It may be April Fools Day, but its no joke that we are back on today's BradCast after a half-planned, half-doctor-advised Spring Break week off! [Audio link to full show follows this summary.]

Before we left, it seemed like last week might prove to be a slow news week, with Congress on vacation, no primary elections last Tuesday and Trump's New York felony hush-money trial postponed a few weeks until this month.

Boy were we wrong about that. Last week was anything but a slow news week, and we've got the headlines today to prove it! To add some actual context, depth and insight to those headlines --- and to hold my hand after I'd been trying to look away for the past week --- we're joined by two old friends, though only one who you may have heard on this program before.

Our friend known mostly as 'DRIFTGLASS' is back with us again today. He is co-host, along with his wife, of The Professional Left podcast recorded each week from "Flyover Country, Illinois." He is also, today, celebrating his 19th blogiversary at the Driftglass blog, so we're honored he agreed to spend it with us!

And, as if that's not swell enough, his Pro Left Pod co-hosting wife, FRANCES LANGUM, who is also a longtime Associate Editor over at the Crooks & Liars blog, joins us as well today for a romping, rollicking, breathless review of much that we missed last week and why most of it still matters this week!

Among the huge number of topics from last week covered on today's program...

• Rep. Marjorie Taylor Greene (R-GA)'s vow to call for removing House Speaker Mike Johnson for his daring to work with Democrats to keep the government from shutting down by passing a long-delayed 2024 spending bill just over a week ago.

• The failed attempted conspiracy theories forwarded by Russia and its supporters following the horrific massacre by ISIS-K at a concert venue in Moscow a week ago Sunday.

• Donald Trump's failure to cough up a $454 million bond during the appeal of his New York civil fraud case and the various lifelines thrown to him (for now) by the Appeals Court in NY.

• Trump's scammy, just-in-time merger of his failing social media site with a public company that could result in billions of dollars --- including "straight-up bribery" as Driftglass describes it --- for the disgraced former President.

• Trump's New York criminal trial on 34 felony charges related to hush-money payments to porn-star Stormy Daniels to help him win the 2016 Presidential election is now set to begin on April 15. And, as Fran believes, Trump "will do anything to make the evidence that's going to appear in this case not come to trial." Including, she argues, even if he must "spend two or three nights in jail, violating the gag orders, in order to make this case not happen."

• What the Biden Administration's decision last week to abstain from a U.N. Security Council resolution demanding a ceasefire in Gaza may mean for Israel and for some on the Left in the U.S. And why, if you don't like what Israel is doing, Fran advises: "Don't elect Bibi Netanyahu President of the United States --- which is what Trump is."

• Why NBC News' ill-considered hiring and then firing of former RNC Chair and attempted election thief Ronna Romney McDaniel matters.

• What Arizona's failed 2022 Republican Gubernatorial candidate and election liar turned 2024 Senate candidate Kari Lake's decision not to contest the claims in an election fraud defamation lawsuit filed against her by Maricopa County's Republican County Recorder (and chief election official) Stephen Richer means and how Lake is hoping to be saved --- somehow --- by a victorious Trump this year. (We wish her the best of luck with that.)

• The remarkable, 25-point Special Election victory last week by Democrat Marilyn Lands in Alabama who focused her campaign on reproductive rights and subsequently flipped a state legislative seat from "red" to "blue" after losing her race for that same seat by 7 points in the 2022 general election. What will a post-Dobbs, post-IVF general election look like in supposedly "deep red" AL and elsewhere this November?

• The desperate-for-quick-cash former President and huckster-in-chief is now selling bibles for $59.99 a piece. Though, to be fair, this version also includes the U.S. Constitution. Has Donald Trump ever read either of them? Says Driftglass today: "Good thing he did this to raise money to pay for the court costs of paying off a [porn star] that he was sleeping with while his wife was nursing their child. So the circle of absolute blasphemy is now complete."

• Joe Lieberman died last week.

• Independent 2024 Presidential candidate Robert F. Kennedy, Jr., currently on the ballot in 8 states, thrilled dozens with his announcement of his running mate last week, the former wife of one of Google's founders, Nicole Shanahan. Or, as Driftglass describes her, "a big bag of money who is as crazy as he is".

That's just some of the firehose of news from both last week and this that we cover in today's very lively BradCast...

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IN TODAY'S RADIO REPORT: Summer of Extremes --- Heat and floods strike simultaneously across the Northern Hemisphere; Corporate media mostly ignores climate change in extreme weather disaster coverage; PLUS: Another major insurer ditches Florida in the middle of hurricane season... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): For those who live and work outside, there is little escape from deadly heat; Wildfires tear through towns in Greece as thousands flee seaside resorts; In Phoenix, heat becomes a brutal test of endurance; How big is the solar PV waste stream, really?; John Kerry hails China's 'incredible' job on renewables, warns on coal; Scientists concerned over impact of rising Florida water temps on corals; Fossil fuel workers are dying inhaling gases, despite U.S. warnings to Big Oil; 9th Circuit denies bid by greens and tribes to block Nevada lithium mine
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The only good day in court this week for rightwing extremist yutzes was at the U.S. Supreme Court today, unfortunately. Other than that, as detailed on today's BradCast, it's not going well for them. [Audio link to full show follows this summary.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast: Maybe now Jack Smith will start investigating the multi-state criminal plot by MAGA conspiracists to breach voting system software? Now that we know the unlawful scheme actually began in Donald Trump's Oval Office, as overseen by Trump himself, back in December of 2020? [Audio link to full show follows below.]

We have been reporting on the unlawful, criminal breaches of sensitive voting and tabulation system software by MAGA rightwingers following the 2020 election for nearly two years at this point. Most notably, we've focused most closely on the incident that occurred in the rural, right-leaning Coffee County, Georgia, where local GOP Board of Election members, County Commissioners and Republican Party officials allowed outsiders organized and funded by Trump lawyer Sidney Powell, to come in to the elections office to make illicit copies of the County's sensitive, proprietary election management software made by Dominion Voting Systems. The software in rural Coffee County also happens to be the exact same software that is used across the entire battleground state, thanks to the insistence of Republican Sec. of State Brad Raffensperger.

We first learned about the Coffee County breach last year, thanks to Marilyn Marks, founder of Coalition for Good Governance, which has a long-running federal lawsuit against the state, seeking to the ban the use of Raffensperger's 100% unverifiable touchscreen voting systems made by Dominion. She received a bizarre phone call --- which we previously aired on this program --- from an Atlanta-area businessman named Scott Hall, essentially confessing to the unlawful breach in Coffee County on January 7, 2021. He thought Marks was a fellow MAGA traveler. She wasn't. She is a non-partisan election integrity advocate. A real one.

Since that breach, which included the participation of folks like Doug Logan of Cyber Ninjas (the clowns who ran that phony audit of the 2020 Presidential election in Phoenix, Arizona in 2021), was revealed, thanks to Marks' ongoing civil lawsuit, Sec. Raffensperger seems to have been working very hard to cover the entire thing up and, according to our guest today, DoJ Special Counsel Jack Smith does not appear to be investigating.

Hopefully, that may have changed as of Friday, when two major media outlets ran scoops based on a new letter [PDF] sent by our guest today, SUSAN GREENHALGH of Free Speech for People, to U.S. Attorney General Merrick Garland, Special Counsel Jack Smith and FBI Director Christopher Wray.

First, CNN reported Friday morning that text messages obtained via Marks' lawsuit revealed two of the software breaching Trump operatives discussed whether to somehow use information gleaned from their unlawful actions to try and prevent the certification of Democratic U.S. Senator Jon Ossoff's January 5th, 2021 U.S. Senate runoff victory over Republican David Purdue, or whether they should "hold it for a bigger moment."

Then, later on Friday, the New York Times ran a report detailing Greenhalgh's discovery that the plot to breach voting system software in several states --- which we already knew had been organized and funded by Powell --- was actually hatched during the infamous "crazy" meeting in the Oval Office on December 18, 2020. That, based on testimony to the House January 6 Committee that Greenhalgh documented from several Trump aides who were in the room where it happened that night. Attendees at the meeting included Powell, Rudy Giuliani, Michael Flynn, former Overstock.com CEO (and plot funder) Patrick Byrne, Chief of Staff Mark Meadows and others. It went on for hours and was presided over by Donald Trump himself.

So, maybe Smith or Garland or Wray will be interested in investigating the multi-state conspiracy plot now?!

Greenhalgh explains that cybersecurity experts are concerned that the stolen software "can be used in disinformation campaigns, which we are already seeing happen. It could be used to fabricate evidence." She notes that "in 2020 when all those [Trump] lawsuits failed, it was because there wasn't any real or credible evidence. But software is mutable. You can play around with it. Could this be used to try and fabricate some false evidence to say, 'Look, this is what we found on some voting machines and look they stole the election?'"

"Most ominously," she warns, the software could be used to "to develop and tailor malware that could be deployed to actually start stealing votes, in the very way that we had people arguing was done in the 2020 election --- but now it's coming from the very same people that actually made those outrageous and baseless claims. Now [they] have the ammunition and basically the keys to the vault that could enable them to do much more nefarious things like actually hack an election."

So, why hasn't this been investigated by the Feds before now, as a response sent by the FBI to Greenhalgh in January [PDF] indicates, claiming the Bureau can only investigate after "a formal request for assistance" by "local authorities"? Why does GA Sec. of State Raffensperger, wrongly viewed as a hero for not stealing the 2020 election for Trump, seem to be working so very hard to cover up what happened in Coffee County? Why have corporate media been so reticent to dig into the story? Why have Greenhalgh and Marks had to do the bulk of the heavy lifting to even get us to this point? Why haven't members of Congress jumped in to demand a proper probe at the federal level? And will a proper federal probe finally happen now that the matter has found its way smack dab into Smith's purview by landing, via the New York Times, in Trump's Oval Office? (All thanks, of course, to the indefatigable work of Susan, Marilyn and their nonprofit organizations!)

"There's a lot more to this story to report," Greenhalgh insists. "As you know, it's still just the tip of the iceberg and there's a lot more information underneath that can still be reported. Greenhalgh's February follow-up letter to the FBI's response [PDF], for example, notes that, contrary to the assertion from R. Joseph Rothrock, Chief of the FBI's Public Corruption and Civil Rights Section, the Georgia State Elections Board says that it has, in fact, "requested assistance from the FBI." That, according to a public statement from its Chair in September of 2022

Tune in for answers to all of the above questions and many others on today's BradCast, which also includes some cameo call-ins from both Marks (who suggests listeners contact their U.S. Senators to ask them to demand a DoJ probe) and GA election integrity advocate Jeanne Dufort!...

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It's another crazy day in MAGA Land on today's BradCast, as Accountability Season gets a very good start even before the 2022's Election Season fully wraps up. [Audio link to full show is posted below this summary.]

Among our stories today from Accountability Season...

• BREAKING at the top of today's program: Stewart Rhodes, founder of the far-right Oath Keepers clan (and former BradCast guest!) is found guilty of seditious conspiracy for his involvement in the January 6, 2021 insurrection at the U.S. Capitol. Fellow Oath Keeper Kelly Meggs was found guilty as well. Both now face as much as 20 years in prison on the sedition charges alone. They, and others, were also charged with Obstruction of an Official Proceeding and more. Perhaps our former President who inspired them should begin to be concerned.

• Speaking of the former guy... Earlier this month, Kremlin-linked Russian businessman Yevgeny Prigozhin, known as "Putin's Chef", boasted on social media that "we have interfered, are interfering and will interfere" with U.S. elections. "Carefully, precisely, surgically and in our own way, as we know how to do." A week or two later, longtime GOP operative Jesse Benton --- who worked for Ron Paul, Rand Paul, Mitch McConnell and Donald Trump, among others --- was found guilty on six counts related to money laundering some $100,000 for another Russian businessman before the 2016 election. He was charged with helping to funnel money to both the Trump campaign and RNC that year. As it happens, both Benton and seditious conspirator Rhodes both got their start in politics working as aides for Rep. Ron Paul. Benton is now married to Paul's granddaughter. He was charged last year (along with yet another BradCast guest --- who died shortly after being charged) just months after Trump had pardoned Benton for separate charges against him regarding campaign finance violations and bribery during the 2012 election. We 'splain the full sordid story and Russian collusion along with wistful memories of Tibetan monks and nuns and Al Gore from back in the day when Republicans used to pretend to care about unlawful campaign donations from foreign sources.

And from Election Season...

• Welp, the days are getting crazier and crazier in Arizona. On Monday, the deadline for counties there to certify election results before the state certifies all results next Monday, the Board of Supervisors in Cochise County voted against doing so. They claim they will reconsider the matter on Friday. That, despite any evidence of fraud or voting system failure in the Republican-leaning county. Katie Hobbs, the state's Democratic Sec. of State and apparent Governor-elect, quickly went to court yesterday in an attempt to force Cochise to certify their result as, she argues, they are required by law. If they don't, all of the county's voters may be disenfranchised and the results of at least one U.S. House race would flip from Republican to Democratic, along with the statewide contest for Superintendent of Public Instruction. Moreover, any remaining chance for Abe Hamadeh, the GOP candidate running for Attorney General, to overcome his current 510-vote deficit against Democrat Kris Mayes, would almost certainly be gone. As the Arizona Republic's EJ Montini snarks today, if Hobbs was gaming the system to somehow help state Dems this year, as MAGA Republicans baselessly claim, "she really, really stinks at cheating"!

• Meanwhile, Georgia voters are proving to be really, really good at early voting. They shattered all-time records for doing so on Sunday and again on Monday of this week, outpacing both Presidential and other general elections alike in the state's current runoff election between Sen. Raphael Warnock (D) and Herschel Walker (R) for \ U.S. Senate. The big turnout could be a good sign for Democrats, though that's not certain. The long wait times it is causing for many voters around the Peach State, however, is a certain disgrace. (More on all of that, I hope, on tomorrow's show.)

And in other matters...

• A bipartisan "Respect for Marriage" bill has been passed by the lame duck U.S. Senate to protect same-sex marriages following corrupt U.S. Supreme Court Justice Clarence Thomas' recent opinion with the overturning of Roe v. Wade arguing that marriage equality should be one of the next rights stolen by the Court from the American people.

• And finally, Desi Doyen joins us for our first Green News Report since returning from Thanksgiving break with a whole lotta important environmental news to catch up on from while we were gone...

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We're back for today's BradCast after some much-needed down time last week over the holiday when we tried to look the other way for a few minutes. We've got a lot of catching up to do.

Among the stories we try to catch up with today...

• MyPillow CEO and conspiracy theorist, Mike Lindell, now says he wants to become the Republican National Committee's new chair! Sounds like a perfect fit!

• The independent Special Counsel appears to be wasting no time. Even on a holiday. Prosecutor Jack Smith, recently tapped by Attorney General Merrick Garland to oversee two Trump-related criminal probes by the Dept. of Justice --- on the January 6th insurrection and the classified documents stolen by the former President upon leaving office --- jumped into the documents case on Thanksgiving Day. While we were eating turkey, Smith was filing a one paragraph argument with the 11th Circuit Court of Appeals calling out Trump's attorneys for lying during a hearing earlier in the week. That hearing didn't go well for Team Trump, despite being heard by two Trump-appointed federal judges and one appointed by George W. Bush. Smith did not make things any better for them. We explain.

• Two Trump-backed candidates in Alaska were each declared losers in the U.S. House [PDF] and U.S. Senate [PDF] races last week after weeks of counting in the state's Ranked Choice Voting midterm elections. Democrat Mary Peltola will fill the seat in the U.S. House previously held by the late Rep. Don Young, a Republican who occupied the state's only House seat for nearly 50 years. She defeated the failed former President's choice, the state's failed former Governor and Vice Presidential candidate Sarah Palin, as well as two other candidates. And, moderate Republican Sen. Lisa Murkowski, who voted to remove Trump from office during his second impeachment trial last year, was declared to have defeated Trump-endorsed GOP challenger Kelly Tshibaka. Dems will hold a narrow majority in the Senate next year no matter how the U.S. Senate runoff in Georgia between Sen. Raphael Warnock (D) and Trump-endorsed Herschel Walker (R) works out next Tuesday. But, if yet another candidate supported by the disgraced former President crashes and burns next week too, the extra seat in the upper chamber could make a huge difference for Democrats.

• Meanwhile, in Arizona, former TV news anchor and Trumpette, Kari Lake, is still pretending that she must have won the Governor's election. All of the available evidence suggests Democratic Sec. of State Katie Hobbs was the winner, albeit by less than one percent. The narrow margin, however, is just a bit higher than the trigger for a statewide recount. So, Lake is now suing the Republicans who run Maricopa County (Phoenix), on the basis that the County's print-on-demand ballot system prevented voters from voting. It didn't. Though some GOP voters reportedly chose not to cast their ballots after being told the precinct-based scanners couldn't read the hand-marked paper ballots printed at a number of the County's voting centers. Those ballots were placed into a locked box and scanned back at County HQ. On Monday, the County certified their results, and the usual parade of deplorables issued threats to the officials for doing so. The state is scheduled to certify results next week, which will be followed by a recount in the incredibly tight Attorney General contest. It is currently led by Democratic candidate Kris Mayes over Trump-endorsed Abe Hamadeh who trails by just 510 votes out of more than 2.5 million cast in the state's November midterms.

• Meanwhile, the world's largest volcano, Mauna Loa, is erupting again in Hawaii...for the first time in nearly 40 years.

• Finally, we open the phone lines today for a bit of a "reverse BradCast," where callers ring in with stuff they want me and/or the world to know about. Among the topics raised by callers: Israel, Julian Assange, accountability for Don Jr. and Eric, democracy beyond elections, and more...

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On today's Midterm Elections Day 2022 BradCast: Unspooling the media's midterm mess and the high price of failed computerized voting and tabulation systems in several states.

Among the many stories covered today as voters across the nation headed to the polls...

• What is the possible connection between today's otherwise much-needed downpours in both Northern and Southern California and potential partisan control of the U.S. House? We 'splain!

• Major corporate media outlets have done another irresponsible job in their coverage of this year's midterms, particularly in their bizarre Doomsday-for-Dems coverage in recent weeks. While Tuesday's elections certainly could prove to be a "red" wave for Republicans --- after all, conventional wisdom (which we've been advising you to ignore all year) would certainly predict as much --- a fair reading of both pre-election polling and other available early voting data, suggests Dem strength could be greater than most outlets have been reporting. Some are even ignoring their own polling numbers to report a coming apocalypse for Dems. (Also: Compare and contrast NYT's front pages from day before the midterms in 2018, when Dems picked up 41 seats in the House, with the day before this week's midterms.) Of course, the polls are tight enough that a minor polling error in either direction could lead to either a "red" or "blue" wave, or simply a maddeningly close contest all around. But the problem is, the doom and gloom reporting can either become a self-fulfilling prophecy by depressing Dem turnout or, more dangerously, yet another misleading basis for Republicans to falsely declare "FRAUD!" in the event that Dems do better than expected on Tuesday night. Either scenario suggests another mainstream corporate media failure in 2022. We 'splain that too.

• Donald Trump big footed Ohio's Republican U.S. Senate candidate J.D. Vance at his rally on Monday night by announcing that he's got a big announcement coming next week. Reportedly, Republican officials had to beg Trump to not declare his candidacy to run again for President before today's midterms. He wanted to do it last night. Of course, facing as many legal perils all at once as he now is, I'd want to try and change the subject as quickly as possible too. It won't work.

• A tale of two voting system failures. In Mercer County, New Jersey today, hand-marked paper ballot optical scanners used across the county and made by Dominion failed to work. Luckily, they are one of only two counties in the state that offer voters hand-marked paper ballots. So, voters were instructed instead to place their ballots into the scanning system's locked box to be tabulated later at County headquarters. Voters did so. Voting continued. Life went on. Everything was fine. Meanwhile, at a bunch of polling sites in Maricopa County (Phoenix), Arizona, the scanners, also made by Dominion, were failing as well. Instead of following the same procedure to vote and place their ballot in the box to be scanned later, the wingnuts went crazy. Howls of "FRAUD!" followed, with demands to recall the County's Republican election officials and for paper ballots to be used from now on! (Someone please let GA's lunkhead Rep. Marjorie Taylor Greene know that Maricopa already uses paper ballots.) Sigh. This in a county where Reuters reported over the weekend that elections officials faced more than 100 threats in the lead up to today's elections, including calls to "kill them all" and worse. (The reason eventually discovered for the scanner failures in Maricopa was pretty mundane).

• Meanwhile, actual voter disenfranchisement took place for hours in Harris County (Houston), Texas, on Tuesday morning, thanks to the fact that, like much of the Lone Star state, they don't allow voters to use verifiable hand-mark paper ballots at the polls. Instead, after a poll worker quit before today's Election Day, touchscreen voting systems made by Hart Intercivic were not properly set up until four hours after polls opened in a heavily-Hispanic part of the heavily-Democratic County. An unknown number of voters were turned away, unable to vote. Marjorie Taylor Greene has yet to say a word about it.

• Finally, Desi Doyen joins us for our latest Green News Report, as the U.N.'s big COP27 climate conference kicks of in Egypt; a new report finds major glaciers will soon disappear entirely; and a late-season hurricane spins up and takes aims at Florida's east coast...

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As noted on today's BradCast, we generally cover the track conditions of our elections more than the actual horse races. We do so again today. But, as it turns out, Dems have put up some pretty good horses this year. We cover a couple of them today as well. [Audio link to full show is posted below this summary.]

First, track conditions...

The corrupt, stolen and packed rightwing U.S. Supreme Court majority on Tuesday overturned an appeals court ruling which had found that both the landmark Civil Rights Act of 1964 and Pennsylvania law mandates that legitimately voted ballots may not be invalidated due to minor errors that are "immaterial" to determining voter qualification. In this case, the question was about absentee ballots where voters had forgotten to fill in the date on the ballot's outer envelope. The activists on SCOTUS, however, held today that such ballots may not be counted this November, despite the Civil Rights Act provision that previously ended the Jim Crow era's use of immaterial errors to invalidate perfectly legitimate votes.

Also, FBI officials say they have identified no credible threats to U.S. election systems this year, despite efforts by some foreign adversaries, including Russia, to sow doubt about fraud. But do these officials understand the actual threats now posed to our non-transparent, easily manipulated and error-prone computerized voting and tabulation systems? Do they appreciate the increased threat level thanks to recent breaches of election management systems by MAGA conspiracy theorists in several states following the former President's false claims of fraud?

While the Trump-appointed FBI Director Christopher Wray seems to falsely suggest there are similar domestic threats of violence from "both sides" following the 2020 election and the SCOTUS ruling on Roe v. Wade, the federal Elections Threat Task Force, launched last year by the Dept. of Justice, seems to finally be taking at least some action in response to the thousands of violent threats made by rightwingers against election officials and poll workers following the last Presidential election.

Next, horse races...

During a U.S. Senate debate in Ohio on Monday night, Democratic candidate Rep. Tim Ryan called out his Republican opponent, author J.D. Vance, for running a fake non-profit charity to support opioid addicts; defending January 6 insurrectionists; and for giving up his "dignity" to Trump who said about Vance at a recent rally in Youngstown: "All you do is kiss my ass to get my support," before Vance went on to pose for pictures with the disgraced former President. "Ohio needs an ass-kicker, not an ass-kisser," said Ryan in response.

In Wisconsin's U.S.. Senate race, Democratic Lt. Gov. Mandela Barnes was similarly ass-kicking in his debate against incumbent Republican Sen. Ron Johnson. Barnes called out the Badger State GOPer for supporting the January 6 insurrection while claiming to support police, despite the serious injuries to more than 140 law enforcement officials that day. Barnes also made clear he would vote to codify the rights of Roe v. Wade into federal law, and made a very impressive showing against Johnson.

Both races are currently neck and neck, and are among at least five Senate races this year (along with Pennsylvania, North Carolina and even Florida) where Dems have real shots at flipping currently GOP-held seats from "red" to "blue". That, by way of contrast with Republicans who are looking at just two states (Nevada and Georgia), where they stand any real chance, generally speaking, of flipping a Senate seat from "blue" to "red" this year --- at least if you have any confidence in this year's pre-election polling.

Finally...

Desi Doyen joins us for our latest Green News Report, underscoring, yet again, the stakes of this year's critical midterms following the devastation of Hurricane Ian in Florida; consequences of our worsening climate crisis around the world; and the Governor of California's new effort to hold Big Oil accountable for price gouging...

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We were on this story very early. Happily, more and more of the corporate media are finally covering it. But they still do not seem to be fully grasping --- or, at least, reporting on --- what now appears to be Georgia's Republican Secretary of State Brad Raffensperger clearly covering up election related crimes carried out by Team Trump and the MAGA crowd. We've got new evidence to support that charge on today's BradCast, as Raffensperger runs against Democrat Bee Nguyen for re-election this fall, hoping to win the MAGA vote after previously refusing to help them steal the 2020 Presidential election. [Audio link to full show is posted below this summary.]

But first today, an update on the record heat wave still lashing much of the U.S. West for a second week. On Tuesday, amid record temps (the state's capital city topped out at 116 degrees!) electricity demand surged along with the possibility of blackouts in California. But, following a cell phone warning from public officials, state residents answered the call to reduce usage. Demand reportedly plunged in response. Blackouts averted. For now.

It may take a hurricane to end this seemingly endless heat wave (it's also of record duration) by week's end, even as "extremely critical" warnings of wildfire risks are issued in almost a dozen states from the U.S. Northwest to the upper Great Plains. Record temps and wind gusts of up to 60 miles per hour could slam several states this week amid tinder-dry conditions that could spark uncontrollable new fires. Some 54 million people are currently under heat warnings and advisories as our climate emergency worsens in late summer.

Meanwhile...on the other side of the nation, Massachusetts' Democratic Attorney General Maura Healey will face Trump-backed, election denying, abortion opponent Geoff Diehl in this November's race for Governor, as moderate Republican Gov. Charlie Baker has opted against seeking a third term in the otherwise very liberal state. That's one of several general election contests determined by voters during Tuesday's primaries in the commonwealth. Tune in for more noteworthy results ahead of next week's final primaries of the season in Delaware, New Hampshire and Rhode Island.

Then, yup, we're going back to Georgia...

Back in May, we broke the story of what appeared to be a very serious breach of voting system security in Georgia's rural, Republican-leaning Coffee County. The news was based on a recorded phone call from one of the participants in the breach, seemingly confessing to the crime or bragging about funding the scheme to make unlawful copies of Dominion Voting System's sensitive Election Management Software following the 2020 election. The call, from Atlanta businessman Scott Hall, was recorded by the plaintiff in a long-running lawsuit against GA Sec. of State Brad Raffensperger, seeking to force the state to move from 100% unverifiable touchscreen voting systems to verifiable hand-marked paper ballots.

That plaintiff was MARILYN MARKS, our guest once again today. She is a longtime election integrity champion and founder of the nonpartisan, nonprofit Coalition for Good Governance. After sharing that recorded phone call in May, she also joined us in June, after claims by Raffensperger that his office had been investigating the security breach at the Coffee County Board of Elections. In fact, as Marks noted at the time, she had been able to find no evidence whatsoever of an official probe by the Secretary's office into what we have now learned was part of a multi-state coordinated effort shepherded by Trump attorney Sidney Powell to make copies of voting systems software in Georgia, Michigan, Colorado and Nevada.

In at least the first three of those states, we now have evidence of MAGA sympathizers unlawfully creating hard drive images of voting systems, which were later released in various, dangerous ways to the public. As Marks points out today, law enforcement officials and Democratic Secretaries of State in Michigan and Colorado are carrying out serious criminal probes into the matter. Tina Peters, a Republican County Clerk in Mesa, Colorado, for example, has already been indicted on 10 criminal counts related to illegal hard drive copies. In Georgia, however, Raffensperger's office has either lied about their investigation or otherwise covered-up the entire matter.

That cover-up has now become considerably more difficult for Raffensperger, thanks to security camera surveillance footage subpoenaed by Marks in her federal lawsuit. On Wednesday, Washington Post, CNN and AP all ran detailed investigative stories on the Team Trump characters seen on video tape entering the Coffee County Board of Elections office on January 7, 2021 (the day after the insurrection at the U.S. Capitol), to scan and image hard drives and ballots. That, after several of those folks --- including the Chairs of both the Board of Elections and the County Republican Party --- appear to have lied about their involvement in the scheme during depositions in Marks' lawsuit.

Also discovered from that footage: Doug Logan, the CEO of the now-defunct Cyber Ninjas --- the outfit that ran the phony "audit" in Maricopa County, Arizona after the 2020 election, ultimately confirming that Joe Biden defeated Donald Trump in the state --- is seen entering the Coffee County Board of Elections over several different days, for hours at a time, for reasons still unknown.

Raffensperger's office, of course, could have obtained that security camera footage themselves at any time over the past year and a half, if they were really investigating this very serious breach. (Marks explains on today's show why it's so serious in advance of both 2022 and 2024!) And, while AP recently reported that Ryan Germany, the general counsel for the Secretary of State's office, claimed the office had opened an investigation into the matter in March this year, Raffensperger's top deputy, Gabe Sterling, appeared on a "Restoring Confidence in American Elections" panel at the Carter Center in Atlanta in April and denied anything happened in Coffee at all!

"We have claims, even recently, there was people saying 'We went to Coffee County and we imaged everything,'" Sterling said. "There's no evidence of that. It didn't happen."

Well, thanks to the newly obtained surveillance footage, we know Sterling was wrong. It did happen. And, surely Sterling would have known that by April, given that his office claimed to have begun their investigation a month earlier. Was he lying? Or did Raffensperger's top lieutenant just not know? "We do know he was not telling the truth," Marks politely notes today.

As to whether Raffensperger is carrying out a cover-up, she tells us, "It certainly doesn't look like a sincere effort to have a diligent investigation." She compares the situation to what's going on in Michigan and Colorado. "The Attorneys General and the state election officials went after the perpetrators who did that," Marks explains. "There's a special prosecutor with nine targets [in Michigan,] five of them are involved in Georgia. But none of them have been interviewed in Georgia." She charges that in Georgia, Raffensperger "does not seem to want to know --- the Secretary and the State Election Board --- neither seem to be terribly interested."

Oh, and at least one more critical point today: Raffensperger's office has finally opened some sort of investigation. How do we know? Because they have issued at least one subpoena in the matter...to Marilyn Marks!

She explains that and much more in our conversation today as the Coffee County Cover-Up continues to be uncovered, thanks to her.

Finally today, a step or two closer to at least some real accountability for Team Trump. Last week, former Trump aide Steve Bannon's motion for a new trial, after being convicted of two counts of Contempt of Congress, for failing to respond to a lawful subpoena from the House J6 Committee, was rejected by the judge. His sentencing is now scheduled for October 21.

And, more bad news for Bannon. On Wednesday, several media outlets are reporting that he has been indicted on fraud charges in New York, related to stealing at least a million dollars from the "We Build the Wall" scheme, which raised $25 million to build a bit of barrier on the U.S./Mexico border. He was charged federally for the same crime before being pardoned for it by Trump. He will reportedly turned himself over to authorities in Manhattan on Thursday, as the indictment is unsealed...

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Look at the faces in that photo. Those are the faces of people grappling to understand a profound truth that they simply had no idea about prior to Tuesday night. Those faces should serve as inspiration for every Democrat and/or progressive on the ballot in every race in all 50 states between today and November 8. And as a warning for every Republican.

On today's BradCast, selective, noteworthy, curated results --- or what is known about them, unofficial, incomplete or otherwise --- from Tuesday's primary elections in six states, Arizona, Kansas, Michigan, Missouri, Washington and Ohio. (And several problems for voters in Pinal County, AZ.) [Audio link to full show is posted below this summary.]

Of course, the biggest news from Tuesday, hands down, was the stunning landslide rejection of a state constitutional amendment in Kansas that would have allowed the state's Republicans to restrict and/or ban abortion rights. (That's what the folks in that photo were just learning about.) It was the first statewide vote on the matter anywhere in the nation since the newly extremist, far-right, radical, activist, corrupt, Republican U.S. Supreme Court majority overturned 50-years of Constitutionally protected rights and freedoms by striking down 1973's Roe v. Wade decision.

Even in the theoretically "conservative" state of KS, voters soundly rejected that proposed Amendment with their "NO" votes by a stunning 18 points over "YES" as of airtime. The "NO" vote did well in large and small, rural and urban, Democratic and Republican counties alike. Turnout, thanks to this measure --- in a midterm primary where Republicans assumed few would notice --- was enormous and at levels normally seen in Presidential primaries or even mid-term general elections in the recent past.

The question now is whether Democrats will finally have the confidence and courage to run on this issue, following the overturning of Roe in June, in every state in the country and for virtually every office on the ballot from Governor to Attorney General to District Attorney to County Sheriff to state Judge to state Supreme Court Justice. And, whether Democrats will be able to capitalize on Josh Marshall's "Roe and Reform" campaign that he's been pushing hard at Talking Points Memo, calling for a very specific promise to voters from Democrats on the federal level: Let us hold our House majority and give us two more seats in the Senate and we vow, come January 2023, to reform the Senate filibuster to codify the protections of Roe into federal law, guaranteeing privacy rights and reproductive freedom in all 50 states.

Nothing short of that very specific "You give us that, we'll give you this" promise will do, as Josh has smartly been explaining for weeks now. We have long argued ourselves that candidates must give voters something very clear and specific to vote for. When they do, as proven on Tuesday in Kansas --- where the stakes were crystal clear, and voters knew exactly what they would get from their one single vote --- they will respond in large numbers.

Of course, all of this also further underscores the argument I've been making for months that Democrats and progressives must ignore the "conventional wisdom" from so-called political professionals about the historical odds of impending doom this November. These are decidedly UNconventional times, proven once again in KS yesterday.

Beyond that very encouraging news on Tuesday, there was still more good news in both the Secretary of State and Attorney General races in KS; Somewhat disappointing news in the MO race to fill the U.S. Senate seat being vacated by retiring Republican Sen. Roy Blunt; Potentially concerning news out of MI's Republican gubernatorial contest, where a well funded, Trump-backed loon will run against the state's popular Democratic Governor; And wildly troubling news out of AZ on the Republican side in the contests for the Gubernatorial and Sec. of State nominations, in what could turn out to be two of the most critical races in the nation this November.

All of that and many other races covered and explained, with context, on today's busy show.

Finally, we close with some tragic news on the death this afternoon of Indiana's 58-year old Republican Congresswoman Jackie Walorski and two of her young staffers in an automobile accident. And, some pleasant thoughts following the passing on Tuesday night of Hall of Fame broadcasting legend Vin Scully at age 94. He served as the inimitable and nationally recognized voice of Dodger baseball --- in both Brooklyn and Los Angeles --- for 67 incomparable years...

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We've got a very busy and eclectic BradCast for you today. For good or ill. You'll decide. [Audio link to full show follows this summary.]

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

• Another mass shooting today, this time in a crowded subway train in Brooklyn. At least 10 were shot and 17 injured. Reportedly, however, even with 5 victims said to be in critical condition, authorities say none of the injuries are life-threatening. The gunman, wearing a gasmask and releasing smoke bombs to add to the nightmarish chaos, appears to have used a semi-automatic handgun with several large magazines and was only stopped, after at least 33 shots, when one of the cartridges is believed to have jammed. The suspect was still on the run as of airtime.

• Also in New York, recently-minted Democratic Lt. Gov. Brian Benjamin was arrested and indicted on several federal felony charges related to bribery, fraud and falsification of records on Tuesday, in an alleged scheme during his time as a state Senator involving campaign payoffs from a real estate developer (who was previously arrested, but is not Donald Trump). Among the records Benjamin is said to have falsified are the vetting documents used by Gov. Kathy Hochul when selecting him for the job of Lt. Gov. after she ascended from that job in the wake of the resignation of the previous Democratic Governor, the scandal-plagued Andrew Cuomo. Benjamin resigned late today. But getting him off the June primary ballot, where he was set to run for election against two other Democrats, is a different matter.

• You may have heard today via screaming headlines that new data from the Bureau of Labor Statistics on finds inflation in March was at 8.5% over the past year. It is the highest rate since December of 1981 when that failed, one-term President Ronald Reagan was in the final month of his first year in office. There's probably a bunch of other stuff you haven't heard today beyond the screaming "Inflation hits 40-year high!" headlines from our corporate media. We help you understand some of that stuff.

• President Joe Biden's recent action to release a million barrels of oil a day, for the next six months from the nation's Strategic Petroleum Reserve immediately helped to lower gas prices at the pump. They've been falling pretty much every day since that unprecedented move, though they remain high thanks to Russia's war in Ukraine and the oil industry's continued profiteering. Today, in a bid to further lower gas prices, Biden announced a plan to waive the ban on summer use of E15 gasoline, which contains a 15% ethanol blend. Desi Doyen helps us make sense of that news and why it is both good and bad.

• Last week, following a months-long investigation, Arizona's very MAGA, vote-suppressing Attorney General Mark Brnovich, finally released a report [PDF] on his probe of allegations of fraud in Maricopa County (Phoenix)'s 2020 Presidential election. That probe was requested by the very MAGA state Senate after the exceedingly MAGA Cyber Ninjas failed to find any evidence of fraud in their own months-long so-called "audit" in the state's largest county, where Joe Biden won by some 45,000 votes, delivering the state to a Democrat for the first time in decades.

  As it turns out, Brnovich failed to uncover any evidence of fraud or any other crimes, though he did pretend to find "serious vulnerabilities" in the County's elections procedures. But those "serious vulnerabilities", according to the Chair of the County's Republican Board of Supervisors, the County's Republican Controller (its chief election official, who won his position during the same 2020 election), the County's former Democratic Controller (who lost that year), and the state's Democratic Sec. of State are all calling out Brnovich for a BS report that fails to find any evidence of any problems in the election at all, even while using words that help Fox "News" and the losing former President and all his MAGA friends pretend that he did. (Brnovich is in a contested primary race for the GOP U.S. Senate nomination, after all.)

  We let you know what Brnovich actually found (and didn't), even if none of it prevented the MAGA state Senate President who helped kick off all this madness from from claiming the report finds "fraud" (it doesn't) or one of the most rightwing MAGA state Senators from taking to her Twitter account in response to the report to call it "flaccid" and to insist that "WE WANT ARRESTS NOW." --- For what exactly? That part remains unclear. It may take a few more months or years and more millions of dollars of tax-payer money spent by "conservatives" in the state to get to the bottom of it.

• Finally, Desi Doyen brings our latest Green News Report with some troubling new news on methane and climate change, as well as microplastics now being found in human blood and lungs. But she's got some better news on new mileage standards from Biden's Dept. of Transportation and on the electrification of tens of thousands of government vehicles and school buses in Los Angeles and Boston...

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As it turns out, it wasn't an attack from highly skilled opposition mercenary warriors trained in the art of espionage, deception and surprise attacks that took down the Cyber Ninjas. It was their own incompetence, dishonesty and hopes of escaping huge court fines for failing to follow the rule of law that appears to have done them in. Or, perhaps they're just in hiding, ready to pounce again when they are least expected! [Audio link to full show is posted at bottom of this summary.]

First up on today's BradCast, however, before we get to the "death" of the Ninjas and their ongoing clown show, President Biden and Vice President Harris traveled to Atlanta on Tuesday to call for U.S. Senate filibuster reform in order to pass voting rights and election protection legislation with a simple majority. That, in hopes of countering voter suppression and election subversion measures being adopted by GOP controlled states across the nation.

All 50 Senators who caucus with the Democrats (plus Vice President Harris) are on record in support of the critical Freedom to Vote Act and John Lewis Voting Rights Advancement Act. But in the U.S. Senate, while that simple majority vote may be enough to cut taxes or allow drilling and mining on previously protected federal lands or seat Supreme Court Justices for life, it's currently not enough votes to protect American democracy. Not with the Republican Party now fully in opposition to both voting rights and democracy while Senate rules require a 60-vote super-majority to pass both pieces of legislation.

As Biden pointed out in his remarks today --- for the first time, offering a full-throated call to reform the Senate rules --- the united GOP opposition to voting rights is fairly new. Until recently, even Republicans voted in support of expanding and protecting voting rights at the federal level --- at least enough of them to overcome a Senate filibuster. But not anymore. At the same time, obstructionist Democrats Joe Manchin (WV) and Kyrsten Sinema (AZ) have refused to allow the majority to create a carve-out to the filibuster --- akin to hundreds of others in the Senate --- to adopt the legislation that both of them claim to support.

This week, Manchin even went so far as to describe the filibuster to reporters as a critical Senate tradition that has been in place "for 232 years." In fact, the filibuster as we now know it has been in place since 1975, as historian Max Kennerly explained on a Twitter thread in response to Manchin. "232 years ago, in 1790, a simple majority could end any debate," he notes. And Adam Jentleson, Harry Reid's former Chief of Staff who wrote a book on the filibuster, went so far as to alert Manchin to how much the Constitution's framers virulently opposed a super-majority requirement for anything at all, quoting both "father of the Constitution" James Madison and Alexander Hamilton from The Federalist Papers. (Which is why there is no such requirement in the Constitution.)

"Sadly, the United States Senate — designed to be the world's greatest deliberative body — has been rendered a shell of its former self," Biden, a former six-term Senator, declared in his impassioned remarks on Tuesday, describing the filibuster as having been "weaponized and abused."

Whether the Biden/Harris calls in Atlanta for reform will have any effect on the clueless Manchin and the similarly disinformed or dishonest Sinema remains to be seen. Senate Majority Leader Chuck Schumer continues to insist that "failure is not an option", vowing a series of votes on the matter between now and Monday's Martin Luther King Day holiday.

Meanwhile, the GOP fight against election integrity may have hit a few embarrassing snags after their infamously failed "post-election forensic audit" in Maricopa County (Phoenix), Arizona last year. As you already know, the state GOP Senate's taxpayer funded audit theater found no Chinese bamboo in the County's 2.1 million hand-marked paper ballots, but it did declare that Joe Biden defeated Donald Trump by even more votes than originally certified. And if you follow The BradCast, you also may know that real election audit experts discovered that even those numbers were apparently "made up out of whole cloth" by the Ninjas, whose actual count of the ballots (never mind the results on them) was off by tens of thousands.

The final report that the Ninjas and its CEO Doug Logan produced last year on behalf of the GOP State Senate, also included 77 claims of "possible" fraud in the County's reported tallies and other questions to raise alarms about the legitimacy of tens of thousands of "maybe" illegal votes.

As it turns out, however, according to a 93-page, point-by-point rebuttal [PDF] of each of those claims, released last week by the Republican-majority Maricopa County Board of Supervisors after months of investigation, 76 of the Ninjas' 77 claims were completely wrong.

For example, according to the Ninjas' final audit report, 5,295 voters "potentially voted in multiple counties" in Arizona. The county found, however, that, in reality, just 5 voters may have done so. (They've forwarded their findings to the state AG). The Arizona Republic's Jen Fifield offers a helpful, detailed summary of most of the key rebuttals from the County, explaining how the Ninjas got it so embarrassingly wrong on virtually every "misleading, inaccurate and false" score.

The County's response to the Ninjas' pathetic report was mostly lost, however, amid the news the next day that the Cyber Ninjas were claiming to be no more. A spokesperson announced that they had shut their doors and all employees, including founder and CEO Logan, had been let go, following a contempt ruling from an Arizona Superior Court Judge. He found that failure by the Ninjas to turn over thousands of pages of public records documenting their "audit", its financing, and their communications with officials about it in two separate lawsuits violated the law. The plaintiffs sought a $1,000/day penalty until the documents were turned over. The judge informed the Ninjas they would be fined $50,000/day instead! They then declared they no longer existed, like a ninja disappearing into the night! Except they are really shitty ninjas.

The judge has stated that their claims at insolvency in an attempt to shut down to avoid the court fines was not going to work, threatening to apply the $50,000 daily fine to individuals with the company, like "former" CEO Logan. As it turns out, Logan formed a second company last year named Akolytos, using the same business and mailing addresses as the Cyber Ninjas. But his hopes of escaping the court fines through that second company may not work either, as journalist Kim Zetter details in her latest, excellent Zero Day newsletter. SAD!

Finally, as the Northeast grapples with a brutal cold snap today, Desi Doyen joins us for our latest Green News Report, detailing the record warmth of 2021, and the disturbing increase in emissions causing our climate emergency over the past year...

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It's been a rough week. So before we get to America's rising 'demons of hell' on today's BradCast and how we might counter their re-emergence against what is left of American democracy, a few slightly more encouraging news items to kick things off. [Audio linnk to full show is posted at end of summary.]

In Georgia, the three white men who were caught on video tape murdering 25-year old black jogger Ahmaud Arbery in 2020 after hunting him down in their pick-up trucks, were each sentenced today to life in prison. Two of them, father and son, got life without the possibility of parole. The third, their neighbor, could be paroled after serving 30 years. But he's already 52, so...

In Arizona, or Florida, or wherever "they" preside, the buffoonish, rightwing conspiracy theorists, con-men and theoretical cybersecurity experts calling themselves Cyber Ninjas, declared they exist no more. That, just one day after an AZ state judge said they are to be fined $50,000 for each day that they continued to refuse to hand over public documents regarding the pretend "forensic audit" of Maricopa County (Phoenix), AZ's 2020 Presidential election they were hired by the GOP state Senate to carry out. More on that matter, hopefully, on a not-too-distant BradCast.

Next, as our week commemorating the grim, one-year anniversary of Donald Trump's attempt to steal the 2020 election by hurling thousands of supporters at the U.S. Capitol last year on January 6th, in hopes of halting the certification of the Electoral College vote with a deadly insurrection, comes to a close, a bit of mopping up and looking ahead to ways to prevent a more successful election coup from happening in the near future.

First, some reflections today from our 39th President, the 97-year old democracy champion Jimmy Carter. He wrote this week in the New York Times that he now "fears" for our democracy, citing last year's insurrection and the politicians in his home state of Georgia and elsewhere, such as Texas and Florida, who have "leveraged the distrust they have created to enact laws that empower partisan legislatures to intervene in election processes." Carter sees Americans "being persuaded to think and act likewise, threatening to collapse the foundations of our security and democracy with breathtaking speed." He says the he now fears that what he, his Carter Center and America itself "have fought so hard to achieve globally — the right to free, fair elections, unhindered by strongman politicians who seek nothing more than to grow their own power — has become dangerously fragile at home."

Carter is hardly the only one with a long and broad perspective on history who has become unnerved by what we are now seeing in America. Ronald Reagan's U.S. Solicitor General, Charles Fried, interviewed last month by CNN's Christiane Amanpour, noted his birth in Prague in 1935, when "Czechoslovakia was a real democracy" before "the demons of hell came out and spoiled that for 50 years." The 86-year old longtime Republican and Harvard Law professor now says he sees "those people re-emerging" and he "hears the same tune and it scares me."

So, for those of us paying attention, what can be done? We talk about exactly that today with our guest, DR. NILS GILMAN of the Berggruen Institute, following on his recent L.A. Times op-ed discussing similar nightmares as those cited by Carter and Fried which have continue to emerge throughout 2021 and what we can ALL now do to try and counter them.

Gilman was also the co-founder the Transition Integrity Project (TIP), a bipartisan group of security, military, political and media experts who met during the summer of 2020 to game out what might happen [PDF] in various worst-case scenarios if Trump decided to declare the election results invalid and/or refused to leave office that fall. We begin today with how his TIP group viewed the January 6 Electoral College certification event in advance, which he says they saw as a "moment of Constitutional stress that bad actors could potentially exploit," warning at the time that "there needed to be preparations on the part of law enforcement to be ready for that possibility." Perhaps we'll pay more attention to his group's warnings the next time, if they decide they need to reconvene before 2024 election.

He is now warning, in his piece at L.A. Times, that "the runaway train of illiberalism continues to bear down on American democracy, and the need to act could not be more urgent." Gilman explains today what he means by the term "illiberal democracy," a phrase he cites as being coined by Hungarian strongman President Viktor Orban, who was recently endorsed by Donald Trump. Under Orban, Hungary, in recent years, has seen its media essentially taken over by his rightwing government.

Citing strongman leaders "all over the world, in Brazil, Turkey, the Philippines, Poland, "you're seeing the rise of this illiberal democracy, where you still have elections, but the electoral process is so corrupted that it basically ensures that you will get right or far-right victories under any and all circumstances." Sound familiar? That, as nations like Hungary are literally being hailed of late by folks on the American right like Tucker Carlson and Fox "News". "It's being celebrated in rightwing media as a model that America might want to follow," Gilman charges.

He goes on to detail, both in his op-ed and on today's program, what "ordinary citizens" who oppose such fascist takeovers of our democracy can and must do at the state and local level --- as we wait and hope for voting rights and election protection legislation at the federal level --- to otherwise counter such forces. Election officials are now facing threats from Trump's MAGA Mob across the country, even as his supporters are working to take over key election administration positions by both hook and crook.

"People can go out and become pollworkers," urges Gilman. "We have an under-supply. Run as a local election administrator. There are thousands of positions all over the country. Our election system is currently totally decentralized and local administrators have a lot of power, and we need people committed to the democratic process to be in those position, not people who are committed to partisan victory at any and all costs."

As he explains, "there are things that an ordinary citizen can do. But the truth is that the real problem is we need to have elites who are going to be committed to democratic practice. What we have in this country now --- and we're seeing this very much in the current Congress --- you see a split between some elites who are basically complicit with the crimes of the previous administration and then others who are complacent about the likelihood that this could come back. We need elites to take this problem more seriously and really take on the challenge of illiberalism and the anti-democratic tendencies that are becoming more and more legion in this country, particularly on the right."

We also discuss my personal concerns --- my personal nightmares --- about the ability of committed, bad faith Republicans at this point to game the Electoral College in 2024 in a way they were not prepared to do in 2020. If they do so --- at the state legislative and/or Congressional level --- I believe there is nothing currently in federal law or the U.S. Constitution to prevent such a bad-faith exercise from succeeding next time. Please tune in to see if Gilman shares my concern.

Finally today, we're joined by Desi Doyen for our latest, very lively, Green News Report, which we had to postpone until today to make room yesterday for our special coverage of the first anniversary of the GOP's January 6th, 2021 insurrection...

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On today's BradCast": Despite what you may hear from certain elements of the media, the differences between the two parties when it comes to democracy and voting rights could not be more stark. Democrats are currently trying (and still failing, so far) in Congress, to protect voting rights for all voters. Republicans, meanwhile, are undermining those most basic of American rights around the country, even while facing mounting legal problems for having been gullible enough to play along with Donald Trump's Big Lie effort to steal the 2020 election. [Audio link to full show is posted below this summary.]

But we've got a lot more than that on today's program. Among the many stories covered...

• More ballot initiative results from Tuesday's off-year elections, including out of Tucson, Arizona where voters, by a nearly 2 to 1 margin, approved a new minimum wage of $15/hour. The victory for some 85,000 workers in the state's Democratic stronghold comes just months after its Senior Senator, Kyrsten Sinema, infamously thumbs-downed her own parties efforts to raise the federal minimum wage nationally to $15/hour. Hoping she noticed what happened in Tucson on Tuesday, because we're betting the folks in Tucson noticed her thumbs-down.

• In New York state, all three election and voting rights reform propositions placed on the ballot by the Democratic legislature failed by wide margins. Republicans opposed all three and mounted an aggressive campaign to defeat them. Prop 1 involved redistricting reform. Prop 3 would have allowed same-day registration. Prop 4 would have allowed for no-excuse absentee voting in the Empire State. We discussed all three with two longtime NY election integrity advocates last week. Even though there was disagreement on several of measures, it's still a bit of a surprise that all three went down. That, even as Prop 2, a very progressive proposition on the same ballot establishing "the Right to clean air, water and a healthful environment" in the state's Constitution, did pass, by a more than 2 to 1 margin. Hmmm.

• On Wednesday, back in D.C., a Senate vote on whether to proceed to debate on the John Lewis Voting Rights Advancement Act --- which restores much of what the U.S. Supreme Court has gutted in recent years from the Voting Rights Act of 1965 --- was blocked by Republicans. All Democrats voted in favor (including Joe Manchin) and even one Republican for a change (Lisa Murkowski). But as with the similarly Manchin-approved Freedom to Vote Act two weeks ago, a majority vote was not enough to overcome yet another GOP filibuster in the U.S. Senate, requiring 60 votes to even move to debate. So now we seem to be getting to the point where both Manchin and Sinema may need to put up or shut up on reforming the filibuster to allow for passage of these bills to help save democracy itself. In the meantime, Sen. Amy Klobuchar (D-MN) and Majority Leader Chuck Schumer (D-NY) are vowing to "restore the Senate", whatever that may end up meaning, in order to push election and voting reform through. We'll see if that happens, because...

• ...As New York Times reports late today, the Democrats' big money donors are getting restless. They are whining that Joe Biden isn't giving them enough attention (good!) and that they are very unhappy about the party's seeming inability to adopt critical voting rights legislation. One major donor has gone so far as to vow to withhold any more money until election reform is passed. The pressure, even from wealthy donors, is welcome and could be helpful. Though what they believe President Biden is actually able to do if two intransigent Democratic Senators refuse to change Senate rules for passage is a separate question. Hopefully these donors also give to Manchin and Sinema and are cutting them off as well while they refuse to stand up and do the right thing for the country.

• On the other side of the political aisle, it's just nothing but ugly when it comes to democracy. Though some of our stories today may be worth popping some popcorn for. The Smartmatic voting tech company filed two new lawsuits on Wednesday against two "right-wing U.S. television networks," as Reuters properly describes them. One America News (OAN) and Newsmax are being sued for false claims made against the company, including that Smartmatic --- which doesn't have any election business in the U.S. at all other than a recent contract in Los Angeles County --- helped steal the election from Donald Trump in 2020. (And, yes, the fact that Smartmatic was brought into this at all is largely thanks to my series of exclusives from some years ago involving that company and its competitor Dominion Voting Systems, which Trump's dupes have happily misinterpreted and bastardized for their dumb corrupt purposes. You're welcome!) The two complaints are the latest billion dollar lawsuits filed by both Smartmatic and Dominion against the two right-wing networks, Fox "News", as well as Trump friends and attorneys like Rudy Giuliani, Sidney Powell and Pillow Guy Mike Lindell. We wish them all the worst of luck.

• Even wingnut Erick Erickson has had enough of the "Stop the Steal" falderal --- at least when he's drunk enough to say so after his party won a few elections on Tuesday night. His rant to his fellow Republicans includes stuff like this: "You idiots have spent a year peddling the fiction the 2020 election was stolen because you were so busy humping Trump's leg that you never really even tried to convince persuadable voters to vote. ... either admit the election wasn't stolen or STFU from here on out. ... And if you really have clung to the 2020 was stolen mythology that lets you sleep well at night as a professional victim, please unfriend me and unfollow me because your presence is needed in Neverland and not here in reality."

• And, back in Arizona, the GOP-controlled Senate appears to be threatening and/or turning on the Cyber Ninjas they hired for their pretend audit of Maricopa County's 2020 election earlier this year. Or, at least, they are play-acting as much for the benefit of a judge as the Senate is facing potential sanctions for failing to turn over public documents related to the phony audit which claims to have found that Joe Biden defeated Donald Trump by an even larger margin than originally certified in the state. But, as it turns out, even those numbers appear to have been "made up out of whole cloth" by the Ninjas, according to experts who looked a bit closer. This could get ugly. At least we hope so.

• Finally, Desi Doyen's got some seemingly good news for us coming out of the critical U.N. Climate Conference in Glasgow, Scotland in our latest Green News Report, along with results of a number of environment and climate related issues that were on the ballot across the country in Tuesday's off-year elections...

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