Today was Election Day in a bunch of states across the U.S. Important contests and ballot measures were before voters in this off-year election, including in Ohio, Virginia, Pennsylvania, Kentucky, Mississippi, parts of California and elsewhere. And, as covered on today's BradCast, things did not go well for voters in parts of at least two of those states on Tuesday. [Audio link to full show follows this summary.]

• As we reported at The BRAD BLOG earlier today in some detail, new, unverifiable touchscreen voting machines made by ES&S were reportedly flipping votes in Northampton County, Pennsylvania. This wasn't the type of "flipping" that we've seen many times in the past, where the screens on the voting system are not calibrated correctly and when one tries to select a candidate, a different one gets highlighted instead. This was quite different.

  At a number of precincts across Northampton, a largely suburban enclave outside of Philly, when voters selected either "Yes" or "No" in a statewide retention election for each of two judges (one D and one R), everything presumably worked as expected. But if voters chose "Yes" for one of the judges and "No" for the other, their votes would get reversed to the opposite selections. Making matters worse, the computer printout of those votes would be reversed, while the screen itself would show the voters' actual selections.

  Back in 2019, as we reported at the time, just after the ES&S ExpressVote XL systems --- wildly expensive computerized electronic pencils --- were first purchased for use in Northampton, there were a number of candidates who learned after the election they had received ZERO votes on them. That, of course, was not true, and the paper printouts from the systems were eventually used to discern what were believed to be the correct results of the elections. But, of course, there is no way of knowing if the printed paper records were actually accurate, whether voters bothered to verify them, or if they did so correctly even if they tried to. That's just a few of the problems with every touchscreen Ballot Marking Device (BMD) used across the country. (For example, every voter at every polling place in the entire state of Georgia is still forced to use similarly unverifiable BMD systems made by Dominion Voting Systems.)

  Shamefully, after the 2019 disaster, PA's Northampton County didn't dump the machines then and there and move to verifiable hand-marked paper ballots instead. Today, those same systems melted down for voters again. And, perhaps even more shamefully, the County officials who approved them for use in the first place were blaming everybody but themselves for it, including election officials and ES&S. Perhaps most shameful of all, one of the candidates who, in 2019, was reported to have received "zero" votes in his election at the time for Northampton County Judge, but later found that he had actually won the election, presided over what to do about today's mess. After the problems came to light, he was the Northampton County Judge who, rather than ordering a move to hand-marked provisional paper ballots, instructed election officials to continue using the machines despite the fact that they were reversing votes.

  One local outlet reporting on the mess described today's "solution" to the problem this way: "In cases where the error would pop up for the retention question, the county would flip the results during the post-election canvass." (!!!)

  As noted, this is just a mess. Much more on all of this on today's show. And, I suspect, we'll be covering it more in the days ahead. Let's hope there are no close elections either statewide or in Northampton when PA results are tabulated tonight.

• Also today, it is being reported that, according to several nonpartisan voting rights groups, "an extraordinarily high number" of voters in the zip code of Ohio State University never received their requested absentee ballots by mail. The state held a critical election for a Constitutional measure today to protect abortion rights, as Republicans in the state, including its Sec. of State Frank LaRose, have pulled out all the stops to block the Amendment from passage (including recently purging 26,000 voters quietly from the rolls after the election had already begun.) There is also a proposal to approve recreational marijuana on Tuesday's ballot. Once again, the results, whatever they may be, better not be close, or there will be some hell to pay in the Buckeye State, I suspect.

• In Wisconsin, Republicans appear to be working hard to ensure chaos for next year's critical Presidential election in the Badger State. State Assembly speaker Robin Vos, last week, advanced 15 articles of impeachment against the state's top election official, as part of their years long effort to blame someone --- anyone! --- for Donald Trump's 2020 loss in the battleground state.

• And, speaking of 2020, Mark Meadows, Trump's former Chief of Staff and current co-defendant in the conspiracy case against them and 17 others for attempting to steal the Presidential election in Georgia, is being sued by his own book publisher. The publisher, All Seasons Press, claims that Meadows' reported cooperation in Special Counsel Jack Smith's federal indictment against Trump for his attempt to steal the 2020 election, contradicts Meadows claims in his book that the election was "rigged" and "stolen". ASP is now suing Meadows for millions. And it's hilarious.

• Finally, Desi Doyen joins us for our latest Green News Report, as Australia braces for another record bushfire season amid an El Nino; October 2023 is officially declared the hottest October ever recorded on the planet; Michigan enacts sweeping climate and environmental legislation; and President Biden unveils the nation's largest investment in rail travel in 50 years...

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Unfortunately, this "programming error" being reported during today's off-year elections in Pennsylvania is hardly the first time that these terrible touchscreen voting systems made by ES&S and shamefully still used in Northampton County --- just outside of Philly --- have failed during a critical election day.

As reported this morning by the Lehigh Valley News...

This is only "relatively minor" for those who continue to support using unverifiable, computerized touchscreen voting systems rather than simple, verifiable, hand-marked paper ballots, which appear to have saved the day here (hopefully), in any case...

Tomorrow is a so-called "off-year" election in a number of states. But several of those elections may tell us quite a bit about the 2024 elections, and not necessarily in the way you may think, as reported on today's BradCast. [Audio link to full show follows this summary.]

Among today's stories...

• First up, some quickish news updates. Donald Trump took the stand on Monday in court in Manhattan for three and a half hours of contentious testimony in his losing battle to save his fraudulent company and his children's inheritance in New York State's $250 million fraud lawsuit against them for falsely inflating Trump Organization assets to the tune of $2.2 billion dollars each year from 2011 through 2021. He's already lost the case. Now the question is how much it will cost him (and his children.)

• Next, a few quick updates on Israel's relentless war against the people of Gaza following the Hamas attack against Israel on October 7, which killed at least 1,300. Now, more than 10,000 have reportedly been killed in response in Gaza, including more than 4,000 children. Calls for a ceasefire are getting louder in the U.S. and around the world. The Biden Administration's calls and Sec. of State Antony Blinken's shuttle diplomacy in the region for a "humanitarian pause" to speed additional humanitarian aid into Gaza and allow the release of some 240 hostages, have yet to gain much traction from Israel's hard-right government.

• Then, it's on to Tuesday's elections, first with a focus on two Gubernatorial contests in the Deep South, with one popular incumbent Democrat (Kentucky's Andy Beshear) seeking a second term, and another Democrat (Mississippi's Brandon Presley) vying for a long-shot victory now that his state, where 40% of the population is black, has finally done away with a Jim Crow law that has dampened African-American turnout for generations.

• We discussed the critical fight for control of the Virginia Senate and House of Delegates last week with former VA Delegate Mark Levine. But it was worth revisiting today for a reminder of how much is stake in the Commonwealth on Tuesday, including the right to abortion, which its Republican Governor, Glenn Youngkin, is vowing to restrict if he can hold the House and flip just two seats in the Senate on Tuesday. Every seat in the General Assembly is up for grabs this year, in what is likely to be seen as a bellwether ahead of the 2024 Presidential contest.

  But the biggest battle of the day is likely to be Ohio's Constitutional amendment to protect reproductive freedoms. Republicans are pulling out all the stops to lie, cheat and, yes, even steal it if they must, to block the popular ballot initiative in hopes of instituting a six-week ban on abortions in the Buckeye State with no exceptions for rape or incest. To that end, Republican Sec. of State and U.S. Senate nominee-wannabe Frank LaRose recently purged some 26,000 voters from the rolls. He did so after overseas and military voting had already begun (which would have been unlawful during a federal election) and without giving a heads up to voting rights groups as he has in the past. Those nonpartisan groups have frequently discovered and prevented thousands of errors in such purges. Last week's shocker, as discussed on Thursday's show, wherein I learned from an obituary on the Internet that I had died (even though, I assure you, I haven't) is a reminder of how easy it can be to wrongly remove "dead" voters from the roles who are, in fact, quite alive. At least when you do it as LaRose has done. But, of course, that's why he did it.

  And, in what may be a bit of a sleeper "bellwether" for next year's elections, one county in Northern California may be bracing for potential political violence, as rightwingers in Shasta County are insisting on hand-counting ballots after prematurely ending their contract with Dominion Voting Systems. But the elected registrar --- the only county-wide elected Dem in the County --- believes it wise to follow state law and tally with new Hart-Intercivic tabulators instead. Tune in for details. And keep your eyes on Shasta over the next few days, as we will.

• Then we close by taking a few calls from listeners on some of the above today. Buckle up! Not as much for today's show or our callers, but for tomorrow's otherwise low-key, but critical elections around the country...

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A bad day in court for the former President is a good day for America and democracy. Happily, as reported on today's BradCast, it was a very bad day for the former President. [Audio link to full show follows this summary.]

Rudy Giuliani's attempted election theft sidekick, rightwing media darling, accomplished liar and opportunistically Christian Trump attorney Jenna Ellis offered a teary apology-ish in an Atlanta courtroom today, as she threw Rudy under the bus and pretended to be contrite for helping him and Donald Trump try to steal the 2020 election in Georgia.

Ellis was allowed to plead guilty to a single felony charge (she was originally charged with two) in Fulton County District Attorney Fani Willis' sprawling racketeering conspiracy indictment [PDF] against Trump and 18 co-defendants. She will receive no jailtime if she follows the terms of her plea deal and cooperates with prosecutors against her fellow co-defendants, which include Trump, Giuliani, Mark Meadows, John Eastman and others.

The manipulative Ms. Ellis (pictured above either crying or smiling following her remarks to the judge on Tuesday) boasted just last month about raising more than $200,000 for her legal defense in the case, which she characterized as "the criminalization of the practice of law" by a "weaponized government."

On Tuesday, however, she suddenly decided to claim "deep remorse" and that she should have made sure "that the facts the other lawyers alleged to be true were in fact true." She told the judge through her tears: "I believe in and I value election integrity. If I knew then what I know now, I would have declined to represent Donald Trump in these post-election challenges."

And you shouldn't believe her for a second, as discussed today. Ellis is the fourth co-defendant to plead guilty in Willis' case, and the third attorney to do so after Sidney Powell and Ken Chesebro last week. To date, all have avoided any jail time...as we discuss as well.

Elsewhere, on a very Trumpy news day (sorry, not sorry)...

• Moments before midnight last night, at the deadline for pre-trial motions, Trump filed a flurry of desperate pleadings in the felony indictment case against him by Special Counsel Jack Smith in federal court in D.C. for efforts related to his attempt to steal the 2020 election, including the January 6 insurrection. TPM's David Kurtz has an excellent quick round-up of the filings; former U.S. Attorney Barb McQuade characterizes them as "all losers"; and our friend Marcy Wheeler of Emptywheel offers the shortest, sharpest round-up of the pleadings which appear destined to fail miserably.

• In a New York state courtroom on Tuesday, where Trump, his company and his two eldest sons face the loss of their fraudulent business empire in Attorney General Letitia James' civil case against him, Trump's former attorney and fixer Michael Cohen testified --- as Trump glowered from the defense table --- that, when he worked for the Trump Organization he was "tasked by Mr. Trump" to inflate the value of company assets to "whatever number Trump told us." The judge in the case has already found Trump et al guilty on the key fraud claims brought by James. Several other issues and the final size of the judgement against the defendants remain at stake. Also, the question of whether Trump and his attorneys will be sickened by COVID again.

• In Congress, Republicans in the U.S. House spent the last two days selecting their newest Speaker Designate after moving to fire Kevin McCarthy three weeks ago. On Tuesday, after five rounds of voting in a close-door conference meeting, House Republicans selected Majority Whip Tom Emmer (MN). A few hours later, after being attacked by Trump, Emmer --- following in the footsteps of Steve Scalise and Jim Jordan before him over the past two weeks --- dropped out of the running. And we're back to square one with no Speaker and a House that is unable to do any business until the GOP can grow up and govern before next month's deadline for a full government shutdown.

• And, in one more Trump-related story from Friday. A state judge in Colorado rejected three different attempts by the disgraced former President to dismiss a lawsuit charging that he is ineligible to appear on the state's ballot next year under Section 3 of the 14th Amendment, the "Insurrection Disqualification Clause". The filings from both Trump and the Colorado GOP were all but laughed out of court by the judge. The trial in the matter begins in state court next week!

• Finally, Desi Doyen joins us for our latest Green News Report. The good news: Trump's name doesn't come up. The bad news: Pretty much everything in our latest Green News Report...

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That's two. And this is a big one, as discussed on today's BradCast with someone who helped make it happen. [Audio link to full show follows this summary.]

Former Trump attorney Sidney Powell pleaded guilty in Fulton County, Georgia today. She was the second of 19 co-defendants to do so in District Attorney Fani Willis' sprawling racketeering indictment [PDF] against Donald Trump and his alleged co-conspirators who tried, but failed, to steal the 2020 Presidential election in the Peach State.

Powell is, perhaps, most notorious for her so-called "Kraken" lawsuits filed after 2020, which she promised would expose evidence of massive Democratic fraud in several states. Her suits includes no such evidence and were all quickly dismissed. Her claims, for example, that dead Venezuelan President Hugo Chavez was somehow involved in stealing the election with voting machines --- in which Powell bastardized and misused some of my own accurate exclusive reporting on Dominion Voting Systems circa 2010 --- all turned out to be false.

But, as our guest today helped reveal earlier this year, Powell also organized and paid for a scheme to breach proprietary statewide voting system software in Coffee County, unlawfully make copies of it and distribute it across the Internet to sources still unknown. She was indicted by Willis on 7 felony counts related to that plot and, today, pleaded guilty to 6 misdemeanor charges that would keep her out of jail and on probation for 6 years, with the requirement that she cooperate fully with prosecutors and testify truthfully against her 17 remaining co-defendants still facing felony charges. Scott Hall, an Atlanta bail bondsman who initially confessed to the plot in Coffee County during a recorded phone call to frequent BradCast guest Marilyn Marks, as first aired on this program, pleaded guilty earlier this month and is also cooperating with prosecutors as part of his plea deal.

We're joined today for both a bit of a victory lap and a very serious warning by SUSAN GREENHALGH, longtime election integrity expert and Senior Advisor on Election Security at the non-partisan Free Speech for People. With Marks, whose Coalition for Good Governance has a long-running lawsuit against GA Sec. of State Brad Raffensperger, seeking to replace the state's touchscreen voting machines with hand-marked paper ballots, Greenhalgh helped reveal that the plot to breach the voting systems in GA was actually part of a broader, multi-state conspiracy hatched during an infamous December 18, 2020 meeting with Trump in the Oval Office. In addition to Powell, co-defendant Rudy Giuliani, disgraced former National Security Advisor Michael Flynn and others on Team MAGA were there that night, hoping that Trump would issue an Executive Order for the military to seize the nation's voting machines. Instead, they settled on the Coffee County scheme and others like it in several other states.

"We know that [Powell's] been involved in voting system software breaches in other states, like in Michigan," Greenhalgh explains today. "But Sidney hasn't been charged there. It's important to keep in mind that this was a networked, coordinated, multi-pronged plan to get access to voting systems in multiple states that she was a part of, and she really shouldn't escape responsibility for her role in those alleged criminal activities in other states."

Greenhalgh recently co-wrote a piece at Slate, calling on the U.S. Justice Department to launch a probe into the multi-state scheme which, she explains today, still poses a very serious threat to the 2024 elections. "Suppose there was a plutonium laboratory that had a robbery, and your local police prosecuted the thieves and the people that let them in. You wouldn't expect them to stop there. You'd expect the feds to go out and find out who got the plutonium and what was the plan to do with it. That's the kind of investigation that we need right now."

For today, at least, the guilty plea by Powell was good news. Marks called it "eminently important...for raising public awareness of the seriousness of the offense that puts Georgia’s 2024 elections at risk because Powell’s team released Georgia’s software into the wild."

As we've discussed with Marks on the program many times, however, Raffensperger has taken no action and has arguably helped cover up the Coffee County breach from the jump. "While Georgia’s Secretary of State has turned a blind eye and declined to either investigate or mitigate this massive security failure," Marks said in a statement today, "at least DA Willis is holding some of the ring leaders accountable in ways that will certainly expose other actors’ wrongdoing in this unlawful attempt to subvert the 2020 election."

For her part, Greenhalgh says today that, though she "was surprised at how lenient the deal is", she is hoping that Powell's guilty plea is "really going to bring the goods" on the multi-state plot and, of course, the involvement of higher-ups in the food chain like Trump and Giuliani.

Greenhalgh encourages listeners to contact their members of Congress to insist they take action on the ongoing threats posed to our voting systems by the breaches in Coffee County and elsewhere before 2024.

Given the mind-blowing and ongoing dysfunction in the GOP-run U.S. House right now, however, amid the Republican Party's continuing inability to choose a Speaker --- as we also discuss on today's show --- it's unlikely that there will be any kind of hearings or anything else there for quite some time.

Finally today, Desi Doyen joins us for our latest Green News Report, with bad news for snow crab fans; a decades-long scheme by the natural gas industry to cover-up health concerns about gas stoves; and some potentially encouraging news regarding both solar energy and U.S. climate goals...

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As the headline suggests, we've got a bunch of different odds and ends and follow-ups and codas to share with you on today's BradCast, along with, several new stories and even a musical ending to it all. [Audio link to full show follows this summary.]

Among today's stories...

• Trump advisor Peter Navarro was found guilty by a jury in D.C. on Wednesday on two counts of Contempt of Congress for refusing to answer his House January 6 Committee subpoenas for testimony and documents. It's the second such conviction for a scofflaw Trump apparatchik. Last year, Steve Bannon was found guilty of the same crimes and sentenced to 4 months in prison. He remains out on appeal. Navarro is expected to appeal as well. We wish them both nothing but luck in their continuing efforts to evade the Rule of Law on behalf of the disgraced former President and continuing con-man.

• Just a friendly reminder, because I haven't seen it covered much in the wake of the recent small plane death of former Vladimir Putin-ally turned short-lived Russian mutineer Yevgeny Prigozhin. I just wanted to make sure this factoid doesn't fall down the Memory Hole of History: On the day before last year's mid-term elections in the U.S., Prigozhin admitted, for the first time publicly, that Russia had, in fact, "interfered, are interfering and will interfere" in U.S. elections. Yes, in addition to heading up the brutal Wagner mercenary group in Ukraine and elsewhere, being known as "Putin's Chef" and eventually failed mutineer, he was also the guy who finally admitted to having interfered in U.S. elections. He was charged by Special Counsel Robert Mueller in 2018, for having done so in 2016.

• Following Hurricane Idalia's landfall in Northern Florida last week, it's become clear that a radical new anti-immigrant law signed by the state's Republican Governor Ron DeSantis earlier this year will hamper rebuilding and recovery efforts in the Sunshine State. While damage from Idalia was intense, it made landfall on a sparsely populate part of the state. Next time, Florida may not be so "lucky". In not-unrelated news for the U.S. East Coast, the huge Hurricane Lee has now intensified to a Category 4 today as it nears the Caribbean.

• A couple of weeks ago, we covered yet another case of voter fraud by a White Republican Trump donor after James Saunders, a 56-year old Ohio attorney, was convicted of unlawfully voting in both Florida and the Buckeye State in the 2020 and 2022 general elections. Last week, he received Ohio's maximum sentence of three years in prison. The judge sent him immediately to jail following his conviction without allowing him to remain free pending appeal.

• In yet another new case of GOP election fraud last week, Alabama state Rep. David Cole was arrested and charged with voting in "multiple or unauthorized locations" after law enforcement officials determined the District 10 lawmaker actually resided in District 4 in violation of state law. He faces up to 10 years in prison for his crimes, though --- in a turnabout for GOPers these days --- Cole who was elected to public office last year, had the decency to resign following his arrest and says he plans to plead guilty.

• We've been spent quite a bit of time over the past year and a half on both The BradCast and at The BRAD BLOG covering the alarming, unlawful breach, copying and distribution of Georgia's statewide voting system software by a bunch of MAGA folks on January 7th, 2021 in rural Coffee County. The scheme was allegedly organized by Trump attorney Sidney Powell after being hatched in the Oval Office in December of 2020. Powell and three others were finally charged by Atlanta-area D.A. Fani Willis for their parts in the plot, in Donald Trump's sprawling, 41-count RICO indictment [PDF]. We helped break some of the story last year and have been covering in detail it ever since, including yesterday with guest Marilyn Marks, the woman who first revealed the breach after learning about it via a bizarre phone call she received from one of the participants (who has also since been charged.)

  But there is another, less reported aspect to all of this, with no small amount of irony. Two of those charged for key roles in the plot, the County's then GOP Chair Cathy Latham and then Election Supervisor Misty Hampton, were also part of a voter suppression cabal in the heavily Republican County where about a quarter of the population is Black. In fact, for years, the pair had helped to bring false voter fraud charges against County Commissioner Olivia Coley Pearson, a Black Democrat, for her terrible habit of helping folks get to the polls when they need assistance. As CNN's Elle Reeve details in an excellent report this week from on the ground in Coffee County, there is good reason that some refer to it as "Crooked Coffee"...even before the massive Republican election fraud breach carried out by Hampton, Latham and many others.

• Next up, Desi Doyen joins us for our latest Green News Report following a record brutal summer across the globe. But she also has some good news, such as the Biden Administration's effort to reverse Trump's oil drilling up in the previously pristine Alaska National Wildlife Refuge (ANWR).

• Finally, we close out Labor Day week with a new tune from musician and longtime labor advocate Billy Bragg, who says he was inspired by "the ghost of Woody Guthrie" to respond to a song named Rich Men North of Richmond by Virginia-based singer Oliver Anthony after it recently went viral in GOP circles. Bragg's new tune in response is called Rich Men Earning North of a Million and it has a very clear message and solution for Anthony "and people like you."

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It's been a few months since she's been on BradCast, but she returns today, for the first time since the sprawling RICO indictment against Donald Trump and 18 co-conspirators for attempting to steal Georgia's 2020 Presidential election. The indictment includes charges based on a phone call she received --- and was smart enough to have recorded --- from a Team Trumper who essentially confessed to the now-notorious breach of the state's voting system software in Coffee County. She deserves, and receives, a bit of a victory lap today, while breaking still more news about the breach which, she warns, has yet to be investigated by the state's Secretary of State or its Board of Elections in advance of 2024. [Audio link to full show follows this summary.]

But first up today, a few somewhat related items...

A federal judge ruled Wednesday that E. Jean Carroll's upcoming civil trial against Trump will only be on damages --- how much he will have to pay the former magazine columnist who accused him of raping her in the 1990's and then lying about her years later. A civil trial that ended in May found Trump liable for sexual assault and defamatory remarks made about Carroll in 2022. Today, the judge found that the previous finding of assault and defamation already establish Trump's liability regarding defamatory comments he made about her in 2019, while serving as President and, therefore, the only question to be resolved in this separate suit is how much he will have to pay her. She is seeking not less than $10 million in this case and the judge has allowed her to add defamatory comments Trump made about Carroll on a CNN Townhall the day after he was found liable in the earlier case.

Picking up on our detailed coverage on yesterday's show of the various chief election officials around the country now grappling with whether Trump is even eligible for the 2024 ballot next year, based on his violation of the U.S. Constitution's "Insurrection Disqualification Clause" (14th Amendment, Section 3), the nonprofit Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit challenging Trump's eligibility for the ballot in Colorado on Wednesday on behalf of six Republican and unaffiliated voters there. The matter is likely to move quickly all the way to the U.S. Supreme Court, given that the state must settle its 2024 Primary ballot by January 5th!

A hearing was held on Wednesday in Fulton County, Georgia in Fanni Willis' RICO case [PDF] against Trump with co-defendant attorneys Ken Chesebro (alleged architect of the fake electors plot) and Sidney Powell (alleged organizer of the Coffee County voting system software breach) each seeking to be tried quickly and alone. The judge appears to have agreed on "quickly", setting a trial date for both beginning on October 23. But he he denied their motion to have their cases severed from each other. Still to be determined, however: the question of whether all 19 co-defendants must be tried at the same time, as Willis' team argues, given that guilt for any one defendant in the covert actions listed in the RICO charge (Count 1 of 41) means that all co-conspirators are guilty under state law. Prosecutors told the judge today that they expect the trial to take at least four months and will include more than 150 witnesses. (One of whom might be our guest on today's show!)

At the same time, a filing last week in the case by Powell claims she had nothing at all to do with the scheme to unlawfully breach, copy and distribute Georgia's state voting system software in the rural, Republican-leaning Coffee County. A report last week at the Atlanta Journal Constitution, however, which (literally) has the receipts, suggests otherwise.

But all of that --- including the receipts --- is only known publicly thanks to our guest today, MARILYN MARKS of the small, critical non-profit, Coalition for Good Governance. As first aired on this program in May of last year, Marks received a phone call from an Atlanta bail bondsman named Scott Hall, who, essentially, confessed to the entire Coffee County scheme. That is how we even know that the breach happened at all, and why four people involved with it --- one of whom is Powell, another of whom is Hall --- were charged last month in the scheme that still endangers elections both across the entire state of Georgia, where the same systems will be used again next year, and in more than a dozen other states.

Marks explains today how Hall originally "confessed" to the breach after calling out of the blue to bully her into turning over documents from her long-running civil lawsuit which is challenging the use of GA Sec. of State Brad Raffensperger's unverifiable, wildly insecure touchscreen voting systems. Hall claimed he had actually "hacked" into her group's legal documents.

"Instead of slamming the phone down, which was my first inclination, I instead decided to go into playing the sweet little old lady mode," Marks explains today, noting that she "kept him on the phone for about an hour" before he "just blurted out" the fact that he and other MAGA folks were allowed in to the Coffee County elections building to scan, image and copy everything. Two local officials, Coffee's then Election Supervisor Misty Hampton and the County's GOP chair Cathy Latham, have also been indicted in the same RICO conspiracy. (In addition to helping facilitate the software breach, Latham is also charged for her role as a fake elector in Georgia.)

Marks quipped that Hall has likely by now "realized that he, unlike Trump, had not made a 'perfect phone call."

In the meantime, Marks warns that, despite the indictments, the threat posed by the breach has still not been fully investigated by either federal or state officials. Two and a half years since the breach, which she believes Raffensperger learned of almost immediately afterward and has been covering up, "the Secretary and State Election Board have not even begun an investigation of Coffee County," Marks emphasized, telling me that "there are so many people that were involved in the Coffee County Breach that have not been held to any kind of accountability."

"What they did was just turn the criminal aspects of this over to Georgia Bureau of Investigation," she asserts. "But they are doing nothing at all. They have not even conducted one interview. They have not picked up the first piece of paper. They have not done anything to consider what are the impacts on the voting system? What are the impacts for future elections? How did this go wrong? What kind of better rules should have been in place? What kind of reporting structure should we have had? They have still not put in a single rule or requirement for reporting a security incident. If Coffee happened today, they would not have to report it."

That, Marks warns, remains a serious threat moving forward, especially since the software still remains in the wild and Raffensperger has refused to install Dominion touchscreen voting system security patches certified by the U.S. Election Assistance Commission (EAC) and strongly recommended by the U.S. Cybersecurity and Infrastructure Security Agency (CISA) in the wake of the January 7th, 2021 breach in Coffee County until after the 2024 elections.

Marks' long-running lawsuit seeking to replace Raffensperger's Dominion touchscreens with verifiable hand-marked paper ballots is finally set to go on trial in January. "We are really looking forward to putting on all of this evidence," she tells me, after explaining why the Coffee County breach is so key to her case. "And, certainly we are hoping for a decision that will at least protect the November elections for 2024. After all, these breaches that happened in Coffee County --- they are still ongoing."

"Remember, all that software was posted on the Internet. Lots of people took it. Nothing has been done to mitigate it. So, if you think about it, every day that people have their hands on that software, sharing it with others, the breach continues."

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We're back! Both on today's BradCast and even in L.A., after fleeing the state last month to avoid weeks of construction on the roof of the apartment housing our home studio. To no one's surprise, the work is taking longer than we were told, so please pardon our efforts this week to work around it as best as possible after taking last week off to both avoid it and to enjoy the last days of Summer 2023 before the 2024 fight for Democracy (represented this year by Democrats) and Autocracy (represented by a lawless Republican party) begins in earnest.

Among our stories today...

• Enrique Tarrio, former head of the far-right Proud Boys gang was sentenced to 22 year in federal prison on Tuesday following his conviction for Seditious Conspiracy for his role in the January 6th, 2021 U.S. Capitol insurrection. It's the longest sentence for any of the MAGA insurrectionists to date. Also, of note, Tarrio wasn't even in Washington D.C. that day. Point taken: One didn't need to be personally smashing windows and storming the Capitol to be held to serious account for what happened that day. Got it. Hopefully other jurors in other upcoming related cases will get it as well.

• The federal Courts are still holding. Mostly. For now. On Tuesday, a three-judge panel found that Alabama Republicans blatantly defied an order from the U.S. Supreme Court to add another Black-majority district to their U.S. House map. The SCOTUS order to do so --- after finding the state violated both the U.S. Constitution and Voting Rights Act with their racially gerrymandered districts --- came in Allen v. Milligan [PDF] in early June. Alabama didn't care. In an unprecedented move, they gave the finger to the Court and drew up a new map with the very same deficiencies featuring just one Black-majority district out of seven, in a state where some 27% of residents are Black. The federal court panel has now assigned a Special Master to draw U.S. House districts for the state, after a lawless Gov. Kay Ivey joined with lawless legislators in the gerrymandered statehouse to defy SCOTUS, the Rule of Law and the U.S. Constitution. Alabama is now appealing the ruling to the same U.S. Supreme Court Justices who rejected their arguments barely three months ago.

• The story is similar in authoritarian Governor and Presidential candidate Ron DeSantis' lawless state of Florida this weekend. In this case, a state court judge on Saturday ordered the state legislature to draw a new U.S. House map restoring a Black-majority district in Northern Florida that DeSantis had personally ordered state lawmakers to break into pieces and divvy up its Black voters into White Republican districts. The weekend's court order would seem to be good news. However, the State will now appeal the ruling directly to its Supreme Court where DeSantis has hand-picked a majority of the Justices. As we have long been warning, the fight between Democracy and Autocracy (or Fascism, as one of our longtime listeners insists), continues into 2024.

• Next, I finally catch up with a bunch of news on a growing story --- some of which we've been discussing over the past two years --- that I've otherwise been trying to get to for weeks, but for all of the various indictments, hurricanes, wildfires, debates, etc. continually sidetracking me. The news has to do with the continuing feeling I have that Donald Trump will ultimately not be on the ballot come next November. As noted, that's not a prediction or an inside scoop. It's simply a feeling for now, but one that I can't shake as an increasingly swelling body of evidence seems to support its possibility.

  Today, that evidence includes polling last month finding nearly two-thirds of Americans say they will either "definitely" (53%) or "probably" (11%) not support Trump in 2024. Might such numbers begin to grab the notice of Republican Primary voters? (So far, the answer is largely no. But we've got a long way to go --- and a lot of criminal trials --- before the GOP's nominating convention next July.) There are already a number of high profile Republicans calling on Trump to drop out of the race or noting that he very well may be Constitutionally disqualified entirely from the ballot.

  It is that part of this story today --- disqualification from the ballot via Section 3 of the 14th Amendment of the U.S. Constitution for his role in the January 6 Insurrection --- that we focus on today. Namely, the far-right, Federalist Society legal scholars who recently issued a 126-page law review paper [PDF] finding Trump to be Constitutionally ineligible for the ballot --- "cannot be president --- cannot run for president, cannot become president, cannot hold office" --- due to his roll in the January 6 insurrection.

  And now, there is a host of state Secretaries of State --- both Republican and Democratic --- around the country who are currently or soon to be grappling with the decision as to whether Trump is even eligible to be on their state ballots in 2024.

  Among those Secretary of State's discussed today, after they recently offered various opinions on the matter: New Hampshire's David Scanlan (R); Ohio's Frank LaRose (R); Arizona's Adrian Fontes (D), New Mexico's Maggie Toulouse Oliver (D); Maine's Shenna Bellows (D) and Michigan's Jocelyn Benson (D). (Benson gets credit for the first part of today's headline. REO Speedwagon gets credit for the alternate hed.)

  I welcome your feelings on this matter as well. Feel free to drop me an email or a note in comments and perhaps I'll share it on air in the days ahead.

• Finally, Desi Doyen is back as well, of course, with our latest Green News Report, catching up with a bunch of stuff we missed while we were out, and as the Summer of Climate Disasters turns to...well, most likely the Autumn of Climate Disasters...

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Today's BradCast might be best summarized by matching up the mugshots and court appearances this week (most of them just today!) of Republican attorneys who are being held accountable for felony crimes, most related to election fraud. [Audio link to full show follows below this summary.]

From left to right of the rogues gallery pictured above...

• Ohio attorney and Trump donor James Saunders was found guilty on Tuesday of two counts of election fraud for having voted twice, once in Ohio and once in Florida, in both the 2020 and 2022 general elections. The judge immediately sent him to jail after the verdict, even before his sentencing next week. Saunders apparently committed the same crimes in 2014 and 2016, but the statute of limitations had already run before Cuyahoga County prosecutors nabbed him.

• Republican Texas Attorney General Ken Paxton's trial on 20 impeachment charges in the state Senate is scheduled to begin on September 5. The photo above (second from left) is his mugshot from 2015 when he was charged with state felony Securities Fraud which he has yet to be tried for. TX voters elected him twice since then, nonetheless. As to the charges for which he has now been impeached, Texas House impeachment managers this week released new details about Paxton's abuse of office as the state's top law enforcement official, which include abuse of office to help his friend and donor Nate Paul, his use of a fake Uber account, burner phones and secret personal emails accounts used, in part, to facilitate his secret visits with his mistress who Paul's firm hired in order to make it easier for Paxton to visit her in Austin. All of that, even as Paul was secretly paying to renovate Paxton's home in McKinney. Paxton, who led the failed U.S. Supreme Court lawsuit attempting to toss out every vote cast in Georgia, Michigan, Wisconsin, and Pennsylvania, in the 2020 Presidential election, is also under federal investigation for many of the crimes he has been impeached for in the Lone Star State where he is now serving his third term as A.G.

• A whole passel of Donald Trump co-defendants --- many of them also Republican attorneys --- were in the news today, as many surrendered to felony charges in Fulton County, Georgia, after being charged in the state racketeering conspiracy indictment along with Trump for their efforts to steal the 2020 election in the Peach State. Seen in mugshots above (slots 3 through 6) are Trump attorneys Rudy Giuliani, John Eastman (booked yesterday), Ken Chesebro, and Sidney Powell. Also surrendering today in Atlanta was Misty Hampton, the Republican Election Director of Coffee County, GA who invited Powell, and a bunch of other MAGA folks in to the Elections Office in the rural, Republican-leaning GA county to make unlawful copies of the state's sensitive voting system software. Also in related news today were Trump's former Chief of Staff Mark Meadows and former Trump DoJ attorney Jeffrey Clark. Both are co-defendants in the RICO case, currently seeking to move their trials to federal court. Both had moved in federal court to postpone or cancel their surrenders in Fulton County. Both motions were rejected by the federal court today just before airtime after Fulton County District Attorney Fani Willis made clear that they had both been given more than enough time before this Friday's deadline to turn themselves in.

In other, occasionally related news on today's program...

• Yevgeny Prigozhin, founder of the Russian mercenary Wagner military battalion and leader of a short-lived coup against his former close ally, Vladimir Putin, earlier this year, reportedly died along with 9 others in a private jet that crashed shortly after takeoff approximately 60 miles north of Moscow on Wednesday. The plane was video-taped falling out of the sky after something appears to have caused an explosion after the jet had reached cruising altitude.

• Milwaukee Public Schools were closed today in Wisconsin due to a dangerous heat wave. The closure comes on the same day that eight GOP candidates --- none named Trump --- are to appear in Milwaukee this evening for the party's first Presidential Primary debate of the 2024 season. Pretty much all of these candidates, many of whom pretended to be furious about school closures due to COVID, are also climate crisis deniers. Nonetheless, they are unlikely to raise the issue of our climate emergency at tonight's debate, despite the school closures today due to climate change in the very city in which they will be debating tonight.

• The newly all-male state Supreme Court in South Carolina reversed the Court's own ruling from earlier this year today, regarding the state Legislature's near total abortion ban, even though the majority opinion concedes the new law infringes "a woman’s right of privacy and bodily autonomy." The 5 men now serving as Justices --- following the lone female Justice's mandatory retirement earlier this year --- just don't care, apparently. Unlike the now-retired female Justice who wrote the majority opinion blocking the new law earlier this year, the dudes now sitting on the state's High Court believe those state Constitutional interests of women do not outweigh "the interest of the unborn child to live."

And finally...

• Trump says he will go in for booking at the Fulton County jail on Thursday evening, during TV's prime-time, of course. As he is set to be arraigned for his fourth criminal indictment of the year (his second one for attempting to steal the 2020 election), musical satirist Randy Rainbow returns with an all new, hilarious tune to mark the occasion and close today's program...

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Welp, as discussed on today's BradCast we, personally, managed to dodge the worst of the weekend's Hurricane Hilary (downgraded to Post-Tropical Cyclone shortly after landfall) by dint of a complete coincidence. Thanks to many for the well-wishes. Tune in for more details on that today. [Audio link to full show follows this summary.]

But much of the U.S. Southwest was not as lucky over the past 24 to 48 hours, with parts of California seeing a year's worth of rain, in some cases, in just over a day. Our coverage begins with a focus on our hometown of Los Angeles, which saw the center of the storm pass over downtown at 7pm on Sunday. The desert areas, for example, Palm Springs, fared far worse. And now many in Nevada are facing the storm, which could continue to drop massive amounts of precip as far as southeastern Oregon and west-central Idaho.

Tropical storms are wildly unusual for the state of California. The last time one one made direct landfall in the Golden State was 1939, prior to the modern National Weather Service warning system and naming convention for tropical storms and hurricanes. All of which begs the question today: Was this storm --- which we tried to light a siren about on our final show last week, when few seemed to be noticing it --- a fluke? Or is it emblematic of our climate changed future?

We've got just the person to ask about that today. We are delighted to be joined by climate scientist DR. DANIEL SWAIN, of the Institute of the Environment and Sustainability at UCLA. He also serves as a Research Fellow at the National Center for Atmospheric Research and at The Nature Conservancy of California.

"This is definitely a historical event that we saw unfold this past weekend in Southern California," he tells me. The worst of it, debris flows, flash flooding, was "mostly in the places that we thought they would be most likely. Largely, this played out pretty close to forecast. This is something that was pretty well predicted."

The question of whether Hilary was a fluke or our future is a complicated one, with a multilayered answer that Swain explains with a great deal of clarity. At least with as much as can be had given what he describes as a huge lack of research of the phenomenon of West Coast tropical storms. Most such storms that form in the Eastern Pacific head out to sea toward Hawaii. But not Hilary. Why did that happen this time exactly? And can we expect more of them?

"We're all living in the context of a changed climate," Swain says as we discuss the now 4 or 5 (depending on how you count them) storms brewing in the Atlantic --- "a conga line of potential hurricanes" --- during what could end up being a very busy peak of the storm season on that side of the country. "We've never had the combination of record warm oceans plus a very strong developing El Nino event in recorded history."

On whether scientists have been low-balling the effects of climate change for years, Swain concedes: "I think we did historically underestimate how much that [warming] was going to disrupt ecosystems, ecologies and human systems --- cities, populations all around the world."

"We are starting to see the limits of our adaptability already. And it's only going to get harder with additional warming," he asserts. "The fact that the water vapor-holding capacity of the atmosphere is exponential with warming, means that the next degree of warming is going to bring about bigger changes than the last degree."

Please tune in for a very enlightening conversation about all of this.

Then, we close today first with a grim update from Maui, where the County's Mayor has announced the official death toll from their recent wildfires (fueled in part by the gusting winds of a different Pacific cyclone) now stands at 114, with some 850 people still unaccounted for.

And finally, a mercifully short update on the various weekend travails of our disgraced, four-time indicted former President and GOP front-runner for their 2024 Presidential nomination. Donald Trump cancelled his promised Monday morning press conference when he vowed last week to present an "Irrefutable REPORT" on "Election Fraud" in Georgia in 2020, which would be "CONCLUSIVE" and offer "complete EXONERATION" following his criminal indictment on RICO charges [PDF] last week. Apparently, there is no such report. He also announced over the weekend that he was chickening out from participation in this week's GOP Presidential Primary debate in Milwaukee, and most others to follow. And, on Monday afternoon, his attorneys negotiated a $200,000 bond for his release after his surrender this week in Fulton County, GA, where he is accused of 13 criminal felony counts related to his attempted theft of the 2020 election in the Peach State...

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We've got more Special Coverage on today's BradCast of the fourth --- and, theoretically, last, but who knows? --- criminal indictment of our disgraced former President for the Summer season. [Audio link to full show follows below this summary.]

On Monday's show this week, just hours in advance of the massive new criminal charges out of Georgia, we detailed the dangers to next year's elections of the illicit Coffee County, Georgia voting system software breach carried out by Trump supporters beginning on January 7, 2021 (and covered up in the many months that followed by Sec. of State Brad Raffensperger). The scheme --- which we helped break last year and have been covering ever since --- is now known to have been just one part of a multi-state conspiracy organized by Trump attorney Sidney Powell and hatched inside Trump's Oval Office in December of 2020. It remains a huge threat to the security of next year's Presidential elections across the entire state of Georgia and in more than a dozen states with jurisdictions using the same breached, proprietry hardware and software that was stolen from Coffee County.

On Tuesday's show, we detailed the sprawling 97-page RICO indictment [PDF] of Donald John Trump and 18 co-conspirators charged with 41 felony counts by a grand jury in Fulton County, Georgia late on Monday. The charges are related to Trump's alleged (and failed) criminal enterprise to steal the 2020 Presidential election in the Peach State (and elsewhere) and comes out of the two-year probe by Fulton County, D.A. Fani Willis. We broke down all of the charges, detailed those who were indicted, along with a focus on the specific charges brought against Powell and the three others facing several counts related specifically to conspiracies to commit Computer Theft, Computer Trespass, Computer Invasion of Privacy ("with the intention of examining personal voter data") and Conspiracy to Commit Election Fraud as part of the Coffee County scheme.

The new indictment brings the number of criminal felony charges that our disgraced former President is now personally facing in four different jurisdictions at both the state and federal level to a gob-smacking 91!

And then on today's program, our hot indictment summer continues, with both legal and political analysis of the new indictment with two old friends. Former attorney KEITH BARBER of Daily Kos (who joined us last week for a splendid preview and explanation of what RICO charges are!) is with us again today, along with award-winning Salon columnist and Hullabaloo blogger HEATHER DIGBY PARTON.

Among the many topics discussed on today's program related to the latest Trump Indictment and what it means moving forward into next week's first-of-the-season GOP Presidential debate and next year's election...

• General thoughts on and surprises from the new indictment.
• Barber on "the power of RICO".
• Parton on her article on whether former Trump Chief-of-Staff Mark Meadows may be cooperating in Special Counsel Jack Smith's federal case on Trump's attempt to steal the 2020 election.
• Barber on Meadow's motion to move his indictment from state to federal court.
• How and why did Sen. Lindsey Graham (R-SC) escape indictment from Willis, despite his participation in the criminal enterprise to steal the Peach State election for Trump?
• The still wildly under-investigated matter of the scheme to replace Mike Pence as President of the Senate overseeing the Electoral College certification on January 6, 2021 with Sen. Chuck Grassley (R-IA). (Willis refers fleetingly to this scheme in her indictment, see p. 44; Barber wrote a bit about this as "Trump’s Plot To Kidnap The Vice President" back in April of 2022.)
• Trump's post-indictment Tuesday morning claim that next Monday he will release an "Irrefutable REPORT" on "Presidential Election Fraud which took place in Georgia" in 2020 which he claims will be a "complete EXONERATION!" for him. (Giggle.)
• How that "REPORT" is likely to be an unlawful continuation of the same criminal enterprise under RICO that he is already charged with.
• What we should expect from next week's first-of-the-season 2024 GOP Presidential debate in Milwaukee and whether Trump will (or should) show up for it.
• My continuing --- if, apparently, controversial --- Spidey Sense (not a prediction...just a sense, as explained today) that Trump will, ultimately, not end up being the GOP Presidential candidate on next year's ballot...

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We thought it possible that the news might break during yesterday's program, as we were covering some very related news. It happened, instead, later in the evening, just a few hours after we signed off from The BradCast. And it was just about as broad and sweeping as we've been arguing that it was likely to be. [Audio link to full show follows this summary.]

A Fulton County, Georgia grand jury handed up a sprawling 97-page indictment [PDF] on Monday evening, detailing 41 criminal felony counts for its 19 named defendants. Leading the case, of course, are the 13 new charges against Donald John Trump, who is alleged by Fulton County District Attorney Fani Willis to have run a racketeering (RICO) scheme with the other 18 defendants. The purpose of their criminal enterprise, the indictment details, was to steal the 2020 election from Joe Biden, Georgia voters and the American people. Happily, his racket failed.

The charging document details the counts related to the many different unlawful ways in which Trump and his co-conspirators attempted to flip the 2020 results in the Peach State, including by strong-arming state officials from members of the Legislator to the Secretary of State; lying to them all about non-existent voter fraud; threatening election workers into making false confessions; creating fake Trump electors as part of the scheme to pressure the Vice President into discarding the legitimate Electoral College results on January 6, 2021; and more, including the notorious voting system software breach in Coffee County which we had a hand in breaking on The BradCast more than a year ago.

Trump's indicted co-conspirators include his disgraced attorneys Rudy Giuliani, John Eastman, Ken Chesebro and Sidney Powell; his former Chief of Staff Mark Meadows; former DoJ official Jeffrey Clark; a number of GOP operatives who conspired to threaten election worker Ruby Freeman; former GA GOP chair David Shafer; sitting GOP state Senator Shawn Still; former Coffee County GOP chair Cathy Latham; former Coffee County Director of Elections Misty Hampton and Atlanta bail bondsman, Scott Hall.

It was Hall's ill-considered phone call to frequent BradCast guest Marilyn Marks of the Coalition of Good Governance, bragging about his role in the entire illicit scheme to image hard drives on voting and tabulation systems made by Dominion Voting Systems in Coffee County, which initially helped reveal the unlawful plot last year. That phone call was aired for the first time on our show in May of 2022. We've been covering the entire plot --- a multi-state conspiracy hatched in Trump's Oval Office in December of 2020 and organized by Powell --- ever since on this show and at The BRAD BLOG, even as GA's Sec. of State Brad Raffensperger appears to have been working hard to cover it up ever since. That, despite the ongoing dangers to next year's Presidential election.

The breach plays a major role in Willis' indictment. She charges Powell, Hampton and Hall with seven conspiracy crimes each related to Computer Theft, Computer Trespass, Computer Invasion of Privacy ("with the intention of examining personal voter data with knowledge that such examination was without authority") and Conspiracy to Commit Election Fraud. Latham was also charged with those same seven counts and another four related to her dual role as one of the fake electors in Georgia.

All of that and more is detailed on today's program, including Willis' late night announcement of Trump's fourth criminal indictment in just over four months. He is now, personally, facing 91 charges in four different jurisdictions at both the state and federal level.

Finally today, Desi Doyen joins us for our latest Green News Report, which also happens to include some landmark good news for a happy change (along with the usual amount of grim news), to end today's program...

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New indictments did not yet come in Georgia as of airtime on today's BradCast. But, as the nation awaits the former President's almost certain fourth criminal indictment in about as many months --- and this could be the broadest and most sweeping yet --- a somewhat related "exclusive" by CNN on Sunday seems to have made a lot of folks suddenly pay attention to a story we've been covering in great detail on this show and at The BRAD BLOG for the better part of the past year.

The Coffee County, Georgia voting system breach by Trump supporters is likely to play a role in the expected new indictments from Fulton County District Attorney Fani Willis, even though there was largely nothing "exclusive" at all about CNN's weekend report. At least to those of us who have been paying attention and reporting on it ourselves for the past year. But, that's okay. If CNN's coverage makes people sit up and pay attention to this critical issue, we'll take it.

If it helps people --- including other media outlets --- notice that the multi-state conspiracy is still either being ignored or actively covered-up by the folks who SHOULD be investigating it --- from GA Sec. of State Brad Raffensperger, to the Georgia Bureau of Investigations (GBI) and even the Dept. of Justice --- then, okay, bring on more such "exclusives".

CNN's Sunday report, deceptively headlined "Exclusive: Georgia prosecutors have messages showing Trump’s team is behind voting system breach," repackages material already reported long ago by outlets like Washington Post, Atlanta Journal Constitution, Atlanta's NBC affiliate 11-Alive and, yes, The BradCast and BRAD BLOG. Almost all of CNN's material comes thanks to information discovered in a long-running federal lawsuit challenging the use of Raffensperger's new, unverifiable and insecure touchscreen voting systems, as filed years ago by the Coalition for Good Governance (CGG). CNN didn't even have the decency to name the nonprofit group in their "exclusive", referring simply to material "originally unearthed as part of a long-running civil suit focused on election security in Georgia."

As to the content of the story well, see our program from April headlined: "The Multi-State MAGA Conspiracy to Breach Voting Systems Was Hatched in Trump's Oval Office: 'BradCast' 4/24/2023". That show, from four months ago, features most of what CNN describes in their weekend "exclusive".

On that program, we were joined by guest SUSAN GREENHALGH, a election integrity and transparency expert who now serves as Senior Advisor on Election Security at FreeSpeechForPeople.org. Greenhalgh had discovered admissions in sworn testimony given to the U.S. House January 6 Committee revealing that the plot to have MAGA activists unlawfully obtain and copy sensitive, proprietary voting and tabulation system hard drives in multiple states (Georgia, Michigan, Nevada, Pennsylvania) was a scheme dreamt up during Trump's crazy December 18, 2020 meeting in the Oval Office with attorneys Sidney Powell and Rudy Giuliani, disgraced National Security Advisor Michael Flynn, former Overstock.com CEO and billionaire Patrick Byrne and others. Yes, the breaches in several states were not over-zealous local MAGA activists. It was a scheme hatched with the President of the Unites States himself.

Greenhalgh joins us again on today's program to continue connecting dots in the multi-state criminal scheme which remain uninvestigated or prosecuted to this day. (Pay attention, or wait to read them at CNN in about 6 months as "exclusive".)

Were it not for folks like Greenhalgh and CGG founder Marilyn Marks --- who had the wherewithal to hit the record button when one of the apparent MAGA breachers (Atlanta businessman Scott Hall) called her to essentially confess to the crimes in Coffee County --- we might not even know about it today. Lord knows Raffensperger and his friends in the Peach State have largely been covering it all up ever since the breach first occurred on January 7, 2021, the day after Trump's insurrection at the U.S. Capitol.

"Who knows if there were other counties that they went into in Georgia?," Greenhalgh observes. "There might have been similar breaches in other counties. Because we've lacked a real, robust investigation from the people that are paid to protect our citizens and our government from these types of illegal activities, they haven't uncovered it!"

Charges were recently brought against some of the participants in Michigan's several breaches --- at least five of whom are also known to have been involved in the Georgia breach --- and charges may soon be brought against some of them by Willis in Georgia in the coming hours. But, as Greenhalgh argues, the threat posed by theses breaches to next year's 2024 election --- and accountability for all of the people who allowed it to happen --- is crying out for a federal conspiracy probe of this organized crime that took place in multiple states following the 2020 election.

"There's no deterrence," Greenhalgh asserts. "What we saw happen in Coffee County --- if these people do not face any consequences, the message that is being presented is, 'It's okay. Go ahead and do this. If you can get a complicit election official, go in and do whatever you want to the voting machines and nothing is going to happen to you.' This crime happened on videotape. There's no question about it. If this was a corner store robbed by some kids, they'd be in prison by now."

There is a lot more of note in my conversation with Greenhalgh, and she offers much more in a well-sourced and linked "Background Briefing" document published late last week.

Finally today, some very good news out of Montana, where a landmark legal challenge by young plaintiffs, aged 5 to 22, challenging Republican state lawmakers for failing to follow the state constitution's mandate guaranteeing a "clean and healthful environment," was victorious! The court found that the Montana Environmental Policy Act, which weakened environment protections on behalf of the state's fossil fuel industry, is unconstitutional. The first-of-its-kind ruling by a judge in the U.S. may very well affect similar suits by youth plaintiffs as now filed in all 50 states and nations around the world...

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For some reason, it seemed like a good moment on today's BradCast to bone up on exactly what "racketeering" or RICO charges are. I have a feeling it may come in handy in the days ahead. [Audio link to full show follows below this summary.]

But, FIRST UP, it's Election Day in Ohio. One single statewide ballot issue, in the middle of August. That's because Republican lawmakers were hoping to undermine a ballot measure set for this November which, if successful, will codify protection for reproductive freedoms into the state Constitution.

For more than 100 years in the Buckeye State, Constitutional Amendments were adopted via the ballot with a simple majority vote. Today's measure, Issue 1, would raise the requirement needed for passage to a 60% super-majority. Of course, the GOP's Issue 1 on the ballot today would require just 50% + 1 for passage.

As we've been reporting, despite the state Republicans' attempt to sneak their anti-democracy Amendment past voters (after, earlier this year, adopting legislation to ban August Special Elections), early voting has been huge. Today's Election Day turnout was reportedly higher than expected as well. Happily, there were, so far, only a few reported problems at the polls. We'll see if that changes and we'll have reported results on this critical measure tomorrow.

THEN, over the weekend, Donald Trump's top attorney on his new indictment by Special Counsel Jack Smith for his many failed attempts to steal the 2020 Presidential election, was all over the news shows offering absurd defenses for his client's crimes. John Laura told Meet the Press, for example, that "a technical violation of the Constitution" isn't actually unlawful.

Congressman Jamie Raskin (D-MD), who happens to be a Constitutional law professor (as well as both the Lead Manager for the U.S. House during Trump's second impeachment for insurrection and a member of the bipartisan House Select Committee investigating it) strongly begged to differ. Critically, he noted in his response to Lauro's remarks, there are people serving years in jail in this country for falsifying one single vote, whereas Trump "tried to steal the entire election."

Thank you, Congressman!

NEXT, we continue to await what is almost certainly going to be Trump's fourth criminal indictment in about as many months. This one will come any day now, likely this week or next, courtesy of Fulton County, Georgia District Attorney Fani Willis in relation to Team Trump's failed attempts to steal the Peach State's election in 2020 from Joe Biden and the state's voters.

Her case, for reasons explained on today's program, could be expansive, including many charges and many conspirators acting in concert with Trump. Exactly who will be charged and what they will be charged with remains unknown.

Among the many questions about Willis' case: Will she invoke the state's "Racketeer Influenced Corrupt Organizations" (or RICO) Act or just simple conspiracy charges? And, oh, by the way, what are the difference between the two, as RICO is best known for use against organized crime by the mafia, etc.?

Luckily, KEITH BARBER, former attorney, former Republican and current Daily Kos contributor on law and Constitutional matters, recently wrote about exactly that and joins us today for a helpful RICO primer and insights into Willis' likely imminent indictments.

Short version of the difference between "conspiracy" and "RICO", as Barber wrote last month: "Conspiracy requires an agreement between the co-conspirators to commit what are usually specific crimes. RICO does not require proving any such agreement. So long as the parties commit the required predicate offenses, as part of the same 'enterprise,' acting 'in furtherance of a common purpose,' RICO can be satisfied."

As Barber tells me today: "The mob boss doesn't necessarily plan anything with the guy who is running the protection racket He may not even know him. But they are both engaged in the same broad criminal enterprise. That's the distinction between RICO and conspiracy. You don't have to show the connections that are shown in the [Jack] Smith indictment of Trump between the co-conspirators. It's sufficient if they engage in a pattern of racketeering activity in furtherance of the same general objective."

If you'd like a more detailed explanation, tune in to today's show, when Barber also offers his thoughts on who is likely to be indicted. "All indications are, all the hints are, that it's going to be a whole lot of people, with a whole lot of charges. It's kind of mind-boggling how many people it could be."

Also discussed: last night's court ruling in columnist E. Jean Carroll's rape and defamation case against Trump and his counter-suit for defamation against Carroll. Short version: Trump's suit was tossed as the judge confirmed that, yes, Trump was found by a jury to have been a rapist according to common vernacular, and Carroll's second civil trial against him (she already won $5 million from him during the last one, now she's suing for at least $10 million) is scheduled to begin early next year and could be a very very short trial given everything that was already established as a fact in the first trial.

FINALLY, Desi Doyen joins us for our latest Green News Report, as the death toll rises under prolonged extreme heat in Arizona; climate change unleashes a brand new flooding problem in Alaska; President Biden moves to protect a million acres from uranium mining near the Grand Canyon, and extreme rains and deadly flooding continue to pummel parts of Europe...

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It may be the dead of Summer, not exactly when most Americans are thinking about elections. But they were thinking about them last week in Tennessee and Ohio. No matter what these days, Americans are still thinking about Donald Trump. We cover all of that and more on today's busy BradCast. [Audio link to full show follows below this summary.]

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

• Another victory for Americans and our current President. Months earlier than expected and ordered by Congress, Joe Biden signed a landmark Presidential order just over a week ago that officially updates the Uniform Code of Military Justice (UCMJ) for the first time in decades. The update changes the way the military handles sexual assault cases and other violent crimes, many of which, advocates of the new system have argued for some twenty years, were swept under the rug in the military chain of command.

• In somewhat related-ish news, the Promise to Address Comprehensive Toxics Act [or PACT] Act has an important deadline this week that former Daily Show host Jon Stewart wants you to know about. The PACT Act greatly expanded medical benefits for veterans harmed by toxic burnpits, agent orange and other toxins while in service to the country. The landmark measure was signed by President Biden in 2022 --- also after years of advocacy by proponents --- and, while eligible vets can sign up anytime, those who either sign up or offer their intent to sign up by Wednesday, August 9, will be able to get full benefits going back to August of 2022. So make sure you let anyone you served and may have been sicked while on duty know about it! Learn more and sign up at VA.gov/PACT.

• Remember the Two Justins --- Tennessee State Rep. Justin Pearson of Memphis and Justin Jones of Nashville --- the two young, black, progressive Democratic lawmakers [pictured above] who were expelled by Republicans from the TN State House for supporting children and teachers protesting for new gun safety legislation following the mass school shooting in Nashville in March? Both Justins just won back their seats in the state House of Representatives during special elections held last Thursday. They were expelled by the racist white Republican House super-majority last April when an older white woman --- Rep. Gloria Johnson of Knoxville --- was spared from expulsion by the same lawmakers, despite participating in the same protest on the House floor with the two Justins. Jones reportedly won his race with a whopping 78% of the vote. Pearson won his election to his old seat with 94% of the vote. Well done, Tennessee voters!

• Meanwhile, in Ohio, far-right Republicans in that state's gerrymandered state legislature and their dark money supporters have been lying to voters for weeks now about Issue 1, which will be decided tomorrow (Tuesday, August 8th) at polls across the Buckeye State. The statewide ballot measure would make it harder for citizens to adopt citizen led initiatives to amend the Constitution by, among other things, requiring 60% for passage. Just a few months ago, in May, just weeks after adopting legislation to outlaw August special elections, GOP lawmakers voted to hold a special election for this ballot measure (which would only need a simple 50% majority for passage, just like all other ballot measures in state history) in hopes of pre-empting a citizen-led Constitutional ballot measure scheduled for this November that would enshrine reproductive freedoms into the state Constitution. Rightwingers have reportedly been blanketing the airwaves with false claims about Issue 1, telling voters that a "yes" vote will prevent your daughter from receiving a sex change operation without your approval. (Seriously.) But, again, democracy rising? Early voting turnout is through the roof, surpassing even last year's 2022 mid-term primaries. But we'll see how it turns out. A number of counties are reporting poll closures and precinct changes just days before tomorrow's Election Day.

• Finally, after awarding our kudos to the latest member of the corporate media to be brought to our attention correctly describing Donald Trump's multiple failed attempts to "STEAL" the 2020 election, we open up the phone to callers. Many of whom want to talk about Donald Trump, his latest four-count federal indictment [PDF] last week, and how the hell the guy is even allowed to run for President after inciting an insurrection (he shouldn't be), much less serving as the front-runner for the 2024 Republican nomination. I still believe it's possible that he will not ultimately be the GOP nominee next year, for a number of reasons I suspect we'll be discussing in the days ahead. For today, however, it was great to talk to a number of very good callers about all of the above!

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