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IN TODAY'S RADIO REPORT: Spain broils in unprecedented heat, while Italy's rivers dry up; European Union adopts 'the biggest climate protection law of all time'; El Nino return likely to shatter recent heat records; PLUS: New York officially becomes first state to ban natural gas in newly-constructed buildings... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): El Niño is coming. Here's what that means for weather in the U.S.; In Texas, Lawmakers Throw Tax Funded Lifeline to Fossil Fuels; Toxic water floods an Okla. town. Will FERC hold a dam liable?; New IEA report highlights the need and means for the oil and gas industry to drastically cut emissions; IKEA boosts gigascale output at an Arizona solar panel factory; Is deadly Illinois dust storm a climate indicator?; FL and LA must borrow millions to pay insurance claims... PLUS: Is it a lake, or a battery? A new kind of hydropower is spreading fast... and much, MUCH more! ...

At long last. Criminal accountability for a U.S. President finally begins on today's BradCast Special Coverage. [Audio link to full show follows this summary.]

Donald J. Trump surrendered to law enforcement on Tuesday in downtown Manhattan. He was arrested, booked and arraigned in New York State Supreme Court on 34 counts of Falsifying Business Records in the First Degree.

The crimes were carried out, according to a statement released by Manhattan District Attorney Alvin Bragg's office, "in order to conceal damaging information and unlawful activity from American voters before and after the 2016 election."

As detailed in the 16-page indictment [PDF] and 13-page statement of facts [PDF] unsealed this afternoon, the charges relate to a conspiracy by the disgraced, twice-impeached former President and others to employ a "'catch and kill' scheme to identify, purchase, and bury negative information about him and boost his electoral prospects."

In one case detailed by the prosecutors, he allegedly worked with American Media Inc. (AMI), the publishers of the National Inquirer, to pay $30,000 to a former Trump Tower doorman to quash the man's claims that Trump had a child out of wedlock. In another, Trump is said to have worked with the same company to pay $150,000 to Playboy Model Karen McDougal to silence her about a sexual relationship they had. And, in yet another scheme Trump, he had his then attorney, Michael Cohen, pay $130,000 hush money to porn star Stormy Daniels just 12 days before the 2016 election.

Trump then issued nearly a dozen checks over the following year --- 9 of them personally signed --- while serving in the Oval Office, in a scheme to keep it all quiet. He allegedly made false entries in his business records to describe the payments as fees for legal services and "took steps that mischaracterized, for tax purposes, the true nature of the reimbursements," according to the D.A.

During his arraignment before New York's Acting Supreme Court Justice Juan Merchan, Trump pleaded Not Guilty to all charges.

We're joined today by some of our favorite BradCast Special Coverage panelists, HEATHER DIGBY PARTON, award-winning columnist at Salon and founder of Digby's Hullabaloo blog, and "DRIFTGLASS", otherwise known as @Mr_Electrico on Twitter and as simply Bill at home in Illinois, where he has long produced The Professional Left Podcast.

All of us, long time progressive bloggers who have written and discussed the need for accountability for criminal Presidents for many years. Without it, each one --- specifically Republican Presidents --- have subsequently become more criminal than the last, from Richard Nixon through Ronald Reagan through both George Bushes until the system produced the most criminal of them all, Donald J. Trump.

Until now, our decades of calls for accountability have gone unmet. But today, for the first time, as we all seem to agree, accountability may finally be beginning to help right a system that has gone so horribly wrong in recent decades --- at unspeakable cost to both the nation and the world.

"We've seen one scandal after another of real, serious corruption on the part of these Republican leaders," notes Digby today. "If we are not able to get some accountability, some way for the system to right itself, I really worry that we are definitely goners. This is way, way too important. It's not just Stormy Daniels. It's that this guy feels he is unaccountable to the law."

"It's not just that [Trump] feels entitled," adds Driftglass. "It's also that Republican voters believe he's entitled to get away with murder. That's the scary part. There are 70 million plus Americans out there who think, 'Yeah, he's corrupt. Sure, he's done terrible things. But he should get away with it because we're Republicans, and that's our natural right.'"

Today we discuss what all of this means; some of today's charges; the special treatment received by Trump (despite the Manhattan D.A.'s website claim of "One Standard of Justice for All"); the former President's social media tantrums; the limp response to his indictment from his supporters; and what comes next in the accountability storm we are likely to see over the next several weeks and months.

Also today, Desi Doyen has our latest Green News Report, with several items of good news to end today's happier-than-usual BradCast!...

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IN TODAY'S RADIO REPORT: Another deadly tornado outbreak ravages several states, with more twisters on the way; Melting ice in Antarctica could slow down deep ocean current by 2050; California enacts first-in-the-nation law to rein in Big Oil price gouging; U.S. clears way for nation's first commercial scale offshore wind farm; PLUS: Tiny island nation of Vanuatu gets UN to address climate justice... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): EPA approves California rules phasing out diesel trucks; On India's shore, rising salinity means daily water struggle; Saudis, other oil giants announce surprise production cuts; New rules will make many electric cars ineligible for tax credits; The data on Hurricane Ian's destructive path are horrific; Sea-level rise is double-edged sword for carbon storage; DOJ sues Norfolk Southern for alleged environmental violations in East Palestine derailment; Fears for UK butterfly numbers after die-off in 2022 heatwave... PLUS: The US leads the world in weather catastrophes. Here's why... and much, MUCH more! ...

Ya know, if their ideas were popular, Republicans wouldn't have to work so hard to undermine democracy, would they? An example or three of that on today's BradCast.

Among today's many stories...

• Cowardly Mike Pence's attempt to avoid testifying about Donald Trump's January 6th insurrection to Special Counsel Jack Smith's grand jury is denied by a federal judge.

• Yet another white Republican in Florida is charged with election fraud. Yet again, he was not arrested at gunpoint on camera and hauled to jail like the people of color who Gov. Ron DeSantis ordered rounded up before last year's election, even though they had no idea they had voted unlawfully. The white Republican voter turned himself in to authorities at his own convenience.

• Our corrupt, stolen and packed rightwing U.S. Supreme Court majority has declined to review a ruling by the state Supreme Court in Kansas which found that intentionally discriminating against minority voters was just fine, after state Republicans gerrymandered Kansas City by cutting it into two different Congressional districts in order to dilute the power of black voters.

• In Arkansas, voters have repeatedly made clear through recent rejections of GOP ballot initiatives, that they really really oppose making it more difficult for citizens to put stuff on statewide ballot initiatives and see it adopted by voters. So now, Republicans in the state legislature, giving the finger to voters, have simply passed a new law to make it virtually impossible for Democrats to place measures on the statewide ballot. AR's new democracy-hating Republican Governor, Sarah Huckabee Sanders, happily signed the measure which, on its face, seems to blatantly violate the state's own Constitution. The League of Women Voters of Arkansas and other fans of democracy are now suing to block what the League's President accurately describes as "an attack on direct democracy."

• The 28-year old shooter in Monday's mass shooting --- the 130th of the year so far --- reportedly purchased SEVEN weapons from five local guns shops in Nashville, Tennessee before using at least two of them to kill three 9-year olds and three adults at a private Christian elementary school. All of that while the assailant was said to have been under a doctor's care for an emotional disorder, according to the Nashville police chief. Seven guns, at least two of them semi-automatic assault weapons, and none of it triggered any red flags to authorities. Nonetheless, Republicans in Congress today, according to media reports, still lack the courage to support any new gun safety laws that might make such massacres less likely or more difficult. They are, as Rep. Ted Lieu (D-CA) correctly noted today, "cowards". AND PLEASE NOTE: This is not a problem with "Congress" or "lawmakers in D.C." The problem is Republicans. Period. They do not want to make it more difficult to murder people, while Democrats do. It's as simple as that. If media outlets are unable to call out Republicans, specifically, for fear of sounding "partisan", they are doing a grave disservice to their readers, viewers, listeners and country.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on the weekend's massive tornado(s) in Mississippi; more flooding in California's unending storms; ongoing deadly drought in Somalia; U.N. warning of water wars; and a new global record for clean, renewable energy production...

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IN TODAY'S RADIO REPORT: World's oceans hit highest temperatures ever recorded; Entire West Coast salmon fishery closed due to relentless drought; Global fresh water demand to outstrip supply by 40% as of 2030; PLUS: Biden protects public lands and waters with new national monument declarations... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Billions of people lack access to clean drinking water: UN; Older Americans blockade banks to protest fossil fuel financing; Biden introduces new Ocean Action Plan; Armadillos are showing up farther north as the climate warms; Trump appointees interfered to weaken EPA assessment of toxic chemical; As enforcement lags, toxic coal ash keeps polluting US water; California sea otters killed by rare parasite strain; Kentucky flood waters receded months ago, but for many the crisis continues; Wildfires in northern forests broke carbon emissions records in 2021... PLUS: The dark history of using water as a weapon... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: U.N. Scientists warn the window to avoid dangerous, irreversible warming is rapidly closing; California hit with 12th major winter storm in a row; PLUS: Argentina broils under record-shattering, 'unprecedented' heat... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Levels of carcinogenic dioxin near Ohio derailment site far above safe limit; Judge Halts Biden Administration Waters Rule in Texas, Idaho; Fossil Fuel Execs See ‘Golden Age’ for Gas, If They Can Brand It as 'Clean'; A Black Community In Arizona Battles Power Expansion Plans Again; China's Mekong Dams Turn Thai Fishing Villages Into 'Ghost Towns'; MD, VA Race to Save Dwindling Commercial Fisheries in Chesapeake Bay; Babesiosis, A Tickborne Disease, Is On The Rise In Northeast... PLUS: Big Oil Firms Touted Algae As Climate Fix. Now All Have Pulled Funding... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Biden EPA moves to lower levels of 'forever chemicals' in drinking water; Ohio sues Norfolk Southern over chemical train derailment disaster; PLUS: One state generates much more renewable energy than any other --- and it's not California... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): EPA finalizes 'good neighbor' rule to cut down on harmful smog and pollution from power plants; Is common industrial chemical TCE fueling the spread of Parkinson’s Disease?; Vanuatu hit by two cyclones and twin earthquakes in two days; Floods kill 14 in Turkish earthquake-battered provinces; 'Endless, brutal heat': Argentina's late-season heatwave has 'no similarities in history'; Tribes, federal government not informed of oilsands toxic waste spill for 9 months; Blueberries have joined green beans in this year's Dirty Dozen list; Texas officials target climate science in textbooks... PLUS: Nike to drop use of kangaroo skins for its shoes in 2023... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: After 20 years, world governments reach historic deal to protect marine biodiversity on the high seas; France to cover parking lots with solar panels; North Dakota may sue to stop Minnesota's new clean electricity standard; PLUS: Another Norfolk Southern train derails in Ohio... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Winter storm will stretch 1,800 miles from Plains to Northeast; Meat, dairy and rice production will bust 1.5C climate target; 'Silicon Valley of Lithium': controversial Nevada lithium mine breaks ground; Carbon dioxide emissions reached a record high in 2022; What is 'Cop City?'; Oil CEO who will head 2023 climate talks calls for change [but not phaseout of fossil fuels]; Billion-dollar power lines finally inching ahead to help US grids; What to know about the 'Red Tide' hitting Florida beaches ... PLUS: Mapping California’s ‘Zombie’ Forests ... and much, MUCH more! ...

As discussed on today's BradCast, support for labor unions in the U.S. is now near all-time highs. At the same time, the lawlessness by major companies willingly and repeatedly violating labor law is through the roof. [Audio link to full show is posted below.]

Last week, by way of just one example, a federal Administrative law judge found Starbucks had committed "egregious" violations of labor law in just one case that combined unfair labor practices charges at 21 union stores in the Buffalo, New York area alone. In fact, the National Labor Relations Board (NLRB) has brought some 75 complaints against the coffee company accusing them of more than 1,000 illegal actions over just the past year or two.

Despite a newly aggressive, pro-labor, pro-union NLRB under President Biden and an explosion of unionization efforts over the past two years at hundreds of shops and facilities owned by firms like Starbucks, Amazon, Apple, REI and Chipotle, those companies have spent tens of millions on attorneys specializing in breaking unions, according to our guest today.

DR. NELSON LICHTENSTEIN, author and longtime professor of labor history at Univ. of California, Santa Barbara, joins us today to discuss both the successes and obstacles faced by the new union movement rising in the U.S. since he was here in 2021. While the companies mentioned have long attempted to project a friendly, progressive image to the public, they have been very aggressive in attempting, frequently unlawfully, to block unionization of stores and facilities around the country. Firing workers who support unions; shutting down shops where union votes have been requested and/or have succeeded; and, where union votes have succeeded, companies have simply refused to negotiate union contracts. That "is par for the course," Lichtenstein argues.

He cites "almost fifty years of specialized anti-labor law firms" now being employed by those companies. "And it works! Why change it?," he quips. "Despite the public relations hit that it has had for Starbucks and the other companies, the managers had their meetings, they've run the numbers, they've decided they'll take a small reduction in their growth and it's worth it."

"The tremendous push-back is really a tribute to the importance of unionism," says Lichtenstein. "The official line of these companies is '[unionization is] not going to change anything!'...While they are moving heaven and earth to stop the union."

Lichtenstein describes "the most aggressively pro-labor" NLRB in decades, noting "they don't have much money and they're putting together real indictments of these companies. The problem is that the NLRB doesn't really have any disciplinary tools at its command. The penalties for breaking the law are really minuscule." And, with those small penalties, these anti-union companies have simply decided that repeatedly and "egregiously" violating the law is merely the cost of doing business.

Republicans in the last Congress blocked passage of the federal Protecting the Right to Organize (PRO) Act which would make many of these violations much more painful for company management. But, Lichtenstein explains, there are already laws on the books --- both anti-trust and RICO statutes --- that could be used by the federal government to bring anti-union companies to heal by making them feel real pain for violating the law.

We discuss all of that and much more today, including what Lichtenstein attributes to the recent rise in support for unions and unionization, and whether he is optimistic or pessimistic about the current state of labor and the new unionization movement.

Also today, Desi Doyen joins us to explain some very big news from over the weekend on protecting the planet's oceans, after the U.N. sealed a landmark deal in overtime on Saturday, following a nearly 20-year effort for the framework of the U.N. Convention on the Law of the Sea. The breakthrough agreement, as she details, will help protect about 50% of the world's "high seas" which are currently outside national boundary waters or otherwise protected only by a patchwork of regional agreements.

And finally, with the clocks mercifully changing once again to Daylight Saving Time this coming weekend, it's time for our annual call to make it permanent. Once again this year, we are backed by a bipartisan effort in both the House and Senate to do just that...

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IN TODAY'S RADIO REPORT: Rising seas set to displace nearly a billion people in coming decades, U.N. warns; Ice coverage on the Great Lakes hits record low; PLUS: Biden EPA restores limits on toxic mercury pollution rolled back by Trump... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Madagascar, Mozambique brace for 'dangerous' Cyclone Freddy; 'No Excuse': IEA tells fossil fuel industry as methane emissions rise; Another whale found dead in NY with signs of vessel strike; Groups call on Sec. Buttigieg to restore Obama-era train brake rule; FERC approves power plant rules to fight extreme weather; Weather Whiplash: How climate change killed thousands of migratory birds ... PLUS: How Russia’s war shattered global energy routes... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Ohio residents sue over fiery chemical train derailment after governor's decision to release toxic chemicals; Exxon drops its algae biofuel charade; PLUS: Electric vehicles dominate Super Bowl ads, signaling potential culture shift... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): As climate change disrupts ecosystems, a new outbreak of bird flu spreads to mammals; Deep sea mining noise poses harm to blue whales, scientists warn; Coal ash waste along shores of Great Lakes threatens water quality; US's first solar panels over canals pilot will deploy iron flow batteries; Ford to build EV battery plant in Michigan, use Chinese tech; Orphan well cleanup in Pennsylvania underscores enormity of task ... PLUS: Farewell radiators? Testing out electric infrared wallpaper ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: California slammed by another round of extreme downpours; Australia hit by unprecedented floods as hundreds airlifted to safety; PLUS: Natural-gas fired kitchen stoves are a significant cause of childhood asthma... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The Last 8 Years Were the Hottest on Record; EPA moves to toughen standards for deadly soot pollution; Battle lines drawn around EPA soot proposal; EPA, pipeline operator reach deal to clean up Kansas Keystone Pipeline spill; Building Steam in Lithium Valley; Cold-weather blackouts challenge conventional wisdom on fossil fuel grid reliability...PLUS: Climate change makes heat waves, storms and droughts worse, climate report confirms... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Worst drought on record threatens famine in the Horn of Africa; Europe brokers new green electricity deal with Azerbaijan; Kansas and California grapple with persistent drought; PLUS: Nations sign historic deal to halt loss of nature worldwide... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): World's coal use creeps to new highs in 2022; 3M knew its chemicals were harmful decades ago, but didn’t tell the public, government; EPA enacts tougher pollution rule for trucks, vans and buses; Alaska's Arctic waterways are turning orange, threatening drinking water; New study reveals billions of dollars in political spending by US fossil fuel trade associations; California just slashed rooftop solar incentives. What happens next?; Midwest soil is eroding faster than ever. Modern farming could be to blame... PLUS: Famed L.A. mountain lion P-22 euthanized; cougar had been struck by car.... and much, MUCH more! ...

While Special Counsel Jack Smith is said to be investigating the Trump-incited January 6 insurrection at the U.S. Capitol and the his fake electors plot to try and steal the 2020 election, among other things, there is a still-ongoing, post-2020, multi-state plot, coordinated by Trump's top MAGA lieutenants that the Feds don't yet seem to be probing. Our guest on today's BradCast is trying to change that. [Audio link to full show follows this summary.]

For the better part of this past year, we've have been closely reporting on the bizarre plot uncovered by frequent guest and longtime election integrity expert Marilyn Marks during the lawsuit filed by her group, Coalition for Good Governance, seeking to replace Georgia's 100% unverifiable touchscreen voting systems with hand-marked paper ballots.

Marks recorded a phone call she received last year from an Atlanta businessman who, essentially, confessed to a scheme that has since been revealed to have been overseen and paid for by disgraced Trump attorney Sidney Powell. It involved the Board of Elections and local Republican Party officials in right-leaning Coffee County, Georgia allowing a team of computer wonks to make copies of the County's proprietary voting and tabulation software, including the sensitive Election Management System, manufactured by Dominion.

Thanks to GA's Republican Sec. of State Brad Raffensperger, every county in the state is forced to use the same vulnerable, unverifiable voting systems. Making copies of those systems in one County essentially offers a blueprint for how to disrupt elections in various ways in every County in the state. Moreover, those systems are also used in jurisdictions in at least a dozen other states. Cybersecurity experts have described the Coffee County breach as extremely worrisome.

Nonetheless, until the scheme was exposed by Marks, Raffensperger's office appears to have been covering the entire thing up. And, even after it was exposed, his office --- including one of Raff's top lieutenants, Gabe Sterling --- continued to deny any of it had happened.

"Even recently, there was people saying, 'We went to Coffee County and we imaged everything,'" Sterling declared at an election forum at the Carter Center in Atlanta last April, before falsely adding: "There's no evidence of that. It didn't happen." But it absolutely did happen, as security camera video from the Coffee County Board of Elections offices, also obtained via Marks' lawsuit, subsequently made abundantly clear. The plot even involved a number of well-known MAGA Mobsters, such as Doug Logan, CEO of the Cyber Ninjas outfit that later carried out the phony post-2020 "audit" in Arizona last year.

Voting system software breaches similar to the one in Coffee County were also carried out and reportedly overseen by Powell, in several others states, including Nevada, Michigan and Colorado. As the Washington Post confirmed again this week, the stolen software "was then uploaded to a website, from where it was downloaded by election deniers across the country."

Despite all of this disturbing evidence, federal authorities do not appear to have even begun to probe these coordinated plots which, as our guest today confirms, can really be considered a crime still in progress, since the copied software can be used to undermine upcoming elections, for example, in 2024.

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit good government group, Free Speech for People, to discuss the 14-page letter [PDF] that she and more than a dozen of the nation's top cybersecurity and voting system experts sent this week to Special Counsel Smith, Attorney General Merrick Garland, as well as the Directors of both the FBI and Cybersecurity and Infrastructure Security Agency (CISA), seeking a federal probe of the coordinated, ongoing plot.

"Now that they have the software," Greenhalgh explains today, "they have all the elements of the voting system, from the poll pads to the election management system which aggregates and reports totals, and everything in between. They can create their own election system and probe it to find out how it's vulnerable, and also develop ways that they can exploit those vulnerabilities. They can decompile the software to study the source code and understand how they might create malware that could get in and wreak havoc with the way the votes are counted."

Remember, these software breaches happened in most cases with the cooperation of insiders, local election officials who have direct access to these systems. Greenhalgh notes that "malware can be designed to be undetectable in many ways. So if you wanted, you could use it to disrupt an election so that people can't vote, or you could do it in ways to disrupt and manipulate or tamper with an election that is not visible to outsiders. Or you could just use the software to create disinformation campaigns and say 'I can show you how this election system was compromised and why it counts incorrectly'," even when it hasn't.

"We don't even have to imagine that because that's already been done," she continues. "That was by Matt DiPerno, the guy who ran against [Democrat] Dana Nessel for the Attorney General position in Michigan. He's also quite a famous election denier. He had a copy of voting system software that was obtained extra-legally in Michigan and put it on machines and put up videos that said, 'This is how we can manipulate these systems.'"

Greenhalgh details other ways in which these breaches are so troubling to the experts signed on to FSFP's letter; explains whether there is any evidence that the breaches were used to exploit systems in 2022; responds to remarks from the GA Sec. of State's office attempted to conflate real, longtime election security and voting systems experts with the MAGA conspiracy theorists and election liars; discusses how the Coffee County breach appears to have been covered-up by Raffensperger and other Georgia officials; and details why the lack of a federal investigation continues to threaten future elections, including the Presidential contest in 2024.

"The chance of manipulating elections going forward is very real," she warns.

Also today...since we could use some dumb news to offset that very disturbing story, 2024 Presidential candidate Donald Trump is now in the business of ripping off his supporters with hilarious, $99 digital trading cards in which he is illustrated as a super hero! Get yours today! Before they run out!

And finally...we close with Desi Doyen and our latest Green News Report, including troubling news from NOAA on the worsening effects of climate change in the Arctic; the existential threat to the world's forests of rapidly expanding oil and gas exploitation; and the EU's decision this week to institute the world's first carbon import tariff...

It's another busy day on The BradCast! Enjoy!

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(P.S. We're off tomorrow for more dental adventures, but will be back next week to cover the House January 6 Committee's finale and more before our holiday break!)

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It could have been much worse. That seems to be the message from our guest on today's BradCast after yesterday's oral argument in the U.S. Supreme Court case that could blow up everything we know about American elections, including some 233 years of otherwise settled election laws in all 50 states. We'll hope he's right. [Audio link to full show follows this summary.]

But, first up today, some less ambiguous good news to kick things off. WNBA star Brittney Griner is on her way home from Russia, where she has been held as a prisoner for at least 8 months after authorities found less than a gram of cannabis oil in a vape cartridge in her suitcase. Her release comes as a swap for a notorious Russian arms dealer, but fails to include the release of Paul Whelan, an American imprisoned by Russia for nearly four years, who many hoped would also be included in the trade.

Griner's wife joined President Biden at the White House on Thursday to announce the good news, while urging the release of Whelan, whose brother praised the Administration for making "the right decision to bring Ms. Griner home, and to make the deal that was possible, rather than waiting for one that wasn’t going to happen."

Also on Thursday, more good news in D.C. as the U.S. House approved the Respect for Marriage Act (RFMA) with all Democrats voting in favor with almost 40 Republicans. Shamefully, 169 Republicans voted against recognizing the marriage rights of same-sex and interracial couples. The bill was passed by the U.S. Senate last week (also by all Democrats and opposed by the majority of Republicans) and now heads to the President's desk for his signature. Even though 2015's Obergefell ruling at the U.S. Supreme Court made marriage equality the law of the land in all 50 states, federal lawmakers determined a statutory backstop was necessary after far-right activist Justice Clarence Thomas called for reconsidering the Obergefell decision when he voted with the Court's corrupted rightwing majority to overturn Roe v. Wade earlier this year.

We're joined today by Slate's longtime legal journalist and SCOTUS expert MARK JOSEPH STERN. Last month, he responded to progressive critics of the RFMA who felt it should have gone farther to require all states to license same-sex marriages --- as Obergefell currently does --- rather than simply mandating that states legally recognize such marriages. Today, Stern breaks down his legal argument for why he believes those critics are wrong about the new, landmark federal statute and notes that, "as a progressive in a same-sex marriage, I feel like I have some skin in the game here."

But, our initial reason for booking Stern today was to discuss Moore v. Harper, the ridiculous --- if wildly dangerous --- case heard by the Supremes on Wednesday. As discussed on yesterday's show with FairVote's David Daley, who attended the oral argument, if a majority on the Court agrees with North Carolina Republican petitioners, the fallout for American elections from Moore will be "seismic".

The case argues that a fringe, so-called "Independent State Legislature" theory found in the U.S. Constitution's Elections Clause, means that only State Legislatures may craft specific state rules and laws for federal elections and may not be overruled or even reviewed by gubernatorial vetoes or state court review to ensure those laws meet requirements of state Constitutions. Even voter-approved ballot initiatives would be considered unlawful.

It would, in the case of Moore, allow North Carolina Republicans who control the gerrymandered majority in the evenly-divided state Legislature to gerrymander U.S. House districts however they like, even after the state Supreme Court determined their partisan gerrymander violated the state Constitution. By the same theory, a majority opinion in favor of the NC GOP, by the rigged 6 to 3 SCOTUS, could also allow state Legislatures to simply choose whichever Presidential Electors they preferred, even when voters voted otherwise. Yes, it's just that insane and, arguably, should never have even been heard at the High Court.

The good news today, is that, after yesterday's hearing --- when the "Court's most conservative justices got outplayed," as Stern reported at Slate --- he now believes the worst-case scenario is far less inevitable. "Those of us who’ve been ringing the alarm over this dangerous theory --- and who've been disgusted by the campaign to drag it from the far-right fringe all the way to the Supreme Court --- can take solace that these capable lawyers exposed [the Independent State Legislature theory] as an utter fraud," he wrote last night.

"Even though we have a ton of rules in every single state's Constitution that have been enforced for 230+ years, this theory says that all of those are invalid, we've been doing it wrong the whole time," Stern told me today, adding that he "heard maybe two votes for that position" during oral argument on Wednesday.

"But then, once you get into the more compromise positions, it gets harder to gauge," he warns. "I don't think the Court is going to totally cut out state Constitutions and state statutes from federal elections. I don't think that the Court is going to go as far as Republicans want. I think that there's a chance that the Court could issue a decision that is bad but not catastrophic, that essentially says that, as a general principle, state courts can regulate elections, but that federal courts get to double-check their work and decide if they got it wrong."

"But we have to be, when this decision comes down, really vigilant about drawing any conclusions before we figure out exactly where they land." If Federal courts can review state court rulings that are regarded as "egregious," Stern says he could live with that. But if they allow state courts only "mild deference," he explains, "that's no good, because that is really not how we do things in this country. State courts have the final say over the meaning of state law in almost all circumstances. And if we take that away, then it is just empowering this conservative super-majority on SCOTUS to decide all these cases in favor of Republicans."

Given the ridiculous basis for the Independent State Legislature theory --- that we've been doing it all wrong for more than 230 years since the nation's founding, but nobody noticed until now --- there would be hundreds of election laws in all 50 states that could then be challenged in federal courts. It's all somewhat ironic given that this fringe interpretation of the Elections Clause was, itself, built on "a fraudulent document that purported to be an account of the Constitutional Convention" that, as early as the 1800's, was described as "fake" by James Madison, "who actually did write the definitive account of the Constitutional Convention," notes Stern.

Much more on all of that today and, before he leaves, a quick explanation of how "stupid" the case heard earlier this week by SCOTUS regarding a web designer in Colorado who refuses to design a website for same-sex marriages actually is. Hint: She "has never been asked by any couple, gay or straight, to make a wedding website for them. Yet she sued before anyone could ask her, and argued that Colorado's civil rights law was infringing on her freedom of speech."

Finally, we're joined by Desi Doyen for our latest Green News Report with both good and bad news, as per usual, when news broke late from CNN that, according to their sources, the U.S. Dept. of Justice has asked a federal judge to hold Donald Trump in contempt for failing to comply with a subpoena ordering him over the summer to turn over classified records he stolen upon leaving the White House.

It turns out that it may have been an even better day today than we originally thought...

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