Yikes. Busy day on The BradCast. Including some remarkable breaking news, both good and bad, throughout the hour. [Audio link to full show follows below this summary.]

Among the many stories, breaking and otherwise, on today's program...

• When the show began, the monster Hurricane Helene, barrelling toward a direct landfall near Tallahassee and the Big Bend region of Florida's panhandle, was already a dangerous Category 3. By show's end, it had become a terrifying Cat 4. As disturbingly, the storm began the day as a Cat 1! Thanks to record warm Gulf waters caused by man-made global warming, we have yet another case of deadly, rapid intensification for this storm. Experts also warn of an "unsurvivable" 20-foot storm surge on the Gulf Coast. The dangers beyond Florida, in already soaked southeastern states, are also quite serious and severe in the days ahead.

• After what Trump Republicans describe as Joe Biden's supposedly "weaponized" Department of Justice indicted and/or convicted Democratic U.S. Senator Bob Menendez (NJ), Democratic Rep. Henry Cuellar (TX), and the President's own son Hunter Biden (twice) over the past year, federal prosecutors unsealed an indictment on Thursday against NYC's Democratic Mayor Eric Adams. The Mayor, who says he will not resign, was charged on five counts related to corruption on behalf of Turkey. If the Biden's federal government has been "weaponized" against Republicans, they sure have poor aim!

• But, you know who was actually very good at weaponizing the federal government against his political enemies? Yup, Donald Trump, as a deep dive from the NYTimes' Michael Schmidt (free link) detailed over the past weekend. Time and again, during his years in office, then President Trump demanded --- and often got --- criminal and civil investigations by DoJ and highly unusual and invasive audits by the IRS against his perceived political enemies, many of whom, if they worked in the government, were also improperly fired. Schmidt also summarizes (free link) how Trump unleashed his government against such perceived enemies as F.B.I Director James Comey and other senior FBI officials; Hilary Clinton and her 2016 campaign; Obama's Sec. of State John Kerry; his own attorney Michael Cohen; News organizations and reporters at CNN, WaPo and NYT; his own National Security Adviser John Bolton; and many others. And, as Schmidt reminds us, Trump has already stated this month that he plans to do it again if elected to another term.

• Looks like its a big day for corrupt NYC Mayors! Today the D.C. Court of Appeals permanently disbarred former Trump attorney Rudy Giuliani, after New York state also permanently revoked his license to practice law earlier this Summer. The disbarments are related to the disgraced former Mayor and federal proseuctor's false legal filings claiming election fraud, without actual evidence, following the 2020 election on behalf of the loser Donald Trump.

• In related news, even as jury selection was underway in a major defamation trial in Delaware pitting voting machine vendor Smartmatic against the rightwing propaganda outlet known as Newsmax, a last minute, still-confidential settlement was struck between the parties. As CNN reports today, "The settlement is the latest in a string of 2020 election defamation cases to reach an out-of-court agreement before trial. Fox News famously settled with Dominion Voting Systems last year for a record $787 million, and the far-right channel One America News settled with Smartmatic earlier this year." They also note that "Newsmax still faces a separate defamation lawsuit over similar claims that was filed by Dominion." As referenced during the show, here is one of BRAD BLOG's exclusive investigative reports from 2010 that disgraced former Trump attorney Sidney Powell cited (and bastardized) as part of her defamatory allegations against both Smartmatic and Dominion, as subsequently echoed by all the rightwing fake news outlets and discredited and now disbarred yutzes like Giuliani.

• Finally, as the deadly Hurricane Helene speeds toward Florida, Desi Doyen has our latest Green News Report, with news on both that storm and Hurricane John (which continues to pound Mexico); how global warming has made all of these storms much worse; and Joe Biden's promotion of climate action at both Climate Week in NYC and his final address to the U.N. General Assembly on Tuesday...

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At last Tuesday's Presidential Debate, one of ABC News moderator David Muir's questions to Donald Trump referenced a recent apparent admission by the former President that he'd actually lost the 2020 Presidential election "by a whisker". Trump went on to claim that those televised remarks were meant as sarcasm.

That produced the following colloquy...

This was a classic case of Trump doubling down on the Big Lie that led to the Jan. 6, 2021 insurrection. In more than 60 cases, state and federal courts --- at the trial and appellate levels --- rejected legal challenges filed by Trump and his allies. In many instances, the cases were lost, not because Trump or his allies lacked legal standing to bring the case, as Trump claimed, but because they failed to produce evidence to support their claims of fraud. Indeed, on some occasions, Trump's attorneys even admitted they couldn't establish fraud.

Consider, for example, our coverage of a Nov. 21, 2020 Decision [PDF] by U.S. District Court Judge Matthew Brann in Donald J. Trump for President v. Boockvar, a case in which then Trump attorney Rudy Giuliani admitted, in open court, that he had no evidence of voter fraud to present to the court...

So, did anything of note happen over the past week or so while we were taking a holiday break from The BradCast? [Audio link to full show follows this summary.]

As I've come to learn, a few things of note did happen. In fact, it was almost like coming back to a different nation today, largely thanks to the corrupt, radical, extremist, not-conservative-in-the-least U.S. Supreme Court's rightwing majority which invented new clauses in the Constitution out of whole cloth to appall the Founders by declaring Presidents to be Kings. I have a feeling we'll be catching up with the remarkable past 10 days or so for quite a while around here.

Today, however, at the top of the show, we first touch on a few of those news items of note from the past week, including, perhaps most notably for the immediate moment in history, remarkable pushback at the polls from the left in France, UK and even Iran against rising Rightwing fascism. Stunning democratic victories in all three nations serve as a valuable lesson in this country, at this time, particularly from France, where a broad coalition on the left came together to issue a surprise, blistering electoral upset to Marine LePen's far-right nationalist party which had been expected to win on Sunday.

That, it turns out, is helpful --- and hopeful --- context as we turn our focus today to the most immediate concern here: legitimate questions about the reelection candidacy of President Biden, one of the most effective (and, yes, progressive) Presidents in U.S. history, following his disastrous debate performance just after we signed off air before our holiday break about ten days ago.

With much of his party seemingly rallying behind him in Congress a week later, even as a number of noteworthy elected Democrats are calling for him to drop out --- and polling that is offering mixed messages --- we open the phones to our listeners today to learn where they are on this matter.

Should Biden stay in or drop out? And, if he drops out, who should replace him and how? All questions of great import given that, no matter who runs against Donald Trump this year, it is far more than a battle between Republicans and Democrats. It is now very clearly a battle between Fascism and Democracy, particularly after the corrupted Court has now horrified the Founders to decree that Presidents are above the law in virtually any action they choose to take while in office.

The Democratic National Convention begins in just over a month. Early voting begins for the November 5 election in about 90 days.

Needless to say, our phone lines lit up. To my surprise --- especially among our mostly progressive, live Southern California listeners --- they were almost all of a very similar mind. Truly. I would not have predicted the response.

You can listen to it in today's very lively BradCast linked below...

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How many times did the disgraced, twice-impeached, four-time criminally indicted former President tell us he would "absolutely" be taking the oath to testify in his own defense at his 2016 election interference trial in New York? More times than we can count. Each time was a lie, as discussed among other matters on today's BradCast, as closing arguments are set to begin next week, before jury deliberations in the first-ever criminal trial of a U.S. President. [Audio link to full show follows this summary.]

Before we get to today's "ketchup" konversation on Trump's first criminal trial, we touch on a few noteworthy results out of primary and special elections in Georgia, Kentucky, Oregon and California on Tuesday, along with problem reports for voters and tabulation out of Georgia, Kentucky and, from last week's primaries, in both Baltimore and Prince George's County, Maryland.

Then, we're joined once again by award-winning columnist HEATHER DIGBY PARTON, of Salon and Hullaballoo, and former attorney and lifelong Republican KEITH BARBER, who now regularly blogs on legal matters as "KeithDB" at the progressive Daily Kos.

On Tuesday, the Defense rested in Donald J. Trump's criminal trial in New York on 34 felony counts related to a hush-money payment made to porn star Stormy Daniels in the weeks before the 2016 election, in a successful effort to help him cheat to win it. The trial has focused on the subsequent, allegedly falsified reimbursements made by Trump during his first year in the White House to his then lawyer/fixer Michael Cohen to cover it all up.

Last week, Cohen finished his testimony as the final witness for the Prosecution. This week, Robert Costello, a cartoonishly thuggish lawyer buddy of both Trump and Rudy Giuliani, took the stand as one of just two witnesses called by the Defense. After a turn last week before the GOP's U.S. House "Weaponization of Justice" Committee, Costello would be the final witness for the Defense, in what turned out to be a wildly failed effort to try and discredit Cohen.

We catch up on all of that today, as we discuss, among other things...

• Justice Juan Merchan's upbraiding of Costello during his obnoxious testimony as the Defense's star witness, turning what might have been a mild win for Trump following cross-examination last week of Cohen, into what both Parton and Barber characterize as a disaster for the Defense. According to Parton, "It was really stupid of them to call him, knowing that the prosecution already knew what he had to say...He was bombastic, he was rude. ... Costello looked like a hired gun."

• To the surprise of absolutely no one, Trump failed to take the witness stand in his own defense after all, following months of promising to do so. It may have been the only smart thing he has done to help his case during the entire trial. As Parton notes, "Trump saw him as a good stand-in for himself," as he was almost certainly testifying at the instance of Trump and against advice of counsel. It went at least as poorly for Costello as it would have gone for the former President turned current Defendant, had he taken the stand.

• Barber details what he sees as "the missing link" in the Prosecution's case and "the biggest weakness" in the Defense's cases; how the jury is likely to view Trump's lack of testifying in his own defense ("The jury will be strongly admonished by the judge to not consider Donald Trump's failure to testify"); and what exactly they will be charged with deciding when they are finally instructed by the judge --- likely beginning next week --- to begin deliberations.

• Parton discusses her biggest concerns about the case, and how the mainstream corporate media has failed, yet again, in its responsibility of accurately reporting on the threat to the nation represented by Trump. Barber casts more blame on his old party, the Republicans.

• And, in a related matter today, we turn to the federal criminal indictment against Trump down in Florida for stealing highly classified national security documents and refusing to return them to the Government. On Wednesday, earlier court documents related to the eventual search warrant executed at Mar-a-Lago, were unsealed, leading Trump to lie about the FBI being "locked and loaded" in an attempt to "assassinate" him during the search...when Trump was in an entirely different state.

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We're back on today's BradCast after an unavoidable extended weekend due to a family funeral. We've got a lot to get caught up on today. [Audio link to full show follows this summary.]

Before we get to today's guest, a few quick headlines from over the weekend and through today...

• Iran's President and Foreign Minister were killed over the weekend in a helicopter crash in foggy conditions in the northern part of the country.

• The top prosecutor at the International Criminal Court is seeking arrest warrants for Israel's Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as three Hamas leaders for war crimes and crimes against humanity in both Gaza and Israel.

• A British court has granted WikiLeaks founder Julian Assange the right to appeal his extradition to the U.S. on 17 espionage charges and one for computer misuse related to the publication of classified U.S. documents 15 years ago.

• The New York Times revealed last week that rightwing Supreme Court Justice Samuel Alito flew an upside down American flag --- a MAGA "stop the steal" symbol --- at his home for several days following the Trump-incited January 6, 2021 insurrection at the U.S. Capitol. Nonetheless, the corrupt Alito has failed to recuse himself from cases involving the 2020 election, including the Court's pending opinion on "Presidential Immunity" which has held up Trump's federal trial for months in his indictment on multiple failed attempts to steal the 2020 election.

• Rudy Giuliani and 11 others, including Kelli Ward, the former chair of the Arizona Republican Party, were arraigned on Tuesday in Phoenix for their roles in attempting to steal the state's 2020 election for Trump. Giuliani and the others face multiple counts each (nine in Rudy's case) related to conspiracy, forgery and fraud.

• The Defense rested on Tuesday in Donald Trump's 2016 election interference trial in New York, where he is facing 34 felony charges related to the falsification of documents to hide a hush-money payment to a porn star just before that year's election day. The disgraced former President, who repeatedly vowed that he would testify in his own defense at the criminal trial, did not do so. As expected. Closing arguments are next week.

• Voters headed to the polls on Tuesday for down-ballot primaries and special elections in Kentucky, Oregon, Georgia and California on Tuesday. We'll have any available noteworthy results and problems reports on tomorrow's BradCast.

Then we're joined by VICTORIA CADOSTIN, researcher and writer at the non-profit watchdog organization DOCUMENTED to explain who is behind the new Trump-aligned extremist group known as "Citizens for Sanity". In a weekend article at The Guardian, Cadostin and her colleague Brendan Fischer break down details from newly obtained filings by the dark money group revealing they spent more more than $90 million dollars in the final few months of 2022 alone on a flood of what have been described as "vile, racist and transphobic" ads designed to disinform, terrify, divide and incite the voting public.

"They were one of the biggest election spenders in the last election cycle," Cadostin explains. "What's really alarming about it is that our records show that Citizens For Sanity is housed at the Conservative Partnership Institute, which has been characterized as the 'nerve center' of the rightwing." She describes the group as the homebase for the Trump Administration in exile, as it's led by former Trump Chief of Staff Mark Meadows as well as one of his former attorneys (and election fraudsters) Cleta Mitchell. It also shares the same leadership with American First Legal, a rightwing extremist lawfare organization headed up by Trump's MAGA anti-immigrant henchman Stephen Miller.

"CPI represents the creation of MAGA political infrastructure," says Cadostin. "These are all folks who are in the MAGA world very deeply, and who have a lot of power in that world, who are pushing out this messaging and pushing out extremism."

The group spent tens of millions of dollars from unknown donors on ads that air heavily in battleground states and swing districts, and even during highly-viewed mainstream events such as the World Series.

The organization uses racist messaging against Blacks and Latino immigrants in its ads, even while it also targets those same communities with different ads in hopes of suppressing their voters. "It's really a targeted effort to stoke racial hostility and suppress the vote however they can for the base that they don't think will vote Republican or conservative," she says. "While at the same time pushing out messaging that will move a conservative base, a white American base, to show up at the polls. It is very sinister, the way they are twisting this, using this information to mobilize one particular base against another."

"These divisive ads and the spreading of misinformation in order to sway folks in swing districts have a real impact outside of just voting," argues Cadostin. "This kind of messaging supports the rise of anti-trans legislation and violence against trans folks, as well as the rise in anti-immigrant sentiment, legislation and violence. Powerful folks are throwing money around to manufacture racial and gendered hostility in the voting population. And it's also further evidence that attacks on equality and democracy are often coming from the exact same place."

What can be done about any of it, since, as disgusting as it all is, it's all largely been legalized by a string of rightwing SCOTUS decisions over the years? We discuss that as well on today's BradCast...

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We've got a whole lotta Trump accountability news (and some for one high-ranking Democrat as well) since we last spoke to you on The BradCast last week. We'll get you up to speed on all of that today, but not before getting caught up on a crazy recount situation out here in the Golden State which I hope does not serve as a precursor to election challenges this Fall. [Audio link to full show follows this summary.]

The March 5th Super Tuesday primary elections here in California ended in an exact tie in the race to fill the Northern California U.S. House seat being vacated by long-serving, now-retiring Democratic Rep. Anna Eshoo in the state's 16th Congressional District.

The exact tie --- with 30,249 votes for each candidate --- was not for first place, but for second place. Since 2010, California has used a Top-Two primary system where all candidates in a race, from any and all parties, run in the same primary. The top two vote getters --- regardless of party --- then move on to the general election in November.

In the CA-16 race, with 11 candidates running in March, former San Jose Mayor Sam Liccardo won with a fairly comfortable 5 point margin. In second place, however, Santa Clara County Supervisor Joe Simitian and state Assemblymember Evan Low were tied according to the certified results in early April.

Under CA law, that meant all three --- all Democrats in the very left-leaning Bay Area district --- would advance to the general, for the first time in CA's Top-Two primary history. That left all three men seemingly happy enough. Liccardo, in first place, would have his competition split between two competitors and Simitian and Low would each go to the general election. Neither dared asked for a recount, because a single change of even one vote would knock one of the second-place finishers out.

CA law doesn't allow for an automatic, state-funded recount in such closes races (as dozens of other states do). But it does allow any voter to request a recount in any race they like, so long as they are willing to pay for it. If the final recounted results cause a change to the certified results of the election, the requester is supposed to be refunded. At least, in theory.

A guy by the name of Jonathan Padilla sought a recount in the race. He filed on behalf of Low, because you have to file on behalf of one of the candidates, even though Low says he had nothing to do with the request. Padilla, it seems, had worked for first-place finisher Liccardo during his 2014 run for Mayor in San Jose, though not lately. And while Liccardo says he knows nothing about Padilla's effort here, and nobody seems to know who actually funded the recount, it was carried out over several weeks recently in both San Mateo and Santa Clara Counties, which the 16th CD splits across.

Padilla was initially told that the recount would cost about $320,000 in Santa Clara alone. It would cost another $84,000 to recount in San Mateo, astronomically high numbers in a state which still allows County Registrars to charge pretty much anything they like. Those charges vary wildly from county to county (as we have detailed multiple times over the years) and all votes cast in a race must be re-tallied in order for results to be official recertified.

The costs to Padilla were then largely cut in half once he agreed to a recount by the same computer scanners that tallied the ballots in the initial count, rather than by a manual hand-count wherein results can be known to be accurate.

In any event, please tune in to find out who won the recount (by just 5 votes total!) and why it is that the CA Sec. of State now says Padilla is not due a refund after all, even though the results of the recount changed the results of the election to send just two candidates, instead of three, to this year's general.

We're joined today by DR. JOHN MAA, a San Francisco-based surgeon who was the first voter ever in California to seek and fund a statewide recount of a ballot initiative way back in 2010. He has become a bit of an expert in CA recounts since then, and advised both Low and Simitian during the recent 16th District recount.

Maa explains a number of vulnerabilities in CA's antiquated recount laws that were once again exposed by this latest recount, from seemingly arbitrary costs to requesters in each CA county (making recounts unaffordable to all but the weathiest of voters or candidates), to the concerns about retallying votes by the same computer scanners that tallied them in the first place, to the absurd ruling by the SoS that Padilla should not be refunded for the entire thing.

"Ultimately, I believe that the requester is a hero for Election Integrity," Maa tells me about Padilla. "And they bore the cost of what I believe that the Registrar's office should have done, because their certification of a tie was actually in error."

Tune in for much more.

THEN, in the second half of today's program, we get caught up on a whole bunch of legal woes for Donald Trump and several of his top supporters, as well as accountability for New Jersey's sitting Democratic U.S. Senator Bob Menendez, who is accused, along with his wife, of bribery and corruption to the tune of hundreds of thousands of dollars. His criminal trial began jury selection in Manhattan today.

As to the Trumpers, 2016 Campaign Manager and top Trump White House Advisor Steve Bannon's appeal was rejected late last week in the two Contempt of Congress charges he was found guilty of, resulting in a four-month sentence for defying subpoenas from the Congressional Committee investigating the Trump-incited January 6th insurrection. Bannon has a few more appeal options left before he, like White House trade advisor Pete Navarro (already serving four months for the same crime) is sent off to a federal penal facility.

Trump's disgraced 2020 attorney and former NYC Mayor Rudy Giuliani --- who is also facing criminal charges in Arizona and Georgia, a bunch of civil lawsuits and has already been found liable for $148 million for repeatedly defaming two Atlanta poll workers in 2020 --- was fired from his daily radio show gig at WABC in New York. Apparently, the billionaire Republican owner of the station let him go because Rudy refused to stop lying about the results of the 2020 election on air. Sad!

And, also in New York on Monday, Trump's former personal lawyer and "fixer" Michael Cohen finally took the stand to offer pivotal testimony in the disgraced former President's first criminal trial on 34 felony counts related to the falsification of business records meant to hide his White House repayments to Cohen for hush-money given to porn star Stormy Daniels to help him win the 2016 election.

Oh, and a few callers ring in today as well, in another very busy BradCast to kick off the week!...

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On today's BradCast: Honestly, I tried. But it was really hard to find any part of the case heard by the corrupted U.S. Supreme Court on Thursday that wasn't just absolutely ridiculous. [Audio link to full show follows this summary.]

For nearly three hours this morning, the nine Justices themselves --- including a number of its rightwingers --- seemed to struggle to pretend that any of this made sense. In Trump v. United States [PDF], the disgraced four-time indictee is arguing that former Presidents of the United States have "absolute immunity" from any and all crimes they may have committed while serving in office, including murdering his political opponents or anything else you can think of.

As absurd as it sounds, Donald Trump has used this novel claim to, so far, successfully delay his federal trial on four criminal counts brought by Special Counsel Jack Smith related to Trump's many failed efforts to steal the 2020 Presidential election. SCOTUS has helped by delaying today's hearing for months and may help further depending on when they decide to release their opinion, and whether or not that opinion will lead to still more delays in the lower courts.

After losing this argument at the trial court last year and then unanimously at the D.C. Court of Appeals, Trump brought the case to SCOTUS, packed with three of his own appointees. They did him the favor of taking up his losing argument and putting off their Oral Argument on it until today, almost certainly delaying his trial for trying to steal the 2020 election until AFTER the 2024 election. [Transcript and audio of today's proceedings here.]

"This Court has never recognized absolute criminal immunity for any public official. Petitioner, however, claims that a former President has permanent criminal immunity for his official acts, unless he was impeached and convicted," argued Michael Dreeban, Counselor to Jack Smith, in his opening statement. "His novel theory would immunize former Presidents for criminal liability for bribery, treason, sedition, murder and, here, conspiring to use fraud to overturn the results of an election and perpetuate himself in power. Such Presidential immunity has no foundation in the Constitution."

In taking the case, the Court decided to hear the following question: "Whether and if so to what extent does a former President enjoy Presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

But what "official acts" are they even talking about? Smith's indictment accuses Trump of things like organizing fake slates of electors; pressuring state officials and the DOJ and his Vice President to fraudulently change certified election results; and directing supporters to the Capitol on Jan. 6, 2021 after telling them to "fight like hell or we won't have a country anymore." The Justices --- as well as our two guests today --- all seemed to have a very difficult time finding any "official acts" for which Trump is being accused.

We're joined today by two excellent guests. Former Chief of the Fraud and Public Corruption unit at the U.S. Attorney's office in D.C., RANDALL D. ELIASON now teaches at George Washington University Law School, publishes the SidebarsBlog newsletter, and contributes to New York Times. Former Deputy Asst. Attorney General at DoJ, LISA GRAVES is now Executive Director of Truth North Research. They each know far more about all of this and the specifics of the Rule of Law than I do. But they too had trouble coming up with much of anything Trump has been charged with that has anything to do with "official acts" as President.

Its an "astonishing argument," says Graves. "What's at issue in this case is a set of conduct by this President to basically subvert our democracy through a variety of means. None of these are official acts. But even if somehow a President were engaged in an 'official act,' like appointing an ambassador, he couldn't take a bribe in the context of doing so. It just seems crazy that here we are with the U.S. Supreme Court basically delaying the prosecution of Donald Trump for a set of acts that are clearly outside the bounds of a Commander-in-Chief, whose job is to take care that the law is faithfully executed."

There was no conflict in the lower courts to resolve, but at least four members of the High Court decided they wanted to hear this silly argument nonetheless in which Trump and his attorney John Sauer have been arguing that, without immunity, Presidents would be unable to take bold, decisive action. It would "chill" their ability to do their job for the American people.

"The easiest response is that for nearly 250 years, that hasn't deterred Presidents from taking bold, decisive action," Eliason responds today. "Because they've also been willing to recognize that they need to act in compliance with federal criminal law, and they might be held accountable if they don't. On the one hand, he's saying there's a chilling effect on all these Presidents, even though it hasn't bothered any President in the past. On the other hand, he's saying 'But of course he could be prosecuted IF he's impeached and removed.' Well there's a chilling effect. So why doesn't that undercut his argument?"

We share audio clips from today's hearing, along with much more insight on all of it from Eliason and Graves, including why this case was accepted in the first place; the "Bizarro Superman world" in which we are having this argument and the "repugnant" idea of Clarence Thomas sitting on this case at all, as Graves observes; the argument by Sauer that unless statutes specifically say they are to apply to the President, like the federal bribery statute, they can't be held against him (Eliason, who headed up the DOJ's bribery prosecutions unit in D.C., notes the bribery statute actually "does not name the President, but nobody thinks that the President is immune for bribery"); and, of course, how and when they believe the Court will ultimately rule.

ALSO TODAY... On Wednesday, a grand jury in Arizona indicted Trump's former Chief of Staff Mark Meadows, his attorney Rudy Giuliani, his other attorney John Eastman and 15 others, including 11 Republican fake electors (including two sitting state Senators and the former head of the state GOP), for their efforts to try and steal the 2020 election for Trump in the state.

AND FINALLY... Desi Doyen joins us for our latest Green News Report, with grim-as-ever news, but also some really cool news from out here in California, where the state has been powered by 100% renewable energy --- largely solar --- for much or all of the day for a whole bunch of days in a row in recent weeks. So, there's that positive note to end today with, in any event!...

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On today's BradCast: As of this week, if it wasn't clear before (and, obviously, for many, it was not) it is now clearer than ever that the U.S., its corporate media, the Republican Party, its front-runner for the 2024 Presidential nomination (and, sadly, even too many on the "left"), have all fallen prey --- knowingly or unknowingly (it doesn't really matter) --- to a wildly successful, decade-long Russian intel op. [Audio link to full show is posted below this summary.]

From the Hillary emails in 2016 to the Hunter Biden laptop in 2020 to the Biden Burisma "bribery" allegations that fell apart so spectacularly this week with the arrest of the man who House GOPers cited as the lynch-pin for their entire Revenge Impeachment case against President Biden, it turns out it was all part of a wildly successful foreign campaign to divide and threaten American political system.

Turns out Alexander Smirnov, that guy with the false Burisma claims about the Bidens, apparently got it all from Russian intel operatives who have, for the past ten years, been pushing all of these phony narratives straight out from the Kremlin through various useful idiots, onto the set of Fox "News" and the rest of the rightwing media, into the mouth of the disgraced former President, and straight through to the hearing rooms of the U.S. Congress where it was shared --- either knowing or unknowingly (it doesn't really matter) --- by GOP dupes.

It's quite an extraordinary success story, in truth. For Vladimir Putin. And a shameful failure of our corporate mainstream media to even notice much of it happening in real time. They also played the role of useful idiots when it counted the most over much of the past decade and right on up until today.

Josh Marshall described it as "A Bigger Story Than You Can Possibly Imagine" this week, and I believe he is correct. Much more on all of that --- and Putin's deadly rise --- on today's program.

ALSO TODAY...

• MyPillow CEO Mike Lindell is not only an election denier and grifter. He also won't pay off a bet. In 2021, Lindell claimed to have obtained "irrefutable" evidence that the 2020 election was stolen from Donald Trump by China over the Internet. His evidence was Internet data packets that he claims to have obtained from a "whistleblower". He offered $5 million to anyone who could prove the data wasn't from the election. A two-time Trump voter did so in 2022. The data, he proved, was nothing but junk. But Mike wouldn't pay up the $5 million he offered via his "Prove Mike Wrong" challenge. A private arbitration panel agreed the man was owed the money. Cheap chiseler Mike still wouldn't pay. This week, a federal judge ordered him to do so.

• Corporate media spend a lot of time focusing on Joe Biden's bad polling numbers against Donald Trump. This week, a new survey by Quinnipiac University, a major pollster, found Biden beating Trump among registered voters nationally by 4 points. So Politico covered the new survey with this headline: "Poll: Nearly 70 percent of voters say Biden is too old to serve again".

• Is it any wonder so many on the left are still under the misguided impression that someone, anyone, who knows who?, but certainly someone, should replace Joe Biden on the 2024 ballot! Because that unidentified someone would certainly have a better chance of defeating Donald Trump this year! Well, even if there was evidence of Biden not running this year (there isn't), recent polling doesn't even back up the assertion that other Dems would do better against Trump than Biden would. But, hey, if you've got a realistic scenario to replace Joe Biden that won't result in a second Trump Presidency, please feel free to email me! I'd love to hear it and maybe even share it with listeners!

• Finally, Desi Doyen joins us for our latest Green News Report, as SCOTUS seems set to gut yet another landmark environmental protection; A bizarre winter heat wave slams Japan; and the Biden Administration continues moving forward with its historic effort to replace all of the nation's toxic lead water pipes...

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

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

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

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

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

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

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

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

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

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

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We dumped a big planned portion of today's BradCast to open phone lines to listeners, in hopes of taking their end of year temperature before next year's Presidential election year begins in earnest. [Audio link to full show follows below this summary.]

Specifically, I wanted to hear from voters who claim to have supported Joe Biden in 2020, but are now planning to...do something else in 2024. Why would they want to do that with so much --- including American democracy itself --- on the line next year? They call in to explain. Lively conversations ensue.

Also today, before we took our right turn toward callers: Donald Trump is getting more and more dictator-y with each new rally and social media post of late. Over the weekend, in Nevada and New Hampshire, it was in regard to immigration (and his increasing love for fellow dictator, Vladimir Putin).

On Friday, a D.C federal jury awarded Georgia election workers Ruby Freeman and her daughter Shaye Moss $148 million dollars in their civil defamation lawsuit against the racist Rudy Giuliani, who lied about the women falsifying 2020 election results in Atlanta and turning their lives upside down ever since in the bargain. The judgment was $100 million more than they'd even asked for. And, on Monday, the pair filed yet another suit against Giuliani following new defamatory remarks he made outside the federal courthouse after the first day of his trial last week.

But ya know who was arguably the most terrified by the verdict in Rudy's case? One Donald J. Trump, who is both facing a huge multi-million dollar judgement in his own civil trial in New York State for years of fraud, even as he is facing a federal criminal trial, scheduled to begin in just over two months time, for crimes related to his attempt to steal the 2020 election. That trial will have a jury pulled from the very same D.C. federal jury pool that just awarded Freeman and Moss $100 million more than they even asked for.

Buckle up....

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This week in Dubai, the U.N.'s Climate Secretary declared "the beginning of the end" of the fossil fuel era. Also this week, in a D.C. federal courtroom, Rudy Giuliani's attorney warned a jury that awarding a penalty of tens of millions of dollars against his client "would be the end of Mr. Giuliani". Both sound good to us on today's BradCast.

Among our many stories covered today...

• The last minute, final agreement between 200 world nations at the COP28 U.N. climate conference hosted by the United Arab Emirates this week, calls for a "transition" away from fossil fuels. It wasn't the call for either a "phase out" or even "phase down" that many had sought. But it was a first. Including the first time in 28 years of such annual conferences that the words "fossil fuels" even appeared in the final unanimous joint statement issued by the parties. What does it all mean? It's both good and bad. We delve into some of the details with Desi Doyen today.

• As the world was working toward moving beyond deadly fossil fuels, the disgraced, twice-impeached Donald Trump was campaigning in Iowa by lying to his supporters that gas now costs as much as $8/gallon, only cost $1.87 when he was President (during the pandemic in which nobody traveled and he helped nearly a million Americans die --- though he didn't mention any of that) and vowing to renege on the U.S. pledge at COP28 to give $3 billion to the joint "Green Climate Fund" to help poorer countries leapfrog fossil fuels and transition straight to clean, renewable energy. He even vowed that he would claw it back if he was elected next year.

• As to Donald Trump's legal woes, the D.C. Circuit Court of Appeals is now moving at "lightning speed" [PDF] to hear (and almost certainly reject) the twice-impeached former President's appeal on "absolute immunity" from the rule of law, in which he claims that he had the right to break any law he wanted while serving as President of the United States. On Wednesday, in a separate case related to defamation claims by writer E. Jean Carrol (who a court previously found Trump liable for sexually abusing), the 2nd Circuit Court of Appeals rejected [PDF] a similar immunity claim. In yet another courtroom in Manhattan this week, testimony ended in Trump's New York State fraud trial, in which he and his companies and his two eldest sons have already been found guilty. The only question is on the penalties they will face. They are likely to be substantial, to say the least. The judge's ruling will likely come early in the new year.

• In a different D.C. courtroom, Georgia election worker Ruby Freeman testified on Wednesday in the defamation damages trial against one of Trump's sleazebag attorneys, Rudy Giuliani who, along with Trump, repeatedly lied about her and her daughter Shay Moss committing fraud while serving as election workers in Fulton County, Georgia in 2000 in the middle of a pandemic. Both Freeman and Moss were viciously targeted by Trump's supporters after the lies were told about them, and Freeman offered heartbreaking and harrowing testimony on Wednesday about the horrific threats she received from Trump's supporters and how their lives were turned upside-down in the bargain. Giuliani's attorney, Joseph Sibley, didn't even try to cross-examine Freeman. And, in his closing statement, reportedly agreed that the disgraced former NYC Mayor's behavior was appalling. His appeal to the jury was that Rudy is old, and they should try to remember that, decades ago following the 9/11 attacks, Giuliani wasn't as appalling. The jury may be more likely to remember last Monday, after the first day of trial this week, when Rudy repeated his pathetic false claims about the two women in front of cameras on the courthouse steps.

  Just like Trump on Monday in his NY fraud trial, after vowing to take the stand, Rudy didn't. Both cowards and liars.

  The U.S. District Court Judge overseeing the federal case has already determined Giuliani defamed the two women. The only question is how much Freeman and Moss will be awarded by a jury for their pain and suffering (they are seeking as much as $43 million) and for additional punitive damages. If it will "be the end of Mr. Giuliani," as his attorney warned, it won't come soon enough. But it's unlikely to be the end. He still faces criminal charges [PDF] in GA for attempting to steal the 2020 election there; billion dollar defamation lawsuits from Smartmatic and Dominion Voting Systems; and a grotesque sexual assault suit by his longtime personal assistant, among other legal woes.

• A listener in Amsterdam writes in this week to correct us on a small, but important, error we offered this week regarding last month's shocking electoral victory in The Netherlands' parliament for the far-right political party of anti-immigrant extremist Geert Wilders.

• And, finally, Desi Doyen joins us again for our latest Green News Report with a wrap-up of COP28 in Dubai, and some very troubling news in the Arctic...

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

Among our stories covered today....

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We can only hope so.

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

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

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

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

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

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

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

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

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

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

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

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

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

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You may have noticed the nation is a bit of a tinder box right now. If the currently presumptive 2024 GOP nominee loses in Georgia again next year and just one precinct, out of thousands in the state, experiences something akin to what happened last week during elections in Northampton County, Pennsylvania... well, I don't even wanna think about the likely ramifications. Though we do discuss that today as part of our BradCast, which focuses almost exclusively on election-related lawsuits and criminal cases in the Peach State. Our guest is one of the plaintiffs in one of the most important cases you probably haven't heard about on your favorite cable news station. [Audio link to full show follows this summary.]

The long-awaited Curling v. Raffensperger voting system trial is finally set to begin in Atlanta in January, just after the start of the new Presidential election year in the critical battleground state Originally filed in 2017, the long-running federal lawsuit has already been extraordinarily consequential.

Among other things, it resulted in the 2019 banning of Georgia's then nearly 20-year old, unverifiable, insecure touchscreen voting systems made by Diebold after the judge still overseeing the case, U.S. District Court Judge Amy Totenberg, found the systems so deficient that their use was determined to be in violation of the U.S. Constitution.

In response, and ignoring the advice of voting system and cybersecurity experts, GA's Sec. of State Brad Raffensperger replaced the Diebold systems with newer, similarly unverifiable and insecure touchscreen voting systems made by Dominion. The plaintiffs challenged the use of those systems on similar Constitutional grounds, hoping to see the state move to verifiable hand-marked paper ballots at all polling places, where voters are now forced to vote on the unverifiable touchscreen systems. Raffensperger has refused.

As AP noted last weekend, the case also "spawned a landmark expert report that identified vulnerabilities in the election system used in Georgia that led [the US Dept. of Homeland Security's Cybersecurity and Infrastructure Security Agency (or CISA)] to issue an advisory" to all jurisdictions around the nation that use the same equipment, recommending they immediately apply security patches produced by Dominion to mitigate at least some of the systems' known insecurities. Raffensperger stunned the federal court in Atlanta earlier this year when his office announced they do not plan to apply the recommended security patches until after the 2024 Presidential election in the highly contested swing-state.

Perhaps most famously (or infamously?) the Curling case also resulted in the revelation of the January 7, 2021 statewide voting system software breach in Coffee County, GA. That led to the criminal indictment of Sidney Powell and four others, with Donald Trump, in Fulton County D.A. Fani Willis' sprawling racketeering conspiracy case against the former President and 18 alleged co-conspirators. The revelation of the unprecedented Coffee County breach, copying and Internet distribution of Dominion's sensitive software occurred when Atlanta bail bondsman, Scott Hall (who, along with Powell, has since pleaded guilty in the indictment), called and essentially confessed the entire plot to one of the plaintiffs in the 'Curling' case, who was smart enough to record the phone call. That call was originally aired by The BradCast in May of 2022.

That plaintiff, MARILYN MARKS, longtime, indefatigable election integrity champion and Executive Director of the non-profit good government group, Coalition for Good Governance, is once again our guest on today's program, as she and her team prepare for trial against Raffensperger and GA, now set by Judge Totenberg to begin on January 9th.

Late last week, Totenberg released a 135-page Opinion and Order [PDF], denying the State's attempt to dismiss the case and setting a trial date. For clarity, she took pains to note: "the record evidence does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation's leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs' case in the long course of this litigation."

In the Order's conclusion, the federal judge emphasized: "The importance of the security, reliability, and functionality of state election systems, classified by the U.S. Homeland Security Department as critical national infrastructure, cannot be overstated in a world where cybersecurity challenges have exponentially increased in the last decade. The dynamics of how a breach in one part of a cyber system may potentially carry cybersecurity reverberations for the entire system for years to come exemplifies the important concerns raised in this case."

But, Totenberg also writes in her ruling that she is unable to order the use of a new voting system for the State, asserting that only the Legislature may do that. Thus, she urges the parties to find a compromise resolution. Nonetheless, as Marks explains today, this same judge, who will oversee a bench trial without a jury, found the old Diebold systems so dangerously deficient nearly five years ago, that she not only found them unconstitutional, she barred their use in any further Georgia elections.

"We've never asked for her to order hand-marked paper ballots," Marks clarifies today. "That ultimately just becomes the default, because state law already says that if the electronic system is not working, hand-marked paper ballots is what you go to. That's what the law says." She notes that Judge Totenberg "has the power to enjoin unconstitutional behavior, and that's what we are asking her to do."

"No amount of software patching is going to fix this Constitutional problem. No amount of so-called auditing. You can't do a real audit with those machine-printed ballots," argues Marks. After an election, only hand-marked paper ballots can be known to have been verified by the voter. Studies have found that voters didn't notice more than 93% of the time when a touchscreen voting system flipped their vote on a computer-printed paper ballot summary.

Last week, in Northampton, PA's elections, similar touchscreen Ballot Marking Devices to those used all across GA were showing voter selections one way on the screen in two different contests, in some cases, but printing the opposite on the paper that gets tallied. Imagine if that occurred in even one precinct next year in GA with Trump on the ballot. That is among the nightmare scenarios Marks is hoping to side-step by forcing the state to finally dump their insane --- and insanely expensive --- statewide system.

She says the solution is simple and inexpensive and can be done immediately. Emergency hand-markable paper ballots are already required at every precinct in the state. Just print more of them, and use the existing scanners in each polling location to tally them. "70% of Americans vote this way. This is not hard," Marks asserts. "Of course, the State pretends that it would take rocket science to make this happen."

There is, to say the least, much at stake in this upcoming trial, even as it is not receiving nearly the amount of attention of the other election-related case underway in GA right now, the Fulton County criminal case against Trump and his co-defendants. On that, we have some news as well on today's program, including...

• An attorney for defendant Misty Hampton, the former Coffee County Elections Director, claims he is the one who leaked video proffers of Powell, Hall, and Trump attorneys Ken Chesebro and Jenna Ellis to the media. But is he really?
• Willis is seeking the jailing of co-defendant Harrison Floyd for attempted witness intimidation. He is among those indicted in the conspiracy for threatening Atlanta election workers Ruby Freeman and her daughter Shaye Moss over false claims that they carried out ballot fraud in 2020.
• And Freeman and Moss are now seeking between $15 and $43 million from former NYC Mayor and Fulton County co-defendant Rudy Giuliani in their civil defamation trial against him in federal court. The Judge in that case has already found Giuliani liable. The D.C. trial set to begin in December against him will now determine how much he'll have to pay to the two women.

Finally, Desi Doyen joins us for our last Green News Report before our Thanksgiving break! We will be off --- from both The BradCast and GNR next week. So we send our best and thanks to everyone! We will return after the holiday...

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