"Through its extensive proof, Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox therefore had the burden to show an issue of material fact existed in turn. Fox failed to meet its burden," the Judge found, before using italics and all-caps to emphasize the central point. It "is CRYSTAL clear that none of the [Fox] Statements relating to Dominion about the 2020 election are true."

In a no-uncertain terms defeat for Fox, the 130-page Order [PDF] handed down on Friday by Delaware Superior Court Judge Eric M. Davis found, as a matter of law, that the Fox "News" Network (FNN), during its post-election coverage of the 2020 Presidential Election, published four categories of false statements about Dominion Voting Systems. No evidence was presented by the Republican propaganda outlet to counter those material facts.

The court also found, as a matter of law, that Fox' statements amounted to "defamation per se," a finding that establishes that damages are to be presumed in the voting machine company's $1.6 billion dollar lawsuit.

All of the Fox motions for Summary Judgement to dismiss the case were "DENIED" by the court. Dominion's motion for Summary Judgement on Liability were "GRANTED in part and DENIED in part."

Barring a settlement by the parties, the case is now scheduled to proceed to trial in mid-April. Some of Fox' top stars, including Sean Hannity, Tucker Carlson and Maria Bartiromo are believed likely to be called to the stand as witnesses...

"Industrial-scale defamation is not free speech," our guest on today's BradCast insists, as very real accountability for many liars and scoundrels and fake news con-artists on the Right gets closer with each passing day. [Audio link to full show follows this summary.]

FIRST: The forewoman of the Special Grand Jury in Georgia which recently completed its work in Fulton County, suggests multiple people have been recommended to District Attorney Fani Willis for indictment. "It is not a short list," teases Emily Kohrs about who her panel suggested to Willis should be charged in the investigation of the attempt to steal the 2020 Presidential election in the Peach State by Donald Trump and his top supporters. While Kohrs did not offer specific names, she did say, "you're not going to be shocked. It's not rocket science," before offering other somewhat cryptic --- if tantalizing --- hints.

NEXT: More accountability for right-wing liars. In this case, James O'Keefe, the Republican activist and scam-artist who initially made his name in 2010 by releasing deceptively edited videos which falsely suggested he dressed up as a 70s-era Blaxploitation pimp to walk into ACORN offices for advice on sex trafficking and how to avoid taxes. In fact, he never dressed as a pimp in those office, and never received any such advice. (See our full Special Coverage here.) Years --- and millions of dollars of dark-money later --- O'Keefe is now reportedly out at Project Veritas, his own ironically-named fake news and entrapment organization. Its Board of Directors detailed "financial malfeasance" by O'Keefe, and claims that he bullied staffers. Yes, the scammer who bilked Rightwingers out of millions, using hidden video "stings" to pretend to be a journalist uncovering "waste, fraud and corruption" on the Left, is seemingly undone by his own waste, fraud and corruption. Go figure.

THEN: We're joined by ANGELO CARUSONE, President and CEO of media watchdog Media Matters for America, to discuss Dominion Voting's $1.6 billion defamation suit against Fox "News", after the network's executives, hosts and guests repeatedly offered massive lies to their audience about election fraud following the 2020 Presidential election.

Of course, like us, Carusone has been watching Fox lie on air for years now. So, is there something different this time around? Carusone explains why he believes the revelations from hundreds of insider texts, emails and depositions in Dominion's redacted 192-page brief [PDF], released last week in its motion for summary judgement against Fox, is seemingly very different from the lies that Fox has been caught telling in the past.

We discuss how "for so long the commercial media enabled Fox," allowing it to be regarded as an actual news organization, when it is not. Non-Rightwing corporate media outfits "actually enabled Fox News in a way, by treating them as anything other than the partisan political operation that we all know they are." Carusone argues that what is revealed in the Dominion brief "is so incontrovertible that even the enablers can't engage in the type of enabling --- or even just silence --- that they previously had for too long."

We discuss the "hypocrisy" of Fox' First Amendment defense and their claims that Dominion has "cherry-picked quotes stripped of key context," given that cherry-picking out of context quotes is actually the Fox 'News' business model!

We discuss what the hell happened to formerly respectable --- before joining Fox --- financial news reporters like Maria Bartiromo and Lou Dobbs, who seemed to lead the coverage of phony 2020 fraud claims at the network by featuring Trump's loony attorneys like Sidney Powell and Rudy Giuliani as guests, despite the fact that they had offered less than zero evidence in support of outrageous claims that Dominion's voting systems flipped millions of votes to steal the election for Joe Biden from Trump.

And, perhaps most crucially, we discuss what may happen if Fox loses this one, and how a judgement of $1.6 billion may be the least of the company's problems. "It's not just going to end at the $1.6 billion," says Carusone, "because what ends up happening is that shareholders themselves then begin to sue for breach of fiduciary duty. Because it's very apparent that the Murdochs made misrepresentations about the nature of this litigation for quite some time." While losing the case means losing a lot of money, Carusone argues, "it will set them up for additional litigation that will compound the problem. They won't be able to sustain that from a financial perspective. It puts control of the company in jeopardy."

Additionally, he explains, it will weaken their position with cable companies, from whom Fox currently receive the bulk of its revenue, particularly as advertisers have fled their toxic air to the point where MyPillow guy, Mike Lindell, is now their single largest client. "It's sort of like a Jenga puzzle," Carusone tells me. "Pulling one block is not going to topple it down, but it's certainly going to make it a lot more vulnerable to toppling. And this one is a pretty key part of that piece --- just the tiniest little breeze will probably knock the rest of it over."

FINALLY: We're joined by Desi Doyen for our 14th ANNIVERSARY Green News Report! Yes, we are now officially in our 15th year of independent green news, politics, analysis, snarky comment and connecting the global climate crisis dots over your public airwaves! All thanks, by the way, only to the support of listeners like you!...

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On today's BradCast, we try to keep up with the damage caused both by Hurricane Ian and by the former President's team of fraudsters. [Audio link to full show follows below this summary.]

We begin with a quick update on the still-unfolding devastation of Ian in Florida. After having crossed back into the Atlantic, the storm has gained strength and hurricane status again. It is now aiming for another landfall, this time in South Carolina on Friday. After that, we check in with an old friend who rode the storm out this week in the Sunshine State.

We're joined today from southeast Florida by NICOLE SANDLER of The Nicole Sandler Show --- and, too-occasionally, of The BradCast, where she is kind enough to serve as our guest host from time to time. Nicole tells us she "got really lucky" this time, as she lives in one of the few areas of Florida which wasn't pummeled by a direct hit from Ian, though she reports it still got very wet and windy even where she is.

Naturally, in addition to the weather, we discussed the politics --- including the climate change politics (or, more aptly, the climate change denialist politics) --- of Florida Republicans like Gov. Ron DeSantis, who famously voted against federal aid for Superstorm Sandy when he first arrived as a freshman Congressman in 2013 "before Donald Trump plucked him from the back-bench of Congress where he wallowed in obscurity." What impact will Ian have on DeSantis' re-election hopes against his Democratic challenger this year, former Gov. Charlie Crist? It's too early to say, she notes, but "at least he's not bad-mouthing the President as he takes the money that President Biden has been so freely offering."

And what of Rep. Val Demings' challenge for Florida's U.S. Senate seat currently occupied by Marco Rubio? There is, of course, much to discuss with our old friend today, including the seven Republican U.S. House Members and one U.S. Senator from Florida who have, collectively, accepted more than a million dollars from fossil fuel industry donors, as they try to block the Securities and Exchange Commission from requiring public companies to reveal the financial risks that our climate crisis now poses to their businesses. DeSantis himself, whose own re-election campaign has taken more than $800,000 from the industry, has even gone so far, according to The Lever today, to "spearhead an initiative to bar his state from considering environmental factors such as climate risks in its investment of billions of dollars of retirement savings of teachers, firefighters, and other government workers."

Will this week's climate change-intensified storm change those politics in any way?

Then, from keeping up with Ian, we try to keep up with the attempts at legal accountability for Donald Trump's merry band of GOP "voter fraud" fraudsters. Among our related stories on that today...

• The election worker in Michigan who was charged this week with tampering with voting equipment after he was seen inserting a USB drive into an electronic pollbook system at the polls during the state's August primary.
• Disgraced trump attorney Sidney Powell saw her counter-suit against Dominion Voting Systems tossed by a Trump-appointed federal judge on Wednesday. Dominion is suing Powell in a $1.3 billion defamation suit. The company's complaint is moving forward. Powell's counter-complaint, as of Wednesday, is not.
• And, a federal judge (in this case, one appointed by Ronald Reagan), ruled that a defamation lawsuit against Fox "News" and its former host Lou Dobbs may move forward to the discovery phase. This week, the judge rejected a motion by Fox and Dobbs to toss the case filed against them by a Venezuelan businessman who Dobbs had accused of executing an "electoral 9/11" in 2020, falsely charging the man was somehow linked to Hezbollah and somehow rigged voting systems from both Smartmatic and Dominion to steal the election from Trump.

Next, Desi Doyen joins us for our latest Green News Report, with more on the widespread damage and records smashed by the climate change-fueled Hurricane Ian; a legislative crash and burn for Sen. Joe Manchin this week; a new criminal probe for CA's largest and most corrupt power utility; and the mysterious breaches of the Russian natural gas pipelines to Germany.

Finally, as if that's all not enough, some breaking news at the end of today's show. The wildly corrupt Trump-appointed judge overseeing the former President's attempt to quash the DoJ's criminal probe investigating thousands of documents he stole from the White House and stored at Mar-a-Lago, issued another insane ruling in Trump's favor. This time, she overruled the Special Master --- the chosen by Trump and appointed by her --- who had ordered Trump's attorneys to offer evidence to back up Trump's claims that documents were planted by the FBI and/or declassified by Trump before he took them from the White House. Judge Aileen Cannon also pushed back the deadline for Special Master Raymond Dearie to complete his work until mid-December, despite Dearie's plan to complete his review of the documents in question by mid-October...

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On today's BradCast: It's been a very bad week for the pretend "law and order" rightwingers dumb enough to have been suckered by Donald Trump's 2020 "election fraud" hoax. But it's likely to get still worse for them in the days ahead. That's fine by us. [Audio link to full show follows this summary.]

After a quick update today on the latest grim, and getting grimmer, news out of Ukraine as Russia's Vladimir Putin begins his third week of unspeakable barbarism, here are some of the much less grim stories we actually enjoyed covering today...

• Yesterday, we reported on the ongoing challenge (and emergency appeal filed after a bizarre ruling by a Trump-appointed judge) to North Carolina Rep. Madison Cawthorn's eligibility to run for re-election this year. The challengers, including our guest, Constitutional law expert Ron Fein of Free Speech for People, contend that Cawthorn is ineligible to run for federal office, after having violated the 14th Amendment's ban on those who "have engaged in insurrection" after taking an oath to defend the Constitution. But, no sooner did we get off air when news broke that Cawthorn was charged in NC with driving with a revoked license. Apparently, this is the second time he has been charged with the same crime. Will he face any real accountability for it this time around? The max sentence for that is 20 days in jail in NC.

• On the federal level, Attorney General Merrick Garland insisted today that his Justice Department will "not shy away from cases that are controversial or sensitive or political," telling reporters that "to do that would undermine an element of the rule of law." Glad to hear it. His comments came in response to questions about the DoJ's January 6th investigation and whether Trump and those around him would ever face accountability, as hundreds of low-level insurrectionists have faced charges for storming the Capitol on January 6th, 2021, after being being incited by the disgraced former President and his false claims that the 2020 election was stolen from him.

• Tina Peters, a Colorado elections official arguably incited to criminal acts by Trump's lies, is now facing state charges for them. She is the very Trumpy Republican Mesa County Clerk who recently announced her intention to run for Secretary of State. Peters turned herself into custody on Wednesday night after being indicted this week on 10 counts related to elections tampering. (A perfect resume for a GOP Sec. of State contender!) We've been reporting in detail on Peters over the past year, after she allegedly snuck into a secure facility where voting systems are stored in Mesa County along with accomplices (one of them her Deputy, who was also charged this week), turned off the security cameras, and then made copies of hard-drives with critical and proprietary Dominion Voting System software on them. Dominion's Election Management System software from Mesa was subsequently released, along with passwords to the system, to the Internet a few months later during one of conspiracy theorist and pillow magnate Mike Lindell's "election fraud" symposiums, just as Peters was speaking at the forum. The serious security breach with the public release of that software led to a bit of havoc in California's Gubernatorial Recall election just weeks later, where the same Dominion systems were used in several counties. We revisit the sprawling story of how we got here, as the loony Peters finally appears set to pay a very high price for being dumb enough to buy into Trump's con.

• And then there was more bad news this week for Fox "News" and several of the top clods and dupes who host programs on their various channels. A New York judge denied the motions to dismiss filed by Fox and a number of their top anchors, such as Maria Bartiromo and Lou Dobbs, in the $2.7 billion defamation lawsuit filed against them and conspiracy theorist/grifter attorneys Rudy Giuliani and Sidney Powell by voting system company Smartmatic. "At a minimum," the judge found in his 61-page ruling, "Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth." That means the case against most of them will now move forward toward discovery and trial. (Several of those "inherently improbable" claims were based on The BRAD BLOG's own accurate, exclusive reporting back in 2010, which Powell, et al, bastardized to fit their pretend theories about massive election fraud.) Interestingly, the judge also cites a bit of accidentally responsible reporting from Fox star Tucker Carlson to underscore just how irresponsible the others were, in the judge's "finding that there is a substantial basis that Fox News acted with actual malice." The New York ruling follows a similar one from a judge in Delaware last December, who also rejected motions to dismiss from many of the same clowns in Dominion Voting Systems' separate $1.6 billion defamation lawsuit.

• In Texas, which held this year's first-in-the-nation midterm primary elections last week, AP finds that an extraordinary 27,000 mail ballots --- from both Democrats and Republican voters --- were flagged for rejection under the Lone Star State's new voter suppression law passed last year in pretend response to Trump's claims about a stolen 2020 election. The initial rejection rate was approximately 17% statewide and substantially higher in a number of large, Democratic-leaning counties. That, compared with a statewide rejection rate of about 1% of absentee mail ballots back in 2020.

• Finally, Desi Doyen joins us for our latest Green News Report, with more disturbing fallout (and, maybe, some theoretical upsides) regarding energy and security in the wake of Russia's horrific invasion of Ukraine...

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Among the many stories on today's busy BradCast: How Lou Dobbs' once formidable Election Integrity reporting at CNN turned into his own demise 15 years later at Fox "News"; Donald Trump's second Impeachment Trial begins this week with his attorneys making legally and Constitutionally indefensible claims; And Democrats offer a massive, much-needed measure to shore up our faltering system of democracy --- but it needs an important fix. [Audio link to full show is posted below summary.]

First up...following Smartmatic's $2.7 billion defamation lawsuit [PDF] filed against Fox "News" and three of its anchors --- Lou Dobbs, Maria Bartiromo and Jeanine Pirro --- last Thursday, the rightwing propaganda network suddenly and unceremoniously cancelled Dobbs' show the very next day.

Ironically, when Dobbs' was at CNN more than a decade ago, his show was largely the only mainstream broadcast media outlet to offer real, investigative coverage of serious concerns about computerized voting and tabulation systems, and the private corporations who had taken over so much of our public elections. His show delved into legit concerns about Smartmatic's relationship to Venezuela, among other things, resulting in a Treasury Dept. investigation at the time. It ultimately helped lead to the sale of a company named Sequoia, which Smartmatic once owned.

Some of the material his CNN show intelligently covered in the mid-aughts informed some of my own exclusive investigative reporting at The BRAD BLOG from 2008 to 2010 detailing, among other things, Dominion Voting Systems purchase of Sequoia some years later. That deep-dive reporting from 2010, ten years on, was subsequently re-imagined and bastardized by Team Trump to become the basis for their irresponsible, inaccurate and evidence-free claims regarding Dominion and Smartmatic and Venezuela (and the late Hugo Chavez) having stolen the election from Trump. In turn, those false claims have now resulted in Dobbs' own demise at Fox, even though he's the one guy at the Republican misinformation outlet who should have known better. Perhaps he did, but as a dyed-in-the-wool Trump sycophant, he didn't care. We cover the irony (and stupidity).

Speaking of stupidity, Donald Trump's Impeachment Trial defense attorneys filed their final pre-trial brief [PDF] on Monday, falsely claiming, once again, that the Trial itself is in violation of the Constitution (which it isn't, even according to well known conservative Republican Constitutional law experts) and that the former President was merely exercising his First Amendment free speech when instructing his MAGA Mob supporters to "fight like hell" the day they took him up on it and attacked the U.S. Capitol, resulting in five deaths. We discuss how the Trump argument fails in advance of his second Impeachment Trial beginning on Tuesday, and the Democratic House Managers response [PDF] to it.

In not-unrelated news, Reuters is reporting that the Georgia Secretary of State's office has opened an official investigation into Trump's attempts to steal the election in the Peach State.

Then, in the wake of Trump's failed attempt to steal the Presidential election with unfounded claims of mass voter fraud, Republicans in state legislatures across the country are attempting to institute hundreds of new restrictions on voters and voting. But Democrats at the federal level have an antidote to that predictable new wave of attempted suppression by GOPers.

We're joined today by BRAD BLOG legal analyst, attorney ERNEST A. CANNING to discuss his recent, deep-dive analysis of the Democrats' H.R.1. bill, known as the "For the People Act". The massive, 800-page bill, provides a lot of long-overdue reforms for voting and fair elections; ending dominance of big money and dark money in politics; and re-enforcing disclosure and ethics reform for members of Congress. On the voting front, it improves access to the voting booth by creating automatic voter registration across the country; restores voting rights for former felons; expands early voting; simplifies voting by mail; restores the Voting Rights Act gutted by the US Supreme Court in 2013; blocks mass voter roll purges like those seen in recent years in Ohio, Georgia and elsewhere; bars partisan gerrymandering by instituting independent Redistricting Commissions to draw Congressional District maps, instead of the partisan gerrymandered State Legislatures who currently draw them; and includes a call to enfranchise some 700,000 currently unrepresented residents who live in our nation's Capitol by making Washington D.C. the 51st state.

The critical measure also mandates --- sort of --- something that we have called for for a very long time: The option for all voters to vote on verifiable hand-marked paper ballots. Unfortunately, as Canning explains, this one point where the current text of the bill fails. While it mandates that voters must have the option to vote on a hand-marked paper ballot, it does not require that option be made available to voters at the polling place! That means that Election Officials can easily follow the letter of the bill's mandate by saying: "Sure! We offer the option for voters to use a hand-marked paper ballot, instead of 100% unverifiable touchscreens. Voters who wish to do that can simply vote by mail if that's what they prefer!"

That is decidedly not good enough, as we discuss, leaving a gaping loophole to help assure we have unverifiable elections in this country for decades. But is it that a serious enough flaw for Election Integrity advocates to oppose the entire measure, in lieu of amended language to that portion of the bill? And, either way, is it even possible for a bill like this to ever be adopted in a 50/50 U.S. Senate without ending the anti-democratic legislative filibuster once and for all?

Finally, on a sad note, another Republican Congressman, Ron Wright of Texas, has died "from health complications following his COVID-19 diagnosis two weeks ago. The passing of the second-term Congressman follows the death of Rep.-elect Luke Letlow of Louisiana, who died from COVID just days before the start of the new Congress. And another long-time Republican member of the U.S. Senate, 86-year old Richard Shelby of Alabama, has announced his intention to retire when his term ends in 2022. He is the fourth incumbent Republican in the upper chamber to bow out rather than run for re-election in the next mid-terms...

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We keep trying to move on from Trump on The BradCast. But his crimes, his criminal supporters, the growing terrorist menace they pose, not to mention the billion dollar lawsuits that keep coming in against the suckers who fell for and/or promoted his phony, sore loser "stolen election" conspiracy theories, are not making any of it easy. This is gonna take a while.

First up today, in advance of Trump's second Impeachment Trial next week, the Democratic House Impeachment Managers today invited the disgraced former President to give testimony under oath. The man who has never turned down the chance to be the center of the attention, turned down the offer. His lawyers call the invite "a political stunt". But, of course, since Trump can't help but lie, it's probably very wise that he has decided to not get himself into even more legal trouble than he is already facing.

At the same time on Thursday, Smartmatic, a small voting machine company that Team Trump attorneys Sidney Powell and Rudy Giuliani falsely claimed to be interchangeable with their competitor Dominion Voting Systems, and somehow behind theft of the 2020 Presidential election, pushed back hard. The company which, in the U.S., does business in only one county (Los Angeles, where they received a contract to build it's new voting systems used for the first time last year), sued Fox "News", three of its hosts (Lou Dobbs, Maria Bartiromo and Jeanine Pirro) for $2.7 billion. The suit also names Giuliani and Powell as defendants. They were each, separately, similarly sued for $1.3 billion each by Dominion recently.

Smartmatic's voting systems played no role in any of the battleground states where Team Trump has baselessly claimed the election was stolen from him. Their 285-page lawsuit [PDF] filed today, however, like those filed to date by Dominion (more are likely to be coming soon) against Giuliani and Powell, charge defamation and ensuing loss of business, after Fox, its hosts and Trump's attorneys all repeatedly made false claims based on their re-imagined reporting by The BRAD BLOG. My 2010 investigative exclusive regarding Dominion and a company they purchased which was once owned by Smartmatic, was accurate. Team Trump and the MAGA Mob Media's bastardization of that reporting was used to spin their own phony, evidence-free story of a massive, worldwide election theft conspiracy --- as we explain yet again today.

Next, in the wake of the January 6 MAGA Mob assault at the U.S. Capitol --- the incitement for which is the basis of Trump's second impeachment --- almost two hundreds perps have been rounded up so far and charged in the deadly attack. Members of a number of far-right extremist and/or racist organizations like The Oath Keepers and Proud Boys have been arrested and indicted on conspiracy charges, and Dept. of Justice officials are said to be mulling the use of RICO statues to cast an even wider net with conspiracy laws initially enacted to help bring mafia kingpins to justice.

The violent insurrection in January, however, was completely predictable. In early December on this program, we were joined by a longtime researcher of terrorism, insurgency and political violence who warned that Trump was setting the stage for coming insurgencies not unlike like the one we all witnessed at the Capitol on January 6. He warned at the time that Trump was "encouraging his supporters to engage in insurgency-like tactics and behaviors," that there are "real-world consequences to this," and that those listening to Trump and his media organs like Fox "News" and even farther rightwing media outlets were "living in an alternate universe", and "going to act on it."

We're joined once again today by that expert, COLIN P. CLARKE, a Senior Research Fellow at The Soufan Center and author of a number of books on international terrorism, to discuss his recent New York Times op-ed warning that, while "the storming of the Capitol on Jan. 6 by a rabid mob of Donald Trump supporters resulted in a failed insurrection...for far-right extremists, including anti-government militias, white supremacists and violent conspiracy theorists, nothing about the insurrection was a failure."

"Not only was it not a failure, at least viewed on the part of the insurrectionists," he tells me today, "but it was entirely predictable. Everything Trump was doing, including his violent rhetoric, was laying the groundwork for this type of political violence."

"It was obvious to any extremism researcher that knows what they're talking about that this was the logical conclusion of where things were headed. The President was stoking the flames. His enablers in the GOP were providing that passive support necessary. And he unleashed a mob, essentially, against his own government," Clarke explains.

But the even more unsettling part is that Clarke, who has studied insurgencies across the globe going back decades, believes that attack has now set the stage for the recruitment of even farther Right extremists and for still more violent events in the near future.

We discuss how both law enforcement officials and lawmakers need to grapple with the emerging threats posed by "a new era" of domestic terrorism; if our current laws are adequate to safeguard against further attacks; and the justifiable concerns that Americans should have regarding the possibility that new measures enacted to combat domestic terrorism, along with those enacted after 9/11 to guard against foreign terrorism, might inappropriately be used against perceived political adversaries of those in power.

"We need to be on guard over the mistakes that we've made in the past. We need to be transparent about what the strategy is going forward....At the same time, some of the lessons we've learned from  the last twenty years fighting jihadists just don't pertain," Clarke says. "For the better part of the past two decades, we've been focused on fighting groups and organizations overseas. Now we're concerned with individuals and movements on US soil. Quite a bit of difference there. Americans have different rights under the law --- including First and Second Amendment --- than we would be talking about if we were analyzing an ISIS network operating in Syria. So there's a lot of care to take as we figure out what to do next."

On an encouraging note, however, he explains that he has "been heartened [by] seeing that the Biden Administration understands the sense of urgency. It's tapped some of the most capable people in this country to lead the charge." He says he expects their work to be "empirically driven" based "on the data", which is "something we didn't see under the last administration, when we had President Trump talking about 'I'm going to designate Antifa as a terrorist group.'"

Finally, for some (believe it not) brighter news, Desi Doyen joins us for our latest 'Green News Report', as Dems take control of the U.S. Senate and vow to act on climate; as automakers drop their attempt to challenge California's vehicle emissions standards; and as coal is predicted to be entirely out of the U.S. power grid in just a few short years...

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The madness continues on today's BradCast. But, midway through the show, SCOTUS put the unanimous brakes on the MAGA Mob's latest greatest hope to overturn the 2020 election, while top Republicans increase their eliminationist rhetoric to foment violence and Trump prepares to hand out pardons like Christmas candy.

A new survey out this week from Gallup finds a huge drop in the self-identified mental health of Americans. Not surprising. Perhaps also not surprising is that, among demographic groups which saw double-digit drops from their previous self-ratings of "excellent" mental health, Republicans and independents were near the top, while Democrats were among those groups identified with the smallest change in their own mental health ratings from previous surveys.

Not sure what that may mean exactly, but somehow it seems relevant today as the Republican Party appears to be mentally crumbling before our eyes as it begins to sink in for them that they've been lied to about Trump having "won" the 2020 election. Or even that they would somehow be able to come up with evidence --- any evidence --- that proves in court that Joe Biden and the Democrats and dead Hugo Chavez somehow stole it from Trump.

Last week, Trump Campaign lawyer and former U.S. Attorney, Joe diGenova, called for a former top DHS official, Chris Krebs, to be "taken out at dawn and shot" because he dared believe the 2020 election was "the most secure in American history." DiGenova and the Trump Campaign and Newsmax TV, the wingnut outlet which aired the Team Trump call to execute a former government official, all now face a serious lawsuit from Krebs.

Over at the old school wingnut outlet, Fox "News", formerly sane business anchor turned racist wingnut drama queen Lou Dobbs broke into a frothy rage while interviewing top White House advisor Stephen Miller because Trump and his party, as Dobbs sees it, aren't fighting hard enough to overthrow the election while "the Republican Party...is watching its blood drain into the streets because they're gutless."

And out in Arizona, where the very Trumpy Republican Governor Doug Ducey has been forced to repel entreaties by the President of the United State to stage a coup and declare the loser President to be the "winner" of the state's electoral votes, the state GOP, chaired by a loon named Kelli Ward, is asking Twitter followers to give their lives (literally) for Donald Trump. The AZ GOP even went so far as to follow up that request with a second tweet that includes a clip of "Rambo" holding an arrow to someone's head, while uttering: "This is what we do, who we are. Live for nothing, or die for something." That, in a state where a gun massacre was carried out in 2011 at a Democratic event that killed six and almost fatally wounded then Rep. Gabby Giffords whose husband, Mark Kelly, just unseated the state's Republican U.S. Senator on November 3rd.

All of that madness came before the U.S. Supreme Court today unanimously rejected the only case to come before the Court to challenge the 2020 Presidential election results. (The Trump Campaign has promised to go to SCOTUS themselves, but hasn't.) The rejected case was filed by U.S. Rep. Mike Kelly (R-PA) and several Pennsylvania state lawmakers challenging the new absentee ballot law that they passed (and voted for) last year as a violation of the state Constitution. The Pennsylvania Supreme Court already strongly rejected the challenge, and this afternoon, mid-show, SCOTUS refused to hear the attempted federal appeal.

But, if some 50 (and counting) failed, evidence-free court cases from Team Trump haven't yet done the trick, and they are unable to spark the violent new civil war they are clearly hoping for, Donald Trump is still busy preparing to give away pardons "like Christmas gifts" to his aides, friends, family and even himself while he still has the chance. As of today, such a pardon appears to have helped the admitted felon and former National Security Advisor Mike Flynn off the hook after he twice pleaded to lying to the FBI (while also admitting that he was an undeclared paid agent of Turkey.) So, in lieu of a violent upheaval --- or maybe along with it --- why not issue Presidential Pardons to all of your corrupt friends, family and business associates on the way out the door? Even before they've been charged with any crime? That appears to be coming very soon at this point.

To discuss the awesome, virtually unchallengeable Constitutional power of the Presidential Pardon, we are joined today again by former Asst. U.S. Attorney RANDALL D. ELIASON of George Washington University Law School. Several weeks ago, Eliason wrote an excellent primer on the scope and recent history (and abuse) of the Pardon power and the PardonPalooza that both he (and I) expect to see in the coming days.

Eliason challenges some of the common wisdom concerning Presidential Pardons (for example, whether it's true that someone who is pardoned loses their 5th Amendment right to refuse to testify about the criminal matter to Congress and law enforcement officials and whether or not a Pardon is actually an acknowledgement of "guilt"); whether Pardons may be legally challenged as corrupt or unlawfully self-dealing and, if so, how exactly; whether a President is Constitutionally allowed to pardon himself; and whether this one is likely to do so (answer in short: of course he is!)

As the news that U.S. Circuit Court Judge Emmet Sullivan dismissed the Michael Flynn case as "moot" just before airtime today, and the news that SCOTUS unanimously declined to take up the challenge to Pennsylvania's electors came during our discussion, we also get Eliason's reaction to both of those breaking matters.

Yes, it's another chocked-full-o-information BradCast, appropriately seasoned, we hope, with just enough snark along the way to help keep you both informed and sane! Good luck!...

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IN TODAY'S RADIO REPORT: Fox 'News' freaks out over The Lorax; Transcanada moves forward on Keystone XL pipeline, and moves against property owners; BP Oil Spill trial on hold; Using the courts to halt air pollution rules; PLUS: Game-changing battery breakthrough for electric cars ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Internal reports show Japan leaders feared "devil's chain reaction", Tokyo evacuation; Monsanto prevails in suit brought by organic growers; Record number of sea otter deaths; Wind Harvester breaks from traditional turbine design; Alliance seeks vast marine reserves in Antarctic; New study maps best/worst places for US renewables ... PLUS: The smoking gun connecting livestock antibiotics and the rise of 'superbugs' ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: In our exclusive leaked audio, climate denial kingpin billionaire David Koch calls NJ's Chris Christie "my kind of guy" and reveals they met privately before the Governor pulled out of a major greenhouse gas initiative; Wednesday's GOP debate goes from science to fiction; Gov. Perry's TX is now the hottest state ever on record! PLUS: The planet is still not listening to Republicans ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Skeptical Science Wins Award for Demolishing Denier Myths; Google Details Electricity Usage of Its Data Centers; Bankrupt Solar Company Solyndra Raided by F.B.I.; Solar PV systems to double on Americans homes by 2016; BP removes tar balls in Alabama; Nobel Winners Call On Obama to Reject Keystone XL Pipeline; Attack of the Monsanto Superinsects; Policing Your Power-Hungry Appliances; Is Obama’s reluctance to mention climate change motivated by a false assumption about public opinion?... PLUS: Climate Change: An Issue This Critical Demands at Least 45 Seconds of Real, Concentrated Panic Each Week ...

Blogged by Brad Friedman from Boulder, CO...

If you didn't happen to pay close enough attention to Ellen Theisen's guest blog on Friday, now that I'm back on the grid (after a few blissful days in the mountains with family friends on the way to Denver here), let me re-iterate the main points of her article quite directly: Diebold has admitted that their tabulator software, known as GEMS, and used all across the country, in at least 34 states, does not count votes correctly.

In fact, it actually loses votes, by not counting them at all, yet gives the system administrator no indication that the votes were not counted. Instead, it tells them that all votes have been counted correctly. This bug has been in Diebold's software --- where it remains to this day-- for years. Diebold has only admitted it now that it's been found by someone else (a number of counties in Ohio, of all places) and with the 2008 Presidential election less than 80 days away. Washington Post's coverage here.

Coinciding with that startling admission, the Election Assistance Commission (EAC)'s Gracia Hillman, one of the two Democratic-recommended appointees, has gone on public record stating that the federal certification testing process is too stringent.

While all of that was made clear in Ellen's blog item, I found both of the above points so remarkable that I wanted to underscore them now that I've finally made it to Denver (or at least Boulder, for the moment), since I was simply stunned to read it myself after getting back on the grid.

Is anybody there? Does anybody care?

UPDATE: CNN's Lou Dobbs Tonight covered the stunning admission by Diebold on their show Friday. Here it is (thanks to Alan Breslauer, as usual!) ...

UPDATE 8:43pm PT: McClatchy's Greg Gordon picks up the ball, and advances it a bit, noting the failure in oversight by the feds which allowed for the failure, as we've been trying to get across here for years. He begins this way...

Blogged by Brad Friedman on the road to Denver...

Congrats to our friend Ellen Theisen of VotersUnite.org for both her tremendous report on private vendors undermining our public elections (about which she guest blogged here yesterday) and her long-overdue appearance on CNN's Lou Dobbs Tonight on Wednesday to discuss it (appx 3 mins, video courtesy of Alan Breslauer)...

Great to see Ellen finally recognized for all the tremendous work that she and BRAD BLOG stalwart John Gideon have been doing for so long at the non-partisan election watchdog Voters Unite!

That said, two minor-ish complaints about the Dobbs segment above...

-- Brad Friedman

As if Sequoia Voting Systems doesn't have enough trouble already, the company now needs some $2 million dollars in cash...quickly. Without it, it is likely to be subsumed by one of its nearest competitors, Hart InterCivic of Austin, TX, as soon as next Tuesday, The BRAD BLOG has learned.

In what could well be a major shift on the American election industry landscape --- and certainly on elections themselves in dozens of states across the country --- voting machine company Hart InterCivic informed the current owners of the beleaguered Sequoia of their intention to acquire ownership of the company in a move which could take effect as early as next week.

The attempted hostile takeover --- which, we've learned, has been quietly in the works behind the scenes since mid-February --- has set off a building panic among the senior management and owners at Sequoia, whose money woes had already led them to schedule a shut-down of their Oakland headquarters. That shop is to close within a matter of months, as the operations for the company are to be consolidated at its Denver offices.

The takeover by Hart is made possible in the wake of a deal made by Sequoia's current owners, SVS Holdings, Inc., with its former owners, the off-shore consortium Smartmatic. Smartmatic was forced to give up control of the company after the media and Congress noticed in 2006 that the company had ties to Venezuela's Hugo Chavez. The officers and owners of SVS are comprised largely of previous Sequoia officials who took over the company after Smartmatic's failed attempt to find an outside buyer in 2006. The deal resulted in an agreement between SVS and Smartmatic for the latter to hold a $2 million note from the purchase. Smartmatic now appears ready to sell that note to Hart as part of a $16 million dollar deal which SVS has a contractual right to match within a 60-day period, ending on April 15th.

Sequoia is believed by election experts to be this country's third largest voting machine company, followed by Hart. The combined operation, should the takeover be completed, could well create a new powerhouse in the industry, displacing #2 Diebold/Premier, and coming up just behind the country's currently largest election vendor, ES&S.

Court documents obtained by The BRAD BLOG reveal that Hart notified SVS of its intention to purchase the $2 million note held by Smartmatic on February 15th, giving the group of owners and share holders of SVS --- including CEO and President Jack Blaine, and VPs Michelle Shafer and Edwin Smith (whose names BRAD BLOG readers may recognize) --- just 60 days to match the offer Hart had given to Smartmatic. As the deadline nears, Due Dilligence processes have begun, and are near the final phases of completion at Sequoia...whether company management likes it or not.

Hart's move has sent Sequoia/SVS executives into a legal and financial tizzy and --- perhaps taking a page from Hillary Clinton's campaign book --- the company seems to be throwing the legal kitchen sink at both Hart and Smartmatic in an attempt to nullify Hart's offer. Court documents reveal arguments that Hart's is not a "bona fide" offer that SVS is legally required to match. So far, however, those legal maneuvers, reflected by a dizzying array of motions and cross-motions, suits and counter-suits --- completely unreported by anyone in the media until now --- have all been summarily and soundly rejected by the Delaware magistrate adjudicating the matter.

Every legal effort by Sequoia and SVS to dispatch with the hostile takeover attempt has failed miserably so far, leading Vice Chancellor Stephen P. Lamb of the Court of Chancery in Delaware to even describe one such legal theory of SVS' as...(big irony alert!)...a "conspiracy theory"!

But while Sequoia faces a plethora of legal liabilities concerning their oft-failed voting systems, Hart InterCivic faces its own share of challenges with a pending --- and damning --- federal fraud/qui tam suit against the company, as unsealed late last month. Moreover, Hart's acquisition plan could face scrutiny from members of Congress and Treasury Department officials, as well as states across the country who thought they had turned over control of their elections to Sequoia, only to soon learn there will be a new owner, not of their choosing, of the secret software and devices which determine the results of their public elections.

While litigation over claims of fraud and failure in both company's voting systems await, so does at least one major prize to the victor of this grudge match: New York state's soon-to-be-completed $100 million deal with Sequoia...or maybe now with Hart...or...whoever...

Following on our report last Saturday of massive voting machine failures that kept voters from voting for hours in Horry County, SC, Kitty Pilgrim, on CNN's Lou Dobbs Tonight (video at left), reported yesterday on plans for SC to use the same machines again in this Saturday's Democratic primary.

At the same time, the Governor and Legislature in Colorado are finally beginning to get it, and simply override the incompetent SoS there, who can't seem to say "E-Voting machines that don't work should NOT be used in elections." So the Legislature appears ready to do it for him.

We're also happy to see the good John Bonifaz, of VoterAction.org, making an appearance to call for accountability (let's get our money back!) from the voting machine companies that have knowingly defrauded America.

And a NOTE TO KITTY PILGRIM: Your reporting keeps discussing "paperless voting machines" in reference to Direct Recording Electronic (DRE, usually touch-screen) machines that have no "paper trail." Adding "paper trails" to such machines is meaningless. They cannot be verified as reflecting the voter intent anymore than on a DRE without "paper trails."

If you stop and look carefully at your own reporting on SC last week, you'll note that the machines would not work at all until noon, as folks were scrambling to vote on scraps of paper, paper towels, etc. Had those DREs had "paper trails," they still would not have worked, and voters still would not have been able to vote on them.

References to "paperless voting machines" imply that machines with "paper trails" are somehow a solution. They are not. Only paper ballots are a solution. This is something that even Rep. Rush Holt's latest "Emergency Bill" doesn't seem to understand, incredibly enough. That bill (referenced in the CNN report above) would give money to jurisdictions to move to paper ballots, but only if they use "paperless" DREs. If they have DREs with "paper trails," however, they would not be eligible for that money under Holt's bill as written, incredibly enough.

Let's be careful what we wish for and/or report on, guys!

Guest Blogged by Alan Breslauer

A Transcript of the segment of Lou Dobbs is below

Guest Blogged by Alan Breslauer

The Bush administration is hell bent on opening up US highways to Mexican truck drivers without much regard for safety, terrorism, drug smuggling or jobs. In fact, the program seems to be uniting a wide range of groups on the left and the right against the administration which claims it will be good for the economy. Lou Dobbs gives his opinion at the 2:45 mark: