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Latest Featured Reports | Friday, April 4, 2025
'Mob Boss' Trump's Global Trade Sanctions Tank U.S., World Markets: 'BradCast' 4/3/25
So, what's their real purpose? Why did he leave out Russia? How does this idiocy end?; Also: Good news for voters from fed judges in PA, TX...
'Green News Report' 4/1/25
  w/ Brad & Desi
Amid mass layoffs, nation's weather forecasters still at it, as extreme storms return; Trump cuts halt pollution, climate research; PLUS: Admin freezes funds to plug toxic, abandoned wells...
Previous GNRs: 4/1/25 - 3/31/25 - Archives...
Dems Step Up: Crawford Landslide in WI; Booker Makes History in U.S. Senate: 'BradCast' 4/2/25
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
Judge Dismisses Long-Running Challenge to GA's Unverifiable, Insecure E-Vote System: 'BradCast' 4/1/25
Guest: Plaintiff Marilyn Marks; Also: Mass layoffs at HHS; Booker's record-breaking 'filibuster'...
'Green News Report' 4/1/25
  w/ Brad & Desi
Trump Admin to dismantle FEMA ... in the middle of hurricane season; Trump/DOGE to cut coal mine safety offices; PLUS: Repub Congress reverses landmark methane pollution fee...
Previous GNRs: 3/31/25 - 3/25/25 - Archives...
Bad Court and Election News for Trump is Good News for America: 'BradCast' 3/31/25
Court ruling against Admin; LA voters reject GOP; Musk tries to buy WI, FL elections; Also: U.S. absent after Myanmar quake; Callers ring in...
Sunday 'Great Start!' Toons
THIS WEEK: If only someone would send us a SIGNAL! ... Plenty of 'em, in our latest collection of the week's best toons!...
Vets Push Back at Trump, Musk Plan to Slash Health Care, 80K V.A. Jobs: 'BradCast' 3/27/25
Guest: Former Rep. Max Rose of VoteVets; Also: Stefanik nomination withdrawn amid Trump, GOP fears of special election losses...
'Green News Report' 3/27/25
  w/ Brad & Desi
Trump Admin omits climate change from U.S. National Threat Assessment; EPA's deadly rollback of air and water pollution rules; PLUS: SCOTUS kills landmark youth climate lawsuit...
Previous GNRs: 3/25/25 - 3/20/25 - Archives...
Signal Scandal Worsens for Trump, GOP; Big Dem Election Wins in PA: 'BradCast' 3/26
Also: Musk tries to buy WI, FL elections; Trump's attempted election Exec Order 'power grab'...
'Green News Report' 3/25/25
More wildfires in Carolinas as Trump dismantles FEMA; Melting glaciers threaten global water supplies; PLUS: Fossil fuel industry is ready for payback...
USPS 'Belongs to the People, Not the Billionaires': 'BradCast' 3/24/25
Guest: American Postal Workers Union Prez Mark Dimondstein; Also: Journos sue to restore VOA...
Sunday 'Suddenly Conceivable' Toons
THIS WEEK: Kremlin Call ... Court Gestures ... Voiceless America ... Show Toons! ... And more! In our latest collection of the week's most imaginable toons...
'Green News Report' 3/20/25
Greenpeace ordered to pay hundreds of millions to fossil fuel co.; WMO climate report documents spiraling climate; PLUS: China unveils EV battery that charges in 5 mins...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
[+] GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
[+] The Secret Koch Brothers Tapes...


With Brad Friedman & Desi Doyen...
By Desi Doyen on 5/19/2022 11:11am PT  


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IN TODAY'S RADIO REPORT: U.N. warns four key climate change indicators broke new records in 2021; Cutting air pollution from fossil fuels would save 50,000 lives a year in the U.S.; New initiative invests $242 million for clean energy in ten developing countries; PLUS: National forests forced to close as wildfires rage... All that and more in today's Green News Report!

GNR's now celebrating 14 YEARS of independent green news, politics, analysis, snarky comment and connecting climate change dots over your public airwaves!
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IN 'GREEN NEWS EXTRA' (see links below): US traffic deaths soar to highest total in 16 years; Australian Greens hope election focus on climate will bring their biggest ever representation; The small, local GA election with major climate significance; Air Pollution Can Mean More, or Fewer, Hurricanes; EV sales see exponential growth curves; Environmental groups oppose extending life of CA nuke plant; Carbon Dioxide pipelines are going dangerously unregulated... PLUS: Vast swath of US at risk of summer blackouts, regulators warn... and much, MUCH more! ...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 4/14/2022 10:57am PT  


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IN TODAY'S RADIO REPORT: Catastrophic rains and floods cause widespread devastation, kill hundreds in South Africa; Biden waives summer ban on ethanol to combat high gas prices; U.S. wind energy hits a new milestone; PLUS: The climate crisis is supercharging hurricane rainfall... All that and more in today's Green News Report!

GNR's now celebrating 14 YEARS of independent green news, politics, analysis, snarky comment and connecting climate change dots over your public airwaves!
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IN 'GREEN NEWS EXTRA' (see links below): 'Historic': Global climate pledges could keep heating below 2C; Poll: Americans overwhelmingly support 6 Biden proposals to fight climate change; How electric buses reduce toxic exposure for kids; Maryland just passed one of the most aggressive climate laws in the US; EV World Record: Mercedes Benz car hits 621 miles on single charge; Researchers link silica dust directly to severe black lung disease; U.S. warns newly discovered malware could sabotage energy plants... PLUS: The real threat to bald eagles (hint: it's not wind turbines)... and much, MUCH more! ...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 4/7/2022 11:02am PT  


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IN TODAY'S RADIO REPORT: Lawmakers blast Big Oil CEOs for using wartime profits to enrich investors; Europe moves to ban Russian coal; EPA to finally ban deadly asbestos; PLUS: More destructive storms are causing more power outages, costing taxpayers more money... All that and more in today's Green News Report!

GNR's now celebrating 14 YEARS of independent green news, politics, analysis, snarky comment and connecting climate change dots over your public airwaves!
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IN 'GREEN NEWS EXTRA' (see links below): This battery could freeze solar and wind energy for months; As Russia's War In Ukraine Disrupts Food Production, Experts Question the Expanding Use of Cropland for Biofuels' High risk, small reward: Regulators should tread carefully when reviewing utility hydrogen proposals; Supreme Court Revives Trump-Era Environmental Regulation; Researchers Find Microplastics Deep In Lungs Of Living People';US To Boost Water Supplies Hit By Climate Change; Zoos Hiding Birds As Avian Flu Spreads In North America... PLUS: UN warns Earth 'firmly on track toward an unlivable world' ... and much, MUCH more! ...

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Also: GOP's KBJ confirmation idiocy; KY's anti-marriage equality clerk finally found guilty; 23,000 mail ballots rejected under new TX law...
By Brad Friedman on 3/22/2022 6:47pm PT  

There were a surprising number of callers into yesterday's program who seemed to believe that if the U.S. simply left Ukraine to its own devices, somehow there wouldn't be a massive genocide and destruction of the Ukrainian state by Russia, and that it wouldn't somehow lead to WWIII. Those callers are wrong, I'm sorry to say. And I'm even sorrier that many of them are on the left. On today's BradCast we spend some time explaining how many have come to misunderstand a lot of bad and (often purposely) misleading information out there, and how deeply-ingrained (and well-justified!) anti-war sentiments against the U.S. war machine are now ill-serving some on the supposed left now that Russia is the actual aggressor. We also cover several ongoing fights for our own struggling democracy here at home --- in the U.S. Senate, at SCOTUS, and in both Kentucky and Texas. [Audio link to today's show is posted below this summary.]

Among the many stories covered or referenced today...

  • A quick review of Day 2 of Judge Ketanji Brown Jackson's confirmation hearings in the U.S. Senate, where Republicans are spending their time questioning the first black female nominee to the U.S. Supreme Court as a way to improve their own electoral ambitions and/or nab an appearance on Fox "News". ("Do you believe babies are racist, Ms. Jackson?") Since we don't care to privilege the lies, we don't spend much time on that idiocy, though there were some important exchanges with some of the Democratic Senators, including Jackson's thoughts on the importance of respecting long-settled issues of law and civil rights. That, as the GOP's current stolen, packed and bought majority on the High Court begins dismantling decades of well-established and critical legal precedents.
  • Then, some thoughts on some of our callers and emailers on yesterday's program, when we opened the phone lines up to listeners on why they believe President Biden's approval ratings remain low, even as his actions in response to Russia's barbaric attack on Ukraine are so wildly popular among Americans of all parties. We discuss why we believe those callers who want the U.S. to stop supporting Ukraine are deadly wrong about that, and why an emailer who cites Putin's pretext about "de-Nazification" in Ukraine has been wildly misled.
  • That conversation also includes some audio from an interview with a Rabbi in Odesa by NPR's investigative correspondent in Ukraine, Tim Mak. He is told by Rabbi Avraham Wolf, during the interview in a synagogue built by his wife's great great grandfather in 1898, that he believes talk about Nazis in Ukraine is "stupid" and that he has "never in 30 years" experienced any anti-semitism in Odesa.
  • The conversation on all of this also includes this weekend's remarks on ABC News from the courageous Marina Ovsyannikova, a producer at Russia's state-run Channel One, describing her "spontaneous decision" to appear on air with a "NO WAR" protest sign during a news report recently. "I could see what in reality was happening in Ukraine, and what we showed on our programs was very different from what was going on in reality," she explained on Sunday following her arrest, as she still faces a potential 15 years in prison under Putin's new censorship law. While she claims that most Russians oppose Putin's "gruesome war," Ovsyannikova determined that her televised protest might "show to the Russian people that [the state-run media outlet's reports were] just propaganda, expose this propaganda for what it is and maybe stimulate some people to speak up against the war."
  • Then, it's back to our own faltering democracy in the U.S., but with a bit of long-awaited good news for a change. After seven years of delays in court --- thanks to a well-moneyed far-right legal outfit --- Kim Davis, the infamous and Fox-famous Rowan County, Kentucky Clerk who cited "religious beliefs" for her refusal to issue marriage licenses after SCOTUS established the right to marriage equality in 2015, was finally found to have violated the law. In a lawsuit filed by several couples who were refused licenses to marry, a George W. Bush-appointed federal judge held that Davis "cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official.” A jury will determine the financial penalty for Davis, who lost her re-election bid in 2018. Of course her wingnut attorneys will attempt to appeal all the way to the U.S. Supreme Court (even though they already rejected one of Davis' previous arguments...at least before Republicans stole their 6 to 3 majority on the High Court.)
  • In far less encouraging news, an AP analysis has determined that some 23,000 absentee voters in Texas' first-in-the-nation 2022 mid-term primaries on March 1, had their ballots rejected and never counted. AP finds roughly 13% of mail ballots were discarded under the TX GOP's new voter restriction law, SB 1, that they claimed would make it "easier to vote and harder to cheat". That, compared to the 2% of mail ballots that were rejected during the state's previous mid-term primaries in 2018. Thousands of voters in both Republican- and Democratic-leaning counties alike were disenfranchised under the first election held under the new law, though rejection rates were slightly higher in larger, more Dem-leaning counties. Mail voters in Harris County (Houston), for example, saw a gobsmacking rejection rate of 19%! In the weeks and months ahead, primaries will be held in some 17 other states where Republicans have passed new laws making it harder to vote in response to Donald Trump's evidence-free claims of massive fraud in the 2020 election.
  • Finally, and also speaking of Texas, Desi Doyen has our latest Green News Report, with out-of-control climate change-fueled wildfires spreading across the Lone Star State; unbelievably warm and unprecedented simultaneous extreme heat waves at both the North and South poles, and how KBJ's Senate confirmation reminds us yet again that elections (and voting!) have critical consequences...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: 30-year Florida elections Supervisor Ion Sancho; Also: More signs of new COVID variant rising; Russia's war crimes against Ukraine continue; Fox 'News' journalists killed while reporting on war...
By Brad Friedman on 3/15/2022 7:11pm PT  

As difficult as it has historically been to recruit competent, non-partisan election officials and pollworkers, a new survey suggests its about to become much worse. As we discuss in detail on today's BradCast, that is thanks, in no small part, to persistent threats by Trump's MAGA Mob against local election officials in the wake of his Big Lie that the 2020 election was stolen from him. It's made even worse by state GOP officials translating that lie into new laws that further undermine America's democratic experiment. [Audio link to full show follows this summary.]

But FIRST UP today, a quick follow up underscoring our reporting on yesterday's program, warning about the rise of a new COVID variant (known as BA2, or "stealth Omicron" or "Deltacron") that many seem to be wanting to imagine away. Also several quick updates on the latest news from Russia's relentless bombing and war crimes against Ukraine, as peace talks inch forward, and as at least two Fox "News" journalist are confirmed to have been killed outside of Kyiv.

THEN, on to our main story today. In recent months, Reuters has been unfolding a series of excellent investigative reports on the various, horrific threats issued against election officials by those who bought into Trump's evidence-free claims that the 2020 election was stolen. But GOP state lawmakers have been ignoring those menacing threats and using the Big Lie to create actual legislation allowing them to purge dedicated, non-partisan election officials --- including Republicans seen as not Republican enough --- from their roles and replacing them with partisan operatives.

Brennan Center's recent survey of local election administrators finds that, more than a year after the Trump-incited attack on the U.S. Capitol, one in six officials say they "have experienced threats because of their job." More than half of respondents are "concerned about the safety of their colleagues"; 30 percent "know of one or more election workers who have left at least in part because of fear for their safety, increased threats, or intimidation"; and, perhaps most troubling, 20 percent of them now plan to leave their jobs before the 2024 election, with many "citing political leaders’ attacks on a system they know is fair and honest as one of their top reasons for leaving."

Meanwhile, many officials who would like to continue in their jobs are being pushed out thanks to new laws allowing partisan County Commissions in Georgia, for example, to replace longtime Board of Elections officials like Georgia's civil rights icon Helen Butler (who we interviewed about this late last year) in Morgan County, and 27-year Floyd County Board of Elections veteran Vanessa Waddell, who, with the entire Board in the deeply Republican County, was removed from her post, as documented by WaPo yesterday. That, even after she successfully oversaw last year's U.S. Senate runoff elections in the state amid persistent death threats that resulted in some officials in her office deciding they needed to come to work with pepper spray and stun guns to stay safe.

Leon County, Florida's now-retired 30-year veteran Supervisor of Elections, ION SANCHO, is furious about all of this. He joins us today to discuss these growing threats to our teetering American democracy. Sancho, who retired in 2016, is one of our nation's great election officials. He was so well-regarded by his peers, of all political persuasions, that he was tapped to oversee the wildly contentious and eventually-aborted 2000 Presidential recount in Florida. He was also a central figure in HBO's landmark, 2006 Emmy-nominated documentary, Hacking Democracy, detailing the first public hack of a computerized voting tabulator.

What is going on today, he explains, makes him both angry and deeply concerned about American democracy. "Election officials all over the country, irrespective of partisan affiliation, have been tragically attacked because of our ex-President's lie. The most horrible lie about our elections, frankly, in my lifetime," he tells me, adding that it makes his "head explode".

"It's not being dealt with at all. That's why election officials are subject to the most vile attacks, because the supporters --- the cultists, if you want to call them that --- believe that election was stolen, and this is such a bald-faced lie. It's a tragic lie. It's a stupid lie. And it demonstrates the ignorance of the American citizenry about our elections."

Sancho argues that "we are in the process of destroying a model of non-partisan election administration that has taken decades to build."

"Most election officials are administrators, not activists, not individuals who are used to dealing with the political process, except as standing away from it and facilitating elections. We take oaths to be non-partisan," he continues. "One of the proudest moments of my life was the creation of helping write the standards of codes and conduct for the Elections Center, to apply to all national election officials, putting loyalty to the principles of fair and honest elections over anything else."

Of course, over The BRAD BLOG's nearly 20 years of reporting on elections and voting processes and vulnerable computerized voting and tabulation systems --- much of which Sancho has followed closely over those years --- we've had our own fair share of criticism for some election officials (not to mention almost every voting system vendor). Some of that has resulted in occasional criticism that we are "attacking" election officials or pollworkers ourselves. So, how is our attempt to hold feet to the fire any different from what Sancho sees coming from the American MAGA Right?

"The difference is that you are focusing on specific issues of provable fact," Sancho responds. "That's different than the kind of criticism that we have right now. Your criticism doesn't threaten the democratic experiment. And where we find ourselves now is that the great American experiment, our democracy, is being threatened. It's being destroyed by individuals who would rather believe a narcissistic liar than understand the truth."

Sancho has MUCH more to say on all of this, including thoughts on new legislation heading to Florida's Republican Governor and Presidential hopeful Ron DeSantis that would give him what Sancho describes as "the Governor's private police force on elections."

"That's part of the intimidation," he argues. "Now we're seeing a secret police in the state of Florida for elections. Florida is, unfortunately, one of the leaders of this effort nationally to change non-partisan fair elections into something else."

Sancho concedes "it's hard for me to see how we get around this," though he does offer at least some ideas for solutions to find our way out of this nightmare, including laws to specifically prevent threats against election administrators. "It should be illegal to threaten an election official for the purposes of intimidating them from doing their job and counting the votes. That should be illegal, and it is not."

"We've got to turn this around," Sancho insists. "ALL legal citizens should have the right to vote accessibly, and have that vote counted as they intended, and then we should audit the elections to confirm the validity of that election. That's as simple as it can be, and yet we're very far away from that, as you know."

"What were supposed to be laboratories of democracy," he charges, are now "50 citadels of repression." As suggested, we think Sancho is an American hero. He's on fire today and, as ever, worth tuning in to hear in full.

Finally, Desi Doyen joins us for our latest Green News Report today, with bad news for climate changed Australia and our global fossil fuel dependence, highlighted yet again by Russia's war on Ukraine. She also has a bit of good news for breathers, however, as President Biden's EPA announces critical new regulations on smog and vehicle emissions that will save thousands of American lives...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Guest: Legal reporter Mark Joseph Stern on KBJ, the EPA, dark money in the federal judiciary and much more; Also: Latest good-ish news and bleak news out of Ukraine...
By Brad Friedman on 3/3/2022 6:34pm PT  

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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: New IPCC Report warns we're out of time to adapt to climate change; SCOTUS aims to kill the EPA; Callers ring in on Russia/Ukraine horror...
By Brad Friedman on 2/28/2022 6:44pm PT  

It was a very lively BradCast today, even amidst horrible times. So there's that. [Audio link to full show is posted below.]

First up, Desi Doyen joins us for a too-brief summary of the latest report, issued today, by the U.N.'s Intergovernmental Panel on Climate Change (IPCC), warning that the world is running out of time to prevent the worst effects of climate change and even our ability to adapt to it. The new report is almost 4,000 pages, but at least she gets several minutes to explain all of it!

Similarly, we briefly discuss oral argument at SCOTUS today in which the Republicans' stolen and packed Court majority has, virtually out of the blue, decided to hear a challenge to Barack Obama's Clean Power Plan, even though it was never even implemented. The point here, by the newly far-right Court, is clearly to gut the Environmental Protection Agency (EPA)'s regulatory power, despite meeting their mandate for decades to institute regulations that protect the environment and Americans within it. This latest gambit by the Court is akin to their recent move that blocked OSHA's ability to regulate safety in the workplace with a vaccine mandate. Make no mistake: The U.S. Supreme Court is gutting Executive Branch agencies ability to do their job. It is the final step of the GOP's long effort to "deconstruct the administrative state," as many, such as Steve Bannon, have long vowed.

Next, it's on to the latest news in Russian President Vladimir Putin's horrific, appalling, inexcusable war on 41 million innocent men, women and children in Ukraine, after he issued yet another veiled threat over the weekend to use nuclear weapons.

On the upside, peace talks between Ukraine and Russia took place over the past 24 hours, and are on pause as the representatives from both sides take early results of discussions back to their capitals.

In the meantime, the world, at least the western world, continues to unify in opposition to Russia's aggression. The U.S. and 27 EU nations continue to institute more and more crippling financial sanctions against Russia, its banks, companies and oligarchs, despite the considerable costs that will be borne in response by those nations. Many of them, including the U.S. are also sending more weapons to help Ukrainians defend themselves from a slower-than-expected, but still very deadly, assault by Russia, including with the use of cluster munitions deployed to densely populated urban neighborhoods. Germany is upping its commitment to NATO. Finland is considering joining. Even Switzerland(!) has reversed decades of neutrality to freeze Russian assets. Oil companies BP and Shell have announced they are dumping their considerable stakes in Russia's state-owned oil and gas companies (though we're still waiting on Big Oil companies in the U.S. to do the same.) The NYSE and Nasdaq announced they are halting trading of Russian-owned companies.

Russia's appalling aggression has, it seems, united much of the free world against them. So why are there actually some on the American left --- the theoretically anti-war left --- who seem unable to condemn Russia for their unprovoked atrocities? Even some folks who listen to this program?

We have covered in detail many of the legitimate complaints Russia has long had against NATO and the U.S. We have long been, in fact, sympathetic to many of those complaints and have been critical of overly-hawkish Democrats (and Republicans). But when one nation launches a massive, deadly assault on a sovereign neighbor that posed absolutely no threat to them, all bets are off. Any benefit of doubt goes out the window. At least until they call off the attacks and withdraw their troops.

As we noted last week after Russia began their assault (and again on Twitter over the weekend) we oppose naked aggression by nuclear-armed superpowers, whether its the U.S. attacking Iraq or Russia attacking Ukraine. This is an easy call.

Nonetheless, we share some email today in response to that position (which seemed fairly uncontroversial, especially for a largely progressive audience) and open up the phone lines today to a bunch of callers to try and find out why some on the supposed "anti-war left" are having trouble with that idea.

Among today's lively discussions with callers, the truth about Russia's misleading claims about "denazifying" Ukraine (there is an ultra-nationalist faction there, but they have no seats in Parliament, and by the way, Ukrainian President Volodymyr Zelenskyy is Jewish and lost several family members to Nazis during WWII) and one caller who simply can't even find it within himself to condemn Russia's horrific attack on 41 million innocent people in Ukraine. (Though, to be fair, I couldn't tell you if the caller is actually on "the left" or not)...

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With Brad Friedman & Desi Doyen...
GNR's 13th ANNIVERSARY!
By Desi Doyen on 2/17/2022 11:05am PT  


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

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

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Guest: Adrian Martinez of EarthJustice; Also: Senators alarmed by unknown CIA data collection program; Musk readies his 'Starship'...
By Brad Friedman on 2/11/2022 6:07pm PT  

No. The BradCast is not letting this one go. [Audio link to full show is posted below.]

As we discussed in some detail last week, the U.S. Postal Service, under the corrupt direction of Donald Trump's still-in-his-post-for-some-reason Postmaster General Louis DeJoy, is about to spend more than $11 billion to replace the Service's mail delivery truck fleet. Based on an absurdly (and, as our guest today argues, purposely) flawed economic and environmental study, the USPS will be purchasing 165,000 new delivery trucks with just 10% of them being fully electric. The rest will burn at least 110,000 gallons of fuel each year (and likely much more), getting just over a ridiculous 8 miles per gallon --- or as much as 14 when the AC is turned off!

That means, as our guest recently wrote, the new trucks, comprising about 30% of the federal government's automotive fleet, will burn through "a jaw-dropping 2 to 4 billion gallons of fuel" over their expected 20-year lifetime. All of this in the middle of a dangerously worsening climate crisis for the planet and as President Biden is vowing to drastically cut greenhouse gas emissions over the next decade.

Last week, the EPA and White House Council on Environmental Quality wrote a letter to the USPS, objecting to the plan and essentially begging the quasi-independent Executive Branch agency to review their flawed environmental analysis to consider electrifying the entire fleet instead.

DeJoy, meanwhile, is claiming they can't afford to do that, despite being flush with more than $20 billion in pandemic cash from the federal government. And the Postal Service PR team is busy greenwashing all of this as "real sustainability" for "a cleaner world", as their website explains how they are "updating our fleet with fuel-efficient vehicles to help do our part." How do they make such an absurd claim? Well, the new fleet, as it turns out, will be 0.4 miles per gallon more efficient than the existing fleet that's been in use since the 1980s!

As if all of this isn't obscene enough, earlier this week, VICE's Aaron Gordon reported that the newly designed gasoline-powered trucks, estimated to clock in at 8,501 pounds with mail on board --- "almost double the weight of the current USPS delivery vehicle" --- means they will avoid the EPA's new fuel efficiency standards for "light duty" trucks, which are limited to, as luck would have it, 8,500 pounds! If they were just .01 pound lighter, he reports, they would likely be illegal.

Yes. It is all as outrageous --- and insane --- and corrupt --- as it sounds.

We're joined today by ADRIAN MARTINEZ, Senior Attorney for EarthJustice, a non-profit environmental law group where he works on clean air, clean energy, and other environmental justice issues. Martinez details more evidence of how the USPS environmental study appears to have been purposely "flawed, and took every effort to make internal combustion gas-guzzling trucks look good and electric vehicles look bad," to justify buying nearly 165,000 polluting vehicles at this critical moment.

"The environmental analysis assumes that gas will be $2.50 a gallon in 2040," he explains. "You can barely find a place in the country where it is $2.50 a gallon now! But they assume gas prices will remain low. And so what that does is it makes their calculations for the total cost of ownership of a gas-guzzling truck look better than it should be. They did this on a range of different issues and it really resulted in an analysis that was faulty and reckless, to be completely candid."

"To call these vehicles 'fuel efficient' is laughable," Martinez tells me. "There is nothing sustainable about this decision. In fact, it's the opposite. We're in 2022, and having to have this debate is just absurd."

Of course, the Postal Service is doing its best to avoid this "debate" entirely. Both the EPA and the state of California have asked the Service to hold public hearings on the matter, before they purchase tens of thousands of new gas-powered trucks from Wisconsin-based military contractor, Oshkosh Defense (maker of heavy-duty armored vehicles.) To date, they have not agreed to public hearings or to even take public comment. Martinez says that his organization has collected more than 20,000 public comments to give to the Service, which told them over the weekend "we're not accepting comments on the environmental document at this time."

Martinez has much more today on the "brazen" responses from the USPS under DeJoy's command, which is apparently also ignoring a recent letter from 16 U.S. Senators similarly asking them to electrify the fleet. We also discuss why the hell DeJoy is still in his job at all, and what you and the rest of the public can do about all of this. (Desi also has an interesting idea along those lines as well.) If all else fails, Martinez suggests, there are legal options that his group and others are likely to take in court under the National Environmental Policy Act (NEPA).

Also today, two other items of note. Only one of them is really disturbing. A newly developing story broke last night based on a (partially redacted) letter to the CIA Director and the Director of National Intelligence, from Senators Ron Wyden (D-OR) and Martin Heinrich (D-NM), released late on Thursday night. The letter suggests there is some sort of very troubling data collection going at at the CIA. The unredacted portions cryptically describe a "secret bulk collection program" that "has been kept from the public and from Congress" and that is "entirely outside the statutory framework that Congress and the public believe govern this collection, and without any of the judicial, congressional or even executive branch oversight that comes with [Foreign Intelligence Surveillance Act] collection."

What does that all mean? We don't yet know enough yet for certain to tell ya. But it seems worth noting, as I would expect more on this story to develop in the days ahead.

And, finally, we close with some news --- with an excellent Bowie tune to go with it --- about how we are all getting just a little bit closer to being able to escape this increasingly unlivable planet one day for good. That said, the options out there in the universe aren't yet particularly appetizing. So, it would be much better to electrify the mail delivery fleet instead!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 2/10/2022 10:51am PT  


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IN TODAY'S RADIO REPORT: Climate scientists rebuke Big Oil's decades of denial during House Oversight hearing; Disturbing new studies find hot oceans are our 'new normal'; One third of Americans already facing above-average warming; PLUS: Biden White House announces another major new EV manufacturing plant for the U.S.... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Is the CA coalition fighting subsidies for rooftop solar a fake grassroots group?; Why this could be a critical year for electric cars; The slides that shook Boris Johnson out of climate change denial; With new climate strategy, Army aims to prepare soldiers for harsher environments; Comedian Dave Chappelle forces town to abandon affordable housing plan; Feds will spend $1 billion to spur farmers and ranchers to fight climate change; Millions facing severe hunger in Horn of Africa; How billions in infrastructure spending could worsen global warming... PLUS: Nuclear fusion heat record a ‘huge step’ in quest for new energy source... and much, MUCH more! ...

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US v. ISIS; Omicron falling, deaths rising; Good swing-state redistricting news; Biden EPA applying brakes on DeJoy's insane, corrupt USPS gas-powered delivery truck boondoggle...
By Brad Friedman on 2/3/2022 6:30pm PT  

Like the Energizer Bunny, the stories on today's BradCast are still going and going and going... [Audio link to full show is posted below this summary.]

Among them...

The Never-Ending "Global War on Terror": An overnight, on-the-ground U.S. special forces led raid on a house in northwestern Syria is said to have taken out the latest leader of ISIS, along with more than a dozen others, including six children. We share what we know via sources from Al Jazeera to New York Times to President Biden.

The Never-Ending Coronavirus: As quickly as it spiked, Omicron is now falling in almost every state in the nation. But COVID deaths are still on the rise (averaging about 2,600 per day) and hospitals are still up against it. Almost all entirely thanks to the unvaccinated who are now 60 times more likely to die from the disease than those who have received their shots.

The Never-Ending Assault on Democracy: Following the good redistricting news yesterday out of New York state, more good news today from the critical swing-state of Pennsylvania, where the state Supreme Court has jumped into the redistricting fight between the Keystone State's Democratic Governor and its (gerrymandered) Republican state legislature. The 5-2 Dem majority state Supremes have determined they will have the last word on new maps soon and that's likely good news for American democracy.

The Never-Ending Madness of DeJoy's USPS: It's insanity really. It's also wildly corrupt. Donald Trump's still-in-his-position-for-some-reason Postmaster General Louis DeJoy is overseeing a massive Postal Service contract to purchase 165,000 new mail delivery trucks to replace its aging, 30-year old fleet, which averaged 10 miles per gallon. Instead of moving to all-electric vehicles, the $11.3 billion purchase with a Wisconsin-based defense contractor (for some reason) will consist of 90% gasoline-powered trucks for use over the next several decades, despite boasts from DeJoy's PR team that the trucks are more fuel-efficient than the old fleet, with an increase of 0.4 MPG! The Biden EPA is hoping to put the brakes on the independent federal agency. They've found the service's environmental analysis to be wildly flawed and is directing them to start over before replacing a full one-third of the federal fleet with more climate destroying vehicles that will emit the equivalent of 4.3 million gas-powered passenger vehicles over their expected lifespan. The details in WaPo's exclusive on this catastrophic boondoggle illustrate nothing less than mind-bending madness amid our worsening climate emergency.

The Never-Ending Climate Crisis: Finally, Desi Doyen joins us for our latest Green News Report, with bad news on gas stoves and on a massive chemical fire in NC; but good news on the U.S. Interior Department distributing billions of job-creating dollars to states to clean up millions of leaking, toxic, abandoned oil and gas wells across the country, as part of Biden's recently signed infrastructure law...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 2/3/2022 11:01am PT  


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IN TODAY'S RADIO REPORT: Gas stoves are worse for climate and indoor pollution than previously known --- even when turned off; Massive chemical plant fire in North Carolina forces thousands to evacuate; EPA pushes USPS to ditch new gas-powered mail delivery trucks; PLUS: Interior Department gives out billions to states to clean up millions of leaking abandoned oil and gas wells... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): How Manchin used politics to protect his coal profits; Glorified electric golf carts for all!; Warming oceans leave no safe havens for coral reefs; Texas grid wobbles, but is holding in winter storm (so far); Climate change may be fueling increase in major Northeast snowstorms; Ocean layers losing oxygen due to global warming; The 11 slides that finally convinced Boris Johnson about global warming; In the new world of long-duration battery storage, and old technology holds it own... PLUS: Greenflation: The world isn't ready for climate-driven inflation... and much, MUCH more! ...

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Guest: Marcy Wheeler of Emptywheel; Also: WI judge bars all ballot drop boxes; OH Supremes nix GOP-gerrymandered state, U.S. House maps...
By Brad Friedman on 1/14/2022 6:45pm PT  

We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

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By Desi Doyen on 1/13/2022 11:22am PT  


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IN TODAY'S RADIO REPORT: Offshore wind leases are on the horizon for the East Coast; World's oceans were the warmest in recorded history in 2021, for the third year in a row; Weather extremes in Brazil are spiking global food and commodity prices; PLUS: Biden EPA cracks down on toxic coal ash waste pits contaminating groundwater... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Feeling hopeless about the climate crisis? Try this 30-day action plan; New extreme temperature Records set in the U.S. in 2021; Here’s how California plans to spend $37 billion fighting climate change; Energy storage is not just lithium anymore; Communities of color more likely to be exposed to air pollution; Nepal's blossoming honey industry crushed by wild weather; UK Government invites oil companies to help write environmental rulebook; 6 in 10 Americans now 'alarmed' or 'concerned' about climate change; Warming puts key Arctic pipelines, roads at risk; DOE blew $1.1B on carbon capture projects that were mostly failures ... PLUS: The future of fashion is justice and sustainability... and much, MUCH more! ...

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Guest: Slate legal reporter Mark Joseph Stern; Also: Jan 6. Comm seeks McCarthy interview; Fulton County, GA D.A. closing in on Trump...
By Brad Friedman on 1/12/2022 6:39pm PT  

Well, we start today's BradCast with some encouraging news. At least until our guest arrives. [Audio link to full, must-listen show follows this summary.]

First up, the investigators are closing in. In Congress, the House Select Committee investigating Trump's January 6 attack on the U.S. Capitol are now "requesting" an interview and documents from House GOP Leader Kevin McCarthy, centered on his communications with Donald Trump "before, during and after" the insurrection.

Meanwhile, down in Georgia, Fulton County (Atlanta) District Attorney Fanni Willis also appears to be closing in on Trump and his fellow conspirators regarding their attempt to steal the 2020 election in the Peach State. In an interview with AP published on Monday, Willis said her team is making "making solid progress, and she’s leaning toward asking for a special grand jury with subpoena power to aid the investigation." She also believes a decision will soon be made on whether to indict Trump and several others. (Meadows? Giuliani? Lindsey Graham?) “I believe in 2022 a decision will be made in that case,” she told AP. “I certainly think that in the first half of the year that decisions will be made.”

And on Tuesday, MSNBC's Rachel Maddow reported "that attorneys for former President Donald Trump have now met in person with the Fulton County District Attorney's office in Georgia." The meeting reportedly took place last month, around the same time that Trump issued an unhinged, seemingly out-of-the-blue statement that few knew what to make of: "All the Democrats want to do is put people in jail. They are vicious, violent, and Radical Left thugs. They are destroying people's lives, which is the only thing they are good at...their DA's, AG's, and Dem Law Enforcement are out of control." Suddenly, his remarks makes a lot more sense.

Welp...That's about it for today's encouraging news, before we are then joined by the great MARK JOSEPH STERN, legal journalist for Slate on what appears to be Steve Bannon's dream of the "deconstruction of the Administrative State" about to come true.

Last Friday, the U.S. Supreme Court heard oral arguments on challenges to two separate COVID-related Biden Administration mandates. One applies to businesses with more than 100 employees, requiring them all to either get vaccinated or take weekly tests for the virus. The other requires vaccination for all workers at health care facilities that accept money from either Medicaid or Medicare. Both rules were set to take effect as the Omicron surge has led to record pandemic hospitalization numbers. The first was issued by way of regulations from the Occupational Safety and Health Administration (OSHA), the second via the Health and Human Services Administration (HHS). Both are based on authorities granted to the Executive Branch agencies via statutes adopted by Congress. Though none of those statutes, passed years ago, include the word "COVID" in them. So now they are both being challenged by Republican state Attorneys General as unconstitutional over-reaches by the Administration.

Based on tea leaves read during Friday's oral arguments --- with two of the challenging attorneys infected with COVID and arguing remotely --- Stern believes it's possible the employer mandate could survive, but that the health care mandate is likely to be struck down.

But buckle up for today's conversation with Stern about all of this, because these cases are a much much larger than simply about the COVID mandates, even though they are likely to save hundreds of thousands of American lives unless struck down by the Court. These challenges squarely target the so-called "Administrative State" which, as you'll recall, Trump's disgraced Senior Political Adviser Bannon vowed in 2017 that they planned to "deconstruct". That may finally be about to happen, thanks to Trump's stolen and packed Supreme Court.

We dive too far into the legal and Constitutional and political weeds to adequately summarize here, but the argument comes down to who has the Constitutional right to "protect the general welfare" of the citizenry on matters of public health (and much more). Is it Congress, which has no expertise in these matters? Or the Executive Branch agencies created by Congress and filled with such experts? Ironically, the ultimate body who will make this decision is going to be the Judicial Branch, which, like the Legislative Branch also has no expertise in these issues.

All of the COVID mandate challenges are based on legal doctrines such as the "major question doctrine" and the "nondelegation doctrine" (both explained by Stern) which, unlike the General Welfare clause, do not actually appear anywhere in the Constitution at all.

"There is nothing (in the Constitution) that requires these principles, and certainly nothing that gives the federal judiciary the power to decide what the Executive Branch gets to do and not do under Congressional delegations," Stern explains. "All of this stuff has been made up. It was made up a long time ago, and used to block New Deal programs under FDR, then immediately abandoned and discarded for nearly a century. Only in the last few years has it been revived by so-called 'originalists' who are seeking to box in Democratic Presidents and prevent them from issuing any kind of policy."

"We are talking about a really recent revival," he continues. "Because as recently as the early 2000s, the Supreme Court unanimously disclaimed any real version of the non-delegation doctrine, and a majority opinion written by Antonin Scalia [of all people!] basically said 'We don't have any expertise, it's not our job to tell Congress what it can and cannot entrust the Executive to do'. We are only about two decades out from that, and the entire conservative legal movement has turned on a dime and decided that, in fact, the courts have this intense obligation to police the boundaries between these branches, even though there's nothing in the Constitution that permits it, much less requires it."

The Scalia majority opinion in question, which Stern "encourage[s] everyone to read" is 2001's Whitman vs. American Trucking. "It is a very clear explanation of why the federal courts have absolutely no business mucking around in this kind of cooperation and negotiation between Congress and the Executive Branch. Twenty-one years later, everyone has decided to ignore that opinion on the Right and pretend like it never happened."

So, what will it mean if the Court now decides that experts at Executive agencies mandated by Congress to exercise their expertise may not do so? The fallout could be enormous and terrifying and go well beyond COVID and these two cases. By way of one example, Stern notes, next month the Court is about to hear a case where "the Biden EPA wants to restrict carbon emissions at power plants. While federal law gives the EPA vast authority to regulate and restrict all kinds of toxic and harmful emissions from power plants, it doesn't explicitly say 'carbon'. It says the EPA needs to decide what counts, and we will defer to their expertise."

But, Stern notes later in our conversation, "this does not start or stop with carbon. This goes to every toxic chemical on the planet, which Congress simply does not have the time or expertise to list. So, anytime you're thinking about the amount of benzene, or methane, or whatever horrific chemical you want to talk about in the water supply, the air supply, that stuff is regulated by the EPA, not directly by Congress. And if this Supreme Court goes as far as I fear it will, we are going to have a lot more unnecessary deaths because of a horrific amount of pollution that the President is going to be told that he simply cannot curb."

And, yes, even that is only the tip of the melting iceberg. It also goes farther than the EPA, to dozens, if not hundreds of other federal agencies and regulations on labor rights and much more, as Stern details. "But that is what these Justices seem to want, and that is the road that we are already following down," he warns. "We live in a juristocracy, my friend, and we are only just beginning to see the downstream consequences of it."

As noted, buckle up for this one...

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