We're covering 2024 election news in at least four different states on today's BradCast --- track conditions, not horse race --- and only one of those stories is particularly good news as GOP dirty tricks and voter suppression seem to be getting an early start this year. [Audio link to full show follows this summary.]

Among our main stories today...

• Voters in Maryland, Nebraska and West Virginia headed to primary polls on Tuesday, with critical U.S. Senate and other races on the ballot. Noteworthy results and/or problem reports on tomorrow's program.

• We first began reporting on this story early last month, when it seemed utterly ridiculous to even contemplate. It still does, frankly. Nonetheless, Ohio's wildly dysfunctional, partisan-gerrymandered Republican state legislature missed last week's deadline for a legislative fix to allow Joe Biden on the Buckeye State ballot this year. Ohio has a state law that requires Presidential candidates be officially certified by their party 90 days before the general election to be included on the state ballot. But the Dems' convention this year is just 74 days before the election. In past years --- for example, for Donald Trump in 2020 --- lawmakers simply changed the deadline to cure the problem as needed when conventions are held later in the Summer. This year, however, petulant state Republicans are demanding a pound of flesh from Democrats to make any such changes. And now, with last week's deadline past, its going to be even more difficult to do so. Tune in for the full --- and still ridiculous --- skinny.

• Speaking of ridiculous, a rightwing activist in the state of Washington placed two Democratic candidates for Governor named Bob Ferguson on the ballot last Friday, just hours before the state's August 6th primary deadline. The state's longtime Democratic Attorney General, and front-runner to win the Governorship this year, is also named Bob Ferguson. And so the GOP's dirty tricks chaos for 2024 officially begins.

• If they can't keep Democratic candidates off the ballot for no good reason, or add several candidates with the same name to the ballot to wreak confusion, Republicans still remember how to do it with good old fashioned voter suppression laws, like the newest one signed last week by Georgia's Republican Governor Brian Kemp.

• Meanwhile, Democrats are still in court fighting back Republican voter suppression from years ago. On Monday, the newly liberal majority on the Wisconsin Supreme Court heard oral argument to reverse a ridiculous ruling by the high court's previous rightwing majority that bans the use of secure absentee ballot drop-boxes. That, even as they've been used for years without incident or fraud in the Badger State (or anywhere else, for that matter.) The hearing was encouraging, as even the defendants --- the bipartisan Wisconsin Elections Commission --- agree there is nothing in state law that actually bans their use. "The Commission fully agrees that drop boxes are permitted under Wisconsin statutes," said the Asst. AG representing them at the hearing. But it sure was amusing to hear Republicans argue in favor of stare decisis (respect for legal precedent and settled law) to keep the 2022 ruling in place from the rightwing partisan court just two years ago. Especially when one of the court's liberal justices at the hearing cited none other than U.S. Supreme Court Justice Sam Alito's majority opinion in Dobbs that overturned 50 years of Roe v. Wade legal precedent. Using Alito's precise language from the SCOTUS ruling, the WI Justice asked what Republican plaintiffs thought the court should do if they found the previous ruling to be "egregiously wrong".

• Finally, Desi Doyen joins us for our latest Green News Report, as wildfire season explodes in Canada; the world records a record-breaking rise in CO2 levels; and Michigan moves to sue Big Oil for ever-worsening climate damages...

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On today's BradCast: Why we're taking sides for democracy in this year's election. And why every real journalist should. [Audio link to full show follows this summary.]

Among the many stories covered on today's program (and not necessarily in this order)...

• Journalist John Harwood: "As a Veteran Reporter, I've Always Valued Neutrality. But Trump's Threat To Democracy Should be the Biggest Political Story of 2024"

• USA Today: "Exclusive: Homeland Security ramping up 'with intensity' to respond to election threats"

• The RNC, recently taken over by Donald Trump in full, is now little more than an election denialist/voter suppression operation (and, of course, a personal ATM for Trump). They recently fired their newly hired election law expert for not pretending enough that the 2020 election was stolen; New co-chair Lara Trump is taking to Fox "News" to spread disinformation about absentee ballots and ballot counting; House Speaker Mike Johnson is introducing a bill to make it illegal for non-U.S. citizens to vote in federal elections --- which is already illegal --- and claiming that, while there may be zero evidence, "we all know intuitively that a lot of illegals are voting".

Also, some news since we last spoke...

• Republican Rep. Marjorie Taylor Greene tried and then failed spectacularly (thanks to help from House Democrats) to remove the Republican House Speaker again.

• Stormy Daniels completed her testimony in Trump's 2016 election interference case in New York. The cross-examination, according to many reports, did not go well for Team Trump.

• Joe Biden finally cuts off offensive weapons to Israel for Benjamin Netanyahu's promised threat of a full ground invasion in southern Gaza.

And finally...

• Desi Doyen joins us for our latest Green News Report, as tornadoes leave trails of destruction in the U.S.; Florida bans "climate change" as hurricane season begins; House Republicans open a new pretend battle in their "War on Woke Appliances"; and U.S. culture finally begins to reflect climate reality...

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The historic trial for Donald Trump's 2016 election interference indictment continues, but was on a break today in New York. That gives us an opportunity to get caught up with all the action since our previous mid-week "ketchup" episode in the first-ever criminal trial of a former U.S. President. We have much to discuss to that end on today's BradCast, but we first kick it off with some election and voting rights news. [Audio link to full show follows this summary.]

• Democrats "massively outperformed" pre-election polling yet again on Tuesday, in a Special Election for the U.S. House in New York's 26th Congressional District. Timothy Kennedy was predicted to win the seat by 9 points. He won by 36!!!

• The Trump-appointee heavy 3rd Circuit Court of Appeals voted to uphold a three-judge panel finding that mail-in ballots with missing or incorrect dates on their outer envelope in Pennsylvania must be tossed out, even though, as both sides agree, that date is used for exactly nothing. If a voter, for example, writes 2023 instead of 2024 on the ballot's outer sleeve this November, it cannot be counted, according to the Court. Democrats disproportionately vote by mail, as compared to Republicans, in the Keystone State. Voting Rights advocates are now deciding whether to take the matter to SCOTUS (good luck with that) or rehear the matter on a different basis at the trial court. Both options offer a perilous path before this year's election in the critical battleground state.

• In an absolutely twisted ruling, a three-judge federal panel ruled on Tuesday struck down Louisiana's newly-drawn second majority-Black U.S. House district, declaring it to be "an impermissible racial gerrymander". The new House map was approved by the state's GOP-controlled legislature earlier this year after they'd lost their long fight in federal court against adding a second Black voting district in a state which has long had just one (out of six), despite Black voters comprising one-third of the state. The new map with the newly redrawn district was already used to select candidates in the state's primaries last month. As explained today, this is likely to become a real test of the corrupted U.S. Supreme Court's often opportunistically used, so-called "Purcell Principle".

NEXT, we're joined by longtime Trump-crime watchers DR. ALLISON GILL of the notorious Mueller, She Wrote and The Daily Beans Podcast, and attorney KEITH BARBER of Daily Kos. Among the topics we finally get caught up on today...

• Why Trump is reportedly furious at his attorneys.
• Trump's Tuesday conviction on criminal contempt of court charges for violating his gag order nine times, and what those charges may mean for the bail conditions in his three other criminal indictments.
• How Trump is benefiting from --- and staying out of jail due to --- an obviously two-tiered justice system.
• Drowsy Don's reported inability to stay awake during the trial, why it's happening and what jurors are likely to make of it.
• What we've learned from recent witnesses including CSPAN's archivist; Stormy Daniels' and Karen McDougal's former attorney Keith Davidson (and why they both had the same attorney?!); and Gary Farro, the banker who set up the account that then Trump attorney Michael Cohen used to send $130,000 in hush-money to Daniels just before the 2016 election.
• Why Trump's family, friends and supporters are largely failing to show up for him in NY at all.
• And how convicted rapist Harvey Weinstein's recently overturned NY conviction may affect the case against our disgraced former President...

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It was yet another busy news day and, thus, it was another very busy BradCast. [Audio link to full show follows below this summary.]

Among the many stories covered today...

• It has been a very very bad 24 hours for our disgraced former President in three of his four criminal cases, as he's now received rejections from three different judges to three different motions to dismiss or delay in three different jurisdictions over that period. Last night, Juan Merchan, the judge in his New York hush-money fraud case rejected his last minute motion to delay his April 15th trial until after SCOTUS rules on his laughable "Presidential Immunity" claim. The judge in his Georgia election theft conspiracy case, Scott McAfee, rejected Trump's effort to dismiss on ridiculous First Amendment "protected political speech" grounds. And even Aileen Cannon, the corrupt Trump-appointed federal judge overseeing his case in Florida for stealing national security documents upon leaving the White House, finally issued an order rejecting his absurd Presidential Records Act defense as cause for pre-trial dismissal. Sad!

• The secretive, supposedly "centrist" No Labels group announced they will not be running a third-party candidate for President in 2024 after all.

• Kim Taylor, the wife of an elected Republican official in Iowa who was named as an unindicted co-conspirator, will get just four months in prison after being found guilty last year of 52(!) election fraud crimes, including registering and casting votes for her husband in the names of others. (Tip for vote fraudsters looking to get off easy: Be a Republican.)

• Wisconsin's newly progressive Supreme Court majority will now decide whether to reverse the previous right-wing majority's ban on the use of absentee ballot drop-boxes in the critical battleground state this year.

• An out-of-the-blue call on Tuesday by a rightwing extremist on Twitter to change the way Nebraska will allocate its Electoral College votes in 2024 --- in hopes of awarding an extra vote for Trump this year --- gained support just hours later from the state's Governor and the desperate former President before failing in a vote by the state legislature Wednesday night. Bigly. The measure still could come back up for another vote, however, before the legislative session's end on April 18, or in a Special Session thereafter if called by the Governor.

• Following a reportedly tense call on Thursday between the nation's two leaders, the White House announced that President Biden issued a warning to Israel's far-right Prime Minister Benjamin Netanyahu: Change course in Gaza or...else. The White House said the President demanded swift changes to Israel's war on Gaza to allow much more food and humanitarian aid to reach starving citizens and protection for both civilians and relief workers. Though it remains unclear how U.S. support may change, an Administration spokesperson said they expected to see action from Israel "in hours or days" before reassessing current policy.

• On Wednesday, Senator Bernie Sanders joined President Biden at the White House to tout their successful efforts at lowering the cost of healthcare and, specially, prescription drug prices following the adoption of the Inflation Reduction Act which every Republican in Congress voted again. After forcing Big Pharma to lower the cost of insulin and certain asthma medication for Medicare recipients to no more than $35/month, both men called for still more cuts in the price of overpriced prescription drugs sold in America to everyone, not just those on Medicare.

• Finally, Desi Doyen joins us for our latest Green News Report with news on a looming, climate-change fueled hunger crisis in Southern Africa; the Biden Administration's largest-ever investment to decarbonize American manufacturing; how melting polar ice is bending time itself; and the opening of America's first commercial-scale offshore wind farm...which is decidedly not killing whales (insists Desi.)

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The Wisconsin Supreme Court appears likely to restore the availability of secure absentee ballot drop-boxes in advance of this year's pivotal election in the battleground state.

Last month, in Priorities USA v. Wisconsin Election Commission, a majority of the Wisconsin Supreme Court issued an Order which granted a petition to plaintiffs to bypass the court of appeal.

The Court agreed to take up the issue in an expedited fashion as to whether Wisconsin voters will be allowed to deposit their mail-in ballots in secure drop-boxes this year, following a ruling by the Court's previous majority that drop-box voting was in violation of state law. The order expedited briefing in the matter, and ruled that oral arguments will take place on May 13, 2024...

As it is said, "the arc of the moral universe is long, but it bends toward justice." It continues to bend mostly in that direction on today's BradCast.

Among our many stories today...

• Donald Trump finally coughed up a bond for $175 million --- of the $454 million plus interest that he still owes in full --- in his New York civil fraud case as his appeal continues.

• The judge in Trump's New York criminal trial related to hush-money payments to a porn star to help him win the 2016 election, has expanded his gag-order [PDF] against the disgraced former President to cover family members of jurors, witnesses, prosecutors and the judge himself, whose daughter had been repeatedly (and fraudulently) attacked in recent days by the GOP's Presidential front-runner. His trial, on 34 felony counts, begins on April 15.

• Gov. Ron DeSantis' packed state Supreme Court in Florida tossed out decades of state constitutional precedent to allow his Big Government 6-week abortion ban to take effect. At the same time, the court also narrowly allowed a Constitutional Amendment to protect reproductive rights on this year's general election ballot in the Sunshine State. It, like a measure to allow the sale of recreational marijuana that the Justices also approved for the ballot on Monday, will need to receive support from more than 60% of voters this year to take effect. Democrats are hopeful that the ballot measures could help them win back the former swing-state for the first time in years this November.

• GOP state legislators in Arizona are on the verge of adopting a ballot measure for this November which would end most early voting and vote-by-mail in the state where more than 80% of voters currently take advantage of such conveniences as well as end the use of convenient Voting Centers in the state's two largest (and most Democratic-leaning) counties. Since the resolution will result in a ballot measure, if passed next by the state Senate, it can't be vetoed by the state's Democratic Governor. On the other hand, it'll be something for voters to think about as Dems are now just two swing-seats away from flipping each chamber of the state legislature from "red" to "blue".

• Ever since Republicans decided to pretend the Presidential election was stolen from them with massive --- if evidence-free --- voter fraud in 2020, almost every case of such fraud that has been found has been carried out by Republicans. Today, we've got two more examples of GOP officials caught having committing such fraud. One is from a state Representative in Alabama who was forced to step down after lying about his residency (his seat was filled last week by a Democrat in a Special Election), and another was by a high-ranking state Republican Party official and rightwing talk show host in Georgia who was voted illegally 9 times. Both got off with largely slaps on the wrist.

  Whenever these stories have come to light in recent years, we've found ourselves comparing the velvet glove treatment of white, Republican voter fraud criminals to the years-long hell on Earth faced by Crystal Mason, the black Texas woman [pictured above] who was sentenced in 2018 to five years in prison for unknowingly casting an unlawful provisional ballot that was never even counted back in 2016. Last week, at long-last, Mason was acquitted of the charges she never should have never faced in the first place.

• Finally, Desi Doyen is back with our latest Green News Report, as an iconic cliff-side coastal road collapses amid heavy climate-change fueled rains in California; Republicans protest federal funding to rebuild the collapsed Francis Scott Key Bridge in Baltimore; a new report finds our man-made climate crisis is taking a brutal toll on the economy; and the Biden Administration's EPA makes some major moves on methane leaks and truck pollution...

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Today was Election Day in a bunch of states across the U.S. Important contests and ballot measures were before voters in this off-year election, including in Ohio, Virginia, Pennsylvania, Kentucky, Mississippi, parts of California and elsewhere. And, as covered on today's BradCast, things did not go well for voters in parts of at least two of those states on Tuesday. [Audio link to full show follows this summary.]

• As we reported at The BRAD BLOG earlier today in some detail, new, unverifiable touchscreen voting machines made by ES&S were reportedly flipping votes in Northampton County, Pennsylvania. This wasn't the type of "flipping" that we've seen many times in the past, where the screens on the voting system are not calibrated correctly and when one tries to select a candidate, a different one gets highlighted instead. This was quite different.

  At a number of precincts across Northampton, a largely suburban enclave outside of Philly, when voters selected either "Yes" or "No" in a statewide retention election for each of two judges (one D and one R), everything presumably worked as expected. But if voters chose "Yes" for one of the judges and "No" for the other, their votes would get reversed to the opposite selections. Making matters worse, the computer printout of those votes would be reversed, while the screen itself would show the voters' actual selections.

  Back in 2019, as we reported at the time, just after the ES&S ExpressVote XL systems --- wildly expensive computerized electronic pencils --- were first purchased for use in Northampton, there were a number of candidates who learned after the election they had received ZERO votes on them. That, of course, was not true, and the paper printouts from the systems were eventually used to discern what were believed to be the correct results of the elections. But, of course, there is no way of knowing if the printed paper records were actually accurate, whether voters bothered to verify them, or if they did so correctly even if they tried to. That's just a few of the problems with every touchscreen Ballot Marking Device (BMD) used across the country. (For example, every voter at every polling place in the entire state of Georgia is still forced to use similarly unverifiable BMD systems made by Dominion Voting Systems.)

  Shamefully, after the 2019 disaster, PA's Northampton County didn't dump the machines then and there and move to verifiable hand-marked paper ballots instead. Today, those same systems melted down for voters again. And, perhaps even more shamefully, the County officials who approved them for use in the first place were blaming everybody but themselves for it, including election officials and ES&S. Perhaps most shameful of all, one of the candidates who, in 2019, was reported to have received "zero" votes in his election at the time for Northampton County Judge, but later found that he had actually won the election, presided over what to do about today's mess. After the problems came to light, he was the Northampton County Judge who, rather than ordering a move to hand-marked provisional paper ballots, instructed election officials to continue using the machines despite the fact that they were reversing votes.

  One local outlet reporting on the mess described today's "solution" to the problem this way: "In cases where the error would pop up for the retention question, the county would flip the results during the post-election canvass." (!!!)

  As noted, this is just a mess. Much more on all of this on today's show. And, I suspect, we'll be covering it more in the days ahead. Let's hope there are no close elections either statewide or in Northampton when PA results are tabulated tonight.

• Also today, it is being reported that, according to several nonpartisan voting rights groups, "an extraordinarily high number" of voters in the zip code of Ohio State University never received their requested absentee ballots by mail. The state held a critical election for a Constitutional measure today to protect abortion rights, as Republicans in the state, including its Sec. of State Frank LaRose, have pulled out all the stops to block the Amendment from passage (including recently purging 26,000 voters quietly from the rolls after the election had already begun.) There is also a proposal to approve recreational marijuana on Tuesday's ballot. Once again, the results, whatever they may be, better not be close, or there will be some hell to pay in the Buckeye State, I suspect.

• In Wisconsin, Republicans appear to be working hard to ensure chaos for next year's critical Presidential election in the Badger State. State Assembly speaker Robin Vos, last week, advanced 15 articles of impeachment against the state's top election official, as part of their years long effort to blame someone --- anyone! --- for Donald Trump's 2020 loss in the battleground state.

• And, speaking of 2020, Mark Meadows, Trump's former Chief of Staff and current co-defendant in the conspiracy case against them and 17 others for attempting to steal the Presidential election in Georgia, is being sued by his own book publisher. The publisher, All Seasons Press, claims that Meadows' reported cooperation in Special Counsel Jack Smith's federal indictment against Trump for his attempt to steal the 2020 election, contradicts Meadows claims in his book that the election was "rigged" and "stolen". ASP is now suing Meadows for millions. And it's hilarious.

• Finally, Desi Doyen joins us for our latest Green News Report, as Australia braces for another record bushfire season amid an El Nino; October 2023 is officially declared the hottest October ever recorded on the planet; Michigan enacts sweeping climate and environmental legislation; and President Biden unveils the nation's largest investment in rail travel in 50 years...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Today on The BradCast: Is being a terrible human being now a requirement for all elected (and unelected) Republican lawmakers? It's sure starting to look like it these days. [Audio link to full show is posted below this summary.]

Among the stories covered today making that point and related others...

• Donald Trump's "Indictment Week" in New York gets pushed back (at least) another week, though The Joker may or may not have something to say about it this weekend at the Manhattan Courthouse.

• Former news anchor, Trumpist election denier and GOP grifter Kari Lake in Arizona is still busy hoaxing what's left of her supporters into believing she won last year's Gubernatorial election against Democrat Katie Hobbs. (No, Hobbs is not a "twice-convicted racist", no matter how many times Lake repeats that sleazy, false claim.) On Wednesday, Lake saw her 2022 election fraud claims rejected [PDF] by yet another court. This time, it was Arizona's Supreme Court. While rejecting most of her claims yet again, they did kick one of her seven claims back to a lower court for re-examination. That claim has to do with the signature verification process for ballots cast during early voting. Both the lower trial court and Maricopa County Court of Appeals misinterpreted the claim, according to the Supremes. We explain the claim in question, why it needs to be reheard, and why it will almost certainly not result in the 2022 election results being overturned.

  None of that stopped Lake from misrepresenting yesterday's ruling at the high court to her supporters on social media, to whom she tweeted: "HUGE: AZ Supreme Court Rules in Favor of Kari Lake." She didn't bother to share a link to either a news story or the Court's actual order with that tweet.

  But that may be a step up from when she lost every single claim, for a second time, at the Appeals court in Maricopa last month and declared: "BREAKING: I told you we would take this case all the way to the Arizona Supreme Court...Buckle up, America!"

• Speaking of obnoxious Republican liars, Florida Governor Ron DeSantis who reportedly did win his election last year, was furious at critics of his "Don't Say Gay" law enacted earlier in the year. Opponents of the measure, such as legal journalist Mark Joseph Stern pointed out at the time that the language of the bill allowed for a ban on "Classroom instruction by school personnel or third parties on sexual orientation or gender identity" in all public school grades, not just kindergarten through third grade, as DeSantis falsely claimed at the time.

  When critics pointed out that DeSantis was wrong, he sanctimoniously charged they were being dishonest about what the bill actually said, claiming it only applied to grades K through 3. "It's why people don't trust people like you," he chastised journalists at the time, "because you peddle false narratives!"

  Well, funny thing about that. As AP reported Wednesday, the DeSantis Administration is now "moving to forbid classroom instruction on sexual orientation and gender identity in all grades." They hope to expand the ban to grades 4 to 12 based on the original legislation in the state where the Governor and GOP Presidential hopefully unironically claims "Freedom Lives Here". DeSantis appointees heading up the state Board of Education and state Education Department will be voting to make the change next month. No legislative changes will be needed to be made to the existing law. Imagine that.

• Coincidentally, the Republican state lawmaker who authored FL's "Don't Say Gay" law, pleaded guilty this week to numerous federal felonies, including wire fraud, money laundering and making false statements, after fraudulently obtaining more than $150,000 in federal COVID relief funding for two businesses of his that were defunct during the COVID pandemic. The (now former) lawmaker, Joseph Harding, now faces years in prison. He will be sentenced in July.

• The Sunshine State is hardly the only one where elected Republicans are punishing state residents with hateful and cruel legislation. Nebraska's state legislature advanced a bill today that would ban gender-affirming care for minors. The anti-LGBTQ measure has been strenuously opposed by progressive state Senators, including one, Senator Megan Hunt, who has a transgender teenage son. We share some of her remarks today. Opponents vow to filibuster every single other bill on the state Legislature's calendar, effectively shutting it down for the rest of the session, in order to block the bill. It must survive two more debates before passage and signature by Republican Gov. Jim Pillen who vowed to sign it if it reaches his desk.

• Finally, after a bit of musical-ish listener email today, Desi Doyen joins us for our latest Green News Report, with bad news for the world's oceans; bad news for the West Coast salmon population; bad news for fresh water drinkers; but some good news for newly protected public lands and waters in several national monuments designated this week by President Biden...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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We've been telling you since Thanksgiving on The BradCast that Accountability Season is finally beginning to get underway as Election Season almost wraps up. Today's show is pretty much nothin' but accountability. [Audio link to full show is posted below this summer.]

Earlier this week, in the first of several conspiracy trials scheduled for far-right, white nationalist militia groups, the Dept. of Justice notched guilty verdicts for Seditious Conspiracy charges in relation to the Trump-incited January 6th, 2021 insurrection at the U.S. Capitol. Oath Keepers founder Elmer Stewart Rhodes III (a one-time guest on this program!) and its Florida chapter head, Kelley Meggs, were both found guilty by a jury on Tuesday. They and three co-defendants were also convicted of Obstructing an Official Government Proceeding and other charges related to the effort to block the peaceful transfer of Presidential power in a failed attempt to help Trump steal the 2020 Presidential election.

Each of the five defendants found guilty on several charges each this week are facing maximum sentences of anywhere from 40 to 86 years in prison for their crimes. So, what does this mean going forward for the other upcoming sedition trials and for those yet to be charged for the same felony crimes, such as Roger Stone, Alex Jones and...yup...Trump himself?

We're joined today by national security journalist MARCY WHEELER of Emptywheel to discuss all of that and much more! Among the related topics discussed...

• Why the convictions this week were important, and how the several trials of Oath Keepers and Proud Boys are being approached by DoJ as "interlocking conspiracies". In turn, they may result in similar indictments eventually against Trump insiders like Stone and Jones for seditious conspiracy and/or conspiracy to obstruct the government's peaceful transfer of power.

• Whether Trump will eventually face same charges and how much it matters whether he is indicted for Sedition versus Obstruction, both of which carry the same 20-year max sentences attached to them.

• Whether Merrick Garland's recent appointment of Jack Smith as Special Counsel overseeing both the federal January 6 probe and their criminal investigation of the classified and other documents stolen by Trump and obtained by the FBI at Mar-a-Lago is a good or bad idea. On that, she points out that Smith's mandate may eventually require a decision on whether to bring charges against Republican member of Congress like Reps. Scott Perry (PA) and Jim Jordan (OH). As she reported at Emptywheel recently, with a razor thin majority for the GOP in the House next year, such decisions could end up flipping control of the House from Republican to Democratic. Therefore, it may prove critical to have someone overseeing these investigations who is not a political appointee of President Biden.

• In the event that Trump is charged for any of these crimes, will it even be possible to find a jury that doesn't include a MAGA Republican willing to block any and all charges against the former President? On that, she notes, she is less concerned about such jurists than about Trump's skills as "a mob boss".

"Let me put it this way," Wheeler tells me on that point, "I'm far more worried about obstruction than I am about a jury. He's a mob boss. I think virtually all people really, really underestimate the degree to which he obstructed [Special Counsel Robert] Mueller in 2020 after Bill Barr came in. Barr got away with so much that people just can't conceive how effectively he killed the Mueller investigation and any other investigation that tied to him. So, he's not President, but he's still a mob boss." And that, she says, worries her more "than that a jury won't do their sworn duty."

And, in more Accountability Season news on today's program...

• Trump-backed U.S. Senate loser and former celebrity TV Doctor Mehmet Oz is apparently not welcome back on TV and can't find a job. Sad!

• Two longtime GOP operatives/yutzes, Jack Burkman and Jacob Wohl, who sent out tends of thousands of robocalls to black voters in five states before the 2020 election, trying to hoax them about phony dangers of voting by mail (and turning over their information to "The Man" in the process), were sentenced in Ohio this week. Their sentence, somewhat hilariously, includes 500 hours of voter registration work in low-income D.C. neighborhoods.

• And BREAKING just as were finishing up today: In a stinging loss for Trump, a three-judge panel (including two judges he appointed) on the 11th Circuit Court of Appeals, nixed the Special Master named by Judge Aileen Cannon (also a Trump appointee) to review the stolen government documents retrieved by the FBI from Mar-a-Lago. The court ruled Cannon had no jurisdiction to make any such appointment which served only to help the Mob Boss slow down the DoJ's investigation of Trump's theft of records, and apparent violations of the Espionage Act, the Presidential Records Act, and obstructions of justice...

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On today's BradCast: If the Republican Party wins a narrow majority in the U.S. House following this week's nowhere-near-a-red-wave midterm elections, will it have been because of gerrymandering? Our guest today explains why the answer to that question is unequivocal. [Audio link to full show is posted below.]

First up, however, a few observations on how Fox "News" uses its smartphone app to insidiously further brain-poison followers with rightwing propaganda and disinformation. Today's example: How very encouraging news from the federal government on the economy, with signs that inflation may be easing, sent the stock market soaring. But for duped users of the Fox "News" app, it became just more terrible news about the economy injected straight into their brains.

Next, we get caught up on the latest reported results from the ongoing tabulation of very tight Senate (and Gubernatorial) races in Arizona and Nevada, which, along with the critical December 6th U.S. Senate runoff election in Georgia will determine control of the upper chamber of Congress for the next two years.

Also, an update on the vote counting in Colorado's 3rd Congressional District where far-right Rep. Lauren Boebert --- listed in the New York Times' "Republicans expected to win easily" column this year --- has regained a razor-thin 0.38% lead over Democratic challenger Adam Frisch. That, after she was losing by just 64 votes overnight out of more than 300,000 counted.

In all of those states --- Arizona, Nevada and Colorado --- Democratic advocates are suggesting confidence that remaining untallied votes will secure victories for their candidates in most of those races, including those in which tallies show them trailing at the moment or just barely ahead. I'm dubious about some of those claims, but we'll see if they're right and which of the races end up in recounts as the grueling battles for narrow control of both chambers of Congress continues.

When it comes to the House, however, given the limp performance by Republicans on Tuesday, it's become clear that if they regain a majority there, it will only be due to gaming the electorate through both extreme partisan and racial gerrymandering...with the help of corrupt courts at both the state and federal level.

We're joined once again today by redistricting expert and author DAVID DALEY, a Senior Fellow at FairVote. In an article on this today at The Nation he describes how aggressive --- and frequently unlawful and unconstitutional --- gerrymandering by GOP legislatures in several "red" states following the 2020 Census, in concert with corrupt rulings from the U.S. Supreme Court and several state high courts, is to be credited for what most currently see as a likely, if very narrow, GOP takeover of the U.S. House. He calls it a "rigged House majority.'

"Republicans really won the redistricting wars," Daley tells me today. "Their partisan and racial gerrymanders won them more than enough seats to make up the difference between the two parties in what was essentially a jump ball election. By having gerrymandered maps in Florida, Ohio, Texas, Georgia; by having courts put a thumb on the scales for them in Alabama, Wisconsin, Louisiana and elsewhere; and by having blue state courts not allow Democrats to engage in the same kind of anti-democratic behavior, Republicans were able to take enough seats to take the House."

He explains: "Once you start adding up all of the states that Republicans claimed either through extreme partisan gerrymandering, and what the federal courts and the state courts gifted them; when you take the four seats in Florida, a couple seats in Ohio, a couple in Texas, in Tennessee, and Wisconsin; when you take the seats that Republicans bulldozed or hijacked from independent commissions in Arizona and Iowa, you're looking at somewhere between 12 and 14 seats --- which, I think, will probably end up being something close to twice what the ultimate majority in the House ends up being."

Finally today, Desi Doyen joins us for our latest Green News Report, with news on the rare, late-season Hurricane Nicole, which slammed into Florida's eastern seaboard overnight and a round-up of climate related victories and losses in Tuesday's midterm elections...

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