We had a bunch of excellent callers on today's BradCast. It sounds like many of them heard my warning today. Hopefully you will too. [Audio link to full show is posted below this summary.]

But, first up, on our first show after taking several much-need days off last week, we catch up with just a few of the most noteworthy items from what turned out to be another very busy news week. Among those items...

• the Independence Day mass shooting in IL;
• the popular and political uprisings resulting in agreements by both British Prime Minister Boris Johnson as well as Sri Lanka's Prime Minister and President to resign;
• the horrific assassination of Japan's longest-serving Prime Minister Shinzo Abe (in a nation where just one person, out of population of 125 million, was killed by a gun in 2021);
• the excellent jobs and unemployment numbers released by the Labor Department last Friday (and, as usual, ignored by the bulk of the corporate media due to everything else);
• the good news that Rudy Giuliani, Sen. Lindsey Graham and 5 others who served as attorneys for Donald Trump in 2020 have now been subpoenaed to testify by the Special Grand Jury in Atlanta, convened by Fulton County District Attorney Fani Willis, in her criminal investigation of the disgraced former President's attempt to steal Georgia's election in 2020.
• All of that in advance of another public hearing to be held on Tuesday by the bipartisan U.S. House Select Committee probing the Jan. 6 insurrection and Trump's multiple failed attempts to steal the election from Joe Biden and the American voters.

Then, its back to the issue that I haven't been able to get out of my head since we previously WARNED about it on our last show before taking a break. Specifically, the corrupt, extremist, illegitimate U.S. Supreme Court's announcement that they intend to hear Moore v. Harper next term, in a case that will give the stolen and packed far-right Court majority the opportunity to undermine American electoral democracy as we know it. That is not an overstatement.

If you thought what the Supremes did at the end of this past term --- ignoring the text of the Second Amendment in order to block states' rights to well-regulate firearms; stripping away previously protected Constitutional privacy rights and reproductive freedoms to overturn Roe v. Wade; all but ending Constitutionally-required Miranda Rights for those detained by law enforcement; further eroding what's left of our Constitutional separation between Church and State; and gutting the ability of the EPA to regulate carbon emissions driving our deadly climate crisis, as mandated by Congress --- well, you ain't seen nothin' yet.

As explained, SCOTUS is now set to undermine any and all elections laws for federal elections enacted by state Boards of Elections, Secretaries of States, Governors, state constitutions, state Supreme Courts or even ballot initiatives adopted by voters themselves. The corrupt Republican Court is likely to do this by declaring that Article II, Section 1 of the Constitution mandates that state legislatures --- and only state legislatures --- may determine laws regarding the "manner" of federal elections. Specifically of note in 2024, the way each state appoints Electoral College votes, as the Constitution says, "in such Manner as the Legislature therefore may direct".

In other words, in 2020, while most swing-states had rules, laws and state Constitutional mandates in place declaring that voters shall determine who will win the state's Electoral votes, an opinion by the Court, likely to come as early as 2023 in Moore v. Harper, will free up the gerrymandered GOP-controlled state legislatures in our nation's half a dozen or so swing-states to name anybody they like as the winner of their Electoral College votes, no matter what the Governor, state Courts or, crucially, the voters of those states have to say about it.

It's called the "Independent State Legislature" theory (or doctrine, as the GOP autocrats supporting it describe it.) As we noted in our last show on this, this is not a drill. This is very real, and now even very likely to happen.

While we were away, our friend and colleague Thom Hartmann posted a chilling Twitter thread on the ISL theory/doctrine, detailing just one potential scenario --- which includes thousands of dead bodies in the streets --- which he describes as not "just plausible" but now "probable".

We agree. Thus, we explain the importance of electing Democratic majorities in 2022 in both the U.S. House and Senate as our only hope of defeating this "probable" scenario. If 52 Democrats can be elected in the Senate and the Party is able to hold the House (both tall lifts), then the possibility of filibuster reform in the upper chamber and the expansion of the Supreme Court in order to unpack and uncorrupt it becomes a reality.

As discussed on today's show, the luxury of pretending that "both parties are equally bad" is over, as I see it. And not because I give a damn about protecting Democrats, but because I believe we must protect --- indeed, SAVE --- democracy itself at this point.

Anyway, please tune in for a very lively, if occasionally chilling hour, along with some really great calls from listeners on all of this in the second half...

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Justice isn't gonna demand itself, apparently. So we're happy (if that's the right word here) to continue doing it ourselves on today's BradCast, along with a bit of help from an actual, longtime homicide prosecutor. [Audio link to today's full show is posted below this summary.]

But, first up, the mess the perps have left us with. New COVID cases are on the rise again across much of the country in recent weeks, even as the death rate is falling. But deaths tend to lag infections, which has officials concerned as we head into the holiday season once again. We take the opportunity to catch up on where the nation is in that regard, with recommendations for all to get booster shots as soon as feasible, and fresh, empirical, conclusive evidence that masking up is still the best non-pharmaceutical defense against the disease for both the vaccinated and unvaccinated alike.

In slightly brighter news, of a sort, Oklahoma's Republican Governor actually did the right thing on Thursday, if only at the last minute, by granting clemency to 41-year old Julius Jones who had been scheduled to be killed by state the today for a crime that occurred more than 20 years ago. Just hours before he was to be put to death, Gov. Kevin Stitt converted his sentence to life in prison for a murder that Jones has insisted he had nothing to do with. His case gained notoriety following a three-part documentary produced by Oscar-winning actress Viola Davis that aired on ABC in 2018. The clemency was also appropriate after the state had paused its capitol punishments following horrifically flawed executions by lethal injection in 2014 and 2015. After restarting them last month, a 60-year old prisoner convulsed and vomited as he was killed.

But speaking of murder by the government, a week or two ago on The BradCast we were joined by our friend, author and progressive talk show host Thom Hartmann, to discuss his case for mass second degree murder against Donald Trump for what he described as the disgraced former President's purposeful mishandling of the COVID pandemic in 2020. Thom's case is largely predicated on evidence revealing that, after initially taking the coronavirus seriously, the Administration changed course once they came to believe the disease was far more fatal against minorities who lived in blue states --- in other words, those who were unlikely to vote for him last year anyway.

Since we spoke with Hartmann, there has been additional damning evidence unearthed against the Trump Administration's COVID response, released by the U.S. House Select Subcommittee on the Coronavirus Crisis, based on testimony from a number of both current and former Administration public health officials. The new information from those officials includes testimony, for example, from then White House COVID Task Force coordinator Dr. Deborah Birx, who reportedly believes that at least 130,000 lives could have been saved, had the the Administration taken appropriate action. Other officials have reportedly detailed how the White House blocked the CDC from sharing health guidance with the public while officials were even instructed to delete emails regarding directives on the pandemic response.

One of the maddening questions that arose during our discussion with Hartmann was why it seemed to be falling to a couple of radio hosts to even be building this public, legal case of accountability for mass murder by Trump in the first place. Where were the state prosecutors? Where was the Dept. of Justice and Attorney General Merrick Garland? Were we completely off-base in even suggesting criminal liability for mass homicide by a former President? That, as Hartmann conceded that he was, by and large, taking his best guess, as a layman, at whether charges for homicide by Trump should consist of first or second degree murder or something else entirely.

I heard from a number of folks after that program with thoughts on our conversation, including from several attorneys, two of whom had somewhat differing views on Trump's criminal liability. One suggested that, indeed, second degree murder charges seemed to fit the crime, while another felt that Trump had no direct culpability in the deaths of hundreds of thousands of Americans. Or, at least, that it would likely be very difficult to prove any such culpability. We share the thoughts from both today.

We also heard from others who noted there was, in fact, someone else making a public case to bring homicide charges against Trump for some time. Specifically, we were pointed to longtime Washington D.C. homicide prosecutor, Glenn Kirschner, who now has his own podcast called Justice Matters. Kirschner spent some thirty years prosecuting murder cases, eventually becoming D.C.'s chief homicide prosecutor. On today's program, we share a clip from a podcast he released last December, shortly after revelations that the Administration had largely given up on trying to stop the spread of COVID and were, in fact, hoping that it would spread widely in order to eventually achieve herd immunity. That, even as infectious disease experts believed at the time that reaching herd immunity would take years and, literally, millions of American deaths before enough of the population would have enough immunity to halt the spread.

At the time, Kirschner used his podcast to explain what he saw as a clear cut case of what he described as "criminally negligent" or "criminally reckless homicide" (noting that the crime has different names in various jurisdictions). He explained how both Trump and Vice-President Mike Pence, who headed up the White House Coronavirus Task Force at the time, were "criminally responsible for needless coronavirus deaths" by the end of last year and the deaths of some 350,000 Americans at that point.

In his December 2020 podcast, Kirschner shared his belief, as a former prosecutor, that both Trump and Pence met the tests for such charges. Today, we continue to ask if any current prosecutors --- whether at the state or federal level --- are actually working to build such a case. And if not, why not?

Finally, we're joined by Desi Doyen for our last Green News Report before next week's Thanksgiving holiday. (We'll be taking the week off in desperate need of recharging our batteries and making up for family time lost during the worst of the pandemic last year.) Among the stories covered on today's GNR: disastrous extreme flooding in the Pacific Northwest on the heels of disastrous and deadly extreme heat in the same region just months ago; the Administration's controversial court-ordered oil and gas lease sale in the Gulf of Mexico; and President Biden's trip to Detroit to this week to promote both his new infrastructure plan and new, American-made electric vehicles...

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On today's BradCast: It shouldn't take a couple of talk radio guys to figure this out. But that, apparently, is where we are when it comes to demands for legal accountability in this country...at least in regard to the case of mass murder by Donald Trump. [Audio link to full show is posted below this summary.]

On last Friday's BradCast we spoke with Free Speech for People (FSFP) co-founder and president John Bonifaz, a Constitutional law and accountability expert, about his nonpartisan nonprofit's new campaign calling on Attorney General Merrick Garland to resign. The group is making their demand, despite respect for Garland's years of service as a prosecutor and federal judge, due to his failure to bring any accountability for anybody in the Trump Administration after eight months as President Biden's AG. That, despite a mountain of clear and well documented crimes carried out by the former President himself both before and during his term in office.

While Bonifaz detailed a litany of apparent crimes by Trump and his cronies for which no one has been held criminally accountable, there was one major crime that FSFP didn't raise, but that I mentioned quite a bit last year in the closing months of the Trump Administration during the worst of the pandemic. Namely, the need to hold Trump criminally accountable for the hundreds of thousands of unnecessary deaths in the U.S. from COVID that occurred during his Administration's attempt to pretend the pandemic away in hopes that it would somehow help him win a second term of office.

Last week, our friend, author and longtime progressive talk radio host THOM HARTMANN wrote a piece for his Hartmann Report newsletter, attempting to begin building a case against Trump for what he described as "negligent homicide at best and intentional murder at worst."

Hartmann joins us on the program today to explain his persuasive and well-documented argument that Trump and his Administration are, in fact, guilty of mass murder. He breaks down how Team Trump had taken the pandemic seriously in its first four months or so, until one day in April when an article in the New York Times reported that, other than the elderly, it was, in fact, Black and Hispanic Americans who were dying at the highest rate from the disease, and largely in "blue states" at the time. As if on a dime, as Hartmann details, the Administration seems to have made the calculation that if minorities were dying in "blue" states, it was time to move on from the COVID pandemic and demand the country re-open for business again...just months before the 2020 election. That about face happened in lockstep with rightwing outlets like Fox "News", the U.S. Chamber of Commerce, the Koch Network's Freedomworks, etc., all seemingly within days if not hours of each other.

We also discuss the seemingly astonishing point that, really, none of the great legal minds in this nation seem to have yet made a similar public case for this. Is there a reason for that? Has Hartmann, who concedes he is not an attorney, got something wrong in his argument? If so, nobody has explained as much since he first published his case last week.

"Why am I making this case instead of some former attorney general?," Hartmann asks today. "To the best of my knowledge, nobody has punched a hole in it. Nobody has contradicted it. It's just a matter of a lack of political will. There are so many Democrats right now who are so timid. They don't want to piss off the Proud Boys. They don't want to piss off the GOP. Forget about that! Do what's right. This guy killed a bunch of people and he did it for political purposes, and he should be held accountable."

But, if an case for mass murder was to be filed against Trump, who would be the one to do it? It's unclear whether there are federal laws for murder that would suffice and, in any event, we've learned Garland --- who Hartmann describes as "a longstanding member of the Republican Party" --- is unlikely to do so. How about prosecutors at the state level, all of which have lost countless thousands of residents due to Trump's purposeful negligence? How about another Select Committee in Congress? How about the International Court of Justice?

Hartmann suggests keeping an eye on what is happening Brazil, where a case is apparently being built in the Senate against its President, Jair Bolsonaro, for the exact same thing in the only other large nation that seems to rival the U.S. for COVID deaths under leaders who tried --- and failed --- to pretend it all away.

We also briefly discuss the newest book in Thom's "Hidden History" series, The Hidden History of American Healthcare: Why Sickness Bankrupts You and Makes Others Insanely Rich --- where history appears to offer some haunting echoes for Trump's reasons for failing to deal with COVID once he decided that only minorities, the poor (and folks who tend to vote Democratic) were most adversely affected by it.

Finally --- after a bit of breaking news on six new subpoenas for top Trump advisors, issued today by the U.S. House Select Committee examining the January 6th insurrection --- we open up the phones to some excellent callers on Hartmann's case against Trump, the calls for Garland to resign, and a bit more madness (in the form of attempted disinformation from one caller regarding DoJ's position on family separation at the border under Trump and on the rising menace of violent threats against school officials responding to COVID. It didn't go particularly well for that caller. )

It was a "fun" show. I hope you'll tune in!...

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I'm already on the road for the holidays this week, but pulled over long enough for a quick appearance on Thom Hartmann's radio show to update a couple of the late-contested results from the November 4th elections, including Maine's amazing "phantom ballots" mystery and Oregon's GMO labeling Measure 92 "recount"...

(Thanks to Thom for the kind words after I hung up.)

P.S. Without a proper break over the summer this year, and then continuing non-stop since the elections, I must say I'm not nearly an accomplished enough writer to properly describe how fried I am right about now.

As mentioned, I'm on the road and will continue to be until after the New Year. I need to complete some deadlines for articles elsewhere, knock out a few radio shows, and figure out how The BRAD BLOG can survive as we move forward into our 12th(!) year in January. But between now and then, I'm going to try to force myself to take some down time, at least from blogging, if possible, for a few weeks. We'll see if I'm successful. I'm usually not. (I suspect I may, at the very least, be popping up on Twitter. So be sure to follow both @TheBradBlog and @GreenNewsReport there in the meantime if you're not already.)

So, while there may be a few things rolling here, if things are quieter than usual for a while, all of that would be why...

It's investigative Election Integrity muckraking in East Coast/West Coast stereo!

My thanks to Thom for inviting me for this week's longer-than-usual panel conversation on his Big Picture TV show, and to Palast for being the inimitably indefatigable Greg Palast!

Lively discussion includes everything from the secret GOP Crosscheck program to Greg's assertion that it cost Democrats several key U.S. Senate races to the U.S. now ranked 26th in electoral integrity among world democracies (last among Western nations) to the Republicans' long hard fight to return to Jim Crowism in TX and beyond...

[Thanks to Palast's office for stitching both segments together in one easy-to-watch clip! I've replaced the original embed with that version above.]

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On thousands of "missing" votes in Wisconsin, on Nate Silver and polls vs. "results", on "True the Vote" clowns, and on much more...all on Thom Hartmann's Big Picture last night...

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The Politicus USA headline typified MSM coverage of what Brad Friedman often refers to as the "horse race" --- "Democrats Surge As Michelle Nunn Leads Georgia Senate Race In Third Straight Poll."

For The BRAD BLOG, and for a good many election integrity advocates and computer scientists, that narrow focus ignores "the track conditions," which, in Georgia entails the continued use of touchscreen voting systems courtesy of a 2009 determination by the Georgia Supreme Court that "unverifiable elections are just fine."

Where horse race coverage focuses exclusively on the here and now, this site feels it helpful to look back a dozen years to what took place in Georgia shortly after Democratic Secretary of State Cathy Cox signed a May 2002 contract with what was then known as Diebold Election Systems Inc....

It occurred to me on the way over to the studio on Monday, when I was worried I might be running late, that if I didn't make it, Thom could just re-run the almost identical conversations we've had about virtually the same damn thing from back in 2012 or back in 2010 or back in 2008 or back in 2006, etc...

For much more on the above, please see these stories from Friday:

• "E-Votes Flip D to R in Texas, R to D in Illinois: More Trouble With Touch-Screens (2014 Edition)"
• "Touch-Screen Votes Flip 'No' to 'Yes' on Abortion Amendment to State Constitution in TN"

...and whatever other similar stories we may have to run between now and Election Day next Tuesday.

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Last night on Thom Hartmann's Big Picture TV show...

If you missed either of the stories mentioned above at The BRAD BLOG, our coverage of the U.S. Supreme Court allowing GOP voting restrictions to move forward in OH is here, and our disturbing coverage of longtime GOP operative Nathan Sproul's threat to take legal action against us for reporting accurately on his involvement in the 2012 GOP Voter Registration Scandal (and other similar scandals going back to 2004) is here.

And, again, we totally thank you in advance for any financial support you can offer to help us keep going. Monthly subscriptions are particularly appreciated. We did not receive $10 million from the Republican Party (or any party) as Sproul has over the past decade. You are our only support. Please take 30 seconds to use the table below to help us continue our work. We need your support now more than ever...

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I was on Thom Hartmann's Big Picture TV show on Friday, to discuss the week's landmark decision by a federal court in Wisconsin which struck down the state's Republican-enacted polling place Photo ID restriction law as a violation of both the Constitution and the Voting Rights Act and the fact that the decision, as our own Ernie Canning explained, may finally signal the "beginning of the end" for such purposely discriminatory laws.

(And thanks to my friend Mike Papantonio of Ring of Fire, who was guest hosting for Thom on Friday, for the very kind words!)...

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

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Here's the statement from Alabama's former Governor Don Siegelman (D), now a political prisoner being held in a federal correctional institution in Louisiana, that we obtained and published last week, as discussed in my conversation above on Thom Hartmann's Big Picture this week.

If you're looking for Tom DeLay and Karl Rove, they're still on the lam, fugitives from justice, as Siegelman serves out 6.5 years for something that was never considered a crime before in the history of this nation.

Oh, and I do love this graphic that Thom's folks used at the top of our segment...

Sign the petition asking President Obama for a pardon for Siegelman right here...

UPDATE 10/5/13: I was also on Hartmann's radio show the day before the TV show appearance seen above. We talk about largely the same things, though with a few additional details here and there, such as more info on Siegelman's 2002 "stolen" re-election. Thom's radio show is also video taped (and played live on Free Speech TV and elsewhere). The video segment of my radio appearance with him follows below...

Note 1: Pardon the herky-jerky Skype web cam video.

Note 2: The BRAD BLOG article about Eric Holder that I believe my friend Mike Papantonio cited during our conversation, was actually written by our legal analyst Ernest Canning. But, of course, I'm proud to stand behind it 100%! Just wanted to give credit where due.

Note 2a: There are several different issues currently in court between TX and the DoJ, and they get a bit conflated during my conversation with Pap. One issue is the filing by the DoJ asking the court to order that the state of Texas be added, or "bailed in", to the list of jurisdictions requiring federal preclearance for all new voting-related laws, given their history of purposeful discrimination with such laws. The current list of jurisdictions is now empty, since the U.S. Supreme Court killed the Voting Rights Act formula used to determine who should be on that list. The other TX/DoJ case we discuss is the DoJ's suit to block the TX GOP's disenfranchising polling place Photo ID restriction. That law, though it was found discriminatory in 2012 by both the DoJ and a federal court, was re-enacted by TX immediately after SCOTUS gutted the VRA. The DoJ, and other parties, are now suing to block it under the still-existing Section 2 of the VRA, as well as on Constitutional grounds. (We hope to have more details on the lawsuits against the TX GOP's polling place Photo ID restriction law soon. And, I'll add, our coverage should offer some pretty encouraging news for voting rights advocates who, unlike Ernest Canning, may not have dug into all the legal details and already-established facts of the case. --- UPDATE: That article is now here, and offers some very encouraging news indeed about the likelihood that the TX Photo ID law is already doomed in court!)

Note 3: Enjoy!

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Oh, that's right. I forgot. When you call in to the Thom Hartmann Program on radio-- as I happened to last week, after Republican "Swiftboat Vets" disinformationist Jerome Corsi was on the show, claiming not to know that in his very own book, he claimed Obama's 2012 election was stolen by a secret army of illegal voters (or something) --- you end up "on TV" --- because Thom's radio show is also simulcast on FreeSpeechTV.

Next thing you know, Thom posts that video of your call-in on YouTube, and then our own not-frequent-enough guest blogger D.R. Tucker, who notices everything, happens to notice it, and then he tweets it.

Then, of course, you end up on The BRAD BLOG...

MORAL: Don't end up on The BRAD BLOG...don't call Thom Hartmann "radio" show...