There has been a boatload of news from late on Friday, over the weekend, right on up to airtime before today's BradCast. That seems to happen a lot these days. In any event, we tried to keep up or get caught up with a whole bunch of it today, and to take calls from a diverse range of listeners on almost all of it.

Among the topics and news items we discussed today (along with a number of callers who saw some of these things differently than me...at least when their calls began)...

• The House GOP's dangerous plan to hold the nation's borrowing limit (and the nation's and world's economy along with it) hostage to their disingenuous demands to cut spending programs such as Social Security and Medicare. The White House is refusing to negotiate on the stupid, statutory debt limit, but should they?

• The corporate media's ridiculous coverage of some more classified documents discovered at Joe Biden's home over the weekend, thanks to a 13-hour consensual search by the DoJ that uncovered a few more documents. Despite the entirely different nature of this case as compared to Donald Trump actually stealing classified documents, refusing to return them, even after subpoenaed, and lying to officials about them, corporate media outlets --- and elected Democrats who are too cowardly to challenge them --- are painting the two cases as somehow similar. Or, at least, claiming that Biden's case means charges cannot not be be brought against Trump for some reason. As explained, that is absurd.

  In fact, this is the "Goofus and Gallant" of document scandals, as fans of Highlights Magazine from the dentist office of your childhood may remember. Goofus (Trump) stole documents and, when caught, lied and refused to return them. Gallant (Biden) discovered he had documents he wasn't supposed to have, promptly notified authorities and returned them. As explained today, if anything, that stark difference should make it more, not less likely that Trump is charged. Or even that both are charged. But to suggest Trump can't be charged now --- as media and some Dems are doing --- is patently ridiculous. We discuss. Including with callers. One of whom tells us she also got in trouble regarding classified documents that were accidentally mishandled by someone who worked with her.

• An 11th victim was pronounced dead shortly before airtime today in the mass shooting that took place at a dance hall Lunar New Year celebration in Monterey Park, just east of L.A. over the weekend. One interesting caller tried to make the case that the problem with all of these mass shootings is not semi-automatic weapons with extended magazines that can kill dozens of people within second. The real problem is mental health issues in America, he argued. Our conversation was very interesting, I thought. You'll let me know if you agree.

• Four more Oath Keepers were found guilty today of Seditious Conspiracy for their part in attacking the U.S. Capitol during the insurrection on January 6, 2021. The leader of that conspiracy, however --- the disgraced former President --- has yet to be charged.

• The idiot infamously photographed putting his feet up on the desk in then-House Speaker Nancy Pelosi's office during the Jan. 6 insurrection was found guilty today on all 8 counts on which he was charged after just two hours of jury deliberation. He also brought a weapon into the office with him and stole an envelope. Apparently, the jury didn't buy his "I was just looking for the bathroom" defense.

• A few thoughts on the nearly $1 million in sanctions slapped on Donald Trump and his attorney last week by a federal judge in response to a laughable dismissed-with-prejudice lawsuit filed by the former President against Hillary Clinton, James Comey and more than a dozen other FBI agents and elected officials. The largest single recipient of those sanctions will be Clinton, who Trump will have to give nearly $172,000 to. But Trump's litigation grift continues, as our own Ernie Canning wrote about here earlier this afternoon.

• Another reminder today as to why elections and democracy matter. On Friday, the newly-elected Attorney General and newly-elected Governor in Arizona --- both Democrats for the first time in years --- finally put the state's death penalty on hold, following an horrifically "botched" execution that took more than two hours to complete in 2014. Hopefully, this will eventually result in a full moratorium on the barbaric practice in the state. None of this would have happened had Republicans been elected as Governor or Attorney General last November.

• And, though I don't believe I raised the issue myself today, a caller rang in to explain why Russia's brutal invasion of Ukraine is actually all the fault of the United States...or something. I disagreed and explained why. But, in fairness, as we got to the call very late in the hour, I had to end it much sooner than I would have liked. Hopefully we can pick it up again with more time the next time we're able to open up the phone lines! Always happy to have the conversation and appreciative of all of today's excellent callers!

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"Everything Donald does is transactional," Mary Trump, a licensed psychologist and niece of the disgraced former President has explained.

A scathing federal court decision late last week, awarding nearly one million dollars in sanctions against Don the Con and his attorney in response to just one of his many recent frivolous lawsuits against perceived political enemies, underscores Mary's point. It also details how, since leaving office, 2020's biggest loser has engaged in and continues to engage in a litigation grift.

The withering 46-page order [PDF] handed down last Thursday by U.S. District Court Judge Donald M. Middlebrooks in Donald J. Trump v. Hillary Clinton, et al. does more than explain why the veteran federal jurist awarded an eye-popping $937,989 in attorney's fee sanctions against the former President and his New Jersey lawyer, Alina Habba. The erudite legal ruling also contained an in-depth discussion of more than a half-dozen other deceptive and frivolous lawsuits that this "predator" and "successful sociopath" filed against those he has long hoped to paint as enemies since leaving office.

In an attempt at reversing his more than 7 million vote loss at the polls, Trump and his allies filed and lost 61 out of 62 post-election lawsuits. The cases were so devoid of merit, so replete with deceptive allegations, that many of the former President's attorneys were later confronted with ethics complaints and sanctions ranging from fines, to censure and even disbarment.

In the aftermath of that debacle, a normal, non-sociopathic person would have slunk off towards oblivion, tail between his/her legs. Not The Donald.

From a "transactional" perspective, those 61 "losing" cases were a smashing success. They provided the failed President an opportunity to rake-in $250 million from his gullible "base".

But, along with imposing nearly $1 million in attorney's fees sanctions --- including almost $172,000 that Trump will now have to pay out to perhaps his greatest perceived personal nemesis, Hillary Clinton --- Judge Middlebrooks expressed the need to remediate the harm caused to the 31 named Defendants, whom he regarded as the victims of an "abusive" and "completely frivolous" complaint. His Honor eviscerated Trump's lawsuit as one "that should never have been filed"; a lawsuit that was drafted only "to advance a political narrative; not to address legal harm caused by any Defendant." The veteran and very able jurist also expressed a hope that the eye-popping amount of court sanctions might act as a deterrent.

Nonetheless, as long as Trump's litigation fundraising continues to rake-in enormous sums, it's unlikely that anything short of criminal prosecution for some of his many alleged crimes will ultimately accomplish that worthy goal. Maybe...

Let's make fun of the usual suspects: Republicans.

Today on The BradCast: Naturally. Now they're coming for citizen ballot initiatives too. They really do hate democracy, don't they?

But, first up today... As we await several criminal indictments hopefully headed the way of our failed, twice-impeached former President, an order released by a federal Judge in Florida last night was particularly satisfying.

It came in response to a motion for sanctions by Hillary Clinton, James Comey, Andrew McCabe, Peter Strzok and more than a dozen other defendants in a failed lawsuit filed by Donald Trump and his latest foolish attorney/sucker, Alina Habba, last year. In fact, the first version of Trump's suit was so deficient and devoid of facts or even actual charges, U.S. District Court Judge Donald Middlebrooks was kind enough to allow them to refile it before dismissing the second, longer, but no better version with prejudice.

On Thursday night, Judge Middlebrooks, in a blistering (and I mean blistering) 46-page order [PDF], explained why he was granting the defendants' request for sanctions. He began thusly: "This case should never have been brought. Its inadequacy as a legal claim was evident from the start. No reasonable lawyer would have filed it. Intended for a political purpose, none of the counts of the amended complaint stated a cognizable legal claim. ... Thirty-one individuals and entities were needlessly harmed in order to dishonestly advance a political narrative. A continuing pattern of misuse of the courts by Mr. Trump and his lawyers undermines the rule of law, portrays judges as partisans, and diverts resources from those who have suffered actual legal harm."

And that's just the first two paragraphs! It gets even more brutally scathing from there, before concluding with an order for Trump and Habba to pay nearly $1 million to the defendants for the "completely frivolous bad faith" suit brought for "an improper purpose" amounting to "abusive litigation tactics." Perhaps most fun: the single biggest award of fees for a single defendant went to Clinton, who Trump must now pay almost $172,000!

Then, in more serious news today... Progressive citizen ballot initiatives did exceptionally well in 2022, on everything from abortion rights to the legalization of marijuana to the expansion of health care. Yes, even in so-called "red" states. As it turns out, progressive ideas seem to be wildly popular among voters of all stripes! And there is likely much more to come in 2023 and 2024, on abortion rights, minimum wage, gun safety, independent redistricting commissions and much more.

Therefore, in a number of states where Republicans have locked themselves into power with gerrymandered legislatures, they are moving toward making such statewide exercises in "direct democracy" more difficult to get onto the ballot in the first place, and hoping to make them harder to adopt by raising the threshold for passage, for example, from 50% to 60% where they can get away with it.

We're joined today by CHRIS MELODY FIELDS FIGUEREDO, Executive Director of the Ballot Initiative Strategy Center to discuss both progressive successes on statewide ballot measures around the country in 2022 and what the GOP is now doing to try and prevent those successes from happening again.

"That was a huge moment last year in a trend that I know is going to continue as we look at 2023 and '24, where we really see, in many states, that our elected officials are out of touch with the people," Figueredo tells me. "And in most states where they tried to limit the ability of the people to bring forth issues to their community through the ballot measure process, in most cases those were rejected in the states. So there's a lot of opportunity ahead of us."

But, she cautions, "We are seeing a direct backlash to what is happening across the country, of progressive issues winning when they're put before the voters. We're not seeing those changes, which the people say are urgent and important, through our representatives in government, whether it's at city council, whether it's at the state legislative level, and even in the federal government."

We've got a lot to discuss on all of this, including where the direct democracy ballot initiative process has seemingly been captured by corporate interests (in states like California) and about the dozens of states which still don't even allow citizens to place measures on the statewide ballot at all.

I'm also curious how much of the new blowback against such initiatives Figueredo attributes to the number of them in recent years that have instituted independent redistricting commissions in hopes of breaking gerrymandered strangleholds that the GOP still has on many state legislatures. "You have to connect the dots," Figueredo responds. "I think this is ultimately the question that is before us right now in our democracy. Is it of, for and by the people? And who ultimately has the power to make decisions for all of us? That's what's at stake right now."

"It's ultimately this question about power. You can connect the dots. And if we are looking at the ballot initiative process, or the initiatives in general, as a tool for power in our democracy, then yes, if you are an elected official who does not agree with people who may be your constituents and it doesn't fit your agenda, then your next step would be to undermine or weaken the will of the people."

There is much more in our conversation today, including what the U.S. Supreme Court may soon do to gut all such statewide initiatives regarding elections in their upcoming Moore v. Harper decision. Please tune in!...

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Is there any amount of blatant corruption that would result in Ohio voters finally turning against Republicans? As we discuss in detail on today's BradCast, state GOP lawmakers seem to really be testing that question at this point. [Audio link to full show is posted below this summary.]

But, first up, speaking of testing voters, the Treasury Department made it official today. The U.S. Government has now hit its current, statutory borrowing limit. We are now officially using "extraordinary measures" to continue paying our bills to avoid defaulting on our debts. But that can only go on for so long. At this point, according to Treasury's best guess, the U.S. will see its first-ever default "before early June" unless House Speaker Kevin McCarthy and his Republicans in Congress cast a simple vote to raise the amount we are allowed to borrow so that we can pay for all the stuff that Congress and Presidents of both parties long ago agreed to pay for.

It's not hard. It's been done about 80 times since the 1960s, mostly without a problem. But now, with a Democrat in the White House and radicalized Republicans in control of the U.S. House, GOP hard-liners seem determined to play a dangerous game that could result in a national or even world-wide recession or depression. They are pretending to care about the national debt, after years of voting to increase spending while reducing revenue with huge tax cuts for corporations and the wealthy. Their performative actions now --- as they hold the nation hostage, demanding cuts to Social Security and Medicare --- will only make the national debt worse. Will voters remember, the next time they go to the voting booth, the damage the GOP seems hell-bent on causing?

We can only hope there will be some not totally insane, "moderate" Republicans left in Congress to join with Democrats to end this madness before its too late, because nobody knows how bad the damage will soon be if they don't. They are likely to run this up to the wire. Again. So, buckle up.

Meanwhile, there's Republican-controlled Ohio, with its totally not insane, supposedly "moderate" Republican Governor, Mike DeWine. He just signed legislation, passed by the GOP state legislature, redefining natural gas --- one of the worst causes of global warming --- as "green energy" under state law. Not insane or corrupt at all, right?

As it turns out, DeWine and state Republicans, once again, seem to be participants in another dark money corruption scandal courtesy of the fossil fuel industry. That, as the state's Republican former House Speaker, Larry Householder, begins his $60 million federal bribery trial next week. That, after Householder, former Ohio Republican Party chair Matt Borges, three others and a dark money political group controlled by Householder participated in "an elaborate scheme, secretly funded by FirstEnergy, to secure Householder's power, elect his allies, pass legislation containing a $1 billion bailout for two aging nuclear power plants, and then vex a ballot effort to overturn the bill with a dirty tricks campaign," according to prosecutors.

Householder shepherded the 2019 passage of the bill to bailout the nuke plants (and a coal-fired power plant) owned by FirstEnergy, a huge energy and fossil fuel conglomerate based in Akron. The bailout was to have been paid for with an additional fee on the utility bills of Buckeye State rate payers, according to the legislation that was signed be DeWine just hours after passage.

And now, it seems, DeWine has done it again. This time on behalf of the natural gas industry. But, why not? Last November, Ohio voters said they didn't mind all the corruption. DeWine easily won a second term in office and state GOP lawmakers increased their super-majorities in both chambers of the legislature.

But, just in case the voters get wise, DeWine recently signed a major overhaul of state election laws, implementing a series of new restrictions on voters. One of those restrictions, however, will make it more difficult for active-duty military members overseas to cast their votes without being disenfranchised. Oops. Military families are said to be furious. But do Republicans actually care about that either? Why would they?

Finally, Desi Doyen joins for our latest Green News Report with more details on DeWine's friendly payback to the natural gas industry; the European Union's new plan to try and compete with renewable energy incentives in the U.S. adopted last year by Democrats; and Germany's recent crack down on anti-coal protesters...

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IN TODAY'S RADIO REPORT: European Union unveils 'Green Deal Industrial Plan' to compete with America's Inflation Reduction Act; Banks still spending billions on new fossil fuel projects despite net zero pledges; German police crack down on anti-coal protests; PLUS: Dark money groups led Ohio Republicans to legally redefine natural gas as 'green energy'... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Climate misinformation gets 'rocket boosters' on Musk's Twitter; As CA storms end, reckoning with flood insurance begins; 'It's time to start suing': GOP states tee up next WOTUS war; Oil company chief's appointment to lead COP28 climate conference sparks backlash; Greenland warmest it's been in 1,000 years; Oil companies sue Los Angeles over ban on oil and gas drilling; Wyoming lawmakers propose ban on EVs by 2035; VA GOP governor axes new Ford EV battery plant and 2,500 jobs ...PLUS: Republicans' 'Solyndra' search impacts GOP districts... and much, MUCH more! ...

On today's BradCast: With so many referrals of Republican members of Congress to House ethics investigators of late, is it any wonder the GOP and Kevin McCarthy just voted to gut the critical Office of Congressional Ethics (or OCE) as part of their new rules package for taking over the majority in the 118th Congress? [Audio link to full show follows this summary.]

At the end of last year, the bipartisan House Select Committee investigating the Trump-incited insurrection on January 6, 2021, recommended Congressional ethics investigations of then-Minority Leader, now-Speaker McCarthy (R-CA); Rep. Jim Jordan (R-OH), Rep. Scott Perry (R-PA) and Rep. Andy Biggs (R-AZ) for their failure to respond to lawful Congressional subpoenas. More recently, there have been calls for an ethics investigation of New York's newly seated Republican Rep. and pathological liar, George Santos.

Naturally then, as their first order of business when approving the chambers Rules Package last week, which will now be used to govern for the next two years, Republicans moved to all but kill the only investigative ethics body in the House with actual teeth, the OCE.

We're joined today for insight on all of this by longtime Government Affairs lobbyist on ethics, lobbying and campaign finance rules for good government group Public Citizen, CRAIG HOLMAN. He helps us understand the difference between the House Ethics Committee and the totally separate and independent Office of Congressional Ethics, and explains how Republicans have just implemented a "one-two punch to shut down" the latter and any real ethics investigations along with it.

"The ethics process in Congress, in both the House and the Senate, has historically been run by members of Congress themselves," Holman explains. "So we've got this permanent committee called the House Ethics Committee that is run by members of Congress who are very, very reluctant to be critical of their fellow colleagues. They operate in secret. They will do their investigations, sometimes, but we never really know what they found or what they ended up recommending because they operate in secret. The House Ethics Committee is literally designed to sweep ethics matters under the rug, so that the public doesn't know what's going on."

On the other hand, "In 2008, as part of the huge ethics and lobby reform package that we passed in the Honest Leadership and Open Government Act, we created an outside, independent Office of Congressional Ethics," he continues, explaining why the OCE is so critical. To be on its eight-member Board, you can't be a lobbyist or Congressional member. You must be a bona fide outsider. "It's staffed by eight board members --- four Republicans, four Democrats --- and it's done a phenomenal job at opening up the whole ethics process."

"Even though OCE doesn't have any actual enforcement authority, it does an actual investigation and then publishes the results of that investigation. And when it becomes public record, that has compelled the House Ethics Committee to actually do something." Holman observes that, since OCE's creation, actual enforcement actions by the House Ethics Committee has literally quadrupled.

Now, however, new rules adopted last week by House Republicans will force almost every Democratic member of the OCE's Board to step down, any replacements for them must be approved by at least four existing Board Members (which would now be 3 Rs and 1 D). Critically, Dems will have just 30 days find and to appoint those new members, hire staff and have it all approved by the Board. That, he explains, will be virtually impossible. "After that 30-day window, there's no staff. There's no investigators. There's no one able to do the work of OCE. It will effectively shut down OCE."

"It's a very strategic one-two punch to close down the ethics process," Holman argues. So, what does all of this mean for ethics investigations under GOP House rule over the next two years? And is there any way to either reverse the newly adopted rules or re-interpret them somehow in the GOP-majority Rules Committee? We discuss. But Holman describes the outlook as "grim" at this point.

Also on today's show...

• Virginia's Republican Governor Glenn Youngkin has killed a new Ford Motor Co. project to build electric vehicle batteries in his state. The new plant would have brought at least 2,500 new jobs to a rural area of the commonwealth which has been under development for years in hopes of attracting new industry. But the plant was to have been a partnership with a Chinese company. Youngkin, who is believed likely to run for a Presidential nod in 2024, claims the company is a secret front for the "Chinese Communist Party" and poses a threat to the security of Virginians somehow. Meanwhile the new Ford employees will be hired in a different state, and the 3,500-acre megasite in VA remains vacant after 15 years and more than $200 million in public development funding. Desi Doyen suggests that the oil industry's efforts to put the brakes on the EV boom also plays a part in this fiasco.

• Last week, Kansas' Democratic Governor Laura Kelly was sworn in for a second term in the usually "red" state. This time, however, she was joined by longtime immigration opponent, vote suppressor and GOP "voter fraud" fraudster Kris Kobach, who was sworn in as the state's new Attorney General. Kobach's long-sought political comeback --- after losing the Governor's contest to Kelly in 2018 and the GOP nomination for U.S. Senate in 2020 --- comes along with a $30,000 fine from the Federal Election Commission for election law violations during his failed 2020 election when he received unlawful help from a fraudulent private border wall group called "We Build the Wall". After embarrassing the state of KS, Kobach served as Board Member and General Counsel for the group which is, itself, facing fraud charges at both the federal and state level in New York (along with Board Member Steve Bannon). Other than that, of course, and the federal court sanctions he received while serving as SoS --- including orders to attend law school classes at the time --- there's a new sheriff in town in the great state of Kansas. I'm sure it will go very well...

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Seriously, what did you think was eventually going to happen after years of Republicans being lied to that elections were being rigged against them? Lots to discuss on today's BradCast. [Audio link to full show is posted below this summary.]

The shooting spree for now --- we hope --- has come to an end in Bernalillo County (Albuquerque) New Mexico with the arrest of a Trump fan boy and failed Republican state House candidate who lost his election last November by nearly 50 points. With the help of four others, he's allegedly been shooting at the houses of local and state Democratic elected officials over the past month and a half. He was finally nabbed on Monday night. Luckily, no one was killed in the at least four houses he visited and targeted.

Today, we tell the story and detail how elections work in the state (after their disastrous use of touchscreens back in 2000, they now use hand-marked paper ballots tallied by computer tabulators with results confirmed, theoretically, by hand-counted, post-election audits); how the shooter should have been more of a concern much earlier (even before Republicans nominated this dude who only recently ended a 7-year prison sentence); and the fact that none of what happened over the past coupla months in the state's most populous Dem-leaning County should really have come as a surprise. After more than two years of Donald Trump lying about "rigged" elections --- and the state Republican party lying along with him --- it's almost more surprising that this hasn't happened sooner.

It was, as Albuquerque Mayor Tim Keller observed at a news conference on Monday night after the arrest, "what we had all feared and what we had suspected --- that these shootings were indeed politically motivated." He correctly added: "They were dangerous attacks not only to these individuals … but, fundamentally, also to democracy. ... This was about a rightwing radical, an election denier ... And someone who did the worst imaginable thing you can do when you have a political disagreement, which is turn that to violence."

And, in another example today of why, when Republicans tell us what they are going to do, we should believe them: the GOP economic terrorists in the U.S. House, as Washington Post reported on Friday, are now making plans for crashing the nation's (and world's) economy by refusing to increase the U.S. debt limit this year.

Hopefully, there will be a large enough handful of not-insane Republicans in the House to work with Dems to raise it in order to pay for what the U.S. (Congress and Presidents of both parties) have already bought, so that we can avoid a first-ever default of U.S. Government debt payments. But, even the dangerous game that the hard-right, radical extremist Republicans are preparing for could send markets --- and the credit rating of the U.S. --- plummeting. As TPM's Josh Marshall smartly headlined a short item on some of these points over the weekend, paraphrasing an infamously ignored Presidential Daily Briefing from August of 2001: "House GOP Determined to Strike US".

Finally, with the seemingly endless storms in California finally ended, for now, we're back to the continuing water woes in the U.S. West. And it's not looking good for Arizona right now. Desi Doyen joins us for our latest Green News Report on that and U.S. solar manufacturing seeing a massive boost, thanks to legislation passed by Dems and signed by President Biden last year (and opposed by all Congressional Republicans); and Exxon scientists from the 70s, sadly, are proven to have been exactly right in their warnings about climate change. Unfortunately, Exxon paid millions to make sure you never heard about those warnings...

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IN TODAY'S RADIO REPORT: As California recovers from epic storms, the fight for water is just beginning in the U.S. West; Massive boost to U.S. solar manufacturing arrives thanks to the Joe Biden and the Democrats' Inflation Reduction Act; PLUS: Exxon scientists in the 1970s accurately predicted today's climate warming levels and weather disasters... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Fukushima water to be released into ocean in next few months; Gas and coal plant failures widespread as largest grid operator struggled to manage winter storms; Davos 2023: Big Oil in sights of climate activist protests; Nevada: Feds offer $700M to lithium project at heart of ESA dispute; Death by clear-cut: Canada's unique deep-snow caribou are vanishing; Sweden finds rare earth deposits that could benefit Western consumers; PLUS: Climate gentrification is coming to hurricane-wrecked Florida... and much, MUCH more! ...

War has been on my mind this week...

Fruit comparisons were on cartoonists' minds after classified documents were announced as having been found in Joe Biden's old vice presidential office in November and more recently at his Delaware home. Some played down, some played up, some played off...

What a way to "celebrate" Martin Luther King Day this year on The BradCast. Fifty-eight years since the passage of the Voting Rights Act and 10 years since the rightwingers on the U.S. Supreme Court gutted one of its central provisions, our even farther rightwing courts now appear to be gunning for much of the rest of the landmark civil rights voting law. [Audio link to full show is posted below this summary.]

First up today, while GOP-appointed federal judges are finding new ways to allow racial discrimination at the voting booth, Republicans --- including a top election official in upstate New York, and the wife of a U.S. House candidate in Iowa --- are nabbed by the Justice Department for committing mass vote fraud with absentee ballots.

The DoJ announcements in those cases come after a year in which Republicans filed a record number of anti-voting lawsuits --- in hopes of preventing (certain) voters from voting and/or having their votes counted as cast --- under the pretend guise of fighting fraud. They also come just days after Ohio's supposedly "moderate" GOP Governor signed new legislation to make it more difficult for (certain) voters to vote at all in upcoming elections.

Voting rights advocates in the Buckeye State charge the new measure will create barriers to the ballot for the elderly, rural voters and members of the military. But if it makes it more difficult for minority voters to vote, it may soon be impossible for groups like the League of Women Voters or the NAACP or the ACLU to file lawsuits charging violations of anti-discrimination laws under the Voting Rights Act.

When SCOTUS gutted Section 5 of the VRA in 2013 --- the part that required new election laws in jurisdictions with a history of racial discrimination at the polling place to be precleared by federal authorities before they could go into effect --- the rightwing majority on the High Court claimed the provision was antiquated and no longer necessary. Besides, even though thousands of discriminatory laws had been blocked by Section 5 since 1965, there was always Section 2, which blocks racially discriminatory voting laws in all 50 states.

After all, as an ACLU attorney was forced to point out during a federal appeals court hearing this week: “For over 40 years, dozens of federal courts have heard hundreds of Section 2 claims brought by federal plaintiffs.”

Unfortunately, that lawyer was defending the use of Section 2 before a three-judge panel, where she had to add that, “In that time, not one court denied the plaintiffs their day in court because of a lack of private action.”

The hearing in question came this week after a lower, federal district Court judge in Arkansas tossed out a challenge to a new state House district map implemented by state Republicans. The map includes 11 black majority districts, when the population of the state suggests there should be 16 such districts.

But Judge Lee Rudofsky, a Donald Trump appointee, dismissed the challenge to the new map, declaring that Section 2 of the VRA does not allow private individuals and groups, like the ACLU or NAACP, to file suit against such laws. Only the U.S. Attorney General may do so, he held.

As our guest explains today, Rudofsky's court "the first court in the history of the country to find that there is no private right of action" in Section 2. For a host of reasons, it's an absurd argument. And yet, this week at the U.S. 8th Circuit Court of Appeals, according to CNN, two of the three judges on the appeals panel (all of them are Republican appointees) appeared open to the idea that there is no right to private action under Section 2, because the federal statute doesn't specifically say as much. Never mind that private parties have been suing for decades under Section 2, including at the U.S. Supreme Court, where the Justices never said a word against it.

We're joined to explain this newly-attempted GOP voter suppression nightmare by JONATHAN TOPAZ, the ACLU Voting Rights Project staff attorney who served as the trial attorney on the initial case that was tossed by Judge Rudofsky last year.

"I think it's hard for most people to fathom that this is a question that needs to be litigated in 2023," Topaz tells me. "There have been hundreds of cases over the course of Section 2's history litigated by private plaintiffs, and many of those cases --- at least 10 at the Supreme Court, and at least 18 in the 8th Circuit where we were arguing earlier this week --- were brought by private plaintiffs."

"Congress had opportunities --- in 1982 when they amended the Voting Rights Act, as recently as 2006 when they reauthorized the Voting Rights Act --- to correct any mistakes it saw out there as private plaintiffs brought cases across the country, which would have been purportedly in open defiance of what Congress had intended, and Congress never saw fit to correct anyone," he explains.

Topaz goes on to cite a case as recently as 1996 when "five justices of the Supreme Court --- so, a majority --- held that there was a private right of action under Section 2 of the Voting Rights Act." Of course, our newly corrupted, stolen, and extremist rightwing majority on the High Court has had no trouble of late reversing its own precedents whenever they feel like it. So this case, which will almost certainly end up at SCOTUS no matter what happens at the 8th Circuit, could tee up a potentially near-fatal blow to the already teetering VRA.

"Section 2 is one of the crown jewels of American legislative history," Topaz argues today. "It's one of the finest statutes ever passed. Section 2 is absolutely essential in terms of ensuring equal voting access around the country. And we will do everything we can do defend it."

In the meantime, as he observes, this particular fight has prevented the courts from deciding on the merits of the original case, which means that --- even if it's ultimately settled at SCOTUS in favor of the ACLU --- "there will have been several elections taking place with discriminatory maps in Arkansas."

In 1957, in his "Give us the Ballot" speech eight years before passage of the VRA, MLK reportedly said: "So long as I do not firmly and irrevocably possess the right to vote I do not possess myself. I cannot make up my mind --- it is made up for me. I cannot live as a democratic citizen, observing the laws I have helped to enact --- I can only submit to the edict of others."

Happy Martin Luther King Day. It's on Monday.

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Today's BradCast --- from questions about classified Presidential documents to this week's hand-count of 2020 ballots in a swing-state county --- is ultimately about transparency and sunshine as the best disinfectants when it comes to politics and the necessity of public oversight for the health of American democracy. Even when it may seem annoying to some at first blush.

Much of the corporate media has been doing a fairly lousy job of allowing disingenuous rightwing opportunists to turn the recent reported discoveries of some classified documents said to have been found in old boxes at a Joe Biden office and one of residents into the very same thing that Donald Trump is facing potential felony charges for. In his case, any charges will most likely come in response to blatant disregard for the rule of law and the continuing-to-this-day obstruction of justice in his case of thousands of pages of stolen classified documents.

There is little comparison between the two matters, but the comparisons are being made anyway. Sometimes helpfully, sometimes lazily and destructively. In any event, Robert Hur, a former U.S. Attorney appointed by Donald Trump was designated on Thursday by Biden's Attorney General Merrick Garland to serve as Special Counsel in the matter of the Biden documents. That is a good thing, as it will ultimately serve to either expose crimes (unlikely, based on the currently known evidence, but always a good thing if there are any actual crimes) or end with a report from the Special Counsel finding no violations of the law by the President. A normal, non-Special Counsel probe by DoJ would end in either indictments or no comment, allowing false claims to be made forever.

I suspect many Dems will be annoyed by the appointment of a Special Counsel in the Biden case. But it is ultimately be better than the alternative. Transparency, sunshine and independent oversight are always good things.

In a similar vein, the second major story we focus on today involves a hand-count of hand-marked paper ballots from the 2020 Presidential election taking place this week in Lycoming County, Pennsylvania. It's a county where Trump won by more than 40 points in both 2016 and 2020, but where many Republicans have been conned into believing there was some sort of fraud that decreased Trump's win from 44.2 points over Hillary Clinton in 2016 to "only" 41.4 points over Biden in 2020.

There is zero evidence of fraud or programming error or mistally of any kind, but local Republicans --- hoaxed by opportunistic national liars --- have collected thousands of signatures to demand a public hand count. The County's of Board of Supervisors ultimately agreed late last year to allow one.

Some of the few covering the count at all in the national media this week have been snarky, snide or dismissive (MSNBC's Alex Wagner, for example, and the very computer voting and tabulation friendly media outlet VoteBeat). But, as it turns out, the count appears to be going smoothly, is reportedly confirming the original results, and was largely completed in just three days rather than the three weeks VoteBeat had suggested it might take, as they offered readers false and misleading claims about hand-counting. (They believe computers are more reliable for that sort of thing, even though the only way to know if computers have tallied paper ballots accurately is to...hand count them.)

But whether there is legitimate cause to be concerned about the results of a Presidential election two years ago in a far-right leaning swing-state county, and while even a hand-count is unlikely to persuade the most brain-poisoned of Republicans, public oversight of vote counting is ultimately a very good thing for democracy. In fact, in all of my years on this beat, I am convinced it is the only thing that can keep it viable and continuing here in the U.S. As you may have noticed, for good reasons and bad, confidence in democracy and election results have taken quite a beating in this country in recent years. That is good for nobody other than the charlatans and autocrats. Public oversight of election results, on the other hand, particularly if they confirm the original counts, can only help to shore up confidence by the electorate. Democracy needs that to thrive and survive

Once again, sunshine, transparency and oversight to the rescue...whether some may be annoyed by it or not.

Finally, we finish out today with Desi Doyen and our latest Green News Report, including some disturbing new climate data from NOAA and the latest dumb pretend freak-out by Fox "News"...

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IN TODAY'S RADIO REPORT: Extreme weather cost the U.S. more than $1 trillion in just 7 years; NOAA finds the last 8 years have all been the hottest ever recorded; PLUS: Fox 'News' pretends the Biden Administration wants to cancel your kitchen stove... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Ocean heat hit another record high in 2022, fueling extreme weather; U.S. emissions went up in 2022; New report shows just how much the world's biggest banks give to oil and gas companies: 'The dirty dozen'; UAE names oil chief to lead COP28 talks; Texas project will use wind to make green hydrogen fuel out of water; Majority of disabled people never go home after disasters; Why weeks of rain in California will not end historic drought...PLUS: Hand-feeding manatees appears to be saving the species... and much, MUCH more! ...

If you can get through the troubling news at the top of today's BradCast, we've got far more encouraging news beyond it! [Audio link to full show is posted below this summary.]

First up, the dangerous GOP scheme to use the need to raise the nation's borrowing limit to hold the nation's economy hostage, may come sooner than expected this year. The debt ceiling will have to be raised this year so that we can cover the cost of stuff that Congress and Presidents have already committed to paying for. But, if hardline Republicans who now control the House and its Speaker, Kevin McCarthy, carry out their threats, bumping into our current debt ceiling could place the nation on the brink of the first default of the federal government in U.S. history. Immediate market crashes and millions of layoffs could follow, along with a national and/or global recession and/or depression in the bargain.

According to AP today, the federal government could run out of money as early as this week or as late as March. After that, they will institute "extraordinary measures" to continue paying our bills as long as possible. But unless Congress adopts another increase in the debt ceiling (which is never a problem when a Republican is in the White House) a default could occur as soon as mid-summer. Given the promises made by McCarthy to the hardliners in his caucus last week, in order to win the Speakership on the 15th ballot, this could all get very dangerous very quickly. Especially given the way Republican extremists carry out "negotiations" in the modern age.

Beyond that, we've got some much better news today as we turn our eyes toward Executive Actions and those by Executive Branch agencies to move the nation forward while the GOP brings legislative progress to a screeching halt. On that front, while Joe Biden vowed to be the most labor friendly President in U.S. history (granted, a pretty low bar), his Federal Trade Commission (FTC) Chair, progressive Lina Khan, is working hard to help him keep the promise.

Last month, more than two dozen consumer advocacy groups and labor unions sent a letter to Khan and the other FTC Commissioners asking them to quickly begin the process to create a new rule that would ban the use of non-compete contracts by employers. "Employers’ use of non-compete clauses inflict real and substantial harms on the American worker and the overall U.S. economy without any legitimate justification," the groups argued. "By limiting worker’s mobility, non-competes drive down wages, reduce the formation of new businesses and keep workers stuck in unsafe or hostile workplaces. These one-sided contracts can also unfairly restrain competition in downstream markets by allowing dominant firms to hold on to specialized workers --- think of monopolistic hospitals and surgeons."

Last week, the FTC did precisely as asked, kicking off the rule-making process to ban such contract clauses in all 50 states! Today, we're joined by MATT KENT, competition policy advocate at Public Citizen, one of the letter's signatories, to discuss what his organization described last week as "thrilling" news.

"Non-compete clauses are built into employment contracts to require employees to not work against an employer," Kent tells me. "This was originally used as something for higher level senior executive types, to prevent them from going from boardroom to boardroom. Over the decades, employers realized this was a useful tactic in depressing workers' wages by taking away their leverage to move to another company."

He explains that such clauses are now common for everything from food-service workers to security guards. "In a lot of cases, folks would move to another job only to find out that their former employer was suing them for violating a non-compete, to make an example [of them], and put the fear into workers [and] cut down on their mobility. It's become a major problem."

The text of the FTC's newly proposed rule is "very encouraging," Kent says. "When you do this work, you're ready for disappointment. So we were expecting to see a proposal from the FTC with common carve-outs and exceptions." Instead, they got just about everything they asked for. Nonetheless, changes to the final rule "could still happen. That's the battle ahead of us now at the FTC. But we are very, very excited by the fact that, as proposed right now, the FTC does not include any carve-outs or special exceptions that Big Business could really exploit."

Because of that, he warns, "the business community is going to come hard for this one" both in the courts and during the public comment period which is now open. "The FTC needs to hear from the public," he implores. "More people than you think have a story about someone who has been stuck in a bad situation with a non-compete. People feel afraid to talk about them because they're worried about employer retribution," Kent notes. "But people have the ability to comment anonymously. People who have experiences with non-compete clauses in an employment contract affecting them or their family, now is the time to communicate that to the FTC as they make this rule, because public support is going to be really important."

Also in my conversation today with Kent: Why this rule-making process must be finished quickly to avoid the possibility of the regulation being overturned through the Congressional Review Act after the 2024 elections; excitement among the progressive and labor community about Khan's appointment as FTC Chair; the possibility of revitalizing long-moribund, anti-trade, anti-competition, anti-monopoly laws like the Sherman and Clayton Acts; and whether it's possible or not to find common ground with some members of the Republican right who claim to be troubled by overly-powerful corporate control of everything from Big Tech to Big Grocery...

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Who says it never rains in Southern California? Evidence on today's BradCast would strongly suggests otherwise. [Audio link to full show follows below]

Repeated "atmospheric river" downpours continue to drench the Golden State for the second straight week, and will keep doing so through at least the weekend. Some 35 inches of rain have reportedly fallen in some parts of the state over the past two weeks after years of megadrought in the West, which the recent storms are, incredibly, still unlikely to make up for.

Hundreds of thousands of CA residents began Tuesday without power; tens of thousands were under mandatory evacuation orders; millions were under flood watches or warning; at least 15 people have been killed so far by the storms, flooding, hurricane-speed wind gusts and an uncountable number of fallen trees. That, as NOAA clocks in with a new report finding that, over the past seven years alone, there have been more than 122 separate climate-related disasters causing more than one billion dollars in damage and killing at least 5,000 people in the U.S. at the cost of more than one trillion dollars.

Imagine if we had decided to spend anywhere near that much to try and end the use of the fossil fuels that are causing this mess, or at least on efforts to mitigate the worsening effects of this climate crisis. Of course, that would have made paid supporters of the oil and gas industry mad. So, instead, we face these continuing deadly disasters, paid for with every more of your blood and treasure.

We discuss all of the above on today's program.

Also today, after pleading guilty to 15 counts of tax related fraud charges in New York and testifying against the Trump Organization, its longtime Chief Financial Officer (who is still paid more than a million dollars a year to work for them), Allen Weisselberg headed to Riker's Island today for no more than 5 months in the notorious state prison. The Judge who sentenced him on Tuesday said he regretted agreeing to such a short sentence in approving his plea deal last summer, after hearing him testify against the Trump Organization during the company's recent trial. "I would be imposing a sentence much greater," the judge said. ""I'm not going to deviate from the promise, though I believe a stiffer sentence is warranted, having heard the evidence." Trump's company was found guilty on 17 counts of tax fraud, but Weisselberg is the only one person from the company going to jail. For now. That, even though state prosecutors made clear during the trial that Donald Trump and his two sons, Eric and Don Jr., who ran the company while he served in the White House, knew about the massive, years-long tax fraud as well.

That comes after news broke last night that attorneys for Joe Biden recently discovered "a small number of documents with classified markings" on them, according to the White House. The documents, reportedly ten of them, were locked in a closet with other personal Biden family items at an office he used after his Vice Presidency. When the documents were discovered late last year, as the office was being cleared out, Biden's attorneys reportedly contacted the White House immediately and the White House notified the National Archives who took custody of the documents the following day. That, by way of stark contrast with Trump's hoarding of hundreds of classified documents; his refusal to return them to the National Archives, even after receiving a subpoena; and the disgraced former President's attempts to both lie about the documents and conceal them from law enforcement officials. Of course, none of that has prevented Trump's lackeys in Congress from disingenuously suggesting both cases were identical, but for the disparate treatment victim Trump received from the Justice Department. But, of course, selling such nonsense and lies is pretty much all those folks are good for at this point.

Finally, Desi Doyen joins us for our latest Green News Report, with more on California's extreme downpours; unprecedented flooding in Australia; and bad news about natural gas stoves...

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