"Democracies are rising to the moment," President Biden forcefully asserted during his first official State of the Union address on Tuesday night. "And the world is clearly choosing the side of peace and security." Is he right? We discuss that and much more on Biden's impossible address last night on today's BradCast.

Before we jump in, however, it was also Election Day in Texas on Tuesday, the nation's first primaries of the 2022 mid-term cycle. We briefly cover the reported results of the top-line races for Governor and Attorney General, as well as some interesting House races with progressive challengers on the Democratic side. There were also several curious anomalies we are looking into out Houston's Harris County, regarding the reported shutdown of some polling places to Democrats (and others, purportedly, shut down to Republican voters); some post-election squabbles on delayed results from the County, reportedly due to problems tallying long ballots on their new, 100% unverifiable touch-screen voting systems; and continuing concerns about thousands of rejected vote-by-mail ballots thanks to new restrictions on absentee voting enacted by the Republican lawmakers last year in the state's newly adopted SB1 law.

Our main focus today, of course, is on Biden's first SOTU. This one, amid a newly raging war on Ukraine, as the autocratic Russia continues its appalling attack on its democratic sovereign neighbor, and as the U.N. General Assembly on Wednesday condemned Russia's aggression and atrocities by a lopsided 141 to 5 vote. There were 35 abstentions (including China) and support for Russia offered from Belarus, Cuba, North Korea and Syria.

As if Biden didn't already have enough to worry about with the continuing, if waning (for now), pandemic; an insurrectionist and obstructionist Republican Party; two obstructionist Democrats blocking the bulk of his domestic agenda; and both an opposition party and corporate media hell-bent on weaponizing predictable post-pandemic inflation, even amid a booming economy with growing wages, record corporate profits, record low unemployment, and the highest growth in GDP since the 1980s. All of which has resulted, reasonably or not, resulted in Biden's approval ratings plummeting in advance of this year's critical mid-terms.

Any one of those issues (and, yes, there are more!) would be enough for one State of the Union address. Biden, somehow, had to deal with them all on Tuesday night.

We're joined today for our special coverage by fellow longtime progressive troublemakers and muckrakers HEATHER DIGBY PARTON of Salon and Hullabaloo and RICHARD 'RJ' ESKOW of The Zero Hour.

There is a lot to discuss today, as we break down key moments from Biden's remarks. But, just for a taste, while they both Parton and Eskow laud the President for rising to the moment and bringing the world together regarding Russia, on the domestic front, political trouble may loom.

"Democrats always have this problem," Parton notes. "The historical pattern here is clear. The Republicans come in and they wreck the place, and Democrats come in and have to clean up the mess. And in the first two years, it's really hard."

"He's not getting a break from the media," Eskow argues. "I think people are also terribly sick of COVID, and he's had to bow to that fatigue. On the grand scheme of things, the big lesson here is the limits of Presidential power, and the fact that he would love to be doing a lot more. Here's a man who spent 50 years running for President, now he's got it, and I feel sorry for him."

Did last night serve to help Biden and the Democrats change their trajectory as we head toward a mid-term election which the media continues to remind voters is (almost always) a historically difficult one for the party in power? Tune in for our special coverage and conversation on that and much, much more...

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Gotta keep this very brief as tonight's State of the Union address begins shortly (full coverage on tomorrow's BradCast), but the madness of Putin's war on Ukraine continues today, as some Republicans here at home seem to be rooting both for him and against democracy itself. [Audio link to full show is posted below this summary.]

We begin again today with coverage of the latest noteworthy news out of Russia/Ukraine, along with a few warnings about propaganda from all sides and the potential for erroneous reports amid the fog of war. Among the many stories covered today...

• The office of the Ukrainian President, Volodymyr Zelenskyy is reporting today that Russian bombs fell on Babi Yar, a Holocaust memorial site in Kyiv where some 34,000 Ukrainians were slaughtered by Nazis during one 48 period in 1941. The news offers a bizarre twist on the "denazification" that Vladimir Putin used as a phony pretext --- along with false claims of stopping a "genocide" --- when he launched his unprovoked attack on Ukraine last week.

• Nearly 700,000 refugees have reportedly fled the country, with tens of thousands still trying to get out. But more than 40 million men, women and children remain, and are still facing bombardment while valiantly defending the country and its major cities. For now.

• Swiss authorities report that the firm responsible for running the Nord Stream 2 gas pipeline from Russia to Germany on behalf Gazprom, the Russia-controlled gas giant which owns the pipeline, have been laid off and the company overseeing the project is either in or near bankruptcy. That, after Germany stopped certification of the new pipeline as Russia launched its war last week and as sanctions have resulted in the pipeline firm being unable to pay its workers.

• The International Energy Agency (IEA)'s 31 member countries, including the U.S., declared they will be releasing 60 million barrels of oil from strategic reserves in hopes of preventing global shortages and to ease the soaring price of crude. Knowing Big Oil and fossil fuel market speculators, its unlikely to have much effect. Though moving the world off of fossil fuels MUCH faster just might help!

• In a kind of amazing story, a Russian government climate scientist publicly apologized to Ukrainian scientists over the weekend during the Intergovernmental Panel on Climate Change (IPCC)'s final session to complete the group's latest blockbuster report released on Monday. The Russian scientist offered his "apology on behalf of all Russians who were not able to prevent this conflict," adding that "all of those who know what is happening fail to find any justification for this attack against Ukraine."

• Those remarks echo some points we tried to make on yesterday's BradCast in response to a few on the left (hopefully very few) who seem to be placing inappropriate blame on the U.S. and NATO for Russia's outrageous aggression and war crimes. While the U.S. and NATO have made a number of missteps since the fall of the Soviet Union, only Russia can be blamed for the deadly, unprovoked military assault now underway on an unthreatening neighboring sovereign nation. Here is a very short and helpful metaphor to help folks understand all of this, casting Ukraine as a woman trying to break up with her abusive ex.

• And, while the fight for democracy overseas is at a perilous moment, the Republican Party here at home continues to have completely lost its way. (Or, maybe, has finally found it.) Far-right Congressmembers Marjorie Taylor Greene (R-GA) and Paul Gosar (R-AZ) both appeared at a white nationalist rally over the weekend, where the leader of the group praised their "secret sauce" of "young white men" as the crowd cheered for Putin just before MTG took the podium. Sen. Mitt Romney (R-UT) condemned both of his colleagues on CNN on Sunday, noting, "I've got morons on my team." One of those morons, as we also discuss after playing some audio of his comments on the House floor today, is House Minority Leader Kevin McCarthy (R-CA).

• It's mid-term primary Election Day in Texas today and, as we discussed last week with the President of the League of Women Voters of Texas, the state's new GOP-adopted voting restrictions are resulting in a huge percentage of absentee ballots being rejected --- nearly 30%, for example, in Houston's Harris County. By way of contrast, the last mid-term elections in Texas in 2018, saw a 1% rejection of vote-by-mail ballots statewide. Some late absentee voters may still have until March 7 to cure any ballot deficiencies if they can get to the County Clerk's office in person to do so.

• Finally, Desi Doyen is here with our latest Green News Report, with more news on energy related sanctions and Russia; the disturbing new, 4,000 page IPCC report; and the U.S. Supreme Court's latest attempt to gut the EPA's statutory power to regulate deadly fossil fuel emissions...

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On today's BradCast: The greatest threat to autocracy is, of course, democracy. Which is why, I believe, Vladimir Putin is now threatening Ukraine and why Republicans in this country are (successfully) attacking the right to vote itself. [Audio link to full show is posted below this summary.]

On Ukraine today, we share the latest in the increasingly dangerous standoff that threatens to spark all out war in Eastern Europe, unlike anything seen since WWII. That, on the heels of Putin's increasingly militaristic and bellicose pronouncements and his unilateral declaration on Monday that two Russia-backed, separatist-controlled regions in the eastern part of Ukraine are now independent "republics" that Russian troops may enter (invade) at will, in defiance of international law.

In response to the increased aggression, and in hopes of staving off a full-scale invasion, the U.S. and some 27 European Union members have begun to institute a series of sanctions, including Germany's announcement that they are halting certification of the Nord Stream 2 gas pipeline, a lucrative project for Russia which they had spent years working to open.

In Washington today, President Biden offered brief remarks which we share, decrying the Russian President for "carving out a big chunk of Ukraine" in defiance of international law, even as Biden remains hopeful that diplomacy is still possible. At the same time, however, he announced what he described as the "first tranche" of economic sanctions against Russian financial institutions, as well as several elites and their family members, with much more to come if a full scale invasion is launched.

There is, of course, much discussion and debate about all of this, with experts and pundits choosing up sides and offering explanations for Putin's behavior. The U.S. and EU and NATO certainly play a part in this potentially lethal failure of post-WWII, post-Cold War European diplomacy. But the point for now that rings most true, at least to me, was cited today by the WaPo Editorial Board arguing that Putin's "true reason for targeting Ukraine is not Russian national security but to preserve his own power in Moscow, which would be threatened by a successful democratic experiment in a former Soviet republic of Ukraine’s size and cultural importance."

Yes, authoritarians hate democracy. It's as simple as that. Which is why we've seen, in this country of late, so many voter suppression laws adopted by GOP-controlled states in the wake of Donald Trump's loss in 2020 and his false, evidence-free claims that the election was stolen from him through some sort of "fraud".

We've covered --- and warned about --- the many new voting restrictions adopted by Republican-controlled states and legislatures since 2020 for months. Now we are finally seeing how those new suppression laws are having a direct and disastrous effect on actual elections, beginning with Texas, which is the first state to hold its primaries for the 2022 mid-terms, next Tuesday.

With new restrictions on absentee voting --- in one of the most difficult states to vote by mail already! --- an extraordinarily high percentage of absentee ballot applications have been rejected in recent weeks in the state's most populous counties. Many of the rejected applications --- more than 30% in Houston's Harris County --- were due to the new, and at times impossible, requirements to include identifying information that exactly matches that on the voter's record, even if they registered to vote decades ago and have no clue whether they included a drivers license number or a social security number or no number at all at the time.

But of those who are able to finally get an absentee ballot, the rejection rates, so far, of actual ballots in advance of next week's Election Day are stunning. 35% of ballots are being rejected in Harris County, the state's most populous (and most African-American); 26% of mail-in ballots in Dallas County; and 25% of ballots are being nixed in Collins County, just north of Dallas.

We're joined today by GRACE CHIMENE, President of the League of Women Voters of Texas, to explain what is going on in the Lone Star State; why it's going on; whether Republicans (whose voters are also being suppressed, if not in as large numbers) have any concerns about what is going on; and what, if anything, can be done about any of it in time for next Tuesday or, at the very least, before this November, when the number of voters --- and rejected applications and ballots --- will be much much higher unless the state's SB1 law is amended or blocked by the courts.

Chimene cites Texas officials who declared the 2020 election as "a very safe and secure election." Nonetheless, she notes, "the officials and the politicians who are writing these bills were the ones who won during the election. And it was safe and secure. So, really, I don't think they thought of this SB1 voter suppression bill, I don't think they thought of these ideas themselves. I think they came from someplace else and they were pushed out trying to meet somebody else's agenda of suppressing the vote even further here in Texas."

Election officials are now barred from informing eligible voters that they may vote by mail and, even when their applications or ballots are rejected, they are forced to be circumspect about why. Chimene explained that eventually officials were allowed to send a postcard to notify voters about rejected applications, but "what they don't tell them is where the mistake was in their application. They're not being told why the application was rejected, they're just notified that it was a rejected application." Notifying voters of rejected BALLOTS has been similarly fraught. "It's just a mess," the longtime non-partisan voting advocate tells us.

Chimene says that she "was hoping for some federal help, through federal legislation, such as updating the Voting Rights Act or the John Lewis Voting Rights Act, and it was so disappointing that that didn't happen." She calls out Texas Republicans for targeting voters and federal law enforcement for an inadequate response to it: "The issue is, who do they want to vote in the election, and how can they stop it? And it's just very disheartening to see this happening and that there's no help coming from the federal government."

What is now happening, in alarming numbers in Texas, Chimene explains, is "a way to stop people who have been voting for a very long time, very successfully, very securely and safely, and now they're unable to participate in the democracy. It's just bad news for democracy."

We seem to have quite a bit of that today...And not just in Texas...

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We'd love to tout all of the encouraging news we have for you on today's BradCast. We have quite a bit of it. Problem is, while we have a lot of it, each story is largely just marginally encouraging in and of itself. Still, these days, we'll take what we can get! [Audio link to full show follows this summary.]

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

• An appeals court in Wisconsin unanimously blocks a wingnut lower court judge's ruling from a few weeks ago that had declared the use of absentee ballot drop boxes to be in violation of state law, despite the many years that they've been in use. Who knew? So, good news that the judge was overturned for now. Bad news that the appellate court order only applies for now to the state's upcoming February primary elections.

• Seemingly encouraging news out of Alabama today --- perhaps the only unqualified good news we've got to share with you all day, in fact! A three-judge federal court panel --- including two Trump appointees --- have rejected the state GOP's newly redistricted U.S. House map, declaring it to be an unlawful racial gerrymander in violation of the federal Voting Rights Act. The court's ruling, if it withstands appeal, would require the Republican-majority state legislature to draw two Black majority districts instead of one. That, in a state with a 27% Black electorate, represented for years by 6 Republican White men and 1 African-American Representative.

• While the U.S. (and EU and NATO) continue their warnings of an "IMMINENT INVASION!" of Ukraine by Russia, Ukrainian officials have a message for the world: Please calm the fuck down! (Though please keep sending those weapons in the mean time.)

• Oh, look! Wingnut radio conspiracy theorist, professional grifter, Donald Trump buddy, and key instigator of the deadly January 6th attack on the U.S. Capitol, Alex Jones, quietly sat down this week for questioning with the U.S. House Select Committee investigating Trump's attempt to steal the 2020 election. That, even though Jones had previous filed a lawsuit to quash his subpoena from the Committee. Apparently, he pleaded the Fifth "almost 100 times" for some reason in the bargain, he says.

• And, speaking of pleading the Fifth, (former?) law professor John Eastman, who wrote the memos detailing a plot for how then Vice President Mike Pence could "legally" steal the election for Trump by refusing to accept lawfully certified 2020 Electoral College votes on January 6th, also chose to avoid self-incrimination in criminal matters by invoking the privilege when he testified recently to the Committee. As of a court hearing on Monday, we now know he did so 146 times! That, according to details proffered during the hearing for a suit in which Eastman is suing his former employer, Chapman University. He is hoping to prevent them from releasing 19,000 of his emails subpoenaed by the House Select Committee and written from his university email address while working for free for Trump (unbeknownst to the non-partisan university, which eventually fired him for doing so.) The judge in the case is reportedly not happy with Eastman, and has ordered him to make a list of which of the 19,000 subpoenaed emails he believes should be withheld from the Committee due to attorney-client privilege.

• Meanwhile, it continues to be a lousy time to be associated with our disgraced, twice-impeached loser of a former President. Even for a coal lobbyist. Democrats in the Virginia state Senate say they are now united in their hopes of blocking the new GOP Governor Glenn Youngkin's nomination of former Trump EPA Administrator (and coal lobbyist!) Andrew Wheeler for the commonwealth's top environmental official. SAD! That, after 150 former EPA employees signed a letter to the state Senators accusing Wheeler of having "pursued an extremist approach, methodically weakening EPA’s ability to protect public health and the environment, instead favoring polluters." (Though because the state Senate Dems haven't yet taken the very rare step of blocking the new Guv's nominee, the news is still to be considered marginally good for the moment.)

• Finally, while it should be very good news that we are sharing our 1,200th Green News Report today --- coincidentally in the same week that The BRAD BLOG is celebrating our 18th birthday --- the fact that we've had to do 1,200 GNRs (instead of saving humanity and the entire planet about 800 episodes ago) makes the good news only marginal as well. As usual, the content of today's report doesn't help much either...though even there, we've got a bit of marginally encouraging news for ya.

You're welcome!...

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Today on The BradCast: While this week will be seen by history as a shameful one for American democracy --- or, more specifically, for 50 Republican Senators and 2 Democratic ones --- it may also eventually become a celebrated week for all of the encouraging criminal accountability news that is now coming in on what seems like an hourly basis for our disgraced and failed former President. [Audio link to full show is posted below this summary.]

Among the many stories covered today...

• After a year-long kabuki drama, played out only for the benefit of obstructionist Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), both have decided to include themselves in American history's hall of shame by siding with segregationists, anti-democracy activists and Republican authoritarians in the U.S. Senate to block much-needed protection for voting rights and American democracy. While claiming to support the critical, combined Freedom to Vote: John R. Lewis Act --- which would have helped to standardize voting rights for all, combat the GOP subversion of election results, ended dark money in campaigns, blocked partisan gerrymandering in all 50 states and restored what SCOTUS broke in the Voting Rights Act in 2013 --- the two both voted to ensure none of it could happen. They chose to embrace the Senate's undemocratic filibuster rule instead, just as opponents of civil and voting rights have done over decades of American history. We put a bow on the year-long saga today, share parts of Wednesday night's maddening debate, and join Sen. Raphael Warnock (D-GA) in his vow from the Senate floor to keep coming back "again and again and again" until the job of protecting and saving American democracy is won.

• In far less grim news today, the very very bad week for the Trump Crime Family continues to worsen. After Wednesday's devastating loss at his own packed and stolen U.S. Supreme Court, documents from the Trump White House regarding January 6, 2021 have reportedly begun flowing from the National Archives to the bi-partisan U.S. House Select Committee investigating the 2021 attack on the U.S. Capitol and Donald Trump's attempt to steal the 2020 election. We review a few interesting points of note from the High Court's crushing 8 to 1 ruling [PDF] rejecting Trump's claim of Executive Privilege in his failed effort to block the release of thousands of documents to the Committee, including what could be some very incriminating video tape.

• With hopes of hiding behind Executive Privilege all but dashed by SCOTUS, the ability of Trump's henchmen to avoid subpoenas for documents and testimony by the Jan 6 Committee is quickly fading as well. On Thursday, Ivanka Trump became the first family member to receive an invitation --- not yet a subpoena --- from the House Committee to answer a number of key questions about her role in January 6th, and her various reported contacts with her father that day and in the days prior. The letter from Committee Chair Bennie Thompson (D-MS) makes clear that the Committee already has a great deal of information. It will be tricky for Trump's daughter, who served as a White House advisor, to avoid speaking with them. It will be a crime if she lies to them.

• But that's not all. After New York State Attorney General Letitia James detailed evidence of years of bank, insurance and tax fraud by the Trump family this week, on Thursday, Trump's bad week became still worse. Fulton County (Atlanta) District Attorney Fani Willis asked a state Superior Court Chief Judge today to impanel a special grand jury in her nearly year-long probe of the apparent criminal conspiracy by Trump and many others (including WH Chief of Staff Mark Meadows, Sen. Lindsey Graham, Rudy Giuliani and more) to harangue, harass and threaten state election officials into reversing results of the Peach State's 2020 Presidential election, won by Joe Biden, in favor of Trump. Willis has said she will decide in the first part of this year whether or not criminal indictments are warranted for "potential violations of Georgia law prohibiting the solicitation of election fraud, the making of false statements to state and local government bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.” Uh, oh.

• Finally, Desi Doyen joins us for our latest Green News Report, covering the likelihood that Biden's Build Back Better bill, also blocked by Joe Manchin, will now have to be broken up into smaller chunks; the devastating volcano and tsunami disasters in Tonga; smashed heat records in the Southern Hemisphere; and Exxon's new ploy to pretend they give a damn about climate change...

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On today's BradCast: The ongoing GOP effort to undermine American democracy by making it harder to vote and easier to cheat in elections continues amid the fallout from Trump's attempt to steal the 2020 election. While you might think Republicans would pay a price for joining him in that effort, its Democrats --- and voters in general and American democracy itself --- paying the price, even as the Big Lie continues to fall further apart with each passing day. [Audio link to full show follows this summary.]

As you know, Republicans have been using false claims of massive (and, apparently, evidence-free) "voter fraud" in the 2020 election as a pretext to adopt new voter suppression and election subversion laws in GOP controlled states. The fruits of those corrupt efforts are already paying off. In Texas, for example, County Clerks across the state are reporting that the state's new anti-voting law, S.B.1, is forcing them to reject hundreds of legitimate absent ballot applications in one of the most difficult states in the nation to vote by mail already.

New I.D. requirements for ballot applications have resulted in rejections of nearly half of the absentee applications in Travis County, home to the state's capital of Austin. Worse, the state's Secretary of State has yet to issue rules for how County Clerks may legally notify or help the rejected voters to cure their applications in advance of the state's March mid-term primaries. (The application deadline is Feb. 18.)

Many of the rejected applications are from voters that have been voting by mail for years. But the new state law now requires applicants to include either a drivers license number or state I.D. number or the last four digits of their Social Security number on the application. While some don't notice the new requirement and are rejected on that basis, others do include one of those numbers, but are still being rejected! Why? As Democrats had warned when trying to block the bill, the TX law now requires that whichever number a voter uses on their application must match the number on their voter registration form, many of them completed years ago. If the voter includes a drivers license number on their application, for example, but their registration includes a State I.D. number instead --- or no number at all (as is the case with millions of voter registrations in the Lone Star State) --- their applications must now be rejected. Mission accomplished?

Meanwhile, the GOP's Big "voter fraud" Lie continues to fall apart in Arizona, where Joe Biden has been confirmed many times over to have lawfully defeated Trump in 2020. On Friday, in the second largest county in the state, Pima (home to Tucson), the Pima County Attorney's Office determined that, of the 151 cases referred to them as possible cases of voter fraud after 2020, ZERO actually merited criminal charges. There remain a handful of possible fraud cases elsewhere in a the state (less than 50). But, of course, if all known cases of possible fraud in Arizona turned out to be actual fraud and all of those votes were somehow in favor of Biden, there still wouldn't be nearly enough fraudulent ballots to reverse his 10,000+ vote victory out of about 3.2 million ballots cast in the state. Nonetheless, in AZ as well, Republicans are using their lies about "voter fraud" to make it harder to vote and easier for them to cheat in elections.

But the biggest story on today's BradCast involves gerrymandering, perhaps the most critical reason our federal government and our democracy has become so seemingly irreparably broken. Democrats in the U.S. Senate this week have combined the combined Freedom to Vote Act (which, among many other critical election reforms, makes partisan gerrymandering unlawful in all 50 states) and the John Lewis Voting Rights Advancement Act (which restores the requirement for federal pre-clearance of new election laws in states with a history of racial discrimination in elections after SCOTUS gutted the landmark provision) into one single bill called the Freedom to Vote: John R. Lewis Act. All 50 Democrats in the majority claim to support the newly combined bill. Zero Republicans do. But unless two Democratic Senators (Sinema and Manchin) agree to modify the Senate filibuster rule to allow democracy-saving legislation to be adopted with a simple majority vote, none of it will become law and the GOP efforts to game elections will be largely free and clear through 2022.

For several years, experts have been warning that, following the 2020 Census, the new round of redistricting was going to be very bad for Democrats in GOP-controlled states. That, after the U.S. Supreme Court gutted the Voting Rights Act in 2013 and later declared that federal courts may have no say at all on the issue of partisan gerrymandering, But, with about half of the new maps now redrawn by states in advance of the 2022 mid-terms (with several being challenged in state courts), are they as bad as many pundits had foretold?

A number of redistricting experts of late have suggested that the new maps aren't nearly as bad for Dems as they might have been. But is that true? We're joined today by Brennan Center's Senior Counsel for its Democracy Program, MICHAEL LI, who serves as the non-partisan organization's redistricting expert.

Last week, in an op-ed for Washington Post, Li describes the notion that gerrymandering hasn't been too bad for Democrats this year as a "misleading narrative" for a host of reasons. Experts, he notes, had predicted a bunch of safe Democratic seats would be remapped into Republican districts. "They expected Democratic seats to fall," Li explains. "But instead, what Republicans are doing is shoring up the disproportionate advantages they already hold" following the extreme partisan gerrymanders from 2011.

"In Texas, under the old maps, Democrats have 36% of the seats. Under the new maps they have 37% of the seats, so very little change," he tells me by way of just one example. "But the competition is gone. So whereas under the old maps there were competitive districts, under the new maps, even if Democrats got 58% of the vote [across the state], they would still have the same 37% of the seats, which hardly seems fair. Even if Texas turned deep blue, Republicans would have almost a 2-to-1 advantage. That's the perniciousness of the state's gerrymander."

There are other examples, in North Carolina for instance, where the maps are currently being challenged in state courts. We also discuss how the Supreme Court's unwillingness to hear partisan gerrymandering cases has affected all of this and whether or not the Court will similarly begin to turn away racial gerrymander cases as well in the not too distant future.

Li goes on to explain why the Freedom to Vote: John R. Lewis Act --- if Republicans or Manchinema were to allow it to be passed into law --- "would be a game-changer" on this issue. It "would transform redistricting. There would be a ban against partisan gerrymandering in Congressional redistricting. It would be easy to calculate and figure out whether a map violates that and, if a map does, then it's blocked from use pretty automatically, perhaps even in time for 2022 if Congress were to pass it soon."

But, alas, unless there are some surprises in the Senate this week, the bill is unlikely to pass anytime soon. So, what's left? Should Democratic-controlled states, in order to save democracy itself before the 2024 elections, gerrymander their own maps as aggressively as Republicans have? As much as it pains me to do so, I have previously argued that they should. Does Li agree? Tune in to find out!

Finally, before we go, the mid-show breaking news that Rudy Giuliani and a number of others who were very close to the disgraced former President as he was attempting to steal the 2020 election have now been subpoenaed by the House Select Committee investigating the January 6th attack on the U.S. Capitol...

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We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

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On today's BradCast: There is a long list of pretty clear crimes that Donald Trump and his cronies have committed and might have been charged with by now. So far, however, a full year since he lost the election and nearly eight months since Merrick Garland was sworn in as President Biden's Attorney General, there is little sign of accountability for the disgraced former President at the federal level. Citing what they describe as a failure to meet this critical moment for the nation, some legal and Constitutional experts are now calling for Garland to resign. [Audio link to full show is posted below this summary.]

It's not as though the U.S. Department of Justice hasn't been busy in the wake of Trump's four years of undermining both the rule of law and the DoJ itself. They have, to date, brought charges against nearly 700 rioters incited by Trump to attack the U.S. Capitol in hopes of stealing the 2020 election somehow on January 6th.

In recent days, the Department has also filed two federal lawsuits against the state of Texas for their new voter suppression law and their clearly unconstitutional new law banning most abortions in the state. They've also brought suit against the state of Georgia in recent months, challenging their new voter suppression law as well.

Meanwhile, active investigations into Trump's potential violations of law are underway by state and local prosecutors both in New York and Georgia. But, at the federal level, there seems to be nothing, at least in sight, despite a laundry list of legal transgressions by the former President and his accomplices, dating well before his term in office and continuing right up through the very end.

"Over the past thirty years, Merrick Garland served with distinction as a federal prosecutor and then as an appellate judge," a new statement [PDF] and campaign by the nonpartisan legal advocacy nonprofit Free Speech for People (FSFP) begins. "Unfortunately, as Attorney General for the past eight months, he has failed to take any meaningful action to hold accountable former president Donald Trump and his co-conspirators for attempting to overthrow the government on January 6, 2021 and a flurry of criminal acts in the months and years leading up to that date. Instead, he has adopted indefensible positions of the Trump Department of Justice (DOJ) to protect Trump from accountability. Since Garland is unwilling to step up, it is time for him to step down."

Their statement this week concludes: "As long as Trump and his co-conspirators walk free, American democracy is in danger. We need an Attorney General who understands that danger and is willing to take action to protect democracy and the rule of law. Merrick Garland must resign."

In response to FSFP's campaign launched on Thursday, Laurence Tribe, Harvard Law School's renowned legal scholar and Professor Emeritus, tweeted out on Thursday night that while he was "not ready to join this movement", he believes it is "worth noting" as it comes from "serious and responsible" people. "DOJ must take note," he warned.

Joining us to discuss their call for Garland to step down is FSFP's "serious and responsible" Co-Founder and President, JOHN BONIFAZ, a longtime, well-respected Constitutional expert, author and accountability champion. Back in January, before Garland was even sworn in as Attorney General, FSFP led a campaign with nearly a dozen other good government groups and some 200,000 individuals who signed on, calling for the nation's top cop, once sworn in, to form an independent task force to investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."

Now, months later, with no sign of any such task force OR investigation, FSFP has regrettably determined that Garland is not up to the task, with Bonifaz citing the apparent lack of charges --- at least so far --- against former Trump advisor Steve Bannon as "the last straw". Bannon was referred by the U.S. House for criminal Contempt of Congress to the DoJ two weeks ago. But as the group's statement observes, after detailing a panoply of apparent, if uncharged Trump-era crimes: "The last time that the House referred a contempt of Congress charge to DOJ, then-President Reagan’s prosecutors immediately brought the matter to a grand jury; it returned an indictment just nine days after the House vote."

In response to my questions as to whether federal probes could be ongoing at DoJ, but we simply don't know about them yet, Bonifaz cites the agency's prosecution of Trump lawyer Michael Cohen for charges related to a criminal conspiracy the DoJ declared at the time was "directed" by Trump, and the ten or more instances of Obstruction of Justice by the then-sitting President, as cited by Robert Mueller's Special Counsel investigation. While it has been DoJ's (ridiculous) policy that sitting Presidents may not be indicted while in office, that excuse is long gone, Bonifaz argues. "The fact that there's been no action whatsoever on any of these offenses, including the ones that were well-established the moment that Garland took office as Attorney General --- that is deeply concerning, and signals that they ultimately do not intend to engage in holding him accountable. We're ready to be surprised, but at this point, nine months after he has taken office, we need new leadership at the Dept. of Justice, in our view, to ensure that the rule of law is enforced."

Does Bonifaz believe that Biden's DoJ may be trying to protect the office of the President itself from charges of political bias or from the DoJ being used as --- or being seen as being used as --- a political weapon? "What is at issue is that the Donald Trump Administration and Donald Trump himself used the Dept. of Justice as his own private agency to cover up. So what's critical now is that the Justice Department establish itself as an independent agency that's not going to carry out the political agenda of the President. If anything, doing what they're doing, in this particular instance, indicates somehow that they may have political considerations at stake," he contends. "That they may not want to engage in indicting a former President because of the impact it will have on the current President and his own political agenda --- that is just as wrong as a decision by Donald Trump to misuse the Justice Department for his own political purposes."

"There is no get-out-of-jail-free card because it's hard for the nation to handle it, or because we somehow need to come up with this fiction that the President is protected in a special way than others are," he asserts. "He's a former President, and if he engaged in these federal crimes, he needs to be held accountable."

There is, of course, MUCH more from Bonifaz today on all of this, including whether he thinks folks like Harvard's Tribe and other accountability groups may sign on to FSFP's effort) they are collecting signatures on a petition at GarlandMustResign.org); the outrage of actual legal protections the DoJ has been offering on Trump's behalf in court; and whether he believes that state prosecutors in New York and Georgia, at this point, are more likely to ultimately bring at least some accountability for at least some of Trump's many crimes.

Also on today's show, more troubling evidence of outrageously extreme partisan gerrymandering being enacted as we speak by Republican-controlled states around the country, and the need --- for the survival of democracy itself --- for Democrats to step up in response, whether by partisan gerrymandering states that they control or, preferably, by passage of federal voting rights and election reform legislation in Congress, such as the Freedom to Vote Act, to ban partisan gerrymandering in all 50 states prior to the 2022 midterm elections...

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On today's BradCast": Despite what you may hear from certain elements of the media, the differences between the two parties when it comes to democracy and voting rights could not be more stark. Democrats are currently trying (and still failing, so far) in Congress, to protect voting rights for all voters. Republicans, meanwhile, are undermining those most basic of American rights around the country, even while facing mounting legal problems for having been gullible enough to play along with Donald Trump's Big Lie effort to steal the 2020 election. [Audio link to full show is posted below this summary.]

But we've got a lot more than that on today's program. Among the many stories covered...

• More ballot initiative results from Tuesday's off-year elections, including out of Tucson, Arizona where voters, by a nearly 2 to 1 margin, approved a new minimum wage of $15/hour. The victory for some 85,000 workers in the state's Democratic stronghold comes just months after its Senior Senator, Kyrsten Sinema, infamously thumbs-downed her own parties efforts to raise the federal minimum wage nationally to $15/hour. Hoping she noticed what happened in Tucson on Tuesday, because we're betting the folks in Tucson noticed her thumbs-down.

• In New York state, all three election and voting rights reform propositions placed on the ballot by the Democratic legislature failed by wide margins. Republicans opposed all three and mounted an aggressive campaign to defeat them. Prop 1 involved redistricting reform. Prop 3 would have allowed same-day registration. Prop 4 would have allowed for no-excuse absentee voting in the Empire State. We discussed all three with two longtime NY election integrity advocates last week. Even though there was disagreement on several of measures, it's still a bit of a surprise that all three went down. That, even as Prop 2, a very progressive proposition on the same ballot establishing "the Right to clean air, water and a healthful environment" in the state's Constitution, did pass, by a more than 2 to 1 margin. Hmmm.

• On Wednesday, back in D.C., a Senate vote on whether to proceed to debate on the John Lewis Voting Rights Advancement Act --- which restores much of what the U.S. Supreme Court has gutted in recent years from the Voting Rights Act of 1965 --- was blocked by Republicans. All Democrats voted in favor (including Joe Manchin) and even one Republican for a change (Lisa Murkowski). But as with the similarly Manchin-approved Freedom to Vote Act two weeks ago, a majority vote was not enough to overcome yet another GOP filibuster in the U.S. Senate, requiring 60 votes to even move to debate. So now we seem to be getting to the point where both Manchin and Sinema may need to put up or shut up on reforming the filibuster to allow for passage of these bills to help save democracy itself. In the meantime, Sen. Amy Klobuchar (D-MN) and Majority Leader Chuck Schumer (D-NY) are vowing to "restore the Senate", whatever that may end up meaning, in order to push election and voting reform through. We'll see if that happens, because...

• ...As New York Times reports late today, the Democrats' big money donors are getting restless. They are whining that Joe Biden isn't giving them enough attention (good!) and that they are very unhappy about the party's seeming inability to adopt critical voting rights legislation. One major donor has gone so far as to vow to withhold any more money until election reform is passed. The pressure, even from wealthy donors, is welcome and could be helpful. Though what they believe President Biden is actually able to do if two intransigent Democratic Senators refuse to change Senate rules for passage is a separate question. Hopefully these donors also give to Manchin and Sinema and are cutting them off as well while they refuse to stand up and do the right thing for the country.

• On the other side of the political aisle, it's just nothing but ugly when it comes to democracy. Though some of our stories today may be worth popping some popcorn for. The Smartmatic voting tech company filed two new lawsuits on Wednesday against two "right-wing U.S. television networks," as Reuters properly describes them. One America News (OAN) and Newsmax are being sued for false claims made against the company, including that Smartmatic --- which doesn't have any election business in the U.S. at all other than a recent contract in Los Angeles County --- helped steal the election from Donald Trump in 2020. (And, yes, the fact that Smartmatic was brought into this at all is largely thanks to my series of exclusives from some years ago involving that company and its competitor Dominion Voting Systems, which Trump's dupes have happily misinterpreted and bastardized for their dumb corrupt purposes. You're welcome!) The two complaints are the latest billion dollar lawsuits filed by both Smartmatic and Dominion against the two right-wing networks, Fox "News", as well as Trump friends and attorneys like Rudy Giuliani, Sidney Powell and Pillow Guy Mike Lindell. We wish them all the worst of luck.

• Even wingnut Erick Erickson has had enough of the "Stop the Steal" falderal --- at least when he's drunk enough to say so after his party won a few elections on Tuesday night. His rant to his fellow Republicans includes stuff like this: "You idiots have spent a year peddling the fiction the 2020 election was stolen because you were so busy humping Trump's leg that you never really even tried to convince persuadable voters to vote. ... either admit the election wasn't stolen or STFU from here on out. ... And if you really have clung to the 2020 was stolen mythology that lets you sleep well at night as a professional victim, please unfriend me and unfollow me because your presence is needed in Neverland and not here in reality."

• And, back in Arizona, the GOP-controlled Senate appears to be threatening and/or turning on the Cyber Ninjas they hired for their pretend audit of Maricopa County's 2020 election earlier this year. Or, at least, they are play-acting as much for the benefit of a judge as the Senate is facing potential sanctions for failing to turn over public documents related to the phony audit which claims to have found that Joe Biden defeated Donald Trump by an even larger margin than originally certified in the state. But, as it turns out, even those numbers appear to have been "made up out of whole cloth" by the Ninjas, according to experts who looked a bit closer. This could get ugly. At least we hope so.

• Finally, Desi Doyen's got some seemingly good news for us coming out of the critical U.N. Climate Conference in Glasgow, Scotland in our latest Green News Report, along with results of a number of environment and climate related issues that were on the ballot across the country in Tuesday's off-year elections...

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Today on BradCast: No, Tuesday's off-year elections were not nearly as disastrous for Democrats as the national media seems to want to insist. But there were both red flag warnings and important lessons they should absolutely pay attention to, and quickly. There were also wholly avoidable voting system failures which, unfortunately, open the door for some results to be challenged. [Audio link to full show is posted below this summary.]

First up, the latest summary on the marquee Gubernatorial races that seemed to encompass the entirety of the national media's coverage on Tuesday and into Wednesday. In Virginia, decades of modern history repeated itself, as the party that didn't win the White House last year appears to have taken control of the Governor's mansion this year. Trump-endorsed businessman and first-time candidate Glenn Youngkin was declared the narrow winner over VA's Democratic former Gov. Terry McCauliffe, after Youngkin dog-whistled his kinder, gentler not-Donald-Trump-at-all act into office.

His campaign leaned heavily on pretend, Fox "News"-generated phony outrage issues like opposition to teaching Critical Race Theory in public schools, even though there are no public schools in VA who actually teach it. But fake issues are much easier for Republicans to run on than the unpopular ones they actually support. So, with that, it appears Republicans may also have narrowly taken back majority control of the Commonwealth's House of Delegates, though those final numbers were still too close to call as of airtime.

In New Jersey, it appears that history will not repeat itself. Democratic Gov. Phil Murphy was declared the unofficial winner by media outlets late during today's show. If officially certified, Murphy will have defeated Republican John Ciaterelli to become the first Democrat to win a second term in the Garden State since the 1970s. But Ciaterelli made clear on Election Night that he plans to challenge the results. Reported electronic pollbook failures across the state on Tuesday (little noticed by most of the media, though we covered the pretty serious issue in some detail on our previous BradCast) may well give him an opening to mount such a challenge --- not that Republican election challengers these days generally need real problems to buttress false claims of fraud when they lose. If Murphy ends up falling behind again, he too could use the failure in his own contest.

We detail what appears to have happened across the state, preventing many voters from being able to vote at the polls for several hours on Tuesday morning, and why we've been warning about issues exactly like this for years when it comes to electronic voting, tabulation and pollbook issues that continue to threaten democracy itself.

But while many Democrats have been beside themselves since the polls closed on Tuesday night, wondering where they went wrong --- at least in those statewide contests --- in truth, if you dig below the national headlines, progressives had a bunch of victories on Tuesday in local races and on ballot initiatives.

We're joined today by one of our favorite post-election guests (following both good and bad nights for Democrats over the years), progressive champion, JOHN NICHOLS, Washington Correspondent for for The Nation, longtime contributor to The Progressive and Associate Editor of Madison, Wisconsin's Capital Times. We try to make sense of where both Dems and national media went both right and wrong during both the election and its aftermath. Why, for example, in both VA and NJ, where Democrats held control and adopted a host of very popular progressive policies in the past several years, did they have such a difficult time turning that record into victories yesterday? We also discuss several progressive wins that flew beneath the radar, and what Dems in D.C. and across the nation should take from what happened on Tuesday.

Finally, we close with a boatload of under-reported progressive wins in Tuesday's elections across the country, including historic mayoral victories from Boston to Pittsburgh to Albuquerque to Cincinnati to Durham, NC and beyond, along with a number of local ballot initiatives that defy the media narrative of the past 24 hours which seems to be arguing that Dems must immediately start acting more like Republicans if they hope to have any chance of victory during next year's critical 2022 mid-terms...

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It's Election Day in America once again next Tuesday, whether you've noticed or not. In New York, democracy itself is on the ballot, even as longtime election and democracy champions (real ones, not the phony, post-2020 MAGA Mob fakers) differ on how to vote next week on three different democracy- and elections-related Constitutional amendments. On today's BradCast, we discuss all three proposed measures which will have far-reaching consequences for voters both in New York and across the nation. [Audio link to full show is posted below.]

But, very quickly at the top of today's show...As Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) continue to obstruct and, actually, shred the bulk of the far-reaching, long-overdue progressive social safety net and climate change agenda of Joe Biden and pretty much the entirety of the Democratic Congressional caucus, we offer a friendly reminder.

Dems insist on making their Build Back Better package fully paid for (unlike the deficit spending in the separate bipartisan roads and bridges infrastructure deal supported by Manchin, Sinema and a bunch of Republicans). But Sinema has nixed her own party's plan for a tiny tax increase on corporations and the wealthy, even though, in 2017, she voted against the $2 trillion Trump/GOP tax cuts for those same people.  One alternate "pay-for" mechanism now being proposed by Dems is a wealth tax on those worth more than a billion dollars or who made $100 million for three consecutive years in a row. On Wednesday, however, Manchin was suggesting such a tax might be too divisive for his tastes, by "targeting" certain people.

So, here's the reminder, courtesy of Americans for Tax Fairness and the Institute for Policy Studies Program on Inequality: There were 614 U.S. billionaires before the pandemic and 745 of them now. Billionaires have seen their wealth grow 70%(!) since the start of the pandemic, to more than $5 trillion. The money they made during the pandemic alone --- from March of 2020 through last month --- would fully cover the cost of Biden's entire 10-year spending plan in the Build Back Better Act, to offer a transformative expansion of healthcare, education, child care and take on climate change for every person in the nation, more than 330 million of us. Meanwhile, a White House analysis last month found that the wealthiest 400 families in the country paid an average federal income tax of 8.2%. (How much did you pay last year?)

Anyway, that's just a reminder as this madness continues. We'll likely discuss all of that more in the days ahead.

Meanwhile, voters --- at least some of them --- are heading to the polls for off-year elections on Tuesday. The neck-and-neck race for Governor in Virginia is receiving much of the attention, but we have our eyes elsewhere today --- on the great state of New York, one of the nation's, theoretically, most "liberal" states which has some of its most restrictive voting policies.

There are several important state constitutional measures on the ballot this year, with three of them having a direct effect on elections in the Empire State and even democracy across the nation.

• Prop 1 would make it easier for the majority party in Albany (currently Democrats) to approve new legislative and Congressional maps for redistricting following the 2020 Census. That, as Republicans pretend to be furious about the notion that it might allow partisan gerrymandering in the state (which we no longer oppose, for reasons explained again today --- at least until federal legislation bars it in all 50 states.)
• NY's Prop 3 would abolish the 10-day Constitutional deadline for voter registration before elections, paving the way for eventual election-day registration at the polls.
• And Prop 4 will remove restrictions on absentee voting in the state, where voters are currently required to attest to being out of town on Election Day or being too ill to go to the polls in order to vote by mail. The hope for proponents is that this will allow for no-excuse absentee voting in the future, as currently available in the majority of states.

While I suspect many believe that folks on the left side of the political aisle might favor all three propositions, that's not actually true, as discussed today with two of New York's longtime champions of election integrity. We walk through all three propositions with them to explain what each may or may not mean for voters and election integrity.

We're joined by DR. VIRGINA MARTIN, who served for 11 years, until 2020, as the Democratic Election Commissioner of the Columbia County, NY Board of Elections and ALLEGRA DENGLER, a longtime election security advocate with Citizens for Voting Integrity NY.

You may be shocked to learn that all three of us do not actually agree on how voters should vote on each of these measures. They each offer their own well-informed and nuanced opinions on the issues at stake in each ballot proposition. We hope this is helpful not only for NY voters, but for others around the nation, where similar issues are being addressed and debated at both the state and local levels, not to mention in proposed federal legislation.

Given Martin's decade-long personal experience as an election official, we also take a few minutes to discuss her thoughts on the ongoing nationwide assault and threats against election officials and poll workers in the wake of sore loser Donald Trump's evidence-free false claims of fraud in the 2020 Presidential election and the very real concerns (as opposed to the MAGA Mob's) when it comes to computerized voting and tabulation systems. Martin made a name for herself amongst election integrity advocates when, in 2010, she joined with her Republican counterpart on Columbia County's Board of Elections to carry out full, transparent hand-counts of hand-marked paper ballots in the county. That, after --- and despite of --- the state's mandate for optical-scan computerized tabulation systems in all of New York's 57 counties...

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From legal and election wonkery to supply chain wonkery, there is no wonkery that is too wonky for today's BradCast! But I suspect (or, at least, hope) you'll find it a pretty good show nonetheless. And you'll even find out why I actually agree (mostly, sort of) with not one, but two of Donald Trump's dumb, manipulative, self-serving statements he released yesterday! [Audio link to full show is posted below at end of this summary.]

• First up, Steve Bannon is in trouble. He has no legitimate legal claim to not answer the subpoena of the U.S. House Select Committee on the January 6th attack for both testimony and documents. Yet he's taking his (bad) legal advice from the disgraced former President and may wind up in jail because of it. If --- and it's still a big if --- Attorney General Merrick Garland is up to the job he was appointed to. We bring you up to date on all of the Committee's subpoenas to date, and who, other than Bannon, may also soon be facing criminal contempt charges.

• Then, on Wednesday, Trump issued two dumb statements that we, shockingly. can (mostly, sort of) get behind. The first one was simply this: "If we don’t solve the Presidential Election Fraud of 2020 (which we have thoroughly and conclusively documented), Republicans will not be voting in ‘22 or ‘24. It is the single most important thing for Republicans to do." --- Of course, there has been zero evidence of election fraud of any note from 2020 documented thoroughly or otherwise. But we definitely agree his Republican supporters should absolutely stay home during next year's mid-terms and 2024's Presidential election. It's just the right thing for Republicans to do. That said, I also explain why this statement may suggest that Trump, contrary to conventional wisdom of late, may not be planning to run for President again.

• Next, on Wednesday, a state Superior Court judge in Georgia (I misspoke on the show, describing this as a federal case) dismissed [PDF] the last major legal challenge still pending to the 2020 Presidential election in the state. It's a civil complaint filed by lead petitioner Garland Favorito of VoterGA. He has been on this show several times over the years, and who I've known him as an election integrity advocate long before Trump decided to pretend to be one. As explained, while I've got some problems with Favorito's lawsuit and, in fact, a number of claims he's made regarding the 2020 election since being discovered by the MAGA Mob (who, like Trump, also had zero interest in actual election integrity until now --- and still don't, to be frank), his lawsuit should not have been dismissed. At least not on the grounds that the Judge Brian J. Amero did so.

  The petition, seeking a physical inspection of absentee ballots in Fulton County (Atlanta), charges, among other things, that "pristine" counterfeit ballots --- never folded and bubbled in perfectly, as if by a computer --- were discovered during one of three statewide post-election "audits" last year. The evidence for the claim is largely based on allegations made by a woman who participated in the state-run hand-count "audit", though the affiant reportedly never brought the matter to the attention of officials during the audit and her story has changed somewhat over time, as she received attention from the MAGA media.

  Nonetheless, investigators from Republican Sec. of State Brad Raffensperger's office told the court this week that they examined the ballots in question, and reported to the judge that they could find no such "pristine" counterfeit ballots in the batches specified by the complaint. While the judge says he reviewed that report by the state investigators, he says his dismissal is for a different reason. He held that the petitioners had no legal standing to sue, since they could show no "particularized injury," affecting them "in a personal and individual way". In other words, while their complaint could be true, it affected all Fulton voters, not just Favorito and friends.

  It's not Judge Amero's fault. The judicial theory is absurd, but it is based on a ruling by the state's 11th Circuit Court earlier this year. It was used as the basis to dismiss a separate attempt to overturn Georgia's 2020 elections results filed by L. Lin Wood, one of several Trumpy attorneys who, like Rudy Giuliani and Sidney Powell, have had laughable, evidence-free 2020 "fraud" cases tossed out of courts and have been sanctioned for filing them. But the notion that a petitioner can't sue in Georgia, essentially because everyone has been affected by a certain alleged wrong, is a very bad precedent. And it's likely to harm other important and actually legtiimate lawsuits in the Peach State.

  More to the direct point here for now, as Favorito correctly noted in response to the ruling, according to the Atlanta Journal Constitution: "All citizens of Georgia have a right to know whether or not counterfeit ballots were injected into the Fulton County election results. It is not adequate for any organization [in this case, the inspectors at the Sec. of State's office] to secretly tell us there are no counterfeit ballots and refuse to let the public inspect them."

  He is right. And so was Trump --- accidentally and disingenuously, of course --- in his own dumb, self-serving response to the court's ruling on Wednesday when he correctly asked "Why can't the public see the ballots?" (Most of the rest of his statement was either wrong or ridiculous.) Favorito says he will appeal.

  As explained on the show in more detail, public elections belong to the public. And only public oversight of public elections offer any chance of avoiding the situation we are now in where dishonest cretins, like Trump and his supporters, can falsely claim fraud. Secret vote counting by computers and ballots kept beyond the (controlled) reach of the public will guarantee that such claims --- legitimate or otherwise --- will continue to be made in future elections. That is a grave threat to democracy itself --- just in case you haven't noticed. It is the one we are now facing. And it can only have a chance of being cured by public oversight. Favorito and the public should be allowed to visually inspect the actual physical ballots --- so long as he pays for the effort and the ballots stay in the custody of public officials (unlike what happened in the Cyber Ninjas' clown show "audit" in Maricopa County, AZ). If it reveals counterfeit ballots, good. We should know that. If it doesn't, even better. The claim can be, hopefully, put to bed.

  Anyway, more detail and explanation on all of this on today's program.

• Finally, Desi Doyen joins us for our latest Green News Report, on the disrupted global supply chain amid the pandemic resulting in a huge spike in energy prices and some very good climate news for both California under Gov. Gavin Newsom and the United States under President Joe Biden...

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As we head into a week of what House Speaker Nancy Pelosi understated over the weekend as "a time of intensity", we cover that on today's BradCast along with a bit of postmortem mop-up following last week's spectacular fail by the dopey Cyber Ninjas in their Maricopa County, Arizona "audit" of the 2020 election. [Audio link to full show is posted below this summary.]

This week, Congress --- and the Democratic Party which is now, apparently, being forced to run it all by themselves --- is facing several precarious moment on a number of fronts. For a start Congress must pass a continuing resolution to keep the government operating after September 30th, when the current fiscal year ends. Even more importantly, to avoid a "financial calamity", they must pass a resolution to suspend or raise the statutory debt limit --- the amount of money the nation can borrow to pay for spending that has already been approved by Congress --- before the country defaults on its loans for the first time in history at some point in October.

Republicans in the U.S. Senate are blocking Democrats from doing either of those things at the moment, in what Pelosi describes as brinkmanship that is "irresponsible beyond words". That, after Democrats voted with Republicans time and again (three times during the Trump Administration alone) to suspend the debt ceiling in order to pay for much of the $8 trillion in debt that was run up with Republican approval over the past 4 years when Donald Trump was in the White House and they controlled Congress.

We explain the incredibly dangerous (and hypocritical) game that Mitch McConnell and the GOP are currently playing with the world economy, even as Democrats face their own internecine battles over how to pass final approval for the Biden Build Back Better agenda, including a bi-partisan $1.5 trillion bipartisan infrastructure bill and a $3.5 trillion budget reconciliation bill (which Dems can pass by themselves, if they can agree on it) to expand health care, child care, education and much more, including long-overdue action to address on climate emergency.

Next, BradCast listeners last week may know that we were the first in the nation to break the news that the phony, so-called "audit" of the 2020 Presidential and Senatorial election results in Maricopa (Phoenix), AZ by the partisan, conspiracy theorist Cyber Ninjas outfit ended up proving that the Dominion Voting Systems computer tabulators used to tally results in the state's largest county did so accurately. That, according to the Ninjas' own hand-count [PDF] of some 2.1 million ballots. In fact, in a spectacular and hilarious failure, the Ninjas count found the margins of victory for the Democrats in both Joe Biden's Presidential contest and Mark Kelly's Senatorial race, were actually larger than those certified by the County and state officials last year.

But, while the Ninjas tried (unsuccessfully) to bury that embarrassing finding, they also tried to flood the zone with smoke and mirrors about tens of thousands of ballots that they suggested were either illegal or fraudulent in their three-volume report on the audit, and a three-hour presentation last Friday to the GOP-controlled AZ state Senate. There too, they failed spectacularly with one outlet after another, including the Republican-majority Maricopa County Board of Supervisors, fact-checking, debunking and explaining the so-called "critical" claims made by the Ninjas.

It seems the Ninjas never bothered to check with any actual election administration professionals, else most of their concerns would likely have been explained to them.

We're joined today for a postmortem debrief by an insider to much of the past five months of "audit" clown show theater in Maricopa,. You know him as that "bamboo guy". We have known him for many years as the longtime progressive election transparency advocate JOHN BRAKEY of AUDIT-USA. Brakey joined us previously at the beginning of the "audit" for an insider view, and as it continued on for months past its initially planned three weeks, after comments of his taken out of context by a local reporter went viral, reporting that Brakey was looking for bamboo in the ballots, suggesting they were fraudulent and stuffed into the ballot box by China (as many in the MAGA set falsely claimed). In fact, as the later posted full context of his remarks reveals, Brakey was explaining what the Ninjas believed, not him, and that he was participating in the effort in hopes of "ungaslighting" the public about false and otherwise evidence-free claims being made by Trump supporters about the election results.

Brakey worked --- for free, while also refusing to sign the Ninjas' non-disclosure agreement --- with AZ's former Sec. of State, Ken Bennett, a Republican, who was tapped by the GOP state Senate to serve as their liaison to the "audit".

"The whole thing was a grift. Okay?," Brakey tells me today after the audits conclusion. "They didn't want people to know how screwed up they were. They're the best talkers but the worst producers. They pretend to know what they were talking about." But, as Brakey explains again today, they didn't have a clue what they were doing.

Among the many questions of mine that Brakey speaks to today:

• Were his efforts to "ungaslight" the public by working on the audit successful or was it a mistake on his part to lend his credibility?
• Does he believe the minds of any of the MAGA Mob were ultimately changed through this exercise?
• As a long time election transparency and integrity champion, was there anything that the Ninjas DID uncover that was actually troubling and needs to be addressed or corrected by election officials?
• Will the AZ "audit" make similar post-election reviews more or less likely elsewhere in the country?
• What is the AZ Senate hiding by failing to release thousands of public documents and communications between them and the Ninjas (including emails and texts from Brakey), as ordered by a state judge?
• And much more, including whether or not the Ninjas ever found that elusive "bamboo" in Maricopa County's 2.1 million hand-marked paper ballots!...

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Get ready for another roller-coaster ride on today's BradCast, which also happens to be Recall Election Day in California. [Audio link to full show is posted below this summary.]

As of airtime on Tuesday, we heard of no major reports of voting problems at the polls across the Golden State, though that may be thanks to so many already having voted by mail or during early voting. But, while pretending to support "election integrity" during an interview on MSNBC, Larry Elder, rightwing talk show host and GOP front-runner to become Governor if popular Democratic Gov. Gavin Newsom loses on the ballot's first question, was busy lying about "fraud" and the "twisted results of this 2021 Recall Election" on his "Stop CA Fraud" website, before any results are known whatsoever. Oh, and he's also threatening the use of the "ammo box" if the results don't go his way.

(And, in related comment, we discuss why these "Will you accept the results of the election tomorrow?" questions are really unfair and unhelpful gotcha questions, that it would be really nice if media stopped asking.)

In far brighter news, a group of eight U.S. Senators --- representing the broad political spectrum across the Democratic caucus in the upper chamber and including Joe Manchin --- announced a "compromise" election reform package with a ton of really really good stuff in it. Among the huge number of long overdue reforms in what they have dubbed the "Freedom to Vote Act": Automatic and same-day voter registration for all; restoration of voting rights for former felons; federal minimum standards for absentee voting, drop boxes and early voting; an end to partisan gerrymandering; curbs on dark money in elections; the prevention of the ability of partisan state legislatures to overturn results derived by non-partisan election officials; new cybersecurity standards for computerized voting systems; and much much more.

The devil is often in the details, and I've yet to review the actual legislative text as of airtime, but from the summary description made available by Sen. Amy Klobuchar, chair of the Senate committee that oversees federal elections and campaign law, almost any one of the items included in this proposed bill would be hugely good news. I'll need to review the specific language on the measure's requirements for hand-marked paper ballots to sign off on that part of the bill, but even the proposed requirements for Voter ID are very good ones. They will serve to force states with purposely restrictive Photo ID voting restrictions (enacted to suppress the vote, not to protect against fraud) to be much less onerous, while avoiding new restrictive mandates in the majority of states which already have reasonable ID rules or few at all.

The legislation is based on Manchin's personal "compromise" version of the For the People Act and John Lewis Voting Rights Advancement Act, both of which have already been passed by the House. Manchin is one of the eight Senators who worked out this proposal, and is said to be reaching out to bring Republicans on board. Of course, even if all 50 Senators who caucus with the Dems vote in favor, as appears likely (Schumer says he is scheduling a vote for next week), it seems unimaginable that any Republicans will join them, much less the 10 that would be required to overcome a Senate filibuster. But with Manchin as a co-sponsor, it will now be on him to get the GOP votes needed for passage or face the prospect of no long-overdue election protection at all...UNLESS he is willing to support a "democracy reconciliation" carve-out to the Senate filibuster. It should be a very interesting, maddening and/or fantastic week or two. We'll be following it all very closely, of course.

And, as Dems are trying to improve representative Democracy in the U.S., Republicans are still, apparently, in the business of simply trying to kill as many Americans as they can to make some sort of twisted political point.

Yet another fervent, anti-vaxxer rightwing radio and TV host died from COVID over the weekend, the fifth in the past month and a half. And while we've had a modicum of sympathy for some of the others who have recently passed, as we explain, this one, 62-year old Bob Enyart, is very difficult to feel anything but contempt for.

We have slightly more sympathy, however, for the wildly misinformed and brainwashed 64-year old anti-vax QAnon supporter and highway overpass activist and YouTuber, Veronica Wolski who bragged last month on her final video about never having worn a mask in her life, and about the need to "NEVER COMPLY" with any COVID public health measures in order to "never give up your freedoms" so "you never have to fight to get them back."

She won't be fighting for anything anymore. Wolski died over the weekend from COVID-related illness in the ICU, but not before the QAnon dupes, led by disgraced Georgia attorney Lin Wood, sicced supporters on the hospital trying to save her life and threatened its workers with "murder" charges unless they agreed to treat her with Ivermectin, the horse deworming medicine not approved for treatment of COVID. That, before Wood declared on his Telegram channel to his more than 800,000 followers: "Now, we go to war."

Unfortunately, deadly climate change (not to mention COVID) is what wingnuts should be going to war against. As Desi Doyen explains in our latest Green News Report today, yet another massive tropical storm, Hurricane Nicholas, is now knocking out power (again) and drenching the U.S. Gulf Coast with some 20 inches of rain in parts of Texas flooded out in 2017 by Hurricane Harvey and sections of Louisiana that were already still under water following last week's Hurricane Ida. President Biden, meanwhile, is pushing for action on climate in his $3.5 trillion budget reconciliation bill, and his EPA is taking several long-overdue actions on behalf of clean, non-toxic drinking water across the U.S., and an age-old salmon fishery in Alaska...

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It's been a while since one of our favorite BradCast guests has joined us, and so we've got a lot to catch up with her on today, starting with the GOP's latest attempt to use "legal means to subvert democracy," as she describes it, out here in California. [Audio link to today's full show is posted below this summary.]

But, first some very quick news items today, including good news in Florida, where a state judge has struck down Republican Gov. Ron DeSantis' deadly ban on local and school district mask mandates as "illegal and unsupported"; Bad news in Texas, where three weak-kneed Democrats who returned to the state legislature after blocking a quorum for the last month, just allowed Republicans to adopt a sweeping new voter suppression law; Disturbing news in Russia, where massive wildfires are now said to be threatening a top-secret facility where nuclear war heads are made; Very disturbing news for New Orleans, where evacuations are underway with potentially killer Hurricane Ida quickly approaching; And some puzzling news out of Southern California, where a man was found by police with 300 stolen Vote-by-Mail ballots from California's Gubernatorial Recall election, which is now under way.

That's where we kick things off with award-winning Salon columnist, Hullabaloo blogger and fellow Californian HEATHER DIGBY PARTON today. For those who don't know, state Republicans received three extra months, due to the pandemic, to gather signatures for their attempted recall of the Golden State's popular Democratic Gov. Gavin Newsom, in a state where it is virtually impossible for the unpopular GOP to win normal statewide elections anymore. Vote-by-Mail ballots have been sent to all registered voters with two questions: 1) Should Newsom be removed from office? And 2) If so, who should replace him? There are 46 candidates listed under the second question.

As Parton recently wrote at Salon and details today, Newsom could lose on question 1 with 49.9% of the vote, while current GOP front-runner and far-right, Trump-loving radio talk show host Larry Elder, could then "win" on the second question to become the Governor of the nation's most populous state with just 15 percent of the vote.

Why Democrats didn't reform the state's "archaic" recall system after a similar scam was carried out by the GOP in 2003 to oust then Democratic Gov. Gray Davis and replace him with Arnold Schwarzenegger is a mystery. Though it speaks to the fact that Democrats, in general, as Parton argues, "have failed to understand the political culture that we're dealing with now, and fail to grasp just how important it is that they look ahead and take steps to protect democracy."

"I would say wake up, because this is happening nationally. It's happening in blue states,  red states, and everywhere else --- which is an absolute assault on democracy that's coming from the right," she explains, citing the national consequences as well for the outcome of the Recall on September 14th. "We have an 88-year-old Senator" who may need to be replaced by the Governor at some point. If that Governor is Republican Larry Elder, he'd flip the majority in the U.S. Senate with his appointment and "Mitch McConnell would be laughing and laughing and laughing at the idea that Biden's agenda was completely derailed by the lazy people in California who didn't come out to vote."

In addition to the Recall, we also catch up with Parton on the U.S. pullout from Afghanistan, and the ridiculous way the media has been covering the largest and, so far, most successful U.S. airlift in history, even as they otherwise haven't paid attention to what has been going on for most of the last 20 years of America's longest war.

We discuss how the GOP's long con of claiming to be "small government conservatives" has been exposed by the big government authoritarian edicts of Governors like DeSantis in Florida and Greg Abbott in Texas.

And, as if that's not enough, she also offers thoughts on the growing attempts to bring accountability for Donald Trump's attempt to steal the 2020 election, particularly by the U.S. House Select Committee examining the Trump-incited January 6th attack on the U.S. Capitol. "What they seem to be putting together is the case that Trump was planning to steal the election, and he was using the power of the Presidency to do it."

So, yeah, there's a lot to catch up on today, in yet another very lively conversation with our friend "Digby"!...

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