It's always darling when Republicans pretend to oppose "activist judges" who "legislate from the bench." As discussed on today's BradCast, the new Republican majority on North Carolina's Supreme Court is now showing how it's done! [Audio link to full show is posted below this summary.]

We have been warning for some months about the Moore v. Harper case recently heard at the U.S. Supreme Court. The corrupt, stolen and packed far-right Court majority's opinion could finally establish the legitimacy a once-fringe, still-ridiculous Constitutional concept called the Independent State Legislature theory. According to the theory suddenly being pushed hard by Republicans, State Legislatures --- and only State Legislatures (not Governors, Secretaries of State, State Courts, State Constitutions nor even ballot initiatives adopted by voters) --- may create election rules and laws in each state. If a SCOTUS majority agrees with this radical, previously-obscure reading of the Constitution, decades, even centuries, of American election law could be tossed out the window. The theory even holds, according to critics, that state legislatures would simply be able to choose whichever slate of Presidential electors they like, no matter who the state's voters may have chosen.

Moore v. Harper is actually a partisan gerrymandering case out of North Carolina, where its State Supreme Court last year found the new Congressional and legislative maps drawn by the NC Republican legislature to be in violation of the state's Constitution which, they determined, prohibits partisan gerrymandering. In last November's elections, however, two Republicans won their elections for the state's high court, flipping it from a 4 to 3 Dem-leaning majority to a 5 to 2 Republican court.

After the new, rightwing majority was seated last month, they decided to rehear the Moore v. Harper case despite, as the two dissenting Democratic Justices decried, the fact that doing so would be a "radical break with 205 years of history" and that "Nothing has changed since we rendered our opinion in this case" last year.

"The only thing that has changed is the political composition of the Court," wrote Justice Anita Earls. "Now, approximately one month since this shift, the Court has taken an extraordinary action: It is allowing rehearing without justification." Earls called the decision "an affront to the jurisprudence of this State and to the citizens it has sworn an oath to serve ‘impartially,’ ‘without favoritism to anyone or to the State.’"

In addition, the new rightwing state Justices in NC also decided to rehear the challenge to the GOP legislature's Photo ID voting restrictions which the 4 to 3 Democratic majority, just two months ago, struck down, after finding it to have been adopted with a discriminatory purpose to make it harder for minorities to vote, a violation of the state Constitution.

"This is essentially a brazen power grab by the new majority," our guest today, JOSHUA A. DOUGLAS, author and election law professor at the University of Kentucky explains. "To put this power grab in context," he recently wrote at Washington Monthly, "in the past 30 years, the North Carolina Supreme Court had agreed to rehear only two cases out of the 214 requests it had received. ... The court has now doubled the number of rehearing grants in just one reckless day."

"It's unusual for any court to act this quickly and this brazenly," Douglas tells me. "This really is unprecedented for the North Carolina court, but, as far as I'm aware of, courts in general." He goes on to describe the court's behavior as "dangerous", "blatantly partisan", and "politics all the way down."

"This is why it's dangerous to have elected judges with a party label," he argues. "Everyone knows what's going on here. Everyone knows that the court was 4-3 in favor of Democrats, its 5-2 in favor of Republicans now, because Republicans won two of those seats."

"This idea of precedent, that the law builds upon, is being thrown out when we just think of judges as politicians in robes, explicitly. Even if people had thought this was going on before, I think judges themselves felt a little bit cabined by this idea that they're not just politicians in robes and political activists. But that idea is now thrown out the window."

So, what does this now mean for the version of Moore v. Harper currently at the Supreme Court, where it has already been heard? Will it be mooted out by a new decision in NC or will an opinion be issued on the Independent State Legislature theory anyway? If not, Republicans will almost certainly find another case to place the wacko ISL theory before the court. But a new case, Douglas warns, would likely result in a SCOTUS opinion issued smack dab in the middle of the 2024 election cycle, potentially unleashing complete chaos in the bargain.

NEXT UP TODAY, we heard from a lot of listeners following yesterday's call-in program in which I opened up the phone lines primarily to those who disagreed with my position that the U.S. should continue to support sovereign Ukraine's self-defense against Russia, its imperialist aggressor neighbor whose brutal, unlawful invasion began just over one year ago. Democracy v. autocracy is at stake, as I argued yesterday, despite Vladimir Putin's repeated threats to unleash nuclear weapons. We had a number of callers --- sadly, presumably from the Left --- who have been wildly misinformed and disinformed by a number of media outlets that have, for years, been pushing Kremlin propaganda (sometimes knowingly, sometimes not.)

That said, after yesterday's show, I received a ton of comments --- probably 8, 9, or 10 to 1 --- in favor of my position against the bulk of our callers. To be fair, I had invited and prioritized those who disagreed with my position, in hopes of an enlightening discussion/debate on the issues. But, so as to not give the entirely wrong impression of our overall listeners, I thought it helpful to share some of the comments in response to yesterday's show --- the majority of which were supportive of my position on Ukraine --- on air today.

FINALLY, we're joined by Desi Doyen for our latest Green News Report, as "bizarro" weather continues across much of the nation now that we've broken the climate; and as Republicans amusingly begin to discover --- in light of the toxic chemical train derailment in East Palestine, Ohio which Fox "News" has instructed them to be furious about --- that hey, regulations actually protect the public against this sort of thing! Who knew?...

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Sadly, it's not only folks on the Right who are all too easily played by disinformation, particularly after years of Russian propaganda that has been all too credulously repeated by some media outlets on the far-Left. That may become clear on today's lively, largely caller-based BradCast. [Audio link to full show is posted below this summary.]

Last week marked the one-year anniversary of Russia's horrific, imperialistic invasion of its sovereign neighbor, Ukraine. Some on the Right have begun to call for an end to U.S. financial and military support for Ukraine's self-defense, despite the ominous, all-too-familiar echoes of a new battle for democracy v. autocracy in Europe. At the same time, many in what used to be known as the anti-war movement on the Left have similarly fallen for Kremlin propaganda, thanks to a years-long effort by Moscow to sow disinformation through state-funded media programming and other methods.

One of the most effective arguments fostered by Putin and friends is that if the U.S. and Europe continue to support Ukraine amid Russia's invasion, it could devolve into a nuclear World War III. We discussed that matter specifically last week on The BradCast, with longtime nuclear weapons policy analyst, Stephen Schwartz, former Executive Editor and Publisher of The Bulletin of Atomic Scientists (proprietors of the notorious "Doomsday Clock" and opponents of nuclear weapons.) Schwartz noted --- as we share in a brief clip today from last week's program --- that, even amid the dangers of the Cold War, there was never a time when the U.S. turned a blind eye to an adversary, simply because they were armed with nukes.

As he told me last week...

Schwartz' argument is a compelling one, of course, from someone who has watched the U.S. and Russia closely for decades now. But it is one that, apparently, fails to convince many of our listeners who have been steeped, for too many years, in anti-American (versus anti-war) Russian propaganda.

That becomes clear once again as we open the phones up to callers here at KPFK in our live Southern California listening area, particularly to those who may disagree with my belief that we need to continue supporting the battle for democracy in Europe, before the rise of Russian autocracy moves even farther beyond it's own borders. (Just last week, as discussed today as well, documents purportedly from the Kremlin were leaked, detailing Moscow's plan to take full control over neighboring Belarus within this decade.)

My opposition to war has not changed for decades. I stand in stark opposition to wars of aggression by imperialistic countries against sovereign nations. I opposed the U.S. war on Iraq for that reason, and I oppose Russia's war on Ukraine for the same reason.

But, in opening up the phone lines today, specifically, to folks who disagree with me...well, you'll decide who has this argument right, me or them. It leads to a number of very lively conversations/debates. As usual, I welcome your thoughts in response to today's show in the comments below or via email...

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Today on The BradCast: It was a good day for democracy in the U.S. yesterday, in our continuing battle against the rise of autocracy here at home. The news overseas on that same score, however, thanks to Russia's criminal, autocratic leader, remains significantly dicier. [Audio link to full show is posted below this summary.]

FIRST UP TODAY: It was the first big Special Election night of 2023 in the U.S. on Tuesday. As we saw in advance of last year's 2022 midterms --- when Republicans ignored the evidence before their eyes to hoax themselves into believing a "red wave" was coming (which never did) --- Democrats are once again outperforming expectations in Special Elections around the nation.

We've got results, some of them quite stunning, out of marquee races yesterday in New Hampshire for state House, Virginia for the U.S. House, and in Kentucky for State Senate. In each, Democrats radically outperformed both expectations and history, often by 10 or more points.

But, the most critical race of the night may have been the primary election in Wisconsin, where a vacant swing-seat on the state Supreme Court may finally flip the majority to progressives in the upcoming April 4 general election after years of control by rightwingers. Tuesday's open primary featured two progressives and two so-called conservatives, with the top two vote-getters advancing to the general. Progressive Milwaukee County Judge Janet Protasiewicz easily bested the competition with some 46% of the vote. The two rightwingers, former Supreme Court Justice Dan Kelly and Waukesha County Judge Jennifer Dorow, came in a tight second and third place, with 24% and 22% each, respectively, followed by progressive Dane County Judge Everett Mitchell with 7%.

That means Protasiewicz and Kelly, state Democrats' preferred competition, will square off on April 4. Kelly is a radical, rightwing extremist, election denier, marriage equality opponent, and paid RNC consultant who helped organize Donald Trump's fake 2020 electors scheme in the state. He also lost a previous Supreme Court race in the closely divided swing-state by a whopping 10 points in 2020. In a state where Dems now hold almost every statewide executive position, Republicans are forced to cling to majorities in the state legislature thanks to wildly gerrymandered districts. A progressive majority on the bench, therefore, is expected to be critical over the next few years regarding abortion rights, gun safety, gerrymandering and much more, including voting rights in advance of the 2024 Presidential election.

If voters turnout and vote in April as they did last night, Protasiewicz would defeat Kelly by about 7 points. Of course, its Wisconsin, so I'd be careful about counting chickens before counting ballots just over one month from now.

NEXT UP: Russian President Vladimir Putin's nuclear saber rattling continued on Tuesday during his state of the nation speech. The autocrat announced a unilateral suspension of participation in New START, the last remaining arms control treaty between the U.S. and Russia.

There is a great deal to unpack in all of this, including what Obama-era New START was supposed to do; how the U.S., under Donald Trump, also pulled out unilaterally from a different pact (the Reagan/Gorbachev-era Intermediate-Range Nuclear Forces or INF Treaty); what "suspension" of New START actually means; and how the announcement appears to be yet another desperate attempt by Putin to coerce his way into somehow winning a war of aggression that he appears to be losing in Ukraine, as Russia's unlawful invasion sees its one-year anniversary this week.

To help with all of that today, we're joined by longtime nuclear weapons policy analyst STEPHEN SCHWARTZ who formerly served as Executive Director and Publisher of the Bulletin of the Atomic Scientists. They are the groups who control the notorious "Doomsday Clock". Schwartz, who tweets as @AtomicAnalyst, is also the author of Atomic Audit: The Costs and Consequences of U.S. Nuclear Weapons Since 1940.

"There is no provision in the [New START] treaty for 'suspending' the treaty. You're either in it or not," explains Schwartz. "The suspension is, I guess, a wily way for Putin to get what he wants. Which is, I think, frankly, just an extension of what he's been doing over the last year. This is a nuclear threat by another name."

"It's an effort to frighten the public in the United States, NATO, and Ukraine, into letting let him basically blackmail those countries into letting him do whatever he wants with Ukraine. So he's got this bludgeon --- and it's really the only tool that he has right now --- and he's waving it around until his demands are satisfied."

It doesn't appear to be working. President Joe Biden spoke in Poland yesterday, following a surprise appearance with Ukrainian President Volodymyr Zelenskyy in Kyiv on Monday. "We’re seeing again today what the people of Poland and the people all across Europe saw for decades: Appetites of the autocrat cannot be appeased," declared Biden to cheers in Warsaw. "They must be opposed."

While taking Putin seriously, Schwartz also sees a larger principle at stake. "The way I see it, and I'm no big fan of war at all, is if we just listen to Putin and say 'You're right, we can't risk nuclear war so we're going to stand back and let you carve up Ukraine however you want. And, hey, if you want to take Belarus and Moldova, who are we to stop you?,' I think that would be a terrible precedent for the rest of the world. Not only with regard to what Russia might do in the future, but other countries that have nuclear weapons or might want them."

"The Biden Administration and NATO have been very careful. If you look at every time Putin has done one of these things, the United States doesn't dismiss it and doesn't panic. They walk down the middle and I think that is the right approach here. We need to show that nuclear weapons are fundamentally useless, not just for prosecuting a war, but also for blackmail."

"We need to isolate Putin in this regard," argues Schwartz. "Otherwise, the future world that we're going to live in, brought to you by nuclear coercion, is going to be far worse than anything we dealt with during the Cold War."

Among the many related matters Schwartz speaks to today: Russia's violation of the 1994 Budapest Memorandum, in which Ukraine was guaranteed security and sovereignty after the fall of the Soviet Union in exchange for turning over all nuclear weapons to Russia; The Bulletin of the Atomic Scientists' recent move of the Doomsday Clock to "90 Seconds to Midnight," the closest it has ever been to proverbial "Midnight". Is the world really closer to "Doomsday" now than it was at the height of the Cold War? We discuss all of that and much more on today's very informative program...

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Yes, it's possible that two seemingly conflicting things can be true at once. On today's BradCast we report on two different cases where that is true, regarding Russia's war on Ukraine and Dominion Voting Systems' defamation case against Fox "News". [Audio link to full show is posted below this summary.]

First up today, on Presidents' Day, Joe Biden made a surprise visit to Ukraine to meet with its President Volodymyr Zelenskyy just days before the first anniversary of Russia's horrific invasion of its sovereign neighbor. It was also just days after Vice President Kamala Harris declared at the Munich Security Conference over the weekend that the U.S. believes Russia has committed "crimes against humanity" in their unlawful invasion.

In his remarks, President Biden described "a brutal and unjust war," as air raid sirens were heard during his visit to the Ukrainian capital. "One year later, Kyiv stands," said Biden after meeting with Zelenskyy at Mariinsky Palace. "And Ukraine stands. Democracy stands. The Americans stand with you, and the world stands with you." As we discuss, yes, it's possible to understand various diplomatic missteps taken by the U.S. and NATO in Eastern Europe following the fall of the Soviet Union, while still being able to hold the correct party accountable --- in this case, Russia --- for unjustifiable and continuing atrocities.

As yet another war in defense of democracy rages in Europe against a tyrannical autocracy, a decades-long champion of democracy in the U.S. and across the world is now in his final hours. On Saturday, the Carter Center in Atlanta announced that "After a series of short hospital stays," 98-year old former President Jimmy Carter has "decided to spend his remaining time at home with his family and receive hospice care instead of additional medical intervention."

We share some thoughts today on the legacy of our 39th President, including some of his comments last year on the first anniversary of the Donald Trump-incited Republican attempt to overthrow the U.S. Government on January 6, 2021. "One year on, promoters of the lie that the election was stolen have taken over one political party and stoked distrust in our electoral systems," Carter wrote at New York Times. "These forces exert power and influence through relentless disinformation, which continues to turn Americans against Americans."

The "relentless disinformation" of Fox "News" has been on full display for the past several days, following last week's redacted unsealing of Dominion Voting Systems' 192-page motion [PDF] seeking summary judgment in its $1.6 billion defamation suit against the right-wing fake news outlet. As the striking filing reveals in detail, Fox hosts and executives alike knew they were broadcasting fake, evidence-free claims of election fraud by Trump and his supporters following the 2020 election. They didn't much care. Instead, they feared losing viewers and chose to put company profits above both truth and the health of American democracy.

Dominion may prevail in this case. We hope they do. Even as we have been no friend to the company or any of the other oft-failed, private computer voting and tabulation firms over the past 20 years. In fact, some of the news misreported by Fox and Trump's supporters like Sidney Powell and Rudy Giuliani was taken directly from some of our accurate, exclusive reporting from years ago. But, again, two seemingly conflicting things can be true at once. Fox lied about election fraud and should be held accountable for that, and Dominion and other voting system vendors have repeatedly failed in American elections.

By way of fresh evidence to support that charge, we close with details on voting system failures in both New Jersey and California in November of 2022. In both cases, the systems ended up naming candidates who actually lost to be the winners and vice versa. In Monmouth County, NJ, the ES&S voting tabulators allowed duplicate votes to be uploaded to it twice. It wasn't discovered until last month. In Alameda County, CA, the tabulators were programmed incorrectly to do the impossible math of Ranked Choice Voting (RCV) elections in the Bay area. It was discovered in late December last year by a pro-RCV organization who happened to run the math on their own computers and discovered the error.

In both cases, the errors were discovered after losing candidates were certified as winners. How many places did that happen but wasn't ever discovered, because human beings rarely bother to count ballots to make sure the computers did so accurately. This is what comes of outsourcing public elections to private companies and running elections on computer systems that are virtually impossible to oversee by the American public.

Many more details --- and callers --- on all of the above on today's program!...

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For the first time in a long time on today's BradCast, we're happy to feature a Special Coverage episode of something that isn't actually horrible. In fact, it's something that turned out to be an unexpected amount of fun to watch and cover, while including what was, as I described it on today's show, "the greatest Rope-a-Dope Moment in the all-time history of State of the Union addresses." [Audio link to full show follows below this summary.]

We've got full post-speech team coverage today of Joe Biden's second SOTU as President (actually his third address to a joint session of Congress), and it was a humdinger! Both the speech and today's coverage. In fact, as our panel appeared to agreed today, it was likely the most enjoyable SOTU any of us had ever witnessed!

We're joined today by the great HEATHER DIGBY PARTON, award-winning columnist at Salon and founder of Digby's Hullabaloo blog (which just celebrated it's 20th anniversary!) and "DRIFTGLASS", otherwise known as @Mr_Electrico on Twitter and as simply Bill at home, where he produces The Professional Left Podcast each week with his wife Fran/"BlueGal". Like Digby and me, he too is a longtime, old-school progressive blogger!

Biden's lively remarks on Tuesday --- and his surprisingly brilliant off-the-cuff responses to jeers and obnoxiously inaccurate heckles from members of the new Republican House majority --- cannot be described as delivered by "Sleepy Joe". The 73-minute speech actually flew by, surprisingly enough.

During the address, he, justifiably, sang his Administration's praises for what has amounted to one of the most successful first two years of any Presidency going back to at least FDR. (That, as we discuss, is particularly surprising given the narrowest of majorities he had to work with for the past two years in Congress. And is true, whether or not you liked his many accomplishments, had hoped for still more, or preferred entirely different policies.)

Snap polling following Tuesday's SOTU revealed a whopping 72% of Americans who watched it reacted positively, with some of the most favorable reactions coming from those who, prior to the speech, disapproved of Biden or felt his policies would not move the country in the right direction. So will his remarks on Tuesday make any difference in his approval ratings moving forward?

We cover a lot of ground on today's Special Coverage episode, including thoughts on Biden's brilliant Rope-a-Dope / Jedi Mind Trick that resulted in Republicans yelling and screaming to insist they are absolutely not hoping to gut or cut or even sunset Social Security and Medicare(!); other details from the surprisingly populist and progressive speech; insight on why Biden's approval ratings have been so low over the past year (and who is to blame for that); analysis of the bizarre movement by some in the supposed "Anti-war Left" to oppose support for the fight for democracy in sovereign Ukraine and against the authoritarian invasion by its imperialist neighboring Russia; and of the weird, creepy, dark, up is down/down is up GOP response to Biden's SOTU by Donald Trump's former Press Secretary and "prolific liar" turned new Governor of Arkansas, Sarah Huckabee Sanders.

Lots of insight --- and hilarity! --- ensues during today's 'BradCast' Special Coverage! Enjoy!...

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We're old enough at The BradCast to remember when Republicans used to at least pretend to believe in things like "personal freedoms." But, now that Florida's Gov. Ron DeSantis is preparing a run for President in 2024, things are getting mighty early 20th-century German-y these days down in the Sunshine State. [Audio link to full show follows below this summary.]

The recently re-elected Governor is on a roll. Most notably, over the past year or so, he has adopted a "Don't Say Gay" law, threatening school teachers with dismissal for referencing LGBTQ issues in public schools, and, more recently, his "Stop W.O.K.E. Act" to prevent discussion of race issues and other things that the all-mighty State decides may make the parents of a white, straight child uncomfortable. Also known (ironically enough) as the "Individual Freedom Act," a federal judge recently cited George Orwell's 1984 in describing the law as "positively dystopian" as it has resulted in the state-ordered banning of library books.

But DeSantis isn't cowed by courts of law or even public opprobrium. Last Friday, his State Department of Business and Professional Regulation (apparently, Republicans now love state regulations too?) filed a 27-page complaint against The Orlando Philharmonic Plaza Foundation, seeking to revoke their liquor license. Why? Well, last December, for the eighth year in a row, they featured a performance of the popular Drag Queen Christmas national tour and "violated Florida statutes" by allowing parents to bring their children, according to the state's complaint. (So much for "parental choice," which GOPers also used to pretend to believe in.)

Perhaps all of that wouldn't be so bad, if Floridians knew they could hold elected officials accountable at the ballot box. Sadly --- and predictably --- the Governor and his henchmen in the state legislator in Tallahassee are working to make that more difficult as well. Last year, DeSantis signed Senate Bill 524. In addition to giving him a personal special "elections crimes" police force (which he immediately abused by ordering the round-up of former felons at gunpoint and on camera for "voter fraud" even though most had been told by the state they were allowed to vote in 2020), the measure also mimics a law recently adopted by Texas that resulted in a huge percentage of vote-by-mail ballots being rejected in 2022.

The new provision mandates that vote-by-mail voters include a drivers license or social security number on their absentee envelope when casting their vote. However, there's no easy way for voters to know which one of those two numbers will match the number on their registration record and ballots will be rejected without a perfect match. The Texas version of the same law --- being pushed as "model legislation" by the far-right Heritage Foundation in several GOP-controlled states --- resulted in preliminary ballot rejection rates as high as 38% in several counties during last year's primaries.

Now, the bipartisan Florida Supervisors of Elections Association, comprised of elected county elections chiefs, are pushing back against the new law. They argue unanimously in a new report [PDF] that it will result in disenfranchised voters, as well as increased costs to counties and security issues for elections.

We're joined today by ION SANCHO, Florida's legendary, former Leon County Supervisor of Elections who served in the elected position for nearly 30 years before resigning in 2016. He explains the many concerns about the new measure and why it is that election officials around the state are so unanimously troubled by it.

"Even though a majority of the Supervisors of Elections are Republicans, they cannot stomach what they see the Florida legislature doing, because it's real simple --- it's not fair," Sancho tells me. "Every Supervisor of Elections in the state can see that this is simply a partisan attack on voters that the Governor is trying to suppress. That offends them."

The new law, he fears, will be "a logistical nightmare" for election officials. "This whole process --- that we carefully spent a decade building to ensure that legal voters could cast and have that ballot counted --- is under direct threat, and by individuals who haven't a clue about how Florida elections work. Because these recommendations came from Heritage Action, the political arm for the Heritage Foundation."

Sancho is hopeful that some of the Republicans in Tallahassee will listen to the elections officials. "Because where this will blow up, the first election under these new rules," will be the state's March 2024 Presidential Preference Primary, "where you've got to two apex Republicans, possibly, on the ballot. And you don't want that election to melt down. These rules could destroy the Presidential primary in Florida. And wouldn't that put some egg on DeSantis' face."

So well respected by his peers that he was selected by them to oversee the ultimately-aborted 2000 Presidential recount in the state, Sancho charges that "Governor DeSantis has really declared war on any human being that has a different political ideology than himself. It's shocking."

Nonetheless, DeSantis, after winning in 2018 by less than half a percentage point, was re-elected to a second term by a landslide last November, even as Republicans elsewhere in the nation had a very difficult election. Why did he do so well last year? Sancho offers his thoughts on that as well today. And, yes, it has to do with the "tremendous impact" of the Governor's new special election crimes police force and a resulting "complete collapse of African-American voting" last year in the state. But that, Sancho seems confident, is likely to turn around in 2024...at least if their votes are allowed to be tallied.

Please tune in for another very clarifying and compelling conversation/warning with the great Ion Sancho today!

Finally today, Desi Doyen joins us for our latest Green News Report, with news on a disturbing chemical train derailment in Ohio; catastrophic heat and wildfires in Chile; EU's successful move away from Russian fossil fuels; and some good news about this year's global investments in clean energy sources versus those in dirty, deadly fossil fuels...

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IN TODAY'S RADIO REPORT: Ohio chemical train derailment forces evacuations; Chile battles catastrophic wildfires amid record-breaking heat wave; EU has replaced Russian fossil fuels; PLUS: For the first time ever, global investment in clean energy equals fossil fuel investment... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): U.N. Secretary-General’s searing message for the fossil fuel industry; BP scales back climate targets as profits hit record; Neo-Nazis plotted to attack power grid, feds say; Feds warn Rio Grande settlement could trigger disaster; Colorado River crisis is so bad, lakes Mead and Powell are unlikely to refill in our lifetimes; Texas carbon capture project is 'Band-Aid' to greenwash $10 billion LNG plant, locals say; Coal ash dumps along shores of Great Lakes threaten water supplies... PLUS: Essential insects in East Asia have declined massively, study finds... and much, MUCH more! ...

We've got another grab-bag for you on today's BradCast, from the new challenges faced by corporate media during a U.S. House controlled by GOP liars, to more evidence of the former guy's weaponization of the federal government, to still more voter fraud by wealthy white people in Florida.

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

• NBC's Chuck Todd, the usually milquetoast host of Meet the Press, actually stood up to a few lies by accomplished GOP liar Rep. Jim Jordan on Sunday. That is never easy, given the flurry of lies the Ohio Congressman is capable of spewing at light speed. But Todd, who traditionally allows rightwingers to get away with all manner of BS with little if any response at all, did an impressive job this week --- at least for a few minutes --- in calling out several of Jordan's patently false assertions attempting to equate Donald Trump's theft of hundreds of classified documents and refusal, for more than a year, to return them to the federal government, with the discovery by Joe Biden's attorneys of a few dozen such documents from during his Vice Presidency found stored by aides at his former office at the Penn Center and his home in Wilmington, Delaware. We share the tale of the tape.

• Jordan now serves as Chair of the House Judiciary Committee and its silly, newly formed select Subcommittee on "the Weaponization of the Federal Government". The new panel is meant to promote all sorts of QAnon and Fox "News" fantasies and victimization porn about the FBI and DoJ somehow having it out for Republicans. Or something. They will pretend to expose false claims such as the FBI paying millions of dollars to Twitter to censor and ban rightwingers during the Trump years. Or something. Will Democrats and our corporate media be up to the task of countering their nonsense over the next two years?

• If you're looking for actual "weaponization of the federal government", however, look no further than what the disgraced former President did with his appointment of DoJ weaponizer-in-chief Bill Barr as Attorney General. Late last week, the New York Times published a jaw-dropping exclusive on Barr's failed attempt at revealing "deep state liberals" at the FBI and DoJ with the appointment of John Durham as Special Counsel to "investigate the investigators" of Russia's well-documented plot to interfere in the 2016 election. After four years, Barr and Durham have found none of the corruption that Trump and Barr pretended was there. But they did, apparently, find evidence of financial crimes by Donald Trump that, until the Times report just last week, remained their own little secret. Paging Jack Smith.

• Speaking of lies propagated by rightwingers and the corporate media, you may recall that, during the runup to the 2022 midterms, allegations of rampant, out-of-control crime in big "blue" state cities was all the rage. Trouble is, that was mostly lies as well. Now, a new analysis puts some meat on those bones and dispels another longtime rightwing myth. As it turns out, murder rates in "red" states not only far exceed "blue" states, but that has been the case since at least 2000, according to evidence documented by the new report.

• Speaking of elections, yet another wealthy white vote fraudster has been arrested for double-voting during the 2020 election in Ron DeSantis' GOP enclave known as The Villages in Florida. He is the fourth, to date. And you won't believe how easy the penalty was for this guy who, like the others, purposely voted twice. Especially as compared to the people of color who were rounded up at gun point by DeSantis' new "Election Crimes and Security" police force just before last year's elections. Those rounded up and tossed in jail by the GOP Governor and Presidential hopeful's personal police squad were former felons who had apparently been allowed by the state to vote two years earlier, despite a loophole in a new law that bars some former felons from being allowed to vote. They had no idea they were voting unlawfully, unlike the white criminals in The Villages who got off with (less than) a slap on the wrist.

• And speaking of GOP election liars, Kari Lake, 2022's failed, Trump-endorsed gubernatorial candidate in Arizona who lost by 17,000 votes but is still pretending she won, may now be facing legal issues of her own. According to a complaint filed by the state's newly elected Sec. of State Adrian Fontes (D), in a letter sent to the state's newly elected Attorney General Kris Mayes (D), Lake violated state law by publishing the signatures of several voters on Twitter last week. Fontes is seeking a criminal investigation.

• Finally, Desi Doyen joins us for our latest Green News Report, as New Zealand is swamped by stunning, record rainfall; a new study finds building solar and wind projects is now cheaper than using existing coal-fired power plants; Tax payers in Pennsylvania are now on the hook for the clean up of thousands of recently discovered abandoned oil and gas wells; and the Biden Administration reverses a Trump scheme in Minnesota in order to protect a vast wilderness from toxic mining for the next 20 years...

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There's a reason I always warn, when reporting election results on The BradCast, that they have only been tallied by computers to date, and that errors in results often do not come to light until days, weeks or even months after elections...if ever. [Audio link to full show follows this summary.]

BUT FIRST UP TODAY... Some thoughts on the Bulletin of Atomic Scientists' 'Doomsday Clock' which was, this week, ticked forward from '100 Seconds until Midnight' to just '90 Seconds until Midnight.' The main reason for the move, the first since 2020, as explained by The Bulletin, whose esteemed scientists, diplomats and Nobel Laureates take such decisions quite seriously, is thanks to "Russia's war on Ukraine," its "thinly veiled threats to use nuclear weapons," and for "violating international protocols and risking widespread release of radioactive materials" in bringing "its war to the Chernobyl and Zaporizhzhia nuclear reactor sites."

In response to the metaphorical clock --- first unveiled at the dawn of the Cold War in 1947 --- being moved closer than ever to a proverbial 'midnight', when humanity destroys itself, a Kremlin spokesperson said Wednesday that the move was "really alarming." (Really? You were "alarmed" by this, Russia? Really?!)

That, on the same day that the U.S. and nearly a dozen European countries finally agreed to send modern battle tanks to Ukraine so the sovereign former Soviet nation can better defend itself from the grotesque, ongoing, hostile invasion by it's empirical neighbor.

We take the opportunity today to explain why --- amid our years of (continuing) anti-war advocacy --- we, nonetheless, support Ukraine's right to defend itself against Russia's war crimes; agree with critical support being supplied by fellow democratic nations against an autocratic invader; and how we see many of those on the supposed Left in the U.S. that are echoing Kremlin propaganda by, among other things, demanding Ukraine declare a ceasefire and negotiate with their invaders, have been unhelpfully (and wildly) misled.

THEN... Yes, we likely drive regular listeners crazy when reporting results after elections and offering the caveat, over and over again, that reported results in the immediate aftermath are wholly unverified and only tallied by computers --- either correctly or incorrectly --- and that there is no way to know for certain either way unless and until results of hand-marked paper ballots are examined by actual human beings.

Last week, more than two months since the November midterm elections, we finally learned that a computer tabulator mistallied some of the results in Monmouth County, New Jersey. The error appears to have resulted in at least one loser being named as the winner in a School Board race in Ocean Township. After a probe into "an unrelated issue" caused the County's Board of Elections to notice potential problems in the tallies, an investigation reportedly found errors in six voting districts across four municipalities.

One candidate named as a loser after November 8 last year appears to have won his race by a single vote after results were correctly re-tallied. But a bunch of races had been mistallied originally thanks to results from at least one precinct being uploaded more than once to the Election Management System's central tabulator from a USB memory stick.

While there is no evidence of nefariousness in the matter, a spokesperson from the County's private election vendor, ES&S (the nation's largest), attempted to downplay what happened as "a human procedural error". But the fact that it is even possible to upload the same results more than once without a system warning is disturbing. Longtime election and voting system experts have expressed horror at the problem, if not surprise, given the woeful state of NJ's post-election audit protocols and the nature of proprietary computerized voting system software.

Since the problem has come to light, one state lawmaker has called for passage of a measure that would mandate Open Source software on all voting and tabulation systems in the Garden State, along with the use of paper ballots at polling places. I explain today why Open Source systems (while a fine idea if we must tally ballots with computers) is no panacea, and why the state Senator's call for "paper ballots" --- as opposed to HAND-MARKED paper ballots --- will likely ensure that 100% unverifiable touchscreen voting systems, still shamefully used across most of the state at the polls on Election Day, will continue to undermine confidence in NJ elections.

FINALLY... Desi Doyen joins us for our latest Green News Report, with a spate of troubling new studies on the deteriorating state of our climate, but also with a number of stories detailing some good news, of late, in response to it!

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IN TODAY'S RADIO REPORT: Spate of new studies finds climate impacts are escalating; U.S. Forest Service bans logging in Alaskan rainforest --- again; PLUS: Scientists move metaphoric 'Doomsday Clock' closer to catastrophe... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'No miracles needed': Prof Mark Jacobson on how wind, sun and water can power the world; Atlanta police kill forest defender at protest encampment; Nuclear regulators nix proposal to delay closure of last California nuclear power plant; USDA tightens organic rules amid fraud cases like a $46 million alleged scheme; Why a London-sized iceberg breaking off of Antarctica isn't concerning scientists; PA drillers abandoned thousands of gas wells in 5 years, ignored state law ... PLUS: Retired coal sites to host multi-day iron-air batteries... and much, MUCH more! ...

There has been a boatload of news from late on Friday, over the weekend, right on up to airtime before today's BradCast. That seems to happen a lot these days. In any event, we tried to keep up or get caught up with a whole bunch of it today, and to take calls from a diverse range of listeners on almost all of it.

Among the topics and news items we discussed today (along with a number of callers who saw some of these things differently than me...at least when their calls began)...

• The House GOP's dangerous plan to hold the nation's borrowing limit (and the nation's and world's economy along with it) hostage to their disingenuous demands to cut spending programs such as Social Security and Medicare. The White House is refusing to negotiate on the stupid, statutory debt limit, but should they?

• The corporate media's ridiculous coverage of some more classified documents discovered at Joe Biden's home over the weekend, thanks to a 13-hour consensual search by the DoJ that uncovered a few more documents. Despite the entirely different nature of this case as compared to Donald Trump actually stealing classified documents, refusing to return them, even after subpoenaed, and lying to officials about them, corporate media outlets --- and elected Democrats who are too cowardly to challenge them --- are painting the two cases as somehow similar. Or, at least, claiming that Biden's case means charges cannot not be be brought against Trump for some reason. As explained, that is absurd.

  In fact, this is the "Goofus and Gallant" of document scandals, as fans of Highlights Magazine from the dentist office of your childhood may remember. Goofus (Trump) stole documents and, when caught, lied and refused to return them. Gallant (Biden) discovered he had documents he wasn't supposed to have, promptly notified authorities and returned them. As explained today, if anything, that stark difference should make it more, not less likely that Trump is charged. Or even that both are charged. But to suggest Trump can't be charged now --- as media and some Dems are doing --- is patently ridiculous. We discuss. Including with callers. One of whom tells us she also got in trouble regarding classified documents that were accidentally mishandled by someone who worked with her.

• An 11th victim was pronounced dead shortly before airtime today in the mass shooting that took place at a dance hall Lunar New Year celebration in Monterey Park, just east of L.A. over the weekend. One interesting caller tried to make the case that the problem with all of these mass shootings is not semi-automatic weapons with extended magazines that can kill dozens of people within second. The real problem is mental health issues in America, he argued. Our conversation was very interesting, I thought. You'll let me know if you agree.

• Four more Oath Keepers were found guilty today of Seditious Conspiracy for their part in attacking the U.S. Capitol during the insurrection on January 6, 2021. The leader of that conspiracy, however --- the disgraced former President --- has yet to be charged.

• The idiot infamously photographed putting his feet up on the desk in then-House Speaker Nancy Pelosi's office during the Jan. 6 insurrection was found guilty today on all 8 counts on which he was charged after just two hours of jury deliberation. He also brought a weapon into the office with him and stole an envelope. Apparently, the jury didn't buy his "I was just looking for the bathroom" defense.

• A few thoughts on the nearly $1 million in sanctions slapped on Donald Trump and his attorney last week by a federal judge in response to a laughable dismissed-with-prejudice lawsuit filed by the former President against Hillary Clinton, James Comey and more than a dozen other FBI agents and elected officials. The largest single recipient of those sanctions will be Clinton, who Trump will have to give nearly $172,000 to. But Trump's litigation grift continues, as our own Ernie Canning wrote about here earlier this afternoon.

• Another reminder today as to why elections and democracy matter. On Friday, the newly-elected Attorney General and newly-elected Governor in Arizona --- both Democrats for the first time in years --- finally put the state's death penalty on hold, following an horrifically "botched" execution that took more than two hours to complete in 2014. Hopefully, this will eventually result in a full moratorium on the barbaric practice in the state. None of this would have happened had Republicans been elected as Governor or Attorney General last November.

• And, though I don't believe I raised the issue myself today, a caller rang in to explain why Russia's brutal invasion of Ukraine is actually all the fault of the United States...or something. I disagreed and explained why. But, in fairness, as we got to the call very late in the hour, I had to end it much sooner than I would have liked. Hopefully we can pick it up again with more time the next time we're able to open up the phone lines! Always happy to have the conversation and appreciative of all of today's excellent callers!

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IN TODAY'S RADIO REPORT: Worst drought on record threatens famine in the Horn of Africa; Europe brokers new green electricity deal with Azerbaijan; Kansas and California grapple with persistent drought; PLUS: Nations sign historic deal to halt loss of nature worldwide... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): World's coal use creeps to new highs in 2022; 3M knew its chemicals were harmful decades ago, but didn’t tell the public, government; EPA enacts tougher pollution rule for trucks, vans and buses; Alaska's Arctic waterways are turning orange, threatening drinking water; New study reveals billions of dollars in political spending by US fossil fuel trade associations; California just slashed rooftop solar incentives. What happens next?; Midwest soil is eroding faster than ever. Modern farming could be to blame... PLUS: Famed L.A. mountain lion P-22 euthanized; cougar had been struck by car.... and much, MUCH more! ...

It could have been much worse. That seems to be the message from our guest on today's BradCast after yesterday's oral argument in the U.S. Supreme Court case that could blow up everything we know about American elections, including some 233 years of otherwise settled election laws in all 50 states. We'll hope he's right. [Audio link to full show follows this summary.]

But, first up today, some less ambiguous good news to kick things off. WNBA star Brittney Griner is on her way home from Russia, where she has been held as a prisoner for at least 8 months after authorities found less than a gram of cannabis oil in a vape cartridge in her suitcase. Her release comes as a swap for a notorious Russian arms dealer, but fails to include the release of Paul Whelan, an American imprisoned by Russia for nearly four years, who many hoped would also be included in the trade.

Griner's wife joined President Biden at the White House on Thursday to announce the good news, while urging the release of Whelan, whose brother praised the Administration for making "the right decision to bring Ms. Griner home, and to make the deal that was possible, rather than waiting for one that wasn’t going to happen."

Also on Thursday, more good news in D.C. as the U.S. House approved the Respect for Marriage Act (RFMA) with all Democrats voting in favor with almost 40 Republicans. Shamefully, 169 Republicans voted against recognizing the marriage rights of same-sex and interracial couples. The bill was passed by the U.S. Senate last week (also by all Democrats and opposed by the majority of Republicans) and now heads to the President's desk for his signature. Even though 2015's Obergefell ruling at the U.S. Supreme Court made marriage equality the law of the land in all 50 states, federal lawmakers determined a statutory backstop was necessary after far-right activist Justice Clarence Thomas called for reconsidering the Obergefell decision when he voted with the Court's corrupted rightwing majority to overturn Roe v. Wade earlier this year.

We're joined today by Slate's longtime legal journalist and SCOTUS expert MARK JOSEPH STERN. Last month, he responded to progressive critics of the RFMA who felt it should have gone farther to require all states to license same-sex marriages --- as Obergefell currently does --- rather than simply mandating that states legally recognize such marriages. Today, Stern breaks down his legal argument for why he believes those critics are wrong about the new, landmark federal statute and notes that, "as a progressive in a same-sex marriage, I feel like I have some skin in the game here."

But, our initial reason for booking Stern today was to discuss Moore v. Harper, the ridiculous --- if wildly dangerous --- case heard by the Supremes on Wednesday. As discussed on yesterday's show with FairVote's David Daley, who attended the oral argument, if a majority on the Court agrees with North Carolina Republican petitioners, the fallout for American elections from Moore will be "seismic".

The case argues that a fringe, so-called "Independent State Legislature" theory found in the U.S. Constitution's Elections Clause, means that only State Legislatures may craft specific state rules and laws for federal elections and may not be overruled or even reviewed by gubernatorial vetoes or state court review to ensure those laws meet requirements of state Constitutions. Even voter-approved ballot initiatives would be considered unlawful.

It would, in the case of Moore, allow North Carolina Republicans who control the gerrymandered majority in the evenly-divided state Legislature to gerrymander U.S. House districts however they like, even after the state Supreme Court determined their partisan gerrymander violated the state Constitution. By the same theory, a majority opinion in favor of the NC GOP, by the rigged 6 to 3 SCOTUS, could also allow state Legislatures to simply choose whichever Presidential Electors they preferred, even when voters voted otherwise. Yes, it's just that insane and, arguably, should never have even been heard at the High Court.

The good news today, is that, after yesterday's hearing --- when the "Court's most conservative justices got outplayed," as Stern reported at Slate --- he now believes the worst-case scenario is far less inevitable. "Those of us who’ve been ringing the alarm over this dangerous theory --- and who've been disgusted by the campaign to drag it from the far-right fringe all the way to the Supreme Court --- can take solace that these capable lawyers exposed [the Independent State Legislature theory] as an utter fraud," he wrote last night.

"Even though we have a ton of rules in every single state's Constitution that have been enforced for 230+ years, this theory says that all of those are invalid, we've been doing it wrong the whole time," Stern told me today, adding that he "heard maybe two votes for that position" during oral argument on Wednesday.

"But then, once you get into the more compromise positions, it gets harder to gauge," he warns. "I don't think the Court is going to totally cut out state Constitutions and state statutes from federal elections. I don't think that the Court is going to go as far as Republicans want. I think that there's a chance that the Court could issue a decision that is bad but not catastrophic, that essentially says that, as a general principle, state courts can regulate elections, but that federal courts get to double-check their work and decide if they got it wrong."

"But we have to be, when this decision comes down, really vigilant about drawing any conclusions before we figure out exactly where they land." If Federal courts can review state court rulings that are regarded as "egregious," Stern says he could live with that. But if they allow state courts only "mild deference," he explains, "that's no good, because that is really not how we do things in this country. State courts have the final say over the meaning of state law in almost all circumstances. And if we take that away, then it is just empowering this conservative super-majority on SCOTUS to decide all these cases in favor of Republicans."

Given the ridiculous basis for the Independent State Legislature theory --- that we've been doing it all wrong for more than 230 years since the nation's founding, but nobody noticed until now --- there would be hundreds of election laws in all 50 states that could then be challenged in federal courts. It's all somewhat ironic given that this fringe interpretation of the Elections Clause was, itself, built on "a fraudulent document that purported to be an account of the Constitutional Convention" that, as early as the 1800's, was described as "fake" by James Madison, "who actually did write the definitive account of the Constitutional Convention," notes Stern.

Much more on all of that today and, before he leaves, a quick explanation of how "stupid" the case heard earlier this week by SCOTUS regarding a web designer in Colorado who refuses to design a website for same-sex marriages actually is. Hint: She "has never been asked by any couple, gay or straight, to make a wedding website for them. Yet she sued before anyone could ask her, and argued that Colorado's civil rights law was infringing on her freedom of speech."

Finally, we're joined by Desi Doyen for our latest Green News Report with both good and bad news, as per usual, when news broke late from CNN that, according to their sources, the U.S. Dept. of Justice has asked a federal judge to hold Donald Trump in contempt for failing to comply with a subpoena ordering him over the summer to turn over classified records he stolen upon leaving the White House.

It turns out that it may have been an even better day today than we originally thought...

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IN TODAY'S RADIO REPORT: U.N. biodiversity summit seeks to reverse nature's decline; International Olympic Committee grapples with global warming impact on Winter Games; Biden Admin hits jackpot with Pacific Coast offshore wind lease auction; PLUS: Renewable energy to overtake coal by 2025... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Scientists thought carbon emissions had peaked. They’ve never been higher; Bird flu prompts slaughter of 1.8M chickens in Nebraska; Musk's lurch to eco-fascism; How an early oil industry study became key in climate lawsuits; Former Superfund site becomes largest landfull solar fam in North America; 5th Circuit may back Biden social cost of carbon; Britain approves new coal mine despite climate concerns; PFAS from fracking waste may pollute nearly 100 sites in PA, OH, WV; Heat pump push sparks gas vs. electric battle... PLUS: How 2022 has substantially, and favorably, changed global climate outlook.... and much, MUCH more! ...

Let's enjoy the good news on today's BradCast --- and we've got quite a bit of it --- because things may or may not be as bright tomorrow, as returns come in from the U.S. Senate runoff in Georgia and the corrupt rightwing U.S. Supreme Court hears a case they may use to undermine American democracy as we have known it for more than 200 years. [Audio link to full show follow this summary.]

But, for tonight, at least, there is a whole bunch of good news regarding a whole bunch of bad news for our disgraced former President...which is great news for everyone else...

• A New York jury in Manhattan took little more than one day to find the Trump Organization guilty of all criminal state tax fraud charges brought against it --- 17 counts in all. That follows its longtime Chief Financial Officer, Allen Weisselberg's guilty plea on 15 counts of fraud. He's set to receive about five months in prison after his plea and agreement to testify against the company. A company, however, can't be sentenced to prison, so a fine will be levied instead. But the Manhattan D.A.'s office may have other plans for criminal charges against Donald Trump, which we discuss as well today.

• Meanwhile, Trump is now claiming that he didn't say what everybody saw him say, when he called for the "termination" of the U.S. Constitution over the weekend. It was, of course, part of his continuing effort to pretend the 2020 Presidential election that he lost was actually stolen from him. More disturbing, however, is the lack of elected Republican officials who, while pretending to be "Constitutional conservatives", are unable to say whether Trump's comments disqualify him from becoming President again.

• But, back to brighter news as we continue to try and keep track of accountability for at least 56 known criminal violations of law by the former President since he first ran for office. (That doesn't include all of the civil violations, such as the $250 million lawsuit filed by New York Attorney General Letitia James against him, his company and his three oldest children on state tax fraud violations.) The Manhattan D.A.'s office of Alvin Bragg, which successfully prosecuted the criminal tax fraud cases against the Trump Organization, has made a new hire that suggests the office may be eyeing new criminal charges against Trump himself this time. We 'splain.

• Also on Tuesday, the Chair of the bipartisan U.S. House Select Committee investigating the January 6 insurrection and Trump's many failed attempts to steal the 2020 election, said that the panel will be making criminal referrals to the U.S. Dept. of Justice before year's end. That may or may not be bad news for Trump himself and many others in the MAGA Cinematic Universe. But it almost certainly ain't good news for any of them.

• Also also on Tuesday, it is being reported that Jack Smith --- newly tapped by Attorney General Merrick Garland as Special Counsel overseeing the DoJ's federal criminal probes into January 6, the documents stolen by Trump from the White House, and any other matters related to either of those cases --- has issued his first subpoenas since taking his new position. Officials in Wisconsin, Michigan and Arizona according to Washington Post, as well as in Pennsylvania, as confirmed by AP, have all recently received demands from Smith for "any and all communications with Trump, his campaign, and a long list of aides and allies."

It's going to be a very long rest-of-his-life for Donald Trump --- unless he pulls a Ken Lay first. Of course, we wish him nothing but the best.

• And, finally, we finish up today with Desi Doyen and our latest Green News Report, including news on the electric grid attack in North Carolina; Russia targeting energy infrastructure in Ukraine (a war crime); and EV sales now surging in U.S. and across the globe...

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