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

Among our stories today...

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

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

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

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

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

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

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

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

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

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

The long-awaited trial over Georgia's vulnerable voting systems has finally come to a close. As reported on today's BradCast: Last month, one of the plaintiffs' experts demonstrated in court that the state's vulnerable touchscreen voting systems can be hacked in about 5 seconds by one person, with nothing more than a ballpoint pen. And the state, for its part, defended itself by demonstrating that apparently nobody --- nobody! --- is in charge of cybersecurity for the statewide computerized voting systems used by every voter at every polling place in the critical battleground state. [Audio link to full story follows below this summary.]

After a few quick news updates at the top of the show --- including on the climate change-fueled atmospheric river raining down on us out here in Southern California today --- we're joined LIVE in studio by Free Speech for People's Senior Advisor on Election Security, SUSAN GREENHALGH, on the heels of the three-week civil trial in federal court that finally wrapped up late last month.

The case, originally filed way back in 2017, is called Curling v. Raffensperger. Plaintiffs are election integrity experts (real ones, not pretend Trump ones) challenging the use of Georgia's touchscreen voting systems, hoping to force the state to move from vulnerable, unverifiable touchscreens to verifiable hand-marked paper ballots before the 2024 Presidential election. Greenhalgh has been advising plaintiffs in the case for a number of years. She was in the courtroom in Atlanta last month for much of the trial which began on January 9 and ended just over a week ago. (Daily court transcripts for each day of the trial are now posted here.)

The suit is led by the Coalition for Good Governance, a non-partisan election watchdog group headed up by frequent BradCast guest Marilyn Marks. It was during the course of pre-trial discovery that Marks discovered that Trump-lawyer Sidney Powell, and others on Team Trump, actually organized a scheme to breach the statewide voting systems in the Coffee County, GA elections office beginning on January 7th, 2021. The were given access to the systems by the local elections supervisor at the time and proceeded to copy its sensitive software before distributing it to parts unknown across the Internet. The unprecedented breach of GA's touchscreen voting systems and the central Election Management System (EMS), was never actually investigated by Sec. of State Brad Raffensperger's office. It did, however, result in criminal charges against five co-conspirators among the 18 others charged along with Donald Trump in Fulton County, GA's broad felony indictment for his failed attempt to steal the state's 2020 Presidential election.

This civil case, however --- filed in federal court long before Trump pretended to have won the 2020 election --- seeks only to end the use of the state's vulnerable Dominion touchscreen systems. During the course of the trial, the plaintiff's expert, Dr. Alex Halderman, long time cybersecurity and voting system expert from the University of Michigan, demonstrated how he could take over control of one of the voting machines with little more than a ballpoint pen, without violating any of Georgia's security protocols or so-called "tamper evident security seals." In just seconds, Halderman revealed to the court how he could achieve "Super User Access" on the machines, allowing a bad guy to insert malware or take over any other number of system functions in that administrative mode. (Halderman has made clear he has found no evidence of fraud in GA's 2020 election.)

During the course of the trial, as Greenhalgh reports today, the state's Election Director conceded he didn't even know such a hack was possible, despite a detailed report Halderman submitted in the case several years ago. The State Election Director, apparently, never bothered to read it.

The State, however, for its part, maintains their systems are completely secure, despite a mountain of expert evidence to the contrary. Sec. of State Raffensperger is responsible for mandating the use of these machines for every voter at every polling place in the state. That, after the same judge in the same case, back in 2019, banned the use of the state's 20-year old touchscreens made by Diebold. Rather than move to hand-marked paper ballots, Raffensperger ignored the advise of cybersecurity and voting system experts and replaced the old Diebold touchscreens with new ones made by Dominion, with many of the same (and additional!) security flaws as the old systems.

During the course of the trial, as Greenhalgh breaks down today, nobody from the Office of Sec. of State was willing to identify who was in charge of cybersecurity for the 35,000 voting machines used across Georgia. "There was a bit of a 'Who's On First' routine" during the trial, she explains. The State Election Director, for example, testified that cybersecurity was the job of the State's Chief Information Officer (CIO). The CIO, however, testified that wasn't part of his portfolio, pointing back at the State Election Director. Raffensperger's office finally seemed to have settled on Dominion as the ones who were in charge of cybersecurity for Dominion voting systems in GA, the same company who created the vulnerable systems in the first place. "The Fox guarding the hen-house," quipped Greenhalgh.

Nobody from Dominion testified during the trial, she explained. And Raffensperger was similarly allowed to avoid testimony after appealing the District Court's mandate to do so up to the 11th Circuit Court of Appeals, which allowed him off the hook just days before the trial finally got underway. That, as his offices refuses to apply security patches urgently recommended by the U.S. Cybersecurity and Infrastructure Agency (CISA) based on the information in Halderman's report on GA's voting systems.

During the course of the trial, the judge, says Greenhalgh, cited "inconsistent candor" of state officials. As to the Coffee County Breach, she notes, the Sec. of State's "investigator got up on the stand and, under oath, said, 'I was told to hold off and not investigate.' He was asked specifically: 'So, did you perform any investigation activities?' 'No.' 'Did anyone else?' 'No, not to my knowledge...No, there was no investigation.'"

As you can tell, there is much to discuss with Greenhalgh on today's sorta mind-blowing edition of The BradCast, after the State's Defense rested and we now await a verdict from U.S. District Court Judge Amy Totenberg. That ruling could finally come...well, whenever. No rush. The Presidential Primary in Georgia is on Super Tuesday, March 5, exactly one month from today. Is it possible a ruling could come in time to save the 2024 general election this November?

We discuss all of that and much more with Greenhalgh on today's program. Buckle up...

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Legislation is hard. It involves compromise and stuff. But the bulk of Republican state Senators in Oregon won't have to worry about that anymore. At least for a few years. Also, stealing money from your duped political donors to cover your mountain of legal fees to defend your law breaking appears to be very easy if you are the disgraced former President. And, a whole bunch of landmark climate and energy successes under Joe Biden that you likely haven't about, but should have. Those are just some of the many news stories covered on today's BradCast. [Audio link to full show follows this summary.]

Among them...

• As of airtime, we're still waiting for (sorta overdue) key rulings on Donald Trump's ridiculous "Presidential Immunity" claims at the DC Court of Appeals and on how much Trump and company (and sons) will have to pay up in New York's $370 million bank fraud suit against them. In the meantime, Trump has lost again today in court on an entirely different matter. This time in London, where his lawsuit against the Steele Dossier's author was summarily dismissed by a UK judge (just as the similarly absurd suit filed by Trump against Christopher Steele, Hillary Clinton and top FBI officials was rejected by a U.S. judge in 2022.)

• All of those failed lawsuits, and defending himself against civil cases and four criminal felony indictments is costing Trump's gullible dupes/supporters a lot of money. New FEC filings released today reveal that Trump spent/blew $27 million of his donors' money on personal legal bills in the second half of last year, bringing the total amount of campaign donor money used for legal fees in 2023 to about $50 million. That number is expected to be much higher in 2024, giving the phrase "chump change" a whole new meaning.

• The Oregon Supreme Court, on Thursday, determined that 10 Republican state Senators may not run for office in 2024, after violating a 2022 state Constitutional Amendment adopted by voters in a 36-point landslide that year. The measure bans state lawmakers from running in the next election after they've accrued more than 10 unexcused absences. The GOP state Senators in question walked out for a record 6-weeks in 2023 in hopes of blocking legislation on abortion rights, LGBTQ rights and gun safety, delaying or killing hundreds of other bills in the bargain. The state Senate currently has only 12 Republicans. Ten of them, including the chamber's minority leader, are now barred from running for reelection this year.

• The U.S. House passed a bipartisan bill! It is compromise tax legislation. Republicans agreed to offer modest tax relief to low income families with children, so long as Democrats agreed to extend huge tax breaks to wealthy corporations and small businesses. Nobody got everything they wanted, and the legislation, adopted on Wednesday by a lopsided 357-70 House vote, will almost certainly change or be killed altogether in the Senate. But that's how legislation works. Or is supposed to work. Or used to work. And, for one day this week, incredibly enough, it did again. We discuss why it did.

• "Government, in a large, wealthy, functional modern democracy, is pretty boring. Lots of bureaucracy, lots of agencies, lots of complexity, lots of rules, mostly incremental change. It's not particularly dramatic," noted our friend climate and energy journalist David Roberts on Twitter on the last day of the year. "That makes it a very poor fit for the dynamics & demands of modern media, especially social media. Drama, outrage, sweeping counterintuitive generalizations --- these are the coin of the realm. No one gets clicks by celebrating the workaday operation of the gov't machine," he continued. "Consequently, boring democratic governance --- perhaps the greatest advance in collective human welfare in history --- has no day-to-day defenders. Basically everyone is incentivized to take it for granted."

  Of course, we are defenders of that "boring democratic governance" and we don't take it for granted. Roberts was linking to a lengthy --- and wildly enlightening --- thread from former professor turned White House clean energy policy advisor Costa Samaras, who detailed a stunning year-end list of positive, landmark environmental actions and initiatives undertaken by the Biden-Harris Administration in the wake of passage of the Bipartisan Infrastructure Law and the Inflation Reduction Act (adopted only by Democrats). If you think Biden has done little for climate and clean energy you may want to review Samaras' list.

  Just one of dozens of examples: "The Inflation Reduction Act & @POTUS' agenda have supercharged U.S. grid-scale energy storage. Before the Biden-Harris Administration, grid-connected energy storage was basically zero. This year there will be 9 Hoover Dams worth of batteries on the grid. Next year: 16 Hoover Dams."

• Finally, Desi Doyen is here with our latest Green News Report, as the Saudis nix expanded production (and lower gas prices) in time for this year's Presidential election in the U.S.; Millions of Americans are found at risk of toxic chemical freight train disasters; EU phases out dirty heavy-duty diesel trucks by 2040; and the Biden Dept. of Energy issues new rules to save gas stove users thousands of dollars in efficiency improvements (while taking no one's gas stove away from them, Fox "News"!)...

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IN TODAY'S RADIO REPORT: Saudi Arabia ditches plans to expand oil production; Millions of Americans at risk of dangerous chemical train derailments, new study finds; European Union to phase out polluting heavy duty diesel trucks by 2040; PLUS: Biden Dept. of Energy issues new efficiency rules for natural gas stoves... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): "Nobody and nowhere will be safe": Experts say we can't hide from climate change; Mexico City residents protest 'unprecedented' water shortages; Electrified transport investment soared globally in ’23, passing renewable energy; New York State first in nation to protect birds, insects from neonic pesticides; California counties sue Tesla over hazardous waste; Environmentalists hail Nevada Supreme Court ruling on water management and massive real estate development; U.S. will pay to add solar panels to hospitals, schools after disasters... PLUS: Plug-in hybrids vs. electric cars: We did the math on which is better for you... and much, MUCH more! ...

Be sure to put on your mud boots for today's BradCast. You're gonna need 'em. [Audio link to full show follows this summary.]

Among the many stories covered on today's program...

• American Presidential Primaries and Caucuses were always confusing for voters. This year, they are even more so. That, however, suits Donald Trump just fine in advance of next week's Nevada Primary (on Feb. 6) and Caucuses (on Feb. 8 ), which have been rigged by Team Trump to assure he cannot lose a single delegate to Nikki Haley, his last remaining challenger for the 2024 GOP Presidential nomination.

• The day after the New Hampshire Primary last week, Trump supported an RNC executive resolution to officially declare him to be party's "presumptive 2024 nominee for the office of President of the United States." That, after nominating contests in only two states (Iowa and NH) where he won just 32 of the 1,215 delegates needed to clinch the nomination. Two days later (perhaps after receiving some sage legal advice) the desperate former President came out against the resolution, so the RNC promptly killed it. We what actually appears to have happened.

• Well-respected and very conservative former U.S. Court of Appeals Judge Michael Luttig filed an amicus (friend-of-the-court) brief [PDF] with the U.S. Supreme Court on Monday, arguing that the Justices must adhere to the "textualist" approach that rightwingers on the High Court have claimed to follow in recent years, as they weigh whether Donald Trump is eligible for the 2024 ballot under the U.S. Constitution's "Insurrectionist Disqualification Clause." Trump has "disqualified himself" for the office of President under Section 3 of the 14th Amendment, Judge Luttig and others argue in the brief, after having "engaged in insurrection" on January 6, 2021, when he "sought to prevent the vesting of the authority and functions of the Presidency in the newly-elected President." That, the brief contends, may be even worse than when South Carolina seceded from the Union on December 20, 1860 to "prevent the newly-elected President Lincoln from governing only in that State." The Justices must not construct an artificial "off-ramp" to avoid their Constitutional mandate, the brief asserts. The matter will be heard by SCOTUS on Thursday next week.

• Disgraced former Trump White House advisor and campaign Chair turned podcaster and con-artist, Steve Bannon, may be in more trouble than you know. He has already been convicted and sentenced to four months in federal prison for Contempt of Congress for his refusal to answer subpoenas from the House Select Committee investigating January 6. While free on appeal, he has also been charged by New York state for massive fraud in the "We Build the Wall" campaign which siphoned millions from duped Trump supporters. And now his former attorney in that case is gunning for Bannon's bank accounts after he was found to owe the law firm nearly half a million dollars in unpaid legal fees. Bannon's latest attempt to block his banks from turning over documents to the firm claims that doing so "poses a significant risk of compromising Mr. Bannon’s Fifth Amendment right against self-incrimination." Sad!

• BREAKING DURING SHOW: A Delaware court judge has voided Tesla CEO Elon Musk's nearly $56 billion compensation package, ruling it was unlawfully dictated by Musk himself to a non-independent Board of Directors in sham negotiations. Also sad!

• Finally, Desi Doyen joins us for our latest Green News Report, as President Biden puts a pause on approvals for new Liquified Natural Gas (LNG) export terminals; new reports find Canada tar sands are up to 6000% more toxic than previously known and that climate change made Brazil's Amazon rainforest draught 30 times more likely; and China, as it turns out, built more new solar power in 2023 alone than the U.S. has in its entire history...

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IN TODAY'S RADIO REPORT: Biden pauses approvals of new LNG export terminals, citing climate risk; Canada's tar sands are a larger source of air pollution than previously thought; China installed more solar energy in 2023 than the U.S. did in its entire history; PLUS: Climate change made historic Amazon rainforest drought 30 times more likely... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Scientists warn climate shocks could trigger unrest and authoritarian backlash; The propane industry is trying to dupe you; No, Joe Biden is not coming for your gas stove; Energy Department sets efficiency standards for gas stoves; Colorado environmental group sues Army Corps Of Engineers over $2B river diversion plan; First penguins die in Antarctic of deadly H5N1 bird flu strain; Demand has plunged 80 percent since CA cut home solar payments; Texas companies released excess pollution during cold snap... PLUS: Lithium Valley ramps up in California... and much, MUCH more! ...

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

As detailed on today's program...

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

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

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

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

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

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

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

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

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

As noted on today's BradCast, CBS News' legendary radio and TV broadcaster Charles Osgood has passed away at age 91. Other than that, we've got some arguably much brighter news throughout the bulk of today's program. [Audio link to full show follows this summary.]

Among the many stories covered today...

• Last night, just after midnight, Nikki Haley won every single vote cast in Dixville Notch, New Hampshire, the first town in the state to vote in the state's first-in-the-nation Primary on Tuesday. They had a 100% turnout. Haley won all 6 votes. Donald Trump won 0. We discuss why that matters (and doesn't). Voters across the entire state are voting today on hand-marked paper ballots. In Dixville Notch --- and about 40% of towns in the state --- ballots are publicly hand-counted by human beings after polls close. The rest of the towns, the larger ones in general, are tallied by 15 or 20-year old computerized optical scanners. Though, due to a write-in campaign for Joe Biden in the state, where there is no officially sanctioned Democratic primary, most of those towns will be hand-counting a lot of ballots as well. We'll have full reported results out of NH --- and why they matter (or don't) --- on tomorrow's show, of course.

• For years, Republicans have been citing evidence of miscounted votes in Prince William County, Virginia as evidence of massive fraud in the 2020 Presidential race. The state's Republican A.G., after taking office in 2022, even filed criminal charges against the County's Registrar. Recently, however, the charges were unceremoniously dropped. And now we learn that, due to largely understandable tabulation errors, Joe Biden should have received 1,648 more votes than he was credited for, and that Donald Trump was given 2,327 votes that he shouldn't have, in a county that Biden won by more than 60,000 votes --- in a state where the Democrat won the Presidential race by some 450,000 votes. Races for U.S. Senate and U.S. House were also affected by the counting errors, though none of errors would reportedly have changed the results of any contest. We explain the whole mess.

• We've got quite a bit of good news for you today when it comes to redistricting and rolling back GOP racial and partisan gerrymanders! In North Dakota, a federal judge has ordered new state legislative map after Republicans, following the 2020 Census, cracked two Native American reservations into different districts in order to flip both state House and Senate seats from D to R. It worked in 2022. But now, the judge has ordered not only new maps, but also new elections this fall in the districts found to have been in violation of the Voting Rights Act.

• Louisiana's new Republican Governor approved a new U.S. House map for the state this week, after the GOP state legislature finally adopted it last week, following a federal court order to draw an additional majority-Black voting district in the state. The Republican-controlled legislature previously had just 1 such district out of its 6 Congressional seats, despite African-Americans accounting for nearly a third of the statewide population. GOP lawmakers only agreed to do so after many appeals, and after realizing that if they didn't draw up their own maps, the court would do it for them. The new map will likely result in an additional Democratic member of Congress from the Bayou State next year.

• And, in Wisconsin last week, voters filed a motion with the state's newly liberal-leaning Supreme Court seeking a new U.S. House map in time for the 2024 elections. Last month, the state's high court agreed with petitioners that the state GOP's state legislative maps for the Assembly and Senate, in place for more than a decade, were unlawful gerrymanders in violation of state Constitutional requirements. The new motion filed last week asks the same Supreme Court to order a new U.S. House map as well, on the same basis that the Justices determined the state legislative districts were unconstitutional. Petitioners argue that the unconstitutional and politically gerrymandered map resulted in Republicans winning 75% of the state’s Congressional seats despite winning just 50% of the statewide vote in the 2022 election. That year, the closely divided, if Dem-leaning Presidential battleground state also re-elected its Democratic Governor in the same statewide election.

• Finally today, San Diego was deluged on Monday with a year's worth of rain in a matter of three hours, overwhelming infrastructure in the usually mild Southern California city. But, as discussed in our latest Green News Report today with Desi Doyen, it was just one of dozens of cities across the U.S. in recent weeks where infrastructure has been hammered by climate change-fueled extreme Winter weather. Nearly 100 have been killed in the recent storms in a number of states as of airtime. That, as Big Oil gears up a multi-million ad blitz to hoax Americans into supporting fossil fuel friendly candidates in 2024, as the unstoppable transition to clean, renewable energy is finally underway...

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IN TODAY'S RADIO REPORT: Deadly winter storms pummel U.S. infrastructure; FEMA overhauls disaster relief system as climate shocks worsen; Oil industry lobbyists launch multi-million dollar ad blitz promoting fossil fuels; PLUS: The 2024 Presidential election is an inflection point for climate action... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Heatwave scorches states from east to west as temperatures soar across Australia; Big battle brewing over U.S. LNG exports; Sam Alito suddenly unconcerned about judges ruling based on their policy preferences; Wind energy: A cash crop that never runs out; Louisiana court upholds permits for massive Formosa petrochemical complex in Cancer Alley; Energy efficiency: the net-zero no-brainer that has come of age; Exxon sues over investors’ climate proposal... PLUS: Big Ag and Big Oil team up to lobby for clean energy credits... and much, MUCH more! ...

Nicole Sandler is back on today's BradCast with a special interview, and otherwise taking up guest hosting duties while Brad remains out with his COVID rebound. (He's doing better and hopes to be back soon!) [Audio link to full show follows below this summary.]

Among our stories today...

• The U.S. Dept. of Justice released a damning, 575-page report [PDF] detailing 'cascading failures' of law enforcement in responding to the 2022 mass shooting at Robb Elementary School in Uvalde, Texas. Nineteen children and 2 teachers were killed before law enforcement officers in Texas eventually shot the perpetrator. The report catalogues multiple points of failure by law enforcement officials, including a lack of leadership, training, coordination, communication, and poor decision-making that created confusion at the scene and delayed a confrontation with the gunman until a full 77 minutes after the first 911 call. The report also highlights the misinformation and poor handling of communications with victims' families in its aftermath. In a press conference regarding the DOJ's report on Thursday morning, U.S. Attorney General Merrick Garland charged: "The victims and survivors of the mass shooting at Robb Elementary School deserved better...It is now widely understood by law enforcement agencies that in active shooter incidents, time is not on the side of law enforcement. Every second counts. And the priority of law enforcement must be to immediately enter the room and stop the shooter."

• It was another potentially expensive day in court for the disgraced former President, in the second civil trial brought against him by writer E. Jean Carroll. Today, however, as his mother-in-law was buried, Donald Trump was absent. That followed admonishments by the federal judge on Wednesday for disrupting court proceedings. An earlier jury already established that Trump sexually assaulted Carroll in the 1990's and then defamed her following his Presidency, awarding her $5 million dollars. This new jury will determine how much more he has to pay for his defamatory comments about her while serving as President.

• Next, Nicole speaks with author KELLY CARLIN (pictured above), the only child of the late, legendary comedian George Carlin, about a disturbing new, unauthorized, AI-generated, hour-long YouTube 'comedy special' which used Artificial Intelligence to generate a fake version of her father. The video uses his likeness and signature style to say and do things her dad never said and never did. Reviews of the hour-long "special" have been brutal. But Kelly, who has also condemned the bastardized version of her father's work, details how AI is not only hoovering up and stealing the works of artists, writers and performers without permission, but also poses dangers to average citizens, whose likenesses can similarly be misused and abused with little hope for recourse under current laws. As Carlin warns in her conversation with Nicole: "This is bigger than a famous comedian, or a dead actor, or a live actor. This is about humanity having their autonomy and agency protected legally in this country."

• Finally, we close with our latest Green News Report, as the rightwing majority on the U.S. Supreme Court signals its readiness to gut federal agency authority to craft environmental regulations; a new breed of climate denialism is flooding social media; and how, while the rest of the globe is having its warmest January on record, frigid Arctic air in the U.S. is stranding drivers of both gas-powered and electric vehicles alike...

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IN TODAY'S RADIO REPORT: U.S. Supreme Court's right-wing supermajority appears ready to gut federal agency authority on environmental regulations and more; Social media sites profiting off of a new breed of climate denial, new study finds; PLUS: Frigid Arctic air strands drivers of both electric and gasoline vehicles... All that and more in today's Green News Report!

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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): An unprecedented flu strain is attacking hundreds of animal species. Humans could be next; 'Control the narrative': Alabama utility wields influence by financing news; EU bans 'misleading' environmental claims that rely on offsetting; Bird populations are declining. Some are in your neighborhood; Dr. Michael Mann’s defamation case over online attacks finally comes to trial... PLUS: These startups are teaming up to decarbonize cement and concrete... and much, MUCH more! ...

Brad is out today, trying to recover once and for all from his rebound case of COVID. So guest host Nicole Sandler joins me (producer Desi Doyen) to bring you a fresh, new BradCast to tickle your ears and brain cells. [Audio link to full show follows this summary.]

Among our stories covered today...

• The U.S. Supreme Court heard oral arguments on Wednesday in two important cases: Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. On the surface, the two cases appear to be somewhat innocuous, focused on technical issues about the scope of federal fees and regulations. But, in reality, the cases are vehicles of the fossil fuel industry and rightwing legal groups to achieve their long-sought goal of dismantling federal regulatory and administrative authority by overturning the four-decade old, landmark precedent known as the "Chevron deference". It is, as Cornell Law School describes, "One of the most important principles in administrative law."

  Established in 1984's Chevron v. National Resources Defense Council, the ruling is a key underpinning of federal administrative law with broad applications to nearly every single aspect of American life. At its core, it holds that judges are not technical experts, so they should defer to federal agency expertise when determining Congressional intent on an ambiguous law or statute.

  According to legal analyst Ian Millhiser at Vox, Chevron "places strict limits on unelected federal judges’ ability to make policy decisions for the entire nation," establishing that it is "better for federal agencies, and not judges, to make these sorts of decisions". Millhiser concludes that overturning it would "shift policymaking authority from the executive branch to the judiciary," allowing unelected judges to effectively make policy and insert their own political or ideological preferences.

  In oral arguments at SCOTUS on Wednesday morning, four members of the rightwing supermajority on the packed and corrupted Court --- Justices Clarence Thomas, Sam Alito, Neil Gorsuch, and Brett Kavanaugh --- each signaled they were likely to overturn this landmark precedent.

• Details from the contentious federal court hearing in New York on Wednesday in the second civil defamation trial brought by author and former columnist E. Jean Carroll against disgraced ex-President Donald Trump. The judge threatened to expel Trump from the courtroom after he repeatedly ignored warnings to remain quiet as Carroll testified that he shattered her reputation after she publicly accused him of sexual abuse. A previous state case in NY established that Trump did, in fact, sexually abuse Carroll at a department store in the 1990s. That jury awarded her $5 million for the defamatory comments he made about her after leaving office. He has continued his defamation since then. The jury in this federal case will only determine how much, if any, damages should be for the defamatory remarks he made about her while serving as President.

• Finally, Nicole's speaks with author and communications expert ANAT SHENKER-OSORIO, founder of ASO Communications and host of the Words to Win By podcast. In an illuminating interview, Shenker-Osorio offers key insights and practical advice on winning political messaging, the ways in which the words that we use matter, and how to help ensure voters are engaged and informed that the critical 2024 election is now a choice between "freedom or fascism."

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Lucky me. I now have a rebound case of COVID. But with the first votes cast in the critical 2024 Presidential race in frozen Iowa on Monday night, I mustered as well as I could to bring you a fresh BradCast today. (No promises for tomorrow, however!) [Audio link to full show follows this summary.]

With that in mind, I need to keep this short and get back to bed. Among our stories covered today...

• Iowa's far-right GOP caucus-goers have a habit of backing losers. On Monday, a bare majority of them (51%) voted for Donald Trump in far below zero temps. Almost half of IA's GOP caucus-goers voted against him. But that was still more than enough to defeat the disgraced former President's splintered and woeful challengers. After burning about $150 million in his all or nothing quest to win Iowa, Ron DeSantis lost it. He came out with just 21.2% of the vote, narrowly edging out third-placer Nikki Haley, who still has a not-impossible-chance of defeating or, at least, challenging Trump in next week's first-in-the-nation New Hampshire primary. She finished just behind DeSantis with 19.1% on Monday night in IA. Both challengers have vowed to move on to NH. Vivek Ramaswamy, however, who finished in a distance fourth in IA, quickly bowed out and endorsed Trump. That's about all you need to know about Monday night when it comes to the horse race. Beneath that, however, there is much more, underscoring this unprecedented moment for the nation and the need for an overwhelming majority of voters to step up and save American Democracy this year.

• Meanwhile, down in Texas in recent days, 2028 Presidential hopeful, far-right Republican Governor Greg Abbott appears hoping to touch off a new civil war between his state's military and the federal government. In a multi-prong effort to goose his political fortunes by ensuring that immigration concerns will not be dealt with until a Republican President is in the White House (to get credit for it), and to further fuel his party's latest grift that, without a return to power for the GOP, a new "civil war" is looming, Abbott has deployed the Texas Military Dept. to the nation's Southern border. In doing so --- despite migration numbers recently plummeting thanks to high-level talks between the U.S. and Mexico --- Abbott has erected razor wire on the U.S. side of the Rio Grande and new steel fencing and gates to physically lock out U.S. Border Patrol from protecting miles of our national border. He has done so without permission of either the feds or local city governments. As the Biden Administration challenges Abbott's extra-Constitutional tin-pot authoritarianism at SCOTUS, a mother and her two young children died while attempting to cross the river over the weekend. TX troopers reportedly blocked federal officials from responding to a distress call from the Mexican government. As discussed, Republicans don't fear a new civil war. They want one. Or pretend to. And they certainly don't want to actually solve any issues at the border, else they'd have nothing to run on this November.

• Finally, Desi Doyen joins us for our latest Green News Report with new numbers from 2023's record heat and climate disasters; as Republican climate crisis denial continues on the campaign trail on behalf of fossil fuel industry funders (with increasingly deadly results); and as the Biden Administration moves ahead with rules to force polluting oil and gas companies to finally pay their fair share in return...

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