It's our last BradCast before time off for travel over the holiday next week. Unlike years past, it looks like SCOTUS will be late in releasing all of their opinions for this term before its normal end this week, so we won't be here to comment immediately on some of the biggest decisions (or on tonight's Presidential Debate) until after our return. But we've got plenty to cover from the corrupted rightwing Court already this week, including with a guest today who suggests the analysis by many legal experts on yesterday's ruling striking down yet another part of federal public corruption law has been somewhat misleading. [Audio link to full show follows this summary.]

Among the big SCOTUS decisions still to come, is a case regarding the "Chevron Doctrine" which, for decades, has given legal deference to federal agency experts over judges or corporate challengers, when it comes to the interpretation of federal laws through rules and regulations promulgated by those federal agencies. That could all be about to change, with enormous consequences first for the EPA, but also across the entirety of the federal government --- or, the so-called "Administrative State" as rightwingers have taken to deriding it. We explain the doctrine and some remarkable ironies behind the Court's upcoming ruling, whatever it may be, today.

But the corrupted, stolen and packed rightwing Supreme Court did manage to issue several rulings today. Among them....

• The Court rejected a multi-billion dollar nationwide opioid settlement with OxyContin maker Purdue Pharma and its owners, the Sackler family.
• In a clear win for corporate interests, they gutted the SEC's ability to carry out in-house proceedings on civil fraud complaints, requiring federal jury trials instead in an opinion likely to have far-reaching effects on other regulatory agencies as well.
• SCOTUS also kicked a Presidential election year hot potato down the road for another day by allowing Idaho hospitals, for now, to perform emergency abortions under federal law, even though the procedure is barred under state law.
• And, as we also discuss with Desi, the High Court blocked, for now, to the EPA's "Good Neighbor" rule which limited air pollution from power plants and other facilities that pollute downwind states. While the regulation has already substantially lowered pollution --- and saved lives --- in the states where it is in place, the Court prevented the EPA from enforcing it until after lower court challenges by largely Republican-controlled states and several industries are completed.

NEXT... On yesterday's show we critically covered the Wednesday SCOTUS ruling in Snyder v. U.S. [PDF], an opinion which overturned the conviction and 21-month prison sentence of an Indiana Mayor who received a $13,000 check from a company just two weeks after his city had granted them a contract worth more than a million dollars. The Court's rightwingers determined that the federal statute in question only applies to out-and-out bribery cases, where a quid pro quo was agreed upon before a public action. After-the-fact "gratuities", the Court's six Republican-appointees ruled, are apparently just fine. Or, at least, not unlawful under their reading of the federal statute in question.

While many legal analysts and experts have derided the ruling since it was issued on Wednesday, our guest today, RANDALL D. ELIASON, former chief of the Fraud and Public Corruption Section at the U.S. Attorney's Office in D.C., now a white-collar criminal law professor at George Washington University Law School, had a different take that he posted to Twitter yesterday: "I have no problem with the Snyder decision, that 18 USC §666 covers only bribes and not gratuities. I think that makes sense."

Really? Why? Today Eliason joins us to explain why the law --- which, as Justice Ketanji Brown Jackson notes in her dissent with the Court's other liberals, "imposes federal criminal penalties on agents of those entities who 'corruptly' solicit, accept, or agree to accept payments 'intending to be influenced or rewarded'" --- can arguably be interpreted as applying onlyto before-the-fact bribes, as opposed to after-the-fact "gratuities", as they are described by the Court's majority.

"I'm not happy about the outcome," Eliason concedes today. "You're right that there's been a pattern of decisions over the last more than a decade narrowing public corruption laws, and I've been critical of a lot of them. And I've been on your program being critical of a number of them in the past."

"So I'm not happy about the outcome. But I don't think the majority is being unreasonable in this particular decision. Because what this decision is about is not whether the conduct of the Mayor is a good thing, or whether it should be prohibited. It's just about the language in this particular criminal statute that Congress drafted. And it's really a badly drafted statute. It's poorly written. It's confusing. And even though the lower court in this case had upheld his conviction, several other federal courts of appeals had said the same thing, that this law does not apply to gratuities, and agreed with Snyder."

He explains that there is "a real legal distinction between a bribery and a gratuity", and that other federal statutes prohibit them both. But in this case, §666 is less than perfectly clear. And, when there is a "tie" in legal interpretation, the tie is supposed to go to the defendant who, the Court noted, can still be held accountable for accepting a gratuity under state and local laws.

"You see a lot of headlines in the wake of this decision: 'Supreme Court says bribery is okay.' No, the whole point was it wasn't bribery. It was a gratuity, which is something far less serious. And the issue was does this particular statute cover this kind of gratuity? The answer is no. I think, based on the way that statute is written, it's a reasonable outcome."

While I'm not sure I fully agree --- and even he notes that Justice Jackson makes several good arguments in her dissent --- Eliason's expertise and insight into the laws in question shed welcome light on this otherwise seemingly corrupt ruling.

On a related note, we also discuss how all of this might apply to the arguable millions of dollars in "gratuities" that members of SCOTUS, like Clarence Thomas, have accepted over the years and whether that might play into the Court majority's opinion. And how Congress, had they not become completely dysfunctional in recent years, could easily clarify this issue through simple legislation.

On one other matter before we finish our conversation with Eliason today, he offers his thoughts on SCOTUS' upcoming Fischer decision regarding whether the statute used to charge hundreds of January 6 defendants --- including Donald Trump --- with "obstruction of an official proceeding" may be struck down by the Court. Eliason is "pessimistic" about what is likely to happen, though believes that even if the Court strikes it down for use against many of those charged for the J6 insurrection, that "there's a good chance that the charges against Trump would still survive."

FINALLY... Before we disappear for the next week, Desi Doyen joins us for our latest 'Green News Report', with more thoughts on the imperiled Chevron Deference Doctrine; Climate disaster upon climate disaster this week for a New Mexico town; and some very good news indeed for President Biden's job-creating climate law...

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Once again, on today's BradCast, we've got a mid-week "ketchup" for you, with everything you need to know about the disgraced former President's still-ongoing, first criminal trial. And it's been a very big week in that regard. [Audio link to full show follows this summary.]

But, first up today, interesting results out of Indiana on Tuesday, where the "zombie campaign" of Nikki Haley, who quit the race two months ago, still racked up nearly 22% of the vote in the Republican Presidential Primary against Donald Trump. (Joe Biden ran uncontested on the Democratic side.)

Next week's primaries will be in Nebraska, Maryland and West Virginia, where former coal baron and federally convicted criminal Don Blankenship --- a hard-right loon --- has decided to run in the Democratic primary to fill the U.S. Senate seat being vacated by rightwing Democrat Joe Manchin. Blankenship lost as the Republican nominee against Manchin in 2018. This year, as a "Democrat", he'll be running next week in WV against staunch pro-union candidate Glenn Elliot and Marine Corp vet and grassroots organizer Zach Shrewsbury. The winner will likely be taking on current Governor and coal baron billionaire Jim Justice who ran for Governor as a Democrat in 2016 before flipping to Republican in 2017 just after he was elected.

Then, it's on to today's coverage of the past week's criminal Trump Trial in New York, where the former (and future?) President faces 34 felony charges related to hush-money payments made to porn star Stormy Daniels to help him win the 2016 Presidential election. Daniels was called by the Prosecution for testimony on Tuesday and, as you likely know by now, it was a bit of a blockbuster.

We're joined today by our old friends HEATHER DIGBY PARTON, award-winning columnist at Salon and longtime blogger at Hullaballoo, and former attorney and former Republican KEITH BARBER, who now blogs on legal and Constitutional matters as "KeithDB" at the progressive Daily Kos website.

Among the topics of today's conversation...

• Daniels' disturbing testimony about her disturbing, apparently "quasi-non-consensual" (as Barber describes it) sexual encounter with Trump during a celebrity golf event in Lake Tahoe and why specific details of that counter either are or are not important to the Prosecution's case. (Barber: "If Trump invites you to a dinner date, don't expect dinner.")
• Why Trump's attorneys sought a mistrial on Tuesday, but were rejected by the trial judge.
• How Team Trump's various over-ruled objections are likely working against them.
• How the Defense is doing in its attempt, so far, to cross-examine Daniels. (Barber: Trump's team was "too ham-fisted" and "outsmarted by the adult industry star.") The cross continues on Thursday.
• Why last week's testimony by former, longtime Trump aid Hope Hicks was so important to the State's case, and why she broke down in tears as the cross-examination began. (Parton: "A devastating blow to his defense.")
• Why Monday's testimony from the Trump Organization's former Controller and its current chief of Accounts Payable was so important to the Prosecution's case.
• How all of this is being reported (or not) by mainstream media and rightwing media (Parton: "Fox is not covering it. Neither is Newsmax or OAN.") and heard by voters in both cases.
• Whether the lack, so far, of testimony describing Trump himself as ordering the falsification of business records is going to be a problem for the Prosecution, and whether upcoming testimony by Michael Cohen can fix that.
• Whether Trump will be held in criminal contempt by the judge for the eleventh time and if he'll actually be given jail time for his next violation of the court's gag-order. (Parton: "Trump doesn't want to go to jail. They don't have hair and makeup people in there." Barber: "He doesn't want to go to jail, no matter how much he'll tell his stupid MAGA followers that he does.")

All of that and much more on today's lively Trump Trial Ketchup show!...

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Today's BradCast is perhaps better listened to than explained. But here's a quick summary and some links for more details. [Audio link to full program follows this summary.]

We focus today on the largely peaceful pro-Palestinian protests that have sprung up on college campuses across the U.S. over the past week or two in response to Israeli Prime Minister Benjamin Netanyahu's punishing, ongoing assault of Gaza and the Biden Administration's facilitation --- reluctant or otherwise --- of that effort. Our central focus is on the responses to the protests here in the U.S. by counter protesters, media, politicians (including remarks by Joe Biden today), and, most disturbingly, armed riot police who seem to be touching off the bulk of the violence, or at least the eye-catching "if it bleeds it leads" scenes of chaotic confrontations that are easy to show on television news, whether they capture the truth of the moment or not.

As noted, today's program is better listened to than explained, I think. But, among the source material referenced in our coverage...

• L.A. Times: "More than 200 arrested as police dismantle UCLA pro-Palestinian camp"
• David Kurtz: "Another Wave of Campus Arrests Overnight as Police Intervene in Protests"
• Thomas Zimmer: "Student Revolt and the Curtailing of Critical Speech"
• MSNBC's Chris Hayes on American protests and proportionality.
• Rep. Alexandria Ocasio-Cortez (D-NY) on her response to young progressives or Arab-Americans who say they can't vote for Biden this year.
• Ernie Canning: "Third-Party Myopia v. Democracy's Survival"

As usual, I welcome your responses in comments below or via email. If you can keep 'em short and sweet perhaps I'll share them on the show.

Also today, Desi Doyen covers the damning new report [PDF] from Congressional Democrats exposing how the oil industry spent decades deceiving the public and sowing doubt about the dangers of burning the fossil fuels that are the primary drivers of our climate crisis. Internal documents reveal how Big Oil shifted from outright climate denial to a covert strategy of "deception, disinformation and doublespeak" to delay the transition to clean energy and preserve their profits --- publicly professing support for reducing emissions while privately lobbying against climate laws and regulations. The tranche of subpoenaed communications were the focus of a Senate Budget Committee hearing on Wednesday, with expert testimony delving into the details of the oil industry's ongoing efforts to mislead the public about fossil fuels and the climate crisis.

And finally, our latest Green News Report with a bit more on the above, and on the unforgiving costs the world continues to pay for it, including this week with extreme heat and storms in Asia and the oil industry-facilitated plastic pollution crisis across the globe...

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Even Joe Biden is now making jokes about the plummeting value of the former President's latest scam, his attempt to turn his failing social media site into a Wall Street meme stock. As discussed on today's BradCast, it ain't working. At least for now. [Audio link to full show follows this summary.]

The value of Trump Media & Technology Group, trading under Donald Trump's initials as DJT, has lost about two-thirds of its value since it debuted as a publicly traded stock at the beginning of the month. If it "drops any lower," Biden quipped at a rally in Pennsylvania today, Donald Trump "might do better under my tax plan than his."

When it first went public, DJT quickly shot up to nearly $80 per share. It has been nose-diving by double-digit percentages pretty much every day since. The stock closed on Tuesday at less than $23 a share. On Monday night, the Washington Post's Drew Harwell posted a piece that is nearly equal parts hilarious, for those who enjoy the schadenfreude of Trump losing billions of theoretical dollars in just a few weeks time, and heart-breaking, for those who feel for the hundreds of thousands of Trump fans who have lost, in some cases, their "whole nest egg" because they were brain-poisoned enough to buy into Trump's latest fraudulent scheme.

Harwell's report of the reaction to the plummeting value of the stock by Trump supporters themselves on Truth Social, the money-losing venture that is currently DJT's only actual business, is harrowing and amazing. (But just more evidence of the "deep state", if you believe some of the denialists who are still buying more shares every day now!) But it serves as yet another reminder that, as sick as Trump is, it is our nation itself, and its people, whose illness we must eventually figure out how to attend to.

Anyway, tune in to today's show for many more thoughts on the above, and a whole bunch of other news of the day, including...

• Trump's recent Truth Social video rant on how Presidents simply can't do the job of Presidenting without absolute criminal immunity, the way the Founders wanted it. Then again, there is no evidence that the Founders wanting anything of the sort (quite the opposite, in fact); every President of the United States before (and since) Trump has been able to function just fine without it; and --- oh, yeah --- as Trump said in a separate rant just one day earlier, apparently "Crooked Joe Biden...can't put two-sentences together" but has been clever enough to mastermind all four of Trump's current criminal indictments in two different states and two separate federal jurisdictions, all without leaving a trace of evidence. "At what point are the actions of a sitting President...against his opponent for election interference considered illegal?," Trump asked. But, according to Trump just one day earlier, even if the President had anything to do with Trump's criminal indictments (he doesn't) it would still never be illegal!

• The disgraced former President's criminal trial in New York, on 34 federal counts related to hush-money payments to a porn star to help him win the 2016 election, seems to be moving faster than expected. On Tuesday, seven jurors were selected on the second day of the trial. Just five more jurors and six alternates are needed before opening statements can begin, perhaps as early as the beginning of next week.

• On Tuesday, House GOP lawmakers finally delivered their two articles of impeachment against Dept. of Homeland Security Secretary Alejandro Mayorkas to the U.S. Senate, where the high-crime-and misdemeanor-free charges are expected to die either very quickly or somewhat less quickly, in an impeachment trial that, according to the rules, must begin immediately and continue until complete. Good thing there is nothing else Congress needs to be doing right now.

• The far-right conspiracy outlet known as One American News (OAN) has reportedly struck a confidential settlement with voting system vendor Smartmatic, in the defamation lawsuit brought against the Trump-supporting TV channel for lies told about the company's voting systems following the 2020 election. Despite repeated false claims by OAN anchors and guests that Smartmatic software was used "in 30 states" to steal the election for Biden --- with zero evidence in support of those claims --- the company's voting systems are only used in one U.S. jurisdiction: here in Los Angeles County, where even brain-poisoned MAGA dupes aren't dumb enough to claim the election was stolen from Trump.

  For the role that we personally played in confusing Sidney Powell, Rudy Giuliani, and the OAN clowns regarding Smartmatic's role in U.S. elections, I can only say: "You're welcome!"

  The terms of the settlement are undisclosed, but it follows on last year's $787 million settlement between Fox "News" and Dominion Voting Systems over similarly false claims, as well as a settlement between OAN and a former Dominion executive. There are many other similar defamation suits still pending, however, by both Smartmatic and Dominion over lies told about them following 2020 by other well-known Trump conspiracists.

• Finally, Desi Doyen joins us for our latest Green News Report, with several pieces of pretty cool news littered amidst a number of terrifying climate crisis omens...

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IN TODAY'S RADIO REPORT: Record ocean heat is bleaching coral reefs around the world; Biden raises royalties to drill and mine on public lands, the first update in a century; Innovation in Indiana: wireless EV charging roads; PLUS: Bizarre fish behavior is a marine mystery in Florida... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): How to spot 5 of the fossil fuel industry's biggest disinformation tactics; Environmental groups protest DOT approval of huge oil export terminal off Texas coast; Biden administration increases industry responsibility for decommissioning drilling platforms; Courts cracking down on corporate 'greenwashing'; CA startup's innovative technology significantly reduces emissions from cement-making; Toxic grass is spreading in the US, threatening livestock... PLUS: World’s coal power capacity rises despite climate warnings... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: U.S. Supreme Court hears challenge to EPA's landmark 'Good Neighbor' pollution rule; Bizarre winter heat wave hits Japan; New study finds near-universal global public support for climate action; PLUS: Biden Administration unveils billions in new funding to clean up the nation's drinking water... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Record US renewable energy investment not enough to meet climate goals - report; Chicago sues 5 oil companies, accusing them of climate change destruction, fraud; More meteorologists sounding hurricane alarm; Electric cars are driving China toward the end of the Age of Oil; UK to quit energy treaty that ‘penalizes’ net zero; Dead livestock and poisoned water — Texas farmers sue over PFAS pollution... PLUS: The Haves and Have Nots: Clean energy an economic engine in rural America, but not for NIMBYs... and much, MUCH more! ...

We begin again on today's BradCast with the latest developments in what AP is now calling the latest Israel-Palestinian war, before catching up with a number of political and climate related issues here at home. [Audio link to full show follows below this summary.]

ISRAEL v. HAMAS:

• On Monday, the leaders of France, Germany, Italy, the U.K., and the U.S. issued an unusual joint statement condemning the "terrorist actions of Hamas" over the weekend, declaring "steadfast and united support to the State of Israel" and recognizing "the legitimate aspirations of the Palestinian people".

• Today, an at-times visibly angry President Biden expressed similar sentiments, decried the weekend’s "atrocity on a appalling scale"; warned against adversaries both at home and abroad who might be tempted to take advantage of the situation for political violence; vowed to help secure the release of American hostages around the world; declared this "a moment for the United States to come together, to grieve with those who are mourning"; promised to uphold the "laws of war", and reiterated that the U.S. "stands with Israel" while condemning the "indiscriminate evil" of the weekend’s attack. He also confirmed that 14 Americans are now confirmed to have been killed as a result of Saturday's surprise assault by Hamas.

• Beyond that, we cover the latest, including escalating death tolls, with at least 1,000 dead in Israel, and at least 800 dead in Gaza, as Israel continues its fourth day of pounding neighborhood after neighborhood in the Gaza Strip with air strikes. More than 200,000 Palestinians have reportedly fled their homes for U.N. shelters, as deliveries of food, fuel, water, electricity, medicine and other supplies to Gaza have been cut off by Israel, as hospitals are said to be running out of supplies, surgical equipment and antibiotics.

• Back home in Congress, the U.S. House remains crippled thanks to Republicans having removed their own House Speaker last week. Given our recent history and the current situation in the Middle East, that might not actually be a terrible thing.

2004 MISCELLANY:

• On Friday, the Wisconsin Supreme Court, after a 4 to 3 vote, scheduled a hearing next week on a voter petition to draw fair legislative maps for the state Senate and Assembly, for the first time in more than a decade. Justice Janet Protasiewicz, whose recent election gave liberals a majority on the High Court for the first time in 15 years, has decided to not recuse herself from the case, even as GOP Assembly Speaker Robin Vos' threat to impeach her if she did so has shown no sign of materializing yet.

• Out here in California, 74-year old former L.A. Dodgers All-Star Steve Garvey announced today that he will be running as a Republican next year to fill the seat held by Dianne Feinstein, who recently passed away. He will be vying for one of the two spots up for grabs in next year's March Primary, in hopes of going on to compete in the November general election. He will have to face off with at least three Democratic all-stars hoping to become the state's new Senator, including Congressmembers Barbara Lee, Katie Porter and Adam Schiff --- and potentially against Laphonza Butler should she decide to run, after having been tapped by Gov. Gavin Newsom to fill the rest of Feinstein's term.

• Robert F. Kennedy, Jr., with much support from Republicans, announced on Monday that he plans to drop out of his Democratic primary bid and run for President as an independent next year. In theory, he will join Cornel West who plans to do the same after leaving the Green Party, and a potential candidate put up for 2024 by the right-leaning "centrist" group calling itself No Labels.

LATE-BREAKING AND FINALLY:

• Republican Rep. George Santos (NY), already facing 13 federal campaign finance-related charges, now faces an additional 10 related to identify theft for stealing donor credit cards to make unauthorized charges.

• Hurricane Lidia spun up quickly before airtime to become a major Category 3 storm as it headed toward landfall on Mexico's Pacific coast near Puerto Vallarta. (Since we've gotten off air, Lidia has spun up even more, making landfall as a Cat 4 with 140 mph winds!) It is the second tropical storm to slam the Pacific coast in two days, following landfall by Max on Monday.

• Desi Doyen joins us for our latest Green News Report, with good news for both striking auto workers and Electric Vehicles, and bad news for India, the children of the world, and your olive oil...

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Last week, a U.S. District Court judge in the Southern District of Florida issued an important preliminary injunction [PDF] to a cruel state measure blocking medical treatment for transgender kids.

Relying upon medical science and a U.S. 8th Circuit Court of Appeal decision handed-down last year, Judge Robert Hinkle temporarily enjoined provisions of a Republican-engineered state statute and rules issued by state medical boards to enforce it, which make it a crime and grounds for terminating a license to practice medicine, for physicians who furnish minors (under 18) with gender-affirming care.

In his 44-page ruling, Judge Hinkle found that the plaintiffs (adolescent transgender children and their parents) were likely to succeed in their claims that the state's new restriction on gender-affirming care violates the Due Process and Equal Protection Clauses of the 14th Amendment to the U.S. Constitution. Allowing the law to take effect, he explained, was likely to cause "irreparable harm" to the child plaintiffs...

If you thought you might have heard the end of Clarence Thomas' year's long crime spree as a lifelong Justice on the highest court in the land, think again. More stunning breaking news of his endless corruption on today's BradCast, along with a whole bunch of other newsworthy stuff.

Among that stuff...

• An incredible 25 inches of rain --- most of it within a period of 6 hours --- fell in Fort Lauderdale, Florida and surrounding areas over the past 24 hours. Desi Doyen joins us to explain WTF is going on. (Got any guesses?)

• Democratic state Rep. Justin Pearson was reseated at the Tennessee State House on Thursday, after the Shelby County Commission in Memphis unanimously elected him to be a temporary replacement for himself after he was expelled last week by the out-of-control, racist, gerrymandered GOP majority. Both he and Rep. Justin Jones (who was reseated on Monday after also being elected unanimously to do so by Nashville's Metropolitan Council) were expelled last week after joining a protest at the state Capitol demanding gun safety measures after 3 children and 3 adults were murdered in a mass shooting at a Christian elementary school in Nashville. The white female Democratic legislator who joined the two Justins in the protest was allowed to remain in her seat. We share some of Pearson's remarks after being selected in Memphis to fill his own seat, and after his return to the House today, where Republicans were debating a bill to censor free speech for college students in the state before they tossed out the rules to end all debate and voted for passage of the pro-Big Government, anti-free speech, racist measure.

• Hey! Texas U.S. Sen. Ted Cruz has a great idea about how to prevent school shootings! Just arm them up with militarized security personnel! "You know, when you go to the bank, and you deposit money in the bank, there are armed police officers at the bank," he declared late last month when announcing his new federal bills to fund armed security guards at the nation's public and private schools. "Why on earth do we protect a stupid deposit more than our children?," he asked on Twitter. And, just days later, you'll never guess what happened at the Old National Bank in Louisville, Kentucky.

• On the upside, all of this pro-murder, pro-Big Government, anti-free speech, anti-democracy GOP idiocy is being noticed by Americans, it seems. Our guest on yesterday's BradCast, Simon Rosenberg, one of the few who turned out to be right that last year's midterms would not result in a "red wave," draws our attention today to some noteworthy new polling. After their first 100 days, the new U.S. House GOP majority has an abysmal approval rating of negative 24 points overall, and are a jaw-dropping 48 points underwater among independent voters. Rosenberg observed that while he "could write a much longer analysis" of the new survey, "it isn't necessary. These numbers are truly terrible [for Republicans], and they are in serious trouble." We'll see if he turns out to be as right about 2024 as he was about 2022.

• Speaking of jaw-dropping. Today's exclusive from ProPublica about even more previously unknown corruption of Clarence Thomas may be even more mind-blowing than their exclusive last week revealing that the corrupt U.S. Supreme Court Justice, "accepted luxury travel from [GOP megadonor Harlan] Crow virtually every year for decades, including private jet flights, international cruises on the businessman’s superyacht and regular stays at his private resort in the Adirondacks" while failing to report any of the hundreds of thousands of dollars in gift travel on his financial disclosure forms, as required by law, for all of those years.

  And now today, we learn that Crow directly paid Thomas actual cash money to purchase the Justice's mother's home and several other lots on the same street that were owned by Clarence. His 94-year old mother is still alive, and still appears to live in the house (rent-free?)that Crow purchased before investing some $36,000 in renovations! Because that's just what billionaire real estate tycoons and GOP megadonors do for their closest personal friends who happen to sit on the U.S. Supreme Court.

  All of that, of course, meshes precisely with Clarence's corruption that we reported on way back in 2011, detailing his unlawful failure to list his wife's $120,000 annual salary from the rightwing Heritage Foundation on his annual financial disclosure forms for some 20 years, and the sweet $500,000 in dark money that his wife Ginni's then-new, non-profit political advocacy group received from Crow back in 2009, just after the infamous Citizens United case was heard by her husband at SCOTUS, and just before Clarence and the other Republican Justices released their opinion in 2010, allowing unlimited dark money to political advocacy groups, like Ginni's, to remain undisclosed.

• Finally, Desi Doyen joins us for our latest Green News Report with news on a massive toxic plastics fire still burning out of control in Indiana; Western water war crunch time on the Colorado River; and the Biden EPA's new plans for turbocharging the EV revolution...

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IN TODAY'S RADIO REPORT: Biden EPA kicks off next phase of electric vehicle revolution, with strongest-ever emissions rules for cars and trucks; Crunch time in contentious negotiations over water cuts from the declining Colorado River; Plastics are responsible for a wide range of negative health impacts; PLUS: Massive plastics fire in Indiana forces evacuations, expected to burn for several days... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Wheat disease’s global spread concerns researchers; Judge temporarily blocks clean water rule in 24 states; Massive New Jersey Pine Barrens fire now fully contained; Record clean-power growth in 2023 to spark ‘new era’ of fossil fuel decline; US becomes first major fishing nation to ratify subsidies deal; Interior OKs massive power line key to distributing West’s renewables; Proposed plastic recycling plant could send toxic PFAS Into Susquehanna River; Rich people’s swimming pools are fueling water crises in cities, study finds... PLUS: Buy an electric vehicle now or wait? Here’s how to decide... and much, MUCH more! ...

"Abortion is an essential component of women's health care" -- American College of Obstetrics and Gynecology

"When women are compelled to carry and bear children, they are subjected to 'involuntary servitude' in violation of the [13th] amendment" -- Andrew Koppelman, Northwestern Univ. Law Review (2010)

The moment the U.S. Supreme Court handed down its opinion in Dobbs --- the case in which five of the Court's six right-wing Radicals in Robes voted to completely overturn Roe v. Wade (1973) --- it resurrected a cruel and grotesque division between States that had not existed since the end of the American Civil War.

In 1860, prior to passage of the 13th, 14th and 15th Amendments, the very existence of a "United States" was under a grave threat due to an unsustainable, race-based divide between Slave States and Free States.

Today, courtesy of Dobbs, our nation finds itself mired in an unsustainable, gender-based divide between Free States, where a woman's reproductive liberties are preserved, and Slave States, where reproductive liberties no longer exist. (Andrew Koppelman's 2010 paper argued that "forced pregnancy" doesn't just deprive women of their "individual liberty". It also denies Equal Protection under law guaranteed by the 14th Amendment because that "deprivation is selectively imposed on women.")

The immediate impact of Dobbs was felt in Ohio, where the only option available to the parents of a 10-year old rape victim was to flee to neighboring Indiana so that their child would not be forced to carry the rapist's baby to term. But even the liberty that 10-year old's parents took advantage of is now threatened by a gender-based, Fugitive Slave Act mentality...

On today's BradCast: With midterm primaries in Ohio and Indiana yesterday kicking off a month of about a dozen such primaries across the country, and more to come in subsequent months, America is voting again. So, naturally, America's voting systems are failing voters again. [Audio link to full show is posted below this summary.]

In Ohio, in at least three different counties (Lucas, Cuyahoga and Williams) reports of misprogrammed systems prevented voters from casting their votes or forced them to return later in the day to do so. Electronic pollbooks used as part of computer touchscreen Ballot Marking Devices (BMDs) appear to be the culprit this time. Again. In this case, at least in Lucas (Toledo) and Cuyahoga (Cleveland) it appears the e-pollbook vendor misprogrammed them to print out barcodes on ballot cards that subsequently brought up the ballot for the wrong party when voters put those ballot cards into the BMDs to try and cast their votes. Republicans received Democratic ballots and vice versa.

The widespread failure was reportedly corrected eventually, by about 2pm. In some cases, poll workers were able to manually punch in codes to bring up the correct party ballots and precincts onto the BMD systems for voters. In other cases, voters were given printed ballots that they could fill in by hand (begging the question as to why all voters weren't simply given reliable, verifiable hand-marked paper ballots to use in the first place to avoid these ongoing electoral nightmares!) Either way, problems like these do little to foster confidence in our electoral system, particularly on BMD systems which are already 100% unverifiable after elections, making it impossible to know if votes cast via such systems actually reflect the intent of any voter.

Luckily, confidence in our voting systems hasn't been a big concern in the U.S. of late, right?

As to actual reported results of voting on Tuesday, we cover, among other things, the Democratic U.S. House race watched closed by some on the progressive left between Rep. Shontel Brown and Bernie Sanders-ally Nina Turner in the state's 11th Congressional District (which happens to touch both Lucas and Cuyahoga Counties, where voting systems failed). The contest was a re-run of last Summer's special election to fill the House seat vacated by Rep. Marcia Fudge after she was tapped to serve as Joe Biden's HUD Secretary. Turner lost once again on Tuesday, reportedly by a much wider margin this time, before suggesting in her fiery concession speech that she may be planning an independent run for President in 2024.

All of the U.S. House races in Ohio were run on a new map found by the state Supreme Court to violate the state's constitution, requiring districts that reflect the state's partisan balance after a 2018 ballot iniative for fairer maps won 70% of the vote. Ohio's Presidential contest in 2020 was about 53 to 45% in Trump's favor. Nonetheless, the new maps created by the GOP-majority Redistricting Commission in the Buckeye State will likely result in a 13 to 2 --- or maybe 12 to 3 --- advantage in favor of Republicans in Ohio's U.S. House delegation, as redistricting expert Dave Daley told me via email today. The unconstitutional map is being used in 2022 as the court challenge continues. Perhaps they'll get fair U.S. House maps by 2024. Or not.

On the Republican side of Tuesday's primaries, all of Trump's endorsed candidates --- no matter how crazy, no matter how many times they've been accused of domestic violence or sexual harassment --- won yesterday in both Ohio and Indiana. In Ohio, that even included author and former never-Trumper J.D. Vance in his bid for the GOP U.S. Senate nomination. Vance, back in 2016, said he couldn't "stomach Trump" and found him "noxious". But he changed his tune when he decided to run for the open Senate seat being vacated by retiring Republican Sen. Rob Portman. Now, Vance says, Trump's "a great President, certainly the best President of my lifetime." That was enough, apparently, to win Trump's endorsement, which appears to have catapulted Vance from third place, just a few weeks ago, to a reported win on Tuesday night. He'll be running in November against Democratic nominee Rep. Tim Ryan.

While all of this is great for Trump's considerable ego, it remains to be seen whether having a bunch of far-right, radical loons and alleged abusers who insist the election was stolen from Trump in 2020 (despite any evidence to support the claim) will be good or bad for the GOP this November. It should be a big year for them, but there are still a whole lot of X Factors that could affect so-called Conventional Wisdom on this.

Next, the voters challenging the eligibility of North Carolina insurrectionist Rep. Madison Cawthorn to run for reelection had their day in federal appeals court on Tuesday, after a Trump-appointed lower court judge tossed their Constitutional challenge to Cawthorn's eligibility under the "Insurrectionist Disqualification Clause" of the 14th Amendment. The Q&A between Cawthorn's defense attorney and one of the judge's on the appeals panel was...um...kinda mind-blowing.

As Constitutional law expert John Bonifaz of Free Speech for People, the group representing the voter challengers, summarized on Twitter yesterday: "'Let's say you want to run for office at 12 years old, or something like that,' Judge James Wynn said. 'The state can't do anything? You've got to wait until Congress says they can't run?' Cawthorn's counsel: Yes, the state has no role + must allow that 12 year old on the ballot." Even that snippet doesn't do this hearing justice. We break the whole thing down for ya today.

Then, as we try to get caught up on a bunch of stuff that's been buried by larger stories (in Ukraine, at the Supreme Court) this week, a new memoir by Trump's last Defense Secretary, Mark Esper, claims that Trump wondered why the military couldn't just shoot Black Lives Matter protesters in the street.

Finally, Desi Doyen joins us for our latest Green News Report, as unprecedented heat in South Asia is now "testing the limits of human survivability" and much more, including even some good news on Denmark going all-electric...

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We had a very lively call-in show today on The BradCast, as we stacked the deck with folks who disagree with me, in response to my calling out those, particularly on the (supposed) Left, for forwarding Kremlin propaganda (including at on our own flagship station, KPFK, here in Los Angeles), over our public airwaves, amid Russia's deadly and grotesque war and war crimes against Ukraine. [Audio link to full show is posted below this summary.]

Before we get to that and to a bunch of callers on that topic...The midterm primary season gets under way in earnest this week --- with Ohio and Indiana voters holding Election Day tomorrow. So, we've got a few quick words on that, and on the gerrymandered U.S. House District map that Republicans have managed to keep in play this year, even though it was found --- four times to date! --- to be in violation of the Ohio state Constitution by its state Supreme Court. But, as we discussed in detail last week, the GOP's packed federal courts allowed the even more gerrymandered map drawn after 2010 to be used once again in this year's election, as Ohio's GOP-majority Redistricting Commission purposely ran out the clock on drawing new legal maps following the 2020 Census.

Then, it's on to our main topic: Namely, Russia's ongoing military invasion of its sovereign neighbor and the propaganda help Vladimir Putin is getting from some on the far-Left in this country who are lying and/or misinformed about it all. Hopefully, via at least some of the calls from listeners today, we straighten out at least some of what happens to be Kremlin propaganda and what is not.

It remains unclear some on the Left --- who claim to be anti-war (like us), who were critical of the U.S. when we were the empire invading a sovereign nation (as we were) --- are now having such a difficult time condemning Russia for doing the very same thing. Our anti-war position has been both accurate and consistent. As you'll hear on today's program, at least a few of our listeners seem to have a problem with that sort of consistency, choosing to blame the U.S. for Russia's war.

Today's lively conversation also comes as new polling from WaPo/ABC finds huge, bipartisan majorities of Americans support Joe Biden's actions in Ukraine, including his vow to keep American troops out of the conflict, sanctions against Russia; and sending defensive weaponry, humanitarian and economic aid to Ukraine. Despite that, in the very same poll, only a minority of Americans say they support Joe Biden's actions in Ukraine! Ya know, the same ones they previously said in the very same poll that they supported. Seriously. So, what's going on here? We open the phones to callers to try and help us understand that puzzle as well today.

Among the lively calls, several who try to forward more Russia propaganda on Ukraine (it didn't go well), and one who seemed disappointed, oddly enough, that the U.S. was trying to stay out of the direct conflict in hopes of avoiding a nuclear World War III.

As noted...a lively, but also kinda crazy program today with a lot of callers both fun and "fun". So we expect you may enjoy it!...Or you won't...

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We open up the phones on today's BradCast for a bunch of very good calls, including from a teacher who was back for in-person instruction today for the first time in a year here in Los Angeles; a gun supporter who isn't insane, though we bicker a bit on his actual level of support for democracy as we succeed in finding some common ground; and a caller who survived a mass shooting in Oregon in 2013, among a number of other excellent calls from listeners today. [Audio link to full show is posted below.]

But first up today, before we get to the phones...

• Some genuinely not divisive news (at least I think) regarding the first controlled flight of an aircraft on a planet other than Earth (that we know of). The Ingenuity helicopter alit above Mars today for its first test flight after arriving at the red planet hitched to the Perseverance rover. The flight was about 39 seconds in all, and traveled about 10 feet before landing at the newly-christened "Wright Field" on Mars, so named in honor of the Wright Brothers whose own first flight at Kitty Hawk, NC in 1903 was memorialized with a piece of wing fabric from the wings of that historic flight carried aboard the Ingenuity copter.

• In only slightly more divisive news, President Biden made it official today, announcing that all adults over the age of 16 are now eligible for COVID vaccine shots in all 50 states (as well as D.C. and Puerto Rico). The date for that nation-wide rollout, announced two weeks ago, was moved up from Biden's originally planned deadline of May 1. The news also comes the day after the CDC announced that just over 50% of U.S. adults have now received at least one COVID shot, with 32.5% now fully vaccinated.

• Next, if you're having trouble keeping up with the spate of one-after-another mass shootings of late, you're not alone. We try to get you all caught up on all of these horrific, arguably avoidable massacres today, including two that each took place over the weekend and took three lives each (one shooting was in Kenosha County, WI and the other, allegedly by a former police detective, in Austin, TX, a state which has seen at least three such incidents over the past month), as well as the latest news following the shooting by a 19-year old at a FedEx plant in Indianapolis that killed eight. In that case, the shooter had been visited last year by police after his mother called with concerns that he might commit "suicide by cop". His pump-action shotgun was confiscated under Indiana's red-flag law which allows officials to take weapons from someone considered to be a danger to themselves or others. But, somehow, the alleged shooter, who killed himself at the scene last Thursday, was able to legally purchase two semi-automatic rifles later last year anyway.

  Not that any of it matters, as long as NRA-funded Republicans, including Indiana's U.S. Senator Todd Young, are willing to pretend that this is a "mental health" issue (even as his party has spent the past decade trying to take such health care away from tens of millions of Americans) as opposed to a guns availability issue.

  In all, there were at least 9 such mass shootings over the past month, in Georgia, Colorado, Maryland, California, South Carolina, Texas, Indiana and Wisconsin. And yet, Republicans in the U.S. Senate, still doing the bidding of the terrorist-loving NRA, still refuse to allow any votes in the U.S. Senate on any gun safety measures. That includes even the lowest hanging fruit, such as closing background check loopholes which is even supported even by some 90% of NRA members (if not by their corrupt leadership).

• Finally, we had so many folks calling in on all of the above, that I threw over my plans to discuss the outrageous and violent attacks on journalists (and their First Amendment rights) by the Minnesota State Police in Brooklyn Center, MN, where protests continue on the heels of last week's killing of Daunte Wright, a black motorist during a routine traffic stop, by a 26-veteran cop on the local police force.

  As noted, tune in today for some great calls --- all of which remained shockingly civil and arguably constructive --- from the teacher, the gun supporter, the mass shooting survivor and many more...

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On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

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