It seemed like everything I read before today's BradCast, everything I was pushed toward via social media, everything that I simply happened to stumble upon on my own one way or another, felt like a soundtrack for America's rising authoritarianism. Everything, that is, except for the inspirational words about journalism from Pope Francis. [Audio link to full show follows this summary.]

Among the stories providing today's unmistakably dark drumbeat of America's rising authoritarianism...

• The Pope pays "homage" to journalists and journalism, including this passage that serves us inspiration today: "Your mission is to explain the world, to make it less dark, to make those who live there fear it less and look at others with greater awareness, and also with more confidence. It is not an easy mission. It is difficult to think, meditate, deepen, stop to collect ideas and to study the contexts and precedents of a news item. The risk, you know well, is that of letting oneself be crushed by the news instead of being able to make sense of it." [The full comments in Italian; The Vatican's translation.]

• More disturbing, extreme GOP gerrymandering this week in both Ohio and Georgia (and what we think Democrats should do in response before it's successfully used by Republicans take over the U.S. House majority in 2022 and then steal the American Presidency with it in 2024.)

• Picking up on where we left off at the end of yesterday's BradCast, with the violent death threats against Michigan's Republican Rep. Fred Upton, who dared vote for Joe Biden's non-controversial, bipartisan infrastructure bill. Upton is hardly the only Republican now being turned on by fellow Republicans for voting to improve the nation's roads and bridges. Or, as Georgia's Rep. Marjorie Taylor Greene describes it, a "communist takeover of America". Rep. Anthony Gonzales (R-OH) voted, along with Upton, in favor of Trump's second impeachment earlier this year following the January 6th attack on the U.S. Capitol, incited by the disgraced President as part of his efforts to steal the 2020 election. Gonzales has decided not to run for re-election and explained his thoughts over the weekend on the "political loser" Trump, the mistake his party has made by backing him, and his plans to fight against Trump's re-election in 2024 if he runs. Gonzales' thoughts are worth hearing (so we share some of them), though they also reveal that Gonzales does not have clean hands himself in the ugly, growing divisiveness between Republicans and Democrats. (And between Republicans and other Republicans who are deemed not Trumpy enough.)

• Speaking of which, despite a 93% record of voting with the former President during his four years in office (a higher percentage than Trump apparatchiks Jim Jordan, Elise Stefanik, Paul Gosar or Matt Gaetz), the Wyoming state Republican Central Committee voted over the weekend to no longer recognize conservative Republican Rep. Liz Cheney as a member of their party. Yes, that's how twisted --- and terrifying --- and authoritarian --- the Republican Party has now become. (Can you hear the drumbeat?)

• New details, via a new book from ABC News' Jonathan Karl, on how Trump Campaign attorney, Jenna Ellis, sent a memo with instructions to then Vice-President Mike Pence on the specific steps he needed to take in order to direct several swing-state legislatures and the U.S. House to steal the Presidential election on January 6th.

• Not authoritarian enough for ya yet? It goes all the way down to the ground. The School Board in Spotsylvania County, Virginia, last week, had a debate about whether they should ban certain books from school libraries or whether they should both ban and burn them. Seriously. (Hearing those drums yet?) For now, they voted unanimously to ban them...and to reconsider burning later. They are hardly the only ones on the increasingly hard right to cancel facts and ideas they do not like. Over the summer, Florida's authoritarian Governor and Presidential hopeful Ron DeSantis convinced his appointed State Board of Education to approve a rule banning critical race theory and the use of material from the New York Times' Pulitzer Prize winning "1619 Project" from Florida classrooms.

• While it's still remarkable that Trump has yet to face charges for mass homicide for the hundreds of thousands of Americans he helped to die from the coronavirus last year, more details are now emerging, via the U.S. House Select Subcommittee on the Coronavirus Crisis, about how the Administration purposefully suppressed science and public health guidance from the CDC last year. Amidst the most deadly pandemic in more than 100 years, the Administration, according to testimony and documentation from both current and former public health officials given to the Subcommittee, decisions were made to alter scientific guidance and prevent health officials from communicating directly with the public. They were even given instructions at various points to destroy evidence of their email communications on these matters. Sounds like criminal activity to me. (You still there, Merrick Garland?)

• Finally, taking a break from the drumbeat of rising American authoritarianism, Desi Doyen joins us for our latest Green News Report, as the U.N.'s COP26 climate summit in Glasgow ends in overtime with progress, compromises and disappointments. And President Biden signs his landmark, bipartisan $1.2 trillion infrastructure deal with billions of dollars worth of long-overdue climate-related measures contained within...

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On today's BradCast: There is a long list of pretty clear crimes that Donald Trump and his cronies have committed and might have been charged with by now. So far, however, a full year since he lost the election and nearly eight months since Merrick Garland was sworn in as President Biden's Attorney General, there is little sign of accountability for the disgraced former President at the federal level. Citing what they describe as a failure to meet this critical moment for the nation, some legal and Constitutional experts are now calling for Garland to resign. [Audio link to full show is posted below this summary.]

It's not as though the U.S. Department of Justice hasn't been busy in the wake of Trump's four years of undermining both the rule of law and the DoJ itself. They have, to date, brought charges against nearly 700 rioters incited by Trump to attack the U.S. Capitol in hopes of stealing the 2020 election somehow on January 6th.

In recent days, the Department has also filed two federal lawsuits against the state of Texas for their new voter suppression law and their clearly unconstitutional new law banning most abortions in the state. They've also brought suit against the state of Georgia in recent months, challenging their new voter suppression law as well.

Meanwhile, active investigations into Trump's potential violations of law are underway by state and local prosecutors both in New York and Georgia. But, at the federal level, there seems to be nothing, at least in sight, despite a laundry list of legal transgressions by the former President and his accomplices, dating well before his term in office and continuing right up through the very end.

"Over the past thirty years, Merrick Garland served with distinction as a federal prosecutor and then as an appellate judge," a new statement [PDF] and campaign by the nonpartisan legal advocacy nonprofit Free Speech for People (FSFP) begins. "Unfortunately, as Attorney General for the past eight months, he has failed to take any meaningful action to hold accountable former president Donald Trump and his co-conspirators for attempting to overthrow the government on January 6, 2021 and a flurry of criminal acts in the months and years leading up to that date. Instead, he has adopted indefensible positions of the Trump Department of Justice (DOJ) to protect Trump from accountability. Since Garland is unwilling to step up, it is time for him to step down."

Their statement this week concludes: "As long as Trump and his co-conspirators walk free, American democracy is in danger. We need an Attorney General who understands that danger and is willing to take action to protect democracy and the rule of law. Merrick Garland must resign."

In response to FSFP's campaign launched on Thursday, Laurence Tribe, Harvard Law School's renowned legal scholar and Professor Emeritus, tweeted out on Thursday night that while he was "not ready to join this movement", he believes it is "worth noting" as it comes from "serious and responsible" people. "DOJ must take note," he warned.

Joining us to discuss their call for Garland to step down is FSFP's "serious and responsible" Co-Founder and President, JOHN BONIFAZ, a longtime, well-respected Constitutional expert, author and accountability champion. Back in January, before Garland was even sworn in as Attorney General, FSFP led a campaign with nearly a dozen other good government groups and some 200,000 individuals who signed on, calling for the nation's top cop, once sworn in, to form an independent task force to investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."

Now, months later, with no sign of any such task force OR investigation, FSFP has regrettably determined that Garland is not up to the task, with Bonifaz citing the apparent lack of charges --- at least so far --- against former Trump advisor Steve Bannon as "the last straw". Bannon was referred by the U.S. House for criminal Contempt of Congress to the DoJ two weeks ago. But as the group's statement observes, after detailing a panoply of apparent, if uncharged Trump-era crimes: "The last time that the House referred a contempt of Congress charge to DOJ, then-President Reagan’s prosecutors immediately brought the matter to a grand jury; it returned an indictment just nine days after the House vote."

In response to my questions as to whether federal probes could be ongoing at DoJ, but we simply don't know about them yet, Bonifaz cites the agency's prosecution of Trump lawyer Michael Cohen for charges related to a criminal conspiracy the DoJ declared at the time was "directed" by Trump, and the ten or more instances of Obstruction of Justice by the then-sitting President, as cited by Robert Mueller's Special Counsel investigation. While it has been DoJ's (ridiculous) policy that sitting Presidents may not be indicted while in office, that excuse is long gone, Bonifaz argues. "The fact that there's been no action whatsoever on any of these offenses, including the ones that were well-established the moment that Garland took office as Attorney General --- that is deeply concerning, and signals that they ultimately do not intend to engage in holding him accountable. We're ready to be surprised, but at this point, nine months after he has taken office, we need new leadership at the Dept. of Justice, in our view, to ensure that the rule of law is enforced."

Does Bonifaz believe that Biden's DoJ may be trying to protect the office of the President itself from charges of political bias or from the DoJ being used as --- or being seen as being used as --- a political weapon? "What is at issue is that the Donald Trump Administration and Donald Trump himself used the Dept. of Justice as his own private agency to cover up. So what's critical now is that the Justice Department establish itself as an independent agency that's not going to carry out the political agenda of the President. If anything, doing what they're doing, in this particular instance, indicates somehow that they may have political considerations at stake," he contends. "That they may not want to engage in indicting a former President because of the impact it will have on the current President and his own political agenda --- that is just as wrong as a decision by Donald Trump to misuse the Justice Department for his own political purposes."

"There is no get-out-of-jail-free card because it's hard for the nation to handle it, or because we somehow need to come up with this fiction that the President is protected in a special way than others are," he asserts. "He's a former President, and if he engaged in these federal crimes, he needs to be held accountable."

There is, of course, MUCH more from Bonifaz today on all of this, including whether he thinks folks like Harvard's Tribe and other accountability groups may sign on to FSFP's effort) they are collecting signatures on a petition at GarlandMustResign.org); the outrage of actual legal protections the DoJ has been offering on Trump's behalf in court; and whether he believes that state prosecutors in New York and Georgia, at this point, are more likely to ultimately bring at least some accountability for at least some of Trump's many crimes.

Also on today's show, more troubling evidence of outrageously extreme partisan gerrymandering being enacted as we speak by Republican-controlled states around the country, and the need --- for the survival of democracy itself --- for Democrats to step up in response, whether by partisan gerrymandering states that they control or, preferably, by passage of federal voting rights and election reform legislation in Congress, such as the Freedom to Vote Act, to ban partisan gerrymandering in all 50 states prior to the 2022 midterm elections...

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From legal and election wonkery to supply chain wonkery, there is no wonkery that is too wonky for today's BradCast! But I suspect (or, at least, hope) you'll find it a pretty good show nonetheless. And you'll even find out why I actually agree (mostly, sort of) with not one, but two of Donald Trump's dumb, manipulative, self-serving statements he released yesterday! [Audio link to full show is posted below at end of this summary.]

• First up, Steve Bannon is in trouble. He has no legitimate legal claim to not answer the subpoena of the U.S. House Select Committee on the January 6th attack for both testimony and documents. Yet he's taking his (bad) legal advice from the disgraced former President and may wind up in jail because of it. If --- and it's still a big if --- Attorney General Merrick Garland is up to the job he was appointed to. We bring you up to date on all of the Committee's subpoenas to date, and who, other than Bannon, may also soon be facing criminal contempt charges.

• Then, on Wednesday, Trump issued two dumb statements that we, shockingly. can (mostly, sort of) get behind. The first one was simply this: "If we don’t solve the Presidential Election Fraud of 2020 (which we have thoroughly and conclusively documented), Republicans will not be voting in ‘22 or ‘24. It is the single most important thing for Republicans to do." --- Of course, there has been zero evidence of election fraud of any note from 2020 documented thoroughly or otherwise. But we definitely agree his Republican supporters should absolutely stay home during next year's mid-terms and 2024's Presidential election. It's just the right thing for Republicans to do. That said, I also explain why this statement may suggest that Trump, contrary to conventional wisdom of late, may not be planning to run for President again.

• Next, on Wednesday, a state Superior Court judge in Georgia (I misspoke on the show, describing this as a federal case) dismissed [PDF] the last major legal challenge still pending to the 2020 Presidential election in the state. It's a civil complaint filed by lead petitioner Garland Favorito of VoterGA. He has been on this show several times over the years, and who I've known him as an election integrity advocate long before Trump decided to pretend to be one. As explained, while I've got some problems with Favorito's lawsuit and, in fact, a number of claims he's made regarding the 2020 election since being discovered by the MAGA Mob (who, like Trump, also had zero interest in actual election integrity until now --- and still don't, to be frank), his lawsuit should not have been dismissed. At least not on the grounds that the Judge Brian J. Amero did so.

  The petition, seeking a physical inspection of absentee ballots in Fulton County (Atlanta), charges, among other things, that "pristine" counterfeit ballots --- never folded and bubbled in perfectly, as if by a computer --- were discovered during one of three statewide post-election "audits" last year. The evidence for the claim is largely based on allegations made by a woman who participated in the state-run hand-count "audit", though the affiant reportedly never brought the matter to the attention of officials during the audit and her story has changed somewhat over time, as she received attention from the MAGA media.

  Nonetheless, investigators from Republican Sec. of State Brad Raffensperger's office told the court this week that they examined the ballots in question, and reported to the judge that they could find no such "pristine" counterfeit ballots in the batches specified by the complaint. While the judge says he reviewed that report by the state investigators, he says his dismissal is for a different reason. He held that the petitioners had no legal standing to sue, since they could show no "particularized injury," affecting them "in a personal and individual way". In other words, while their complaint could be true, it affected all Fulton voters, not just Favorito and friends.

  It's not Judge Amero's fault. The judicial theory is absurd, but it is based on a ruling by the state's 11th Circuit Court earlier this year. It was used as the basis to dismiss a separate attempt to overturn Georgia's 2020 elections results filed by L. Lin Wood, one of several Trumpy attorneys who, like Rudy Giuliani and Sidney Powell, have had laughable, evidence-free 2020 "fraud" cases tossed out of courts and have been sanctioned for filing them. But the notion that a petitioner can't sue in Georgia, essentially because everyone has been affected by a certain alleged wrong, is a very bad precedent. And it's likely to harm other important and actually legtiimate lawsuits in the Peach State.

  More to the direct point here for now, as Favorito correctly noted in response to the ruling, according to the Atlanta Journal Constitution: "All citizens of Georgia have a right to know whether or not counterfeit ballots were injected into the Fulton County election results. It is not adequate for any organization [in this case, the inspectors at the Sec. of State's office] to secretly tell us there are no counterfeit ballots and refuse to let the public inspect them."

  He is right. And so was Trump --- accidentally and disingenuously, of course --- in his own dumb, self-serving response to the court's ruling on Wednesday when he correctly asked "Why can't the public see the ballots?" (Most of the rest of his statement was either wrong or ridiculous.) Favorito says he will appeal.

  As explained on the show in more detail, public elections belong to the public. And only public oversight of public elections offer any chance of avoiding the situation we are now in where dishonest cretins, like Trump and his supporters, can falsely claim fraud. Secret vote counting by computers and ballots kept beyond the (controlled) reach of the public will guarantee that such claims --- legitimate or otherwise --- will continue to be made in future elections. That is a grave threat to democracy itself --- just in case you haven't noticed. It is the one we are now facing. And it can only have a chance of being cured by public oversight. Favorito and the public should be allowed to visually inspect the actual physical ballots --- so long as he pays for the effort and the ballots stay in the custody of public officials (unlike what happened in the Cyber Ninjas' clown show "audit" in Maricopa County, AZ). If it reveals counterfeit ballots, good. We should know that. If it doesn't, even better. The claim can be, hopefully, put to bed.

  Anyway, more detail and explanation on all of this on today's program.

• Finally, Desi Doyen joins us for our latest Green News Report, on the disrupted global supply chain amid the pandemic resulting in a huge spike in energy prices and some very good climate news for both California under Gov. Gavin Newsom and the United States under President Joe Biden...

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On today's BradCast: We're nearly two years into this seemingly endless pandemic. If you happen to teach at a college or university in a "blue" state and have been vaccinated, you can probably go to work each day feeling relatively safe. If you work at a "red" state university, however, the story is very different. That, of course, is thanks to the twisted politics of our former President and those who either fear his wrath or have been brain-poisoned enough to put their own families and communities at risk because of it. [Audio link to full show follows this summary.]

But, first up --- mostly for Desi and other Trekkers like her --- we spend a few minutes on William "Captain Kirk" Shatner after he oldly went were a few have gone before. But while Shatner got a free ride to the edge of space for three minutes on Wednesday, courtesy of Jeff Bezos, it only serves as a reminder of the many essential, working class grunts who actually paid for his trip. On the other hand, some of Shatner's remarks upon return to Earth also remind us of our fragile climate and thin blue atmosphere that keeps us alive, even as we treat it like a garbage dump.

Speaking of essential workers, new data from the Labor Department this week reveals many are quitting their jobs in droves, particularly those forced to come face-to-face with an angry, frequently privileged, sometimes violent, often mask-free public right now in low-wage service jobs at bars, restaurants, hotels and retail outlets. The record number of workers quitting to look for better working conditions in August comes as businesses are struggling to find workers, with some employers --- gasp! --- forced to offer higher wages and benefits to stay in business.

But while it may be easy enough to leave one bartender job for a better one at an establishment that takes better care of its workers, it's not quite as easy for those who teach at colleges and universities. We've all seen endless videos of furious parents at local school board meetings, threatening school officials if they dare institute mask mandates to help keep teachers and children --- and their furious parents --- safe. But we've heard less about higher education faculty whose institutions, often in Republican-leaning states, find themselves at the mercy of GOP Governors mandating anti-masking rules or state-run boards (often controlled by the same rightwing politicos) who refuse to hear the pleas of college and university students and faculty alike.

Late last month, for example, more than 50 faculty members at the University of Georgia, many with expertise in the study of infectious diseases, signed a faculty statement declaring: "In order to protect our students, staff and faculty colleagues, we will wear masks and will require all of our students and staff to wear masks in our classes and laboratories until local community transmission rates improve, despite the ban on mask mandates and the USG [University System of Georgia] policy to punish, and potentially fire, any faculty taking this action."

We're joined today by DR. MATTHEW BOEDY, Associate Professor of Rhetoric and Composition at the University of North Georgia in Gainesville. He also serves as the Georgia chapter President of the American Association of University Professors (AAUP), where eight national chapters recently urged the federal government to step in to help keep faculty and students safe at public universities were Governors and school boards will not.

The USG is governed in the Peach State by the Board of Regents, many of whom are appointed by the sitting Republican Governor. "They generally follow the Governor's wishes in terms of policies," Boedy explains. But last year, "they pushed him aside and gave us a mask mandate when Gov. Brian Kemp said he didn't want any mask mandates." The rule was repealed in June, however, as the pandemic momentarily ebbed. "Then Delta came, and we desperately needed [another mask mandate], and they refused to have one because they weren't going to push aside the Governor a second time, especially in terms of how heated it has gotten. The Governor, of course, has banned mask mandates around the state."

As an expert in rhetoric, I asked about the irony of Republicans opposing mandates by instituting mandates against mandates. "The groups on the right and politicians on the right will use words in opposite of their intended meaning or their usual meaning to get what they want. They don't like mandates, but they'll push mandates in another way. It is truly cognitive dissonance," Boedy asserts. "And it just shows that this is not driven by science, it's not driven by common sense. It's not even driven by any type of logic that I can follow, because if you speak to these people, they just change in any direction that is against what you're saying. "

"As a rhetoric teacher," he continues, "I'm teaching a class on misinformation, and I'm doing it for this reason. It's just really difficult to get beyond the cognitive dissonance, and I'm trying to teach people not just to recognize it but to find rhetorical ways to persuade people who seem to not want to be persuaded." We wish him luck.

In the meantime, Boedy also details the actions that the AAUP has taken to try and get help for "red" state universities from government officials and the responses they've received from elected officials both at the state and federal level. He notes that in a state where "collective bargaining is barred by state law," they don't have unionized power behind them, but they had considered walkouts anyway, before deciding against it. At least for now. "We didn't want to punish our students for the deplorable actions of our university administration.  We didn't want to walk out. We didn't want to stop class. We didn't want to add to the punishment their getting with the lack of masks," he says. "What we're trying to do is keep up public pressure --- I call it a public shaming of our university leaders --- and hopefully, they respond. So far, sadly, they have not."

Boedy says, however, that they may get some help from the Biden Administration's Department of Education. In the meantime, we happened to catch him on "a dark day" for higher education in Georgia. On Wednesday, the Board of Regents made conditions arguably worse for professors in the University of Georgia System, as they voted on Wednesday to approve a new tenure policy allowing tenured professors to be fired without faculty input. "What we have now is tenure in name only," Boedy explains. "They erased the due process protections for a particular group of professors, ending tenure protections for them. So, the dominoes can certainly fall after that to the rest of us. But it is, yes, the death of tenure and due process in Georgia."

Finally, after a week or two of reporting on the recent oil spill off the coast of Southern California in Orange County on this show, some much brighter, somewhat related news. "The Biden administration announced on Wednesday a plan to develop large-scale wind farms along nearly the entire coastline of the United States, the first long-term strategy from the government to produce electricity from offshore turbines," according to the New York Times late today. We happily discuss...

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Of course they knew they were lying at the time. The pathetic thing is, their supporters who they continue to dupe, still believe the lies even today! But just in case anyone needs actual proof of Team Trump's attempt to use a Big Lie to try and steal the 2020 election, new evidence discussed on today's BradCast has been unearthed via the discovery process in one of the many defamation cases now filed against the Trump Campaign and their lawyers, Rudy Giuliani and Sidney Powell. [Audio to full show is posted at the end of this summary.]

According to a report from the New York Times today, a memo written by the Campaign in November, included in a recent motion filed by former Dominion Voting Systems employee Eric Coomer, reveals that even while Trump's attorneys were lying to the public about Dominion having stolen the election (so they could try and steal it themselves) via an insane, evidence-free conspiracy theory involving hacked voting machines, George Soros, China, Cuba, Venezuela and its dead President Hugo Chavez (among others), the Campaign knew it was all nonsense.

None of it stopped their attorney from continuing to try and steal the 2020 election anyway, nor from defaming Dominion (which is suing a bunch of them, along with Fox "News" and other far-right outlets) nor Coomer, its former director of product strategy and security, who they falsely claimed to have been key to Dominion's non-existent strategy to hack the election for Joe Biden. Oh, and the Trumpers also falsely claim that Coomer revealed the whole plot while on a recorded conference call with "antifa", with whom he was supposedly a "member," according to the ridiculous MAGA mob claims....even though there is no such actual organization (and, apparently, no such actual recording. Go figure!)

The Dominion/Venezuela/Hugo Chavez part of the story - which also involves another company named Sequoia, which is suing for defamation as well, and has even LESS to do with any theft of 2020 --- is somewhat our fault. The Powell/Giuliani lies about Venezuela and Chavez and Dominion and Smartmatic were spun from a twisted and bastardized version of my exclusive, investigative reporting from 2008 to 2010. (Reporting that was well-sourced, accurate, independently verifiable, and which happily still stand by.) Thus, we spend some time unpacking the latest revelations in this story for you today, as twisted as it all is.

That story, in turn, helps us kick off a host of fresh accountability-related stories today that are unlikely to end well for any of the Trumpers. Among them...

• Republican Senators (and Trump lackeys) Lindsey Graham and Mike Lee also didn't buy the bogus fraud narrative that the Trump White House and Campaign were selling, according to Bob Woodward and Robert Costa's new book, Peril. Not that that prevented Graham from tossing in with the criminal conspiracy in Georgia with Trump, Giuliani and others, to try and steal the election in the state. That criminal conspiracy is currently being investigated by Atlanta's Fulton County District Attorney.

• During a routine scheduling hearing in New York state court, the lawyer for Allen Weisselberg, the Chief Financial Officer at the Trump Organization, who has been indicted along with the company on several felony charges related to an alleged, long-running, tax fraud scheme, described as "sweeping and audacious" by state prosecutors, revealed that new indictments may be coming in the case. Little more was offered as far as who might be indicted and on what basis the attorney made his claims, but there ya go. In the meantime, the judge has pushed the next hearing to July of next year to allow Weisselberg time to review some 6 million pages of documents submitted as evidence in the case, pushing any trial to August or September of 2022 at the earliest. That, of course, presumes Weisselberg, who has worked at the Trump Organization for five decades, doesn't decide to flip on his boss before then to avoid huge fines and years in prison.

• As to fines (and legal fees) that Trump and/or his businesses may have to cough up, given all of the ongoing legal battles they are defending against, that could become a very big problem for the disgraced former President as well. According to new reporting, occupancy rates are plummeting at Trump's properties, including his headquarters Trump Tower in New York and his tower in Chicago. A $100 million loan for the Fifth Avenue building in NYC has now been placed onto a "debt watch list" by the loan's master servicer, Wells Fargo, due to the quickly falling occupancy rate in the building since the end of last year. And that comes as Trump is reportedly personally on the hook for loans up to $400 million coming due in the next couple of years.

• And, if you think it's time for us to move on from Trump accountability coverage since he's no longer in officer, well, we've got some bad news for you. We haven't even given up yet on George W. Bush accountability news! Happily, he faced a bit of accountability this weekend for his years of unprosecuted war crimes, courtesy of a U.S. Iraq war vet this past weekend in Los Angeles. We've got the play-by-play.

• Finally, Desi Doyen joins us for our latest Green News Report, with good news and bad (mostly bad) as the U.N. General Assembly meets this week in New York and much more. Also, remember when the Trump Administration moved the Bureau of Land Management headquarters from D.C. to Grand Junction, Colorado in 2019 to try and pretty much kill the federal agency? Well, that largely worked, with nearly 300 experts, scientists and other employees who chose to resign or retire rather than move their lives across the country for no legitimate reason. Now the Biden Administration's Interior Department is moving the BLM back to D.C.

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It's an old cliche by now that every bad disaster movie begins with a scientist's warnings being ignored. We'll continue to hope, on today's BradCast, that California's Gubernatorial Recall election, with voting under way right now and Election Day next Tuesday, doesn't turn into a bad disaster movie...now that CA's Democratic Secretary of State seems to be ignoring the urgent warnings from a whole bunch of the nation's top computer scientists. [Audio link to full show is posted below this summary.]

Several weeks ago, polling of likely voters in the GOP's sleazy attempt to oust Democratic Gov. Gavin Newsom from office in a special recall election, suggested a dead heat on the question of removal for the otherwise popular progressive Golden State Guv. Today, more recent polling suggest Newsom is up by more than 10 points among those considered to be likely voters, according to 538's average of recent surveys, and by about 8.5 points in RealClearPolitics' round-up. That, after the very Trumpy, far-right Republican radio host, Larry Elder, has emerged as Newsom's likely replacement if the Governor loses on the ballot's first question as to whether he should be recalled.

In the meantime, as we have been highlighting over the past month, California's state election officials should be very concerned about a new security threat to the election itself following the theft of Election Management System (EMS) software made by Dominion Voting Systems. The vendor's systems are used to run elections in nearly 60% of California jurisdictions. Copies of its EMS software were apparently purloined in the middle of the night by a far-right County Clerk in Mesa County, Colorado last May before being released to the wilds of the Internet during MyPillow CEO Mike Lindell's phony "cyber symposium" last month. That release now poses "critical new risks to the recall election," according to eight of the nation's top cyber security and voting system experts. They sent a chilling, 3-page warning letter [PDF] to CA Sec. of State Dr. Shirley Weber late last week, advising her to mandate a statewide Risk-Limiting Audit (RLA) as the "one critical action" she can and should take immediately to try and mitigate against this "serious threat" which, the experts argue, warrants "emergency action" on the part of state officials.

One of the authors of that letter, DR. DUNCAN BUELL, Chair Emeritus in Computer Science and Engineering at University of South Carolina, joins us on today's show to explain the letter, the threat and the need for the SoS to take action now, rather than waiting until after Election Day.

"If the results are known first and then somebody says 'let's audit', there will always be some skepticism and some conspiracy theory that the reason for the audit is because the result came out different from somebody in power who wanted it to be a different result," Buell tells me. "You've got to mandate the audit before you have the result so the voters know that this is being done specifically for the right reasons."

He goes on to explain how the EMS software, which can now be downloaded and explored for vulnerabilities by anyone with an Internet connection, is "absolutely central to everything" when it comes to running elections on computer systems. "The EMS is almost certainly going to be configuring ballot styles --- even for hand-marked [paper] ballots, where the bubble is to be filled in, in terms of position on the page --- and it's going to be the system at the end of the day that does the tabulations. So anything that is that central is really critical."

When I ask if it's an overstatement to refer access to the EMS software as "the keys to the kingdom" when it comes to computerized voting and tabulation systems, Buell confirms: "I don't think that's an overstatement at all. That's very much the case."

Even with the recent shift in polling, suggesting a possible lead for Newsom in the Recall, Buell notes, "I don't necessarily think either side should be breathing a 'sigh of relief' because the problem really is that the election system needs to be secure, and the election process has to be done in a transparent way that voters can trust and understand. With the release of the [EMS] software, it's hard for anyone to really feel that what's going to happen is what ought to happen unless there is a statistically sound Risk-Limiting Audit conducted after the fact, just to make sure things got done right. This is a question of confidence, transparency, and the fact that we don't get to do elections over."

He offers much more insight on all of this during our conversation today, as based on his many years of experience with voting systems as both a Professor and expert witness in voting system related cases and challenges across the country. We discuss the lack of response the eight top experts have so far received from Sec. Weber in CA, and a dismissive --- and arguably naive --- statement given by her office to AP last week following the release of the letter.

"I have seen well-meaning election officials with too little skepticism and too much hubris," Buell warns. "I think that's a problem. We don't know what the results are going to be, so we don't know ground truth for what's going to come out of this recall election in California. We can't do it over. This means that, yes, all of the processes have to be rock solid. But it also argues that there needs to be a way, after the fact, to make sure that the outcome that you think you got is the outcome that you should have gotten. That's what one of these RLAs, Risk Limiting Audits, will do."

He also observers that California is lucky, in that the inventor of the RLA protocol, Philip Stark of U.C. Berkeley, is right here to help. Stark is also a signatory of the letter to Weber. He joined us on the show several weeks ago, just after the stolen Dominion EMS software was released, to explain the serious concerns at that time --- well before the national media had noticed any of this, and before CA's SoS got around to seemingly ignoring the warning and advice of the nation's top experts in the field.

Given that Donald Trump is already falsely and predictably claiming that the CA Recall is "a rigged election", as is Fox "News", it's even more imperative that Weber mandate a professional, publicly witnessed, statewide post-election audit now (as opposed to the type of scammy, secret, "audit" theater recently carried out by inexperienced, partisan, conspiracy buffoons in Maricopa County, Arizona, for instance) before the computer-tallied results of next week's critical Recall Election are known.

Speaking of fraud and conspiracy buffoons, we have a bit of fresh news this week about the slow, but still "ongoing" criminal investigation by Fulton County, Georgia District Attorney Fanni Willis into the conspiracy led by Donald Trump to try and strong-arm Peach State officials into stealing the election on his behalf last year. That probe could also end up targeting fellow conspirators Sen. Lindsey Graham (R-SC) and Rudy Giuliani.

And then we close with the really really dumb comments from MyPillow conspiracy buffoon Mike Lindell, in which he recently seems to have thrown himself under the bus on his own streaming video channel, in regards to the $1.3 billion defamation lawsuit he is currently facing from Dominion Voting Systems...

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Today on The BradCast, important, helpful advice for progressives in California's Gubernatorial recall, and we win a first court victory against Georgia's new anti-voting and anti-press freedoms law! [Audio link to full show is posted below this summary.]

But first, Desi Doyen joins us for the latest on the record-smashing deluges in both Tennessee, where at least 22 are dead following 17 inches of rain in less than 24 hours, an all-time record and triple what had been forecast --- and on the Northeastern Seaboard where Hurricane (turned Tropical Storm, Turned Tropical Depression) Henri is wreaking absolute havoc. All just the latest examples of our worsening climate change emergency, as Desi explains.

Next, we had a court victory in Georgia on Friday! The first one, in fact, to knock down a provision of the state Republicans' abhorrent anti-voting bill, SB 202. And, I'm proud to say, it happens to be one of the provisions on which I am the named plaintiff representing the media. The lawsuit, filed by the Coalition for Good Governance (CGG), is one of eight suits currently challenging various provisions of the law. CGG's suit, among other things, challenges a number of anti-First Amendment press freedoms jammed into the statute, along with the voter suppression stuff and the provisions which allow the state to take over county boards of elections and subvert election results.

The specific provision struck down by the federal court [PDF] on Friday, criminalized all photography of voter ballots by the public and/or media. Given the state's new, huge touchscreen voting systems, it's now almost impossible to not see a voter's ballot when media or the public attempt to observe voting inside of Peach State precincts. Unfortunately, in addition to striking that one down, the judge allowed several other provisions in this early challenge to stand, though CGG Director (and frequent BradCast guest) Marilyn Marks told me over the weekend there will be much more to come in this case, as they are deciding whether to pursue reconsideration and/or appeal of several parts of the judge's early ruling. While a small victory, for now, it also establishes that the Coalition has standing to sue in this case and that, too, is encouraging good news.

Next, it's on to the ongoing, idiotic --- but deadly serious --- California Gubernatorial recall, in which Republicans, unable to win regular elections, are hoping to unseat popular progressive Democratic Gov. Gavin Newsom, who is otherwise up for reelection next year anyway. Vote-by-Mail ballots have been sent to all registered state voters (at the cost of hundreds of millions of dollars, thanks to those "conservative" Republicans), but, curiously, while Newsom and the Democrats are calling on voters to vote NO on the ballot's first question ("Should Newsom be recall and removed from office?"), they are calling on voters to leave the second question ("Who should replace him, if he loses on Question 1?") completely empty! "Vote No and go!," Newsom and state Dems have recommended.

As our guest today, ERNEST A. CANNING, a longtime progressive Democrat, both writes at The BRAD BLOG and explains on today's show, that strategy may be extraordinarily ill-considered and could backfire on Dems. Instead, after culling through the records (or lack thereof) of every non-Republican, non-Libertarian candidate on question two of the recall ballot (there are 46 candidates in total), Canning, in his "One Progressive's Guide to the CA Recall," explains why he believes the best strategy for progressives is to vote for the Green Party's Dan Kapelovitz on question two.

Both of the leading party candidates (far-right talk radio host Larry Elder for the Republicans and 29-year old real estate mogul and YouTube sensation Kevin Paffrath for the Dems), among other things, oppose Newsom's common-sense, life-saving mask and vaccine mandates and vow to lift them if elected.

Kapelovitz, on the other hand, a criminal defense attorney, both supports the Governor's science-based mandates that have been so successful in the state, and opposes the recall of Newsom itself on question one. He says he's running to stave off a worst-case scenario, according to Canning, should the currently "dead heat" first question result in the unthinkable removal of the Governor.

We also discuss the questionable Constitutionality of CA's more than 100-year old recall process (built into the state constitution by an anti-corporate Republican-turned-Progressive Party Governor in 1911) which could allow a new Governor to be elected to the nation's most populous state with far fewer votes than the current Governor actually receives to stay in office on the very same ballot. And, there's also the troubling matter that this election could have serious national ramifications. California's 88-year old U.S. Senator Dianne Feinstein may need to be replaced at some point before her current term ends in 2024. If a Republican, like Elder, becomes Governor and appoints a fellow Republican to her seat, control of the U.S. Senate would immediately revert to Mitch McConnell and the GOP.

So, yes, this CA Recall, as dumb as it is, matters. And it's important for progressive voters to pay attention, fill out a hand-marked paper ballot, and hopefully deliver it in person to a polling location or a drop-box by September 14th.

Finally, speaking of rightwing talk radio hosts, we've been reporting on a number of them who used our public airwaves to spread disinformation about COVID deniers and its vaccines, before finding themselves hospitalized or killed by the disease in recent weeks. One of them we've covered since his hospitalization in mid-July is Nashville's popular, nationally-syndicated Phil Valentine. After spending months mocking the seriousness of the virus and making fun of the life-saving vaccines, Valentine was announced dead over the weekend, after weeks on a ventilator, on what was reportedly his 62nd birthday...

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California Republicans know they can't win normal statewide elections. Hence, the attempted Recall election of progressive Democratic Gov. Gavin Newsom amid several crises that the GOP candidates hoping to replace him will make considerably worse. But now, voting system and cybersecurity experts tell The BradCast there is reason to be very concerned about the voting and tabulation systems used in some 60 percent of the state, following the recent theft and release on the Internet of Election Management System software, allegedly by a far-right County Clerk in Colorado during the MyPillow CEO's so-called "Cyber Symposium" last week in South Dakota. One of those experts joins us to explain the concerns, and what can be done about it, today. [Audio link to full show is posted at end of this summary.]

But, first up, the circus of some 46 candidates on the ballot hoping to become Governor of the nation's most populous state, if Newsom is removed by the first question on the Recall ballot, serves as a reminder that this special election, while seemingly ridiculous, is also potentially deadly for residents of the Golden State. Nonetheless, recent polling suggests that it is currently a dead heat as to whether Newsom will be removed and then replaced by someone likely to get little more than 20% of the vote on the ballot's second question about who should take his place.

In the middle of a debate between several GOP "front-runners" on Tuesday in Sacramento, one of the candidates, multi-millionaire John Cox (the guy who actually campaigns with a grizzly bear), got served in a Court process as he was introducing himself, as "ordered" by a San Diego Superior Court Judge finding that he owes about $100,000 to a contractor the Republican businessman failed to pay during his failed run against Newsom in 2018.

While neither of the top Republican or Democratic candidates on question two of the ballot were at the debate (Trump-loving, climate change denying, woman-hating Rightwing radio talk-show host Larry Elder and Democratic real-estate millionaire Kevin Paffrath), both of them oppose Newsom's mask and vaccination mandates. The BRAD BLOG's Ernie Canning, in a "Progressive's Guide to the California Recall" published today, explains why CA voters must vote "NO" on the Recall's first question, before he goes on to explain who he believes progressives should support on question two.

Sky-rocketing rates of infections, hospitalizations and deaths under GOP Governors like Florida's Ron DeSantis and Texas' Greg Abbott (who tested positive himself on Tuesday), should serve as another reminder of the importance of both elections and having Governors who do not place political ambition over science. Despite pleas to the contrary from health officials, both DeSantis and Abbott have issued edicts blocking local governments and school districts from instituting mask mandates, even as hospitals in both states are reaching or exceeding capacity, and children under 12 (unlike Abbott and DeSantis) are ineligible to become vaccinated. (Fortunately, President Biden reiterated today that the federal government will cover the salaries of school officials who chose to protect children, even if their paychecks are cut by the TX and FL Governors. And one school district in TX has come up with a very clever way of trying to get around Abbott's ban on mask mandates.)

Meanwhile, thanks to Newsom's various statewide mask and vaccine mandates here in California, infection, and death rates are all now coming back down once again.

Of course, facts such as these mean little to those pushing for the removal of Newsom, and many on the right have demonstrated of late that there is little they won't do in order to "win" an election. Thus, the theft and release of important voting system software by a far-right County Clerk in Mesa County, Colorado last week during Mike Lindell's "cyber symposium" (at which he didn't release the promised "absolute proof" that China stole the 2020 election from Trump), has a number of actual cybersecurity and voting system experts very concerned today.

We've been covering this story in detail over the past week, as both the national media and California media haven't covered it at all. But they should. Colorado media finally jumped in, a bit, this week after their Sec. of State on Monday announced that Mesa County Clerk Tina Peters --- who appeared on stage several times at Lindell's forum last week --- was behind the theft and copying of two hard drives at the Mesa County Election Division containing Dominion Voting's Election Management System (EMS) software.

Democratic CO Sec. of State Jenna Griswold's office, in a news release Monday night, explained how Peters pulled off the heist with two accomplices in the middle of the night back in May, before the software was released into the wild during last week's symposium. Since then, we have reported on this show about the concerns expressed by voting system and cybersecurity experts like Harri Hursti, who warns that the release of the critical software "lowers the barrier for attack planning and therefore increases the likelihood of future attacks." That, just after another top expert in the field, University of Michigan's J. Alex Halderman, filed a 50,000 word report in a long-running federal lawsuit in Georgia, which seeks to ban Dominion's unverifiable touchscreen voting systems. The report, which he says [PDF] details disturbing, newly discovered vulnerabilities in those systems, which reportedly could allow votes to be changed without detection, has now been sealed by the federal judge due to its sensitivity --- even from the plaintiffs and defendants in the case!

Dominion's vulnerable touchscreens are used in several large jurisdictions in California, even as the recall is now ongoing, including San Diego County, San Francisco and Riverside County. Their EMS software --- released to the Internet and downloaded by thousands just last week --- is used to tabulate votes, both hand-marked paper ballots and touchscreen votes, in every county where Dominion's systems are used. The software is used broadly in enough counties here that it could easily effect the computer-tallied results of the Recall election.

Another top expert who is worried about all of this joins us on today's program to explain why, and what can now be done about this serious security breach. University of California-Berkeley Professor PHILIP STARK is an expert witness in the Georgia case, the inventor of the post-election Risk-Limiting Audit protocol, and currently serves on the Board of Advisors of the U.S. Election Assistance Commission.

He joined Hursti this week in telling me that they were both dubious about vague claims from the CO Sec. of State's office that the U.S. Cyber Security and Infrastructure Security Agency (CISA) was not particularly concerned about the leak of the Dominion software.

"It is a serious risk," Stark makes clear today. "The best metaphor I've been able to come up with is, if I were trying to break into a bank, how helpful would it be to have blueprints of the bank and the bank vault? How helpful would it be for me to have an actual exact copy of the bank, completely at my disposal, to try different ways of breaking in and so forth? Not even a scale model, but literally the exact same thing, just in a different place. That's what having a copy of these disks amounts to."

"To the extent that these systems were not that secure in the first place, this doesn't make the systems more vulnerable. But it gives a would-be evil-doer lots of help and information to plan an attack, figure out what's going to work, which then can be conducted later by someone with less technical skill," Stark warns.

He explains that "these Election Management Systems are used, among other things, to configure the ballot marking devices" as well as "results from the precinct-based scanners" and the high-speed centralized scanners used to tabulate Vote-by-Mail ballots. "The release of the EMS code gives someone a blueprint for how to write malware to infect the ballot marking devices, etc., when they're configured using these systems."

We go on to discuss what can and should now be done by California in regards the ongoing Recall election (as well as other jurisdictions, with elections coming up in November, where Dominion systems are used in more than a dozen states) to ensure that results are accurately tabulated and reported, and can be known by the public, after the election, as such. His recommendations include the use of both hand-marked paper ballots and a far more robust post-election audit process than is currently mandated by CA state law.

Moreover, he cites a critical lesson that should be learned from Tina Peters, the Republican County Clerk in Mesa, CO who is alleged to have brought accomplices into the Elections Division in the middle of the night on May 23rd, and turned off the security cameras in order to steal the software and copy it for release into the wild. (She is now under criminal investigation and has been relieved of her duties by CO's Secretary Griswold.) "This is a very clear reminder that insider threats are real," observes Stark. "This is a wake-up call. It is very difficult to mitigate insider threats."

We are still waiting for a response from the CO Sec. of State's office, as to who they spoke with at CISA and what exactly that person said, given that the cybersecurity folks I've spoken with are quite dubious that the nation's top cybersecurity watchdog actually downplayed this voting system breach. Or, if they did, that they fully understood it. Meanwhile, CA's Sec. of State, to my knowledge, has said nothing about any of this publicly. But that may be because neither state nor national media --- other than us --- have bothered to connect the dots between California and these very serious concerns...

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Our guest on The BradCast today is virtually begging those on the environmental center and left to come together, to put aside their various (if important) pet projects, in hopes of coming together for two key elements in the blueprint for the Democrats' $3.5 trillion budget reconciliation package. It is, he details, our last, best chance for likely more than a decade to soften the blow of our climate emergency. Do that, he says, then "we can resume fighting like a bag full of cats in a couple of months." [Audio link to full show is posted below this summary.]

But, first up, a quick follow-up from yesterday's BradCast, during which we broke the news that someone at MyPillow CEO Mike Lindell's bat-crap insane three-day "Cyber Symposium" in South Dakota this week to "Stop the Steal," released digital image copies of three hard drives containing Dominion Voting Systems actual Election Management System software, as used in real elections across the country. These copies seem to have come out of the County Clerk's office in Mesa County, Colorado. The elected County Clerk there, Tina Peters, is a hard-right official who appeared at Lindell's "symposium" that promised to reveal (then spectacularly didn't) how China supposedly flipped millions of votes over the Internet in 2020 to steal the election from Donald Trump.

With our confirmation yesterday that the Dominion software is now confirmed to be in the wild, even as the Gubernatorial Recall election is now under way in California (where Dominion's software is used in about 60% of the state), there are very serious concerns about what effect the security breach could have on the Recall election --- not to mention others coming up across the country this November. Marilyn Marks, a regular guest on the show, whose non-partisan election watchdog group, the Coalition for Good Governance, is suing the state of Georgia in federal court to stop them from forcing voters to use Dominion's unverifiable and vulnerable touchscreen voting systems in every polling place, tweeted yesterday about the "looming dark cloud over the Nov. elections," following the exposure of the EMS software. She wonders when and if election officials in the Peach State might pay attention to this breach, not to mention when national media, which seems to be all but asleep at the wheel on this, might cover the story as well.

The founder of Georgia Tech's new School of Cybersecurity, Prof. Richard DeMillo, who joined us on the show earlier this week before the stolen hard drives were leaked, to discuss vulnerabilities recently uncovered by an expert witness [PDF] in Dominion's system in the Georgia case, told me via email today that he is "still processing" the breach. But, he told me, the "news points to the urgency" of unsealing the report by the Coalition's expert witness in the case, at least to other cybsersecurity experts and election officials. "The fact that the Dominion EMS images are now public increases the likelihood that [Dominion] ImageCast voting software [as used on their touchscreen voting machines] was also leaked. The only antidote is to conform to standard industry practice and publish their vulnerabilities so that Dominion and their customers can take public steps to mitigate the risks to election infrastructure."

For the record, a number of large jurisdictions in California use the exact same Dominion touchscreens as are used across Georgia, including San Diego, San Francisco and Riverside. Are state officials here in CA even aware of this latest, serious leak? We will continue to follow the story in the days ahead, and hope that national media --- or even just CA media! --- jump in and try to get some answers from election officials about what this serious concern may mean for ongoing voting in the Recall.

Then, along with the news today from the National Oceanic and Atmospheric Administration (NOAA) that July was declared the hottest month on the planet in recorded history, we're joined by a longtime progressive climate and energy journalist who is trying to help Democrats and climate activists understand the necessity of supporting two key provisions in the Democrats landmark, $3.5 trillion budget reconciliation bill. He described this matter recently as America's "last big shot at climate change policy for a decade or more."

The great DAVID ROBERTS, publisher of the must-read Volts newsletter, joins us today to explain the importance of those two initiatives, the development of a Clean Energy Standard (CES) and clean energy tax credits in the reconciliation bill. The huge measure can be passed with simple majorities in both chambers, as long as all 50 Senators who caucus with Democrats and almost all of the Democrats in the House play along. Those two provisions together, he wrote and explains today, "would revolutionize the US electricity system" and finally give us the chance to reach net-zero emissions from the electric grid in the very few years climate scientists now tell us we must, in order to avoid the worst impacts of climate change.

Never mind other ideas that climate hawks may have for now, such as a carbon tax or cap-and-dividend. They are not part of President Biden's menu of options. It's this "or we will get nothing that will tackle fossil fuels this decade," he warns.

It may sound a bit wonky, but it really isn't. Roberts spells out, in simple terms, what both a clean energy standard and clean energy tax credits mean in the context of the critical goal of decarbonizing our electricity system, even as he has preached that the answer to ending the dangerous burning of fossil fuels is to "electrify everything", from transportation to buildings.

"Right now, roughly a third of our emissions come from electricity. But the whole plan for decarbonization is to move transportation --- which right now runs on gasoline and diesel --- to move that over to electricity. And to move buildings --- right now buildings are heated and cooled largely with fossil fuels, mainly with natural gas --- to move that over to electricity," he says. "So if you move the other two big chunks of emissions onto the electricity grid, then you see that, oh, having a clean electricity grid is the core strategy for decarbonization.  It's not just one sector. This is the sector that is going to clean up all the other sectors. So there's nothing more important for short-term, immediate decarbonization than cleaning up the electrical grid."

Both the Clean Energy Standard and tax credits will serve to move the entire grid to renewables. "Renewables are the cheapest form of clean energy. And the overwhelming effect, as any analyst will tell you, if we pass this policy, is going to be giant surge of renewable energy projects."

There is, of course, much more to this conversation, but the bottom line is that, as Roberts warns, "the stakes are enormous," and with Democratic majorities so narrow right now in both Congressional chambers, virtual any Senator or faction can sink both this bill and the smaller but still critical $1.2 trillion bipartisan infrastructure bill that's paired with it.

"If Democrats fail, they all fail, and they're going to get crushed in 2022," Roberts tells me, as he explains how it may be that a fossil fuel-loving Senator like Joe Manchin from coal state West Virginia, may still find a way to support these efforts which will, necessarily, hasten the demise of fossil fuels.

"So Manchin and [Bernie] Sanders are going to have to find a bill that they can both sign," Roberts argues. "[Kyrsten] Sinema is going to have to find a bill she can sign. I don't think even she wants to be responsible for the whole Democratic agenda going down, including her precious, beloved bipartisan infrastructure bill, because that would go down too. So it all sinks or swims together. It's a unique situation in my lifetime."

If these two bills actually make their way to the President's desk, especially with the two key provisions Roberts is citing as critical to curbing global warming, he says he will "eat crow" from every rooftop in the land, when it comes to his earlier doubts about Joe Biden's centrist, go-along to get-along roots. These measures, if they actually happen, he notes, would easily place Biden into the Democratic pantheon along with folks like FDR and quickly eclipse even Barack Obama's own accomplishments in office.

"Calling your lawmaker matters," Roberts emphasizes, even if you believe they are already on the correct side of this fight. "This is something I hear from Senate offices, from House offices, all the time. The email campaigns? Eh. The letters?  Eh.  But when people take the time to call, it gets collated and marked down, and the Senator hears about it. It matters. They need to hear that there is a public appetite specifically for the climate provisions to get through." Tell them you support a CLEAN ENERGY STANDARD.

"This is crunch time," he warns. "Everybody needs to be talking about it and getting their fellow Democrats fired up. This is the time to fall into formation, to quote Beyoncé, it's time to fall into formation and make this happen. We can resume fighting like a bag full of cats in a couple of months. But, just for a few months, we need to be coordinated and speaking in a single voice. Specifically the Clean Energy Standard. That's the core of it."

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Today on The BradCast, it's both "Code Red for humanity", according to the authors of the new report released today by the UN's Intergovernmental Panel on Climate Change, synthesizing some 14,000 climate studies from the past 8 years. And it's also "code red" for American elections, most immediately, here in California. [Audio link to full show is posted below this summary.]

New polling out last week finds that the otherwise ridiculous Republican attempt to recall Democratic Gov. Gavin Newsom is now supported by some 46% of those polled. In short, the effort to remove the Governor (for reasons nobody can quite explain, other than Republicans can no longer win regular statewide elections in the state) is now a dead heat. Who would replace Newsom if he's recalled? That is also unknown, as scores of Republicans are vying for the position, should voters choose "Yes" to recall the Governor on Question 1 of the ballot on September 14th. If a majority of voters do vote "Yes", then whoever wins on Question 2 on the ballot becomes the next Governor of the most populous state in the nation.

So, the stakes are pretty high. Which is just one of the reasons that it is so troubling that some of the largest counties in the state, including Los Angeles, San Diego and Riverside, all offer voters 100% unverifiable touchscreen voting systems when they vote in person at the polling place.

The good news is that, due to the pandemic, the Secretary of State is sending all registered voters a hand-marked paper Vote-by-Mail ballot for the Recall. The bad news is that many voters, for various reasons, will use those unverifiable touchscreen Ballot Marking Device voting systems at the polling place instead. If enough of them do, it will be strictly impossible after the election to know if any of the computer-marked ballots printed by them actually reflect the intent of any voter.

The further bad news is that an ongoing federal lawsuit in Georgia, where plaintiffs hope a federal judge will permanently ban the state's brand new touchscreen computer Ballot Marking Device (BMD) voting systems made by Dominion, has recently produced some disturbing news. One of the nation's top voting systems and cybersecurity experts, J. Alex Halderman of University of Michigan, hired by plaintiffs Coalition for Good Governance, has been given access to the Dominion ImageCastX systems used across the state, and his findings are reportedly so troubling, that the federal judge in the case has sealed his report, even from the plaintiffs themselves!

Last week, in a public declaration [PDF] in the case, Halderman warned his testing of those very systems "has shown that the BMDs used in Georgia suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes," in a way that the state's mitigation techniques will not prevent. He says that his findings must be "urgently" reviewed by both the Sec. of State in Georgia as well as Dominion. But neither is allowed to see his report under the judge's seal, and neither has filed a motion to ask the Court to unseal it for them.

As my guest notes today, apparently they'd rather not learn about the vulnerabilities in their own systems. "If the report has anything approaching the level of vulnerability that Alex describes in his summary report, they would have to do something about it. So not knowing anything about it, gives them some breathing room" to try and figure out what they should do next, he tells me.

Why is this a problem for California? Because it is one of several states where some counties use the exact same system made by Dominion. Both San Diego and Riverside use the Dominon ImageCastX system at the polling place, where voters could end up removing the Governor in just over a month. Next door, in Los Angeles County, a similarly unverifiable touchscreen Ballot Marking Device is now used at the polls.

Moreover, a study that Georgia's Sec. of State carried out last November, to determine if voters actually bother to review their computer-marked ballots printed out by the touchscreen systems before casting them, found that almost none of them did. The results of that study were kept secret by GA's Sec. of State Brad Raffensperger, and only released last week, after the Atlanta Journal Constitution obtained the results via GA's Open Records Act.

So what could all of this mean for California? Should anyone be surprised by either the results of the GA Sec. of State's study or the troubling findings by Halderman? Should these unverifiable and vulnerable BMD voting systems ever be used by any voter in an American election (other than disabled voters who may choose to use an assistive device)? And, by the way, is there any evidence that these systems may have somehow stolen the very close election for Joe Biden over Donald Trump last year in Georgia?

We're joined today by longtime cybersecurity and voting systems expert RICHARD DEMILLO, founder of Georgia Tech's new School of Cybersecurity and Privacy. He offers some cold, hard, well-informed thoughts on these systems and why Halderman's report may have been sealed by the federal judge in Atlanta. He also offers advice on whether voters in California, Georgia or any other state should ever choose to vote on one of these systems when the option of using a hand-marked paper ballot is available to them.

"The more machines you use, the more likely it is that they're going to be hacked. It's just a matter of numbers. The machines are vulnerable. There are people that are adversarial that want access to the machines. The more you make it available to them, the more likely it is that they'll be used that way," states DeMillo. "You're opening yourself up to a lot of risk that seems to be unnecessary."

In the meantime, should voters and election officials in California --- including in Riverside and San Diego, where the same unverifiable and vulnerable Dominion systems are used, as well as those in Los Angeles, where a very similar touchscreen system is now forced on all voters at the polling place --- be concerned about the new, court-sealed findings in Georgia?

DeMillo offers several, unequivocal answers. But, in short, yes, we should all be alarmed.

DeMillo also offers his thoughts on the MAGA argument that Georgia was stolen last year, and says that after requested by CNN to review MyPillow Guy Mike Lindell's "absolute proof" that the election was stolen from Trump (in what turned to be a brutal takedown for Lindell) he finds the only "absolute proof" Lindell offered is that he has absolutely no idea how elections actually work. "Literally, every word that comes out of his mouth about elections and whether or not they were hacked and how they were conducted, is simply contradicted by facts," DeMillo tells me. "There are other things to think about in election security, but that's not one of them."

Finally, we close with a few words (more to come later this week!) on the climate disaster now unfolding in places like Evia, Greece, where thousands were evacuated by passenger ferry overnight this weekend, hoping to outrun massive wildfires amid record heat that has now reportedly destroyed thousands of structures. That, on the same day that the IPCC warns our man-made climate crisis is now "unprecedented" and unfolding even quicker than scientists had predicted only a few short years ago...

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As it turns out, after so many years of warnings on The BradCast and at The BRAD BLOG, the local nightly news in Atlanta tonight sounds just like us, when it comes to concerns about the state's new touchscreen voting systems, and the same type of systems that are now used in at least 20% of the country. Of course, an urgent warning from one of the world's top experts, after examining GA's new electronic voting systems, finding they "suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes" does get ones attention. [Audio link to full show is posted at the end of this summary.]

But, first up, two Donald Trump attorneys in Colorado got sanctioned on Wednesday, bigly, for what the federal judge characterized in a brutal 68-page order, as a "frivolous", "not warranted", "bad faith" filing attempting to overturn the results of the 2020 election. It was summarily tossed last year. The judge called out the two lawyers, Gary D. Fielder and Ernest John Walker, for their complaint which, though it included many "sworn affidavits" claiming the election was rigged, actually included "no firsthand knowledge" of any fraud at all. The duo also made no effort to verify an included claim from Trump himself that Dominion Voting Systems had "deleted 2.7 million Trump votes." Describing their effort as "one enormous conspiracy theory," the judge charged the evidence-free allegations amounted to "the stuff of which violent insurrections are made." He ordered the Trump attorneys to pay the legal fees of all 18 entities named as defendants in their suit. More such serious sanctions are likely coming soon for other Trump attorneys as well, including well-known ones, in other states.

Down in Texas, meanwhile, Gov. Greg Abbott has called a second emergency special session of the state legislature to begin on Saturday, as the current one ends on Friday. The session is largely meant to force through a voter suppression bill that has now been blocked twice by state Democratic lawmakers who walked out to block a quorum that would allow passage of the measure in the GOP-controlled legislature. The state Democrats remain, for now, in D.C., where they are pleading with Congress to pass federal voting rights protections, as they remain out of reach of Texas state troopers who have been ordered by the Governor to arrest them and force them to attend what one lawmaker described as Abbot's "suppression session" in the Statehouse.

As a number of Democratic members of Congress call for their August recess to be cancelled, in order to allow passage of both Biden's landmark infrastructure passage and critical voting rights measures at the federal level, Georgia's Senator John Ossoff on Wednesday filed a federal Right to Vote Act. Currently, unbeknownst to many, there is no U.S. law or Constitutional mandate for such an affirmative right to vote for every eligible citizen. Add Ossoff's new measure (and matching legislation filed by Rep. Mondaire Jones in the House) to the list of measures that urgently need passage in advance of 2022 to counter GOP suppression efforts at the state level. Unfortunately, it's also another measure --- along with the For the People Act and John Lewis Voting Rights Advancement Act --- that will require reform of the filibuster first, since the Republican Party has now become little more than a Rightwing Authoritarian party that would never support an Right to Vote law in Congress.

Speaking of Georgia, there has been several remarkable developments over the past several days in the lawsuit by the Coalition for Good Governance seeking to bar the use of Dominion Voting Systems Ballot Marking Devices (BMDs) for all voters at the polling place. The Coalition's suit, which previously succeeded in winning a ruling in federal court that banned the state's 20-year old Diebold touchscreen systems, hopes to replace Secretary of State's 100% unverifiable new touchscreen systems, made by Dominion, with verified hand-marked paper ballots before elections in the state this Fall.

Last week, Atlanta Journal Constitution reporter Mark Neisse uncovered a secret study carried out by Raffensperger during the 2020 election finding that the vast majority of voters (81%) forced to use the touchscreen Ballot Marking Devices, didn't bother to review the computer-marked printouts before casting them for more than five seconds. A smaller majority (51%) either looked at their ballots for less than one second or not at all (20%) before casting their vote. In all, just 19% of voters, according to the Secretary's own taxpayer-funded study of more than 4,000 voters in 39 precincts last November, reviewed their computer-printed ballots to ensure accuracy for more than 5 seconds!

Remarkably, after AJC's Neisse obtained the study's results via GA's Open Records Act, Raffensperger, in a jaw-dropped Orwellian perversion of reality, claimed: "This research shows voters do indeed review their ballots for accuracy before casting them," before falsely asserting the study was "proof the votes that were counted were for the candidates the voters intended." Of course, if the results were so wonderful, it begs the questions as to why Raffensperger kept the study, and its results, a secret from the public.

Making matters even worse, one of the Coalition's own experts --- world-class voting system authority J. Alex Halderman, Director of the Center for Security and Society at the University of Michigan --- was granted access to the Dominion BMDs used in Georgia (as well as other jurisdictions, such as San Diego County, CA) to examine them for vulnerability to hacking and manipulation as part of the court case.

The results of his findings, the Coalition's Executive Director Marilyn Marks tells me, are so damning that the federal judge has refused to unseal them, even to the plaintiffs who hired Halderman! His report is currently sealed to all but the judge and the attorneys on both sides of the case. Neither the defendant, Raffensperger, or the vendor who manufactures and sells the systems, Dominion, according to Marks, have asked the judge to allow them to review the findings. They do not want to see them, for some reason. (Likely, because both would then be legally required to take action on the damning, 25,000-word report.)

For his part, while his specific findings are sealed right now by the court, Halderman has filed an urgent declaration [PDF] about the report, explaining that his findings must be "urgently" addressed by Raffensperger.

"My testing has shown that the BMDs used in Georgia suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes despite the State's purported defenses," Halderman warns in the public declaration.

"Established practice in the security field would require State Defendants to promptly subject Georgia's voting system to rigorous testing in response to my report, to assess the extent and significance of each of the vulnerabilities I described, and to identify and promptly implement specific measures (where possible) to eliminate or mitigate each of those vulnerabilities." [Emphasis in original.]

The alarming declaration was enough, apparently, to spark the attention of local television media to finally cover the story that we've been warning about for more years than we can now count. We share 11-Alive (WXIA)'s very good coverage of this breaking and disturbing news from Wednesday night.

Finally, Desi Doyen joins us for our latest Green News Report, including news on the record heat wave accelerating in Europe and sparking scores of deadly wildfires; as a tourist town in California is now nearly out of water; and much more disturbing news from the bleeding edge of our worsening global climate emergency...

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We've been reporting for months on the voter suppression laws being adopted by Republican-controlled states around the nation. But, in addition to disproportionately blocking minority groups from access to the ballot, we've also warned that many of these GOP state laws allow for the removal of qualified election officials, for virtually any reason, and replacement with partisans who may now undermine election laws and overturn election results. One of those longtime election officials who has just been removed in Georgia following the passage of the state's SB202 suppression law --- a woman who also happens to be a fierce, longtime voting and civil rights champ --- joins us on today's BradCast. [Audio link to full show is posted at end of this summary.]

First up, however, it's like the early days of the pandemic all over again in a number of very sad ways. Today, we have more sad news of misinformed, Trump-loving Republican COVID deniers and vaccine refusers who believed the pandemic was a hoax, and who are now tragically --- an unnecessarily --- being felled by the virus, despite the widespread availability of life-saving vaccines in the U.S. One doctor in Alabama wrote this week about sick patients begging for the vaccine, just before being intubated and told "it's too late."

Next, we add one important point to our detailed fact-check on yesterday's program in response to Cyber Ninjas CEO Doug Logan's ridiculous (and uninformed) suggestions that tens, if not hundreds of thousands of fraudulent votes may have been cast last year in Maricopa County (Phoenix), Arizona. His remarks were offered to a state GOP Senate panel last week, after the three month-long (and counting) "audit" theater his company was contracted to carry out of last year's election results, despite their lack of experience in elections or knowledge of voting systems. Those comments were then misinterpreted and amplified by the former President of the United States to falsely suggest the election in Arizona was stolen from him last November.

But there was one point from last week's forum that we didn't have time for yesterday. It included testimony claiming that Maricopa's computer voting and tabulation systems were wildly unsecure because their operating systems and anti-virus software hadn't been updated since the day Dominion Voting System's software was installed on the machines. It's true that those computers had not had security updates and patches applied since their first use in 2019. It's true that that is a "tremendous vulnerability" for those systems, as claimed at the forum. And it's also true that there is a very good reason why the software has not been updated since then --- which, had the AZ GOP Senate hired people who actually knew anything about voting systems, they would already have understood. We explain.

The story underscores the value of election officials --- and election auditors --- who are actually experienced and qualified for the job. Unfortunately, since Donald Trump launched his evidence-free Big Lie that the election was stolen from him, Republicans have been adopting laws in several states making it easier to remove experienced election officials and replace them with partisan patsies.

Nowhere is that more clear than in the great state of Georgia, where the GOP-controlled state legislature recently adopted SB202 in order to prevent certain voters from easy access to the ballot. That law, and others being adopted locally around the state, have resulted, according to the New York Times last month, in "members of at least 10 county election boards [who] have been removed, had their position eliminated or are likely to be kicked off...they will most likely all be replaced by Republicans."

HELEN BUTLER was one of them. She is one of the state's most prominent advocates for voting rights and the award-winning Executive Director of The Georgia Coalition for the People's Agenda, founded by the late civil rights icon Rev. Dr. Joseph Lowery (who founded the Southern Christian Leadership Conference with Martin Luther King, Jr.) She is also a ten-year veteran of the bipartisan Morgan County, Georgia Board of Elections in the Republican-leaning rural enclave east of Atlanta. Or, at least, she used to be. After approval by the state's Republican Governor Brian Kemp, Butler and the rest of the Board Members were replaced at the end of last month. The Board Members will all now be selected by the partisan County Commission, instead of built from members selected by local political parties.

On today's show, Butler, who testified on voting rights at a U.S. Senate Rules Committee field hearing this week in the state, explains the reason the Commission voted to remove the Board, claiming that it was "dysfunctional", but never explaining what that meant. "We were never brought up for any Secretary of State's violations as long as I was a member of the Board," she explains. In short, Butler suggests, she was removed because the Board hired a diverse group of pollworkers and worked hard to make sure everyone, of all parties in the County, could vote and that their votes were counted as cast.

SB202, among other things, now makes it harder to vote by mail, bans absentee drop boxes, and blocks the distribution of food or water on long voting lines. Eight different lawsuits, including those filed by The People's Agenda and the U.S. Dept. of Justice (as well as the Coalition for Good Governance, for which, FULL DISCLOSURE, I am serving as a named plaintiff representing media) have now been filed in hopes of blocking the law for a host of reasons, including the disproportionate difficulties that will now be faced by minority voters. Butler describes SB202 as a "voter suppression takeover".

But the ability to remove and replace long-serving, qualified election officials with partisan appointees who can refuse to certify elections is certainly among the most chilling aspects of the law, Butler warns. She argues that, had these new laws been in place last year, Trump's attempt to "find" enough votes to overturn his loss to Biden in the Peach State --- as we all heard in his recorded (possibly illegal) telephone call with Republican Sec. of State Brad Raffensperger --- would have been easy.

Our broad conversation, on a lot of these issues, also includes her thoughts on the ongoing investigation by the Fulton County (Atlanta) District Attorney into Trump's attempt to overturn the election. Butler also offers her plea for federal legislation, such as the For the People Act and the John Lewis Voting Rights Advancement Act, to help overcome the state-based attacks on voting.

The delightfully optimistic Butler then ends our discussion with an ominous warning: "This is our darkest hour," she tells me. "This is our Selma moment, and we must act.  This is not just for black people or people of color. It's for all of us, for all Americans to have equal access to the ballot. Democracy is at stake here.  So people have to understand it's not about black people voting, this is about democracy. This is the moment. We really need to be paying attention and act to get the right people elected that will preserve democracy for America."

Please tune in for today's important show...

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As usual in this country, we're dealing with the crisis all wrong. Violent domestic extremism --- domestic terrorism --- has become a public-health issue in this country, according to our guest today on The BradCast. If we treat it as such, it may not become the security problem that we're currently treating it as. We're good at law enforcement and security issues in this country. Public-health issues? Not so much. [Audio link to full show is posted below this summary.]

But, first up today, a few breaking news stories of note...

• Several news outlets this afternoon are confirming that Donald Trump's family business could face criminal charges as soon as next week. Not Trump himself --- yet --- or his family members or other employees, but the Trump Organization itself. New York Times was first to report that Manhattan District Attorney Cyrus Vance could file criminal indictments next week against the Trump Organization, based on fringe benefits given to employees, such as expensive apartments, cars and school tuition for employee family members on which taxes were not properly paid. The Trump Org's CFO Allen Weisselberg and possibly his son, who also work for the company, seem to be targeted here. Both Vance and New York Attorney General Letitia James have been investigating whether the disgraced former President committed bank and tax fraud and whether he committed campaign finance felonies with hush-money payments to two different women before the 2016 election. It's believed that prosecutors are hoping that the company's longtime financial chief, Weisselberg, will flip against his boss. These charges are likely part of that effort.

• Also today, U.S. Attorney General Merrick Garland announced the filing of a federal lawsuit against the state of Georgia over it's expansive new voter-suppression law, SB202. Seven non-profit voting and civil rights organizations have filed separate complaints (including one, filed by the Coalition for Good Governance, in which I am a named plaintiff). But the big guns of a federal lawsuit by the DOJ suggest that the Biden Administration is taking seriously the spate of new laws being adopted by GOP-controlled legislatures around the country aimed at making it harder for Americans --- specifically, minorities --- to vote. Comments from Garland and his deputies in the Voting Rights Division today, when announcing the legal action, suggest there may be more such suits against other states coming soon as well.

• Finally, before we get to our guest today, some additional information on a question we posed yesterday, as to whether rising seas due to human-caused climate change may have played a part in the tragic, deadly collapse of a 12-story high-rise condominium in Surfside, Florida near Miami Beach on Thursday. A number of experts have hinted at the possibility over the past 24 hours since our last show. One is a professor at the Florida International University’s Institute of Environment, speaking to CNN, citing the building's subsidence rate (how much it is sinking into the ground) during a study in the 1990s. And NBC News spoke to a number of experts who cited the towns along the sandy, reclaimed wetlands barrier island on which Miami Beach and Surfside stand --- an island which, we now understand, actually migrates and moves along with rising sea levels. One geologist quoted suggests that the necessity of a coastal retreat from barrier islands --- where currently $3 trillion worth of property is now located in the U.S. --- may soon be upon us. "It’s a tough conversation to have, but the building shouldn’t have been there --- along with a lot of other buildings," he says. "We’re due for a real awakening."

Next, it's on to the rise in violent domestic extremism, particularly fostered by White Supremacy in the wake of Donald Trump's presidency and the deadly, Trump-incited attack on the U.S. Capitol on January 6th. After Republicans reneged on a deal with House Democrats to form an independent, bipartisan commission to investigate the 1/6 attack, House Speaker Nancy Pelosi this week announced plans to create a House Select Committee to get to the root cause of what happened and why. During a House hearing this week, the nation's highest ranking military leader, Gen. Mark Milley, Chair of the Joint Chiefs of Staff, offered an impassioned response to criticism of interest in Critical Race Theory among military leadership, and the causes of "white rage", in which he spoke to the importance of learning "what is it that caused thousands of people to assault this building and try to overturn the Constitution of the United States of America."

Our guest today, DR. BRIAN HUGHES of American University's Polarization and Extremism Research and Innovation Lab (PERIL), suggests Pelosi and Milley and "the Biden Administration's proposal for how to tackle domestic terrorism and extremism points in the right direction." Hughes' colleague, Cynthia Miller-Idriss, also of PERIL, recently penned an op-ed at The Atlantic arguing that far-right domestic extremism has now spread into the mainstream, and must be dealt with as more than simply a security and law-enforcement issue. It is no longer a matter of tracking specific organizations, but now a matter of radicalization by individuals "who are influenced by ideas online rather than by plots hatched by group leaders in secret gatherings," Miller-Idriss posits. It is now a public-health issue, she argues, and must be dealt with by a whole-of-society approach.

"We, as a society, are incredibly militarized, we're incredibly securitized, and so the solutions that we reach to, when we have a problem, are almost inevitably securitized or militarized and  contain some element of that securitization," Hughes explains today. "Our approach to extremism and terrorism is no different.  Certainly law enforcement and intelligence have a very important role to play here.  But it can never be more than a band-aid solution. As we see now, there aren't enough band-aids in the world to deal with the violence that this country is facing.  We really have to go deeper to the root causes of these issues."

Hughes cites the Biden Administration's proposal to incorporate the Dept. of Health and Human Services and the Dept. of Education into their initiative to take on violent extremism as "really, really critical. But even more critical is allocating resources to local communities.  The more locally we can distribute the necessary training, the necessary education, and the necessary funding to address radicalization before it even starts, the fewer of those security, and law enforcement, and militarized solutions that we're going to have to come up with in the future."

As we delve into details, we discuss ways that state and local communities must take on the issue as well. (The "seven minutes of reading to improve understanding of how radical ideas spread online," which we discuss as having helped some 750 parents and caregivers in a recent study by PERIL and the Southern Poverty Law Center is posted here.) We also discuss the paradox of how coming to a collective understanding of the effects of systemic racism in the U.S., as well as actions taken by social media companies to help curb the effectiveness of propaganda and far-right radicalism, can also serve to increase the "white rage" that new policies and new ways of facing this as a public-health issue are meant to counteract.

Hughes also shares his experience in working with former extremists and the "deep, deep sense of shame" and "horror" they ultimately experience after they come to terms with having been radicalized. "It just tears families apart. It absolutely ruins relationships as surely as drugs and alcohol do. This isn't just a matter of a person becoming a jerk. This is a question of a person blowing up their own life and the lives of the people around them." All of which is just part of the reason why we must rethink our approach to the problem as one of public-health.

As Hughes concedes, none of this is "going to change overnight," but there are ways that we can start taking action right now, particularly at the local level, where he urges people to get involved with their local school systems on this matter in order to prevent the radicalization long before it begins. "Request this kind of education, request these kinds of materials. Education happens at the local level in the United States, so it's really on all of us to improve things in our local communities."

I hope you'll tune in for this fascinating and insightful conversation...

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On today's BradCast: With virtually every new voter suppression law adopted by Republicans at the state level since last November's election (there have been about 24 such laws adopted so far, in some 14 states), Democrats and voting rights advocates have been quickly filing lawsuits in opposition. One of those suits --- filed in federal court [PDF] against Georgia's SB202, the one in which I am named as a Plaintiff --- is to have its first major hearing next week. That, as Democrats in the U.S. Senate frantically scramble to get the last Democratic holdout (Joe Manchin) to come on board for federal legislation to counter at least some of the most restrictive elements of the tidal wave of new GOP anti-voting laws at the state level. [Audio link to full show is posted below.]

While the Jim Crow-style voter suppression of the new restrictions being adopted in Republican-controlled states of late have received a fair amount of attention, the provisions in those measures that would allow GOP state legislatures to take over elections --- and even overturn legitimate results --- have received less attention. Over the weekend, the New York Times highlighted, for example, how in "Georgia, members of at least 10 county election boards...At least five are people of color and most are Democrats" have been removed from their posts in recent weeks, "and they will most likely all be replaced by Republicans."

Georgia is not the only state where this is happening. Similar provisions, targeting election officials and even election results, have also been adopted or introduced in states like Kansas, Arkansas and the critical swing state of Florida. But in Georgia, they go even further to target and/or threaten the media itself for simply reporting on elections!

That's where I come in. I am the named plaintiff representing journalists in the Coalition for Good Governance (CGG) lawsuit challenging Georgia's SB202 in federal court. An emergency Motion for Preliminary Injunction [PDF] has now been filed in regard to the media-related aspects of CGG's complaint, in light of the state's impending local election runoffs scheduled for July 13th.

I'm joined once again today by longtime Election Integrity champion MARILYN MARKS, Executive Director of CGG, to discuss why the Press Freedom aspects of her group's broad challenge to the GA law --- far broader than some of the other challenges focused more on the voter suppression aspects only, as filed by the NAACP, the Democratic Party, and Stacey Abrams' Fair Fight, etc. --- have been bumped to a top priority with her filing of an expedited Motion for Preliminary Injunction.

Among the little-reported-on Press Freedoms at stake in SB202, the new law includes a Gag Rule which criminalizes the public, party-appointed monitors and the press’ reporting of absentee mail ballot processing or tabulation problems; A ban on the press Estimating (yes, estimating!) the number of absentee ballots that have been processed during an election tabulation or how many are still to be processed; SB202 even criminalizes photographing voted ballots or the 100% unverifiable touchscreen Ballot Marking Device (BMD) voting systems that voters are now forced to use at all Georgia polling places, despite the state's century-long history of routine press photography and videography of election activities inside of polling places on Election Day. (Yes, the photo used above for today's show logo, or even seeing those voters voting, can now result in felony charges in GA!)

All of these, as Marks and I discuss, are extraordinary restrictions on basic Press Freedoms, and our ability --- my ability in this case, as the named plaintiff, representing media --- to report what is going on during Georgia elections to the public. The law actually turns simply seeing one of the state's huge new touchscreen voting systems, while it's being used on Election Day, into a felony. That would apply not only to media inside a polling place, but also to poll workers, poll watchers and even voters simply waiting in line to vote.

"We are asking the court to address some of these issues before that runoff election [on July 13] happens. We are going to ask the judge to rule in favor of the press," says Marks, hoping that some other media outlets may even submit their own Amicus Briefs to the court in support of CGG's lawsuit. "Other members of the press are quite concerned about the fact that traditional photography, that they have been taking for decades, is not going to be permitted in the mail ballot processing locations," she tells me.

"It is mind-blowing," she continues. "I wouldn't be able to tell you [if I saw something wrong while serving as an observer]. All of a sudden, your reporting is going to be silenced. You would not even know that I had anything to tell you. You would just assume that, unlike in times past, that everything is going fine in Georgia."

Marks also breaks a bit of news by explaining that the Republican National Committee has now moved to intercede in this case to help defend GA Sec. of State Brad Raffensperger's position on the bill. Marks says Raffensperger "essentially insisted on these provisions. Although some of the media consider him to be some kind of a saint [because he declined to overturn the November 2020 election amid entreaties from Donald Trump to do so], this is his bill. His attorneys drafted it. He's the one that wants to crack down on any criticism coming from people like you and me, CNN, New York Times, or any other place."

"The RNC has asked to intervene in our case to protect the Secretary of State. However, interestingly, they have said they are not going to oppose us on the Observation Felony, the Gag Rule, the Estimating Ban, the Photography Ban --- so even the Republicans are not going to try to defend four of these five things that we're going after" in the Motion. A hearing is now set on that Motion for Thursday, July 1.

In addition to CGG's lawsuit challenging SB202, the group has another, separate, longstanding challenge to the state's use of 100% unverifiable touchscreen voting systems. That suit was successful in convincing the federal judge hearing it to ban GA's 20-year old Diebold touchscreen systems before last year's elections. Unfortunately, Raffensperger immediately replaced them with new touchscreen Ballot Marking Devices made by Dominion Voting Systems, which Marks describes as as bad or worse than the previous systems. That case has just now entered its discovery phase and Marks is confident that the same federal judge is quite concerned that the new systems are as insecure, unverifiable --- and, thus, as unconstitutional --- as the old ones she previously banned. A ruling in that case could affect the use of such machines in dozens of states and counties around the country, including states like Pennsylvania, North Carolina, South Carolina, Ohio, Texas and even here in Los Angeles County, where voters are now forced to vote on unverifiable touchscreen systems at polling places.

Lastly, Marks describes the exciting forum scheduled for tomorrow (Tuesday, June 22), co-sponsored by CGG and another one of our favorite non-partisan good-government watchdog groups, Free Speech for People (FSFP), on the dangers of Ballot Marking Device (BMDs) as used in Georgia and many of those other jurisdictions mentioned above. The forum, called "Today's Electronic Voting Machines: An Examination of the Use and Security of Ballot Marking Devices" is scheduled live and online from Noon to 5pm ET on Tuesday. It features a huge number of guests that have been featured over the years on 'The BradCast', including FSFP's Susan Greenhaulgh; Georgia Tech cybersecurity expert Rich DeMillo; notorious University of Michigan white-hat hacker, J. Alex Halderman; Research expert Kevin Skoglund; UC Berkley's Philip Stark, inventor of the post-election Risk Limiting Audit protocol; the legendary Finish cyberseucrity and voting systems expert Harri Hursti, and many others.

Much more info and the schedule is available here. You can RSVP to participate in the event right here.

Finally, Democrats are teeing up a test vote on Tuesday in the U.S. Senate for their sweeping election and campaign finance reform bill, the For the People Act, now that West Virginia Democrat Joe Manchin has suggested he may be willing to support a compromise version with the 49 other Senate Democrats who have all already signed on to the original bill as co-sponsors. White House Press Secretary Jen Psaki was asked today about President Biden's expectations for that bill and its test vote today, and on the need to reform the filibuster even if Manchin deigns to come aboard. If he does, he would also have to be willing to make changes to the filibuster rule that mandates 60 Senators support such measures, in order to see passage, since no Republicans are expected to support it. But he is not the only Democrat who has opposed long-overdue changes to the filibuster. Arizona's Kyrsten Sinema has also vowed to protect the anti-democratic, Jim Crow-era Senate rule. And now she is being targeted with a huge ad buy for that position, to ratchet up the pressure, by a group of progressives who are running spots in her home state on cable news, as well as during local news and sports programming.

Yes, the fight to save American democracy continues on today's BradCast...because it seems kind of important...

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The news just isn't slowing down in these "slow news days of summer". At least not on today's BradCast. But at least much of that news is actually good, including more progress today toward protecting democracy in the U.S., as per the shifting whims of Lord and Senator Joe Manchin. [Audio link to full program follows below this summary.]

Among the many stories covered on today's news-chocked program...

• Who says Congress can't move something quickly when they want to? Juneteenth, commemorating the end of slavery in the U.S. in 1865 --- albeit at least two and a half years after it was supposed to have ended with the Emancipation Proclamation, is now an official federal holiday. President Biden signed the new law for our nation's 12th federal holiday on Thursday, after the U.S. House overwhelmingly adopted the measure on Wednesday (with all but 14 shameful, white, male Republicans voting in favor), after unanimous passage in the U.S. Senate on Tuesday. Since June 19thfalls on a Saturday this year, the new holiday will officially be observed tomorrow! That was fast! See? Congress CAN move quickly when they try! Unless you consider the hundreds of years of slavery in this country and the more than 150 years it took for a holiday to commemorate its final end. Never mind that comment earlier about Congress moving "quickly."

• The latest attempt by shameful white, male Republicans to kill the popular Affordable Care Act (better known as ObamaCare) was rejected by the U.S. Supreme Court today. The law has helped tens of millions of Americans obtain access to heath care, and hundreds of millions more Americans by, among other things, making it unlawful for insurance companies to reject customers due to pre-existing conditions. The stupid attempt by a bunch of GOP-Controlled states to find the entire bill unconstitutional was rejected by SCOTUS today with a 7 to 2 vote, after finding the states represented by white, male Republicans were not harmed by the law and, therefore, had no standing to challenge it. That, after a series of white, male Republican lower court judges had used a ridiculous claim made by the GOP states --- and countered by the actions of REPUBLICANS in Congress themselves(!) --- to strike down the entirely of the landmark 2010 law as unconstitutional. We explain how this third attempt to have SCOTUS do what Congress would not, has gone down, yet again, in flames.

• The Supremes on the Republicans' stolen and packed high court did, however, approve discrimination against same-sex couples by a Philadelphia group called Catholic Social Services, which refuses to consider such couples when placing children in foster care homes. All of the Justices appointed by Democrats also joined this unanimous, if fractured decision which LGBTQ and civil rights groups are both disappointed by and breathing a sigh of relief after, conceding that the Court's ruling could have been much MUCH worse. We explain that ruling as well today.

• Meanwhile, the fight to pass federal voting rights protections to counter new GOP voter-suppression laws at the state level moved one small step forward again today. Yesterday, West Virginia Democrat Joe Manchin --- the only Dem in the Senate who is not a co-sponsor of the sweeping election and campaign reform bill known as the For the People Act (even though he co-sponsored the same legislation in 2019) --- offered a compromise proposal [PDF] for the bill that he recently declared that he opposed. As we discussed on yesterday's show, his compromise proposal is not horrible and Dems should work quickly to get some version of it to a floor vote! UC-Irvine's election law expert Rick Hasen last night penned a column at Slate which sounded almost exactly like our coverage yesterday, urging Dems to leap at this opportunity, with his first paragraph arguing: "Democrats should grab the deal, even though it is not perfect, is still unlikely to pass, and doesn’t yet address the greatest threat in upcoming elections: the danger of election subversion."

  As we discuss today, the original For the People Act, already passed by the House, doesn't "address...the danger of election subversion" either, as that danger is being baked into GOP voter suppression bills around the country, allowing Republican state Legislatures to reverse election results for virtually any reason they like. We explain why Hasen's argument --- at least on that one narrow point --- is a bit misleading, while he is otherwise right on the money.

  At the same time, Georgia's voting rights champion Stacey Abrams has also come out in favor of Manchin's compromise proposal and speaks, as we did yesterday, to the concerns that some may have about Manchin's inclusion of a "Voter ID" provision. She explains, as we did, that his provision on Voter ID is not really a huge concern --- as some Dems and/or voting rights advocates may view it --- in that Manchin's proposal allows other means for voters to identify themselves beyond a strict, small, very limited list of acceptable Photo IDs. He cites, for example, "utility bill, etc." as acceptable means of identification to vote, in line with the already-existing rules in a majority of states. Such reasonable requirements that do not prevent voters from voting are a far cry from the strict Photo ID restrictions adopted by some GOP states meant not to prevent fraud, but to prevent voting (by certain people who may lack the specific type of ID that Republicans are purposely requiring in hopes of disenfranchising them.)

  Of course, even if all 50 Senate Dems come to an agreement on a version of For the People that they can accept, it would still require 10 Republicans coming on board in the Senate to defeat a GOP filibuster. As that remains a virtual impossibility, reform of the filibuster would still be needed for passage of this bill, and, unfortunately Manchin leads the opposition on that as well. However, as a recording of a Zoom teleconference with the so-called "centrist" group No Labels (actually a big money conservative Dem and moderate-ish Republican business group) reveals, Manchin is not quite as against filibuster reform as he has made out publicly, at least when he is not speaking to big money business donors. Lee Fang and Ryan Grim from The Intercept obtained audio from that Zoom session, wherein Manchin suggests his potential openness to lowering the filibuster threshold from 60 to 55, or to force a 41 person minority to stand up and make their case against a bill they oppose and explain what they object to, rather than require those in favor of the bill to come up with 60 votes.

  Again, more progress. Too slow, to be sure --- especially with the dangers of the 2022 mid-terms looming --- but progress nonetheless, which those claiming to be progressives should certainly be in favor of!

• Finally, Desi Doyen joins us for our latest Green News Report which, like the rest of today's show, is simply chocked full of news, both good and bad, as the fight against our ongoing climate emergency continues...

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