Today's BradCast is dedicated to the good people (and not the bad ones) of the great state of Georgia. The entire program, in one way or another, is devoted to the Peach State and the real patriots who live there --- as opposed to the fake ones who describe themselves as part of the so-called "Patriot Movement" while dedicating themselves to actually undermining democracy. [Audio link to full show follows this brief summary.]

I'm gonna try to keep this short today, because you've got plenty to both listen to on today's show and read in a BRAD BLOG investigative exclusive published on Tuesday.

FIRST UP, actual patriots, Shaye Moss and her mother Ruby Freeman --- the Atlanta election workers who Rudy Giuliani and Donald Trump despicably and falsely declared to have committed fraud in 2020, as they bravely worked unspeakable hours in a pandemic to help safely carry out the election --- were fully cleared of any and all wrong doing. That, according to a long-overdue report issued Tuesday by the state's Board of Elections (BOE), Bureau of Investigations (GBI), the FBI and GA Sec. of State Brad Raffensperger. The pair's defamation lawsuit, however, against Giuliani continues. We hope it is successful. They deserve it.

THEN, we're joined by journalist DOUGLAS LUCAS to discuss his detailed investigative report today headlined: "A Secret Meeting Within a Secret Meeting: Unspooling the Coffee County, Georgia Voting System Breach and Continuing Cover-Up."

Lucas takes a deep dive into the bizarre and continuing machinations by the local County Board of Elections and County Commissioners in Coffee County to continue the cover-up of what actually happened when a group of Sidney Powell funded and organized MAGA conspirators breached the local Elections and Registration building in January of 2021 to make unlawful copies of the sensitive and proprietary software on the state's new and wildly vulnerable Dominion Voting Systems computers.

The intruders, as we have learned, were invited in to the elections office by Coffee's then Election Supervisor, Misty Hampton, with the help of several local GOP officials in the right-leaning rural County. The breach began the day after the Trump-incited January 6, 2021 insurrection at the U.S. Capitol, though was hatched in Trump's Oval Office in December of 2020. There has been a wild effort to hide the truth of what really went on there, how it came about, the threat it now poses to next year's Presidential election in the critical battleground state and in more than a dozen other states where the same Dominion systems are now used.

Lucas' report involves lies and cover-ups by local officials, members of a major national law firm that represents the County, and even from Sec. of State Raffensperger who appears to want to make the entire matter simply disappear. The still ongoing tale also includes a bizarre cameo appearance from MyPillow CEO Mike Lindell, who, for some reason, landed his plane at the tiny airport in Coffee County for a few hours late one night, after a long and circuitous trip from Mar-a-Lago to D.C. and back down to Douglas, Georgia the night before the local Election Supervisor was to resign (or be fired) in February of 2021, the month following the breach.

With nobody yet held to account, County officials are still obfuscating and refusing to answer questions about secret meetings in Coffee the day after Lindell's brief visit, but Lucas breaks a few key nuggets of the story to help crack the wall of silence, with confirmation from local officials who are finally beginning to talk. At least a little.

"Raffensperger should be the bulldog on this," he tells me today. "The best you could say is that he is slow-rolling this, which is not a legitimate thing to do when we're talking software for elections, including the 2024 general elections and Presidential election...He should absolutely be pursuing this harder than he has." But Lucas is being more generous to the SoS than evidence suggests he deserves. An investigator from Raff's office was actually caught on surveillance footage walking in during the MAGA breach. Yet, we are still waiting for Raffensperger to take any real action about whatever happened --- and is still happening --- in Coffee County.

Fulton County D.A. Fani Willis is believed to be investigating some of the players in this story. But, with her hands more than full, there is much more that she has yet to show any sign of probing. That's where we come in with today's report, along with help from some of the local residents of Coffee who now find themselves in a battle for the very soul of their beloved county.

Tune in for the full story on today's show and see Lucas' deep-dive at BradBlog.com today for all the details!...

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We have been reporting for at least two years now on the analysis by the plaintiffs' expert in a Georgia voting system lawsuit said to reveal vulnerabilities so alarming that the U.S. District Court judge overseeing the federal case actually sealed the report, even from the plaintiffs themselves! On today's BradCast, that report is finally unsealed. [Audio link to full show follows below this summary.]

But, first up, just a quick reminder of what some folks on the right seem willing to do to try and game elections anyway they can possibly think of, even if it involves the Republican candidate for Secretary of State in Michigan using nonsense claims to sue to prevent voters in the state's largest city (Detroit) from being allowed to vote by mail. That's what Trump-endorsed SoS candidate Kristina Karamo did last year, before losing to the incumbent Sec. of State Jocelyn Benson by nearly 15 points. After losing, the conspiracy theorist Karamo "failed up" to be elected as GOP state chair. And, this week, she and several top state Republican lawyers and candidates were sanctioned for more than $58,000 for their wildly frivolous attempt to use the state courts to steal the 2022 election.

Meanwhile, some of us actual election integrity advocates continue to fight for actual election integrity that doesn't prevent any legal voter from casting a vote, and that attempts to make sure that all of those votes are known to have been counted as per every voter's intent.

Which brings us back to Georgia once again today, and the lawsuit that we have been covering for years now. In 2019 it resulted in a federal judge banning the state's 20-year old Diebold touchscreens after finding them to be (as we'd long argued), insecure and unverifiable. Shamefully, the state's Republican Sec. of State Brad Raffensperger defied the no-uncertain-terms advice from the nation's top voting system and cybersecurity experts and replaced them with new unverifiable touchscreen systems in 2020, rather than a simple, inexpensive, verifiable hand-marked paper ballot systems. Instead, Raffensperger purchased a $150 million touchscreen system made by Dominion with many of the very same vulnerabilities as the state's old Diebold touchscreens.

Frequent BradCast guest, Marilyn Marks of Coalition for Good Governance, a plaintiff in the case that succeeded in banning the old Diebold systems, expanded the suit to challenge Raffensperger's new Dominion systems, seeking to ban them as well (other than for disabled voters who wish to use them) in favor of hand-marked paper ballots. The expert for plaintiffs in the so-called Curling case, Dr. J. Alex Halderman of the University of Michigan, was then allowed to examine the new Dominion touchscreen Ballot Marking Device (BMD) systems. His report, however, finding multiple vulnerabilities was said to be so damning that it was sealed by U.S. District Judge Amy Totenberg and kept from both plaintiffs and the public for the past two years.

The U.S. Cybersecurity and Infrastructure Security Agency (CISA) --- which oversees the nation's critical infrastructure, including computerized voting and tabulation systems --- was allowed to review Halderman's sealed report last year. They were so alarmed they issued an advisory citing “vulnerabilities...that should be mitigated as soon as possible.” And yet, as we reported exclusively on The BradCast last month, even though Dominion has now completed and certified the necessary upgrades, Raffensperger's office has told Judge Totenberg that they plan to wait until 2025 --- after the critical 2024 Presidential election in the battleground state --- to install the security enhancements on the state's 35,000 voting machines and more than 35,000 printers, scanners, and election management computers that support them.

All of that is made even more alarming by the fact that the day after the January 6th 2021 insurrection at the U.S. Capitol --- as we have also been reporting on in detail over the past year --- a group of MAGA folks, organized by Trump attorney Sidney Powell, were allowed by members of Georgia's Republican Party and the Coffee County Board of Elections to breach the Dominion voting systems in the small rural county to make unlawful copies of the system software before distributing it over the Internet. It was part of a multi-state scheme that we now know to have been hatched in Trump's Oval Office in December of 2020. The matter is believed to be under investigation as part of the broad conspiracy probe by Fulton County D.A. Fani Willis into Trump's efforts to steal the state's election in 2020. But, in the meantime, the Coffee County breach has allowed these lawless rightwingers to find and potentially plan to exploit all of the vulnerabilities that Halderman discovered and lawfully documented two years ago.

These same flawed Dominion systems are also now used in more than a dozen states, though only Georgia mandates that every county use the same system and requires that every voter at every polling place cast their vote on one of these terrible, unverifiable touchscreens.

Which brings us to today's very big news. The U.S. District Judge overseeing the Curling case has finally allowed Halderman's report to be unsealed! It is now posted here along with a simplified, summarized analysis of his own report that he has now published here. The Coalition for Good Governance's press release and additional context on the unsealing is here. (They all take care to note that Halderman's report neither alleges nor supports any claims of election fraud in the 2020 election.)

Among just some of the report's disturbing findings, according to Halderman today: "We discovered vulnerabilities in nearly every part of the system ... The most critical problem we found is [a] vulnerability that can be exploited to spread malware from a county's central election management system to every BMD [touchscreen Ballot Marking Device] in the jurisdiction. This makes it possible to attack the BMDs at scale, over a wide area, without needing physical access to any of them."

He adds, "Our report explains how attackers could exploit the flaws we found to change votes or potentially even affect election outcomes in Georgia."

One vulnerability allows an attacker to simply place a USB drive into a slot to install malicious code that could modify the election definition file to change election results. Another allows voters to print as many ballots as they like. Another allows malware to change both QRCodes printed on the ballots, which are used by the system to tally votes, and to even change the text of the printed ballots themselves.

We're joined today to discuss all of this by longtime cybersecurity and voting system expert RICHARD DEMILLO, professor at the Georgia Institute of Technology, where he recently founded Georgia Tech's new School of Cybersecurity and Privacy. He formerly served as Chief Technology Officer at Hewlett-Packard, in a leadership position at the National Science Foundation, and on the board of the Verified Voting Foundation. He has also advised plaintiffs in the Curling case.

"What we learned," from Halderman's report, he tells me today, "is that these voting machines are approximately like every other computer that we have in our daily lives. They don't work all the time, they're subject to being hacked, they get misconfigured easily, they get lost, they get stolen, sometimes people use them for illegal activities. And all the assurances that we have from voting machine companies and Secretaries of State --- about how well these machines are curated, vetted and tested --- is what experts have known all along as just a bunch of crap."

"The level of naivete, I think, involved in managing this technology is mind-boggling," DeMillo argues, citing Raffensperger's resistance to hardening the systems --- or, better yet, moving to hand-marked paper ballots --- "as a personal affront to his abilities."

"The headline here is that the things that you worry about --- and, kind of embarrassingly, the things that the election deniers are setting their hair on fire about --- is pretty close to what the vulnerability is. With modest capabilities, someone who had resources could attack, in the case of Georgia on a statewide basis, and install malware that could change votes."

"The Sec. of State's office in Georgia is tied emotionally to this idea of Ballot Marking Devices," says DeMillo. "You would think that saner minds would prevail and they would step back and say 'Why don't we move to a technology that is safer? We know how to manage the risk that is hand-marked paper ballots.' Which, by the way, 70% of Americans use to cast their votes anyway."

So, will unsealing Halderman's report make the system more vulnerable or less so? That, and much more, is part of today's must-listen conversation with DeMillo...

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With their policy positions wildly unpopular among Americans, is it any wonder that Republicans are now doing little more than lying about their beliefs, crashing the economy, using the government to funnel money to wealthy campaign donors, and otherwise adopting laws, where ever they still can, to prevent non-Republicans from winning elections? And those are their non-violent strategies, as detailed on today's BradCast. [Audio link to full show is posted below this summary.]

Among our many stories today...

• A 19-year old from Missouri, apparently with a Nazi flag in his rented truck, is charged with "threatening to kill, kidnap or inflict harm on a president, vice president or member of their family; assault with a dangerous weapon; reckless driving; destruction of federal property; and trespassing," after attempting to ram the truck into Lafayette Square across the street from the White House on Monday night. MAGA Republicans online seem to think the Nazi flag was an FBI setup to make them look bad. They may not have thought through that argument very well.

• TAP's Ryan Cooper details the evidence that makes it plain as day that Congressional Republicans couldn't care less about the national debt or budget deficits in their pretend case against raising the statutory (and, almost certainly unconstitutional) Debt Ceiling law. If they actually cared about the debt or deficits, they wouldn't oppose raising revenue, among other things. But House Speaker Kevin McCarthy's fight, on behalf of his party, is not about debt. It is about using terrorism to crash the economy in hopes of hurting Democrats before the next election. They've been pulling this trick for years now. Perhaps Democrats should stop falling for it?

• According to separate reports from WaPo and NYT last night, Special Counsel Jack Smith has subpoenaed information from the Trump Organization on its business dealings with China, France, Turkey, Saudi Arabia, Kuwait, the United Arab Emirates and Oman since 2017, as part of his probe of the documents, many of them highly classified, that Donald Trump stole from the White House upon leaving office. Now why would Smith want to do that?

• Trump appeared remotely in New York court today to be instructed by the judge overseeing his 34 felony count indictment in the Stormy Daniels hush-money case, that he may not share certain evidence from prosecutors over social media. He may not even view some of it without his lawyers present. A date was also set for the beginning of his trial, on March 25, 2024, smack-dab in the middle of next year's Presidential primary season. Should be fun.

• In a somewhat more immediate Trump Criminal Accountability Calendar Item, Fulton County, Georgia District Attorney Fani Willis has now informed Fulton's Chief Judge that, other than leadership and "armed investigators", the bulk of her staff will be working remotely from July 31 though August 18. That syncs up with dates that Willis previously suggested indictments were likely to be brought in her office's investigation "into possible criminal interference in the administration of Georgia’s 2020 general election". She requested that "judges not schedule trials and in person hearings during the weeks beginning Monday, August 7 and Monday, August 14." So, yeah...mark your calendars. It may get hotter than usual in Atlanta this summer.

• We would have covered the above story sooner, but it came out as I was being deposed last week in a lawsuit [PDF] filed by the Coalition for Good Governance against Georgia's SB202 voter suppression law. I am a named plaintiff in the case, representing media, regarding provisions of this terrible bill that unconstitutionally chill and/or otherwise dangerously prevent press freedoms and public oversight of elections in the Peach State. While my three-hour depo last week went very well, I believe, I'll hold more specific thoughts for later, as other plaintiffs in the case are still going through their own depositions. But, another provision being challenged by CGG in this terrible bill --- best known for blocking the distribution of food or water to voters waiting in line to vote --- is a scheme that allows the State to replace entire, elected, local Boards of Elections with a single appointee of the Secretary of State's choosing. That wildly undemocratic provision, supported by GA's Republican Sec. of State, Brad Raffensperger, is now being echoed in...

• ...Texas! Lawmakers in the Lone Star State on Tuesday were voting on two bills that will allow local election officials to be replaced by someone chosen by the Republican Governor's hand-picked Secretary of State, and otherwise make it easier to interfere with local elections. However, these provisions only apply to Counties in Texas with more than 3.5 million voters. As it turns out, the only such county in the state that meets that requirement is Houston's Harris County, a now reliably "blue" part of a "red" state turning more "purple" by the year. If ya can't beat 'em...commandeer their elections and right to vote.

• Finally, Desi Doyen joins us for news on a massive cyclone now aiming directly for the U.S. territory of Guam after spinning up from almost nothing overnight to a catastrophic category 4 Super Typhoon today. That, followed by our latest Green News Report, with important news in the war over water in the drought-stricken U.S. west, and some great news about sweeping, landmark environmental and climate legislation being adopted by Minnesota, now that Dems have taken control of both chambers of the state legislature and its governor's mansion...

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It will be a landmark moment for election transparency in Arizona, argues the man who has championed the bill for years, as discussed on today's BradCast. Along the way, the longtime, dyed-in-the-wool progressive and non-partisan election transparency advocate has brought key allies on board, including the state's former Republican Secretary of State and its current Democratic Secretary of State. The big question, now that the bill has passed out of the legislature: Will the state's Democratic Governor sign the bill into law? [Audio link to full show follows this summary.]

John Brakey, of the non-partisan election integrity group AUDIT USA in Tucson, has been a guest on this program many times over the years. He is, perhaps, most famous for revealing that the silly CyberNinjas carrying out a so-called audit of the 2020 Presidential election in Maricopa County (Phoenix) in 2021 were searching for bamboo fibers in ballots in hopes of proving China had somehow stolen the election from Donald Trump in the state. (They didn't. The "audit" would prove, in fact, that Joe Biden beat Trump by an even larger margin than originally reported.) After years of reaching out to lawmakers on all sides of the aisle, Brakey's bill to declare digital ballot images as public records available to all was finally adopted by both chambers of the very Republican Arizona state legislature this week.

Sadly, just three Democrats voted in favor of it in the Senate, even though the state party included a call for such a measure in their party platform years ago. But Brakey was finally able to win over enough support to see the bill sent to the Governor's desk this week, with the support of AZ's new Democratic Sec. of State Adrian Fontes and the state's former Republican Sec. of State, now a state Senator and our guest on today's show, KEN BENNETT [pictured above].

Bennett and Brakey worked closely together to oversee the 2020 audit in Maricopa as Bennett served as a liaison to the state Senate.

For those unaware, digital ballot images are created by most scanners that tabulate ballots across the country. They are, essentially, digital photos of the actual paper ballot cast by the voter when it is scanned. The tabulator then uses those images to tally the voter's selections. The newly adopted bill in AZ, HB2560, would make all of those images available to the public almost immediately after elections. If so, anyone would be able, if they wish, to download them, examine and count the ballots to their heart's content.

As Senator Bennett explains today, the bill also mandates the release of the Cast Vote Record (CVR), a spreadsheet version of every ballot cast and the votes on each ballot, allowing the public to match a digital ballot image to its corresponding row in the CVR to make sure the computer tabulators tallied it as cast by the voter.

In addition to the release of those two sets of records, HB2560 also mandates that a list of all registered voters is made available before the election (those are already public records), and a list of those who voted in the election, greatly increasing transparency and critical public oversight of elections.

"Most of the allegations of impropriety or fraud that I and John Brakey and others have had to deal with over the months and years have to do with three major categories," Bennett tells me today. "One: are there unauthorized voters being allowed to vote in the system?" He says that's what the two voter lists will be able to tell us. "Another general aspect of criticism of the elections --- when certain people lose --- is, 'There had to have been unauthorized ballots injected into the system in favor of someone else.' That's addressed by the fact that there should be one ballot image --- no more, no less --- for everyone who voted. If the ballot images can be shown to match the exact number of voters who voted, then that goes away immediately."

"The third general accusation about stolen or fraudulent elections is that there are either mistakes or intentional manipulation of the machines, or something to transfer votes from one person to another. That is addressed by the Cast Vote Record being comparable to each or every ballot image to make sure they were, in fact, added up correctly."

While hand-counting the original article (as opposed to a digital photo of it), may still, ultimately, be the Gold Standard for democracy, this scheme gets us darn close in many ways. And, arguably, it may be even better in some aspects, in that it allows each and every individual in the state to count the ballots for themself if they wish --- at no cost! Brakey hopes to see a similar regime in every state in the country.

Bennett explains why he believes most Dems in the state legislature opposed HB2560, even though Sec. Fontes spoke passionately in favor of the bill during a legislative hearing earlier this year and, as Bennett notes, "this concept was part of the Arizona State Democrat Party state platform in 2012, no less."

"This is not a Republican idea or a Democrat idea," Bennett contends. "This is an election integrity idea that is supported by Republicans, Democrats and Independents." He is disappointed more Dems did not come on board, but offers an explanation for that on today's show, suggesting it was for political reasons, "rather than the legitimacy of the bill itself."

In fact, Jenny Guzman, Program Director at Common Cause of Arizona, has been whipping against the bill in misleading op-eds and emails to members, derisively referring to it as "the Voter Privacy Violation Act" and falsely claiming it will reveal how voters voted. (We reached out to her for an explanation of her somewhat bizarre critique some time ago, but received no response. A very good rebuttal to her claims is posted here.) While Brakey, Bennett and Fontes worked in a bipartisan fashion to modify the bill to answer to any and all concerns, Guzman has continued to mislead the public about it. Bennett politely described "a couple of her critical claims" as "just not true."

"Voting is a sacred and secret process," argues Bennett. "Once we have disassociated the ballots from any particular voter, the counting of our ballots needs to be a very public process, and it needs to be verifiable by the public." He argues this system will help prevent false claims by election deniers like Kari Lake, 2022's failed GOP candidate for Governor. "When that visual proof is verifiable --- by candidates, by regular citizens, by the media, by universities, by election scrutineers like John Brakey's AUDIT USA group down in Tucson --- all of that can and will be verified."

So, will the state's Democratic Governor Katie Hobbs now sign the bill into law? That is unknown, though Bennett believes "we've got a good chance" given her familiarity with the systems and issues at hand as the state's previous Secretary of State before becoming Governor this year. We'll find out within days. Bennett urges voters, both in AZ and elsewhere, to contact the Governor and let her know your feelings about HB2560 to Engage@AZ.gov or via the Governor's website.

ALSO ON TODAY'S SHOW: While HB2560 is an excellent election bill adopted by a far-right leaning state legislature in AZ, I've got a few thoughts on a terrible election bill, Georgia's SB202 voter suppression bill, adopted by the far-right legislature in the Peach State. (I am serving as a named plaintiff representing media in a lawsuit filed against the bill by the Coalition for Good Governance). And Desi Doyen joins us for our latest Green News Report...

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UPDATE 5/22/23: Arizona's Democratic Governor Katie Hobbs has vetoed HB2560. Details now here...

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There was far too much news to fit into one BradCast today. We tried to do it anyway. [Audio link to full show follows below this summary.]

Among our many stories...

• It was difficult to notice this week, but there was yet another very good election day on Tuesday for non-Rightwingers, including more bad news for MAGA World in several local contests around the country. In Lincoln, Nebraska, incumbent Mayor Leirion Gaylor Baird, supported by Democrats, defeated a well-funded opponent supported by the state's billionaire Republican U.S. Senator (and former Governor) Pete Ricketts and fellow billionaire publisher Thomas Peed. Gaylor Baird won by nearly 10 points. Apparently, ads describing Lincoln, the state capital, as a dystopian hellhole did not go over well with voters...in Lincoln.

• A MAGA election conspiracist and local elections clerk named Stephanie Scott (pictured above), was tossed out of her job in a rare recall election on Tuesday in Adams Township, Michigan in Hillsdale County, one of the state's most Republican-leaning areas. Scott is under state criminal investigation after refusing to turn over her town's computer vote tabulator in 2021, which she believed held evidence of fraud revealing Democrats had stolen the state's Presidential election in 2020. That, in a town that Trump/Pence won with 75% of the vote that year. (If the story sounds familiar, see Tina Peters, former Mesa County, Colorado Clerk, who has since been tossed out of her job and indicted on 10 counts.) This appears to be part of the multi-state MAGA conspiracy to breach voting systems, hatched at the Trump White House in December 2020, as we detailed again last week. Scott was defeated by a 2 to 1 margin on Tuesday by an independent challenger running on the slogan "Make Adams Township Boring Again".

• But, if ya can't beat 'em, suppress their vote! That seems to be the Republican plan for "winning" elections from here on out, apparently. After losing statewide ballot initiatives that would have restricted abortion rights last year, including in so-called "red" states like Kansas and Kentucky, the GOP is now hoping to game the ballot initiative process itself in several states. The most immediate and noteworthy is Ohio, where supporters of reproductive freedom hope to place an initiative on the ballot in November to establish a state Constitutional right to abortion. But Republicans, who just four months ago adopted a statute ending costly August elections, are now moving to place an amendment on the ballot in a $20 million Special Election in August that would raise the requirement for adoption of Constitutional Amendments from a simple majority vote to a required 60% for passage. (Ironically, the GOP lawmakers own Amendment, if voted on in August, would only require 50% to be adopted.) Other gerrymandered GOP states are now attempted to do the same thing, including Missouri, where Republican lawmakers there are doing something arguably even more insidious in their own attempt to fool voters into supporting their anti-democracy measure.

• And then there's Florida, where democracy goes to die. The state legislature has just passed a one of their final gifts to beleaguered Presidential hopeful Ron DeSantis: a 96-page law that will, among other things, severely restrict voter registration by nonpartisan third-party organizations. As recent research finds, Black and Latino voters are more than five times more likely to be registered by third-party groups than White voters. DeSantis is expected to sign the legislation soon as one of his last official acts before declaring his 2024 candidacy. It will be the third year in a row that Sunshine State Republicans have adopted new voting restrictions.

• A D.C. jury on Thursday convicted four members of the far-right, racist militia group, Proud Boys, of seditious conspiracy, obstructing an official proceeding, conspiring to impede Congress from performing its duties, obstructing law enforcement and other federal crimes related to their participation in Donald Trump's Jan. 6, 2021 insurrection at the U.S. Capitol. The charges for conspiracy and obstruction of an official proceeding both carry sentences of up to 20 years in prison. Their former leader, like Donald Trump, was not even at the Capitol during the riot, but was among those found guilty. All of that good news is likely very bad news for the former President and the specific federal charges likely to soon be brought against him.

• In still more bad news for Trump today, his lawsuit against the New York Times and several of their reporters, charging an "insidious plot" to obtain his tax records resulting in Pulitzer Prize-winning reporting by the paper, was tossed out by a New York judge on Wednesday. Moreover, the judge --- finding Trump's claims "fail as a matter of constitutional law" and that the paper's newsgathering efforts were "the very core of protected First Amendment activity" --- ordered Trump to pay all of the attorneys fees, legal expenses and other associated costs for the Times and their reporters.

• ProPublica strikes again. First they revealed that GOP megadonor Harlan Crow showered U.S. Supreme Court Justice Clarence Thomas for decades with hundreds of thousands of dollars in luxury vacations which he unlawfully failed to disclose. Then they reported that Crow had actually purchased Thomas' mother's house from him, made nearly $40,000 worth of improvements to it, and has allowed the corrupt Justices mom in it, rent-free, ever since. None of that was ever disclosed by Thomas either, in violation of the law. And now, on Wednesday, they did it again. Their latest bombshell scoop documents how Crow's company paid for years of tuition to private schools for Thomas' grandnephew who the nation's longest serving Justice says he raised "as a son" since taking legal custody at the age of 6. The tuition for the boy, now in his 30s, amounted to approximately $100,000. Congressional Republicans continue to applaud the unspeakably corrupt Thomas.

• Finally, as you haven't had enough already today, Desi Doyen joins us for our latest Green News Report to detail the unprecedented heat wave in Spain, as Italy's rivers dry up; the EU's passage of "the biggest climate protection law of all time"; and New York's adoption of a landmark law banning natural gas hookups in new building construction...

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It's another red alert day on The BradCast today, regarding the precedent crushing plans of our stolen, corrupted and packed Rightwing U.S. Supreme Court majority. They've got two different plans, in fact, for two different ways to overturn decades, if not centuries of critical precedent on federal elections and the power of federal agencies. [Audio link to full show follows below this summary.]

FIRST UP, we begin in the state of North Carolina where, last year, a 4 to 3 Democratic majority on the state's Supreme Court found the GOP-majority state legislature had drawn up new legislative and Congressional district maps that constituted unlawful partisan gerrymanders under the state Constitution. The state court ordered fair maps to be drawn up, resulting in the election of a Congressional delegation in 2022 that had 7 Democrats and 7 Republicans in the very closely divided state.

State Republicans, however, challenged the high court's ruling by filing a case named Moore v. Harper with the U.S. Supreme Court, arguing that an obscure clause in the U.S. Constitution allows state legislatures and only state legislatures to create rules and laws for federal elections. Neither state courts nor constitutions can tell them otherwise, they are arguing.

It's a fringe concept known as the Independent State Legislature theory, which has never been blessed by a majority at SCOTUS. But Republicans are hoping the current, corrupted Republican Court will approve the theory, blocking Governors or Secretaries of State or state Supreme Courts or state constitutions or even voters from setting election laws. We have long warned of the dangers of this case for American elections as we know them. Under this theory, if SCOTUS grants its blessing as many fear [raises hand!], state legislatures could even choose Presidential electors no matter how the state's voters may vote. The U.S. Supreme Court heard Moore v. Harper last December, after we'd spent months setting off sirens to try and let you know about what could happen in that case in advance of next year's 2024 Presidential election.

Last November, however, NC voters elected two new Republicans for their state's high court, giving Republicans a 5 to 2 majority. And, last Friday, after rehearing the exact same gerrymandering case in which they had previously ordered new maps, the new Republican court majority reversed the same court's previous ruling, allowing partisan gerrymanders to return in advance of 2024. The likely result will be a House delegation with 10 Republicans and 4 Democrats. That, even though there had been no changes to the law, and no new facts were presented to the newly GOP-led state Supreme Court. (They also reversed a previous ruling that had restored voting rights to some 55,000 former felons, and a ruling that had blocked a photo ID voting restriction that violated the state's Constitution.)

What does this unprecedented reversal at the NC Supreme Court of a month's old ruling mean for the U.S. Supreme Court's pending ruling in Moore v. Harper? We're joined today to discuss exactly that by DAN VICUÑA, national redistricting manager at Common Cause, plaintiffs in a landmark U.S. Supreme Court case challenging an earlier gerrymandered map in North Carolina following the 2010 U.S. Census.

"I think just the blatant hypocrisy, the clear partisanship, is laid so bare it's hard to see how a decision like this stands" in North Carolina, at least over time, argues Vicuña. But, as to what may happen in Moore v. Harper at SCOTUS, and whether the case will be found moot or the Court will go ahead and issue an opinion anyway, Vicuña would rather get a ruling now than in the next term, when a ruling would come in the middle of the 2024 Presidential election.

"We didn't want this case to be heard in the first place, because the Independent State Legislature theory is, quite frankly, ridiculous," he tells me. "It defies logic, defies legal precedent, defies the intent of the framers of the Constitution. But it was heard. We made our case. We think we won very clearly on the law and the facts, and the history. So getting clarity on the facts well in advance of the 2024 election makes a lot of sense. So we're okay with that, and hope it goes our way."

NEXT UP, more disturbing news today out of SCOTUS. The Court announced on Monday they will take up a case next term that challenges the so-called "Chevron Deference", a landmark ruling from a 1984 case (Chevron v. National Resources Defense Council) which established that experts at federal agencies should be given deference when creating rules and regulations meant to enforce federal laws in which Congress may have been ambiguous regarding certain details.

For example, as Desi Doyen joins us to explain today, the Clean Air Act may grant the EPA a mandate to regulate pollution, but it may not specifically mention which pollutants must be regulated, or how many parts per million constitute unlawful pollution. That's left to experts at the EPA to determine through the rule-making procedures. But Republicans wish to dismantle the ability of federal agencies to make any such rules, granting that authority instead to courts (without expertise) and the industry lobbyists who influence them.

Our corrupted, packed and stolen rightwing SCOTUS now appears ready to "dismantle the administrative state" (as Steve Bannon has long been promising) in a ruling next term that could affect the ability of agencies to create federal regulations regarding everything from the climate crisis to health care to immigration and beyond.

Finally, we finish up with some listener email and phone calls to round out another disturbing hour of The BradCast. Enjoy!...

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On today's BradCast: The good news just seems to keep on coming. We'll take it while it lasts! Tuesday brought huge election victories for democracy and progressives in Chicago and Wisconsin! [Audio liNk to full show follows this summary.]

In Chicago, Democratic progressive teacher and union member Brandon Johnson defeated conservative, self-proclaimed "tough on crime" Democrat Paul Vallas to become the new Windy City Mayor in a stunning victory.

But the biggest election of the night, and perhaps of 2023, was the Wisconsin state Supreme Court victory of liberal Milwaukee Judge Janet Protasiewicz over far-right former state Supreme Court Justice Dan Kelly, a Republican activist supported by anti-choice groups who advised his party in their failed attempt to overturn the state's 2020 election. Her victory creates a progressive majority on the high court for the first time in 15 years.

In a closely divided state where elections are traditionally very close, often within 1 or 2 points, Protasiewicz reportedly blew Kelly away by a whopping 11 points as of this afternoon's tally. It was Kelly's second defeat in running for the Supreme Court in as many years.

And it comes not a moment too soon. The Badger State's new, 4 to 3 progressive high court majority will likely face a host of critical issues for both the state and nation in the years ahead, including an 1849 abortion ban which Republicans are hoping to enforce; wildly gerrymandered state and Congressional district maps in one of the most gerrymandered states in the nation; voting rights issues; and hopes by Republicans of trying to steal the 2024 Presidential election.

We're delighted to be joined once again today to discuss all of this good news by Wisconsin's favorite son and progressive journalist, JOHN NICHOLS of The Nation, and co-author, with Bernie Sanders, of the new book, It's Okay to be Angry About Capitalism.

Nichols says Tuesday's mayoral race in Chicago was "one of the most significant election results in the country for urban politics in quite awhile." He describes the previously little-known Johnson as having built a "multi-racial, multi-ethnic, multi-generational rainbow coalition" that propelled him to victory. "He beat the guy that everybody bet was going to be the next mayor of Chicago. Brandon Johnson will take office as a progressive who ran on taxing the rich, reforming the police, and investing money in public education, public health, and public services. A pretty remarkable win."

But the bulk of our time is spent discussing the extraordinary, long-awaited Supreme Court victory in Wisconsin, which, with some $45 million spent on both candidates, clocks in as the most expensive judicial race in U.S. history.

"It was a bitter race. It was an intense race," Nichols tells me in trying to explain Kelly's incredible election night remarks in which he attempted to eviscerate his opponent in one of the most incredible sore-loser "concession" speeches in modern memory. Kelly described the contest as "the most deeply deceitful, dishonorable, despicable campaigns I have ever seen run for the courts," going on to attack Protasiewicz as "a serial liar" who has "demeaned the judiciary."

"It's going to go down in history," Nichols says referring to Kelly's election night outburst. "I've seen bitter concessions. I've seen angry concessions. I have seen refusals to concede. I have never, up until now, seen a concession that literally made people cringe."

We've got a lot to discuss about the new majority on the state's high court; what it means for Wisconsin moving forward; whether Republicans, with a narrow state Senate Special Election victory last night will attempt to impeach Protasiewicz with their newly won, gerrymandered super-majority in the upper chamber; and why Nichols, as he reports at The Nation today, believes this was "the most important election of 2023...for any American who cares about democracy, fair elections, voting rights, and much more."

Despite the good news, however, Nichols reminds us that WI is still a closely divided state, capable of wild swings. "The bottom line is this: Don't take your eyes away from Wisconsin," he advises. "It is a battleground state. This is the state of Robert M. LaFollette, the greatest progressive ever to serve in the U.S. Senate, and of Joe McCarthy, the most reactionary person, I would argue, to serve in the U.S. Senate. Those realities still exist. And this Supreme Court race is a very encouraging result as part of a very encouraging pattern in Wisconsin. But when you take your eyes off the prize, when you aren't paying attention, patterns can shift back."

Finally today, with all of the encouraging news of late, a few reminders that all of this good news at the national level, where Republican policies are wildly unpopular, also means that Rightwingers are embracing violent responses and GOP-controlled states are upping their desperation in hopes of holding on to control by hook and by crook. In many such states, it's not creeping authoritarianism in play, it's actual authoritarianism.

In Tennessee, for example, state Republicans are hoping to expel three Democratic state House members who dared support peaceful protesters calling for gun safety measures following last week's school shooting in Nashville. In Texas, GOP state lawmakers have quietly introduced a bill to allow the Sec. of State to overturn election results in the state's most populous and Democratic-leaning County; and in Florida, authoritarian Gov. Ron DeSantis is deploying Big Government weaponization against those, like the Walt Disney Company, who disagree with his anti-freedom, anti-LGBTQ policies...

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We'll just have to keep saying it on The BradCast: Republicans are pro-murder and anti-democracy. It's just that simple. And we've got too much more evidence of that today. [Audio link to full show follows this summary.]

First up, the fallout continues following Monday's school shooting in Nashville, Tennessee, where three 9-year olds and three adults were killed by an AR-15 wielding shooter at a private Christian elementary school. The U.S. Congressman representing the district where The Covenant School is located is Republican Congressman Andy Ogles.

Last year, Ogles sent out Christmas cards featuring himself, his wife and his children in front of a Christmas tree, proudly posing with their AR-15 style assault rifles. Since the shooting in his district, he has apparently taken down his social media posting of the festive card. A reporter from Sky News confronted him this week to try and learn why he hadn't taken it down previously, after other similar massacres, and why he seems to favor guns and murder over the lives of children and their right to be safe at school.

Jon Stewart, earlier this month, also had a related conversation with a Republican state lawmaker in Oklahoma by the name of Nathan Dahm. The GOP state Senator has authored bills to loosen restrictions on firearms and apparently believes that drag shows that may be seen by children must be banned, because "the government does have a responsibility to protect" them. But, as Stewart points out, Dahm appears to have no similar concerns about protecting kids from being murdered with guns, which is now the leading cause of death for U.S. children and teens.

In a similar vein, Big Government Republicans in Kentucky's legislature today voted to override the veto of Democratic Governor Andy Beshear, to enact a law that will ban health care for trans kids and mandate that doctors begin "detransitioning" children currently on puberty blockers and hormones, despite the alarming rate of suicide by such kids. The bill also bars all discussion of sexual orientation and gender identify in schools for students of any age, as the Nanny State Republican party continues to pretend they favor free speech.

Meanwhile, this is an election year in Virginia, where the entire state legislature comes up for reelection in odd-numbered years and where the commonwealth's 1902 constitutional provision created to prevent black people from voting remains in place. The measure in question allows VA's Governor to decide, on any criteria they may like, whether or not to re-enfranchise former felons.

Under processes enacted first by former Republican Gov. Bob McDonnell and then broadly expanded and automated by subsequent Democratic Governors Terry McCauliffe and Ralph Northam, the voting rights for hundreds of thousands of Virginians were restored. But, since taking office last year, VA's new, so-called "moderate" Republican Gov. Glenn Youngkin has re-enfranchised almost nobody. Moreover, his office has finally informed state lawmakers that he will be using a secret process to personally decide, on a case-by-case basis, who will and won't be allowed to vote.

We're joined today by voting rights, criminalization and justice reporter ALEX BURNESS, staff writer at the progressive Bolts Magazine. He has been reporting on Youngkin's appalling, anti-democracy policy, and how it is harming those who are simply hoping to return to civil society after imprisonment in Virginia.

"We still don't know what the criteria is going to be, but it is clarifying in the sense that the policy is 'I'm going to do whatever I want and, at least for the moment, I'm not going to tell you what that means,'" Burness tells me, adding that the commonwealth's constitution mandates the Governor "literally has the power to make up criteria, based on whether you own a dog or a cat, or anything."

Burness explains why Democrats in the state have yet to pass a constitutional amendment to change this absurd, Jim Crow relic, despite the heartbreaking stories from so many who have served their time and simply want to have their rights as citizens fully restored. "This is one of a million reasons why Virginia's upcoming elections matter. Particularly with what Youngkin has done now, there is some renewed passion by folks to settle this once and for all and not leave it up to the whims of the Governor," says Burness.

The pathetic vote suppression by Youngkin comes on the heels of Minnesota's Democratic Governor signing a law this month to re-enfranchise some 55,000 citizens of voting age who are no longer incarcerated, whether they are on parole or probation or not; New Mexico's Democratic Governor signing a similar law that will restore voting rights to about 11,000 New Mexicans; and a recently advanced measure by Democratic lawmakers in Oregon to allow voting even for those still in prison, akin to the rights afforded to the incarcerated in Maine, Vermont and Washington D.C.

Finally today, more voter suppression is enacted by Arkansas' new Republican Gov. Sarah Huckabee Sanders. Yesterday, we detailed her newly signed law adopted by Republican state lawmakers that will make it much much harder for Democrats to place citizen initiatives on the statewide ballot. (Even though the statute appears to be a violation of the state constitution.) Today, the American Democracy Minute's Brian Beihl details three other new bills recently signed by Huckabee Sanders to make absentee voting much more difficult in the state...

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Ya know, if their ideas were popular, Republicans wouldn't have to work so hard to undermine democracy, would they? An example or three of that on today's BradCast.

Among today's many stories...

• Cowardly Mike Pence's attempt to avoid testifying about Donald Trump's January 6th insurrection to Special Counsel Jack Smith's grand jury is denied by a federal judge.

• Yet another white Republican in Florida is charged with election fraud. Yet again, he was not arrested at gunpoint on camera and hauled to jail like the people of color who Gov. Ron DeSantis ordered rounded up before last year's election, even though they had no idea they had voted unlawfully. The white Republican voter turned himself in to authorities at his own convenience.

• Our corrupt, stolen and packed rightwing U.S. Supreme Court majority has declined to review a ruling by the state Supreme Court in Kansas which found that intentionally discriminating against minority voters was just fine, after state Republicans gerrymandered Kansas City by cutting it into two different Congressional districts in order to dilute the power of black voters.

• In Arkansas, voters have repeatedly made clear through recent rejections of GOP ballot initiatives, that they really really oppose making it more difficult for citizens to put stuff on statewide ballot initiatives and see it adopted by voters. So now, Republicans in the state legislature, giving the finger to voters, have simply passed a new law to make it virtually impossible for Democrats to place measures on the statewide ballot. AR's new democracy-hating Republican Governor, Sarah Huckabee Sanders, happily signed the measure which, on its face, seems to blatantly violate the state's own Constitution. The League of Women Voters of Arkansas and other fans of democracy are now suing to block what the League's President accurately describes as "an attack on direct democracy."

• The 28-year old shooter in Monday's mass shooting --- the 130th of the year so far --- reportedly purchased SEVEN weapons from five local guns shops in Nashville, Tennessee before using at least two of them to kill three 9-year olds and three adults at a private Christian elementary school. All of that while the assailant was said to have been under a doctor's care for an emotional disorder, according to the Nashville police chief. Seven guns, at least two of them semi-automatic assault weapons, and none of it triggered any red flags to authorities. Nonetheless, Republicans in Congress today, according to media reports, still lack the courage to support any new gun safety laws that might make such massacres less likely or more difficult. They are, as Rep. Ted Lieu (D-CA) correctly noted today, "cowards". AND PLEASE NOTE: This is not a problem with "Congress" or "lawmakers in D.C." The problem is Republicans. Period. They do not want to make it more difficult to murder people, while Democrats do. It's as simple as that. If media outlets are unable to call out Republicans, specifically, for fear of sounding "partisan", they are doing a grave disservice to their readers, viewers, listeners and country.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on the weekend's massive tornado(s) in Mississippi; more flooding in California's unending storms; ongoing deadly drought in Somalia; U.N. warning of water wars; and a new global record for clean, renewable energy production...

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We're old enough at The BradCast to remember when Republicans used to at least pretend to believe in things like "personal freedoms." But, now that Florida's Gov. Ron DeSantis is preparing a run for President in 2024, things are getting mighty early 20th-century German-y these days down in the Sunshine State. [Audio link to full show follows below this summary.]

The recently re-elected Governor is on a roll. Most notably, over the past year or so, he has adopted a "Don't Say Gay" law, threatening school teachers with dismissal for referencing LGBTQ issues in public schools, and, more recently, his "Stop W.O.K.E. Act" to prevent discussion of race issues and other things that the all-mighty State decides may make the parents of a white, straight child uncomfortable. Also known (ironically enough) as the "Individual Freedom Act," a federal judge recently cited George Orwell's 1984 in describing the law as "positively dystopian" as it has resulted in the state-ordered banning of library books.

But DeSantis isn't cowed by courts of law or even public opprobrium. Last Friday, his State Department of Business and Professional Regulation (apparently, Republicans now love state regulations too?) filed a 27-page complaint against The Orlando Philharmonic Plaza Foundation, seeking to revoke their liquor license. Why? Well, last December, for the eighth year in a row, they featured a performance of the popular Drag Queen Christmas national tour and "violated Florida statutes" by allowing parents to bring their children, according to the state's complaint. (So much for "parental choice," which GOPers also used to pretend to believe in.)

Perhaps all of that wouldn't be so bad, if Floridians knew they could hold elected officials accountable at the ballot box. Sadly --- and predictably --- the Governor and his henchmen in the state legislator in Tallahassee are working to make that more difficult as well. Last year, DeSantis signed Senate Bill 524. In addition to giving him a personal special "elections crimes" police force (which he immediately abused by ordering the round-up of former felons at gunpoint and on camera for "voter fraud" even though most had been told by the state they were allowed to vote in 2020), the measure also mimics a law recently adopted by Texas that resulted in a huge percentage of vote-by-mail ballots being rejected in 2022.

The new provision mandates that vote-by-mail voters include a drivers license or social security number on their absentee envelope when casting their vote. However, there's no easy way for voters to know which one of those two numbers will match the number on their registration record and ballots will be rejected without a perfect match. The Texas version of the same law --- being pushed as "model legislation" by the far-right Heritage Foundation in several GOP-controlled states --- resulted in preliminary ballot rejection rates as high as 38% in several counties during last year's primaries.

Now, the bipartisan Florida Supervisors of Elections Association, comprised of elected county elections chiefs, are pushing back against the new law. They argue unanimously in a new report [PDF] that it will result in disenfranchised voters, as well as increased costs to counties and security issues for elections.

We're joined today by ION SANCHO, Florida's legendary, former Leon County Supervisor of Elections who served in the elected position for nearly 30 years before resigning in 2016. He explains the many concerns about the new measure and why it is that election officials around the state are so unanimously troubled by it.

"Even though a majority of the Supervisors of Elections are Republicans, they cannot stomach what they see the Florida legislature doing, because it's real simple --- it's not fair," Sancho tells me. "Every Supervisor of Elections in the state can see that this is simply a partisan attack on voters that the Governor is trying to suppress. That offends them."

The new law, he fears, will be "a logistical nightmare" for election officials. "This whole process --- that we carefully spent a decade building to ensure that legal voters could cast and have that ballot counted --- is under direct threat, and by individuals who haven't a clue about how Florida elections work. Because these recommendations came from Heritage Action, the political arm for the Heritage Foundation."

Sancho is hopeful that some of the Republicans in Tallahassee will listen to the elections officials. "Because where this will blow up, the first election under these new rules," will be the state's March 2024 Presidential Preference Primary, "where you've got to two apex Republicans, possibly, on the ballot. And you don't want that election to melt down. These rules could destroy the Presidential primary in Florida. And wouldn't that put some egg on DeSantis' face."

So well respected by his peers that he was selected by them to oversee the ultimately-aborted 2000 Presidential recount in the state, Sancho charges that "Governor DeSantis has really declared war on any human being that has a different political ideology than himself. It's shocking."

Nonetheless, DeSantis, after winning in 2018 by less than half a percentage point, was re-elected to a second term by a landslide last November, even as Republicans elsewhere in the nation had a very difficult election. Why did he do so well last year? Sancho offers his thoughts on that as well today. And, yes, it has to do with the "tremendous impact" of the Governor's new special election crimes police force and a resulting "complete collapse of African-American voting" last year in the state. But that, Sancho seems confident, is likely to turn around in 2024...at least if their votes are allowed to be tallied.

Please tune in for another very clarifying and compelling conversation/warning with the great Ion Sancho today!

Finally today, Desi Doyen joins us for our latest Green News Report, with news on a disturbing chemical train derailment in Ohio; catastrophic heat and wildfires in Chile; EU's successful move away from Russian fossil fuels; and some good news about this year's global investments in clean energy sources versus those in dirty, deadly fossil fuels...

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We've got another grab-bag for you on today's BradCast, from the new challenges faced by corporate media during a U.S. House controlled by GOP liars, to more evidence of the former guy's weaponization of the federal government, to still more voter fraud by wealthy white people in Florida.

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

• NBC's Chuck Todd, the usually milquetoast host of Meet the Press, actually stood up to a few lies by accomplished GOP liar Rep. Jim Jordan on Sunday. That is never easy, given the flurry of lies the Ohio Congressman is capable of spewing at light speed. But Todd, who traditionally allows rightwingers to get away with all manner of BS with little if any response at all, did an impressive job this week --- at least for a few minutes --- in calling out several of Jordan's patently false assertions attempting to equate Donald Trump's theft of hundreds of classified documents and refusal, for more than a year, to return them to the federal government, with the discovery by Joe Biden's attorneys of a few dozen such documents from during his Vice Presidency found stored by aides at his former office at the Penn Center and his home in Wilmington, Delaware. We share the tale of the tape.

• Jordan now serves as Chair of the House Judiciary Committee and its silly, newly formed select Subcommittee on "the Weaponization of the Federal Government". The new panel is meant to promote all sorts of QAnon and Fox "News" fantasies and victimization porn about the FBI and DoJ somehow having it out for Republicans. Or something. They will pretend to expose false claims such as the FBI paying millions of dollars to Twitter to censor and ban rightwingers during the Trump years. Or something. Will Democrats and our corporate media be up to the task of countering their nonsense over the next two years?

• If you're looking for actual "weaponization of the federal government", however, look no further than what the disgraced former President did with his appointment of DoJ weaponizer-in-chief Bill Barr as Attorney General. Late last week, the New York Times published a jaw-dropping exclusive on Barr's failed attempt at revealing "deep state liberals" at the FBI and DoJ with the appointment of John Durham as Special Counsel to "investigate the investigators" of Russia's well-documented plot to interfere in the 2016 election. After four years, Barr and Durham have found none of the corruption that Trump and Barr pretended was there. But they did, apparently, find evidence of financial crimes by Donald Trump that, until the Times report just last week, remained their own little secret. Paging Jack Smith.

• Speaking of lies propagated by rightwingers and the corporate media, you may recall that, during the runup to the 2022 midterms, allegations of rampant, out-of-control crime in big "blue" state cities was all the rage. Trouble is, that was mostly lies as well. Now, a new analysis puts some meat on those bones and dispels another longtime rightwing myth. As it turns out, murder rates in "red" states not only far exceed "blue" states, but that has been the case since at least 2000, according to evidence documented by the new report.

• Speaking of elections, yet another wealthy white vote fraudster has been arrested for double-voting during the 2020 election in Ron DeSantis' GOP enclave known as The Villages in Florida. He is the fourth, to date. And you won't believe how easy the penalty was for this guy who, like the others, purposely voted twice. Especially as compared to the people of color who were rounded up at gun point by DeSantis' new "Election Crimes and Security" police force just before last year's elections. Those rounded up and tossed in jail by the GOP Governor and Presidential hopeful's personal police squad were former felons who had apparently been allowed by the state to vote two years earlier, despite a loophole in a new law that bars some former felons from being allowed to vote. They had no idea they were voting unlawfully, unlike the white criminals in The Villages who got off with (less than) a slap on the wrist.

• And speaking of GOP election liars, Kari Lake, 2022's failed, Trump-endorsed gubernatorial candidate in Arizona who lost by 17,000 votes but is still pretending she won, may now be facing legal issues of her own. According to a complaint filed by the state's newly elected Sec. of State Adrian Fontes (D), in a letter sent to the state's newly elected Attorney General Kris Mayes (D), Lake violated state law by publishing the signatures of several voters on Twitter last week. Fontes is seeking a criminal investigation.

• Finally, Desi Doyen joins us for our latest Green News Report, as New Zealand is swamped by stunning, record rainfall; a new study finds building solar and wind projects is now cheaper than using existing coal-fired power plants; Tax payers in Pennsylvania are now on the hook for the clean up of thousands of recently discovered abandoned oil and gas wells; and the Biden Administration reverses a Trump scheme in Minnesota in order to protect a vast wilderness from toxic mining for the next 20 years...

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On today's BradCast we focus on two different rightwing scammers: The Heritage Foundation and George Santos. [Audio link to full show is posted below this summary.]

The Heritage Foundation's decades-long effort to suppress the vote received a multi-million dollar boost following the 2020 election. Also, there is some new news today on what appears to be a fairly huge campaign finance violation by newly-elected Republican pathological liar, Rep. George Santos. But is it possible that Santos' scam is larger than anybody seems to yet appreciate?

We're joined today to discuss both scammers by BRENDAN FISCHER, one of the nation's foremost campaign finance experts who now serves as Deputy Executive Director for Documented, an investigative watchdog and journalism organization.

For some time, Fischer's group has been digging into and exposing the multi-state, multi-million dollar campaign by the rightwing Heritage Foundation's political action offshoot, Heritage Action. The "dark money" group has been pushing new voter suppression bills through swing-state legislatures with copy and paste "model legislation" in the wake of false claims of fraud in the 2020 Presidential election. Their work is often disguised --- as Executive Director Jessica Anderson was caught boasting to donors about in a 2021 video tape --- to have that "grassroots, ya know, from the bottom-up type of vibe."

Documented recently unearthed Heritage's four-page "Election Integrity Plan" [PDF] from 2021. It details the effort to push restrictions on voting through state legislatures after "in some cases, we actually draft" the bills for them, as Anderson, a former Trump official, is seen bragging to donors on that tape.

"Iowa's the first state that we got to work in," she explains, "and we did it quickly and we did it quietly. Honestly? Nobody noticed!" Anderson also cites "eight key provisions" the group supposedly was able to get into Georgia's controversial 2021 voter suppression measure, SB202, which was quickly signed into law --- supposedly at Heritage's urging --- by Gov. Brian Kemp.

IA and GA were two of "19 states [that] passed 34 laws restricting access to voting" in 2021, according to the Brennan Center for Justice that year, more than in any year since they began tracking such legislation in 2011.

Earlier this month, in addition to obtaining and publishing Heritage Action's "Election Integrity Plan", Fischer joined with Ed Pilkington at The Guardian to detail the organization's previously-unreported tax filings from 2021 [PDF], detailing more than $5 million in outside lobbying services in at least 24 states. That, after spending $0 on outside lobbying the previous year. The anti-democracy "dark money" outfit also spent more than $6 million on contractors for "marketing and advertising" in 2021, a substantial increase from the year before. The expenditures including more than a million dollars spent in support of GA's bill alone. In all, as Fischer and Pilkington report, Heritage's "Election Integrity Plan" earmarked at least $24 million to push these measures in at least eight swing-states over the past two years.

In addition to efforts to adopt restrictions on voting in the states, Heritage also worked to block legislation that would protect voting rights at the federal level. "The millions of dollars that Heritage Action spent in 2021 included substantial expenditures to pressure [Senators Joe] Manchin and [Kyrsten] Sinema in order to not reform the filibuster and thwart democracy reform legislation," Fischer tells me today.

"In West Virginia, in particular, they also did it with drummed-up fake grassroots activity," he explains. "Heritage Action and other groups organized buses to bus activists from out of state to West Virginia for a rally that was intended to 'save the filibuster' and protest Manchin's potential openness to changing the filibuster rules." It worked. Manchin and Sinema refused to reform the Senate's anti-democratic filibuster rule to pass the landmark Freedom to Vote Act in 2021. That measure would have been the most comprehensive voting rights and campaign finance reform measure since the 1960s. And, yes, as Fischer notes, the bill would have also "ended dark money!"

We've got a lot more to discuss along those lines with Fischer today. But, as long as he was here, there was an unrelated matter I wanted to get his thoughts on.

On Tuesday night, newly elected Republican Congressman and unrepentant liar George Santos amended several of his campaign finance disclosure documents. Santos had previously claimed in FEC disclosures that he had loaned his own campaign some $700,000. That was already suspicious, given that two years earlier, Santos claimed to have been making about $50,000/year. But, as The Daily Beast's Roger Sollenberger noticed on Tuesday, his amended forms now claim the funds did not come from him personally --- though they don't explain where the money actually did come from. Any campaign donation that large from someone other than the candidate would be an unlawful contribution.

While the Santos campaign seems to be admitting to what Josh Marshall characterizes as "major crimes" in their new filings, I have a different, completely ridiculous, couldn't-possible-be-true theory to ask Fischer about today: Is it possible that nobody actually gave $700,000 to Santos' campaign? That it was a paper claim only? There was no such loans at all?

Of course, that seems absurd, but this is George Santos we're talking about. More to the point, it should be noted that last year Sen. Ted Cruz (R-TX) successfully won a case at the corrupt U.S. Supreme Court which held that personal loans made to campaigns by candidates could actually be paid back after the election, in unlimited amounts, by anyone else. Lobbyists, etc. Is it even possible that Santos could have claimed to have made those personal loans to his campaign but that no money was actually ever given to his campaign at all? Allowing him to be "repaid" later by others after the election? It would certainly be a swell way for a wayward conman like Santos to make a cool $700,000, no?

I pose the question about this to Fischer with the full expectation that I'll be told there's no way something like that could have happened without it being discovered by officials long ago. Tune in to hear his response...

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

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

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

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

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

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

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

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

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

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

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What a way to "celebrate" Martin Luther King Day this year on The BradCast. Fifty-eight years since the passage of the Voting Rights Act and 10 years since the rightwingers on the U.S. Supreme Court gutted one of its central provisions, our even farther rightwing courts now appear to be gunning for much of the rest of the landmark civil rights voting law. [Audio link to full show is posted below this summary.]

First up today, while GOP-appointed federal judges are finding new ways to allow racial discrimination at the voting booth, Republicans --- including a top election official in upstate New York, and the wife of a U.S. House candidate in Iowa --- are nabbed by the Justice Department for committing mass vote fraud with absentee ballots.

The DoJ announcements in those cases come after a year in which Republicans filed a record number of anti-voting lawsuits --- in hopes of preventing (certain) voters from voting and/or having their votes counted as cast --- under the pretend guise of fighting fraud. They also come just days after Ohio's supposedly "moderate" GOP Governor signed new legislation to make it more difficult for (certain) voters to vote at all in upcoming elections.

Voting rights advocates in the Buckeye State charge the new measure will create barriers to the ballot for the elderly, rural voters and members of the military. But if it makes it more difficult for minority voters to vote, it may soon be impossible for groups like the League of Women Voters or the NAACP or the ACLU to file lawsuits charging violations of anti-discrimination laws under the Voting Rights Act.

When SCOTUS gutted Section 5 of the VRA in 2013 --- the part that required new election laws in jurisdictions with a history of racial discrimination at the polling place to be precleared by federal authorities before they could go into effect --- the rightwing majority on the High Court claimed the provision was antiquated and no longer necessary. Besides, even though thousands of discriminatory laws had been blocked by Section 5 since 1965, there was always Section 2, which blocks racially discriminatory voting laws in all 50 states.

After all, as an ACLU attorney was forced to point out during a federal appeals court hearing this week: “For over 40 years, dozens of federal courts have heard hundreds of Section 2 claims brought by federal plaintiffs.”

Unfortunately, that lawyer was defending the use of Section 2 before a three-judge panel, where she had to add that, “In that time, not one court denied the plaintiffs their day in court because of a lack of private action.”

The hearing in question came this week after a lower, federal district Court judge in Arkansas tossed out a challenge to a new state House district map implemented by state Republicans. The map includes 11 black majority districts, when the population of the state suggests there should be 16 such districts.

But Judge Lee Rudofsky, a Donald Trump appointee, dismissed the challenge to the new map, declaring that Section 2 of the VRA does not allow private individuals and groups, like the ACLU or NAACP, to file suit against such laws. Only the U.S. Attorney General may do so, he held.

As our guest explains today, Rudofsky's court "the first court in the history of the country to find that there is no private right of action" in Section 2. For a host of reasons, it's an absurd argument. And yet, this week at the U.S. 8th Circuit Court of Appeals, according to CNN, two of the three judges on the appeals panel (all of them are Republican appointees) appeared open to the idea that there is no right to private action under Section 2, because the federal statute doesn't specifically say as much. Never mind that private parties have been suing for decades under Section 2, including at the U.S. Supreme Court, where the Justices never said a word against it.

We're joined to explain this newly-attempted GOP voter suppression nightmare by JONATHAN TOPAZ, the ACLU Voting Rights Project staff attorney who served as the trial attorney on the initial case that was tossed by Judge Rudofsky last year.

"I think it's hard for most people to fathom that this is a question that needs to be litigated in 2023," Topaz tells me. "There have been hundreds of cases over the course of Section 2's history litigated by private plaintiffs, and many of those cases --- at least 10 at the Supreme Court, and at least 18 in the 8th Circuit where we were arguing earlier this week --- were brought by private plaintiffs."

"Congress had opportunities --- in 1982 when they amended the Voting Rights Act, as recently as 2006 when they reauthorized the Voting Rights Act --- to correct any mistakes it saw out there as private plaintiffs brought cases across the country, which would have been purportedly in open defiance of what Congress had intended, and Congress never saw fit to correct anyone," he explains.

Topaz goes on to cite a case as recently as 1996 when "five justices of the Supreme Court --- so, a majority --- held that there was a private right of action under Section 2 of the Voting Rights Act." Of course, our newly corrupted, stolen, and extremist rightwing majority on the High Court has had no trouble of late reversing its own precedents whenever they feel like it. So this case, which will almost certainly end up at SCOTUS no matter what happens at the 8th Circuit, could tee up a potentially near-fatal blow to the already teetering VRA.

"Section 2 is one of the crown jewels of American legislative history," Topaz argues today. "It's one of the finest statutes ever passed. Section 2 is absolutely essential in terms of ensuring equal voting access around the country. And we will do everything we can do defend it."

In the meantime, as he observes, this particular fight has prevented the courts from deciding on the merits of the original case, which means that --- even if it's ultimately settled at SCOTUS in favor of the ACLU --- "there will have been several elections taking place with discriminatory maps in Arkansas."

In 1957, in his "Give us the Ballot" speech eight years before passage of the VRA, MLK reportedly said: "So long as I do not firmly and irrevocably possess the right to vote I do not possess myself. I cannot make up my mind --- it is made up for me. I cannot live as a democratic citizen, observing the laws I have helped to enact --- I can only submit to the edict of others."

Happy Martin Luther King Day. It's on Monday.

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All election lawsuits are not created equal. Even in the same state, in the same elections, by members of the same political party, as detailed on today's BradCast. [Audio link to full show follows this summary.]

Late on Friday, a bunch of Republican candidates who were certified last week by the state of Arizona to have lost their 2022 midterms races filed election contests in various courts of law in the state. For now, at least, it's a step up from violence, death threats and insurrections. So, there's that.

GOP gubernatorial candidate Kari Lake, Sec. of State hopeful Mark Finchem (along with failed U.S. House candidate Jeffrey Zink), and Attorney General nominee Abe Hamadeh, all filed suits last week asking the courts to simply name them the winner of the elections they were certified to have lost. In lieu of that, they'll each take a new election instead. (Which almost never happens.)

Of those lawsuits, only one, Hamadeh's, doesn't allege "fraud, manipulation or other intentional wrongdoing" by Democrats or election officials. And, its the only one which stands any sort of legitimate chance of not being laughed out of court. Hamadeh lost his race to AZ's Democratic A.G. candidate Kristin Mayes by a mere 511 votes out of more than 2.5 million votes cast. An automatic state recount will now begin in that race, as it should. In the meantime, the losing candidate has at least filed a generally plausible case for contesting results.

That is by contrast with and decidedly not the case in the spurious election contests filed by losers Lake, Finchem and Zink, as we explain in great detail on today's program. Yes, there were problems with the print-on-demand ballot printing and scanning (the cause of which is still being investigated) at a number of polling locations in Maricopa County (Phoenix) on Election Day last month. But, no, there is zero evidence of "mass disenfranchisement" or that Republicans were targeted by the voting system problems in any way, as Lake and the others are dishonestly trying to argue.

Moreover, it's somewhat amusing --- not to mention unspeakably ironic --- to hear Republicans now complaining about "long lines" at the polls, voters being wrongly turned away (they weren't) and other such concerns they haven't given a damn about for years when they have helped to disenfranchise Democratic voters. In this case, however, there is no evidence that Republicans were targeted by the Republican election officials who run the elections in Maricopa County or anywhere else.

Tune in for full details on all the madness.

Also on Friday, Arizona's U.S. Sen. Kyrsten Sinema declared she is no longer a Democrat (was she ever?), but that she'll continue to caucus with them in the Senate majority, even though she has now registered as an independent...for reasons that only she seems to sort of understand. Her self-serving move is unlikely to change the new 51-49 majority in the U.S. Senate for those that caucus with the Democrats. But it could change the electoral outlook in 2024 when the wildly unpopular Sinema, if she runs again, will be up for reelection and will not have to face a Democratic primary challenger.

Finally today, a few callers ring in, including one is absolutely certain that --- despite my spending a half hour or so today defending one of the aforementioned GOP lawsuits in Arizona --- I must absolutely be a wildly partisan Democrat...or something...

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