Why isn't the FBI or DoJ investigating the broad, multi-state conspiracy, carried out by Trump supporters after the 2020 election, to breach sensitive voting and tabulation systems? Especially with the 2024 elections now coming into view? Disturbing new evidence of the DoJ and FBI's LACK of action on today's BradCast!

But, first up, a few quick words on the federal takeover of several failed banks late last week and into the weekend (after the Trump Administration rolled back regulations enacted after the 2008 banking crisis to help prevent such failures), and then on Biden's decision to allow a controversial new oil project on federal lands in Alaska, while otherwise ordering the federal protection millions of acres in Alaska and the Arctic from similar future drilling projects.

Next, a few quick words on former Vice President Mike Pence's weekend comments at the Gridiron Dinner in D.C., characterized by many in the corporate media as his "toughest words yet" against Trump's incitement of insurrection on January 6, 2021.

While Pence was, in fact, heroic that day in refusing to leave the Capitol while it was under siege by Trump supporters, until the Electoral College vote was officially certified, the former Veep's recent legal challenge to a Subpoena to testify before the Grand Jury in Special Counsel Jack Smith's probe of the deadly 1/6 probe is unconscionable.

Among Pence's reported comments at the no-cameras-allowed Gridiron Dinner on Saturday: "History will hold Donald Trump accountable." (No, sir. It's not history's job, it's law enforcement's! And, as a witness to a crime, it's your responsibility to help them!) Also, he repeatedly praised media and said, "I expect members of the fourth estate to continue to do their job" in covering the tragic, shameful events of that day. But, guess what? While it's the media's job to report on what happened, if witnesses don't tell law enforcement what they know, then those who should be held accountable will not be.

Then, speaking of people not being held accountable, why hasn't the FBI begun a probe of the multi-state effort, headed up by Trump's then-attorney Sidney Powell, to unlawfully and surreptitiously make copies of voting and tabulation system software in at least four states after the 2020 election? We now know that this happened in Coffee County, Georgia, Mesa County, Colorado, several townships in Michigan, and at least one county in Pennsylvania. We also have evidence that the conspirators planned to breach the election system in Nevada as well.

America's computerized election systems were officially designated as "critical federal infrastructure" during the Obama Administration. Shouldn't evidence of a multi-state conspiracy to unlawfully make copies and release that proprietary software publicly be a crime worth probing by the FBI? Especially before 2024?

SUSAN GREENHALGH, a longtime election integrity and transparency expert and Senior Advisor on Election Security at Free Speech For People thinks so. She and 14 other cybersecurity and voting system experts wrote a letter [PDF] last December to Attorney General Merrick Garland, Special Counsel Jack Smith, FBI Director Chris Wray and Cybersecurity & Infrastructure Security Agency (CISA) Director Jen Easterly, seeking a federal probe, given the overwhelming evidence of this MAGA conspiracy and the recent evidence that they are using the stolen software and knowledge gained from it for potentially nefarious means.

"The people that got the software seem to be interested in further disrupting elections," Greenhalgh tells me today. "They already tried once to disrupt an election and impact the results in 2020 and we see that this is continuing. The software that was taken unlawfully in Coffee County, Georgia, showed up at CPAC [the Conservative Political Action Conference] CPAC last week, in a presentation by a bunch of conspiracy theorists making a lot of unfounded and really disturbing false claims about elections in it."

"We can see the software already being used for disinformation campaigns," she continues, "but it could actually be used for much worse, like to reverse engineer it and create malware to impact and potentially corrupt an election."

As the Los Angeles Times reported last week, Greenhalgh has now heard back from the head of the FBI's Public Corruption and Civil Rights Section, in a polite, if terse, four-paragraph letter [PDF] that seems to not only suggest that the FBI is not investigating the matter, but to do so they would have to receive a request from local or state officials.

That doesn't make much sense. This is a federal issue, if only because it appears to be conspiracy stretching across multiple states. Moreover, as Greenhalgh explains, such requests have been made, for example, by the State Board of Elections in Georgia.

So, what is going on here? Is the matter being probed by the feds, but the FBI is suggesting otherwise (since they may not wish to comment on ongoing investigations)? Is it not being probed at all, for some reason? If so, why not? And, why does all of this matter? Greenhalgh answers those questions and many others on today's BradCast!

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It's another news-packed BradCast today, including some details and context you likely have not heard elsewhere.

Among our many stories today...

• More war crimes by Russia, as the imperialistic aggressor nation launched a brutal, nationwide missile assault against Ukraine on Thursday. They claimed the bombardment was a "retaliation strike" for "terrorist actions" said to involve an attack by Ukrainian nationals who crossed the border into Russia's Bryansk region. There was no apparent evidence of such an attack as of this morning, but golly it must be bad when someone crosses your border to attack you.

• Donald Trump has been claiming he has a plan to end the war in Ukraine "immediately". He revealed his ingenious plan on Sean Hannity's radio show this week. Apparently, the secret is to allow Russia to "take over" parts of Ukraine. When Hannity aired parts of that radio interview on his Fox "News" show later that night, they conspicuously, and clumsily, removed that part of Trump's comments. We share the evidence today.

• It was efforts like that --- seemingly to protect the disgraced former President --- that helped Fox "News" find itself as defendant in a $1.6 billion defamation suit by Dominion Voting Systems which charges the Republican propaganda mill knowingly, and with "actual malice" lied about the company's voting systems after the 2020 election. The voluminous, well-documented allegations demonstrating that Fox knew it was lying about false fraud claims have been well covered elsewhere. But today we take a few minutes to share some specific thoughts from an attorney who predicts that Dominion will win their motion for Summary Judgement on liability in the case, leaving only the need for a jury trial on damages. It's actually less a prediction than a matter of law, according to the argument. We explain that argument today, as we haven't heard it offered broadly elsewhere.

• This week, Fox' Tucker Carlson has been busy attempting to rewrite the history of Trump's deadly January 6, 2021 insurrection as little more than a peaceful "sightseeing" tour by those who "revered" the Capitol. His laughable segments have been roundly criticized from all quarters and are based on what is purportedly previously unseen security camera footage from the Capitol given to him exclusively by House Speaker Kevin McCarthy. But, in addition to the evidence of the deadly riot that you have already seen with your own eyes, NBC News offered some previously unseen video today of the 1/6 trashing of a Republican Senator's office, by a guy who drove a stun gun into a police officer's neck that same day. Apparently, Tucker has yet to reveal that video to his viewers.

• Arizona's failed 2022 Republican Sec. of State candidate and 2020 election denier Mark Finchem was sanctioned by a state judge this week for "groundless" claims that he lost his 2022 election due to fraud. The judge ordered him to pay attorney fees for the winning Democratic Secretary of State and Gubernatorial candidates after noting that "none of Contestant Finchem’s allegations, even if true, would have changed the vote count enough to overcome the 120,000 votes he needed to affect the result of this election." Nonetheless, Finchem still refuses to concede and says he will appeal the court's decision.

• The three-year La Nina --- which increases Atlantic hurricane activity and worsens western drought, among other things --- is now officially over, according to NOAA. We explain what that means...and doesn't.

• Desi Doyen joins us for our latest Green News Report, with even more bad news than usual, most of which comes courtesy of the corrupt Big Oil industry.

• And, finally, just before our hour is up, breaking news out of New York suggesting the Manhattan District Attorney is on the precipice of filing criminal charges against Donald J. Trump...

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Yes, it's possible that two seemingly conflicting things can be true at once. On today's BradCast we report on two different cases where that is true, regarding Russia's war on Ukraine and Dominion Voting Systems' defamation case against Fox "News". [Audio link to full show is posted below this summary.]

First up today, on Presidents' Day, Joe Biden made a surprise visit to Ukraine to meet with its President Volodymyr Zelenskyy just days before the first anniversary of Russia's horrific invasion of its sovereign neighbor. It was also just days after Vice President Kamala Harris declared at the Munich Security Conference over the weekend that the U.S. believes Russia has committed "crimes against humanity" in their unlawful invasion.

In his remarks, President Biden described "a brutal and unjust war," as air raid sirens were heard during his visit to the Ukrainian capital. "One year later, Kyiv stands," said Biden after meeting with Zelenskyy at Mariinsky Palace. "And Ukraine stands. Democracy stands. The Americans stand with you, and the world stands with you." As we discuss, yes, it's possible to understand various diplomatic missteps taken by the U.S. and NATO in Eastern Europe following the fall of the Soviet Union, while still being able to hold the correct party accountable --- in this case, Russia --- for unjustifiable and continuing atrocities.

As yet another war in defense of democracy rages in Europe against a tyrannical autocracy, a decades-long champion of democracy in the U.S. and across the world is now in his final hours. On Saturday, the Carter Center in Atlanta announced that "After a series of short hospital stays," 98-year old former President Jimmy Carter has "decided to spend his remaining time at home with his family and receive hospice care instead of additional medical intervention."

We share some thoughts today on the legacy of our 39th President, including some of his comments last year on the first anniversary of the Donald Trump-incited Republican attempt to overthrow the U.S. Government on January 6, 2021. "One year on, promoters of the lie that the election was stolen have taken over one political party and stoked distrust in our electoral systems," Carter wrote at New York Times. "These forces exert power and influence through relentless disinformation, which continues to turn Americans against Americans."

The "relentless disinformation" of Fox "News" has been on full display for the past several days, following last week's redacted unsealing of Dominion Voting Systems' 192-page motion [PDF] seeking summary judgment in its $1.6 billion defamation suit against the right-wing fake news outlet. As the striking filing reveals in detail, Fox hosts and executives alike knew they were broadcasting fake, evidence-free claims of election fraud by Trump and his supporters following the 2020 election. They didn't much care. Instead, they feared losing viewers and chose to put company profits above both truth and the health of American democracy.

Dominion may prevail in this case. We hope they do. Even as we have been no friend to the company or any of the other oft-failed, private computer voting and tabulation firms over the past 20 years. In fact, some of the news misreported by Fox and Trump's supporters like Sidney Powell and Rudy Giuliani was taken directly from some of our accurate, exclusive reporting from years ago. But, again, two seemingly conflicting things can be true at once. Fox lied about election fraud and should be held accountable for that, and Dominion and other voting system vendors have repeatedly failed in American elections.

By way of fresh evidence to support that charge, we close with details on voting system failures in both New Jersey and California in November of 2022. In both cases, the systems ended up naming candidates who actually lost to be the winners and vice versa. In Monmouth County, NJ, the ES&S voting tabulators allowed duplicate votes to be uploaded to it twice. It wasn't discovered until last month. In Alameda County, CA, the tabulators were programmed incorrectly to do the impossible math of Ranked Choice Voting (RCV) elections in the Bay area. It was discovered in late December last year by a pro-RCV organization who happened to run the math on their own computers and discovered the error.

In both cases, the errors were discovered after losing candidates were certified as winners. How many places did that happen but wasn't ever discovered, because human beings rarely bother to count ballots to make sure the computers did so accurately. This is what comes of outsourcing public elections to private companies and running elections on computer systems that are virtually impossible to oversee by the American public.

Many more details --- and callers --- on all of the above on today's program!...

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We didn't learn much. But we learned a little. And the evidence, as discussed on today's BradCast, suggests there is much more to come. [Audio link to full report follows this summary.]

On Monday, Fulton County Superior Court Judge Robert McBurney ordered the partial release of the final report by the Special Purpose Grand Jury convened by Fulton County District Attorney Fani Willis last year. She is probing whether or not Donald Trump and his allies unlawfully pressured Georgia officials to change the 2020 Presidential election results to declare him the winner, despite his having lost to Joe Biden by about 12,000 votes.

Today, about five pages from that report were released, including its introduction, conclusion, and one section finding that "A majority of the grand jury believes that perjury may have been committed by one or more witnesses testifying before it."

After hearing "evidence from or involving 75 witnesses during the course" of their investigation, the 26-member panel (including three alternates) went on to recommend "the District Attorney seek appropriate indictments for such crimes where the evidence is compelling." They also determined "by a unanimous vote that no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election."

The portions of their report released on Thursday did not include any specific names, however, out of concern by both Willis and McBurney, of "fairness" to any potential future defendants. During the hearing on whether to release the report partially, in full, or at all, back on January 24, Willis asked McBurney to temporarily withhold the report "in the interest of justice and the rights of, not the state, but others," as she explained that charging "decisions are imminent."

Based on court documents, witness statements and other information, the Special Grand Jury, which completed its work in December, was believed to be examining phone calls made by Trump and others to Georgia officials, such as the notorious one from January 2, 2021, in which Trump was famously heard threatened the state's Secretary of State and instructed him to "find" enough votes to flip the election from Biden to himself; the state's 16 fake Republican electors who falsely declared themselves "duly elected and qualified"; false allegations of fraud presented to state lawmakers by Rudy Giuliani and others; Attempts to pressure election workers into falsely confessing to fraud; and the unlawful, secret duplication of voting system software by GOP operatives in rural Coffee County, among other things.

We're joined today for insight and analysis by KEITH BARBER, attorney and legal commentator formerly known as "KeithDB" at Daily Kos, who now writes at Medium. He explains that it was actually remarks from Judge McBurney on Monday, when ordering the partial release of the Special Grand Jury report, that leads him to believe the panel's full report recommends indictment of our disgraced former President.

"The biggest hint that it likely includes Trump is in the judge's decision ordering the release. In that decision," Barber explains, "the judge expressed special concern for the due process rights of potential defendants who did nothave an opportunity to testify before the grand jury. And, as we know, a whole lot of people testified, including Rudy Giuliani, Lindsey Graham, and many more. The one who did not have an opportunity to testify, who was never asked to, is Donald Trump."

In fact, as Washington Post observes, "At least 18 people have been notified that they are targets of the election interference investigation, according to court documents and statements from their attorneys." Giuliani has said he is one of them. The 16 fake electors were reportedly told the same. Who might the 18th be? Well, while Trump's legal team in Georgia stated that their client was never invited to testify, they refused to comment when asked if he'd been given notice by Willis that he's a target.

Another curious point we also discuss is that, despite Judge McBurney describing the full report as including "a roster of who should (or should not) be indicted, and for what, in relation to the conduct (and aftermath) of the 2020 general election in Georgia," the report's conclusion is on a page that is numbered as "9". Barber observes that a separate Special Grand Jury Report from 2012 [PDF], out of the state's DeKalb County, recommended charges for just one person. But that report was 83 pages in length. What does that mean? We discuss.

One potential explanation for the apparently short report from Fulton County, as I note, is that those that the Grand Jury recommendations for indictment may be listed in an Appendix to their report, which may come on pages numbered after the report's "conclusion" section.

We read those tea leaves and many others today, including why Willis' "imminent" charging decisions may be taking a while to become indictments. We also discuss the delightfully fascinating data point that Georgia's state Constitution bars the Governor (currently, Republican Brian Kemp) from issuing pardons. Only a state commission appointed by the Governor may do so, but only after the perpetrator in question has completed their sentence. Given that Willis may be working toward invoking the state's expansive racketeering statutes in this case --- which can add many years to state sentences when defendants are found to have participated in a conspiracy --- that could result in very long, unpardonable prison sentences for Trump, Giuliani, the fake electors (which included both GA's current Lt. Governor and the state's Republican Party chair) among others.

Also today, Desi Doyen joins us for our latest Green News Report on back-to-back disasters in New Zealand; more bad news for Antarctica's melting glaciers; and the bizarre flip of a switch that seems to have happened on Fox 'News' and (naturally) among Republicans regarding the horrific toxic chemical train derailment and explosion that happened about two weeks ago in East Palestine, Ohio.

Suddenly, they care about the health of nearby residents? The lack of regulations for the rail industry? (Which Trump rolled back after new rail safety rules were enacted by Obama, by the way.) They suddenly give a damn about the EPA not acting aggressively enough? Really? Well, not really, as we discuss before finishing off today with a few wise words on all of this from Trae Crowder, the Tennessee-born political comedian known as "the liberal redneck"...

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We're old enough at The BradCast to remember when Republicans used to at least pretend to believe in things like "personal freedoms." But, now that Florida's Gov. Ron DeSantis is preparing a run for President in 2024, things are getting mighty early 20th-century German-y these days down in the Sunshine State. [Audio link to full show follows below this summary.]

The recently re-elected Governor is on a roll. Most notably, over the past year or so, he has adopted a "Don't Say Gay" law, threatening school teachers with dismissal for referencing LGBTQ issues in public schools, and, more recently, his "Stop W.O.K.E. Act" to prevent discussion of race issues and other things that the all-mighty State decides may make the parents of a white, straight child uncomfortable. Also known (ironically enough) as the "Individual Freedom Act," a federal judge recently cited George Orwell's 1984 in describing the law as "positively dystopian" as it has resulted in the state-ordered banning of library books.

But DeSantis isn't cowed by courts of law or even public opprobrium. Last Friday, his State Department of Business and Professional Regulation (apparently, Republicans now love state regulations too?) filed a 27-page complaint against The Orlando Philharmonic Plaza Foundation, seeking to revoke their liquor license. Why? Well, last December, for the eighth year in a row, they featured a performance of the popular Drag Queen Christmas national tour and "violated Florida statutes" by allowing parents to bring their children, according to the state's complaint. (So much for "parental choice," which GOPers also used to pretend to believe in.)

Perhaps all of that wouldn't be so bad, if Floridians knew they could hold elected officials accountable at the ballot box. Sadly --- and predictably --- the Governor and his henchmen in the state legislator in Tallahassee are working to make that more difficult as well. Last year, DeSantis signed Senate Bill 524. In addition to giving him a personal special "elections crimes" police force (which he immediately abused by ordering the round-up of former felons at gunpoint and on camera for "voter fraud" even though most had been told by the state they were allowed to vote in 2020), the measure also mimics a law recently adopted by Texas that resulted in a huge percentage of vote-by-mail ballots being rejected in 2022.

The new provision mandates that vote-by-mail voters include a drivers license or social security number on their absentee envelope when casting their vote. However, there's no easy way for voters to know which one of those two numbers will match the number on their registration record and ballots will be rejected without a perfect match. The Texas version of the same law --- being pushed as "model legislation" by the far-right Heritage Foundation in several GOP-controlled states --- resulted in preliminary ballot rejection rates as high as 38% in several counties during last year's primaries.

Now, the bipartisan Florida Supervisors of Elections Association, comprised of elected county elections chiefs, are pushing back against the new law. They argue unanimously in a new report [PDF] that it will result in disenfranchised voters, as well as increased costs to counties and security issues for elections.

We're joined today by ION SANCHO, Florida's legendary, former Leon County Supervisor of Elections who served in the elected position for nearly 30 years before resigning in 2016. He explains the many concerns about the new measure and why it is that election officials around the state are so unanimously troubled by it.

"Even though a majority of the Supervisors of Elections are Republicans, they cannot stomach what they see the Florida legislature doing, because it's real simple --- it's not fair," Sancho tells me. "Every Supervisor of Elections in the state can see that this is simply a partisan attack on voters that the Governor is trying to suppress. That offends them."

The new law, he fears, will be "a logistical nightmare" for election officials. "This whole process --- that we carefully spent a decade building to ensure that legal voters could cast and have that ballot counted --- is under direct threat, and by individuals who haven't a clue about how Florida elections work. Because these recommendations came from Heritage Action, the political arm for the Heritage Foundation."

Sancho is hopeful that some of the Republicans in Tallahassee will listen to the elections officials. "Because where this will blow up, the first election under these new rules," will be the state's March 2024 Presidential Preference Primary, "where you've got to two apex Republicans, possibly, on the ballot. And you don't want that election to melt down. These rules could destroy the Presidential primary in Florida. And wouldn't that put some egg on DeSantis' face."

So well respected by his peers that he was selected by them to oversee the ultimately-aborted 2000 Presidential recount in the state, Sancho charges that "Governor DeSantis has really declared war on any human being that has a different political ideology than himself. It's shocking."

Nonetheless, DeSantis, after winning in 2018 by less than half a percentage point, was re-elected to a second term by a landslide last November, even as Republicans elsewhere in the nation had a very difficult election. Why did he do so well last year? Sancho offers his thoughts on that as well today. And, yes, it has to do with the "tremendous impact" of the Governor's new special election crimes police force and a resulting "complete collapse of African-American voting" last year in the state. But that, Sancho seems confident, is likely to turn around in 2024...at least if their votes are allowed to be tallied.

Please tune in for another very clarifying and compelling conversation/warning with the great Ion Sancho today!

Finally today, Desi Doyen joins us for our latest Green News Report, with news on a disturbing chemical train derailment in Ohio; catastrophic heat and wildfires in Chile; EU's successful move away from Russian fossil fuels; and some good news about this year's global investments in clean energy sources versus those in dirty, deadly fossil fuels...

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We've got another grab-bag for you on today's BradCast, from the new challenges faced by corporate media during a U.S. House controlled by GOP liars, to more evidence of the former guy's weaponization of the federal government, to still more voter fraud by wealthy white people in Florida.

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

• NBC's Chuck Todd, the usually milquetoast host of Meet the Press, actually stood up to a few lies by accomplished GOP liar Rep. Jim Jordan on Sunday. That is never easy, given the flurry of lies the Ohio Congressman is capable of spewing at light speed. But Todd, who traditionally allows rightwingers to get away with all manner of BS with little if any response at all, did an impressive job this week --- at least for a few minutes --- in calling out several of Jordan's patently false assertions attempting to equate Donald Trump's theft of hundreds of classified documents and refusal, for more than a year, to return them to the federal government, with the discovery by Joe Biden's attorneys of a few dozen such documents from during his Vice Presidency found stored by aides at his former office at the Penn Center and his home in Wilmington, Delaware. We share the tale of the tape.

• Jordan now serves as Chair of the House Judiciary Committee and its silly, newly formed select Subcommittee on "the Weaponization of the Federal Government". The new panel is meant to promote all sorts of QAnon and Fox "News" fantasies and victimization porn about the FBI and DoJ somehow having it out for Republicans. Or something. They will pretend to expose false claims such as the FBI paying millions of dollars to Twitter to censor and ban rightwingers during the Trump years. Or something. Will Democrats and our corporate media be up to the task of countering their nonsense over the next two years?

• If you're looking for actual "weaponization of the federal government", however, look no further than what the disgraced former President did with his appointment of DoJ weaponizer-in-chief Bill Barr as Attorney General. Late last week, the New York Times published a jaw-dropping exclusive on Barr's failed attempt at revealing "deep state liberals" at the FBI and DoJ with the appointment of John Durham as Special Counsel to "investigate the investigators" of Russia's well-documented plot to interfere in the 2016 election. After four years, Barr and Durham have found none of the corruption that Trump and Barr pretended was there. But they did, apparently, find evidence of financial crimes by Donald Trump that, until the Times report just last week, remained their own little secret. Paging Jack Smith.

• Speaking of lies propagated by rightwingers and the corporate media, you may recall that, during the runup to the 2022 midterms, allegations of rampant, out-of-control crime in big "blue" state cities was all the rage. Trouble is, that was mostly lies as well. Now, a new analysis puts some meat on those bones and dispels another longtime rightwing myth. As it turns out, murder rates in "red" states not only far exceed "blue" states, but that has been the case since at least 2000, according to evidence documented by the new report.

• Speaking of elections, yet another wealthy white vote fraudster has been arrested for double-voting during the 2020 election in Ron DeSantis' GOP enclave known as The Villages in Florida. He is the fourth, to date. And you won't believe how easy the penalty was for this guy who, like the others, purposely voted twice. Especially as compared to the people of color who were rounded up at gun point by DeSantis' new "Election Crimes and Security" police force just before last year's elections. Those rounded up and tossed in jail by the GOP Governor and Presidential hopeful's personal police squad were former felons who had apparently been allowed by the state to vote two years earlier, despite a loophole in a new law that bars some former felons from being allowed to vote. They had no idea they were voting unlawfully, unlike the white criminals in The Villages who got off with (less than) a slap on the wrist.

• And speaking of GOP election liars, Kari Lake, 2022's failed, Trump-endorsed gubernatorial candidate in Arizona who lost by 17,000 votes but is still pretending she won, may now be facing legal issues of her own. According to a complaint filed by the state's newly elected Sec. of State Adrian Fontes (D), in a letter sent to the state's newly elected Attorney General Kris Mayes (D), Lake violated state law by publishing the signatures of several voters on Twitter last week. Fontes is seeking a criminal investigation.

• Finally, Desi Doyen joins us for our latest Green News Report, as New Zealand is swamped by stunning, record rainfall; a new study finds building solar and wind projects is now cheaper than using existing coal-fired power plants; Tax payers in Pennsylvania are now on the hook for the clean up of thousands of recently discovered abandoned oil and gas wells; and the Biden Administration reverses a Trump scheme in Minnesota in order to protect a vast wilderness from toxic mining for the next 20 years...

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We're still fighting for accountability after all these years on The BradCast. So why should today be any different? [Audio link to full show follows this summary.]

We kick off today's program with a word or two on our 19th Anniversary of independent investigative journalism, blogging, broadcast, muckraking and trouble-making as we now officially enter our 20th(!) year of doing so at The BRAD BLOG! While I had some thoughts on all of that this morning at the blog, one point of particular pride remains the ongoing billion-dollar lawsuits by voting machine companies against Trump attorneys Rudy Giuliani and Sidney Powell (as well as Fox "News" and a bunch of their on-air hosts.) The reason for the pride is that no small part of the false claims made against Dominion and Smartmatic after the 2020 election by Trump's huckster attorneys spring directly from inaccurate interpretations of accurately reported exclusives at The BRAD BLOG many years ago, particularly in regard to American voting systems and Hugo Chavez.

By the time those defamation suits come to an expensive end, however, it's likely that both Powell and Giuliani will have been disbarred wherever they are currently still licensed to practice law. Just last month, for example, Rudy faced a hearing before the D.C. Bar Association where he is likely to be disbarred for the phony lawsuits he (and Powell) filed on Trump's behalf, falsely claiming fraud following the 2020 election.

Donald Trump's lawyers --- there are lots of them --- have been getting sanctioned in state and federal courts left and right over the past couple of years. But none, to my knowledge, have yet to be disbarred. That could be changing soon for both Giuliani and Powell. And, finally, as of last week, for John Eastman. He's the main attorney behind Trump's failed effort to have Vice President Mike Pence steal the election for him during the joint session of Congress on January 6, 2021, when Joe Biden's Electoral College victory was finally certified after the deadly insurrection at the U.S. Capitol.

Late last week, the State Bar of California announced that Eastman is being charged with "multiple disciplinary counts." He faces 11 charges arising from allegations that he "engaged in a course of conduct to plan, promote, and assist then-President Trump in executing a strategy, unsupported by facts or law, to overturn the legitimate results of the 2020 presidential election by obstructing the count of electoral votes of certain states." The Office of the State Bar's Chief Trial Counsel says he will seek disbarment of Eastman before the State Bar Court. This is serious stuff for an attorney.

We're joined today by former Utah Asst. Attorney General and former University of Utah associate law professor, MICHAEL TETER, who now serves as Managing Director for The 65 Project. The group, named for the approximately 65 failed lawsuits Team Trump filed after the 2020 election, describes its work as "a bipartisan effort to protect democracy...by holding accountable Big Lie Lawyers who bring fraudulent and malicious lawsuits to overturn legitimate election results, and by working with bar associations to deter future abuses by establishing clear standards for conduct that punish lies about the conduct or results of elections."

The group has filed ethics complaints against loads of scammy Trump attorneys across the country and, as Teter explains today, against elected officials who are also licensed attorneys, like Sen. Ted Cruz and Attorney General Ken Paxton, both of Texas, for their fraudulent legal efforts to steal the 2020 election for Trump and rob millions of Americans of their perfectly legal votes.

"It's a solid case," Teter tells me today, regarding the CA State Bar's case against Eastman. "There are no disputes about the facts, quite frankly. Everything that John Eastman was doing and engaging in in 2020 and early 2021 has been well-documented. Those efforts clearly violate the rules of professional conduct that every lawyer swears to abide by. There are no 'slam dunks' in this world, but I think this is a very strong case and the bar wouldn't have brought it forward if it didn't think so, as well."

We discuss how rare cases like these are --- or used to be --- and how much State Bars really aren't prepared for cases like these. It's one of the reasons, Teter explains, that it has taken so long to bring many of these Trump attorneys before the Bar.

"The disciplinary processes set up in the states are not set up in a way to protect democracy or protect the abuse of the legal system" the way Team Trump has abused it. Usually, he says, they examine one page complaints, where an attorney has overcharged a client or something. "The bars need to adjust their thinking and their approaches to make sure they are protecting democracy."

Teter argues that most of the cases brought by Trump and his attorneys after the 2020 election were never meant to win. They were simply meant to allow members of Congress and others to argue that the 2020 results were in dispute. "They knew they didn't have the law or the facts. They were using the court system as a political tool, as part of their propaganda."

"So when they lost these lawsuits it didn't create any disincentive to continue. They got out of them what they wanted," Teter explains. "These bar associations are not used to lawyers using the legal system in this way and they need to get caught up. They need to start thinking about the abuse of the legal system, the abuse of law licenses in this way."

We've got a lot to discuss today with Teter, including the remarkable number of Trump attorneys now facing court sanctions, disciplinary charges and potential disbarment. That, he says, has at least made it more and more difficult for Trump --- and his acolytes like failed 2022 Gubernatorial candidate Kari Lake in Arizona --- to find lawyers willing to represent them.

"MAGA has a new meaning now," Teter quips, "which is Making Attorneys Get Attorneys."

And finally today, as we're on the Trump Accountability beat again (was there ever a time when we weren't?), potentially good news out of New York today, where the Times reports that Manhattan District Attorney Alvin Bragg has begun presenting evidence to a grand jury seeking criminal charges against Trump himself, related to his hush money payoffs to porn star Stormy Daniels in the run up to the 2016 Presidential election...

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There's a reason I always warn, when reporting election results on The BradCast, that they have only been tallied by computers to date, and that errors in results often do not come to light until days, weeks or even months after elections...if ever. [Audio link to full show follows this summary.]

BUT FIRST UP TODAY... Some thoughts on the Bulletin of Atomic Scientists' 'Doomsday Clock' which was, this week, ticked forward from '100 Seconds until Midnight' to just '90 Seconds until Midnight.' The main reason for the move, the first since 2020, as explained by The Bulletin, whose esteemed scientists, diplomats and Nobel Laureates take such decisions quite seriously, is thanks to "Russia's war on Ukraine," its "thinly veiled threats to use nuclear weapons," and for "violating international protocols and risking widespread release of radioactive materials" in bringing "its war to the Chernobyl and Zaporizhzhia nuclear reactor sites."

In response to the metaphorical clock --- first unveiled at the dawn of the Cold War in 1947 --- being moved closer than ever to a proverbial 'midnight', when humanity destroys itself, a Kremlin spokesperson said Wednesday that the move was "really alarming." (Really? You were "alarmed" by this, Russia? Really?!)

That, on the same day that the U.S. and nearly a dozen European countries finally agreed to send modern battle tanks to Ukraine so the sovereign former Soviet nation can better defend itself from the grotesque, ongoing, hostile invasion by it's empirical neighbor.

We take the opportunity today to explain why --- amid our years of (continuing) anti-war advocacy --- we, nonetheless, support Ukraine's right to defend itself against Russia's war crimes; agree with critical support being supplied by fellow democratic nations against an autocratic invader; and how we see many of those on the supposed Left in the U.S. that are echoing Kremlin propaganda by, among other things, demanding Ukraine declare a ceasefire and negotiate with their invaders, have been unhelpfully (and wildly) misled.

THEN... Yes, we likely drive regular listeners crazy when reporting results after elections and offering the caveat, over and over again, that reported results in the immediate aftermath are wholly unverified and only tallied by computers --- either correctly or incorrectly --- and that there is no way to know for certain either way unless and until results of hand-marked paper ballots are examined by actual human beings.

Last week, more than two months since the November midterm elections, we finally learned that a computer tabulator mistallied some of the results in Monmouth County, New Jersey. The error appears to have resulted in at least one loser being named as the winner in a School Board race in Ocean Township. After a probe into "an unrelated issue" caused the County's Board of Elections to notice potential problems in the tallies, an investigation reportedly found errors in six voting districts across four municipalities.

One candidate named as a loser after November 8 last year appears to have won his race by a single vote after results were correctly re-tallied. But a bunch of races had been mistallied originally thanks to results from at least one precinct being uploaded more than once to the Election Management System's central tabulator from a USB memory stick.

While there is no evidence of nefariousness in the matter, a spokesperson from the County's private election vendor, ES&S (the nation's largest), attempted to downplay what happened as "a human procedural error". But the fact that it is even possible to upload the same results more than once without a system warning is disturbing. Longtime election and voting system experts have expressed horror at the problem, if not surprise, given the woeful state of NJ's post-election audit protocols and the nature of proprietary computerized voting system software.

Since the problem has come to light, one state lawmaker has called for passage of a measure that would mandate Open Source software on all voting and tabulation systems in the Garden State, along with the use of paper ballots at polling places. I explain today why Open Source systems (while a fine idea if we must tally ballots with computers) is no panacea, and why the state Senator's call for "paper ballots" --- as opposed to HAND-MARKED paper ballots --- will likely ensure that 100% unverifiable touchscreen voting systems, still shamefully used across most of the state at the polls on Election Day, will continue to undermine confidence in NJ elections.

FINALLY... Desi Doyen joins us for our latest Green News Report, with a spate of troubling new studies on the deteriorating state of our climate, but also with a number of stories detailing some good news, of late, in response to it!

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On today's BradCast we focus on two different rightwing scammers: The Heritage Foundation and George Santos. [Audio link to full show is posted below this summary.]

The Heritage Foundation's decades-long effort to suppress the vote received a multi-million dollar boost following the 2020 election. Also, there is some new news today on what appears to be a fairly huge campaign finance violation by newly-elected Republican pathological liar, Rep. George Santos. But is it possible that Santos' scam is larger than anybody seems to yet appreciate?

We're joined today to discuss both scammers by BRENDAN FISCHER, one of the nation's foremost campaign finance experts who now serves as Deputy Executive Director for Documented, an investigative watchdog and journalism organization.

For some time, Fischer's group has been digging into and exposing the multi-state, multi-million dollar campaign by the rightwing Heritage Foundation's political action offshoot, Heritage Action. The "dark money" group has been pushing new voter suppression bills through swing-state legislatures with copy and paste "model legislation" in the wake of false claims of fraud in the 2020 Presidential election. Their work is often disguised --- as Executive Director Jessica Anderson was caught boasting to donors about in a 2021 video tape --- to have that "grassroots, ya know, from the bottom-up type of vibe."

Documented recently unearthed Heritage's four-page "Election Integrity Plan" [PDF] from 2021. It details the effort to push restrictions on voting through state legislatures after "in some cases, we actually draft" the bills for them, as Anderson, a former Trump official, is seen bragging to donors on that tape.

"Iowa's the first state that we got to work in," she explains, "and we did it quickly and we did it quietly. Honestly? Nobody noticed!" Anderson also cites "eight key provisions" the group supposedly was able to get into Georgia's controversial 2021 voter suppression measure, SB202, which was quickly signed into law --- supposedly at Heritage's urging --- by Gov. Brian Kemp.

IA and GA were two of "19 states [that] passed 34 laws restricting access to voting" in 2021, according to the Brennan Center for Justice that year, more than in any year since they began tracking such legislation in 2011.

Earlier this month, in addition to obtaining and publishing Heritage Action's "Election Integrity Plan", Fischer joined with Ed Pilkington at The Guardian to detail the organization's previously-unreported tax filings from 2021 [PDF], detailing more than $5 million in outside lobbying services in at least 24 states. That, after spending $0 on outside lobbying the previous year. The anti-democracy "dark money" outfit also spent more than $6 million on contractors for "marketing and advertising" in 2021, a substantial increase from the year before. The expenditures including more than a million dollars spent in support of GA's bill alone. In all, as Fischer and Pilkington report, Heritage's "Election Integrity Plan" earmarked at least $24 million to push these measures in at least eight swing-states over the past two years.

In addition to efforts to adopt restrictions on voting in the states, Heritage also worked to block legislation that would protect voting rights at the federal level. "The millions of dollars that Heritage Action spent in 2021 included substantial expenditures to pressure [Senators Joe] Manchin and [Kyrsten] Sinema in order to not reform the filibuster and thwart democracy reform legislation," Fischer tells me today.

"In West Virginia, in particular, they also did it with drummed-up fake grassroots activity," he explains. "Heritage Action and other groups organized buses to bus activists from out of state to West Virginia for a rally that was intended to 'save the filibuster' and protest Manchin's potential openness to changing the filibuster rules." It worked. Manchin and Sinema refused to reform the Senate's anti-democratic filibuster rule to pass the landmark Freedom to Vote Act in 2021. That measure would have been the most comprehensive voting rights and campaign finance reform measure since the 1960s. And, yes, as Fischer notes, the bill would have also "ended dark money!"

We've got a lot more to discuss along those lines with Fischer today. But, as long as he was here, there was an unrelated matter I wanted to get his thoughts on.

On Tuesday night, newly elected Republican Congressman and unrepentant liar George Santos amended several of his campaign finance disclosure documents. Santos had previously claimed in FEC disclosures that he had loaned his own campaign some $700,000. That was already suspicious, given that two years earlier, Santos claimed to have been making about $50,000/year. But, as The Daily Beast's Roger Sollenberger noticed on Tuesday, his amended forms now claim the funds did not come from him personally --- though they don't explain where the money actually did come from. Any campaign donation that large from someone other than the candidate would be an unlawful contribution.

While the Santos campaign seems to be admitting to what Josh Marshall characterizes as "major crimes" in their new filings, I have a different, completely ridiculous, couldn't-possible-be-true theory to ask Fischer about today: Is it possible that nobody actually gave $700,000 to Santos' campaign? That it was a paper claim only? There was no such loans at all?

Of course, that seems absurd, but this is George Santos we're talking about. More to the point, it should be noted that last year Sen. Ted Cruz (R-TX) successfully won a case at the corrupt U.S. Supreme Court which held that personal loans made to campaigns by candidates could actually be paid back after the election, in unlimited amounts, by anyone else. Lobbyists, etc. Is it even possible that Santos could have claimed to have made those personal loans to his campaign but that no money was actually ever given to his campaign at all? Allowing him to be "repaid" later by others after the election? It would certainly be a swell way for a wayward conman like Santos to make a cool $700,000, no?

I pose the question about this to Fischer with the full expectation that I'll be told there's no way something like that could have happened without it being discovered by officials long ago. Tune in to hear his response...

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Some tea leaf reading was necessary on today's BradCast, but it's our consensus that the news out of a hearing today at the Fulton County, Georgia Superior Court is encouraging. [Audio link to full show is posted below this summary.]

BUT FIRST TODAY, maddeningly, we've got to run through the litany of mass shooting over just the past 24 hours or so, following the horrific massacre over the weekend at a dance hall in Monterey Park, near Los Angeles. Since covering that shooting which resulted in 11 dead and 9 injured on yesterday's program, the massacres --- most apparently carried out with semi-automatic weapons and extended magazines that allow at least 30 rounds to be fired in seconds --- have continued. Two more in California. Another in Iowa. Another in Washington state. Republicans continue to send their thoughts and prayers. Democrats continue to try and actually do something about the epidemic.

AND SPEAKING OF EPIDEMICS, apparently the mishandling of classified documents by former Vice Presidents is a bit of an epidemic. Today, it was Mike Pence's turn to announce that his attorneys found "a small number of documents bearing classified markings" stored at his new palatial home in Indiana. While CNN's report compares the situation to Joe Biden's in paragraph 3, one must read all the way to paragraph 13 before the former President is mentioned.

You may remember him. He's the one who, literally, stole hundreds of classified documents comprising thousands of pages, on purpose, when he left the White House. He then repeatedly refused to return them to federal government officials (to whom he lied) for more than a year, despite the government begging him to return them and being forced to subpoena them, before finally taking them by force via a federal search warrant finding probable cause that multiple crimes were under way by the former President.

Once again, we've got to provide appropriate context to the story today since corporate media continues to fail to do so. In brief, the Pence and Biden cases are ones in which they discovered they had several documents they shouldn't have had in their possession, likely stored there by aides without their knowledge. After discovering them, the former Veeps then notified authorities and returned the documents. That, of course, is nothing like the felony crimes that Donald Trump pulled off and, apparently, continues to pull off even today, with dozens of classified documents still known to be missing.

Our friend Marcy Wheeler, investigative national security journalist, provided a handy chart today to help a few of our failed corporate media friends out when attempting to report on these apparently totally confusing matters...

NEXT, we move to the fascinating --- and encouraging, we think --- hearing at Fulton County Superior Court today. Two weeks ago, a Special Process Grand Jury convened by Fulton County D.A. Fani Willis completed its work and was dissolved. After eight months of investigation and some 75 interviews with subpoenaed witness, the panel completed a report and submitted it to Willis and Superior Court Judge Robert McBurney. While Special Process Grand Juries in GA, unlike regular Grand Juries, are not empaneled to issue indictments, they may recommend such indictments in their final report.

The panel has been investigating efforts by Trump and his supporters after the 2020 Presidential election to strong-arm state officials into stealing results on his behalf after he narrowly lost in the Peach State. The probe was kicked off by Willis shortly after the release of Trump's infamous, January 2, 2021 phone call to GA Sec. of State Brad Raffensperger, asking him to "find" 11,870 votes "one more than we have" to steal the election for Trump and threatening the Secretary with legal action if he failed to do so.

In addition to that, the Special Grand Jury is believed to have been investigating calls made by other Trump allies to state officials; false allegations of election fraud proffered to state legislators; attempts to threaten and pressure poll workers into falsely confessing to fraud; the 16 Georgia Republicans who falsely claimed to be "duly elected and qualified" electors; the abrupt resignation of Trump's U.S. Attorney in Atlanta; and the unlawful breach and duplication of voting system software and data in rural Coffee County (as originally reported in detail on this program.)

Nobody other than Willis and McBurney (and the Special Grand Jurors) know what is in their report, but the panel requested that it be made public. Today's hearing in Atlanta was convened to determine if that would happen in full immediately, in part immediately, or not at all until sometime in the future. Willis and her office argued against immediate public disclosure of report, offering some tasty morsels as to why.

"We think, for future defendants to be treated fairly, it's not appropriate at this time to have this report released," Willis told the Judge. "At this time, in the interest of justice and the rights of, not the state, but others, we are asking that the report not be released because you, having seeing that report... [pause]...decisions are imminent."

What does that mean exactly? We discuss. Along with the counter arguments from an attorney representing media outlets such as the Atlanta Journal Constitution, New York Times and Wall Street Journal who argued today for the immediate public disclosure of the Special Grand Jury report. "We believe the report should be released now and in its entirety," argued the media intervenors' attorney, Tom Clyde. The question is difficult, given the rarity of Special Process Grand Juries in GA and the extraordinary circumstances of what they've been investigation. Judge McBurney is now considering his options. Willis is free to move ahead with indictments at any time, no matter what is ultimately decided about the report.

FINALLY TODAY, Desi Doyen has our latest Green News Report, with news on California's recently disastrous string of punishing storms; a new report on whether off-shore wind power is killing whales off the U.S. northeast coast; the high cost of weather disasters in the U.S. in 2022; and some good news for manatees off the coast of Florida...

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Is there any amount of blatant corruption that would result in Ohio voters finally turning against Republicans? As we discuss in detail on today's BradCast, state GOP lawmakers seem to really be testing that question at this point. [Audio link to full show is posted below this summary.]

But, first up, speaking of testing voters, the Treasury Department made it official today. The U.S. Government has now hit its current, statutory borrowing limit. We are now officially using "extraordinary measures" to continue paying our bills to avoid defaulting on our debts. But that can only go on for so long. At this point, according to Treasury's best guess, the U.S. will see its first-ever default "before early June" unless House Speaker Kevin McCarthy and his Republicans in Congress cast a simple vote to raise the amount we are allowed to borrow so that we can pay for all the stuff that Congress and Presidents of both parties long ago agreed to pay for.

It's not hard. It's been done about 80 times since the 1960s, mostly without a problem. But now, with a Democrat in the White House and radicalized Republicans in control of the U.S. House, GOP hard-liners seem determined to play a dangerous game that could result in a national or even world-wide recession or depression. They are pretending to care about the national debt, after years of voting to increase spending while reducing revenue with huge tax cuts for corporations and the wealthy. Their performative actions now --- as they hold the nation hostage, demanding cuts to Social Security and Medicare --- will only make the national debt worse. Will voters remember, the next time they go to the voting booth, the damage the GOP seems hell-bent on causing?

We can only hope there will be some not totally insane, "moderate" Republicans left in Congress to join with Democrats to end this madness before its too late, because nobody knows how bad the damage will soon be if they don't. They are likely to run this up to the wire. Again. So, buckle up.

Meanwhile, there's Republican-controlled Ohio, with its totally not insane, supposedly "moderate" Republican Governor, Mike DeWine. He just signed legislation, passed by the GOP state legislature, redefining natural gas --- one of the worst causes of global warming --- as "green energy" under state law. Not insane or corrupt at all, right?

As it turns out, DeWine and state Republicans, once again, seem to be participants in another dark money corruption scandal courtesy of the fossil fuel industry. That, as the state's Republican former House Speaker, Larry Householder, begins his $60 million federal bribery trial next week. That, after Householder, former Ohio Republican Party chair Matt Borges, three others and a dark money political group controlled by Householder participated in "an elaborate scheme, secretly funded by FirstEnergy, to secure Householder's power, elect his allies, pass legislation containing a $1 billion bailout for two aging nuclear power plants, and then vex a ballot effort to overturn the bill with a dirty tricks campaign," according to prosecutors.

Householder shepherded the 2019 passage of the bill to bailout the nuke plants (and a coal-fired power plant) owned by FirstEnergy, a huge energy and fossil fuel conglomerate based in Akron. The bailout was to have been paid for with an additional fee on the utility bills of Buckeye State rate payers, according to the legislation that was signed be DeWine just hours after passage.

And now, it seems, DeWine has done it again. This time on behalf of the natural gas industry. But, why not? Last November, Ohio voters said they didn't mind all the corruption. DeWine easily won a second term in office and state GOP lawmakers increased their super-majorities in both chambers of the legislature.

But, just in case the voters get wise, DeWine recently signed a major overhaul of state election laws, implementing a series of new restrictions on voters. One of those restrictions, however, will make it more difficult for active-duty military members overseas to cast their votes without being disenfranchised. Oops. Military families are said to be furious. But do Republicans actually care about that either? Why would they?

Finally, Desi Doyen joins for our latest Green News Report with more details on DeWine's friendly payback to the natural gas industry; the European Union's new plan to try and compete with renewable energy incentives in the U.S. adopted last year by Democrats; and Germany's recent crack down on anti-coal protesters...

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What a way to "celebrate" Martin Luther King Day this year on The BradCast. Fifty-eight years since the passage of the Voting Rights Act and 10 years since the rightwingers on the U.S. Supreme Court gutted one of its central provisions, our even farther rightwing courts now appear to be gunning for much of the rest of the landmark civil rights voting law. [Audio link to full show is posted below this summary.]

First up today, while GOP-appointed federal judges are finding new ways to allow racial discrimination at the voting booth, Republicans --- including a top election official in upstate New York, and the wife of a U.S. House candidate in Iowa --- are nabbed by the Justice Department for committing mass vote fraud with absentee ballots.

The DoJ announcements in those cases come after a year in which Republicans filed a record number of anti-voting lawsuits --- in hopes of preventing (certain) voters from voting and/or having their votes counted as cast --- under the pretend guise of fighting fraud. They also come just days after Ohio's supposedly "moderate" GOP Governor signed new legislation to make it more difficult for (certain) voters to vote at all in upcoming elections.

Voting rights advocates in the Buckeye State charge the new measure will create barriers to the ballot for the elderly, rural voters and members of the military. But if it makes it more difficult for minority voters to vote, it may soon be impossible for groups like the League of Women Voters or the NAACP or the ACLU to file lawsuits charging violations of anti-discrimination laws under the Voting Rights Act.

When SCOTUS gutted Section 5 of the VRA in 2013 --- the part that required new election laws in jurisdictions with a history of racial discrimination at the polling place to be precleared by federal authorities before they could go into effect --- the rightwing majority on the High Court claimed the provision was antiquated and no longer necessary. Besides, even though thousands of discriminatory laws had been blocked by Section 5 since 1965, there was always Section 2, which blocks racially discriminatory voting laws in all 50 states.

After all, as an ACLU attorney was forced to point out during a federal appeals court hearing this week: “For over 40 years, dozens of federal courts have heard hundreds of Section 2 claims brought by federal plaintiffs.”

Unfortunately, that lawyer was defending the use of Section 2 before a three-judge panel, where she had to add that, “In that time, not one court denied the plaintiffs their day in court because of a lack of private action.”

The hearing in question came this week after a lower, federal district Court judge in Arkansas tossed out a challenge to a new state House district map implemented by state Republicans. The map includes 11 black majority districts, when the population of the state suggests there should be 16 such districts.

But Judge Lee Rudofsky, a Donald Trump appointee, dismissed the challenge to the new map, declaring that Section 2 of the VRA does not allow private individuals and groups, like the ACLU or NAACP, to file suit against such laws. Only the U.S. Attorney General may do so, he held.

As our guest explains today, Rudofsky's court "the first court in the history of the country to find that there is no private right of action" in Section 2. For a host of reasons, it's an absurd argument. And yet, this week at the U.S. 8th Circuit Court of Appeals, according to CNN, two of the three judges on the appeals panel (all of them are Republican appointees) appeared open to the idea that there is no right to private action under Section 2, because the federal statute doesn't specifically say as much. Never mind that private parties have been suing for decades under Section 2, including at the U.S. Supreme Court, where the Justices never said a word against it.

We're joined to explain this newly-attempted GOP voter suppression nightmare by JONATHAN TOPAZ, the ACLU Voting Rights Project staff attorney who served as the trial attorney on the initial case that was tossed by Judge Rudofsky last year.

"I think it's hard for most people to fathom that this is a question that needs to be litigated in 2023," Topaz tells me. "There have been hundreds of cases over the course of Section 2's history litigated by private plaintiffs, and many of those cases --- at least 10 at the Supreme Court, and at least 18 in the 8th Circuit where we were arguing earlier this week --- were brought by private plaintiffs."

"Congress had opportunities --- in 1982 when they amended the Voting Rights Act, as recently as 2006 when they reauthorized the Voting Rights Act --- to correct any mistakes it saw out there as private plaintiffs brought cases across the country, which would have been purportedly in open defiance of what Congress had intended, and Congress never saw fit to correct anyone," he explains.

Topaz goes on to cite a case as recently as 1996 when "five justices of the Supreme Court --- so, a majority --- held that there was a private right of action under Section 2 of the Voting Rights Act." Of course, our newly corrupted, stolen, and extremist rightwing majority on the High Court has had no trouble of late reversing its own precedents whenever they feel like it. So this case, which will almost certainly end up at SCOTUS no matter what happens at the 8th Circuit, could tee up a potentially near-fatal blow to the already teetering VRA.

"Section 2 is one of the crown jewels of American legislative history," Topaz argues today. "It's one of the finest statutes ever passed. Section 2 is absolutely essential in terms of ensuring equal voting access around the country. And we will do everything we can do defend it."

In the meantime, as he observes, this particular fight has prevented the courts from deciding on the merits of the original case, which means that --- even if it's ultimately settled at SCOTUS in favor of the ACLU --- "there will have been several elections taking place with discriminatory maps in Arkansas."

In 1957, in his "Give us the Ballot" speech eight years before passage of the VRA, MLK reportedly said: "So long as I do not firmly and irrevocably possess the right to vote I do not possess myself. I cannot make up my mind --- it is made up for me. I cannot live as a democratic citizen, observing the laws I have helped to enact --- I can only submit to the edict of others."

Happy Martin Luther King Day. It's on Monday.

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As the ingenious GOP on GOP rebellion continues in the U.S. House today, we cover that and some clarifying new insights from the 2022 elections regarding the "red wave" that never came (as we long told you it wouldn't) on today's BradCast. [Audio link to full show follows this summary.]

Day 2 of the GOP Rebellion Without Any Actual Cause That I Know Of continued on Wednesday, with Republicans failing on Ballots 4, 5 and 6 to secure a majority of votes of those present and voting for any candidate for House Speaker. The Democratic nominee on every ballot, their new leader Hakeem Jeffries, continued to be the top vote-getter in every round, receiving a unified 212 votes on each ballot.

On the GOP side, their leader Kevin McCarthy received just 201 votes on each of Wednesday's three ballots, down one vote from the third vote yesterday and still well shy of the 218 votes needed for a majority. The new trick today from the Republican "rebels" was nominating African-American second-term back-bencher Byron Donalds of Florida to be Speaker even though (or, perhaps, because?) he pleaded guilty to felony bribery charges back in 2000 in a scheme to defraud a bank. A bit on-brand for today's GOP but otherwise perfect for the job!

There were a few tiny nuances and the slightest movement (away from McCarthy and toward the Gaetz/Boehbert-led rebel group of 20) in the afternoon's three rounds of voting. We'll see what, if anything, happens when they reconvene for an evening session at 8pm ET on Wednesday night. (They just reconvened. The GOP moved to adjourn until Thursday at noon, and won that chaotic vote by the barest of margins.)

But, hey, so far, for two days in a row, the GOP House has been unable to do any legislative damage to the country!

Next, it's on to our guest today, the great TOM BONIER, master Tweeter and CEO of the Democratic data research firm, TargetSmart. Bonier joined us on the program a number of times since late last summer, in the run-up to the 2022 elections and in the days that followed. He was one of very few publicly on record (along with Simon Rosenberg of New Democrat Network) who presented hard data that correctly countered the false "red wave" narrative promulgated in the months before last year's November midterms.

Over the weekend, the New York Times ran a 4,000-word analysis headlined "The 'Red Wave' Washout: How Skewed Polls Fed a False Election Narrative". It explores no small amount of what we'd been trying to tell you since early last spring. Namely, that Democrats were likely to do much better than both history and professional pundits were telling you, and that, as Bonier and Rosenberg detailed in the face of mockery by some last year, the polls late in the season were actually misleading voters.

Specifically, as the paper reports, beginning in September last year, a bevy of partisan Republican polls with dodgy methodology were released, almost all suggesting the GOP was on the verge of not only a "red wave" election but a "red tsunami". The partisan numbers, cited with great excitement by rightwing media outlets initially and then by non-rightwing media, seemed to conflict with polls from most legitimate, nonpartisan polling outfits. But the public release of a ton of partisan polling served to game the polling averages at highly-trafficked forecast sites like 538 and RealClearPolitics. More disturbingly, the skewed numbers resulted in Democratic campaigns changing strategies and spending in hopes of shoring up otherwise safe seats, while abandoning races --- such as U.S. Senate contests in Wisconsin, Ohio and North Carolina and a bunch of House districts around the country --- that were almost certainly otherwise winnable.

Why did this happen? Was it a concerted strategy by Republicans to game the public polling averages? And, if so, why did the supposed polling gatekeepers --- like Nate Silver at 538, who dismissed and mocked folks like Bonier and Rosenberg for relying on "hopium" in their accurate data analysis --- fail to protect against the partisan manipulation? Also, while the Times analysis suggests otherwise, did those false numbers actually serve to goose Dem turnout in some races last year?

In short, when I ask Bonier directly today if Republicans figured out last year how to game the polling averages, he responds, "Yes. Simply, yes. That's what happened. And it couldn't have happened without others playing along with it and empowering it."

"In the end, they were successful," he tells me. "Were they successful to the point where they were able to create a red wave? No. But they were successful to the point where Republicans won some races that I don't think they would have without this happening."

So, what to do about it moving forward? We dig into details on that and much more with Bonier today, and also get his insight into whatever the hell is going on in the Republicans' dumpster fire failure to select a House Speaker to begin the 118th U.S. Congress after two days (and counting) of trying...

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Well, we're back on today's BradCast --- like it or not --- after our holiday break, with a head cold (but not COVID) and a doozy of a day in Washington D.C.! [Audio link to full show follows this summary.]

For the first time in 100 years, the party in charge of the U.S. House --- which would theoretically now be the Republicans --- adjourned on the first day of the new, 118th Congress without electing a House Speaker.

After three ballots in which he failed to win the 218 votes needed, Republican Majority Leader Kevin McCarthy of California actually lost one of his votes on the third ballot to Republican Jim Jordan. The Ohio right-winger received 20 votes in the third round of voting, even after he had actually been the one to nominate McCarthy on the second round. And even after McCarthy had desperately attempted to broker deals for votes up until this afternoon.

On all three ballots, Democrats remained unified behind their new leader, Hakeem Jeffries of New York. He received 212 votes to McCarthy's 203 in the first and second round. McCarthy won only 202 on the last ballot before Republicans decided to adjourn for the day and regroup before trying again tomorrow. While Jeffries won more votes than anyone else on all three ballots, a majority of members present and voting is required to win the Speakership. That number today --- and presumably tomorrow --- is 218.

Without a Speaker, no business in the House can proceed. Given the silly business planned by the GOP majority in the House, that's no great loss. Back in December of 1855 it took until February of 1856 for a speaker to be chosen. But since the Civil War, there has only been one time until today --- way back in 1923 --- that the majority party was unable to elect a Speaker without multiple ballots. It remains to be seen how long it will now take Republicans to select a Speaker this time, as at least 20 GOP "rebels", led by Florida's Rep. Matt Gaetz, appear to be "Never Kevins" for the time being, with no particular Plan B in sight.

House Dems, of course, are eating it all up, as they should. We'll see how it goes tomorrow.

Also today, we catch up with a few items we missed while away over the holidays. Specifically, some of the remaining statewide contests in Arizona, one of which was still somewhat up-in-the-air before we left in the formerly "red" state.

Over the holidays, the GOP's gubernatorial candidate and Donald Trump "Mini-me", Kari Lake, saw her election challenge dismissed by a Maricopa County Superior Court Judge after she was certified to have lost by some 12,000 votes out of more than 2.5 million cast. Her victorious opponent, Democrat Katie Hobbs, was sworn in as the state's new Governor on New Years Day after receiving a generous hand-written note of welcome from her not-insane Republican predecessor, Gov. Doug Ducey.

But the incredibly tight Attorney General's race in the Grand Canyon State was still facing an automatic recount through the holidays after Democrat Kristin Mayes was certified as having defeated 2020 election denier Abe Hamadeh by just 511 votes.

At year's end, the state's mostly machine-recount wrapped up, with Mayes remaining victorious over the Republican by 280 votes. That's actually a fairly sizeable vote shift for a machine-recount, with most of the changes being attributed to "human error" in the original count in Republican-heavy Pinal County.

Hamadeh, like Lake, vows to continue to challenge the results. Nonetheless, Democrats in the state were sworn in to office for Governor, Sec. of State and Attorney General on January 1. Arizona's Democratic U.S. Senator Mark Kelly was sworn in for his first full six-year term today in D.C. after also winning election in the state in November, as the fall-out and disarray from the Trump Era for Republicans continues from D.C. to Phoenix and beyond.

Happy New Year!

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While Special Counsel Jack Smith is said to be investigating the Trump-incited January 6 insurrection at the U.S. Capitol and the his fake electors plot to try and steal the 2020 election, among other things, there is a still-ongoing, post-2020, multi-state plot, coordinated by Trump's top MAGA lieutenants that the Feds don't yet seem to be probing. Our guest on today's BradCast is trying to change that. [Audio link to full show follows this summary.]

For the better part of this past year, we've have been closely reporting on the bizarre plot uncovered by frequent guest and longtime election integrity expert Marilyn Marks during the lawsuit filed by her group, Coalition for Good Governance, seeking to replace Georgia's 100% unverifiable touchscreen voting systems with hand-marked paper ballots.

Marks recorded a phone call she received last year from an Atlanta businessman who, essentially, confessed to a scheme that has since been revealed to have been overseen and paid for by disgraced Trump attorney Sidney Powell. It involved the Board of Elections and local Republican Party officials in right-leaning Coffee County, Georgia allowing a team of computer wonks to make copies of the County's proprietary voting and tabulation software, including the sensitive Election Management System, manufactured by Dominion.

Thanks to GA's Republican Sec. of State Brad Raffensperger, every county in the state is forced to use the same vulnerable, unverifiable voting systems. Making copies of those systems in one County essentially offers a blueprint for how to disrupt elections in various ways in every County in the state. Moreover, those systems are also used in jurisdictions in at least a dozen other states. Cybersecurity experts have described the Coffee County breach as extremely worrisome.

Nonetheless, until the scheme was exposed by Marks, Raffensperger's office appears to have been covering the entire thing up. And, even after it was exposed, his office --- including one of Raff's top lieutenants, Gabe Sterling --- continued to deny any of it had happened.

"Even recently, there was people saying, 'We went to Coffee County and we imaged everything,'" Sterling declared at an election forum at the Carter Center in Atlanta last April, before falsely adding: "There's no evidence of that. It didn't happen." But it absolutely did happen, as security camera video from the Coffee County Board of Elections offices, also obtained via Marks' lawsuit, subsequently made abundantly clear. The plot even involved a number of well-known MAGA Mobsters, such as Doug Logan, CEO of the Cyber Ninjas outfit that later carried out the phony post-2020 "audit" in Arizona last year.

Voting system software breaches similar to the one in Coffee County were also carried out and reportedly overseen by Powell, in several others states, including Nevada, Michigan and Colorado. As the Washington Post confirmed again this week, the stolen software "was then uploaded to a website, from where it was downloaded by election deniers across the country."

Despite all of this disturbing evidence, federal authorities do not appear to have even begun to probe these coordinated plots which, as our guest today confirms, can really be considered a crime still in progress, since the copied software can be used to undermine upcoming elections, for example, in 2024.

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit good government group, Free Speech for People, to discuss the 14-page letter [PDF] that she and more than a dozen of the nation's top cybersecurity and voting system experts sent this week to Special Counsel Smith, Attorney General Merrick Garland, as well as the Directors of both the FBI and Cybersecurity and Infrastructure Security Agency (CISA), seeking a federal probe of the coordinated, ongoing plot.

"Now that they have the software," Greenhalgh explains today, "they have all the elements of the voting system, from the poll pads to the election management system which aggregates and reports totals, and everything in between. They can create their own election system and probe it to find out how it's vulnerable, and also develop ways that they can exploit those vulnerabilities. They can decompile the software to study the source code and understand how they might create malware that could get in and wreak havoc with the way the votes are counted."

Remember, these software breaches happened in most cases with the cooperation of insiders, local election officials who have direct access to these systems. Greenhalgh notes that "malware can be designed to be undetectable in many ways. So if you wanted, you could use it to disrupt an election so that people can't vote, or you could do it in ways to disrupt and manipulate or tamper with an election that is not visible to outsiders. Or you could just use the software to create disinformation campaigns and say 'I can show you how this election system was compromised and why it counts incorrectly'," even when it hasn't.

"We don't even have to imagine that because that's already been done," she continues. "That was by Matt DiPerno, the guy who ran against [Democrat] Dana Nessel for the Attorney General position in Michigan. He's also quite a famous election denier. He had a copy of voting system software that was obtained extra-legally in Michigan and put it on machines and put up videos that said, 'This is how we can manipulate these systems.'"

Greenhalgh details other ways in which these breaches are so troubling to the experts signed on to FSFP's letter; explains whether there is any evidence that the breaches were used to exploit systems in 2022; responds to remarks from the GA Sec. of State's office attempted to conflate real, longtime election security and voting systems experts with the MAGA conspiracy theorists and election liars; discusses how the Coffee County breach appears to have been covered-up by Raffensperger and other Georgia officials; and details why the lack of a federal investigation continues to threaten future elections, including the Presidential contest in 2024.

"The chance of manipulating elections going forward is very real," she warns.

Also today...since we could use some dumb news to offset that very disturbing story, 2024 Presidential candidate Donald Trump is now in the business of ripping off his supporters with hilarious, $99 digital trading cards in which he is illustrated as a super hero! Get yours today! Before they run out!

And finally...we close with Desi Doyen and our latest Green News Report, including troubling news from NOAA on the worsening effects of climate change in the Arctic; the existential threat to the world's forests of rapidly expanding oil and gas exploitation; and the EU's decision this week to institute the world's first carbon import tariff...

It's another busy day on The BradCast! Enjoy!

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(P.S. We're off tomorrow for more dental adventures, but will be back next week to cover the House January 6 Committee's finale and more before our holiday break!)

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