Millions are voting around the country on Tuesday. Governors, Mayors, school boards and various initiatives are on the ballot (along with a couple of Special U.S. House elections) in a whole bunch of states in this year's off-year elections. Full results, such as we might have them, on tomorrow's BradCast. But for today, as voters vote (or try to), elected officials were making some pretty big and important and long-overdue deals today, from D.C. to Glasgow. [Audio link to full show is posted below this summary.]

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

• The extreme partisan gerrymandering in states controlled by Republicans continues apace, with Oklahoma the latest to propose cracking a major Dem stronghold into three pieces in order to squeeze out another GOP House member for the next decade in the already very "red" state. All of that made much easier in states that, prior to the 2020 Census, had to win approval for new maps from the federal Government under the Voting Rights Act. The GOP's stolen and packed U.S. Supreme Court majority has helpfully done away with that little annoyance in advance of 2022 and 2024.

• Thanks to lighter off-year election turnout and measures enacted before and during the pandemic to make early and remote access to the ballot box easier, we're not hearing about too many voting problems today so far...except for in New Jersey, where electronic pollbooks reportedly failed across the state for several hours when polls opened. Unclear if there were backup paper pollbooks available, but as one outlet reported: "When the Internet would go down, the machines would crash."

• For the second year in a row --- and the third time in history (the first time was in 2005) --- the National Weather Service has once again run through all of the names in the alphabet for named Atlantic storms. With the naming of Subtropical Storm Wanda over the weekend, we are turning to the supplemental name set, which is starting over from "A" this year. Unlike last year, they won't be using letters from the Greek alphabet which seems to have confused a whole bunch of us. But the increasing number of storms is the real worry, despite absurd, years-ago-debunked climate change denialist talking points still coming out from the fossil fuel-sponsored Republicans in Congress.

• With the critical U.N. Climate Summit (COP26) in Glasgow, Scotland now officially underway, President Biden officially apologized to the world for Donald Trump pulling the U.S. out of the Paris Climate agreement, during his four disastrous years as President. (The U.S. was the only country, out of about 200 across the world, to withdraw from the pact.) Now that we're back in, two fairly big agreements were struck in the conference's opening days. One to stop and reverse deforestation and another to cut climate warming methane emissions by 30% by 2030. The first was signed on to by more than 100 countries, including the U.S., UK, China, Russia and Brazil. The second did not yet win the support of China or Russia, but the others, including Brazil, seem to be in. The agreements are pretty big deals, as Desi Doyen explains today --- even if there is much more work that must be done at this two week summit.

• Speaking of big deals, apparently another big one was struck in the U.S. Senate between Kyrsten Sinema (AZ) and all of the other Democrats to lower prescription drug prices in Biden's Build Back Better bill. The details are still not fully known, but the agreement will allow "lower prescription drug prices for seniors and families," according to Senate Majority Leader Chuck Schumer. The seemingly interminable negotiations continue on the BBB, but that news from Sinema and some encouraging remarks today from the other Democratic obstructionist, Joe Manchin (WV) are hopeful signs today, as Mitch McConnell makes clear that he is rooting for Sinema and Manchin to gut the (currently) $1.75 trillion social safety net and climate change legislation.

• After anti-vax alarmists had warned for weeks that as many as 10,000 cops would be lost from the NYPD once Mayor Bill deBlasio's vaccine mandate kicked in on November 1, it turns out the number of uniformed police placed on unpaid leave was much smaller. As of Monday, the number was 34, or 0.15 percent of NYPD employees. Over the past week, NYPD's vaccination rate jump 15 points to 85 percent. As evidence from other states and industries reveals, mandates work.

• Finally, we're joined by Desi Doyen for our latest Green News Report as host UK's Prime Minister Boris Johnson opens COP26 with a dramatic flair; as the U.S. House calls Big Oil on the carpet for decades of climate lies; and as the corrupted U.S. Supreme Court agrees to review a case that could dismantle the EPA's authority to regulate dangerous greenhouse gas emissions...

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The through-line for today's BradCast comes courtesy of Meathead. Actor and director Rob Reiner was arguing, via Twitter over the weekend, that "until Donald Trump is prosecuted for leading a deadly Insurrection to overthrow the Government and Voting Rights are passed," we are witnessing the death of Democracy.

He was much more correct than he may have realized. But the stories we cover today --- only half of those we had hoped to get today, and none of which directly covered the two issues Reiner was referring to --- underscore that theme. If it's not immediately obvious, tune into today's show to find out how.

Among the stories covered, discussed, explained, warned about, expounded and ranted upon on today's program (along with listener calls throughout)...

• Election Day is Tuesday in states across the country. As discussed last week, democracy itself is on the ballot in New York state. But most attention on Tuesday has been going to Virginia, where Trump-endorsed Gubernatorial candidate Glenn Youngkin has now taken a lead in FiveThirtyEight's pre-election polling average over VA's former Democratic Governor Terry McAuliffe. We explain why history is on Youngkin's side. Perhaps by Wednesday we'll find out if the voters in Virginia are as well, as democracy is not yet dead (hopefully) in some pockets of the nation.

• In Florida, a simply remarkable and, yes, chilling story. The University of Florida has barred three professors --- each one an expert in democracy and voting rights (two of whom have appeared on The BradCast multiple times over the years) --- from testifying as expert witnesses for the plaintiffs in a challenge to the state's new voter suppression law passed earlier this year. The measure, signed on Fox "News" by Republican Gov. Ron DeSantis, surrounded by Trump supporters and with local media locked out entirely, restricts the use of drop-boxes for absentee ballots, while making it more difficult to obtain Vote-by-Mail ballots and harder to register to vote, among other democracy killing provisions. The university (whose Board of Trustees is headed up by a close DeSantis confidante and major GOP donor) claims that testifying against a state law would represent a conflict of interest for UF. That's an idea that is unheard of, frankly, and would prevent experts in their fields from being able to testify on their expertise in states in which they live and work. The same profs were never prevented from doing so in the past and experts on academic freedom describe this novel notion as unprecedented. A lawsuit seeking the review of documents from DeSantis on this matter, to determine his involvement in the University's decision, was filed on Friday.

• At the U.S. Supreme Court on Monday, the new "unprecedented" anti-abortion law in Texas, barring the otherwise Constitutionally protected medical procedure after just six weeks of pregnancy, before many women even known they are pregnant, was heard on SCOTUS' rocket docket just two months after they'd allowed it to take effect in the Lone Star State. The matter in question is whether a case filed by abortion providers in the state and another by the U.S. Department of Justice should be allowed to proceed, despite the virtually unquestioned matter of the new state law, S.B. 8, violating Roe v. Wade. The reason the question even arises is because Texas purposely structured the law in a way that hopes to side-step any and all judicial review of the law. That is done by the statute empowering members of the public with a right to file a civil lawsuit against anyone who, in any way, aids a woman in receiving an abortion after six weeks. Under S.B. 8, plaintiffs may even sue an Uber driver who brought a woman to a clinic, for at least $10,000, and the State argues that because they are not enforcing the law, members of the public are doing so, the law cannot be challenged in either federal or state court.

  But even far-right Republican Justice Brett Kavanaugh (and, of course, Justices Sonia Sotomayor and Elena Kagan) was able to put two and two together during today's hearing to realize that if this type of law is allowed to go forward, states could adopt laws that effectively outlawed many other long-settled Constitutional rights, and avoid judicial oversight in the bargain. So, yes, California could adopt a law similar to S.B. 8 that makes owning a gun a civil violation for which anyone in the public could sue a gun owner for, say, a million dollars. Are the Justices on the High Court --- who allowed this law to take effect two months ago, ending almost all abortions for now in TX --- sure they want the nation to go down this path?

• One of the other several stories we quickly covered of democracy dying today, referenced the newly gerrymandered maps for the four U.S. House seats in Iowa. Last week, after Republicans rejected a new map that would have split the state into two districts that voted for Biden last year and two that voted for Trump, they instead approved a second version of a map in which Trump won all four districts. One expert in redistricting describes the new maps as "a dream Republican map." Yes. That is yet another way in which democracy dies...unless we fight like hell to prevent it from doing so.

• Oh, and back in Texas, the book burning appears to be beginning, thanks to Republican Gov. Greg Abbott and his new letter to the Texas Association of School Boards [PDF] to remove hundreds of books from public schools that are seen as anti-racism or pro-sex-ed and LGBTQ issues. Pretty sure this sorta of thing never ends well for democracies...

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Rogue Republicans and rogue Democrats on today's BradCast. [Audio link to full show is posted below this summary.]

First up, the rogue --- and really dumb --- Republican in Michigan's Adams Township. The Township Clerk there, Stephanie Scott, was elected last November and is certain that the election must have been fraudulent, even though she won and Trump was certified as defeating Joe Biden in the County by 48 points. (That's more than Trump won by in 2016!) Scott was a QAnon loon before the 2020 election and even more so since then. This week, she was removed by the State Elections Bureau from her job and replaced, for now, by the Republican County Clerk in Hillsdale County (home of Adams Township), who discovered on Tuesday that the Township's tabulation computer, the "brains" of the whole system, is now missing in advance of next week's local elections.

Michigan State Police are said to have launched a criminal investigation, and Scott seems to admit to a Michigan news outlet that she stole it, claiming that the vendor, Hart Intercivic, was coming in to perform routine maintenance that was actually a secret scheme to delete all of the evidence of fraud on behalf Joe Biden in the 2020 election. Or something. The Township votes on hand-marked paper ballots. So if the new Clerk had any actual concerns about whether the computer accurately tabulated results last year, she might have tried hand-counting those paper ballots to find out. The population of the entire Township is only about 2,500 people. But apparently Scott is not particularly bright, despite all of her QAnon "research".

We unpack the entire insane incident, which echoes one from a few months back, where the Republican County Clerk in Mesa County, Colorado also had to be replaced by the Sec. of State after she brought two people with her into the secure area where voting systems are stored in the middle of the night, turned off the security cameras, made full, unlawful copies of the hard drives of the Dominion Voting System's Election Management software and then released it to the Internet during MyPillow CEO and failed conspiracy theorist Mike Lindell's so-called "cyber symposium" in South Dakota. The unlawful release wreaked havoc and a call for "emergency action" before California 's Gubernatorial Recall election just weeks later. The Mesa County Clerk is also facing a criminal investigation because, ya know, they're all "law and order conservatives" who think it's just fine to steal voting systems and software when they feel like it.

Of course, there are very real concerns about vulnerabilities in such voting systems, though zero known evidence to date that any of them were used to steal any election last year. But these lamebrains don't seem to have a clue what the vulnerabilities actually are or what to legally do about them, even though many of us real Election Integrity advocates have been showing them how to do exactly that for nearly 20 years.

As to the Democratic rogues in our stories today, we're joined again by the great HEATHER DIGBY PARTON of Salon and Hulaballoo to talk about Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) and if their real game is actually to undermine the entire Biden agenda by weakening, stalling and then ultimately just killing the Build Back Better bill.

The pair have already succeeded in gutting a number of the most popular key provisions of the bill favored by progressive and centrist Dems alike, and even by Republican voters (if not members of Congress). Though there are a boatload of critical, long-overdue and progressive programs still left in what the White House described as the bill's new "framework" [PDF] on Thursday. But do Manchin and Sinema intend to let even that much go through to full passage? Or are they playing a different game entirely? We discuss it all with Digby today.

We also discuss the painfully disinformed, so-called "progressives" out in the Twittersphere and beyond who are actually either gullible enough or disinformed enough to believe that Biden and Pelosi and Progressive Caucus Chair Pramila Jayapal --- not to mentioned Bernie Sanders and Alexandria Ocasio-Cortez(!) --- have all been coopted by "corporatists" (or something) to undermine Biden's own agenda and the bill that the entire Democratic caucus, save for Manchin and Sinema, would have approved months ago when it was twice the size in dollars.

The corporate media also come in for criticism again today, for their failure to accurately inform the American people of the wildly popular provisions that were and still are in the still-transformative Biden agenda (even as Democrats themselves share some of that blame). Instead, the media have turned the negotiations over Build Back Better into a misleading game of (paid for) spending numbers and a "showdown" between "progressives" and "centrists". In fact, it's always been a no-choice effort by Congressional and White House Dems to win the must-have votes of Manchin and Sinema --- ("The Diva Twins" as Parton calls them) --- who have opposed many of the bill's most popular programs in a 50/50 Senate.

Lots to discuss here with Parton today, as usual. Please tune in!...

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It's Election Day in America once again next Tuesday, whether you've noticed or not. In New York, democracy itself is on the ballot, even as longtime election and democracy champions (real ones, not the phony, post-2020 MAGA Mob fakers) differ on how to vote next week on three different democracy- and elections-related Constitutional amendments. On today's BradCast, we discuss all three proposed measures which will have far-reaching consequences for voters both in New York and across the nation. [Audio link to full show is posted below.]

But, very quickly at the top of today's show...As Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) continue to obstruct and, actually, shred the bulk of the far-reaching, long-overdue progressive social safety net and climate change agenda of Joe Biden and pretty much the entirety of the Democratic Congressional caucus, we offer a friendly reminder.

Dems insist on making their Build Back Better package fully paid for (unlike the deficit spending in the separate bipartisan roads and bridges infrastructure deal supported by Manchin, Sinema and a bunch of Republicans). But Sinema has nixed her own party's plan for a tiny tax increase on corporations and the wealthy, even though, in 2017, she voted against the $2 trillion Trump/GOP tax cuts for those same people.  One alternate "pay-for" mechanism now being proposed by Dems is a wealth tax on those worth more than a billion dollars or who made $100 million for three consecutive years in a row. On Wednesday, however, Manchin was suggesting such a tax might be too divisive for his tastes, by "targeting" certain people.

So, here's the reminder, courtesy of Americans for Tax Fairness and the Institute for Policy Studies Program on Inequality: There were 614 U.S. billionaires before the pandemic and 745 of them now. Billionaires have seen their wealth grow 70%(!) since the start of the pandemic, to more than $5 trillion. The money they made during the pandemic alone --- from March of 2020 through last month --- would fully cover the cost of Biden's entire 10-year spending plan in the Build Back Better Act, to offer a transformative expansion of healthcare, education, child care and take on climate change for every person in the nation, more than 330 million of us. Meanwhile, a White House analysis last month found that the wealthiest 400 families in the country paid an average federal income tax of 8.2%. (How much did you pay last year?)

Anyway, that's just a reminder as this madness continues. We'll likely discuss all of that more in the days ahead.

Meanwhile, voters --- at least some of them --- are heading to the polls for off-year elections on Tuesday. The neck-and-neck race for Governor in Virginia is receiving much of the attention, but we have our eyes elsewhere today --- on the great state of New York, one of the nation's, theoretically, most "liberal" states which has some of its most restrictive voting policies.

There are several important state constitutional measures on the ballot this year, with three of them having a direct effect on elections in the Empire State and even democracy across the nation.

• Prop 1 would make it easier for the majority party in Albany (currently Democrats) to approve new legislative and Congressional maps for redistricting following the 2020 Census. That, as Republicans pretend to be furious about the notion that it might allow partisan gerrymandering in the state (which we no longer oppose, for reasons explained again today --- at least until federal legislation bars it in all 50 states.)
• NY's Prop 3 would abolish the 10-day Constitutional deadline for voter registration before elections, paving the way for eventual election-day registration at the polls.
• And Prop 4 will remove restrictions on absentee voting in the state, where voters are currently required to attest to being out of town on Election Day or being too ill to go to the polls in order to vote by mail. The hope for proponents is that this will allow for no-excuse absentee voting in the future, as currently available in the majority of states.

While I suspect many believe that folks on the left side of the political aisle might favor all three propositions, that's not actually true, as discussed today with two of New York's longtime champions of election integrity. We walk through all three propositions with them to explain what each may or may not mean for voters and election integrity.

We're joined by DR. VIRGINA MARTIN, who served for 11 years, until 2020, as the Democratic Election Commissioner of the Columbia County, NY Board of Elections and ALLEGRA DENGLER, a longtime election security advocate with Citizens for Voting Integrity NY.

You may be shocked to learn that all three of us do not actually agree on how voters should vote on each of these measures. They each offer their own well-informed and nuanced opinions on the issues at stake in each ballot proposition. We hope this is helpful not only for NY voters, but for others around the nation, where similar issues are being addressed and debated at both the state and local levels, not to mention in proposed federal legislation.

Given Martin's decade-long personal experience as an election official, we also take a few minutes to discuss her thoughts on the ongoing nationwide assault and threats against election officials and poll workers in the wake of sore loser Donald Trump's evidence-free false claims of fraud in the 2020 Presidential election and the very real concerns (as opposed to the MAGA Mob's) when it comes to computerized voting and tabulation systems. Martin made a name for herself amongst election integrity advocates when, in 2010, she joined with her Republican counterpart on Columbia County's Board of Elections to carry out full, transparent hand-counts of hand-marked paper ballots in the county. That, after --- and despite of --- the state's mandate for optical-scan computerized tabulation systems in all of New York's 57 counties...

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We covered a whole bunch of stories on today's BradCast. You'll have to tune in to find out what I have to say about most of them. Suffice to say there was a lot of both good news and bad. Often at the same time. [Audio link to full show is posted at end of this summary.]

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

• The full U.S. House voted to recommend criminal contempt charges to the DoJ for Steve Bannon's refusal to answer his subpoena for documents and testimony from the House Select Committee investigating Trump's January 6th insurrection.

• Texas' wingnut Lt. Governor Dan Patrick, who offered $1,000,000 for evidence of voter fraud after the 2020 election, is forced to pay out $25,000 to a progressive Democrat who caught a Republican voting twice in Pennsylvania.

• California certifies the results from last month's GOP Gubernatorial recall election, with the state's Democratic Gov. Gavin Newsom winning by the exact same percentages --- to the decimal --- that he won his first term back in 2018. Money well spent, Repubs! And thanks for wasting $300 million taxpayer dollars.

• Five veteran advisors to Arizona's Democratic Sen. Kyrsten Sinema have had enough. They quit her advisory board for service members with a blistering letter citing her obstruction of democracy and the Biden agenda. The progressive veterans group Common Defense has now turned the letter into a TV ad with a seven figure buy to condemn the obstructionist Dem.

• MoJo's David Corn reports that West Virginia's obstructionist Democratic Sen. Joe Manchin has a plan to quit the Democratic Party altogether. Manchin disputes the report. Corn stands by it. Either way, it should serve as a reminder of how fraught things are in the Senate right now, how narrow the Democratic majority is, and how the Senate could see Mitch McConnell and the GOP back in control, literally, at any moment. That, of course, would immediately end any hope of passing any part of the Biden, Democratic and/or progressive agenda. Perhaps there's good reason that President Biden isn't calling out Manchin by name for failing to reform the filibuster as many progressive voting rights activists have been demanding?

• The GOP's ongoing assault on American democracy continues apace, as they plan to gerrymander their way into the House majority in 2022, and then use that control --- along with new election subversion laws in states they control --- to try and steal the 2024 Presidential election in a way they weren't prepared to do in 2020. All of which should serve as a reminder to every democracy loving American that it's time to step up --- even if it means reconsidering long-held, rock-solid beliefs. For example, that extreme partisan gerrymandering is wrong. It is. But is it wrong if it's needed to actually save American democracy? In Texas, new Republican-adopted Congressional (and state legislative) maps steal seats from minorities, despite the fact that the state's population growth --- and two new U.S. House seats to go with it --- is due almost entirely to minorities. Happily, states like Illinois are not taking the matter (entirely, anyway) lying down.

• Finally, Desi Doyen is here with our latest Green News Report and, as usual, we'll take her good news with the bad...or vice versa...

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On today's BradCast, I share an idea that I've thought long and hard about, struggled with and, frankly, never thought I'd have, much less recommend, as this idea is essentially counter to everything I have long fought for as a democracy advocate. But, as they say, desperate times...and all that. [Audio link to full show follows this summary below.]

Next Wednesday, Senate Majority Chuck Schumer has told Democrats, he plans to bring up the Freedom to Vote Act for a cloture vote, which --- if successful --- would then allow the Senate to proceed to debate on the bill that is critical right now for the survival of American democracy itself. Even if passed, Freedom to Vote won't save everything, of course, but it will help. Big time. The Joe Manchin-approved "compromise" version of the For the People Act (which has already been passed by the House) would, among a boatload of other long-overdue things, institute automatic voter registration and minimum requirements for Absentee and Early Voting in all 50 states; adopt rules that would limit the most disenfranchising Photo ID restriction laws; require hand-marked paper ballots for all voters(!); and prevent extreme partisan gerrymandering among other much needed stuff that would benefit all voters and democracy itself --- if not necessarily the Republican Party, as they see it, while they continue to lie about the bill in order to place party above both country and democracy.

Next week's cloture vote on the measure is likely to be supported by all 50 members of the Democratic caucus in the Senate. But it is unlikely to be allowed up for debate in the minoritarian Senate because, unless Manchin and any other Democratic obstructionists agree to reform the filibuster to allow democracy saving legislation to pass with a simple majority, it won't receive the 60 votes needed to overcome a Republican obstructionist filibuster. That, as GOP-controlled states across the country continue to adopt measures making it harder for (certain) voters to vote and easier for Republicans to cheat by overturning election results they don't like by partisan fiat.

In 2010, the GOP's so-called "REDMAP" program succeeded with Republicans taking over state legislatures in order to draw extreme partisan gerrymanders following that year's decennial census to assure themselves majorities in both statehouses and Congressional delegations for the ensuing decade, even when receiving a minority of the vote. Now that the 2020 census has been completed --- and the GOP's stolen and packed U.S. Supreme Court has determined that federal courts may not intercede to block partisan gerrymanders in any way --- those same Republican state legislatures are in the process of drawing even more extreme gerrymanders for partisan advantage over the next decade. Experts say that "red" states are now in the process of redistricting in such a way that even if the nation voted exactly as it did in 2020, Republicans would end up taking control of the U.S. House --- even with millions of fewer votes than Democrats receive for their elected members of Congress.

That is just part of the near future that all Americans can look forward to if the Republicans and Democrats like Manchin and Kyrsten Sinema in the Senate prevent passage of the Freedom to Vote Act along with its federal restrictions on extreme partisan gerrymanders.

While I hate the idea, all one has to do is take a look at what the Texas legislature (and others like it) are currently up to and planning this year to realize that it's time --- at least if Freedom to Vote is not adopted --- for Democratically-controlled states to answer the GOP assault on democracy by instituting their own extreme partisan gerrymanders in response.

As noted, I hate that idea. It is, at least on the surface, counter to the small "d" democratic ideals that I have always fought for. But, at this point, with the American democratic experiment now teetering toward unstoppable authoritarianism, unilateral disarmament by Democrats seems more like a suicide pact. Yes, for Democrats, but, much more importantly, for democracy itself.

I suspect not everyone will agree with me here, including my guest today. I'm joined by the man who actually wrote the book on partisan gerrymanders, DAVID DALEY of FairVote.org. His book on the GOP's REDMAP assault on democracy is called Ratfucked: The True Story Behind the Secret Plan to Steal America's Democracy. His more recent follow-up, out this year, is Unrigged: How Americans Are Battle Back to Save Democracy.

Daley details the horrors to come from the GOP's extreme gerrymandering plans that we will see in the next few weeks and months, describing them as "really bleak for the Democrats on the redistricting front". For example, he explains, "if you look at the 2020 election, Democratic candidates for the U.S. House won 4.7 million more votes than Republican candidates, but that only turned into a 5 seat majority. Republicans, simply by redistricting in Texas, Georgia, North Carolina and Florida alone --- before you even get to the handful of other states where they can pick up individual seats --- could probably get at least twice the number that they need to flip the House simply by gerrymandering those states."

But, even as he argues in favor of "Constitutional hardball" from Democrats, he does not agree with me that Dems should participate in the same sort of behavior in response when it comes to redistricting this year, describing it as "rearranging deck chairs on the Titanic." He explains why, and we debate the issue on today's program.

I welcome your thoughts on this matter via email or in comments below, as I hope to discuss this more on the show in the days ahead.

Finally today, as if anyone needed more evidence of the dangers that await a fully Trumpified GOP takeover of democracy (even more than has already occurred), at least one Republican candidate running for the House of Delegates in Virginia next month should scare the hell out of you..and, for reasons that Desi Doyen explains, especially Virginians...

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Wait. Even the so-called "audit" results from the Cyber Ninjas that appear to confirm Joe Biden's 2020 victory in Arizona over Donald Trump were phony?! Yup. "The Ninjas made up the numbers out of whole cloth," says our guest on today's BradCast, after examining and sharing the actual evidence in support of that claim. [Audio link to full show is posted below this summary.]

But first, the partisan, wingnut audit by the Ninjas in Maricopa County, AZ, is hardly the only epic fail by Trump MAGA Mob dead-enders who have been unable, in almost a year, to show any evidence of any substantive fraud or manipulation of the 2020 election results. The latest epic fail comes out of the deep red state of Idaho, where Trump was certified to have defeated Biden by more than 30 points. Nonetheless, loony tunes deep-pocketed pillow impresario and deep state Trump stooge, Mike Lindell, claims that those numbers were also wrong! He charges, in a new document titled "The Big Lie", that votes were flipped electronically in all 44 counties in the state, for some reason, to help Joe Biden (who, again, lost in Idaho by more than 30 points!)

Idaho's Republican Secretary of State, however, suspected that Lindell's claims may have been wrong, especially given that 7 counties in the state use no computers at all to tally their ballots. They hand count them! Nonetheless, his office went about doing full, transparent, video-taped hand-counts (and posted them on YouTube) in front of Democratic and Republican Party officials in two small Idaho counties, just to be safe. What did those recounts show? You guessed it, Biden's margin increased. He received the same number of votes in each counties' recount, but Trump lost about 9 votes in one county and picked up one single vote the another. Lindell, however, refuses to accept those publicly hand-recounted results by the Republican Sec. of State in Idaho, in his continuing drive to make himself the nation's number one laughing stock.

But Lindell has competition on that score from the Cyber Ninjas and its CEO Doug Logan in Arizona!

A week and a half ago, The BradCast was the first in the nation to detail to the findings in the long-awaited final report from the Ninjas' 5-month long secret "audit" of the 2020 Presidential election results in Maricopa County (Phoenix). Rather hilariously, the Ninjas reported that their hand-count of 2.1 million ballots cast in the County matched up almost perfectly with the original, certified, computer-tallied results from the county's Dominion Voting Systems tabulators. In fact, the Ninjas claimed to have found that Trump actually lost 261 votes in their hand-count, while Biden picked up 99 votes.

But never mind even those numbers! Because a group of actually experienced, bipartisan election auditors, who call themselves The Audit Guys, say the Ninjas' numbers are completely bunk. "An epic hoax" according to their own review of the Ninjas' "audit". Those results were "fiction," they told New York Times. "The reality is they just made up the numbers," they explained to Arizona Republic. In fact, The Audit Guys' own report charges that "the entire exercise in hand counting ballots on lazy Susans for two months, was a hoax." Moreover, they say, the GOP President of the AZ Senate who arranged the entire audit and selected the inexperienced, conspiracy theorist company, Cyber Ninjas, to carry it out, is now part of a "coverup" to try and hide the scam.

We're joined today by Audit Guy, LARRY MOORE, founder of the Clear Ballot Group, which audits elections around the country. Since retiring from the company, Moore has teamed up with prominent Pima County (Tucson), AZ Republican data analyst Benny White and Clear Ballot's retired Chief Technology Officers Tim Halvorsen to independently check the Ninjas efforts.

Moore explains today how they determined that the Ninjas numbers were "made up out of whole cloth". Specifically, when the state Senate released the Ninjas' three-volume report, they appear to have accidentally left a number of pages in it that detailed discrepancies in the hand-count of ballots carried out by the Ninjas versus a separate, independent machine count of ballots done by the Senate at the end of the process, to try and reconcile numbers that were reportedly way off. In fact, as Moore details, the data released by the Senate revealed that their machine count of ballots (not results, just the number of ballots) matched almost perfectly with the County's originally certified totals. But the Ninjas' hand-count of the number of ballots was off by a mile.

The Senate report revealed (apparently accidentally) that one pallet of ballot boxes actually contained 48,371 ballots in 40 boxes, according to the Senate's machine count. That number matches the County's originally tallied numbers. But the Ninjas hand-count of that same pallet of ballot boxes was off by 15,692 ballots! And, as Moore explains today, that was no more than 2.5% of the 2.1 million ballots cast in the County last year and theoretically hand-counted by the Ninjas on those colorful lazy Susan tables.

"In short," The Audit Guys' report notes, before they lay out their full findings and evidence, "with this enormous discrepancy, any discussion of vote counts --- including Biden's 99 vote gain and Trump's 261 vote loss --- is meaningless."

On today's show, Moore explains how his team was able to confirm the numbers they compared with the Senate's machine-count. Randy Pullen, one of the Senate's liaisons to the count, oversaw that late, independent machine count of the numbers of ballots. He now has "some 'splaining to do", Moore tells me. Extrapolating out the numbers from the single pallet of ballots that Pullen's report accidentally revealed, results in "about a 300,000 ballot discrepancy" if averaged with the rest of the 2.1 million ballots the Ninjas supposedly counted.

If that's true, why did the Ninjas' claim that not only their count matched the County's, in general, but that Biden's margin of victory actually increased a bit? Moore offers his explanation on today's program.

We also discuss the response, so far, from both Pullen and Sen. Fann to the Audit Guys' findings ("Crickets," says Moore) and how Fann herself now appears to be participating in a coverup to hide the real numbers and much more. A state court judge has ordered the Senate to release all records from the "audit" and communications with the Ninjas and other contractors as part of public records requests. Fann, however, has refused to release thousands of pages of documents, including the rest of Pullen's and the Ninjas' box-by-box, batch-by-batch reconciliation data. (Longtime progressive AZ election transparency advocate John Brakey, who was allowed inside much, if not all, of the "audit", also recently confirmed on this show that documents were being withheld, when he explained how many of his own communications with Fann were not included in an earlier tranche of documents released as part of the original court order.) There is a hearing scheduled before the judge this week to force the rest of the documents out of Fann.

We also take a few minutes to discuss the concerns that some, including Moore, have about all of these demands for post-election audits in the wake of Trump's evidence-free Big Lie that the election was stolen from him. I don't personally mind such audits, as long as they are done publicly, with the cooperation of election officials (unlike the offensive clown show carried out by the Ninjas in Maricopa). Moore has a different view, however. We discuss.

Finally, we're joined by Desi Doyen for our latest Green News Report, much of which focuses on the weekend's massive oil pipeline rupture off the coast of Southern California, and on the big bucks that Big Oil is now spending to try and block Joe Biden's Build Back Better agenda in Congress...

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UPDATE, 6/6/2023: Confirming our reporting from a year and a half ago, text messages finally obtained by the Arizona Republic, via court order, from Cyber Ninjas CEO Doug Logan confirm that, as Moore explains in the show detailed above, Logan simply made up the numbers for this "audit" after being unable to add up or reconcile tabulation sheets created during the Ninjas' months-long "counting" spectacle at the Arizona Veterans Memorial Coliseum. Full details now here...

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As we head into a week of what House Speaker Nancy Pelosi understated over the weekend as "a time of intensity", we cover that on today's BradCast along with a bit of postmortem mop-up following last week's spectacular fail by the dopey Cyber Ninjas in their Maricopa County, Arizona "audit" of the 2020 election. [Audio link to full show is posted below this summary.]

This week, Congress --- and the Democratic Party which is now, apparently, being forced to run it all by themselves --- is facing several precarious moment on a number of fronts. For a start Congress must pass a continuing resolution to keep the government operating after September 30th, when the current fiscal year ends. Even more importantly, to avoid a "financial calamity", they must pass a resolution to suspend or raise the statutory debt limit --- the amount of money the nation can borrow to pay for spending that has already been approved by Congress --- before the country defaults on its loans for the first time in history at some point in October.

Republicans in the U.S. Senate are blocking Democrats from doing either of those things at the moment, in what Pelosi describes as brinkmanship that is "irresponsible beyond words". That, after Democrats voted with Republicans time and again (three times during the Trump Administration alone) to suspend the debt ceiling in order to pay for much of the $8 trillion in debt that was run up with Republican approval over the past 4 years when Donald Trump was in the White House and they controlled Congress.

We explain the incredibly dangerous (and hypocritical) game that Mitch McConnell and the GOP are currently playing with the world economy, even as Democrats face their own internecine battles over how to pass final approval for the Biden Build Back Better agenda, including a bi-partisan $1.5 trillion bipartisan infrastructure bill and a $3.5 trillion budget reconciliation bill (which Dems can pass by themselves, if they can agree on it) to expand health care, child care, education and much more, including long-overdue action to address on climate emergency.

Next, BradCast listeners last week may know that we were the first in the nation to break the news that the phony, so-called "audit" of the 2020 Presidential and Senatorial election results in Maricopa (Phoenix), AZ by the partisan, conspiracy theorist Cyber Ninjas outfit ended up proving that the Dominion Voting Systems computer tabulators used to tally results in the state's largest county did so accurately. That, according to the Ninjas' own hand-count [PDF] of some 2.1 million ballots. In fact, in a spectacular and hilarious failure, the Ninjas count found the margins of victory for the Democrats in both Joe Biden's Presidential contest and Mark Kelly's Senatorial race, were actually larger than those certified by the County and state officials last year.

But, while the Ninjas tried (unsuccessfully) to bury that embarrassing finding, they also tried to flood the zone with smoke and mirrors about tens of thousands of ballots that they suggested were either illegal or fraudulent in their three-volume report on the audit, and a three-hour presentation last Friday to the GOP-controlled AZ state Senate. There too, they failed spectacularly with one outlet after another, including the Republican-majority Maricopa County Board of Supervisors, fact-checking, debunking and explaining the so-called "critical" claims made by the Ninjas.

It seems the Ninjas never bothered to check with any actual election administration professionals, else most of their concerns would likely have been explained to them.

We're joined today for a postmortem debrief by an insider to much of the past five months of "audit" clown show theater in Maricopa,. You know him as that "bamboo guy". We have known him for many years as the longtime progressive election transparency advocate JOHN BRAKEY of AUDIT-USA. Brakey joined us previously at the beginning of the "audit" for an insider view, and as it continued on for months past its initially planned three weeks, after comments of his taken out of context by a local reporter went viral, reporting that Brakey was looking for bamboo in the ballots, suggesting they were fraudulent and stuffed into the ballot box by China (as many in the MAGA set falsely claimed). In fact, as the later posted full context of his remarks reveals, Brakey was explaining what the Ninjas believed, not him, and that he was participating in the effort in hopes of "ungaslighting" the public about false and otherwise evidence-free claims being made by Trump supporters about the election results.

Brakey worked --- for free, while also refusing to sign the Ninjas' non-disclosure agreement --- with AZ's former Sec. of State, Ken Bennett, a Republican, who was tapped by the GOP state Senate to serve as their liaison to the "audit".

"The whole thing was a grift. Okay?," Brakey tells me today after the audits conclusion. "They didn't want people to know how screwed up they were. They're the best talkers but the worst producers. They pretend to know what they were talking about." But, as Brakey explains again today, they didn't have a clue what they were doing.

Among the many questions of mine that Brakey speaks to today:

• Were his efforts to "ungaslight" the public by working on the audit successful or was it a mistake on his part to lend his credibility?
• Does he believe the minds of any of the MAGA Mob were ultimately changed through this exercise?
• As a long time election transparency and integrity champion, was there anything that the Ninjas DID uncover that was actually troubling and needs to be addressed or corrected by election officials?
• Will the AZ "audit" make similar post-election reviews more or less likely elsewhere in the country?
• What is the AZ Senate hiding by failing to release thousands of public documents and communications between them and the Ninjas (including emails and texts from Brakey), as ordered by a state judge?
• And much more, including whether or not the Ninjas ever found that elusive "bamboo" in Maricopa County's 2.1 million hand-marked paper ballots!...

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On today's BradCast: Several hours after we got off air from yesterday's program, our first-in-the-nation scoop on the pretty hilarious results of the Cyber Ninjas' Arizona "audit" was confirmed by the national media, including New York Times, Washington Post and CNN, not to mention the Arizona Republic and other local outlets. [Audio link to full show is posted below this summary.]

The main part of our exclusive news yesterday was that Trump's sore-loser, publicly financed, privately purchased and secretly carried out 2020 "audit" in Maricopa County found that the hand-count of 2.1 million hand-marked paper ballots cast there, as tallied by Dominion Voting Systems' tabulators prior to certification, were, in fact, tallied almost entirely accurately. The evidence-free lie that there had been some nefarious conspiracy to hack the Dominion systems on Joe Biden's behalf by communists in China, Cuba, Venezuela, along with George Soros, the "deep state" and "antifa", proved to be the bullshit most of the not-brainwashed Americans had presumed.

In fact, according to the Ninjas' own hand-count, Joe Biden picked up 99 votes over the state certified totals while Donald Trump lost 261, widening Biden's slim margin of more than 10,000 votes in Arizona by another 360. The "audit" hand-count of the state's U.S. Senate race also found a larger margin for the Democratic candidate than certified, though both candidates lost some votes in the Ninjas' count. Republican Martha McSally lost 541 votes, while Democrat Mark Kelly lost just 60, for an overall increase of 481 votes for Kelly, the certified winner.

We were a bit more general and circumspect during Thursday's show than we usually like to be, in our description of those findings while breaking the news in order to protect sourcing. But with the Ninjas three volume report now full released you can download it yourself for inspection. The numbers in the Presidential and Senate race are, however, buried way back in the report's third volume [PDF] for some odd reason. That's another reason we felt it important to break the news before the Ninjas put their purposefully diverting spin on things.

As Phoenix' NPR station KJZZ reported last night, even Randy Pullen, a spokesman for the state Senate and major proponent of the "audit" was forced to concede: "Was there massive fraud or anything? It doesn't look like it."

Today, Arizona's GOP state Senate held a forum to allow the Ninjas and friends to present their findings, though the Senate's feed crapped out about an hour into it (and long before Ninja CEO Doug Logan ever conceded that his hand-count confirmed the previously certified Democratic victories, if he ever offered such a concession. You can watch a replay of the three-hour forum now here.), We'll almost certainly pick up any newsworthy information or legitimate concerns from the hearing and/or the report in the not too distant future, if warranted.

All of this nonsense, of course, is a perfect way to disguise and distract from the fact that the GOP is now a broken political party with absolute no actual legislative agenda. But it comes at a time when when humanity itself is hanging in the balance, unfortunately, and when a legitimate opposition party to the Democrats might be very useful.

Earlier this month, NASA climate scientist and author DR. PETER KALMUS responded to recent calls from President Biden and nations around the world, to reach "net zero" greenhouse gas emissions "by 2050", by citing "two fatal flaws" in that plan: "One is 'net zero,'" he wrote at The Guardian, "the other is 'by 2050'."

Kalmus' argument comes as climate disasters around the world are now happening much sooner, more broadly and more fiercely than long predicted by climate scientists, and as new U.N. reports argue that even if the nations of the world meet their current pledges to reduce greenhouse gas emissions that cause global warming, we will still see catastrophic, humanity-threatening disaster by century's end. That, as a handful of so-called "moderate" Democrats in the House and Senate this week hold up efforts to at least begin facing this challenge, as designed in the Clean Energy Performance Program (or CEPP, offering financial incentives for utility companies to move to renewable energy production) built into the heart of President Biden's proposed $3.5 trillion Build Back Better Act.

"In my opinion, and I think many of my colleagues would agree, the climate science community is pretty surprised by how fast climate breakdown is progressing, in terms of extreme heat, which kicks off the fires, along with the extreme drought in the Western part of the US, the extreme flooding that we've been seeing in the Eastern part of the U.S. All of this is coming a lot faster than we thought as a community," Kalmus tells me, explaining why he is calling for "climate emergency mode" in which "a lot of things in society would have to change pretty drastically and quickly."

When there's an emergency," he argues, "you don't typically just keep doing what you were doing." He notes that most calls for net zero by 2050 assume some sort of negative emissions or carbon capture technology which either doesn't yet exist or, where it does, is not nearly robust enough to remove anywhere near the amount of greenhouse gas that must be removed from the atmosphere to even make a dent in our quickly worsening climate crisis.

He is calling for much more drastic measures --- such as the nationalization of the fossil fuel industry --- than most of the climate scientists and experts we've interviewed on the program, or who are usually allowed to speak in the national media.

While Kalmus concedes many of his arguments "might sound a little too radical" for many now, he believes that with each successive disaster, people will begin to understand more and more the consequences of failing to take appropriate action to meet the moment. He argues that while carbon capture technologies will not save us, neither will kicking the can down to 2050 to reach net zero. That, Kalmus explains, needs to happen more like by 2035 and, he believes, it is actually doable.

His case "might sound a little too radical to some of your listeners," the NASA Jet Propulsion Laboratory scientist (who notes he's speaking on his own behalf) concedes, but "my response to them would be that they haven't fully understood just what an emergency we're in, or just how irreversible the damage that we're doing and leaving for future generations is going to be."

Kalmus, whose research at the nation's space agency employs satellite data and models to study our rapidly changing Earth, warns: "I see what is coming in the future years, and I'm just trying to get people to respond now to what I know is coming. And that's really hard. I take a lot of criticism for that. But I know I'm right. So I keep trying."

"Ten years ago when I was saying similar things, but it wasn't so immediate to people, no one was listening," he says, adding: "Recent years have started to shift that balance. It's just basic physics and it's continuing as we continue to emit these greenhouse gases. So I can say with complete confidence that in the coming years, what I'm saying now that sounds radical to people will not seem radical anymore. I just wish that people would listen now."

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Of course they knew they were lying at the time. The pathetic thing is, their supporters who they continue to dupe, still believe the lies even today! But just in case anyone needs actual proof of Team Trump's attempt to use a Big Lie to try and steal the 2020 election, new evidence discussed on today's BradCast has been unearthed via the discovery process in one of the many defamation cases now filed against the Trump Campaign and their lawyers, Rudy Giuliani and Sidney Powell. [Audio to full show is posted at the end of this summary.]

According to a report from the New York Times today, a memo written by the Campaign in November, included in a recent motion filed by former Dominion Voting Systems employee Eric Coomer, reveals that even while Trump's attorneys were lying to the public about Dominion having stolen the election (so they could try and steal it themselves) via an insane, evidence-free conspiracy theory involving hacked voting machines, George Soros, China, Cuba, Venezuela and its dead President Hugo Chavez (among others), the Campaign knew it was all nonsense.

None of it stopped their attorney from continuing to try and steal the 2020 election anyway, nor from defaming Dominion (which is suing a bunch of them, along with Fox "News" and other far-right outlets) nor Coomer, its former director of product strategy and security, who they falsely claimed to have been key to Dominion's non-existent strategy to hack the election for Joe Biden. Oh, and the Trumpers also falsely claim that Coomer revealed the whole plot while on a recorded conference call with "antifa", with whom he was supposedly a "member," according to the ridiculous MAGA mob claims....even though there is no such actual organization (and, apparently, no such actual recording. Go figure!)

The Dominion/Venezuela/Hugo Chavez part of the story - which also involves another company named Sequoia, which is suing for defamation as well, and has even LESS to do with any theft of 2020 --- is somewhat our fault. The Powell/Giuliani lies about Venezuela and Chavez and Dominion and Smartmatic were spun from a twisted and bastardized version of my exclusive, investigative reporting from 2008 to 2010. (Reporting that was well-sourced, accurate, independently verifiable, and which happily still stand by.) Thus, we spend some time unpacking the latest revelations in this story for you today, as twisted as it all is.

That story, in turn, helps us kick off a host of fresh accountability-related stories today that are unlikely to end well for any of the Trumpers. Among them...

• Republican Senators (and Trump lackeys) Lindsey Graham and Mike Lee also didn't buy the bogus fraud narrative that the Trump White House and Campaign were selling, according to Bob Woodward and Robert Costa's new book, Peril. Not that that prevented Graham from tossing in with the criminal conspiracy in Georgia with Trump, Giuliani and others, to try and steal the election in the state. That criminal conspiracy is currently being investigated by Atlanta's Fulton County District Attorney.

• During a routine scheduling hearing in New York state court, the lawyer for Allen Weisselberg, the Chief Financial Officer at the Trump Organization, who has been indicted along with the company on several felony charges related to an alleged, long-running, tax fraud scheme, described as "sweeping and audacious" by state prosecutors, revealed that new indictments may be coming in the case. Little more was offered as far as who might be indicted and on what basis the attorney made his claims, but there ya go. In the meantime, the judge has pushed the next hearing to July of next year to allow Weisselberg time to review some 6 million pages of documents submitted as evidence in the case, pushing any trial to August or September of 2022 at the earliest. That, of course, presumes Weisselberg, who has worked at the Trump Organization for five decades, doesn't decide to flip on his boss before then to avoid huge fines and years in prison.

• As to fines (and legal fees) that Trump and/or his businesses may have to cough up, given all of the ongoing legal battles they are defending against, that could become a very big problem for the disgraced former President as well. According to new reporting, occupancy rates are plummeting at Trump's properties, including his headquarters Trump Tower in New York and his tower in Chicago. A $100 million loan for the Fifth Avenue building in NYC has now been placed onto a "debt watch list" by the loan's master servicer, Wells Fargo, due to the quickly falling occupancy rate in the building since the end of last year. And that comes as Trump is reportedly personally on the hook for loans up to $400 million coming due in the next couple of years.

• And, if you think it's time for us to move on from Trump accountability coverage since he's no longer in officer, well, we've got some bad news for you. We haven't even given up yet on George W. Bush accountability news! Happily, he faced a bit of accountability this weekend for his years of unprosecuted war crimes, courtesy of a U.S. Iraq war vet this past weekend in Los Angeles. We've got the play-by-play.

• Finally, Desi Doyen joins us for our latest Green News Report, with good news and bad (mostly bad) as the U.N. General Assembly meets this week in New York and much more. Also, remember when the Trump Administration moved the Bureau of Land Management headquarters from D.C. to Grand Junction, Colorado in 2019 to try and pretty much kill the federal agency? Well, that largely worked, with nearly 300 experts, scientists and other employees who chose to resign or retire rather than move their lives across the country for no legitimate reason. Now the Biden Administration's Interior Department is moving the BLM back to D.C.

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If there's one guy you really don't want vowing to dog you, it may be Rhode Island's Democratic Sen. Sheldon Whitehouse, easily one of the most persistent Senators in the upper chamber. If you're Trump's FBI Director or, especially, Supreme Court Justice Brett Kavanaugh, that's probably not good news. But it's just one of the stories covered on today's BradCast. [Audio link to full show is posted below this summary.]

Here's a quick summary of many more of them...

• No, the disappearance of 350,000 votes from CNN's California Recall Election Night live ticker is not proof that it was stolen. Especially when there is a perfectly plausible (and checkable) explanation for it.

• After the well-publicized testimony of U.S. gymnasts in the Senate Judiciary Committee on Wednesday, regarding the FBI's years-long failure to adequately investigate hundreds of allegations of sexual assault against now-convicted team physician Larry Nassar, Sen. Sheldon Whitehouse had a few related questions for Trump-appointed FBI Director Christopher Wray about another similarly flubbed investigation --- perhaps more accurately described as a Trump Administration/FBI cover-up --- regarding serious allegations of sexual assault against a young girl by a now sitting Supreme Court Justice. After alleged sexual assaulter Brett Kavanaugh, Donald Trump's second nominee to be packed onto the U.S. Supreme Court by Republicans, Whitehouse vowed to Christine Blasey Ford, Kavanaugh's main accuser, that he would get to the bottom of the FBI's clearly whitewashed pre-confirmation "background check" probe of Kavanaugh. It's three years later and Whitehouse has not forgotten. As he explained while pressing Wray during Wednesday's hearing, he has been waiting all of that time for answers and documents from the FBI. He made clear to Wray that he will not stop until he gets them. As evidenced by his nearly ten years of weekly "Time to Wake Up" climate addresses on the floor of the U.S. Senate, the Rhode Island Senator does not back down easily.

• The COVID pandemic continues to worsen in the U.S., with no end in sight. That, of course, thanks to the voluntarily unvaccinated. Hospitals across the entire state of Idaho are now rationing care under "critical care standards" that allow them to try and save the lives of those most likely to survive, while offering comfort and best wishes to those unlikely to make it. Similar "death panels" are now in place or "imminent" in other states with similarly low vaccination rates, mostly run by Trumpy, denialist, Republican Governors. While the vast majority of those paying the worst price are the unvaccinated, their selfishness comes at an unspeakable to cost to many who are vaccinated, as we detail today. Those include the Alabama man who died last week in Mississippi after his Trump Country Alabama hospital had to call 43 hospitals before finding one, 200 miles away, that could give him care; the Illinois woman with a comorbidity who died after becoming infected with a breakthrough COVID case after visiting a family friend in Mississippi whose husband had died in the state with one of the lowest vaccine uptake rates; the man in Hawaii who remains in excruciating pain today, because he can't get a non-emergency operation for kidney stones due to lack of oxygen supply for all but COVID patients on all of the islands. Yes, the voluntarily (and selfishly) unvaccinated continue to bring pain, harm, sadness and death to far more people than just themselves...which is already bad enough.

• Finally, Desi Doyen joins us for our latest Green News Report, featuring news on Nicholas, the latest storm to make landfall in our latest record hurricane season, exacerbating recovery in Louisiana, where folks are just beginning to recover from Hurricane Ida the week before last; Biden's continuing push for his landmark climate infrastructure plan; States now beginning to hold plastic producers to account for their pollution; and Vermont stepping up as the latest state to sue fossil fuel giants for decades of deadly lies about climate change...

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Today on The BradCast: It takes a lot of chutzpah --- and plenty of confidence that corporate media is too cowed to call you out for it --- to continue calling your party a "conservative" one, after forcing state taxpayers to waste almost $300 million to run a special Recall Election that ends with almost the exact same results as the last time Republicans tried to defeat the popular Democratic Governor in an election. [Audio link to full show is posted below this summary.]

But, yeah, that's what happened on Tuesday. With about three quarters of the vote now tabulated in California, Governor Gavin Newsom has clearly crushed the GOP's attempted Recall Election in California --- by a mile. As of now, the vote to keep the Governor in office is ahead by about 28 points, or 64% to 36%. That's almost the same margin by which President Biden annihilated Donald Trump in the state in 2020, and slightly smaller than Newsom first term victory in 2018. (Though the results may still widen for Newsom before all is said and done with the processing of late Vote-by-Mail ballots and Provisionals over the next few weeks.)

The Governor, who will face a normal reelection contest in just over a year, offered brief remarks after media called the race on Tuesday night. "'No' is not the only thing that was expressed tonight," Newsom told supporters. "I want to focus on what we said ‘yes’ to as a state: We said yes to science, we said yes to vaccines, we said yes to ending this pandemic."

Along with a laundry list of rights and freedoms that progressive California voters "said yes" to, in contrast to the rightwingers hoping to end public health mandates and more, Newsom also noted the state "said yes to people's right to vote without fake fraud or voter suppression."

On Monday, the day before the Recall --- before any results were known at all --- the GOP's top candidate, far-right radio talk show host Larry Elder, unveiled a "Stop CA Fraud" website demanding a special session of the state legislature be convened to "investigate and ameliorate the twisted results of this 2021 Recall Election." That would have been unknown results, at the time, which he disingenuously charged included "improperly formed ballots"; "instances of undocumented ballots"; and "statistical analyses [that] have detected fraud in California resulting in Governor Gavin Newsom being reinstated as governor." Without such a special session --- presumably at an even higher "conservative" cost to taxpayers --- Elder's campaign threatened use of the "ammo-box."

Hours after most media outlets had called the race for Newsom on Tuesday night --- after Fox "News" had quickly pulled down all of their Election Night incoming results numbers in order to pretend there had been no election at all that day --- Elder finally conceded and encouraged supporters to be "gracious in defeat". But, after lying about "fraud" in the election and threatening use of the "ammo-box", he should receive zero credit for those remarks. He then pledged that, though he "may have lost the battle, we are going to win the war."

We're joined today by longtime Editor of The American Prospect, former Editor of L.A. Weekly and frequent Los Angeles Times contributor HAROLD MEYERSON. We discuss whatever lessons may be learned from the Recall for both Democrats and Republicans in the state, as well as across the nation, as we head into next year's mid-term elections and, as Meyerson writes at The Prospect today, "the California GOP has gone down the same rathole as the rest of the Trumpified horde."

"They're saying Larry Elder is now the dominant figure in the California Republican Party," Meyerson observes, regarding GOP hopes for a rematch against Newsom next year. "If you want your party leader, your standard bearer, your best electoral prospect to come into the next race trailing by four to five million votes --- okay! Take it away!"

We also discuss why and how California's 100-year old, once well-intentioned progressive Recall and Ballot Initiative process needs to be overhauled in the state, where it should have been done by Democrats years ago.

Finally, in a BradCast with way more good news than we are accustomed to these days, more good news on the Senate Democrats' newly unveiled election reform compromise bill known as the "Freedom to Vote Act". We summarized the wildly encouraging key points of the new bill, crafted by eight Senate Dems including Joe Manchin, on yesterday's program. But, we didn't have the legislative text at the time to report on whether the summary's promise of "Voter-Verified Paper Ballots," would truly offer the long-overdue right to a hand-marked paper ballot for all voters across the country, or whether the legislation would offer gaping holes on that point, as the Dems' otherwise excellent For the People Act --- on which the Freedom to Vote Act is based --- currently does.

On that point, now that we've seen the actual text of the proposed 592-page bill [PDF], we can happily report the good news that the new legislation does, on page 318, appear to promise long-overdue HMPBs for all "at every in-person voting location" in the country! Passage of this bill --- if Dems can figure out how to get Manchin's permission to reform the filibuster to do it --- would be the most transformative legislation for American democracy since the Voting Rights Act of 1965...and could, arguably, even out do it!

Let's get the "Freedom to Vote Act" passed, ASAP!!!

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Get ready for another roller-coaster ride on today's BradCast, which also happens to be Recall Election Day in California. [Audio link to full show is posted below this summary.]

As of airtime on Tuesday, we heard of no major reports of voting problems at the polls across the Golden State, though that may be thanks to so many already having voted by mail or during early voting. But, while pretending to support "election integrity" during an interview on MSNBC, Larry Elder, rightwing talk show host and GOP front-runner to become Governor if popular Democratic Gov. Gavin Newsom loses on the ballot's first question, was busy lying about "fraud" and the "twisted results of this 2021 Recall Election" on his "Stop CA Fraud" website, before any results are known whatsoever. Oh, and he's also threatening the use of the "ammo box" if the results don't go his way.

(And, in related comment, we discuss why these "Will you accept the results of the election tomorrow?" questions are really unfair and unhelpful gotcha questions, that it would be really nice if media stopped asking.)

In far brighter news, a group of eight U.S. Senators --- representing the broad political spectrum across the Democratic caucus in the upper chamber and including Joe Manchin --- announced a "compromise" election reform package with a ton of really really good stuff in it. Among the huge number of long overdue reforms in what they have dubbed the "Freedom to Vote Act": Automatic and same-day voter registration for all; restoration of voting rights for former felons; federal minimum standards for absentee voting, drop boxes and early voting; an end to partisan gerrymandering; curbs on dark money in elections; the prevention of the ability of partisan state legislatures to overturn results derived by non-partisan election officials; new cybersecurity standards for computerized voting systems; and much much more.

The devil is often in the details, and I've yet to review the actual legislative text as of airtime, but from the summary description made available by Sen. Amy Klobuchar, chair of the Senate committee that oversees federal elections and campaign law, almost any one of the items included in this proposed bill would be hugely good news. I'll need to review the specific language on the measure's requirements for hand-marked paper ballots to sign off on that part of the bill, but even the proposed requirements for Voter ID are very good ones. They will serve to force states with purposely restrictive Photo ID voting restrictions (enacted to suppress the vote, not to protect against fraud) to be much less onerous, while avoiding new restrictive mandates in the majority of states which already have reasonable ID rules or few at all.

The legislation is based on Manchin's personal "compromise" version of the For the People Act and John Lewis Voting Rights Advancement Act, both of which have already been passed by the House. Manchin is one of the eight Senators who worked out this proposal, and is said to be reaching out to bring Republicans on board. Of course, even if all 50 Senators who caucus with the Dems vote in favor, as appears likely (Schumer says he is scheduling a vote for next week), it seems unimaginable that any Republicans will join them, much less the 10 that would be required to overcome a Senate filibuster. But with Manchin as a co-sponsor, it will now be on him to get the GOP votes needed for passage or face the prospect of no long-overdue election protection at all...UNLESS he is willing to support a "democracy reconciliation" carve-out to the Senate filibuster. It should be a very interesting, maddening and/or fantastic week or two. We'll be following it all very closely, of course.

And, as Dems are trying to improve representative Democracy in the U.S., Republicans are still, apparently, in the business of simply trying to kill as many Americans as they can to make some sort of twisted political point.

Yet another fervent, anti-vaxxer rightwing radio and TV host died from COVID over the weekend, the fifth in the past month and a half. And while we've had a modicum of sympathy for some of the others who have recently passed, as we explain, this one, 62-year old Bob Enyart, is very difficult to feel anything but contempt for.

We have slightly more sympathy, however, for the wildly misinformed and brainwashed 64-year old anti-vax QAnon supporter and highway overpass activist and YouTuber, Veronica Wolski who bragged last month on her final video about never having worn a mask in her life, and about the need to "NEVER COMPLY" with any COVID public health measures in order to "never give up your freedoms" so "you never have to fight to get them back."

She won't be fighting for anything anymore. Wolski died over the weekend from COVID-related illness in the ICU, but not before the QAnon dupes, led by disgraced Georgia attorney Lin Wood, sicced supporters on the hospital trying to save her life and threatened its workers with "murder" charges unless they agreed to treat her with Ivermectin, the horse deworming medicine not approved for treatment of COVID. That, before Wood declared on his Telegram channel to his more than 800,000 followers: "Now, we go to war."

Unfortunately, deadly climate change (not to mention COVID) is what wingnuts should be going to war against. As Desi Doyen explains in our latest Green News Report today, yet another massive tropical storm, Hurricane Nicholas, is now knocking out power (again) and drenching the U.S. Gulf Coast with some 20 inches of rain in parts of Texas flooded out in 2017 by Hurricane Harvey and sections of Louisiana that were already still under water following last week's Hurricane Ida. President Biden, meanwhile, is pushing for action on climate in his $3.5 trillion budget reconciliation bill, and his EPA is taking several long-overdue actions on behalf of clean, non-toxic drinking water across the U.S., and an age-old salmon fishery in Alaska...

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On today's BradCast: Election Day for the California Gubernatorial Recall is tomorrow, though many have already voted across the nation's most populous state with Vote-by-Mail ballots. And we also share some thoughts on 9/11 that may be very different from the coverage of its 20th anniversary over the weekend.

Today would have been the last chance for CA Sec. of State Dr. Shirley Weber to mandate a statewide post-election Risk-Limiting Audit (RLA), as the nation's top cybersecurity and voting system experts have urgently asked her [PDF] to do on an "emergency" basis. That, following a recent voting system security breach that effects election management systems and tabulators made by Dominion, as used in 60% of the state's counties. Despite their pleading, Weber declined to call for such an audit.

Instead, she sent a letter [PDF] in reply to the security experts who contacted her with "urgent" concerns, after she held a meeting with them last week (which we reported on in detail on Friday). She sung the praises of California's election security process in the letter, and dismissed their concerns, as AP's coverage highlighted, as "inaccurate," noting that, in any event, there was no time to mandate such an audit because it would require "significant preparation, training and testing."

"Further," she wrote the group of top voting and cybersecurity scientists in the nation (and perhaps the world), "the implication that California’s elections cannot be conducted safely and securely without [a more rigorous audit] is inaccurate, as California has the strictest voting system testing, procedures for use and security requirements in the nation."

Suffice to say, as we've been reporting in detail over the past month (as succinctly summarized by longtime listener/reader Sheila Bernard in an L.A. Times Letter to the Editor today) --- ever since a Republican County Clerk in CO made illicit copies of the Dominion Election Management System (EMS) software in her county before it was later released to the Internet for wide download, to the shock and horror of the voting system scientists whose warnings Weber has now ignored --- what happens next is anyone's guess. In its latest coverage, AP cites local election officials in the state, such as Santa Barbara County Clerk Joe Holland claiming it would be "near impossible" for anyone to manipulate results. "It's not even a concern," he said.

That disregard for the scientists warning of the need for "emergency actions" brings to mind a comment from one of those scientists, University of South Carolina's Duncan Buell, who told us on The BradCast last week: "I have seen well meaning election officials with too little skepticism and too much hubris. And I think that's a problem." It certainly might be. We'll find out, perhaps, in a day or two.

At the same time, we report on a few other problems that polling place voters have reportedly had trying to cast their ballot in Los Angeles County over the weekend, thanks to yet another failure of the County's new electronic pollbook system. The same system failed repeatedly during its maiden use in the 2020 election cycle and, over the weekend, the new computer systems incorrectly informed both Democratic and Republican voters that they had voted already...when they had not, in at least two different voting locations. Those voters were given provisional ballots and the e-pollbooks in question were said to have eventually been removed from operation, according to a statement from the L.A. County Registrar's office.

Both California and the nation are now on pins and needles. There are disturbing implications if Democratic Gov. Gavin Newsom is removed from office in California and replaced in the Recall by rightwing talk show host Larry Elder, particularly with the state's 88-year old U.S. Senator Dianne Feinstein in office with the barest of majorities for Democrats in the Senate.

Next, there were 20th anniversary commemorations over the weekend to mark the horrific terror attacks of September 11, 2001. Along with it, there was more repetition of the false claim that "America came together, united as one after the attacks". That has always been a myth, as we discuss today.

To underscore that myth, I share a part of my 20-year old, never before shared publicly (I think), "My Speech to the Nation After 9/11 (Were I President, Which I am Not.)" which I wrote and shared with family members on September 14th, 2001, just days after the attacks. The speech, as written (but, obviously, never delivered) was, to say the least, a very different one --- with a very different call to action --- than the one delivered at that same time by George W. Bush. And, had I been President at the time (which I wasn't), it likely would have resulted in a very different America and world today. Whether it would be a better one? Well, you can decide and let me know.

Finally, we open up the phone lines today to callers on all of the above, many of whom are focused on questions and concerns about the CA Recall...

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It's an old cliche by now that every bad disaster movie begins with a scientist's warnings being ignored. We'll continue to hope, on today's BradCast, that California's Gubernatorial Recall election, with voting under way right now and Election Day next Tuesday, doesn't turn into a bad disaster movie...now that CA's Democratic Secretary of State seems to be ignoring the urgent warnings from a whole bunch of the nation's top computer scientists. [Audio link to full show is posted below this summary.]

Several weeks ago, polling of likely voters in the GOP's sleazy attempt to oust Democratic Gov. Gavin Newsom from office in a special recall election, suggested a dead heat on the question of removal for the otherwise popular progressive Golden State Guv. Today, more recent polling suggest Newsom is up by more than 10 points among those considered to be likely voters, according to 538's average of recent surveys, and by about 8.5 points in RealClearPolitics' round-up. That, after the very Trumpy, far-right Republican radio host, Larry Elder, has emerged as Newsom's likely replacement if the Governor loses on the ballot's first question as to whether he should be recalled.

In the meantime, as we have been highlighting over the past month, California's state election officials should be very concerned about a new security threat to the election itself following the theft of Election Management System (EMS) software made by Dominion Voting Systems. The vendor's systems are used to run elections in nearly 60% of California jurisdictions. Copies of its EMS software were apparently purloined in the middle of the night by a far-right County Clerk in Mesa County, Colorado last May before being released to the wilds of the Internet during MyPillow CEO Mike Lindell's phony "cyber symposium" last month. That release now poses "critical new risks to the recall election," according to eight of the nation's top cyber security and voting system experts. They sent a chilling, 3-page warning letter [PDF] to CA Sec. of State Dr. Shirley Weber late last week, advising her to mandate a statewide Risk-Limiting Audit (RLA) as the "one critical action" she can and should take immediately to try and mitigate against this "serious threat" which, the experts argue, warrants "emergency action" on the part of state officials.

One of the authors of that letter, DR. DUNCAN BUELL, Chair Emeritus in Computer Science and Engineering at University of South Carolina, joins us on today's show to explain the letter, the threat and the need for the SoS to take action now, rather than waiting until after Election Day.

"If the results are known first and then somebody says 'let's audit', there will always be some skepticism and some conspiracy theory that the reason for the audit is because the result came out different from somebody in power who wanted it to be a different result," Buell tells me. "You've got to mandate the audit before you have the result so the voters know that this is being done specifically for the right reasons."

He goes on to explain how the EMS software, which can now be downloaded and explored for vulnerabilities by anyone with an Internet connection, is "absolutely central to everything" when it comes to running elections on computer systems. "The EMS is almost certainly going to be configuring ballot styles --- even for hand-marked [paper] ballots, where the bubble is to be filled in, in terms of position on the page --- and it's going to be the system at the end of the day that does the tabulations. So anything that is that central is really critical."

When I ask if it's an overstatement to refer access to the EMS software as "the keys to the kingdom" when it comes to computerized voting and tabulation systems, Buell confirms: "I don't think that's an overstatement at all. That's very much the case."

Even with the recent shift in polling, suggesting a possible lead for Newsom in the Recall, Buell notes, "I don't necessarily think either side should be breathing a 'sigh of relief' because the problem really is that the election system needs to be secure, and the election process has to be done in a transparent way that voters can trust and understand. With the release of the [EMS] software, it's hard for anyone to really feel that what's going to happen is what ought to happen unless there is a statistically sound Risk-Limiting Audit conducted after the fact, just to make sure things got done right. This is a question of confidence, transparency, and the fact that we don't get to do elections over."

He offers much more insight on all of this during our conversation today, as based on his many years of experience with voting systems as both a Professor and expert witness in voting system related cases and challenges across the country. We discuss the lack of response the eight top experts have so far received from Sec. Weber in CA, and a dismissive --- and arguably naive --- statement given by her office to AP last week following the release of the letter.

"I have seen well-meaning election officials with too little skepticism and too much hubris," Buell warns. "I think that's a problem. We don't know what the results are going to be, so we don't know ground truth for what's going to come out of this recall election in California. We can't do it over. This means that, yes, all of the processes have to be rock solid. But it also argues that there needs to be a way, after the fact, to make sure that the outcome that you think you got is the outcome that you should have gotten. That's what one of these RLAs, Risk Limiting Audits, will do."

He also observers that California is lucky, in that the inventor of the RLA protocol, Philip Stark of U.C. Berkeley, is right here to help. Stark is also a signatory of the letter to Weber. He joined us on the show several weeks ago, just after the stolen Dominion EMS software was released, to explain the serious concerns at that time --- well before the national media had noticed any of this, and before CA's SoS got around to seemingly ignoring the warning and advice of the nation's top experts in the field.

Given that Donald Trump is already falsely and predictably claiming that the CA Recall is "a rigged election", as is Fox "News", it's even more imperative that Weber mandate a professional, publicly witnessed, statewide post-election audit now (as opposed to the type of scammy, secret, "audit" theater recently carried out by inexperienced, partisan, conspiracy buffoons in Maricopa County, Arizona, for instance) before the computer-tallied results of next week's critical Recall Election are known.

Speaking of fraud and conspiracy buffoons, we have a bit of fresh news this week about the slow, but still "ongoing" criminal investigation by Fulton County, Georgia District Attorney Fanni Willis into the conspiracy led by Donald Trump to try and strong-arm Peach State officials into stealing the election on his behalf last year. That probe could also end up targeting fellow conspirators Sen. Lindsey Graham (R-SC) and Rudy Giuliani.

And then we close with the really really dumb comments from MyPillow conspiracy buffoon Mike Lindell, in which he recently seems to have thrown himself under the bus on his own streaming video channel, in regards to the $1.3 billion defamation lawsuit he is currently facing from Dominion Voting Systems...

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