As difficult as it has historically been to recruit competent, non-partisan election officials and pollworkers, a new survey suggests its about to become much worse. As we discuss in detail on today's BradCast, that is thanks, in no small part, to persistent threats by Trump's MAGA Mob against local election officials in the wake of his Big Lie that the 2020 election was stolen from him. It's made even worse by state GOP officials translating that lie into new laws that further undermine America's democratic experiment. [Audio link to full show follows this summary.]

But FIRST UP today, a quick follow up underscoring our reporting on yesterday's program, warning about the rise of a new COVID variant (known as BA2, or "stealth Omicron" or "Deltacron") that many seem to be wanting to imagine away. Also several quick updates on the latest news from Russia's relentless bombing and war crimes against Ukraine, as peace talks inch forward, and as at least two Fox "News" journalist are confirmed to have been killed outside of Kyiv.

THEN, on to our main story today. In recent months, Reuters has been unfolding a series of excellent investigative reports on the various, horrific threats issued against election officials by those who bought into Trump's evidence-free claims that the 2020 election was stolen. But GOP state lawmakers have been ignoring those menacing threats and using the Big Lie to create actual legislation allowing them to purge dedicated, non-partisan election officials --- including Republicans seen as not Republican enough --- from their roles and replacing them with partisan operatives.

Brennan Center's recent survey of local election administrators finds that, more than a year after the Trump-incited attack on the U.S. Capitol, one in six officials say they "have experienced threats because of their job." More than half of respondents are "concerned about the safety of their colleagues"; 30 percent "know of one or more election workers who have left at least in part because of fear for their safety, increased threats, or intimidation"; and, perhaps most troubling, 20 percent of them now plan to leave their jobs before the 2024 election, with many "citing political leaders’ attacks on a system they know is fair and honest as one of their top reasons for leaving."

Meanwhile, many officials who would like to continue in their jobs are being pushed out thanks to new laws allowing partisan County Commissions in Georgia, for example, to replace longtime Board of Elections officials like Georgia's civil rights icon Helen Butler (who we interviewed about this late last year) in Morgan County, and 27-year Floyd County Board of Elections veteran Vanessa Waddell, who, with the entire Board in the deeply Republican County, was removed from her post, as documented by WaPo yesterday. That, even after she successfully oversaw last year's U.S. Senate runoff elections in the state amid persistent death threats that resulted in some officials in her office deciding they needed to come to work with pepper spray and stun guns to stay safe.

Leon County, Florida's now-retired 30-year veteran Supervisor of Elections, ION SANCHO, is furious about all of this. He joins us today to discuss these growing threats to our teetering American democracy. Sancho, who retired in 2016, is one of our nation's great election officials. He was so well-regarded by his peers, of all political persuasions, that he was tapped to oversee the wildly contentious and eventually-aborted 2000 Presidential recount in Florida. He was also a central figure in HBO's landmark, 2006 Emmy-nominated documentary, Hacking Democracy, detailing the first public hack of a computerized voting tabulator.

What is going on today, he explains, makes him both angry and deeply concerned about American democracy. "Election officials all over the country, irrespective of partisan affiliation, have been tragically attacked because of our ex-President's lie. The most horrible lie about our elections, frankly, in my lifetime," he tells me, adding that it makes his "head explode".

"It's not being dealt with at all. That's why election officials are subject to the most vile attacks, because the supporters --- the cultists, if you want to call them that --- believe that election was stolen, and this is such a bald-faced lie. It's a tragic lie. It's a stupid lie. And it demonstrates the ignorance of the American citizenry about our elections."

Sancho argues that "we are in the process of destroying a model of non-partisan election administration that has taken decades to build."

"Most election officials are administrators, not activists, not individuals who are used to dealing with the political process, except as standing away from it and facilitating elections. We take oaths to be non-partisan," he continues. "One of the proudest moments of my life was the creation of helping write the standards of codes and conduct for the Elections Center, to apply to all national election officials, putting loyalty to the principles of fair and honest elections over anything else."

Of course, over The BRAD BLOG's nearly 20 years of reporting on elections and voting processes and vulnerable computerized voting and tabulation systems --- much of which Sancho has followed closely over those years --- we've had our own fair share of criticism for some election officials (not to mention almost every voting system vendor). Some of that has resulted in occasional criticism that we are "attacking" election officials or pollworkers ourselves. So, how is our attempt to hold feet to the fire any different from what Sancho sees coming from the American MAGA Right?

"The difference is that you are focusing on specific issues of provable fact," Sancho responds. "That's different than the kind of criticism that we have right now. Your criticism doesn't threaten the democratic experiment. And where we find ourselves now is that the great American experiment, our democracy, is being threatened. It's being destroyed by individuals who would rather believe a narcissistic liar than understand the truth."

Sancho has MUCH more to say on all of this, including thoughts on new legislation heading to Florida's Republican Governor and Presidential hopeful Ron DeSantis that would give him what Sancho describes as "the Governor's private police force on elections."

"That's part of the intimidation," he argues. "Now we're seeing a secret police in the state of Florida for elections. Florida is, unfortunately, one of the leaders of this effort nationally to change non-partisan fair elections into something else."

Sancho concedes "it's hard for me to see how we get around this," though he does offer at least some ideas for solutions to find our way out of this nightmare, including laws to specifically prevent threats against election administrators. "It should be illegal to threaten an election official for the purposes of intimidating them from doing their job and counting the votes. That should be illegal, and it is not."

"We've got to turn this around," Sancho insists. "ALL legal citizens should have the right to vote accessibly, and have that vote counted as they intended, and then we should audit the elections to confirm the validity of that election. That's as simple as it can be, and yet we're very far away from that, as you know."

"What were supposed to be laboratories of democracy," he charges, are now "50 citadels of repression." As suggested, we think Sancho is an American hero. He's on fire today and, as ever, worth tuning in to hear in full.

Finally, Desi Doyen joins us for our latest Green News Report today, with bad news for climate changed Australia and our global fossil fuel dependence, highlighted yet again by Russia's war on Ukraine. She also has a bit of good news for breathers, however, as President Biden's EPA announces critical new regulations on smog and vehicle emissions that will save thousands of American lives...

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On today's BradCast: It's been a very bad week for the pretend "law and order" rightwingers dumb enough to have been suckered by Donald Trump's 2020 "election fraud" hoax. But it's likely to get still worse for them in the days ahead. That's fine by us. [Audio link to full show follows this summary.]

After a quick update today on the latest grim, and getting grimmer, news out of Ukraine as Russia's Vladimir Putin begins his third week of unspeakable barbarism, here are some of the much less grim stories we actually enjoyed covering today...

• Yesterday, we reported on the ongoing challenge (and emergency appeal filed after a bizarre ruling by a Trump-appointed judge) to North Carolina Rep. Madison Cawthorn's eligibility to run for re-election this year. The challengers, including our guest, Constitutional law expert Ron Fein of Free Speech for People, contend that Cawthorn is ineligible to run for federal office, after having violated the 14th Amendment's ban on those who "have engaged in insurrection" after taking an oath to defend the Constitution. But, no sooner did we get off air when news broke that Cawthorn was charged in NC with driving with a revoked license. Apparently, this is the second time he has been charged with the same crime. Will he face any real accountability for it this time around? The max sentence for that is 20 days in jail in NC.

• On the federal level, Attorney General Merrick Garland insisted today that his Justice Department will "not shy away from cases that are controversial or sensitive or political," telling reporters that "to do that would undermine an element of the rule of law." Glad to hear it. His comments came in response to questions about the DoJ's January 6th investigation and whether Trump and those around him would ever face accountability, as hundreds of low-level insurrectionists have faced charges for storming the Capitol on January 6th, 2021, after being being incited by the disgraced former President and his false claims that the 2020 election was stolen from him.

• Tina Peters, a Colorado elections official arguably incited to criminal acts by Trump's lies, is now facing state charges for them. She is the very Trumpy Republican Mesa County Clerk who recently announced her intention to run for Secretary of State. Peters turned herself into custody on Wednesday night after being indicted this week on 10 counts related to elections tampering. (A perfect resume for a GOP Sec. of State contender!) We've been reporting in detail on Peters over the past year, after she allegedly snuck into a secure facility where voting systems are stored in Mesa County along with accomplices (one of them her Deputy, who was also charged this week), turned off the security cameras, and then made copies of hard-drives with critical and proprietary Dominion Voting System software on them. Dominion's Election Management System software from Mesa was subsequently released, along with passwords to the system, to the Internet a few months later during one of conspiracy theorist and pillow magnate Mike Lindell's "election fraud" symposiums, just as Peters was speaking at the forum. The serious security breach with the public release of that software led to a bit of havoc in California's Gubernatorial Recall election just weeks later, where the same Dominion systems were used in several counties. We revisit the sprawling story of how we got here, as the loony Peters finally appears set to pay a very high price for being dumb enough to buy into Trump's con.

• And then there was more bad news this week for Fox "News" and several of the top clods and dupes who host programs on their various channels. A New York judge denied the motions to dismiss filed by Fox and a number of their top anchors, such as Maria Bartiromo and Lou Dobbs, in the $2.7 billion defamation lawsuit filed against them and conspiracy theorist/grifter attorneys Rudy Giuliani and Sidney Powell by voting system company Smartmatic. "At a minimum," the judge found in his 61-page ruling, "Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth." That means the case against most of them will now move forward toward discovery and trial. (Several of those "inherently improbable" claims were based on The BRAD BLOG's own accurate, exclusive reporting back in 2010, which Powell, et al, bastardized to fit their pretend theories about massive election fraud.) Interestingly, the judge also cites a bit of accidentally responsible reporting from Fox star Tucker Carlson to underscore just how irresponsible the others were, in the judge's "finding that there is a substantial basis that Fox News acted with actual malice." The New York ruling follows a similar one from a judge in Delaware last December, who also rejected motions to dismiss from many of the same clowns in Dominion Voting Systems' separate $1.6 billion defamation lawsuit.

• In Texas, which held this year's first-in-the-nation midterm primary elections last week, AP finds that an extraordinary 27,000 mail ballots --- from both Democrats and Republican voters --- were flagged for rejection under the Lone Star State's new voter suppression law passed last year in pretend response to Trump's claims about a stolen 2020 election. The initial rejection rate was approximately 17% statewide and substantially higher in a number of large, Democratic-leaning counties. That, compared with a statewide rejection rate of about 1% of absentee mail ballots back in 2020.

• Finally, Desi Doyen joins us for our latest Green News Report, with more disturbing fallout (and, maybe, some theoretical upsides) regarding energy and security in the wake of Russia's horrific invasion of Ukraine...

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The news out of Ukraine continues to be grim, but there are a few bright spots here at home on today's BradCast, a way that you can help fight fascism without leaving home, and a renewed challenge to an alleged insurrectionist Congressman's eligibility to run for re-election. [Audio link to full show is posted at the end of this summary.]

FIRST UP, Vladimir Putin is now unleashing outright atrocities and unspeakable war crimes against the civilian population of Ukraine. On Wednesday, for example, Russian troops bombed a maternity hospital in Mariupol as nearly half a million residents in the southern Ukrainian city have been cut off from food, water, medicine and power for days. It could all still get much worse. In several ways. One of them is that the crippled Chernobyl nuclear plant in Ukraine, now in the control of the Russians, has now been cut off from the power grid. Diesel generators are hoped capable of keeping the cooling system for the plant's 20,000 spent fuel rods from melting down entirely...as long as generators can be refueled and kept running.

Yesterday, we discussed a bit how working at home --- as many of us did during the pandemic lockdowns --- can help the war effort against Russia in several ways, if only by tamping down surging oil prices. A new poll from Rupert Murdoch's Wall Street Journal finds a huge majority of Americans, 79%, favor cutting off Russian oil imports, even if it further increases the cost of gas at the pump.

Today, we double down on our call: HELP FIGHT FASCISM! WORK FROM HOME! (For now. If you can. It really could make a difference in several ways!) One of our listeners has some additional thoughts, via email, which we share today along similar lines.

NEXT UP, some good news for Democrats --- and those who support representative democracy --- from the U.S. Supreme Court this week. But that good news on U.S. House redistricting in two critical swing states also served to overshadow some potentially ominous news from the GOP's stolen and packed Court. The good news was that the Justices turned away two Republican challenges to new U.S. House maps selected by two state Supreme Courts in Pennsylvania and North Carolina. Each is likely to benefit Democrats this November. The disturbing, largely overshadowed news, is that the four rightwing Justices who would have preferred to have heard the challenges to the new House maps, made clear in their dissents that they are likely supportive of the bonkers "Independent State Legislature Theory".

In short, that's an old Constitutional argument that's been around for years, but has never received the support of a majority of Justices. It holds that two clauses in the U.S. Constitution delegating the "time, place and manner" of elections to state legislatures means that only state legislatures can set any election law, procedures or district map. That means that any other state officials --- Secretaries of State, state Boards of Elections, Governors through their veto pens, or even state courts --- have absolutely no authority to challenge or change any election-related provision adopted by a state legislature. Under this theory, even state Constitutional amendments adopted by a vote of the people would be deemed unconstitutional!

As noted, it's a bonkers theory. But it's one that now apparently has at least four votes in support on the Republican Party's far-right stolen majority. The dissenting Justices in the redistricting cases made quite clear: this issue will return to the Court soon, and it needs the support of just one more Justice. You have now been warned.

FINALLY, for the past two weeks or so, largely since Russia invaded Ukraine, we've been trying unsuccessfully to get back to a story we were covering closely prior to the war, as its both an important one, and there have been a number of twists and turns in it since over the past several weeks.

As we discussed early last month with John Bonifaz, Constitutional law expert and Free Speech for People (FSFP)'s co-founder and President, voters in North Carolina filed a challenge with the State Board of Elections to first-term MAGA Congressman Madison Cawthorn's eligibility to run for re-election. The challenge is based on their claim that Cawthorn violated Sec. 3 of the 14th Amendment which bars anyone from running for federal office who has taken an oath to defend the Constitution, but subsequently "engaged in insurrection or rebellion" against it. The Civil War-era amendment was initially meant to prevent Confederates from running for federal office. Now it is being used to challenge Cawthorn's eligibility to run and, if successful, others as well, including Donald Trump himself if he becomes a candidate in 2024.

Cawthorn spoke at Trump's rally on January 6th, 2021, just days after being sworn in. He is also said to have been among some of the elected officials who may have helped organize the deadly assault on the Capitol that day, meant to prevent the ratification of Joe Biden's Electoral College victory.

There have been a number of twists and turns in this story in recent weeks. Rather than defend himself before the State Board, Cawthorn filed a federal lawsuit to block the challenge entirely, absurdly claiming the Board had no right to determine anyone's eligibility to run for office. Both the State Board and the state's Attorney General filed motions rejecting that argument.

As the case worked it's way through federal district court, the State Board of Elections paused the challenge, as the state's U.S. House map was being contested in state court as well. Once the state Supreme Court selected the maps to be used in the 2022 mid-terms, Cawthorn's district had changed. The voters who initially filed the challenge to his eligibility, with the help of the non-partisan, government accountability group, FSFP, were no longer residents of Cawthorn's new district. But FSFP found new voters in Cawthorn's new district to refile the challenge.

And then, last Friday, in a gobsmacking ruling from the bench, the Trump-appointed federal judge overseeing Cawthorn's lawsuit to block the state challenge ruled in his favor. Judge Richard E. Meyers II declared that a law adopted by Congress in the years after the Civil War, the Amnesty Act of 1872, somehow forgave not only Confederate soldiers, but also any insurrectionists against the United States at any time in the future. The judge's ruling essentially holds that an act of Congress 150 years ago --- without ratification by any states --- nullifies an actual Constitutional Amendment for all time.

Yes, as FSFP's Legal Director RON FEIN, who joins us today explains, the ruling is largely as absurd as it sounds. Fein explains why, and what FSFP plans to do about it, including their emergency appeal to Judge Meyers ruling, filed in federal court today...

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"Democracies are rising to the moment," President Biden forcefully asserted during his first official State of the Union address on Tuesday night. "And the world is clearly choosing the side of peace and security." Is he right? We discuss that and much more on Biden's impossible address last night on today's BradCast.

Before we jump in, however, it was also Election Day in Texas on Tuesday, the nation's first primaries of the 2022 mid-term cycle. We briefly cover the reported results of the top-line races for Governor and Attorney General, as well as some interesting House races with progressive challengers on the Democratic side. There were also several curious anomalies we are looking into out Houston's Harris County, regarding the reported shutdown of some polling places to Democrats (and others, purportedly, shut down to Republican voters); some post-election squabbles on delayed results from the County, reportedly due to problems tallying long ballots on their new, 100% unverifiable touch-screen voting systems; and continuing concerns about thousands of rejected vote-by-mail ballots thanks to new restrictions on absentee voting enacted by the Republican lawmakers last year in the state's newly adopted SB1 law.

Our main focus today, of course, is on Biden's first SOTU. This one, amid a newly raging war on Ukraine, as the autocratic Russia continues its appalling attack on its democratic sovereign neighbor, and as the U.N. General Assembly on Wednesday condemned Russia's aggression and atrocities by a lopsided 141 to 5 vote. There were 35 abstentions (including China) and support for Russia offered from Belarus, Cuba, North Korea and Syria.

As if Biden didn't already have enough to worry about with the continuing, if waning (for now), pandemic; an insurrectionist and obstructionist Republican Party; two obstructionist Democrats blocking the bulk of his domestic agenda; and both an opposition party and corporate media hell-bent on weaponizing predictable post-pandemic inflation, even amid a booming economy with growing wages, record corporate profits, record low unemployment, and the highest growth in GDP since the 1980s. All of which has resulted, reasonably or not, resulted in Biden's approval ratings plummeting in advance of this year's critical mid-terms.

Any one of those issues (and, yes, there are more!) would be enough for one State of the Union address. Biden, somehow, had to deal with them all on Tuesday night.

We're joined today for our special coverage by fellow longtime progressive troublemakers and muckrakers HEATHER DIGBY PARTON of Salon and Hullabaloo and RICHARD 'RJ' ESKOW of The Zero Hour.

There is a lot to discuss today, as we break down key moments from Biden's remarks. But, just for a taste, while they both Parton and Eskow laud the President for rising to the moment and bringing the world together regarding Russia, on the domestic front, political trouble may loom.

"Democrats always have this problem," Parton notes. "The historical pattern here is clear. The Republicans come in and they wreck the place, and Democrats come in and have to clean up the mess. And in the first two years, it's really hard."

"He's not getting a break from the media," Eskow argues. "I think people are also terribly sick of COVID, and he's had to bow to that fatigue. On the grand scheme of things, the big lesson here is the limits of Presidential power, and the fact that he would love to be doing a lot more. Here's a man who spent 50 years running for President, now he's got it, and I feel sorry for him."

Did last night serve to help Biden and the Democrats change their trajectory as we head toward a mid-term election which the media continues to remind voters is (almost always) a historically difficult one for the party in power? Tune in for our special coverage and conversation on that and much, much more...

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Gotta keep this very brief as tonight's State of the Union address begins shortly (full coverage on tomorrow's BradCast), but the madness of Putin's war on Ukraine continues today, as some Republicans here at home seem to be rooting both for him and against democracy itself. [Audio link to full show is posted below this summary.]

We begin again today with coverage of the latest noteworthy news out of Russia/Ukraine, along with a few warnings about propaganda from all sides and the potential for erroneous reports amid the fog of war. Among the many stories covered today...

• The office of the Ukrainian President, Volodymyr Zelenskyy is reporting today that Russian bombs fell on Babi Yar, a Holocaust memorial site in Kyiv where some 34,000 Ukrainians were slaughtered by Nazis during one 48 period in 1941. The news offers a bizarre twist on the "denazification" that Vladimir Putin used as a phony pretext --- along with false claims of stopping a "genocide" --- when he launched his unprovoked attack on Ukraine last week.

• Nearly 700,000 refugees have reportedly fled the country, with tens of thousands still trying to get out. But more than 40 million men, women and children remain, and are still facing bombardment while valiantly defending the country and its major cities. For now.

• Swiss authorities report that the firm responsible for running the Nord Stream 2 gas pipeline from Russia to Germany on behalf Gazprom, the Russia-controlled gas giant which owns the pipeline, have been laid off and the company overseeing the project is either in or near bankruptcy. That, after Germany stopped certification of the new pipeline as Russia launched its war last week and as sanctions have resulted in the pipeline firm being unable to pay its workers.

• The International Energy Agency (IEA)'s 31 member countries, including the U.S., declared they will be releasing 60 million barrels of oil from strategic reserves in hopes of preventing global shortages and to ease the soaring price of crude. Knowing Big Oil and fossil fuel market speculators, its unlikely to have much effect. Though moving the world off of fossil fuels MUCH faster just might help!

• In a kind of amazing story, a Russian government climate scientist publicly apologized to Ukrainian scientists over the weekend during the Intergovernmental Panel on Climate Change (IPCC)'s final session to complete the group's latest blockbuster report released on Monday. The Russian scientist offered his "apology on behalf of all Russians who were not able to prevent this conflict," adding that "all of those who know what is happening fail to find any justification for this attack against Ukraine."

• Those remarks echo some points we tried to make on yesterday's BradCast in response to a few on the left (hopefully very few) who seem to be placing inappropriate blame on the U.S. and NATO for Russia's outrageous aggression and war crimes. While the U.S. and NATO have made a number of missteps since the fall of the Soviet Union, only Russia can be blamed for the deadly, unprovoked military assault now underway on an unthreatening neighboring sovereign nation. Here is a very short and helpful metaphor to help folks understand all of this, casting Ukraine as a woman trying to break up with her abusive ex.

• And, while the fight for democracy overseas is at a perilous moment, the Republican Party here at home continues to have completely lost its way. (Or, maybe, has finally found it.) Far-right Congressmembers Marjorie Taylor Greene (R-GA) and Paul Gosar (R-AZ) both appeared at a white nationalist rally over the weekend, where the leader of the group praised their "secret sauce" of "young white men" as the crowd cheered for Putin just before MTG took the podium. Sen. Mitt Romney (R-UT) condemned both of his colleagues on CNN on Sunday, noting, "I've got morons on my team." One of those morons, as we also discuss after playing some audio of his comments on the House floor today, is House Minority Leader Kevin McCarthy (R-CA).

• It's mid-term primary Election Day in Texas today and, as we discussed last week with the President of the League of Women Voters of Texas, the state's new GOP-adopted voting restrictions are resulting in a huge percentage of absentee ballots being rejected --- nearly 30%, for example, in Houston's Harris County. By way of contrast, the last mid-term elections in Texas in 2018, saw a 1% rejection of vote-by-mail ballots statewide. Some late absentee voters may still have until March 7 to cure any ballot deficiencies if they can get to the County Clerk's office in person to do so.

• Finally, Desi Doyen is here with our latest Green News Report, with more news on energy related sanctions and Russia; the disturbing new, 4,000 page IPCC report; and the U.S. Supreme Court's latest attempt to gut the EPA's statutory power to regulate deadly fossil fuel emissions...

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On today's BradCast: The greatest threat to autocracy is, of course, democracy. Which is why, I believe, Vladimir Putin is now threatening Ukraine and why Republicans in this country are (successfully) attacking the right to vote itself. [Audio link to full show is posted below this summary.]

On Ukraine today, we share the latest in the increasingly dangerous standoff that threatens to spark all out war in Eastern Europe, unlike anything seen since WWII. That, on the heels of Putin's increasingly militaristic and bellicose pronouncements and his unilateral declaration on Monday that two Russia-backed, separatist-controlled regions in the eastern part of Ukraine are now independent "republics" that Russian troops may enter (invade) at will, in defiance of international law.

In response to the increased aggression, and in hopes of staving off a full-scale invasion, the U.S. and some 27 European Union members have begun to institute a series of sanctions, including Germany's announcement that they are halting certification of the Nord Stream 2 gas pipeline, a lucrative project for Russia which they had spent years working to open.

In Washington today, President Biden offered brief remarks which we share, decrying the Russian President for "carving out a big chunk of Ukraine" in defiance of international law, even as Biden remains hopeful that diplomacy is still possible. At the same time, however, he announced what he described as the "first tranche" of economic sanctions against Russian financial institutions, as well as several elites and their family members, with much more to come if a full scale invasion is launched.

There is, of course, much discussion and debate about all of this, with experts and pundits choosing up sides and offering explanations for Putin's behavior. The U.S. and EU and NATO certainly play a part in this potentially lethal failure of post-WWII, post-Cold War European diplomacy. But the point for now that rings most true, at least to me, was cited today by the WaPo Editorial Board arguing that Putin's "true reason for targeting Ukraine is not Russian national security but to preserve his own power in Moscow, which would be threatened by a successful democratic experiment in a former Soviet republic of Ukraine’s size and cultural importance."

Yes, authoritarians hate democracy. It's as simple as that. Which is why we've seen, in this country of late, so many voter suppression laws adopted by GOP-controlled states in the wake of Donald Trump's loss in 2020 and his false, evidence-free claims that the election was stolen from him through some sort of "fraud".

We've covered --- and warned about --- the many new voting restrictions adopted by Republican-controlled states and legislatures since 2020 for months. Now we are finally seeing how those new suppression laws are having a direct and disastrous effect on actual elections, beginning with Texas, which is the first state to hold its primaries for the 2022 mid-terms, next Tuesday.

With new restrictions on absentee voting --- in one of the most difficult states to vote by mail already! --- an extraordinarily high percentage of absentee ballot applications have been rejected in recent weeks in the state's most populous counties. Many of the rejected applications --- more than 30% in Houston's Harris County --- were due to the new, and at times impossible, requirements to include identifying information that exactly matches that on the voter's record, even if they registered to vote decades ago and have no clue whether they included a drivers license number or a social security number or no number at all at the time.

But of those who are able to finally get an absentee ballot, the rejection rates, so far, of actual ballots in advance of next week's Election Day are stunning. 35% of ballots are being rejected in Harris County, the state's most populous (and most African-American); 26% of mail-in ballots in Dallas County; and 25% of ballots are being nixed in Collins County, just north of Dallas.

We're joined today by GRACE CHIMENE, President of the League of Women Voters of Texas, to explain what is going on in the Lone Star State; why it's going on; whether Republicans (whose voters are also being suppressed, if not in as large numbers) have any concerns about what is going on; and what, if anything, can be done about any of it in time for next Tuesday or, at the very least, before this November, when the number of voters --- and rejected applications and ballots --- will be much much higher unless the state's SB1 law is amended or blocked by the courts.

Chimene cites Texas officials who declared the 2020 election as "a very safe and secure election." Nonetheless, she notes, "the officials and the politicians who are writing these bills were the ones who won during the election. And it was safe and secure. So, really, I don't think they thought of this SB1 voter suppression bill, I don't think they thought of these ideas themselves. I think they came from someplace else and they were pushed out trying to meet somebody else's agenda of suppressing the vote even further here in Texas."

Election officials are now barred from informing eligible voters that they may vote by mail and, even when their applications or ballots are rejected, they are forced to be circumspect about why. Chimene explained that eventually officials were allowed to send a postcard to notify voters about rejected applications, but "what they don't tell them is where the mistake was in their application. They're not being told why the application was rejected, they're just notified that it was a rejected application." Notifying voters of rejected BALLOTS has been similarly fraught. "It's just a mess," the longtime non-partisan voting advocate tells us.

Chimene says that she "was hoping for some federal help, through federal legislation, such as updating the Voting Rights Act or the John Lewis Voting Rights Act, and it was so disappointing that that didn't happen." She calls out Texas Republicans for targeting voters and federal law enforcement for an inadequate response to it: "The issue is, who do they want to vote in the election, and how can they stop it? And it's just very disheartening to see this happening and that there's no help coming from the federal government."

What is now happening, in alarming numbers in Texas, Chimene explains, is "a way to stop people who have been voting for a very long time, very successfully, very securely and safely, and now they're unable to participate in the democracy. It's just bad news for democracy."

We seem to have quite a bit of that today...And not just in Texas...

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Today on The BradCast: On January 6, 2021, Donald Trump and his democracy-hating supporters hoped to exploit the vagaries of the horribly written Electoral Count Act (ECA) of 1887 --- along with several vagaries of the U.S. Constitution itself --- to try and steal the 2020 President election during the joint session of Congress meant to affirm the state certified results of the Electoral College. Now, there is an ongoing bipartisan effort in Congress to modernize and reform the ECA to prevent a similar nightmare in 2024 or beyond. But will even that reform, if successfully adopted, be able to prevent a political party from acting in bad faith to steal a Presidential election in plain sight in the future? [Audio link to full show is posted below this summary.]

But, first up today, before we get to the ECA, Democrats are down to just 49 voting members of the Senate at the moment, after New Mexico's 49-year old Senator Ben Ray Luján, his office announced on Tuesday, has been hospitalized with a stroke after experiencing dizziness and fatigue last week. The statement suggests a full recovery is expected, even as the incident serves as a reminder of the Party's tenuous 50-vote majority in the Senate...as long as everyone is well and Vice President Kamala Harris is there to break any ties. Dems seem to think that Luján will recover in time to support Joe Biden's eventual nominee to fill the Supreme Court seat being vacated by the retiring Justice Stephen Breyer in June.

Also, speaking of the U.S. Senate, we've got a minor update on the landmark Build Back Better proposal that had served for months last year as the $1.7 trillion centerpiece of President Biden's agenda: Senator Joe Manchin (D-WV) says that "it's dead". That, after he killed it at the end of last year following months of negotiations and citing several ridiculous reasons. And while Democrats are hopefully they may still be able to pass Manchin-approved chunks of the bill in the future, I remain dubious that Manchin --- whose family rakes in millions from their coal business, supplying just one single coal plant with waste coal in West Virginia --- will ever allow the measure's critical $555 billion in environmental spending to help tackle climate change to be adopted.

Manchin spent months last year pretending to negotiate "in good faith" on the bill, even claiming repeatedly to support its climate provisions which incentivize the nation's power plants to move from dirty fossil fuels to clean, renewable energy. Even in recent days, Democrats have repeated the notion that Manchin supports at least those provisions of the sweeping measure that would have also expanded healthcare, education, child care, elder care and much more. But if you believe Manchin supports BBB's environmental initiatives, I've got a coal-fired power plant in West Virginia to sell ya. Of course, I hope to be wrong. But I haven't been, so far, on this matter unfortunately.

Next, it's on to the ridiculously written Electoral Count Act (ECA) which was adopted, as our guest today, GRACE PANETTA of Business Insider detailed in her deep-dive report this week, "following the disputed 1876 election between Samuel Tilden and Rutherford B. Hayes, which was marred by allegations of fraud and the disenfranchisement of Black voters." The ECA was passed at the time to help clarify certain aspects of the U.S. Constitution's mandated 12th Amendment process for counting and determining the eligibility of Electoral College votes. But it is so vaguely written --- Panetta cites an ECA scholar who notes that "many of its substantive rules are set out in a single sentence that is 275 words long" --- that Trump and his corrupt team of advisors were able to claim that the ECA allowed for Vice President Pence to pretty much name anybody he liked as the winner of the 2020 election during the joint session of Congress on January 6th.

This week, several coalitions in the Senate --- one, a group of three Democrats; the other, a bipartisan group of 16 Senators including nine Republicans --- are working to rewrite the measure in hopes of both clarifying it and preventing it from being exploited to steal a Presidential election. At least in theory.

As I've discussed on several shows of late, I often go to bed at night pondering the many ways that a political party prepared to act in bad faith --- in this case, Republicans --- can quite easily steal a Presidential election via the Electoral College with literally nothing more than norms, traditions and good faith to stop them. That's a fact, no matter what happens at the precinct level in each state, no matter who is and isn't allowed to vote, and no matter how those votes may be tallied. A party acting in concert in bad faith can steal an American Presidential election and there is little if anything in current law or the Constitution to prevent it.

Moreover, depending on how the ECA is rewritten --- if Republicans allow such a rewrite to be passed in both chambers and signed by the President --- it may still leave the door open for a rogue state legislature or even a single Governor acting in bad faith to steal an election, in what one ECA expert that Panetta cites describes as "the Swing State Governor's Gambit".

Panetta, a senior politics reporter at Insider, joins us from the Senate Gallery today to explain what the ECA is supposed to do; how Trump attempted to abuse it to steal the 2020 election; how reform can hopefully prevent that from happening in the future; and what the chances currently are that this new reform movement in the Senate will be successful.

She also makes clear --- in response to Trump's idiotic statement (admission?) on Sunday, claiming Pence had "the right to change the outcome" of the election --- that "the ECA does NOT give the Vice President the authority to unilaterally decide which electoral votes to count or not."

"The ECA as it exists, in its imperfect, flawed form, does NOT give the Vice President this authority," Panetta reiterates. "At the same time, however, I think what both the bipartisan group and another trio of Democratic Senators who introduced an ECA reform bill yesterday are trying to do is even more clearly state, clearly clarify in 21st-century language, that single slates of electors sent to Congress should be treated as final and the Vice President really has no role to adjudicate this."

Right now, she warns, "the groundwork is being laid at the state level for state officials --- like Governors, like Secretaries of State --- to overturn elections. In short, a Governor could submit an illegitimate slate of electors that does not reflect the popular vote in the state, and candidates could try in federal court to compel a Governor to send the correct slate, but that's no guarantee that that would fully work." So, yes, getting ECA reform right is now more critical than ever.

Finally today, some good news --- at least as I see it. New York's legislature has approved a new Congressional map for the state that will most likely add three additional Democratic members of Congress from the Empire State. New York Republicans are hopping mad about what they describe as an outrageous partisan gerrymander by Democrats. Ya know, just like the even more egregious ones being carried out by Republicans in GOP-controlled states like Ohio, North Carolina and Texas, where population growth was due almost entirely to minority voters, and yet state Republicans removed minority voting districts to add GOP seats. While I certainly would have opposed such efforts by Dems in the past (many redistricting experts still do), given the efforts right now by Republicans to undermine American democracy itself, I'm just fine with what NY is doing. If Republicans oppose it, they can (and should!) take it to court. Unfortunately, they won't be able to take it to federal court, because their own stolen and packed U.S. Supreme Court majority recently declared that federal courts may play no part in adjudicating partisan state gerrymanders. SAD!...

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A few technical demons at the KPFK studio today kept us on our toes during today's BradCast. The chaos was only multiplied by a ton of very lively callers. You may (or may not) be the beneficiary of all of the madness that subsequently ensued. Enjoy! [Audio link to show is posted below this summary.]

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

• Over the weekend, after a McMinn County, Tennessee School Board banned Maus: A Survivor's Tale --- Art Spiegelman's iconic and moving Pulitzer Prize-winning 1992 graphic novel on the Holocaust --- from 8th grade classrooms last week, both that book and its companion, Maus II: And Here My Troubles Began, shot to the top of Amazon's best-seller lists. So something good has come from the snowflake rightwingers and their cancel culture in Tennessee (and beyond.)

• Over the weekend at a rally in Texas, our disgraced, criminal, twice-impeached former President suggested that, if he was elected President again, he would pardon his insurrectionist supporters who attacked the U.S. Capitol and hundreds of law enforcement officials to try and steal the 2020 election on his behalf on January 6, 2021. Never mind the nine people who died during or after the worst assault on our Capitol since the War of 1812. Since Donald Trump actually opposes law and order, he would almost certainly pardon hundreds of the violent attackers. And, at the same rally, he also instructed his brainwashed supporters to launch mass protests if (when?) he's indicted in D.C., New York and/or Georgia.

• On Sunday, Trump also admitted in a statement that he had wanted Vice President Pence to "change the outcome" of the 2020 election by "overturn[ing]" the certified results on January 6th. No, it was never about giving Congress time to investigate "fraud", for which there has never been evidence, either then or now. The "legal" mechanism that Trump and his duplicitous campaign aids and attorneys were hoping to exploit is the vague and poorly written Electoral Count Act of 1887. A bipartisan group of U.S. Senators are now reportedly working on reforming that century old statute to prevent a similar occurrence in 2024 or beyond.

• Last week, rocker Neil Young announced that he would pull his music from the Spotify if conspiracy theorist podcast host Joe Rogan was allowed to stay on their streaming service and continue to broadcast misinformation related to the coronavirus, COVID and its vaccines. Spotify is sticking with Rogan after recently signing him to a $100 million contract giving them exclusive rights to stream his show. So, Young and others, including Joni Mitchell, have since pulled their catalog from the service. In response, Rogan has now vowed to add "balance" to his program, and Spotify has said they would slap a "content advisory" on anypodcast episode on which the coronavirus was discussed. Of course, "balance" only serves to level an unlevel playing field for Rogan's deadly false claims about COVID and its vaccines. And Spotify's vow to label all shows with "content advisories" that talk about coronavirus only leaves viewers/listeners confused about what is truth and what is COVID fiction. How many thousands of people have been unnecessarily killed thanks to Rogan (and Spotify)'s irresponsible misinformation is, of course, unknown.

On the second half of today's show, we open up the phone lines to a ton of listener calls on all of the above...though most wanted to talk about Rogan's lies. And, yes, we take calls both for and against those lies...

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On today's BradCast, Democrats, liberals, progressives and non-wingnut legal experts who actually care about the rule of law breathe a huge sigh of relief. And how you --- yes YOU --- can help save American Democracy beginning right now in YOUR home town! [Audio link to full show is posted below this summary.]

First up, after many --- including one of our favorite guests, Salon legal journalist Mark Joseph Stern --- had been furious at the end of last year's Supreme Court term, when 83-year old Justice Stephen Breyer did not announce his retirement, he finally did so on Wednesday. He'll be leaving at the end of this term over the Summer. If all goes as hoped, that should prevent another situation where there is a vacancy on the Court with a Democrat in the White House and an obstructionist Republican majority in the Senate. As Stern told us last July on this program, Breyer's reticence to step down at the time could easily have led to a case where, once again, Republicans change the number of seats on the bench for as long as they need to until another Republican is in the White House. In fact, as Stern argued on that program last year, he does not believe a GOP-controlled Senate will ever fill another vacancy on either SCOTUS or the federal Appeals Court if the nomination is made by a Democratic President.

Today, we discuss Breyer's legacy as a longtime pragmatic centrist on an increasingly ideologically split Court, and the likely nominees to replace him --- presuming Lord Manchin and Lady Sinema deign to offer their approval. If all Dems unite behind President Biden's nominee, they can now seat whoever they like with only a 50 vote majority, given that Republicans killed the Senate filibuster rules for Supreme Court appointees during the Trump Presidency in order to steal and pack the Court's majority with three hard-right Trump nominees. Biden has long vowed to appoint the first black woman to the High Court and we discuss some of those likely nominees today.

Next, a quick followup on a story we covered yesterday. Late on Tuesday, after we got off air, a federal judge in California rejected a lawsuit filed by John Eastman, the wingnut Trump Campaign attorney who wrote the memos arguing that Vice President Mike Pence could simply nullify Joe Biden's Electoral College victory on January 6th, 2021. Eastman had sued to block the release of some 19,000 emails written on his Chapman University email account while he (unbeknownst to the school) was secretly working for Trump. The emails had been subpoenaed from the university by the bipartisan U.S. House Select Committee investigating the deadly attack on the Capitol and the former President's efforts to steal the 2020 election. The federal judge forcefully defended the Committee's right to review those emails and rejected Eastman's attempt to block them.

With failure after failure for the Trump MAGA Mob in courts across the country, all the way up to SCOTUS, in both their efforts to steal the 2020 election and, subsequently, block the House Select Committee investigating the Jan. 6 attack, rightwingers have turned their focus to undermining elections before they get to the courts.

But, this year, Democrats and Republicans are keenly focused on races for elections officials, with the Democratic Association of Secretaries of State announcing a record fund-raising haul of $4.5 million in 2021. That's three times more than they raised in the entire 2018 election cycle. That, following Trump's efforts to steal the 2020 election and the GOP focus on replacing chief state election officials with Trump loyalists willing to suppress voting rights and subvert election results.

It's not only states' top election officials who play a critical role in protecting the right to vote and American democracy itself, however. There are, literally, thousands of races for elections administrators on the ballot across the country this year. At the same time, Trumpers have been focusing on those races, as well as other locally elected positions from school boards to city councils to county health boards and many others. Meanwhile, our guest today has been working successfully over the past two election cycles to counter such efforts by finding young, progressive, often minority candidates to run for many of those same local positions. And, this year, her organization is stepping up their efforts to focus particularly on election administrative roles in all 50 states.

AMANDA LITMAN, co-founder and executive director of Run for Something, is our guest today. She is also the author of Don't Just March, Run For Something: A real-talk guide to fixing the system yourself. Her group has had remarkable success since launching in 2017, in the wake of Hilary Clinton's 2016 disaster, in recruiting young, diverse progressives for local office.

"We have helped elect 637 people across 48 states, mostly women, mostly people of color, about a fifth LGBTQIA+, all forty years old or younger," she tells us. "They have done things like expand early voting here in New York, where I live. They've helped 50,000 Floridians access unemployment benefits down in Orlando. The Waterloo City Council in Iowa now has a paid leave policy for people experiencing pregnancy loss. In Harris County, Texas, they've ended cash bail, did a number of really important things around budgeting thanks to Lina Hidalgo, the Harris County executive and Harris County Attorney Christian Menefee. So we have seen, over and over again, young people can run, they can win, they can make a difference on the local level that makes life so much better for people in a way that really matters."

Those efforts continue as the 2022 mid-term cycle gets under way, and she is urging folks again to not just be angry or buried in despair about what is happening to our nation right now, but to take action by running for something instead! "It is not too late to get started for this year. Most states have their filing deadlines in March, April, May," Litman explains. "Even if you're just now thinking maybe I want to do this, especially for these local elections, you can run. We will help you get your campaign set up, we'll help you figure out how to get on the ballot, and we'll make sure you have everything you need to succeed."

The group has created a simple tool at RunForWhat.net that will allow you to plug in a few simple pieces of information, like your location, to inform you about which local ballot positions need filling this year where you live. "We have a network of people all across the country who want to help you," she tells me. "They're here to support you as a candidate --- for free!"

"It's really important to know that these elections are happening all the time. They are year-round. They are determined in some places by a really small number of voters. And they are affordable. 75% of school board races in years past cost $1,000 or less, 85% cost $5,000 or less. It's totally attainable for someone who has never run for office before to run for and win one of these positions," Litman explains.

As to the group's specific focus this year on election-related positions, Run for Something has kicked off a multi-million dollar effort to contest those jobs in particular. And there are a LOT of them to be filled! "We're doing a bunch of target work there, making sure that in the nearly 2,000 races like these across the nation this year we've got as many candidates as possible. There are at least 2,000 of them that touch elections in some way on the ballot in 2022. Another 1,000 in 2023, and close to 4,000 of them on the ballot in 2024."

But, if Democrats object to the Trump/Bannon/QAnon efforts to fill election administrator rolls with loyalists, how is Litman's effort any different from what the GOP is doing? "We're not in favor of Democrats," she counters, "we're in favor of democracy. That's a really important distinction," argues Litman, before going into more depth on that distinction today.

"We are trying to talk to every person we can, and make sure everyone knows you can and should think about running for office," she continues, explaining that her organization will also help folks who may not specifically fit the profile of the type of candidate that Run for Something might personally end up choosing to endorse. In that case, she says, they will help point you to others who can help as well.

"We need people from all walks of life. We need folks, yes, who are lawyers and businessmen. But, really, we need teachers, we need parents, we need artists, we need scientists, we need refugees, we need first- and second-generation Americans, we need Chipotle burrito-rollers and people who have worked in fast food and retail. Our government will work better when it reflects the people it is trying to serve. So we need you to run! If you're listening to this, we need you to run!"

And, yes, Litman implores, "your democracy needs YOU!"...

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We'd love to tout all of the encouraging news we have for you on today's BradCast. We have quite a bit of it. Problem is, while we have a lot of it, each story is largely just marginally encouraging in and of itself. Still, these days, we'll take what we can get! [Audio link to full show follows this summary.]

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

• An appeals court in Wisconsin unanimously blocks a wingnut lower court judge's ruling from a few weeks ago that had declared the use of absentee ballot drop boxes to be in violation of state law, despite the many years that they've been in use. Who knew? So, good news that the judge was overturned for now. Bad news that the appellate court order only applies for now to the state's upcoming February primary elections.

• Seemingly encouraging news out of Alabama today --- perhaps the only unqualified good news we've got to share with you all day, in fact! A three-judge federal court panel --- including two Trump appointees --- have rejected the state GOP's newly redistricted U.S. House map, declaring it to be an unlawful racial gerrymander in violation of the federal Voting Rights Act. The court's ruling, if it withstands appeal, would require the Republican-majority state legislature to draw two Black majority districts instead of one. That, in a state with a 27% Black electorate, represented for years by 6 Republican White men and 1 African-American Representative.

• While the U.S. (and EU and NATO) continue their warnings of an "IMMINENT INVASION!" of Ukraine by Russia, Ukrainian officials have a message for the world: Please calm the fuck down! (Though please keep sending those weapons in the mean time.)

• Oh, look! Wingnut radio conspiracy theorist, professional grifter, Donald Trump buddy, and key instigator of the deadly January 6th attack on the U.S. Capitol, Alex Jones, quietly sat down this week for questioning with the U.S. House Select Committee investigating Trump's attempt to steal the 2020 election. That, even though Jones had previous filed a lawsuit to quash his subpoena from the Committee. Apparently, he pleaded the Fifth "almost 100 times" for some reason in the bargain, he says.

• And, speaking of pleading the Fifth, (former?) law professor John Eastman, who wrote the memos detailing a plot for how then Vice President Mike Pence could "legally" steal the election for Trump by refusing to accept lawfully certified 2020 Electoral College votes on January 6th, also chose to avoid self-incrimination in criminal matters by invoking the privilege when he testified recently to the Committee. As of a court hearing on Monday, we now know he did so 146 times! That, according to details proffered during the hearing for a suit in which Eastman is suing his former employer, Chapman University. He is hoping to prevent them from releasing 19,000 of his emails subpoenaed by the House Select Committee and written from his university email address while working for free for Trump (unbeknownst to the non-partisan university, which eventually fired him for doing so.) The judge in the case is reportedly not happy with Eastman, and has ordered him to make a list of which of the 19,000 subpoenaed emails he believes should be withheld from the Committee due to attorney-client privilege.

• Meanwhile, it continues to be a lousy time to be associated with our disgraced, twice-impeached loser of a former President. Even for a coal lobbyist. Democrats in the Virginia state Senate say they are now united in their hopes of blocking the new GOP Governor Glenn Youngkin's nomination of former Trump EPA Administrator (and coal lobbyist!) Andrew Wheeler for the commonwealth's top environmental official. SAD! That, after 150 former EPA employees signed a letter to the state Senators accusing Wheeler of having "pursued an extremist approach, methodically weakening EPA’s ability to protect public health and the environment, instead favoring polluters." (Though because the state Senate Dems haven't yet taken the very rare step of blocking the new Guv's nominee, the news is still to be considered marginally good for the moment.)

• Finally, while it should be very good news that we are sharing our 1,200th Green News Report today --- coincidentally in the same week that The BRAD BLOG is celebrating our 18th birthday --- the fact that we've had to do 1,200 GNRs (instead of saving humanity and the entire planet about 800 episodes ago) makes the good news only marginal as well. As usual, the content of today's report doesn't help much either...though even there, we've got a bit of marginally encouraging news for ya.

You're welcome!...

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On today's BradCast, we pick up, in no small part, where we left off on Friday's show regarding that chilling, newly unearthed, December 16, 2020 draft Executive Order [PDF] created for Donald Trump to allow him to declare a national security emergency, seize the nation's voting systems, and implement a military coup that would have left him in power after the 2020 election's actual winner, Joe Biden, was supposed to have been sworn in. We are joined today by the woman whose organization's federal lawsuit in Georgia was quoted extensively in that draft EO as a pretext for seizing the nation's voting systems. Of course, the MAGA Mob lied about the ruling they quoted from her lawsuit in the never-issued EO. [Audio link to full show is posted at end of this summary.]

But first, we cover some quick news headlines today...

• Just before airtime, the Fulton County, Georgia Superior Court reportedly approved District Attorney Fani Willis' request for the creation of a Special Grand Jury to aid her ongoing investigation into the criminal conspiracy to steal the state's 2020 Presidential election by Trump and others in his cabal, potentially including former WH Chief of Staff Mark Meadows, Trump attorney Rudy Giuliani and Trump buddy Sen. Lindsey Graham among others.

• Then, news on the quickly ratcheting tensions in Ukraine, where Russia continues to amass thousands of troops on their eastern border in preparation, according to NATO and the U.S., for an invasion of the former Soviet Union satellite country. Russia, on the other hand, says it has no intention of invading and is simply responding to provocations by NATO and the West. We detail the latest as tensions continue to grow by the hour --- along with new military hardware in the region --- on all sides.

• Also on Monday, the GOP's stolen and packed U.S. Supreme Court announced plans to take up two cases next term on affirmative action in college admissions. One case challenges the use of race in Harvard's admissions policies, the other looks at similar policies at the public University of North Carolina. The Court's decision to hear these cases, despite multiple cases in recent years confirming the Constitutionality of such policies, signals the likelihood that the newly far-right 6 to 3 Court is looking to overturn long-standing precedent on race-based policies. Such a reversal of otherwise settled law would echo similarly radical moves in other recent rightwing hobby horse cases taken up by this Court regarding abortion, gun rights, voting rights, vaccine mandates, and environmental regulations.

Then we're joined by MARILYN MARKS, longtime election integrity, security and transparency advocate and Executive Director of the non-partisan Coalition for Good Governance. It was a ruling in the Coalition's long-standing lawsuit seeking to ban Georgia's new, unverifiable touchscreen voting systems made by Dominion Voting Systems that was quoted, at length, in the December 2020 draft Executive Order [PDF] that was to direct Trump's Secretary of Defense to immediately seize the nation's voting systems and institute a military coup to keep him in office.

The EO quotes a ruling in the Coalition's case made by U.S. District Court Judge Amy Totenberg just prior to the November 2020 election. In it, as we reported at the time, she recognized the massive vulnerabilities in Georgia's new Dominion touchscreen Ballot Marking Device (BMD) voting systems, but allowed them for first-time use in the 2020 election anyway. The previous year, as part of the very same lawsuit, Judge Totenberg finally banned the state's controversial, 20-year old, unverifiable, insecure touchscreen systems made by Diebold, finding the vulnerabilities made them unconstitutional for use in Georgia's elections. Rather than replace those old systems with verifiable hand-marked paper ballot systems, Georgia's Republican Sec. of State Brad Raffensperger forced every county in the state to switch to the new, unverifiable Dominion systems which share many of the same problems as those they replaced.

In the draft EO, after citing Totenberg's 2020 ruling at length, the drafters of the document (likely Sidney Powell and Michael Flynn, among others), falsely claim that "Every defect and hazard of which Judge Totenberg warned, happened in Georgia."

Marks, whose has joined us many times on this program over the years to discuss her legitimate case to ban those Dominion systems in Georgia (a case which continues), offers her reaction today to seeing a ruling from her case included in the EO drafted for Trump's military coup.

"I was ready for the whole world to know about our lawsuit --- those who don't listen to you --- but this is not the way I wanted to have it happen!," quips Marks. "Because, of course, it is a totally serious lawsuit and this [EO] is preposterous, silly and crazy. And chilling, as well!"

She says that she was "horrified" when she first saw the news come in via headlines. "It's just so shocking that this would have gotten on paper anywhere, that anybody could have these ideas to use the judge's very serious ruling, to take it totally out, twist the words [and] wrap it in a bunch of lies. It's really so sad and scary."

Marks notes as well that, while there are indeed very serious vulnerabilities in Georgia's new voting systems (and others like it in use around the country) making them "hackable", the evidence-free (and/or wholly inaccurate) claims made by the Trumpers in the EO about them having been manipulated "is just so false. It's unbelievable that someone could get away with putting that on paper because there's no evidence that any of those things happened. Yes, there were problems [in Georgia]. Yes, those problems need to be resolved. But certainly not what these people are claiming."

She also explains why, even if the Pentagon had seized the voting machines in Georgia as the document called for, they were not likely to find the "malware" they pretended was on those systems in November of 2020 because the systems had already been wiped for upcoming municipal elections and the January U.S. Senate runoffs by that time in December.

We go on to discuss how both this newly revealed EO and all of the phony, evidence-free claims that the 2020 election was stolen --- as part of Trump's actual efforts to steal the election --- has made the fight for election integrity all the more difficult for real advocates. In response, she argues that many Democrats are now even more afraid to take action on anything that has to do with concerns about voting systems. Some, she notes, are even working to make such systems less transparent in the bargain. "So what we are seeing is some pushback that is really unhealthy in terms of let's reduce transparency, let's reduce citizen oversight, thinking that somehow that will quiet the citizens talking about the problems. It's a dangerous reaction," warns Marks...

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Today on The BradCast: While this week will be seen by history as a shameful one for American democracy --- or, more specifically, for 50 Republican Senators and 2 Democratic ones --- it may also eventually become a celebrated week for all of the encouraging criminal accountability news that is now coming in on what seems like an hourly basis for our disgraced and failed former President. [Audio link to full show is posted below this summary.]

Among the many stories covered today...

• After a year-long kabuki drama, played out only for the benefit of obstructionist Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), both have decided to include themselves in American history's hall of shame by siding with segregationists, anti-democracy activists and Republican authoritarians in the U.S. Senate to block much-needed protection for voting rights and American democracy. While claiming to support the critical, combined Freedom to Vote: John R. Lewis Act --- which would have helped to standardize voting rights for all, combat the GOP subversion of election results, ended dark money in campaigns, blocked partisan gerrymandering in all 50 states and restored what SCOTUS broke in the Voting Rights Act in 2013 --- the two both voted to ensure none of it could happen. They chose to embrace the Senate's undemocratic filibuster rule instead, just as opponents of civil and voting rights have done over decades of American history. We put a bow on the year-long saga today, share parts of Wednesday night's maddening debate, and join Sen. Raphael Warnock (D-GA) in his vow from the Senate floor to keep coming back "again and again and again" until the job of protecting and saving American democracy is won.

• In far less grim news today, the very very bad week for the Trump Crime Family continues to worsen. After Wednesday's devastating loss at his own packed and stolen U.S. Supreme Court, documents from the Trump White House regarding January 6, 2021 have reportedly begun flowing from the National Archives to the bi-partisan U.S. House Select Committee investigating the 2021 attack on the U.S. Capitol and Donald Trump's attempt to steal the 2020 election. We review a few interesting points of note from the High Court's crushing 8 to 1 ruling [PDF] rejecting Trump's claim of Executive Privilege in his failed effort to block the release of thousands of documents to the Committee, including what could be some very incriminating video tape.

• With hopes of hiding behind Executive Privilege all but dashed by SCOTUS, the ability of Trump's henchmen to avoid subpoenas for documents and testimony by the Jan 6 Committee is quickly fading as well. On Thursday, Ivanka Trump became the first family member to receive an invitation --- not yet a subpoena --- from the House Committee to answer a number of key questions about her role in January 6th, and her various reported contacts with her father that day and in the days prior. The letter from Committee Chair Bennie Thompson (D-MS) makes clear that the Committee already has a great deal of information. It will be tricky for Trump's daughter, who served as a White House advisor, to avoid speaking with them. It will be a crime if she lies to them.

• But that's not all. After New York State Attorney General Letitia James detailed evidence of years of bank, insurance and tax fraud by the Trump family this week, on Thursday, Trump's bad week became still worse. Fulton County (Atlanta) District Attorney Fani Willis asked a state Superior Court Chief Judge today to impanel a special grand jury in her nearly year-long probe of the apparent criminal conspiracy by Trump and many others (including WH Chief of Staff Mark Meadows, Sen. Lindsey Graham, Rudy Giuliani and more) to harangue, harass and threaten state election officials into reversing results of the Peach State's 2020 Presidential election, won by Joe Biden, in favor of Trump. Willis has said she will decide in the first part of this year whether or not criminal indictments are warranted for "potential violations of Georgia law prohibiting the solicitation of election fraud, the making of false statements to state and local government bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.” Uh, oh.

• Finally, Desi Doyen joins us for our latest Green News Report, covering the likelihood that Biden's Build Back Better bill, also blocked by Joe Manchin, will now have to be broken up into smaller chunks; the devastating volcano and tsunami disasters in Tonga; smashed heat records in the Southern Hemisphere; and Exxon's new ploy to pretend they give a damn about climate change...

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Joe Biden is now one year in. Donald Trump is now one year out. Have the media figured out how to properly cover either or both of them? We discuss on today's BradCast. [Audio link to full show is posted below this summary.]

But first, Trump's troubles are getting worse by the day hour. It's been a bad 24 hours for the disgraced, twice-impeached, one-term former President. But that's usually good news for America!

As we literally begin today's program, news breaks that the U.S. Supreme Court is allowing the National Archive to turn over hundreds of pages of Trump White House documents to the bipartisan U.S. House Committee investigating the January 6, 2021 attack on the Capitol and Trump's attempt to steal the 2020 Presidential election.

That bad news for Trump (and good news for everyone else) follows last night's bad news for him (and good news for us) out of a New York state courtroom. NY Attorney General Letitia James has been investigating years of apparent bank, insurance and tax fraud by Trump, the Trump Organization, and Trump's children for years. She recently subpoenaed Trump and his kids Ivanka and Don Jr. to sit for depositions in her civil probe. (She is also working with the Manhattan D.A.'s long-running criminal probe into related matters.) Trump and the kids sued to quash the subpoena and, late on Tuesday night, James' office filed documents in response, detailing what she describes in the court papers as "significant additional evidence indicating that the Trump Organization used fraudulent or misleading asset valuations to obtain a host of economic benefits, including loans, insurance coverage, and tax deductions.”

We discuss some of that "significant additional evidence" today, along with the additional news that when Eric Trump, back in 2020, failed to quash his own subpoena, he subsequently "then invoked his Fifth Amendment right against self-incrimination in response to more than 500 questions over six hours.” That's his right, of course. But back in 2016, while running for President, Trump described pleading the Fifth as "disgraceful". "The mob takes the Fifth," he said at the time. "If you're innocent, why are you taking the Fifth Amendment?" We'll see if he, Ivanka and Don Jr., soon join his "disgraceful" son Eric in doing the same, along with the Trump Organization's "disgraceful" Chief Financial Officer Allen Weisselberg, who's already been criminally charged with fraud in Manhattan after also pleading the Fifth more than 500 times as well during his own deposition with James.

And then there's the new guy in the White House, who doesn't seem to be criminal or a liar or a fraudster at all. Today marked the end of Joe Biden's first year in office. It's been a rocky one at times, but also extraordinary successful on a number of legislative and economic issues.

We're joined today by ERIC BOEHLERT, longtime media analyst and publisher of the Press Run newsletter, to discuss media coverage of Biden at the one year mark, and how it compares to coverage of Trump's first --- and subsequent --- years in office.

While Biden's approval numbers have been flagging in recent months --- Gallup pegs his one year average at just under 49% --- they are still above Trump's during his entire Presidency. Nonetheless, we saw little from the media declaring Trump's Presidency was over or a failure at the end of his first year, by way of contrast with what we see from the media now, despite several remarkable successes for Biden over the last 365 days.

"It's very similar to Obama," Boehlert asserts. "If you go back and looked at his first year, first term, 'Oh his coalitions are falling apart!' Lots of doomsday coverage for Obama that turned out to be nonsense." He later adds, "Good luck going back and finding stories about whether the Trump Presidency was failed, 'How does he reset?,'" after his first year. "There was an acceptance that Trump was going to poll in the thirties, and the press just went on from there. In terms of how the coverage differs from Biden and Trump, I think that's the key one there."

Suffice to say, the difference in coverage of each President, as Boehlert details, is stark. And not in a good way. Among the other related issues discussed, above and beyond media coverage of the two Presidents: Has the media come to fully understand, much less appreciate, the unprecedented nature of this tenuous moment for American democracy itself?

"We have two sides," Boehlert explains. "A center-left Democrat doing his best, and we have a Republican Party that wants to destroy free and fair elections in America. So if you're the press, don't play that down the middle. Don't pretend those are similar choices."

"When Trump was inaugurated, the press didn't change how it covered Trump," he observes. "You would read the coverage and think Jeb Bush was President, you would think John McCain was President. You would think this is center-right, normal, traditional....not this madman narcissist. I think with the Biden era, they just want to play this game --- 'His polling is down! We've found some Democrats who are critical of him!' These aren't the times for the norm. The Trump years weren't the time for the norm. And we're not seeing drastic change." And that failure by our corporate media is not a good sign for the nation. Or the planet.

Finally today, it appears that Fox "News" is not satisfied by simply rewriting reality in the present. They are now attempting to rewrite history itself, it seems, as far as who actually killed Abraham Lincoln. Seriously. In the bargain, a Lincoln assassination expert's response to an invitation to appear on Fox Nation (the propaganda streaming service companion to the propaganda cable news channel) to discuss it, is one for the ages!...

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On today's BradCast: The ongoing GOP effort to undermine American democracy by making it harder to vote and easier to cheat in elections continues amid the fallout from Trump's attempt to steal the 2020 election. While you might think Republicans would pay a price for joining him in that effort, its Democrats --- and voters in general and American democracy itself --- paying the price, even as the Big Lie continues to fall further apart with each passing day. [Audio link to full show follows this summary.]

As you know, Republicans have been using false claims of massive (and, apparently, evidence-free) "voter fraud" in the 2020 election as a pretext to adopt new voter suppression and election subversion laws in GOP controlled states. The fruits of those corrupt efforts are already paying off. In Texas, for example, County Clerks across the state are reporting that the state's new anti-voting law, S.B.1, is forcing them to reject hundreds of legitimate absent ballot applications in one of the most difficult states in the nation to vote by mail already.

New I.D. requirements for ballot applications have resulted in rejections of nearly half of the absentee applications in Travis County, home to the state's capital of Austin. Worse, the state's Secretary of State has yet to issue rules for how County Clerks may legally notify or help the rejected voters to cure their applications in advance of the state's March mid-term primaries. (The application deadline is Feb. 18.)

Many of the rejected applications are from voters that have been voting by mail for years. But the new state law now requires applicants to include either a drivers license number or state I.D. number or the last four digits of their Social Security number on the application. While some don't notice the new requirement and are rejected on that basis, others do include one of those numbers, but are still being rejected! Why? As Democrats had warned when trying to block the bill, the TX law now requires that whichever number a voter uses on their application must match the number on their voter registration form, many of them completed years ago. If the voter includes a drivers license number on their application, for example, but their registration includes a State I.D. number instead --- or no number at all (as is the case with millions of voter registrations in the Lone Star State) --- their applications must now be rejected. Mission accomplished?

Meanwhile, the GOP's Big "voter fraud" Lie continues to fall apart in Arizona, where Joe Biden has been confirmed many times over to have lawfully defeated Trump in 2020. On Friday, in the second largest county in the state, Pima (home to Tucson), the Pima County Attorney's Office determined that, of the 151 cases referred to them as possible cases of voter fraud after 2020, ZERO actually merited criminal charges. There remain a handful of possible fraud cases elsewhere in a the state (less than 50). But, of course, if all known cases of possible fraud in Arizona turned out to be actual fraud and all of those votes were somehow in favor of Biden, there still wouldn't be nearly enough fraudulent ballots to reverse his 10,000+ vote victory out of about 3.2 million ballots cast in the state. Nonetheless, in AZ as well, Republicans are using their lies about "voter fraud" to make it harder to vote and easier for them to cheat in elections.

But the biggest story on today's BradCast involves gerrymandering, perhaps the most critical reason our federal government and our democracy has become so seemingly irreparably broken. Democrats in the U.S. Senate this week have combined the combined Freedom to Vote Act (which, among many other critical election reforms, makes partisan gerrymandering unlawful in all 50 states) and the John Lewis Voting Rights Advancement Act (which restores the requirement for federal pre-clearance of new election laws in states with a history of racial discrimination in elections after SCOTUS gutted the landmark provision) into one single bill called the Freedom to Vote: John R. Lewis Act. All 50 Democrats in the majority claim to support the newly combined bill. Zero Republicans do. But unless two Democratic Senators (Sinema and Manchin) agree to modify the Senate filibuster rule to allow democracy-saving legislation to be adopted with a simple majority vote, none of it will become law and the GOP efforts to game elections will be largely free and clear through 2022.

For several years, experts have been warning that, following the 2020 Census, the new round of redistricting was going to be very bad for Democrats in GOP-controlled states. That, after the U.S. Supreme Court gutted the Voting Rights Act in 2013 and later declared that federal courts may have no say at all on the issue of partisan gerrymandering, But, with about half of the new maps now redrawn by states in advance of the 2022 mid-terms (with several being challenged in state courts), are they as bad as many pundits had foretold?

A number of redistricting experts of late have suggested that the new maps aren't nearly as bad for Dems as they might have been. But is that true? We're joined today by Brennan Center's Senior Counsel for its Democracy Program, MICHAEL LI, who serves as the non-partisan organization's redistricting expert.

Last week, in an op-ed for Washington Post, Li describes the notion that gerrymandering hasn't been too bad for Democrats this year as a "misleading narrative" for a host of reasons. Experts, he notes, had predicted a bunch of safe Democratic seats would be remapped into Republican districts. "They expected Democratic seats to fall," Li explains. "But instead, what Republicans are doing is shoring up the disproportionate advantages they already hold" following the extreme partisan gerrymanders from 2011.

"In Texas, under the old maps, Democrats have 36% of the seats. Under the new maps they have 37% of the seats, so very little change," he tells me by way of just one example. "But the competition is gone. So whereas under the old maps there were competitive districts, under the new maps, even if Democrats got 58% of the vote [across the state], they would still have the same 37% of the seats, which hardly seems fair. Even if Texas turned deep blue, Republicans would have almost a 2-to-1 advantage. That's the perniciousness of the state's gerrymander."

There are other examples, in North Carolina for instance, where the maps are currently being challenged in state courts. We also discuss how the Supreme Court's unwillingness to hear partisan gerrymandering cases has affected all of this and whether or not the Court will similarly begin to turn away racial gerrymander cases as well in the not too distant future.

Li goes on to explain why the Freedom to Vote: John R. Lewis Act --- if Republicans or Manchinema were to allow it to be passed into law --- "would be a game-changer" on this issue. It "would transform redistricting. There would be a ban against partisan gerrymandering in Congressional redistricting. It would be easy to calculate and figure out whether a map violates that and, if a map does, then it's blocked from use pretty automatically, perhaps even in time for 2022 if Congress were to pass it soon."

But, alas, unless there are some surprises in the Senate this week, the bill is unlikely to pass anytime soon. So, what's left? Should Democratic-controlled states, in order to save democracy itself before the 2024 elections, gerrymander their own maps as aggressively as Republicans have? As much as it pains me to do so, I have previously argued that they should. Does Li agree? Tune in to find out!

Finally, before we go, the mid-show breaking news that Rudy Giuliani and a number of others who were very close to the disgraced former President as he was attempting to steal the 2020 election have now been subpoenaed by the House Select Committee investigating the January 6th attack on the U.S. Capitol...

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We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

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