Despite newly revealed cybersecurity flaws in Georgia's statewide touchscreen voting systems; a weeks-long breach by right-wing operatives of the sensitive voting and tabulation software used across the state; and a growing clamor by both the public and state officials for decisive action to try to plug some of these vulnerabilities before next year's Presidential election, all evidence obtained by The BRAD BLOG to date suggests Georgia's Secretary of State has little interest in taking any action at all. At least not before next year's critical contests in the battleground state.

Even if Republican Secretary of State Brad Raffensperger did want to take action, we have learned, he has yet to even begin necessary steps toward state certification of Dominion Voting Systems' newly created software said to remedy some of the recently disclosed cybersecurity flaws. Moreover, well-informed critics argue any software upgrades to the state's touchscreen Ballot Marking Devices (BMDs) would still result in violations of fundamental legal requirements for the state's voting systems.

The path toward nailing down what Raffensperger's office is or isn't doing; what they may or may not do under state law; and what they are or aren't telling the public about all of it has been an odyssey over the past days, amid misleading discussion with a representative of the Secretary's office, contrary information from an official at one of the country's few certified independent voting system test labs, and a curious admission by a representative for Dominion, the state's election system vendor.

The only thing fully clear as of now: Despite calls from cybersecurity and elections experts to mend Georgia's insecure, unverifiable voting systems before next year's Presidential contest, the state insists they will not be upgrading the Dominion voting software until 2025. What has become clearer to us in recent days is that the Secretary of State cannot upgrade the systems legally, at this point, even if he wanted to --- which, evidently, he does not...

Yup. We're heading back to the critical battleground state of Georgia again on today's BradCast, as their ridiculous Sec. of State gets ridiculouser in his indefensible defenses of his ridiculously vulnerable, brand-new touchscreen voting systems which he is still refusing to upgrade, despite warnings from the federal government and increasing urging from voting system and cybersecurity experts. [Audio link to full show follows this summary.]

BUT FIRST, a few more quick words on yesterday's landmark U.S. Supreme Court opinion [PDF] in Moore v. Harper, in which Chief Justice John Roberts and two Trump-appointed Justices joined with the Court's three liberals to put the kibosh, hopefully once and for all, on the bonkers, so-called Independent State Legislature theory pushed by far-rightwingers. Had SCOTUS given a majority blessing to the fringe Constitutional theory giving complete, unreviewable say over all federal election laws to State Legislatures, it would have wreaked indescribable havoc on some 250 years of election laws across all 50 states. It would also have given authority to those State Legislatures to overturn Presidential elections by selecting slates of electors not chosen by state voters!

As one of the nation's most conservative and respected former federal judges, Michael Luttig, tweeted today: "It would be impossible to overstate the [enormousness] of yesterday's seminal decision in Moore v. Harper. Not only is it now the single most important constitutional case for American Democracy since the Nation's Founding almost 250 years ago. ... It is also now one of the most important constitutional cases for representative government in America. ... Today, it takes its deserved place in the pantheon of great Supreme Court cases that give meaning to the Constitution's genius of a separation of powers --- among the national Legislature, Executive, and Judiciary, and also between the national government and the governments of the respective 50 states of the United States."

But there were three Justices who voted in the minority in that case. As it turns out, all three of them were recently highlighted by investigate journalists for their, shall we say, dubious ethics practices. Clarence Thomas (see here, here, here and here), Neil Gorsuch (see here), and Sam Alito (see here).

In addition to Alito's undisclosed, luxury fishing trip to Alaska on the private jet (and dime) of GOP megadonor and vulture capitalist billionaire Paul Singer, as revealed by ProPublica last week, this week The Intercept offers a new story shedding some fresh light on Alito's years of climate change-denialism and his Court decisions on behalf of the oil and gas industry.

NEXT UP, it's back to Georgia, where Republican Sec. of State Brad Raffensperger is reportedly giving testimony in Atlanta today to prosecutors working on Special Counsel Jack Smith's probe of the January 6, 2021 insurrection and the other myriad ways in which Team Trump attempted to steal the 2020 Presidential Election. (One of those ways included Donald Trump's now-infamous phone call to Raffensperger, attempting to strongarm him to "find" the 11,780 votes he would have needed to flip the state's results from the winner, Joe Biden.)

But where Raffy has been seen as a hero by some for refusing to roll over to Trump after the 2020 election, we have explained for years that he is anything but. Now, he's under fire for the massive vulnerabilities discovered by cybersecurity and voting system experts in his new, $150 million Dominion touchscreen voting systems, and for his refusal, as first reported by The BRAD BLOG in mid-May, to install Dominion's security patches to them before the 2024 Presidential election. That, despite urgent warnings from the U.S. Cybersecurity and Infrastructure Security Agency (CISA) and many longtime election experts and computer scientists.

Now, Raffensperger's office is going on the offensive, attacking those experts as "paranoiacs and conspiracists", attempting to conflate them with the rightwing, Sidney Powell-organized MAGA loons who tried to steal the election in 2020 and breached the state's voting systems in Coffee County, GA on January 7th, 2021, the day after the Trump-insighted insurrection in D.C.

"The paranoiacs and conspiracists of the world have their beliefs reinforced when they read reports of theoretical 'vulnerabilities' that fail to mention the real-world security measures already in place," sniped Mike Hassinger, a spokesperson for the Secretary of State's office, to Politico last week. "If the PhDs don’t like being put in the same category as the Pillow salesman, tough noogies," he actually said. "They should stop saying similar things."

We're joined today by one of those paranoiac conspiracist PhD's on today's program. Our guest is DR. PHILIP STARK, Professor at University of California, Berkeley; inventor of the post-election Risk-Limiting Audit protocol; Advisory Board member at the U.S. Elections Assistance Commission (EAC) and advisor to plaintiffs in the long-running Curling v. Raffensperger lawsuit in Georgia seeking to replace the state's new vulnerable and unverifiable touchscreen voting systems with verifiable hand-marked paper ballots. (The same plaintiffs in the same federal lawsuit were able to win an order from the judge in 2019 that banned the state's previous touchscreen systems made by Diebold after they were found to be so vulnerable and unverifiable as to be unconstitutional.)

Stark has a few choice words of his own in response to both the obnoxious and un-scientific remarks from the Sec. of State's office as well as Dominion, both of whom have been blasting the damning Halderman Report, as created on behalf of plaintiffs in Curling and finding at least nine alarming vulnerabilities confirmed by CISA in the Dominion systems. Both the State and private voting system vendor claim that the Univ. of MI's Dr. Alex Halderman failed to take into account, in his report, the physical protections of the state's 70,000 vote system devices. They believe that will adequately protect next year's Presidential election in the battleground state. In doing so, they seem to be pretending that the Coffee County breach by Team Trump in 2021 didn't already run roughshod over the state's voting systems, including by copying and distributing its sensitive, proprietary software over the Internet.

"If [Raffensperger's] spokesperson can't tell the difference between what we're saying and what the [MAGA] group is saying, then they are not competent to do their job," charges Stark.

"There is a world of difference between 'This system is Swiss cheese from a perspective of security, it's really vulnerable and you need to harden it,' and 'The election was rigged and the wrong person was announced to have won.' That's just not the same claim at all. Secondly, the idea that we should stop pointing out vulnerabilities and trying to improve the trustworthiness of voting systems because someone might twist our words --- the argument seems to be 'You should lie to people in order to increase their trust in you' --- that seems to be perverse. What we want is justified public trust in the outcome of elections."

He summarizes some of the most noteworthy concerns from the Halderman Report --- detailing the ease by which malware can be implanted into the system by a single voter via any one of the state's 35,000 touchscreen voting machines or by one person at the County level who can infect every machine in the jurisdiction --- before explaining how inadequate and naive the Secretary's responses have been.

Both Raff's office and Dominion cite a competing study to Halderman's commissioned by Dominion from a group named MITRE. Their unsigned report was created without access to the Dominion machines, unlike Halderman's report, and offers the misleading claim that physical security of the voting systems is likely adequate to prevent exploitation of the vulnerabilities meticulously documented by Halderman. Stark is among nearly 30 election experts now calling on MITRE to retract their report on that basis and others.

"First of all, they're just wrong," Stark charges, wondering what their instructions may have been from Dominion. "I conjecture that they were told to assume that those [physical] protections were in place. I doubt that they did any independent research to determine whether in fact there were effective protections in place."

"I liken this to saying it's completely fine to drive a car on bald tires, as long as you have a policy of only driving straight on dry pavement and never turning sharply, or applying the brakes. Except that's not how it actually works in practice. And here, it's very, very clear that the assumption that there is rigorous physical security around these devices is just not true."

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Welp, it was another slow news weekend [insert eyes-rolling emoji here]. But we try to come up with something to cover on today's BradCast nonetheless. [Audio link to full show is posted below this summary.]

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

• Extreme weather and warnings of same walloping much of the nation today, as two weeks of historic triple digit temperatures in Texas spread to other states, resulting in major storms, deadly tornadoes, widespread power outages and cancelled flights from Arizona through the mid-west up into New England and down to the Carolinas and Florida. But if you hear about these seemingly ever-worsening nightmares from some major U.S. outlets --- like Fox "News" (and even ABC, etc.) --- you may hear absolutely nothing about the man-made climate change that is fueling our intensifying global crisis.

• On Friday, Politico finally covered the story that we broke on this show six weeks ago about how Georgia Sec. of State Brad Raffensperger says he will not be installing urgently recommended security upgrades to its horribly vulnerable Dominion voting systems until after the 2024 Presidential election in the critical battleground state. We covered that news exclusively here in mid-May. Politico covered it here on Friday. And my tweet pointing both out was throttled by Twitter over the weekend so that it's nearly impossible to find without a direct link. That is here. (More, hopefully, on this issue tomorrow!)

• Speaking of Georgia, a federal judge has ordered Rudy Giuliani to pay the legal fees for the two Atlanta election workers --- Shaye Moss and her elderly mother Ruby Freeman --- who are suing him for defamation after he (and Trump, and the rest of the MAGA crew) falsely accused them of committing fraud in the ballot tabulation room during the 2020 Presidential election.

• Curiously enough, the far-right, wildly corrupted U.S. Supreme Court keeps making not terrible rulings at the end of this year's term. Today, a challenge to a ruling on a case out of Louisiana, where a federal court mandated an additional black majority U.S. House district, was rejected. The case will be sent back to a lower court. If the lower court rules as SCOTUS did a few weeks ago --- when they stunned the world by upholding the Voting Rights Act and requiring another black majority House district in Alabama --- today's decision could be very good news for those that care about voting rights, the Constitution, and equal representation for all.

• Also today, SCOTUS allowed several lawsuits against Ohio State University to proceed, after it was discovered the school had, for years, protected a serial sexual abuser who served as a team doctor for years. This is probably not good news for OSU's former wrestling coach and serial denier Rep. Jim Jordan (R-OH).

• The lower courts are holding as well, for now. Last week, a federal judge permanently overturned Arkansas' unspeakably cruel ban on gender-affirming medical care for transgender kids, and a federal judge in Florida temporarily blocked Gov. Ron DeSantis' anti-freedom crusade to ban minors from attending drag shows. Amusingly, one of the reasons the judge blocked the new law was because it was in conflict with DeSantis' so-called "Parents Bill of Rights" legislation adopted in 2021.

• Finally today, before opening the phones to listeners, we discuss the bizarre story of whatever the hell happened over the weekend in Russia where, for about 24 hours or so, civil war nearly broke out. That, as Yevgeny Prigozhin, formerly a close ally of Vladimir Putin and commander of the mercenary Wagner Group (arguably Russia's best fighting force in Ukraine), declared Russia's justification for attacking Ukraine --- to demilitarize and de-Nazify the sovereign nation --- to be a lie. Wagner's march toward Moscow, however, ended as quickly as it began, with Putin theoretically granting Prigozhin safe harbor in Belarus, even if both his future and those of the troops in the Wagner brigade remain uncertain at this hour. We open the phones with what is left of today's show to discuss what the hell is going on and where both Russia and Putin's fortunes may be heading from here...

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Today's BradCast is dedicated to the good people (and not the bad ones) of the great state of Georgia. The entire program, in one way or another, is devoted to the Peach State and the real patriots who live there --- as opposed to the fake ones who describe themselves as part of the so-called "Patriot Movement" while dedicating themselves to actually undermining democracy. [Audio link to full show follows this brief summary.]

I'm gonna try to keep this short today, because you've got plenty to both listen to on today's show and read in a BRAD BLOG investigative exclusive published on Tuesday.

FIRST UP, actual patriots, Shaye Moss and her mother Ruby Freeman --- the Atlanta election workers who Rudy Giuliani and Donald Trump despicably and falsely declared to have committed fraud in 2020, as they bravely worked unspeakable hours in a pandemic to help safely carry out the election --- were fully cleared of any and all wrong doing. That, according to a long-overdue report issued Tuesday by the state's Board of Elections (BOE), Bureau of Investigations (GBI), the FBI and GA Sec. of State Brad Raffensperger. The pair's defamation lawsuit, however, against Giuliani continues. We hope it is successful. They deserve it.

THEN, we're joined by journalist DOUGLAS LUCAS to discuss his detailed investigative report today headlined: "A Secret Meeting Within a Secret Meeting: Unspooling the Coffee County, Georgia Voting System Breach and Continuing Cover-Up."

Lucas takes a deep dive into the bizarre and continuing machinations by the local County Board of Elections and County Commissioners in Coffee County to continue the cover-up of what actually happened when a group of Sidney Powell funded and organized MAGA conspirators breached the local Elections and Registration building in January of 2021 to make unlawful copies of the sensitive and proprietary software on the state's new and wildly vulnerable Dominion Voting Systems computers.

The intruders, as we have learned, were invited in to the elections office by Coffee's then Election Supervisor, Misty Hampton, with the help of several local GOP officials in the right-leaning rural County. The breach began the day after the Trump-incited January 6, 2021 insurrection at the U.S. Capitol, though was hatched in Trump's Oval Office in December of 2020. There has been a wild effort to hide the truth of what really went on there, how it came about, the threat it now poses to next year's Presidential election in the critical battleground state and in more than a dozen other states where the same Dominion systems are now used.

Lucas' report involves lies and cover-ups by local officials, members of a major national law firm that represents the County, and even from Sec. of State Raffensperger who appears to want to make the entire matter simply disappear. The still ongoing tale also includes a bizarre cameo appearance from MyPillow CEO Mike Lindell, who, for some reason, landed his plane at the tiny airport in Coffee County for a few hours late one night, after a long and circuitous trip from Mar-a-Lago to D.C. and back down to Douglas, Georgia the night before the local Election Supervisor was to resign (or be fired) in February of 2021, the month following the breach.

With nobody yet held to account, County officials are still obfuscating and refusing to answer questions about secret meetings in Coffee the day after Lindell's brief visit, but Lucas breaks a few key nuggets of the story to help crack the wall of silence, with confirmation from local officials who are finally beginning to talk. At least a little.

"Raffensperger should be the bulldog on this," he tells me today. "The best you could say is that he is slow-rolling this, which is not a legitimate thing to do when we're talking software for elections, including the 2024 general elections and Presidential election...He should absolutely be pursuing this harder than he has." But Lucas is being more generous to the SoS than evidence suggests he deserves. An investigator from Raff's office was actually caught on surveillance footage walking in during the MAGA breach. Yet, we are still waiting for Raffensperger to take any real action about whatever happened --- and is still happening --- in Coffee County.

Fulton County D.A. Fani Willis is believed to be investigating some of the players in this story. But, with her hands more than full, there is much more that she has yet to show any sign of probing. That's where we come in with today's report, along with help from some of the local residents of Coffee who now find themselves in a battle for the very soul of their beloved county.

Tune in for the full story on today's show and see Lucas' deep-dive at BradBlog.com today for all the details!...

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At first glance, a closed-door executive session of the Board of Elections at the Coffee County Courthouse in the battleground state of Georgia appeared to involve nothing more than discussion of that day's resignation letters from then-Election Supervisor Misty Hampton and her assistant over their purported cheating on timesheets.

But the previously undisclosed, simultaneous presence of an unacknowledged quorum of County Commissioners at that executive session --- a secret meeting during a secret meeting, a game-changer confirmed by The BRAD BLOG --- combined with curious doth protest too much efforts the County is still using to defend its secrets about the supposedly humdrum assembly, indicate the February 25, 2021 meetings (now known as meetings plural) and surrounding events were the nexus of a much broader statewide, perhaps even nationwide, cover-up.

That night, the very same reputedly run-of-the-mill Thursday in February when the elections board gathered at the Courthouse, MyPillow founder and close Trump associate Mike Lindell --- a chief Stop the Steal bankroller --- landed his private jet in the county's tiny seat of Douglas, population 11,685. A few hours earlier, flight records show, he landed in D.C. A few hours before that, his plane took off from a runway not 15 miles from the private Mar-a-Lago club belonging to a certain twice-impeached Florida Man named Donald J. Trump. Why did Lindell fly so circuitously from the Palm Beach area to the nation's capital and then back down south to rural Coffee County, of all places?

And why did he want to speak with Misty Hampton, Coffee's resigning Election Supervisor? Evidence yielded from a years-long lawsuit by actual election experts challenging Georgia's Dominion voting system has revealed that the far-right bedding baron's lawyer, Kurt Olsen, tried to get ahold of Hampton the previous evening to talk, as word spread that she'd be dismissed the next day. Why would he want to do that?

Over the January prior to the unexplained meeting(s) --- in fact, beginning just the day after armed and violent Trump supporters assailed the U.S. Capitol in hopes of preventing Joe Biden's 2020 election victory --- a motley mix of mostly MAGA operatives illicitly entered the Coffee County elections building on multiple occasions. The breach was funded and organized by Trump attorney Sidney Powell, that prolific and since-sanctioned filer of failed lawsuits seeking to steal Biden's 2020 win.

One client of the breach-funding Powell, it turns out, was "fake elector" Cathy Latham, the former Coffee County GOP chair. Latham was found to have helped facilitate --- and to have lied about her presence during --- the breach at the elections office, where the invited intruders copied Dominion's proprietary software that is still to be used in the 2024 Presidential election in Georgia and numerous jurisdictions beyond.

Hampton, as director of elections for the Republican-leaning county, welcomed the Powell-paid team into the local elections office to have at the voting equipment, tabulators and sensitive election management systems.

With statewide voting systems gravely compromised by the ensuing breach --- Georgia Secretary of State Brad Raffensperger forces every county to use the same touchscreens, also employed in more than a dozen states nationwide --- and with traces of top Trumpers everywhere, the scandal is, as the county seat's Mayor Pro Tem recently put it, "only getting bigger."

Indeed, Atlanta-based District Attorney Fani Willis is reportedly investigating the Coffee County breach, along with Team Trump's multistate plot to gain access to and copy data from voting systems in other states as well. The scheme, as we have since learned, was hatched during a notorious December 2020 meeting in the Oval Office with Trump present. That fact came to light in testimony to the U.S. House subcommittee that investigated January 6th.

Frustrated, fighting back tears, Douglas Mayor Pro Tem Olivia Pearson, a lifelong Coffee resident and voting rights activist in the majority black seat of the majority white county, said at a recent gathering as the reality of the breach finally began galvanizing local residents, "We have got to make it right. We can't keep covering it up!"

Starting in earnest last month, local residents have increasingly attended the Board of Elections' open meetings, only to be told, more than once, by its unapologetic Chairman Wendell Stone --- who some locals are said to describe as "Chairman Stone(wall)" --- to stop asking questions.

Of course, that makes us want to ask many more questions about what really happened among the cows and cornstalks in the rural Peach State county. Such as: Why did Hampton and her assistant who helped facilitate the unlawful Trump/Powell/MAGA breach to illicitly copy and distribute Coffee County's sensitive voting system software actually tender their resignations on February 25, 2021?; Did local and state officials know about the breach and attempt to cover it up with secret meetings? What on Earth was Mike Lindell doing there for several hours that night?; And why has the office of Republican Secretary of State Brad Raffensperger, heralded by some as a 'moderate Republican' hero for not helping Trump steal the state's election in 2020, denied the severity of the breach and lied by both omission and commission to aid in covering it all up?

And, yes, all of this matters at the national level --- not only to the Coffee residents, who have lately found themselves in a fight they never asked for over their beloved county's soul...

We have been reporting for at least two years now on the analysis by the plaintiffs' expert in a Georgia voting system lawsuit said to reveal vulnerabilities so alarming that the U.S. District Court judge overseeing the federal case actually sealed the report, even from the plaintiffs themselves! On today's BradCast, that report is finally unsealed. [Audio link to full show follows below this summary.]

But, first up, just a quick reminder of what some folks on the right seem willing to do to try and game elections anyway they can possibly think of, even if it involves the Republican candidate for Secretary of State in Michigan using nonsense claims to sue to prevent voters in the state's largest city (Detroit) from being allowed to vote by mail. That's what Trump-endorsed SoS candidate Kristina Karamo did last year, before losing to the incumbent Sec. of State Jocelyn Benson by nearly 15 points. After losing, the conspiracy theorist Karamo "failed up" to be elected as GOP state chair. And, this week, she and several top state Republican lawyers and candidates were sanctioned for more than $58,000 for their wildly frivolous attempt to use the state courts to steal the 2022 election.

Meanwhile, some of us actual election integrity advocates continue to fight for actual election integrity that doesn't prevent any legal voter from casting a vote, and that attempts to make sure that all of those votes are known to have been counted as per every voter's intent.

Which brings us back to Georgia once again today, and the lawsuit that we have been covering for years now. In 2019 it resulted in a federal judge banning the state's 20-year old Diebold touchscreens after finding them to be (as we'd long argued), insecure and unverifiable. Shamefully, the state's Republican Sec. of State Brad Raffensperger defied the no-uncertain-terms advice from the nation's top voting system and cybersecurity experts and replaced them with new unverifiable touchscreen systems in 2020, rather than a simple, inexpensive, verifiable hand-marked paper ballot systems. Instead, Raffensperger purchased a $150 million touchscreen system made by Dominion with many of the very same vulnerabilities as the state's old Diebold touchscreens.

Frequent BradCast guest, Marilyn Marks of Coalition for Good Governance, a plaintiff in the case that succeeded in banning the old Diebold systems, expanded the suit to challenge Raffensperger's new Dominion systems, seeking to ban them as well (other than for disabled voters who wish to use them) in favor of hand-marked paper ballots. The expert for plaintiffs in the so-called Curling case, Dr. J. Alex Halderman of the University of Michigan, was then allowed to examine the new Dominion touchscreen Ballot Marking Device (BMD) systems. His report, however, finding multiple vulnerabilities was said to be so damning that it was sealed by U.S. District Judge Amy Totenberg and kept from both plaintiffs and the public for the past two years.

The U.S. Cybersecurity and Infrastructure Security Agency (CISA) --- which oversees the nation's critical infrastructure, including computerized voting and tabulation systems --- was allowed to review Halderman's sealed report last year. They were so alarmed they issued an advisory citing “vulnerabilities...that should be mitigated as soon as possible.” And yet, as we reported exclusively on The BradCast last month, even though Dominion has now completed and certified the necessary upgrades, Raffensperger's office has told Judge Totenberg that they plan to wait until 2025 --- after the critical 2024 Presidential election in the battleground state --- to install the security enhancements on the state's 35,000 voting machines and more than 35,000 printers, scanners, and election management computers that support them.

All of that is made even more alarming by the fact that the day after the January 6th 2021 insurrection at the U.S. Capitol --- as we have also been reporting on in detail over the past year --- a group of MAGA folks, organized by Trump attorney Sidney Powell, were allowed by members of Georgia's Republican Party and the Coffee County Board of Elections to breach the Dominion voting systems in the small rural county to make unlawful copies of the system software before distributing it over the Internet. It was part of a multi-state scheme that we now know to have been hatched in Trump's Oval Office in December of 2020. The matter is believed to be under investigation as part of the broad conspiracy probe by Fulton County D.A. Fani Willis into Trump's efforts to steal the state's election in 2020. But, in the meantime, the Coffee County breach has allowed these lawless rightwingers to find and potentially plan to exploit all of the vulnerabilities that Halderman discovered and lawfully documented two years ago.

These same flawed Dominion systems are also now used in more than a dozen states, though only Georgia mandates that every county use the same system and requires that every voter at every polling place cast their vote on one of these terrible, unverifiable touchscreens.

Which brings us to today's very big news. The U.S. District Judge overseeing the Curling case has finally allowed Halderman's report to be unsealed! It is now posted here along with a simplified, summarized analysis of his own report that he has now published here. The Coalition for Good Governance's press release and additional context on the unsealing is here. (They all take care to note that Halderman's report neither alleges nor supports any claims of election fraud in the 2020 election.)

Among just some of the report's disturbing findings, according to Halderman today: "We discovered vulnerabilities in nearly every part of the system ... The most critical problem we found is [a] vulnerability that can be exploited to spread malware from a county's central election management system to every BMD [touchscreen Ballot Marking Device] in the jurisdiction. This makes it possible to attack the BMDs at scale, over a wide area, without needing physical access to any of them."

He adds, "Our report explains how attackers could exploit the flaws we found to change votes or potentially even affect election outcomes in Georgia."

One vulnerability allows an attacker to simply place a USB drive into a slot to install malicious code that could modify the election definition file to change election results. Another allows voters to print as many ballots as they like. Another allows malware to change both QRCodes printed on the ballots, which are used by the system to tally votes, and to even change the text of the printed ballots themselves.

We're joined today to discuss all of this by longtime cybersecurity and voting system expert RICHARD DEMILLO, professor at the Georgia Institute of Technology, where he recently founded Georgia Tech's new School of Cybersecurity and Privacy. He formerly served as Chief Technology Officer at Hewlett-Packard, in a leadership position at the National Science Foundation, and on the board of the Verified Voting Foundation. He has also advised plaintiffs in the Curling case.

"What we learned," from Halderman's report, he tells me today, "is that these voting machines are approximately like every other computer that we have in our daily lives. They don't work all the time, they're subject to being hacked, they get misconfigured easily, they get lost, they get stolen, sometimes people use them for illegal activities. And all the assurances that we have from voting machine companies and Secretaries of State --- about how well these machines are curated, vetted and tested --- is what experts have known all along as just a bunch of crap."

"The level of naivete, I think, involved in managing this technology is mind-boggling," DeMillo argues, citing Raffensperger's resistance to hardening the systems --- or, better yet, moving to hand-marked paper ballots --- "as a personal affront to his abilities."

"The headline here is that the things that you worry about --- and, kind of embarrassingly, the things that the election deniers are setting their hair on fire about --- is pretty close to what the vulnerability is. With modest capabilities, someone who had resources could attack, in the case of Georgia on a statewide basis, and install malware that could change votes."

"The Sec. of State's office in Georgia is tied emotionally to this idea of Ballot Marking Devices," says DeMillo. "You would think that saner minds would prevail and they would step back and say 'Why don't we move to a technology that is safer? We know how to manage the risk that is hand-marked paper ballots.' Which, by the way, 70% of Americans use to cast their votes anyway."

So, will unsealing Halderman's report make the system more vulnerable or less so? That, and much more, is part of today's must-listen conversation with DeMillo...

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On today's BradCast: The whole scam seems to be collapsing in on them. Sad! [Audio link to full show is posted below.]

• Jack Smith exists!: Seriously! Here's video proof!

• Trump troubles: Last week, a former U.S. Air Force intelligence officer was sentenced to three years in federal prison for unlawfully keeping classified documents related to national defense in his home. If he got three years for what he reportedly did, life should be getting very very difficult for what Donald Trump did when he stole thousands of pages of documents, many of them highly classified, upon leaving office, stored them at his home, and obstructed attempts by the federal government to retrieve them. A former federal prosecutor believes an indictment in Special Counsel Jack Smith's stolen document case against the former President could come as early as "this week". Given the Trump attorneys meeting at DoJ on Monday, and the apparent panic exhibited by Trump at his dumb social media site thereafter, that prosecutor could be correct.

• More trouble for more GOP "voter fraud" fraudsters: Last week, longtime GOP fraudster and fake journalist James O'Keefe was sued by his own fake news organization for abusive behavior and allegedly ripping off the company, including, for example, for $150,000 in luxury car services. This week, Catherine Engelbrecht and Gregg Phillips, the "voter fraud" fraudsters behind the discredited 2,000 Mules film and who run the phony, rightwing True the Vote nonprofit, were called out in a complaint to the IRS for allegedly violating state and federal laws in using the nonprofit to enrich themselves with unlawful loans, unreported lucrative contracts and other apparent self-dealing.

• Kurt Cut the Wires: Since 2020, we've been reporting on Republican election officials unlawfully breaching, copying, and distributing computerized voting system software in states such as Colorado, Michigan, Pennsylvania and, in most detail (where there is more coming soon, methinks), Coffee County, Georgia. Those incidents appear to have been part of a multi-state conspiracy overseen by disgraced Trump lawyer Sidney Powell and hatched in the Oval Office with Donald Trump and others on December 18, 2020, according to testimony given to the House January 6 Committee. But, in what appears to be a separate (if somewhat related) incident this week, a nonprofit group in Missouri is calling out the Director and Deputy Director of Elections in the very right-leaning town of St. Charles for breaking the seals on voting machines and cutting wires inside them to prevent what they believe is the ability for the systems to connect to the Internet. Tampering with voting systems is a violation of several state laws. And these yutzes, Director Kurt Bahr and Deputy Director Mark Parkinson, appear to admit to the whole thing. On video tape. Viewable at KurtCutTheWires.com.

• Unequal justice: Last year, just before the primary elections in Florida, Gov. Ron DeSantis called a televised press conference in the Democratic stronghold of Broward County to announce the arrests of 20 former felons for voter fraud just days before the state's 2022 primary elections. The stunned and mostly people of color --- who were allowed to register and vote by the state --- were rounded up on video tape for what DeSantis declared to be unlawful voting as former felons convicted on charges related to murder or sex crimes. But, as the Orlando Sentinel reports this week, a State Attorney in a Republican stronghold, just months earlier, "declined to prosecute six voter fraud cases that involved circumstances strikingly similar to the cases later brought against 20 ex-felons by Gov. Ron DeSantis' election police unit and statewide prosecutors." Those cases were dismissed because, as the prosecutor determined, their fraud was "not willful"...just like the 20 who DeSantis had rounded up and arrested in Broward just days before last year's elections. Despite DeSantis' promise at his presser last year that there would be more arrests, there have only been four. The six from Republican Lake County are not among them.

• GNR returns!: Desi Doyen is back with our first Green News Report since returning from a much-needed break last week. Somehow, she manages to get us all caught up with everything we missed and in just 6 minutes!...

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With their policy positions wildly unpopular among Americans, is it any wonder that Republicans are now doing little more than lying about their beliefs, crashing the economy, using the government to funnel money to wealthy campaign donors, and otherwise adopting laws, where ever they still can, to prevent non-Republicans from winning elections? And those are their non-violent strategies, as detailed on today's BradCast. [Audio link to full show is posted below this summary.]

Among our many stories today...

• A 19-year old from Missouri, apparently with a Nazi flag in his rented truck, is charged with "threatening to kill, kidnap or inflict harm on a president, vice president or member of their family; assault with a dangerous weapon; reckless driving; destruction of federal property; and trespassing," after attempting to ram the truck into Lafayette Square across the street from the White House on Monday night. MAGA Republicans online seem to think the Nazi flag was an FBI setup to make them look bad. They may not have thought through that argument very well.

• TAP's Ryan Cooper details the evidence that makes it plain as day that Congressional Republicans couldn't care less about the national debt or budget deficits in their pretend case against raising the statutory (and, almost certainly unconstitutional) Debt Ceiling law. If they actually cared about the debt or deficits, they wouldn't oppose raising revenue, among other things. But House Speaker Kevin McCarthy's fight, on behalf of his party, is not about debt. It is about using terrorism to crash the economy in hopes of hurting Democrats before the next election. They've been pulling this trick for years now. Perhaps Democrats should stop falling for it?

• According to separate reports from WaPo and NYT last night, Special Counsel Jack Smith has subpoenaed information from the Trump Organization on its business dealings with China, France, Turkey, Saudi Arabia, Kuwait, the United Arab Emirates and Oman since 2017, as part of his probe of the documents, many of them highly classified, that Donald Trump stole from the White House upon leaving office. Now why would Smith want to do that?

• Trump appeared remotely in New York court today to be instructed by the judge overseeing his 34 felony count indictment in the Stormy Daniels hush-money case, that he may not share certain evidence from prosecutors over social media. He may not even view some of it without his lawyers present. A date was also set for the beginning of his trial, on March 25, 2024, smack-dab in the middle of next year's Presidential primary season. Should be fun.

• In a somewhat more immediate Trump Criminal Accountability Calendar Item, Fulton County, Georgia District Attorney Fani Willis has now informed Fulton's Chief Judge that, other than leadership and "armed investigators", the bulk of her staff will be working remotely from July 31 though August 18. That syncs up with dates that Willis previously suggested indictments were likely to be brought in her office's investigation "into possible criminal interference in the administration of Georgia’s 2020 general election". She requested that "judges not schedule trials and in person hearings during the weeks beginning Monday, August 7 and Monday, August 14." So, yeah...mark your calendars. It may get hotter than usual in Atlanta this summer.

• We would have covered the above story sooner, but it came out as I was being deposed last week in a lawsuit [PDF] filed by the Coalition for Good Governance against Georgia's SB202 voter suppression law. I am a named plaintiff in the case, representing media, regarding provisions of this terrible bill that unconstitutionally chill and/or otherwise dangerously prevent press freedoms and public oversight of elections in the Peach State. While my three-hour depo last week went very well, I believe, I'll hold more specific thoughts for later, as other plaintiffs in the case are still going through their own depositions. But, another provision being challenged by CGG in this terrible bill --- best known for blocking the distribution of food or water to voters waiting in line to vote --- is a scheme that allows the State to replace entire, elected, local Boards of Elections with a single appointee of the Secretary of State's choosing. That wildly undemocratic provision, supported by GA's Republican Sec. of State, Brad Raffensperger, is now being echoed in...

• ...Texas! Lawmakers in the Lone Star State on Tuesday were voting on two bills that will allow local election officials to be replaced by someone chosen by the Republican Governor's hand-picked Secretary of State, and otherwise make it easier to interfere with local elections. However, these provisions only apply to Counties in Texas with more than 3.5 million voters. As it turns out, the only such county in the state that meets that requirement is Houston's Harris County, a now reliably "blue" part of a "red" state turning more "purple" by the year. If ya can't beat 'em...commandeer their elections and right to vote.

• Finally, Desi Doyen joins us for news on a massive cyclone now aiming directly for the U.S. territory of Guam after spinning up from almost nothing overnight to a catastrophic category 4 Super Typhoon today. That, followed by our latest Green News Report, with important news in the war over water in the drought-stricken U.S. west, and some great news about sweeping, landmark environmental and climate legislation being adopted by Minnesota, now that Dems have taken control of both chambers of the state legislature and its governor's mansion...

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It will be a landmark moment for election transparency in Arizona, argues the man who has championed the bill for years, as discussed on today's BradCast. Along the way, the longtime, dyed-in-the-wool progressive and non-partisan election transparency advocate has brought key allies on board, including the state's former Republican Secretary of State and its current Democratic Secretary of State. The big question, now that the bill has passed out of the legislature: Will the state's Democratic Governor sign the bill into law? [Audio link to full show follows this summary.]

John Brakey, of the non-partisan election integrity group AUDIT USA in Tucson, has been a guest on this program many times over the years. He is, perhaps, most famous for revealing that the silly CyberNinjas carrying out a so-called audit of the 2020 Presidential election in Maricopa County (Phoenix) in 2021 were searching for bamboo fibers in ballots in hopes of proving China had somehow stolen the election from Donald Trump in the state. (They didn't. The "audit" would prove, in fact, that Joe Biden beat Trump by an even larger margin than originally reported.) After years of reaching out to lawmakers on all sides of the aisle, Brakey's bill to declare digital ballot images as public records available to all was finally adopted by both chambers of the very Republican Arizona state legislature this week.

Sadly, just three Democrats voted in favor of it in the Senate, even though the state party included a call for such a measure in their party platform years ago. But Brakey was finally able to win over enough support to see the bill sent to the Governor's desk this week, with the support of AZ's new Democratic Sec. of State Adrian Fontes and the state's former Republican Sec. of State, now a state Senator and our guest on today's show, KEN BENNETT [pictured above].

Bennett and Brakey worked closely together to oversee the 2020 audit in Maricopa as Bennett served as a liaison to the state Senate.

For those unaware, digital ballot images are created by most scanners that tabulate ballots across the country. They are, essentially, digital photos of the actual paper ballot cast by the voter when it is scanned. The tabulator then uses those images to tally the voter's selections. The newly adopted bill in AZ, HB2560, would make all of those images available to the public almost immediately after elections. If so, anyone would be able, if they wish, to download them, examine and count the ballots to their heart's content.

As Senator Bennett explains today, the bill also mandates the release of the Cast Vote Record (CVR), a spreadsheet version of every ballot cast and the votes on each ballot, allowing the public to match a digital ballot image to its corresponding row in the CVR to make sure the computer tabulators tallied it as cast by the voter.

In addition to the release of those two sets of records, HB2560 also mandates that a list of all registered voters is made available before the election (those are already public records), and a list of those who voted in the election, greatly increasing transparency and critical public oversight of elections.

"Most of the allegations of impropriety or fraud that I and John Brakey and others have had to deal with over the months and years have to do with three major categories," Bennett tells me today. "One: are there unauthorized voters being allowed to vote in the system?" He says that's what the two voter lists will be able to tell us. "Another general aspect of criticism of the elections --- when certain people lose --- is, 'There had to have been unauthorized ballots injected into the system in favor of someone else.' That's addressed by the fact that there should be one ballot image --- no more, no less --- for everyone who voted. If the ballot images can be shown to match the exact number of voters who voted, then that goes away immediately."

"The third general accusation about stolen or fraudulent elections is that there are either mistakes or intentional manipulation of the machines, or something to transfer votes from one person to another. That is addressed by the Cast Vote Record being comparable to each or every ballot image to make sure they were, in fact, added up correctly."

While hand-counting the original article (as opposed to a digital photo of it), may still, ultimately, be the Gold Standard for democracy, this scheme gets us darn close in many ways. And, arguably, it may be even better in some aspects, in that it allows each and every individual in the state to count the ballots for themself if they wish --- at no cost! Brakey hopes to see a similar regime in every state in the country.

Bennett explains why he believes most Dems in the state legislature opposed HB2560, even though Sec. Fontes spoke passionately in favor of the bill during a legislative hearing earlier this year and, as Bennett notes, "this concept was part of the Arizona State Democrat Party state platform in 2012, no less."

"This is not a Republican idea or a Democrat idea," Bennett contends. "This is an election integrity idea that is supported by Republicans, Democrats and Independents." He is disappointed more Dems did not come on board, but offers an explanation for that on today's show, suggesting it was for political reasons, "rather than the legitimacy of the bill itself."

In fact, Jenny Guzman, Program Director at Common Cause of Arizona, has been whipping against the bill in misleading op-eds and emails to members, derisively referring to it as "the Voter Privacy Violation Act" and falsely claiming it will reveal how voters voted. (We reached out to her for an explanation of her somewhat bizarre critique some time ago, but received no response. A very good rebuttal to her claims is posted here.) While Brakey, Bennett and Fontes worked in a bipartisan fashion to modify the bill to answer to any and all concerns, Guzman has continued to mislead the public about it. Bennett politely described "a couple of her critical claims" as "just not true."

"Voting is a sacred and secret process," argues Bennett. "Once we have disassociated the ballots from any particular voter, the counting of our ballots needs to be a very public process, and it needs to be verifiable by the public." He argues this system will help prevent false claims by election deniers like Kari Lake, 2022's failed GOP candidate for Governor. "When that visual proof is verifiable --- by candidates, by regular citizens, by the media, by universities, by election scrutineers like John Brakey's AUDIT USA group down in Tucson --- all of that can and will be verified."

So, will the state's Democratic Governor Katie Hobbs now sign the bill into law? That is unknown, though Bennett believes "we've got a good chance" given her familiarity with the systems and issues at hand as the state's previous Secretary of State before becoming Governor this year. We'll find out within days. Bennett urges voters, both in AZ and elsewhere, to contact the Governor and let her know your feelings about HB2560 to Engage@AZ.gov or via the Governor's website.

ALSO ON TODAY'S SHOW: While HB2560 is an excellent election bill adopted by a far-right leaning state legislature in AZ, I've got a few thoughts on a terrible election bill, Georgia's SB202 voter suppression bill, adopted by the far-right legislature in the Peach State. (I am serving as a named plaintiff representing media in a lawsuit filed against the bill by the Coalition for Good Governance). And Desi Doyen joins us for our latest Green News Report...

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UPDATE 5/22/23: Arizona's Democratic Governor Katie Hobbs has vetoed HB2560. Details now here...

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It's been quite the GOP crime wave this week on The BradCast. But today, in addition to that we've got some disturbing --- if not entirely unrelated --- kinda mind-blowing exclusive news out of a federal courtroom in the great state of Georgia. [Audio link to full show follows at the bottom of this summary.]

After quickly covering today's news on the 13-count federal indictment [PDF] filed in New York against Rep. George Santos (R-NY) for charges including wire fraud, money laundering, theft of public funds and making false statements to Congress, it's back to Georgia.

We have, for years now, been covering the long-running federal lawsuit challenging the use of the state's expensive, unverifiable, and --- according to one of the nation's top experts --- wildly vulnerable and insecure touchscreen voting systems.

The touchscreen Ballot Marking Device (BMD) systems made by Dominion Voting, currently in use in Georgia, were selected for use in 2020 by Republican Sec. of State Brad Raffensperger. He did so against the strong recommendations of cybersecurity and voting system experts following a ruling by a federal judge, in 2019, barring the further use of the state's previous touchscreen voting systems made by Diebold. U.S. District Court Judge Amy Totenberg found the previous systems to be unverifiable, insecure and, thus, unconstitutional. Unfortunately, instead of moving to a hand-marked paper ballot system at the time, as strongly recommended by experts, Raffensperger chose new touchscreen systems that had many of the same problems as the old ones.

The plaintiffs in the original federal case, Curling v. Raffensperger, quickly moved to bar the Dominion systems from being forced on every voter at every polling place in the state, as Raffensperger demanded. That suit continues. As part of it, Dr. Alex Halderman of the University of Michigan, an expert for the plaintiffs, was allowed to examine the Dominion touchscreen systems and found vulnerabilities so serious that Judge Totenberg sealed his complete findings, even from the plaintiffs! The U.S. Cybersecurity and Infrastructure Security Agency (CISA), however, was allowed to review Halderman's sealed report and made a list of critical software and physical security recommendations for the continued use of those systems in the battleground state.

Now, according to the transcript [PDF] from a hearing in Judge Totenberg's court last week in the Curling case, an attorney for the Sec. of State's office explained that while Dominion has completed CISA's recommended upgrades to the software and has had them certified for use by the U.S. Elections Assistance Commission (EAC) in late March, the state will not be installing those software upgrades until after the 2024 Presidential election.

As explained to the judge by the State's attorney Bryan Tyson, after spending hours "with the technical staff in the Secretary's office" and "hearing from folks with Dominion", it was determined that upgrades to the state's 35,000 touchscreen voting machines would be delayed until 2025.

"No jurisdiction has yet installed that upgrade...It has not been used in any election yet," Tyson told Judge Totenberg. "The upgrade process is a very intensive multistep process that involves multiple pieces of media, multiple components, and it involves touching every piece of the election system."

He explained that "every ballot-marking device has to have three different pieces of media installed on it to complete the upgrade. Every precinct scanner has to be upgraded. Every central count scanner has to be upgraded. And every election management server also has to either be replaced or upgraded. So, the implementation process for doing that is very involved."

According to our guest today, MARILYN MARKS of the Coalition for Good Governance, one of the plaintiffs in the Curling case, plaintiffs were stunned by the news. "You could hear gasps in the courtroom," she tells us today. "2025?! Immediately everyone thought, 'Presidential election, Georgia swing state.' We will have no way of knowing who won. And let's don't forget how much of a tinderbox Georgia was after the 2020 election. I believe it was a key part of the tinderbox that led to the insurrection. We're asking for it again."

There is, obviously, a lot to discuss on this matter with Marks today, including the most obvious point that, had Raffensperger listened to the experts and gone with hand-marked paper ballots, upgrading just one scanner per precinct for security reasons would have been a hell of a lot easier, faster, and cheaper, than upgrading every single voting machine --- 35,000 of them --- across the state.

"And we're not even beginning to talk about all of the warranty costs, maintenance costs, and printer costs and all that this system involves, when we're talking about just being a substitute for a ball-point pen," laments Marks. In addition to the time the State claims it will now take, she estimates the cost for upgrading the otherwise brand-new, $150 million system just purchased for first-time use in 2020 is likely to be in the tens of millions of dollars. "I don't think that $50 million and upwards is going to surprise anyone."

So, there is much more to discuss about all of this with Marks. Please tune in for the full conversation. But there was one more stunning bit of related breaking news from Marks today...

There was far too much news to fit into one BradCast today. We tried to do it anyway. [Audio link to full show follows below this summary.]

Among our many stories...

• It was difficult to notice this week, but there was yet another very good election day on Tuesday for non-Rightwingers, including more bad news for MAGA World in several local contests around the country. In Lincoln, Nebraska, incumbent Mayor Leirion Gaylor Baird, supported by Democrats, defeated a well-funded opponent supported by the state's billionaire Republican U.S. Senator (and former Governor) Pete Ricketts and fellow billionaire publisher Thomas Peed. Gaylor Baird won by nearly 10 points. Apparently, ads describing Lincoln, the state capital, as a dystopian hellhole did not go over well with voters...in Lincoln.

• A MAGA election conspiracist and local elections clerk named Stephanie Scott (pictured above), was tossed out of her job in a rare recall election on Tuesday in Adams Township, Michigan in Hillsdale County, one of the state's most Republican-leaning areas. Scott is under state criminal investigation after refusing to turn over her town's computer vote tabulator in 2021, which she believed held evidence of fraud revealing Democrats had stolen the state's Presidential election in 2020. That, in a town that Trump/Pence won with 75% of the vote that year. (If the story sounds familiar, see Tina Peters, former Mesa County, Colorado Clerk, who has since been tossed out of her job and indicted on 10 counts.) This appears to be part of the multi-state MAGA conspiracy to breach voting systems, hatched at the Trump White House in December 2020, as we detailed again last week. Scott was defeated by a 2 to 1 margin on Tuesday by an independent challenger running on the slogan "Make Adams Township Boring Again".

• But, if ya can't beat 'em, suppress their vote! That seems to be the Republican plan for "winning" elections from here on out, apparently. After losing statewide ballot initiatives that would have restricted abortion rights last year, including in so-called "red" states like Kansas and Kentucky, the GOP is now hoping to game the ballot initiative process itself in several states. The most immediate and noteworthy is Ohio, where supporters of reproductive freedom hope to place an initiative on the ballot in November to establish a state Constitutional right to abortion. But Republicans, who just four months ago adopted a statute ending costly August elections, are now moving to place an amendment on the ballot in a $20 million Special Election in August that would raise the requirement for adoption of Constitutional Amendments from a simple majority vote to a required 60% for passage. (Ironically, the GOP lawmakers own Amendment, if voted on in August, would only require 50% to be adopted.) Other gerrymandered GOP states are now attempted to do the same thing, including Missouri, where Republican lawmakers there are doing something arguably even more insidious in their own attempt to fool voters into supporting their anti-democracy measure.

• And then there's Florida, where democracy goes to die. The state legislature has just passed a one of their final gifts to beleaguered Presidential hopeful Ron DeSantis: a 96-page law that will, among other things, severely restrict voter registration by nonpartisan third-party organizations. As recent research finds, Black and Latino voters are more than five times more likely to be registered by third-party groups than White voters. DeSantis is expected to sign the legislation soon as one of his last official acts before declaring his 2024 candidacy. It will be the third year in a row that Sunshine State Republicans have adopted new voting restrictions.

• A D.C. jury on Thursday convicted four members of the far-right, racist militia group, Proud Boys, of seditious conspiracy, obstructing an official proceeding, conspiring to impede Congress from performing its duties, obstructing law enforcement and other federal crimes related to their participation in Donald Trump's Jan. 6, 2021 insurrection at the U.S. Capitol. The charges for conspiracy and obstruction of an official proceeding both carry sentences of up to 20 years in prison. Their former leader, like Donald Trump, was not even at the Capitol during the riot, but was among those found guilty. All of that good news is likely very bad news for the former President and the specific federal charges likely to soon be brought against him.

• In still more bad news for Trump today, his lawsuit against the New York Times and several of their reporters, charging an "insidious plot" to obtain his tax records resulting in Pulitzer Prize-winning reporting by the paper, was tossed out by a New York judge on Wednesday. Moreover, the judge --- finding Trump's claims "fail as a matter of constitutional law" and that the paper's newsgathering efforts were "the very core of protected First Amendment activity" --- ordered Trump to pay all of the attorneys fees, legal expenses and other associated costs for the Times and their reporters.

• ProPublica strikes again. First they revealed that GOP megadonor Harlan Crow showered U.S. Supreme Court Justice Clarence Thomas for decades with hundreds of thousands of dollars in luxury vacations which he unlawfully failed to disclose. Then they reported that Crow had actually purchased Thomas' mother's house from him, made nearly $40,000 worth of improvements to it, and has allowed the corrupt Justices mom in it, rent-free, ever since. None of that was ever disclosed by Thomas either, in violation of the law. And now, on Wednesday, they did it again. Their latest bombshell scoop documents how Crow's company paid for years of tuition to private schools for Thomas' grandnephew who the nation's longest serving Justice says he raised "as a son" since taking legal custody at the age of 6. The tuition for the boy, now in his 30s, amounted to approximately $100,000. Congressional Republicans continue to applaud the unspeakably corrupt Thomas.

• Finally, as you haven't had enough already today, Desi Doyen joins us for our latest Green News Report to detail the unprecedented heat wave in Spain, as Italy's rivers dry up; the EU's passage of "the biggest climate protection law of all time"; and New York's adoption of a landmark law banning natural gas hookups in new building construction...

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On today's BradCast we catch up on where each of the major, still-unindicted criminal investigations of Donald Trump currently stand with the one person who may pay closer attention to the details of the cases than even the prosecutors working on them! [Audio link to full show follows this summary.]

Over the weekend, longtime national security journalist MARCY WHEELER of Emptywheel wrote three articles, summarizing the latest status in each of the three ongoing criminal probes of the already-criminally-indicted-in-New-York former President, and what the final issues are that prosecutors must nail down before indictments can be brought.

Those cases include Special Counsel Jack Smith's federal investigations of Trump's January 6 related conspiracies and the documents he stole from the White House, as well as Fulton County, Georgia District Attorney Fani Willis' broad probe into Trump's failed attempt to strong-arm state officials into stealing the 2020 election from Joe Biden.

Among the many points discussed with Wheeler, who joins us today from Paris...

On Jan 6 and related matters:

• Why determining the legal definition of "corrupt purpose" in the D.C. federal court circuit, in regards to Trump's attempt to obstruct the Electoral College vote certification, is so important to Smith's case.
• Why pending cases against Jan. 6 insurrectionists remain key to that definition.
• Why the fake electors schemes in several states and Trump's fraudulent fundraising on his lies about election fraud is also critical to Smith's case.
• Evidence that Trump's own attorneys knew in advance that their fake electors scheme was unlawful.
• Why nailing down testimony from cooperating witnesses is so important and whether former VP Mike Pence --- who testified before Smith's federal grand jury last week about Trump's attempt to have him assassinated --- can be made into a sympathetic witness on the stand.
• Will we see a broad set of indictments against Trump regarding Jan. 6 or just one or two focused, easily provable charges?
• Is Smith investigating the multi-state conspiracy to breach voting system software in states like Georgia, Michigan, Colorado and elsewhere as part of his probe?

On the Stolen Documents:

• What's the hold-up in bringing charges on what has always seemed like the simplest of the many ongoing cases?
• Why it's helpful that Smith is overseeing both this case and the Jan 6 probe, given that several witnesses are key to each of the cases.
• What the specific criminal charges may ultimately be, and the important related decision on whether they will be brought in Florida or in D.C.

On the GA Conspiracy:

• What's the hold-up for D.A. Willis in bringing charges in the Georgia-related crimes?
• Why Trump is likely to try and move any GA charges to the federal level (and into Smith's lap).
• How and why a number of co-conspirators may have suddenly decided to cooperate with Willis after all in recent days.
• How there may be an additional 24(!) previously-unknown witnesses to Trump's infamous Jan 2, 2021 phone call to the GA Sec. of State attempting to strong-arm him to "find" 11,000 votes to steal the state's election from Biden.

That's just a sample, of course. Wheeler joins us for the full hour. Dig in...

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Time is running out on today's BradCast. [Audio link to full show follows this summary.]

Among the many clock-ticking stories covered today...

• The contract for film and television writers ran out as of midnight last night. Today, 11,500 union members in the Writers Guild of America went on strike. The late-night comedy shows have already been shut down and, sadly, Americans are likely to be less well-informed because of it. We explain.

• The deadline for how long Republicans can hold the nation and world economy hostage to ill-considered, self-destructive extremist idiocy --- before blowing everything up and creating a first-ever default of the U.S. Government in the process --- got much closer as of Monday. The new earliest date for when the U.S. Government may run out of authority to borrow the funds needed to pay for stuff that Republicans and Democrats alike long ago committed to paying for is now June 1, according to Treasury Secretary Janet Yellen.

  Yet, House Speaker Kevin McCarthy and his band of reckless Republicans in Congress continue to exploit our dumb debt limit law to try and extort huge cuts to food and health care to millions of Americans (including veterans) along with a rollback of critical climate crisis initiatives in exchange for not destroying the nation's economy.

  President Biden is right not to negotiate with terrorists on this matter. The way the media covers this mess, however, will make a big difference in whether or not Biden's able to continue to do the right thing. In the meantime, we sure do hope he has a plan to handle the worst-case scenario that today's gerrymandered, death-wish GOPers may actually be dumb enough to cause for the first time in U.S. history.

• Not all Republicans have a death wish, apparently. On the same day last week, in two different "red" states, South Carolina and Nebraska, a handful of Republican state lawmakers voted to protect abortion rights. For now. It took the only two female Republican state Senators in South Carolina and one 80-year old Republican in Nebraska to block complete bans on reproductive freedoms. We'll see how long that lasts and/or if any other GOPers can figure out why they keep losing elections that they should have won after the corrupt U.S. Supreme Court overturned Roe v. Wade last year.

• Back in February we covered the news from Washington Post's Josh Dawsey that the Donald Trump's Campaign paid $600,000 to a research firm to investigate every single potential claim of fraud in the 2020 Presidential election. They found absolutely nothing and told Trump as much in December of that year. Nonetheless, on January 6, 2021, Trump went out and lied yet again to his supporters about fraud in the election, even though he was told all such claims were baseless. And now, Dawsey reports, a second firm was paid $750,000 by the Trump Campaign at the same time to also find no evidence of fraud. That firm told him as well, in advance of January 6. Special Counsel Jack Smith has now reportedly subpoenaed records and testimony from both firms, as he probes the Trump Campaign fraudulently raising more than $250 million from their own supporters based on fraudulent claims we now know Trump absolutely knew to be fraudulent at the time he made the fraudulent claims.

• Finally, Desi Doyen joins us for our latest Green News Report with non-fraudulent news on the impact of climate change on East Africa's deadly drought; the corrupted SCOTUS plans to undermine climate regulations next term; SpaceX grounded in Texas; and some better news for the climate out of the great state of California...

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It's another red alert day on The BradCast today, regarding the precedent crushing plans of our stolen, corrupted and packed Rightwing U.S. Supreme Court majority. They've got two different plans, in fact, for two different ways to overturn decades, if not centuries of critical precedent on federal elections and the power of federal agencies. [Audio link to full show follows below this summary.]

FIRST UP, we begin in the state of North Carolina where, last year, a 4 to 3 Democratic majority on the state's Supreme Court found the GOP-majority state legislature had drawn up new legislative and Congressional district maps that constituted unlawful partisan gerrymanders under the state Constitution. The state court ordered fair maps to be drawn up, resulting in the election of a Congressional delegation in 2022 that had 7 Democrats and 7 Republicans in the very closely divided state.

State Republicans, however, challenged the high court's ruling by filing a case named Moore v. Harper with the U.S. Supreme Court, arguing that an obscure clause in the U.S. Constitution allows state legislatures and only state legislatures to create rules and laws for federal elections. Neither state courts nor constitutions can tell them otherwise, they are arguing.

It's a fringe concept known as the Independent State Legislature theory, which has never been blessed by a majority at SCOTUS. But Republicans are hoping the current, corrupted Republican Court will approve the theory, blocking Governors or Secretaries of State or state Supreme Courts or state constitutions or even voters from setting election laws. We have long warned of the dangers of this case for American elections as we know them. Under this theory, if SCOTUS grants its blessing as many fear [raises hand!], state legislatures could even choose Presidential electors no matter how the state's voters may vote. The U.S. Supreme Court heard Moore v. Harper last December, after we'd spent months setting off sirens to try and let you know about what could happen in that case in advance of next year's 2024 Presidential election.

Last November, however, NC voters elected two new Republicans for their state's high court, giving Republicans a 5 to 2 majority. And, last Friday, after rehearing the exact same gerrymandering case in which they had previously ordered new maps, the new Republican court majority reversed the same court's previous ruling, allowing partisan gerrymanders to return in advance of 2024. The likely result will be a House delegation with 10 Republicans and 4 Democrats. That, even though there had been no changes to the law, and no new facts were presented to the newly GOP-led state Supreme Court. (They also reversed a previous ruling that had restored voting rights to some 55,000 former felons, and a ruling that had blocked a photo ID voting restriction that violated the state's Constitution.)

What does this unprecedented reversal at the NC Supreme Court of a month's old ruling mean for the U.S. Supreme Court's pending ruling in Moore v. Harper? We're joined today to discuss exactly that by DAN VICUÑA, national redistricting manager at Common Cause, plaintiffs in a landmark U.S. Supreme Court case challenging an earlier gerrymandered map in North Carolina following the 2010 U.S. Census.

"I think just the blatant hypocrisy, the clear partisanship, is laid so bare it's hard to see how a decision like this stands" in North Carolina, at least over time, argues Vicuña. But, as to what may happen in Moore v. Harper at SCOTUS, and whether the case will be found moot or the Court will go ahead and issue an opinion anyway, Vicuña would rather get a ruling now than in the next term, when a ruling would come in the middle of the 2024 Presidential election.

"We didn't want this case to be heard in the first place, because the Independent State Legislature theory is, quite frankly, ridiculous," he tells me. "It defies logic, defies legal precedent, defies the intent of the framers of the Constitution. But it was heard. We made our case. We think we won very clearly on the law and the facts, and the history. So getting clarity on the facts well in advance of the 2024 election makes a lot of sense. So we're okay with that, and hope it goes our way."

NEXT UP, more disturbing news today out of SCOTUS. The Court announced on Monday they will take up a case next term that challenges the so-called "Chevron Deference", a landmark ruling from a 1984 case (Chevron v. National Resources Defense Council) which established that experts at federal agencies should be given deference when creating rules and regulations meant to enforce federal laws in which Congress may have been ambiguous regarding certain details.

For example, as Desi Doyen joins us to explain today, the Clean Air Act may grant the EPA a mandate to regulate pollution, but it may not specifically mention which pollutants must be regulated, or how many parts per million constitute unlawful pollution. That's left to experts at the EPA to determine through the rule-making procedures. But Republicans wish to dismantle the ability of federal agencies to make any such rules, granting that authority instead to courts (without expertise) and the industry lobbyists who influence them.

Our corrupted, packed and stolen rightwing SCOTUS now appears ready to "dismantle the administrative state" (as Steve Bannon has long been promising) in a ruling next term that could affect the ability of agencies to create federal regulations regarding everything from the climate crisis to health care to immigration and beyond.

Finally, we finish up with some listener email and phone calls to round out another disturbing hour of The BradCast. Enjoy!...

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Today on The BradCast: Their positions on actual issues are wildly unpopular. Their phony culture war issues are bombing. Is it any wonder the GOP's best chance may now simply be to prevent their opponents from being able to cast a vote at all?

On today's program...

MICKEY MOUSE GOVERNOR: The Walt Disney Co. sued Florida Gov. Ron DeSantis today in response to "a relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials." That, after the company dared oppose the official state position in favor of banning free speech in schools.

COW GOES MOO: A Donald Trump-appointed federal judge has tossed out libel lawsuits filed by doofus Rep. Devin Nunes (R-CA) against an Esquire journalist and its publisher for reporting that the wingnut former Congressman turned Trump social media CEO's family farm "knowingly" employed hundreds of undocumented workers. The judge found the reporting to to be "substantially, objectively true." Almost all 10 of the similarly ill-considered suits Nunes filed against perceived opponents in 2019 have now been dismissed. Only two of them, against anonymous Twitter accounts named "Devin Nunes' Mom" and "Devin Nunes' Cow" remain.

BOARD SILLY: While progressives scored big in marquee contests during the April 4 elections --- liberals won a majority on the Wisconsin Supreme Court for the first time in 15 years, and former teacher and union member Brandon Johnson became Chicago's mayor --- far-right MAGA school board candidates running on phony culture war issues "flamed out", according to Politico, in both Illinois and Wisconsin. They didn't do much better last November, even in "red" states like Missouri and Oklahoma. But GOP operatives apparently plan to keep choking the same chicken in elections later this year and in 2024, even as voters appear to prefer funding schools and keeping kids safe at them, over banning books, stifling free speech, and cancelling LGBTQ kids.

WOULDA WON BUT FOR THOSE MEDDLING (VOTING) KIDS!: Last week, longtime GOP attorney and vote suppressor Cleta Mitchell was caught in an audio recording obtained by Undercurrents' Lauren Windsor at a GOP donor event in Nashville, discussing plans to "combat" young voters by preventing them from voting on campuses in Virginia, North Carolina and elsewhere. She even vowed that Republican lawmakers may be able to eliminate 45 days of early voting and same day voter registration if they played their cards right, and kept giving money to her insidiously named "Election Integrity Network". If Mitchell's name is familiar, it's because she was on that infamous January 2021 phone call with Donald Trump hoping to strong-arm the Georgia Sec. of State into "finding" 11,000 votes to steal the state's Presidential election from Joe Biden.

SEND IN THE CLOWNS: It's bad enough to push secret vote suppression schemes to GOP donors. It's reprehensible for top state Republican election officials to participate in such schemes. But that's exactly what happened at a so-called "Secretaries of State Conference" sponsored by the far-right Heritage Foundation and other anti-democracy groups in February. Documented, a nonprofit watchdog organization, obtained the agenda for the secret conference in which only Republican Secretaries of State were invited to participate.

It was led by longtime, notorious GOP "Voter Fraud" fraudsters and liars like Hans Von Spakovsky, J. Christian Adams, J. Kenneth Blackwell and perhaps most shamefully, current U.S. Election Assistance Commissioner Donald Palmer (appointed to the bipartisan federal agency by Trump). They all schemed with top election officials from 13 GOP-controlled states --- including the chief election officials from Indiana, Florida, Mississippi, Missouri, Montana, Tennessee, Virginia and West Virginia --- in a secret, off-the-record two-day confab.

We're joined today to discuss this appalling revelation by JAMIE COREY, a Senior Researcher at Documented who, with The Guardian's Ed Pilkington, exposed the entire pathetic affair, which, as Von Spakovsky insisted in an email she obtained, was "not a public event. It is a private, confidential meeting of the secretaries." --- Well, the Republican ones anyway, the ones who are supposed to run both state and federal elections in a non-partisan way.

"According to the event invitation we obtained, this is actually the sixth year in a row that they've held this event," says Corey. "And they have privately bragged --- Hans has --- to donors that they are excited that it's just for conservative Secretaries of State. No Democrats allowed."

"Voters should be concerned when you have election officials participating in a private, confidential meeting with former Trump associates, top voter suppression proponents, and groups who have been actively pushing false claims around elections," she explains. "As the agenda pointed out, there was a cocktail reception and dinner after the first day of substantive sessions wrapped up. So what you have there is top election officials, who are going to be overseeing the 2024 Presidential Election in their respective states, wining and dining with all these problematic people."

WHAT'S GOING ON?: Finally, after a few breaking news headlines, we're joined by Desi Doyen for our latest Green News Report as the Biden EPA launches a landmark effort to curb power plant carbon pollution; as Earth hits grim new records; as President Biden opens an office of environmental justice in the White House; and as the U.S. Supreme Court does something right for a rare change. Are they okay?

SHOW NOTE!: We're off tomorrow for unavoidable reasons. As Tucker Carlson once said, see ya next week!...

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