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IN 'GREEN NEWS EXTRA' (see links below): Is the CA coalition fighting subsidies for rooftop solar a fake grassroots group?; Why this could be a critical year for electric cars; The slides that shook Boris Johnson out of climate change denial; With new climate strategy, Army aims to prepare soldiers for harsher environments; Comedian Dave Chappelle forces town to abandon affordable housing plan; Feds will spend $1 billion to spur farmers and ranchers to fight climate change; Millions facing severe hunger in Horn of Africa; How billions in infrastructure spending could worsen global warming... PLUS: Nuclear fusion heat record a ‘huge step’ in quest for new energy source... and much, MUCH more! ...

Today on The BradCast: As of this past weekend, the news was much better than expected regarded this decade's round of redistricting around the country. That may have changed in a heartbeat on Monday evening with another horrible "Shadow Docket" ruling from the Republicans' stolen and packed U.S. Supreme Court. [Audio link to full show is posted below this summary.]

But, before we get there today, one additional point on a topic discussed in detail on yesterday's show. We noted that the GOP appears to be eating itself alive, with Trump attacking Pence for not helping him steal the 2020 election, Pence (gently, but finally) pushing back at Trump, and the RNC, at its Winter Meeting last week in Utah, voting to censure its own Reps. Liz Cheney (R-WY) and Adam Kingzinger (R-IL) for daring to join in the probe of the deadly, January 6, 2021 attack on the U.S. Capitol, which the RNC's resolution described as nothing more than "legitimate political discourse".

At the same time, the economy is booming at record numbers under President Biden and Democratic control of Congress. So, given all of that, we asked yesterday why Democrats are thought to be in so much trouble this November? We placed a lot of blame on the corporate media for their often ridiculous, lazy, sometimes out-and-out inaccurate, double-standard coverage of Biden and the Dems. Most notably, as we've been shouting here for months, on the economy, with last year's 6.6 million new jobs simply blowing away all previous Presidents in U.S. history, not to mention the lowest unemployment and highest growth in GDP since the 1980s.

Among the many failures of the corporate media is their reporting on monthly jobs numbers from by the Bureau of Labor Statistics as "disappointing" (including numbers that, when they were even lower under Trump, were described as "robust" or even better). That, as the BLS has, almost every single month for the past year, revised previous monthly new job numbers upward by more than 100,000 and sometimes much much more. Well, the media did it again at the end of last year, when describing "disappointing" new jobs numbers in November and December. Both months, as expected, were revised upward last Friday by BLS, but were largely overlooked by the media. And yet these were no small adjustments!

November's new jobs numbers were adjusted from 199,000 initially to 510,000! And the jobs gain revisions in December went from a "disappointing" 249,000 new jobs to 647,000 — painting a much stronger picture of the labor market than reported over those months last year. If we knew the numbers would be revised upwards last year, with our huge BRAD BLOG World News Headquarters resources, why didn't the corporate media report that appropriately at the time? Of course, they did know, but, for some reason, buried that information along with the record low unemployment numbers and record high GDP growth. Why? Decide as you see fit.

Next, the new decennial round of Congressional redistricting has been looking much better for Democrats (and American Democracy along with them), than previously predicted by experts in the run-up to drawing new maps following the 2020 Census. Last week, Cook Political Report's Dave Wasserman even declared "Dems have taken the lead on" his group's "2022 redistricting scorecard," citing favorable state court rulings and other developments putting Democrats "on track to net 2-3 seats from new maps vs. old ones."

Among the recent new developments, late last week North Carolina's state Supreme Court found that the state's GOP-created Congressional and state legislative maps were partisan gerrymanders in violation of their state Constitution. That ruling followed on a similar one from Ohio's Supreme Court which found the same in the Buckeye State, leading them to order new maps as well. At the same time in New York, one of the few states where Democrats control the process for drawing new maps, three districts were drawn that are likely to flip "red" House seats to "blue" (which has outraged state Republicans, leading them to file a lawsuit against what they see as a "partisan gerrymander" in violation of the state Constitution, despite their party doing the same and much worse in a bunch of states where they control the redistricting process.)

And, all of that followed a recent ruling from a three-judge panel in federal court finding that Alabama Republicans violated Section 2 of the Voting Rights Act with their new House map that drew six White-majority districts and just one Black-majority district, even though Black voters in Alabama represent 27% of the electorate. The three federal judges --- two of them Trump appointees --- ordered a second Black-majority district to be drawn after a days-long trial, including more than a dozen expert witnesses. The three judges unanimously declared in their "meticulous" 225-page ruling [PDF] that "we do not regard the question ... as a close one.”

Nonetheless, on Monday, in a stunning 5 to 4 ruling on the U.S. Supreme Court's "Shadow Docket", without any oral argument, etc., the rightwingers on the High Court stayed [PDF] the lower court's ruling to allow the unlawful racial gerrymander to remain in place for the 2022 mid-terms and perhaps longer. Even Chief Justice John Roberts, who wrote the 2013 opinion that gutted the VRA's critical Section 5 preclearance provision, voted with the Court's liberals. But, Roberts' vote was not enough. All of which tees up the Court, as expert fear, to gut Section 2 of the Act as well.

Since the Court's 2013 decision all but killing Section 5 preclearance of new election laws in jurisdictions with a history of racial discrimination at the polling place, Republicans have claimed that there was always Section 2 that protected against laws with a discriminatory effect in all 50 states, though only after such laws went into effect. Now, experts worry that a full SCOTUS opinion after a hearing later this year on Alabama's racial gerrymander may result in the Court further chopping away at Section 2.

We're joined by one of those experts today. Common Cause's National Redistricting Manager DAN VICUÑA is here to explain both the good news and, as of Monday, very troubling news on the latest round of redistricting, including what the new SCOTUS ruling is likely to mean moving forward, for Alabama, for other states, for the future of the VRA, and for American Democracy itself.

"I think there is within the conservative majority on the Supreme Court a sort of deep skepticism about the Voting Rights Act, which is one of the most effective pieces of legislation to turn back, fight back against our sordid history of racism," Vicuña explains today. "It's been incredibly effective in giving people of color the opportunity to make their voices heard in elections. I think the conservative majority --- at least some of them --- just don't like it very much." And that could be very bad news for American Democracy indeed.

Finally, Desi Doyen joins us for our latest Green News Report, with a boatload of both good and bad (mostly bad, as usual) news on our ever-worsening climate crisis emergency...

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IN TODAY'S RADIO REPORT: President Biden vows Russia's controversial pipeline to Germany won't go forward if they invade Ukraine; Madagascar reels from second deadly cyclone in just two week; World's shrinking glaciers hold less ice than previously thought; PLUS: Bad news and good as new satellite data catches methane 'super-emitters'... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): How Manchin used politics to protect his coal profits; Glorified electric golf carts for all!; Warming oceans leave no safe havens for coral reefs; Texas grid wobbles, but is holding in winter storm (so far); Climate change may be fueling increase in major Northeast snowstorms; Ocean layers losing oxygen due to global warming; The 11 slides that finally convinced Boris Johnson about global warming; In the new world of long-duration battery storage, and old technology holds it own... PLUS: Greenflation: The world isn't ready for climate-driven inflation... and much, MUCH more! ...

Today on The BradCast: On January 6, 2021, Donald Trump and his democracy-hating supporters hoped to exploit the vagaries of the horribly written Electoral Count Act (ECA) of 1887 --- along with several vagaries of the U.S. Constitution itself --- to try and steal the 2020 President election during the joint session of Congress meant to affirm the state certified results of the Electoral College. Now, there is an ongoing bipartisan effort in Congress to modernize and reform the ECA to prevent a similar nightmare in 2024 or beyond. But will even that reform, if successfully adopted, be able to prevent a political party from acting in bad faith to steal a Presidential election in plain sight in the future? [Audio link to full show is posted below this summary.]

But, first up today, before we get to the ECA, Democrats are down to just 49 voting members of the Senate at the moment, after New Mexico's 49-year old Senator Ben Ray Luján, his office announced on Tuesday, has been hospitalized with a stroke after experiencing dizziness and fatigue last week. The statement suggests a full recovery is expected, even as the incident serves as a reminder of the Party's tenuous 50-vote majority in the Senate...as long as everyone is well and Vice President Kamala Harris is there to break any ties. Dems seem to think that Luján will recover in time to support Joe Biden's eventual nominee to fill the Supreme Court seat being vacated by the retiring Justice Stephen Breyer in June.

Also, speaking of the U.S. Senate, we've got a minor update on the landmark Build Back Better proposal that had served for months last year as the $1.7 trillion centerpiece of President Biden's agenda: Senator Joe Manchin (D-WV) says that "it's dead". That, after he killed it at the end of last year following months of negotiations and citing several ridiculous reasons. And while Democrats are hopefully they may still be able to pass Manchin-approved chunks of the bill in the future, I remain dubious that Manchin --- whose family rakes in millions from their coal business, supplying just one single coal plant with waste coal in West Virginia --- will ever allow the measure's critical $555 billion in environmental spending to help tackle climate change to be adopted.

Manchin spent months last year pretending to negotiate "in good faith" on the bill, even claiming repeatedly to support its climate provisions which incentivize the nation's power plants to move from dirty fossil fuels to clean, renewable energy. Even in recent days, Democrats have repeated the notion that Manchin supports at least those provisions of the sweeping measure that would have also expanded healthcare, education, child care, elder care and much more. But if you believe Manchin supports BBB's environmental initiatives, I've got a coal-fired power plant in West Virginia to sell ya. Of course, I hope to be wrong. But I haven't been, so far, on this matter unfortunately.

Next, it's on to the ridiculously written Electoral Count Act (ECA) which was adopted, as our guest today, GRACE PANETTA of Business Insider detailed in her deep-dive report this week, "following the disputed 1876 election between Samuel Tilden and Rutherford B. Hayes, which was marred by allegations of fraud and the disenfranchisement of Black voters." The ECA was passed at the time to help clarify certain aspects of the U.S. Constitution's mandated 12th Amendment process for counting and determining the eligibility of Electoral College votes. But it is so vaguely written --- Panetta cites an ECA scholar who notes that "many of its substantive rules are set out in a single sentence that is 275 words long" --- that Trump and his corrupt team of advisors were able to claim that the ECA allowed for Vice President Pence to pretty much name anybody he liked as the winner of the 2020 election during the joint session of Congress on January 6th.

This week, several coalitions in the Senate --- one, a group of three Democrats; the other, a bipartisan group of 16 Senators including nine Republicans --- are working to rewrite the measure in hopes of both clarifying it and preventing it from being exploited to steal a Presidential election. At least in theory.

As I've discussed on several shows of late, I often go to bed at night pondering the many ways that a political party prepared to act in bad faith --- in this case, Republicans --- can quite easily steal a Presidential election via the Electoral College with literally nothing more than norms, traditions and good faith to stop them. That's a fact, no matter what happens at the precinct level in each state, no matter who is and isn't allowed to vote, and no matter how those votes may be tallied. A party acting in concert in bad faith can steal an American Presidential election and there is little if anything in current law or the Constitution to prevent it.

Moreover, depending on how the ECA is rewritten --- if Republicans allow such a rewrite to be passed in both chambers and signed by the President --- it may still leave the door open for a rogue state legislature or even a single Governor acting in bad faith to steal an election, in what one ECA expert that Panetta cites describes as "the Swing State Governor's Gambit".

Panetta, a senior politics reporter at Insider, joins us from the Senate Gallery today to explain what the ECA is supposed to do; how Trump attempted to abuse it to steal the 2020 election; how reform can hopefully prevent that from happening in the future; and what the chances currently are that this new reform movement in the Senate will be successful.

She also makes clear --- in response to Trump's idiotic statement (admission?) on Sunday, claiming Pence had "the right to change the outcome" of the election --- that "the ECA does NOT give the Vice President the authority to unilaterally decide which electoral votes to count or not."

"The ECA as it exists, in its imperfect, flawed form, does NOT give the Vice President this authority," Panetta reiterates. "At the same time, however, I think what both the bipartisan group and another trio of Democratic Senators who introduced an ECA reform bill yesterday are trying to do is even more clearly state, clearly clarify in 21st-century language, that single slates of electors sent to Congress should be treated as final and the Vice President really has no role to adjudicate this."

Right now, she warns, "the groundwork is being laid at the state level for state officials --- like Governors, like Secretaries of State --- to overturn elections. In short, a Governor could submit an illegitimate slate of electors that does not reflect the popular vote in the state, and candidates could try in federal court to compel a Governor to send the correct slate, but that's no guarantee that that would fully work." So, yes, getting ECA reform right is now more critical than ever.

Finally today, some good news --- at least as I see it. New York's legislature has approved a new Congressional map for the state that will most likely add three additional Democratic members of Congress from the Empire State. New York Republicans are hopping mad about what they describe as an outrageous partisan gerrymander by Democrats. Ya know, just like the even more egregious ones being carried out by Republicans in GOP-controlled states like Ohio, North Carolina and Texas, where population growth was due almost entirely to minority voters, and yet state Republicans removed minority voting districts to add GOP seats. While I certainly would have opposed such efforts by Dems in the past (many redistricting experts still do), given the efforts right now by Republicans to undermine American democracy itself, I'm just fine with what NY is doing. If Republicans oppose it, they can (and should!) take it to court. Unfortunately, they won't be able to take it to federal court, because their own stolen and packed U.S. Supreme Court majority recently declared that federal courts may play no part in adjudicating partisan state gerrymanders. SAD!...

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On today's BradCast: Self-declared Republican "Constitutionalists" may not turn out to be huge fans of the written text of the U.S. Constitution after all. Particularly Section 3 of the 14th Amendment which bars from federal office those "who, having previously taken an oath, as a member of Congress, or as an officer of the United States...to support the Constitution of the United States...engaged in insurrection or rebellion against the same." [Audio link to full show is posted at end of this summary.]

That's turning out to be very bad news right now for North Carolina's Republican Rep. Madison Cawthorn. It could also turn out to be bad news in the not too distant for other members of the MAGA Caucus in Congress and even our disgraced former President --- even if that might be good news for the rest of the nation.

Last month, an official complaint [PDF] was filed by voters with NC's State Board of Elections, charging that Cawthorn must be disqualified from running for re-election this year in the Tar Heel State. The freshman Congressman reportedly participated in planning meetings for the rallies in advance of the deadly attack on the U.S. Capitol on January 6th, 2021 and spoke at the rally on the Eclipse in front of the White House prior to Donald Trump's speech directing supporters to head to the Capitol and "fight like hell". Cawthorn also joined dozens of other members of the House and Senate that day in voting against Joe Biden's Electoral College victory, despite the lack of evidence of fraud that might have changed the certified results of the election in any state.

The effort to block Cawthorn's candidacy in NC is the first official volley in the 14Point3.org campaign created by good government groups Free Speech for People and Our Revolution. NC state law requires that candidates must meet all requirements for office as detailed in the U.S. Constitution and further requires potential candidates to disprove any challenges to those qualifications, such as their age, legal residency, citizenship status or, in this case, whether or not they've "engaged in insurrection or rebellion" against the U.S. Constitution.

We're joined today by longtime Constitutional law expert JOHN BONIFAZ, co-founder and President of the non-partisan, non-profit Free Speech for People, to discuss this rather amazing and actually quite serious challenge to Cawthorn's candidacy and perhaps additional challenges to other insurrectionist candidates such as Marjorie Taylor Greene of Georgia, Mo Brooks of Alabama, Paul Gosar of Arizona, Lauren Boebert of Colorado and potentially even one Donald J. Trump.

"It's a 'novel' challenge in the sense that it's the first such challenge since the Reconstruction Era," Bonifaz tells me, while noting that "during that time, Section 3 of the 14th Amendment was applied to many Confederates who remained in positions of government power." But, he explains, "the Framers of the 14th Amendment were clear that if you take an oath of office to defend and protect the Constitution, and then you turn around and engage in insurrection or give aid and comfort to it, then you are prohibited from holding future public office. Now, we have the second insurrection in our nation's history and those who incited the insurrection or gave aid or comfort to it must also face accountability under that mandate."

The challenge is serious enough that, on Monday, Cawthorn filed a federal lawsuit in hopes of quashing the inquiry into his role on January 6th. His lawsuit claims that the State Board has no authority to keep him off the ballot. Bonifaz describes the claim as absurd. "If Madison Cawthorn were ten years old and seeking to be on the ballot in North Carolina, there'd be no question that he's ineligible to be placed on the ballot because he doesn't meet the age qualification for a member of Congress. This is another qualification requirement --- you cannot take an oath of office, as Madison Cawthorn did on Jan. 3, 2021, and then turn around and engage in insurrection and hold public office again."

"Instead of complying with the process that is laid out under state law, he has now rushed to federal court with his attorney to try to completely declare the whole process by which candidate qualifications are brought to be unconstitutional" Bonifaz contends. "If it's so hard for him to prove that he's not an insurrectionist, maybe the real question is why Section 3 of the 14th Amendment should not be applied to him."

"If he's really nervous about appearing before the State Board of Elections, that may be a real indication that the Board needs to act in the voters' favor. But the very fact that he's doing an end run around the state process and rushing into federal court ought to tell you a lot about whether Madison Cawthorn wants to appear before the State Board of Elections to defend himself."

Cawthorn's attorney has also offered another unique defense. He charges that the last part of Section 3 states that "Congress may by a vote of two-thirds of each House, remove such disability" and that the Amnesty Act of 1872 declared just that. Yes, Cawthorn is relying on the dispensation given specifically to former Confederate rebels in 1872 to try and remain on the ballot in 2022. Bonifaz explains on today's program why he is less than impressed with that defense.

For the moment, while there is a separate legal challenge to NC's newly gerrymandered Congressional maps, the qualifications process for all candidates in the state is on hold. Once the maps are settled, however, Bonifaz says the Board's "longstanding process by which voters can bring these kinds of challenges" includes creating a panel that will have 20 days to hear the case in which Cawthorn will have to defend himself, before the matter goes to the full Board and then, potentially, to state court on appeal.

One way or another, the matter must be settled in a few months before the state's primary election. It has resulted in a fascinating conversation among Constitutional law experts on the matter of what it means to "engage" in an insurrection. Bonifaz explains why he believes that conviction for sedition or insurrection in a court of law is not necessary to trigger the Constitutional clause. And if Cawthorn is, in fact, disqualified from running in North Carolina based on restrictions in the U.S. Constitution, what will that mean for other such insurrectionist candidates in other states in 2022 and, indeed, for Trump himself, if and when he attempts to become a candidate on the ballot again in the critical and closely divided swing-state in 2024? All of that, and much more is discussed on today's program.

Also today, speaking of insurrectionist Trump, new exclusives late last night from both CNN and the New York Times suggest that the disgraced, twice-impeached former President was much more personally involved in the attempt to seize the nation's voting machines following the 2020 election than previously reported. Also, that his efforts were far broader than previously known. CNN reports that there were actually two different Executive Orders drafted up for Trump's use. One was recently obtained by Politico, which we discussed last week. That one would have ordered the Department of Defense to seize the machines. The other order would have directed the Department of Homeland Security to do so. Team Trump was reportedly told by DHS that the federal agency lacked the authority to impound the voting systems.

But the Times offers new details on a third effort, which included a personal appeal by Trump in the Oval Office to his then Attorney General Bill Barr to have DOJ impound the voting systems. Barr, to his credit, is said to have immediately shot down the idea, telling the desperate loser that, since there was no evidence of fraud on the systems, the DoJ had no probable cause to believe they had been used in any crime. Trump's A.G. tendered his resignation shortly thereafter.

Finally today, Desi Doyen joins us for our latest Green News Report with bad news for fans of winter sports and good news for opponents of more deadly oil and gas drilling in the Gulf of Mexico...

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Today, The BradCast is more than just a grab bag of American corruption. It's also topped off with several heaping helpings of rising rightwing autocracy and fascism! Enjoy! [Audio link to full show is posted below this summary.]

Among the stories covered today...

• A new report ranking corruption among 180 countries ranks the U.S. as the 27th least corrupt in the world. In 2021, we fell to our worst score ever --- tied with Chile --- in Transparency International's index. For some reason or another, that's a fall from our previous (less corrupt) high in 2015. Whatever could have happened between then and now to make us more corrupt? The group suggests new efforts already under way by the Biden Administration to tackle corporate corruption could "significantly enhance" our ranking in future surveys. But, for now, they chalk up the nations new record low to, among other things, "persistent attacks against free and fair elections, culminating in a violent assault on the US Capitol, and an increasingly opaque campaign finance system."

• You may or may not have heard the news --- it disappeared off of AP's front page as quickly as it was posted there today --- but the U.S. economy under Joe Biden in 2021 was absolutely booming. New Commerce Department numbers released Thursday finds that U.S. gross domestic product (GDP) increased last year at the fastest pace since Ronald Reagan's Presidency. The economy expanded by 5.7% in 2021, the best calendar year growth since 1984. Based on 4th quarter numbers, however, GDP was growing at an even faster, 6.9% annualized pace. You sure wouldn't know it from corporate media coverage, however, focused as it is on things like inflation (due, in no small part, to the exploding consumer demand). All of this is akin to AP's recent ridiculous reporting on new jobs numbers, even amid decades-low unemployment numbers and rising wages. Their headline under Trump in February of 2018, for example: "U.S. Employers Added a Robust 200,000 Jobs in January". Compare that to their December 2021 headline under Biden: "U.S. Employers Added a Sluggish 210,000 Jobs in November." (Yes, you read those correctly.)

• Corruption takes many forms and has many different effects on a nation, none of them good. Some of them, however, can be quite amusing, even when it comes from the clumsy rightwing spread of autocracy and facism, such as that playing out under the freshly sworn in Republican Governor in Virginia, Glenn Youngkin. He announced this week that he has created a tip-line for folks to report teachers who might teach anything objectionable. That might include, for example, anything that may have to do with systemic racism (in Virginia, of all places!) or that could be perceived as making (white) children uncomfortable (aware of) our nation's past (and present). But, "Whatever you do," one Virginia lawyer and former Democratic Congressional candidate hilariously cautioned this week in a viral Twitter thread, "don't make a mockery of this with fake tips" sent to the state's helpeducation@governor.virginia.gov email tip line! He even provided some examples of several fake racism tips that should absolutely not be sent to that address!

• As amusing as that might be, the rising tide of Republican snowflakes seeking safe spaces is also taking darker turns. This week --- just before today's Holocaust Remembrance Day, as irony would have it --- the McMinn County, Tennessee School Board voted 10 to 0 to ban Art Spiegelman's Pulitzer Prize-winning graphic novel MAUS: A Survivor's Tale from the school's 8th grade curriculum. The remarkable (beautiful, touching, terrifying, horrifying and even hilarious at times) story of Spiegelman's relationship with his parents, both Holocaust victims, relating their stories and his mother's horrible suicide with Jews drawn as mice and Nazis as cats, should be read by everyone. It's unclear if the County School Board is aware of the irony of banning books about Nazis who famously banned books, but the entire affair has left the author Spiegelman baffled and concerned about the rise of "autocracy and fascism" in the U.S., akin to what his parents eventually escaped in Europe. But it serves as another reminder of how important it is --- as discussed on yesterday's BradCast with Run For Something's Amanda Litman --- that more pro-democracy, anti-Nazi candidates need to run for local office everywhere! Including school boards!

• And just one more for you today on the corruption of the media --- or at least, the fake, if wildly popular, disinformation propaganda site called Gateway Pundit. We usually try to ignore them and the clownish stuff they post. But they are behind about 90% of the phony wingnut "fraud" claims used by Trump and his gullible MAGA dupes to try and steal the 2020 election. This week, the website's super genius proprietor, Jim Hoft, posted a 100% phony story claiming that the Wisconsin state Assembly voted "unanimously" on Tuesday night to advance a resolution to decertify the Badger State's 10 electoral votes for Joe Biden from 2020. That, because they "were certified under fraudulent purposes." And because MAGA dupes are dupes, the story went viral, natch. As it turns out, one single state legislator in WI tried to introduce that resolution, with zero co-sponsors, was rejected, and it received zero votes in the Assembly. In fact, it wasn't allowed up for a vote at all. But don't tell the dopey propagandist/yutz Hoft, who still has the story posted on his site --- along with years of other phony, discredited, false stories --- two days after publishing it, even after USA Today's fact check thoroughly and verifiably showed it to be completely fake news. Sigh...

• Finally, Desi Doyen joins us for some actual and verifiable news in our latest Green News Report, with a new report on the costs of reaching net zero emissions; another finding air pollution to be much deadlier than previously known; the Biden Administration revoking controversial mining permits in Minnesota; and both McDonald's and KFC each offering a new, plant-based menu item which may, or may not, move you to want to eat it...

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IN TODAY'S RADIO REPORT: New report finds staggering cost to achieve net zero emissions globally, while warning the cost of climate action is far cheaper than inaction; Air pollution even more deadly than previously thought; KFC and McDonald's launch new plant-based menu options; PLUS: Biden Administration revokes two controversial mining leases in Minnesota... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): EPA acts to curb air, water pollution in poor communities; For the first time, study links air pollution from fracking to early deaths among nearby residents; Record rainfall in South Africa triggers floods, significant crop losses; Gas stoves worse for climate than previously thought; EPA to probe whether biogas operations from hog farms violate civil rights of nearby residents;
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IN TODAY'S RADIO REPORT: Chemical pollution threatens stability of the global ecosystem, scientists warn; Escalating tensions between Russia and Ukraine set to roil global energy prices; Shell Oil carbon capture facility emits more greenhouse gases than it captures; PLUS: Automakers call Intel's new $20 billion Ohio manufacturing hub critical to EV production... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Could the world become too warm to hold Winter Olympics?; NJ bans foam packing peanuts; France’s nuclear decline a "threat to Europe"; What ratepayers should know about the Plant Vogtle expansion; 'Nurdles are everywhere': how plastic pellets ravaged a Sri Lankan paradise; Aerial surveys detect dozens of methane super-emitters in Permian Basin; How Biden could close coal plants without CO2 regulations; House panel broadens probe into climate disinformation by Big Oil... PLUS: High court drops 'earthquake' on federal water protections... and much, MUCH more! ...

Trump's never-issued draft Executive Order to seize the nation's voting machines in December of 2020 has now been released, and it contains a surprise or two that may sound familiar to BradCast listeners! Also today, some thoughts from our guest on how President Biden and Democrats may still be able to salvage the critical Build Back Better agenda recently blocked by Lord Manchin and Lady Sinema. [Audio link to full show is posted below this summary.]

First up, the National Archives is believed to have turned over most of the hundreds --- and perhaps thousands --- of documents subpoenaed by the House Select Committee investigating Trump's attempt to steal the 2020 election with his attack on the U.S. Capitol and other actions. The documents from the Trump White House were handed over to the Committee this week following the crushing, 8 to 1 defeat [PDF] issued to the disgraced former President by his own stolen and packed U.S. Supreme Court on Wednesday.

One of the many documents we've been looking forward to seeing was said to be a never-issued draft Executive Order on "Election Integrity", supposedly directing the Dept. of Defense to seize the nation's computerized voting and tabulation systems on the baseless premise that they had all been hacked or manipulated in some fashion, and to establish a Special Counsel to investigate and prosecute the criminals responsible.

That draft EO was obtained and published today by Politico's Betsy Woodruff Swan. The 3-page order [PDF], dated December 16, 2020, directs the Secretary of Defense, "effective immediately", to "seize, collect, retain and analyze all machines, equipment, electronically stored information, and material records required for retention under" the federal law related to the preservation of election materials.

Happily, the Order was never actually issued. But, as we detail today, it's still stunning on several levels. For one, it quotes at some length from a 2020 ruling [PDF] by U.S. District Court Judge Amy Totenberg in the long-standing federal lawsuit challenging Georgia's use of new, unverifiable computerized Ballot Marking Device (BMD) voting systems made by Dominion. That lawsuit was filed years ago by the non-profit Coalition for Good Governance.

If that all sounds familiar, it may be because we have covered that specific case on this program for many years now, as filed by the Coalition headed up by founder and longtime election security champion Marilyn Marks. She has joined us countless times on this program to discuss it, including after the complaint saw its biggest victory when Totenberg banned the state's 20-year old touchscreen voting systems made by Diebold, after she ruled them to be unverifiable, unsecure and, therefore, unconstitutional. Shamefully, Georgia's Sec. of State Brad Raffensperger subsequently replaced them with Dominion's equally unverifiable and vulnerable touchscreen systems, despite many warnings from voting system and cybersecurity experts. Totenberg's 2020 ruling, quoted in the draft Trump EO, allowed those new systems to be used for the first time that year anyway, despite the vulnerabilities, while issuing clear notice that she may well end up banning their use as well in the future.

The unidentified Trumpers who wrote the draft Executive Order titled "PRESIDENTIAL FINDINGS TO PRESERVE COLLECT AND ANALYZE NATIONAL SECURITY INFORMATION REGARDING THE 2020 GENERAL ELECTION", peppered the draft with lies about evidence of "probable cause" that Dominion's systems --- (as well as those made by about 8 other companies, several of which don't even deploy voting systems in the U.S., much less in the states Trump was challenging) --- were manipulated by "a massive cyber-attack by foreign interests". The Trumpers used the 2020 federal court ruling out of Georgia to further their evidence-free claims and even lied to say that "Every defect and hazard of which Judge Totenberg warned happened in Georgia."

If so, there is absolutely zero evidence to that end, according to one of the Coalition's experts on the case, Dr. Philip Stark of UC-Berkeley. He told me today via email that while "the vulnerabilities undeniably exist" in those Dominion voting systems, "there is (so far) no evidence that they were exploited in 2020 --- contrary to the claims in the draft EO."

In addition to misidentifying voting system vendors (and some of their actual correct names), the Order would have also directed the Sec. of Defense to compile an assessment of the matter in 60 days which, as Woodruff Swan observes, "could have been a gambit to keep Trump in power until at least mid-February of 2021."

The unissued Order is dated just two days before a much-reported, lengthy, reportedly "bonkers" meeting in the Oval Office with Trump, his disgraced former National Security Advisor Michael Flynn, former Overstock.com CEO Patrick Byrne (for some reason), and loony conspiracist attorney Sidney Powell, who reportedly hoped to be named as a Special Counsel to oversee this emergency "national security" matter after the systems were seized. The final directive in the draft EO calls for the appointment of "a Special Counsel to oversee this operation and institute all criminal and civil proceedings [and to be] provided all resources necessary to carry out her duties." [Emphasis added.]

All of this underscores at least two important things. 1) Just how close this country under Trump came to an actual military coup ordered by the President of the United States to undermine and steal a Presidential election. And 2) The warnings that we have issued for nearly two decades now about how computerized voting systems that are so opaque and impossible for the public to actually oversee when they create and/or tally votes in secret, that --- even when they work as designed --- still allow for disingenuous cretins and liars like Team Trump to claim that they did not. That, in and of itself, as we have long warned, poses a grave threat to democracy and, clearly, national security. This matter should finally make that point crystal clear.

Before that story broke this afternoon, we had planned for our lede story today to be about how (and if) Joe Biden and Democrats can retrench and get their transformative Build Back Better agenda back on course, after both it and critical voting rights and election protection legislation were all blocked by Senate Republicans and Democratic Senators Joe Manchin and Kyrsten Sinema.

We're joined today by HAROLD MEYERSON, longtime progressive columnist and editor at The American Prospect to discuss just that. He wrote about it earlier this week, before his suggestion for breaking up the Build Back Better act into small chunks (and hold votes to put everyone on record for the stuff that was being blocked) was echoed by President Biden during his press conference two days later.

As usual, it is an insightful and very lively conversation on all of that and more with the delightful Meyerson today.

Finally, we close with a story out of Canada on the billion dollar "carbon capture" facility built by Shell as a demonstration for how their new technology could remove dangerous emissions from the air and allow for the continued use of fossil fuels in a climate changed world. As it turns out, according to a new report this week, the facility actually emits more greenhouse gasses than it captures. Go figure!...

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Today on The BradCast: While this week will be seen by history as a shameful one for American democracy --- or, more specifically, for 50 Republican Senators and 2 Democratic ones --- it may also eventually become a celebrated week for all of the encouraging criminal accountability news that is now coming in on what seems like an hourly basis for our disgraced and failed former President. [Audio link to full show is posted below this summary.]

Among the many stories covered today...

• After a year-long kabuki drama, played out only for the benefit of obstructionist Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), both have decided to include themselves in American history's hall of shame by siding with segregationists, anti-democracy activists and Republican authoritarians in the U.S. Senate to block much-needed protection for voting rights and American democracy. While claiming to support the critical, combined Freedom to Vote: John R. Lewis Act --- which would have helped to standardize voting rights for all, combat the GOP subversion of election results, ended dark money in campaigns, blocked partisan gerrymandering in all 50 states and restored what SCOTUS broke in the Voting Rights Act in 2013 --- the two both voted to ensure none of it could happen. They chose to embrace the Senate's undemocratic filibuster rule instead, just as opponents of civil and voting rights have done over decades of American history. We put a bow on the year-long saga today, share parts of Wednesday night's maddening debate, and join Sen. Raphael Warnock (D-GA) in his vow from the Senate floor to keep coming back "again and again and again" until the job of protecting and saving American democracy is won.

• In far less grim news today, the very very bad week for the Trump Crime Family continues to worsen. After Wednesday's devastating loss at his own packed and stolen U.S. Supreme Court, documents from the Trump White House regarding January 6, 2021 have reportedly begun flowing from the National Archives to the bi-partisan U.S. House Select Committee investigating the 2021 attack on the U.S. Capitol and Donald Trump's attempt to steal the 2020 election. We review a few interesting points of note from the High Court's crushing 8 to 1 ruling [PDF] rejecting Trump's claim of Executive Privilege in his failed effort to block the release of thousands of documents to the Committee, including what could be some very incriminating video tape.

• With hopes of hiding behind Executive Privilege all but dashed by SCOTUS, the ability of Trump's henchmen to avoid subpoenas for documents and testimony by the Jan 6 Committee is quickly fading as well. On Thursday, Ivanka Trump became the first family member to receive an invitation --- not yet a subpoena --- from the House Committee to answer a number of key questions about her role in January 6th, and her various reported contacts with her father that day and in the days prior. The letter from Committee Chair Bennie Thompson (D-MS) makes clear that the Committee already has a great deal of information. It will be tricky for Trump's daughter, who served as a White House advisor, to avoid speaking with them. It will be a crime if she lies to them.

• But that's not all. After New York State Attorney General Letitia James detailed evidence of years of bank, insurance and tax fraud by the Trump family this week, on Thursday, Trump's bad week became still worse. Fulton County (Atlanta) District Attorney Fani Willis asked a state Superior Court Chief Judge today to impanel a special grand jury in her nearly year-long probe of the apparent criminal conspiracy by Trump and many others (including WH Chief of Staff Mark Meadows, Sen. Lindsey Graham, Rudy Giuliani and more) to harangue, harass and threaten state election officials into reversing results of the Peach State's 2020 Presidential election, won by Joe Biden, in favor of Trump. Willis has said she will decide in the first part of this year whether or not criminal indictments are warranted for "potential violations of Georgia law prohibiting the solicitation of election fraud, the making of false statements to state and local government bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.” Uh, oh.

• Finally, Desi Doyen joins us for our latest Green News Report, covering the likelihood that Biden's Build Back Better bill, also blocked by Joe Manchin, will now have to be broken up into smaller chunks; the devastating volcano and tsunami disasters in Tonga; smashed heat records in the Southern Hemisphere; and Exxon's new ploy to pretend they give a damn about climate change...

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IN TODAY'S RADIO REPORT: Biden floats breaking up his Build Back Better bill; Volcanic eruption and tsunami cause widespread devastation in Tonga; Extreme heat records shattered in Southern Hemisphere; PLUS: Exxon pretends to care about the climate... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 2021 was one of the hottest years on record, and it could also be the coldest we'll ever see again; What happens when a country becomes unlivable?; New research shows heat risks to children are mounting as temperatures rise; 450+ scientists call on PR firms to cut ties with fossil fuel clients; Winter gas price hike hell; What Canada wants to do with its mountains of nuclear waste; Interior reveals plans for orphan well cleanup; How a coal company convinced Georgia to let it bury toxic waste in groundwater; Power companies back EPA climate authority at Supreme Court... PLUS: Florida's red tides worsened by pollution, climate change... and much, MUCH more! ...

Our guest on yesterday's BradCast nailed it. The stolen and packed U.S. Supreme Court did, in fact, strike down one of the Biden Administration's vaccine mandates today (the one that allows employees to not get vaccinated if they choose), while narrowly approving the vaccine mandate for all health care workers at facilities that receive federal funding. [Audio link to full show follows this summary.]

The Omicron surge continues to rack up both record infections and hospitalizations. Death counts are now on the rise as well. Though there are hopeful signs that some parts of the U.S. may be peaking or plateauing, and that, in a few weeks, the surge may plunge as quickly as it initially spiked over the past few weeks. The advice this week from the Los Angeles County Health Director to hang on for just a few more weeks and avoid any non-essential public gatherings, particularly indoors with the unvaccinated or those at high risk of severe illness during that period, is likely good advice for everyone in the nation at this time.

That is especially true now that the non-medical experts at the U.S. Supreme Court seem dead set on preventing actual experts charged with protecting workers from helping to protect millions of them.

As Slate's ace legal journalist Mark Joseph Stern predicted on yesterday's BradCast, the packed Republican Supreme Court did, in fact, put a stay on President Biden's Occupational Safety and Health Administration (OSHA) mandate for workers at large companies with more than 100 employees to either get vaccinated or get tested weekly. The other case heard during emergency oral arguments last week, the Administration's Health and Human Services mandate for vaccination of all workers at health care facilities that accept Medicare or Medicaid funding, was narrowly allowed to remain. Chief Justice John Roberts and Brett Kavanaugh joined the Court's three liberals in a 5 to 4 opinion [PDF] on that one.

Today, we step through the absurdities of the Majority opinion from the Court's rightwingers on the stayed employer mandate [PDF], as well as the even more absurd --- but dangerously so --- Concurring opinion authored by Justice Gorsuch with Thomas and Alito, as well as the furious Dissent, jointly penned by Justices Breyer, Sotomayor and Kagan.

"Underlying everything else in this dispute is a single, simple question," the Dissenters wrote, 'Who decides how much protection, and of what kind, American workers need from COVID–19? An agency with expertise in workplace health and safety, acting as Congress and the President authorized? Or a court, lacking any knowledge of how to safeguard workplaces, and insulated from responsibility for any damage it causes?"

The stinging Minority dissent derides the non-expert Court Majority for being the ones to decide that the non-experts in Congress, as opposed to the experts at the Executive Branch agency charged by Congress via specific statue to protect workers, must make specific medical decisions through legislation for those workers. It is, of course, madness. Especially, as the Dissenters note, the Court's "Members are elected by, and accountable to, no one," whereas those at OSHA are not only experts, but "responsible to the President, and the President is responsible to—and can be held to account by—the American public."

Tune in for all the details. But the good-ish news for the moment is that only three of the Court's rightwingers were willing to sign on to the idea that statutes granting Executive Agencies the power to regulate things should be ignored when there is a "major question" at stake, as we discussed in some detail with Stern on Wednesday. But that good-ish news may not stand for long, as the Court will hear a case next month with even broader implications, as to whether the EPA, despite its statutory charge by Congress, is allowed to regulate pollution that is causing our climate emergency and much more. As we detailed yesterday, we are, in fact, watching the far-right "deconstruction of the Administrative state" before our very eyes.

Then, in what would, during normal times, be our lead story today, we quickly cover the arrest of Stewart Rhodes, the founder and leader of the far-right Oath Keepers militia outfit, who, along with ten others in his group, were charged today "seditious conspiracy" for their part in the Trump-incited attack on the U.S. Capitol on January 6, 2021, as part of Donald Trump's plot to steal the 2020 election.

The federal charges are the most serious to date in relation to the January 6 attack and are precisely what our guest from several weeks ago, Marcy Wheeler of Emptywheel, told guest host Nicole Sandler was likely to soon happen, as the Dept. of Justice and Attorney General Merrick Garland continued a painstaking bottom-up probe. And yes, we did interview the Oath Keepers' Rhodes on this program back in 2016. Here is a link to that lively, if occasionally testy, interview.

And, in one more related matter on an absurdly busy show (restructured about five times before air today as news kept breaking!), GOP House Leader Kevin McCarthy, who recently told a reporter he "wouldn't hide from anything" when he asked if he was willing to speak to the bipartisan House Select Committee investigating January 6th, refused to cooperate with a voluntary invitation on Wednesday to speak with the Committee. In response to the news, Carl Bernstein (of Watergate's Woodward and Bernstein) told CNN on Wednesday night that the Committee already "has the goods" on McCarthy and what he said to Trump on Jan. 6 "and McCarthy has lied about it since."

"So, we have a real conspiracy, a real cover-up, real stonewalling in excess of anything we saw in Watergate," said Bernstein...who should know.

Finally, Desi Doyen joins us for our latest Green News Report, which is packed with even more news during the final few minutes of today's program...

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IN TODAY'S RADIO REPORT: Offshore wind leases are on the horizon for the East Coast; World's oceans were the warmest in recorded history in 2021, for the third year in a row; Weather extremes in Brazil are spiking global food and commodity prices; PLUS: Biden EPA cracks down on toxic coal ash waste pits contaminating groundwater... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Feeling hopeless about the climate crisis? Try this 30-day action plan; New extreme temperature Records set in the U.S. in 2021; Here’s how California plans to spend $37 billion fighting climate change; Energy storage is not just lithium anymore; Communities of color more likely to be exposed to air pollution; Nepal's blossoming honey industry crushed by wild weather; UK Government invites oil companies to help write environmental rulebook; 6 in 10 Americans now 'alarmed' or 'concerned' about climate change; Warming puts key Arctic pipelines, roads at risk; DOE blew $1.1B on carbon capture projects that were mostly failures ... PLUS: The future of fashion is justice and sustainability... and much, MUCH more! ...