Today's BradCast --- from questions about classified Presidential documents to this week's hand-count of 2020 ballots in a swing-state county --- is ultimately about transparency and sunshine as the best disinfectants when it comes to politics and the necessity of public oversight for the health of American democracy. Even when it may seem annoying to some at first blush.

Much of the corporate media has been doing a fairly lousy job of allowing disingenuous rightwing opportunists to turn the recent reported discoveries of some classified documents said to have been found in old boxes at a Joe Biden office and one of residents into the very same thing that Donald Trump is facing potential felony charges for. In his case, any charges will most likely come in response to blatant disregard for the rule of law and the continuing-to-this-day obstruction of justice in his case of thousands of pages of stolen classified documents.

There is little comparison between the two matters, but the comparisons are being made anyway. Sometimes helpfully, sometimes lazily and destructively. In any event, Robert Hur, a former U.S. Attorney appointed by Donald Trump was designated on Thursday by Biden's Attorney General Merrick Garland to serve as Special Counsel in the matter of the Biden documents. That is a good thing, as it will ultimately serve to either expose crimes (unlikely, based on the currently known evidence, but always a good thing if there are any actual crimes) or end with a report from the Special Counsel finding no violations of the law by the President. A normal, non-Special Counsel probe by DoJ would end in either indictments or no comment, allowing false claims to be made forever.

I suspect many Dems will be annoyed by the appointment of a Special Counsel in the Biden case. But it is ultimately be better than the alternative. Transparency, sunshine and independent oversight are always good things.

In a similar vein, the second major story we focus on today involves a hand-count of hand-marked paper ballots from the 2020 Presidential election taking place this week in Lycoming County, Pennsylvania. It's a county where Trump won by more than 40 points in both 2016 and 2020, but where many Republicans have been conned into believing there was some sort of fraud that decreased Trump's win from 44.2 points over Hillary Clinton in 2016 to "only" 41.4 points over Biden in 2020.

There is zero evidence of fraud or programming error or mistally of any kind, but local Republicans --- hoaxed by opportunistic national liars --- have collected thousands of signatures to demand a public hand count. The County's of Board of Supervisors ultimately agreed late last year to allow one.

Some of the few covering the count at all in the national media this week have been snarky, snide or dismissive (MSNBC's Alex Wagner, for example, and the very computer voting and tabulation friendly media outlet VoteBeat). But, as it turns out, the count appears to be going smoothly, is reportedly confirming the original results, and was largely completed in just three days rather than the three weeks VoteBeat had suggested it might take, as they offered readers false and misleading claims about hand-counting. (They believe computers are more reliable for that sort of thing, even though the only way to know if computers have tallied paper ballots accurately is to...hand count them.)

But whether there is legitimate cause to be concerned about the results of a Presidential election two years ago in a far-right leaning swing-state county, and while even a hand-count is unlikely to persuade the most brain-poisoned of Republicans, public oversight of vote counting is ultimately a very good thing for democracy. In fact, in all of my years on this beat, I am convinced it is the only thing that can keep it viable and continuing here in the U.S. As you may have noticed, for good reasons and bad, confidence in democracy and election results have taken quite a beating in this country in recent years. That is good for nobody other than the charlatans and autocrats. Public oversight of election results, on the other hand, particularly if they confirm the original counts, can only help to shore up confidence by the electorate. Democracy needs that to thrive and survive

Once again, sunshine, transparency and oversight to the rescue...whether some may be annoyed by it or not.

Finally, we finish out today with Desi Doyen and our latest Green News Report, including some disturbing new climate data from NOAA and the latest dumb pretend freak-out by Fox "News"...

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It's January 6 again, so our "weird annual tradition," as our guest describes it today, continues on The BradCast. Sadly, so does the GOP's continuing threat to American democracy, two years after the deadly assault at the U.S. Capitol. [Audio link to full show follows below this summary.]

First up, it is also Day 4 of the House Republicans' failures to select a Speaker. There were some breakthroughs for GOP leader Kevin McCarthy on Friday, however, after 13 unsuccessful ballots (for the first time in 134 years). His desperation to give away pretty much everything in exchange for winning the weakest Speakership in history earned him another 15 votes or so from his GOP opponents. And, with that, he was finally able to get more votes than Democratic House leader Hakeem Jeffries. Nonetheless, he was still shy of a majority as we went to air today. So, the "Never Kevins" are still winning the day and the 118th Congress is still unable to get underway.

As one Democratic member, elected last November for a third term, noted about his time, so far, in Congress: "1st term started with a GOP-led govt shutdown. 2nd term started with a deadly insurrection incited by the former Republican president. And my 3rd term has yet to begin due to @HouseGOP’s failure to elect a speaker. Notice a pattern?"

All of this on the second anniversary of the deadly, Donald Trump-incited insurrection at the U.S. Capitol back in 2021, as one of his last, desperate, failed attempts to steal the Presidency from the American people.

A memorial was held by House Democrats outside the Capitol today, in remembrance of those law enforcement officials who lost their lives while, and just after, defending it on January 6, 2021. We observed no Republicans at the ceremony.

At the White House, President Biden marked the occasion by awarding 14 individuals with the Presidential Citizens Medal. The awardees including three law enforcement officials who lost their lives and five who were critically injured that day. Also, a collection of bipartisan election officials, poll workers and others who defended the 2020 election at great personal threat, after being personally targeted by the former President of the United States and his supporters were honored as well. We share an excerpt from Biden's remarks today on the need to continue defending democracy and recognizing those who "stand watch" over it.

Finally, our "weird annual tradition" of visiting with the author and longtime Philadelphia Inquirer national columnist WILL BUNCH on January 6 continues today. He was with us on the program as the Capitol was under attack back in 2021, initially to talk about a different insurrection of sorts by Republicans at the state Senate in Pennsylvania.

Today was the third January 6 in a row he was able to be with us, and we focused today on the still-missing accountability for the ringleaders of the 1/6/21 attack, and on his latest column tying together that assault on democracy with this past week's GOP chaos and failure to select a Speaker in the U.S. House. They are all, it seems, of a piece, suggests Bunch, noting "the irony of this going on during the January 6 anniversary."

"No matter what sound minds want to get done, this band of obstructionists is in control," he argues. Citing them as "the spoiled children of Trumpism," Bunch says, "I would call them nihilists. They really believe in nothing other than their own air time, raising their own profile."

"Everybody in this [GOP House] leadership group voted to throw out people's votes in the 2020 election," Bunch, a resident of Pennsylvania, whose vote they tried to steal from him on January 6, 2021, notes. And it's not only those who tried to undermine democracy two years ago who have still failed to be held accountable. "The five freshmen who voted against McCarthy all ran as Trumpified election deniers."

"I mean, is it against the law to overthrow the government or not?," Bunch quips today, only somewhat rhetorically.

"The common thread is minority rule," he goes on to observe. "They believe they have some kind of divine right. It's really linked to these hierarchies of American life --- white supremacy, or white privilege, the patriarchy and other things. Running for office as the protectors of that. You're not going to do anything affirmatively to help people. You're just going to stop these people you see as destroyers of your way of life, your culture. It doesn't matter who gets the most votes, because the culture is more important than democracy. I think that motivates these people."

We discuss all of that and much more, as both Bunch and I share our frustration and hope that those who created all of these messes may finally face accountability some day soon...

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The last time multiple ballots were needed for any party to elect a House Speaker, a century ago in 1923, it took nine ballots to settle the matter. Today, before we got off the air from today's BradCast, Republican leader Kevin McCarthy had failed to secure a majority on the eleventh ballot. [Audio link to full show follows this summary.]

Not all hope is lost. There's still the all-time record of 133 ballots over two months in 1855-1856 that today's Republican Party has yet to break. Give them time.

So, the 118th U.S. Congress has not yet been gavelled into existence. But that's not the only place where Republicans seem to be tripping over their own legislative [bleeps].

On today's program...

• Up-to-the-minute coverage of the madness and idiocy of Day 3 in the Republican-led House; how the 20 far-right anti-McCarthyites are shooting themselves and their party in the foot; what McCarthy has already given away (pretty much everything) in his still-failed effort to win them over; how Trump may be the biggest loser of all here; the Democratic Party's continuing unified support for leader Hakeem Jeffries (the lead vote-getter, with 212 votes, on each and every ballot to date); why all of this is important and the dangers ahead; a reminder of what the nation is now missing without Dems in control of the chamber; and the question of whether Dems should help McCarthy win the Speakership in exchange for a promise to raise the debt ceiling to avoid a national and potentially global depression, as suggested by Rep. Brad Sherman (D-CA).

• In Pennsylvania on Thursday, Democratic Gov.-Elect Josh Shapiro tapped former Philadelphia city commissioner and election official, Al Schmidt, a Republican, to serve as Sec. of the Commonwealth.

• Also in the Keystone State this week, Democrats in the State House have out-maneuvered Republicans to seat a House Speaker. In a surprise victory last November, Dems won back the majority from the GOP for the first time in a decade, but only by one seat. Then, one Democratic member died and two others vacated their seats for higher office. Until special elections to fill those three seats can be scheduled, both parties were claiming the majority and the right to run the House, set the legislative agenda, and schedule the special elections, which will likely result in a clear majority for the Dems after they are finally held. But Dems were able to win over some Republican votes to elect one of their own as Speaker in a surprise victory this week.

• In another surprise victory for Democrats, this time in the very Republican Ohio state House, Democrats out-maneuvered the GOP again by voting en masse with a group of Republicans to elect a more moderate Speaker than the one the GOP had chosen as their leader just last month. The power struggle comes in the wake of a still-unfolding racketeering scandal for the GOP as the state's former Republican House Speaker, Larry Householder, begins a federal trial this month with his co-defendant, the former Chair of the Ohio Republican Party, regarding $61 million in alleged bribes to pass legislation to help bail out energy giant, FirstEnergy.

• Finally, Desi Doyen joins us for our first Green News Report of the new year, with a ton of stuff we missed over our holiday break, and a bunch of stuff that has happened since our return, including the roll out of billions of dollars in infrastructure upgrades and new incentives for consumers to move to clean, renewable energy, as adopted when Democrats controlled both chambers of Congress...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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IN TODAY'S RADIO REPORT: U.S. Dept. of Justice sues to clean up Jackson, Mississippi's failing, beleaguered water supply; Hawaii's Mauna Loa volcano shuts down global CO2 monitoring site; Biden Administration releases strict new methane emissions standards for drillers; PLUS: Interior Department announces new funding to help tribal communities escape rising seas... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): West Africa's deadly rainfall in 2022 made '80 times more likely' by climate change; Black Friday's 'Enormous Environmental Impact' Sparks a Green Backlash; U.S. government pledges $250 million to help ailing Salton Sea; More than 70 percent of English water industry is in foreign ownership; Competitors chip away at Tesla’s US electric vehicle share; CDC expands polio wastewater testing in MI, PA; Puerto Rican towns sue Big Oil for climate damages; Officials fear 'complete doomsday scenario' for drought-stricken Colorado River... PLUS: Poet yells at newspaper article on Greenland ice melting.... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Missing 'red wave' in 2022 midterm elections is good news for the climate; New reports warn of skyrocketing methane levels; PLUS: Mixed results for state environmental ballot propositions... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Former Interior Secretary Zinke wins Montana US House seat; A NASA satellite launched to detect dust has discovered huge methane leaks; COP27: John Kerry makes his move on private climate finance; Heat pumps mandated in Washington state; No Surprise: Climate Denier John Stossel Spreads Disinformation about EVs; US To Climate Summit: American climate policy won't be repealed; How Mitsubishi vacuumed up tuna from a rogue Chinese fishing fleet; Who's driving climate change? New data catalogs 72,000 polluters and counting... PLUS: How to Live in a Catastrophe: In search of a way to think clearly about the planetary crisis... and much, MUCH more! ...

Republicans and corporate media appeared to be shocked on Tuesday night. But it looks like we had it right all along on BradCast regarding this year's midterm elections. And, once again, the corporate media didn't. But, good news for them! As usual, they'll pay no price for being wrong, no matter how many times they ill-serve the nation with their failures. [Audio link to full show follows this summary.]

There was no "red" wave. Conventional wisdom, as we've been advising since early Spring, was to be ignored before this year's midterms in these decidedly UNconventional times. If we could see that data --- sometimes via polling from some of the very same media outlets --- why couldn't the corporate media? Maybe its group think. Maybe its because whatever Republicans tell them they believe to be the truth, or simply report it as such.

In any event, while there was no "red" wave, it is still quite possible that Republicans win majorities in both the U.S. House and the Senate --- if just barely in each case. And while Dems, as we go to air today, have an apparent edge to hold on to their Senate majority, it'll almost certainly require another win in another U.S. Senate runoff in Georgia next month to nail it down. There even remains a long-shot chance that Dems can keep a majority in the House as well, and that, as we explained yesterday, it all may come down to the effect of unusually large downpours on Tuesday's Election Day in both Northern and Southern California.

Either way, for the moment, American democracy, while still on life support, has lived to see another day. For now. In similarly encouraging news, our previous President may even finally face some accountability from his own infuriated party. They were deprived of what should have been a huge and easy win on Tuesday, but for the rightwing loons that Donald Trump helped push into the Party and onto ballots across the nation. Many of them, if not all, lost bigly.

On today's program, we discuss all of the above and, based on what we know as of airtime, run through a ton of critical victories and losses --- including both inspiring surprise wins and several disappointments --- in dozens of states, at both the state and federal level.

As of yesterday's election, anyway, American voters (including many young ones, thankfully!) appear to have held the line for democracy. It is not dead yet. For that, I hope you'll take a minute or two to breathe a small sigh of relief. But not too many minutes. The good fight ain't over yet. Not by a long shot...

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We try (though don't always necessarily succeed) to lighten things up a bit on today's BradCast, on the final day before our critical midterm Election Day on Tuesday and the rare Blood Moon eclipse that heralds its arrival after midnight tonight. [Audio link to full show is posted below this summary.]

After a weekend full of "experts" and TV pundits telling us that Democrats are going to face a bloodbath in both the House and Senate on Tuesday --- they might, though the TV pundits have no actual idea one way or another --- we open the phones to second opinions from listeners.

First, however, some quick items of note...

• PDiddie's latest weekly political toon collection at The BRAD BLOG helps speak for us today when it comes to who you should make damn sure to vote for in the midterms. Hint: Candidates who prefer democracy over autocracy would be a very smart place to start!

• In case you're wondering which candidates those might be, Washington Post offers a few hints today, as they round up some of the key lawsuits filed by Republicans hoping to disenfranchise voters in the critical battlegrounds states of Pennsylvania, Michigan, and Wisconsin. The suits seek to toss out thousands of perfectly legitimate absentee ballots lawfully cast by legal voters.

• A screw-up admitted by election officials in Cobb County (Atlanta), Georgia resulted in more than 1,000 absentee ballots failing to go out to voters who requested them. A consent decree via a last minute lawsuit may help make up for some of those votes, with the judge allowing those voters to receive ballots by overnight mail and count them as long as they're cast by Election Day and arrive by November 14, as overseas and military voters are already allowed. A similar problem, however, appears to have occurred for some voters in DeKalb County for reasons still unknown. Though its still unclear how many are affected, they may end up being disenfranchised in the critical swing state.

• We cover a few other items of note today as we go, but as we're hoping to lighten things up for a change today and bring some "joy" before Election Day, we turn to callers to see if they agree with the overwhelming consensus of corporate media of late regarding which party will win majorities in the House and Senate on Tuesday. The professional media have been reporting all weekend long (and, really, for the last two or three weeks or so), that Dems will take a drubbing on Tuesday. They might, of course. But there does seem to be some mitigating evidence to that conclusion, including unusually robust early and absentee voting numbers in critical states. Numbers that outpace 2018, when Dems saw a "blue tsunami". Of course, who knows who those early voters are actually voting for. Callers ring in with their own thoughts in response to the pundits and who they think will end up capturing majorities in the two chambers of Congress on Tuesday. As with professional, highly paid corporate media pundits, there will be absolutely zero consequences for our "caller pundits" if they turn out to be wrong...

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Today on The BradCast, we continue our focus on next Tuesday's critical midterm elections by picking things up, somewhat, from our conversation on yesterday's program. [Audio link to full show is posted below.]

We were joined yesterday by longtime election and voting system expert Eddie Perez to discuss, among other things, what he has been writing about as the "manufactured chaos" that Republicans are creating to wreak havoc in the 2022 elections.

Today, we dive into broader details of that organized, manufactured chaos program that is emerging as a national strategy by the GOP to create enough havoc around the country to allow them a patina of "evidence" with which to challenge results of election outcomes they don't like.

A number of seemingly disparate efforts are actually now emerging as of a piece with a national strategy that you (and the Democrats and the media) need to know about before it all comes crashing down at once amid chaotic smoke and mirrors on Election Day and thereafter.

This is clearly an effort that echoes the less coordinated post-election chaos of 2020. Many of the same players are involved, including corrupt Trump attorneys John Eastman and Cleta Mitchell, as well as his convicted former aide Steve Bannon, the laughable billionaire pillow guy Mike Lindell, not to mention those in the far-right political media set to help execute the strategy as if it is legitimate, from Tucker Carlson on down.

The hope, as Josh Kovensky outlines at TPM today, is to sow the seeds of enough chaos to be able to create court cases and "thousands of sworn affidavits" (sound familiar?) to "credibly" point to (false) claims of "fraud" in virtually any election around the country next week, if and when they don't win it. "The chaos is the point," he writes.

We pull many of these threads together on today's program. One example is the seemingly isolated case of the campaign manager for Maryland's white nationalist Republican candidate for Attorney General who directed supporters at a rally last weekend to vote next Tuesday "as late in the day as possible," explaining that, "If everyone could stand in long, long lines at 6 o’clock, that would actually help us."

Then there are the door-to-door canvassers --- organized in part by folks like Eastman, Bannon, Lindell, Mitchell and others --- who, according to a Reuters report today, have been active in at least 23 states. They are dressing as if they are government officials --- sometimes armed and with badges --- intimidating voters with questions about who lives in their house, what their voting record is, etc. They appear to be collecting information to use to challenge voters on Election Day at the polls and/or in the post-election period, as required to create enough chaos to offer the appearance of fraud and/or uncertainty in the legitimacy of election results. And, yes, Fox "News" and the rest will be standing by to report all of these false accusations as if they are real.

Forewarned is forearmed, as they say. It's important that you --- not to mention the Democratic Party and everyone at legitimate media outlets --- understand what is going on before the fog of chaotic election war overwhelms all of us beginning next Tuesday.

In a not unrelated story today, we noted yesterday that AP has found more than 100 election lawsuits have already been brought this year related to the 2022 elections. Most have been filed by Republicans in efforts to make voting more difficult. We detailed several of those cases yesterday (in Pennsylvania, Arizona and Nevada). Today we discuss one filed in Illinois that seeks to invalidate lawful absentee ballots that are cast on or before Election Day but do not arrive until afterward, in the two week period allowed by state law. A Republican Congressman is suing to block the counting of those votes, even though they are lawfully cast ballots that could include tens of thousands cast by members of the U.S. military stationed overseas. The complaint was originally filed in May of this year. But the Trump-appointed federal judge overseeing the case has yet to rule on it, for some reason, with Election Day less than a week away. Chaos in waiting.

Also, since we quickly waved at these Trump accountability stories at the top of today's show, some links for more deets for ya:

• A judge has appointed an independent monitor to oversee Trump Organization finances in the civil fraud suit filed by NY A.G. Letitia James against Trump, his company and his three oldest kids.
• The NY criminal tax fraud case against the Trump Organization is now under way.
• Top Trump aide Kash Patel has been granted immunity to testify against him before a federal grand jury probing the documents Trump stole upon leaving the White House.
• Trump settled the lawsuit against him for ordering his security goons to beat up protesters in front of Trump Tower in 2015, as jury selection was underway in the case.

Finally, Desi Doyen joins us for our latest Green News Report with a whole bunch of climate related stories both good and bad as winter is coming...

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On today's BradCast, we continue to focus on the critical November 8 midterms as we will most likely be doing between now and then and --- given how important and close many key races are expected to be --- probably well beyond Election Day. [Audio link to full show follows this summary.]

We're joined today by EDDIE PEREZ, who has spent more than 20 years focused on elections in various capacities. He spent some 15 years at the Austin, Texas-based Hart-Intercivic, one of the big three private voting system vendors in the U.S. He moved on to become Global Director of Technology and Standards at the nonpartisan, nonprofit Open Source Election Technology (OSET) Institute before, last year, becoming Twitter's Director of Product Management for Societal Health, where he played a role in fighting against mis- and disinformation at the beleaguered social media site. He left the company recently (before Elon Musk's takeover) and remains a Board Member at OSET.

Perez has been writing, blogging and tweeting of late on what he sees as "manufactured chaos" by Republicans in advance of the 2022 midterms, calling the threat they pose a "a knife at democracy's throat" and charging that the chaos is now "on a collision course" with next week's elections.

He worries and warns, both in his writing and on today's program, of "coordinated attempts to interfere with or potentially overwhelm what can broadly be regarded as normal election administration processes."

As usual, when Perez is kind enough to join us, he (a former voting system vendor) and I (a long time Election Integrity journalist and critic of vulnerable, difficult-to-oversee voting systems) both tussle and find common ground on many of these topics. We also discuss concerns about "manufactured chaos" on Twitter as well, now that Musk has reportedly withdrawn access to content moderation tools previously used by staffers to help curb toxic disinformation.

"It's genuinely not really clear whether Elon Musk fully appreciates the harm that can come from a social media platform, particularly in the realm of elections," Perez frets, adding that "we have seen this spin off in to political violence." He notes "the concerns are very real," but believes the "wheels haven't fallen off Twitter", at least not yet, assuring that there are "still good people there."

He warns, however, "it's a fragile time" and says it's good to have "conversations like this so that we can talk to your listeners about what they should be paying attention to and what they can maybe do to cut through some of the noise."

We discuss examples of chaos that most worry him and how no small part of the lack of confidence Americans now have in our election system may actually be due to the way voting system vendors and election officials have spent years preventing oversight by the public. Of course, much of it is due to Donald Trump's lies about the 2020 election. But Perez concedes that insiders, in fact, now pose a unique threat to democracy, as demonstrated by GOP officials facilitating the breach of voting system hardware and software in several different states and releasing its proprietary software to potentially nefarious individuals. Can that previously secret code now be used to undermine those systems next week? If so, how so?

"It has certainly not helped public trust in the machinery of democracy that voting technology is limited to as few companies as it is," Perez concedes, citing the proprietary software now used to run elections and tally votes in almost every jurisdiction in the country. "There is no doubt that having that whole ecosystem --- that can fairly be called a 'black box' --- is not helping. It is a kind of tinder box and has turned into a vacuum of information that a lot of conspiracy theorists have been happy to fill."

"On something as essential as the legitimacy of the outcomes in our public elections --- which, again, involves process and involves voting technology --- we can never ever discount the importance of transparency and accountability," he tells me, citing some of my own advocacy and criticism of voting systems and vendors over the years. "In that sense, I don't think it's unreasonable for some people to say that was a collective failure and, yes, that has contributed to us having a lot of the challenges that we're in today."

Of course, we also discuss what Americans can do now --- from voters to election officials to journalists --- to gird for the chaos that is almost certain to come and how best to defend against it.

Also today, several recent legal rulings in response to an explosion of election law challenges manufacturing more chaos around the 2022 elections...

• Our corrupt U.S. Supreme Court, along with the unexpected death of the Pennsylvania Supreme Court's Chief Justice, allows Republicans to obtain a ruling that may allow them to reject thousands of completely legitimate absentee ballots across the Keystone State, due to missing or incorrect dates written on their outer envelopes.

• A Trump-appointed federal judge in Arizona issues a ruling [PDF] to block voter intimidation near absentee ballot drop boxes, where masked rightwingers, toting guns and clad in tactical gear, have been menacing and photographing voters dropping of their ballots.

• Nevada's Sec. of State shuts down a slapdash, nascent rightwing effort in Nye County to hand-count early and absentee ballots after the hand-counters were said to be revealing results to the public during their tally in defiance of a state Supreme Court order. Thankfully, given the very few ballots they were able to count before being shut down (just 50 on their first day, in a County with some 30,000 voters), the damage was contained. But expect more such "manufactured chaos" between now and next Tuesday and, almost certainly, well beyond...

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We're just over one week from the most critical midterm elections in these United States since the Civil War. So, we've got a lot to discuss on today's BradCast. And the phones are finally fixed at KPFK, so we were actually able to hear from callers today as well! [Audio link to full show is posted below this summary.]

Among the stories covered on today's program before listeners ring...

• Why it really matters: A few thoughts on why, exactly, these elections are so critical, in all 50 states, for the future of American democracy itself; why you need to vote in whatever state you live in by Tuesday; and why, depending on how it all goes, this could be the last democratic election in this country. An overstatement? I don't think so in the least. But tune in for much more on all of that and for listner calls from folks who may or may not agree with me.

• If they can do it in Brazil: Great news! The far-right, Donald Trump-supported autocrat Jair Bolsonaro was deposed in a runoff election on Sunday to Brazil's former leftist President, Luiz Inácio Lula da Silva, popularly known as "Lula". The race was closer than polls had predicted, but it was the first time since the nation became democratized in the 1980s that an incumbent President went down to defeat. That is good for workers, that is good for the planet (given Bolsonaro's destruction of the Amazon rainforest), and, as Lula said up winning, good for democracy itself. "This isn’t a victory of mine or the Workers’ Party, nor the parties that supported me in the campaign," said the once and future President. "It's the victory of a democratic movement that formed above political parties, personal interests and ideologies so that democracy came out victorious."

• After all that: New polling out today from New York Times and Siena College finds four key U.S. Senate races are still polling pretty much where they were several weeks ago, despite recent breathless corporate media reports that Dem support was tanking and a "red" wave was forming. Perhaps it is, but that's not what today's new polling suggests. The Democratic Senate candidates in Arizona, Pennsylvania and Georgia all still lead their Republican opponents, if by slim margins, and the race in Nevada is said to be a dead heat. At least, if you believe pre-election polling. (And I wouldn't, if I were you.) It's all likely to be very close. All of it. Everywhere. Please get out and vote, as they did in Brazil...for democracy.

• Another assassination attempt on the Speaker of the House: We were off on Friday, so didn't get to ring in on it, but we've learned more over the weekend about the attacker who, echoing January 6, 2021 insurrectionists, was hunting for Nancy Pelosi as he hoped to use zip ties to restrain her 82-year old husband Paul last Friday morning at their house in San Francisco. The attacker ended up cracking Paul Pelosi's skull with a hammer before he was tackled by police. By way of contrast with the "outrage" expressed for weeks by Republicans at peaceful protests outside the homes of corrupt Supreme Court Justices several months ago, many of those same GOPers made jokes over the weekend about the attack on the Pelosis by a man who appears to have been a supporter of QAnon conspiracies and far-right commentators and who believed Trump's lie that the 2020 Presidential election was stolen from him. The 42-year old assailant has now been charged with both state and federal felonies, including attempted murder; assault with a deadly weapon; assault on the immediate family member of a federal official; and attempted kidnapping of a federal official. Paul Pelosi is said to be recovering after emergency surgery for a fractured skull.

• Calls forward: Finally, we open up the phone lines --- for the first time in a month, now that they're fixed here at the station! --- on all of the above and more with some very lively callers (several of whom, as usual, don't agree with me on every li'l thang...)

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On today's BradCast: With less than two weeks to go before this year's critical midterm Election Day, can the corporate media be convinced to take America's side in helping to save democracy itself? [Audio link to full show follows below this summary.]

We've devoted nearly two decades to calling out corporate media for their seemingly never-ending failures, the worst of which we may now be smack dab in the middle of, as they seem to have little to no appreciation for our endangered democracy and their no-small-part in helping bring us to this point.

Over the past two years, we've noted (among other failures) how the corporate media just can't seem to simply and clearly call out Donald Trump for having attempted to steal a Presidential election before our very eyes. Instead, as they report even now, he was simply trying to "overturn" or "undermine" or "challenge" or "question" the results, hoping to "roll them back" in order to "remain in the White House". But because they have failed to accurately and directly inform the American electorate that Trump and his minions attempted, repeatedly, to steal a Presidential election, a huge chunk of the citizenry continue to falsely believe the 2020 election was actually stolen from him, despite any evidence to support the false claim. Shamefully, hundreds of Republican candidates on this year's ballot continue to spread that lie and often go entirely unchallenged by the press.

"There's a journalism crisis in this country," charges our guest today, BRIAN HANSBURY, co-founder of the grassroots Media and Democracy Project. The media, he tells me, are "marching us towards fascism and a potential future where we're not able to have votes that have any meaning moving forward."

Hansbury's group recently penned an open letter to "American journalists, editors, producers and publishers" detailing the "urgent need for pro-democracy 2022 election coverage." In an op-ed this week at Salon, he warns that "Journalists who know the 2020 presidential election was free and fair still frequently describe those who lie about it as mere 'skeptics' who 'dispute the results.'" They are not "deniers," he insists. They are liars and should be described as such. He calls on "news media to urgently communicate" to the American public that the November 8 midterm is "not an ordinary election, but rather a contest between would-be authoritarians and candidates who defend the rule of law and the electoral system."

Hansbury's op-ed cites his group's open letter for more details in order to plead: "For the next two weeks, journalists must 1) make threats to democracy clear, 2) protect Americans against disinformation and 3) treat elections as if they are more important than the sports page."

We discuss what all of the above actually means and much more today, as Hansbury makes the case for the American media to, in fact, "take sides" at this point. "Media should be a partisan for democracy," he argues. "Ahead of the 2022 midterms, they should be picking a side, and that should be the side of democracy."

"When elected officials are lying to the public, that's a time when journalists and newsrooms should be taking the side of those who aren't lying to the public about something so fundamental to our rights, freedoms and democracy as elections."

"The 'both sides' thing," Hansbury asserts, is a "false equivalence that is constantly maintained in our national media between normal candidates --- and by 'normal' I mean those that don't lie to us about elections --- and these anti-democracy Republicans. And that normalizes the election lies. It allows for there to be this permission to continue to lie about elections."

The ability for so many candidates to continue to tell so many lies without being held accountable in the press, one can reasonably argue, is no small part of why so many races across the country are now believed to be so close this year. That, despite independently verifiable facts which contradict the candidates' lies...if only our media bothered tell the truth as clearly and relentlessly as the liars lie. It's only the future of American democracy at stake after all. Or, as Hansbury charges the media see it, just another way to "maximize profit, maximize engagement and deliver to advertisers."

Also today, in very related news...

• Jon Stewart --- yes, a comedian, rather than a journalist --- calls out Arizona's Republican Attorney General Mark Brnovich during an interview for refusing to clearly say, even two years later, that Joe Biden won the battleground state fair and square in 2020...even though the A.G. clearly knows that to be the case.

• In Pennsylvania, Everett Stern, a little known Republican running as an independent write-in candidate in the state's critical U.S. Senate election, dropped out on Wednesday to endorse the Democratic candidate, John Fetterman. He cited the need to place "country over party," in the race against Trump-endorsed Republican nominee Mehmet Oz, which is considered to largely be a dead heat at this point. In leaving the race, Stern announced: "I am polling around 3% which places Democracy at risk. In the interest of protecting the United States I am dropping out of the U.S Senate Race in PA. I fully endorse John Fetterman. The Democrats must win. PA must be Blue."

Good for him! Nice that there are still some Republicans who appreciate the danger American democracy now faces and the importance of saving it...

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On today's BradCast we've got an excellent idea for Democrats, Republicans and everyone else who has any concerns about accurately reported election results in this year's critical midterm elections. [Audio link to full show follows below this summary.]

But, first up, a few thoughts on a Republican Party in dangerous decline and what at least some long-time GOPers are now doing to put country over party.

We start with the sad tale, frankly, of how the GOP is using and/or abusing Georgia's former football hero and clearly unstable U.S. Senate nominee Hershel Walker for grotesquely partisan political purposes, despite the costs to the man who had no business or qualifications being put up as a candidate for U.S. Senate in the first place. In a thoughtful Twitter thread this week, Illinois' Democratic Rep. Sean Casten worries that Walker is on "a trajectory that does not end well." He describes him as "just one in a long, tragic legacy of disposable black men" for the Republican Party. Even now, Casten notes, elected GOP officials who put him up for the job have no interest in his well-being if there is any hope he might defeat GA's incumbent Democratic Sen. Raphael Warnock and help the party win a majority in the upper chamber of Congress.

There are some Republicans, however, who are proving to be much better than that. We are happy to laud some of them today, including Rep. Liz Cheney and (gasp!) Bill Kristol. Both are among a growing group of longtime GOPers who are not just calling out their party for the threat they now pose to American democracy itself, but are putting their money where their mouth is by actively supporting and endorsing pro-democracy Democratic candidates for office in battlegrounds like Pennsylvania, Michigan and Arizona --- and even in ruby-red states like Idaho.

"I don't know that I have ever voted for a Democrat, but if I lived in Arizona now, I absolutely would...for Governor and for Secretary of State," Cheney said last week at a McCain Institute event at Arizona State University. She supports the Democratic bids for Governor by Katie Hobbs and for Sec. of State by Adrian Fontes. "We cannot be in a position where we elect people who will not fundamentally uphold the sanctity of elections," Cheney explained, referring to GOP Gubernatorial nominee Kari Lake and SoS hopeful Mark Finchem, both of whom falsely claim the 2020 election was stolen from Donald Trump. If elected, both would be in a position to block state certification of a legitimate Democratic Presidential victory in 2024.

Of course, despite the complete lack of evidence to suggest that the 2020 election was stolen by anybody in any state, the lack of transparency and public oversight of our brittle and vulnerable computerized voting and tabulation systems makes it easy for charlatans to dishonestly claim otherwise.

We have long advised that voters show up to their local polling place at closing time in order to take photos and videos of the cash register-style poll tapes that are printed out by voting machines and optical scanners. They are supposed to be printed and publicly posted there at the end of the night. Public documentation of those records can be very helpful when compared to results eventually reported for those precincts by towns, counties and states.

A new smart phone app called Actual Vote makes that process much easier for voters of all parties or no party at all, promises our guest today, DANIEL WOLF, CEO of AmericaCounts.us, a non-profit tech company that developed the free app.

Wolf has been observing elections since 1984, when he was sent to research election systems in Nicaragua. He explains today how he was struck after the controversial 2004 Presidential election in Ohio when poll tapes from dozens of Counties went missing well before the 22 months they are required to be preserved under federal law. Comparison of contemporaneously printed results at the precinct on those tapes with final results reported later can be helpful in ferreting out fraud (either foreign or domestic) or simple programming errors. As importantly, this sort of oversight, he argues, can also offer confidence to the public that results were tabulated and reported correctly as per voter intent.

"If people took a picture of the [poll] tape in the past, the question was, 'Who do I send it to?," he explains. But Actual Vote, in addition to assisting in the recording of poll tapes, allows the user to press a button to send those videos to a secure public server, where they are posted and where analysts can transcribe their numbers and compare them to final results in key jurisdictions.

"Anything that pops out, we then would go back to the election administrators and say, 'Look, we found a discrepancy. What about it?'," Wolf details. "Most of those discrepancies are going to be resolved. But those that aren't resolved can then be looked at more deeply. And if they cannot resolve that, then it gives the candidate or anybody else who is concerned about that particular race the ability to go into court and say 'I have documented evidence of discrepancies in the results reporting'."

Wolf notes that while "laws vary" from state to state and jurisdiction to jurisdiction regarding the use of cameras at polling places, "once public information is posted in the public" after polls close, "you have a First Amendment right to take a picture of it."

His hope is that while Actual Vote could help surface fraud or simple error, broad use of the app may ultimately add confidence in election results for Republicans and Democrats alike, among whom he hopes to "ignite a war of mutual assured accountability."

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