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

Among them...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stay tuned...

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Be sure to put on your mud boots for today's BradCast. You're gonna need 'em. [Audio link to full show follows this summary.]

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

• American Presidential Primaries and Caucuses were always confusing for voters. This year, they are even more so. That, however, suits Donald Trump just fine in advance of next week's Nevada Primary (on Feb. 6) and Caucuses (on Feb. 8 ), which have been rigged by Team Trump to assure he cannot lose a single delegate to Nikki Haley, his last remaining challenger for the 2024 GOP Presidential nomination.

• The day after the New Hampshire Primary last week, Trump supported an RNC executive resolution to officially declare him to be party's "presumptive 2024 nominee for the office of President of the United States." That, after nominating contests in only two states (Iowa and NH) where he won just 32 of the 1,215 delegates needed to clinch the nomination. Two days later (perhaps after receiving some sage legal advice) the desperate former President came out against the resolution, so the RNC promptly killed it. We what actually appears to have happened.

• Well-respected and very conservative former U.S. Court of Appeals Judge Michael Luttig filed an amicus (friend-of-the-court) brief [PDF] with the U.S. Supreme Court on Monday, arguing that the Justices must adhere to the "textualist" approach that rightwingers on the High Court have claimed to follow in recent years, as they weigh whether Donald Trump is eligible for the 2024 ballot under the U.S. Constitution's "Insurrectionist Disqualification Clause." Trump has "disqualified himself" for the office of President under Section 3 of the 14th Amendment, Judge Luttig and others argue in the brief, after having "engaged in insurrection" on January 6, 2021, when he "sought to prevent the vesting of the authority and functions of the Presidency in the newly-elected President." That, the brief contends, may be even worse than when South Carolina seceded from the Union on December 20, 1860 to "prevent the newly-elected President Lincoln from governing only in that State." The Justices must not construct an artificial "off-ramp" to avoid their Constitutional mandate, the brief asserts. The matter will be heard by SCOTUS on Thursday next week.

• Disgraced former Trump White House advisor and campaign Chair turned podcaster and con-artist, Steve Bannon, may be in more trouble than you know. He has already been convicted and sentenced to four months in federal prison for Contempt of Congress for his refusal to answer subpoenas from the House Select Committee investigating January 6. While free on appeal, he has also been charged by New York state for massive fraud in the "We Build the Wall" campaign which siphoned millions from duped Trump supporters. And now his former attorney in that case is gunning for Bannon's bank accounts after he was found to owe the law firm nearly half a million dollars in unpaid legal fees. Bannon's latest attempt to block his banks from turning over documents to the firm claims that doing so "poses a significant risk of compromising Mr. Bannon’s Fifth Amendment right against self-incrimination." Sad!

• BREAKING DURING SHOW: A Delaware court judge has voided Tesla CEO Elon Musk's nearly $56 billion compensation package, ruling it was unlawfully dictated by Musk himself to a non-independent Board of Directors in sham negotiations. Also sad!

• Finally, Desi Doyen joins us for our latest Green News Report, as President Biden puts a pause on approvals for new Liquified Natural Gas (LNG) export terminals; new reports find Canada tar sands are up to 6000% more toxic than previously known and that climate change made Brazil's Amazon rainforest draught 30 times more likely; and China, as it turns out, built more new solar power in 2023 alone than the U.S. has in its entire history...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As detailed on today's program...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Among the many stories covered today...

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

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

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

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

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

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

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Okay. I'm back. COVID free! (Again!) Hopefully for good this time, as discussed --- along with many other things --- on today's BradCast. [Audio link to full show follows this summary.]

Among the news we begin to get caught up with today after my rebound sidelining last week...

• My surprise COVID rebound last week and lessons learned in the bargain. If the news out of the federal courtroom in New York today in the second E. Jean Carroll defamation trial is to be believed, our disgraced former President may have his own new infection again soon.

• After, just last week, condemning those Republicans who "kiss the ring" of Donald Trump in order to save themselves, Florida Governor and failed 2024 Presidential candidate Ron DeSantis dropped out of the race on Sunday. And, yes, he kissed the ring in hopes of saving himself for 2028 by endorsing Donald Trump. DeSantis also used a fake quote from Winston Churchill when doing so, just so he could fail as spectacularly as possible on his way out the door.

• New Hampshire's first-in-the-nation primary is Tuesday and former South Carolina Gov. Nikki Haley is the last GOPer left in the race other than the twice-impeached, four-time criminally indicted former President. If one believes the pre-primary polling, the race will be over by Wednesday. And the guy who was, literally, praising the idea of a "strongman running the country" during rallies in New Hampshire over the weekend, and telling supporters that U.S. Presidents must have complete immunity to commit any and all crimes, will be on a glide path toward becoming the 2024 Republican nominee for President of the United States.

• While the DNC has not authorized a Democratic Primary in New Hampshire this year --- choosing instead to make South Carolina's February 3 contest the first official one for the Dems --- that hasn't stopped a write-in effort for Joe Biden in New Hampshire UNsanctioned Democratic Primary, in which Biden does not appear on the ballot. It has also resulted in what appears to be the first (known) dirty trick of 2024. NH voters began receiving robocalls over the weekend from "Joe Biden" instructing them not to vote at all on Tuesday. The incident is being investigated by law enforcement, but may give us an idea of what the abuse of Artificial Intelligence may have in store for us in this unprecedented 2024 election season.

• On Monday, the U.S. Supreme Court --- in a 5 to 4 ruling --- sided with the Biden Administration's Border Patrol and said that they may, in fact, remove razor-wire placed on the Rio Grande by Texas Governor Greg Abbott, after Abbott's actions have already resulted in the death of a mother and her two young children drowning in the river. But four Justices (Thomas, Alito, Gorsuch and Kavanaugh) apparently have no use anymore for the U.S. Constitution's Supremacy Clause which gives deference to federal law over state law.

• Finally, after weeks away from our flagship station (KPFK in L.A.) over the holidays and then during our multiple brushes with COVID, we were finally live in studio again and able to open the phone lines today to listeners on anything they wanted to discuss. Even if one of them felt like they had to lie to get on the air to say it.

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The headline from Fox "News" typified what passes for "coverage" in right-wing media: "Trump wins massive victory in Iowa". That contrasts sharply with The BradCast's headline: "Trump Underwhelms in Iowa".

One core factor in analyzing the significance of either a Caucus or Primary Election is voter enthusiasm, as reflected by turnout.

Even when the especially harsh winter conditions are taken into consideration, the turnout for Iowa's 2024 Republican Caucuses must be regarded as dismal. The number of votes cast, 110,298 --- down from nearly 187,000 in 2016 --- represents less than 5.3% of Iowa's 2,083,979 registered voters.

The 56,260 ballots cast for Donald Trump represented a meager 7.8% of Iowa's 718,901 registered Republicans.

The 51% Trump received in the 2024 Iowa Caucus is only 3 points greater than the 48% Lyndon B. Johnson, a then incumbent President, received in the 1968 New Hampshire Democratic Presidential Primary. LBJ's opponent, Sen. Eugene McCarthy (D-MN), received 42%. Johnson's narrow "win" in NH was followed by his decision to drop out of the race.

And while the 21,085 votes that third place finisher Nikki Haley received was also minuscule, any objective observer should not ignore a poll revealing that 43% of Halley Republican voters said that, if Trump became the nominee, they would vote for President Joseph R. Biden in the general election.

So which is it --- "massive victory" or "underwhelming"?

Nicole Sandler is back on today's BradCast with a special interview, and otherwise taking up guest hosting duties while Brad remains out with his COVID rebound. (He's doing better and hopes to be back soon!) [Audio link to full show follows below this summary.]

Among our stories today...

• The U.S. Dept. of Justice released a damning, 575-page report [PDF] detailing 'cascading failures' of law enforcement in responding to the 2022 mass shooting at Robb Elementary School in Uvalde, Texas. Nineteen children and 2 teachers were killed before law enforcement officers in Texas eventually shot the perpetrator. The report catalogues multiple points of failure by law enforcement officials, including a lack of leadership, training, coordination, communication, and poor decision-making that created confusion at the scene and delayed a confrontation with the gunman until a full 77 minutes after the first 911 call. The report also highlights the misinformation and poor handling of communications with victims' families in its aftermath. In a press conference regarding the DOJ's report on Thursday morning, U.S. Attorney General Merrick Garland charged: "The victims and survivors of the mass shooting at Robb Elementary School deserved better...It is now widely understood by law enforcement agencies that in active shooter incidents, time is not on the side of law enforcement. Every second counts. And the priority of law enforcement must be to immediately enter the room and stop the shooter."

• It was another potentially expensive day in court for the disgraced former President, in the second civil trial brought against him by writer E. Jean Carroll. Today, however, as his mother-in-law was buried, Donald Trump was absent. That followed admonishments by the federal judge on Wednesday for disrupting court proceedings. An earlier jury already established that Trump sexually assaulted Carroll in the 1990's and then defamed her following his Presidency, awarding her $5 million dollars. This new jury will determine how much more he has to pay for his defamatory comments about her while serving as President.

• Next, Nicole speaks with author KELLY CARLIN (pictured above), the only child of the late, legendary comedian George Carlin, about a disturbing new, unauthorized, AI-generated, hour-long YouTube 'comedy special' which used Artificial Intelligence to generate a fake version of her father. The video uses his likeness and signature style to say and do things her dad never said and never did. Reviews of the hour-long "special" have been brutal. But Kelly, who has also condemned the bastardized version of her father's work, details how AI is not only hoovering up and stealing the works of artists, writers and performers without permission, but also poses dangers to average citizens, whose likenesses can similarly be misused and abused with little hope for recourse under current laws. As Carlin warns in her conversation with Nicole: "This is bigger than a famous comedian, or a dead actor, or a live actor. This is about humanity having their autonomy and agency protected legally in this country."

• Finally, we close with our latest Green News Report, as the rightwing majority on the U.S. Supreme Court signals its readiness to gut federal agency authority to craft environmental regulations; a new breed of climate denialism is flooding social media; and how, while the rest of the globe is having its warmest January on record, frigid Arctic air in the U.S. is stranding drivers of both gas-powered and electric vehicles alike...

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Brad is out today, trying to recover once and for all from his rebound case of COVID. So guest host Nicole Sandler joins me (producer Desi Doyen) to bring you a fresh, new BradCast to tickle your ears and brain cells. [Audio link to full show follows this summary.]

Among our stories covered today...

• The U.S. Supreme Court heard oral arguments on Wednesday in two important cases: Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. On the surface, the two cases appear to be somewhat innocuous, focused on technical issues about the scope of federal fees and regulations. But, in reality, the cases are vehicles of the fossil fuel industry and rightwing legal groups to achieve their long-sought goal of dismantling federal regulatory and administrative authority by overturning the four-decade old, landmark precedent known as the "Chevron deference". It is, as Cornell Law School describes, "One of the most important principles in administrative law."

  Established in 1984's Chevron v. National Resources Defense Council, the ruling is a key underpinning of federal administrative law with broad applications to nearly every single aspect of American life. At its core, it holds that judges are not technical experts, so they should defer to federal agency expertise when determining Congressional intent on an ambiguous law or statute.

  According to legal analyst Ian Millhiser at Vox, Chevron "places strict limits on unelected federal judges’ ability to make policy decisions for the entire nation," establishing that it is "better for federal agencies, and not judges, to make these sorts of decisions". Millhiser concludes that overturning it would "shift policymaking authority from the executive branch to the judiciary," allowing unelected judges to effectively make policy and insert their own political or ideological preferences.

  In oral arguments at SCOTUS on Wednesday morning, four members of the rightwing supermajority on the packed and corrupted Court --- Justices Clarence Thomas, Sam Alito, Neil Gorsuch, and Brett Kavanaugh --- each signaled they were likely to overturn this landmark precedent.

• Details from the contentious federal court hearing in New York on Wednesday in the second civil defamation trial brought by author and former columnist E. Jean Carroll against disgraced ex-President Donald Trump. The judge threatened to expel Trump from the courtroom after he repeatedly ignored warnings to remain quiet as Carroll testified that he shattered her reputation after she publicly accused him of sexual abuse. A previous state case in NY established that Trump did, in fact, sexually abuse Carroll at a department store in the 1990s. That jury awarded her $5 million for the defamatory comments he made about her after leaving office. He has continued his defamation since then. The jury in this federal case will only determine how much, if any, damages should be for the defamatory remarks he made about her while serving as President.

• Finally, Nicole's speaks with author and communications expert ANAT SHENKER-OSORIO, founder of ASO Communications and host of the Words to Win By podcast. In an illuminating interview, Shenker-Osorio offers key insights and practical advice on winning political messaging, the ways in which the words that we use matter, and how to help ensure voters are engaged and informed that the critical 2024 election is now a choice between "freedom or fascism."

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Lucky me. I now have a rebound case of COVID. But with the first votes cast in the critical 2024 Presidential race in frozen Iowa on Monday night, I mustered as well as I could to bring you a fresh BradCast today. (No promises for tomorrow, however!) [Audio link to full show follows this summary.]

With that in mind, I need to keep this short and get back to bed. Among our stories covered today...

• Iowa's far-right GOP caucus-goers have a habit of backing losers. On Monday, a bare majority of them (51%) voted for Donald Trump in far below zero temps. Almost half of IA's GOP caucus-goers voted against him. But that was still more than enough to defeat the disgraced former President's splintered and woeful challengers. After burning about $150 million in his all or nothing quest to win Iowa, Ron DeSantis lost it. He came out with just 21.2% of the vote, narrowly edging out third-placer Nikki Haley, who still has a not-impossible-chance of defeating or, at least, challenging Trump in next week's first-in-the-nation New Hampshire primary. She finished just behind DeSantis with 19.1% on Monday night in IA. Both challengers have vowed to move on to NH. Vivek Ramaswamy, however, who finished in a distance fourth in IA, quickly bowed out and endorsed Trump. That's about all you need to know about Monday night when it comes to the horse race. Beneath that, however, there is much more, underscoring this unprecedented moment for the nation and the need for an overwhelming majority of voters to step up and save American Democracy this year.

• Meanwhile, down in Texas in recent days, 2028 Presidential hopeful, far-right Republican Governor Greg Abbott appears hoping to touch off a new civil war between his state's military and the federal government. In a multi-prong effort to goose his political fortunes by ensuring that immigration concerns will not be dealt with until a Republican President is in the White House (to get credit for it), and to further fuel his party's latest grift that, without a return to power for the GOP, a new "civil war" is looming, Abbott has deployed the Texas Military Dept. to the nation's Southern border. In doing so --- despite migration numbers recently plummeting thanks to high-level talks between the U.S. and Mexico --- Abbott has erected razor wire on the U.S. side of the Rio Grande and new steel fencing and gates to physically lock out U.S. Border Patrol from protecting miles of our national border. He has done so without permission of either the feds or local city governments. As the Biden Administration challenges Abbott's extra-Constitutional tin-pot authoritarianism at SCOTUS, a mother and her two young children died while attempting to cross the river over the weekend. TX troopers reportedly blocked federal officials from responding to a distress call from the Mexican government. As discussed, Republicans don't fear a new civil war. They want one. Or pretend to. And they certainly don't want to actually solve any issues at the border, else they'd have nothing to run on this November.

• Finally, Desi Doyen joins us for our latest Green News Report with new numbers from 2023's record heat and climate disasters; as Republican climate crisis denial continues on the campaign trail on behalf of fossil fuel industry funders (with increasingly deadly results); and as the Biden Administration moves ahead with rules to force polluting oil and gas companies to finally pay their fair share in return...

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IN TODAY'S RADIO REPORT: 2023 smashed records for global heating and billion-dollar weather disasters; Republican Presidential candidates vow to make climate change impacts as horrific as possible; PLUS: Biden Administration proposes first-ever fines to curb oil and gas industry's methane pollution... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): YouTube making money off new breed of climate denial, monitoring group says; Iowa's political paradox: red state leads in wind as GOP denies climate change; UN cites conflicts, climate disasters in somber 2024 global economic forecast; Fight over fishing regulation could help tear down the administrative state; Biden awards $623 million in grants to build out electric vehicle charging network; Cyberattacks on 2 water utilities raise questions about US preparedness... PLUS: A huge battery has replaced Hawaii’s last coal plant... and much, MUCH more! ...

As a poll-obsessed media focuses on what many see as a seemingly inevitable contest next November between the former and current Presidents, it has become easy to look past the distinct possibility that the U.S. Supreme Court might bring about a swift end to the 2024 Presidential campaign of Donald J. Trump.

By way of a Jan. 5 decision, in Trump v. Anderson, SCOTUS agreed to hear the former President's Jan. 3 legal challenge to the Colorado Supreme Court's ruling, in Anderson v. Griswold. In that case, the high court in CO ruled that, by reason of §3 of the 14th Amendment, Trump is an insurrectionist and, therefore, disqualified from running for the Office of President of the United States. The CO ruling has been stayed pending a final decision from the U.S. Supreme Court.

There are multiple reasons why the SCOTUS decision to hear this landmark case may not bode well for the former President, even if the many pundits are inclined to believe that a majority of Justices on the High Court will concoct some extra-Constitutional reason to allow him off the hook. Neither the facts, the law, nor published opinions advanced by conservative constitutional scholars support a decision to overturn the CO Supremes' landmark ruling.

While widely overlooked by most in the media, the identity of the parties could also be critically important. The Anderson Respondents --- 4 Republicans and 2 independents eligible to vote in the Colorado Republican Primary --- essentially represent the dwindling number of honest conservatives, who make up what might be described as the Liz Cheney Wing of the GOP.

Unlike Congressional Republican cowards, who know better, yet shamelessly embrace the dangerous Orwellian lies of a would-be dictator, GOP-appointed, life-tenured members of the federal judiciary need not fear being removed from the bench during a primary election by the MAGA base. While Trump sycophants in the U.S. House have demonstrated a willingness to initiate baseless, partisan impeachment inquiries, the prospect of impeachment of any Justice who voted to uphold Colorado's §3 disqualification decision, followed by a 2/3 vote to convict in the Senate, are so remote as to not even be worthy of consideration.

The lightning fast scheduling set forth in the Court's order to hear the CO matter reflects a recognition that, if it upholds the state trial court's factual finding that Trump "engaged" in an "insurrection" and the Colorado Supreme Court's legal determination that Trump is therefore disqualified by reason of §3 of the 14th Amendment, SCOTUS can both prevent the former President from running for office and afford voters --- especially Republican primary voters --- the opportunity to make an informed choice between qualified candidates.

The facts of the case --- if not necessarily the media punditry or courage of our Republican-appointed Supremes --- reflect that reality...