Following the tumultuous events of the last several days (and weeks) today seemed a good moment on The BradCast to check in on how the MAGA side of the aisle is processing everything that is going on. [Audio link to full show follows below.]

BUT FIRST, some quick news items, including the "roaring crowd" which greeted newly presumptive Democratic Presidential nominee Kamala Harris in Wisconsin, during her first rally following President Biden's decisions on Sunday to leave the race and toss his support to Harris. Tuesday's rally comes on the same day that Democratic Senate Majority Leader Chuck Schumer and House Minority Hakeem Jeffries joined a rapidly growing list of elected Democrats and pledged DNC delegates coalescing behind the Vice President's candidacy. It also follows on the all-time record shattering $100 million in donations that have flooded into her campaign coffers over the 24 hours following Biden's announcement and the nearly 60,000 voters since Sunday who have reportedly joined the campaign as volunteers.

Speaking to a huge crowd in Milwaukee on Tuesday, Harris --- a former California District Attorney and Attorney General --- described the choice this November as one between "freedom and chaos", as she laid out how she plans to prosecute her case against the 79-year old 34-time convicted felon, adjudicated rapist and fraudster, Donald Trump. We share a few sound bites from her rally today.

In other news today, Biden announced that he will address the nation from the Oval Office at 8pm ET on Wednesday explaining his decisions; Secret Service Director Kimberly Cheatle announced her resignation following the security lapse that led to the assassination attempt against Trump in Butler, Pennsylvania on July 13; And Democratic Sen. Bob Menendez of New Jersey finally announced he would be resigning next month following his conviction on 16 felony bribery and corruption charges. Fellow Democrats had been calling for Menendez' resignation for months, while Republicans, ironically, did not, since, after all, they are now supporting a man who has 34 felony convictions as their party's Presidential nominee!

IN THE MEANTIME, Republicans are having a difficult time figuring out their plan of attack against Harris after spending years assuming they'd be running against Biden. So, how are Trump's MAGA supporters responding to all of this?

We're joined today by former, dyed-in-the-wool MAGA member, RICH LOGIS who, after voting for Trump in 2016 and 2020 finally came to realize that he had been played for a chump as he had become little more than a member of a cult lead by the former President. Though it took some time to come to terms with it (as we've discussed with Logis on previous shows), he has courageously renounced his MAGA past, and has become the Founder and Executive Director of the non-profit called LeavingMAGA.org. It's mission statement: "Empower others to leave MAGA and tell their stories. Foster reconciliation with their friends and family. Develop movement leaders to help others leave."

As a former "MAGA American", Logis is also becoming our MAGA Whisperer. I wanted to touch base with him to find out how Trump supporters are processing the whirlwind of recent news, from the assassination attempt, to the naming of J.D. Vance as Trump's Vice-Presidential running mate, to the latest stunning turn of events with Biden dropping out and Harris taking over the ticket.

We've got a lot to discuss on all of those points, as well as on his continuing mission to offer a safe space for folks trying to extricate themselves from Trump's cult, and how he sees things playing out for MAGA World in the days ahead, based on whether Trump wins or loses this November.

"The assassination attempt, a lot of the rhetoric we're seeing now with Vice President Harris as the likely nominee, what it does is it really embodies that MAGA Americans view Mr. Trump as really the last stand," Logis tells me, after I share a clip from an Ohio state Senator who, yesterday at a Vance rally, asserted that "civil war" would break out if Trump loses. "And if he is not victorious," Logis continues, "if MAGA is not victorious, then it will mean that liberal democracy has taken over, and all of those in the MAGA community are going to lose their country." He admits, "it is what I believed."

Logis argues now, however, that "we need to move on from Mr. Trump, and the way that that will happen is that he and the Republican Party, ideally, are not just defeated but historically repudiated." In fact, he believes "the Republican Party is going to be historically renounced and repudiated in November. I think the Republican Party knows that."

We'll see if he's right. But we've got a lot to discuss along all of those lines with Logis today, including the years-long "grooming" of MAGA Americans by Trump, the rightwing media and cynical, opportunistic Republican politicians.

AND FINALLY today, some disturbing news out of Ethiopia, where heavy rain resulted in a pair of mudslides that have killed at least 229 people, including children, pregnant women and rescuers who had been searching for survivors from a previous landslide when the second one happened. That is followed up by our latest Green News Report with Desi Doyen, detailing the extraordinary climate legacy of Joe Biden, and the climate action records (or lack thereof) of both Kamala Harris and Donald Trump...

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Well, it's been several slow news days since we last spoke on The BradCast. Sigh... [Audio link to full show follows this summary.]

On Saturday, a 20-year old registered Republican tried to kill Donald Trump during a campaign rally in Butler, Pennsylvania with the type of long-range, high-capacity, semi-automatic rifle that Republicans have spent years fighting to ensure are easily available to almost anyone in the country who wants one. Their only use is for mass shootings. Now we've had one at a Republican political rally. Thankfully, the shooter, Thomas Matthew Crooks, barely missed the former President. Though he did kill one rally goer and critically injured two others.

Democrats, from President Biden on down, have since been calling for a cooling of political rhetoric, the type of which led to the assassination attempt on Nancy Pelosi's husband, the attempted kidnapping and murder of Michigan's Democratic Governor Gretchen Whitmer, and the attempted insurrection at the U.S. Capitol, among too many other such recent incidents.

Republicans, on the other hand, from the new Republican Vice Presidential nominee and Trump critic turned toady, U.S. Sen. J.D. Vance on down, have opportunistically used the tragic shooting to blame Democrats somehow for the attempt on Trump's life. Some have gone so far as to blame Biden himself in one for somehow personally attempting to murder Trump. Republicans have also attempted to use the incident as a way to chill factual, peaceful political speech that is appropriately and accurately critical of their standard bearer and the party's efforts to undermine America's Constitutional democracy in favor of autocracy and fascism.

No actual motive has emerged for the shooter who was killed by the Secret Service and has so far been identified as a gun enthusiast and "definitely" a "conservative" by one of his former classmates.

We discuss much more on that story today which should have been our lead and only story today. Sadly, it wasn't.

Down in federal court in Florida, the corrupt Trump-appointed U.S. District Judge Aileen Cannon imagined up a reason to dismiss the entirety of Special Counsel Jack Smith's federal indictment of Trump and two co-conspirators on 40 criminal counts related to his theft of thousands of pages of classified documents when leaving the White House and his refusal to return them, in violation of the Espionage Act and other federal statutes. Cannon's reasons [PDF] for dismissing the case --- questioning the constitutionality of the Special Counsel's appointment --- has been rejected by court after court for years in many other cases where a Special Counsel was appointed (including the Robert Mueller probe of Russian interference in the 2016 election and more recently in the case against Hunter Biden) But, following recent instructions in a solo opinion issued by corrupt Supreme Court Justice Clarence Thomas (signed by no other Justices) in an unrelated case, Cannon dismissed the entire stolen documents case. The Dept. of Justice has said they will appeal. Hopefully, when they do, they will also finally move to have Cannon removed once and for all from this case.

Finally, we open up the phone lines again today to listeners who have many thoughts on all of the above...

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There are just 140 days until the November 5 General Elections. Threats against them by adversaries both foreign and domestic are simmering and/or growing. We discuss some of them --- and much more --- on today's BradCast. [Audio link to full show follows this summary.]

Among our stories today...

• Kari Lake loses yet again. This time, it's the Arizona state Court of Appeals which has, again, rejected her claims that the 2022 gubernatorial election was stolen from her when she lost it by some 17,000 votes to Democrat Katie Hobbs.

• Unexplained mass texts, warning of voter intimidation, falsely suggesting they were sent by the Spartanburg County Elections Office during South Carolina's down-ballot primaries last week, should serve as a warning for this November's elections.

• U.S. officials from the Office of the Director of National Intelligence are reportedly sending their own warnings, privately, to candidates in the U.S. who, they say, are being targeted with disinformation campaigns by foreign adversaries, including Russia, China and Iran.

• And, in what should serve as yet another warning before November, a pro-Kremlin hacker group, said to be closely allied with Russia's intelligence services, reportedly took down the websites of a number of political parties and other institutions on the first day of voting in Europe's recent parliamentary elections.

• New York's highest court on Tuesday rejected an appeal by Donald Trump to lift the gag order barring him from attacking witnesses, jurors and the family members of prosecutors or the judge in the hush money/election interference case in which the disgraced former President was recently found guilty of 34 criminal felonies.

• And, speaking of, the Biden-Harris Campaign is finally using Trump's shameful court losses --- for both felony crimes and civil liabilities --- against him, in an aggressive television ad and mass emails to supporters taking him to task as a "convicted felon" as well as "a liar and a fraud". Of course, even now, Team Biden will have to overcome ridiculous reporting on the effort by the New York Times, whose headline yesterday (until it was changed) read "Biden Campaign Ad Paints Trump as a Felon". Um...."paints" him as a felon?! He is a felon!

• After telling us for months that President Biden is so mentally debilitated that "he can't string two sentences together," Donald Trump supporters like Sean Hannity at Fox "News" are now working overtime to try and lower expectations for him in advance of next week's first Presidential debate.

• Maryland's Democratic Governor Wes Moore on Monday pardoned about 175,000 convictions related to marijuana and paraphernalia possession over the years. The long-overdue pardons, following the state's full legalization of marijuana last year, will help tens of thousands of Black and Brown people who were disproportionately charged and convicted over the many decades of our failed, frequently racist "war on drugs". Moore's action follows President Biden's 2022 mass pardon of thousands charged under federal marijuana law and his request to state Governors to take similar action given that most cannabis related crimes were brought under state law.

• Finally, Desi Doyen joins us for our latest Green News Report with news on hundreds of millions in the U.S. now (or soon) facing record heat from the Midwest to the East Coast and an early wildfire season out West; Similarly oppressive heat has been bearing down from Greece to the Middle East; Calgary is facing a serious water crisis in Canada; France's nukes are being shut down by cheaper renewable energy sources like wind and solar; And a major rail company must cough up some $400 million for unlawful trespass against a native American tribe...

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

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

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

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

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

Also, some news since we last spoke...

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

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

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

And finally...

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

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On today's BradCast: A new cybersecurity incident has emerged in Coffee County, Georgia. That's the now-notorious rural enclave in the southeastern part of the Presidential battleground state where Donald Trump allies and operatives, in January of 2021, unlawfully breached, copied and distributed the state's proprietary touchscreen voting system software after the 2020 Presidential election. Five participants in that breach were charged with felonies as part of the broad racketeering conspiracy case against Trump filed in Fulton County, GA. [Audio link to full show follows this summary.]

Before we get there today, however, some quick news on Trump's New York criminal trial, where he stands accused of 34 felonies related to hush-money payments made just before the 2016 election to porn star Stormy Daniels. She took the stand today. We cover a few quick details, but will cover that and other related news in more depth on tomorrow's mid-week Trump Trial "Ketchup" program.

Also today, we're happy to announce another very rarely-bestowed BRAD BLOG Intellectually Honest Conservative Award. This one for Georgia's Republican former Lt. Governor Geoff Duncan. The prestigious honor comes in response to his courageous op-ed in the Atlanta Journal Constitution this week, in which he endorsed Joe Biden and encouraged fellow Never Trump Republicans to do the same, noting, "Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass."

Then, it's back to Georgia, where the Coffee County Board of Commissioners released a notice [PDF] late last month that they'd been notified by the U.S. Dept. of Homeland Security (DHS) and its Cybersecurity and Infrastructure Security Agency (CISA), 11 days earlier, about "unusual cyberactivity" on the County's local IT system. The terse statement from the County confirmed indications of "cyber-activity by an unknown malicious actor(s)". It claimed that "Steps have been taken to further secure the network and protect Coffee County's IT infrastructure", while noting that it had "informed Federal Authorities of the incident". (Yes, that would seemingly be the same incident that the very same press release says Federal Authorities, DHS and CISA, notified THEM about.)

We're joined today by longtime Election Integrity and Transparency champion MARILYN MARKS of the Coalition for Good Governance (CGG). Marks was the one who first learned about Team Trump's unlawful breach of GA's statewide voting system hardware and software in Coffee County that first took place on January 7, 2021 (the day after Trump's insurrection at the U.S. Capitol.) Her revelations resulted in the charges filed by Fulton County District Attorney Fani Willis against Trump attorney Sidney Powell (who pleaded guilty) and others involved in the Coffee County break in.

As Director of CGG, Marks is also the plaintiff in civil lawsuit in federal court, filed in 2017, seeking to ban GA Sec. of State Brad Raffensperger's mandated use of the state's easily-hacked, unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots. The trial in that long-running case, known as Curling v. Raffensperger, was finally held in January of this year. As Marks explains today, plaintiffs are still waiting on a verdict from U.S. District Court Judge Amy Totenberg who oversaw the trial, which included demonstrations from plaintiffs' experts revealing that Raffensperger's systems can be hacked by any voter at the polling place with nothing more than a ballpoint pen.

Today, Marks charges that Coffee County appears to have "hid and concealed" information about the new cybersecurity incident from the Sec. of State's office "for some number of days." Though little is still known publicly about the new hack, she is troubled by the news. "This cannot just be coincidence that there have been two such cyberattacks this year on counties, one in Fulton and one in Coffee. That's it. The two counties that have a lot of information challenging Trump and his allies related to [the earlier breach in Coffee] and the theft of the [voting] software to begin with."

We also get an update from Marks on the status of the Curling case, where it is getting very late in the election year for the judge to issue a ruling that would require Georgia to make hand-marked paper ballots available to voters at the polls this November. Marks, however, remains ever hopeful, noting that the move to hand-marked ballots would require no new equipment above and beyond what is already available at each GA precinct.

Marks also discusses a new Georgia law (signed by Gov. Brian Kemp this evening) that will eventually ban the use of tabulation via QRCodes on computer-marked ballots, requiring computer scanners to tabulate from the ballots' human-readable text that is supposedly verified by voters after it is printed and before its cast. Unfortunately, as she explains, that bill, even if implemented in 2026 as mandated by the legislation, will not make the state's touchscreen Ballot Marking Devices any less vulnerable to manipulation or any more verifiable by the public after an election.

Marks, whose organization found no evidence that Biden's 2020 victory in the Peach State was decided incorrectly, is also offering testimony this week to the GA State Board of Elections, advocating that recounts in the state must be carried out by hand, rather than by the same computerized scanners that tallied ballots in the first place.

"The state law is quite clear, a recount is to be done by hand, for obvious reasons such as the machine [used to tally ballots] is coded wrong," she explains. Otherwise, she adds, you're going to get the same incorrect results "if you just run the ballot back through the machine that is miscoded."

The reason that Trump supporters are still arguing over the 2020 tally in the state, she believes, is thanks to the lack of a public hand-count after that very close election. Raffensperger insisted on a machine tally instead. "All of that could have been solved if they had done a manual recount, as the law required. Which would have allowed Trump to appoint a counter at every table, handle every single ballot. And they would have had a hard time arguing then about counterfeit ballots, wrong counts, no transparency," Marks tells me. "A lot of the problems that we've lived with now over three years would have been solved if they had just followed the law and done a manual recount."

Finally today, we close with our latest Green News Report, with Desi Doyen's coverage of relentless rain and deadly flooding in both Brazil and Houston; the hottest April ever recorded on Planet Earth; and President Biden's unveiling of billions of dollars to spur clean energy production in rural areas and the removal and replacement of toxic lead water pipes across the nation...

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On today's BradCast: If only the corrupted U.S. Supreme Court cared as much about the exact words in Section 3 of the 14th Amendment (the "Insurrectionist Disqualification Clause") as they pretend to care about the word "otherwise" in a criminal statute used to hold hundreds of January 6 insurrectionists --- including the former President --- accountable for obstructing an official government proceeding. [Audio link to full show follows this summary.]

But, first up today, a few news items of note...

• Yesterday, House Republicans formerly delivered two articles of revenge impeachment against DHS Secretary Alejandro Mayorkas to the U.S. Senate for a trial. Today the trial began and ended, as Democrats determined the articles contained no High Crimes and Misdemeanors as required by the Constitution.

• Despite pleas from Donald Trump and GOP U.S. Senate candidate Kari Lake for Arizona state lawmakers to repeal their draconian 1864 total abortion ban (which Lake long supported...until the all-GOP state Supreme Court revived the law last week), Republicans lawmakers in the state legislature blocked another attempt by Democrats to repeal the 160-year old territorial law.

• In Tuesday's Democratic Primary runoff for Alabama's newly redrawn 2nd Congressional District, the popular progressive, Shomari Figures, easily won. The more important news, however, may be that Democratic voter turnout during the first round of voting last month on Super Tuesday doubled from two years earlier. That, after the state was finally ordered by the U.S. Supreme Court to redraw their unconstitutionally, racially gerrymandered Congressional Map to include a second district where Black voters may have a chance of selecting a candidate of their choosing.

Next, we're joined by longtime legal journalist CHRIS GEIDNER of Law Dork News to discuss Tuesday's Oral Argument in Fischer v. U.S. at the U.S. Supreme Court. The case questions whether a January 6th insurrectionist was properly charged with a 2002 law that criminalizes obstruction of an official government proceeding.

Some 300 of about 1,400 of those charged for their participation in the Trump-incited attack on the U.S. Capitol --- including Trump himself --- have been charged and/or convicted by more than a dozen D.C. federal judges under this same statute. But one of those judges, a Trump appointee, rejected the use of the law. He was overturned by the D.C. Court of Appeals, but the plaintiff --- a police officer at the time --- took his case to SCOTUS, which heard it on Tuesday.

Geidner was at the Court this week during Oral Argument and joins us today to explain how the hearing went; why this challenge over the the meaning of the word "otherwise" in the statute even exists; the rightwing Justices' newly-discovered concerns about overcriminalization; whether he believes the Court will kill, narrow or allow the statute to stand as is; and how their ruling might affect both the cases for hundreds of insurrectionists and two of the four criminal charges that rely on the statute in Special Counsel Jack Smith's federal indictment of the former President for his multiple failed attempts to steal the 2020 election.

Geidner also offers a preview of next Thursday's looong-awaited hearing on Trump's ridiculous, rejected-by-every-lower-court, "Presidential Immunity" case, in which he asserts that all Presidents must have absolute immunity to commit any and all crimes they like while in office.

"The arguments advanced by Trump have no foundation in history, in practice, or in experience. And there is a very strong case for imagining that we will get a 9-0 decision in that case, even with this Court," Geidner argues, before noting: "The bottom line here is Trump will still have delayed [his federal 2020 election interference] case. It will be at least May before we get a ruling on this. So, in some ways, win lose or draw, he has won, if the goal here is to avoid the possibility of a conviction on these charges before the election is held in November."

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Even Joe Biden is now making jokes about the plummeting value of the former President's latest scam, his attempt to turn his failing social media site into a Wall Street meme stock. As discussed on today's BradCast, it ain't working. At least for now. [Audio link to full show follows this summary.]

The value of Trump Media & Technology Group, trading under Donald Trump's initials as DJT, has lost about two-thirds of its value since it debuted as a publicly traded stock at the beginning of the month. If it "drops any lower," Biden quipped at a rally in Pennsylvania today, Donald Trump "might do better under my tax plan than his."

When it first went public, DJT quickly shot up to nearly $80 per share. It has been nose-diving by double-digit percentages pretty much every day since. The stock closed on Tuesday at less than $23 a share. On Monday night, the Washington Post's Drew Harwell posted a piece that is nearly equal parts hilarious, for those who enjoy the schadenfreude of Trump losing billions of theoretical dollars in just a few weeks time, and heart-breaking, for those who feel for the hundreds of thousands of Trump fans who have lost, in some cases, their "whole nest egg" because they were brain-poisoned enough to buy into Trump's latest fraudulent scheme.

Harwell's report of the reaction to the plummeting value of the stock by Trump supporters themselves on Truth Social, the money-losing venture that is currently DJT's only actual business, is harrowing and amazing. (But just more evidence of the "deep state", if you believe some of the denialists who are still buying more shares every day now!) But it serves as yet another reminder that, as sick as Trump is, it is our nation itself, and its people, whose illness we must eventually figure out how to attend to.

Anyway, tune in to today's show for many more thoughts on the above, and a whole bunch of other news of the day, including...

• Trump's recent Truth Social video rant on how Presidents simply can't do the job of Presidenting without absolute criminal immunity, the way the Founders wanted it. Then again, there is no evidence that the Founders wanting anything of the sort (quite the opposite, in fact); every President of the United States before (and since) Trump has been able to function just fine without it; and --- oh, yeah --- as Trump said in a separate rant just one day earlier, apparently "Crooked Joe Biden...can't put two-sentences together" but has been clever enough to mastermind all four of Trump's current criminal indictments in two different states and two separate federal jurisdictions, all without leaving a trace of evidence. "At what point are the actions of a sitting President...against his opponent for election interference considered illegal?," Trump asked. But, according to Trump just one day earlier, even if the President had anything to do with Trump's criminal indictments (he doesn't) it would still never be illegal!

• The disgraced former President's criminal trial in New York, on 34 federal counts related to hush-money payments to a porn star to help him win the 2016 election, seems to be moving faster than expected. On Tuesday, seven jurors were selected on the second day of the trial. Just five more jurors and six alternates are needed before opening statements can begin, perhaps as early as the beginning of next week.

• On Tuesday, House GOP lawmakers finally delivered their two articles of impeachment against Dept. of Homeland Security Secretary Alejandro Mayorkas to the U.S. Senate, where the high-crime-and misdemeanor-free charges are expected to die either very quickly or somewhat less quickly, in an impeachment trial that, according to the rules, must begin immediately and continue until complete. Good thing there is nothing else Congress needs to be doing right now.

• The far-right conspiracy outlet known as One American News (OAN) has reportedly struck a confidential settlement with voting system vendor Smartmatic, in the defamation lawsuit brought against the Trump-supporting TV channel for lies told about the company's voting systems following the 2020 election. Despite repeated false claims by OAN anchors and guests that Smartmatic software was used "in 30 states" to steal the election for Biden --- with zero evidence in support of those claims --- the company's voting systems are only used in one U.S. jurisdiction: here in Los Angeles County, where even brain-poisoned MAGA dupes aren't dumb enough to claim the election was stolen from Trump.

  For the role that we personally played in confusing Sidney Powell, Rudy Giuliani, and the OAN clowns regarding Smartmatic's role in U.S. elections, I can only say: "You're welcome!"

  The terms of the settlement are undisclosed, but it follows on last year's $787 million settlement between Fox "News" and Dominion Voting Systems over similarly false claims, as well as a settlement between OAN and a former Dominion executive. There are many other similar defamation suits still pending, however, by both Smartmatic and Dominion over lies told about them following 2020 by other well-known Trump conspiracists.

• Finally, Desi Doyen joins us for our latest Green News Report, with several pieces of pretty cool news littered amidst a number of terrifying climate crisis omens...

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IN TODAY'S RADIO REPORT: Largest wildfire in Texas history continues to burn, while California is buried by an extreme blizzard; Increased risk of mega-fires pushes more insurers to leave both states; PLUS: Biden Administration invests billions to clean up the nation's ports... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Fury after Exxon chief says public to blame for climate failures; Fires sweeping across Texas offer a terrifying warning; SEC to vote on adopting contentious climate disclosure rule; White House moves to stem wave of Chinese EVs; Climate change connections to America's "Lost Winter"; Oil spill and fertilizer leak from sunken cargo ship threaten Red Sea... PLUS: We need to talk about water – and the fact that the world is running out of it... and much, MUCH more! ...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Among our many stories covered today...

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

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

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

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

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

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

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

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The long-awaited trial over Georgia's vulnerable voting systems has finally come to a close. As reported on today's BradCast: Last month, one of the plaintiffs' experts demonstrated in court that the state's vulnerable touchscreen voting systems can be hacked in about 5 seconds by one person, with nothing more than a ballpoint pen. And the state, for its part, defended itself by demonstrating that apparently nobody --- nobody! --- is in charge of cybersecurity for the statewide computerized voting systems used by every voter at every polling place in the critical battleground state. [Audio link to full story follows below this summary.]

After a few quick news updates at the top of the show --- including on the climate change-fueled atmospheric river raining down on us out here in Southern California today --- we're joined LIVE in studio by Free Speech for People's Senior Advisor on Election Security, SUSAN GREENHALGH, on the heels of the three-week civil trial in federal court that finally wrapped up late last month.

The case, originally filed way back in 2017, is called Curling v. Raffensperger. Plaintiffs are election integrity experts (real ones, not pretend Trump ones) challenging the use of Georgia's touchscreen voting systems, hoping to force the state to move from vulnerable, unverifiable touchscreens to verifiable hand-marked paper ballots before the 2024 Presidential election. Greenhalgh has been advising plaintiffs in the case for a number of years. She was in the courtroom in Atlanta last month for much of the trial which began on January 9 and ended just over a week ago. (Daily court transcripts for each day of the trial are now posted here.)

The suit is led by the Coalition for Good Governance, a non-partisan election watchdog group headed up by frequent BradCast guest Marilyn Marks. It was during the course of pre-trial discovery that Marks discovered that Trump-lawyer Sidney Powell, and others on Team Trump, actually organized a scheme to breach the statewide voting systems in the Coffee County, GA elections office beginning on January 7th, 2021. The were given access to the systems by the local elections supervisor at the time and proceeded to copy its sensitive software before distributing it to parts unknown across the Internet. The unprecedented breach of GA's touchscreen voting systems and the central Election Management System (EMS), was never actually investigated by Sec. of State Brad Raffensperger's office. It did, however, result in criminal charges against five co-conspirators among the 18 others charged along with Donald Trump in Fulton County, GA's broad felony indictment for his failed attempt to steal the state's 2020 Presidential election.

This civil case, however --- filed in federal court long before Trump pretended to have won the 2020 election --- seeks only to end the use of the state's vulnerable Dominion touchscreen systems. During the course of the trial, the plaintiff's expert, Dr. Alex Halderman, long time cybersecurity and voting system expert from the University of Michigan, demonstrated how he could take over control of one of the voting machines with little more than a ballpoint pen, without violating any of Georgia's security protocols or so-called "tamper evident security seals." In just seconds, Halderman revealed to the court how he could achieve "Super User Access" on the machines, allowing a bad guy to insert malware or take over any other number of system functions in that administrative mode. (Halderman has made clear he has found no evidence of fraud in GA's 2020 election.)

During the course of the trial, as Greenhalgh reports today, the state's Election Director conceded he didn't even know such a hack was possible, despite a detailed report Halderman submitted in the case several years ago. The State Election Director, apparently, never bothered to read it.

The State, however, for its part, maintains their systems are completely secure, despite a mountain of expert evidence to the contrary. Sec. of State Raffensperger is responsible for mandating the use of these machines for every voter at every polling place in the state. That, after the same judge in the same case, back in 2019, banned the use of the state's 20-year old touchscreens made by Diebold. Rather than move to hand-marked paper ballots, Raffensperger ignored the advise of cybersecurity and voting system experts and replaced the old Diebold touchscreens with new ones made by Dominion, with many of the same (and additional!) security flaws as the old systems.

During the course of the trial, as Greenhalgh breaks down today, nobody from the Office of Sec. of State was willing to identify who was in charge of cybersecurity for the 35,000 voting machines used across Georgia. "There was a bit of a 'Who's On First' routine" during the trial, she explains. The State Election Director, for example, testified that cybersecurity was the job of the State's Chief Information Officer (CIO). The CIO, however, testified that wasn't part of his portfolio, pointing back at the State Election Director. Raffensperger's office finally seemed to have settled on Dominion as the ones who were in charge of cybersecurity for Dominion voting systems in GA, the same company who created the vulnerable systems in the first place. "The Fox guarding the hen-house," quipped Greenhalgh.

Nobody from Dominion testified during the trial, she explained. And Raffensperger was similarly allowed to avoid testimony after appealing the District Court's mandate to do so up to the 11th Circuit Court of Appeals, which allowed him off the hook just days before the trial finally got underway. That, as his offices refuses to apply security patches urgently recommended by the U.S. Cybersecurity and Infrastructure Agency (CISA) based on the information in Halderman's report on GA's voting systems.

During the course of the trial, the judge, says Greenhalgh, cited "inconsistent candor" of state officials. As to the Coffee County Breach, she notes, the Sec. of State's "investigator got up on the stand and, under oath, said, 'I was told to hold off and not investigate.' He was asked specifically: 'So, did you perform any investigation activities?' 'No.' 'Did anyone else?' 'No, not to my knowledge...No, there was no investigation.'"

As you can tell, there is much to discuss with Greenhalgh on today's sorta mind-blowing edition of The BradCast, after the State's Defense rested and we now await a verdict from U.S. District Court Judge Amy Totenberg. That ruling could finally come...well, whenever. No rush. The Presidential Primary in Georgia is on Super Tuesday, March 5, exactly one month from today. Is it possible a ruling could come in time to save the 2024 general election this November?

We discuss all of that and much more with Greenhalgh on today's program. Buckle up...

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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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This is just getting ridiculous. As detailed on today's BradCast, the long-awaited, criminal report from the Georgia Bureau of Investigation (GBI) on Team Trump's unlawful January 7, 2021 breach, copying and distribution of Georgia's statewide voting system software in rural Coffee County, appears to leave out more than it includes! [Audio link to full show follows below this summary.]

Our guest today is ANNA BOWER, Legal Fellow and Courts Correspondent at Lawfare. She recently obtained the report [PDF] and yesterday published extensive coverage under the headline, "What the GBI Missed in Coffee County: At almost 400 pages, the Georgia Bureau of Investigation report on the Coffee County caper looks impressive. It's not."

"One could be forgiven for thinking initially that the GBI's report on Coffee County is an authoritative account. It is, after all, nearly 400 pages long, and those pages summarize a voluminous body of evidence. ... But the document turns out to reflect a less vigorous investigation of the effort to unlawfully access the state's voting machines than may initially appear," Bowers reports.

In fact, she continues, "The document suggests, rather, that the GBI did not investigate the Coffee County affair fully at all. The agency relied almost entirely on the previous work of civil litigants [that would be frequent BradCast guest Marilyn Marks and her Coalition for Good Governance] and the House Select Committee to Investigate the January 6th Attack on the United States Capitol. It failed to seek interviews with key witnesses, and it omitted relevant evidence that is readily available in public documents."

And yet, GA's Republican Sec. of State Brad Raffensperger has been citing the GBI's long-running investigation as one of the reasons that his office has taken virtually no action over the past two and a half years in response to the unprecedented breach which threatens the legitimacy of next year's Presidential election in the critical battleground state. He has even ignored the U.S. Cybersecurity and Infrastructure Security Agency's warning to immediately apply security patches created by Dominion Voting Systems following the breach.

While Fulton County District Attorney Fani Willis has brought criminal charges [PDF] against five of Donald Trump's alleged co-conspirators involved in the scheme --- including Trump attorney Sidney Powell, Atlanta bail bondsman Scott Hall (both of whom have pleaded guilty), former Coffee County GOP Chair and fake elector Cathy Latham and former Coffee County Election Supervisor Misty Hampton (both of whom pleaded not guilty) --- there were dozens more involved in the plot that have yet to be brought to account by anyone.

Moreover, according to Bower, GA's Republican state Attorney General Chris Carr, who has also cited the GBI's criminal probe as explanation for a lack of state charges to date, has "been ill served" by his investigative department. Maybe, however, like Raffensperger and the State Board of Elections, he's just fine with that.

While there is almost zero new information of note in the GBI's long-awaited report, as Bower details on today's program, the state agency inexplicably leaves out enormous, well known chunks of the story --- such as the infamous Trump Oval Office meeting on December 18, 2020 when the Coffee County plot was hatched with Powell, Rudy Giuliani, Michael Flynn and others who were not interviewed in the agency's criminal probe. "In total," Bower explains, the GBI "interviewed only about 15 individuals" in their year and a half probe, "Many, if not most, of those interviews were conducted in under an hour."

"This account does not even attempt to answer certain key questions. Who devised the plan to access voting systems in Coffee County? When did the plan first arise? Who or what connected the then-president's attorneys to several locals in rural South Georgia? The report bizarrely omits readily available facts that help connect these dots."

On today's show, we attempt to connect at least some of the dots that the GBI didn't bother to, including those involving bedding impresario Mike Lindell and his still-unexplained, two-hour visit to the County in his private plane after flying from Mar-a-Lago to D.C. and back down to rural Southeast Georgia just prior to the breach; why the GBI would be seemingly be working so hard to cover up what actually happened; and why all of this is critically important to the state's (and nation's!) 2024 elections.

"For Georgians who care about elections, for Georgians who think that it's very serious that the then-President's legal team, aided by local allies in Coffee County, had a plot, a conspiracy, to copy and distribute Georgia's most sensitive voting system data, that is incredibly serious, and it warrants a serious investigation. And that just didn't happen here," Bower tells me.

"Georgia continues to use the same software and the Sec. of State's office has said there will not be an update before the 2024 elections. Election security experts have said that means that we could have increased risk in terms of vulnerability during the 2024 election. That software data that has been distributed and is still out in the wild from Coffee County [and] could be used for disinformation campaigns, because people can take the otherwise legitimate data, and make it look either edited or selectively presented. Adversaries could basically use that software to test it for vulnerabilities, and then potentially use that in the future for subverting the operation of that software through malware or other" means.

Federally, she observes, she has seen few signs that Special Counsel Jack Smith is investigating "these multi-state breaches. That, in itself, is concerning"...

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You may have noticed the nation is a bit of a tinder box right now. If the currently presumptive 2024 GOP nominee loses in Georgia again next year and just one precinct, out of thousands in the state, experiences something akin to what happened last week during elections in Northampton County, Pennsylvania... well, I don't even wanna think about the likely ramifications. Though we do discuss that today as part of our BradCast, which focuses almost exclusively on election-related lawsuits and criminal cases in the Peach State. Our guest is one of the plaintiffs in one of the most important cases you probably haven't heard about on your favorite cable news station. [Audio link to full show follows this summary.]

The long-awaited Curling v. Raffensperger voting system trial is finally set to begin in Atlanta in January, just after the start of the new Presidential election year in the critical battleground state Originally filed in 2017, the long-running federal lawsuit has already been extraordinarily consequential.

Among other things, it resulted in the 2019 banning of Georgia's then nearly 20-year old, unverifiable, insecure touchscreen voting systems made by Diebold after the judge still overseeing the case, U.S. District Court Judge Amy Totenberg, found the systems so deficient that their use was determined to be in violation of the U.S. Constitution.

In response, and ignoring the advice of voting system and cybersecurity experts, GA's Sec. of State Brad Raffensperger replaced the Diebold systems with newer, similarly unverifiable and insecure touchscreen voting systems made by Dominion. The plaintiffs challenged the use of those systems on similar Constitutional grounds, hoping to see the state move to verifiable hand-marked paper ballots at all polling places, where voters are now forced to vote on the unverifiable touchscreen systems. Raffensperger has refused.

As AP noted last weekend, the case also "spawned a landmark expert report that identified vulnerabilities in the election system used in Georgia that led [the US Dept. of Homeland Security's Cybersecurity and Infrastructure Security Agency (or CISA)] to issue an advisory" to all jurisdictions around the nation that use the same equipment, recommending they immediately apply security patches produced by Dominion to mitigate at least some of the systems' known insecurities. Raffensperger stunned the federal court in Atlanta earlier this year when his office announced they do not plan to apply the recommended security patches until after the 2024 Presidential election in the highly contested swing-state.

Perhaps most famously (or infamously?) the Curling case also resulted in the revelation of the January 7, 2021 statewide voting system software breach in Coffee County, GA. That led to the criminal indictment of Sidney Powell and four others, with Donald Trump, in Fulton County D.A. Fani Willis' sprawling racketeering conspiracy case against the former President and 18 alleged co-conspirators. The revelation of the unprecedented Coffee County breach, copying and Internet distribution of Dominion's sensitive software occurred when Atlanta bail bondsman, Scott Hall (who, along with Powell, has since pleaded guilty in the indictment), called and essentially confessed the entire plot to one of the plaintiffs in the 'Curling' case, who was smart enough to record the phone call. That call was originally aired by The BradCast in May of 2022.

That plaintiff, MARILYN MARKS, longtime, indefatigable election integrity champion and Executive Director of the non-profit good government group, Coalition for Good Governance, is once again our guest on today's program, as she and her team prepare for trial against Raffensperger and GA, now set by Judge Totenberg to begin on January 9th.

Late last week, Totenberg released a 135-page Opinion and Order [PDF], denying the State's attempt to dismiss the case and setting a trial date. For clarity, she took pains to note: "the record evidence does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation's leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs' case in the long course of this litigation."

In the Order's conclusion, the federal judge emphasized: "The importance of the security, reliability, and functionality of state election systems, classified by the U.S. Homeland Security Department as critical national infrastructure, cannot be overstated in a world where cybersecurity challenges have exponentially increased in the last decade. The dynamics of how a breach in one part of a cyber system may potentially carry cybersecurity reverberations for the entire system for years to come exemplifies the important concerns raised in this case."

But, Totenberg also writes in her ruling that she is unable to order the use of a new voting system for the State, asserting that only the Legislature may do that. Thus, she urges the parties to find a compromise resolution. Nonetheless, as Marks explains today, this same judge, who will oversee a bench trial without a jury, found the old Diebold systems so dangerously deficient nearly five years ago, that she not only found them unconstitutional, she barred their use in any further Georgia elections.

"We've never asked for her to order hand-marked paper ballots," Marks clarifies today. "That ultimately just becomes the default, because state law already says that if the electronic system is not working, hand-marked paper ballots is what you go to. That's what the law says." She notes that Judge Totenberg "has the power to enjoin unconstitutional behavior, and that's what we are asking her to do."

"No amount of software patching is going to fix this Constitutional problem. No amount of so-called auditing. You can't do a real audit with those machine-printed ballots," argues Marks. After an election, only hand-marked paper ballots can be known to have been verified by the voter. Studies have found that voters didn't notice more than 93% of the time when a touchscreen voting system flipped their vote on a computer-printed paper ballot summary.

Last week, in Northampton, PA's elections, similar touchscreen Ballot Marking Devices to those used all across GA were showing voter selections one way on the screen in two different contests, in some cases, but printing the opposite on the paper that gets tallied. Imagine if that occurred in even one precinct next year in GA with Trump on the ballot. That is among the nightmare scenarios Marks is hoping to side-step by forcing the state to finally dump their insane --- and insanely expensive --- statewide system.

She says the solution is simple and inexpensive and can be done immediately. Emergency hand-markable paper ballots are already required at every precinct in the state. Just print more of them, and use the existing scanners in each polling location to tally them. "70% of Americans vote this way. This is not hard," Marks asserts. "Of course, the State pretends that it would take rocket science to make this happen."

There is, to say the least, much at stake in this upcoming trial, even as it is not receiving nearly the amount of attention of the other election-related case underway in GA right now, the Fulton County criminal case against Trump and his co-defendants. On that, we have some news as well on today's program, including...

• An attorney for defendant Misty Hampton, the former Coffee County Elections Director, claims he is the one who leaked video proffers of Powell, Hall, and Trump attorneys Ken Chesebro and Jenna Ellis to the media. But is he really?
• Willis is seeking the jailing of co-defendant Harrison Floyd for attempted witness intimidation. He is among those indicted in the conspiracy for threatening Atlanta election workers Ruby Freeman and her daughter Shaye Moss over false claims that they carried out ballot fraud in 2020.
• And Freeman and Moss are now seeking between $15 and $43 million from former NYC Mayor and Fulton County co-defendant Rudy Giuliani in their civil defamation trial against him in federal court. The Judge in that case has already found Giuliani liable. The D.C. trial set to begin in December against him will now determine how much he'll have to pay to the two women.

Finally, Desi Doyen joins us for our last Green News Report before our Thanksgiving break! We will be off --- from both The BradCast and GNR next week. So we send our best and thanks to everyone! We will return after the holiday...

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