A tranche of newly unearthed documents offer a clearer understanding of Team Trump's failed attempt to steal the 2020 election on today's BradCast, in which we also cover yet another better-than-expected Special Election Day for Democrats on Tuesday. [Audio link to full show follows this summary.]

First, some of the breaking headlines on today's horrific mass shooting at the end of the victory rally for Superbowl champs, the Kansas City Chiefs. Not much is known as of airtime, beyond one dead, more than 15 injured and two (now three) said to be in custody, according to Missouri state officials.

Then, the House GOP, on behalf of the disgraced, twice-impeached former President was finally successful on Tuesday in passing Articles of Revenge Impeachment against Homeland Security Secretary Alejandro Mayorkas. The do-over vote follows their embarrassingly botched effort at same last week. This week, they were able to pass the Articles by one single vote, 214-213, against three Republican defectors and a unified Democratic caucus for "charges" that are not even close to the "High Crimes and Misdemeanors" mandated by the Constitution. Both Articles are expected to die, one way or another, over in the Senate, where even Republicans have shown little interest in the charade.

GOP House Speaker Mike Johnson had to get those Articles passed yesterday, however, given what New York voters did on Tuesday, when the seat in the state's 3rd Congressional District, formerly held by disgraced, expelled and indicted con-artist, Rep. George Santos, was flipped from "red" to "blue" by former Democratic Rep. Tom Suozzi. He easily defeated Republican Mazi Pilip by almost 8 points in Tuesday's hotly-contested Special Election, according to the latest reported numbers. That was almost twice the margin predicted by even the most optimistic pre-election polls. The Dem victory in New York (and another in Pennsylvania on Tuesday night --- by 36 points!), again underscores the dearth of issues that Donald Trump's dysfunctional Republican Party has to run on or offer voters this year. Had House Repubs waited just one more day to vote on Articles of Impeachment, they would have lost again.

More apparent good news for voters and Democrats this week in Wisconsin, as the Republicans who control the wildly gerrymandered state Senate and Assembly have passed legislation to adopt new legislative district maps in advance of the 2024 elections, as ordered by the state's Supreme Court. The new maps are ones created by Democratic Governor Tony Evers. And though they don't promise a Dem majority for this year's elections, they do appear to be much fairer for voters. For more than a decade the GOP's gerrymandered maps resulted in nearly twice as many Rs as Ds in the state legislature in the otherwise very closely divided state. State Republicans approved Evers maps because they fear if the High Court selects a map it will be even worse for them. Evers has suggested he plans to sign the legislation.

Meanwhile, as Democrats continue to out-perform in 2024 elections, Republicans are busy in court defending their criminal efforts to steal 2020. A fake elector in Michigan on Wednesday testified that he was lied to by party officials that state legislators could select the phony Trump slate of electors over those for Biden, who state voters actually chose. This particular fake elector has decided to cooperate with prosecutors while 15 others are now facing serious jail time for their alleged conspiracy to forge phony Elector certificates.

And this week, we've got new news from the man who invented the fake electors scheme in the first place. A massive trove of emails, text messages and other documents have been turned over to Michigan prosecutors by former Team Trump attorney Kenneth Chesebro and obtained by our guest today, investigative journalist JOSH KOVENSKY of Talking Points Memo. He has been detailing the documents in a new multi-part series this week at TPM which explores the attempted coup, hoped-for chaos, and the plan to pressure friendly members of SCOTUS.

Chesebro first dreamt up the fake elector plot for his own home state of Wisconsin in 2020, before he was asked by Team Trump attorneys, such as the disgraced John Eastman and Boris Ephstyn, to apply the same scam for phony electors in about seven swing-states following Trump's loss in November. They would be instrumental to the Trump team's failed legal efforts to steal the election.

The Chesebro documents shed new light on the failed "legal coup" which, as Kovensky reports, was not meant to be a one-day insurrection on January 6th, 2021, but to result in enough legislative chaos and trumped-up "questions" about the veracity of certified election results to force the U.S. Supreme Court to eventually settle the election themselves, ala Bush v. Gore twenty years earlier.

"What they really wanted was a stalemate in Congress" on January 6th, Kovensky explains. "And in that time, they would have used that stalemate to draw the country's attention to Congress, and then use that attention to put forth the campaign's completely nonsensical theories of voter fraud. That was the idea."

"If you talk to people who were around this, they'll say, 'Yeah, the invasion of the Capitol on January 6th destroyed that plan. Because it did draw attention to Congress, but there were no members of Congress there to make the case that there was voter fraud in the election," he tells me.

"The way the legal coup was meant to proceed was by halting the count," as detailed in the new docs obtained and reported out by Kovensky. "That's the key similarity between what the rioters on Jan. 6 ended up achieving by violent means and what the lawyers were trying to achieve just by procedural means. Which was that the count would have been stopped, [but] it would have been stopped indefinitely until potentially the Supreme Court stepped in to act and appoint Trump the winner."

So how did Chesebro --- who, until now, has not appeared, at least, to be a hard-right partisan ideologue along the lines of Eastman and Ephsteyn --- find his way into the vortex of Team Trump and the "legal coup" they were hoping to pull off? What is he hoping to accomplish by turning over these documents to prosecutors in MI and elsewhere since pleading guilty to one felony charge with no jail time in Georgia last year in exchange for testifying against his fellow conspirators? Will Trump be able to use Chesebro's documents and testimony to help himself in his own trials regarding his attempt to steal the 2020 election?

All of those questions and many more asked and answered about "The Cheese" and his documents on today's BradCast...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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IN TODAY'S RADIO REPORT: Super Bowl EV ads mark the slow but persistent cultural shift in the transition from fossil fuels; Oil and gas industry spending big to get Trump into the White House; PLUS: Jury sides with climate scientist Dr. Michael Mann in defamatory rightwing smear campaign... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Climate change reversing gains in air quality across the U.S.; Atlantic current shows signs of slowing; EPA again OKs use of toxic herbicide linked to Parkinson’s Disease; U.N.: Nearly half of world's migratory species are in decline; Cocoa prices are soaring, thanks to climate change impacts; Supreme Court watchlist: Agency power, air rules, water rights; Revealed: the 1,200 big methane leaks from waste dumps trashing the planet... PLUS: As use of A.I. soars, so does the energy and water it requires... and much, MUCH more! ...

I'd say Tuesday was a high (or low?) watermark for GOP failure, but on The BradCast, we think it wise to never under (or over?) estimate them. [Audio link to full show is posted below this summary.]

Among our many stories covered today...

• Nikki Haley lost the one-person Republican Presidential Primary in Nevada by more than 30 points. (To be fair, it's not entirely her fault. Donald Trump rigged it. And he's setting up Republicans in the state for failure this November regarding the state's voting systems.) Joe Biden reportedly won his mostly one-person Democratic Primary in the state on Tuesday with nearly 90% of the vote.

• With three different swing-state GOP state Chairs (in Florida, Arizona and Michigan) ousted in recent weeks in scandals related to allegations of rape, bribery, or financial impropriety (and Nevada's GOP Chair heading to criminal trial in a few weeks for forgery as a fake 2020 elector), Trump's once-favored Chair of the RNC, Ronna Romney McDaniel, is being pushed out in the middle of a Presidential election year. Why? Trump's MAGA faithful are trying to find someone, anyone ... anyone but him ... to blame for their repeated, post-2016 election humiliations. Why not Ronna?

• But the humiliation continued on Tuesday, as newly tapped and freshly failed GOP House Speaker Mike Johnson engineered what Wall Street Journal described as "an embarrassment for the party", Punchbowl called "one of the most embarrassing days in recent House GOP history" (which is saying quite a lot!), and WaPo raved: "a stunning rebuke" for a months-long impeachment probe by Republicans hoping to identify "High Crimes and Misdemeanors" by Dept. of Homeland Security Alejandro Mayorkas. Turns out, they couldn't even convince their full caucus that he'd committed any, and one heroic Dem showed up from his hospital bed amidst chaos on the House Floor to deliver Johnson and Marjorie Taylor Green's phony impeachment scheme an embarrassing final blow. At least for Tuesday night, in the first impeachment vote ever against a sitting member of the Executive Branch.

• Actually, it wasn't the final blow on Tuesday night for House Republicans. Johnson held a subsequent vote for aid to Israel. It also went down in humiliating flames.

• All of that comes on the heels of Congressional GOP insistence that they would block any aid package for Ukraine --- now facing a very real existential crisis and invasion from a hostile neighbor --- unless the bill included a massive amount of money for the U.S. southern border, where Trump and Republicans pretend there is an ongoing "existential crisis" and "invasion". So, Dems gave in and agreed with Senate Republicans to add a very hard-right border deal to the aid package --- only to see Trump throw a fit at a possible real solution for the only real(ish) election year issue he seems to have left. So now House Republicans are vowing they will only consider an aid bill for Ukraine (and Israel and Taiwan) if it doesn't include money for the U.S. southern border. Seriously. It's as insane and stupid and dysfunctional and embarrassing as it sounds. And, it might even be hilarious, but for the fact that democracy remains on the brink in Europe, as the near-entirety of the Republican Party now cowers to the personal whims of their four-time indicted cult leader.

• Popular Republican criminal, pretend fake "pimp", and definitely fake "journalist" James O'Keefe quietly issued a tweet on Monday night, admitting that his reporting on 2020 election fraud in Pennsylvania was "wrong" and that he is "aware of no evidence or other allegation that election fraud occurred in the Erie [Pennsylvania] Post Office during the 2020 Presidential Election.” It took him four years and a begrudging lawsuit settlement to "correct" his false story about supposed massive mail ballot fraud by the USPS. Trump continues to fraudulently pimp that nonsense to this day. All of this on the heels of O'Keefe being pushed out of his own fake news organization, called Project Veritas, last year amid allegations of financial malfeasance and abuse of employees. Or, as his partner in the 2010 fake ACORN "pimp" hoax videos described it when quitting the group herself in December: "an unsalvageable mess --- one wrought with strong evidence of past illegality and financial improprieties."

• Finally today, some listener mail with an important coda to our mind-blowing interview on Tuesday with Susan Greenhalgh, election integrity advocate and consultant on the just-completed civil suit trial by Marilyn Marks and the Coalition of Good Governance against the State of Georgia and its Sec. of State Brad Raffensperger. The suit seeks to move the state from easily-hackable, unverifiable touchscreen voting systems to verifiable hand-marked paper ballots; And, some email on Taylor Swift and the Superbowl, which I thought we decided we wouldn't be discussing this week on The BradCast?!!...

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Today on The BradCast: Bad news from the DC Court of Appeals for the disgraced former President, though things could get much worse this week depending on how things go at SCOTUS on Thursday. [Audio link to full program follows this summary.]

Among our stories today...

• The unrelenting downpour in Southern California continues for a third straight day, as Los Angeles alone reports more than 300 mudslides since the atmospheric river began pouring in on Sunday, resulting in continuing flash flooding and evacuations throughout the region. Thankfully, there have been no deaths or major catastrophes yet reported, though three were killed in Northern California where strong winds toppled trees as the storm blew ashore on Sunday. It's not yet over, but we're told the sun may finally reappear again in SoCal, at least for a time, on Wednesday.

• Today was the last day to vote in Nevada's all vote-by-mail 2024 Presidential primaries, though few may have bothered. On the Democratic side, President Biden faces little or no competition. On the Republican side, Donald Trump helped rigged the state in his favor with the help of NV state party officials. He's not on the NV Primary ballot, since he objected to the all-mail process created by the state. He demanded caucuses instead. So Nikki Haley will be on the primary ballot, but Trump won't. While Haley won't be participating in the Thursday caucuses, but Trump will. Republican Delegates, however, will only be awarded to the winner of the rigged GOP Caucuses.

• Welp, it took nearly a month, but a three-judge panel on the D.C. Court of Appeals finally released their long-awaited ruling on whether Presidents have immunity against any and all criminal charges for crimes they carry out while serving as President. That is what the four-time indicted former President is arguing. And, to the shock of pretty much nobody, the court ruled in a unanimous, very thorough 57-page decision [PDF] today, that, nope, a President may not avoid criminal consequences for, by way of an example Donald Trump's attorney defended in court last month, ordering Seal Team 6 to murder a political rival. While the ruling was not surprising, it was successful for Trump, at least in part, by delaying his previously scheduled March 4th federal trial on four felony counts [PDF] related to his many attempts to steal the 2020 election. The D.C. panel struck down every single argument made by Trump and ordered the case to be returned to the trial court unless the defendant appeals the ruling to SCOTUS by Monday. Of course he will. The only question for the moment is: will there be enough votes at the corrupted rightwing SCOTUS to bother even hearing this dumb case.

• Then, we're joined by BRAD BLOG's longtime legal contributor ERNEST A. CANNING to discuss both today's Immunity ruling and the arguably far more consequential matter that will be heard by the U.S. Supreme Court on Thursday. The Supremes will hear oral argument for and against the case for disqualifying Donald J. Trump from the ballot under Section 3 of the 14th Amendment, the "Insurrectionist Disqualification Clause". The specific case, Trump v. Anderson, is named for the 91-year old Republican, Norma Anderson, who is one of six Republican and independent voters that sued under 14.3 in the state of Colorado to bar Trump from the state's Presidential ballot. They were successful. The CO Supreme Court barred Trump in a very well argued (and very conservative) ruling [PDF] late last year, pending a decision from SCOTUS. In the month since the Justices agreed to hear the case, as Canning writes this week, no fewer than 50 amici (friend of the court) briefs have been filed both for and against the Constitution's post-Civil War ban on insurrectionists serving in public office.

  Canning cites several key points offered in the various briefs from a host of scholars and experts, and we preview the questions likely to be up for debate during this Thursday's landmark hearing. The eventual opinion issued by SCOTUS could determine whether Trump is barred from the Presidential ballot in all 50 states. And what might happen then?

  Canning argues that if you follow conservative "textualist" and "originalist" doctrine, "what the intent was, what the actual language was" by the framers of the 14th Amendment, "there's no way you can come to a decision other than the fact that Donald Trump is disqualified within the meaning of the statute."

  That largely matches conventional wisdom suggesting the Constitutional case for banning Trump from office is pretty rock solid legally. Nonetheless, most of those media pundits and legal experts also tend to argue that the former President's friends and appointees on the High Court are likely to conjure up some sort of jiggery-pokery and pure applesauce to allow him to remain on the ballot this year anyway. "That could very well happen here," Canning tells me, before adding: "But I wouldn't bet the farm either direction."

• Finally, Desi Doyen joins us for our latest Green News Report with more on the climate change-related causes of California's historic downpour, Chile's deadly heat and wildfires, and Spain's persistent drought. She also reports on how Europe has avoided Vladimir Putin's energy blackmail, and how Republicans plan to turn back the clock on the Biden Administration's landmark climate achievements if they succeed in winning back the White House in November...

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IN TODAY'S RADIO REPORT: Historic atmospheric river rains down a state of emergency on California; Chile grapples with extreme heat and catastrophic wildfires; Europe is escaping Putin's energy blackmail; PLUS: Republicans' comprehensive plan to dismantle U.S. climate policy if a Republican wins the White House... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Dial it up to Category 6? As warming stokes storms, some want a bigger hurricane category; Biden confronts unfinished business with Ohio chemical train wreck; UN climate chief’s blunt message: Fewer loopholes, way more cash to really halt climate change; Climate activist Greta Thunberg acquitted in protest arrest charge; Ethiopia to prohibit import of non-electric cars; Shuttered coal mine converted into a gravity battery; Big companies cashed in on Mississippi's water. Small towns paid the price... PLUS: The dawn of the clean hydrogen economy... and much, MUCH more! ...

Only a month has passed since the U.S. Supreme Court agreed to hear, on an expedited basis, a legal challenge to the Colorado Supreme Court's determination that Donald J. Trump is disqualified from holding any state or federal office by reason of §3 of the 14th Amendment.

Both the CO trial and state Supreme Court expressly found that Trump "engaged in" an "insurrection" on January 6, 2021. The CO Supremes ordered Trump's name removed from the Centennial State's Republican presidential primary ballot. However, the CO Supreme Court stayed their order pending the outcome of a final determination by SCOTUS.

A final SCOTUS decision will likely have profound electoral and constitutional impacts, irrespective of whether our nation's highest court upholds or overturns the CO Supreme Court's ruling...

Legislation is hard. It involves compromise and stuff. But the bulk of Republican state Senators in Oregon won't have to worry about that anymore. At least for a few years. Also, stealing money from your duped political donors to cover your mountain of legal fees to defend your law breaking appears to be very easy if you are the disgraced former President. And, a whole bunch of landmark climate and energy successes under Joe Biden that you likely haven't about, but should have. Those are just some of the many news stories covered on today's BradCast. [Audio link to full show follows this summary.]

Among them...

• As of airtime, we're still waiting for (sorta overdue) key rulings on Donald Trump's ridiculous "Presidential Immunity" claims at the DC Court of Appeals and on how much Trump and company (and sons) will have to pay up in New York's $370 million bank fraud suit against them. In the meantime, Trump has lost again today in court on an entirely different matter. This time in London, where his lawsuit against the Steele Dossier's author was summarily dismissed by a UK judge (just as the similarly absurd suit filed by Trump against Christopher Steele, Hillary Clinton and top FBI officials was rejected by a U.S. judge in 2022.)

• All of those failed lawsuits, and defending himself against civil cases and four criminal felony indictments is costing Trump's gullible dupes/supporters a lot of money. New FEC filings released today reveal that Trump spent/blew $27 million of his donors' money on personal legal bills in the second half of last year, bringing the total amount of campaign donor money used for legal fees in 2023 to about $50 million. That number is expected to be much higher in 2024, giving the phrase "chump change" a whole new meaning.

• The Oregon Supreme Court, on Thursday, determined that 10 Republican state Senators may not run for office in 2024, after violating a 2022 state Constitutional Amendment adopted by voters in a 36-point landslide that year. The measure bans state lawmakers from running in the next election after they've accrued more than 10 unexcused absences. The GOP state Senators in question walked out for a record 6-weeks in 2023 in hopes of blocking legislation on abortion rights, LGBTQ rights and gun safety, delaying or killing hundreds of other bills in the bargain. The state Senate currently has only 12 Republicans. Ten of them, including the chamber's minority leader, are now barred from running for reelection this year.

• The U.S. House passed a bipartisan bill! It is compromise tax legislation. Republicans agreed to offer modest tax relief to low income families with children, so long as Democrats agreed to extend huge tax breaks to wealthy corporations and small businesses. Nobody got everything they wanted, and the legislation, adopted on Wednesday by a lopsided 357-70 House vote, will almost certainly change or be killed altogether in the Senate. But that's how legislation works. Or is supposed to work. Or used to work. And, for one day this week, incredibly enough, it did again. We discuss why it did.

• "Government, in a large, wealthy, functional modern democracy, is pretty boring. Lots of bureaucracy, lots of agencies, lots of complexity, lots of rules, mostly incremental change. It's not particularly dramatic," noted our friend climate and energy journalist David Roberts on Twitter on the last day of the year. "That makes it a very poor fit for the dynamics & demands of modern media, especially social media. Drama, outrage, sweeping counterintuitive generalizations --- these are the coin of the realm. No one gets clicks by celebrating the workaday operation of the gov't machine," he continued. "Consequently, boring democratic governance --- perhaps the greatest advance in collective human welfare in history --- has no day-to-day defenders. Basically everyone is incentivized to take it for granted."

  Of course, we are defenders of that "boring democratic governance" and we don't take it for granted. Roberts was linking to a lengthy --- and wildly enlightening --- thread from former professor turned White House clean energy policy advisor Costa Samaras, who detailed a stunning year-end list of positive, landmark environmental actions and initiatives undertaken by the Biden-Harris Administration in the wake of passage of the Bipartisan Infrastructure Law and the Inflation Reduction Act (adopted only by Democrats). If you think Biden has done little for climate and clean energy you may want to review Samaras' list.

  Just one of dozens of examples: "The Inflation Reduction Act & @POTUS' agenda have supercharged U.S. grid-scale energy storage. Before the Biden-Harris Administration, grid-connected energy storage was basically zero. This year there will be 9 Hoover Dams worth of batteries on the grid. Next year: 16 Hoover Dams."

• Finally, Desi Doyen is here with our latest Green News Report, as the Saudis nix expanded production (and lower gas prices) in time for this year's Presidential election in the U.S.; Millions of Americans are found at risk of toxic chemical freight train disasters; EU phases out dirty heavy-duty diesel trucks by 2040; and the Biden Dept. of Energy issues new rules to save gas stove users thousands of dollars in efficiency improvements (while taking no one's gas stove away from them, Fox "News"!)...

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If, by now, you don't realize that Republicans are attacking both democracy and the rule of law itself in this country, I don't know what world you live in. But on today's BradCast we've got two fresh --- and disturbing --- examples/warnings. [Audio link to full show follows this summary.]

FIRST UP today: Did the far-right, pro-Trump propaganda outlet called One America News (OAN) obtain passwords for employees of voting system vendor Smartmatic and then share them with Trump attorney Sidney Powell after the 2020 election? That appears to be what Smartmatic is charging in recently filed court documents, according to CNN, as part of its billion dollar defamation lawsuit against the fake Trump TV "news" outlet.

OAN was just one of many such rightwing outlets that echoed and forwarded Team Trump's false claims of election fraud in 2020. OAN was particularly aggressive in their evidence-free mission to hoax viewers into believing that systems made by Smartmatic and Dominion, another voting system vendor, flipped votes to help Joe Biden that year. The claims against Smartmatic were particularly absurd, given that the company has just one contract in the U.S. for voting systems. That is here in Los Angeles County, were Biden reportedly defeated Trump in 2020 by nearly 2 million votes.

As explained today, however, the reason that the pretend "election integrity" advocates who emerged on the right following 2020, only to offer evidence-free claims and falsely tie Smartmatic to Dominion (and Venezuela's dead former President Hugo Chavez), is likely thanks in no small part to some exclusive reporting we did on the two companies here at The BRAD BLOG, circa 2008 to 2010, which was cited and bastardized by Powell and others on the right after 2020. You're welcome!

NEXT UP: A new legal chapter in a story that deserves much more coverage than it has received to date. In one respect, it's not surprising that it hasn't received much coverage, given that it is based on an absurd legal premise --- one already rejected by the U.S. Supreme Court --- that few thought would ever advance beyond the Trump-appointed U.S. District Court judge who initially gave it credence in a redistricting lawsuit filed by the ACLU on behalf of the NAACP against the state of Arkansas in 2022.

In short, the case was dismissed [PDF] before reaching the merits by U.S. District Judge Lee Rudofsky on the novel grounds that neither voters nor private organizations like the NAACP have the right to sue to enforce Section 2 of the Voting Rights Act. Only the U.S. Attorney General may do so, according to the Rudofsky. That news must have come as a great surprise to the hundreds of private plaintiffs who have successfully hundreds of such cases since adoption of the landmark Act in 1965. It also may come as a surprise to the U.S. Supreme Court which, as recently as last June, ruled in favor of private litigants in a redistricting lawsuit against the state of Alabama. Congress is likely shocked as well, given they have reviewed, rewritten and reauthorized the VRA several times since 1965, without ever noticing there was no private right of action to enforce the law.

While the initial ruling was ridiculous enough, a split decision by a three-judge panel on the 8th U.S. Circuit Court of Appeals in November, incredibly, allowed the lower court ruling to stand. But it got even more absurd this week, when, on Tuesday, the full en banc 8th Circuit Court of Appeals voted 7 to 3 deny a rehearing of the matter, upholding the original lower court's radical, unprecedented ruling. The ACLU described the ruling as "appalling and unjustified," after "More than 400 Section 2 cases have been litigated in federal court in the past four decades to protect the voting rights of racial and language minorities. Private plaintiffs have brought the vast majority of them."

The 8th Circuit, comprised of 10 Republican appointees and one appointed by a Democrat, is not even considered the most radical in the nation. That would be the 5th Circuit Court of Appeals which has recently rejected the notion --- along with SCOTUS --- that there is no right to private action for voters to sue under Section 2.

We're joined today by CHRIS GEIDNER, longtime legal journalist at Law Dork, to explain this gob-smacking series of rulings and what they mean moving forward, as the matter almost certainly will head to the U.S. Supreme Court. For now, the ruling is the law of the land "only" in the seven states that comprise the 8th Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota). That could change, however, once the notoriously anti-VRA High Court gets a crack at this case.

Geidner decries the "out-of-control" appeals courts which seem to no longer believe it is necessary to follow long-standing precedent, if it regards laws that they don't like. "And then things go up to the Supreme Court," he charges, "and it's almost a win-win for the conservatives on the Supreme Court because if they reverse one or two of every three ridiculous decisions, they are able to set themselves up as a 'moderating' force that pulls back the extremes, while they are still letting one of every three extreme rulings go through."

"One of the underlying bases for a legal system is stability," Geidner tells me today. "When you have a legal system that is in such upheaval that lower courts have been told from the Supreme Court that 'No precedent is too sacred. We will overturn any precedent if we decide it should be overturned,'" that leads appellate courts to think that "if there's a chance that their opinion can lead to a revisiting of a precedent that they think is wrong, why wouldn't they go for it?"

"The answer," he notes, "is the rule of law, and they shouldn't. That's up to the Supreme Court, and until the Supreme Court does it, they need to follow precedent. But that's not the world in which we are living."

We also get some thoughts today from Geidner on the curious, now nearly month-long delay by a three-judge panel on the U.S. District Court of Appeals in D.C. to issue their ruling in response to Donald Trump's ridiculous claim that he is immune from criminal prosecution for any actions he performed while serving as President. A ruling was expected by many to have been issued by now. The case was heard on an emergency basis, as Trump's scheduled March 4 federal trial for attempting to steal the 2020 election is currently on pause in the bargain. But, Geidner notes that "the fact that we are quickly approaching a month" since the case was heard by what appeared to be three skeptical jurists, it is now beginning to look like "a dereliction of duty" and "a failure on the D.C. Circuit's part."

Stay tuned...

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IN TODAY'S RADIO REPORT: Biden pauses approvals of new LNG export terminals, citing climate risk; Canada's tar sands are a larger source of air pollution than previously thought; China installed more solar energy in 2023 than the U.S. did in its entire history; PLUS: Climate change made historic Amazon rainforest drought 30 times more likely... All that and more in today's Green News Report!

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Today on The BradCast: Escaping MAGA and whether real accountability for the former President's many crimes and civil verdicts might finally begin to bend the curve against him from within his own party and from his own supporters. [Audio link to full show follows this summary.]

On Friday, a nine-member federal jury in New York ordered Donald Trump to pay an additional $83.3 million to writer E. Jean Carroll, who an earlier 9-member jury determined last year that he had sexually assaulted and repeatedly defamed. The original verdict cost him $5 million, but wasn't enough to stop the repeated defamation of Carroll.

All of this comes on the cusp of a completely separate verdict in a state case in NY where the judge has already determined Trump committed massive fraud by falsely inflating his assets to receive more favorable rates on bank loans, insurance and taxes. The State A.G. has asked that the judge now find Trump and his companies and his top executives (including his two eldest sons) liable for at least $370 million. That ruling is likely to come any day now.

A hundred million here, a hundred million there, and, before ya know it, you're talking about real money. Even for a "billionaire" like Trump. But will any of it make a difference to Trump's most ardent supporters? How about the few Republicans left who are neither Never Trumpers nor hardcore MAGA? Will they finally take notice? Might these rulings begin to make a difference in GOP primary polling, as the disgraced former President continues to be the party's front-running nominee for the 2024 Presidential election?

For thoughts on all of that and much more, we're delighted to be joined again today by RICH LOGIS, a former hardcore MAGA member himself who voted for Trump in both 2016 and 2020, before eventually coming to terms with the fact that he had become captive to what is a far-right political cult. (Our first conversation with him, with more details on that, was in October last year.)

Logis now runs PerfectOurUnion.us, devoted to "healing political trauma" and "building diverse, pro-democracy alliances". Today, he offers his insight, as a reformed MAGA member and former Republican pundit, on whether any of the recent verdicts against Trump --- and/or those that are still to come in the four separate criminal felony cases he is facing this year --- might finally begin to turn the tide away from the GOP's cult leader.

We also discuss Logis' thoughts published recently at Salon, on why the MAGA crowd is so gullible to mythologization and race-baiting, and how even Nikki Haley is now tapping into the same bloodstream to capitalize on a party that has long been captured (well before Trump) by racist polarization and "White fright".

Logis is now creating a new organization specifically devoted to "Leaving MAGA" and we begin the important discussion of how to help those captured by MAGA find their way out, and what friends and family members may be able to do to begin helping their loved ones find their way home.

"As someone who was in MAGA for seven years," he tells me, "Most MAGA voters are good people, deep down. But, unfortunately, the relationship between most MAGA Americans and Donald Trump is a very toxic one. While I don't defend ignorance, MAGA Americans have been traumatized by Trump and the rightwing and the Republican Party. They just have a skill set at keeping MAGA Americans desperate and panicked."

But, he insists optimistically, "if someone got into MAGA, they can get out of it." His own catalyst came after coming to terms with the fact that his own Governor, Ron DeSantis, who he had previously supported, was willing to let people die by lying to them about COVID vaccines in 2021.

"If someone who is very pro-MAGA speaks to someone who is very anti-MAGA, I guarantee, if they speak long enough, they're going to find some issues that they have some common ground and agreement on." He cautions, however, that vilification doesn't work. If it did, "everybody would have left at this point."

"It's going to take time," Logis insists. But he believes "there are more out there who are in the nascent stages of remorse. Because ultimately the strength of the numbers in Leaving MAGA will be in how many we can encourage and empower to leave and tell their stories publicly."

Until his new organization is formally unveiled, he asks folks to contact him at his website. This conversation will continue, I hope. Because it must...

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An extraordinarily absurd moment occurred during the past week's "Showdown for U.S. Senate Debate" between California Democratic Reps. Adam Schiff, Barbara Lee, Katie Porter and Republican former major league baseball player, Steve Garvey. The debate was conducted on KTTV Fox 11, the Southern California local affiliate of the Rupert Murdoch-controlled Fox Corp.

In an unsuccessful effort to persuade an evasive and reluctant Garvey to unreservedly state his intent to vote for Donald Trump this year, Fox 11 anchor, Elex Michaelson asked...

The answer to that question may have been a difficult one for the former Dodger. After all, Trump is wildly unpopular among California voters who will vote in the March 5 open primary, even if very popular among the state's small --- and shrinking --- GOP electorate. Garvey hemmed and hawed to avoid answering. "Once a Dodger always a Dodger," quipped Porter at one point in the debate.

But, while the case could be made that Michaelson's question aided Democrats by cornering Garvey, the way he did so was absurd, even before Garvey's evasive response. The question itself recalled some graffiti I once saw on a bathroom wall while an undergrad at UCLA in 1971. It read: "Eat shit. Ten billion flies can't all be wrong."

A somewhat less crude analogy can be found in Germany. The fact that, in 1934, the vast majority of that nation's 66 million people adored a man named Adolf Hitler in no way provides a reason for any objective observer to support that genocidal tyrant.

It's especially troubling that KTTV's parent company is largely responsible for creating an alternative reality --- an Orwellian netherworld --- in which a large swath of the U.S. electorate now resides. The netherworld's residents include many of those "tens of millions of people," cited by Michaelson.

Deception, openly deployed not only by Trump and his Congressional Republican enablers, but also endorsed and amplified by Fox "News", provides the core reason why "tens of millions" of Americans, including two thirds of California Republicans, continue to irrationally support a Hitler-admiring demagogue, who called for "terminating" the U.S. Constitution...

Today on The BradCast: Some very good news about Democrats. Specifically, for the President and the post-pandemic economic recovery. And a bunch of good news about Republicans. At least for those who enjoy watching the fish rot from the head down.

As detailed on today's program...

• Yet more excellent economic numbers were released on Thursday by the Commerce Department, easily beating professional expectations on GDP growth, leading one of those experts to describe the newly released 2023 fourth-quarter numbers as "stunning and spectacular." They are, in fact, just one of the economic indicators that are now better even than the pre-pandemic years, as GDP continues to rise, unemployment remains very low, wages are growing faster than inflation, which is now down below targets set by the Federal Reserve, and the recession that experts predicted for last year is still nowhere in sight. They are the kind of numbers that the former President would have declared as "the greatest economy in U.S. history" and about which TIME Magazine would have put his face on the cover with the headline: "The Man Who Saved the American Economy!" Will any of that happen now that Joe Biden --- who received a rousing endorsement for his 2024 campaign from the half-a-million-strong United Autoworkers Union yesterday --- is the President, rather than Trump? Will anybody in America even hear about these "stunning" numbers and "spectacular" economic growth?

• As to the good news about Republicans, we start with Trump's former Trade Advisor, Peter Navarro. Today he was sentenced by a federal judge in D.C. to four months in prison for two counts of Contempt of Congress after refusing to respond to two 2022 subpoenas from the bipartisan U.S. House Select Committee that had been investigating the Trump-incited January 6, 2021 insurrection at the U.S. Capitol. Poor Peter. Perhaps he'll be cell mates with Steve Bannon who received a similar sentence in 2022 for the same crimes.

• A wildly obnoxious member of the far-right extremist Proud Boys group attacked the D.C. Circuit Court's Chief Judge during sentencing on Wednesday as a "clown" and a "fraud". He received 6 years in prison in return for his part in the deadly January 6 insurrection and for attempting to organize a subsequent attack on the government in Portland, Oregon described as "January 6 2.0".

• But, as the fish rots from the head down, it's rotting GOP state parties outside of Washington as well. There is an ongoing, vicious --- and, at times, even violent --- legal dispute --- between the now-ousted Michigan GOP Chair, election denier and failed 2022 Sec. of State nominee Kristina Karamo, and the bulk of the state party that ousted her --- over who now actually controls the state party apparatus in the critical battleground state. In Florida, the recently ousted state party Chair Christian Ziegler -- hand-picked by Ron DeSantis --- is being investigated by state law enforcement on charges of "video voyeurism", after being accused of rape by a woman with whom he and his wife, Bridget Ziegler, the hypocritical anti-LGBTQ co-founder of "Moms for Liberty", had thrupled with --- and secretly videotaped during sex.

  And this week, on Wednesday, Jeff DeWit, Chair of Arizona's Republican Party, abruptly resigned after audio tapes were released by election denier and failed Gubernatorial candidate Kari Lake in which he appears to be begging her to accept a bribe for not running for the U.S. Senate in the state this year.

  So, that's three GOP state Chairs (the "Party of Law and Order") in three critical swing-states, all being hilariously ousted after allegations of incompetency, sexual battery or bribery within a matter of weeks, in the middle of, arguably, the most important Presidential election year in American history. Keep up the great work, state Republicans!

• Finally, Desi Doyen joins us for our latest Green News Report, as astonishing climate change-fueled extreme weather continues to batter the infrastructure across U.S. cities; ExxonMobil sues its own shareholders so they can try to keep polluting as long as possible; and the U.S. Postal Service finally begins rolling out its new fleet of clean electric delivery vehicles, thanks to demands from climate advocates and funding from Joe Biden and the Democrats...

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I fear we are still far from peak madness, even if it feels like we're getting dangerously close on today's BradCast, with our Special Coverage analysis of New Hampshire's First-in-the-Nation Primary results and whatever the hell may be happening next. [Audio link to full show follows this summary.]

Donald Trump defeated Nikki Haley on Tuesday in NH, though only by 11 points, the same number by which he defeated his GOP challengers in last week's Iowa Caucuses, according to the latest reported results. Once again, he received just over half of the votes cast by those who participated in the Republican contest. Trump's tally is currently just over 54%, Haley's is just over 43%.

On the Democratic side, where Joe Biden's name didn't even appear on the ballot, as the first sanctioned Democratic Primary is set for South Carolina instead early next month, the President won easily in NH nonetheless. Thanks to an unofficial Write-In campaign, he garnered nearly 56% of the vote, with a whole bunch of Write-In ballots still to be hand processed as of airtime today. Biden's final vote share is likely to climb to 60% or above. MN Congressman Dean Phillips received just below 20% of the Democratic vote, while self-help guru Marianne Williamson came in at just below 5%.

On the GOP side, Haley offered what sounded like a victory speech Tuesday night, deriding Trump and as loser and vowing to continue the race through her home state of South Carolina and "dozens of states left to go". A furious Trump responded, as he does, with disjointed, angry remarks and thinly veiled, if evidence-free, threats regarding criminal investigations of his former U.N. Ambassador. "I don’t get too angry --- I get even," he promised.

What sense does any of this make? We're joined today by our very smart old pals HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of The Professional Left Podcast for whatever analysis any of this may be worth. Among the many questions discussed on today's program...

• What's the most important 2024 election news today? Results from the NH primary or the fact that Jon Stewart is coming back to The Daily Show in time for the 2024 elections?
• What does Haley think she will accomplish by remaining in the race?
• Is there any remaining chance that Trump won't actually become this year's GOP nominee?
• Are media outlets such as CNN and MSNBC, who break away from lies told during Trump's victory speech, doing America a favor or a disservice?
• While key establishment GOP donors have thrown support behind Haley, will they eventually come around to Trump anyway?
• Is the Biden camp, which reportedly wanted the GOP race to be over after NH, wise in rushing toward a two-person race against Trump?
• Would a conviction for Trump in any of his four felony indictments really dampen support for Trump among Republicans as recent polling suggests?
• Why is Trump still tied with or beating Biden in a number of polls right now?

"It's mobster stuff," notes Driftglass about Trump's vague threats to Haley during his victory speech on Tuesday. "In an alternate universe," he contends, Haley might have been a good candidate for the GOP. But "the universe that we live in is one where Trump has a full-blown cult behind him." He adds a reminder to his "Never Trump friends that you built a Doomsday machine with no off-switch."

Parton joins Driftglass in arguing that Trump WILL now be the GOP nominee, unless he "falls face-first into the omelet bar at Mar-a-Lago." Other than that, she warns, "we're looking at a Donald Trump vs. Joe Biden campaign." The GOP donor class will "be there no matter what" for Trump, she observes, noting, "these guys are the zombies of the American political system and they're never going away." As to Haley, Parton adds: "If last night was any example of what Trump is going to do to her, it's about to get very, very ugly."

You mean it's not ugly yet?!...

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As noted on today's BradCast, CBS News' legendary radio and TV broadcaster Charles Osgood has passed away at age 91. Other than that, we've got some arguably much brighter news throughout the bulk of today's program. [Audio link to full show follows this summary.]

Among the many stories covered today...

• Last night, just after midnight, Nikki Haley won every single vote cast in Dixville Notch, New Hampshire, the first town in the state to vote in the state's first-in-the-nation Primary on Tuesday. They had a 100% turnout. Haley won all 6 votes. Donald Trump won 0. We discuss why that matters (and doesn't). Voters across the entire state are voting today on hand-marked paper ballots. In Dixville Notch --- and about 40% of towns in the state --- ballots are publicly hand-counted by human beings after polls close. The rest of the towns, the larger ones in general, are tallied by 15 or 20-year old computerized optical scanners. Though, due to a write-in campaign for Joe Biden in the state, where there is no officially sanctioned Democratic primary, most of those towns will be hand-counting a lot of ballots as well. We'll have full reported results out of NH --- and why they matter (or don't) --- on tomorrow's show, of course.

• For years, Republicans have been citing evidence of miscounted votes in Prince William County, Virginia as evidence of massive fraud in the 2020 Presidential race. The state's Republican A.G., after taking office in 2022, even filed criminal charges against the County's Registrar. Recently, however, the charges were unceremoniously dropped. And now we learn that, due to largely understandable tabulation errors, Joe Biden should have received 1,648 more votes than he was credited for, and that Donald Trump was given 2,327 votes that he shouldn't have, in a county that Biden won by more than 60,000 votes --- in a state where the Democrat won the Presidential race by some 450,000 votes. Races for U.S. Senate and U.S. House were also affected by the counting errors, though none of errors would reportedly have changed the results of any contest. We explain the whole mess.

• We've got quite a bit of good news for you today when it comes to redistricting and rolling back GOP racial and partisan gerrymanders! In North Dakota, a federal judge has ordered new state legislative map after Republicans, following the 2020 Census, cracked two Native American reservations into different districts in order to flip both state House and Senate seats from D to R. It worked in 2022. But now, the judge has ordered not only new maps, but also new elections this fall in the districts found to have been in violation of the Voting Rights Act.

• Louisiana's new Republican Governor approved a new U.S. House map for the state this week, after the GOP state legislature finally adopted it last week, following a federal court order to draw an additional majority-Black voting district in the state. The Republican-controlled legislature previously had just 1 such district out of its 6 Congressional seats, despite African-Americans accounting for nearly a third of the statewide population. GOP lawmakers only agreed to do so after many appeals, and after realizing that if they didn't draw up their own maps, the court would do it for them. The new map will likely result in an additional Democratic member of Congress from the Bayou State next year.

• And, in Wisconsin last week, voters filed a motion with the state's newly liberal-leaning Supreme Court seeking a new U.S. House map in time for the 2024 elections. Last month, the state's high court agreed with petitioners that the state GOP's state legislative maps for the Assembly and Senate, in place for more than a decade, were unlawful gerrymanders in violation of state Constitutional requirements. The new motion filed last week asks the same Supreme Court to order a new U.S. House map as well, on the same basis that the Justices determined the state legislative districts were unconstitutional. Petitioners argue that the unconstitutional and politically gerrymandered map resulted in Republicans winning 75% of the state’s Congressional seats despite winning just 50% of the statewide vote in the 2022 election. That year, the closely divided, if Dem-leaning Presidential battleground state also re-elected its Democratic Governor in the same statewide election.

• Finally today, San Diego was deluged on Monday with a year's worth of rain in a matter of three hours, overwhelming infrastructure in the usually mild Southern California city. But, as discussed in our latest Green News Report today with Desi Doyen, it was just one of dozens of cities across the U.S. in recent weeks where infrastructure has been hammered by climate change-fueled extreme Winter weather. Nearly 100 have been killed in the recent storms in a number of states as of airtime. That, as Big Oil gears up a multi-million ad blitz to hoax Americans into supporting fossil fuel friendly candidates in 2024, as the unstoppable transition to clean, renewable energy is finally underway...

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