We've spent quite a bit of time of late on The BradCast discussing what could happen if Democrats are able to hold their majority in the U.S. House this year and pick up two more seats in the Senate. Codifying privacy rights and reproductive freedoms into federal law; passage of the much-needed Freedom to Vote Act; expansion of the corrupted U.S. Supreme Court to un-corrupt it. That all become possible in such an event, just to cite a few of the most pressing issues. But what happens if they don't? [Audio link to today's full show follows this summary.]

We've noted that it remains an uphill battle for Democrats to hold their majorities in either chamber of Congress this year, much less expand one of them. So, what happens if Republicans win a majority in one or both?

In short, it would be very very bad for a host of reasons, including for democracy itself. But TPM's Kate Riga detailed just some of the political nightmares that are likely to occur, as Republicans have revealed in their own words. From endless Congressional investigations of nonsense (think "Benghazi on steroids") to pointless culture war legislation that would be vetoed by President Biden even if it somehow overcame a Senate filibuster, to impotent efforts to impeach the President and various members of his Cabinet...for something or other.

But, even without majorities in both chambers, Republicans can wreak extraordinary damage to both the U.S. and global economies simply by re-upping their 2011 "Tea Party" scheme to hold the nation (and world) hostage to any number of demands in exchange for raising the dumb debt ceiling next year. ("Dumb", because it's absurd that the U.S. even has such a statute requiring Congressional permission to borrow money to pay for stuff that has already been purchased with Congressional and Presidential authority. Also "dumb" because Republicans only use it as a dangerous bargaining chip when a Democrat is in the White House. Despite blowing up the deficit by trillions during the Trump Administration, the debt limit was raised three times by Congress with nary a peep.)

As Riga and others have reported this week, Rep. Kevin McCarthy, the GOP's presumptive House Speaker if they take back a majority, has signaled that his party intends to hold cuts to Medicare and Social Security among hostages in exchange for agreeing to lift the debt ceiling. That, in the words of our guest today, would be "catastrophic" on several levels.

We're joined today by Congressional historian, political scientist and author NORM ORNSTEIN, who has been covering Congress for nearly 50 years via the conservative American Enterprise Institute, where he is a Senior Fellow Emeritus and now as contributing editor and columnist for The Atlantic.

Last week at The Atlantic, Ornstein warned that it's not just "democracy at stake this fall", as he asked "how far would a Republican majority go?" in undermining the U.S. economy in advance of the 2024 Presidential election. He recounts the first real use of the debt ceiling as a blunt political instrument to wreak havoc on U.S. policy and the economy along with it by the "Tea Party" back in 2011. While a last minute compromise at the time avoided a first-ever default of the U.S. government and the inability to pay its debts, the brinkmanship and hostage-taking cost the economy billions. Our credit rating was downgraded for the first time ever and the Dow plunged some 2,000 points.

But Ornstein is now more worried about what may happen next year if the GOP wins a House majority. As he explains today, "back in 2011, there were grownups in the room who kept it from getting out of control." Today, however "we're in a different world."

"In the past," he tells me, citing Donald Trump as an "accelerant" for GOP "dysfunction," "we still had what we could think of as a political party, even as it began to go downhill. But now it's a full-blown cult. The willingness of new members coming in, joining with a lot of radical members who will be returning to blow the whole thing up, the lack of interest in fundamental institutions or in the need to be responsible at governance is astonishing."

"I have never, in fifty-plus years of being immersed in the institution, seen a weaker or more pathetic leader than Kevin McCarthy," he says. "The idea that he would stop them from mayhem is, at this point, not believable."

"Other than that the fact that these are radicals dominating the party, they can't pass legislation on their own. They can't impeach and convict and remove from office the officials they would want to, including the President and the Attorney General and Sec. of Homeland Security, among many others."

But, as Ornstein adds, they will have "the power for the purse" with which they can cause extraordinary damage both here and around the world. He details both the chaos and what Democrats can do to try and preempt it during the Lame Duck period after the November midterms in the event that Republicans win back a majority in one or both chambers.

"The best thing to do is to do as every other country does and eliminate this ridiculous device [the debt ceiling]," but, since Dems can't do that on their own via reconciliation, they could invoke "the ironically named McConnell Rule" through reconciliation to stave off the threat of GOP debt ceiling brinkmanship that could result in a first-ever financial default by the nation. Tune in for an explanation of that ironically named rule and much more on all of this today.

Or, of course, Americans could simply reelect Democrats to majorities in both chambers and avoid the guaranteed nightmares that lie ahead with GOP control of either, now that they have wasted away into little more than a radical, extremist, "full-blown cult."

Finally, we close today with a fascinating spy story, of sorts, regarding retiring, eight-term Sen. Patrick Leahy (D-VT) and the U.S. intel agencies during the lead-up to the Iraq War (which he voted against), based on false evidence of WMDs hyped by the Bush/Cheney Administration...

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It was a very bad day for our disgraced former President. So, it was a good day for the nation and for today's special BradCast coverage of what is likely to be the final public hearing of the bipartisan U.S. House Select Committee investigating the Trump-incited insurrection of January 6, 2021 and his many failed attempts to steal the 2020 Presidential election. [Audio link to full show follows this summary.]

The Committee on Thursday presented both new video footage and documents obtained since their last public hearing back in July. Among the new video: Chilling footage of Democratic and Republican lawmakers attempting to fill the leadership gap left by the President during the three hours the Capitol was under siege while Donald Trump sat in the White House dining room watching Fox "News" coverage of the violence he sparked unfolding.

Among the new documents: email and chat messages from the Secret Service revealing they knew damned well about the threat of violence on Jan. 6, long prior to the insurrection. Also: more evidence from well before Election Day revealing Trump planned to falsely claim the election was stolen from him, and that he knew damned well that he lost and there was no evidence of election-changing fraud.

But, of course, the biggest news from Thursday's hearing was the panel's unanimous, 9 to 0 vote taken at the end to subpoena documents and under-oath testimony from the ringleader of the riot.

"Our duty today is to our country and our children and our Constitution. We are obligated to seek answers from the man who set this all in motion, and every American is entitled to those answers so we can act now to protect our republic," explained Republican Vice Chair Rep. Liz Cheney, introducing the motion. "So, this afternoon I am offering this resolution that the Committee direct the Chairman to issue a subpoena for relevant documents and testimony under oath from Donald John Trump in connection with the January 6th attack on the United States Capitol."

That wasn't the only bad news for the disgraced former President today. As the hearing was playing out, his corrupt, stolen and packed U.S. Supreme Court majority rejected his emergency motion regarding the classified documents he stole from the White House and retrieved by the FBI from Mar-a-Lago in early August. The High Court nixed, without comment, his appeal of a lower court ruling that blocked the documents marked as classified from a privilege review by a Special Master.

All of that came the day after Washington Post and New York Times each published stories last night reporting that a Trump employee was captured on security camera video from inside Mar-a-Lago moving boxes of documents both in and out of a storage room both before and after Trump had been subpoenaed by the Dept. of Justice earlier this year for the return of all documents that he had stolen from the White House upon leaving office. The reports allege that the employee is said to be cooperating with DoJ, at least to some extent, and was ordered to move the documents by Trump himself.

Like I said, a bad day for Trump...but a great day for everyone else!

Joining us for a very lively conversation attempting to make sense of all of this madness and much more today in our Special Coverage, are HEATHER DIGBY PARTON of Salon and Hullabaloo and 'DRIFTGLASS' of the Professional Left Podcast. And while both of them have been right about pretty much everything over the last 20 years, they disagree today on whether Trump will actually answer that Congressional subpoena to testify. Tune in to find out why.

As usual, they offer smart insight today on the new video footage and many other fresh revelations from this afternoon's J6 hearing, and we discuss whether Trump will now finally be indicted; on which of the several different criminal investigations he's now facing; and when such charges will --- or won't --- finally come...

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The state of California is embarking on a ground-breaking effort to manufacture and distribute a life-saving drug. The plan also deals a first major blow to private pharmaceutical companies that have long abused the nation's legal system for profit at the expense of the health of the citizenry.

"On my first day in office I signed an Executive Order to put California on a path towards creating our own prescription drugs," Democratic Governor Gavin Newsom declared in a July 7 video posted to Twitter, referencing his inauguration promise in January of 2019. "And now it's happening".

Newsom's statement came in the wake of his approval of a Golden State Budget Proposal that will invest $50 million into development and $50 million more into a State-owned facility that will manufacture and distribute generic (aka biosimilar) insulin to Californians at slightly above cost.

If it succeeds, California, which has the world's 5th largest economy, will not only become the first State, but also the only government, other than Cuba, to embrace the socialized production of generic medications. (Although Cuba develops and manufactures its own generic medications and provides free "preventative medical care, diagnostic tests and medications for hospitalized patients", Pharmacy Times reported, "Cubans pay out-of-pocket for outpatient medications.")

California's progressive Democratic Governor pointed to the extraordinarily high cost of insulin as a form of "market failure" that justifies his embrace of socialized medications. His decision to allow the Golden State to produce its own generic insulin also highlights the immoral manipulation of the nation's patent laws by for-profit drug companies...

We really do have (at least) two Americas at this point. One America, led by President Joe Biden and his Democratic party in Congress, who have now triumphantly signed into law the largest climate bill in U.S. history, which also includes landmark measures to make healthcare cheaper for tens of millions of Americans. And another America, which is calling for violence, mayhem and murder of American law enforcement officials, and they are led there by the disgraced former President of the United States. We discuss both Americas on today's BradCast. Apologies in advance for the whiplash. [Audio link to full show follows this summary.]

On Tuesday, Joe Biden signed the historic, if somewhat misleadingly named, Inflation Reduction Act (IRA), a trimmed down version of his Build Back Better Act which was blocked by all 50 Senate Republicans and two Democrat last year. The IRA, however, includes some $400 billion to finally begin tackling climate change and moving the nation from dirty fossil fuels to clean, renewable energy; institutes a $2,000 annual cap on prescription drug costs for seniors; allows Medicare to negotiate for cheaper prices with drug companies for the first time ever; and increases taxes on hugely profitable corporations that currently pay no taxes at all. It also helps pays down the deficit and a bunch of other things.

It was passed in both chambers of Congress, where Democrats hold the thinnest of majorities in each, without one single Republican vote, as the President took pains to note during his White House signing ceremony today.

"Let’s be clear," Biden said, "In this historic moment, Democrats sided with the American people, and every single Republican in the Congress sided with the special interests in this vote — every single one. In fact, big drug companies spent nearly $100 million to defeat this bill. A hundred million dollars. And remember: Every single Republican in Congress voted against this bill."

"We’re delivering results for the American people," the President boasted. "We didn’t tear down; we built up. We didn’t look back; we looked forward. And today offers further proof that the soul of America is vibrant, the future of America is bright, and the promise of America is real and just beginning."

"I know there are those here today who hold a dark and despairing view of this country," Biden said. "I’m not one of them. I believe in the promise of America. I believe in the future of this country. I believe in the very soul of this nation. And most of all, I believe in you, the American people."

As to those who do "hold a dark and despairing view of this country," many of them have been showing their true, dark colors over the past week since the FBI obtained a lawful warrant to search Donald Trump's Florida compound for highly classified and sensitive national security documents that he stole from the White House upon leaving office last year.

After Trump revealed the search publicly last week, using rhetoric seemingly chosen to incite violence --- falsely citing "prosecutorial misconduct," "weaponization of the Justice System," describing the U.S. as a "broken, Third-World Country" --- there has been what the DHS and FBI described in a bulletin last week as an "unprecedented" number of "violent threats" against federal law enforcement, courts and government personnel and facilities.

"These threats are occurring primarily online and across multiple platforms, including social media sites, web forums, video sharing platforms, and image boards," the bulletin warns. It was published the day after a Donald Trump supporter was killed following his attempt to attack an FBI field office in Ohio with a nail gun and an AR-15, and as another Trump supporter was taken into custody and charged for issuing graphic calls to "slaughter" federal officers on several different social media cites.

And while threats on far-right, neo-Nazi Internet sites reportedly spiked following Trump's announcement of the FBI search at Mar-a-Lago, it has also spiked on "mainstream" Rightwing media outlets like Fox "News", where the rhetoric --- from many of its prime time hosts and elected Republican officials alike --- has become hauntingly similar to that found on the darkest, far-right cesspools of the Internet.

We're joined today by STEPHANIE FOGGETT, a Research Fellow at The Soufan Center and Director of Global Communications at The Soufan Group, where her areas of expertise include terrorism, online extremism and the rise of white supremacy. She has a great deal of perspective to offer on this issue.

"This rhetoric is alarming, but it is not surprising, especially given the online spaces and activity that I watch every day," she tells me. "I monitor the darkest and most violent corners of this information ecosystem, and I really think, above all, it's important to know that these threats and attacks on law enforcement, they're not coming out of a vacuum."

Indeed, as Matt Gertz at Media Matters observed last week "Fox and other right-wing outlets describe the search as 'the worst attack on this republic in modern history,' part of a 'preemptive coup' to prevent Trump’s reelection, and a sign the country is now a 'tyranny.' They say the FBI is acting like 'the East German Stasi in the Cold War' and the Nazi 'Gestapo,' and call its agents part of a 'lawless criminal organization' that 'planted evidence,' bugged Trump’s bedroom, and may be planning his 'assassination.'"

"And they are quick to tell their viewers that they should fear their own persecution in the wake of the search," Gertz writes. "According to right-wing outlets, 'the real target of this investigation is you'." Just last night, Tucker Carlson, the most popular host on the nation's most popular cable "news" outlet, told viewers that President Biden is now "declar[ing] war on his own population."

"It's rinsing and repeating narratives and concerns that we saw with the Stop the Steal campaign and things like that," Foggett explains. "It's really tapping into this narrative on the far-right that if they can go after a President they will be able to come after you one day."

She worries even more "about what comes next," while offering both historical context for this current moment --- in which "every agency in America, from intelligence agencies to law enforcement agencies [have] come to the assessment that the far-right and domestic extremism is the greatest threat that America is facing today" --- and ways in which responsible Americans can respond in hopes of decreasing the threat.

"It is tricky, and there is no silver bullet. There's no one single thing that can be done to address this," Foggett asserts, before describing how individuals can be mindful of what they share online --- stuff that is meant to go viral with misleading messages --- and how "it's really about individuals in positions of power to be much more careful about the things that they say, and how they interact with the violence that this movement promises."

In short, solving this problem won't be easy, and things may get much worse before they get better. But there are ways to educate Americans about these now main-streamed extremists and ways to "isolate them by rejecting them, by ignoring them, and by denouncing them."

Finally today, Desi Doyen joins us for our latest Green News Report, with more on the Democrats' historic climate bill and several alarming new reports underscoring how the measure has finally become law not a moment too soon...

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At this point on The BradCast we can barely keep up with it all, as the years-long (and continuing) Trump Crime Spree continues to collapse and implode onto itself. [Audio link to full show is posted below this summary.]

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

• Author Salman Rushdie off ventilator, able to talk, and still in critical condition, but "on road to recovery", according to his agent, following his stabbing on Friday in western New York state.

• Federal court rejects Sen. Lindsey Graham's attempt to avoid grand jury subpoena for testimony in Fulton County, Georgia's probe of Trump's 2020 election theft conspiracy in the Peach State. Unless he can wriggle out of it somehow, he is scheduled to be deposed next Tuesday.

• Rudy Giuliani is informed by the Fulton County, GA District Attorney he is now a "target" of her investigation and likely to face criminal indictment.

• FBI and DHS issue joint bulletin over the weekend citing "unprecedented" threats to law enforcement and other government officials from the far-right Trump World following last week's warranted FBI search at Mar-a-Lago and retrieval of stolen, highly classified national security documents stolen from the White House by Trump.

• Congressional Republicans, now unable to defend Trump's theft of documents, demand instead that DoJ release the sealed affidavit from last week's federal court-approved warrant finding "probable cause" that Trump may have violated at least three federal laws (retaining or destroying federal documents; obstructing government proceedings; violating the Espionage Act).

• In Monday court filing, DoJ argues against release of the Mar-a-Lago affidavit, arguing "Disclosure of the warrant affidavit would irreparably harm the government's ongoing criminal investigation" and would "likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations." [Emphasis mine.]

• Over the weekend, NYTimes reported that a Trump lawyer signed a certification in June that all classified materials taken by Trump had been returned. That was not true, as the 11 sets of classified documents retrieved last Monday revealed. The false assertion by a Trump attorney came after nearly a year and a half of discrete efforts by the National Archives and DoJ to retrieve the documents. The paper also reported security camera footage from inside Mar-a-Lago revealed that, just after Team Trump was contacted by the DoJ, boxes were moved into and out of the storage area where Trump unlawfully kept the classified records in a basement storage area at the hotel.

• Mid-show, NBC reported that the Trump Organization's longtime Chief Financial Officer, Allen Weisselberg, was preparing to plead guilty in the Manhattan District Attorney's criminal fraud charges filed against both him and Trump's family business last year. NYTimes is now reporting that, under the plea agreement, Weisselberg will face just 5 months in prison and will not be cooperating with the prosecution against Trump or his family.

• Finally, callers ring in with their own speculation on why they believe Donald Trump was hording those national security documents and refusing for a year and half to give them back. Also, on whether he will finally be held accountable for that and the rest of his endless criming...

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Sending our love and best wishes to get better soon today to our regular BradCast guest host, Nicole Sandler, who cracked a couple of ribs over the weekend, so wasn't able to fill in for us on yesterday's show as previously planned. But, we're back today with --- you'll be shocked to learn --- lots of news to cover! [Audio link to full show is posted below this summary.]

Among today's many stories of note...

• Our global climate emergency continues to worsen, as it's been hitting the U.S. --- in addition to Europe and Asia --- hard over the past week or two. In addition to record high temps in the Midwest, South and Northeast in recent days (some of which may be seeing some relief), after two weeks of record heat, more than 9 inches of rain fell on my old hometown of St. Louis, Missouri today, smashing a century-old record. Flash-flooding is predicted to occur in various places from Kansas to West Virginia, Virginia to Tennessee this week, and triple-digit temps will once again slam the usually-cool Pacific Northwest. It's a climate in chaos that will only get worse until (or IF) we do something to slow the burning of climate warming fossil fuels.

• Just one state, North Carolina, is holding elections today, runoffs in a number of municipal contests. Next Tuesday will be very busy, however, with primary voting in Ohio, Arizona, Kansas, Michigan, Missouri and Washington state. Over the weekend, AP called last week's 10-way Democratic gubernatorial primary in Maryland for Oprah-endorsed Wes Moore, the former CEO of an anti-poverty nonprofit. He would become the state's first black Governor if he defeats Trump-endorsed, insurrection-promoting, 2020 election-denying, right-winger Dan Cox. Last week, Cox defeated the centrist Republican candidate endorsed by the state's current, popular, two-term Republican Governor, Larry Hogan, to win the party's Gubernatorial nomination. This, like the Governor's race in Pennsylvania (more on that below), now becomes another very critical state for Democrats to win in 2022 in order to help stave off the threat of election theft in 2024 by a Republican who has said he would not have certified Joe Biden's victory in 2020, had he been Governor at the time, even though Biden won MD by more than 33 points.

• Longtime listeners and readers know we always warn after Election Days that problems with voting and tabulation systems sometimes do not appear until days or weeks (or longer) after Election Day. We've got a doozy of an example of that today, on the heels of the June 28 primaries in Illinois where, in Winnebago County, all the referendums on the ballot that day falsely appeared to have been adopted by more than 90% of the vote. Luckily, in this case, hand-marked paper ballots used in the County and cast by some 20,000 voters, ended up saving the day, allowing votes to ultimately be counted correctly as cast, even after the computer tabulators didn't. We explain.

• BREAKING THIS AFTERNOON: New York Times has obtained previously undisclosed emails between top Trump allies organizing what even they described as a "fake" electors plot in seven states after the 2020 election, in hopes of stealing it for their man. Members on the email chain acknowledged that the phony electoral votes "aren't legal under federal law", but they hoped to spring them on Dems and media anyway "so that members of Congress can fight about whether they should be counted on January 6th." The plotters included a bunch of GOP attorneys, state GOP party officials, Trump campaign staffers and activists and included Rudy Giuliani and Trump's Chief of Staff Mark Meadows. They all knew about it, and they all knew that it was unlawful. The plot also included Doug Mastriano, who, the Times reports, served as the point person for the fake elector scheme in Pennsylvania. Mastriano is now the pre-disgraced, far-right, Christian Nationalist Republican nominee for Governor in the Keystone State.

• All of that, as both the criminal probe and the House Jan. 6 Committee's investigation of the deletion of Secret Service text messages from January 5 and 6, 2021 heats up and as President Biden, said to be quickly improving from his bout with COVID, offered remarks on video tape to a black law enforcement group in Florida on Monday, about Trump's refusal to stop the insurrection or even condemn the rioters he incited (as the J6 Committee went further in revealing over the weekend.) As Biden correctly told the cops in FL: "You can't be pro-insurrection and pro-cop. You can't be pro-insurrection and pro-democracy. You can't be pro-insurrection and pro-American."

• Finally, Desi Doyen has our latest Green News Report, with news on a huge new wildfire which has exploded near Yosemite; a new study finding concurrent heat waves are now six times more frequent thanks to climate change; and new details on a 2020 pipeline spill in Charlotte, North Carolina which now turns out to have been 30 times larger than previously known --- making it the largest inland spill in U.S. history...

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On January 6, 2021, then President Donald Trump wound up his supporters, who he knew to be armed, with lies about a stolen election, which he knew to be false, at a rally near the White House. He then pointed them toward the U.S. Capitol with the instruction to "fight like hell". They did. People died. And during the more than three hours of violent attack, as five people would lay dead, hundreds of law enforcement officials injured, and Trump's MAGA mob coming within feet of fleeing lawmakers --- including the Vice President --- the Commander-in-Chief holed up in the dining room near the Oval Office in White House, ordered that no photographs be taken, watched the carnage on TV, and did nothing to stop any of it.

In fact, as the bipartisan U.S. House Select Committee investigating the insurrection and Trump's many other failed attempts to steal the 2020 Presidential election made clear on Thursday night's Day 8 --- and as we discuss on today's BradCast Special Coverage --- he wasn't bothered in the least by the carnage. It was all part of the plan. [Audio link to full show is posted below this summary.]

The then-President was informed that the riot was under way at the Capitol just minutes after returning to the White House after his speech to rile up the insurrectionists. He spent the next several hours ignoring his sworn duty and oath of office to defend the nation and Constitution, while rejecting scores of entreaties from advisers, friends, top staffers and legal aides, refusing to take any action to quell his angry, dangerous, armed and disinformed mob. But he did, as the Committee laid out in minute-by-minute detail, call friendly U.S. Senators (some of them, such as MO's Josh Hawley, who were fleeing for their lives after firing up the mob themselves) in hopes of encouraging them to further his plan to steal the election from its rightful victor, Joe Biden, during the joint session of Congress to confirm the Electoral College vote.

"Trump didn't fail to act," Republican Committee member and Iraq and Afghanistan combat vet Rep. Adam Kinzinger (R-IL) charged, "he chose not to act." That, after turning his supporters "love of country into a weapon," as Committee Vice Chair Liz Cheney (R-WY) asserted, adding: "Donald Trump made a purposeful choice to violate his oath of office."

It was, according to the evidence presented, the greatest "dereliction of duty" ever committed by a sitting U.S. President. By far.

The hearing was incredibly information-dense. With compelling evidence and testimony --- both live and on video tape --- from dozens of former aides, military and national security officials, White House attorneys, staffers and family members, all detailing Trump's hours-long lack of action. No calls to the military or national security or law enforcement agencies. The violence was the plan all along. He did not want to stop it.

Even the next day, as seen in raw footage from the White House, the loser Trump could not declare that the election was over during a brief, scripted, video-taped address to the nation, in which his emotional instability and seething anger was, at times, laid bare for all to see. (Everyone but Fox "News" viewers anyway. Fox didn't show it to them, choosing to run Sean Hannity's show instead, making fun of Joe Biden for having COVID, even as the Committee was revealing Hannity's own texts to Trump's Chief of Staff, Mark Meadows, begging him to get the President to take action to stop the attack on the Capitol.)

Perhaps the most chilling moment of the night was the video-taped testimony from an unidentified national security official, his or her voice disguised, detailing how members of VP Mike Pence's Secret Service detail were calling family members, as the mob attacked, to say goodbye, as the officials believed they may not live through the day.

We're joined today by two excellent guest panelists, both old friends and old school bloggers. One, HEATHER DIGBY PARTON of Salon and Hullabaloo, has been with us for every one of the Committee's summer series of hearings. (They now promise more in September.) And the other is RICHARD "RJ" ESKOW, longtime columnist and host of The Zero Hour on radio and TV.

The conversation, as always with these two, was spirited and insightful. Eskow has some complaints about the Committee, Parton thinks they are doing a superb job. Both have smart thoughts about what we've learned from the hearings so far, including last night, what we still need to learn much more about in the weeks ahead, and what it all may mean going forward.

And, oh yeah, on Friday, just before airtime, a federal jury found Trump's former aide and campaign chair, Steve Bannon, guilty on both criminal counts of Contempt of Congress, for having ignored lawful subpoenas from the J6 Committee for testimony and documents regarding what he knew about Trump's insurrection. He now faces anywhere from 60 days to 2 years in prison, presuming he isn't able to squirm out on appeal between now and his sentencing in October. Parton explains why she thinks today's verdict may actually become a win for Bannon, who she describes as "MAGA Mandela." We'll see if she's right about that.

Lots to cover on today's lively Special Coverage. Please tune in!...

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I don't relish saying "I told ya so" on The BradCast. But, in today's lead story, unfortunately, I have to yet again. [Audio link to full show follows this summary.]

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

• We've been telling you for months that West Virginia's corrupt Democratic U.S. Senator Joe Manchin --- whose family makes millions from the coal industry and campaign rakes in millions from the fossil fuel industry --- never had any intention of allowing any environmental measures to pass that might actually help reduce the deadly emissions that are causing our climate crisis. Nonetheless, his fellow Democrats and corporate media, like Charlie Brown, seem to keep buying his BS claims that he really really wants to adopt environmental provisions and raise taxes on the wealthy to help pay for them. After months of more pretend negotiations, Lucy pulled the football away from Charlie Brown yet again on Thursday night.

• Gas prices are finally falling. Will Joe Biden get credit for that, since he was inappropriately blamed for Big Oil's record profits from war profiteering and price gouging? (Which all Republicans in Congress refused to outlaw recently?)

• Texas' privatized, unregulated electric grid is on the brink of collapse yet again, thanks to record heat (which is thanks to a fossil fuel industry-sponsored climate crisis that all Republicans and Democrat Joe Manchin refuse to do anything about.) Will Lone Star State voters this November finally figure out who is to blame for the outages --- and hundreds of deaths that continue to come with them --- during both extreme heat and cold in the state?

• Oh, look! The Secret Service seem to have accidentally erased all of their text messages from January 5 and 6, 2021, even after the Dept. of Homeland Security's Office of Inspector General asked to see them. Luckily, not much happened over those days that the American people would very much like to know about.

• Oh, look! A D.C. Metropolitan Police Officer has reportedly testified to the bipartisan U.S. House Select Committee investigating the January 6, 2021 insurrection and Donald Trump's other attempts to steal the election that there was a physical altercation with Secret Service officials inside Trump's limo when he wanted to go to the Capitol instead of back to the White House that day. The alleged under-oath corroboration has so far received much less corporate media notice than the anonymous, still-unnamed person at the Service who claimed that Cassidy Hutchinson was lying during her explosive public testimony late last month about what she'd been told about the incident just after it happened. And the Secret Service officials who were supposed to come forward to dispute her story to the Committee have still failed to do so. (Sure would have been helpful if the Service hadn't erased their text messages from that day.)

• Mesa County, Colorado's disgraced County Clerk (and recently failed GOP candidate for Secretary of State), Tina Peters, is in yet more legal trouble. The easily-duped MAGA election fraud conspiracy theorist --- now charged with 7 felonies and 3 misdemeanors related to her orchestrating an illicit scheme to unlawfully copy and publicly distribute very sensitive voting system software last year --- had a warrant issued for her arrest by a Judge on Thursday after she left the state without court permission to speak at another evidence-free MAGA election fraud conspiracy conference in Vegas.

• But the actual election fraud perpetrated by GOP officials running for office continues. Just a few short weeks after 5 of the 10 Republicans running for the Gubernatorial nomination in Michigan were struck from the ballot for turning in tens of thousands of fraudulent petition signatures, it's happened again. This time in New York. The GOP nominee for Governor, U.S. Rep. Lee Zeldin --- who voted against confirming Joe Biden's 2020 Electoral College victory and whose website features a "Team Zeldin Election Integrity Task Force" page, vowing to work "around the clock now and into November to ensure we have fair elections" --- apparently turned in nearly 13,000 fraudulent petition signatures, including 900 pages of photocopies of signatures, in hopes of appearing on the Independent Party ballot line this fall. The Libertarian Party challenged the fraudulent signatures and the state Board of Elections confirmed the fraud, denying Zeldin a third line on the November ballot.

• Finally, Desi Doyen has our latest Green News Report, with a passel of climate related stories that are so grim, we can't even bring ourselves to tease them here. On the other hand, she does have one pretty good piece of news out of California...so there's that!

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He didn't help steal the 2020 Presidential election for Donald Trump, but that doesn't make Georgia's Republican Sec. of State Brad Raffensperger a hero. As discussed on today's BradCast, he did the right thing, sort of, but, as our guest explains today, but for the wrong reasons. Worse, he now appears to be involved in an outright cover-up of wrong-doing by Trump supporters and GOP election officials in the Peach State.

First up today, on the heels of the gripping series of hearings by the bipartisan U.S. House Select Committee investigating Trump's January 6, 2021 insurrection and his multiple attempts to steal the 2020 election, the Dept. of Justice is reportedly broadening their ongoing criminal investigation. Washington Post reports tonight on new subpoenas dropped in a number of states on Wednesday to several of the fake Trump electors who tried to join the disgraced former President in his efforts to rob the American people.

Meanwhile, Tuesday's hearing, as discussed during yesterday's special coverage, was gripping and emotional at times, as it focused on state officials and local election workers who refused to go along with Trump's election theft schemes and were targeted and terrorized in the bargain by the former President and his mob of MAGA thugs.

While there were a number of folks who testified on Tuesday that reacted heroically in the moment, two of them, Raffensperger and his Deputy Sec. of State Gabe Sterling (who served as Georgia's Voting Systems Manager in 2020), should not necessarily be included among them.

The three separate tallies of Presidential election results in the state that both men testified about on Tuesday --- the original machine count, a second statewide hand-count "audit", and a third tally by machine, as requested by the Trump Campaign --- are not quite as pristine as they would have the nation believe. Moreover, Raffensperger's office appears to be carrying out a months long cover-up of a serious breach of the state's voting system by Trump supporters and GOP election officials in GA's rural, right-leaning Coffee County.

As promised on yesterday, we're joined today by MARILYN MARKS of the non-partisan, nonprofit Coalition for Good Governance for a bit of a rebuttal to Raffensperger and Sterling's testimony before the House J6 panel, and an update to a stunning and troubling story of corruption we initially reported here last month, which could have very serious ramifications for elections in both 2022 and 2024.

Marks, who's Coalition has two long-running federal lawsuits against Georgia and Raffensperger --- one, filed in 2017 to block the use of his 100% unverifiable touchscreen voting systems made by Dominion, and the other challenging the state's SB 202 voter suppression bill (I am a named plaintiff, representing media) --- has been analyzing the state's 2020 election results with a fine-toothed comb as part of her group's voting machine case. She explains today that the numbers reported by Raffensperger's hand-counted "audit" and machine-tallied recount, are nowhere near as aligned with the original tally --- and each other --- as Raffensperger and Sterling represented to the Congressional panel.

In fact, hand-counted numbers were tallied in secret and "fudged" by the state to match the original tally from Raffensperger's hand-chosen touchscreen voting systems, she charges.

That still doesn't mean that Trump won the state, as he pretends that he did. The mountain of errors discovered in the tallies, she takes pains to note, went randomly both ways. But they did not match up as perfectly with the original count as the two state officials claimed on Tuesday.

"We have found nothing that would suggest that Biden should not have been declared the winner. However, there are massive problems with the audit, the recount, and probably the original count, as well," Marks describes. "What really happened here, it appears, is that the audit, as well as the machine recount, were fudged, if you will. That may be a strong word for me to be using right now, but I will just say that the numbers are not straightforward at all, that there are many adjustments that they needed to make to try to arrive at claiming that the numbers matched the original count. They do not."

Why didn't the numbers match up? "It's hard to know," she tells me. When he was asked about it during his deposition in CGG's federal lawsuit, Sterling "just shrugged it all off as 'human error.' He did not try to tell us the same thing he tried to tell the Congress yesterday. He did not try to say it's only off by a little bit. We took him through the numbers and he said, 'It's all human error.'" He was certain that the machine results must have been correct and any count that differed "had to be human error. How many years have we heard, across the nation, about how the machines have to be right?"

While Raffensperger's hand-count audit was ostensibly carried out in public view, the public couldn't actually oversee it or follow along. All of the numbers throughout the process were kept secret and sent back to the SoS' office. By contrast with, say, the fully transparent statewide recount of the 2008 Al Franken/Norm Coleman U.S. Senate race in Minnesota, when the public and media were allowed to follow along and track every step and the tally of every ballot, there is no way to know if Georgia's 2020 numbers were right or wrong. Shamefully, as Marks observes, the media didn't raise a peep about it.

She offers much more on that during today's program before we turn to the related topic of the disturbing matter in Coffee County. There, as we reported last month --- along with exceptional investigative coverage from Washington Post and Daily Beast (but not, curiously enough, the Atlanta Journal Constitution, which hasn't covered it at all) --- Trump supporters, in cahoots with Republicans on the Coffee County Board of Elections, made illicit and illegal copies of the sensitive Dominion voting system software used across the entire state the day after the January 6 insurrection.

You may have heard of similar breaches by Trumpers that occurred in Michigan and Colorado (where the Republican County Clerk in Mesa County, Tina Peters, is now facing criminal charges for having done so.) The breach in GA occurred in January, as one of the apparent ring leaders actually confessed to Marks during a phone call, which she was smart enough to record. (We play part of that phone call confession on today's show.)

Though none of this was publicly known, Raffensperger's office, several months after the breach, seized and exchanged the voting server in Coffee, claiming that someone had changed the password so that the system could no longer be accessed. But it wasn't until late last year, when Sterling was asked about all of this during his deposition in Marks' lawsuit that any of it was confirmed. He claimed, at the time, that the matter was being investigated by his office. But, as Marks details today (and in a recent post at Medium), there is absolutely no record of any investigation over the past year and a half by Raffensperger's office. In fact, as Marks suggests today, it appears the Sec. of State is involved in a straight up cover-up of the entire matter.

"This is awfully hard to put together," she concedes when I ask why the SoS, who helped block Trump's efforts to steal the election, would now work to protect those very same people. "It doesn't make much sense at all. So why would Raffensperger do that? Again, we go back to he needs to defend the system more than he wants to defend democracy." He's also running for re-election this November.

Making things worse, as she points out, serious vulnerabilities were discovered and documented in Georgia's Dominion touchscreen systems (which her suit hopes to ban) by one of her lawsuit's expert witnesses. The vulnerabilities were then reviewed and confirmed by the U.S. Cybersecurity and Infrastructure Administration (CISA), which issued a warning to states about it late last month.

But the SoS office has responded in the lawsuit to say that those vulnerabilities are not of concern, since someone would have to spend a lot of times with the system software to know how to exploit them. Well...guess what happened over a year and a half ago in Coffee County?

Raffensperger's "defense is not that the system doesn't have any vulnerabilities," Marks notes. "His defense is, 'Look, you can't get to those vulnerabilities because the software is entrusted in insider election officials' hands.' Not anymore."

It's a big show today, concluding with our latest Green News Report. Please tune in for the full, stunning story...

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Like it or not, we're back on today's BradCast! But we've got plenty of trouble-making and muckraking for you today, and even some contentious listener calls for your listening pleasure! [Audio link to full show follows below this summary.]

First up, some long overdue good news. Though we've been warning, in great detail, over the years (nearly 20 of them, at this point) about the risks of voting on 100% unverifiable touchscreen voting systems, we now have some good(ish) company. Last Friday, the U.S. Cybersecurity and Infrastructure Agency (CISA) issued a public security advisory regarding nine serious vulnerabilities discovered in touchscreen Ballot Marking Devices (BMD) made by Dominion.

The alert comes after the federal agency's review of a sealed report, which a federal court in Georgia allowed CISA to access, created by the University of Michigan's J. Alex Halderman, a longtime cybersecurity and voting systems expert who is serving as an expert witness in the Coalition for Good Governance's long-running lawsuit to block the use of those systems in the state. The Coalition, founded and headed up by frequent BradCast guest Marilyn Marks, filed suit in 2017 against Georgia's use of touchscreen systems made by Diebold. After the court found those systems to be unverifiable, insecure and, therefore, unconstitutional, the state defied expert advice to move to a hand-marked paper ballot system. Instead, GA's Sec. of State Brad Raffensperger forced all counties in the state to switch to a newer touchscreen BMD system made by Dominion, which has many if not all of the same vulnerabilities as the older systems that were banned by the court.

As part of the Coalition's lawsuit, Halderman was granted access to the Dominion systems and found vulnerabilities so alarming that his report was sealed by the federal judge and even blocked from review by the plaintiffs. Only their attorneys could view the report, until CISA asked to see it in February. U.S. District Judge Amy Totenberg allowed them access and, after studying the report and notifying the 16 states where Dominion BMDs are used, CISA issued their public alert last week.

"One of the most serious vulnerabilities could allow malicious code to be spread from the election management system to machines throughout a jurisdiction," according to Kate Brumback's excellent coverage at AP. "The vulnerability could be exploited by someone with physical access or by someone who is able to remotely infect other systems that are connected to the internet if election workers then use USB sticks to bring data from an infected system into the election management system."

In the wake of Donald Trump's lies about the 2020 Presidential election being stolen (when, in fact, it was he who was attempting to do so), has led to a rash of election insiders --- the County Clerk in Mesa County, CO, the Board of Elections in Coffee County, GA, to name just two cases --- making secret copies of proprietary voting system software and releasing it to members of the public in an extraordinary security risk for future elections.

The vulnerabilities, according to CISA, could allow manipulation of results in a way that would not necessarily be discovered by most security provisions employed by most jurisdictions which use these terrible types of voting systems. Halderman told AP that he believes it is not only the systems made by Dominion that are vulnerable. Similar touchscreen systems made by ES&S, the nation's largest vendor, are used in many more states across the country, or by Smartmatic, whose touchscreen BMDs are now forced on voters at the polling place here in Los Angeles County, the nation's largest single voting jurisdiction. They all have many of the same design flaws, such as the use of barcodes/QRCodes to tally ballots printed out by the systems, ignoring the human-readable selections printed on the same ballot paper that may or may not have been correctly verified by the voter.

"There are systemic problems with the way election equipment is developed, tested and certified," Halderman told AP, "and I think it’s more likely than not that serious problems would be found in equipment from other vendors if they were subjected to the same kind of testing."

We dive into the details of this long overdue story today, along with recommendations for how voters can maximize the odds are their votes being tallied as per their intent in this year's critical midterm elections. (One key suggestion: Vote on a hand-marked paper ballot if possible! Even if it means using an absentee ballot. Deliver it in person to a dropbox or polling place, if you can!)

Next up, we try to open the phones to callers regarding their hopes for the the upcoming U.S. House select Committee's public hearings, beginning this Thursday, on Donald Trump's January 6, 2021 insurrection and his attempt to steal the 2020 Presidential election. As it turns out, however, some callers want to discuss election concerns. And, among them, at least one of whom is a terribly disinformed rightwinger who actually believes the 2020 election was stolen. Much fun ensues thereafter! Enjoy!...

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Three years ago this month on The BradCast, we spoke with the Executive Director of the National Butterfly Center in deep south Texas in the Rio Grande Valley as Trump's Dept. of Homeland Security was busting locks on the 100-acre wildlife sanctuary to roll in heavy construction equipment to build Trump's dopey border wall. Last week, the Center was forced to temporarily shut its doors due to worsening violent threats and menacing from Trump's MAGA mob. Last night, she met with the FBI. Today, the Center's Executive Director joins us again to discuss the increasing madness of what is going on down there now, more than a year after Trump was tossed out of office. [Audio link to full show is posted below this summary.]

BUT FIRST, a couple of amusing and/or encouraging updates to other stories we've been covering in some detail on this program.

We have new news out of North Carolina, where Republican MAGA Congressman Madison Cawthorn's eligibility to run for reelection is being challenged at the State Board of Elections by state voters working with the Constitutional law experts at the non-partisan Free Speech for People good government group. The complaint to the SBE alleges that Cawthorn, who participated in the January 6 rallies and their planning, is ineligible to run for federal office in the state, based on Section 3 of the Constitution's 14th Amendment which bars from federal office those who previously took an oath to defend the Constitution and then "engaged in insurrection or rebellion" against it. Rather than defend himself in a Board hearing, as required by state law, Cawthorn filed suit last week in federal court charging the state Board has no right to determine whether he meets eligibility requirements for the ballot. In their response to the suit this week, CNN reported last night, the Board disagrees. Their motion explains that "States have long enforced age and residency requirements, without question and with very few if any legal challenges. The State has the same authority to police which candidates should or should not be disqualified per Section 3 of the Fourteenth Amendment."

The case obviously has serious implications for a number of other MAGA Caucus members of Congress who participated in the January 6th insurrection and huge implications for Donald Trump's ability to be on the ballot in 2024 in the critical swing-state, if he decides to run again. We discuss that and a few more follow up details on the heels of today's update, following on our in-depth conversation last week about the original complaint with Constitutional law expert John Bonifaz, Co-Founder and President of Free Speech for People.

NEXT, following up on a story we covered in great detail last year, the disgraced and very Trumpy Mesa County, Colorado County Clerk, Tina Peters, was arrested on Tuesday. And the video of her being taken into custody by law enforcement officials is pretty hilarious. You may recall that, in 2020, in the middle of the night, Peters snuck into the secured room where voting equipment is kept in her County with an unauthorized person. They turned off the security cameras and made copies of hard drives containing the critical Election Management System (EMS) software on the county's Dominion Voting Systems machines. That proprietary software was subsequently leaked onto the Internet as Peters participated in a loony "Cybersecurity Forum" with "Stop the Steal" conspiracist and MyPillow CEO Mike Lindell just days before the same critical software was to be used in several California counties during the GOP's failed attempt to recall the state's Democratic Gov. Gavin Newsom.

Peters was removed from her duties by the state's Secretary of State and is now being investigated by the state's Attorney General. But her arrest on Tuesday was reportedly related to her use of an iPad to unlawfully record a court hearing for one of her deputies who was also removed from office in relation to the software theft. And, yes, the video of Peters' arrest, as you'll hear, is kinda hilarious.

THEN, we're joined by MARIANNA TREVIÑO-WRIGHT, Executive Director of the National Butterfly Center in far south Texas, which was forced to close its doors indefinitely last week. The sad --- but, hopefully temporary --- news comes on the heels of increasingly violent threats and targeting by Trump's MAGA mobsters over the past three years. She explains how those threats have worsened during that time and in recent days, ever since the Center attempted to sue the Trump Administration in 2017 to stop construction of his border wall on and near the Center's property on the banks of the Rio Grande River in the city of Mission. (We interviewed Treviño-Wright about that on this program in February of 2019.)

The targeting that the Center has endured, as she explains today, includes "outrageous lies" beginning in the fall of 2019, when Steve Bannon and supporters of his fraudulent "We Build the Wall" project (for which he was indicted and later pardoned by Trump) claimed that the wildlife preserve and study area was actually "a cartel front and engaged in human trafficking, that we were selling women and children in to sex slavery [and] that there were dead bodies and terrorists on the property."

"They tell these lies because they work," Treviño-Wright tells me today, citing the QAnon "Pizzagate" lie that almost turned deadly and the 2019 massacre at a Walmart in El Paso, just days after a nearby "We Build the Wall" rally. Two weekends ago in Mission, there was a "We Stand America" rally featuring Trump's disgraced National Security Advisor and QAnon hero Michael Flynn, which coincided with a physical altercation at the Center with a MAGA Congressional candidate from Virginia. There were also a number of rightwing media outlets who shot videos outside the sanctuary, suggesting that the Center was a way-point for human traffickers.

After the 2019 targeting, Treviño-Wright says, "the militia arrived, and a whole bunch of angry people unleashed a torrent of hate, of threats --- by mail, by phone, email, you name it. They came here to tell us to our face what despicable human beings we were, how we should be hanged and burned and all of that."

But menacing "indirect threats" have worsened in recent days, leading to her meeting on Tuesday night with the FBI to discuss a neo-Nazi who, she explains, has "gone to federal prison three times, most recently for his role in inciting the Tree of Life Synagogue massacre," who has recently moved to Texas. "He has been posting online messages using my photo and workplace, and urging the members of his church in his holy war to find out where I live, and everything they can about my children," Treviño-Wright details. You may or may not be shocked by what she says she was told last night by the FBI.

In the meantime, she tells me that the Board of Directors at the North American Butterfly Association, which runs the Center, "is actively seeking to engage licensed security professionals to do the assessments necessary and make the recommendations for training, for physical assets that we need on the property, and maybe even for additional personnel, so that we can re-open safely." But, she laments, "armed guards at a nature center is not at all the kind of look we are going for."

Citing the Lone Star State's Republican Gov. Greg Abbott's policies allowing for indiscriminate, unlicensed open or concealed carry of firearms, Treviño-Wright describes charges it's "the wild wild West down here," though not due to "the things that Fox News and other are saying" about some sort of "crisis" at the border. "The call is coming from inside the house," she asserts. "That's where we are in the United States now. The terrorism is home-grown, and it's our own neighbors and relatives."

Treviño-Wright goes on to offer a timeline for when the Center may be able to re-open to the public; how members of the public can help in the meantime (a membership with the Center, she explains, "comes with benefits for people across the United States" and will help to continue paying employees during these weeks they are forced to remain closed); the status of the Center's ongoing lawsuit to stop the nearby construction on the river, which she says the Biden Administration is continuing under the guise of "levee repair"; and much more --- including some actual good news on butterfly survival if you can imagine such a thing!

She is a fantastic guest and, frankly, a great American. Please tune in for our conversation today.

FINALLY, we close with late breaking word from WaPo that the National Archives has reportedly asked the Dept. of Justice to investigate whether Trump's mishandling of Presidential records --- including absconding to Mar-a-Lago with some 15 boxes of them --- is a criminal violation of the Presidential Records Act. (Which, of course it is. The question is whether Merrick Garland's DoJ will do the right thing and take action on it. Don't hold your breath...)

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On today's BradCast: Self-declared Republican "Constitutionalists" may not turn out to be huge fans of the written text of the U.S. Constitution after all. Particularly Section 3 of the 14th Amendment which bars from federal office those "who, having previously taken an oath, as a member of Congress, or as an officer of the United States...to support the Constitution of the United States...engaged in insurrection or rebellion against the same." [Audio link to full show is posted at end of this summary.]

That's turning out to be very bad news right now for North Carolina's Republican Rep. Madison Cawthorn. It could also turn out to be bad news in the not too distant for other members of the MAGA Caucus in Congress and even our disgraced former President --- even if that might be good news for the rest of the nation.

Last month, an official complaint [PDF] was filed by voters with NC's State Board of Elections, charging that Cawthorn must be disqualified from running for re-election this year in the Tar Heel State. The freshman Congressman reportedly participated in planning meetings for the rallies in advance of the deadly attack on the U.S. Capitol on January 6th, 2021 and spoke at the rally on the Eclipse in front of the White House prior to Donald Trump's speech directing supporters to head to the Capitol and "fight like hell". Cawthorn also joined dozens of other members of the House and Senate that day in voting against Joe Biden's Electoral College victory, despite the lack of evidence of fraud that might have changed the certified results of the election in any state.

The effort to block Cawthorn's candidacy in NC is the first official volley in the 14Point3.org campaign created by good government groups Free Speech for People and Our Revolution. NC state law requires that candidates must meet all requirements for office as detailed in the U.S. Constitution and further requires potential candidates to disprove any challenges to those qualifications, such as their age, legal residency, citizenship status or, in this case, whether or not they've "engaged in insurrection or rebellion" against the U.S. Constitution.

We're joined today by longtime Constitutional law expert JOHN BONIFAZ, co-founder and President of the non-partisan, non-profit Free Speech for People, to discuss this rather amazing and actually quite serious challenge to Cawthorn's candidacy and perhaps additional challenges to other insurrectionist candidates such as Marjorie Taylor Greene of Georgia, Mo Brooks of Alabama, Paul Gosar of Arizona, Lauren Boebert of Colorado and potentially even one Donald J. Trump.

"It's a 'novel' challenge in the sense that it's the first such challenge since the Reconstruction Era," Bonifaz tells me, while noting that "during that time, Section 3 of the 14th Amendment was applied to many Confederates who remained in positions of government power." But, he explains, "the Framers of the 14th Amendment were clear that if you take an oath of office to defend and protect the Constitution, and then you turn around and engage in insurrection or give aid and comfort to it, then you are prohibited from holding future public office. Now, we have the second insurrection in our nation's history and those who incited the insurrection or gave aid or comfort to it must also face accountability under that mandate."

The challenge is serious enough that, on Monday, Cawthorn filed a federal lawsuit in hopes of quashing the inquiry into his role on January 6th. His lawsuit claims that the State Board has no authority to keep him off the ballot. Bonifaz describes the claim as absurd. "If Madison Cawthorn were ten years old and seeking to be on the ballot in North Carolina, there'd be no question that he's ineligible to be placed on the ballot because he doesn't meet the age qualification for a member of Congress. This is another qualification requirement --- you cannot take an oath of office, as Madison Cawthorn did on Jan. 3, 2021, and then turn around and engage in insurrection and hold public office again."

"Instead of complying with the process that is laid out under state law, he has now rushed to federal court with his attorney to try to completely declare the whole process by which candidate qualifications are brought to be unconstitutional" Bonifaz contends. "If it's so hard for him to prove that he's not an insurrectionist, maybe the real question is why Section 3 of the 14th Amendment should not be applied to him."

"If he's really nervous about appearing before the State Board of Elections, that may be a real indication that the Board needs to act in the voters' favor. But the very fact that he's doing an end run around the state process and rushing into federal court ought to tell you a lot about whether Madison Cawthorn wants to appear before the State Board of Elections to defend himself."

Cawthorn's attorney has also offered another unique defense. He charges that the last part of Section 3 states that "Congress may by a vote of two-thirds of each House, remove such disability" and that the Amnesty Act of 1872 declared just that. Yes, Cawthorn is relying on the dispensation given specifically to former Confederate rebels in 1872 to try and remain on the ballot in 2022. Bonifaz explains on today's program why he is less than impressed with that defense.

For the moment, while there is a separate legal challenge to NC's newly gerrymandered Congressional maps, the qualifications process for all candidates in the state is on hold. Once the maps are settled, however, Bonifaz says the Board's "longstanding process by which voters can bring these kinds of challenges" includes creating a panel that will have 20 days to hear the case in which Cawthorn will have to defend himself, before the matter goes to the full Board and then, potentially, to state court on appeal.

One way or another, the matter must be settled in a few months before the state's primary election. It has resulted in a fascinating conversation among Constitutional law experts on the matter of what it means to "engage" in an insurrection. Bonifaz explains why he believes that conviction for sedition or insurrection in a court of law is not necessary to trigger the Constitutional clause. And if Cawthorn is, in fact, disqualified from running in North Carolina based on restrictions in the U.S. Constitution, what will that mean for other such insurrectionist candidates in other states in 2022 and, indeed, for Trump himself, if and when he attempts to become a candidate on the ballot again in the critical and closely divided swing-state in 2024? All of that, and much more is discussed on today's program.

Also today, speaking of insurrectionist Trump, new exclusives late last night from both CNN and the New York Times suggest that the disgraced, twice-impeached former President was much more personally involved in the attempt to seize the nation's voting machines following the 2020 election than previously reported. Also, that his efforts were far broader than previously known. CNN reports that there were actually two different Executive Orders drafted up for Trump's use. One was recently obtained by Politico, which we discussed last week. That one would have ordered the Department of Defense to seize the machines. The other order would have directed the Department of Homeland Security to do so. Team Trump was reportedly told by DHS that the federal agency lacked the authority to impound the voting systems.

But the Times offers new details on a third effort, which included a personal appeal by Trump in the Oval Office to his then Attorney General Bill Barr to have DOJ impound the voting systems. Barr, to his credit, is said to have immediately shot down the idea, telling the desperate loser that, since there was no evidence of fraud on the systems, the DoJ had no probable cause to believe they had been used in any crime. Trump's A.G. tendered his resignation shortly thereafter.

Finally today, Desi Doyen joins us for our latest Green News Report with bad news for fans of winter sports and good news for opponents of more deadly oil and gas drilling in the Gulf of Mexico...

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IN TODAY'S RADIO REPORT: Historic storm slams drought-stricken Western U.S., as climate-intensified extreme weather threatens 90 million Americans across the nation; U.N. study finds greenhouse gas emissions hit new record highs in 2020; PLUS: New reports warn man-made climate change poses a serious and growing threat to national and global security... All that and more in today's Green News Report!

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California Republicans know they can't win normal statewide elections. Hence, the attempted Recall election of progressive Democratic Gov. Gavin Newsom amid several crises that the GOP candidates hoping to replace him will make considerably worse. But now, voting system and cybersecurity experts tell The BradCast there is reason to be very concerned about the voting and tabulation systems used in some 60 percent of the state, following the recent theft and release on the Internet of Election Management System software, allegedly by a far-right County Clerk in Colorado during the MyPillow CEO's so-called "Cyber Symposium" last week in South Dakota. One of those experts joins us to explain the concerns, and what can be done about it, today. [Audio link to full show is posted at end of this summary.]

But, first up, the circus of some 46 candidates on the ballot hoping to become Governor of the nation's most populous state, if Newsom is removed by the first question on the Recall ballot, serves as a reminder that this special election, while seemingly ridiculous, is also potentially deadly for residents of the Golden State. Nonetheless, recent polling suggests that it is currently a dead heat as to whether Newsom will be removed and then replaced by someone likely to get little more than 20% of the vote on the ballot's second question about who should take his place.

In the middle of a debate between several GOP "front-runners" on Tuesday in Sacramento, one of the candidates, multi-millionaire John Cox (the guy who actually campaigns with a grizzly bear), got served in a Court process as he was introducing himself, as "ordered" by a San Diego Superior Court Judge finding that he owes about $100,000 to a contractor the Republican businessman failed to pay during his failed run against Newsom in 2018.

While neither of the top Republican or Democratic candidates on question two of the ballot were at the debate (Trump-loving, climate change denying, woman-hating Rightwing radio talk-show host Larry Elder and Democratic real-estate millionaire Kevin Paffrath), both of them oppose Newsom's mask and vaccination mandates. The BRAD BLOG's Ernie Canning, in a "Progressive's Guide to the California Recall" published today, explains why CA voters must vote "NO" on the Recall's first question, before he goes on to explain who he believes progressives should support on question two.

Sky-rocketing rates of infections, hospitalizations and deaths under GOP Governors like Florida's Ron DeSantis and Texas' Greg Abbott (who tested positive himself on Tuesday), should serve as another reminder of the importance of both elections and having Governors who do not place political ambition over science. Despite pleas to the contrary from health officials, both DeSantis and Abbott have issued edicts blocking local governments and school districts from instituting mask mandates, even as hospitals in both states are reaching or exceeding capacity, and children under 12 (unlike Abbott and DeSantis) are ineligible to become vaccinated. (Fortunately, President Biden reiterated today that the federal government will cover the salaries of school officials who chose to protect children, even if their paychecks are cut by the TX and FL Governors. And one school district in TX has come up with a very clever way of trying to get around Abbott's ban on mask mandates.)

Meanwhile, thanks to Newsom's various statewide mask and vaccine mandates here in California, infection, and death rates are all now coming back down once again.

Of course, facts such as these mean little to those pushing for the removal of Newsom, and many on the right have demonstrated of late that there is little they won't do in order to "win" an election. Thus, the theft and release of important voting system software by a far-right County Clerk in Mesa County, Colorado last week during Mike Lindell's "cyber symposium" (at which he didn't release the promised "absolute proof" that China stole the 2020 election from Trump), has a number of actual cybersecurity and voting system experts very concerned today.

We've been covering this story in detail over the past week, as both the national media and California media haven't covered it at all. But they should. Colorado media finally jumped in, a bit, this week after their Sec. of State on Monday announced that Mesa County Clerk Tina Peters --- who appeared on stage several times at Lindell's forum last week --- was behind the theft and copying of two hard drives at the Mesa County Election Division containing Dominion Voting's Election Management System (EMS) software.

Democratic CO Sec. of State Jenna Griswold's office, in a news release Monday night, explained how Peters pulled off the heist with two accomplices in the middle of the night back in May, before the software was released into the wild during last week's symposium. Since then, we have reported on this show about the concerns expressed by voting system and cybersecurity experts like Harri Hursti, who warns that the release of the critical software "lowers the barrier for attack planning and therefore increases the likelihood of future attacks." That, just after another top expert in the field, University of Michigan's J. Alex Halderman, filed a 50,000 word report in a long-running federal lawsuit in Georgia, which seeks to ban Dominion's unverifiable touchscreen voting systems. The report, which he says [PDF] details disturbing, newly discovered vulnerabilities in those systems, which reportedly could allow votes to be changed without detection, has now been sealed by the federal judge due to its sensitivity --- even from the plaintiffs and defendants in the case!

Dominion's vulnerable touchscreens are used in several large jurisdictions in California, even as the recall is now ongoing, including San Diego County, San Francisco and Riverside County. Their EMS software --- released to the Internet and downloaded by thousands just last week --- is used to tabulate votes, both hand-marked paper ballots and touchscreen votes, in every county where Dominion's systems are used. The software is used broadly in enough counties here that it could easily effect the computer-tallied results of the Recall election.

Another top expert who is worried about all of this joins us on today's program to explain why, and what can now be done about this serious security breach. University of California-Berkeley Professor PHILIP STARK is an expert witness in the Georgia case, the inventor of the post-election Risk-Limiting Audit protocol, and currently serves on the Board of Advisors of the U.S. Election Assistance Commission.

He joined Hursti this week in telling me that they were both dubious about vague claims from the CO Sec. of State's office that the U.S. Cyber Security and Infrastructure Security Agency (CISA) was not particularly concerned about the leak of the Dominion software.

"It is a serious risk," Stark makes clear today. "The best metaphor I've been able to come up with is, if I were trying to break into a bank, how helpful would it be to have blueprints of the bank and the bank vault? How helpful would it be for me to have an actual exact copy of the bank, completely at my disposal, to try different ways of breaking in and so forth? Not even a scale model, but literally the exact same thing, just in a different place. That's what having a copy of these disks amounts to."

"To the extent that these systems were not that secure in the first place, this doesn't make the systems more vulnerable. But it gives a would-be evil-doer lots of help and information to plan an attack, figure out what's going to work, which then can be conducted later by someone with less technical skill," Stark warns.

He explains that "these Election Management Systems are used, among other things, to configure the ballot marking devices" as well as "results from the precinct-based scanners" and the high-speed centralized scanners used to tabulate Vote-by-Mail ballots. "The release of the EMS code gives someone a blueprint for how to write malware to infect the ballot marking devices, etc., when they're configured using these systems."

We go on to discuss what can and should now be done by California in regards the ongoing Recall election (as well as other jurisdictions, with elections coming up in November, where Dominion systems are used in more than a dozen states) to ensure that results are accurately tabulated and reported, and can be known by the public, after the election, as such. His recommendations include the use of both hand-marked paper ballots and a far more robust post-election audit process than is currently mandated by CA state law.

Moreover, he cites a critical lesson that should be learned from Tina Peters, the Republican County Clerk in Mesa, CO who is alleged to have brought accomplices into the Elections Division in the middle of the night on May 23rd, and turned off the security cameras in order to steal the software and copy it for release into the wild. (She is now under criminal investigation and has been relieved of her duties by CO's Secretary Griswold.) "This is a very clear reminder that insider threats are real," observes Stark. "This is a wake-up call. It is very difficult to mitigate insider threats."

We are still waiting for a response from the CO Sec. of State's office, as to who they spoke with at CISA and what exactly that person said, given that the cybersecurity folks I've spoken with are quite dubious that the nation's top cybersecurity watchdog actually downplayed this voting system breach. Or, if they did, that they fully understood it. Meanwhile, CA's Sec. of State, to my knowledge, has said nothing about any of this publicly. But that may be because neither state nor national media --- other than us --- have bothered to connect the dots between California and these very serious concerns...

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Ya never know what you may unearth when you peek into the Memory Hole, including a bunch of stuff that should never have been hidden away there in the first place. Also, on today's BradCast, a few noteworthy updates on the Dominion Voting System software stolen from a Colorado County Clerk's office and released into the wilds via the Internet at last week's fraudulent "fraud" forum put on by MyPillow Guy Mike Lindell, and how that serious security breach might effect the ongoing California Recall election. [Audio link to full show is posted at bottom of this summary.]

So, a lot of stuff covered on today's show, including...

• Texas Gov. Greg Abbott has tested positive for COVID. That, after barring local governments and school districts in the Lone Star State from imposing mask mandates, even for children under 12 who, unlike Abbott, are not lucky enough to be able to get vaccinated.

• A news clipping from a 1912 New Zealand newspaper, which recently went viral 109 years later, warns about the burning of coal adding "tons of carbon dioxide to the atmosphere". The clipping, confirmed as genuine by both USA Today and Newsweek, warns that "This tends to make the air a more effective blanket for the earth and to raise its temperature." The scientifically prescient story goes on to accurately note that "the effect may be considerable in a few centuries." If only we'd listened in 1912.

• Similarly, if only we listened to the courageous Rep. Barbara Lee (D-CA) back in 2001, when she was the only member of Congress, Republican or Democratic in either the U.S. House or Senate, to vote against going to war in Afghanistan from the 9/11 attacks. As the Afghanistan conflict unwinds today, amid both chaos and uncertainty, we take a listen to the sage words from Lee on the floor of the House, just three days after the U.S. was attacked 20 years ago next month.

• As the Taliban returns itself to power in Afghanistan, following 20 years of U.S. occupation and our failed attempt to prop up a democratic, Western-style government, the far-right radical Islamic group which shielded al-Qaeda after 9/11 claims to have become much more moderate in the interim. A Taliban spokesman today told media in Kabul they will respect the rights of women and girls to work and go to school, and will not seek retribution against those who supported the U.S. and its allies or the failed government we tried to create there. But, as we discuss, there is very little reason to trust their new P.R. blitz.

• We also discuss the hand-wringing D.C. punditry which seems to be falling over itself to declare Joe Biden's Presidency a disaster, after the chaos at the Kabul airport yesterday, following the Taliban takeover of Afghanistan. As Nicole Wallace (yes, we note the irony of her old job as George W. Bush's Comms Director during both the Afghanistan and Iraq wars) noted on MSNBC yesterday, "95% of the American people will agree with everything" Joe Biden said in his remarks on Afghanistan at the White House on Monday, while "95% of the press covering this White House will disagree." She goes on to highlight, as does TPM's Josh Marshall today, how out of sync with the public the D.C. media class is on this point, even after the events of the past few days, as Biden stands by his decision to pull America out of its longest war once and for all.

• Then, some important new news in the story that, until yesterday, only The BradCast and The BRAD BLOG, by and large, had been reporting on at all. Namely, the theft and copying of hard drives containing Dominion Voting's Election Management System (EMS) software, as now allegedly stolen from the office of Mesa County, Colorado County Clerk Tina Peters. The Dominion EMS is the central control system for creating and counting ballots in jurisdictions which use the company's voting and tabulation systems, including nearly 60% of California counties, where we have an ongoing Gubernatorial Recall election right now, which could be adversely effected by what top cybersecurity and voting system experts have described to me as a very serious security breach.

  After nearly a week of reporting on this story, almost exclusively, following the release of the software during MyPillow CEO Mike Lindell's failed MAGA "Cyber Symposium" in South Dakota last week, where Tina Peters appeared on stage several times, others are now jumping in. That, as CO's Democratic Sec. of State Jenna Griswold finally issued a news release Monday on the apparent theft. Griswold's office cites Peters and two others as having snuck into the Mesa County Election Division office late at night in May to make image copies of two hard drives containing the software. A criminal investigation by the state's Republican Attorney General is now reportedly under way, but Griswold states that Peters has now been removed from her elected post as Clerk, and will be replaced by appointment of the Secretary, after security cameras were also reportedly turned off in the office to hide the alleged crime. The voting and tabulation hardware and software in Mesa will also now all need to be replaced at considerable cost to taxpayers.

  The news release from the SoS office also references a vaguely worded assessment of some sort on this matter, said to be from the U.S. Cyber Security and Infrastructure Security Agency (CISA), a division of the Department of Homeland Security. The release claims that "CISA has confirmed that it does not view this breach as a significant heightening of the election risk landscape at this point."

  But an election official in Colorado and, perhaps more notably, several of the nation's top cybersecurity and voting system experts, including the legendary Harri Hursti and UC Berkley's Philip Stark, have told me they are dubious about the CO SoS' statement on this point and the apparent dismissal of concern by CISA. Hursti notes the lack of named attribution for the DHS/CISA assessment, lack of a direct quote from any official at CISA, and no similar or supporting statement released directly by CISA itself. Moreover, as one CO election official told me, the phrase "at this point" in the reference attributed to CISA is likely doing quite a bit of heavy lifting there.

  We've sought additional comment, clarification and/or attribution for the curious CISA assessment from Griswold's office. We've yet to receive a response. We expect to cover this issue in more detail on our next BradCast, including said response, if received by then. Despite the downplaying of concerns from "CISA" and the CO SoS, we have reason to remain concerned about this breach, amid CA's ongoing Recall election.

• Finally, Desi Doyen joins us for our latest Green News Report, as a tropical storm compounds Haiti's deadly weekend earthquake disaster; July shatters all-time heat records on Planet Earth; and the federal government declares a water shortage on the Colorado River for the very first time, resulting in serious implications for water supplies to both Arizona and Nevada amid the ongoing mega-drought in Western states...

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