We've got mostly democracy-related stories to report on today's BradCast. Some good news, and some bad. But there's a whole bunch of anti-democracy GOP fraud throughout, because what democracy story in the U.S. these days doesn't include Republican fraud and/or attempted voter suppression? [Audio link to full show is posted below summary.]

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

• We start with one story that has little to do with democracy, though it should be enough to ensure these two idiot Governors are never elected to anything ever again. In case you are unclear just how idiotic the Governors of Texas and Mississippi are, after they lifted all COVID restrictions in each state this week in hopes that folks won't notice how horrifically they failed their own constituents following the winter storm there three weeks ago, Axios reports today that, while COVID infections rates are still falling in most states, the rate in Texas is up 27 percent over the past week and Mississippi's is up a nation-leading 62 percent! Luckily, both states are islands, so the idiocy of their Republican Governors won't effect everyone else's efforts to get beyond this pandemic once and for all, right?

• House Democrats, as expected, passed H.R.1 --- the "For the People Act" --- on Wednesday night with zero Republican votes. The massive, landmark, once-in-a-generation voting rights, campaign finance reform and ethics reform bill now moves to the Senate. In that undemocratic body, however, where a simple majority is NOT enough to pass a democracy reform bill as of now, it will likely die, unless enough pressure is applied on Democratic Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona to do the right thing, reform the filibuster, and allow this critical (if imperfect) measure to pass while Democrats have a brief opportunity right now to do so. The measure is long overdue and, according to new polling, wildly popular with the American people of all parties. 68% of likely voters favor the bill, and even a majority of Republicans (57%), back it as well.

• The sad (and dangerous) Trump/GOP effort to con Americans into believing last November's election was stolen from the disgraced former President --- despite all evidence to the contrary --- continues.  And the massive evidence to the contrary continues to mount. This week, Michigan's Secretary of State announced that the results of a second statewide post-election audit once again confirms the initially reported results. "All of Michigan’s more than 250 election audits are now complete, and each and every one of them affirmed the integrity of the November election and the accuracy of the results," Sec. of State Jocelyn Benson said on Thursday. The audits were carried out by "More than 1,300 Republican, Democratic, and non-partisan election clerks...working across the aisle to review one another's procedures, ballots and machines in coordination with the state Bureau of Elections." Full hand-counts were carried out in some places, such as Antrim County, where Republicans pretended that Dominion Voting Systems machines were used to try and steal the election from Trump.  And, in heavily populated cities like Detroit, election officials determined that, of 174,000 absentee ballots tallied in the city, only 17 votes were ultimately "out of balance" (where the number of ballots cast in a precinct differed from the number of envelopes or signatures accounted for.)

• But the most embarrassing state GOP idiocy of the week may belong to the Republican-controlled state Senate in Arizona. After months of subpoenas to elections officials, ordering them to turn over all 2.1 million ballots cast in Maricopa County (Phoenix) last year --- and even coming within one vote of throwing elections officials there in jail for following state law by securely retaining custody of the ballots cast in the County last November --- a state judge finally ordered Maricopa officials to obey the subpoena to deliver all ballots to the Senate, so they could count them themselves. They were all delivered, 73 pallets of them, this week. And guess what? Senate Republicans have no idea what to do with them now.  The story is even worse than it sounds, as we discuss today.

• But at least officials in Kansas were finally able to find some voter fraud. Specifically, voter fraud by now-former Republican U.S. House Rep. Steve Watkins of Topeka. The one-term Congressman was defeated last year. But not before he lied about his residence, using the address of a UPS store on his voter registration, voted in an election he was not entitled to vote in, and then lied to state investigators about it all.  He was charged with three felonies related to voting. This week, however --- because, luckily, he is a white, male Republican from Kansas --- prosecutors are allowing him to enter a diversion agreement that delays his trial for six months, and drops the charges entirely if he's a good boy through September. We compare his treatment to that of Crystal Mason, an African-American mother of three in Texas, who, unlike the Kansas Congressman, had no idea she was violating the law when she cast a provisional ballot that was never counted in the 2016 election. She received a sentence of five years in prison for her "crime".

• Finally, we're joined by Desi Doyen for our latest Green News Report, as climate change has resulted in the weakest Gulf Stream in about 1,000 years; carbon emissions are rising again as COVID restrictions are loosened; Joe Biden raises U.S. targets under the Paris Climate Agreement; and another major carmaker announces plans to stop selling all gas burning, internal combustion engine vehicles in their line in very very short order...

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IN TODAY'S RADIO REPORT: The Gulf Stream is the weakest its been in a thousand years, and climate change is likely to blame; The COVID carbon rebound begins as global emissions rise; Biden Administration to raise US climate target under Paris Agreement; PLUS: Volvo is latest carmaker to say goodbye to gasoline, go all-electric... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Barrett authors first U.S. Supreme Court ruling, a loss for environmentalists; 'Very risky business.' Oil CEOs on survival in Biden era; Germany agrees to pay operators 2.4 billion euros for nuclear exit; Blackjewel’s Bankruptcy Filing Is a Harbinger of Trouble Ahead for the Plummeting Coal Industry; Turning Trash to Natural Gas: Utilities Fight for Their Future Amid Climate Change... PLUS: The man who saves forgotten cats in Fukushima's nuclear zone... and much, MUCH more! ...

Unlike Microsoft Windows, says our guest on today's BradCast in response to Bill Gates' new book on climate change, "if the global climate system crashes, you can't reboot it." Of course, what does a billionaire software engineer know about how to save our climate anyway? Well, our guest --- an actual Nobel Prize-winning climate scientist --- has a few thoughts on that as well. [Audio link to full show is posted below summary.]

First up, however, a few quick, breaking news items as usual...

• The U.S. House has decided to adjourn for the week a day early after Capitol security officials warned of what they described as credible threats by rightwing extremists surrounding what QAnon dupes cite as the "true Inauguration Day" on March 4th (the day originally set by the Constitution). While the House may be scramming, the Senate will supposedly stay in session, as Capitol Police have "enhanced their security posture" and National Guard troops remain posted at the Capitol.

• Before leaving, however, it appears that the House Oversight Committee has renewed its subpoena for tax and other financial records from Donald Trump's accounting firm, Mazars USA. The disgraced former President had successfully stalled the Committee's original effort, beginning in 2019, blocking the documents from being given to the panel for 22 months until the subpoena expired at the end of the legislative session last year. Committee Chair Rep. Carolyn Maloney (D-NY), however, is not giving up in her effort to obtain the documents. In a court filing, she described the subpoena and need for Trump's financial records as "just as compelling now as it was when the Committee first issued its subpoena" as "the committee's investigations into presidential conflicts of interest, presidential contracts with the federal government and self-dealing, and presidential emoluments” continue.

• And President Biden offered some thoughts on what he described as a "big mistake" and "neanderthal thinking" by the Republicans Governors of Texas and Mississippi. On Tuesday, they both lifted statewide mask mandates and declared all businesses may now open to 100% capacity. That clever if wildly dangerous distraction comes while tens of thousands of residents in both states are still without running or clean water following a winter storm more than two weeks ago, and as both states rank in the top ten for COVID deaths per capita.

Then, with Trump out of the White House and Dems in control of both chambers of Congress, it seems a very good time to renew the previously forestalled federal efforts to take action on our critical climate crisis. Private industry has figured out the urgent need. This week, Volvo announced they would move to an all-electric car line by 2030 and, in just four years, by 2025, would produce only electric or hybrids. And the American people seems to have figured it out as well. By a whopping 79% to 20%, they now favor the development of renewable energy over the continued production of fossil fuels.

So, it's time to finally restart the debate about how best to move forward again to save our climate by decarbonizing our economy. We're joined today by award-winning climate scientist DR. MICHAEL E. MANN, Distinguished Professor and Director of the Earth System Science Center at Pennsylvania State University, author of nearly 200 peer-reviewed papers and loads of books, including his latest, The New Climate War: The Fight to Take Back Our Planet.

Last week, Mann penned an op-ed for Newsweek, detailing two very different potential paths forward. One, he describes as a "technocratic" path which "envisions climate action as a mere engineering problem" to be solved with massive --- if dangerous --- geoengineering schemes, as detailed in software mogul Bill Gates' new book, How to Avoid a Climate Disaster: The Solutions We Have and the Breakthroughs We Need. The other, which Mann favors, is the "sociopolitical" path relying on safe, clean, already-existing technologies.

"It can be a bit frustrating," he tells us. "To the extent that Bill Gates might use his platform to create more public awareness for the climate crisis, that's great. The thing that troubles me is that his prescription is wrong-headed, in my view. It's overly technocratic. It's like if your only tool is a hammer, everything looks like a nail.  If you built your reputation, if your role in society has been to promote computer technology, technological or technocratic solutions to problems, everything looks like a technocratic problem."

"The problem is climate change isn't a technocratic problem," Mann argues. "We have the solutions --- wind, solar, geothermal. [Gates] downplays those solutions, based on what I would say is an unbalanced assessment of the literature and what researchers have found. He downplays the potential for renewable energy to meet our needs and help us decarbonize our economy. By downplaying the obvious solution, it leads him to promote far riskier strategies --- like geoengineering, massively interfering with the Earth's system in some other way to try to offset global warming. What could possibly go wrong?"

"This problem at this point is a political problem, it's not a technological problem. We have the solution. The problem is that we don't yet have the representation in our government," asserts Mann, noting that Gates "actually said, 'Well, I don't know what the solution is to the politics here.' If you don't know the solution to the politics, then you don't know the solution to the problem, because that's what it is at this point. It's a political problem."

Our conversation is enlightening, encouraging, and, yes, maddening at times. We discuss, for example, one of Gates' "solutions" to the climate crisis: more nuclear energy. But even a number of esteemed climate scientists argue that we can't decarbonize without relying on nukes. Mann disagrees and explains why.

He cites peer-reviewed literature from energy experts who "all come to the conclusion that we can meet 80% of projected energy demand by 2035 from renewables, and 100% by 2050...based on existing technology," adding, "That's without nuclear."

As usual, there is much more in our in-depth conversation with Mann than I can cover here, but that is well worth tuning in for. Mann himself, in his Newsweek piece, notes that both he and Gates are optimistic about the future, and that he hopes to find places where their two different paths toward the same ultimate goal may converge. "Whether we have a crisis is no longer a matter of worthy debate. Precisely how we solve it is."

And, yes, we welcome a response from Gates. Happy to have him on the show, with or without Mann there to debate him as he sees fit. Though we do hope that our good-spirited snark today about Windows crashing won't keep Microsoft's former CEO from dropping by...

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As Washington State's Democratic Senator Maria Cantwell suggested last week, the phony GOP uproar over Rep. Deb Haaland (D-NM)'s nomination by Joe Biden to become the first Native American Secretary of the U.S. Interior Department is a 'proxy fight' over something else entirely. It might be over the dim future for fossil fuels. It might be over the fact that Haaland would be the first indigenous cabinet member for any Presidential Administration in U.S. history. Or it might be the fact that the GOP, without any real governing philosophy or values, is simply flailing to find relevance. We discuss all of the above with our guest on today's BradCast.  [Audio link to full show is posted below summary.]

But first up today, some late breaking news following on our conversation on yesterday's show with Dr. Karl Krupp of the University of Arizona's Zuckerman College of Public Health. He argued that, while COVID numbers have (thankfully) fallen precipitously in recent weeks from our horrifically deadly surge in the Fall, we may now be on the verge of "screwing it up all over again." Both he and top federal officials at the CDC see the previously-declining numbers beginning to plateau and/or tick back up in recent days, as states and cities are, once again, prematurely lifting restrictions.

Late news today both supports his worry on one hand, and somewhat mitigates it, a little bit anyway, on the other.  This afternoon President Biden announced that he has helped to broker a deal between Johnson & Johnson and Merck, the two pharmaceutical giants, to speed manufacture of J&J's newly-approved one-dose vaccine. Aided by his implementation of the Defense Production Act, he declared on Tuesday, the two companies, along with Pfizer and Moderna, will create enough vaccine for every American adult by the end of May. That is two months earlier than the Administration previously projected.

While that is certainly encouraging news, it is somewhat blunted by the idiot Governor of Texas, Greg Abbott's announcement today that, in direct contravention of warnings from scientists and federal health officials, the Lone Star State is immediately ending its statewide ask mandate and allowing all businesses to reopen to 100% capacity again. That, even as TX is still seeing about 7,600 new cases each day and averaged 227 COVID-19 deaths a day over the past week.

As Dr. Krupp warned on this program yesterday, we could see new record highs in the near future if we begin "screwing it up all over again". Both he and I, hoped his fears would be wrong. We'll find out soon enough.

In the meantime, Republicans continue to slow-walk top appointments to the Biden Administration, including his new head of Health and Human Services, despite the historic (and once again worsening) pandemic we are still battling.  Clearly, Republicans don't care. But what they do care about is fossil fuel production by the companies which fund their campaigns. To that end, last week's confirmation hearings for Rep. Haaland in the U.S. Senate's Energy and Natural Resource Committee were both revealing and maddening, especially for those in the Native American community.

Members of Indian Country have been watching her grilling in dismay and occasional fury as the first Native American nominated to head up any Cabinet level federal agency was falsely derided during her confirmation hearings last week as a "radical," largely by white, male GOP Senators who are, themselves, radically out of touch with even their own constituents' desire for more renewable energy and less fossil fuel development. Louisiana's Sen. John Kennedy went so far as to deride Haaland as a "neo-socialist, left-of-Lenin whack job" (before attacking Biden's now-abandoned nominee to head the Office of Management and Budget, Neera Tanden, for posting mean tweets some years ago.)

But are the almost-certainly futile attacks on the New Mexico Congresswoman about more than her not-radical-in-the-slightest position on fossil fuels? We're joined today by journalist, activist, and artist JULIAN BRAVE NOISECAT,  Vice President of Policy & Strategy at Data for Progress, as well as a member of the Canim Lake Band Tsq'escen and descendant of the Lil'Wat Nation of Mount Currie. We discuss what lies behind the pathetic pushback against Haaland's nomination and why it is such a monumental moment for so many Native Americans around the nation.

NoiseCat has recently written about the pointless and embarrassing attacks on Haaland in her confirmation hearings at both The Nation and Washington Post, where he charged that  "Republicans’ depiction of the first Native American ever nominated to the Cabinet as a 'radical' threat to a Western 'way of life' revealed something about the conservative id: a deep-seated fear that when the dispossessed finally attain a small measure of power, we will turn around and do to them what their governments and ancestors did to us."

We discuss all of that and more today with NoiseCat, who explains the horrendous historic role that Interior has held in the genocidal treatment of American Indians, and the important mission that it now carries out for all Americans, but especially those in the West. (It is also home to the Bureau of Indian Affairs.) "Never before in the history of Interior have we had a Native person on the other side of the desk," he tells me. "And I think Native tribes are very hopeful we can make some further headway in correcting the nation-to-nation relationship between the United States and its first peoples."

He also explains, by the way, why "Republicans might actually be burning their own wagon" in attacking Haaland.

Finally, Desi Doyen joins us for our latest Green News Report, as hundreds of thousands in Abbott's "free" Texas are still fighting to obtain water, two weeks after a winter storm knocked out power and water in the Lone Star State; the battle for water for thousands in Jackson, Mississippi after the same storm; and the natural gas industry's desperate attempt to keep their aging empire from collapse...

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IN TODAY'S RADIO REPORT: Water crisis persists in Texas and Jackson, Mississippi, two weeks after extreme winter storm; Latinos disproportionately exposed to worst water in US, new study finds; US House passes Biden's COVID relief bill boosting heating assistance for low-income families; PLUS: As cities move to electrify buildings, the natural gas industry is striking back... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Austin, Texas had a bold new climate plan – until a gas company got involved; Biden administration pauses transfer of holy Native American land to mining firm... PLUS: More States Follow California's Lead On Vehicle Emissions Standards... and much, MUCH more! ...

Plummeting COVID rates and FDA approval of a brand new, one-shot vaccine seem like very good news! And it is...if it weren't for our propensity to screw it all up again, as our guest on today's BradCast explains. [Audio link to today's full show is posted below this summary.]

But first, in other good/bad news reports today, the former conservative President was found guilty of corruption and sentenced to a year in prison on Monday! The bad news is that it wasn't our former "conservative" President, but French President Nicolas Sarkozy. Still, it does suggest that modern, civilized democracies can hold even the most powerful to account. We'll see if the U.S. justice system learns anything from that example.

In the meantime, we clearly have yet to learn the lesson about the need to modernize our critical infrastructure --- or of the dangers of deregulating, privatizing, and profiteering from essential services such as power and water. The shameful, widespread outages in Texas from a winter storm two weeks ago offered a fresh reminder about that, even as hundreds of thousands in Houston remain under boil water orders today.  But, much less noticed and reported on than the mess in Texas is the fact that tens of thousands are still without clean water --- or even any water at all --- in much of Jackson, Mississippi, where decades of failure to invest in the city's antiquated water system has now left much of it without water at all for the past two weeks. As it turns out, however, the areas of Jackson without water just happen to be the predominately black areas of the state's 80% African-American capital city.

Long overdue improvements to critical infrastructure could finally begin in some states and cities with the passage of President Biden's wildly popular American Rescue Plan. The U.S. House passed the $1.9 trillion package --- which includes $1,400 individual checks and hundreds of billions in relief to families, businesses, schools, unemployed workers, as well as cash-strapped cities and states --- late last Friday night. The House version also a includes the very popular $15/hour minimum wage mandate, even though the Senate Parliamentarian declared last week that the provision could not be included for passage under Senate Budget Reconciliation rules. Those rules would allow the package to be adopted by a simple majority vote in the Senate this week, rather than the 60 votes currently needed for passage under the Senate's archaic, undemocratic, Jim Crow-era filibuster rules.

Despite the popularity of the package (76% approval over all, including 60% of Republican voters), there were zero votes for passage by GOPers in the gerrymandered House. Republicans in the Senate are believed likely to similarly ignore the preferences of a majority of their own voters. That, even though the measure enjoys bi-partisan approval by voters and the package also includes tens of billions of dollars to speed distribution of COVID vaccines.

Speaking of which, a third vaccine received FDA approval over the weekend, and millions of doses are now said to be on on their way to distribution points.  The first single-dose vaccine to be granted FDA emergency use authorization for COVID-19 is Johnson & Johnson's. It is said to be highly effective and requires only regular refrigeration for storage, as opposed to sub-freezers. So, in theory, it is much easier to get out and into people's arms quickly. But is it as effective as Pfizer and Moderna's vaccine? And does it matter one way or another? We discuss that with our guest today as well.

As COVID infection, hospitalization and death rates have been plummeting in recent weeks, epidemiologists have become worried. There are signs that the precipitous drop after the horrendously deadly autumn surge last year has begun to plateau at similarly high rates to those we saw just before that surge. But now, there are much more transmissible variants emerging. At the same time, states and cities are beginning to lift restrictions again --- just as they did before last year's surge that quickly propelled deaths to more than 500,000 in the U.S.

We're joined today for some very helpful insight on both the vaccines and concerns about the current rate of spread, by DR. KARL KRUPP of University of Arizona's Zuckerman College of Public Health. In short, Krupp warns, "we're screwing it up all over again."

"To be quite blunt about it" Krupp tells me, citing those who ignored warnings from public health authorities about reopening schools and businesses before Thanksgiving last year, "It's funny how short of a memory we have. We're just approaching where we were in the middle of October.  We're just coming back from where we went the first time we did everything wrong. And the question is, are we going to do everything wrong this time?"

His answer is not necessarily encouraging, as he predicts that we could very well see not only a fourth surge, but one that is even higher than what devastated the nation late last year.

As to the vaccines, we talk about the fact that Johnson & Johnson's, while only requiring a single dose, is said to be only 66% effective against the virus, as compared to the 94 and 95% rates of the Pfizer and Moderna vaccines. Though the newest vaccine to obtain FDA approval also is said to be 85% effective against severe cases and, to date, 100% effective in preventing hospitalization and death.

But, if given a choice, wouldn't it be smarter to take the Pfizer or Moderna versions? Krupp is sympathetic to those concerns, but argues that Americans should take any vaccine they can get as quickly as possible right now. He explains why. He also answers a bunch of questions about whether those who have been vaccinated can still become infected or infect others and discusses concerns that minority communities are currently being vaccinated at far lower rates.

He also offers his predictions as to when life might actually return to normal, and when it will return to mostly normal --- or at least something that feels much more like the Before Times. Please tune in for today's very insightful --- and hopefully helpful! --- conversation...

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I'm sorry to end the week on such a scary note, but I don't make the news, I just report it. It's NICOLE SANDLER again, guest hosting another edition of the The BradCast today. [Audio link to the full show is below.]

I read an article at Vox titled "Two Supreme Court cases could destroy what remains of the Voting Rights Act". It so thoroughly freaked me out that I immediately reached out to its author, IAN MILLHISER, and invited him to join me on The BradCast.

The fact is, Trump stacked the courts with right wingers who'll stop at nothing to get and retain power. And it's not only that. We're headed down a really ugly road, as is evidenced by watching the wingnut travesty that began today in Orlando known as CPAC. One look at the stage and you realize something's not quite right. Look closely and you'll figure it out. There's no question that it's in the shape of the Odal Rune, a decidedly fascist symbol that was worn as a badge by the SS during WWII.

I started the show with the latest news. And ended it with some lighter fare because after all of this depressing stuff, we needed something to laugh about. I hope it worked!...

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Contrary to GOP gaslighting, the source of the Lone Star State's disastrous power outage cannot be found in the yet-to-be adopted Green New Deal or in a failure of wind turbines, which account for only a small percentage of the energy supply in Texas. As Naomi Klein observed, when she recently appeared on Democracy Now, "Texas is about as far from a Green New Deal as you can possibly get."

The true source of the Texas energy failure, per Klein, lies in the Enron-like deregulation of the Texas energy grid.

As has occurred in other privatized and profit-driven sectors of the economy, like healthcare, where profit-driven "efficiencies" resulted in an insufficient hospital bed capacity in the midst of the deadly COVID-19 pandemic, Texas failed to deploy "built-in redundancies," she explained. While uniquely refusing to be a part of either of the two national energy grids, the state's 1999 deregulation scheme also failed to account for the impact of extreme weather on its own, isolated statewide power grid.

The failure of some wind turbines in TX, for example, was entirely avoidable. Wind turbines, according to a Canadian government study, can include "cold weather packages" that allow them to function in temperatures as low as -30C (-22F). In fact, the U.S. Research Station at McMurdo Sound in Antarctica operates on wind turbines that produce enough electricity to power 100 American homes.

Thermal energy production by natural gas, coal and nuclear, accounts for about 80% of energy production in the state. Those systems, which were also not winterized, brought the most disruption to the state's energy supply.

But the problem isn't limited to the profit-driven evasion of "built-in redundancies". Those Texans who didn't lose power became victims of what Tyson Slocum of Public Citizen's Energy Program described as "predatory utility pricing" in which the cost per megawatt hour (MWh) suddenly spiked from $20/MWh to $9,000/MWh. Roland Burns, CFO of Comstock Resources, Inc., a natural gas supply company owned by Dallas Cowboys' billionaire owner Jerry Jones, boasted that the Texas power disaster was "like hitting the jackpot."

Sound familiar? It should...

I'm back! It's Nicole Sandler, filling in for Brad and Desi for a couple of days so they can celebrate Desi's birthday. Any excuse for some downtime. Welcome to today's BradCast.

It was another busy news day, as confirmation hearings continue for Biden's cabinet picks.The Equality Act passed the House today, but not before Rand Paul went on a homophobic rant, aimed at the first transgender woman to be nominated for a Senate-confirmed federal position. In this case, it was a confirmation hearing for Dr. Rachel Levine, the nominee for Assistant Secretary for Health, and Dr. Vivek Murthy, the Surgeon General Nominee. And Rand Paul just couldn't help himself. He went off on her. And in the House, Marjorie Taylor Greene put up an ugly sign to counter her across-the-hall neighbor Marie Newman, who put out an equality flag to celebrate her transgender daughter and the Equality Act, which would be voted on later in the day. So much for unity.

This country has been through some trying times, and we've survived. Today, we went back to the beginning with historian ALEXIS COE, author of You Never Forget Your First: A History of George Washington.

And before she left to celebrate her birthday, Desi left us with a new edition of the Green News Report...

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IN TODAY'S RADIO REPORT: Historic Interior Department nominee Rep. Deb Haaland pledges balance amid GOP attacks; New U.S. Postal Service trucks won't be all-electric; Texas deregulation cost electricity customers $28 billion more than a regulated utility market; PLUS: Refineries legally released tons of toxic air pollution during Texas power crisis... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Bats, birds killed by Southern freeze; Winter storm could cost Texas more money than any disaster in state history; Frozen Pipes Are Warnings of Yet Another Climate Threat; Corporate Climate Disclosures to Get Aggressive Scrutiny by SEC; Minnesota Supreme Court Hands Victory To PolyMet Copper Mine; Hot Houses: The Race To Save Bats From Overheating As Temperatures Rise... PLUS: New Evidence Shows Fertile Soil Gone From Midwestern Farms
... and much, MUCH more! ...

On today's BradCast: Try as they did, Donald Trump and the Republican Party were unable to steal the 2020 Presidential election. But they've got their plans in place for how to try and do it next time. They just need their currently stolen and packed Republican U.S. Supreme Court majority to help them pull it off. This week, SCOTUS chose not to do so --- even if they may in the future. But, in a separate decision, the Court did radically help increase the odds that our disgraced former President could be headed to jail before he's even able to run for office again. [Audio link to show is posted below summary.]

But first up today, some good news out of Virginia, where more people have been put to death by the Commonwealth's government than in any other state in the nation. Since their founding as a colony in 1608, some 1,390 people have been executed by the government there. Since SCOTUS reinstated the death penalty in 1976, Virginia has executed 113 people. That is more than any other state but Texas. This week, however, following Democrats gaining majorities in both chambers of the legislature, Virginia will now become the first Southern state --- and the 23rd in the union --- to abolish the abhorrent practice. And not a moment too soon, particularly given the systemic racism of their death penalty practices. For example, as the Death Penalty Information Center pointed out to Washington Post this week, "From 1900 to 1969...Virginia did not execute a single White person for any offense that did not result in death, while 73 Black men were executed for rape, attempted rape or robbery." So, yeah. Very good news out of Virginia this week, as Democratic Gov. Ralph Northam prepares to sign the long-overdue measures finally adopted by the state legislature.

Speaking of state legislatures, on yesterday's BradCast, we reported on this week's decision by SCOTUS to purge a bunch of held over Trump/GOP challenges to the 2020 election. Cases from Pennsylvania, Wisconsin, Michigan, Georgia and Arizona were all dismissed as moot. But dismissal of the Pennsylvania cases found three Justices --- Thomas, Alito and Gorsuch --- in dissent [PDF]. The two nearly identical cases in question had challenged the PA state Supreme Court's decision to extend the deadline [PDF] for the return of absentee ballots by three days after Election Day, due to the pandemic, slowdowns by the U.S. Postal Service and a provision in their state constitution mandating fair elections.

With all of their many other attempts to steal the 2020 election having failed, the GOP has now latched on to a radical interpretation of the U.S. Constitution's Elections Clause to argue that only state legislatures --- not Governors, not Secretaries of State, not State Elections Board or even state Supreme Courts --- may set any procedure for federal elections. Therefore, the Trumpers argued in their now-dismissed Pennsylvania challenges, the three day extension by the PA Supreme Court to enforce their state's Constitution by allowing for the arrival of late mail-in ballots cast by Election Day, was an unlawful violation of the U.S. Constitution.

Though no SCOTUS majority has ever affirmed this extreme reading of the federal Constitution, this is what many Republicans have now decided to believe to make themselves feel better after losing last November. In Pennsylvania, however, there were only 10,000 late arriving ballots and Joe Biden won the Keystone State by about 80,000. So SCOTUS decided the issue was moot and dismissed the cases. But Thomas, Alito and Gorsuch argued the case should have been heard anyway.

"A decision in these cases would not have any implications regarding the 2020 election," Alito wrote in dissent. "But a decision would provide invaluable guidance for future elections." On yesterday's program, I actually agreed with Alito and explained why.

Today, for a counter-point, we're joined by Slate's great legal journalist MARK JOSEPH STERN who offered a very different view from mine in his own coverage of Monday's decision by the high court. While justifiably destroying Justice Thomas' solo dissent in which he argued that mail-in ballots are bad even if there is no fraud, simply because people may think there is fraud, Stern also argued that SCOTUS was right to dismiss the case, rather than hear it. In part, he argues, that's because this Court has been packed so far to the extreme right. "We should be very afraid of what the Court would say," he tells me. "And that fear is enough for us to just hope that the Justices put off a decision on this matter for as long as humanly possible."

But I disagree with Stern and, in a very spirited debate, explain why. Who wins that one? Tune in and decide for yourself.

Stern also comments today on whether our failed former President should be concerned that his own packed and stolen U.S. Supreme Court, in an apparently unanimous decision on Monday, finally allowed Manhattan District Attorney Cyrus Vance to obtain Trump's financial and tax records as part of Vance's grand jury criminal probe into alleged bank, tax and insurance fraud by Trump and his organization. In short, Stern asserts, "the answer is yes," Trump should be very concerned. "They're looking at felony offenses here, not just civil offenses, run-of-the-mill white collar stuff, but serious crimes. I do think there's a serious chance that we could see an indictment of Donald Trump coming down the pipeline in the near future." Though he does add a caveat or two.

Of even more immediate concern, Stern recently wrote, Trump's efforts to interfere with Georgia's election results --- for example, cajoling and threatening the state's Secretary of State Brad Raffensperger to "find" enough votes to declare him the winner --- could spell trouble, and even jail time, even sooner.

"You'll see some people argue that Trump can't be convicted under this law --- the ban on criminal solicitation of election fraud --- because he didn't have the requisite state of mind, because he didn't actually want the Sec. of State to falsify records because he was deluded enough to believe that there were actually 12,000 secret votes for him out there that could be found. That's a question for the jury, that's not a question for the prosecutors or the grand jury. That is something Trump could argue at a criminal trial," says Stern, before adding: "I think that any reasonable reading of that transcript proves that Trump was, in fact, looking for the Secretary of State to falsify records, to commit election fraud. It is very difficult to read those sentences in any other way."

He explains why Trump could soon be looking at anywhere from 1 to 3 years in that criminal probe by the Fulton County (Atlanta) District Attorney and whether he thinks it is actually possible that a former President of the United States may actually receive prison time before all of this is said and done...

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By a number of happily surprising measures, the confirmation of Joe Biden's Attorney General nominee is going very well. Perhaps even better than expected, according to our guest on today's BradCast.  And, best yet, it may even result in some serious consequences for our former President. [Audio link to full show is posted below.]

But, first up today...The U.S. Supreme Court on Monday finally dismissed a bunch of silly and/or meritless MAGA challenges to the 2020 Presidential elections results in Pennsylvania, Wisconsin, Michigan, Georgia and Arizona. But the case out of Pennsylvania, in which dissents [PDF] to its dismissal were offered by Justices Clarence Thomas, Sam Alito and Neil Gorsuch, warrants notice. The case argued that the Pennsylvania Supreme Court, in ordering [PDF] a three-day extension for the arrival of mail-in ballots, prior to the November 2020 election, violated the U.S. Constitution. The PA Supremes found that, given the pandemic and slow-downs in mail delivery by the U.S. Postal Service, the state's deadline for ballots to arrive by the close of polls at 8pm on Election Night violated their own state constitution's mandate for fair elections. The Republican challenge to their ruling charged that the state high court was in violation of a radical interpretation of the U.S. Constitution's Elections Clause allowing "The Times, Places and Manner of holding Elections" for federal office "shall be prescribed in each State by the Legislature thereof".

That, their argument goes, means that only state legislatures may set any provision whatsoever pertaining to elections. Any such procedure set by a Secretary of State or Governor or even a state Supreme Court is therefore unconstitutional on the federal level. Or so the GOP is now claiming. It is, for several reasons, a ridiculous argument. But it is one that has been given new life in the Trump Era as desperate Republicans took their cue from the former President to come up with any reason whatsoever to nullify election results they didn't like.  There are now at least three, arguably four, Justices on our stolen and packed U.S. Supreme Court who appear to buy into the radical argument. Nonetheless, the case was dismissed on Monday on the grounds that the matter was moot. (There were about 10,000 late arriving ballots in PA last November, and Biden won the state by about 80,000 votes.) But, without an election hanging in the balance, the dissenters noted that this case would have been an ideal moment to settle this matter. Oddly enough, I actually agree on that last point with Thomas, Alito and Gorsuch, and we discuss why on today's show.

That, as GOP-controlled legislatures around the country continue to move forward with new voter suppression schemes following their loss on the Presidential level in 2020. Today for example, Georgia's Republican-majority Senate approved a measure that would require a copy of a Photo ID to even request a mail-in ballot. And that's just the start of what the state's wingnut legislature is now up to, after having recently lost the Presidential race and two U.S. Senate seats in the Peach State.

All of which underscores again the critical need for Congress to pass HR-1, the "For the People Act," which would go a long way toward blocking the new GOP attacks on the right to vote. To do that, of course, Democrats in the Senate will need to end the filibuster. And to do that, Democratic Senators Joe Manchin and Kyrsten Sinema will have to come to understand how they are allowing these overt attacks on democracy itself to worsen at the state level, as they protect the undemocratic Jim Crow-era filibuster.

Then, we're joined by longtime national security and accountability blogger MARCY WHEELER of Emptywheel, who has now moved to Ireland for reasons that she explains on today's program. The real reason we wanted to catch up with her, however, is to discuss the ongoing confirmation process for Biden's AG-designate Merrick Garland --- who completed his GOP-stalled second day of testimony in the U.S. Senate on Tuesday and to discuss Monday's unanimous ruling by SCOTUS that Trump's financial documents must now be handed over to the Manhattan District Attorney, Cyrus Vance, Jr., for his criminal probe into alleged tax, bank and insurance fraud by Trump and his organization, as well as the unlawful conspiracy he directed involving hush money payments to porn star Stormy Daniels before the 2016 election.

Is Trump soon to face very real accountability that could actually include jail time? Whether it's in the New York state case, another criminal investigation into his election interference in Georgia, or even under AG Garland's promised federal response to the conspiracy to take over the U.S. Capitol on January 6th?

Wheeler has lots of thoughts on all of the above on today's BradCast --- and you probably won't be angry about (most of) them. I'll share just one of them for now here, regarding those charged for conspiracy for the January 6th attack on the U.S. Capitol: "All of these defendants, one after another, saying 'I was just swept up by the inflammatory language of the then-President. That may be true, but it doesn't get them off for the crime. But if one after another are saying 'Trump made me do it,' then at some point you've got to respond to that."

Now may be a good time to brush up on the legal meaning of the phrase "seditious conspiracy."

Finally, we close with Desi Doyen and our latest Green News Report, on the continuing fall out from the Texas power and water failure over the past week, the fossil fuel-funded GOPers who lied about it, and the not-a-moment-too-soon official U.S. return to the Paris Climate Agreement...

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(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Texas power crisis over, for now, as water crisis continues; Texas Republicans that falsely scapegoated wind energy are getting big bucks from the fossil fuel industry; U.S. rejoins U.N. Paris Climate Agreement; PLUS: The case for rebuilding U.S. infrastructure for climate resilience... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): El Paso Heeded the Warnings and Avoided a Winter Catastrophe; Partisan Fight Over Deb Haaland, First Native American Cabinet Pick; FERC gives preliminary permit to 2.2 GW storage project in NM; New Data Reveal Where Flood Damage Is An Existential Threat; As Cities Grapple With Climate, Gas Utilities Fight To Stay In Business; 20 percent Of Wisconsin Wolves To Be Killed After Court Sides With Hunters... PLUS: Texas electricity crisis and the energy transition... and much, MUCH more! ...

There was so much news over the weekend and into Monday that it began to feel a bit like the Trump Era again. Don't worry! It ain't. But it sure felt like it trying to get caught up on today's BradCast. (Or maybe it was barely making it on air in time after we learned the catalytic converter had been stolen from our Prius. Apparently, that's now a thing!) [Audio link to full show is posted below summary.]

Among the stories covered at the top of today's show:

• The U.S. reached the grim milestone of 500,000 confirmed deaths due to COVID-19, the disease which our failed former President had told us would simply "disappear like magic" when the weather warmed last year in Spring. Turns out he was genocidally wrong.

• Speaking of Donald Trump the failure, it looks like he's finally run out of options to prevent his accounting firm, Mazars USA, from turning over subpoenaed tax and other financial documents to Manhattan District Attorney Cyrus Vance, Jr.'s criminal investigation into Trump's hush money payments to Stormy Daniels and into other allegedly fraudulent tax and loan schemes. The U.S. Supreme Court --- yes, even those in the stolen and packed seats filled with Trump appointees --- denied the disgraced former President's final appeal on Monday.

• And, speaking of Trump-related frauds, his buddy Mike Lindell, the CEO of MyPillow, was sued today by Dominion Voting Systems for more than $1.7 billion dollars, in just the latest example of attempted accountability for the suckers who played along with Trump's Big Lie that the 2020 Presidential election was stolen by computerized voting and tabulation systems. Lindell, the wingnut Trump suckup who produced a silly documentary called Absolute Proof (which, as I explain, appears to contain everything but that), has ignored the private voting vendor's prior legal warnings to cease and desist his false claims alleging that Dominion's systems were used to steal the election for Joe Biden. Monday's Dominion suit against Lindell [PDF] is just the latest. The company previously sued Trump attorneys Rudy Giuliani [PDF] and Sidney Powell [PDF] for the same amount in each suit. Another company, Smartmatic --- which has only one contract in the U.S. (here in Los Angeles County, not in any of the battleground states) --- was similarly targeted by Team Trump's Big Lie, as they re-imagined a BRAD BLOG exclusive from 2010 to support their evidence-free claims. They have recently sued Fox "News" [PDF], several of their hosts, as well as Giuliani and Powell for $3.7 billion. We suspect there are still more such suits to come.

Then, as Texas finally begins to thaw out from a massive winter storm that knocked out power and water to millions in the state last week (thanks to the Lone Star State's deregulated system that left it up to private power utilities to decide if they wished to winterize their systems --- they held onto their profits instead, go figure!), it is, once again, the most poor and disenfranchised minority communities who are likely to have the most difficult time recovering. As is too often the case after such disasters, communities of color are likely to pay the biggest price for it.

We're joined today by DR. ROBERT BULLARD, Distinguished Professor at Texas Southern University, author of some 18 books, co-chair of the National Black Environmental Justice Network, and known as the "Father of Environmental Justice". Bullard himself was a victim of last week's power failures in Houston for several days.

"Texas prides itself on being the Lone Star State," he tells me. "But this severe weather event and the power outages and loss of water, has shown us that we are the ALONE Star State. Our energy policy of go it alone, keep the federal government out, doesn't make any sense. And it's never made any sense. We need to re-join the United States [and] rejoin the grid."

"They planned it on the cheap. These [Texas] officials had the nerve, they had the gall to say 'Oh, it's the windmills causing the problem.' In Texas, we have privatized the energy system to the point where people gambled --- they gambled and lost," he says.

Bullard explains the concept of "Environmental Justice" in layman's terms for us, as the need to overcome decades of redlining and poverty that has resulted in a disproportionate impact on minority communities when it comes to pollution, natural disasters and climate change itself. We discuss the "cascading threats that are pushed into certain communities. That's the double whammy, the triple whammy --- what the medical folks call 'co-morbidity', but we call it 'You get hit with everything damn thing!'" He adds: "How these things intersect, it means that these communities are limited when the lights go out, limited in terms of their ability to bounce back. This, for communities that are struggling with a challenge, with a disaster, and the disaster that will unfold when they get these big bills, when the shutoffs come."

On the positive side, however, on the same day that Joe Biden's Attorney General-designate Merrick Garland cited "communities of color and other minorities [who do not have equal justice and] bear the brunt caused by pandemic, pollution and climate change," during his Senate confirmation hearing, Bullard is optimistic. He says he is encouraged by the new Biden Administration's promises to tackle systemic racism and the need for environmental justice.  "These issues were on the ballot in November and we won," Bullard asserts. "We won on policies and platforms that brings justice at the center. Not a footnote, but a headline.  Environmental justice, climate justice, economic justice, racial justice, energy justice, health justice. JUSTICE is the headline"...

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