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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Article Categories: Election Reform, Georgia, Voting System Certification, BRAD BLOG Media Appearance, Paper Ballots Legislation, EAC, Touch-Screen DREs/BMDs, U.S. Supreme Court, Dominion Voting, KPFK, Donald Trump, Natural gas, Oil, Samuel Alito, BradCast, Brad Raffensperger, CISA, Election 2024, Michael Luttig, Coffee County

It's a good day on The BradCast. Let's enjoy it while it lasts. [Audio link to full program follows below this summary.]

After a full year of five-alarm warnings on this program about the the Moore v. Harper case at the U.S. Supreme Court, and the havoc its so-called Independent State Legislature theory would wreak on American elections and hundreds of years of American election law if approved by a Court majority, I'm very happy to say, the grave threat is over. For now.

By a 6 to 3 majority, with Chief Justice John Roberts and Justices Kavanaugh and Barrett joining all three liberals on the Court, the fringe ISL theory was soundly rejected (PDF). That theory, pushed by Rightwingers --- especially by Trumpers after the 2020 election --- holds that the U.S. Constitution's Elections Clause, allowing State Legislatures to determine "times, places and manner" of federal elections in their state, also give those Legislatures plenary power to make all laws pertaining to federal elections without the possibility of any sort of judicial review.

Had the Supreme Court majority gone the other way in this case, as many feared, State Legislatures would have had the only power to make such laws and rules. No Gubernatorial veto or state Supreme Court or state constitution --- or even state ballot initiative adopted by voters --- could have blocked them. They could have instituted partisan gerrymanders, even if their state's constitution barred them. They could have chosen which Presidential electors to send to the Electoral College, even if state voters had selected a different candidate. (It is under the ISL theory that Trump and his legal stooges like Rudy Giuliani and John Eastman tried to convince State Legislatures in Georgia, Arizona, Wisconsin, etc., that they had the power to choose Trump electors, even though voters in all of those states had voted for Biden.)

Voting rights advocates are breathing a huge sigh of relief today. Had the Court gone the other way, as many feared, more than 170 state constitutional provisions, over 650 state laws delegating authority to make election policies to state and local officials, and thousands of regulations down to the location of polling places could have been affected or simply overturned, according to Brennan Center for Justice.

Tuesday's news follows several other, surprisingly not insane rulings by the Court in recent weeks, where enough rightwingers peeled off to join the Court's Liberals to avoid worst case scenarios. As Slate's Mark Joseph Stern concludes in his article today on the Moore v. Harper decision, headlined "John Roberts Has Wrested Back Control of the Supreme Court": "So far this term, [Roberts] is once again in the driver’s seat—and the court is acting a lot more like a court than this time last year. It’s too early for grand conclusions. But it sure looks like a majority of the justices want us to know that they are backing away from the brink."

There are a few more major rulings to come --- on Affirmative Action in college admissions; on Biden's student loan forgiveness program; and on another dumb anti-LGBTQ "religious rights" case --- before this year's term wraps up at week's end. Decisions are likely to come on Thursday. But, even adverse rulings on those issues, as expected, are unlikely to have the democracy-rattling effect of what the case over the ISL theory would have wreaked, or had the Supremes gutted what is left of the Voting Rights Act (which was also feared but, also surprisingly, the Court did the right thing instead by following both precedent at the Constitution.) Perhaps a few members of SCOTUS' far-rightwing have learned a thing or two since their disastrous Dobbs decision overturning Roe v. Wade this time last year.

On the other hand, having not learned a think since this time last year is our twice-criminally indicted former President. On Monday night, CNN released the actual audio recording of a meeting cited in Special Counsel Jack Smith's 37-count felony indictment [PDF] against Trump on charges related to violations of the Espionage Act and obstruction of justice. It's a tape of the July 2021 meeting at his Bedminster, New Jersey resort, as described on pages 15 & 16 of the indictment, wherein Trump claims to be showing classified documents on military plans for an attack on Iran to a group of people writing a book.

Trump is heard in the audio telling his cackling audience that the documents he is showing them are "highly confidential," "done by the military [and] given to me," and that he no longer had the power to declassify them, now that he was out of office.

His recent explanation about the incident to Bret Baier of Fox "News", when asked about the description in the indictment prior to the release of the actual tape on Monday night, appears to be in pretty stark contradiction with what is heard on the audio tape. We play both recordings in full today so you can decide.

We're joined again today by former Republican attorney and U.S. Army Captain turned Daily Kos blogger KEITH BARBER to discuss the Trump tape; how it compares to its description in the Mar-a-Lago indictment; who might have leaked it and why; what the same behavior would have earned him as a member of the military; and what it is likely to mean for Trump's stolen documents case as it plays out in Florida under a wildly inexperienced and arguably corrupt Trump-appointed federal judge.

Finally, Desi Doyen joins us for our latest 'Green News Report' with rough news on the climate changed-fueled extreme weather pounding much of the nation this week (especially Texas), but with some far better news for EV charging standards and the solar industry as it overtakes fossil fuels...

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Article Categories: Election Reform, North Carolina, BRAD BLOG Media Appearance, National Security, Rights And Freedoms, U.S. Constitution, Iran, Accountability, U.S. Supreme Court, KPFK, Donald Trump, BradCast, John Roberts, Election 2020, Gerrymandering/Redistricting, Jack Smith, Aileen Cannon, Bret Baier

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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Article Categories: Arkansas, Fox 'News', Ohio, Florida, BRAD BLOG, Texas, Georgia, BRAD BLOG Media Appearance, Election Fraud, Alabama, Rights And Freedoms, Mainstream Media Failure, U.S. House, Louisiana, Rudy Giuliani, Health Care, Republicans, U.S. Supreme Court, LGBTQ, Dominion Voting, KPFK, Voting Rights Act, Russia, Climate change, Extreme weather, Vladimir Putin, BradCast, Ukraine, Race, Election 2020, Brad Raffensperger, Jim Jordan, Election 2024, Belarus, Yevgeny Prigozhin

On today's BradCast, it's yet another "tour de force" of rightwing U.S. Supreme Court Justice corruption by billionaire Republican megadonors. [Audio link to full show follows this summary.]

But, FIRST UP, a few words on the climate change-intensified heatwaves continuing to pulse through Texas and threatening to max out its rickety privatized electric grid, as officials attempt to conserve their way out of the crisis and as the state's cruel GOP Governor Greg Abbott enacts a big government ban on local ordinances mandating water breaks for construction workers.

Also, a few thoughts today on the indescribably dumb GOP House majority, hellbent on shooting themselves, repeatedly, in their collective feet --- over and over again --- and why they've decided to take out their impotency, frustration and failure, at least this week, on the very effective Rep. Adam Schiff (D-CA).

THEN, the investigative team at non-profit news outlet ProPublica strikes again this week. On the heels of recent blockbuster reports detailing decades of corruption by U.S. Supreme Court Justice Clarence Thomas via hundreds of thousands of dollars in undeclared luxury vacations and travel, gifts, real estate deals and cash payments from rightwing megadonor Harlan Crow (and the Federalist Society's Leonard Leo), it was apparently Justice Sam Alito's time in the barrel this week.

As ProPublica's Justin Elliott, Joshua Kaplan and Alex Mierjeski documented Wednesday, Alito enjoyed private jet travel to a fancy Alaskan fishing excursion some years ago courtesy of rightwing billionaire megadonor Paul Singer. The hedge fund "vulture capitalist" would go on to repeatedly sing the praises of his fishing buddy over the years as "a model Supreme Court Justice" when introducing him at rightwing fundraisers, even as Singer had repeated business before the Court. Alito never declared the subsidized travel with Singer on annual disclosure forms, nor did he recuse himself from SCOTUS cases in which Singer would eventually reap billions of dollars.

Sound familiar? It should. In both Alito and Thomas' cases, the blooming friendships between Justices and billionaires was fostered and massaged by Leo, longtime leader of the far-right Federalist Society, which has been shaping the federal judiciary via Republican Presidents --- and matchmaking between Justices and wealthy benefactors --- for decades now.

We're joined today by the great LISA GRAVES, who previously served as Deputy Asst. A.G. at the Justice Department, Chief Counsel for nominations in the US Senate, and as a Deputy Chief of the Article III Judges Division for the U.S. court system. She now rakes muck as the founder of Truth North Research, helping to expose the toxic and corrupting effect of unbridled rightwing money poured into our political and judicial system from those like Crow, Singer, Leo and the Koch network.

Graves responds to a number of claims made by Alito in his unusual op-ed published by rightwing billionaire Rupert Murdoch's Wall Street Journal this week, where he chose to prebut ProPublica's reporting on Tuesday, instead of either responding to the journalists questions or doing so through the Court's communications office. Graves describes his remarks in the Journal as "extraordinarily deceitful and deceptive."

"Everyone knows that private jet travel is not permissible as a gift of supposed 'hospitality'," she explains. "The hospitality exception in those long-standing gift rules is basically meant to cover things like your high school friend throws you a party for your birthday at their house. Not this sort of post-appointment currying of favor by super-rich people subsidizing a luxury lifestyle through fabulous trips."

She argues the subsidized travel violates the law, along with Alito's failure to disclose it on his annual financial statements. There's false statements on those disclosure forms in which they [both Alito and Thomas] assert there's nothing more to disclose, that they've disclosed everything that they've been obligated to, and they clearly haven't."

"One of the things that this reveals is that the Court actually has no enforceable ethical code which would require the Justices to recuse themselves if there is bias or the appearance of bias, similar to the language that's in the Code of Conduct for US judges that does not apply to the Supreme Court, that they've chosen to not have any enforceable mechanism for."

"If an ordinary person would think that this sort of thing would create bias, a judge basically has an obligation to disclose it and/or to recuse themselves from cases where that bias might be raised," she says. But those rules only apply to the lower courts. When it comes to SCOTUS, the decision of whether to recuse is left entirely up to each Justice.

Graves also offers insight on the corrosive effect of "travel agent" and "matchmaker" Leo, who wields power with donors by hooking them up with Justices for "luxury travel subsidized by billionaires who have business before the Court."

When it comes to Alito, "this is a man who has acted as though he is the keeper of the kingdom in terms of strictly reading the Constitution, claiming this 'strict constructionist' or so-called 'originalist' approach, a faux neutral approach to the law. This is the man who orchestrated the overturning of almost 50 years of legal precedent on abortion. If this guy can't read the actual statute and regulations which expressly describe how [private] jets don't count as hospitality, how can we possibly have any confidence --- and I think most people don't --- that he would act impartially to read the Constitution or the case law around abortion or other issues that he doesn't like?" --- Or, other issues that his billionaire benefactors don't like.

FINALLY, Desi Doyen joins us for our latest Green News Report, which begins with astonishing heat in Texas and India and ends on an even more fowl note...

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Article Categories: Texas, BRAD BLOG Media Appearance, Rights And Freedoms, Accountability, U.S. House, Republicans, U.S. Supreme Court, Clarence Thomas, KPFK, Donald Trump, Federalist Society, Russia, Climate change, Extreme weather, Election 2016, Samuel Alito, Greg Abbott, BradCast, John Roberts, India, Adam Schiff, Donald Trump, Jr., John Durham, Court Reform, Harlan Crow, Paul Singer, Leonard Leo

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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Article Categories: Election Irregularities, Georgia, BRAD BLOG Media Appearance, Accountability, FBI, Vote Caging/Intimidation/Suppression, Rudy Giuliani, Republicans, Dominion Voting, KPFK, Donald Trump, BradCast, Election 2020, Brad Raffensperger, Sidney Powell, Mike Lindell, Election 2024, Fani Willis, Coffee County

Somehow, all of the disparate stories on today's BradCast seem to come together in the end. Whether they make sense or not, we'll leave to you. [Audio link to full show is posted below this summary.]

Among our many stories covered today...

• We start with End Times. A plague of locusts --- of a sort --- across six counties in Nevada. And, yes, the infestation is thanks in no small part to climate change.

• It appears to be the end of the DoJ's 5-year criminal probe of Hunter Biden by a Donald Trump-appointed U.S. Attorney who President Biden allowed, upon taking office, to remain in his job to finish the probe. The younger Biden has agreed to a deal to plead guilty to two tax-related misdemeanors and will be allowed to avoid jail on an even less-often prosecuted gun-related charge which likely would never have been raised at all but for the fact that he is Joe Biden's son and Trump weaponized his Dept. of Justice against his political rivals.

• The federal judge currently overseeing Trump's stolen documents indictment in Florida. U.S. District Court Judge Aileen Cannon, has set an August 14 start date for the trial. Nobody, however, believes it will begin anywhere close to that date.

• Over the weekend, Trump continued to make his defense more difficult and ridiculous in the 37-count federal felony indictment he faces for charges under Section 793(e) of the Espionage Act related to retention of national defense information. He originally (wrongly) claimed that the Presidential Records Act allowed him to take anything he wanted from the White House upon leaving office and it would become his personal property. The Act does the opposite. Nonetheless, Trump blew that defense over the weekend, offering a different explanation for why he refused to respond to a DoJ subpoena requiring he return all documents during a very good interview by Bret Baier of Fox "News". The remarks will almost certainly be used against him at trial --- if one ever happens --- by Special Counsel Jack Smith.

• Another one of Trump's repeated lies (also attempted again during his interview with Baier) is that he declassified all of the highly classified documents he stole before leaving office. While there is no evidence in support of that lie, there is at least one document --- Document #19 in the indictment --- which can't be declassified solely by the Executive, as it pertains to U.S. nuclear weapons. According to the federal Atomic Energy Act, that highly classified record may only be declassified via a lengthy process that includes sign-off from the top officials at both the Dept. of Defense and Energy.

• Another recent defense of Trump's, this one hauled out the night after his arraignment last week, is that "the Espionage Act has been used to go after traitors and spies. It has nothing to do with a former President legally keeping his own documents." In fact, while the Espionage Act of 1917 does have provisions that "go after traitors and spies", it also has a provision that goes after anyone who "willfully retains" national defense information "and fails to deliver it to the officer or employee of the United States entitled to receive it." In fact, there are tons of folks in prison right now who you have never heard of, serving years after pleading guilty to a single count of what Trump has now been charged with in 31 counts. Many of those Americans, who neither spied nor transmitted the documents, were charged, convicted and sentenced between the time Trump became President in 2017 through today.

• And then there are those who are charged under the Espionage Act who should never have been. Reality Winner, for example, was an NSA contractor who stole a classified document detailing Russian interference in the 2016 Presidential election and unlawfully shared it with media in 2017. (Trump shared documents with media as well, according to his federal indictment, though, unlike Winner, not for altruistic reasons.) She was sentenced to more than 5 years in prison under the Trump Administration's Dept. of Justice, even after pleading guilty. She was neither a traitor nor a spy and said she "acted out of love for what this country stands for," in response to Trump's lies that there had been no Russian interference in the 2016 election.

• Which brings us to some thoughts about a different American whistleblower and hero, DANIEL ELLSBERG (pictured above). While working at a defense contractor in the 1960s, Ellsberg photocopied and leaked the so-called "Pentagon Papers" report to the New York Times and Washington Post in 1971. The 7,000-page classified document detailed U.S. lies and atrocities surrounding the Vietnam War. Though never identified by the media he leaked to, Ellsberg turned himself in to federal authorities despite facing more than 100 years in prison under the Espionage Act. The case was eventually dismissed due to government misconduct after the discovery of Nixon's dirty tricksters, E. Howard Hunt and G. Gordon Liddy, overseeing the break-in of Ellsberg's psychiatrist's office seeking incriminating medical records.

  For the next five decades, Ellsberg would go on to become an inspirational anti-war and anti-nuclear advocate, as well as a supporter of whistleblowers like Reality Winner, Chelsea Manning and Edward Snowden. He was also a longtime friend of both this show and The BRAD BLOG.

  Dan Ellsberg died last Friday at the age of 92 after a struggle with inoperable pancreatic cancer. He remains a hero and inspiration to many of us.

  His final appearance on this program was as a guest on our first show after The BradCast moved from a weekly to a daily program back in April of 2015. We share some of our conversation with Ellsberg from that day's show --- regarding the Obama Administration's aggressive prosecution of whistleblowers and a bit more --- on today's program.

• Finally, Desi Doyen joins us for our latest Green News Report, as early extreme summer weather slams much of the south while renewable energy saves the day in parts of Texas and reaches an encouraging new milestone across the rest of the nation...

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Article Categories: Iraq War, Texas, BRAD BLOG Media Appearance, National Security, Whistleblowers, Accountability, In Memoriam, Dept. of Justice, Dept. of Defense, Joe Biden, Nevada, Richard Nixon, KPFK, Donald Trump, Nuclear power/weapons, Climate change, Extreme weather, Election 2016, BradCast, Vietnam, Reality Winner, Jack Smith, Hunter Biden, Daniel Cameron, Bret Baier

Seriously worried about what's going on at SCOTUS. Yet another good decision today. Are they okay? And what does all of this good news mean for their opinions yet to come before term's end at the end of this month? We worry about that and more on today's BradCast. [Audio link to full show follows this summary.]

Nonetheless, most of our stories today are, happily, not horrible. Among the many covered today...

• An obnoxious Fox "News" chyron describing President Joe Biden as a "wannabe dictator" on the day of Donald Trump's federal arraignment on 37 criminal felony counts (and their ham-fisted crocodilian "cover up" thereafter) offers a telling illustration of how the Trump Mind Virus has been implanted into the poisoned brains of his cult followers.

• The faintest of cracks may be emerging in the otherwise seemingly solid GOP support for their disgraced, criminal defendant former President, including an unmistakable plunge of some 15 points for Trump in Ipsos/Reuters polling among Republicans from April to June.

• Rex Huppke's hilarious and brilliantly spot-on "I don't want to live in a country where Trump could be held accountable," further dismantles the absurd claims by those with the Trump Mind Virus that we have a "two-tiered justice system" because Trump is being held accountable for crimes that neither Joe Biden nor Hillary Clinton ever actually committed.

• The attorney for 2016 Russian election interference whistleblower Reality Winner, however, has a few thoughts on our actual two-tiered justice system.

• After stunningly good decisions last week protecting both the Voting Rights Act and Medicaid, the otherwise-corrupted U.S. Supreme Court did it again today, with a 7 to 2 ruling upholding the Indian Child Welfare Act, with Amy Coney Barrett(!) writing the opinion that rejects "all of petitioners' challenges to the statute". Still to come by the end of the month, however: SCOTUS rulings on Affirmative Action in college admissions; the Independent State Legislature theory decision that could wreak utter havoc in the 2024 Presidential election; and whether they will deign to allow Biden to waive up to $20,000 for each federal student loan borrower.

• We've also had some very good news from the lower federal courts as well in recent weeks, including a U.S. District Court judge rejecting Tennessee's Republican Gov. Bill Lee's attempt to stifle free speech by unconstitutionally banning drag shows, and a temporary injunction on portions of Florida's Republican Gov. Ron DeSantis' unspeakably cruel law that places his state's Big Government between doctors and medically necessary treatments for trans children. That, in a state where DeSantis laughably ran for reelection last year with the slogan "Freedom Lives" in Florida.

• Of course, as we've learned since 2016, for GOP American Idiots infected with the Trump Mind Virus, "The Cruelty is the Point". They seem to think it will somehow help them gain or hold power. Illinois' Democratic Gov. J.B. Pritzker, however, in his Commencement Address at Northwestern University this week, has some helpful advice on how to spot an idiot. (Hint: Their cruelty is a dead giveaway.)

• Finally, Desi Doyen joins us for our latest Green News Report, with troubling news for the Summer on both sides of the Canadian border and in Texas. But, there is also a very encouraging landmark trial playing out right now in a Montana courtroom...

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Article Categories: Fox 'News', Florida, Texas, Tennessee, BRAD BLOG Media Appearance, National Security, Rights And Freedoms, Montana, Accountability, Dept. of Justice, Republicans, U.S. Supreme Court, Joe Biden, LGBTQ, KPFK, Canada, Climate change, Extreme weather, BradCast, Native Americans, Mike Pence, Fascism/Autocracy, Donald McGahn, Reality Winner, J.B. Pritzker, Ron DeSantis, Election 2024

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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Article Categories: Diebold/Premier, Georgia, Voting System Certification, BRAD BLOG Media Appearance, Election Fraud, EAC, Accountability, Vote Caging/Intimidation/Suppression, Michigan, Vote-by-Mail, Dominion Voting, KPFK, BradCast, Election 2020, Brian Kemp, Brad Raffensperger, CISA, Detroit, Election 2024, Fani Willis, Election 2022, Coffee County

Not only was it another historic Arraignment Day on today's BradCast, but it was also an opportunity to wish a very happy 77th birthday to our disgraced former President, who was celebrated with the circus-like atmosphere of a smattering of supporters, protesters and observers outside of the federal courthouse in Miami today. [Audio link to full show follows this summary.]

Donald J. Trump's attorney pleaded "Not Guilty" on his client's behalf Tuesday, during his historic arraignment in the Southern District of Florida on 37 federal felonies related to his theft of hundreds of highly classified documents and repeated attempts at obstructing the government from taking them back. Those attempts included, according to the indictment [PDF] filed last week by Special Counsel Jack Smith, efforts to have his attorney Evan Corcoran commit a list of crimes on his behalf.

Former federal prosecutor Dennis Aftergut, detailing the seriousness of these charges yesterday, explained how highly the documents in question were classified and the "bone-chilling" concerns about specific foreign nationals who visited Mar-a-Lago under false identities as Trump stored dozens of boxes of stolen documents haphazardly in a ballroom, a bathroom, a storage room and other unsecured locations at his resort property. "There's never been anything remotely like it," Aftergut contended, adding that Trump's legal peril is "extreme" and "that prosecutors' obligation, should there be convictions, would be to ask for the maximum term of imprisonment available." That would amount to decades in prison for the Birthday Boy.

We're joined today for special coverage analysis by HEATHER DIGBY PARTON, award-winning columnist at Salon and Hullabaloo, and KEITH BARBER, a former Republican attorney who now writes for Daily Kos and Medium.

Among the many points discussed in our very lively conversation today...

• Whether Democrats previously critical of Attorney General Merrick Garland may now have changed their tune.
• The breathtaking nature of this "slam dunk" indictment and these charges.
• Whether Trump's problems finding lawyers to represent him will help or hurt in this case.
• What a lawyer would normally do when a client asks them to violate the law, as Trump allegedly did with his attorney --- and, now, likely star witness --- Corcoran.
• What should we make of the horrible Trump-appointed Judge Aileen Cannon currently presiding over this case?
• Are we any closer to knowing why Trump refused to return the documents, despite repeated polite requests from the National Archives for over a year and a subpoena from the Dept. of Justice?
• What legal strategy should an attorney recommend at this point for Trump --- for example, to seek a plea deal to avoid jail time --- and would Trump even consider such deal?

We also spend some time debunking (yet again) the absurd claims still being made by duped Republicans that Trump is somehow the persecuted victim of unequal justice and that "Joe Biden and Hillary Clinton did the exact same thing, but were never charged for it!" Over the weekend, dopey, dishonest Sen. Ron Johnson (R-WI) even ridiculously claimed on Fox "News" that Trump "decided not to pursue any kind of prosecution of Hillary Clinton" and that "Joe Biden could have made the exact same decision, but he didn't. He allowed a SWAT raid on the very secure residence of President Trump."

Every point made by the lying Senator is simply false. Biden had nothing to do with the FBI search warrant approved by a federal judge after finding probable cause that Trump was committing several serous crimes, including those he's now been charged with under the Espionage Act, at his South Florida resort.

As to the handful of classified documents found at an old office of Biden's and at his Delaware home, Barber explains: "Of course they say, 'They should be treated the same!' So I say, fine, let's treat them the same. Donald Trump was not charged for anything related to any of the documents that he voluntarily returned. So, if you're going to treat them similarly, then Biden [who immediately returned all documents inappropriately found in his possession] should not be charged for any documents that he voluntarily returned. It's simple. And that is what's going to happen."

For her part, Parton dismantles Johnson's stupidly false claims about Trump having "declined" to prosecute Clinton. "There were five investigations into the Clinton email server," she explains, after writing about this very point on Monday. "There was the original FBI investigation. There was a DOJ Inspector General's investigation. There were two State Department investigations. And Bill Barr himself...named a US Attorney in Utah to also look into all that stuff. They all concluded the same thing: Hillary Clinton didn't break any laws with this."

"The facts of the case don't match at all on the Clinton thing," says Parton. "All of this is nonsense, it's what-aboutism. It is, of course, what they would do. And there are a million cases of poor schmucks that worked in the government that did much less than anything that Trump did, much lesser kinds of offenses, that actually went to jail."

All of that and much more in today's special coverage!

Finally, we close with Desi Doyen and our latest Green News Report, because even as Trump now faces a total of 71 criminal felony charges in both New York and at the federal level (with more to come soon), our worsening climate crisis is undeterred and making life much much worse (and deadly) for everyone on the planet...

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Article Categories: Pennsylvania, BRAD BLOG Media Appearance, National Security, Accountability, Minnesota, Dept. of Justice, Hillary Clinton, FBI, Republicans, Joe Biden, KPFK, Donald Trump, Climate change, Extreme weather, BradCast, Merrick Garland, Ron Johnson, William Barr, Pollution, Jack Smith, Evan Corcoran

Thanks, kudos and apologies to our friend Tom Sullivan of Hullabaloo for the headline of today's BradCast (even if he smartly picked it up from someone else). [Audio link to full show follows this summary.]

We've had a weekend of experts and pundits on the TV opining on Donald J. Trump's Friday federal indictment [PDF] on 37 criminal felony counts related to Special Counsel Jack Smith's investigation of Trump's theft of documents from the White House and multiple attempts to conceal his crimes. So it was very good to hear from a lot of listeners on the matter on today's program!

That, as experts warn that comments from Republican elected officials and wannabe elected officials could result in acts of lone wolf violence, if not an organized January 6th-style attack. Just some of those folks would include GOP Trump supporters like Rep. Andy Biggs (R-AZ), who described the attempt at accountability for Trump's criminal violations of the Espionage Act and obstruction of justice a "war phase" requiring an "eye for an eye". And wannabe elected officials, like Arizona's losing Gubernatorial candidate Kari Lake warning "Merrick Garland and Jack Smith and Joe Biden" that she and 75 million Americans who support Trump "are card-carrying members of the N.R.A." at the Georgia state GOP convention over the weekend.

Even Trump's own, wildly corrupt Attorney General Bill Barr scraped up the decency to tell Fox "News" on Sunday that the evidence in the indictment by 23 random citizens in South Florida last week demonstrates Trump is likely "toast" for having stolen highly classified state secrets belonging to the American people, not to the former President. One would think the photos in the charging documents alone, of dozens of document boxes fill with sensitive materials, stored haphazardly at Mar-a-Lago in a public ballroom, a bathroom, a storage space, his office and bedroom, would turn even the most braindead 2016 MAGA "Lock Her Up!" supporter against their cult leader.

But, alas, there remain plenty of disinformed folks out there who still actually believe Trump's preposterous claims belied by his own well-documented actions recorded on tape and by his own attorneys who documented his attempts to use them to commit crimes such as hiding the documents on his behalf and lying to federal officials about them.

And, yes, some of those still-duped folks (who admit they didn't bother to read the indictment) called us on today's show to try and make the case for Trump. A lively call-in segment ensued. Hope you'll enjoy it!

The disgraced former President will be arraigned on Tuesday in Miami at 3p ET, after which he will officially be facing a gob-smacking total of 71 criminal felony counts at both the federal level and in New York state. But there are still more felony charges to come before America's Summer of Accountability concludes...

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Article Categories: BRAD BLOG Media Appearance, National Security, Iran, Accountability, Dept. of Justice, Hillary Clinton, Dept. of Defense, Republicans, Joe Biden, KPFK, Donald Trump, Nuclear power/weapons, NRA/Gun Violence, BradCast, Merrick Garland, William Barr, Insurrection, Andy Biggs, Kari Lake, Jack Smith

On today's BradCast: Yes, some actual, unqualified good and, frankly, surprisingly good news from our otherwise wildly corrupted U.S. Supreme Court on voting rights and racial gerrymandering! [Audio link to full show is posted below this summary.]

Last year, following oral argument at the High Court in Allen v. Milligan, a Voting Rights Act challenge in Alabama, pretty much all Court watchers and voting rights advocates thought that Section 2 of the VRA was in big, big trouble. That, after the Supremes had already gutted Section 5 of the Act in the Shelby County case back in 2013 and have been nibbling away at the rest of the landmark 1965 law ever since.

But on Thursday, Chief Justice John Roberts and Justice Brett Kavanaugh actually joined with the Court's three liberals in a 5 to 4 majority opinion [PDF], upholding a lower court ruling by a three-judge panel --- including two Trump appointees --- which had determined that Alabama must rewrite its redistricted Congressional maps after the 2020 Census to include a second majority Black U.S. House District.

Early last year SCOTUS had used the "shadow docket" to temporarily put the lower court's ruling on hold without a hearing, allowing the 2022 elections to move forward with just one out of AL's seven U.S. House Districts having a Black majority, despite African-Americans comprising some 27% of the state's population. That ruling --- along with tea leaves read from oral argument last year and Roberts' history of working to dismantle the VRA --- led many to believe the Court would permanently allow the state's racial gerrymander to remain in place, effectively overturning the ban on election laws and House maps created with a racially discriminatory intent.

Alabama's GOP gerrymander had been challenged as a violation of both the Constitution and Section 2 of the VRA, after the Supremes' previous gutting of Section 5 of the Act removed the mandate for jurisdictions to demonstrate in advance that new election laws did not discriminate on the basis of race. Challenges under the Act may still be filed under Section 2, but only after the discriminatory voting measure has been enacted.

The Court's actions last year also allowed similar racial gerrymanders in several other states, including Louisiana, Georgia, Texas and elsewhere, resulting in the GOP winning a razor-thin 5-seat majority in the U.S. House in November.

Thursday's stunning decision, according to experts, could net Democrats as many as four or more seats in the House in the 2024 elections, and is likely to affect ongoing legal challenges in as many as 10 states.

Our guest on today's program believes that, "Gerrymandering and redistricting was one of the big reasons why Republicans probably had about a net gain of between 12 and 15 seats [last year] when you look at the various partisan gerrymanders and the various racial gerrymanders that the Court allowed."

We're joined today to discuss all of this, the details of how it happened, and what it appears to mean going by forward by a stunned DAVID DALEY of FairVote, where he is an expert on gerrymandering and author of two different books on the topic.

"I don't even know what to say," Daley explains at the top of our conversation. "I'm so used to delivering the bad news, and all of a sudden I'm a doctor telling you you're going to live forever. This is an unusual role for me."

But, don't worry. Daley is still able to share a number of concerns about several other cases with opinions coming soon from SCOTUS, despite today's unreservedly good news for voters, voting rights, and the future of the not-dead-yet Voting Rights Act!

THEN, with today's excellent news that may well result in Democrats regaining the majority arguably stolen from them by unlawful GOP gerrymanders last November, the current GOP majority in the House is busy eating itself alive. The party's far-right flank has mounted a mutiny on the House floor this week, in rebellion against Republican House Speaker Kevin McCarthy's debt ceiling deal last week with President Biden to avoid the first-ever default of the U.S. Government. And it's all quite hilarious.

FINALLY, Desi Doyen joins us for our latest Green News Report, as the worsening affects of our climate crisis are now choking Americans across much of the east coast and midwest with toxic smoke from hundreds of record, out-of-control, Canadian wildfires blanketing much of the nation. We also cover the Biden EPA's long-overdue upgrades of Jackson, Mississippi's water system and the ecological disaster in the wake of the destruction of a critical dam in Russian-occupied Ukraine.

[NOTE: Today's program was completed just prior to the breaking news late today of Donald Trump's reportedly 7-count federal criminal indictment in Special Counsel Jack Smith's probe in the disgraced former President's stolen documents case. We'll pick up on that historically good news, no doubt, next week!]

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Article Categories: Mississippi, BRAD BLOG Media Appearance, Alabama, U.S. House, Louisiana, Democrats, Republicans, U.S. Supreme Court, EPA, KPFK, Canada, Voting Rights Act, Climate change, Sonia Sotomayor, BradCast, Ukraine, John Roberts, Water, Race, Kevin McCarthy, Elena Kagan, Gerrymandering/Redistricting, Brett Kavanaugh, Matt Gaetz, Election 2024, Election 2022, Ketanji Brown Jackson

On today's BradCast: Amidst all the madness, we take a moment to revisit a continuing stain on the nation and what can be done about it, with a longtime friend of this program. [Audio link to full show is posted below this summary.]

FIRST UP, however, a few news headlines...

• The cost of our climate crisis strikes home for a huge swath of the nation, as smoke from hundreds of Canadian wildfires chokes American states from Minnesota to New York to the Ohio Valley to the Carolinas.
• Joe Biden's EPA announces it is sending $115 million to Jackson, Mississippi to begin repairing the city's long deteriorating water system. It's the first of some $600 million Congress has allocated to support long-overdue water infrastructure upgrades in the state's capital city, where more than 80% of the population is Black and drinking water supplies have repeatedly failed in recent years.
• The corrupt U.S. Supreme Court Justice Clarence Thomas has asked for another 90 days before filing his annual financial disclosures, following months of brutal investigative reporting revealing hundreds of thousands of dollars worth of his undisclosed luxury vacations, real estate deals and more with billionaire GOP megadonor Harlan Crow.

THEN, we're joined by Alabama's former Democratic Governor DON SIEGELMAN, who recently penned an op-ed at Washington Post with the state's former Republican Governor Robert Bentley. As explained in their piece, both men have come to "regret" overseeing executions during their time as the state's chief executive after witnessing, first hand, "the flaws in our nation's justice system" during their own prosecutions.

Siegelman discusses one death penalty case in particular, the 2000 execution of Freddie Lee Wright, which he says he is now "personally haunted by", telling me today that Wright "should never have been charged with capital murder in the first place. He was exonerated by a jury, 11-1 voted to acquit him of this crime. Then the D.A. came back and struck Blacks from the jury and got a conviction."

There are many other such cases, and he details a few of them. In fact, while AL currently has 167 people on death row, both Bentley and Siegelman write that "at least" 146 of them should have their death sentences commuted. Siegelman tells me he believes all of them should be spared from the barbaric practice of state execution.

He and Bentley are calling for several reforms of the criminal justice system, particularly as it applies to the death penalty. Siegelman details reforms he seeks for the secret Grand Jury system and the outrage of "judicial overrides" that allowed judges to overrule juries to issue death sentences and the lack of unanimous verdicts required for sentencing a convicted criminal to death.

Siegelman also discusses the politics of the death penalty, including during the time that he held the power to block executions as Governor. We discuss that awesome and horrible power as it is wielded by government officials today, even after all that we now know about the racial injustices of a Jim Crow era system that disproportionately targets people of color and has been found to have been exercised against innocent people in the cases of at least 12% of those who have been put to death.

"Here we are in 2023, still using a method that was devised after the Civil War as a way of thwarting a Black juror. The white power structure at the time had a unanimous verdict. But they said, 'No, you know, with Blacks being able to be on a jury, we can't risk not being able to put somebody to death when we want to, so let's go with a non-unanimous jury.' So that's where this relic of the Jim Crow era came from. It was purely a racist process."

"It is just wrong, certainly morally wrong, for Alabama or for any other state. Now Florida has even lowered the bar," notes Siegelman, citing a bill recently signed by Gov. Ron DeSantis. "Alabama has a 10-2 verdict. Florida has an 8-4 verdict, to make it even easier to put people to death by this relic of the 1870s."

"Until I was actually convicted of something that didn't exist except in the minds of the prosecutors, I thought that our system would somehow or another work itself out and be fair," he tells me. "But at the moment that I heard the word 'guilty' from the foreman of my jury, I said a prayer. It was instantaneous, more like a flash, asking God to forgive me because I remembered setting execution dates as Attorney General. And I remembered those that came before me while I was Governor asking that their sentences be commuted."

"But it wasn't even then that I realized how perverted our system of justice is. If in everything there is a purpose, or in every situation one should find a purpose, it was as if God was telling me, 'Okay, Governor, you see what's wrong. Now go fix it.'"

NOTE: We have covered Gov. Siegelman's personal story many times over the past two decades, before, during and after his time as a political prisoner as he was targeted for prosecution by a corrupt Republican cabal, including Karl Rove, state officials, and a federal judge who was eventually forced to resign after being arrested for beating his wife. Alabama's Governor from 1999 to 2003 and the only Democrat to serve in every statewide office, Siegelman tells his story in full in his 2020 book, STEALING OUR DEMOCRACY: How the Political Assassination of a Governor Threatens Our Nation.

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Article Categories: Florida, Mississippi, Karl Rove, BRAD BLOG Media Appearance, New York, Alabama, Accountability, Death Penalty, U.S. Supreme Court, Joe Biden, Don Siegelman, Clarence Thomas, KPFK, Canada, Climate change, BradCast, Exxon Mobil, Water, Race, Robert Bentley, Ron DeSantis, Criminal Justice Reform

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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Article Categories: Florida, California, Arizona, Georgia, BRAD BLOG Media Appearance, Election Fraud, National Security, Missouri, Accountability, Dept. of Justice, Republicans, U.S. Supreme Court, Joe Biden, James O'Keefe, EPA, KPFK, Donald Trump, Climate change, IRS/Taxes, BradCast, True the Vote, Water, Election 2020, Ron DeSantis, Felony Disenfranchisement, Jack Smith, Coffee County

We're back! And with good news on today's BradCast...whether the media have been reporting it that way over the past week, as we've been on a break, or not. [Audio link to full show follows below this summary.]

FIRST UP, some notable quick news headlines today --- and some from last week --- which we'll undoubtedly jump deeper into in the days and weeks ahead. Including...

• Cartoonishly corrupt Republican Attorney General of Texas, Ken Paxton, is impeached by the hard-right Texas legislature.
• Cartoonishly corrupt Republican activist and pretend journalist James O'Keefe is sued by Project Veritas --- his own ironically named nonprofit --- for waste, fraud and abuse.
• A bunch of new Republicans entered the fray for the 2024 Presidential nod (the unhung Mike Pence, the disgraced Chris Christie and some guy named Doug Burgum).
• One Republican, popular New Hampshire Gov. Chris Sununu, smartly announces he's not running.
• And progressive activist and academic Cornel West announces he's running for President under a third-party banner.

THEN, its on to the one story that made me wish I wasn't on vacation last week (well, a little, anyway.) And that's the story of President Biden outfoxing the GOP to take three Republican-engineered fiscal cliffs off the table over the next two years, all for the price of less than one, in his ingenious debt ceiling deal with House Speaker Kevin McCarthy...who got hosed in the bargain.

As you may know, we were all in favor of Biden avoiding negotiations entirely, invoking the 14th Amendment to declare the dumb Debt Ceiling law unconstitutional, and ordering the Treasury Department to simply pay our bills without disruption to avoid a first-ever U.S. default. If anyone had a prob with that, they could sue him --- or try to --- in order to force the global economy meltdown that would have come with such a default.

But Biden, and his lead negotiator, Steve Richetti, came up with a much better idea. In the bargain, they took not one, not two, but three GOP fiscal cliffs off the table for the price of less than one budget negotiation this fall. And it all would have been much more difficult if Biden had taken the leverage of invoking the 14th off the table.

In short (much more detail on today's show), the President outfoxed Republicans. Bigly. And where they had demanded some 18% in cuts to government spending, they got a measly 0.2% over the next ten years. In the bargain, the Debt Ceiling is suspended until 2025 and spending will largely stay flat over the next two years on a few non-defense matters.

Make no mistake. There are some cuts in the deal that suck. But nothing more than Biden would have been forced to give away anyway in order to avoid a protracted Government shutdown with obstructionist Republicans when a new budget would be needed at the beginning of the next fiscal year this October.

As British columnist Will Hutton correctly opined on Sunday, while "It is easy to write off President Joe Biden as a senile, 80-year-old duffer," the deal was "massively weighted in his favour" and represented an "extraordinary victory".

It's a shame that so many in the U.S. media --- on the Right, Left and Other --- seem incapable of reporting it that way, in order to properly educate the American electorate about what actually just happened.

We try to balance the scales a bit on that score on today's program before opening the phones to callers in the second half of the show to hear why they believe we might be wrong about all of this. (SPOILER ALERT: We're not!)

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Article Categories: Texas, BRAD BLOG Media Appearance, U.S. Constitution, Mainstream Media Failure, Accountability, U.S. House, Democrats, Republicans, Joe Biden, Economy, James O'Keefe, Chris Christie, KPFK, BradCast, Ken Paxton, Kevin McCarthy, Mike Pence, Joe Manchin, Election 2024, Chris Sununu, Doug Burgum, Cornel West

The only good day in court this week for rightwing extremist yutzes was at the U.S. Supreme Court today, unfortunately. Other than that, as detailed on today's BradCast, it's not going well for them. [Audio link to full show follows this summary.]

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

• Last year, the corrupted, far-right, activist extremists on the U.S. Supreme Court tossed out precedent and ignored the text of federal law to gut the EPA's ability to regulate carbon pollution under the Clean Air Act. Today, those same corrupted yutzes gutted the EPA's ability to regulate pollution of our wetlands under the Clean Water Act. Once again legislating from the bench, Justice Sam Alito was even opposed on this matter by Justice Brett Kavanaugh who accused the majority of rewriting federal law and undermining the original intent of Congress.

• 58-year old Oath Keepers founder, one-time BradCast guest, convicted seditionist and rightwing extremist yutz who shot his own eye out back in 1993, Stewart Rhodes was sentenced to 18 years in federal prison on Thursday for the terrorist attack he helped organize on the U.S. Capitol on January 6, 2021. It was the longest sentence to date for the Trump insurrectionists who failed in their attempt to overthrow the government in order to steal the 2020 Presidential election.

• This week, Richard "Bigo" Barnett, the 63-year old rightwing extremist yutz who made himself infamous among the 1/6 insurrectionists by posing for photos with his feet up on a desk in the office of then-Speaker Nancy Pelosi (carrying a "stun device" and a 10-pound steel pole he brought with him from Arkansas), was sentenced to 4 and a half years in federal prison. Sad!

• Former TV news anchor, Trump Mini-Me Wannabee election denier and rightwing extremist yutz Kari Lake lost yet again in Arizona court this week, in what was her last chance to prove that the 2022 election for Governor was somehow stolen from her by Republican officials in Maricopa County (Phoenix). She not only lost again, but lost hilariously and is now, along with her attorneys, facing potential sanctions for their "heinous and profoundly harmful" claims that the 2022 election was "rigged", according to County attorneys citing Lake's multiple false claims, both before and during the latest trial, about the election she lost to Democratic Gov. Katie Hobbs by about 17,000 votes last year.

• House Speaker Kevin McCarthy and his merry band of rightwing extremist yutzes in the U.S. House continue to hold the global economy hostage with their demands for massive cuts to popular social safety net programs in exchange for voting to raise the dumb debt ceiling. We've spent many shows in recent weeks discussing their dangerous threats, and the several ways that President Biden could fairly easily avoid a catastrophic, first-ever default by the U.S. Government without acceding to their threats.

  So why hasn't he taken advantage of those options, such as his ability to invoke the section of the 14th Amendment which declares "The validity of the public debt of the United States, authorized by law...shall not be questioned"? What explains Biden's various inscrutable responses when asked by reporters of late about using the 14th? And why has the Administration been hedging in their response to a lawsuit from a union of government employees suing them to invoke the 14th?

  Well, MSNBC's Lawrence O'Donnell offered a sort of grand unification theory this week that could explain all of that. Matching up his theory --- which posits that Biden and his lead negotiator, Steve Richetti, are up to some serious Dark Brandon 3-D chess --- with the various public reporting available to those of us outside of the negotiating room, would actually explain some of the inexplicable comments from Biden and, frankly, his willingness to negotiate on the debt ceiling with Republicans at all after months of the Administration saying they refused to do so.

  O'Donnell concedes his theory is little more than a well-educated guess, based on his personal knowledge of Biden and Richetti from his time as a U.S. Senate staffer some years ago. But, if he is right, and if Biden can pull all of this off, it would avoid not one, but two upcoming fiscal cliffs at the same time, both the Debt Ceiling and the budget negotiations later this year which Republicans would otherwise almost certainly use to shut down the government as they have in years past in advance of next year's elections. O'Donnell's theory could even include ending the ability for rightwing Congressional yutzes to use the Debt Ceiling law as a hostage taking device ever again in the future.

  I realize that's a lot of "ifs", but, yes, all of that is actually a possibility based on all of the reporting on the matter so far, including late updates today from both Reuters and New York Times. It's all explained in detail on today's show.

• Finally, Desi Doyen joins us for our latest Green News Report, with grim news on global heating and the rightwing extremist yutzes both causing it and refusing to do anything about it...

* * * SHOW NOTE: We're taking a very much-needed break over Memorial Day week from both the The BradCast and Green News Report. So it may be quieter than usual around here over the next week. Please forgive us, and we'll see ya shortly thereafter!...

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Article Categories: Arizona, BRAD BLOG Media Appearance, U.S. Constitution, Accountability, U.S. House, Republicans, U.S. Supreme Court, Joe Biden, Economy, EPA, KPFK, Climate change, Extreme weather, Lawrence O'Donnell, Samuel Alito, BradCast, Water, Shell Oil, Kevin McCarthy, Maricopa County, Election 2020, Elena Kagan, Guam, Brett Kavanaugh, Pollution, Insurrection, Election 2022, Katie Hobbs, Oath Keepers, Kari Lake