I don't know if they're gonna lose or not. But, as we report on today's busy BradCast, the disgraced former President and his Republican party this week sure do have the stench of losers on them. [Audio link to full show follows below this summary.]

Among our many stories covered today...

• Breaking just before air time: Turns out North Carolina's Trump-endorsed freak show Republican Lt. Gov and gubernatorial candidate Mark Robinson is even more of a freak show than previously known. And, by his own words on a porn site he frequented for many years, a "black NAZI!". Good luck this November in NC, Republicans!

• Stock market hits record highs today after the Fed lowered interest rates Wednesday more than expected, signaling post-pandemic inflation is back under control. Donald Trump's failing media company, however, which trades as DJT, hits record lows today and still appears to be on track to become a penny stock by November 5.

• The already terrible situation in the Middle East gets worse, as Israeli Prime Minister Benjamin Netanyahu finds news ways to keep the war(s) going to keep himself out of prison.

• House Republicans and Donald Trump stay on track to cause another government shutdown at the end of this month, just before the election, after House Speaker Mike Johnson's dead-on-arrival scheme, on behalf of Trump, to demand a new law to prevent already-unlawful non-citizen voting fails to get the support needed for passage from Republicans.

• J.D. Vance continues Trump's lies about "illegal" migrants taking over Springfield, Ohio. They're not "illegal". Trump, as President, gave them legal protected status. Vance says he gonna call them "illegal" anyway, as the Republican Mayor of the now-terrorized town begs them to knock it off, asking for "help not hate".

• New polling continues to look good for Kamala Harris in swing states. But the Democrats "Blue Wall" strategy of winning the White House by winning Wisconsin, Michigan and Pennsylvania --- along with all of the other traditionally "blue" states --- could hit a snag if Team Trump's newly reignited scheme, reportedly now being led up by Sen. Lindsey Graham (R-Pathetic) is successful. This week Graham was in Nebraska meeting with the state's Republican Governor and members of the legislature, encouraging them to call a special legislative session to change the way the state divvies up Electoral College votes.

  Currently, NE is one of just two states, along with Maine, that apportions Electoral College votes by U.S. House District. That means Harris is likely to win one of the state's votes, in the Omaha district, in the otherwise very "red" state. But Team Trump wants the state to change the law to move to a winner-take-all system just weeks before the election (and just 10 days before vote-by-mail voting begins!) in hopes of a scenario where, even if the Democrats' three-state Blue Wall strategy is successful, the Electoral College end in a 269-269 tie with NE's 2nd Congressional District vote given to Trump instead of Harris. That would send the decision of who will become the next President to the U.S. House, where the vote would be by state delegation, where Republicans are likely to hold a controlling majority even if Democrats win the House back in November.

  If this insane-but-theoretically-plausible scenario proceeds as Team Trump desperately hopes, however, Democrats may still have an ace in the hole...in Maine.

• A government watchdog group gets a hold of to emails among Georgia election denialists serving as county election officials, detailing their conversations about plans to block certification of 2024 election results in the Peach State if it looks like Donald Trump is going to lose it again.

• Texas' wildly corrupt Republican Attorney General Ken Paxton is suing county election officials in state court to prevent them from sending voter registration forms to eligible but unregistered voters in several different Democratic-leaning Counties. The Counties are now, in turn, suing Paxton in federal court, charging his efforts amount to voter suppression in violation of longstanding federal laws.

• While the Lone Star State is busy suing its own election officials for daring to register voters, here in California, state lawmakers have passed a law, SB 299, to make the state's current automatic voter registration system even more automatic, potentially enabling the ability to vote for an additional 4.7 million eligible but currently unregistered voters. Politics Girl does the heavy lifting for us today. You can get more details from the grassroots coalition of more than 140 groups supporting the measure right here.

• Finally, at the end of a busy show, Desi Doyen joins us form our latest busy Green News Report, as the climate crisis rapidly worsens around the globe, despite new U.N. warnings; North Carolina estimates damage from a brutal, sudden tropical storm this week will top $7 billion; and as a new study finds Joe Biden's air pollution policies will save some 200,000 lives in the U.S...

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IN TODAY'S RADIO REPORT: Extreme heat intensifies across Eastern U.S. as Tropical Storm Alberto kicks off hurricane season; Deadly wildfires force evacuations in New Mexico; Delhi, India and Saudi Arabia hit astonishing record temperatures; PLUS: U.S. schools grapple with the impacts of extreme heat... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Summer of extreme heat could worsen FEMA disaster funding shortfall; UN food chief: Poorest areas have zero harvests left; Billion-dollar weather disasters are soaring again this year. Here’s why; Miami is entering a state of unreality; Dr. Michael Mann on heatwaves: 'No economy on a dead planet'; The delusion of advanced plastic recycling using pyrolysis... PLUS: US acknowledges Northwest dams have devastated the region’s Native tribes... and much, MUCH more! ...

Apparently, the Colorado Republican Party does not dispute that Donald J. Trump "engaged in" an insurrection on January 6, 2021.

That's interesting. Perhaps astounding. Or perhaps they just don't want the U.S. Supreme Court to officially agree as much.

In asking SCOTUS to overturn the Colorado Supreme Court decision, in Anderson v. Griswold --- which directed the CO Secretary of State not to place the name, Donald J. Trump, on the Colorado Republican Presidential Primary Ballot --- the CO GOP, in its Petition for Writ of Certiorari, failed to contest the factual findings, initially made by a trial court and later upheld by the CO Supremes, that what took place on January 6, 2021 was an "insurrection" and that former President Donald J. Trump "engaged" in that insurrection.

(Those currently uncontested findings also provided the basis for the administrative law ruling [PDF] issued by Maine Secretary of State Shenna Bellows on Thursday, determining that the name Donald J. Trump may not appear on Maine's Republican Presidential Primary ballot.)

Instead, the CO GOP confined its legal arguments to (1) whether a "President falls within the list of officials subject to disqualification under §3 of the 14th Amendment", (2) whether §3 is "self-executing", and (3) whether a court-ordered disqualification violates the Party's First Amendment right of association.

As observed by Harvard's constitutional scholar, Lawrence Tribe, the claim that a President is not an "officer" subject to §3 disqualification is "as baseless textually as it is off base intuitively."

The 1st Amendment right of association argument is also remarkably weak.

The U.S. Constitution mandates anyone running for President must be at least 35-years old at the time they enter office. If a refusal to place the name of a 25-year old on a Presidential primary ballot doesn't violate 1st Amendment associational rights, then surely the refusal to place the name of someone disqualified by reason of §3 of the 14th Amendment doesn't violate the 1st Amendment either.

Nonetheless, despite weak arguments, absent a swift SCOTUS denial of cert, it's likely the name Donald J. Trump will appear on the CO Republican Primary ballot...

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IN TODAY'S RADIO REPORT: Australia signs historic climate refuge treaty with Pacific Island nation Tuvalu; GOP's third 2024 primary debate --- in Miami --- ignores climate change; Last 12 months were the hottest in recorded human history; Some big policy changes after the 2023 elections; PLUS: Manchin to exit the Senate... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): What to know about today’s three big climate reports; Over 60 countries back deal to triple renewable energy this decade; How much trees fight climate change? Massively, but not alone; Microplastics problem just got worse; Oil firms attending climate talks have minimal green energy transition plans; 20 farming families use more water from the Colorado River than some Western states; Deforestation in Brazil's Amazon falls to lowest since 2018... PLUS: Desperate for water, desert city hopes to build pipeline to CA Aqueduct... and much, MUCH more! ...

I promise, things get brighter after the first segment of today's BradCast. [Audio link to full show follows below this summary.]

Among our stories, first grim, and then much less so, today...

• We begin with the horrible news out of Lewiston, Maine, following Wednesday night's mass shootings that have, so far, resulted in 18 dead and another 13 wounded, with several still in critical condition. The state was largely shut down as of airtime, with a broad, statewide manhunt underway for the suspect who is alleged to have had serious mental health issues...but was still able to obtain a deadly, high-powered, military-style assault rifle for his rampage somehow, because...freedom!

• Similarly grim news out of Acapulco, where a climate change-fueled Hurricane Otis experienced explosive intensification off the Pacific Coast this week, as it spun up from Tropical Storm to a catastrophic Category 5 in just twelve hours time. As of airtime, 27 were confirmed dead in Mexico, with searches underway for more missing as authorities struggle to clear major roads of knee-deep mud and restore power to the battered resort city and nearby villages.

• All of that, amid what is likely to be the hottest year ever recorded, as Republicans in the U.S. House just elected a long-time climate science denier from the oil and gas state of Louisiana to be House Speaker. Rep. Mike Johnson received more money last year from the fossil fuel industry than any other. Since 2018, the far-right religious zealot has received some $240,000 from the industry. Some of it, as it turns out, came --- unlawfully --- from Russian oligarchs, according to FEC investigators last year.

• IN BRIGHTER NEWS...A federal judge in Georgia has ordered the state's legislature to reconvene to redraw its Congressional and state legislative maps before 2024, after being found in violation of the Voting Rights Act. The state must now add new Black-majority voting districts to all three of its maps. The judge's 516-page(!) ruling [PDF] issued today, finds the Republican-controlled legislature drew new maps following the 2020 Census which completely ignored the fact that ALL of the state's population growth since 2010 has been among the non-white population. U.S. District Judge Steven Jones has ordered one new Black-majority Congressional district, two new districts in the state Senate, and five for the state House by December 8, or he would have the maps drawn himself.

• More good news for U.S. Constitution lovers, this time in Colorado, where a state judge ruled on Wednesday that Section 3 of the 14th Amendment, the "Insurrectionist Disqualification Clause", is self-executing. In other words, public officials who have "engaged in insurrection" are simply disqualified from running for public office, even without a federal law detailing precise enforcement of the provision. Donald Trump, whose qualifications for the 2024 Presidential ballot have been challenged in a state lawsuit, argued to the contrary. But he lost. Next week, a hearing will be held to determine if the former President "engaged in insurrection", as per the Constitutional Amendment. Similar challenges to Trump's eligibility for office are also pending in Michigan and Minnesota.

• And good news for striking autoworkers, as the United Auto Workers union announced on Wednesday night that they reached a tentative agreement with Ford. The new four-year contract, if approved by workers, will boost base pay by at least 25%, increase starting hourly wages to $28/hour and includes a myriad of other benefits sought by the labor union. It is hoped that the agreement will also pressure management for a similar contract at the other two "Big Three" automakers, G.M. and Stellantis, where the UAW also began its walk-outs about six weeks ago. Chalk up yet another in a series of very big wins for organized labor over the past year!

• Finally, both good news and bad, as usual, with Desi Doyen in our latest Green News Report. She has more on Hurricane Otis; more on our new climate denying U.S. House Speaker; More on Big Oil doubling down before the bottom falls out for the industry; and an encouraging projection from a normally very conservative international body for the beginning of the end of fossil fuels...

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We're back! Both on today's BradCast and even in L.A., after fleeing the state last month to avoid weeks of construction on the roof of the apartment housing our home studio. To no one's surprise, the work is taking longer than we were told, so please pardon our efforts this week to work around it as best as possible after taking last week off to both avoid it and to enjoy the last days of Summer 2023 before the 2024 fight for Democracy (represented this year by Democrats) and Autocracy (represented by a lawless Republican party) begins in earnest.

Among our stories today...

• Enrique Tarrio, former head of the far-right Proud Boys gang was sentenced to 22 year in federal prison on Tuesday following his conviction for Seditious Conspiracy for his role in the January 6th, 2021 U.S. Capitol insurrection. It's the longest sentence for any of the MAGA insurrectionists to date. Also, of note, Tarrio wasn't even in Washington D.C. that day. Point taken: One didn't need to be personally smashing windows and storming the Capitol to be held to serious account for what happened that day. Got it. Hopefully other jurors in other upcoming related cases will get it as well.

• The federal Courts are still holding. Mostly. For now. On Tuesday, a three-judge panel found that Alabama Republicans blatantly defied an order from the U.S. Supreme Court to add another Black-majority district to their U.S. House map. The SCOTUS order to do so --- after finding the state violated both the U.S. Constitution and Voting Rights Act with their racially gerrymandered districts --- came in Allen v. Milligan [PDF] in early June. Alabama didn't care. In an unprecedented move, they gave the finger to the Court and drew up a new map with the very same deficiencies featuring just one Black-majority district out of seven, in a state where some 27% of residents are Black. The federal court panel has now assigned a Special Master to draw U.S. House districts for the state, after a lawless Gov. Kay Ivey joined with lawless legislators in the gerrymandered statehouse to defy SCOTUS, the Rule of Law and the U.S. Constitution. Alabama is now appealing the ruling to the same U.S. Supreme Court Justices who rejected their arguments barely three months ago.

• The story is similar in authoritarian Governor and Presidential candidate Ron DeSantis' lawless state of Florida this weekend. In this case, a state court judge on Saturday ordered the state legislature to draw a new U.S. House map restoring a Black-majority district in Northern Florida that DeSantis had personally ordered state lawmakers to break into pieces and divvy up its Black voters into White Republican districts. The weekend's court order would seem to be good news. However, the State will now appeal the ruling directly to its Supreme Court where DeSantis has hand-picked a majority of the Justices. As we have long been warning, the fight between Democracy and Autocracy (or Fascism, as one of our longtime listeners insists), continues into 2024.

• Next, I finally catch up with a bunch of news on a growing story --- some of which we've been discussing over the past two years --- that I've otherwise been trying to get to for weeks, but for all of the various indictments, hurricanes, wildfires, debates, etc. continually sidetracking me. The news has to do with the continuing feeling I have that Donald Trump will ultimately not be on the ballot come next November. As noted, that's not a prediction or an inside scoop. It's simply a feeling for now, but one that I can't shake as an increasingly swelling body of evidence seems to support its possibility.

  Today, that evidence includes polling last month finding nearly two-thirds of Americans say they will either "definitely" (53%) or "probably" (11%) not support Trump in 2024. Might such numbers begin to grab the notice of Republican Primary voters? (So far, the answer is largely no. But we've got a long way to go --- and a lot of criminal trials --- before the GOP's nominating convention next July.) There are already a number of high profile Republicans calling on Trump to drop out of the race or noting that he very well may be Constitutionally disqualified entirely from the ballot.

  It is that part of this story today --- disqualification from the ballot via Section 3 of the 14th Amendment of the U.S. Constitution for his role in the January 6 Insurrection --- that we focus on today. Namely, the far-right, Federalist Society legal scholars who recently issued a 126-page law review paper [PDF] finding Trump to be Constitutionally ineligible for the ballot --- "cannot be president --- cannot run for president, cannot become president, cannot hold office" --- due to his roll in the January 6 insurrection.

  And now, there is a host of state Secretaries of State --- both Republican and Democratic --- around the country who are currently or soon to be grappling with the decision as to whether Trump is even eligible to be on their state ballots in 2024.

  Among those Secretary of State's discussed today, after they recently offered various opinions on the matter: New Hampshire's David Scanlan (R); Ohio's Frank LaRose (R); Arizona's Adrian Fontes (D), New Mexico's Maggie Toulouse Oliver (D); Maine's Shenna Bellows (D) and Michigan's Jocelyn Benson (D). (Benson gets credit for the first part of today's headline. REO Speedwagon gets credit for the alternate hed.)

  I welcome your feelings on this matter as well. Feel free to drop me an email or a note in comments and perhaps I'll share it on air in the days ahead.

• Finally, Desi Doyen is back as well, of course, with our latest Green News Report, catching up with a bunch of stuff we missed while we were out, and as the Summer of Climate Disasters turns to...well, most likely the Autumn of Climate Disasters...

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Apologies in advance if you need to rinse off today's BradCast with a hot shower. We did our best to keep it family friendly. It wasn't always easy. [Audio link to full show follows this summary.]

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

• It's Election Day in Kentucky, Pennsylvania and parts of Florida for some key state, municipal and special elections. We run down several of the key races and will have noteworthy results, as available, on tomorrow's program.

• The political group calling itself "No Labels" is reportedly working to become an official political party in all 50 states in hopes of placing a Presidential candidate on the ballot in 2024. The group, founded in 2010, claims to be a non-partisan "centrist" coalition of both Democrats and Republicans, though their efforts to date seemed designed mostly to harm Democrats. See, for example, their lobbying of Senators Joe Manchin and Kyrsten Sinema in opposition of reforming the Senate filibuster in 2021. Also, internal documents have revealed their funders include far-right dark money billionaires such as David Kochand Peter Theil, according to Daily Beast, and Clarence Thomas benefactor Harlan Crow, according to New Republic. Now, the Secretary of State in Maine is charging the group has been scamming voters into signing a "petition" that is actually a change of party form. Just 5,000 voters need to become members in the state for the party to be allowed on the ballot. Apparently 6,000 have now signed up and the state has some questions about it.

• Really, we did our best to keep this report no more graphic than PG-13, but it has to be told because there are some very serious crimes sort of hidden in the new 70-page lawsuit [PDF] filed against Rudy Giuliani by a former employee who accuses him of some pretty horrific "sexual assault, battery, gender discrimination and harassment, fostering a hostile work environment, retaliation, breach of contract, and violations of state labor laws."

  The hostile work environment allegedly included "misogynistic, racist, and antisemitic communications, constant sexual attacks, threats when she brought up the salary she was owed, and threats when she finally found the courage to confront him with her fears and the possibility of legal action."

  But of potential criminal note in the suit filed by Noelle Dunphy against Giuliani in New York on Monday, is not only the off-the-books payments (she says he gave her just $12,000 of the $1 million he'd promised), but that the former NYC mayor, federal prosecutor and Trump attorney was, according to the lawsuit, allegedly "selling pardons for $2 million, which he and President Trump would split." (!!!)

  Moreover, Dunphy claims to have audio recordings of Giuliani, including "some in which she says he can be heard making sexual comments, demanding sex and making sexist, racist, and antisemitic remarks." Does she have any in which Rudy is discussing selling Presidential pardons and splitting the proceeds with Trump? I suspect prosecutors may want to find that out in the not-too-distant future.

• Speaking of antisemitism, on Monday, Florida Governor and desperate Presidential hopeful Ron DeSantis signed yet another bill forcing his far-right ideology onto others with yet another ban on freedoms. This one bars public colleges and universities from investing in diversity, equity and inclusion (DEI) programs. DeSantis has previously enacted state-imposed bans on various forms of free speech and books that his far-right Big Government state lackeys find objectionable. That has already resulted in bans on books said to cite issues of race, gender and sexuality, including math books (somehow) and social study texts. But now the Jewish Telegraphic Agency is reporting that the State is also banning educational textbooks on the Holocaust and/or forcing publishers to modify them in order to receive official State approval for use in Florida K-12 schools and public universities. “This is what modern day fascism looks like," charges human rights lawyer Qasim Rashid. "Remember, the main reason extremists would want to ban teaching about a past atrocity is to make it easier to enable that atrocity in the future."

• We do have at least one story today that isn't creepy and horrible today, ironically enough. The still-Rightwing-controlled Wisconsin Supreme Court actually issued a ruling that isn't insane, overturning a lower state court's insane, seemingly Fox "News"-inspired order that hospitals must use Ivermectin horse-medicine to treat COVID-19 when a patient insists. The ruling overturns that madness comes in advance of liberals taking over the state high court majority beginning in August, following the election of a new liberal justice in the Badger State earlier this year.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on a devastating cyclone in Myanmar; the enormous cost of plugging abandoned oil and gas well in the Gulf of Mexico; and the Biden EPA's proposal of landmark new to curb climate warming emissions from the nation's power plants...

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With the bipartisan January 6 Committee having postponed today's hearing, we take the opportunity on today's BradCast to spend some time rebutting the disgraced former President's supposed rebuttal to the two damning hearings held to date. But, of course, we've got much more as well, including election results from Tuesday and evidence of both voting system problems and bad faith elected MAGA officials already trying to disenfranchise 2022 voters. [Audio link to full show is posted below this summary.]

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

• An error caused by paper jams during ballot scanning on Election Day at the precincts on the state's computer tabulators in Iowa during their June 7 primaries has reportedly resulted in a whole bunch of recounts across the state. Cedar Rapid's KCRG cites an email from the Sec. of State's office which has lead to those recounts, in hopes of reconciling the number of ballots misreported by the scanners as cast with the number of voters who actually signed in to vote.

• Noteworthy election results from four states which held primaries on Tuesday (Maine, Nevada, North Dakota and South Carolina) and one (Texas) which purposely held a low-turnout U.S. Special Election yesterday, instead of at the same time as their regular primaries in March or primary runoffs in May. While we cover a lot of Tuesday's races, and why they matter (or don't), the most disturbing one is likely the Secretary of State's race in Nevada, where a 2020 election denialist by the name of Jim Marchant has apparently won a 38% plurality to become the GOP's nominee to become the critical swing-state's chief election official in advance of the 2024 election.

• The dangers of an election denier like Marchant, who served as one of the state GOP's fake electors in 2020, and who has said he wouldn't have certified Joe Biden's victory over Donald Trump that year had he been SoS at the time, is a stark warning of what lies ahead. But we're already seeing the dangers of brain-poisoned MAGA Mobsters in positions of elected authority. The three-person County Commission in a very right-leaning rural county in New Mexico, is refusing to certify results from their June 7 primary. Even though votes are cast on hand-marked paper ballots across the state, the County Commission unanimously voted against certification of primary results, citing distrust of the County's digital ballot scanners made by Dominion Voting. They have no evidence of fraud, which might otherwise allow a court to order the hand-count they are seeking. They just don't trust the results in the County where Trump won 62% of the vote in 2020. The Republican County Clerk is furious and the Democratic Sec. of State is now suing the County Commission ahead of this Friday's deadline for County certification. Expect much more of this in the months and years ahead. We've long warned about exactly this type of fallout from our irresponsible rush to the use secret vote casting and counting systems made by private vendors and the avenues it opens for opportunists to claim fraud without any evidence of same.

• On Monday night, after the bipartisan U.S. House Select Committee investigating the January 6, 2021 attack on the Capitol and other efforts by Trump to steal the 2020 election, our corrupt former President issued a 12-page rebuttal [PDF] to the Committee's first two hearings. We rebut his dumb rebuttal today. It leans heavily on tired, long-ago debunked nonsense, such as his lead in some swing-states on Election Night "inexplicably" disappearing (after heavily-Republican polling place ballots were quickly tallied before the arduous task of opening and verifying and counting heavily-Democratic vote-by-mail ballots one-by-one) and how thousands attended his rallies, while Biden chose not to hold super-spreader events during the worst pandemic in 100 years. Much of Trump's (ghost-writer's) claims were already debunked during the Committee hearings to date, which he seems to presume that his supporters didn't watch or are too dumb to understand.

  Trump's ghost-writer spends most of the rebuttal ink citing what is laughably described as "indisputable proof" of "Ballot Trafficking" presented in the repeatedly debunked 2000 Mules movie. That's a pretend documentary film created by a long-discredited GOP "election integrity" group named True the Vote and a rightwing activist named Dinesh D'Souza who actually pleaded guilty himself to several federal election fraud crimes before he was later pardoned by Trump.

  As noted, the film has been repeatedly debunked, including by us, several times by now. Months before it was even released, the Georgia Bureau of Investigations (GBI) and FBI concluded the group's claims about cell phone data purporting to reveal evidence of "ballot harvesting" by "mules" of tens or hundreds of thousands of fraudulent ballots cast in drop-boxes, in fact, reveals no crimes at all. A GA state Board of Elections investigation after the movie's release found that supposed "ballot mules" in Atlanta, shown via security camera footage in the film, were just regular voters legally casting their own ballot and those of direct family members. None of the "mules" are ever seen in the film visiting a drop-box or multiple boxes more than once.

  But, perhaps the most stinging rebuttal came from Trump's own Attorney General, Bill Barr this week. During sworn testimony to the J6 Committee, shared by the panel on Monday, Barr laughed out loud at even the mention of the name of the film, before going on to explain how he found it to be "singularly unimpressive," "indefensible," and that it failed to "establish widespread illegal harvesting." That, of course, is a long way from the "indisputable proof" Trump's dumb rebuttal claimed it to be.

• Finally, speaking of the House J6 Committee, Republican Vice Chair Liz Cheney released a video teaser on Tuesday for its next upcoming hearing scheduled for Thursday. This one will focus on the pressure Trump placed on Vice President Mike Pence to help him steal the 2020 election by tossing out valid Electoral College votes on January 6, 2021. Cheney's teaser video includes testimony from one of Trump's top White House attorneys who says he warned outside lawyer John Eastman, who developed the scheme for Pence to toss out the votes, to "get a great f'ing criminal defense lawyer," adding "you're gonna need it."

Special Coverage of tomorrow's J6 Hearing, of course, on tomorrow's BradCast!...

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We continue the impossible balancing act on today's BradCast between coverage of the chilling news out of Ukraine and the somewhat less grim --- but still (mostly) grim --- news out of the federal judiciary in our own teetering democracy. [Audio link to full show is posted below this summary.]

FIRST, in our quick round-up of the latest developments in Russia's horrific assault against Ukraine:

• Some good-ish news as the second round of peace talks results in a "possible temporary ceasefire" to establish humanitarian corridors in some areas of Ukraine to allow safe evacuation out of the country and for food and medical supplies to be brought in.
• The UN says 1 million refugees have already fled Ukraine over the past week, a record for number to leave any nation that quickly this century. But, they warn, the number of displaced residents could rise to more than 4 million, and potentially as high as 10 million as the unspeakable violence continues.
• More good-ish news in that the Pentagon has reportedly established a direct line of communication with the Russian defense ministry. The so-called "de-confliction line" has been established "for the purpose of preventing miscalculation, military incidents, and escalation," as AP is reporting.
• The International Criminal Court is said to have opened an investigation into Russian war crimes and atrocities.
• French President Emmanuel Macron, after a "not-so-friendly" call with Vladimir Putin, reports "the worst is yet to come" in the conflict.
• According to its Mayor, Russian troops have finally taken control of a major city in Ukraine, the city of Kherson on the Black Sea near Crimea. Russian troops are said to be "laying siege" to the key nearby Ukrainian city of Mariupol.
• Ukrainian President Volodymyr Zelenskyy is pleading for more international assistance and calling on NATO to establish a no-fly zone over the country. That, however, would directly pull both U.S. and NATO into direct military conflict with Russia, sparking WWIII in the bargain.
• And, in the U.S. House on Wednesday, a bipartisan, non-binding resolution "Supporting the people of Ukraine" and its sovereign territory, condemning Russia, was approved by an overwhelming 426 to 3 vote. The three members voting against were all Republicans: Reps. Paul Gosar of Arizona, Thomas Massie of Kentucky and Matt Rosendale of Montana. The explanations from all three are appalling.

NEXT, it's back to U.S. news focused on the federal judiciary, with the great MARK JOSEPH STERN, legal journalist at Slate, who, on the day that Justice Stephen Breyer announced his retirement from the U.S. Supreme Court back in January, told us that his "likely" successor would be Judge Ketanji Brown Jackson. Last week, she was nominated by President Biden to the High Court.

Among the many court-related matters discussed with Stern today (including several of them in a lightning round, as we tried to catch up with a boatload of news that has otherwise been overshadowed by the war in Eastern Europe)...

• His thoughts on Judge Jackson, why he predicted back in January that she'd be nominated, what difference she can make on the GOP's stolen and packed Court, and what, if any, roadblocks may stand in the way of her confirmation as the first black woman to sit as a Justice.
• This week's SCOTUS hearing on West Virginia v. EPA, a challenge by "red" states and the fossil fuel industry to President Obama's Clean Power Plan (which never went into effect) and Trump's subsequent program that replaced it (which was rolled back by the Court and also never went into effect). So why did the GOP's stolen and packed SCOTUS shock Court watchers by deciding to hear this case at all, since nobody has actually been harmed in any way? We discuss. But it's about not only gutting the EPA's statutory ability in the near future to regulate greenhouse gas emissions causing our deadly climate crisis, but also about undermining regulatory actions by all Executive Branch agencies (at least when a Democrat is in control of them.)
• While the role of dark money in campaigns and elections is fairly well understood, how dark money affects appointments to the federal judiciary and the cases they hear is much less appreciated. Stern explains some of the many ways this has poisoned the U.S. judicial system.
• Last week, SCOTUS turned away a challenge to Maine's COVID-19 vaccine mandate for healthcare workers, filed by plaintiffs seeking a religious exemption. Why has the Court been allowing some state and local mandates to proceed, even without religious exemptions, while blocking others imposed by the Biden Administration? Stern explains.
• Remember that 2018 decision by SCOTUS regarding a baker who didn't want to bake a wedding cake for a gay couple in Colorado? His bigotry was allowed, but for largely technical reasons. Now the Court has decided to hear yet another challenge to Colorado's anti-discrimination law from a woman who is considering expanding her web design business to create wedding sites. But, if she does, she doesn't want to create them for same sex weddings, in violation of CO's law. Stern explains that idiocy as well.
• And, finally, in perhaps the most insane court story we discuss today, this one out of the far-right 5th federal Circuit. The lede from Stern's coverage at Salon this week should give you a taste of just how insane it actually is: "On Monday, the 5th U.S. Circuit Court of Appeals issued a stunning decision transferring control over the Navy’s special operations forces from the commander in chief to a single federal judge in Texas. The 5th Circuit’s decision marks an astonishing infringement of President Joe Biden’s constitutional authority over the nation’s armed forces, directing him to follow the instructions of an unelected judge—rather than his own admirals—in deploying [Navy] SEALs. High-ranking military personnel have testified under oath that this power grab constitutes a direct threat to the Navy’s operational abilities. As Russia invades Ukraine and declares a nuclear alert, Donald Trump’s judges are actively threatening America’s national security."

FINALLY, Desi Doyen joins us for an only slightly less insane Green News Report: On Biden's SOTU, on Russia's oil and gas industry getting pummeled because of its attack on Ukraine; and some VERY encouraging news about wind energy...

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Before my head explodes on today's BradCast while speaking with our guest about the latest ruling from the Federal Elections Commission (FEC) on foreign money in American elections, we open with some seemingly better news --- and then close later with some definitely better news. [Audio link to show is posted below this summary.]

First up, three noteworthy points came out of the COP26 U.N. climate summit in Glasgow on Wednesday, even if all three points are still somewhat vague and it remains to be seen if all 196 participating nations can unanimously (as required) come to an agreement by the end of this week's conference to cut enough global warming-causing emissions to save humanity. Is that too much to ask?

The three noteworthy points which we discuss, and quickly explain why they are so noteworthy, regard 1) a draft text [PDF] of a final agreement for COP26 (which could change before all is said and done), that actually mentions the need to phase out coal and subsidies for fossil fuels. Though that would seem obvious, it would actually be a landmark statement. 2) A pledge was announced between six major automakers (including Ford and GM!) and 30 national governments to phase out the sale of all new internal combustion vehicles worldwide by 2040 and in "leading markets" by 2035. And 3) A "surprise joint announcement" from the U.S. and China to work together to slow global warming in this decade (including reductions of emissions from both methane and coal!) and to ensure the Glasgow conference ends in success. All three points are actually big news, even if each comes with some vagaries and caveats and, in and of themselves, are nowhere near enough to save us. But all three are important and even landmark early steps toward that end, for reasons we discuss.

Next up, the FEC has affirmed that it's perfectly legal under federal law for foreign countries to spend as much as they like on American ballot referenda, at least in states that don't have laws outlawing it. Their recent 4 to 2 ruling comes from a 2018 Montana complaint where a Canadian subsidiary of an Australian firm had spent money to back a ballot measure placing new restrictions on hard rock mining in the state. It also comes on the heels of a ballot proposition last week in Maine where a record $89 million was spent on campaigns for and against a ballot initiative to halt a $1 billion cross-border corridor for a high-impact, clean electricity transmission line to bring power to the state generated by a Quebec-owned hydro-power company.

The FEC ruling allows unlimited millions from foreign individuals, companies and nations to be dumped into American ballot campaigns. We're joined today to discuss this seemingly mind-blowing FEC ruling by BRENDAN FISCHER, Director of the Federal Reform Program at the nonpartisan Campaign Legal Center in Washington D.C. He explains the gaping loophole in the Federal Election Campaign Act (FECA) that bars foreign money in American candidate elections, but not, apparently, on ballot referenda and propositions, which the FEC says federal law does not consider to be an "election"!

While objectionable and a "kind of insane outcome" to the Montana case, according to Fischer, "this is not a totally crazy or unfounded interpretation" of the federal statute. In this case, it was, in fact, the Democratic Chair of the FEC who voted with all three Republicans on the Commission. Moreover, Fischer says, in Maine, there had been a bipartisan bill adopted by the state legislature to ban foreign money in ballot initiative campaigns, which was ultimately vetoed by the state's Democratic Governor. "That was really controversial in Maine," Fischer explains, "and voters, both Republican and Democrat, were unhappy about it."

He notes that elected officials from both parties in Congress have expressed concern about this problem with FECA and have put forward legislation to fix it. "There's a surprising amount of bipartisan support for plugging this loophole," Fischer tells me. "It also should be noted that the Freedom To Vote Act --- the big voting rights and campaign finance reform bill, supported by Joe Manchin --- also includes a provision that would extend the foreign national prohibition to state and local ballot measures."

Fischer also rings in today on the scathing report [PDF] issued this week by the U.S. Office of Special Counsel, led by a Republican Trump-appointee, finding that more than a dozen top Trump Administration officials --- often repeatedly and knowingly --- violated the Hatch Act's ban on federal employees using their office to campaign for candidates (specifically for Trump) in the run-up to the 2020 election. While top Trump officials, including Sec. of State Mike Pompeo, violated the decades-old Act, the punishment for doing so --- at least for political appointees, if not career federal employees --- is left up to the discretion of the sitting President. Thus, naturally, under our disgraced former President, none of the thirteen who violated the Act faced any consequences from the federal law. Fischer offers his thoughts on whether the Hatch Act, like FECA, can or should be reformed by this Congress.

Finally, Tuesday night offered some actual bad news for that disgraced former President, as a federal judge rejected his attempt to block to the release of January 6-related White House documents subpoenaed by the U.S. House Select Committee investigating the Trump-incited insurrection at the U.S. Capitol. U.S. District Judge Tanya Chutkan thoroughly shut down Trump's claims that Executive Privilege "exists in perpetuity" for him and that he otherwise faces irreparable harm if the National Archives releases the subpoenaed documents as scheduled this Friday. Chutkan's scathing 39-page ruling confirms the well-established principle that only a SITTING President has the power to exercise Executive Privilege to block the release of documents and that "Presidents are not kings, and Plaintiff is not President.”

Ouch. Trump's attorneys have, naturally, vowed to appeal. But the ruling is also very bad news for his disgraced former advisor Steve Bannon, who is facing a criminal Contempt of Congress charge referred to the Dept. of Justice by the U.S. House after his refusal to answer a lawful subpoena from the Select Committee. His basis for refusing to do so was that Trump told him his own documents and testimony were exempt under Executive Privilege. They aren't, because the former President has no such privilege. Neither are the documents and testimony of dozens of others subpoenaed by the Committee, all of whom, like Bannon, could be facing a year in prison for defying lawful Congressional subpoenas. As you know, this story will continue to develop in the days ahead...

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IN TODAY'S RADIO REPORT: Major agreements on methane, deforestation, climate finance and more at U.N. COP26 climate summit; Critical world conference now moves into difficult negotiating phase; PLUS: 2021 off-year elections in U.S. deliver a mixed bag for the environment... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Half world's fossil fuel assets could become worthless by 2036 in net zero transition; The EPA allows polluters to turn neighborhoods into "sacrifice zones"; Countries have failed to adapt for unavoidable climate damage; 10 Facebook publishers responsible for nearly 70 percent of climate change denial content; Banks 'being let off hook by weak climate regulation'; The Dalles sues to keep Google’s water use a secret... PLUS: This US city just voted to decarbonize every building... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Tropical Depression Nicholas adds insult to injury in storm-battered Louisiana; Biden continues to pitch clean energy solutions and urgent action on climate; States move to hold producers responsible for plastic pollution; PLUS: Vermont is latest state to sue the fossil fuel industry for lying about global warming... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Children around the world experiencing climate anxiety and anger; Faroe Islands: Anger over killing of 1,400 dolphins in one day; Most nations fall far short in plans to curb warming: report; Rate of global warming over next 25 years could be double the previous 50 years; The planet depends on the next Federal Reserve chair; MN releases plan to make 3M pay for PFAS cleanup; Rupert Murdoch promises news outlets will move away from climate denial... PLUS: Late night shows plan 'Climate Night'... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Finally! Hard-won victory for tribes and environmentalists as controversial Keystone XL pipeline is actually dead; Mass arrests at Line 3 pipeline protest in Minnesota; G7 spent $50 billion more on fossil fuel projects than renewable energy in 2020; PLUS: Biden's infrastructure talks with Republicans collapse, and start all over again... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Alaska Native Corp. To Protect Its Land, Deals Blow To Pebble Mine; Amid Mega-Drought, Rightwing Militia Stokes Water Rebellion in West; Canada Launches C$647 Million Bid To Avert Pacific Wild Salmon Collapse; B.C. Agrees To Defer Old-Growth Logging For 2 Years In Fairy Creek Area; Red States Warn of ‘Collusive’ Tactics by Biden in Kids' Climate Case... PLUS: Oregon House Moves To Curb Forest Institute’s Power and Budget in Wake of Blockbuster Investigation... and much, MUCH more! ...

Not long after we got off air from yesterday's BradCast, Senate Republicans kept their promise of breaking their previous promise that they would never ever ever --- because it would just be plain wrong and an insult to the voters! --- seat a new Supreme Court Justice during a Presidential election year. Their original promise held for exactly one Presidential election in a row, when it was Obama's nominee to the high court that they blocked for more than a year in 2016. [Audio link to full show is posted below.]

Donald Trump's third appointment to the high court, Amy Coney Barrett, now has the dubious distinction of being the first Justice in U.S. history to have been confirmed without a single vote from the minority party in the U.S. Senate. (Even rightwingers like Antonin Scalia and Anthony Kennedy were both unanimously confirmed.) She will also be notorious for having been seated closer to an Election Day (just one week before it) than any other Justice in history, leading Democrats to correctly describe the entire affair as an "illegitimate" "power grab".

But, even before Barrett was officially sworn in as the newest Justice on the GOP's already-stolen Court on Tuesday morning, the five Republican Justices on Monday night --- (with five of six of them now seated by GOP U.S. Senate majorities elected by a vast minority of American voters) --- had already ordered the state of Wisconsin to reject what is likely to be well over 100,000 timely cast and postmarked mail-in ballots simply because they are delivered by the USPS after polls close on Election Day in the Badger State. The anti-democratic order overturns a lower court judge who allowed the counting of ballots postmarked by Election Day, even if they arrive up to six days afterward --- just as Republicans agreed to during the state's primaries earlier this year. But now that they're competing with Democrats, apparently vote suppression is necessary. More on that particular outrage hopefully tomorrow, because the ruling was even worse than it sounds.

But, for today, the outrageous hypocrisy, perfidy and appalling dishonesty of the Senate Republicans' latest court-packing stunt with the illegitimate now-Justice Barrett --- after well over 60 million American have already voted in an election that may very well cost the Republican Party control of both the Senate and White House --- needs to be highlighted today. For that, we're joined by AARON BELKIN, Director of Take Back the Court, the nation's oldest organization formed specifically to call for expansion and reform of both SCOTUS and lower federal courts following the GOP's original theft of the high court in 2016.

While the need to save democracy itself by unrigging the Republicans' packed federal courts is quite clear, the question remains as to whether Senate Democrats understand that, and whether they will have the courage to do so --- presuming they are able to win back control of the chamber amid years of new voter suppression laws enacted by states and activist GOP jurists.

Belkin details the existential stakes and necessity of doing so, and offers his thoughts on whether Democrats will muster the strength to end the Senate filibuster as required to accomplish it next year.

"It's not just about the theft of the court from Barack Obama, but it's also that we are facing planetary emergencies like climate change, with effectively no time left on the clock," Belkin argues. "And we're also facing what you could call 'democracy emergencies,' where the Court itself has worked hard to keep black and brown voters from the polls. This Court, even the Court as it was configured in 2017, was highly unlikely to allow the next President to deal with those emergencies."

"To have robust judicial reform, you need to expand lower federal courts commensurate with the number of seats that Mitch McConnell prevented President Obama from filling during the last two years of his presidency," he tells me. "Then you need to expand the Supreme Court just by enough Justices to get the job done, to deliver a Court that will allow the next administration to address the emergencies we face." His group also calls for term limits "to try to minimize some of these problems moving forward" and "a code of ethical conduct" for Justices who, unlike lower federal court judges, have no such requirements for recusing from cases in which they have conflicts of interest, or even "situations where, for example, Justice Thomas' wife is lobbying President Trump and the White House the same week that President Trump is a party to a lawsuit in front of Justice Thomas."

Belkin also offers his reaction to Joe Biden's recent vow to create a bi-partisan panel of legal scholars to make recommendations for such reforms after six months of study, and what Americans must do to help make sure any of this happens, in the event that Democrats win both the Senate and White House. He also responds with a very compelling argument to those who charge that these reforms would simply be escalated the next time Republicans take control of both houses of Congress and the White House.

Finally, speaking of just some of the stakes, we're joined by Desi Doyen with our latest Green News Report on yet another record hurricane now barreling toward the Gulf Coast, yet more hurricane-winds and record wildfires in Colorado and California, and then Trump's lies and Biden's truth about action on our climate crisis at last week's final Presidential Debate of 2020...

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Even if several multi-state legal challenges result in a federal court order directing Postmaster General Louis DeJoy to repair the damage wrought by his allegedly "illegal" sabotage of the U.S. Postal Service's mail delivery capabilities, absent significant additional funds, it's unlikely DeJoy could fully comply with that order.

The facts laid out in one of the recently filed cases and echoed in the others, along with subsequent developments, suggest that DeJoy was, at best, disingenuous when, in an August 18 formal statement [PDF], he claimed he was "suspending" his nationwide mail sorting, labeling and delivery changes until after the Nov. 3 Presidential Election.

The complaint describes how, pursuant to an Equipment Reduction Plan [PDF], Defendants removed, dismantled and/or destroyed 671 high-speed sorting and labeling machines that had a combined hundreds of millions of dollars in value. As a result, the States allege, "some major cities have already had their ability to sort mail reduced by hundreds of thousands of pieces of mail per hour." (Emphasis in original text).

On the same day that DeJoy issued his "suspension" statement, emails were submitted by Kevin Couch, the USPS Director of Maintenance Operations, informing Maintenance Managers that, irrespective of instructions from their plant managers, they must not reconnect or reinstall sorting machines that had previously been disconnected absent approval from USPS HQ.

Last Friday, while testifying before the U.S. Senate, DeJoy made it clear that he has "has no intention" of reinstalling the sorting machines, even as he claimed that election related mail would receive top priority from the Postal Service. Contrary to DeJoy's rosy predictions, however, the USPS's own Service Performance memo reflects a significant drop in overall performance which precipitated a USPS warning to 46 states that their deadlines for Vote-by-Mail ballots "might impede the timely delivery of mail-in ballots, possibly disenfranchising millions of voters"

While there's ample reason for a court to order reinstallation, absent significant additional USPS funding, which Trump opposes, it is doubtful that DeJoy could fully undo the damage even if he were ordered to do so.

VOTERS BEWARE: Do not be lulled into a false sense of security by DeJoy's "suspension" of changes at the USPS until after Election Day, or by his unsupported assurance that USPS can timely process and deliver every ballot. The wiser course, as laid out in our previously related article, is to deposit your mail-in ballots in secure, state-supplied drop-boxes (where available) or at designated drop-off locations. Check your local jurisdictions to learn what options may be available where you live. In some jurisdictions, voters can deposit their mail-in ballots at the polls either during early voting or on Election Day. In some jurisdictions, voters can link to election official websites to track the processing of their own ballots as well...