If, like me, you're old enough to get the joke in today's headline, congratulations on still being alive! (If you don't remember it, here's a reminder.) But, no, we didn't forget Poland on today's chocked-with-a-surprising-amount-of-not-awful-news BradCast!

Among our stories covered today....

• Who knew that holding a U.N. conference (COP28) on our climate catastrophe in a petrostate like the United Arab Emirates might end without an agreement --- or with a bad one --- from all 200 participating nations for the first time in the annual summit's 28 year history? Well, it ain't over until it's over, with nations now officially in "overtime" at the Conference, which was otherwise set to end last night. Will they dare mention the phrase "fossil fuels" in whatever final statement they finally unanimously agree to make? Stay tuned!

• In what is being described as a "political earthquake", after eight years under the heavy hand of a far-right anti-immigrant, anti-media, anti-woman authoritarian party's Prime Minister and President, Poland --- with a front-row seat over the past two years to Russia's autocratic invasion of Ukraine --- elected a centrist, pro-EU Prime Minister on Monday! That is good news on a whole bunch of fronts. It became official today when Donald Tusk received a vote of confidence from parliament after a brief delay when a right-wing lawmaker used a fire-extinguisher to douse candles in a Hanukkah menorah in parliament. "This is a wonderful day," said Tusk to the Polish people on Monday night. "Not for me, but for all those who have deeply believed over these years that things will get even better, that we will chase away the darkness, that we will chase away evil. From tomorrow, we will be able to right the wrongs so that everyone, without exception, can feel at home." The news is a welcome counter-point to the recent rise of right-wing authoritarianism in nations from Argentina to The Netherlands. And, hopefully, its a good omen for 2024 in the U.S.

• On the other hand, Ukrainian President Volodymyr Zelenskyy had to fly all the way to the U.S. on Tuesday to, essentially, beg far-right Congressional Republicans --- who have apparently lost the plot of democracy --- to continue supporting Ukraine's efforts to hold off the imperialist invasion of his country by fascist Russian dictator Vladimir Putin.

• Speaking of Congress and democracy, very good news out of New York's high court today, which ordered a new U.S. House map for next year's 2024 Congressional elections, after the map used in 2022 resulted in a bunch of seats flipping from D to R in newly drawn districts after state Dems kinda screwed up the whole process. We explain.

• And in more potentially good news for 2024, inflation continues to fall faster than expected, as the U.S. economy continues to show surprising resilience and little sign of the recession that many had feared when Donald Trump's Federal Reserve Chairman, Jerome Powell, began raising interest rates last year to combat inflation. Inflation is almost back to normal at 3.1% over last year; gasoline is down 11% over the past two months; employers are still hiring and unemployment remains at a near record-low rate of 3.7%. But, some prices are still high at grocery stores, as is rent and the cost of a home mortgage. Economists are watching Powell closely for a read as to when the Fed may deign to finally lower interest rates next year.

• No sooner had we gotten off air yesterday, than the U.S. Supreme Court announced it would consider an expedited petition filed on Monday by Special Counsel Jack Smith to hear Donald Trump's appeal on Presidential Immunity in his January 6 federal indictment. It doesn't necessarily mean SCOTUS will hear the full case. But it means they will consider doing so. Smith had filed the petition for cert just hours earlier, leapfrogging the D.C. Circuit Court of Appeals in hopes of keeping next year's scheduled March 4th trial date for Trump on track. All of which, at least for now, is encouraging news to suggest that SCOTUS may both do the right thing and do so with the alacrity that would allow the American people a verdict in the case against Trump in advance of next year's Presidential election.

• The defamation damages trial against dirtbag former NYC Mayor and Trump attorney Rudy Giuliani --- in which he's already been found guilty of defamation --- continued into its second day on Tuesday. But not before his attorney admitted in Court on Monday (as the federal judge has already found), that Rudy's horrendous claims about two Georgia election workers in 2020 committing fraud for Joe Biden were false. And not before Giuliani then stepped out of the courtroom on Monday and repeated the same baseless claims yet again on the courthouse stairs. Today, U.S. District Court Judge Beryl Howell scolded both Rudy and his attorney, noting that Giuliani's remarks on Monday night "could support another defamation claim" by mother and daughter plaintiffs Ruby Freeman and Shaye Moss. The pair are currently seeking damages in the amount of $15.5 to $43 million in their civil lawsuit. And they will deserve every penny they receive.

• Speaking of dirtbags, following the news last week that Wisconsin's 10 fake Trump electors had settled a civil lawsuit against them, the state's U.S. Senator Ron Johnson --- already on record as having encouraged state lawmakers to steal the Badger State's 2020 election for Trump --- described the settlement as a "travesty of justice." He insisted that Democrats had done the very same thing "repeatedly" and "in multiple states" in the past. Nonetheless, he couldn't name any state where Democrats had secretly created false slates of electors in hopes of stealing an election when pressed by CNN's Kaitlan Collins. (If Johnson was referring to what happened in Hawaii in 1960, he is wrong about that as well.)

• Finally, Desi Doyen joins us for our latest Green News Report, with both the good and bad, so far, out of the COP28 Climate Conference in Dubai, and some very good news indeed from President Biden regarding the nation's largest ever investment in high speed rail and U.S. passenger rail service.

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Today on 'The BradCast: Lots of accountability under way for Trump and henchmen. And, also...for progressive author and journalist John Nichols?! [Audio link to full show follows below this summary.]

FIRST UP: Donald Trump's best, if not only, chance of avoiding a verdict (and potential felony conviction) before next year's Presidential Election (after which, if he wins, he'll have the power to make most, if not all, of his legal troubles disappear) is to delay Special Counsel Jack Smith's federal Jan. 6-related trial against him from proceeding as scheduled on March 4th.

Trump has one legit chance to do that: his legal challenge regarding whether a President enjoys total immunity from criminal prosecution for crimes committed while in office. U.S. District Court Judge Tanya Chutkan has already ruled firmly against him. But he has the right to appeal the ruling all the way up the U.S. Supreme Court. The appeals --- first with a three-judge panel on the D.C. Circuit, then with the full D.C. Circuit court, and then, eventually, at the U.S. Supreme Court --- could absolutely prevent the trial from beginning or ending before Election Day next year.

So, on Monday, Smith attempted to leapfrog the D.C. appeals court entirely by asking SCOTUS to hear Trump's appeal on an expedited basis. Smith's filing [PDF] to the high court asks: "Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin."

The federal prosecutor argues that "it is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected."

Citing similar, if very rare, action by SCOTUS in, for example, U.S. v. Nixon, Smith's filing makes the case that "The public importance of the issues, the imminence of the scheduled trial date, and the need for a prompt and final resolution of respondent’s immunity claims counsel in favor of this court’s expedited review at this time."

And now we wait for at least four Justices to agree to take the case up. Everything rides on that and their ultimate ruling --- and the timeliness of same.

MEANWHILE: As far as a substantive defense in the federal Jan. 6-related case in which Trump stands accused of inciting an insurrection at the U.S. Capitol as one of several attempts to steal the 2020 election from Joe Biden, recent filings by Trump, as Washington Post reported last week, "revealed that he has been pressing the Justice Department for information on far-right claims" that the Jan. 6 insurrection was secretly the work of "foreign actors" or "Antifa" or the U.S. Capitol Police somehow in cahoots with Nancy Pelosi, or..."John Nichols," described by WaPo as "a liberal journalist in Wisconsin".

John Nichols?! Our friend and frequent guest John Nichols?! Really?!...Apparently so!

We're joined today by longtime progressive journalist and author JOHN NICHOLS of The Nation, The Progressive and Madison Wisconsin's Capital Times to learn if he, in fact, was at the Capitol on January 6th, 2021 (if not, where was he?); participated in inciting the riot there for some reason; and if he is now, or ever has been, a member of the Deep State?!

His answers today ('In Wisconsin at his daughter's orthodontist office'; 'No.'; And 'No.') may not surprise you!

So, how did all this happen? How did he come to be named in a Trump filing? Should we believe his many alibis (like filing an article at The Nation and speaking on the phone to many locked-down members of Congress that day)? Has he received any threats from MAGA in light of these Trump allegations? And what does any of this actually mean? Well...Nichols is here to explain it all to you.

FINALLY: Trump's $250 million New York State fraud case against him, his companies and his top executives (including his two eldest sons) was to reach a zenith today in Manhattan with the long-promised testimony of Donald Trump himself. On Sunday night, however, he announced on his social media cite he was chickening out and wouldn't be testifying after all. Surprised?

Also today, the civil defamation trial against Trump's disgraced alleged criminal co-conspirator Rudy Giuliani got under way in D.C. During the pre-trial proceedings, the federal judge in the case had already found Rudy guilty of defamation against Georgia election workers Ruby Freeman and her daughter Shaye Moss. He falsely accused them of rigging the election in Atlanta against Trump in the Fulton County counting room in 2020, charging that the two black women were secretly seen on video surveillance tapes passing USB thumb drives back and forth "like they were vials of heroin or cocaine."

They weren't. Freeman was, however, handing her daughter Moss a ginger mint and their lives have been turned upside by the baseless claims repeatedly made by Giuliani, Trump and his many supporters and the vile threats which followed them. The trial is now only needed to determine the amount of damages against the former New York City Mayor. The pair are seeking between $15.5 and $43 million. Giuliani's attorney admitted in his opening statements that Rudy lied about the two women, but he argued that the amount they are seeking "would be the end of Mr. Giuliani."

We can only hope so.

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It was debate number four for all of the eligible GOP 2024 primary candidates who decided to show up. And, for reasons best left to one of our guests to explain on today's BradCast, we once again offer Special Coverage of yet another LOL bat-crap insane evening! [Audio link to full show follows this summary.]

This one was broadcast from Tuscaloosa, Alabama. It was sponsored by new media outlet NewsNation and moderated (for the first time?) by three women. The GOP's Race for Second Place on Wednesday night featured just four candidate who qualified: former UN Ambassador and former SC Gov. Nikki Haley; FL Gov. Ron DeSantis; former NJ Gov. Chris Christie and scammy business dude and unspeakably annoying conspiracy theory bro Vivek Ramaswamy. Presumed front-runner Donald Trump didn't bother to show up again. Though, after winning the three previous debates by not being there, he may have actually lost a few points this time around, for reasons discussed on today's program.

We're joined once again today by our tireless 2024 post-debate panelists and long-time OG bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo and 'DRIFTGLASS' of the weekly Professional Left Podcast and its companion show, No Fair Remembering Stuff.

It was a lively, if insane affair, as expected from today's broken Republican Party, with the candidates viciously attacking each other throughout the night as "obnoxious blowhard", "corrupt", "toxic", "fascist" and "liar". But who are we to disagree with the GOP's own carefully curated collection of 2024 candidates for President of the United States?

Aside from the smaller group of participants, the biggest change was that Christie decided to finally weigh in both as the adult in the room with actual old-school Republican "conservative" values, and to finally take on Trump head on as he'd long promised. As we discuss, the room did not boo him as vigorously this time out, and may (may!) have actually listened to a word or two he had to say about Trump. While Christie scored a number of direct hits on the four-time criminally indicted former President, his best moments --- other than beating the hell out of DeSantis and Ramaswamy --- came in calling out Trump as "unfit for office", before noting in closing that Trump is likely to be disqualified from even voting for himself next year.

"I want you all to kinda picture in your mind its Election Day. You all will be heading to the polls to vote, and that's something that Donald Trump will not be able to do. Because he will be convicted of felonies before then and his right to vote will be taken away," explained Christie, followed by a bit of half-hearted booing from the assembled crowd at the University of Alabama. "You can boo about it all you like and continue to deny reality," he continued. "But if we deny reality as a party, we're gonna have four more years of Joe Biden." He went on to add for his fellow candidates: "If you're too timid to take on Trump, believe me, others will see that timidity: Xi, Putin and the Ayatollah, the border-crossers on the southern border and the criminals on our streets."

The full frontal --- and accurate --- attack may or may not work. But it was the message that the crowd eventually seemed to be listening to and that Christie had long promised to deliver, but hadn't until last night. It was also the argument that every other major candidate in the party has, so far, been too "timid" to make. In fact, the lawless, autocratic threat posed by Donald Trump to his own party, our nation, and this world is really the only issue that matters in 2024.

We discuss all of that and much more today, including...

• Why we're devoting an hour to this madness at all.
• The reasons for the lack of a single question about abortion.
• Why the sponsors of this debate thought it appropriate to feature two video questions for the candidates from the far-right Judicial Watch's Tom Fitton, identified as one of Trump's many unindicted co-conspirators in his Georgia election theft indictment and likely in his federal indictment for same.
• Why the party that used to pretend to oppose Big Government clearly doesn't anymore (and never actually did.)
• How Haley and DeSantis claim to support "freedom", while each opposing freedom of speech on the Internet (and elsewhere.)
• Who would actually be the best GOP candidate to defeat Joe Biden and who would actually be the easiest for Joe Biden to defeat.

Please enjoy our...for some reason...BradCast Special Coverage!...

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Given all the legal delay tactics available to him, Is it even possible at this point for there to be a verdict in any of Donald Trump's criminal trials before November 5th, Election Day, in 2024? A former federal prosecutor joins us to discuss that very thing on today's BradCast. [Audio link to full show follows below this summary.]

BUT FIRST, there was quite a bit of other news today, some of which is somewhat related...

• Short-lived former Republican U.S. House Speaker Kevin McCarthy announced he is quitting Congress at the end of this month. The GOP's thinnest of House majorities will become even thinner until California holds a Special Election next year to fill the seat, likely not before next June. That means Republicans will have just two votes to spare on any legislation, including on whether to prevent the Government from shutting down in mid-January. (Happy New Year!)

• The U.S. Dept. of Justice unsealed war crimes charges against four Russian soldiers accused of torturing an American in 2022 following their ongoing invasion of Ukraine. It is the first time such charges have been filed under a 30-year-old statute. Nonetheless, Congressional Republicans --- even after the news of atrocities committed against Americans and Ukrainians alike --- continue to oppose additional military aid to help our sovereign ally defend democracy itself in Europe against the imperialistic assault of its fascist Russian neighbor.

• The ten fake 2020 Trump electors in Wisconsin have settled a lawsuit filed against them by two official Biden electors. All ten Republicans, some of them top state GOP officials, have agreed to withdraw their false election filings, acknowledge Joe Biden won the 2020 election, share all related communications, and never serve as a Presidential Elector again in any election where Trump is on the ballot. Exchanges disclosed between several of them reveal that they knew what they were doing was wrong and an attempt to "possibly steal" the election. The exchanges also reveal that WI's U.S. Senator Ron Johnson advocated for the state Legislator to to steal the election for Trump.

• The six fake 2020 Trump electors in Nevada were criminally indicted today by the state's new Democratic Attorney General Aaron Ford. They all face penalties ranging from one to five years in prison for each of the various charges. This crew of miscreants also includes top Republican state officials, such as state GOP Chair Michael McDonald, Clark County GOP Jesse Law, and Jim Hindle, the man who runs elections in Storey County! Those degenerates join others in both Michigan and Georgia who have already been charged for their parts in attempting to steal the 2020 election for Trump. That, in a state where a new law adopted by the Democratic-run legislature to specifically criminalize future fake electors was vetoed by the state's new Republican Governor Joe Lombardo earlier this year.

THEN, we're joined by RANDALL D. ELIASON, the former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia. He now teaches criminal law at George Washington University Law School, contributes to the New York Times and elsewhere, and blogs at his own site, Sidebarsblog.com.

Last week, Eliason penned an op-ed for the Times, calling for a "Rocket Docket" for Donald Trump's criminal charges, particularly related to his federal indictment in D.C. related to his attempt to steal the 2020 election. Eliason argues that the American people, to paraphrase Nixon, "have got to know whether or not their (former) President is a crook" before they may have to decide whether to vote for him next year. In fact, he argues, they have a right to know that.

But with all of the pre-trial motions available to the former President, in all four of the criminal trials he is currently scheduled to face next year, is it even be possible for there to be a verdict at the trial level in any of those cases before Election Day, after which, if Trump wins, he'll be able to make most, if not all of the charges disappear?

Eliason argues yes, particularly in the federal trial in D.C., currently overseen by U.S. District Court Judge Tanya Chutkan, as scheduled to begin on March 4 (the day before Super Tuesday). But, he notes at the Times, "whether it happens will be decided by a relative handful of federal jurists --- including a number appointed by Mr. Trump himself."

Nonetheless, Eliason maintains today that a court schedule to keep that trial on track for a verdict before Election Day next year --- and even before Republicans must finalize their 2024 Presidential nomination at their convention next Summer --- is still totally possible. What the courts need to do, he tells me, "is pretty simple. They need to put these [pre-trial] motions on a fast track...They can do that when they want to. They have done it in the past. They just have to have the will to do it. Same with the Supreme Court."

We discuss a number of historic cases --- Watergate, the 2000 election, even cases from 2020 and several of Trump's current cases --- where even the Supremes were able to act with alacrity. "Bush v. Gore they decided in one day," notes Eliason, "so they can move quickly when they want to. But that's really what it all comes down to now."

So, will they? And, if they do, will Trump be able to argue that he did not receive a fair trial in the bargain because they were rushed? And, is there any indication to date that the appellate courts, including SCOTUS, also appreciate the importance of ensuring a conviction or an acquittal before Election Day next year?

We discuss all of that and much more with Eliason on today's program...

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It's impeachment madness on today's BradCast! Also, a whole bunch of Republicans are otherwise quitting, backing down or facing jail time. In other words, Tuesday. [Audio link to full show is posted below this summary.]

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

• Tommy Tuberville (R-AL), a U.S. Senator and grown man who goes by the name Tommy, finally backed down from his pointless, one-man, months-long blockade of promotions for more than 400 U.S. military officials. He had been protesting a Pentagon abortion policy that none of the officers in question had anything to do with. The Senate quickly promoted all of them by simple voice vote shortly thereafter.

• House Speaker Mike Johnson (R-LA) announces he has "no choice" but to hold a floor vote for a (revenge) Impeachment inquiry of President Biden next week. The announcement follows the latest bombshell disclosure by Oversight Committee Chair and supergenius Rep. James Comer (R-KY) that Republican investigators have discovered secret monthly payments made by China to Joe Biden and laundered through his son, Hunter! Err...Three monthly payments of about a $1,400 each from Hunter Biden to his dad in 2018 to repay him for the purchase of a used truck the then former Vice President helped him buy. (Yes, the same bombshell loan repayment reported almost two years ago by the New York Post.)

• The bow-tied, far-right, but not-insane-enough-for-today's-House-Republicans Rep. Patrick McHenry (R-NC) has had enough. He joined a growing number of colleagues announcing they will be quitting at the end of this term.

• An important CORRECTION following my mention yesterday of North Dakota Gov. Doug Burgum dropping out of the GOP 2024 Presidential race, and the RNC announces the four candidates who have qualified to appear at Wednesday's night's "Presidential Primary Debate" in Alabama. (Neither Burgum nor Trump will be there. DeSantis, Haley, Ramaswamy and Christie will, for some reason.)

• The three top officials for Ron DeSantis' "Never Back Down" super PAC have backed down. They quite over the weekend, joining a growing number of other Never Back Downers who have exited the Florida Governor's losing 2024 campaign in recent days.

• Two Republican Cochise County officials, Peggy Judd and Tom Crosby, have been indicted on state charges in Arizona for conspiracy and interference of an election officer after refusing to certify the county's 2022 election results because...well, tune in.

• Kim Taylor, the wife of Republican Woodbury County, Iowa Supervisor and failed GOP Congressional candidate has been convicted on 52 counts of election fraud-related charges for falsifying voter registrations and casting dozens of fraudulent votes in the names of others in the 2020 election. Her husband, Jeremy Taylor, named as a co-conspirator, has yet to be indicted for some reason.

• Finally, Desi Doyen joins us for our latest Green News Report (and our only one this week, due to our coverage of this week's dumb GOP "Presidential Primary Debate") with a bit of surprisingly good news out of the U.N.'s COP28 climate conference this week in Dubai, and more good news on the Biden EPA's new rule that will eliminate all 9 million toxic lead water pipes across the entire nation...

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After a number of headlines on today's BradCast --- a lot of stuff happened since we last spoke last week --- we're on to our main story today. And it's a doozy.

Last month, during off-year elections in several states, touchscreen voting systems in Northampton County, Pennsylvania made by ES&S, the nation's largest voting system vendor, were discovered to be printing out the opposite of what voters had selected on their screens in two different statewide contests.

The so-called touchscreen Ballot Marking Devices (BMDs) used in Northampton, a suburban swing-county just outside of Philly in the critical battleground state, are supposed to print a ballot summary card, in human-readable language, based on selection made on the touchscreens, allowing voters to confirm their choices before those cards are then tabulated by an optical-scan computer. Similar systems are (shamefully) still used by about a fifth of the nation's voters on Election Day across the county, including in every precinct in the critical battleground state of Georgia and here in the nation's most populace County in Los Angeles.

But last month, on November 7th, there were two statewide retention elections for Judges, one Democratic and one Republican. If voters selected either YES or NO for both judges, everything printed out on the ballot cards as expected. But if they selected YES in one race and NO for the other, the system would flip their votes on the summary print-out. But here's the catch. It only flipped the votes on the human-readable portion of the ballot. The barcodes also printed on the ballot summary --- which humans cannot read --- as used for tabulation, recorded the votes correctly as cast.

As you can imagine, all of this resulted in chaos on Election Day. Some voters --- once precincts even noticed the problem --- began voting on hand-marked Emergency Paper Ballots instead. In PA, however, there are only about 20 such emergency ballots available at each precinct. They ran out very quickly.

After explanations by election officials and employees at ES&S (which did the programming of the computers for the election) on Election Day, a County judge ordered voters to begin using the touchscreen systems again. Some officials tried to ease voters worries by telling them they would just FLIP the votes after polls closed! In other precincts, voters were reportedly instructed to simply vote the opposite of what they actually wanted in those two contests.

This is the same County where, back in 2019, the first time these ES&S ExpressVoteXL systems were first deployed, the systems recorded zero votes for some races in certain precincts. One of those races, believe it or not, was for the County Judge who, this year, gave the okay to start using the misprogrammed systems again. He didn't receive zero votes in those precincts in 2019. In fact, he won the race for County Judge, as a post-election investigation would reveal.

So, what actually happened on November 7th last month? Longtime election technologist KEVIN SKOGLUND of Pennsylvania's nonpartisan Citizens for Better Elections, investigated to find out. He recently published a detailed report breaking down exactly what wrong. He was able to confirm that while the printed, human-readable text appeared to flip the votes in those two races, the human-unreadable barcode version of the ballot correctly reflected the intent of voters. In short, the votes were right, but the labels next to the two contests in question had been reversed.

As he explains on today's program, this is a programming error that, frankly, should never have been able to happen. Election Officials have long told skeptics of unverifiable touchscreen BMD systems that there was nothing to worry about, because the systems printed out a paper record of voters votes that they could approve before casting, and that the computer-printed barcodes or QRCodes would always match that human-readable text. In Northampton County last month, clearly they did not.

Skoglund also discusses the terrifying danger posed by a programming error like this --- whether it actually happens or voters simply claim that it did --- to next year's Presidential election in states like Pennsylvania, Georgia and elsewhere where voters at the polls are forced to use the same or similar touchscreen systems to cast their ballots.

Describing BMDs like those used in Northampton as "a $9,000 pencil," Skoglund warns today that "events like this shake people's trust, with good reason."

"One of the core cybersecurity concerns is resilience," he tells me. "You want to have systems that can recover from problems. One of the reasons that we like hand-marked paper ballots is not just that the voter marks their ballot and verifies it all at the same time --- so there's not this extra step of checking if the machines works --- one of the other properties of them is their resilience. Because even if the power goes out, even if the machines all stop working, as long as you have a pen, you can mark the ovals on your ballot. But with these [BMD] machines, your 'pen' may just stop working. And you have to have a backup plan if that happens."

Clearly in Northampton, PA last month, there was no real backup plan. If something like this happens next year --- either real or manufactured by nefarious voters --- in even one precinct in PA or any of the other swing-states where similar systems are insanely still used by millions of voters, I shudder to think of what may happen next in this nation.

Incredibly enough, even after the failures in 2019 and 2023, Northampton plans to use the same systems again next year. We discuss that and much more related to all of this on today's show, before we receive phone calls near the end of the program from a few other election experts --- Susan Greenhalgh of FreeSpeechForPeople.org and Dr. Philip Stark, UC-Berkeley election expert and inventor of the post-election Risk Limiting Audit (RLA) protocol. Both have long warned of exactly this kind of election nightmare and have long urged all election officials to move to reliable, verifiable, hand-marked paper ballots for all voters, other than for disabled voters who may choose to vote with an assistive technology.

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We've got an unusually large amount of somewhat encouraging environmental-related news on today's BradCast. We apologize in advance. Don't worry. It's not all good.

Among today's stories...

• More than 40 inches of snow fell on parts of the Northeast over the past two days. Desi Doyen explains why that may --- or may not be (though probably is) --- related to climate change.

• Donald Trump's very narrow gag order in his $250 million civil fraud trial in New York, meant to bar him from attacking the court clerk --- which had resulted in hundreds of vile death threats against her --- has been reinstated by the state appeals court. Trump and his lawyers are pretending this is the greatest "tragedy" and injustice in world history. Shortly after the ruling [PDF] was handed down, Trump began posting attacks on social media against the Judge's wife.

• OPEC+ member states, including cartel leader Saudi Arabia, Russia and others, announced they will be cutting oil production in 2024 in hopes of raising your gas prices in an election year. They had already cut production in late 2022, but, thanks in part to record U.S. oil production under the Biden Administration, prices came down anyway. (Yes, we realize that's the oppose of what you've been told by Republicans.) Sick of manipulation of global gas prices by foreign adversaries hoping to interfere in U.S. elections? We've got a few answers to that in the rest of today's show.

• The Biden Interior Dept. announced on Thursday that it had invested some $468 million to advance wildfire resilience and a temporary increase in pay for firefighters across the nation under the Administration's "Investing in America" agenda, as wildfire season gets longer and more deadly thanks to our climate crisis. (The Biden-Harris Administration says it is working hard to find a way to make those pay increases permanent. But GOP members of Congress may have to play along.)

• The Biden EPA also announced some very big news on Thursday. The Administration has proposed new restrictions on lead levels in drinking water that will result in all 9 million of the nation's lead water pipes --- which can cause brain damage and behavior disorders, particularly in children --- being replaced over the next 10 years! "To finally have a rule that mandates the removal of lead pipes is exactly what the government should be doing,” declared the Michigan pediatrician whose research first discovered the 2014 Flint, Michigan lead poisoning water crisis. This is very very good news and, yes, exactly the sort of thing that the federal government should be doing --- and should have done long ago!

• But for, perhaps, the best examples of the federal government doing what it should be doing to help Americans this week came from Joe Biden's own remarks at a wind turbine manufacturing plant in Pueblo, Colorado on Wednesday. It is the largest such plant in the world, and will be even larger soon thanks to a number of pieces of legislation adopted during his Presidency. In his remarks, Biden touted the Administration's multifaceted jobs and manufacturing agenda --- via bills such as the Inflation Reduction Act, the Bipartisan Infrastructure Act, the CHIPS Act and more --- which has resulted in a clean energy jobs and manufacturing boom across the country. In this case, he was speaking in the district of --- and pushing back at --- handsy far-right Republican Congresswoman Lauren Boebert and other Republicans who voted against all of the measures that have brought thousands of jobs and hundreds of millions of dollars to her own district.

• Finally, Desi Doyen joins us for our latest Green News Report with a suspiciously high ratio of good to bad news for a change today. It must be something in the water today. Hopefully it's not lead.

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This is just getting ridiculous. As detailed on today's BradCast, the long-awaited, criminal report from the Georgia Bureau of Investigation (GBI) on Team Trump's unlawful January 7, 2021 breach, copying and distribution of Georgia's statewide voting system software in rural Coffee County, appears to leave out more than it includes! [Audio link to full show follows below this summary.]

Our guest today is ANNA BOWER, Legal Fellow and Courts Correspondent at Lawfare. She recently obtained the report [PDF] and yesterday published extensive coverage under the headline, "What the GBI Missed in Coffee County: At almost 400 pages, the Georgia Bureau of Investigation report on the Coffee County caper looks impressive. It's not."

"One could be forgiven for thinking initially that the GBI's report on Coffee County is an authoritative account. It is, after all, nearly 400 pages long, and those pages summarize a voluminous body of evidence. ... But the document turns out to reflect a less vigorous investigation of the effort to unlawfully access the state's voting machines than may initially appear," Bowers reports.

In fact, she continues, "The document suggests, rather, that the GBI did not investigate the Coffee County affair fully at all. The agency relied almost entirely on the previous work of civil litigants [that would be frequent BradCast guest Marilyn Marks and her Coalition for Good Governance] and the House Select Committee to Investigate the January 6th Attack on the United States Capitol. It failed to seek interviews with key witnesses, and it omitted relevant evidence that is readily available in public documents."

And yet, GA's Republican Sec. of State Brad Raffensperger has been citing the GBI's long-running investigation as one of the reasons that his office has taken virtually no action over the past two and a half years in response to the unprecedented breach which threatens the legitimacy of next year's Presidential election in the critical battleground state. He has even ignored the U.S. Cybersecurity and Infrastructure Security Agency's warning to immediately apply security patches created by Dominion Voting Systems following the breach.

While Fulton County District Attorney Fani Willis has brought criminal charges [PDF] against five of Donald Trump's alleged co-conspirators involved in the scheme --- including Trump attorney Sidney Powell, Atlanta bail bondsman Scott Hall (both of whom have pleaded guilty), former Coffee County GOP Chair and fake elector Cathy Latham and former Coffee County Election Supervisor Misty Hampton (both of whom pleaded not guilty) --- there were dozens more involved in the plot that have yet to be brought to account by anyone.

Moreover, according to Bower, GA's Republican state Attorney General Chris Carr, who has also cited the GBI's criminal probe as explanation for a lack of state charges to date, has "been ill served" by his investigative department. Maybe, however, like Raffensperger and the State Board of Elections, he's just fine with that.

While there is almost zero new information of note in the GBI's long-awaited report, as Bower details on today's program, the state agency inexplicably leaves out enormous, well known chunks of the story --- such as the infamous Trump Oval Office meeting on December 18, 2020 when the Coffee County plot was hatched with Powell, Rudy Giuliani, Michael Flynn and others who were not interviewed in the agency's criminal probe. "In total," Bower explains, the GBI "interviewed only about 15 individuals" in their year and a half probe, "Many, if not most, of those interviews were conducted in under an hour."

"This account does not even attempt to answer certain key questions. Who devised the plan to access voting systems in Coffee County? When did the plan first arise? Who or what connected the then-president's attorneys to several locals in rural South Georgia? The report bizarrely omits readily available facts that help connect these dots."

On today's show, we attempt to connect at least some of the dots that the GBI didn't bother to, including those involving bedding impresario Mike Lindell and his still-unexplained, two-hour visit to the County in his private plane after flying from Mar-a-Lago to D.C. and back down to rural Southeast Georgia just prior to the breach; why the GBI would be seemingly be working so hard to cover up what actually happened; and why all of this is critically important to the state's (and nation's!) 2024 elections.

"For Georgians who care about elections, for Georgians who think that it's very serious that the then-President's legal team, aided by local allies in Coffee County, had a plot, a conspiracy, to copy and distribute Georgia's most sensitive voting system data, that is incredibly serious, and it warrants a serious investigation. And that just didn't happen here," Bower tells me.

"Georgia continues to use the same software and the Sec. of State's office has said there will not be an update before the 2024 elections. Election security experts have said that means that we could have increased risk in terms of vulnerability during the 2024 election. That software data that has been distributed and is still out in the wild from Coffee County [and] could be used for disinformation campaigns, because people can take the otherwise legitimate data, and make it look either edited or selectively presented. Adversaries could basically use that software to test it for vulnerabilities, and then potentially use that in the future for subverting the operation of that software through malware or other" means.

Federally, she observes, she has seen few signs that Special Counsel Jack Smith is investigating "these multi-state breaches. That, in itself, is concerning"...

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The warning signs continue to blink bright red after the holiday on today's BradCast. [Audio link to full show follows this summary.]

Among those warnings...

• Well-respected, very conservative former federal Judge Michael Luttig warns: "If American democracy was on a knife's edge on January 6, 2021, today it is teetering on that knife's edge [and] in greater peril today than it's ever been in American history." He argues that a second term for the former President would be "catastrophic".

• TPM's David Kurtz: "The Rule Of Law Is The Only Thing That Matters In 2024"

• The warning signs are coming from abroad as well, with the "impossible" electoral victory a week ago Sunday of far-right "libertarian" Javier Milei as Argentina's new President and the "massive shock win" and "stunning lurch to the far right" for The Netherlands with last Wednesday's victory for Geert Wilders' extreme right party in Dutch parliamentary elections. Both are wild-haired versions of our own former President, who gleefully celebrated their electoral victories. Both are extreme anti-immigrant, anti-government populists --- to put it very nicely.

• Here at home, Donald Trump remains the GOP front-runner for the 2024 nomination (though Nikki Haley received a major boost today from the billionaires of the Koch Network), and continues to ratchet up his own far-right authoritarian threats, including with his promised domestic deployment of the U.S. Military under the Insurrection Act should voters of this nation prove foolish and self-defeating enough to allow him a second term next year.

• Meanwhile, our current President, continues to use his powers for good instead of evil, including a new Biden Administration invocation of the Defense Production Act to boost domestic manufacturing of clean, efficient residential and business heat pump technology to replace dirty fossil fuel-burning furnaces and low-efficiency AC systems. The $169 million program, according to the Department of Energy, "will help families and businesses save money with efficient heating and cooling technology...create thousands of high-quality, good-paying manufacturing jobs and strengthen America's energy supply chain, while creating healthier indoor spaces through home-grown clean energy technologies." It is all part of a program to encourage more efficient appliances that "will save Americans $570 billion and reduce greenhouse gas emissions by more than 2.4 billion metric tons over the next 30 years." So, little wonder Fox "News" is furious about it.

• Finally, Desi Doyen joins us for our latest Green News Report as world leaders descend upon Dubai for the latest annual United Nations climate conference (COP28) on the heels of a number of startling new reports warning that the globe will soon blow past targets set at previous conferences. This one is being hosted by the petro-state of the United Arab Emirates. What could possibly go wrong?

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We're back live on today's BradCast after a much-needed holiday break. Thanks to those of you who helped us avoid disaster last week! Now the question is whether we'll be able to avoid disaster in next year's Presidential election where we will have "as stark a choice as the United States has ever faced."

A lot happened while we were off (as usual), but none as critical, as far as I'm concerned, as the mind-blowing ruling issued last week by a three-judge panel of the 8th U.S. Circuit Court of Appeal, upholding an insane lower U.S. District Court Judge's ruling in an Arkansas voting rights case.

The lawsuit, filed by the NAACP, challenges Arkansas' gerrymandered legislative maps which should --- if the rule of law and Constitution mean anything anymore --- include another five Black-majority voting districts before the 2024 elections.

However, last year, a Trump-appointed District Court Judge, while recognizing the merits of the case, found for the first time in U.S. history that individual voters and private organizations like the NAACP and ACLU have no "right to private action" to sue against violations of Section 2 of the landmark Voting Rights Act. The lower court judge found that only the U.S. Attorney General may sue to block racially discriminatory laws under Section 2. And, last week, incredibly enough, that ruling was upheld by the 8th Circuit Court of Appeals panel featuring two Trump judges and one George W. Bush appointed judge.

We're joined today by JONATHAN TOPAZ, Staff Attorney at the ACLU's Voting Rights Project, who worked on the case at both the district and appellate court level. He explains that the District Court ruling "was the first court in the history of the United States to determine that Section 2 lacked a private right of action, which means that private plaintiffs are unable to vindicate their rights under Section 2 of the Voting Rights Act. This, at the time, and is today, is an incredibly radical ruling. We appealed, because it had no basis in the text and structure of the Voting Rights Act, it had no basis in the precedent, and it certainly had no basis in the practice of decades and decades of private plaintiffs bringing suits to vindicate the incredibly important right to vote free of racial discrimination under the Voting Rights Act."

But, as Topaz goes on to explain, it got worse. Last week "a divided panel of the 8th Circuit voted to affirm the District Court's finding. So now these are the only two courts in the history of the United States that have ever made such a finding."

Indeed, the arguably even more "conservative" 5th Circuit Court of Appeal, recently found the opposite, that private plaintiffs do have the right to sue. So, the 8th Circuit Court is an outlier, with what Topaz describes as "a radical opinion on appeal to the voters of Arkansas and voters around the country."

What happens next? What will it mean if it is upheld by SCOTUS? What are the chances of that actually happening? How can it be that neither SCOTUS nor Congress nor dozens and dozens of courts have previously noticed this flaw in the VRA over the past six decades? And, if SCOTUS does find in favor of the 8th Circuit, what will that mean for the hundreds of Section 2 cases previously decided in favor of private plaintiffs? Tune in for answers to all of those questions and many more.

Also today, a bit of what suffices for "good news" out of the Middle East on Monday, as Israel and Hamas agreed to extend their four-day pause in hostilities for another two days to allow for the release of more hostages from Gaza and more Palestinian prisoners from Israeli prisons.

That largely encouraging news, however, is somewhat tempered by events back here in the U.S. over the weekend, where three Palestinian students were shot at close range in otherwise peaceful Burlington, Vermont. The three young men, all 20 years old, were heading to dinner at one of the men's grandmother's house. A suspect was arrested on Sunday. We discuss.

Then, we open things up to listeners via phone and email in our closing few minutes...

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Desi and I were happy(ish) to take a break from our holiday break to join our friend Nicole Sandler on her live show on Tuesday. (She had otherwise planned to take the day off as well, until we decided to show up and ruin her plans.)

A few folks, via email, Twitter, and her live chat room during and after the program, reported hilarity. You may decide if they are correct. Either way, since it is an Internet Only show, the language may or may not be appropriate for children. Or for you. Though we do hope it goes down well either before or after Turkey and stuffing...

You may have noticed the nation is a bit of a tinder box right now. If the currently presumptive 2024 GOP nominee loses in Georgia again next year and just one precinct, out of thousands in the state, experiences something akin to what happened last week during elections in Northampton County, Pennsylvania... well, I don't even wanna think about the likely ramifications. Though we do discuss that today as part of our BradCast, which focuses almost exclusively on election-related lawsuits and criminal cases in the Peach State. Our guest is one of the plaintiffs in one of the most important cases you probably haven't heard about on your favorite cable news station. [Audio link to full show follows this summary.]

The long-awaited Curling v. Raffensperger voting system trial is finally set to begin in Atlanta in January, just after the start of the new Presidential election year in the critical battleground state Originally filed in 2017, the long-running federal lawsuit has already been extraordinarily consequential.

Among other things, it resulted in the 2019 banning of Georgia's then nearly 20-year old, unverifiable, insecure touchscreen voting systems made by Diebold after the judge still overseeing the case, U.S. District Court Judge Amy Totenberg, found the systems so deficient that their use was determined to be in violation of the U.S. Constitution.

In response, and ignoring the advice of voting system and cybersecurity experts, GA's Sec. of State Brad Raffensperger replaced the Diebold systems with newer, similarly unverifiable and insecure touchscreen voting systems made by Dominion. The plaintiffs challenged the use of those systems on similar Constitutional grounds, hoping to see the state move to verifiable hand-marked paper ballots at all polling places, where voters are now forced to vote on the unverifiable touchscreen systems. Raffensperger has refused.

As AP noted last weekend, the case also "spawned a landmark expert report that identified vulnerabilities in the election system used in Georgia that led [the US Dept. of Homeland Security's Cybersecurity and Infrastructure Security Agency (or CISA)] to issue an advisory" to all jurisdictions around the nation that use the same equipment, recommending they immediately apply security patches produced by Dominion to mitigate at least some of the systems' known insecurities. Raffensperger stunned the federal court in Atlanta earlier this year when his office announced they do not plan to apply the recommended security patches until after the 2024 Presidential election in the highly contested swing-state.

Perhaps most famously (or infamously?) the Curling case also resulted in the revelation of the January 7, 2021 statewide voting system software breach in Coffee County, GA. That led to the criminal indictment of Sidney Powell and four others, with Donald Trump, in Fulton County D.A. Fani Willis' sprawling racketeering conspiracy case against the former President and 18 alleged co-conspirators. The revelation of the unprecedented Coffee County breach, copying and Internet distribution of Dominion's sensitive software occurred when Atlanta bail bondsman, Scott Hall (who, along with Powell, has since pleaded guilty in the indictment), called and essentially confessed the entire plot to one of the plaintiffs in the 'Curling' case, who was smart enough to record the phone call. That call was originally aired by The BradCast in May of 2022.

That plaintiff, MARILYN MARKS, longtime, indefatigable election integrity champion and Executive Director of the non-profit good government group, Coalition for Good Governance, is once again our guest on today's program, as she and her team prepare for trial against Raffensperger and GA, now set by Judge Totenberg to begin on January 9th.

Late last week, Totenberg released a 135-page Opinion and Order [PDF], denying the State's attempt to dismiss the case and setting a trial date. For clarity, she took pains to note: "the record evidence does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation's leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs' case in the long course of this litigation."

In the Order's conclusion, the federal judge emphasized: "The importance of the security, reliability, and functionality of state election systems, classified by the U.S. Homeland Security Department as critical national infrastructure, cannot be overstated in a world where cybersecurity challenges have exponentially increased in the last decade. The dynamics of how a breach in one part of a cyber system may potentially carry cybersecurity reverberations for the entire system for years to come exemplifies the important concerns raised in this case."

But, Totenberg also writes in her ruling that she is unable to order the use of a new voting system for the State, asserting that only the Legislature may do that. Thus, she urges the parties to find a compromise resolution. Nonetheless, as Marks explains today, this same judge, who will oversee a bench trial without a jury, found the old Diebold systems so dangerously deficient nearly five years ago, that she not only found them unconstitutional, she barred their use in any further Georgia elections.

"We've never asked for her to order hand-marked paper ballots," Marks clarifies today. "That ultimately just becomes the default, because state law already says that if the electronic system is not working, hand-marked paper ballots is what you go to. That's what the law says." She notes that Judge Totenberg "has the power to enjoin unconstitutional behavior, and that's what we are asking her to do."

"No amount of software patching is going to fix this Constitutional problem. No amount of so-called auditing. You can't do a real audit with those machine-printed ballots," argues Marks. After an election, only hand-marked paper ballots can be known to have been verified by the voter. Studies have found that voters didn't notice more than 93% of the time when a touchscreen voting system flipped their vote on a computer-printed paper ballot summary.

Last week, in Northampton, PA's elections, similar touchscreen Ballot Marking Devices to those used all across GA were showing voter selections one way on the screen in two different contests, in some cases, but printing the opposite on the paper that gets tallied. Imagine if that occurred in even one precinct next year in GA with Trump on the ballot. That is among the nightmare scenarios Marks is hoping to side-step by forcing the state to finally dump their insane --- and insanely expensive --- statewide system.

She says the solution is simple and inexpensive and can be done immediately. Emergency hand-markable paper ballots are already required at every precinct in the state. Just print more of them, and use the existing scanners in each polling location to tally them. "70% of Americans vote this way. This is not hard," Marks asserts. "Of course, the State pretends that it would take rocket science to make this happen."

There is, to say the least, much at stake in this upcoming trial, even as it is not receiving nearly the amount of attention of the other election-related case underway in GA right now, the Fulton County criminal case against Trump and his co-defendants. On that, we have some news as well on today's program, including...

• An attorney for defendant Misty Hampton, the former Coffee County Elections Director, claims he is the one who leaked video proffers of Powell, Hall, and Trump attorneys Ken Chesebro and Jenna Ellis to the media. But is he really?
• Willis is seeking the jailing of co-defendant Harrison Floyd for attempted witness intimidation. He is among those indicted in the conspiracy for threatening Atlanta election workers Ruby Freeman and her daughter Shaye Moss over false claims that they carried out ballot fraud in 2020.
• And Freeman and Moss are now seeking between $15 and $43 million from former NYC Mayor and Fulton County co-defendant Rudy Giuliani in their civil defamation trial against him in federal court. The Judge in that case has already found Giuliani liable. The D.C. trial set to begin in December against him will now determine how much he'll have to pay to the two women.

Finally, Desi Doyen joins us for our last Green News Report before our Thanksgiving break! We will be off --- from both The BradCast and GNR next week. So we send our best and thanks to everyone! We will return after the holiday...

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A whole lot of climate related political news converges on today's BradCast. [Audio link to full show follows below this summary.]

You'll not be shocked to learn that Donald Trump is still lying to his followers about climate change, clean renewable energy and electrification. No, as he lied during a recent rally in Texas, California didn't experience "blackouts all over the place this summer". We had zero, in fact, thanks to renewable energy and battery storage, and haven't had one since 2020.

Sadly, however, Trump is hardly the only Republican politician willing to hoax his own supporters on behalf of the deadly fossil fuel industry which funds so much of the party. At last week's GOP Presidential Primary Debate in Miami --- of all places --- none of the candidates even mentioned climate and, shamefully, neither did the NBC News moderators, who failed to ask a single question about the most existential crisis facing our planet. In Miami!

But the facts about the climate crisis, caused largely by the burning of coal, oil and natural gas, continue to flood in, along with our rising and warming seas, whether any particularly party remains in denial or not. On Tuesday, the U.S. Government released its Fifth National Climate Assessment, a 37-chapter, 2,200-page report which includes an interactive atlas that allows users to zoom down to the county level across a nation where warming is far outpacing the global average.

Climate related disasters are touching every corner of the country, and --- in addition to lives lost --- it's costing an extraordinary amount of money. Last year alone cost U.S. tax payers $178 billion in damage from climate-fueled storms, wildfires and droughts, etc. The new report, as terrifying as it may be, is also hopeful, as it details how it is still not too late to implement already existing tools to mitigate at least the worst of the dangers still to come.

And, on Tuesday, the world may have received a big boost toward that goal, with an announcement by the U.S. and China, in advance of President Biden's meeting today with President Xi Jinping, that the two nations have agreed to jointly ramp up the use of wind, solar and other renewable energy in hopes of displacing fossil fuels in the near future. That's a big deal, as both countries agreed to "pursue efforts to triple renewable energy capacity globally by 2030."

But how do we overcome GOP fossil-fuel funded intransigence (and lies) which have made China very wary that any agreement struck now with the U.S. may not be honored if Democrats are displaced from the White House in the future?

That remains a challenge. But there may be a glimmer of hope for the GOP, as a recent op-ed at The Hill details "The global climate solution Republicans have been looking for". What is that solution? A bill recently introduced by three Senate Republicans --- Bill Cassidy (LA), Lindsey Graham (SC), and Roger Wicker (MS) --- called the Foreign Pollution Fee Act of 2023.

What would it do? It would impose a fee on imports of certain carbon-intensive products manufactured in nations without the same kind of environmental regulations that make similar products more expensive to produce in the U.S. Several weeks ago, the European Union announced a similar tax that puts a fair price on carbon emitted during production of goods that are imported into the EU. They call theirs a Carbon Border Adjustment Mechanism.

Its sounds kind of geeky, but only because it is. It would, however, according to my guests today, both help to lower emissions around the world and bring overseas jobs back to the U.S.

We're joined today by MATTHEW LEE, author of the aforementioned opinion piece at The Hill and a Federal Policy Specialist at the non-profit Evangelical Environmental Network (EEN). We're also happy to be joined by REV. DR. JESSICA MOERMAN, President and CEO of EEN, which has long carried out the mission of educating and mobilizing evangelical Christians to reclaim the Biblical mandate of caring for creation and working toward a healthy, stable climate.

Lee explains the Republicans' policy proposal, how it would work, and what it hopes to accomplish. Moerman, who, as it turns out, is also (helpfully) a Ph.D. in Earth and Atmospheric Sciences, also offers her insights into this week's alarming Climate Assessment Report. She was at the White House on Tuesday when the report was released, and when Biden announced $6 billion in new investments to help mitigate the worst of the climate challenges we are all facing.

"For many decades, our country has had higher environmental standards than other countries," Lee tells me today. "American products are among the cleanest in the world. The problem is that because our companies are held to higher standards, there's an incentive for companies to offshore their factories and take advantage of looser regulations abroad in order to increase profits. This is a problem that a carbon border adjustment or foreign pollution fee, or whatever you want to call it, addresses. If companies have an incentive to offshore their factories to take advantage of looser regulations abroad, let's just charge them a fee when they want to import their products back to the U.S."

"Fossil fuel pollution killed 8 million people around the world --- that accounts for 1 in 5 deaths --- in 2018," Lee says. "If there's any way that we can use our policies to incentivize foreign governments to do better in protecting the health and lives of their citizens and children everywhere, that's something that we should get behind. That's something that Republicans would totally get behind, evangelicals, and anyone who really cares for the health and lives of people around the world."

For her part, Moerman assures me this Republican proposal has no poison pills we might otherwise expect from a "Republican climate bill". "I understand your skepticism," she says. "As we are looking at policy options, we always look at, first, does it defend life? Does it make sure that it's defending the health and livelihoods of all people? Does it protect the environment or, as we see it, God's Creation? And, also, does it support those family-sustaining careers in the clean economy? This one checks all of those boxes."

In speaking about evangelical community's move to the political right in recent decades, Moerman contends "we are seeing a real shift in our community. As evangelicals, we are people who take the Bible seriously. That means we also have to take seriously our biblical mandate to care for God's Creation." She explains that progress is being made in her community "whenever we talk about it in this framing. Take climate out of the partisan political space, the culture war space, and really root it in scripture, in our faith of following through on our values of honoring God, by taking that stewardship mandate seriously. And also loving our neighbor by ensuring that they have that healthy environment and safe climate to thrive in."

Will it work? Will Republicans in Congress take hold of that mandate when, as Moerman notes, "20% of deaths [across the world] can be attributed to fossil fuel pollution"? She says the U.S. steel, aluminum and even oil and gas industry is supporting the bill, "so that should make Republicans pay attention."

We'll see. I remain skeptical, but hopeful. Lee says that Wicker has taken his name off the measure, so we'll see if that is a bad omen. But, we've got to do something, at this point, and we need to do it fast. At least if "God's Creation" might have a chance of surviving our ever-worsening climate nightmares...

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Today's BradCast picks up, by and large, where yesterday's show warning, left off. [Audio link to full show follows this summary.]

Among the stories covered today...

• First up, it looks like the U.S. House has passed a Continuing Resolution to temporarily fund the federal government through early next year in advance of this Friday's otherwise scheduled shutdown date. With the farthest right of the GOP House conference balking, of course, Democrats were once again needed to save the day to pass the measure, which now heads to the Senate for likely adoption. New Speaker Mike Johnson's move is the exact same thing that got then Speaker Kevin McCarthy tossed from his Speakership by the extremists in his own caucus. Johnson, however, is apparently being given a pass, for now.

• Then, we return to my argument from yesterday regarding the failure by most of the corporate media to properly inform the electorate about the two currently most likely candidates to win next year's 2024 Presidential nominations. In the case of President Biden, media are failing to accurately and proportionately report on his remarkable successes. In Donald Trump's case, they are still not fully covering the very real threat his own promised policies for a second term present to the nation.

  But some are getting it, including former Republican Congressman turned morning show host Joe Scarborough and his guest yesterday, global politics Professor Brian Klass. After Scarborough cited Trump's recent Nazi-like rhetoric for what it is, Klass made clear, in no uncertain terms: "I study the breakdown of democracy, and I don't know how to say this more clearly: We are sleepwalking towards authoritarianism, and people are not waking up to this."

• After receiving blow-back for Trump, at a Veterans Day rally over the weekend, describing his perceived domestic enemies as "vermin", just as Hitler and Mussolini did before him, Trump Campaign spokesman Steven Cheung attempted to reject the criticism from some corners over the remarks...by doubling down in a statement promising that Trump opponents' "entire existence will be crushed when President Trump returns to the White House.” --- Not really helping, Steve.

• Moreover, after a number of chilling recent news reports cited Trump's own vows, along with his campaign's and affiliated outside rightwing groups to create extremist plans for a second term in office --- including promises to prosecute, jail and even execute opponents and to construct major "camps" to hold millions of immigrants and homeless Americans --- his Campaign's co-managers, Susie Wilies and Chris LaCivita, issued a statement hoping to downplay detailed policy plans issued by anyone but the campaign as "purely speculative" and "merely suggestions". Unfortunately, many of those plans have been discussed with media by former top White House officials and Trump loyalists like Stephen Miller at the suggestion of the Campaign itself. And, as the New York Times observes, "the most incendiary rhetoric and proposals have come from Mr. Trump’s own mouth."

• A judge in Michigan, just before airtime today, rejected a challenge to Trump's candidacy under Section 3 of the 14th Amendment, which bars those from public office who, after taking an oath to defend the Constitution, “engaged in insurrection” against it. Despite the repeated historical use of the Amendment over the last 150 years or so since it's adoption, the judge claims that Congress must act before it can be used to block a Presidential candidate from the ballot. (After tonight's show, with more details now out, it is clear that --- as with last week's ruling by the Minnesota Supreme Court in a similar challenge --- the judge's ruling is only in response to Trump's placement on the primary ballot. Both courts have left open further challenges to Trump's viability in a general election. Also, as with last week's Minnesota decision, the petitioners have vowed to immediately appeal the decision to a higher court.)

• Meanwhile, Trump's criminal defense team in the Georgia conspiracy case against him and 18 others for attempting to steal the 2020 election in the Peach State, appears to be the source of leaked videos of three former Trump attorneys (Ken Chesebro, Sidney Powell and Jenna Ellis) and Atlanta bail bondsman Scott Hall. Each have pleaded guilty in the case and have agreed to cooperate with prosecutors against the other defendants. The selective videos, leaked to both ABC News and Washington Post, are of the four defendants being interviewed by Fulton County prosecutors just before they copped their pleas. They reveal a number of new details in the case, but appear designed to undermine their witness testimony, send a threatening message to other potential cooperators and witnesses, and otherwise highlight Trump's expected defense in the case. Fulton County D.A. Fani Willis is now seeking an emergency order from the judge to prevent any further leaks of discovery evidence. The judges in Trump's other criminal cases would be wise to take notice of what he appears to be doing in Georgia.

• The U.S. Government released a massive, 2,200-page report today, its Fifth National Climate Assessment, finding that climate warming in the U.S. is now outpacing the global average and warning that every part of the country is being adversely affected by worsening heat waves, drought, wildfires, heavy downpours, and more. Minority communities are being disproportionately harmed. The cost of climate crisis damage to Americans is now averaging more than $150 billion each year, with last year clocking in at $178 billion. Along with the release of today's report, President Biden announced $6 billion in new investments --- paid for by the Democrats' Inflation Reduction Act and the Bipartisan Infrastructure Act --- to "make communities across the country more resilient to climate changes...focused on key climate goals, including modernizing our aging electric grid to withstand extreme weather...Reducing flood risks to communities. Improving drought resilience. Support conservation for our national parks...And advancing environmental justice for disadvantaged communities, because they’re the ones always left behind."

• Finally, Desi Doyen joins us for our latest Green News Report --- for which the new National Climate Assessment came in too late today --- to report on last week's GOP Presidential Primary debate in Miami(!) which failed to even mention climate change; Australia's new treaty with the nation of Tuvalu as it disappears for good beneath the rising seas; and much more...

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With Democrats still wetting themselves over last week's NYT/Siena polling showing Donald Trump beating President Biden a year from now in five of six swing-states, we finally carved out some time on today's BradCast to dig into the matter.

After a few news headlines, it's on to "that polling" that has freaked out so many regarding Biden's odds next year. It has spawned a thousand explanations. But mine, in short, is not unlike Margaret Sullivan's at The Guardian, where she argues that the bottom line is --- whether the polling is accurate or not --- the media are failing to accurately inform the American people. Not about the "horse race", but about Biden's accomplishments in office and the unprecedented dangers of Trump's vow to move the U.S. to become an authoritarian regime if he is allowed back in office.

President Obama's 2012 campaign manager Jim Messina argues today in Politico there is "no need to panic" over the polling numbers, based on his experience presiding over similarly grim numbers for the incumbent Prez back in 2011, when data guru Nate Silver suggested Obama was "toast" a year out from the election (which he ended up winning); New York Times Magazine gave him just a 17% chance of prevailing (apparently he beat those odds); polling by Politico showed Obama tied with Mitt Romney in 10 battleground states (Obama would go on to win 9 of them); and a December 2011 Gallup poll showed Obama losing to Romney across 12 battlegrounds states (he ended up winning 11 of them.)

In short, polling this far out doesn't mean much. But there are still plenty of reasons to be concerned. And plenty of reasons to spend time not on the horse race, but on the FACTS that Americans apparently aren't receiving from their mainstream media outlets. The FACTS of Joe Biden's extraordinary accomplishments in his first term, rivaling LBJ or FDR, and the chilling FACTS of what Donald Trump himself has vowed to do if he is re-elected, rivaling Hitler and Mussolini. (And, no, that is not hyperbole.)

As we discuss today, here is a new poll from Navigator Research revealing how wildly popular Biden's accomplishments are, whether the American people realize he has implemented them or not. And here is a list of 27 "insane things" Trump has promised, in his own words, to do if he wins a second term. And that list was created in September. He has doubled and tripled down on many of them since then.

After discussing much of the above, we open up our phone lines to listeners today, to get their explanations for all of this. Many of whom seem to get it, but a few, sadly, clearly do not. They are still buying the lies being spun by Trump, Republicans and Fox "News", because real news outlets are doing such a lousy job of telling the real story. The actual FACTS.

Reminder to our friends in the corporate mainstream media: Reporting independently verifiable FACTS, no matter how good or bad they may make any particular candidate look, is not a partisan act. It's your Constitutionally mandated and protected job.

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