As the ingenious GOP on GOP rebellion continues in the U.S. House today, we cover that and some clarifying new insights from the 2022 elections regarding the "red wave" that never came (as we long told you it wouldn't) on today's BradCast. [Audio link to full show follows this summary.]

Day 2 of the GOP Rebellion Without Any Actual Cause That I Know Of continued on Wednesday, with Republicans failing on Ballots 4, 5 and 6 to secure a majority of votes of those present and voting for any candidate for House Speaker. The Democratic nominee on every ballot, their new leader Hakeem Jeffries, continued to be the top vote-getter in every round, receiving a unified 212 votes on each ballot.

On the GOP side, their leader Kevin McCarthy received just 201 votes on each of Wednesday's three ballots, down one vote from the third vote yesterday and still well shy of the 218 votes needed for a majority. The new trick today from the Republican "rebels" was nominating African-American second-term back-bencher Byron Donalds of Florida to be Speaker even though (or, perhaps, because?) he pleaded guilty to felony bribery charges back in 2000 in a scheme to defraud a bank. A bit on-brand for today's GOP but otherwise perfect for the job!

There were a few tiny nuances and the slightest movement (away from McCarthy and toward the Gaetz/Boehbert-led rebel group of 20) in the afternoon's three rounds of voting. We'll see what, if anything, happens when they reconvene for an evening session at 8pm ET on Wednesday night. (They just reconvened. The GOP moved to adjourn until Thursday at noon, and won that chaotic vote by the barest of margins.)

But, hey, so far, for two days in a row, the GOP House has been unable to do any legislative damage to the country!

Next, it's on to our guest today, the great TOM BONIER, master Tweeter and CEO of the Democratic data research firm, TargetSmart. Bonier joined us on the program a number of times since late last summer, in the run-up to the 2022 elections and in the days that followed. He was one of very few publicly on record (along with Simon Rosenberg of New Democrat Network) who presented hard data that correctly countered the false "red wave" narrative promulgated in the months before last year's November midterms.

Over the weekend, the New York Times ran a 4,000-word analysis headlined "The 'Red Wave' Washout: How Skewed Polls Fed a False Election Narrative". It explores no small amount of what we'd been trying to tell you since early last spring. Namely, that Democrats were likely to do much better than both history and professional pundits were telling you, and that, as Bonier and Rosenberg detailed in the face of mockery by some last year, the polls late in the season were actually misleading voters.

Specifically, as the paper reports, beginning in September last year, a bevy of partisan Republican polls with dodgy methodology were released, almost all suggesting the GOP was on the verge of not only a "red wave" election but a "red tsunami". The partisan numbers, cited with great excitement by rightwing media outlets initially and then by non-rightwing media, seemed to conflict with polls from most legitimate, nonpartisan polling outfits. But the public release of a ton of partisan polling served to game the polling averages at highly-trafficked forecast sites like 538 and RealClearPolitics. More disturbingly, the skewed numbers resulted in Democratic campaigns changing strategies and spending in hopes of shoring up otherwise safe seats, while abandoning races --- such as U.S. Senate contests in Wisconsin, Ohio and North Carolina and a bunch of House districts around the country --- that were almost certainly otherwise winnable.

Why did this happen? Was it a concerted strategy by Republicans to game the public polling averages? And, if so, why did the supposed polling gatekeepers --- like Nate Silver at 538, who dismissed and mocked folks like Bonier and Rosenberg for relying on "hopium" in their accurate data analysis --- fail to protect against the partisan manipulation? Also, while the Times analysis suggests otherwise, did those false numbers actually serve to goose Dem turnout in some races last year?

In short, when I ask Bonier directly today if Republicans figured out last year how to game the polling averages, he responds, "Yes. Simply, yes. That's what happened. And it couldn't have happened without others playing along with it and empowering it."

"In the end, they were successful," he tells me. "Were they successful to the point where they were able to create a red wave? No. But they were successful to the point where Republicans won some races that I don't think they would have without this happening."

So, what to do about it moving forward? We dig into details on that and much more with Bonier today, and also get his insight into whatever the hell is going on in the Republicans' dumpster fire failure to select a House Speaker to begin the 118th U.S. Congress after two days (and counting) of trying...

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Well, we're back on today's BradCast --- like it or not --- after our holiday break, with a head cold (but not COVID) and a doozy of a day in Washington D.C.! [Audio link to full show follows this summary.]

For the first time in 100 years, the party in charge of the U.S. House --- which would theoretically now be the Republicans --- adjourned on the first day of the new, 118th Congress without electing a House Speaker.

After three ballots in which he failed to win the 218 votes needed, Republican Majority Leader Kevin McCarthy of California actually lost one of his votes on the third ballot to Republican Jim Jordan. The Ohio right-winger received 20 votes in the third round of voting, even after he had actually been the one to nominate McCarthy on the second round. And even after McCarthy had desperately attempted to broker deals for votes up until this afternoon.

On all three ballots, Democrats remained unified behind their new leader, Hakeem Jeffries of New York. He received 212 votes to McCarthy's 203 in the first and second round. McCarthy won only 202 on the last ballot before Republicans decided to adjourn for the day and regroup before trying again tomorrow. While Jeffries won more votes than anyone else on all three ballots, a majority of members present and voting is required to win the Speakership. That number today --- and presumably tomorrow --- is 218.

Without a Speaker, no business in the House can proceed. Given the silly business planned by the GOP majority in the House, that's no great loss. Back in December of 1855 it took until February of 1856 for a speaker to be chosen. But since the Civil War, there has only been one time until today --- way back in 1923 --- that the majority party was unable to elect a Speaker without multiple ballots. It remains to be seen how long it will now take Republicans to select a Speaker this time, as at least 20 GOP "rebels", led by Florida's Rep. Matt Gaetz, appear to be "Never Kevins" for the time being, with no particular Plan B in sight.

House Dems, of course, are eating it all up, as they should. We'll see how it goes tomorrow.

Also today, we catch up with a few items we missed while away over the holidays. Specifically, some of the remaining statewide contests in Arizona, one of which was still somewhat up-in-the-air before we left in the formerly "red" state.

Over the holidays, the GOP's gubernatorial candidate and Donald Trump "Mini-me", Kari Lake, saw her election challenge dismissed by a Maricopa County Superior Court Judge after she was certified to have lost by some 12,000 votes out of more than 2.5 million cast. Her victorious opponent, Democrat Katie Hobbs, was sworn in as the state's new Governor on New Years Day after receiving a generous hand-written note of welcome from her not-insane Republican predecessor, Gov. Doug Ducey.

But the incredibly tight Attorney General's race in the Grand Canyon State was still facing an automatic recount through the holidays after Democrat Kristin Mayes was certified as having defeated 2020 election denier Abe Hamadeh by just 511 votes.

At year's end, the state's mostly machine-recount wrapped up, with Mayes remaining victorious over the Republican by 280 votes. That's actually a fairly sizeable vote shift for a machine-recount, with most of the changes being attributed to "human error" in the original count in Republican-heavy Pinal County.

Hamadeh, like Lake, vows to continue to challenge the results. Nonetheless, Democrats in the state were sworn in to office for Governor, Sec. of State and Attorney General on January 1. Arizona's Democratic U.S. Senator Mark Kelly was sworn in for his first full six-year term today in D.C. after also winning election in the state in November, as the fall-out and disarray from the Trump Era for Republicans continues from D.C. to Phoenix and beyond.

Happy New Year!

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Before our Holiday Hiatus, we wrap up the year on today's BradCast with a look both back and forward along with one of our favorite regular guests. [Audio link to full show follows this summary.]

But, first up today, I've noticed a number of folks from what I describe as the Left's "Contrarian Industrial Complex" --- comprised of some of the same folks who, like most of the Right, also fell for Trump's cons about Russia, COVID, 2020 election fraud, etc. --- now falling for the many new cons and lies being propagated by Latter Day Trump, Elon Musk, on Twitter.

The continuing public prat falls from the world's previously richest man (at least until he bought Twitter for about $30 billion more than it was worth, began driving it into the ground, along with the stock price of Tesla) are too numerous and ridiculous to detail here tonight. But one of Musk's latest and greatest scams at his social media site since since taking it over and blowing it all up deserves quick notice today. Specifically, the scam that resulted in Musk's temporary "permanent suspension" of a number of top journalists late last week, including recent in-studio BradCast guest, Steve Herman of Voice of America.

As you probably know, those suspensions happened as part of the fallout from what Musk described as a stalker incident that threatened him and/or his family. He blamed it on a Twitter account that tracks the whereabouts of his private jet based on publicly available data. He likened the posting of that information as "assassination coordinates" and then banned journalists from Twitter who had simply reported on his original suspension of the @ElonJet account.

As it turns out, however, Washington Post dug into the story over the weekend to report that the original incident appears to have had absolutely nothing to do with that Twitter account. Two of its journalists, both of whom had also been suspended by Musk, report that the incident between the alleged stalker and a member of Musk's security team actually "took place at a gas station 26 miles from Los Angeles International Airport and 23 hours after the @ElonJet account had last located the jet’s whereabouts."

Moreover, The Guardian reports today that Musk's tweet about the "crazy stalker" who supposedly followed a car carrying one of his children, may have been even more misleading than previously known. According to their report of a statement obtained from the South Pasadena Police Department, "a member of Elon Musk’s security team is currently a suspect in the investigation, not a victim."

The full story --- and its subsequent fallout, including Musk holding a poll on his Twitter account on Sunday in which a majority of users voted for him to step down as Chief Twit --- is sort of the perfectly insane way to end 2022. Whether at the social media site at year's end or in the U.S. House of Representatives next month, when the GOP is set to regain a slim majority, "the inmates have literally taken over the asylum," as our guest notes today.

We're joined for our final show of the year by old friend, award-winning Salon columnist and Hullabaloo's OG blogger HEATHER DIGBY PARTON. She's been with us for post-game analysis following every single one of this year's ten or so hearings held by the bipartisan House Select Committee investigating the January 6th, 2021 insurrection at the U.S. Capitol and the former President's many failed attempts to steal the 2020 Presidential election from the American people. She joins us once again today for that and more.

Among the topics of today's lively discussion...

• The House J6 Committee's unprecedented referral of a former U.S. President on four criminal charges, including Insurrection, to the U.S. Dept. of Justice at their final hearing on Monday;
• The critical importance to the nation of real accountability for Donald Trump;
• Whether potential criminal charges against him will hurt or help his political fortunes for 2024;
• The extraordinary success of the House J6 Committee as its mission comes to a close along with this session of Congress;
• Whether GOP House leader Kevin McCarthy will actually be able to close the deal this time and win the Speakership in 2023 among his fractured caucus (and what may happen if his caucuses asylum inmates have their way);
• What we should expect from the Democrats' new leader in the House, Rep. Hakeem Jeffries;
• And how to make any sense at all of Elon Musk and his ever-increasing Twitter madness.

Finally, Desi Doyen delivers what is also our final Green News Report of 2022, with all of the good news and bad (even at holiday time!), that you've come to expect from the nation's preeminent, twice-weekly, six-minute environmental radio news feature.

Please enjoy the show. We'll see you next year. And here's to a happy and healthy holiday season for all and perhaps a less insane 2023...though I wouldn't count on it...

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IN TODAY'S RADIO REPORT: Climate change is profoundly disrupting the Arctic, new report from NOAA finds; Rapid oil and gas expansion poses an existential threat to the world's forests; PLUS: European Union agrees to enact world's first carbon import tariff... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Arctic blast takes aim at U.S. for Christmas, New Years; Internal documents reveal Big Oil's plan for profiting amid climate pressures; Musk pumps climate cenial on Twitter; What to expect from California's new rooftop-solar plan? More batteries; Clouds: One of climate change's great mysteries is finally being solved; U.S. carbon farming takes root; Drought emergency declared for all of Southern California; Florida lawmakers force homeowners to buy insurance... PLUS: Children of India's burning coalfields dream of a fire-free future... and much, MUCH more! ...

Nope. The 2022 midterms still aren't fully over. At least not on The BradCast, where we're still following every last vote to the bitter end. But that's not all we have for you today. [Audio link to full show is posted below this summary.]

In fact, we cover all of the "E" stories on today's program, including Elections, Energy and the Economy, if not necessarily in that order...

• As if the good news of cheap, renewable energy like wind and solar wasn't bad enough for them, the Big Fossil Fuel boys already seem to be freaking out about today's news regarding a major breakthrough in nuclear fusion technology and the possibility that it could eventually result in clean, virtually unlimited, carbon-free energy.

• New AAA numbers reveal that Joe Biden has lowered gasoline prices in the U.S. to less than they were before Russia's war on Ukraine! (If it was all his fault the price went up, he gets all the credit when it comes down, right?)

• New numbers from the Labor Department today reveal that Joe Biden has Joe Biden has almost ended inflation in the U.S.! (See above.)

• Colorado has finished their "recount" for the U.S. House seat in the state's 3rd Congressional District between incumbent Republican nut Lauren Boebert and her Democratic challenger Adam Frisch. After computers retallied all of the ballots (rather than hand-counts) Boebert was declared the winner by just 546 votes out of more than 325,000 votes cast, in a district which all forecasters saw as "solid Republican". Happily, because the Republican won in this case, there were no death threats to election officials or armed insurrections in response.

• Boebert's razor thin victory means the GOP will have 222 House seats in the next Congress beginning in January to the Democrats' 213. While they lost just 9 seats in in the lower chamber, and the majority along with them, it was an extraordinary midterm election for a party controlling both chambers of Congress and the White House. In addition to holding all of their Senate seats and even flipping one from Red to Blue (a feat not matched since 1934 for a party that controls the White House), Democrats also won Governors races in red states and flipped state legislative chambers in a way that just doesn't happen in this kind of midterm election. Dems won trifecta control (the Governor's office, plus majorities in the state House and Senate) in four more states this year: Michigan, Minnesota, Maryland and Massachusetts. They also held off GOP supermajorities in states with Dem Governors such as North Carolina and Wisconsin. In fact, taking back the majority in the U.S. House, by the barest of margins, is perhaps the only thing the GOP can feel good about this year. Even there, the average pick up is about 20 or 30 seats in elections like this one. And Republicans may have a difficult time electing a House Speaker in January, depending on how things go in the weeks ahead for GOP House Leader Kevin McCarthy.

• But there are still a number of midterm recounts and legal contests underway in various spots around the nation. Yesterday, we discussed the recount now underway in the Arizona Attorney General race, after the Democratic candidate, Kris Mayes, was certified to have defeated Republican Abe Hamadeh by just 511 votes out of more than 2.5 million cast. Sadly, as in CO, AZ "recounts" with computers instead of by hand. In Massachusetts, meanwhile, they do it correctly (by hand). Thankfully so. Because a hand recount for a state House of Representatives seat, in which the Democrat initially lost to the Republican incumbent by 10 votes, has resulted in her winning the seat by just one. single. vote. The Republican incumbent is, naturally, filing a lawsuit in response.

• And then there's the battle for control of Pennsylvania's House of Representatives, where Democrats appear to have won the majority from Republicans for the first time in more than a decade. They flipped a net total of 12 seats last month to take control of the House by the barest possible margin, 102 to 101. But then the confusion began. One Democrat actually died back in October but won reelection anyway. Two others also won races for higher office (Lt. Gov and U.S. House) and resigned after the 2021-22 session officially ended on November 30. But now, there is a battle, including in court, for who gets to decide when the special elections to fill all three vacant seats takes place, and who will be elected as House Speaker when the new session officially begins on January 3. We try to make sense of the legislative mess in the Keystone State which even a longtime PA journalist we spoke to is having trouble making sense of!

• Finally, Desi Doyen joins us for our latest Green News Report, with news on a massive Keystone Pipeline spill in Kansas; New evidence of Big Oil's big lies about their pretend commitment to tackle climate change; And news on the nuclear fusion breakthrough announced today by U.S. Energy Secretary Jennifer Granholm...

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IN TODAY'S RADIO REPORT: The Keystone Pipeline spills again, this time in Kansas; Surprise! Big Oil is greenwashing and deceiving the public about its clean energy investments; PLUS: U.S. scientists reportedly achieve nuclear fusion breakthrough... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): African countries are tapping their fossil fuel wealth. Why aren’t they getting rich?; Climate change is driving millions in Africa to 'raging food catastrophe'; Britain approves new coal mine despite climate concerns; U.S. clean energy held up in permitting; L.A. City Council votes to ban Styrofoam, single-use plastics; Truck makers lobby to weaken U.S. climate policies; That empty space next to highways? Put solar panels on it; Misinformation on clean energy rampant in the Heartland... PLUS: The myth of plastic recycling.... and much, MUCH more! ...

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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It could have been much worse. That seems to be the message from our guest on today's BradCast after yesterday's oral argument in the U.S. Supreme Court case that could blow up everything we know about American elections, including some 233 years of otherwise settled election laws in all 50 states. We'll hope he's right. [Audio link to full show follows this summary.]

But, first up today, some less ambiguous good news to kick things off. WNBA star Brittney Griner is on her way home from Russia, where she has been held as a prisoner for at least 8 months after authorities found less than a gram of cannabis oil in a vape cartridge in her suitcase. Her release comes as a swap for a notorious Russian arms dealer, but fails to include the release of Paul Whelan, an American imprisoned by Russia for nearly four years, who many hoped would also be included in the trade.

Griner's wife joined President Biden at the White House on Thursday to announce the good news, while urging the release of Whelan, whose brother praised the Administration for making "the right decision to bring Ms. Griner home, and to make the deal that was possible, rather than waiting for one that wasn’t going to happen."

Also on Thursday, more good news in D.C. as the U.S. House approved the Respect for Marriage Act (RFMA) with all Democrats voting in favor with almost 40 Republicans. Shamefully, 169 Republicans voted against recognizing the marriage rights of same-sex and interracial couples. The bill was passed by the U.S. Senate last week (also by all Democrats and opposed by the majority of Republicans) and now heads to the President's desk for his signature. Even though 2015's Obergefell ruling at the U.S. Supreme Court made marriage equality the law of the land in all 50 states, federal lawmakers determined a statutory backstop was necessary after far-right activist Justice Clarence Thomas called for reconsidering the Obergefell decision when he voted with the Court's corrupted rightwing majority to overturn Roe v. Wade earlier this year.

We're joined today by Slate's longtime legal journalist and SCOTUS expert MARK JOSEPH STERN. Last month, he responded to progressive critics of the RFMA who felt it should have gone farther to require all states to license same-sex marriages --- as Obergefell currently does --- rather than simply mandating that states legally recognize such marriages. Today, Stern breaks down his legal argument for why he believes those critics are wrong about the new, landmark federal statute and notes that, "as a progressive in a same-sex marriage, I feel like I have some skin in the game here."

But, our initial reason for booking Stern today was to discuss Moore v. Harper, the ridiculous --- if wildly dangerous --- case heard by the Supremes on Wednesday. As discussed on yesterday's show with FairVote's David Daley, who attended the oral argument, if a majority on the Court agrees with North Carolina Republican petitioners, the fallout for American elections from Moore will be "seismic".

The case argues that a fringe, so-called "Independent State Legislature" theory found in the U.S. Constitution's Elections Clause, means that only State Legislatures may craft specific state rules and laws for federal elections and may not be overruled or even reviewed by gubernatorial vetoes or state court review to ensure those laws meet requirements of state Constitutions. Even voter-approved ballot initiatives would be considered unlawful.

It would, in the case of Moore, allow North Carolina Republicans who control the gerrymandered majority in the evenly-divided state Legislature to gerrymander U.S. House districts however they like, even after the state Supreme Court determined their partisan gerrymander violated the state Constitution. By the same theory, a majority opinion in favor of the NC GOP, by the rigged 6 to 3 SCOTUS, could also allow state Legislatures to simply choose whichever Presidential Electors they preferred, even when voters voted otherwise. Yes, it's just that insane and, arguably, should never have even been heard at the High Court.

The good news today, is that, after yesterday's hearing --- when the "Court's most conservative justices got outplayed," as Stern reported at Slate --- he now believes the worst-case scenario is far less inevitable. "Those of us who’ve been ringing the alarm over this dangerous theory --- and who've been disgusted by the campaign to drag it from the far-right fringe all the way to the Supreme Court --- can take solace that these capable lawyers exposed [the Independent State Legislature theory] as an utter fraud," he wrote last night.

"Even though we have a ton of rules in every single state's Constitution that have been enforced for 230+ years, this theory says that all of those are invalid, we've been doing it wrong the whole time," Stern told me today, adding that he "heard maybe two votes for that position" during oral argument on Wednesday.

"But then, once you get into the more compromise positions, it gets harder to gauge," he warns. "I don't think the Court is going to totally cut out state Constitutions and state statutes from federal elections. I don't think that the Court is going to go as far as Republicans want. I think that there's a chance that the Court could issue a decision that is bad but not catastrophic, that essentially says that, as a general principle, state courts can regulate elections, but that federal courts get to double-check their work and decide if they got it wrong."

"But we have to be, when this decision comes down, really vigilant about drawing any conclusions before we figure out exactly where they land." If Federal courts can review state court rulings that are regarded as "egregious," Stern says he could live with that. But if they allow state courts only "mild deference," he explains, "that's no good, because that is really not how we do things in this country. State courts have the final say over the meaning of state law in almost all circumstances. And if we take that away, then it is just empowering this conservative super-majority on SCOTUS to decide all these cases in favor of Republicans."

Given the ridiculous basis for the Independent State Legislature theory --- that we've been doing it all wrong for more than 230 years since the nation's founding, but nobody noticed until now --- there would be hundreds of election laws in all 50 states that could then be challenged in federal courts. It's all somewhat ironic given that this fringe interpretation of the Elections Clause was, itself, built on "a fraudulent document that purported to be an account of the Constitutional Convention" that, as early as the 1800's, was described as "fake" by James Madison, "who actually did write the definitive account of the Constitutional Convention," notes Stern.

Much more on all of that today and, before he leaves, a quick explanation of how "stupid" the case heard earlier this week by SCOTUS regarding a web designer in Colorado who refuses to design a website for same-sex marriages actually is. Hint: She "has never been asked by any couple, gay or straight, to make a wedding website for them. Yet she sued before anyone could ask her, and argued that Colorado's civil rights law was infringing on her freedom of speech."

Finally, we're joined by Desi Doyen for our latest Green News Report with both good and bad news, as per usual, when news broke late from CNN that, according to their sources, the U.S. Dept. of Justice has asked a federal judge to hold Donald Trump in contempt for failing to comply with a subpoena ordering him over the summer to turn over classified records he stolen upon leaving the White House.

It turns out that it may have been an even better day today than we originally thought...

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Democracy had a good night in Georgia on Tuesday night, before facing a brand-new nightmare by Wednesday morning at the far-right U.S. Supreme Court. We cover both on today's BradCast. [Audio link to full show follows this summary.]

The final votes of the 2022 midterms have at last been cast --- though some counting and recounting remains --- and Georgia's Democratic Sen. Raphael Warnock has been re-elected to his first full 6-year term in the U.S. Senate. His apparent defeat of Herschel Walker, loser Donald Trump's personally selected candidate in Tuesday's runoff election in the Peach State, caps a string of contests that the GOP arguably could have or should have won across the country in a midterm year like this one. But they chose to go with the far-right, loony-tunes candidates preferred by the disgraced former President instead.

After picking up a Senate seat this year, Democrats are set to hold an outright 51 to 49 majority in the upper chamber beginning in January, even as they narrowly lost their majority in the U.S. House. We discuss what all of that is likely to mean and review several remarkable historic milestones for Democrats in this year's anything-but-red-wave midterms.

After a late night of celebration, it was an early morning of worry, as the U.S. Supreme Court heard Moore v. Harper. We have long warned of the dangers of this case for American elections as we know them. The dispute comes from a challenge filed by North Carolina Republicans after the state's Supreme Court nixed partisan U.S. House maps gerrymandered by the state's GOP legislature. The state court ordered new, fair maps to be drawn instead for 2022, when Republicans and Democrats would evenly split the state's 14 House Districts, winning seven seats each in the closely divided state.

But state Republicans sued, arguing a novel, never-before-approved-by-SCOTUS legal theory they've recently discovered in the U.S. Constitution's Elections Clause called the "Independent State Legislature" theory. They argue that the Constitution mandates that state laws regarding federal elections may be created only by state Legislatures and that no judicial review by state courts is allowable.

That means, as argued in Moore, that partisan-gerrymandered Legislatures may create election laws that cannot be vetoed by Governors or overruled by state courts or constitutions. The theory holds that even voter-approved ballot initiatives could suddenly be found unlawful and those same state legislative bodies could also select whoever they wish to be Presidential Electors no matter who state voters actually selected. It is just that insane. But it's actually in front of a corrupted, stolen and packed right-wing SCOTUS on which a radical majority may offer its blessing.

"The blast radius from their theory would sow elections chaos," warned former acting Solicitor General Neal Katyal, one of the three attorneys who argued on behalf of respondents to NC's Republican petitioners, "forcing a confusing two track system with one set of rules for federal elections and another for state ones" with "case after case" being brought before SCOTUS challenging long-established election laws in all 50 states as adopted over the past 233 years.

Gerrymandering expert and author DAVID DALEY of FairVote was in the Courtroom to witness the proceedings at SCOTUS Wednesday morning and joined us this afternoon from the U.S. Capitol to help unpack it all.

"The consequences for this case are seismic," Daley warns. "This is yet another case that could shake the very foundation of our democracy if the court were to find that state legislatures face no constraints, either from a Governor's veto or from a state constitution, or the state Supreme Court, in how they create election law, how they certify elections, how they draw redistricting maps. It would give these state Legislatures complete, unfettered power to effectively do as they will. And that is a terrifying prospect."

We discuss what he describes as the "bonkers" ISL theory and whether, as AP argued today in its coverage, Daley agrees that there were "at least six Supreme Court justices" who "sound skeptical of making a broad ruling that would leave state legislatures virtually unchecked when making rules for elections for Congress and the presidency."

Says Daley, based on what he witnessed at the High Court this morning: "I would say that there were three Justices who were opposed --- the three liberals, Jackson, Sotomayor and Kagan. There were three who seemed very much on board in Thomas, Gorsuch and Alito. And there were three that I would define not as 'skeptical' but as 'Independent State Legislature-curious'. And I don't think they were looking for a way to knock a bonkers theory down."

Tune in for much more on today's program...

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Let's enjoy the good news on today's BradCast --- and we've got quite a bit of it --- because things may or may not be as bright tomorrow, as returns come in from the U.S. Senate runoff in Georgia and the corrupt rightwing U.S. Supreme Court hears a case they may use to undermine American democracy as we have known it for more than 200 years. [Audio link to full show follow this summary.]

But, for tonight, at least, there is a whole bunch of good news regarding a whole bunch of bad news for our disgraced former President...which is great news for everyone else...

• A New York jury in Manhattan took little more than one day to find the Trump Organization guilty of all criminal state tax fraud charges brought against it --- 17 counts in all. That follows its longtime Chief Financial Officer, Allen Weisselberg's guilty plea on 15 counts of fraud. He's set to receive about five months in prison after his plea and agreement to testify against the company. A company, however, can't be sentenced to prison, so a fine will be levied instead. But the Manhattan D.A.'s office may have other plans for criminal charges against Donald Trump, which we discuss as well today.

• Meanwhile, Trump is now claiming that he didn't say what everybody saw him say, when he called for the "termination" of the U.S. Constitution over the weekend. It was, of course, part of his continuing effort to pretend the 2020 Presidential election that he lost was actually stolen from him. More disturbing, however, is the lack of elected Republican officials who, while pretending to be "Constitutional conservatives", are unable to say whether Trump's comments disqualify him from becoming President again.

• But, back to brighter news as we continue to try and keep track of accountability for at least 56 known criminal violations of law by the former President since he first ran for office. (That doesn't include all of the civil violations, such as the $250 million lawsuit filed by New York Attorney General Letitia James against him, his company and his three oldest children on state tax fraud violations.) The Manhattan D.A.'s office of Alvin Bragg, which successfully prosecuted the criminal tax fraud cases against the Trump Organization, has made a new hire that suggests the office may be eyeing new criminal charges against Trump himself this time. We 'splain.

• Also on Tuesday, the Chair of the bipartisan U.S. House Select Committee investigating the January 6 insurrection and Trump's many failed attempts to steal the 2020 election, said that the panel will be making criminal referrals to the U.S. Dept. of Justice before year's end. That may or may not be bad news for Trump himself and many others in the MAGA Cinematic Universe. But it almost certainly ain't good news for any of them.

• Also also on Tuesday, it is being reported that Jack Smith --- newly tapped by Attorney General Merrick Garland as Special Counsel overseeing the DoJ's federal criminal probes into January 6, the documents stolen by Trump from the White House, and any other matters related to either of those cases --- has issued his first subpoenas since taking his new position. Officials in Wisconsin, Michigan and Arizona according to Washington Post, as well as in Pennsylvania, as confirmed by AP, have all recently received demands from Smith for "any and all communications with Trump, his campaign, and a long list of aides and allies."

It's going to be a very long rest-of-his-life for Donald Trump --- unless he pulls a Ken Lay first. Of course, we wish him nothing but the best.

• And, finally, we finish up today with Desi Doyen and our latest Green News Report, including news on the electric grid attack in North Carolina; Russia targeting energy infrastructure in Ukraine (a war crime); and EV sales now surging in U.S. and across the globe...

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Of course, just as COVID and other respiratory viruses are surging in L.A. (and California, and much of the rest of the country), we have our first in-studio guest on The BradCast since the pandemic. Oh, well. Wish us luck! [Audio link to full show is posted below this summary.]

We're joined today by the great STEVE HERMAN of Voice of America who spent some 26 years covering various regions in Asia and serving as VOA correspondent and Bureau Chief in India, Korea, Thailand. In 2016, he returned stateside to serve as VOA's Senior Diplomatic Correspondent, for a brief stint, before becoming the eight decade-old, U.S. funded media outlet's White House Bureau Chief. After serving 4 totally easy-peasy years at the White House during the Trump Administration and several months during Biden's, Herman is now on the road as VOA's Chief National Correspondent covering the 2024 campaign. (I know, I know...we're not even done with 2022 around here!)

In a broad, in-studio conversation today --- including questions from listener callers --- we cover, among many other things...

• Herman's initial visit to the Fukushima nuclear plant just after the 2011 meltdown disaster...without any sort of physical protection! (That was when he first appeared as a guest on our program.)

• How VOA stands virtually alone as a state-funded news outlet given its special charter, a "firewall" enshrined by federal statute that prevents the government from meddling in its coverage. "The White House, or even the head of our parent agency, the U.S. Agency for Global Media, cannot tell me or my editors what we have to report or cannot report. They cannot be involved editorially," says Herman.

• How and why that makes VOA different from state-funded propaganda outlets in Russia, China, Iran and elsewhere. "I like to say VOA is probably the only news organization in the world that is mandated by law to be fair and effective," Herman explains. "In that charter it says we must reflect the different views of what's going on in the United States."

• "Facts are facts," he tells me, regarding so much mis- and disinformation by both the Right and Left. "What they are reporting at RT [Russia Today] and Sputnik is not factual, especially about the war in Ukraine. ... It's a situation that we see from Chinese state media and Iranian state media. And this goes back all the way to why VOA was created after the start of World War II, because you had Nazi Germany on the airwaves, uncontested to a great degree, spitting out anti-American and pro-Nazi propaganda. What VOA was set up to do was to tell the audiences, initially in German and also in Japanese, what's going on with the war, whether it's good or bad."

• The efforts by the Trump Administration, while Herman served as VOA's WH Bureau Chief, to affect the agency's news coverage and attempts to pressure Herman himself. "When these things have happened over the decades in various administrations, it also demonstrates that VOA is not a propaganda service," he argues. "If it were a propaganda service, we would not be getting complaints from within the United States government on some of the stories we've been doing."

• - Herman's thoughts on the insane response by Donald Trump over the weekend to Matt Taibbi's "Twitter Files" thread detailing internal discussion/debate among Twitter executives in the run-up to the 2020 election when deciding whether or not to suppress questionably sourced reporting on Hunter Biden's laptop.

• All of that and much more, including praise for sushi in Los Angeles from a guy who worked for decades in Asia!

Also covered today, a few news headlines at the top of the show...

• Flu, COVID and other respiratory illness is "off the charts" in California, Los Angeles County and elsewhere around the country.
• Russia's latest missile assault on civilian infrastructure in Ukraine, and the nearly 600 documented cases of apparent war crimes by the aggressor nation since Putin's invasion in February.
• The apparent coordinated domestic terror attacks on electric substations in Moore County, North Carolina that has knocked out power and water to tens of thousands of residents.
• Early voting is over and Election Day now awaits on Tuesday in Georgia's U.S. Senate runoff between Democratic incumbent Sen. Raphael Warnock and Trump-backed sociopathic liar Hershel Walker.
• The weekend's aforementioned insane (and largely pointless) Twitter thread by Matt Taibbi, how it has been misreported by MAGA Republicans including Donald Trump, who dishonestly represented the reporting in order to call for "termination" of the U.S. Constitution (seriously!) in its wake...

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As early voting records are smashed and lines are obscenely long once again in advance of Tuesday's U.S. Senate Runoff Election Day, today's BradCast offers a maddening reminder of why we've been covering Georgia elections, in such detail, for so many years. [Audio link to full show follows this summary.]

Thanks to state Republicans who cut the time for runoff elections by more than half after the 2020 elections, voters across the GA are now forced to wait in hours-long lines to vote early this week in the contest between incumbent Democratic Sen. Raphael Warnock and Trump-backed former football player and unapologetic liar Herschel Walker. While early voting records are being broken, as we detailed yesterday, much of that is thanks to the GOP's SB202 voter suppression bill [PDF], adopted last year by the state legislature, supported by its Republican Sec. of State Brad Raffensperger and signed by its Republican Governor Brian Kemp.

Where Peach State voters had as many as 17 early voting days in the November 8 elections, they now have no more than 7. And with the compressed time between the general and the runoff, few are able to request, receive and return absentee mail ballots in time. Instead, voters are now being forced to stand in line to vote at polling places on the state's 100% unverifiable touchscreen computer voting systems.

We're joined today to discuss that and much more by longtime election integrity champion JEANNE DUFORT of the Coalition for Good Governance. Dufort has served as Georgia election observer for many years, representing both the Democratic and Libertarian Parties at various times in the Peach State's rural, Republican-leaning Morgan County. She is also a named plaintiff (Full Disclosure: Along with me!) in the Coalition's lawsuit challenging several of the many disturbing provisions of SB202.

Dufort offers insight today from on the ground on how things went for voters on November 8, with most of SB202's voting restrictions in place; why it's now so difficult to vote there once again in the runoff; and why voters should be concerned about the ability to know if results reported next week by Raffensperger's insecure and unverifiable touchscreen systems --- forced on voters at every polling place, instead of verifiable hand-marked paper ballots! --- will actually reflect the intent of state voters.

"You can break all the daily [early voting] records that you want and still not have enough capacity for everybody who wants to vote," she explains. "All of the bottlenecks are at check-in. They haven't been able to figure out how to get enough check-in stations to get 17 days-worth of early voting, plus people who would prefer to vote by mail but don't think they can" into the short early voting period now allotted by SB202. "Compressing all that into these seven days is ten pounds in a five pound sack."

In addition to check-in bottlenecks, the computerized voting systems don't make any of it easier or faster, particularly in an election with one single race on most ballots across the state. "It would be faster if they handed them a ballot and just marked it. That would be faster than putting the card into the machine, bringing it up, tabbing through the things, do the check and waiting for the printer. It's just stupid. When you think about marking a ballot by a pen and then watch the process on a machine, it seems amazing that somebody would spend $3,000 on a machine to do what a $1 pen would do. But here we are."

As usual, there is much much more to discuss with Dufort about all of this today!

Also on today's program...

• "Dems in array!" In a rare display of unity on the left, House Democrats voted unanimously on Wednesday for their new leadership beginning in January. New York's Rep. Hakeem Jeffries will be the first black American to head up a major political party in Congress, taking the reigns following Nancy Pelosi's historic tenure as she and the rest of the party's longtime leadership team step aside to allow a new, younger generation to take over. All of that by way of contrast with the chaos on the GOP side and whether Rep. Kevin McCarthy will be able to muster enough votes from his own caucus to become the new Republican House Speaker next year.

• With Pelosi still serving as Speaker in the lame duck session of Congress, the House passed two bills today to try and help avert a rail strike that would cripple the nation's economy. With 4 of 12 rail unions opposing a new contract negotiated with the help of the White House in September --- granting a 24% pay raise to workers, but failing to allow for paid sick days --- a bipartisan bill would force the agreement to be adopted. A second bill passed by all Democrats and only three Republicans in the House on Wednesday would mandate seven paid sick days per year. Whether either measure can now be passed in the Senate, where approval by 10 Republicans would be needed to overcome a filibuster, remains to be seen.

• And, in a unanimous three-paragraph ruling late Tuesday, the South Carolina Supreme Court ordered Trump's last Chief of Staff, Mark Meadows, to testify before the Special Grand Jury in Atlanta convened by Fulton County District Attorney Fani Willis to probe the Trump-lead conspiracy to strong-arm GA election officials into changing the 2020 results in his favor. Meadows argued he didn't have to testify due to executive privilege. SC's Supreme Court tersely responded in their order: "We have reviewed the arguments raised by [Meadows] and find them to be manifestly without merit." Ouch...

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It's another crazy day in MAGA Land on today's BradCast, as Accountability Season gets a very good start even before the 2022's Election Season fully wraps up. [Audio link to full show is posted below this summary.]

Among our stories today from Accountability Season...

• BREAKING at the top of today's program: Stewart Rhodes, founder of the far-right Oath Keepers clan (and former BradCast guest!) is found guilty of seditious conspiracy for his involvement in the January 6, 2021 insurrection at the U.S. Capitol. Fellow Oath Keeper Kelly Meggs was found guilty as well. Both now face as much as 20 years in prison on the sedition charges alone. They, and others, were also charged with Obstruction of an Official Proceeding and more. Perhaps our former President who inspired them should begin to be concerned.

• Speaking of the former guy... Earlier this month, Kremlin-linked Russian businessman Yevgeny Prigozhin, known as "Putin's Chef", boasted on social media that "we have interfered, are interfering and will interfere" with U.S. elections. "Carefully, precisely, surgically and in our own way, as we know how to do." A week or two later, longtime GOP operative Jesse Benton --- who worked for Ron Paul, Rand Paul, Mitch McConnell and Donald Trump, among others --- was found guilty on six counts related to money laundering some $100,000 for another Russian businessman before the 2016 election. He was charged with helping to funnel money to both the Trump campaign and RNC that year. As it happens, both Benton and seditious conspirator Rhodes both got their start in politics working as aides for Rep. Ron Paul. Benton is now married to Paul's granddaughter. He was charged last year (along with yet another BradCast guest --- who died shortly after being charged) just months after Trump had pardoned Benton for separate charges against him regarding campaign finance violations and bribery during the 2012 election. We 'splain the full sordid story and Russian collusion along with wistful memories of Tibetan monks and nuns and Al Gore from back in the day when Republicans used to pretend to care about unlawful campaign donations from foreign sources.

And from Election Season...

• Welp, the days are getting crazier and crazier in Arizona. On Monday, the deadline for counties there to certify election results before the state certifies all results next Monday, the Board of Supervisors in Cochise County voted against doing so. They claim they will reconsider the matter on Friday. That, despite any evidence of fraud or voting system failure in the Republican-leaning county. Katie Hobbs, the state's Democratic Sec. of State and apparent Governor-elect, quickly went to court yesterday in an attempt to force Cochise to certify their result as, she argues, they are required by law. If they don't, all of the county's voters may be disenfranchised and the results of at least one U.S. House race would flip from Republican to Democratic, along with the statewide contest for Superintendent of Public Instruction. Moreover, any remaining chance for Abe Hamadeh, the GOP candidate running for Attorney General, to overcome his current 510-vote deficit against Democrat Kris Mayes, would almost certainly be gone. As the Arizona Republic's EJ Montini snarks today, if Hobbs was gaming the system to somehow help state Dems this year, as MAGA Republicans baselessly claim, "she really, really stinks at cheating"!

• Meanwhile, Georgia voters are proving to be really, really good at early voting. They shattered all-time records for doing so on Sunday and again on Monday of this week, outpacing both Presidential and other general elections alike in the state's current runoff election between Sen. Raphael Warnock (D) and Herschel Walker (R) for \ U.S. Senate. The big turnout could be a good sign for Democrats, though that's not certain. The long wait times it is causing for many voters around the Peach State, however, is a certain disgrace. (More on all of that, I hope, on tomorrow's show.)

And in other matters...

• A bipartisan "Respect for Marriage" bill has been passed by the lame duck U.S. Senate to protect same-sex marriages following corrupt U.S. Supreme Court Justice Clarence Thomas' recent opinion with the overturning of Roe v. Wade arguing that marriage equality should be one of the next rights stolen by the Court from the American people.

• And finally, Desi Doyen joins us for our first Green News Report since returning from Thanksgiving break with a whole lotta important environmental news to catch up on from while we were gone...

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IN TODAY'S RADIO REPORT: While we were out... Rich nations finally agreed to pay climate damages to poor nations at U.N. COP27 climate summit; A quarter of Americans at risk of winter power blackouts; Buffalo, NY buried under historic, global warming-juiced blizzard; PLUS: Entire city of Houston placed under boil water notice after power failure... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'Landmark vote' gives boost to threatened sharks; How China, the world’s top polluter, avoids paying for climate damage; Biden tightens methane emissions rule amid push for more oil; Manchin’s permitting side deal on brink as GOP seeks his 2024 ouster; Why utilities resist simple upgrades to boost renewables; E-Pizza: Dominos Pizza will have EV delivery fleet... PLUS: COP27 ends with no emissions agreement: The oil era is ending anyway — because it must.... and much, MUCH more! ...

We're back for today's BradCast after some much-needed down time last week over the holiday when we tried to look the other way for a few minutes. We've got a lot of catching up to do.

Among the stories we try to catch up with today...

• MyPillow CEO and conspiracy theorist, Mike Lindell, now says he wants to become the Republican National Committee's new chair! Sounds like a perfect fit!

• The independent Special Counsel appears to be wasting no time. Even on a holiday. Prosecutor Jack Smith, recently tapped by Attorney General Merrick Garland to oversee two Trump-related criminal probes by the Dept. of Justice --- on the January 6th insurrection and the classified documents stolen by the former President upon leaving office --- jumped into the documents case on Thanksgiving Day. While we were eating turkey, Smith was filing a one paragraph argument with the 11th Circuit Court of Appeals calling out Trump's attorneys for lying during a hearing earlier in the week. That hearing didn't go well for Team Trump, despite being heard by two Trump-appointed federal judges and one appointed by George W. Bush. Smith did not make things any better for them. We explain.

• Two Trump-backed candidates in Alaska were each declared losers in the U.S. House [PDF] and U.S. Senate [PDF] races last week after weeks of counting in the state's Ranked Choice Voting midterm elections. Democrat Mary Peltola will fill the seat in the U.S. House previously held by the late Rep. Don Young, a Republican who occupied the state's only House seat for nearly 50 years. She defeated the failed former President's choice, the state's failed former Governor and Vice Presidential candidate Sarah Palin, as well as two other candidates. And, moderate Republican Sen. Lisa Murkowski, who voted to remove Trump from office during his second impeachment trial last year, was declared to have defeated Trump-endorsed GOP challenger Kelly Tshibaka. Dems will hold a narrow majority in the Senate next year no matter how the U.S. Senate runoff in Georgia between Sen. Raphael Warnock (D) and Trump-endorsed Herschel Walker (R) works out next Tuesday. But, if yet another candidate supported by the disgraced former President crashes and burns next week too, the extra seat in the upper chamber could make a huge difference for Democrats.

• Meanwhile, in Arizona, former TV news anchor and Trumpette, Kari Lake, is still pretending that she must have won the Governor's election. All of the available evidence suggests Democratic Sec. of State Katie Hobbs was the winner, albeit by less than one percent. The narrow margin, however, is just a bit higher than the trigger for a statewide recount. So, Lake is now suing the Republicans who run Maricopa County (Phoenix), on the basis that the County's print-on-demand ballot system prevented voters from voting. It didn't. Though some GOP voters reportedly chose not to cast their ballots after being told the precinct-based scanners couldn't read the hand-marked paper ballots printed at a number of the County's voting centers. Those ballots were placed into a locked box and scanned back at County HQ. On Monday, the County certified their results, and the usual parade of deplorables issued threats to the officials for doing so. The state is scheduled to certify results next week, which will be followed by a recount in the incredibly tight Attorney General contest. It is currently led by Democratic candidate Kris Mayes over Trump-endorsed Abe Hamadeh who trails by just 510 votes out of more than 2.5 million cast in the state's November midterms.

• Meanwhile, the world's largest volcano, Mauna Loa, is erupting again in Hawaii...for the first time in nearly 40 years.

• Finally, we open the phone lines today for a bit of a "reverse BradCast," where callers ring in with stuff they want me and/or the world to know about. Among the topics raised by callers: Israel, Julian Assange, accountability for Don Jr. and Eric, democracy beyond elections, and more...

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