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IN TODAY'S RADIO REPORT: U.S. sea levels to rise by at least a foot by 2050, causing profound flooding; Rio hit with deadly torrential rains, floods, and landslides; PLUS: Good news for breathers --- Biden to restore California's clean car standards... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Corn-based ethanol may be worse for climate than gasoline; Nuclear fusion: why the race to harness the power of the Sun just sped up; Zinke broke ethics rules as Trump's Interior Secretary; Oil firms' climate claims are greenwashing, study concludes; Firefighters file multiple lawsuits over PFAS in gear, foam; Jordan tries to save rare red sea corals that can take climate change; CA will put solar panels over canals to fight two disasters at once... PLUS: Flourishing plants show warming Antarctica undergoing 'major change'... and much, MUCH more! ...

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

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

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

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

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

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

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

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

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

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

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

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

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

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IN TODAY'S RADIO REPORT: Germany shuts down half of its last remaining nuclear power plants; Trump's EPA chief, a former coal lobbyist, tapped for Virginia's top environmental post; Toyota, Chevy and Ford make big EV announcements; PLUS: San Francisco gets the world's first hydrogen powered ferry... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 6 big environmental stories to watch in 2022; 2021 temperature records now coming in; Manchin [claims he] sees path to climate deal; A month of unprecedented U.S. weather disasters ends with Colorado fire catastrophe; Ford launches effort to make EV charging in the US much easier; Texas gas barons have not learned lessons of blackouts; Judge orders release of disputed DAPL documents; Texas enacts nation's strongest flood disclosure law; Wildfires are digging carbon-spewing holes in the Arctic... PLUS: This vast wildfire lab is helping foresters prepare for a hotter planet... and much, MUCH more! ...

On today's BradCast: Last September, Donald Trump demanded an "audit" of the 2020 Presidential election in Texas, where he was certified to have won by about 550,000 votes, the narrowest victory for a Republican nominee in the Lone Star State in decades. Hours after he demanded it, his lapdog, Republican Governor Greg Abbott, made it happen. Despite the state's top election administrator previously describing the 2020 election as "safe and secure", state taxpayers are now quietly paying for another review of results in the so-called "conservative" state. Four of its largest counties are being reviewed. Three of them went to Joe Biden in 2020. A report from the first phase of the so-called 'forensic audit' was released last week, when as few people as possible might notice: At the end of the day on Friday...New Years Eve. [Audio link to full show is posted below this summary.]

But before we get there today, a quick update on the quickly intensifying Omicron surge of the coronavirus, as more than 100,000 Americans were hospitalized as of Monday, the highest number since the late summer Delta surge. President Biden once again urged Americans to get their shots. In White House remarks he said the public should "be concerned about Omicron, but don't be alarmed," before adding, "but if you're unvaccinated, you have some reason to be alarmed."

It's unknown if the Republican anti-vaxxer community in Orange County, CA will be moved by the President's comments. Perhaps the death this week of their well known 46-year old Deputy District Attorney, Kelly Ernby, a longtime GOP anti-vaccine activist and failed political candidate, will get their attention. We share her tragic, if predictable, story today, just weeks after the prosecutor's last Southern California rally in December in favor of "freedom" in opposition to vaccine mandates.

Then we're joined by PHILIP B. STARK, longtime Professor of Statistics at UC-Berkeley and the inventor of the post-election Risk Limiting Audit (RLA) protocol, to discuss the very quietly released "Phase 1 Progress Report" [PDF] of what Texas is describing as a "Full Forensic Audit of November 2020 General Election". The phrase "forensic audit", as Stark notes, doesn't actually have any accepted definition or specific meaning. But, we also discuss much more about the newly found "forensic audit" fever among Republicans who have spent years blocking Democratic measures in Congress to institute legitimate post-election audits in all 50 states after every election.

You'll not be surprised to learn that the Lone Star State's review, at least so far, appears to have turned up pretty much nothing unusual at all. Their hand-count of ballots (not of results, apparently, but simply of the number of ballots) in a number of precincts in each of four different large counties (Dallas, Harris, Tarrant and Collin) appears to have largely confirmed the original certified totals in those precincts. We discuss the not-much-to-see-here details that add to the continuing pattern of Republicans finding no evidence at all that the 2020 election was stolen, as Trump continues to falsely complain to this day.

But there is a much larger picture to discuss. The implementation of secret, computerized tallying of ballots over the past two decades has made election results virtually impossible for the public to oversee. That has helped open the door to crackpot claims like those from the loser former President that our elections are littered with fraud and false tallies. Stark explains how the lack of legitimate post-election audits, safeguards, transparency and "evidence-based elections" has led the nation to this moment when American democracy itself is now under very serious threat.

"The end goal is to conduct elections in such a way that we have strong evidence that the reported winners actually won," Stark explains. "In order to do that, you need to start by running your election well. You will have the documents, processes, the security protocols, etc., in place that allow you to do a meaningful audit that can tie a bow around the election, and say, yes, whatever might have gone wrong with the election didn't change the reported outcome."

"The problem," he continues, "is if you go into an election that wasn't run especially well, and then afterwards try to do something based on the records that you do have. You're never going to be able to present affirmative records that the reported winners really did win. They won't give you evidence for or against the outcome being right."

And then, the conversation turns much darker.

"I don't want to be alarmist, but I think we have a very short period of time in which to make our election processes far more publicly transparent and visible, and have much more public participation," Stark warns. "If we haven't implemented evidence-based elections by the 2024 Presidential election we are very likely to see serious civil unrest in the aftermath. We have to make it a top priority to conduct our elections in a way that they produce real evidence of who won, not just 'trust me, I did it right,' or 'trust the vendor who sold me the [voting and tabulation] equipment' or 'trust the people who configured it for me,' or 'trust this or trust that,' but actually 'show me!' We really need to have 'show me,' not 'trust me' elections."

As much as we strive to avoid false "both sidesism" on this program --- and even though some Dems in Congress have tried for years to adopt federal legislation mandating real post-election audits, only to be stymied by Republicans every time --- this really is a bipartisan problem. "After the 2016 election, the Republicans didn't want to look. After the 2020 election, the Democrats don't want to look. If you like the answer, you don't want to look too hard. I think that's a terrible mistake. It allows uncertainty to be weaponized, which is what we've seen in the aftermath of the 2020 election," Stark cautions.

He continues: "The fact that a system is vulnerable does not mean that it was exploited. But we ought to build our systems or run our systems in a way that if a vulnerability was exploited, we can catch it and correct the outcome before it becomes final. And we know how to do that. It is a solved problem. It is not rocket science. It does involve a lot of shoe leather. And it involves not trusting computers on the whole. It requires public transparency."

But if that is not going to happen at the federal level (thanks in no small part to Democratic Senators Manchin and Sinema, who are joining Republicans to block passage of audit mandates in the Freedom to Vote Act), it can certainly happen at the state level, where very few, if any, states currently carry out audits that are robust and transparent enough to earn full voter confidence. "I hope that some state legislatures rise to the occasion and decide to do evidence-based elections in time for at least 2024, if not the midterms," Stark tells me.

Finally, Desi Doyen joins us for our first Green News Report of the new year, with deadly climate change-fueled extreme weather already wreaking havoc across both the nation and the world as 2022 begins...

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IN TODAY'S RADIO REPORT: Colorado's Marshall Fire now the most destructive wildfire in state history; 2022 kicks off with record-breaking extreme weather in the U.S. and around the world; PLUS: Southern California beaches closed after heavy rains trigger massive sewage spill... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The reddest U.S. states face the deepest climate danger; Jackpile Mine toxic legacy continues at Laguna Pueblo; Hawaii upholds order requiring US Navy to drain fuel tanks; Changing climate parches Afghanistan, exacerbating poverty; Chile rewrites constitution, confronting climate change head on; Solar power projects see the light on former Appalachian coal land; Germany shuts down half of its remaining coal plants... PLUS: A WA State tree has stood for 500 years. Will it be sold for $17,500?... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: 2021 brought a wave of deadly, and expensive, extreme weather disasters in the U.S., but also some very good news; Big battery storage is soaring on America's electric grid; Sales of gas-guzzling SUVs hit new record; PLUS: Biden Administration mobilizes to rid the nation of millions of lead pipes... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'Top of the list': W.Va. faces surprising climate dangers; Schumer promises January vote on BBB climate spending bill; he hidden, ugly truth behind Joe Manchin’s stance on BBB’s climate provisions; Biden administration moves to expand solar power on US land; Native Americans’ farming practices may help feed a warming world; GOPer on wind turbines: "They don't kill birds like they said"; $475 million ettlement proposed in longest-running US oil spill; GAO: DOE risks wasting ‘significant funds’ on CCS... PLUS: Halliburton keeps 'losing' evidence of its fossil fuel screwups... and much, MUCH more! ...

It's been a rough close of the year for those of us fighting to preserve democracy in these United States against the rising authoritarian tide from the Right. But while it's has been a tough slog for passage of federal voting rights and election protection legislation in the U.S. Senate, there have been several critical victories for fans of democracy in federal court over this past week, as covered on today's BradCast. [Audio link to full show is posted below this summary.]

First up, some quick news on the continuing probe by the U.S. House Select Committee investigating Donald Trump's attempt to steal the 2020 election by inciting an insurrection at the U.S. Capitol on January 6th. GOP dirty tricksters and longtime Trump pal Roger Stone invoked his 5th Amendment right against self-incrimination before the Committee today. While Stone is the first to admit to doing so publicly, he is the third Trump henchman to reportedly have done so to date. In 2019, Stone was convicted of seven criminal felonies, including lying to Congress and obstructing the probe into Russian interference in the 2016 election, before eventually being pardoned for all charges by Trump on his way out of office.

The House Committee appears to now be homing in on the question of, in Vice Chair Liz Cheney's words: "Did Donald Trump, through action or inaction, corruptly seek to obstruct or impede Congress's official proceedings to count Electoral Votes." If so, and if charged with and found guilty of said action or inaction, the former President could face as many as 20 years in prison under federal law.

Fox "News", on the other hand, is already in federal court, facing a $1.6 billion defamation lawsuit by the Dominion Voting Systems company. On Thursday, a federal judge denied the Republican propaganda outlet's Motion to Dismiss the case. That is a major hurdle for the private voting system vendor to have cleared, allowing their case to move on to the discovery and trial phase. Both Dominion and another private election vendor, Smartmatic, have filed several defamation suits against Fox and other rightwing media outlets, as well as Trump lawyers and allies such as Rudy Giuliani [PDF], Sidney Powell [PDF] and MyPillow CEO Mike Lindell [PDF], for their false claims that Dominion and Smartmatic stole the election for Joe Biden. Giuliani, Powell and Lindell's Motions to Dismiss in their similar defamation suits, in which the voting companies are seeking more than a billion dollars in each, were all rejected over the summer.

Next, more good court news came in late last week in the eight different lawsuits now filed challenging the state of Georgia's voter-suppression and election subversion law known as SB202. The measure was adopted by state Republicans earlier in the year on the heels of Trump's evidence-free claim that the 2020 election he lost to Biden in the Peach State was rigged, and after the elections of the state's Democratic U.S. Senators Jon Ossoff and Raphael Warnock in the January runoff.

Late last week the Trump-appointed judge overseeing all eight challenges to SB202, allowed all of them to proceed in full, rejecting the Motions to Dismiss filed by the State and Republican groups that have joined the defendants. Seven of those suits, including those filed by the NAACP, ACLU, Stacey Abrams' Fair Fight organization and the U.S. Dept. of Justice, focus largely on race-based violations of the Voting Rights Act.

The eighth case, filed by the Coalition for Good Governance [PDF], in which I am a named plaintiff representing media, challenges SB202's election subversion clause and several others which, the suit contends, violate the First Amendment of the Constitution. SB202's election subversion clause allows the State Board of Elections to replace county elections officials with partisans, for virtually any reason they like, who can then overturn elections, also for virtually any reason they like. Other provisions of the law challenged by CGG prevent the public and media outlets like our own, from basic election oversight and reporting functions that have been in place for decades if not centuries, such as the right to photograph inside of polling places or during the tallying of absentee ballots.

Earlier this year, in August, U.S. District Judge J.P. Boulee granted an injunction [PDF] on SB202's photography ban in advance of Georgia's November municipal elections. But his ruling last week [PDF] was much broader in allowing all eight challenges to the law to proceed in full toward the discovery and trial phases. It was, as my guest explains today, a major victory for all of the plaintiffs.

We're joined today by MARILYN MARKS, Executive Director of the non-partisan Coalition for Good Governance, to discuss the good news in that case, new developments in her separate, longstanding case challenging the use of Georgia's new, 100% unverifiable touchscreen voting machines made by Dominion Voting Systems and much MUCH more. We haven't spoken on air with Marks, usually a frequent guest, in about six months! So we've got a LOT to catch up with today!

Among the many points in our wide-ranging conversation...

• Marks offers her reaction to Fox "News" losing its Motion to Dismiss in Dominion's defamation case against them; the conflicting emotions in supporting Dominion in their defamation cases, given that likely nobody in the nation has been tougher on Dominion's terrible voting systems than she has been; and why it is that, as unrelenting as she's been against Dominion for so many years (The Coalition's lawsuit seeks to ban their touchscreen systems across the entire state), the company has never sued her or her organization for defamation.

• Speaking of the Coalition's case against GA's use of the Dominion touchscreens (which is separate from their SB202 challenge), Marks updates us on a report created for the court by plaintiff's expert Dr. Alex Halderman, finding vulnerabilities in Dominion's voting systems that are so disturbing the federal judge has sealed his report as for "Attorneys Eyes Only," meaning that even Marks has not been allowed to see it But, she notes, Dominion now has access to that report. If so, as we discuss, that means that, under California law (where several counties also use these same terrible systems), the company must now share the vulnerabilities in that sealed report with California's Sec. of State. In turn, CA must then report the vulnerabilities to the U.S. Election Assistance Commission. (The report by Halderman and the vulnerabilities he allegedly found became an issue here in the Golden State earlier this year, just prior to the California Gubernatorial Recall election in September, after Dominon's central Election Management System software was apparently stolen and duplicated under the auspices of a rightwing Mesa County, Colorado election official and released to the Internet during Mike Lindell's failed "Cybersecurity Symposium" in South Dakota.) It is unknown if Dominion has yet to share Halderman's report with the CA Sec. of State, as per state law. Marks notes that Halderman has said the vulnerabilities are "even more serious" than those found in the older Diebold touchscreens GA used to use, before they were banned by this same lawsuit and replaced with the vulnerable Dominion systems. "Dominion has to inform the California Sec. of State within 30 days of getting reports of defects, failures, etc.," she explains, "So yes, it should be happening soon."

• Marks details why "it was a big victory" that Judge Boulee allowed all of the SB202 cases to proceed, including the one filed by the Coalition. She details how her group's challenge to SBS202 is very different from the other seven that the judge allowed to proceed as well, while he suggested that some of the overlapping cases may be combined in the days ahead. She notes that, despite being a Trump appointee, he appears to be doing a very thorough job of overseeing all of the cases, including points made by both plaintiffs and defendants alike.

• She clarifies how even if SB202 is struck down in full, state law in Georgia would still allow much of the recent purging of Black Democratic elections officials from county boards of elections, as we discussed with one of those purged, longtime county election officials and voting rights leaders Helen Butler of The People's Agenda on the show earlier in the week. "Unfortunately, you and Helen are right about that," Marks confirms.

• We discuss --- and have a minor difference of opinion --- regarding a recently dismissed lawsuit in Georgia that challenged the state's 2020 election results. That case, filed by a group named VoterGA, alleged thousands of fraudulent ballots were included in the 2020 results. It was dismissed in recent weeks for reasons of standing that both Marks and I find questionable. Our small disagreement is related to my argument that the case should have been allowed to proceed because, even if VoterGA's complaint was based on false claims of fraud, those who question election results (even those conned by a lying, disgraced former President) ought to be able to examine election results and ballots for themselves, as long as they pay the costs for the exercise and ballots are taken out of the secure custody of elections officials. (That, in contrast to the what we saw earlier this year in the Cyber Ninjas' clown show "audit" in Maricopa County, Arizona.) Marks, a longtime, huge advocate for transparency and public oversight of elections supports that idea, but notes that VoterGA failed to seek such oversight during the period when they could have done so under state law. Further, she explains, the group failed to join earlier efforts to the election to change state law in order to declare paper ballots and digital ballot images to be official public records, fully reviewable by citizens and groups like VoterGA and the Coalition for Good Governance.

• Finally, Marks also offers her reaction to the recently discovered news that Trump attorney and longtime GOP "voter fraud" fraudster Cleta Mitchell, had been quietly named to an Advisory Board for the U.S. Election Assistance Commission (EAC) earlier this year. Her appointment in April was not publicly reported until November. Mitchell participated from the White House on Trump's infamous January 2nd phone call with GA Sec. of State Brad Raffensperger when the desperate, outgoing President attempted to bully Raffensperger, urging him to "find" enough votes to steal the election for him in the Peach State. The EAC, meanwhile, which Mitchell is now advising, is responsible for certifying voting systems used in the U.S. and helps states and counties on regulations and best practices for federal elections.

There is a lot of important information about elections and election integrity in today's conversation with Marks. Though we better not wait another six months to do it again or we'll have to have a three hour show!...

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On today's BradCast, we cover both COVID and SCOTUS and how to try and stay safe from and/or fight back against the very serious threats now posed by both of these hideous, rogue, all-caps acronyms. [Audio link to full show follows this summary.]

First up, it's COVID. Specifically, the Omicron variant, as the CDC finds that, according to their latest data, unvaccinated people are 14 times more likely to die and 11 times more likely to be hospitalized with COVID-19 than those who are vaccinated. Those numbers seem to refer to those vaccinated by two mRNA shots without a booster shot, which is now key to fighting the quickly rising threat of Omicron.

As Josh Marshall bluntly warns in one of his chilling recent updates on newly emerging data on the new, highly transmissible variant --- which still include a number of unknowns --- "A lot of people are about to get sick."

New studies just coming in from around the world suggest that Omicron is incredibly aggressive, even for those with some immunity from two vaccine shots or previous infection. A booster shot, the studies are finding, help tremendously to ward off both the likelihood of infection, as well as the worst symptoms. Two doses and a booster will roughly offer the same protection against Omicron as two shots alone did against Delta. Marshall reports the data show "late December through January will be explosive in terms of numbers of infections" in the U.S. He repeated a similar warning based on newer incoming data on Omicron last night: "The rate of growth is simply explosive. There’s no other way to put it...we should expect a very, very large wave of infections in the coming weeks...The pace and scope of the surge looks likely to be something like the original one in the Spring of 2020."

Too many people, I believe, have been placating themselves on the somewhat misleading data point suggesting Omicron infection appears to be less severe than previous variants. There are a number of reasons that it could be (including the fact that many now have at least some immunity due to vaccination or antibodies from a previous infection), but the severity level misses the point of the somewhat terrifying transmissibility numbers emerging right now and how that is likely to overwhelm health systems in this country and result in a lot of people dying. A more mild disease that infects 5 times more people is equally or potentially even more deadly.

The current surge under way in the U.S. is still almost entirely comprised of Delta cases. Once Omicron --- which is really good at breaking through immunity created by both infection antibodies and vaccines --- begins to rise over the next 2 to 4 weeks, things could get really bad on several levels. We are already seeing deaths spike again to more than 1,700 a day in the U.S., and that's almost entirely from Delta.

Bottom line: Get boosted. "It's not a marginal difference" from two shots, Marshall advises, based on a very close reading of emerging data and discussion with experts, "It's a big one." He goes on to write: "I would also seriously consider limiting obvious vectors of exposure: indoor activities in large groups, eating indoors, large crowds indoors or out. We all have our own levels of risk aversion and we can’t hide forever. But you should assume that your risk of being exposed to COVID is about to go up a lot. So plan accordingly.

Of course, he's hardly the only one sending this similar message. "All the models right now are flashing bright red," warns New York "Intelligencer" science writer David Wallace-Wells in one of his latest pieces headlined "Omicron is About to Overwhelm Us: The new COVID variant has all the makings of a mass wave." Pay attention please. Get boosted.

Next up, it's SCOTUS. Senator Elizabeth Warren (D-MA) penned a blistering --- if absolutely correct on every key point --- op-ed at Boston Globe yesterday, calling for the expansion of the Republicans "packed" and "stolen" and "corrupt" Supreme Court. The call comes not a moment too soon (and, perhaps a year or so too late). Still, it's good to hear elected officials speak as directly about the threat now posed by this corrupted, partisan Court to "basis principles of law" which now "threaten the democratic foundations of our nation."

We share most of her piece on air today. But if you don't listen to the show, read her must-read piece. She breaks down precisely how Mitch McConnell's hypocritical "Republican court-packing has undermined the legitimacy of every action the current court takes" as its illegitimate 6 to 3 rightwing "supermajority will continue to threaten basic liberties for decades to come." Democrats, she advises, must exercise their Constitutional Article III, Section 1 authority to change the size of the Court, as Congress has done at least seven times before. That number doesn't even include what happened after McConnell, corruptly "reduced the size of the court for over a year solely for ... partisan gain and then turned around and jammed through another nominee days before losing the presidency."

But, as welcome as op-eds are, action is better. So we were delighted when, immediately after the Supremes last week once again allowed Texas' clearly unconstitutional six-week abortion ban law to stay in place, the Governor of California announced plans for actual action to push back. If its now judicially acceptable to write laws that both undermine Constitutional rights and evade judicial review by allowing private citizens to enforce it, as the Texas law does, the same can be done with other rights.

On Saturday, Gov. Gavin Newsom declared his intention to "work with the Legislature and the Attorney General on a bill that would create a right of action allowing private citizens to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney’s fees, against anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in the State of California."

"If states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way," the Governor noted in his brief statement. "If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that."

He seems quite serious. And so does New York Attorney General Leticia James who, when asked about whether her state might take similar actions to Newsom's this week on ABC's The View, cited the outrageous immunity against prosecution that gun manufacturer's have been afforded by federal statute to say: "Yes! When I heard about that, I said to my team, we need to follow his lead."

Good. It's remarkable that the extremist radical rightwingers on the High Court either didn't see this coming, or didn't care. Of course, if the Supremes are cool with the Texas law as written, what is to stop any state from allowing "lawful" private, vigilante law suits against people who are simply exercising their First Amendment rights by, say, wearing a MAGA hat or being members of the Republican Party? In truth, nothing stops that at all, which is why Sen. Warren's op-ed is so on point.

Finally, as if those threats are aren't enough, Desi Doyen joins us for our latest Green News Report, with more threats to our climate than the Supreme Court should allow us to fit into six minutes...

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We've got a lot to catch up with on today's BradCast, after a weekend lost to recovery from our Moderna booster shots. [Audio link to full show is posted below this summary.]

First up, we discuss how things went following Friday boosters for both Desi and myself. For me, as after the second shot, not so good (though much better than actual COVID!) For Desi...it was pretty much business as usual beyond a bit of fatigue. Either way: Go get your shots! Also, just before air, California announced they are re-instituting a statewide mask mandate for indoor, public spaces amid another surge in COVID cases.

Next, 74 people are now confirmed dead in Kentucky alone, and more than a dozen were killed in four other Midwestern states on Friday night after a swarm of very late season tornadoes devastated an eight-state area, as unusually warm December air met with a cold front. Predictably, a climate change-fueled disaster ensued as the states, particularly Kentucky, now wrestle with mass power and water outages amid freezing temperatures for tens of thousands of residents while trying to sift through rubble and continue recovery efforts. Desi details the extreme weather's known connections to climate change and how (and if) corporate media are bothering to cite the causes for yet another deadly, intense, out-of-season extreme weather event.

Then, also breaking over the weekend, the release of a PowerPoint document called "Election Fraud, Foreign Interference & Options for JAN 6". It was obtained by the U.S. House Select Committee investigating January 6, from Donald Trump's former Chief of Staff Mark Meadows. The document was turned over to the Committee as part of a tranche of email and text message documents from Meadows before he decided he would stop cooperating with them. He will now almost certainly face federal criminal contempt charges, just as Trump's former aide Steve Bannon is now facing for also failing to answer lawful subpoenas from Congress.

This latest "smoking gun" document --- a 38-page version of which was circulated after the election last year, and a very similar 36-page version dated on Jan. 5 --- further cements the details behind the broad criminal conspiracy to steal the 2020 election from Joe Biden and the American people by Donald Trump and his minions. In this case, those cronies include the bulk of his Campaign staff and attorneys, much of his White House staff, members of the Dept. of Justice and a whole bunch of elected officials both in Congress and in the states.

We walk through a number of the evidence-free assertions made in the PowerPoint presentation which, according to Meadows, was to be shared with people "on the Hill" on January 5. Among those assertions, that China and Venezuela had "systematically gained control over our election system constituting a national security emergency," after "electronic voting machines were compromised."

Of course, there is zero evidence included in the document for those extraordinary claims. And those referencing Venezuela are known to be nonsense, since they are directly based on my own exclusive reporting at The BRAD BLOG from 2008 to 2010, which Team Trump subsequently lifted, twisted, mangled and bastardized to somehow support their false, easily-disproven and evidence-free narrative.

As to the "national security emergency" cited by the document, Trump was encouraged to declare one in order to then order ballots collected by the National Guard and U.S. Marshalls in all 50 states, to be counted by them once "invalid" and "fraudulent" ballots were somehow removed. Those same National Guard members, Meadows' documents also assert, according to the House Committee, were also to be tasked to "protect pro Trump people" on January 6 during the attack on the U.S. Capitol after Pence refused to go along with the plan to declare the Electoral College votes invalid. The last effort by Team Trump to steal the election was, as we all know, to hurl thousands of his gullible supporters at the Capitol itself in hopes of preventing the Constitutional certification of Joe Biden's legitimate election victory. The subsequent deadly attack was exactly what Bannon blatantly teased on his "War Room" podcast on January 5th. They were all in on it, including a bunch of members of Congress, as the Jan 6 Committee has recently been suggesting.

We explain much more detail on what is revealed by the ridiculous claims in the PowerPoint presentation on today's program, and how the guy --- retired U.S. Army Colonel Philip Waldron --- who reportedly circulated it among the dupes on the Right, actually met with Meadows at the White House as many as 10 times in the run-up to January 6th.

But the main point is this: Donald Trump and his minions employed a coordinated attempt to steal the 2020 Presidential election. It was not haphazard and it was not just low level operatives. And it was not, as media and many Dems still mis-describe it, an attempt to overturn or reverse or question or subvert the results. It was not an attempt to ferret out "voter fraud" or "election fraud". Donald Trump tried to STEAL the 2020 election and this was the "Rosetta Stone" road map for it. It would help the nation understand how close we came to losing what is left of our democracy entirely if it was described in those simple, basic and absolutely accurate terms.

What do about it? That will, no doubt, be the subject of future programs. But, at least today, hopefully, you will understand what happened and what didn't --- along with what they tried to do, and what they failed to do --- so we can all take action to make sure, somehow, something like this can never happen again...

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IN TODAY'S RADIO REPORT: Climate change is changing Western U.S. forests, and altering mountain snowpack; December heat wave breaks records, sparks unusual late-season fires; Climate change is coming for Christmas trees; PLUS: Oil giant Shell ditches controversial Cambo drilling project in Scotland... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): A fraught and rocky energy transition pathway; CO2 tax at Europe's border: Revolution or protectionism?; One U.S. state consumes half the oil from the Amazon rainforest; Gambling 'America’s Amazon': toxic coal ash waste pit in one of America’s most biodiverse river systems; How state and local governments can leverage landfill solar; Norway rules out 2022 oil licenses in unexplored areas... PLUS: Desertification: How to stop the shifting sands... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: While we were out --- 52 killed in Russian coal mine; Water scarcity triggers unrest in Iran; Biden opens up the Strategic Petroleum Reserve; Seattle has wettest fall ever recorded; Portugal goes coal-free; PLUS: Interior Dept. calls for overhauling nation's oil and gas leasing program... All that and MUCH more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): How Indigenous peoples are fighting the apocalypse; How leather seats in luxury SUVs fuel Amazon deforestation; Greenland is seeing record ice loss; U.S. drillers add oil and gas rigs for record 16th month; Gulf oil lease sale means drilling within legacy chemical dump site; Plastic nurdles are the worst toxic waste you've probably never heard of... PLUS: Houston highway project sparks debate over racial equity... and much, MUCH more! ...

As usual, we're looking both forward and back on today's BradCast...and not a whole lot of it looks fantastic in either direction. But their could be some accountability on the horizon, which always looks good to us. [Audio link to full show is below this summary.]

First up, some climate and "sausage making" news. New polling finds that a majority of Americans --- in both major parties --- now finally see our quickly worsening climate crisis as being of "high importance" to them. We break down the new survey and what it does and doesn't mean.

In related matters, as discussed on yesterday's program, there is still a chance that the U.S. could meet President Biden's pledge to cut greenhouse gas emissions that cause global warming in half by 2030 and reach net zero emissions by 2050, even after corrupt, coal-state Democratic Sen. Joe Manchin insisted on removing the key program for clean electricity from Biden's Build Back Better reconciliation bill. That program would have paid utility companies to move quickly to clean energy sources and penalized those that stuck with dirty, dangerous fossil fuels like coal and natural gas. But those already long odds may be getting much longer if Manchin is successful in removing yet another key climate provision from the bill, fees that are to be levied against the release of methane from oil and gas wells. Desi Doyen explains why that program is so important and how killing or weakening it, as Manchin reportedly wants, could be a fatal blow to our chances of surviving our ongoing climate emergency.

Next, the Biden Administration this week has, for a second time, rejected our disgraced, twice-impeached former President's attempt to invoke Executive Privilege to prevent the release of more Trump-era White House documents regarding the attack on the U.S. Capitol on January 6th. The documents are the second tranche requested of the National Archives by the U.S. House Select Committee investigating the Trump-incited attack.

That bad news for the former President (but good news for all democracy-loving Americans) comes on the heels of a series of reporting shedding additional light on Trump's attempt to steal the 2020 election, including by insurrection at the Capitol. Over the weekend, Washington Post detailed the "war room" effort carried out at the historic Willard Hotel near the White House from December through January, as Trump's activist lawyers, goons and other operatives, such as Rudy Giuliani and Steve Bannon, plotted various ways to overturn Joe Biden's victory.

Another report over the weekend from Rolling Stone documents the ways in which at least seven GOP U.S. House Reps participating in the planning of the rallies that led to the assault on the Capitol. Those members of Congress, according to two of the organizers who served as sources for the magazine (who are also said to be cooperating with the Jan. 6 Committee) are Marjorie Taylor Greene (R-GA), Paul Gosar (R-AZ), Lauren Boebert (R-CO), Mo Brooks (R-AL), Madison Cawthorn (R-NC), Andy Biggs (R-AZ) and Louie Gohmert (R-TX). In the wake of the reporting, a number of Democrats in the House are now calling for the expulsion of those Republican members.

The Rolling Stone report also cites Gosar as encouraging the two unnamed organizers by telling them they could expect a "blanket pardon" from the President for a separate, unidentified matter in which they are said to have been involved. If true, Gosar's (apparently false) promise, if it was actually made, also seems to place Trump himself squarely at the center of organizing the conspiracy that eventually became a deadly attack on the U.S. Capitol.

Monday, on MSNBC, Bob Woodward and Robert Costa, who detailed the Willard Hotel war room in their new book PERIL, offered more details, with Woodward reporting that the pair had "talked recently with a former Republican head of the Criminal Division in the Justice Department who said there is a 'lay down case,' just in what we know --- 18 U.S. Code, Section 371 --- a law that says it is a crime to defraud the government in any deceptive way, and that's exactly what they did here."

Last night, citing Woodward's comment, our guest today, KEITH BARBER, who blogs at Daily Kos under the name "KeithDB", broke down exactly what 18 U.S.C. § 371 actually is and how it could or should be applied here. In addition to being a regular dKos contributor on legal and constitutional matters, Barber is a former U.S. Army Captain, a longtime (now retired) attorney, and a lifelong Republican, at least "pre- Trump", according to his profile at the website.

Today, he walks us through the statute in question today, explaining how it is interpreted by the DoJ and how it appears to apply quite perfectly to both Trump and his cronies in their efforts to steal last year's Presidential election through deception and fraud.

Citing the DoJ's own explanation for its attorneys, Barber notes that he "was really surprised how stunningly broad" the statute is. "It basically can refer to impairing, obstructing or defeating the lawful function of any department of government, or depriving any department of government of its lawful right and duty required by law."

"Here," he continues, "we have counting of the Electoral College votes, very much required by law. That has to be done. A duty of Congress by law. And, arguably, the efforts going on in that 'war room', even setting aside the violence question --- the efforts to, through legalese and bogus Constitutional means, overturn the election --- constituted an effort, through deception and dishonesty, to overturn the election." Barber argues that Trump's criminal conspiracy seems to perfectly meets the DoJ's definition of the law, exactly as Woodward and Costa's former DoJ source posited.

Then, of course, the question is: Will the House Select Committee on January 6 cite that section of federal law and, more importantly, will the DoJ take action to enforce it against Trump and/or his cronies? As we also discuss, the DoJ has been less than aggressive in upholding the conspiracy law against Trump in other matters, such as the criminal conspiracy that both federal prosecutors and his former lawyer, Michael Cohen, allege that Trump "directed" in the hush-money payoffs to adult film actress Stormy Daniels --- for which his co-conspirator Cohen served time in prison.

There's much more in our conversation, including what to make of Gosar's alleged promise of "blanket pardons" and whether the attempts by Trump attorneys, such as John Eastman and Rudy Giuliani, to avoid testimony to the January 6 Committee by claiming attorney/client privilege, will legally hold up. (Spoiler: It won't, explains Barber.)

Finally, we're joined again by Desi Doyen with our latest Green News Report on one of the busiest weeks in climate news in our 12 years of producing the GNR. So, I won't even try to summarize it here. But, please do tune in for that and much more on today's BradCast!...

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IN TODAY'S RADIO REPORT: Historic storm slams drought-stricken Western U.S., as climate-intensified extreme weather threatens 90 million Americans across the nation; U.N. study finds greenhouse gas emissions hit new record highs in 2020; PLUS: New reports warn man-made climate change poses a serious and growing threat to national and global security... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 2050: what happens if we ignore the climate crisis; The world needs to cut its emissions 7x as fast to hit climate goals, UN report finds; EPA deems 'forever chemical' toxic to humans; Total Oil accused of downplaying risk from fossil fuel for decades; Manchin pushes for more climate cuts from budget bill; Natural gas leaks in homes vastly under-reported; Unchecked oil and gas wastewater threatens CA groundwater... PLUS: Plastic's GHG emissions could outpace those from coal by 2030, report warns ... and much, MUCH more! ...

ExxonMobil picked the wrong guy to try and intimidate. That much was clear as day during our interview with him on today's BradCast. [Audio link to full show is posted below this summary.]

As the most powerful storm in history, with record breaking rain and winds, slams the West Coast, a nor'easter threatens the East Coast and powerful storms, including late season tornadoes, threaten the middle of the country and the Gulf Coast this week. Tens of millions of Americans are currently under threat of severe weather. In total, according to NBC, "more than 90 million people will experience dangerous weather in the form of high winds, flooding rainfall or severe thunderstorms through Wednesday."

Welcome to our climate change-fueled future, where record rains and mudslides are the "welcome" relief to seemingly endless drought and wildfires on the West Coast. And as other regions of the country, still recovering from summer hurricanes, are now staring the barrel of still more climate-related threats. Its going to get much worse from here, according to a new study published on Monday by the World Meteorological Organization. The report finds that greenhouse gas emissions, responsible for our quickly worsening climate crisis, hit a new record high last year and increased at a faster rate than the last decade's average, even amid temporary decreases during pandemic lockdowns.

That report, and several others warning that things are getting worse, not better, come as the nations of the world plan to meet beginning next week in Glasgow, Scotland for a critical, U.N. sponsored climate conference to figure out how to decrease emissions and stave off the worst of what is coming --- and what is already here.

But while some are trying to save the world, others are simply trying to save their own town by pushing back against the fossil fuel industry that caused this mess by lying, for decades, about the dangers of burning their products, while spending millions to lie about the reality of global warming.

On today's program we're joined by Imperial Beach, California MAYOR SERGE DEDINA, who has sued [PDF] ExxonMobil, Chevron, BP and 30 other fossil fuel companies to demand they cover the costs of saving his small, poor Southern California coastal town from the ravages of rising sea levels. According to The Guardian, "Imperial Beach commissioned an analysis of its vulnerability to rising sea levels which concluded that nearly 700 homes and businesses were threatened at a cost of more than $100m. It said that flooding will hit about 40% of the city’s roads, including some that will be under water for long periods. Two elementary schools will have to be moved. The city’s beach, regarded as one of the best sites for surfing on the California coast, is being eroded by about a foot a year."

Dedina has since been attacked by Exxon's attorneys and accused of "collusion" with other towns, some of whom, like Santa Cruz, have also sued the oil giant for fraud. The attorneys even demanded documents from Dedina's cell phone and computers which, apparently, turned up little more than videos of his son surfing.

"I think they're throwing lots of things at the wall to see if they stick," Dedina tells me. "The only thing I have in common with Santa Cruz is that I like to surf, and they have good waves there."

His small majority minority town, bordering Tijuana, has an annual budget of $20 million. That's just $5 million more than the ExxonMobil CEO was personally paid by the company last year alone. Now Dedina wants Exxon and the others to pay up for their dangerous and fraudulent lies about the climate, which are now costing the small coastal town much more than they can possibly afford to save it.

"They're grasping at straws," says the Mayor, in response to the harassment from the oil companies. "They spent millions of dollars on lawyer fees to take on a city that has nothing. Literally nothing. We have nothing to give. We've given it all already. We're just trying to have a decent life for our residents, who have little as well. God, what a waste of money and time."

But Dedina, a lifelong resident, award-winning environmentalist as well as co-founder and Executive Director of WILDCOAST, a non-profit ocean conservation organization, says he has no interest in backing down.

"We're still going to hold them accountable," he explains today. "We're not going to be intimidated. They can't do anything to us that the ocean hasn't already done."

"You grow up in our city, you have nothing. You learn how to be a scrappy fighter and stand up for what you believe in. You fight for what our city needs.  That's why I'm mayor, and why I was elected mayor. We're going to keep fighting these companies. They took on the wrong guy," warns Dedina.

Next, we catch up with the weekend "sausage making", as President Biden and Congressional Democrats continue to try and find accommodation for corrupt, obstructionist Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), in hopes of passing the critical healthcare, education, child care, family leave and climate change legislation known as the Build Back Better Act. The weekend's accommodations including more scaling back of the bill and its wildly popular provisions, which are otherwise favored by largely the entire Democratic Congressional caucus and the White House. That, after Manchin already forced the removal last week of the measure's key provision meant to fight the ravages of climate change.

Still, as Desi Doyen reports today, there are enough provisions left --- at least as of now --- that, along with cooperation from states, individuals and private companies, it may still be feasible for the U.S. to meet President Biden's pledge to cut U.S. emissions by 50% overall by 2030, and to reach net zero emissions by 2050. But it ain't gonna be easy. And, even if successful, it may not be nearly enough.

Finally, callers ring in on all of the above, calling out who they blame for all of the various fine messes the nation, and the world, now find itself in.

Oh...and one more thing! As mentioned during the show, I'm going to appear for a Q&A tomorrow (Tuesday) after the 7pm ET/4p PT free virtual screening of the award-winning 2006 documentary Murder, Spies and Voting Lies: The Clint Curtis Story. The screening is part of a new weekly series by SmartElection.us (where you can register for the Zoom event) and, of course, the film is based on my exclusive reporting of the stunning --- and, at times, terrifying --- story of a computer software programmer who testified in 2004 that he was asked by a sitting Republican congressman to create vote rigging software for touchscreen voting systems. Hope you can stop by and say hello!

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We covered a whole bunch of stories on today's BradCast. You'll have to tune in to find out what I have to say about most of them. Suffice to say there was a lot of both good news and bad. Often at the same time. [Audio link to full show is posted at end of this summary.]

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

• The full U.S. House voted to recommend criminal contempt charges to the DoJ for Steve Bannon's refusal to answer his subpoena for documents and testimony from the House Select Committee investigating Trump's January 6th insurrection.

• Texas' wingnut Lt. Governor Dan Patrick, who offered $1,000,000 for evidence of voter fraud after the 2020 election, is forced to pay out $25,000 to a progressive Democrat who caught a Republican voting twice in Pennsylvania.

• California certifies the results from last month's GOP Gubernatorial recall election, with the state's Democratic Gov. Gavin Newsom winning by the exact same percentages --- to the decimal --- that he won his first term back in 2018. Money well spent, Repubs! And thanks for wasting $300 million taxpayer dollars.

• Five veteran advisors to Arizona's Democratic Sen. Kyrsten Sinema have had enough. They quit her advisory board for service members with a blistering letter citing her obstruction of democracy and the Biden agenda. The progressive veterans group Common Defense has now turned the letter into a TV ad with a seven figure buy to condemn the obstructionist Dem.

• MoJo's David Corn reports that West Virginia's obstructionist Democratic Sen. Joe Manchin has a plan to quit the Democratic Party altogether. Manchin disputes the report. Corn stands by it. Either way, it should serve as a reminder of how fraught things are in the Senate right now, how narrow the Democratic majority is, and how the Senate could see Mitch McConnell and the GOP back in control, literally, at any moment. That, of course, would immediately end any hope of passing any part of the Biden, Democratic and/or progressive agenda. Perhaps there's good reason that President Biden isn't calling out Manchin by name for failing to reform the filibuster as many progressive voting rights activists have been demanding?

• The GOP's ongoing assault on American democracy continues apace, as they plan to gerrymander their way into the House majority in 2022, and then use that control --- along with new election subversion laws in states they control --- to try and steal the 2024 Presidential election in a way they weren't prepared to do in 2020. All of which should serve as a reminder to every democracy loving American that it's time to step up --- even if it means reconsidering long-held, rock-solid beliefs. For example, that extreme partisan gerrymandering is wrong. It is. But is it wrong if it's needed to actually save American democracy? In Texas, new Republican-adopted Congressional (and state legislative) maps steal seats from minorities, despite the fact that the state's population growth --- and two new U.S. House seats to go with it --- is due almost entirely to minorities. Happily, states like Illinois are not taking the matter (entirely, anyway) lying down.

• Finally, Desi Doyen is here with our latest Green News Report and, as usual, we'll take her good news with the bad...or vice versa...

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