The war began decades ago, back when even Republicans favored a clean environment. But we are still nowhere near the final battle between climate champions and the fossil fuel industry profiteers who have now fully captured the GOP and the Trump Administration. We are joined on today's BradCast by a longtime warrior in this fight, who is surprisingly optimistic today, despite what would seem to be very grim news this week from the fossil fools in the Trump Administration. [Audio link to full show follows this summary.]

Before we get to the terrible, horrible, no good, very bad climate news, a few other quick items, including the worldwide tsunami fallout following last night's giant, 8.8 magnitude earthquake off Russia's east coast and Kamala Harris' announcement today that she does not intend to run for Governor in California next year.

Then, it's on to the huge announcement from the Trump Administration's corrupted, anti-environment Environmental Protection Agency this week that it is proposing to overturn the Obama EPA's 2009 "endangerment finding" which concluded that carbon dioxide, methane, and other greenhouse gasses are indeed planet warming pollutants that represent a danger to the health and welfare of the public. It is that finding --- essentially ordered by a U.S. Supreme Court ruling back in 2007 --- that provides authority to the EPA to use the Clean Air Act to regulate the production of climate warming gasses. The finding serves as the legal underpinning for most, if not all, of the climate change regulations that have been enacted ever since.

This week, however, EPA Administrator Lee Zeldin and former fracking CEO turned Trump Energy Secretary Chris Wright, announced that a new report from five cherry-picked climate science deniers, has given them legal authority to begin the process of overturning the 2009 "endangerment finding" and with it, kill all of the climate regulations --- to power plants, the auto industry, etc. --- that followed it.

It's obviously big and alarming news, even if it was promised in the Project 2025 manifesto that Trump pretended to disown during the campaign. But, as our guest details today, the EPA proposal is also alarmingly flawed in many ways that he believes makes it unlikely to stand up to legal scrutiny, even if this matter reaches this particularly corrupted Supreme Court.

We're honored to be joined on today's program DAVID DONIGER, Senior Attorney and Strategist for Climate & Energy at the non-profit Natural Resources Defense Council. Doniger first joined the NRDC in 1978; went on to have a hand in formulating the Montreal Protocol, which successfully stopped the depletion of the earth's ozone layer; served on President Clinton's White House Council on Environmental Quality; held key posts at the EPA, and is now back at the NRDC, still fighting the good and very long fight.

In AP's coverage of the EPA announcement this week, Doniger is cited as describing Zeldin's move as an attempted "kill shot" that, if successful, would then allow the Administration to invalidate all climate regulations. “They’re trying to completely defang the Clean Air Act by saying, ‘Well, this stuff [CO2, methane, etc.] is just not dangerous,'" Doniger told the Washington Post. "That claim is just mind-bogglingly contrary to the evidence."

Today, he explains the importance of the Obama endangerment finding to climate law and the Administration's legal justifications for UNfinding that finding. "Basically, they have thrown a lot of spaghetti at the wall, and they want to see if any of it sticks," he tells me. "Much of the spaghetti is all tangled up around itself. So it's going to take some work to show all the different ways in which this is just plainly wrong and illegal. But we will do that in the coming months, and take them to court if they persist."

We discuss the "mountain" of well-documented scientific evidence that counters the EPA's cherry-picked report from "five known, fringe climate deniers" and how Doniger believes "the record is going to be set straight, and these fringe people --- and how fringe their views are --- will be clear" as they do battle "in an echo chamber with themselves and try to construct an alternative reality."

Their goal, he argues, is that "if they can somehow turn reality upside-down and conclude that it's not dangerous, then they think they will knock the legs out from all of these regulations."

Doniger, who also discusses who is behind all of this and how much the transportation and power sectors in the U.S. are polluting the globe with climate warming emissions, doesn't believe the effort to "permanently damage the Clean Air Act as a law to deal with climate change," is going to work, "even in this Supreme Court."

He tells me that there have been a series of additional SCOTUS rulings since the 2007 opinion that required the EPA to act on climate change via the Clean Air Act following an endangerment finding. Moreover, he notes, the 2022 Inflation Reduction Act actually wrote into law that greenhouse gasses are pollutants that must be regulated. Doniger concedes that "you can never be sure with this Court", but cites those "four decisions that go right through 2022 where the present Court issued that last one."

"If they erase the endangerment finding, we will bring a lawsuit to challenge that. If they erase the vehicle standards, we will challenge that. Same thing with the power plant standards," he vows.

"There are four Supreme Court decisions, as recent as 2022, that follow the conclusion, the holding, of the [2007 Massachusetts v. EPA] case, that Congress gave EPA the authority and responsibility to address any form of dangerous air pollution including greenhouse gases."

"This administration is swinging for the fences," asserts Doniger, "but most of the time, when you swing for the fences, you strike out."

He's been in this fight far longer than I. Hopefully he's got this right and my worries are for naught. We will find out in the months and years ahead, as the long war for a livable planet continues...

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Given the amount of madness now under way, particularly regarding Trump's Epstein problems --- much of that, thankfully, hilarious --- it seemed another good moment on The BradCast to once again send up our Digby/Driftglass Signal! Happily, they answered the call. [Audio link to full show follows this summary.]

With an avalanche of incoming, we've got a lot of ground to cover on today's program. So, our OG blogger pals --- HEATHER DIGBY PARTON Salon and Digby's Hullabaloo, and the pseudonymous 'DRIFTGLASS' of the Professional Left Podcast --- generously join us for the full hour to try and make some sense of it all.

Among the many stories discussed today...

• Donald Trump's hilariously ham-fisted attempts at covering up his long-running role in the life of his former bestie and late pedophile Jeffrey Epstein, are become more transparently ridiculous by the day. Driftglass describes it as "Stupid Watergate," where even the MAGA supporters are finally catching on. What took them so long? "This is a cult that we are dealing with" after all, Digby reminds.

  There is a lot of news wrapped into that one story alone to keep us busy today. But, no, neither Digby nor Driftglass believe Speaker Mike Johnson's gambit to recess the U.S. House early for the rest of Summer to avoid demands for votes to release the "Epstein Files" (which Johnson himself favored just last week) is going to make any of this go away or get better for Trump. Digby explains why. And it may, as the pair seem to concur, be the "load-bearing lie", finally knocked down, that does to the Trump Presidency what Hurricane Katrina did to George W. Bush's.

• One of Trump's latest attempts at distraction from his ever-growing Epstein woes was to declare this week that "Barack Hussein Obama" (and Hillary Clinton) have been caught dead to rights in a "coup" to steal the 2016 Presidential election! The one that Trump won. What is the "irrefutable proof" Trump claims has been newly uncovered by his Director of National Intelligence Tulsi Gabbard revealing that, as Trump charged yesterday, "Obama was sedatious"? (His actual word.) Well, it takes all of us on today's program to even muster a guess at what the hell any of them are talking about. (Even folks on the Right who previously decried "RussiaGate" aren't impressed.) But, sure. Here's the evidence. They finally caught Obama!

  Whatever the supposed crime is "doesn't matter because there's nothing there," explains Driftglass. "There is no conspiracy. It simply exists as a bright shiny object to distract from the fact that Donald Trump is covering up a pedophile business that his dead best friend ran, with Donald Trump's knowledge, consent, and approval. That's it. That's the only reason this is happening. It will be another distraction next week and another one after that if this one doesn't work."

• In somewhat darker news, we also try to make sense of the firing (next year, anyway) of Stephen Colbert by Paramount/CBS on the heels of a $16 million settlement paid by the company to Trump as an obvious attempt to win his FCC's approval for a merger with a company named Skydance.

  "The big overview here is that all these institutions have been caving," laments Digby. "Whether it's Big Law, universities, these big media companies settling with Trump, basically paying bribes to get what they want. "The fact that [Colbert's firing] happened within days of the settlement --- if it wasn't part of the settlement, or if they just decided to throw it in as a little treat for Trump to make him happy --- either way, it's a horrible thing. And it's happening throughout our culture."

  "All we've got are the comedians," she argues, echoing her column today at Salon. "The only people who have what it takes to speak truth to power in our whole damn culture. And that is a pathetic realization."

• All of which brings us to our final topic of discussion today, based on an email I received earlier this week, calling me out for describing Trump as a "wannabe-dictator" instead of a flat-out dictator. His argument, which I share today, was sound, and my guests tended to agree with him. (Trump's "a fascist," asserts Driftglass. "Coming up with an accurate definition of what is happening right now is important, because it gives us a place to stand and start.") But I think I'm gonna be sticking with "wannabe" by and large right now. I explain why on today's lively, funny and sometimes appropriately grim program...

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"The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command," wrote George Orwell in his classic dystopian novel, 1984. It was a lesson that the Republican Party has learned well.

A recent poll pertaining to whose economic approach is preferred by American voters --- Donald Trump's or Kamala Harris's --- suggests that we remain in the midst of an Orwellian moment driven by GOP disinformation and the mainstream media's inability --- or disinterest --- in countering it. But, really, it's not particularly difficult if one tries.

As the business magazine Fortune described in early 2021, Donald Trump left office with "the worst jobs records since Herbert Hoover". Before that, in late 2020, a U.S. House Budget Committee report noted that Trump's mishandling of COVID had been an "epic failure" that "resulted in thousands of avoidable deaths and the most severe economic crisis in a generation...[S]mall businesses across the country [were] closing their doors for good, families [were] facing hunger and eviction, and millions of Americans [were] still having to make the impossible choice between their health and a paycheck."

The Biden administration, largely as the result of legislation passed before the MAGA Cult barely gerrymandered its way to a do-nothing House majority during the 2022 midterm, produced the fastest economic recovery and lowest inflation rate on the globe, as compared to all other advanced nations. Biden's economic record includes the "two strongest years of job growth in history", the creation of nearly 11 million new jobs, including "750,000 new manufacturing jobs", and, at 3.5%, "the lowest unemployment rate in 50 years." Where Trump never fulfilled his oft-repeated promise to create infrastructure projects, the Biden administration finally delivered, by making "infrastructure investments in all 50 States, D.C., territories and throughout Tribal Nations."

As we recently reported, during her swift-moving, upbeat campaign, Vice President Kamala Harris has advanced immensely popular economic policies. Yet, according to a report on a head-scratching 3-day Reuters/Ipsos poll conducted between Aug. 23 and Aug. 25, 2024, "former President Trump's approach to the economy and employment was preferred by 43% of registered voters, as compared to only 40%, who preferred Harris's approach."

The Orwellian misinformation leading to such a polling result can be attributed, in no small part, to an epic mainstream media failure to adequately cover the Biden administration's stellar economic accomplishments. More directly the answer can be found in a recent book authored by Steve Benen, longtime blogger and producer of MSNBC's Rachel Maddow Show, entitled Ministry of Truth: Democracy, Reality, and the Republicans' War on the Recent Past. In it, Benen notes that, for a significant percentage of the electorate, Trump's fictions have simply displaced reality. Many Americans have been duped by a brazen collective and organized effort by Trump, Congressional Republicans and the right-wing media echo chamber to rewrite recent history...

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IN TODAY'S RADIO REPORT: Climate change and climate action woven into the Democratic National Convention; 99% of Americans have been affected by extreme weather just since May; PLUS: Buckle up --- 2024 is second only to 2023 for billion dollar weather disasters so far this year... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Microplastics are infiltrating brain tissue, human organs, studies show; Oil companies and Leonard Leo's dark money are funding push by GOP states to block climate laws; Fracking wells forced on many US landowners, study finds; Trump vows to ax clean power plant rule; In Wisconsin senate race, voters wil pick between two candidates with widely differing climate rules; Focus on heat illness intensifies after death of Baltimore sanitation worker; Ford delays new EV plant, cancels electric three-row SUV as it shifts strategy; Multi-day energy storage from Minnesota to Maine... PLUS: Multi-day energy storage from Minnesota to Maine... and much, MUCH more! ...

I do realize The BradCast has been in occasional danger of late of becoming just giddy enough to, perhaps, become all but unrecognizable to some. Oh, well. Too bad. Those may be folks who are failing to realize they may be living through one of the most extraordinary moments in American political history. Lighten up. There's nothing wrong with appreciating the moment after so many years of darkness. [Audio link to full show follows this summary.]

But to achieve the promise of this moment, there are still a bunch of very difficult weeks and months (not to mention years) ahead. A little-noticed reminder came from the state of Florida last night --- which voted in Congressional primaries on Tuesday along with Alaska and Wyoming --- when a number of county election result websites were failing to work as expected after the close of polls. They were websites run by a contractor named VR Systems, a little-known Tallahassee firm which also runs voter registration systems in several Florida counties and other states. If the name of the company is familiar, it is likely because we would eventually come to learn in 2017, thanks to whistleblower Reality Winner, that the firm was the victim of Russian-based spearphishing attacks in advance of the 2016 election. We still don't know the extent of those 2016 attacks, nor much about what happened to cause problems on Tuesday night with their websites in Florida. But, since nobody else seems to have connected those dots in the media, it seems worth sticking a pin in here for now.

After a few quick thoughts on that today, it's back to the political history underway in Chicago this week...

"Something wonderfully magical is in the air, isn't it?," former First Lady Michelle Obama rhetorically asked the packed, roaring crowd at the United Center on Day 2 of this year's Democratic National Convention. "We're feeling it here in this arena, but its spreading all across this country we love. A familiar feeling that's been buried too deep for far too long. You know what I'm talking about. It's the contagious power of hope," she explained to a packed, raucous arena of Dems, who had just gone through what was absolutely the most electrifying roll-call --- to nominate Kamala Harris and Tim Walz --- in American political convention history.

"The anticipation, the energy, the exhilaration of once again being on the cusp of a brighter day," Michelle continued. "The chance to vanquish the demons of fear, division and hate that have consumed us, and continue pursuing the unfinished promise of this great nation, the dream that our parents and grandparents fought and died and sacrificed for."

"America, hope is making a comeback!," she declared. And the crowd of Democrats reached new heights of ecstasy. And all of that before her husband, former President of the United States, Barack Obama, tried to match her with his own unparalleled oratorical skills.

We've got much, much more for you today on all of the above, as we're joined again by old friends and fellow old school bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of his eponymous blog and his weekly Pro Left Podcast.

I'm not sure I can even try to summarize our conversation today. There is Parton describing how the DNC --- just half-way over this week as of airtime, mind you --- has "far surpassed my expectations ... And having it be this unusually, upbeat, joyful, happy, enthusiastic experience. I didn't expect it. And I have to say I am truly enjoying it, which I don't normally say about political conventions."

Says Driftglass: "The media has a story they want to tell, and that story is Dems In Disarray and protesters and cops in the street. And we are denying them that story. And that's what is freaking them out. Because that is not the fairy-tale they've been telling the public for forty years, which is that both sides are bad, there's no difference between the two parties. Only when there's a breach, a radical opening in that box, can people peek through that media filter and see the actual Democratic Party. ... The base of the party is finally getting heard. And the base of the party is pretty progressive. This weird filter that everything democratic had to flow through, the people who spoke for us in the media, were Maureen Dowd proclaiming, 'What the Democrats need is an open convention.' And the base said, 'Hell no. That is not what we need. Shut up.' It seems like the progressive base, almost as one, has reached out and told them to shut the hell up, the party is actually us!"

And then there is also Desi today: "I think part of what is going on is that hope is a moving thing for the human heart. It's moving to see Democrats articulate these common values that we all hold, no matter what your political party is --- of family, of patriotism, of opportunity, of equality for all. We've all been through a collective trauma over the last nine years. Seeing this kind of hope is like therapy."

Like I said, I can't even begin to summarize it. Perhaps this is why we don't necessarily realize we are going through historic moments until long after. But, tune in to today's show to hear a bunch of battle-hardened political muckrakers watching so much of what we've been advocating for, for so long, unfolding before our very eyes.

Maybe.

But, as Michelle said, there is a contagious power of hope...

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We are still hanging on for dear life here at The BradCast amid the past four weeks of non-stop political upheavals. But, at least this week, we've got some much more encouraging stuff to hang on to. For now. [Audio link to full show is posted below this summary.]

It remains to be seen how fleeing it all is, but over the past several days, I must say, I have never seen Democrats more united and elated as they have been since Kamala Harris ascended to become their presumptive 2024 Presidential nominee. One has to go back to the nomination of Barack Obama in 2008 for anything even close to the kind of giddy excitement and optimism we've seen since Joe Biden decided to drop out and pass the torch to Harris on Sunday. But, even back in 2008, the party was still smarting and somewhat riven over the outcome of a long and bruising primary cycle between Obama and Hilary Clinton (who wrote a very good op-ed about all of this in the Times yesterday, btw.)

The first polls taken solely after Biden's announcement and endorsement on Sunday are now beginning to trickle out, with a new Reuters/Ipsos survey taken on Monday and Tuesday this week finding Harris now up over Donald Trump nationally by 2 points. That may be a small lead, but it's a 4-point swing as compared to Trump's 2-point lead over Biden last week. Moreover, when RFK, Jr. was included in the question to respondents, Harris' lead grew to 4 points over Trump in the first polling from this outfit that has seen the former President actually losing to a Democrat since May of this year.

Furthermore, as one of our guests notes today, in the week following a party's national convention, we traditionally see a bounce for that party of anywhere from 2 to 4 points. In this one poll, at least, there is not only no bounce, but a loss of support for the GOP candidate following last week's Republican National Convention.

Of course, be sure to mind all of the usual caveats about such polls --- only one poll, margin of error, snapshot in time, national versus state numbers, etc. Nonetheless, the numbers would seem to be encouraging news for Dems after many weeks of the opposite.

To that end, we've got a lot to make sense of from the past several remarkable days, and we're joined by two old friends to help us do so. Our steadfast HEATHER DIGBY PARTON of Salon and Hullabaloo is here once again, along with JOHN AMATO, creator of the notorious Crooks & Liars blog, for the first time in a while.

Among our many topics of discussion, debate and tomfoolery today...

• Thoughts on the extraordinary decision by and presidency of Joe Biden, including whether his decision to get out came too late or just at the right time.
• Republicans, Fox "News" and even a number of theoretically legitimate news outlets have been telling us that there is something undemocratic about what has just happened in the Democratic Party. Are they right?
• Thoughts on Harris and her rise to meet this historic moment.
• Thoughts on the ugly, racist, barely concealed dog-whistle attacks against her already emerging from the right.
• The hilarious "fraud" argument now coming from Trump and his campaign on Harris' ascension to the top of the Democratic ticket, and their astonishingly flat-footed response, so far.
• Thoughts on whether we should expect the same protests from the left that had dogged President Biden regarding his position on Israel to similarly affect the Harris Campaign.
• Some advice for those who may be experiencing a bit of PTSD following the last time Democrats nominated a woman to run for President against Trump.
• Veep Stakes on the Right!: Is Trump regretting his selection of J.D. Vance as his Vice-Presidential running mate this week? Is Vance regretting accepting the job? Is it possible he'll soon be tossed from the GOP ticket?
• Veep Stakes on the Left!: Who would our guests like to see Harris select as her own running mate? And who do they expect she will choose?

All of that and much, much more on today's lively round-table BradCast!...

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I've got to post today's BradCast quickly a) before convicted felon Donald Trump speaks at tonight's RNC and b) before more political shoes (and/or earthquakes) drop. So, here's the quick skinny. [Audio link to full show follows this summary.]

Among our coverage today...

• Donald Trump critic-turned-toady J.D. Vance of Ohio, officially accepted the GOP's nomination for Vice President during his remarks at the Republican National Convention on Wednesday night. His speech was long on hillbilly biography but very short (virtually bereft) of the horrifying policies that Vance actually supports. Helpfully today, we correct his oversight with actual facts and policy proposals from the ambitious Yale-educated Senator, including his push for a nationwide abortion ban with no exceptions; ending no-fault divorce; slashing Social Security and Medicare; embracing Project 2025, turning over Ukraine to Russia and much more!

• While leaving out his radical policy positions, Vance also dropped a few big lies about a number of things during Wednesday speech. When it comes to his lies about all-time record, world-leading energy production under Joe Biden, our own Desi Doyen has a few thoughts and a corrective that J.D. and his convicted conman running mate would prefer you didn't listen to.

• Self-proclaimed "Liberal Redneck" comedian Trae Crowder, who hung out with the GOP's new Veep nominee back in the days when Vance regarded Trump as "America's Hitler", also has a few insights on him today.

• What explains the complete lack of pressing by corporate media for any kind of official medical statement on the injury suffered by Donald Trump during last Saturday's assassination attempt?

• The Chief U.S. District Court Judge in Nevada tossed out a suit on Wednesday brought by the Trump Campaign, the RNC and the Nevada GOP seeking to block the counting of potentially tens of thousands of perfectly legal mail ballots in the battleground state, cast and timely post-marked by Election Day, but arriving up to four days after, as allowed by NV state law.

• With President Biden now battling COVID again, top Democrats, including former President Barack Obama, House Speaker Emerita Nancy Pelosi, Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries have all reportedly been pressing the President, in various ways, to reconsider his insistence on staying in the race for reelection. If there is to be a change at the top of the ticket, it is believed likely to come (and would need to come) within days. Perhaps as soon as this weekend.

• In the meantime, President Biden has been continuing to present new, popular policies --- as all Democrats should be joining him in doing at this point. This week, for example, Biden is reportedly planning to issue a long-overdue proposal for SCOTUS reform to include term limits and an enforceable code of ethics for Supreme Court Justices. He will also be proposing a Constitutional amendment to counter the Court's recent corrupt ruling granting criminal immunity to Presidents. Also this week, Biden has called for a national rent control statute that would cap rent increases at 5% annually unless landlords choose to forego federal tax write-offs. These are the sort of things that Dems should be doing right now, rather than squabbling amongst themselves. (Not that anyone asked me.)

• Finally, Desi Doyen joins us for our latest Green News Report, as Toronto is crippled by extreme storms and flooding; the cost of extreme heat is quickly escalating in the U.S.; and as Marathon Oil agrees to pay a record fine for pollution under the Clean Air Act...

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IN 'GREEN NEWS EXTRA' (see links below): A guide to Project 2025, the extreme right-wing agenda for the next Republican administration; Shuttered auto plants will become EV factories thanks to $1.7 billion Biden program; The Pacific Northwest is littered with ‘deadbeat dams’; Wildfire ‘burn scars’ bring repeated flash floods to Ruidoso, New Mexico; Canada’s 2023 wildfires burned nearly 30,000 square miles of forest, spewed heat-trapping gas into the air... PLUS: CA v. FL: Two governors confronting extreme heat take opposite approaches to worker safety rules... and much, MUCH more! ...

With Democrats still wetting themselves over last week's NYT/Siena polling showing Donald Trump beating President Biden a year from now in five of six swing-states, we finally carved out some time on today's BradCast to dig into the matter.

After a few news headlines, it's on to "that polling" that has freaked out so many regarding Biden's odds next year. It has spawned a thousand explanations. But mine, in short, is not unlike Margaret Sullivan's at The Guardian, where she argues that the bottom line is --- whether the polling is accurate or not --- the media are failing to accurately inform the American people. Not about the "horse race", but about Biden's accomplishments in office and the unprecedented dangers of Trump's vow to move the U.S. to become an authoritarian regime if he is allowed back in office.

President Obama's 2012 campaign manager Jim Messina argues today in Politico there is "no need to panic" over the polling numbers, based on his experience presiding over similarly grim numbers for the incumbent Prez back in 2011, when data guru Nate Silver suggested Obama was "toast" a year out from the election (which he ended up winning); New York Times Magazine gave him just a 17% chance of prevailing (apparently he beat those odds); polling by Politico showed Obama tied with Mitt Romney in 10 battleground states (Obama would go on to win 9 of them); and a December 2011 Gallup poll showed Obama losing to Romney across 12 battlegrounds states (he ended up winning 11 of them.)

In short, polling this far out doesn't mean much. But there are still plenty of reasons to be concerned. And plenty of reasons to spend time not on the horse race, but on the FACTS that Americans apparently aren't receiving from their mainstream media outlets. The FACTS of Joe Biden's extraordinary accomplishments in his first term, rivaling LBJ or FDR, and the chilling FACTS of what Donald Trump himself has vowed to do if he is re-elected, rivaling Hitler and Mussolini. (And, no, that is not hyperbole.)

As we discuss today, here is a new poll from Navigator Research revealing how wildly popular Biden's accomplishments are, whether the American people realize he has implemented them or not. And here is a list of 27 "insane things" Trump has promised, in his own words, to do if he wins a second term. And that list was created in September. He has doubled and tripled down on many of them since then.

After discussing much of the above, we open up our phone lines to listeners today, to get their explanations for all of this. Many of whom seem to get it, but a few, sadly, clearly do not. They are still buying the lies being spun by Trump, Republicans and Fox "News", because real news outlets are doing such a lousy job of telling the real story. The actual FACTS.

Reminder to our friends in the corporate mainstream media: Reporting independently verifiable FACTS, no matter how good or bad they may make any particular candidate look, is not a partisan act. It's your Constitutionally mandated and protected job.

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Nope. We're still not done with the 2022 Elections on The BradCast. And that's without even including next Tuesday's U.S. Senate runoff election in Georgia! [Audio link to full show is posted below this summary.]

Before we get to a number of election-related items today...

• Some thoughts on the bill signed on Friday by President Biden to help avert a national rail strike and economic catastrophe along with it. I've seen a lot of misinformation out there from progressives over the past 24 hours or so about the political strategy employed by the White House and Congressional Dems. So I try to clear up a few points today, explain why what happened happened, and how the focus must now turn toward ensuring that Biden includes paid sick days for federally contracted rail workers in an Executive Order.

As to the continuing 2022 midterm elections...

• A teenage election worker, campaigning for Sen. Raphael Warnock (D) in Savannah, Georgia ahead of Tuesday's runoff against Herschel Walker (R), was shot while knocking on doors on Thursday. He was shot through a closed door and is being treated for what is described as "non-life threatening injuries". The Savannah Police Dept. has arrested the alleged shooter and claims that "At this point, there is no indication the shooting was politically motivated." Okay. Just shooting people randomly through front doors then?

• Colorado Sec. of State Jena Griswold has officially ordered a mandatory recount in the 3rd U.S. House District race between incumbent far-right Rep. Lauren Boebert (R) and challenger Adam Frisch (D) because the final margin was smaller than 0.5%. Boebert was certified to have won the race by just 550 votes out of more than 327,000 cast across the 27 counties that comprise the 3rd District which blankets almost all of western CO. This race, according to the nation's election forecasters, wasn't even supposed to have been close. Obviously, it was. Sadly, according to state law, all counties must now re-tally ballots in the recount by the same method used to count them originally. That means that all but one county in the state will tally their hand-marked paper ballots on the same optical-scan computers that tallied them the first time, either correctly or incorrectly. The only way to know for sure, of course, is to hand-count them. San Juan County will be the only one to do so, since that's how they originally tallied their voters' ballots.

• An even closer race will soon be recounted statewide in Arizona, where Democrat Kris Mayes will be certified on Monday by the state as having defeated Trump-backed MAGA Republican Abe Hamadeh in the Attorney General's race by just 510 votes out of more than 2.5 million cast. That's a margin of just two one-hundredths of a percentage point! As in Colorado, Arizona, shamefully, recounts by computer as well.

• A recount is only allowed in Arizona when the margin is less than 0.5%. But if the Republicans on the Cochise County Board of Supervisors had their way, there probably wouldn't be a recount at all in the razor-close AG's race, because Hamadeh would have lost by much more. Also, one U.S. House race would have flipped from a Republican victory to a Democratic victory, and the Dem, not the Republican would have been the winner in the state's school superintendent race. That's because the MAGA Republican dupes on the Cochise Board tried to avoid certifying their county's election results entirely, despite any evidence of fraud or miscount or anything else. Luckily for the County's 46,000 mostly-Republican voters, Democratic Sec. of State and soon-to-be Governor Katie Hobbs sued the county to force them to certify. On Thursday, a state judge ordered them to certify results immediately, preventing the disenfranchisement of tens of thousands of voters (from all parties).

• Cochise had a difficult time finding an attorney willing to represent them in the above-mentioned matter, after the County attorney refused, citing his original advise to the Board that refusing to certify was unlawful. Even the attorney for the buffoonish Cyber Ninjas turned them down! But attorneys thinking twice about taking lousy election cases is probably a good idea. At least a federal judge in Arizona thinks so, and is trying to make that point loud and clear. On Thursday, U.S. District Court Judge John Tuchi sanctioned the attorneys representing failed Gubernatorial candidate Kari Lake and failed Sec. of State candidate Mark Finchem --- Trump-backed MAGA Republicans and election liars both --- for frivolous their frivolous complaints challenging the election systems in Maricopa (Phoenix) and Pima (Tucson) Counties. As Judge Tuchi made clear in his order for sanctions [PDF], it was meant to "penalize specific attorney conduct with the broader goal of deterring similarly baseless filings initiated by anyone, whether an attorney or not" and to "make clear that the Court will not condone litigants ... furthering false narratives that baselessly undermine public trust at a time of increasing disinformation about, and distrust in, the democratic process."

And finally, today...

• Desi Doyen joins us for our latest Green News Report, with good news for water drinkers in Mississippi; bad news for polluting oil and gas drillers in the U.S.; and disturbing news for everyone who lives near the rising seas on our coastlines...

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We're just over one week from the most critical midterm elections in these United States since the Civil War. So, we've got a lot to discuss on today's BradCast. And the phones are finally fixed at KPFK, so we were actually able to hear from callers today as well! [Audio link to full show is posted below this summary.]

Among the stories covered on today's program before listeners ring...

• Why it really matters: A few thoughts on why, exactly, these elections are so critical, in all 50 states, for the future of American democracy itself; why you need to vote in whatever state you live in by Tuesday; and why, depending on how it all goes, this could be the last democratic election in this country. An overstatement? I don't think so in the least. But tune in for much more on all of that and for listner calls from folks who may or may not agree with me.

• If they can do it in Brazil: Great news! The far-right, Donald Trump-supported autocrat Jair Bolsonaro was deposed in a runoff election on Sunday to Brazil's former leftist President, Luiz Inácio Lula da Silva, popularly known as "Lula". The race was closer than polls had predicted, but it was the first time since the nation became democratized in the 1980s that an incumbent President went down to defeat. That is good for workers, that is good for the planet (given Bolsonaro's destruction of the Amazon rainforest), and, as Lula said up winning, good for democracy itself. "This isn’t a victory of mine or the Workers’ Party, nor the parties that supported me in the campaign," said the once and future President. "It's the victory of a democratic movement that formed above political parties, personal interests and ideologies so that democracy came out victorious."

• After all that: New polling out today from New York Times and Siena College finds four key U.S. Senate races are still polling pretty much where they were several weeks ago, despite recent breathless corporate media reports that Dem support was tanking and a "red" wave was forming. Perhaps it is, but that's not what today's new polling suggests. The Democratic Senate candidates in Arizona, Pennsylvania and Georgia all still lead their Republican opponents, if by slim margins, and the race in Nevada is said to be a dead heat. At least, if you believe pre-election polling. (And I wouldn't, if I were you.) It's all likely to be very close. All of it. Everywhere. Please get out and vote, as they did in Brazil...for democracy.

• Another assassination attempt on the Speaker of the House: We were off on Friday, so didn't get to ring in on it, but we've learned more over the weekend about the attacker who, echoing January 6, 2021 insurrectionists, was hunting for Nancy Pelosi as he hoped to use zip ties to restrain her 82-year old husband Paul last Friday morning at their house in San Francisco. The attacker ended up cracking Paul Pelosi's skull with a hammer before he was tackled by police. By way of contrast with the "outrage" expressed for weeks by Republicans at peaceful protests outside the homes of corrupt Supreme Court Justices several months ago, many of those same GOPers made jokes over the weekend about the attack on the Pelosis by a man who appears to have been a supporter of QAnon conspiracies and far-right commentators and who believed Trump's lie that the 2020 Presidential election was stolen from him. The 42-year old assailant has now been charged with both state and federal felonies, including attempted murder; assault with a deadly weapon; assault on the immediate family member of a federal official; and attempted kidnapping of a federal official. Paul Pelosi is said to be recovering after emergency surgery for a fractured skull.

• Calls forward: Finally, we open up the phone lines --- for the first time in a month, now that they're fixed here at the station! --- on all of the above and more with some very lively callers (several of whom, as usual, don't agree with me on every li'l thang...)

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On today's BradCast: It was the grand finale at the end of a U.S. Supreme Court term like no other. Now that its packed with rightwing extremists, the unleashed activists on the GOP's illegitimate 6 to 3 U.S. Supreme Court pretended on Thursday that the text of the written law doesn't say what it actually says, in order to offer a parting gift for the year to the fossil fuel industry --- as the nation and globe burn.

The Clean Air Act, as Justice Elena Kagan wrote [PDF] on behalf of the three dissenters, "directs the EPA to regulate stationary sources of any substance that 'causes, or contributes significantly to, air pollution' and that 'may reasonably be anticipated to endanger public health or welfare.'" She made clear that, as the Court has determined on multiple occasions, the Environmental Protection Agency "serves as the Nation's 'primary regulator of greenhouse gas emissions.'"

But, never mind all of that. On Thursday, writing for the Court's far-right majority in West Virginia v. EPA --- and ignoring its own precedents --- Chief Justice John Roberts pretended none of those mandates existed in the law adopted by Congress in 1963 and amended a number of times over the years. Despite any actual existing Administrative rule to regulate carbon emissions by coal and gas-fired power plants --- Barack Obama's Clean Power Plan was put on hold by the Court years ago, and Donald Trump's scheme to restrict the EPA's power to do so was rejected by lower courts --- SCOTUS took up this coal-industry sponsored law suit and gave them pretty much everything they sought, text of the written law be damned.

As they did when striking down the Administration's vaccine-or-test mandate, the Court once again invoked their newly invented "Major Questions" doctrine in order to declare that any issue that may be controversial in any way may not be decided by the scientists and experts at the federal agencies created to handle such things. Instead, they must be specifically directed, by Congress, to do so. Because the Clean Air Act, which tasks the EPA with regulating dangerous pollutants --- such as carbon released by coal-fired power plants, currently exacerbating our deadly climate crisis --- doesn't actually cite "carbon" specifically, the Trump/McConnell/Roberts Court has now declared the federal agency may take no action to help reduce it. Never mind their own previous findings and, of course, the number of Americans who will die because of this ruling.

The opinion was as predictable as it is corrupt. We're joined today by the great MARK JOSEPH STERN, legal journalist and Constitutional law expert at Slate, to discuss the opinion that will not only limit the EPA from doing the job it has already been tasked with by Congress, but prevent many other federal agencies from carrying out their mandates as well. It's all part of the corporate rightwing's long "war on the Administrative State". And it's a war they are now winning --- and we are all losing.

"Massachusetts v. EPA held that the federal government must --- not can, but must --- regulate and limit carbon emissions in the United States because carbon is a pollutant under the Clean Air Act, and thus the EPA has a legal obligation to institute guidelines that reduce the level of greenhouse gases the US is emitting," Stern emphasizes, noting that today's opinion in West Virginia v. EPA "involves a regulation that does not exist."

Nonetheless, "the Supreme Court decided to take it up just to stop Joe Biden from trying" to regulate the greenhouse emissions now warming our planet at an alarming rate. "The Supreme Court," Stern adds, "decided to simply slap limitations on [the Clean Air Act] that do not exist in the text because they do not like it as a matter of policy."

As to the so-called "Major Questions" doctrine, argues Stern, "It's hard to define, because it is made up." It's not in the Constitution and, as far as he can tell, "it comes from Brett Kavanaugh's brain. This was his idea when he was on the lower court, to try to smuggle in a kind of anti-regulatory agenda into what looks like statutory interpretation."

"The basic idea is that if an agency tries to take some kind of very consequential action, that has a serious and vast impact on the people, or the economy, or private industry, then that is a 'major question', and the Congress has to give the Agency an extremely granular and explicit permission slip to do what it wants to do, otherwise the courts will block it. The problem with this test that should be clear, is that it is totally subjective. What looks like a major question to you may look like a frivolous question to me, and it really shifts policy-making over to unelected judges from experts in federal agencies."

Of course, this is just one of the many reasons I don't refer to these people as "conservatives". They don't merely interpret the law and the Constitution, as they claim. They make shit up to justify their politics. They are the "activists legislating from the bench" that Republicans pretend to oppose --- when they are trying to block Democratic appointees from positions on the bench.

There is much more today from the wise and colorful Mr. Stern, on this matter; on a separate (largely good news) ruling from the Court today on immigration policy; on the Court's opinion last week that begins to gut the famous Miranda Rights (the right to remain silent, to an attorney, etc.) for people who are detained by law enforcement (a "sleeper case" overlooked because it came on the same day that the Court overturned Roe v. Wade); on what will or can happen once the illegitimacy of this Court becomes clear to all; and on Justice Stephen Breyer's last day on the Court today before Justice Ketanji Brown Jackson was sworn in as its first-ever black female jurist.

As if that's not enough, a ruling this week by SCOTUS overturned a lower federal court that found Louisiana's newly gerrymandered Congressional District map to be an unconstitutional violation of the Voting Rights Act. The lower court ordered another black majority District to be created, as state Republicans had only one among six, in a state where one-third of population is black. The ruling was similar to another in Alabama, which SCOTUS also struck down recently, ordering both states to use the gerrymandered and unconstitutional House maps drawn by Republicans for this year's critical 2022 midterm elections.

Does this signal the Court intends to overturn the entirety of the landmark Voting Rights Act, as they did with Roe? "Yes," Stern answers, before explaining how "really, they've already done it."

And then there's the new case that SCOTUS announced today they will take up in their next term, as their destruction continues. It's an election case out of North Carolina to allow the Court to create another pretend legal notion that the Right calls the "Independent State Legislature" Doctrine.

"I am terrified about this case," Stern says, as it will almost certainly be decided to allow "state legislatures to appoint electors in the Electoral College to the losing candidate in a Presidential race. Which is exactly what Donald Trump wanted them to do in 2020, and what Ginni Thomas was urging legislators to do while her husband was trying to institute this theory."

"The American people are in deep, deep, DEEP trouble," he warns.

Please "enjoy" today's program!...

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It's been another rough week in these United States and, in turn, on The BradCast. The War in Ukraine, the corrupted Supreme Court stealing freedoms from Americans, the stock market roller coaster, COVID deaths topping 1 million and beginning to rise again, along with the nation's expanding far-right authoritarian movement. But there has been at least one bright spot of late, which we're happy to spend some time covering today. [Audio link to full show is posted at the end of this summary.]

First, however, following Justice Samuel Alito's leaked draft majority opinion [PDF] that would end the Constitutional freedom for a woman's right to an abortion, subsequently mandating forced pregnancies, even due to rape and incest, in many states, the Obamas, Barack and Michelle, released an eloquent and important statement this week.

They focus on Roe v. Wade's recognition "that the freedom enshrined in the Fourteenth Amendment of the Constitution requires all of us to enjoy a sphere of our lives that isn't subject to meddling from the state --- a sphere that includes personal decisions involving who we sleep with, who we marry, whether or not to use contraception, and whether or not to bear children." If Roe is overturned, they explain, all of those so-called "unenumerated" Constitutional rights, established by the courts through decades of precedent, will all now be vulnerable to dismantling by the GOP's packed and stolen SCOTUS. They would soon be left to Big Government whims of the far Right.

Their statement also urges that it is important not to "feel helpless" in light of all of this or feel "there's nothing any of us can do." They note, as we often do, that "elections have consequence" and, "in the end, if we want judges who will protect all, not just some, of our rights, then we've got to elect officials committed to doing the same."

NEXT, we turn to a bit of brighter news amid so much darkness, about American working men and women finally standing up for themselves to organize at companies both big and small. There has been awe inspiring activity across the country in recent weeks and months to establish labor unions for collective bargaining by workers at huge, anti-union companies like Amazon and Starbucks and others.

We're joined to discuss this hopeful surge in working class Americans --- from the Right and the Left --- standing up for their labor rights by JORDAN ZAKARIN, publisher of the Progress Report newsletter and contributor to More Perfect Union. His great newsletter (worth subscribing to!) focuses on all things progressive, including "fact-based advocacy, and the voices of people organizing on the ground." This week, as we discuss today, he rounded up many of the encouraging union activities happening around the country in a piece headlined "A May Day of Momentum."

Among the points discussed, how Amazon, "known as an unbelievably abusive employer" has spent millions to defeat union drives, deploying their "union-busting handbook". Nonetheless, there was a recent historic victory by the underdog crowd-funded Amazon Labor Union last month that established the company's first union facility in the U.S. in Staten Island, New York.

Then there's Starbucks, where more than 50 shops have become unionized in recent weeks. There are several thousand more to go. But, Zakarin reports today, "it's much easier for them to do small, tight knit units of people that stick together" with unionization elections at each shop, rather than entire regions at once, as Starbucks CEO Howard Schultz would prefer.

We discuss recent successes at Kellogg's in Michigan, where their VP of Labor Relations was caught on tape describing union negotiators as "terrorists", and at Delta, the only major non-unionized airline, where, until workers there began to organize for a union vote, flight attendants were only paid for time in the air, not for the hours spent boarding and deplaning passengers!

"We're constantly finding that conditions are even worse than we expect," at such companies, says Zakarin. But "people are starting to stand up and walk out" in protest of lousy wages and horrible working conditions at many of these companies. "The more that people start to organize, the more it galvanizes others," he explains. "It really is a spark that catches. It's been really inspiring to see."

Zakarin also offers his insight on hearings held today in the U.S. Senate's Budget Committee, chaired by Sen. Bernie Sanders (I-VT), focused on withholding federal contracts from non-union companies; why this surge in union activity is now occurring; and whether or not he agrees with some who say that Joe Biden is the most pro-union President since FDR.

FINALLY today, news that oil giant Shell enjoyed their most profitable quarter in history, bringing in more than $9 billion dollars in pure profit while their post-pandemic and war-time profiteering pays off for them at the pump. Shell --- like ExxonMobil, BP, Chevron (which is also fighting its union workers) and all of the other oil majors --- continues to raise prices on consumers while pretending that it's Russia's war in Ukraine that is forcing them to bilk customers with higher and higher prices.

And, oh yeah, we finish up today with a bit of listener mail...

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We've got a lot of news to cover on today's BradCast, breaking and otherwise. Not all of it is terrible. So there's that! [Audio link to full show follows this summary.]

Among today's stories...

• First up, a story that broke late last week which we need to note here for the record. The 17-year old son of Glenn Youngkin, Virginia's presumptive Governor-elect, tried to vote illegally last week. Twice. At a precinct where his family isn't even registered to vote --- even though he's too young to vote at all, but "insisted" on being allowed to do so. His father pretended to run on an "election integrity" platform during the primary, but his campaign is now criticizing the media for reporting on the story at all. Meanwhile, Virginia election officials suggest Youngkin's son broke no laws --- which seems impossible to fathom once you hear the details. Of course, it's made all the more maddening by knowing what generally happens to those who happen to be black or brown while unknowingly voting or registering unlawfully --- versus what happens to the white son of an incoming Republican Governor. Just ask Crystal Mason in Texas for one.

• On Tuesday, a U.S. District Court judge overseeing Donald Trump's federal lawsuit attempting to prevent the National Archives from releasing January 6th-related records from his White House, denied his latest motion. The records were been subpoenaed by the U.S. House Select Committee investigating the Trump-incited attack on the U.S. Capitol and will be turned over to the Committee on Friday unless the judge, or a higher court, rules otherwise before then. We explain.

• The same Committee, led by its Chair Rep. Bennie Thompson (D-MS) and Vice Chair Rep. Liz Cheney (R-WY), have been very busy so far this week. On Monday, they subpoenaed six top Trump Campaign officials, including disgraced former National Security Advisor Lt. Gen. Michael Flynn and far-right attorney John Eastman. And on Tuesday they issued 10 more subpoenas, this time to officials who worked for Trump or the Justice Department, including his senior adviser Stephen Miller and Press Secretary Kayleigh McEnany. While its unclear if the Committee will end up subpoenaing Trump himself, they have expressly not ruled it out and sure do seem to be working their way quickly up the food. Of course, until we learn if Attorney General Merrick Garland and the DoJ intend to bring criminal Contempt of Congress charges against Steve Bannon --- in response to the referral sent to them by the U.S. House --- for refusing to testify and turn over subpoenaed documents in the same investigation, none of these subpoenas will have much teeth. If Bannon is indicted, on the other hand, it will be game on for everyone. We continue to wait and watch...

• In COVID news, a North Dakota lawmaker who organized a rally on Monday to oppose vaccine mandates wasn't able to make it. He has COVID. But he's also certain that Ivermectin, the horse deworming anti-parasitic he is taking, will cure him. Public health experts do not concur.

• That NC lawmaker is hardly alone in falling for the vast, criminal, disinformation industry surrounding the coronavirus. A new study from the Kaiser Family Foundation finds nearly 80% of Americans either believe or are unsure whether to believe one or more complete falsehoods surround the pandemic, including evidence-free claims that the government is exaggerating the number of COVID deaths; that the government is hiding deaths caused by the vaccines; that the vaccines can give you COVID; that they contain microchips; or can change your DNA. The survey also found that those who trusted rightwing outlets like Fox "News", OAN and Newsmax were FAR more likely to be suckered by those lies.

• All of which helps explain the news that the gap between COVID infections and deaths in "red" states versus "blue" states continues to widen with each passing month. Last month, 25 out of every 100,000 residents in heavy Trump counties died from COVID, versus just 7.8 residents in counties that voted heavily for Joe Biden. It was the fifth straight month that the gap in death rates between Trump and Biden counties has widened. That gap continues to grow this month as well, with new deaths now running 5.8 times higher per capita in the the heaviest "red" counties versus the heaviest "blue" counties.

• We've reported many tragic stories over the past year about those who've refused, for various reasons, to get vaccinated, only to come to regret their choice after becoming hospitalized with a severe case of COVID. Many went on to die. Today, we have a variation on that story...with a sobering, but happier ending.

• Finally, Desi Doyen joins us for another very busy Green News Report, following the passage last week of the $1.2 billion bipartisan infrastructure bill in Congress, including a number of key climate provisions, and as the critical U.N. climate summit known as COP 26 continues this week in Glasgow, Scotland...

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IN TODAY'S RADIO REPORT: Bipartisan infrastructure bill passes Congress with key climate investments; Hopeful-ish news from U.N. climate summit in Glasgow; PLUS: At COP26 summit, Obama pushes world governments to do more, and move faster... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Are carbon markets the new gaming for Native American tribes?; John Oliver explains The Power Grid; No, electric cars not more likely to get stuck in traffic jams; EPA finally takes action on lead contamination in Benton Harbor, MI; Criminal groups profit from trafficking of plastic waste, report finds; White House awaits Enbridge pipeline review before decision; Guyana, a poor country, was a green champion. then Exxon discovered oil... PLUS: Harnessing the energy of the ocean to power homes, planes and whisky distilleries... and much, MUCH more! ...