Today on The BradCast: Bad news from the DC Court of Appeals for the disgraced former President, though things could get much worse this week depending on how things go at SCOTUS on Thursday. [Audio link to full program follows this summary.]

Among our stories today...

• The unrelenting downpour in Southern California continues for a third straight day, as Los Angeles alone reports more than 300 mudslides since the atmospheric river began pouring in on Sunday, resulting in continuing flash flooding and evacuations throughout the region. Thankfully, there have been no deaths or major catastrophes yet reported, though three were killed in Northern California where strong winds toppled trees as the storm blew ashore on Sunday. It's not yet over, but we're told the sun may finally reappear again in SoCal, at least for a time, on Wednesday.

• Today was the last day to vote in Nevada's all vote-by-mail 2024 Presidential primaries, though few may have bothered. On the Democratic side, President Biden faces little or no competition. On the Republican side, Donald Trump helped rigged the state in his favor with the help of NV state party officials. He's not on the NV Primary ballot, since he objected to the all-mail process created by the state. He demanded caucuses instead. So Nikki Haley will be on the primary ballot, but Trump won't. While Haley won't be participating in the Thursday caucuses, but Trump will. Republican Delegates, however, will only be awarded to the winner of the rigged GOP Caucuses.

• Welp, it took nearly a month, but a three-judge panel on the D.C. Court of Appeals finally released their long-awaited ruling on whether Presidents have immunity against any and all criminal charges for crimes they carry out while serving as President. That is what the four-time indicted former President is arguing. And, to the shock of pretty much nobody, the court ruled in a unanimous, very thorough 57-page decision [PDF] today, that, nope, a President may not avoid criminal consequences for, by way of an example Donald Trump's attorney defended in court last month, ordering Seal Team 6 to murder a political rival. While the ruling was not surprising, it was successful for Trump, at least in part, by delaying his previously scheduled March 4th federal trial on four felony counts [PDF] related to his many attempts to steal the 2020 election. The D.C. panel struck down every single argument made by Trump and ordered the case to be returned to the trial court unless the defendant appeals the ruling to SCOTUS by Monday. Of course he will. The only question for the moment is: will there be enough votes at the corrupted rightwing SCOTUS to bother even hearing this dumb case.

• Then, we're joined by BRAD BLOG's longtime legal contributor ERNEST A. CANNING to discuss both today's Immunity ruling and the arguably far more consequential matter that will be heard by the U.S. Supreme Court on Thursday. The Supremes will hear oral argument for and against the case for disqualifying Donald J. Trump from the ballot under Section 3 of the 14th Amendment, the "Insurrectionist Disqualification Clause". The specific case, Trump v. Anderson, is named for the 91-year old Republican, Norma Anderson, who is one of six Republican and independent voters that sued under 14.3 in the state of Colorado to bar Trump from the state's Presidential ballot. They were successful. The CO Supreme Court barred Trump in a very well argued (and very conservative) ruling [PDF] late last year, pending a decision from SCOTUS. In the month since the Justices agreed to hear the case, as Canning writes this week, no fewer than 50 amici (friend of the court) briefs have been filed both for and against the Constitution's post-Civil War ban on insurrectionists serving in public office.

  Canning cites several key points offered in the various briefs from a host of scholars and experts, and we preview the questions likely to be up for debate during this Thursday's landmark hearing. The eventual opinion issued by SCOTUS could determine whether Trump is barred from the Presidential ballot in all 50 states. And what might happen then?

  Canning argues that if you follow conservative "textualist" and "originalist" doctrine, "what the intent was, what the actual language was" by the framers of the 14th Amendment, "there's no way you can come to a decision other than the fact that Donald Trump is disqualified within the meaning of the statute."

  That largely matches conventional wisdom suggesting the Constitutional case for banning Trump from office is pretty rock solid legally. Nonetheless, most of those media pundits and legal experts also tend to argue that the former President's friends and appointees on the High Court are likely to conjure up some sort of jiggery-pokery and pure applesauce to allow him to remain on the ballot this year anyway. "That could very well happen here," Canning tells me, before adding: "But I wouldn't bet the farm either direction."

• Finally, Desi Doyen joins us for our latest Green News Report with more on the climate change-related causes of California's historic downpour, Chile's deadly heat and wildfires, and Spain's persistent drought. She also reports on how Europe has avoided Vladimir Putin's energy blackmail, and how Republicans plan to turn back the clock on the Biden Administration's landmark climate achievements if they succeed in winning back the White House in November...

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IN TODAY'S RADIO REPORT: Historic atmospheric river rains down a state of emergency on California; Chile grapples with extreme heat and catastrophic wildfires; Europe is escaping Putin's energy blackmail; PLUS: Republicans' comprehensive plan to dismantle U.S. climate policy if a Republican wins the White House... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Dial it up to Category 6? As warming stokes storms, some want a bigger hurricane category; Biden confronts unfinished business with Ohio chemical train wreck; UN climate chief’s blunt message: Fewer loopholes, way more cash to really halt climate change; Climate activist Greta Thunberg acquitted in protest arrest charge; Ethiopia to prohibit import of non-electric cars; Shuttered coal mine converted into a gravity battery; Big companies cashed in on Mississippi's water. Small towns paid the price... PLUS: The dawn of the clean hydrogen economy... and much, MUCH more! ...

An extraordinarily absurd moment occurred during the past week's "Showdown for U.S. Senate Debate" between California Democratic Reps. Adam Schiff, Barbara Lee, Katie Porter and Republican former major league baseball player, Steve Garvey. The debate was conducted on KTTV Fox 11, the Southern California local affiliate of the Rupert Murdoch-controlled Fox Corp.

In an unsuccessful effort to persuade an evasive and reluctant Garvey to unreservedly state his intent to vote for Donald Trump this year, Fox 11 anchor, Elex Michaelson asked...

The answer to that question may have been a difficult one for the former Dodger. After all, Trump is wildly unpopular among California voters who will vote in the March 5 open primary, even if very popular among the state's small --- and shrinking --- GOP electorate. Garvey hemmed and hawed to avoid answering. "Once a Dodger always a Dodger," quipped Porter at one point in the debate.

But, while the case could be made that Michaelson's question aided Democrats by cornering Garvey, the way he did so was absurd, even before Garvey's evasive response. The question itself recalled some graffiti I once saw on a bathroom wall while an undergrad at UCLA in 1971. It read: "Eat shit. Ten billion flies can't all be wrong."

A somewhat less crude analogy can be found in Germany. The fact that, in 1934, the vast majority of that nation's 66 million people adored a man named Adolf Hitler in no way provides a reason for any objective observer to support that genocidal tyrant.

It's especially troubling that KTTV's parent company is largely responsible for creating an alternative reality --- an Orwellian netherworld --- in which a large swath of the U.S. electorate now resides. The netherworld's residents include many of those "tens of millions of people," cited by Michaelson.

Deception, openly deployed not only by Trump and his Congressional Republican enablers, but also endorsed and amplified by Fox "News", provides the core reason why "tens of millions" of Americans, including two thirds of California Republicans, continue to irrationally support a Hitler-admiring demagogue, who called for "terminating" the U.S. Constitution...

Today on The BradCast: Some very good news about Democrats. Specifically, for the President and the post-pandemic economic recovery. And a bunch of good news about Republicans. At least for those who enjoy watching the fish rot from the head down.

As detailed on today's program...

• Yet more excellent economic numbers were released on Thursday by the Commerce Department, easily beating professional expectations on GDP growth, leading one of those experts to describe the newly released 2023 fourth-quarter numbers as "stunning and spectacular." They are, in fact, just one of the economic indicators that are now better even than the pre-pandemic years, as GDP continues to rise, unemployment remains very low, wages are growing faster than inflation, which is now down below targets set by the Federal Reserve, and the recession that experts predicted for last year is still nowhere in sight. They are the kind of numbers that the former President would have declared as "the greatest economy in U.S. history" and about which TIME Magazine would have put his face on the cover with the headline: "The Man Who Saved the American Economy!" Will any of that happen now that Joe Biden --- who received a rousing endorsement for his 2024 campaign from the half-a-million-strong United Autoworkers Union yesterday --- is the President, rather than Trump? Will anybody in America even hear about these "stunning" numbers and "spectacular" economic growth?

• As to the good news about Republicans, we start with Trump's former Trade Advisor, Peter Navarro. Today he was sentenced by a federal judge in D.C. to four months in prison for two counts of Contempt of Congress after refusing to respond to two 2022 subpoenas from the bipartisan U.S. House Select Committee that had been investigating the Trump-incited January 6, 2021 insurrection at the U.S. Capitol. Poor Peter. Perhaps he'll be cell mates with Steve Bannon who received a similar sentence in 2022 for the same crimes.

• A wildly obnoxious member of the far-right extremist Proud Boys group attacked the D.C. Circuit Court's Chief Judge during sentencing on Wednesday as a "clown" and a "fraud". He received 6 years in prison in return for his part in the deadly January 6 insurrection and for attempting to organize a subsequent attack on the government in Portland, Oregon described as "January 6 2.0".

• But, as the fish rots from the head down, it's rotting GOP state parties outside of Washington as well. There is an ongoing, vicious --- and, at times, even violent --- legal dispute --- between the now-ousted Michigan GOP Chair, election denier and failed 2022 Sec. of State nominee Kristina Karamo, and the bulk of the state party that ousted her --- over who now actually controls the state party apparatus in the critical battleground state. In Florida, the recently ousted state party Chair Christian Ziegler -- hand-picked by Ron DeSantis --- is being investigated by state law enforcement on charges of "video voyeurism", after being accused of rape by a woman with whom he and his wife, Bridget Ziegler, the hypocritical anti-LGBTQ co-founder of "Moms for Liberty", had thrupled with --- and secretly videotaped during sex.

  And this week, on Wednesday, Jeff DeWit, Chair of Arizona's Republican Party, abruptly resigned after audio tapes were released by election denier and failed Gubernatorial candidate Kari Lake in which he appears to be begging her to accept a bribe for not running for the U.S. Senate in the state this year.

  So, that's three GOP state Chairs (the "Party of Law and Order") in three critical swing-states, all being hilariously ousted after allegations of incompetency, sexual battery or bribery within a matter of weeks, in the middle of, arguably, the most important Presidential election year in American history. Keep up the great work, state Republicans!

• Finally, Desi Doyen joins us for our latest Green News Report, as astonishing climate change-fueled extreme weather continues to batter the infrastructure across U.S. cities; ExxonMobil sues its own shareholders so they can try to keep polluting as long as possible; and the U.S. Postal Service finally begins rolling out its new fleet of clean electric delivery vehicles, thanks to demands from climate advocates and funding from Joe Biden and the Democrats...

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IN TODAY'S RADIO REPORT: Astonishing record rain and flash flooding cause widespread damage in San Diego; Despite recent cold, Winter overall is getting warmer in the U.S.; Oil giant ExxonMobil sues its own shareholders to block climate initiatives; PLUS: USPS unveils new EV charging stations and delivery vehicles... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Plastic bag bans have already prevented billions of bags from being used, report finds; Biden vetoes GOP measure to block EV charging stations; Biden pauses LNG approval process; Scientific breakthrough may save northern white rhino through surrogacy; Why the war in Ukraine is bad for climate science... PLUS: Atomic scientists keep 'Doomsday Clock' as close to midnight as ever... and much, MUCH more! ...

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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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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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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Assault weapons bans are still not unconstitutional. For now.

By way of a 2 - 1 decision [PDF] last Friday, a three-judge panel of the U.S. 7th Circuit Court of Appeal has temporarily upheld an Illinois assault weapons ban.

The Illinois Act makes it "unlawful for any person [except "trained professionals" and "grandfathered individuals"] within Illinois knowingly to 'manufacture, deliver, sell or purchase…an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge." The Act expressly applies to the AR-15 and to high-capacity magazines.

The issue came before 7th Circuit via three consolidated cases: Bevis v. City of Naperville, Herrera v. Raoul and Barnett v. Raoul. In two of the cases, Bevis and Herrera, federal district court judges denied motions for the issuance of a preliminary injunction whereas the district court, in Barnett, granted a preliminary injunction.

The 7th Circuit decision, authored by Judge Diane Wood, a Clinton appointee, and joined by Judge Frank Easterbrook, a Reagan appointee, overturned the Barnett preliminary injunction upon the grounds that the plaintiffs in all three cases had failed to establish a strong likelihood of success on the merits. (Michael Brennan, a Trump appointee, dissented.)

While it doesn't amount to a final determination on the constitutionality of the assault weapons ban deployed in the Land of Lincoln, at a time of unbridled carnage --- there have been more than 565 mass shootings in the U.S. over the first 10 months of 2023 --- the reasoning applied by the 7th Circuit majority offers a glimpse, at least, of sanity...

Today was Election Day in a bunch of states across the U.S. Important contests and ballot measures were before voters in this off-year election, including in Ohio, Virginia, Pennsylvania, Kentucky, Mississippi, parts of California and elsewhere. And, as covered on today's BradCast, things did not go well for voters in parts of at least two of those states on Tuesday. [Audio link to full show follows this summary.]

• As we reported at The BRAD BLOG earlier today in some detail, new, unverifiable touchscreen voting machines made by ES&S were reportedly flipping votes in Northampton County, Pennsylvania. This wasn't the type of "flipping" that we've seen many times in the past, where the screens on the voting system are not calibrated correctly and when one tries to select a candidate, a different one gets highlighted instead. This was quite different.

  At a number of precincts across Northampton, a largely suburban enclave outside of Philly, when voters selected either "Yes" or "No" in a statewide retention election for each of two judges (one D and one R), everything presumably worked as expected. But if voters chose "Yes" for one of the judges and "No" for the other, their votes would get reversed to the opposite selections. Making matters worse, the computer printout of those votes would be reversed, while the screen itself would show the voters' actual selections.

  Back in 2019, as we reported at the time, just after the ES&S ExpressVote XL systems --- wildly expensive computerized electronic pencils --- were first purchased for use in Northampton, there were a number of candidates who learned after the election they had received ZERO votes on them. That, of course, was not true, and the paper printouts from the systems were eventually used to discern what were believed to be the correct results of the elections. But, of course, there is no way of knowing if the printed paper records were actually accurate, whether voters bothered to verify them, or if they did so correctly even if they tried to. That's just a few of the problems with every touchscreen Ballot Marking Device (BMD) used across the country. (For example, every voter at every polling place in the entire state of Georgia is still forced to use similarly unverifiable BMD systems made by Dominion Voting Systems.)

  Shamefully, after the 2019 disaster, PA's Northampton County didn't dump the machines then and there and move to verifiable hand-marked paper ballots instead. Today, those same systems melted down for voters again. And, perhaps even more shamefully, the County officials who approved them for use in the first place were blaming everybody but themselves for it, including election officials and ES&S. Perhaps most shameful of all, one of the candidates who, in 2019, was reported to have received "zero" votes in his election at the time for Northampton County Judge, but later found that he had actually won the election, presided over what to do about today's mess. After the problems came to light, he was the Northampton County Judge who, rather than ordering a move to hand-marked provisional paper ballots, instructed election officials to continue using the machines despite the fact that they were reversing votes.

  One local outlet reporting on the mess described today's "solution" to the problem this way: "In cases where the error would pop up for the retention question, the county would flip the results during the post-election canvass." (!!!)

  As noted, this is just a mess. Much more on all of this on today's show. And, I suspect, we'll be covering it more in the days ahead. Let's hope there are no close elections either statewide or in Northampton when PA results are tabulated tonight.

• Also today, it is being reported that, according to several nonpartisan voting rights groups, "an extraordinarily high number" of voters in the zip code of Ohio State University never received their requested absentee ballots by mail. The state held a critical election for a Constitutional measure today to protect abortion rights, as Republicans in the state, including its Sec. of State Frank LaRose, have pulled out all the stops to block the Amendment from passage (including recently purging 26,000 voters quietly from the rolls after the election had already begun.) There is also a proposal to approve recreational marijuana on Tuesday's ballot. Once again, the results, whatever they may be, better not be close, or there will be some hell to pay in the Buckeye State, I suspect.

• In Wisconsin, Republicans appear to be working hard to ensure chaos for next year's critical Presidential election in the Badger State. State Assembly speaker Robin Vos, last week, advanced 15 articles of impeachment against the state's top election official, as part of their years long effort to blame someone --- anyone! --- for Donald Trump's 2020 loss in the battleground state.

• And, speaking of 2020, Mark Meadows, Trump's former Chief of Staff and current co-defendant in the conspiracy case against them and 17 others for attempting to steal the Presidential election in Georgia, is being sued by his own book publisher. The publisher, All Seasons Press, claims that Meadows' reported cooperation in Special Counsel Jack Smith's federal indictment against Trump for his attempt to steal the 2020 election, contradicts Meadows claims in his book that the election was "rigged" and "stolen". ASP is now suing Meadows for millions. And it's hilarious.

• Finally, Desi Doyen joins us for our latest Green News Report, as Australia braces for another record bushfire season amid an El Nino; October 2023 is officially declared the hottest October ever recorded on the planet; Michigan enacts sweeping climate and environmental legislation; and President Biden unveils the nation's largest investment in rail travel in 50 years...

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Tomorrow is a so-called "off-year" election in a number of states. But several of those elections may tell us quite a bit about the 2024 elections, and not necessarily in the way you may think, as reported on today's BradCast. [Audio link to full show follows this summary.]

Among today's stories...

• First up, some quickish news updates. Donald Trump took the stand on Monday in court in Manhattan for three and a half hours of contentious testimony in his losing battle to save his fraudulent company and his children's inheritance in New York State's $250 million fraud lawsuit against them for falsely inflating Trump Organization assets to the tune of $2.2 billion dollars each year from 2011 through 2021. He's already lost the case. Now the question is how much it will cost him (and his children.)

• Next, a few quick updates on Israel's relentless war against the people of Gaza following the Hamas attack against Israel on October 7, which killed at least 1,300. Now, more than 10,000 have reportedly been killed in response in Gaza, including more than 4,000 children. Calls for a ceasefire are getting louder in the U.S. and around the world. The Biden Administration's calls and Sec. of State Antony Blinken's shuttle diplomacy in the region for a "humanitarian pause" to speed additional humanitarian aid into Gaza and allow the release of some 240 hostages, have yet to gain much traction from Israel's hard-right government.

• Then, it's on to Tuesday's elections, first with a focus on two Gubernatorial contests in the Deep South, with one popular incumbent Democrat (Kentucky's Andy Beshear) seeking a second term, and another Democrat (Mississippi's Brandon Presley) vying for a long-shot victory now that his state, where 40% of the population is black, has finally done away with a Jim Crow law that has dampened African-American turnout for generations.

• We discussed the critical fight for control of the Virginia Senate and House of Delegates last week with former VA Delegate Mark Levine. But it was worth revisiting today for a reminder of how much is stake in the Commonwealth on Tuesday, including the right to abortion, which its Republican Governor, Glenn Youngkin, is vowing to restrict if he can hold the House and flip just two seats in the Senate on Tuesday. Every seat in the General Assembly is up for grabs this year, in what is likely to be seen as a bellwether ahead of the 2024 Presidential contest.

  But the biggest battle of the day is likely to be Ohio's Constitutional amendment to protect reproductive freedoms. Republicans are pulling out all the stops to lie, cheat and, yes, even steal it if they must, to block the popular ballot initiative in hopes of instituting a six-week ban on abortions in the Buckeye State with no exceptions for rape or incest. To that end, Republican Sec. of State and U.S. Senate nominee-wannabe Frank LaRose recently purged some 26,000 voters from the rolls. He did so after overseas and military voting had already begun (which would have been unlawful during a federal election) and without giving a heads up to voting rights groups as he has in the past. Those nonpartisan groups have frequently discovered and prevented thousands of errors in such purges. Last week's shocker, as discussed on Thursday's show, wherein I learned from an obituary on the Internet that I had died (even though, I assure you, I haven't) is a reminder of how easy it can be to wrongly remove "dead" voters from the roles who are, in fact, quite alive. At least when you do it as LaRose has done. But, of course, that's why he did it.

  And, in what may be a bit of a sleeper "bellwether" for next year's elections, one county in Northern California may be bracing for potential political violence, as rightwingers in Shasta County are insisting on hand-counting ballots after prematurely ending their contract with Dominion Voting Systems. But the elected registrar --- the only county-wide elected Dem in the County --- believes it wise to follow state law and tally with new Hart-Intercivic tabulators instead. Tune in for details. And keep your eyes on Shasta over the next few days, as we will.

• Then we close by taking a few calls from listeners on some of the above today. Buckle up! Not as much for today's show or our callers, but for tomorrow's otherwise low-key, but critical elections around the country...

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We begin again on today's BradCast with the latest developments in what AP is now calling the latest Israel-Palestinian war, before catching up with a number of political and climate related issues here at home. [Audio link to full show follows below this summary.]

ISRAEL v. HAMAS:

• On Monday, the leaders of France, Germany, Italy, the U.K., and the U.S. issued an unusual joint statement condemning the "terrorist actions of Hamas" over the weekend, declaring "steadfast and united support to the State of Israel" and recognizing "the legitimate aspirations of the Palestinian people".

• Today, an at-times visibly angry President Biden expressed similar sentiments, decried the weekend’s "atrocity on a appalling scale"; warned against adversaries both at home and abroad who might be tempted to take advantage of the situation for political violence; vowed to help secure the release of American hostages around the world; declared this "a moment for the United States to come together, to grieve with those who are mourning"; promised to uphold the "laws of war", and reiterated that the U.S. "stands with Israel" while condemning the "indiscriminate evil" of the weekend’s attack. He also confirmed that 14 Americans are now confirmed to have been killed as a result of Saturday's surprise assault by Hamas.

• Beyond that, we cover the latest, including escalating death tolls, with at least 1,000 dead in Israel, and at least 800 dead in Gaza, as Israel continues its fourth day of pounding neighborhood after neighborhood in the Gaza Strip with air strikes. More than 200,000 Palestinians have reportedly fled their homes for U.N. shelters, as deliveries of food, fuel, water, electricity, medicine and other supplies to Gaza have been cut off by Israel, as hospitals are said to be running out of supplies, surgical equipment and antibiotics.

• Back home in Congress, the U.S. House remains crippled thanks to Republicans having removed their own House Speaker last week. Given our recent history and the current situation in the Middle East, that might not actually be a terrible thing.

2004 MISCELLANY:

• On Friday, the Wisconsin Supreme Court, after a 4 to 3 vote, scheduled a hearing next week on a voter petition to draw fair legislative maps for the state Senate and Assembly, for the first time in more than a decade. Justice Janet Protasiewicz, whose recent election gave liberals a majority on the High Court for the first time in 15 years, has decided to not recuse herself from the case, even as GOP Assembly Speaker Robin Vos' threat to impeach her if she did so has shown no sign of materializing yet.

• Out here in California, 74-year old former L.A. Dodgers All-Star Steve Garvey announced today that he will be running as a Republican next year to fill the seat held by Dianne Feinstein, who recently passed away. He will be vying for one of the two spots up for grabs in next year's March Primary, in hopes of going on to compete in the November general election. He will have to face off with at least three Democratic all-stars hoping to become the state's new Senator, including Congressmembers Barbara Lee, Katie Porter and Adam Schiff --- and potentially against Laphonza Butler should she decide to run, after having been tapped by Gov. Gavin Newsom to fill the rest of Feinstein's term.

• Robert F. Kennedy, Jr., with much support from Republicans, announced on Monday that he plans to drop out of his Democratic primary bid and run for President as an independent next year. In theory, he will join Cornel West who plans to do the same after leaving the Green Party, and a potential candidate put up for 2024 by the right-leaning "centrist" group calling itself No Labels.

LATE-BREAKING AND FINALLY:

• Republican Rep. George Santos (NY), already facing 13 federal campaign finance-related charges, now faces an additional 10 related to identify theft for stealing donor credit cards to make unauthorized charges.

• Hurricane Lidia spun up quickly before airtime to become a major Category 3 storm as it headed toward landfall on Mexico's Pacific coast near Puerto Vallarta. (Since we've gotten off air, Lidia has spun up even more, making landfall as a Cat 4 with 140 mph winds!) It is the second tropical storm to slam the Pacific coast in two days, following landfall by Max on Monday.

• Desi Doyen joins us for our latest Green News Report, with good news for both striking auto workers and Electric Vehicles, and bad news for India, the children of the world, and your olive oil...

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Woah, Nelly! Today's BradCast may arguably be both the dumbest and most fun ever! [Audio link to full show follows this summary.]

The subject material --- Wednesday night's ridiculous GOP 2024 "Presidential Primary Debate" (if it's even worth calling it that) at the Ronald Reagan Presidential Library out here in Simi Valley, California --- is what makes it dumb.

It featured seven "candidates" --- former Vice President Mike Pence, Florida Gov. Ron DeSantis, former South Carolina Gov. and UN Ambassador Nikki Haley, South Carolina Sen. Tim Scott, former New Jersey Gov. Chris Christie, supposed businessman Vivek Ramaswamy and North Dakota Gov. Doug Burgum --- but not the much-indicted guy who Republicans apparently intend, for now, to actually nominate for the job next year.

Our excellent special coverage panelists --- award-winning blogger and columnist HEATHER DIGBY PARTON of Salon and Hullabaloo, and "DRIFTGLASS" of the Professional Left Podcast from "Flyover Country, Illinois" --- are what make it fun.

Hear Digby discuss the GOP's "Bizarro World alternet universe" and the "big orange elephant in the room"! Hear Driftglass explain the "Doomsday machine with no off switch" and "the smelly wet sock of the mainstream media"! Also, Doug Burgum!

To paraphrase Haley last night, hearing us today may help you "feel a little bit dumber." I'd tell you more, but that would ruin all the fun...and most of the dumbness! Enjoy!...

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Some breaking news just before airtime helped, once again, threw off our best laid plans for today's BradCast. But, given this particularly huge breaking news, we're just fine with that. [Audio link to full show follows below this summary.]

The New York Judge in state Attorney General Letitia James' $250 million civil fraud lawsuit against Donald Trump, the Trump Organization, his eldest sons, Don Jr. and Eric, and two top company executives, ruled [PDF] that they all committed years of "persistent and repeated fraud" to the tune of billions of dollars by inflating the value of company assets when applying for bank loans. They also decreased the value of the same properties to receive favorable terms on both insurance and taxes, according to the ruling.

Judge Arthur Engoron found in favor of the state's key contention during the summary judgment phase of the landmark case on Tuesday, before the non-jury trial is slated to begin next Monday. Trump's attorneys had also sought summary judgement, hoping to see the case thrown out entirely. Instead, the key issue has already been decided against them and Engoron, in a brutal ruling, has stripped the former President, his company, his sons and execs, of control over several of his main New York properties. The Trump Organization and its various LLCs were placed into receivership to be controlled by court-appointed officers!

In the massive fraud suit, James seeks to permanently revoke the Trump family's license to do business at all in New York state. The trial, set to begin next week, will now determine the other issues at stake and the full breadth of penalties. Of course, Trump will appeal everything. But, make no mistake, this is a huge verdict against the failed former President and current 2024 GOP frontrunner who, as validated by Judge Engoron today, has built his business empire on decades of fraud and lies.

Among the many other important stories also covered on today's program...

• Cassidy Hutchinson, star witness at last year's House January 6 Committee hearings and the former top aide to Trump's final Chief of Staff, Mark Meadows, warns that Trump "almost destroyed democracy in one day and he wants to run for President do it again."

• This week's second GOP Presidential Primary debate, at the Reagan Library here in Southern California, will feature the same candidates as last month's debate in Milwaukee, other than former Arkansas Gov. Asa Hutchinson, who apparently did not meet the RNC's criteria. Trump was also not invited for refusing to sign the party's loyalty pledge, but he had already announced he wouldn't participate in any of their debates.

• Labor economist Kathryn Anne Edwards offered a must-listen response to Louisiana's loopy U.S. Senator John Kennedy during a Senate subcommittee hearing last week on post-pandemic child care concerns. While Kennedy suggested he really really wanted to help, he had no idea where, oh, where the federal government could possibly find the money to do so. Edwards' straightforward, well-supported answer: Raise taxes on the wealthy that you've been lowering for the past two decades if you really care about children in need.

• In a related matter on Tuesday, Joe Biden became the first sitting U.S. President, incredibly enough, to join a picket line with striking workers. In this case, he called on striking United Auto Workers members in Detroit to "stick with it," as he rallied workers with UAW President Shawn Fain. On Wednesday, the former President is set to speak at a non-union facility in a "red" county outside of Detroit.

• California Governor Gavin Newsom signed a bill into law today that doubles the tax on sales of guns and ammunition in the state to help pay for increased school safety measures. While the federal government already charges a 10% tax on guns and ammo, California doubled it with one of their own, becoming the first in the nation to do so.

• Bona fide good news today from our corrupted, packed and stolen U.S. Supreme Court. They rejected Alabama's attempt --- once again --- to violate the Voting Rights Act with a racially gerrymandered U.S. House map. Last June, in a surprising 5 to 4 ruling, with Chief Justice John Roberts and Justice Brett Kavanaugh joining the Court's three liberals, SCOTUS ordered the state to create a second majority black U.S. House District. Just 1 of 7 districts is currently a majority minority district despite African Americans comprising more than a quarter of the state's population. But Alabama Republicans, blatantly defying the U.S. Supreme Court, redrew their districts without including a second black majority district as mandated. A federal court panel then ordered a Special Master to draw up a new map instead. Alabama tried to stay that decision at SCOTUS, which unanimously rejected the state today in a one sentence ruling. That is good news for voters and bad news for several other GOP-controlled states trying the same gambit to cheat their way to a Republican majority in the House again next year.

• Speaking of the Republicans' narrow majority in the U.S. House, it appears next to impossible at this hour to believe they will be able to agree amongst themselves on a spending bill to keep the federal government open as of Saturday. At least not without either Democrats saving them and/or House Speaker Kevin McCarthy losing his job as Speaker.

• New Jersey's Democratic Sen. Bob Menendez, federally indicted for a second time late last week on charges of bribery and corruption, maintains his innocence. But the flood of fellow Democratic U.S. Senators calling for his resignation seems all but unstoppable now, with at least six of them --- including fellow NJ Senator Corey Booker --- calling for Menendez to step down. The charges, by the way, would seem to dramatically undercut Trump/GOP claims that the DoJ has been "weaponized" by Democrats against them.

• Finally, Desi Doyen joins us for our latest Green News Report, as New Orleans declares a drinking water emergency; Fracking is "devouring American's groundwater" amid persistent drought in a number of states; and FEMA girds to suspend critical recovery operations in several states if Republicans shut down the federal government as of this Saturday...

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It's a very exciting time for organized labor in these United States, as discussed on today's BradCast, after decades of corporate measures that have succeeded in vastly shrinking union membership and power across the country, along with the power of the American middle class itself. [Audio link to full show follows this summary.]

Late on Sunday, out here in Hollywood, striking film and television scribes from the Writer's Guild of America (WGA), finally came to terms on a new contract with major studio executives to share some of the bounty of record profits the writers have helped those giant corporations make. The tentative deal is described by the writer's union negotiators as "exceptional," including "meaningful gains and protections for writers in every sector of the membership."

Pending likely final approval by members this week, only some film and TV production will be able to begin rolling again --- for example, late-night and daytime shows without actors --- as the more than 100,000 actors of SAG-AFTRA still remain on strike, hoping to see similar financial benefits and protections for their members as achieved by the WGA after nearly 150 days on the picket lines.

In related news, President Biden will be meeting with striking union members from the United Autoworkers on the picket line this week in Detroit, in what is apparently (shamefully?) an historic first for an American President. That will happen on Tuesday, the day before Donald Trump is set to meet with non-union workers at a plant outside of Detroit, in a ruby red suburb this week. (Good luck noticing that part of the story as corporate media outlets seem to be working overtime to "both sides" the two very different appearances.)

At the same time, the Biden-Harris campaign has released a video featuring GOP Presidential candidates Nikki Haley and Tim Scott and a Fox "News" anchor singing Biden's support for union workers.

We've had a very busy news weekend beyond the good news for organized labor and collective bargaining. But I wanted to move that good labor news up to the top today, and take some calls from listeners on it. Some of those callers seemed to have some misconceptions about unions which other callers, happily, were able to rebut in what I believe was an obscenely reasonable conversation for talk radio. My apologies in advance.

We'll try to get to some of the other ongoing stories --- the indictment of Democratic U.S. Senator Bob Menendez (NJ); the House GOP's pathetic plan to shut the federal government down as of this weekend, and more --- in the days ahead. Today, however, seemed a good day to focus momentarily on some good news about organized labor, the struggling middle class, and a newly revitalized stand against major corporations, making records profits, fighting like hell to prevent their workers from sharing in the gains those very workers helped them achieve.

I hope you'll tune in!...

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