If you can get through the troubling news at the top of today's BradCast, we've got far more encouraging news beyond it! [Audio link to full show is posted below this summary.]

First up, the dangerous GOP scheme to use the need to raise the nation's borrowing limit to hold the nation's economy hostage, may come sooner than expected this year. The debt ceiling will have to be raised this year so that we can cover the cost of stuff that Congress and Presidents have already committed to paying for. But, if hardline Republicans who now control the House and its Speaker, Kevin McCarthy, carry out their threats, bumping into our current debt ceiling could place the nation on the brink of the first default of the federal government in U.S. history. Immediate market crashes and millions of layoffs could follow, along with a national and/or global recession and/or depression in the bargain.

According to AP today, the federal government could run out of money as early as this week or as late as March. After that, they will institute "extraordinary measures" to continue paying our bills as long as possible. But unless Congress adopts another increase in the debt ceiling (which is never a problem when a Republican is in the White House) a default could occur as soon as mid-summer. Given the promises made by McCarthy to the hardliners in his caucus last week, in order to win the Speakership on the 15th ballot, this could all get very dangerous very quickly. Especially given the way Republican extremists carry out "negotiations" in the modern age.

Beyond that, we've got some much better news today as we turn our eyes toward Executive Actions and those by Executive Branch agencies to move the nation forward while the GOP brings legislative progress to a screeching halt. On that front, while Joe Biden vowed to be the most labor friendly President in U.S. history (granted, a pretty low bar), his Federal Trade Commission (FTC) Chair, progressive Lina Khan, is working hard to help him keep the promise.

Last month, more than two dozen consumer advocacy groups and labor unions sent a letter to Khan and the other FTC Commissioners asking them to quickly begin the process to create a new rule that would ban the use of non-compete contracts by employers. "Employers’ use of non-compete clauses inflict real and substantial harms on the American worker and the overall U.S. economy without any legitimate justification," the groups argued. "By limiting worker’s mobility, non-competes drive down wages, reduce the formation of new businesses and keep workers stuck in unsafe or hostile workplaces. These one-sided contracts can also unfairly restrain competition in downstream markets by allowing dominant firms to hold on to specialized workers --- think of monopolistic hospitals and surgeons."

Last week, the FTC did precisely as asked, kicking off the rule-making process to ban such contract clauses in all 50 states! Today, we're joined by MATT KENT, competition policy advocate at Public Citizen, one of the letter's signatories, to discuss what his organization described last week as "thrilling" news.

"Non-compete clauses are built into employment contracts to require employees to not work against an employer," Kent tells me. "This was originally used as something for higher level senior executive types, to prevent them from going from boardroom to boardroom. Over the decades, employers realized this was a useful tactic in depressing workers' wages by taking away their leverage to move to another company."

He explains that such clauses are now common for everything from food-service workers to security guards. "In a lot of cases, folks would move to another job only to find out that their former employer was suing them for violating a non-compete, to make an example [of them], and put the fear into workers [and] cut down on their mobility. It's become a major problem."

The text of the FTC's newly proposed rule is "very encouraging," Kent says. "When you do this work, you're ready for disappointment. So we were expecting to see a proposal from the FTC with common carve-outs and exceptions." Instead, they got just about everything they asked for. Nonetheless, changes to the final rule "could still happen. That's the battle ahead of us now at the FTC. But we are very, very excited by the fact that, as proposed right now, the FTC does not include any carve-outs or special exceptions that Big Business could really exploit."

Because of that, he warns, "the business community is going to come hard for this one" both in the courts and during the public comment period which is now open. "The FTC needs to hear from the public," he implores. "More people than you think have a story about someone who has been stuck in a bad situation with a non-compete. People feel afraid to talk about them because they're worried about employer retribution," Kent notes. "But people have the ability to comment anonymously. People who have experiences with non-compete clauses in an employment contract affecting them or their family, now is the time to communicate that to the FTC as they make this rule, because public support is going to be really important."

Also in my conversation today with Kent: Why this rule-making process must be finished quickly to avoid the possibility of the regulation being overturned through the Congressional Review Act after the 2024 elections; excitement among the progressive and labor community about Khan's appointment as FTC Chair; the possibility of revitalizing long-moribund, anti-trade, anti-competition, anti-monopoly laws like the Sherman and Clayton Acts; and whether it's possible or not to find common ground with some members of the Republican right who claim to be troubled by overly-powerful corporate control of everything from Big Tech to Big Grocery...

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Article Categories: BRAD BLOG Media Appearance, Rights And Freedoms, U.S. House, Republicans, Joe Biden, Economy, KPFK, BradCast, Kevin McCarthy, Monopolies, FTC, Labor Unions, anti-trust, Lina Khan

Who says it never rains in Southern California? Evidence on today's BradCast would strongly suggests otherwise. [Audio link to full show follows below]

Repeated "atmospheric river" downpours continue to drench the Golden State for the second straight week, and will keep doing so through at least the weekend. Some 35 inches of rain have reportedly fallen in some parts of the state over the past two weeks after years of megadrought in the West, which the recent storms are, incredibly, still unlikely to make up for.

Hundreds of thousands of CA residents began Tuesday without power; tens of thousands were under mandatory evacuation orders; millions were under flood watches or warning; at least 15 people have been killed so far by the storms, flooding, hurricane-speed wind gusts and an uncountable number of fallen trees. That, as NOAA clocks in with a new report finding that, over the past seven years alone, there have been more than 122 separate climate-related disasters causing more than one billion dollars in damage and killing at least 5,000 people in the U.S. at the cost of more than one trillion dollars.

Imagine if we had decided to spend anywhere near that much to try and end the use of the fossil fuels that are causing this mess, or at least on efforts to mitigate the worsening effects of this climate crisis. Of course, that would have made paid supporters of the oil and gas industry mad. So, instead, we face these continuing deadly disasters, paid for with every more of your blood and treasure.

We discuss all of the above on today's program.

Also today, after pleading guilty to 15 counts of tax related fraud charges in New York and testifying against the Trump Organization, its longtime Chief Financial Officer (who is still paid more than a million dollars a year to work for them), Allen Weisselberg headed to Riker's Island today for no more than 5 months in the notorious state prison. The Judge who sentenced him on Tuesday said he regretted agreeing to such a short sentence in approving his plea deal last summer, after hearing him testify against the Trump Organization during the company's recent trial. "I would be imposing a sentence much greater," the judge said. ""I'm not going to deviate from the promise, though I believe a stiffer sentence is warranted, having heard the evidence." Trump's company was found guilty on 17 counts of tax fraud, but Weisselberg is the only one person from the company going to jail. For now. That, even though state prosecutors made clear during the trial that Donald Trump and his two sons, Eric and Don Jr., who ran the company while he served in the White House, knew about the massive, years-long tax fraud as well.

That comes after news broke last night that attorneys for Joe Biden recently discovered "a small number of documents with classified markings" on them, according to the White House. The documents, reportedly ten of them, were locked in a closet with other personal Biden family items at an office he used after his Vice Presidency. When the documents were discovered late last year, as the office was being cleared out, Biden's attorneys reportedly contacted the White House immediately and the White House notified the National Archives who took custody of the documents the following day. That, by way of stark contrast with Trump's hoarding of hundreds of classified documents; his refusal to return them to the National Archives, even after receiving a subpoena; and the disgraced former President's attempts to both lie about the documents and conceal them from law enforcement officials. Of course, none of that has prevented Trump's lackeys in Congress from disingenuously suggesting both cases were identical, but for the disparate treatment victim Trump received from the Justice Department. But, of course, selling such nonsense and lies is pretty much all those folks are good for at this point.

Finally, Desi Doyen joins us for our latest Green News Report, with more on California's extreme downpours; unprecedented flooding in Australia; and bad news about natural gas stoves...

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Article Categories: California, BRAD BLOG, BRAD BLOG Media Appearance, New York, Accountability, Republicans, Joe Biden, KPFK, Donald Trump, Natural gas, Oil, Climate change, Extreme weather, IRS/Taxes, Australia, BradCast, NOAA, Trump Organization, PG&E, Allen Weisselberg, Alvin Bragg, National Archives

It's our first call-in show of the new year on today's BradCast, but we've got a lot of news to get to as well first. [Audio link to full show follows this summary.]

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

• Thousands in California face mandatory evacuations due to flooding and possible mudslides, with emergency declarations by the state's Governor and President Biden for more than a dozen counties. Some 8 inches of rain drenched some areas over the past 12 hours. A line of repeated deluges are expected to slam the otherwise drought-stricken state over the next week or more.

• Over the weekend, thousands stormed government buildings in Brazil in a January 6, MAGA-style insurrection in support of former President Jair Bolsonaro who recently lost his election to former Brazilian President, Luiz Inácio Lula da Silva (known simply as "Lula" by his countrymen). Bolsonaro has taken refuge near Donald Trump's Mar-a-Lago in Florida, as nearly 1,500 of his supporters were rounded up and arrested after Sunday's attempted coup. Democratic leadership in the White House and Congress condemned the attempt to undermine the peaceful transfer of power in Brazil. Republican leadership had yet to say a word as of airtime today.

• Speaking of Republican "leadership", GOP Rep. Kevin McCarthy gave away the store to his farther right wing late on Friday to finally win the House Speakership after an embarrassing 15 rounds of voting. But at what cost? We discuss a number of his concessions, what they are likely to mean for McCarthy and his party, and for the rest of us going forward, with nation's debt ceiling and much more hanging in the balance. McCarthy's late night victory on Friday, January 6th 2023 (and into the early Saturday morning hours) came two years to the day after the Trump-incited insurrection at the U.S. Capitol. It also came on the evening after Republicans failed to turn out for the second-year anniversary memorial, recognition event on the Capitol steps for 140 law enforcement officials who were injured or died during and after the Republican riot. During McCarthy's acceptance speech as Speaker, he also vowed to defund federal law enforcement. His GOP colleagues cheered in response.

• As the 118th Congress finally got under way on Monday, Republicans are expected to use their very slim majority to investigate Joe Biden's family and the so-called "weaponization of the federal government" against Twitter and other social media outlets...ironically enough, from during the time that Trump controlled the FBI. As explained on today's show today briefly (and I suspect we'll have to offer more details in the weeks and months ahead), claims being made by the liars on the Right (and a few misled and/or confused folks on the Left, sadly) that "Twitter was paid to practice censorship by the government and ban people the government did not like," is evidence-free nonsense. But you'll be hearing a lot of those false claims, as based on the so-called "Twitter Files" they misleadingly cite as evidence. That, even though the files in question, at least to date, reveal nothing of the sort.

• Relatedly, at least one of the far-right Freedom Caucus Members, its chair, Rep. Scott Perry (R-PA), hopes to sit on a new Congressional Committee to investigate the federal investigators probing Donald Trump's many crimes related to his attempt to steal the 2020 Presidential election and his theft of classified White House documents. That, even though Perry has had his phone confiscated as evidence by the FBI and faces potential criminal charges for his role in the J6 insurrection. He sees no conflict of interest in sitting on that Congressional panel.

• In Michigan on Friday, Attorney General Dana Nessel, tired of waiting for the Feds to act, has announced plans to reopen her own investigation into the fake electors plot in her state after referring the matter to the U.S. Dept. of Justice one year ago.

• And in Georgia, the Special Grand Jury convened by Fulton County District Attorney Fani Willis has now wrapped up its work. According to a state judge, they have delivered their report on who, if anyone, should be indicted in the broad conspiracy led by Donald Trump and many of his top supporters to strong-arm state officials into overturning the election he lost there in 2020. Special Grand Juries in the state may not issue not issue indictments. So Willis must now decide if she wishes to seek indictments from a regular grand jury, and the judge overseeing the matter must decide if the Special Grand Jury's report should be publicly released, as they have requested.

• Finally, callers ring in on all of the above and more for the first time since the turn of the new year!...

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Article Categories: California, Georgia, BRAD BLOG Media Appearance, Accountability, U.S. House, Dept. of Justice, FBI, Democrats, Republicans, Michigan, Joe Biden, KPFK, Donald Trump, Extreme weather, IRS/Taxes, BradCast, Kevin McCarthy, Election 2020, Scott Perry, Brazil, Hakeem Jeffries, Twitter/X, Dana Nessel, Insurrection, Fani Willis, Election 2022

It's January 6 again, so our "weird annual tradition," as our guest describes it today, continues on The BradCast. Sadly, so does the GOP's continuing threat to American democracy, two years after the deadly assault at the U.S. Capitol. [Audio link to full show follows below this summary.]

First up, it is also Day 4 of the House Republicans' failures to select a Speaker. There were some breakthroughs for GOP leader Kevin McCarthy on Friday, however, after 13 unsuccessful ballots (for the first time in 134 years). His desperation to give away pretty much everything in exchange for winning the weakest Speakership in history earned him another 15 votes or so from his GOP opponents. And, with that, he was finally able to get more votes than Democratic House leader Hakeem Jeffries. Nonetheless, he was still shy of a majority as we went to air today. So, the "Never Kevins" are still winning the day and the 118th Congress is still unable to get underway.

As one Democratic member, elected last November for a third term, noted about his time, so far, in Congress: "1st term started with a GOP-led govt shutdown. 2nd term started with a deadly insurrection incited by the former Republican president. And my 3rd term has yet to begin due to @HouseGOP’s failure to elect a speaker. Notice a pattern?"

All of this on the second anniversary of the deadly, Donald Trump-incited insurrection at the U.S. Capitol back in 2021, as one of his last, desperate, failed attempts to steal the Presidency from the American people.

A memorial was held by House Democrats outside the Capitol today, in remembrance of those law enforcement officials who lost their lives while, and just after, defending it on January 6, 2021. We observed no Republicans at the ceremony.

At the White House, President Biden marked the occasion by awarding 14 individuals with the Presidential Citizens Medal. The awardees including three law enforcement officials who lost their lives and five who were critically injured that day. Also, a collection of bipartisan election officials, poll workers and others who defended the 2020 election at great personal threat, after being personally targeted by the former President of the United States and his supporters were honored as well. We share an excerpt from Biden's remarks today on the need to continue defending democracy and recognizing those who "stand watch" over it.

Finally, our "weird annual tradition" of visiting with the author and longtime Philadelphia Inquirer national columnist WILL BUNCH on January 6 continues today. He was with us on the program as the Capitol was under attack back in 2021, initially to talk about a different insurrection of sorts by Republicans at the state Senate in Pennsylvania.

Today was the third January 6 in a row he was able to be with us, and we focused today on the still-missing accountability for the ringleaders of the 1/6/21 attack, and on his latest column tying together that assault on democracy with this past week's GOP chaos and failure to select a Speaker in the U.S. House. They are all, it seems, of a piece, suggests Bunch, noting "the irony of this going on during the January 6 anniversary."

"No matter what sound minds want to get done, this band of obstructionists is in control," he argues. Citing them as "the spoiled children of Trumpism," Bunch says, "I would call them nihilists. They really believe in nothing other than their own air time, raising their own profile."

"Everybody in this [GOP House] leadership group voted to throw out people's votes in the 2020 election," Bunch, a resident of Pennsylvania, whose vote they tried to steal from him on January 6, 2021, notes. And it's not only those who tried to undermine democracy two years ago who have still failed to be held accountable. "The five freshmen who voted against McCarthy all ran as Trumpified election deniers."

"I mean, is it against the law to overthrow the government or not?," Bunch quips today, only somewhat rhetorically.

"The common thread is minority rule," he goes on to observe. "They believe they have some kind of divine right. It's really linked to these hierarchies of American life --- white supremacy, or white privilege, the patriarchy and other things. Running for office as the protectors of that. You're not going to do anything affirmatively to help people. You're just going to stop these people you see as destroyers of your way of life, your culture. It doesn't matter who gets the most votes, because the culture is more important than democracy. I think that motivates these people."

We discuss all of that and much more, as both Bunch and I share our frustration and hope that those who created all of these messes may finally face accountability some day soon...

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Article Categories: Pennsylvania, BRAD BLOG Media Appearance, Accountability, U.S. House, Dept. of Justice, Rudy Giuliani, Democrats, Republicans, Joe Biden, KPFK, Donald Trump, BradCast, Kevin McCarthy, Michael Flynn, Election 2020, Hakeem Jeffries, Jocelyn Benson, Jamaal Bowman, Insurrection, Election 2022, Al Schmidt

The last time multiple ballots were needed for any party to elect a House Speaker, a century ago in 1923, it took nine ballots to settle the matter. Today, before we got off the air from today's BradCast, Republican leader Kevin McCarthy had failed to secure a majority on the eleventh ballot. [Audio link to full show follows this summary.]

Not all hope is lost. There's still the all-time record of 133 ballots over two months in 1855-1856 that today's Republican Party has yet to break. Give them time.

So, the 118th U.S. Congress has not yet been gavelled into existence. But that's not the only place where Republicans seem to be tripping over their own legislative [bleeps].

On today's program...

• Up-to-the-minute coverage of the madness and idiocy of Day 3 in the Republican-led House; how the 20 far-right anti-McCarthyites are shooting themselves and their party in the foot; what McCarthy has already given away (pretty much everything) in his still-failed effort to win them over; how Trump may be the biggest loser of all here; the Democratic Party's continuing unified support for leader Hakeem Jeffries (the lead vote-getter, with 212 votes, on each and every ballot to date); why all of this is important and the dangers ahead; a reminder of what the nation is now missing without Dems in control of the chamber; and the question of whether Dems should help McCarthy win the Speakership in exchange for a promise to raise the debt ceiling to avoid a national and potentially global depression, as suggested by Rep. Brad Sherman (D-CA).

• In Pennsylvania on Thursday, Democratic Gov.-Elect Josh Shapiro tapped former Philadelphia city commissioner and election official, Al Schmidt, a Republican, to serve as Sec. of the Commonwealth.

• Also in the Keystone State this week, Democrats in the State House have out-maneuvered Republicans to seat a House Speaker. In a surprise victory last November, Dems won back the majority from the GOP for the first time in a decade, but only by one seat. Then, one Democratic member died and two others vacated their seats for higher office. Until special elections to fill those three seats can be scheduled, both parties were claiming the majority and the right to run the House, set the legislative agenda, and schedule the special elections, which will likely result in a clear majority for the Dems after they are finally held. But Dems were able to win over some Republican votes to elect one of their own as Speaker in a surprise victory this week.

• In another surprise victory for Democrats, this time in the very Republican Ohio state House, Democrats out-maneuvered the GOP again by voting en masse with a group of Republicans to elect a more moderate Speaker than the one the GOP had chosen as their leader just last month. The power struggle comes in the wake of a still-unfolding racketeering scandal for the GOP as the state's former Republican House Speaker, Larry Householder, begins a federal trial this month with his co-defendant, the former Chair of the Ohio Republican Party, regarding $61 million in alleged bribes to pass legislation to help bail out energy giant, FirstEnergy.

• Finally, Desi Doyen joins us for our first Green News Report of the new year, with a ton of stuff we missed over our holiday break, and a bunch of stuff that has happened since our return, including the roll out of billions of dollars in infrastructure upgrades and new incentives for consumers to move to clean, renewable energy, as adopted when Democrats controlled both chambers of Congress...

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Article Categories: Ohio, Pennsylvania, BRAD BLOG Media Appearance, Accountability, U.S. House, Democrats, Republicans, Joe Biden, KPFK, Donald Trump, Climate change, Extreme weather, BradCast, Electric vehicles, Brad Sherman, Kevin McCarthy, Infrastructure, Hakeem Jeffries, Matt Gaetz, FirstEnergy, Larry Householder, Election 2022, Lauren Boebert, Bribery, Josh Shapiro, Byron Donalds, Katherine Clark, Al Schmidt

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

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

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

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

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

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

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

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

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

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

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

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

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Article Categories: Election Irregularities, Ohio, North Carolina, BRAD BLOG Media Appearance, Wisconsin, Mainstream Media Failure, U.S. House, U.S. Senate, Democrats, Republicans, KPFK, BradCast, Nate Silver, Kevin McCarthy, Patty Murray, Hakeem Jeffries, Matt Gaetz, Election 2022, Lauren Boebert, Mandela Barnes, Byron Donalds

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

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

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

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

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

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

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

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

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

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

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

Happy New Year!

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Article Categories: Election Irregularities, Arizona, BRAD BLOG Media Appearance, U.S. House, Democrats, Republicans, KPFK, BradCast, Kevin McCarthy, Doug Ducey, Hakeem Jeffries, Matt Gaetz, Jim Jordan, Coronavirus/COVID-19, Election 2022, Katie Hobbs, Lauren Boebert, Kari Lake, Recount 2022, Abe Hamadeh, Kris Mayes

Before our Holiday Hiatus, we wrap up the year on today's BradCast with a look both back and forward along with one of our favorite regular guests. [Audio link to full show follows this summary.]

But, first up today, I've noticed a number of folks from what I describe as the Left's "Contrarian Industrial Complex" --- comprised of some of the same folks who, like most of the Right, also fell for Trump's cons about Russia, COVID, 2020 election fraud, etc. --- now falling for the many new cons and lies being propagated by Latter Day Trump, Elon Musk, on Twitter.

The continuing public prat falls from the world's previously richest man (at least until he bought Twitter for about $30 billion more than it was worth, began driving it into the ground, along with the stock price of Tesla) are too numerous and ridiculous to detail here tonight. But one of Musk's latest and greatest scams at his social media site since since taking it over and blowing it all up deserves quick notice today. Specifically, the scam that resulted in Musk's temporary "permanent suspension" of a number of top journalists late last week, including recent in-studio BradCast guest, Steve Herman of Voice of America.

As you probably know, those suspensions happened as part of the fallout from what Musk described as a stalker incident that threatened him and/or his family. He blamed it on a Twitter account that tracks the whereabouts of his private jet based on publicly available data. He likened the posting of that information as "assassination coordinates" and then banned journalists from Twitter who had simply reported on his original suspension of the @ElonJet account.

As it turns out, however, Washington Post dug into the story over the weekend to report that the original incident appears to have had absolutely nothing to do with that Twitter account. Two of its journalists, both of whom had also been suspended by Musk, report that the incident between the alleged stalker and a member of Musk's security team actually "took place at a gas station 26 miles from Los Angeles International Airport and 23 hours after the @ElonJet account had last located the jet’s whereabouts."

Moreover, The Guardian reports today that Musk's tweet about the "crazy stalker" who supposedly followed a car carrying one of his children, may have been even more misleading than previously known. According to their report of a statement obtained from the South Pasadena Police Department, "a member of Elon Musk’s security team is currently a suspect in the investigation, not a victim."

The full story --- and its subsequent fallout, including Musk holding a poll on his Twitter account on Sunday in which a majority of users voted for him to step down as Chief Twit --- is sort of the perfectly insane way to end 2022. Whether at the social media site at year's end or in the U.S. House of Representatives next month, when the GOP is set to regain a slim majority, "the inmates have literally taken over the asylum," as our guest notes today.

We're joined for our final show of the year by old friend, award-winning Salon columnist and Hullabaloo's OG blogger HEATHER DIGBY PARTON. She's been with us for post-game analysis following every single one of this year's ten or so hearings held by the bipartisan House Select Committee investigating the January 6th, 2021 insurrection at the U.S. Capitol and the former President's many failed attempts to steal the 2020 Presidential election from the American people. She joins us once again today for that and more.

Among the topics of today's lively discussion...

• The House J6 Committee's unprecedented referral of a former U.S. President on four criminal charges, including Insurrection, to the U.S. Dept. of Justice at their final hearing on Monday;
• The critical importance to the nation of real accountability for Donald Trump;
• Whether potential criminal charges against him will hurt or help his political fortunes for 2024;
• The extraordinary success of the House J6 Committee as its mission comes to a close along with this session of Congress;
• Whether GOP House leader Kevin McCarthy will actually be able to close the deal this time and win the Speakership in 2023 among his fractured caucus (and what may happen if his caucuses asylum inmates have their way);
• What we should expect from the Democrats' new leader in the House, Rep. Hakeem Jeffries;
• And how to make any sense at all of Elon Musk and his ever-increasing Twitter madness.

Finally, Desi Doyen delivers what is also our final Green News Report of 2022, with all of the good news and bad (even at holiday time!), that you've come to expect from the nation's preeminent, twice-weekly, six-minute environmental radio news feature.

Please enjoy the show. We'll see you next year. And here's to a happy and healthy holiday season for all and perhaps a less insane 2023...though I wouldn't count on it...

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Article Categories: BRAD BLOG Media Appearance, Accountability, U.S. House, Dept. of Justice, Democrats, Republicans, Nancy Pelosi, KPFK, Donald Trump, Wind energy, Climate change, Steve Scalise, BradCast, Water, Africa, Kevin McCarthy, European Union, Election 2020, Hakeem Jeffries, Twitter/X, Marjorie Taylor Greene, Insurrection, Election 2024, Election 2022, Elon Musk, James Comer

Well, Merry Christmas from The U.S. House and The BradCast, Mr. Trump! [Audio link to full show follows this summary.]

In their finale hearing on Monday, the bipartisan House Select Committee investigating the former President's incitement of insurrection on January 6, 2021 and his multiple failed attempts to steal the 2020 Presidential election, voted unanimously to send criminal referrals for the former President on four different, very serious crimes to the U.S. Dept. of Justice.

Those criminal referrals include:

• Obstruction of an official Proceeding. For corruptly attempt to block the peaceful transfer of power at the joint session of Congress on January 6, 2021.
• Conspiracy to Defraud the United States. For his efforts to block Joe Biden's victory by lying about fraud, despite being told by all his top White House legal advisors and his own DoJ there was no evidence to support his false claims.
• Conspiracy to Make a False Statement to Congress. For participating in the scheme to send phony certificates in support of fake Electors on January 6th.
• Insurrection. For inciting, assisting, or giving aid or comfort to those attempting to overthrow the United States government.

If eventually indicted and found guilty of that final "very grave charge," as Committee member Rep. Jamie Raskin (D-MD) described it today, Trump would become ineligible to hold any future federal office.

In our Special Coverage of today's hearing, we step through extended clips highlighting the Committee's case, as presented and summarized on Monday, including additional information from new witnesses interviewed by the panel since their last public hearing in mid-September.

The meeting ended with the presentation of the Committee's final report (Introductory Summary: PDF, HTML) and their unanimous, 9 to 0 vote to send the unprecedented criminal referrals to the DoJ for the former President of the United States, one of his corrupt attorneys (John Eastman) and others.

Whether these referrals result in actual criminal indictments is, of course, a separate matter. But, as discussed today, they will at least force the DoJ to review the evidence of these serious crimes as collected by the Committee from hundreds of witnesses over the past two years.

We close today with a few callers ringing in on what (if anything) happens next, and if these referrals may finally result in real accountability for the unspeakably corrupt Donald John Trump...

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Article Categories: BRAD BLOG Media Appearance, National Security, Accountability, U.S. House, Dept. of Justice, KPFK, Donald Trump, BradCast, Merrick Garland, Election 2020, Hope Hicks, Liz Cheney, Jamie Raskin, Zoe Lofgren, Insurrection, Bennie Thompson, John Eastman, Stephanie Murphy, Jack Smith

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Article Categories: Election Irregularities, Colorado, Georgia, BRAD BLOG Media Appearance, Election Fraud, National Security, United Nations, Accountability, Dept. of Justice, FBI, Michigan, Los Angeles, Nevada, Dominion Voting, KPFK, Donald Trump, Climate change, BradCast, Arctic, European Union, Election 2020, Brad Raffensperger, Pollution, Cybercrime, Sidney Powell, CISA, Insurrection, Election 2024, Election 2022, Matthew DePerno, Jack Smith, Coffee County

So, I've sorta been trying to avoid coverage on The BradCast of the idiocy underway at Twitter following Elon Musk's takeover of the social network for a ridiculous $44 billion six weeks ago. But today, as things are quickly turning much darker and dangerous, we're jumping down the rabbit hole. [Audio link to full show follows this summary.]

First up, however, two much more encouraging stories from elsewhere. In Oregon, outgoing Democratic Governor Kate Brown, who will be replaced by Democratic Gov.-elect Tina Kotek in January, has commuted the death sentences of every prisoner in the state on death row! There are 17 of them in all. They will now face life without the possibility of parole instead of being murdered by the government. Brown has also ordered the dismantling of the state's execution chamber in hopes of ending the practice for good there, describing the gruesome punishment (correctly) as "both dysfunctional and immoral."

In other encouraging news before decks are shuffled in January following this year's midterm elections, Senate Majority Leader Chuck Schumer has announced that the long-overdue Electoral Count Act reform measure (which we discussed on this program in detail back in February), as negotiated over the summer by a bipartisan group of Senators, will be included in the omnibus spending bill that lawmakers are scrambling to adopt this week before the deadline for a government shutdown.

The ECA reform measure, a version of which already passed in the House, would clarify the poorly-written 1887 law regarding procedures for certifying Electoral College votes following Presidential elections. In addition to making clear that a Vice President does not have the power to unilaterally toss out Electoral votes during the joint session of Congress to confirm Electoral College results, the bill would also raise the requirements for lawmakers to challenge slates of Electors and make it more difficult for a state Legislature to simply select different Electors than those chosen by state voters. All of that in response to Donald Trump's various attempts to exploit the original ECA on January 6th, 2021 to steal the 2020 Presidential election.

Hopefully there are enough Republican votes to overcome a filibuster in the Senate, and House Democrats will find the Senate version acceptable during this lame duck period. Otherwise, it'll be next to impossible to adopt ECA reform in advance of the 2024 Presidential election after the GOP takes over the House majority in January.

Then, it's down the Elon Musk Twitter Rabbit Hole, but with an eye toward potential solutions to the increasingly dark chaos he's unleashed since taking over the once-popular social network. While we've largely been trying to ignore the idiocy and hard-right political turn by Musk in his six weeks since taking over Twitter, what has largely been dumb has now arguably turned dangerous.

Over the past week or so, Musk has given a few journalists selective access to internal communications of former Twitter executives, resulting in online stories he refers to as "The Twitter Files". Rightwingers have pretended the published threads somehow confirm some sort of political bias against Donald Trump and fellow political travelers. Trump is pretending they prove that the 2020 election was stolen. They don't. In fact, they largely show Twitter execs wrestling in good faith with difficult internal decisions.

At the same time, Musk has restored previously suspended accounts to many on the far-right, including white supremacists, neo-Nazis, QAnon conspiracists, COVID deniers and 2020 election fraudsters.

More disturbing, however, are Musk's own recent tweets. They've grown darker and increasingly menacing, with attacks on transgender people, the revival of long-debunked COVID conspiracies and false accusations of pedophilia against named Twitter employees. One former top executive was reportedly forced to flee his home this week in response to growing threats. On the same day, Musk suddenly dissolved the company's volunteer Trust and Safety Council, an advisory group which AP describes as "around 100 independent civil, human rights and other organizations that the company formed in 2016 to address hate speech, child exploitation, suicide, self-harm and other problems on the platform."

That's just a taste of how all of this is quickly devolving. We're joined today by longtime media activist and pseudonymous progressive blogger 'SPOCKO', who has some thoughts on how people can push back against all of this. As it turns out, Spocko, who has worked to organize campaigns against a number of Rightwing media outlets and personalities over the past two decades, actually worked directly with Musk before he became unspeakably wealthy with the creation of PayPal.

At the time, Spocko was helping to train high-tech execs on how to speak to media, customers and investors. He shares his thoughts today on what he learned about Musk even back in the 1990s, when he was called in because Musk wouldn't listen to the female communications experts initially hired to help him.

Now, Spocko explains, "the thing we are talking about with Musk is what do you do when somebody has so much money and so much power, and then he gets rid of the checks and balances?" That becomes dangerous, especially for someone like Musk who he describes as a liar who "makes promises that he doesn't keep."

We discuss a number of campaigns --- both potential and underway --- to hold Musk to account for his increasingly threatening behavior, including the use of "free speech" tools that the billionaire claims to believe in (despite evidence showing he actually doesn't) to target advertisers that Twitter relies on to survive as well as companies like Apple, whose app store is critical to that survival, and the potential filing of civil lawsuits to hold Musk to account for defamation. There are also international efforts underway in places like Europe where the EU has informed social media networks that, by law, they must have measures in place to reduce potential harm or face being cut off entirely.

There is lots to dig into on today's program, whether we're happy to dig into it or not...

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Article Categories: Election Reform, Oregon, BRAD BLOG Media Appearance, Rights And Freedoms, Accountability, Death Penalty, KPFK, BradCast, Apple, Fascism/Autocracy, Election 2020, Disney, Kate Brown, Twitter/X, Coronavirus/COVID-19, Insurrection, Election 2024, Elon Musk

Nope. The 2022 midterms still aren't fully over. At least not on The BradCast, where we're still following every last vote to the bitter end. But that's not all we have for you today. [Audio link to full show is posted below this summary.]

In fact, we cover all of the "E" stories on today's program, including Elections, Energy and the Economy, if not necessarily in that order...

• As if the good news of cheap, renewable energy like wind and solar wasn't bad enough for them, the Big Fossil Fuel boys already seem to be freaking out about today's news regarding a major breakthrough in nuclear fusion technology and the possibility that it could eventually result in clean, virtually unlimited, carbon-free energy.

• New AAA numbers reveal that Joe Biden has lowered gasoline prices in the U.S. to less than they were before Russia's war on Ukraine! (If it was all his fault the price went up, he gets all the credit when it comes down, right?)

• New numbers from the Labor Department today reveal that Joe Biden has Joe Biden has almost ended inflation in the U.S.! (See above.)

• Colorado has finished their "recount" for the U.S. House seat in the state's 3rd Congressional District between incumbent Republican nut Lauren Boebert and her Democratic challenger Adam Frisch. After computers retallied all of the ballots (rather than hand-counts) Boebert was declared the winner by just 546 votes out of more than 325,000 votes cast, in a district which all forecasters saw as "solid Republican". Happily, because the Republican won in this case, there were no death threats to election officials or armed insurrections in response.

• Boebert's razor thin victory means the GOP will have 222 House seats in the next Congress beginning in January to the Democrats' 213. While they lost just 9 seats in in the lower chamber, and the majority along with them, it was an extraordinary midterm election for a party controlling both chambers of Congress and the White House. In addition to holding all of their Senate seats and even flipping one from Red to Blue (a feat not matched since 1934 for a party that controls the White House), Democrats also won Governors races in red states and flipped state legislative chambers in a way that just doesn't happen in this kind of midterm election. Dems won trifecta control (the Governor's office, plus majorities in the state House and Senate) in four more states this year: Michigan, Minnesota, Maryland and Massachusetts. They also held off GOP supermajorities in states with Dem Governors such as North Carolina and Wisconsin. In fact, taking back the majority in the U.S. House, by the barest of margins, is perhaps the only thing the GOP can feel good about this year. Even there, the average pick up is about 20 or 30 seats in elections like this one. And Republicans may have a difficult time electing a House Speaker in January, depending on how things go in the weeks ahead for GOP House Leader Kevin McCarthy.

• But there are still a number of midterm recounts and legal contests underway in various spots around the nation. Yesterday, we discussed the recount now underway in the Arizona Attorney General race, after the Democratic candidate, Kris Mayes, was certified to have defeated Republican Abe Hamadeh by just 511 votes out of more than 2.5 million cast. Sadly, as in CO, AZ "recounts" with computers instead of by hand. In Massachusetts, meanwhile, they do it correctly (by hand). Thankfully so. Because a hand recount for a state House of Representatives seat, in which the Democrat initially lost to the Republican incumbent by 10 votes, has resulted in her winning the seat by just one. single. vote. The Republican incumbent is, naturally, filing a lawsuit in response.

• And then there's the battle for control of Pennsylvania's House of Representatives, where Democrats appear to have won the majority from Republicans for the first time in more than a decade. They flipped a net total of 12 seats last month to take control of the House by the barest possible margin, 102 to 101. But then the confusion began. One Democrat actually died back in October but won reelection anyway. Two others also won races for higher office (Lt. Gov and U.S. House) and resigned after the 2021-22 session officially ended on November 30. But now, there is a battle, including in court, for who gets to decide when the special elections to fill all three vacant seats takes place, and who will be elected as House Speaker when the new session officially begins on January 3. We try to make sense of the legislative mess in the Keystone State which even a longtime PA journalist we spoke to is having trouble making sense of!

• Finally, Desi Doyen joins us for our latest Green News Report, with news on a massive Keystone Pipeline spill in Kansas; New evidence of Big Oil's big lies about their pretend commitment to tackle climate change; And news on the nuclear fusion breakthrough announced today by U.S. Energy Secretary Jennifer Granholm...

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Article Categories: Colorado, Pennsylvania, Arizona, BRAD BLOG Media Appearance, Massachusetts, Kansas, U.S. House, Democrats, Republicans, Joe Biden, Economy, KPFK, Nuclear power/weapons, Oil, Climate change, Jennifer Granholm, Keystone XL, BradCast, Dept. of Energy, Election 2022, Lauren Boebert, Recount 2022, Abe Hamadeh, Kris Mayes

All election lawsuits are not created equal. Even in the same state, in the same elections, by members of the same political party, as detailed on today's BradCast. [Audio link to full show follows this summary.]

Late on Friday, a bunch of Republican candidates who were certified last week by the state of Arizona to have lost their 2022 midterms races filed election contests in various courts of law in the state. For now, at least, it's a step up from violence, death threats and insurrections. So, there's that.

GOP gubernatorial candidate Kari Lake, Sec. of State hopeful Mark Finchem (along with failed U.S. House candidate Jeffrey Zink), and Attorney General nominee Abe Hamadeh, all filed suits last week asking the courts to simply name them the winner of the elections they were certified to have lost. In lieu of that, they'll each take a new election instead. (Which almost never happens.)

Of those lawsuits, only one, Hamadeh's, doesn't allege "fraud, manipulation or other intentional wrongdoing" by Democrats or election officials. And, its the only one which stands any sort of legitimate chance of not being laughed out of court. Hamadeh lost his race to AZ's Democratic A.G. candidate Kristin Mayes by a mere 511 votes out of more than 2.5 million votes cast. An automatic state recount will now begin in that race, as it should. In the meantime, the losing candidate has at least filed a generally plausible case for contesting results.

That is by contrast with and decidedly not the case in the spurious election contests filed by losers Lake, Finchem and Zink, as we explain in great detail on today's program. Yes, there were problems with the print-on-demand ballot printing and scanning (the cause of which is still being investigated) at a number of polling locations in Maricopa County (Phoenix) on Election Day last month. But, no, there is zero evidence of "mass disenfranchisement" or that Republicans were targeted by the voting system problems in any way, as Lake and the others are dishonestly trying to argue.

Moreover, it's somewhat amusing --- not to mention unspeakably ironic --- to hear Republicans now complaining about "long lines" at the polls, voters being wrongly turned away (they weren't) and other such concerns they haven't given a damn about for years when they have helped to disenfranchise Democratic voters. In this case, however, there is no evidence that Republicans were targeted by the Republican election officials who run the elections in Maricopa County or anywhere else.

Tune in for full details on all the madness.

Also on Friday, Arizona's U.S. Sen. Kyrsten Sinema declared she is no longer a Democrat (was she ever?), but that she'll continue to caucus with them in the Senate majority, even though she has now registered as an independent...for reasons that only she seems to sort of understand. Her self-serving move is unlikely to change the new 51-49 majority in the U.S. Senate for those that caucus with the Democrats. But it could change the electoral outlook in 2024 when the wildly unpopular Sinema, if she runs again, will be up for reelection and will not have to face a Democratic primary challenger.

Finally today, a few callers ring in, including one is absolutely certain that --- despite my spending a half hour or so today defending one of the aforementioned GOP lawsuits in Arizona --- I must absolutely be a wildly partisan Democrat...or something...

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Article Categories: Election Irregularities, Arizona, BRAD BLOG Media Appearance, U.S. Senate, Vote Caging/Intimidation/Suppression, Democrats, Republicans, KPFK, BradCast, Kyrsten Sinema, Election 2024, Election 2022, Katie Hobbs, Mark Finchem, Kari Lake, Recount 2022, Abe Hamadeh, Kris Mayes

It could have been much worse. That seems to be the message from our guest on today's BradCast after yesterday's oral argument in the U.S. Supreme Court case that could blow up everything we know about American elections, including some 233 years of otherwise settled election laws in all 50 states. We'll hope he's right. [Audio link to full show follows this summary.]

But, first up today, some less ambiguous good news to kick things off. WNBA star Brittney Griner is on her way home from Russia, where she has been held as a prisoner for at least 8 months after authorities found less than a gram of cannabis oil in a vape cartridge in her suitcase. Her release comes as a swap for a notorious Russian arms dealer, but fails to include the release of Paul Whelan, an American imprisoned by Russia for nearly four years, who many hoped would also be included in the trade.

Griner's wife joined President Biden at the White House on Thursday to announce the good news, while urging the release of Whelan, whose brother praised the Administration for making "the right decision to bring Ms. Griner home, and to make the deal that was possible, rather than waiting for one that wasn’t going to happen."

Also on Thursday, more good news in D.C. as the U.S. House approved the Respect for Marriage Act (RFMA) with all Democrats voting in favor with almost 40 Republicans. Shamefully, 169 Republicans voted against recognizing the marriage rights of same-sex and interracial couples. The bill was passed by the U.S. Senate last week (also by all Democrats and opposed by the majority of Republicans) and now heads to the President's desk for his signature. Even though 2015's Obergefell ruling at the U.S. Supreme Court made marriage equality the law of the land in all 50 states, federal lawmakers determined a statutory backstop was necessary after far-right activist Justice Clarence Thomas called for reconsidering the Obergefell decision when he voted with the Court's corrupted rightwing majority to overturn Roe v. Wade earlier this year.

We're joined today by Slate's longtime legal journalist and SCOTUS expert MARK JOSEPH STERN. Last month, he responded to progressive critics of the RFMA who felt it should have gone farther to require all states to license same-sex marriages --- as Obergefell currently does --- rather than simply mandating that states legally recognize such marriages. Today, Stern breaks down his legal argument for why he believes those critics are wrong about the new, landmark federal statute and notes that, "as a progressive in a same-sex marriage, I feel like I have some skin in the game here."

But, our initial reason for booking Stern today was to discuss Moore v. Harper, the ridiculous --- if wildly dangerous --- case heard by the Supremes on Wednesday. As discussed on yesterday's show with FairVote's David Daley, who attended the oral argument, if a majority on the Court agrees with North Carolina Republican petitioners, the fallout for American elections from Moore will be "seismic".

The case argues that a fringe, so-called "Independent State Legislature" theory found in the U.S. Constitution's Elections Clause, means that only State Legislatures may craft specific state rules and laws for federal elections and may not be overruled or even reviewed by gubernatorial vetoes or state court review to ensure those laws meet requirements of state Constitutions. Even voter-approved ballot initiatives would be considered unlawful.

It would, in the case of Moore, allow North Carolina Republicans who control the gerrymandered majority in the evenly-divided state Legislature to gerrymander U.S. House districts however they like, even after the state Supreme Court determined their partisan gerrymander violated the state Constitution. By the same theory, a majority opinion in favor of the NC GOP, by the rigged 6 to 3 SCOTUS, could also allow state Legislatures to simply choose whichever Presidential Electors they preferred, even when voters voted otherwise. Yes, it's just that insane and, arguably, should never have even been heard at the High Court.

The good news today, is that, after yesterday's hearing --- when the "Court's most conservative justices got outplayed," as Stern reported at Slate --- he now believes the worst-case scenario is far less inevitable. "Those of us who’ve been ringing the alarm over this dangerous theory --- and who've been disgusted by the campaign to drag it from the far-right fringe all the way to the Supreme Court --- can take solace that these capable lawyers exposed [the Independent State Legislature theory] as an utter fraud," he wrote last night.

"Even though we have a ton of rules in every single state's Constitution that have been enforced for 230+ years, this theory says that all of those are invalid, we've been doing it wrong the whole time," Stern told me today, adding that he "heard maybe two votes for that position" during oral argument on Wednesday.

"But then, once you get into the more compromise positions, it gets harder to gauge," he warns. "I don't think the Court is going to totally cut out state Constitutions and state statutes from federal elections. I don't think that the Court is going to go as far as Republicans want. I think that there's a chance that the Court could issue a decision that is bad but not catastrophic, that essentially says that, as a general principle, state courts can regulate elections, but that federal courts get to double-check their work and decide if they got it wrong."

"But we have to be, when this decision comes down, really vigilant about drawing any conclusions before we figure out exactly where they land." If Federal courts can review state court rulings that are regarded as "egregious," Stern says he could live with that. But if they allow state courts only "mild deference," he explains, "that's no good, because that is really not how we do things in this country. State courts have the final say over the meaning of state law in almost all circumstances. And if we take that away, then it is just empowering this conservative super-majority on SCOTUS to decide all these cases in favor of Republicans."

Given the ridiculous basis for the Independent State Legislature theory --- that we've been doing it all wrong for more than 230 years since the nation's founding, but nobody noticed until now --- there would be hundreds of election laws in all 50 states that could then be challenged in federal courts. It's all somewhat ironic given that this fringe interpretation of the Elections Clause was, itself, built on "a fraudulent document that purported to be an account of the Constitutional Convention" that, as early as the 1800's, was described as "fake" by James Madison, "who actually did write the definitive account of the Constitutional Convention," notes Stern.

Much more on all of that today and, before he leaves, a quick explanation of how "stupid" the case heard earlier this week by SCOTUS regarding a web designer in Colorado who refuses to design a website for same-sex marriages actually is. Hint: She "has never been asked by any couple, gay or straight, to make a wedding website for them. Yet she sued before anyone could ask her, and argued that Colorado's civil rights law was infringing on her freedom of speech."

Finally, we're joined by Desi Doyen for our latest Green News Report with both good and bad news, as per usual, when news broke late from CNN that, according to their sources, the U.S. Dept. of Justice has asked a federal judge to hold Donald Trump in contempt for failing to comply with a subpoena ordering him over the summer to turn over classified records he stolen upon leaving the White House.

It turns out that it may have been an even better day today than we originally thought...

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Article Categories: Election Reform, Colorado, North Carolina, BRAD BLOG Media Appearance, Rights And Freedoms, U.S. Constitution, United Nations, Accountability, U.S. House, Republicans, Marriage Equality, U.S. Supreme Court, Joe Biden, Sheldon Whitehouse, LGBTQ, Clarence Thomas, KPFK, Donald Trump, Russia, Wind energy, Climate change, BradCast, John Roberts, Gerrymandering/Redistricting, Amy Coney Barrett

Democracy had a good night in Georgia on Tuesday night, before facing a brand-new nightmare by Wednesday morning at the far-right U.S. Supreme Court. We cover both on today's BradCast. [Audio link to full show follows this summary.]

The final votes of the 2022 midterms have at last been cast --- though some counting and recounting remains --- and Georgia's Democratic Sen. Raphael Warnock has been re-elected to his first full 6-year term in the U.S. Senate. His apparent defeat of Herschel Walker, loser Donald Trump's personally selected candidate in Tuesday's runoff election in the Peach State, caps a string of contests that the GOP arguably could have or should have won across the country in a midterm year like this one. But they chose to go with the far-right, loony-tunes candidates preferred by the disgraced former President instead.

After picking up a Senate seat this year, Democrats are set to hold an outright 51 to 49 majority in the upper chamber beginning in January, even as they narrowly lost their majority in the U.S. House. We discuss what all of that is likely to mean and review several remarkable historic milestones for Democrats in this year's anything-but-red-wave midterms.

After a late night of celebration, it was an early morning of worry, as the U.S. Supreme Court heard Moore v. Harper. We have long warned of the dangers of this case for American elections as we know them. The dispute comes from a challenge filed by North Carolina Republicans after the state's Supreme Court nixed partisan U.S. House maps gerrymandered by the state's GOP legislature. The state court ordered new, fair maps to be drawn instead for 2022, when Republicans and Democrats would evenly split the state's 14 House Districts, winning seven seats each in the closely divided state.

But state Republicans sued, arguing a novel, never-before-approved-by-SCOTUS legal theory they've recently discovered in the U.S. Constitution's Elections Clause called the "Independent State Legislature" theory. They argue that the Constitution mandates that state laws regarding federal elections may be created only by state Legislatures and that no judicial review by state courts is allowable.

That means, as argued in Moore, that partisan-gerrymandered Legislatures may create election laws that cannot be vetoed by Governors or overruled by state courts or constitutions. The theory holds that even voter-approved ballot initiatives could suddenly be found unlawful and those same state legislative bodies could also select whoever they wish to be Presidential Electors no matter who state voters actually selected. It is just that insane. But it's actually in front of a corrupted, stolen and packed right-wing SCOTUS on which a radical majority may offer its blessing.

"The blast radius from their theory would sow elections chaos," warned former acting Solicitor General Neal Katyal, one of the three attorneys who argued on behalf of respondents to NC's Republican petitioners, "forcing a confusing two track system with one set of rules for federal elections and another for state ones" with "case after case" being brought before SCOTUS challenging long-established election laws in all 50 states as adopted over the past 233 years.

Gerrymandering expert and author DAVID DALEY of FairVote was in the Courtroom to witness the proceedings at SCOTUS Wednesday morning and joined us this afternoon from the U.S. Capitol to help unpack it all.

"The consequences for this case are seismic," Daley warns. "This is yet another case that could shake the very foundation of our democracy if the court were to find that state legislatures face no constraints, either from a Governor's veto or from a state constitution, or the state Supreme Court, in how they create election law, how they certify elections, how they draw redistricting maps. It would give these state Legislatures complete, unfettered power to effectively do as they will. And that is a terrifying prospect."

We discuss what he describes as the "bonkers" ISL theory and whether, as AP argued today in its coverage, Daley agrees that there were "at least six Supreme Court justices" who "sound skeptical of making a broad ruling that would leave state legislatures virtually unchecked when making rules for elections for Congress and the presidency."

Says Daley, based on what he witnessed at the High Court this morning: "I would say that there were three Justices who were opposed --- the three liberals, Jackson, Sotomayor and Kagan. There were three who seemed very much on board in Thomas, Gorsuch and Alito. And there were three that I would define not as 'skeptical' but as 'Independent State Legislature-curious'. And I don't think they were looking for a way to knock a bonkers theory down."

Tune in for much more on today's program...

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Article Categories: North Carolina, Georgia, BRAD BLOG Media Appearance, Rights And Freedoms, U.S. Senate, Vote Caging/Intimidation/Suppression, Democrats, Republicans, U.S. Supreme Court, KPFK, Donald Trump, Samuel Alito, BradCast, John Roberts, Neil Gorsuch, Elena Kagan, Gerrymandering/Redistricting, Neal Katyal, Raphael Warnock, Election 2022, Herschel Walker