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IN TODAY'S RADIO REPORT: OPEC and Russia raising oil prices again; Brazil's presidential election could determine the fate of the Amazon rainforest; PLUS: Biden pledges America will help Florida rebuild after Hurricane Ian... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Protecting our elders from Hurricane Ian and beyond; 6 unexpected climate lessons from Hurricane Ian; Putin seizes Ukraine's largest nuclear power plant; SCOTUS floats new Clean Water Act test. Lawyers 'cringe; Utility climate pledges amount to 'greenwashing,' report says; Climate change sets back global power sector's decarbonisation efforts as countries turn to coal to meet demand; Years into fracking boom, air regulators can't keep up; ... PLUS: To save America's coasts, don't always rebuild them ... and much, MUCH more! ...

With unspeakable devastation from Florida to Ukraine, the stakes couldn't be higher for our upcoming midterm elections. We cover all of that on today's BradCast, even while tending to some long overdue accountability and grotesque conflicts of interest in Congress. [Audio link to full show is posted below this summary.]

The horrifying death toll from last week's climate change-fueled Hurricane Ian continues to rise. More than 100 were confirmed dead in Florida alone as of airtime. That number is likely to keep growing, along with the growing questions about why state officials did not call for evacuations before they finally did. Put those questions into the same file that may explain the state's years of climate crisis denial and its now collapsing insurance industry.

At the same time, corrupt authoritarian regimes elsewhere are similarly ill-serving their citizens. We get caught up a bit today on Russia's sham referendums and unlawful annexation of four regions in eastern Ukraine last week. That, as Russia's military offensive continues to collapse and lose ground to Ukrainians defending their sovereign homeland; as Vladimir Putin faces growing unrest after announcing the forced draft of hundreds of thousands of Russians; and as he continues to threaten the use of nuclear weapons as his political and military fortunes devolve.

Then, we move to Brazil, where far-right President Jair Bolsonaro lost in the first round of voting on Sunday to the nation's former leftist President known to the people simply as "Lula". While Lula defeated Bolsonaro over the weekend, neither candidate received the votes necessary to avoid a run-off later this month. Lula's victory was much narrower than expected based on pre-election polling showing that he was likely to defeat Bolsonaro by about 14 points. He won by just less than 6 points in what should serve as another object lesson for U.S. voters before our own critical midterm elections in just 35 days.

Next, we're joined by longtime government affairs and ethics lobbyist CRAIG HOLMAN of Public Citizen to discuss the Combatting Financial Conflicts of Interest Act that he had hoped to see passed in the House before next month's midterms. Holman helped shepherd passage of 2012's STOCK Act. It was hoped that the decade old measure --- requiring immediate disclosure of stock trades by members of Congress and ending their exemption from insider trading laws --- would shame members into avoid conflicts of interest when trading stocks in companies which they also oversaw in Congressional committees.

As Holman details today, the STOCK Act failed in that regard for several reasons. As a New York Times analysis found last month, at least 97 members of the House and Senate, of both parties, continue to hold stocks in companies that they oversee on Congressional committees. But it is hoped that the new measure will end that as well. It would bar members and their direct family (spouses and children) from buying and selling stocks at all, and require them to divest their portfolio entirely or place such assets into blind trusts.

"Prior to the STOCK Act in 2012," Holman explains, "insider trading was illegal for you and I and Martha Stewart, but it was perfectly legal for members of Congress. And they were making use of it. There was one economist who came out with a study that showed members of Congress enjoy a 12% higher rate of return than the rest of us on the stock market. Which means either they're geniuses at trading in the stock market, or they know something that we don't know. Quite obviously, it's the latter."

While the STOCK Act did reduce members' trading in stocks by about two-thirds, he says, the other third "are still out there trading. They are sitting on the same committees and in their same official capacities overlooking the same businesses that they're buying and selling stocks in."

The new bill, however, would finally end those bipartisan conflicts of interest, and/or the appearance of same, once and for all. But, Holman also explains how the bill he had hoped to see passed by both chambers before this year's midterms was derailed last week He tells us whodunnit and how he hopes to see the measure adopted nonetheless in the lame duck session after the elections. Here's hoping!

Does Holman have any concerns that this new law would prevent qualified folks from running for Congress in the first place? "Not on my end," he responds. "That is one argument that you always run into. But, quite frankly, if you've got a huge financial conflict of interest with your official duties of serving in Congress, I don't want you here. If you're not going to get rid of that conflict of interest, you pose more of a threat to the integrity of our legislative process, no matter how competent you are."

Finally, President Biden visited Puerto Rico on Monday in the wake of the devastation of Hurricane Fiona (the storm that took out power across the island, yet again, just two weeks before Ian's devastation in Florida). He didn't throw paper towels at residents, as the former guy did following Hurricane Maria, though he did vow to help get their infrastructure back up and hardened to withstand many more of these storms that will be coming their way as the climate crisis worsens. We share some of Biden's remarks today...

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On today's BradCast, we try to keep up with the damage caused both by Hurricane Ian and by the former President's team of fraudsters. [Audio link to full show follows below this summary.]

We begin with a quick update on the still-unfolding devastation of Ian in Florida. After having crossed back into the Atlantic, the storm has gained strength and hurricane status again. It is now aiming for another landfall, this time in South Carolina on Friday. After that, we check in with an old friend who rode the storm out this week in the Sunshine State.

We're joined today from southeast Florida by NICOLE SANDLER of The Nicole Sandler Show --- and, too-occasionally, of The BradCast, where she is kind enough to serve as our guest host from time to time. Nicole tells us she "got really lucky" this time, as she lives in one of the few areas of Florida which wasn't pummeled by a direct hit from Ian, though she reports it still got very wet and windy even where she is.

Naturally, in addition to the weather, we discussed the politics --- including the climate change politics (or, more aptly, the climate change denialist politics) --- of Florida Republicans like Gov. Ron DeSantis, who famously voted against federal aid for Superstorm Sandy when he first arrived as a freshman Congressman in 2013 "before Donald Trump plucked him from the back-bench of Congress where he wallowed in obscurity." What impact will Ian have on DeSantis' re-election hopes against his Democratic challenger this year, former Gov. Charlie Crist? It's too early to say, she notes, but "at least he's not bad-mouthing the President as he takes the money that President Biden has been so freely offering."

And what of Rep. Val Demings' challenge for Florida's U.S. Senate seat currently occupied by Marco Rubio? There is, of course, much to discuss with our old friend today, including the seven Republican U.S. House Members and one U.S. Senator from Florida who have, collectively, accepted more than a million dollars from fossil fuel industry donors, as they try to block the Securities and Exchange Commission from requiring public companies to reveal the financial risks that our climate crisis now poses to their businesses. DeSantis himself, whose own re-election campaign has taken more than $800,000 from the industry, has even gone so far, according to The Lever today, to "spearhead an initiative to bar his state from considering environmental factors such as climate risks in its investment of billions of dollars of retirement savings of teachers, firefighters, and other government workers."

Will this week's climate change-intensified storm change those politics in any way?

Then, from keeping up with Ian, we try to keep up with the attempts at legal accountability for Donald Trump's merry band of GOP "voter fraud" fraudsters. Among our related stories on that today...

• The election worker in Michigan who was charged this week with tampering with voting equipment after he was seen inserting a USB drive into an electronic pollbook system at the polls during the state's August primary.
• Disgraced trump attorney Sidney Powell saw her counter-suit against Dominion Voting Systems tossed by a Trump-appointed federal judge on Wednesday. Dominion is suing Powell in a $1.3 billion defamation suit. The company's complaint is moving forward. Powell's counter-complaint, as of Wednesday, is not.
• And, a federal judge (in this case, one appointed by Ronald Reagan), ruled that a defamation lawsuit against Fox "News" and its former host Lou Dobbs may move forward to the discovery phase. This week, the judge rejected a motion by Fox and Dobbs to toss the case filed against them by a Venezuelan businessman who Dobbs had accused of executing an "electoral 9/11" in 2020, falsely charging the man was somehow linked to Hezbollah and somehow rigged voting systems from both Smartmatic and Dominion to steal the election from Trump.

Next, Desi Doyen joins us for our latest Green News Report, with more on the widespread damage and records smashed by the climate change-fueled Hurricane Ian; a legislative crash and burn for Sen. Joe Manchin this week; a new criminal probe for CA's largest and most corrupt power utility; and the mysterious breaches of the Russian natural gas pipelines to Germany.

Finally, as if that's all not enough, some breaking news at the end of today's show. The wildly corrupt Trump-appointed judge overseeing the former President's attempt to quash the DoJ's criminal probe investigating thousands of documents he stole from the White House and stored at Mar-a-Lago, issued another insane ruling in Trump's favor. This time, she overruled the Special Master --- the chosen by Trump and appointed by her --- who had ordered Trump's attorneys to offer evidence to back up Trump's claims that documents were planted by the FBI and/or declassified by Trump before he took them from the White House. Judge Aileen Cannon also pushed back the deadline for Special Master Raymond Dearie to complete his work until mid-December, despite Dearie's plan to complete his review of the documents in question by mid-October...

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IN TODAY'S RADIO REPORT: Hurricane Ian causes widespread damage, smashes records as it pummels Florida; Sen. Joe Manchin's controversial permitting reform bill collapses in the U.S. Senate; PG&E under investigation for sparking yet another deadly fire in California; PLUS: Massive, mysterious breaches erupt on Russian natural gas pipelines to Europe... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Maps Show How Millions Of People Have Moved Into Hurricane Ian's Path; Mexico Is World's Deadliest Spot For Environmental Activists; Pivotal Supreme Court Term Begins With WOTUS War; Gulf of Mexico's largest coral sanctuary faces an extreme threat that’s mystifying scientists; Number of Americans Exposed to Harmful Wildfire Smoke Has Increased 27-Fold... PLUS: Feeling Overwhelmed About Going All-Electric at Home? Here's How to Get Started.... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Hurricane Ian takes dead aim at Florida; Hurricane Fiona was strongest storm on record to hit Canada; Super Typhoon Noru pummels The Philippines; Americans to pay even more for fossil gas this winter; PLUS: Pacific Island nations call for a fossil fuel non-proliferation treaty... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Sabotage suspected as Russian natural gas leaks from ruptured Nord Stream Pipelines; As irreversible 'tipping points' loom, scientists are trying to figure out how to communicate the risks; Many in Puerto Rico remain without power, 9 days after Fiona hit; Bolsonaro election loss could cut Brazilian Amazon deforestation by 89 percent; Nigeria suffers widespread blackouts after electricity grid fails; Compared to oil and gas, offshore wind is 125 times better for taxpayers; Legal pot is causing a new plastic pollution problem ... PLUS: MIT’s new battery could shock industry ... and much, MUCH more! ...

It was another lively call-in show today on The BradCast, even with one caller accusing me of "professional, managerial class gate-keeping for the Democrats." (Okay. But, if so, where do I pick up my managerial class paycheck?!) [Audio link to full show follows this summary.]

Before we get to the listener calls, however, some important news items today...

• Good news: Italy has just elected its first female Prime Minister! Bad news: She represents a far-right authoritarian party with its roots in Italian World War II neo-fascism.

• Warning: Brazil's far-right President Jair Bolsonaro is up for re-election this weekend and is likely to get trounced, according to pre-election polls. But, like the former far-right President of the United States, Bolsonaro has already declared that if he loses, it can only be due to massive fraud. Bolsonaro blames the nation's electronic voting system. Buckle up, Brazil!

• Last week began with three enormous climate change-fueled storms simultaneously slamming Puerto Rico (which is still largely without power or clean water), Alaska and Japan. This week begins similarly, with three huge storms. One (the same one that hit Puerto Rico) slamming eastern Canada and another super-typhoon that spun up from tropical storm to Cat 5 in 24 hours before ravaging The Philippines. The third storm, Hurricane Ian, is now building strength as it edges Cuba as a Cat 2. It's expected to make potentially catastrophic landfall somewhere in Florida in the next day or two, potentially as a Cat 4. Exact landfall location is still unknown, but Desi Doyen joins us to explain how insanely dangerous Ian could turn out to be, particularly for the city of Tampa Bay.

• Then, new polling from the Marquette University Law School, considered the "gold standard" for polling on the U.S. Supreme Court, finds, for the first time, that a majority of Americans are either "strongly" or "somewhat" in favor of expanding the the number of Justices on the Court. As you'll recall, the Republican majority Senate during the Trump Administration, packed and stole the Court majority, first by holding a vacant seat open for a full year (effectively, changing the number of seats from 9 to 8 in 2016); then by a blowing up the Senate filibuster rule requiring 60 votes to seat Justices for lifetime positions on the bench. They did that for three controversial far-right Justices who have since helped the corrupted Republican majority on the Court turn the Constitution and nation upside down by ignoring precedent, making up new "doctrines" from thin air, and overturning critical Constitutional rights established by half-century old SCOTUS opinions like Roe v. Wade.

  For many of the reasons discussed on today's show, expansion of the Court is --- at least in my opinion --- the number one reason for voting for Democrats in this November's critical midterm elections. Everything else --- codifying Roe's protection of reproductive rights into federal law, protecting democracy and the planet itself --- are all ultimately subordinate to the High Court. As corrupted as it currently is, expanding the Court to rebalance it is a must...even if many Democrats in Congress and the White House don't yet seem to understand that. Happily, a majority of Americans, across virtually every demographic sector, now agree.

• Then, we open up the phones to callers on all of the above and more. With, as usual, a bunch of folks calling in to disagree with me, and at least one who correctly identifies the "Big Lie of the Left," that "both parties" are equally bad. They aren't. Not by a demonstrable long shot, as we discuss. Which, apparently, is proof enough that I'm a "professional, managerial class gate-keep[er] for the Democrats!" Who knew? But check please!)

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IN TODAY'S RADIO REPORT: Torrential rains break historic California heat wave, capping Summer of Extreme Heat in the Northern Hemisphere; All reactors shut down at besieged Ukrainian nuclear plant; Will climate champion Charles muzzle his advocacy as King?; PLUS: Looming showdown over energy permitting reform in Congress... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Four major climate tipping points close to triggering (study); Summer is ending, but climate disasters keep coming; New study more than triples estimated costs of climate change damages; Air conditioning has a climate problem. New technology could help; Video games get a new boss monster: Climate change; Energy crisis pushes Europe toward pricing experiments;
On Facebook, misleading coverage of California's energy woes overshadowed extreme climate-driven heat... PLUS: The biggest permitting reform would be more money.... and much, MUCH more! ...

We haven't been able to open the phones to listeners for a few weeks on The BradCast, so today we do. [Audio link to full show follows below this summary.]

First up, however, the latest news on the stunning turn of events over the weekend in Ukraine, where its forces retook scores of cities that Russia had previously captured in the Kharkiv region in the northeast. Russian troops were apparently sent scrambling to avoid being cut off from their supply lines. They left behind weaponry and ammo as they beat a hasty retreat back to the Donbas region in the south in the wake of the surprise counteroffensive.

Moscow continues to pretend nothing happened at all. But even pro-war Russians appear to be furious about it all and could reportedly be turning on Russian President Vladimir Putin. He spent the weekend presiding over the opening of a new Ferris wheel and sports arena, as Ukrainian troops recaptured about 1,160 square miles of territory and are now said to be within about 30 miles from the Russian border.

At the same time, power from the nation's electric grid has --- at least for now --- been restored at Ukraine's Zaporizhzhia nuclear plant, one of the largest in Europe. It was taken over by Russia earlier in the war and power was recently cut off due to nearby shelling (both sides blame the other for it.) With grid power now returned, risk of catastrophic meltdown has been averted for the moment, though shelling in the region could once again put the plant at risk.

Back here in the U.S., there was a strange occurrence on Sunday when a small plane carrying Donald Trump --- dressed in golf attire, including golf shoes --- showed up at Dulles Airport near D.C. It was only Trump's second visit to the nation's capitol since he left office, and he gave no clue or statement on social media that he was going, nor why he was there, in what appears to be a hastily planned visit.

We share some irresponsible (if amusing) speculation from some top Trump Watchers about what the hell might be going on, before opening the phones today to listeners on all of the above and/or anything else they care to talk about.

So, yeah, that led to another lively --- and occasionally bizarre --- show today. Enjoy!...

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For all of the legal experts on TV and Twitter helping the nation understand a flood of ridiculous rulings by corrupt, rightwing, Federal Society-approved judges and Justices, it might also be helpful if they started pointing out the desperate need for structural change in our federal judiciary. We can't lawyer our way out of this mess, but we can reform it. But we're gonna need their help. One of those legal experts joins us on today's BradCast to help make exactly that case. [Audio link to full show follows below this summary.]

First up, however, the Republican "Never Trumpers" of the Lincoln Project are back. And their latest ad is another doozie, pointing out how Trump's sleazy Save America PAC is little more than a "sucker's game" meant to scam his own supporters. "Trump told you the election was stolen to rip you off, to sucker you, to take your hard-earned money and shovel it into his pockets ... It was the biggest scam in political history. ... It was a sucker's game all along."

Apparently, Lincoln Project is running the ad on Fox "News" and it appears to be driving The Former Guy crazy. So much so that he's threatened to sue the Lincoln Project. And now the group's co-founder, Rick Wilson, is begging him to. We share the ad, Trump's pathetic (though hilarious) social media tantrum and Wilson's acerbic (though hilarious) response.

While Trump is unlikely to actually sue Lincoln Project --- and open up his corrupt Save America PAC to the discovery process! --- one of his most recent impotent lawsuits, filed against Hillary Clinton, former FBI Director James Comey, and bunch of other folks at the FBI and DoJ claiming a "conspiracy" against him regarding Russia's interference in the 2016 election, spectacularly crashed and burned before a federal judge in South Florida on Thursday. It was a real judge. Not one that Trump appointed.

As to the federal judge in South Florida that Trump did appoint, Judge Aileen Cannon, who issued the absurd, unprecedented and completely unworkable order on Monday in response to the FBI's court-ordered seizure of thousands of government documents stolen by Trump and stored at Mar-a-Lago, the DoJ pushed back on Thursday night. On Monday, Cannon ordered an injunction against the DoJ's use of the stolen documents, many of them highly classified, in their criminal investigation of Trump's theft until a Special Master examined all of the documents for potential attorney-client and executive privilege conflicts. (There can be no executive privilege conflicts since Trump hasn't asserted it and, no longer the Executive, he is not entitled to any such privilege.)

In their filing [PDF] on Thursday night, however, the DoJ offered a compromise and an off-ramp to Cannon, before they otherwise plan to appeal her ruling in full to the 11th Circuit Court of Appeals next week. Hopefully, Cannon takes the off-ramp to allow the critical criminal investigation and national security damage assessment to continue. But, otherwise, the DoJ may have a long slog before the appeals court which has now been packed with Trump-appointed judges.

All of this --- not to mention the unprecedented rulings by the packed, stolen and corrupted U.S. Supreme Court majority at the end of their term earlier this summer --- underscores how broken our federal judicial system has become. And while there is no shortage of well-meaning legal experts on TV and social media explaining how best to respond to corrupted rulings by corrupted courts, these are problems that the nation cannot litigate itself out of, as our guest argues today.

We're joined again by the great DAHLIA LITHWICK, longtime legal analyst at Slate, MSNBC contributor, podcast host, and author of the new book, LADY JUSTICE: Women, the Law, and the Battle to Save America.

Writing this week with our other legal reporter friend from Slate, Mark Joseph Stern, in an article headlined "The Solution to the Trump Judge Problem Nobody Wants to Talk About" the pair reference the court battle over the stolen documents retrieved from Mar-a-Lago: "The problem is not just the extreme and heinous flaws in Cannon’s ruling. It’s also the Trump-shaped world in which Cannon operates, with impunity, which we will all have to endure for the foreseeable future. It’s the brutal reality that we may face a steady stream of depraved decisions like Cannon’s for the rest of our lives --- and the pain of hearing from every quarter that nothing can be done to remedy it."

"There are too many things wrong with the Cannon order to litigate," they conclude. "And there are too many things wrong with Trump’s judicial dominion of every part of our lives --- for years to come --- to litigate. So maybe it's time to stop litigating them and start fixing them."

How to start fixing them? Well, that's at the center of my discussion today with Lithwick, beginning with the need for "big-swing structural reform" of our courts and how to start making the noise needed to help make it happen.

Also, we discuss LADY JUSTICE, Lithwick's brand-new book --- hitting "shelves" in just a few days --- which "knits together these stories of extraordinary women lawyers" who "faced unbelievable odds" and "changed the world in the Trump era". Now, she argues, "they could do it again."

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Since I kept my whining about the endless heat wave out here in Southern California to a minimum for a change on today's BradCast, I'll do so here instead. The record heat continues. And with no air conditioning at BRAD BLOG World News Headquarters, I only have the strength to muster up some quick links to some of the many stories covered on today's show. Tune in for details! [Audio link to full show follows this summary.]

• Britain's longest reigning monarch, Queen Elizabeth II, is dead at age 96 after her 70-year reign.

• A new Reuters poll find a large majority of Americans (nearly 60%) regard Trump's MAGA movement as a threat to the nation's democratic foundations. But only about 25% of Republicans agree.

• Trump's sleazy former advisor, MAGA swami, and convicted federal criminal Steve Bannon is indicted on 6 criminal counts in New York for money laundering, conspiracy and fraud related to siphoning hundreds of thousands of dollars from the nonprofit "We Build the Wall" campaign. The campaign was supposedly created to construct some border wall between the U.S. and Mexico. Bannon and the group's founders promised they wouldn't take a penny. They lied. Bannon was pardoned by Trump on his last day in office for similar charges at the federal level brought by Trump's own Department of Justice.

• The federal grand jury investigating the January 6, 2021 insurrection at the U.S. Capitol has now reportedly widened its probe to include Trump's scammy Save America PAC. While the political action committee has raised more than $130 million from its duped donors, theoretically to contest the results of the 2020 election, most of the money has gone unspent or, apparently, into the pockets of Trump and his family.

• The same federal grand jury has also now subpoenaed Trump's 31-year old personal aide, William Russell, who worked with him at the White House and has continued to do so since the disgraced former President left office. He is very close to Trump. He likely knows a lot of stuff.

• CNN's investigative unit on Wednesday published a detailed, lengthy story on GOP leaders in Wayne County (Detroit), Michigan caught on video tape teaching pollworkers how to break the rules on behalf of Republicans. We share the version of the story from CNN's Drew Griffin which ran last night on the cable net.

• BREAKING mid-show: Michigan's Supreme Court will allow an initiative on this year's midterm ballot for a state Constitutional amendment that would protect abortion rights in the state. Republican members of the state canvassing board had blocked the proposal --- which had been supported by a record 750,000 signatures --- from the November ballot because, they claimed, there wasn't enough spacing between words on the petition. Seriously. That, after Republicans pretended to believe, following the corrupt Republican U.S. Supreme Court majority overturning Roe v. Wade earlier this summer, that reproductive rights should be decided by the people of the states.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on the historic heat wave in the U.S. West; new threats by Russia to shut off energy exports to Europe; a massive climate change-fueled humanitarian crisis in Pakistan amid record flooding; and more...

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IN TODAY'S RADIO REPORT: Historic heat wave strains electric grids in the U.S. West; Russia issues new threat to shut off energy exports to Europe; PLUS: Humanitarian crisis unfolding in Pakistan amid catastrophic flooding... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Costs of climate change far surpass government estimates, study says; Rising seas could swallow millions of U.S. acres within decades; Thwaites 'Doomsday Glacier' Disintegrating Faster Than Thought; What do we put in the future billions of air conditioners and heat pumps?; Bird Flu Found in Dolphin in Florida and Porpoise in Sweden; How automakers insidiously shaped our cities for cars... PLUS: It Wasn’t Just Oil Companies Spreading Climate Denial --- Utilities Knew, Too.... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Dallas-Fort Worth latest in the U.S. to be hammered by record rains and floods; China rationing energy supplies due to record heat and drought; Unprecedented number of U.S. homeowners at financial risk from flooding; PLUS: Bad news and good about PFAS 'forever chemicals'... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'Game-changer': Democrats' IRA law locks in EPA authority to regulate greenhouse gas emissions; The IRA's hidden effect: destroy fossil fuel demand; Lakes are drying up everywhere. Israel will pump water from the Med as a solution; TVA is dumping a mountain of coal ash in Black South Memphis; How state climate action could be supercharged by the Inflation Reduction Act; Study shows warming oceans could bring spike in seabed methane emissions; 'There's simply not enough water': Colorado River cutbacks ripple across Arizona; Manchin-linked company could reap millions from climate law... PLUS: Here’s every electric vehicle that qualifies for the current and upcoming US federal tax credit.... and much, MUCH more! ...

Longtime listeners of The BradCast know that we see democracy as pretty much the number one issue that makes pretty much everything else possible. Even the climate crisis comes second for that reason. Congressional Democrats, on the other hand, have yet to make the threat that democracy itself now faces in America, thanks to Donald Trump and his GOP, much of a campaign issue. That's both curious and troubling, particularly following a new poll out today finding that democracy is "the most important issue facing the country for a plurality of registered voters." [Audio link to full show follows this summary.]

Among the many stories covered on today's show --- followed by some great callers in the second half today...

• On Sunday, a federal appeals court gave Sen. Lindsey Graham (R-SC) a short reprieve from his scheduled testimony before the special grand jury in Georgia investigating the Trump-led criminal conspiracy to try and steal Georgia's 2020 election. Graham, who reportedly called the GA Sec. of State to see if it might be possible to toss thousands of lawfully cast votes, claims he was just doing his job as a Senator...from South Carolina...and has absolute immunity under the Constitution's "speech and debate" clause. His reprieve [PDF] from Fulton County District Attorney Fani Willis' probe is unlikely to last for long.

• A different federal appeals court ruled on Friday that the Justice Department must release a memo written by its Office of Legal Counsel (OLC) during the Trump Administration, regarding then-Attorney General Bill Barr's decision to not charge the former President for some ten instances of obstruction of Robert Mueller's Special Counsel investigation into Russia's interference in the 2016 election. The DoJ claimed the memo, sought by a good government watchdog group under FOIA laws, was exempt from disclosure because it was part of the deliberative process in deciding whether or not to charge Trump. In fact, as a lower court previously determined, the memo was written after the DoJ had already determined they would not charge Trump.

• Then, we move from the 2016 and 2020 elections back to the current one, now just 78 days away, when political pundits had long been telling us that Democrats would take a shellacking in Congress this November. But, as we've long noted, that Conventional Wisdom is by no means a certainty during these decidedly UNconventional times. Among the latest examples from 2022's UNconventional Times files, emotional remarks last week from a Republican South Carolina lawmaker who regrets his vote --- just weeks after casting it --- to restrict abortion in the state. He relates a disturbing story of a pregnant 19-year old woman whose water broke at 15 weeks, making the pregnancy unviable. But thanks to the state's new "fetal heartbeat" law, attorneys advised her doctors they could not extract the fetus until its heart stopped beating...two weeks later. She could have lost her uterus or even died during the interim. We share some of the state Rep's emotional response and his reasons for refusing to vote in favor of an even more draconian restriction on reproductive freedom now moving through the SC state legislature.

• Still more today from the UNconventional Times file: Signs that inflation appears to be coming down on tons of products whose prices had surged last year. And signs, along with it, that pandemic supply chain snarls appear to finally be easing up as well.

• Of course, all of that good news for American consumers is bad news for Republicans who have been hoping for a terrible economy to help them win back majorities in Congress this November. A new forecast from Fox "News" out today, however, finds that to be less and less likely as polling and other conditions continue to trend back in favor of Democrats. It's still an uphill climb for them in the gerrymandered House, but the GOP is clearly getting nervous. We discuss.

• At the same time, in a lengthy deep-dive, Politico Magazine reported over the weekend that a number of old school Dems from the Carter Administration are concerned that Congressional Democrats are not making enough of a campaign issue out of the threat that Republicans now pose to American democracy itself. That, following Trump's January 6, 2021 U.S. Capitol insurrection and the boatload of bat-crap insane, Trump-endorsed 2020 election deniers who have been nominated for key positions to help decide the 2024 election in swing-states and non-swing-states alike this year. While Congressional Dems offer a reasonable argument for why they have been sticking with other issues this year --- "from energy and the environment to education, roads and infrastructure, abortion, health care, Trump and guns" --- rather than the threat posed by Republicans to democracy itself....

• ...new polling out today from NBC News finds the GOP threat to democracy is now the top concern among registered voters, followed by the cost of living and other economy-related issues.

• So, what do our listeners care most about this November? What issues are leading them to vote (or not vote)? We open the phones to find out and get some very good callers in response including a fun one from a confused Republican...

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On today's BradCast: What you need to know about the stolen national security documents retrieved by the FBI at Mar-a-Lago and the trouble Trump is in. And, about the known results of the strange-world-we-now-live-in primaries and special elections yesterday. [Audio link to full show is posted below this summary.]

First up, those elections, as based on incomplete and/or unverified results in both states.

The biggest story of last night, of course, was conservative Republican Rep. Liz Cheney's loss to a Trump-backed GOP primary challenger in Wyoming for the state's single, at-large House seat. As expected, Cheney lost bigly to former Never Trumper turned MAGA 2020 election denier Harriet Hageman. What does it all mean going forward for Republicans who wrongly hate Cheney and Democrats who wrongly love her and for the Republican Party itself? Cheney offered some hints, as we discuss, in her graceful concession speech on Tuesday night, promising once again that she "will do whatever it takes to ensure that Donald Trump is never again anywhere near the Oval Office."

Then, incomplete results from Alaska, where it has always taken a long time to tally them and will take even longer following election reform adopted by state voters in 2020. They now have an open primary system, where the top four vote-getters go on to general elections which become Ranked Choice Voting (RCV) contests among those candidates.

Like Wyoming, Alaska has just one at-large U.S. House district. But there were two elections for it on Tuesday following the death, earlier this year, of Republican Rep. Don Young. He held the seat for 49 years. One was a Special Election to fill the remainder of Young's term through the end of the year, the other was an open primary for a full term beginning in January.

On the Special, Democratic candidate Mary Peltola currently leads Republicans Sarah Palin (yes, that Sarah Palin) and Nick Begich with about 70% of votes tallied as of airtime. However, because it's an RCV election --- in which none of the candidates received more than 50% of first choice votes --- once the first round of counting is complete, the candidate in last place will be removed and their voters' second place choices will be redistributed to the other two candidates. The entire race is then tallied again. We are unlikely to know the final winner until the end of August, but if Peltola wins, she'd be the first Alaskan native to be elected to Congress.

In the open primary for the full House term beginning next year --- featuring nearly 30 candidates --- it appears that all three of the candidates in the Special will also advance to November's general election. The fourth candidate in that contest has yet to be determined as counting continues. In the state's U.S. Senate race, Republican Lisa Murkowski --- who, like Liz Cheney, voted against Trump in his second impeachment --- will advance to the November general, where she will face Trump-backed Kelly Tshibaka and two other candidates still to be determined, with just over 70% tallied.

Then, longtime, really smart, independent national security journalist MARCY WHEELER of Emptywheel returns to the show for the first time since the FBI's seizure of highly sensitive and classified national security documents at Mar-a-Lago last week, as stolen from the White House by Donald Trump upon leaving office last year.

As usual, we have a lot to cover with Wheeler, who was busy explaining on Twitter last week before anyone else that we know of --- before the unsealing of the FBI's search warrant detailing "probable cause" of three federal statutes violated by Trump --- that the Dept. of Justice was almost certainly investigating the former President for violations of the Espionage Act. As usual, after the warrant was unsealed, she was proven correct.

Also as usual when Marcy's on, you'll need to tune in for the full story. There is simply no way I can detail all of the critical insight and helpful information she has to offer here. But, among the points she helps clarify and explain along with key context from her years of covering similar cases dealing with the Espionage Act, obstruction of justice and the theft of government documents...

• What each of the three U.S. Criminal Code statutes cited in the warrant means, and the evidence that Trump appears to have blatantly violated each of them.
• Were there, or were there not, documents including nuclear records found and/or sought in the search, as reported by Washington Post before the warrant and inventory list of retrieved items was unsealed.
• Are documents sought by the National Archives and DoJ still missing after the search? And/or have they been mutilated or destroyed in violation of federal statutes?
• Despite a signed declaration by one of Trump's attorneys that all of the highly classified documents and other material stolen from the White House had been returned to the government as of June, in fact, that was proven untrue. Who is the insider that tipped off the DoJ?

Wheeler argues that Trump is likely far more concerned about obstruction charges than even violations of the Espionage Act. Why? "We know that some of the documents that were responsive to subpoenas regarded January 6," she tells me, before suggesting reason to believe that some of the documents Trump was trying to withhold might be related to other crimes of his from farther in the past, such as: obstruction of justice in the Robert Mueller/Russia investigation; his attempt to bribe the Ukrainian President ("We know that the White House counsel didn't provide Congress the fullest version of the 'Perfect Transcript' of the Trump call with Volodymyr Zelenskyy. So that's an example of concealing a document that should have been released."); or the transcript regarding the classified Israeli intelligence that Trump gave to the Russian ambassador during an Oval Office meeting ("the documents got altered and disappeared.")

She has much more, including this fresh tidbit regarding obstruction: "There was a leak by one of the rightwing journalists [covering this story] that said, 'People close to Donald say he doesn't have to give [certain documents] over because the Archives will just give it to the January 6 Committee.' I'm like, 'That's a confession of obstruction! He just literally confessed to the elements of the offense for obstruction!' And honestly, Brad, this is something that virtually everyone is missing --- this is the one that Trump is terrified of."

There are many details we still don't not know and more disturbing revelations to come. As Wheeler notes several times, this all likely to get much much worse for Trump. But, she emphasizes, just based on what we already know it's already really really bad for him.

"Every half hour or so," she says, "this flash goes through my brain, and I go, 'Oh my God, Donnie has really, really screwed himself .' There are ways that I can imagine this snowballing that people aren't even grasping at this point. And that is all separate from the question of whether he's taken the nuclear codes and given it to [Saudi Crown Prince] Mohammed bin Salman. You don't really need to get ahead of the game here to figure out things are pretty bad."

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Update 8/21/2022: Once again, our friend "Spocko" thought our interview with Marcy's was so important that he created a full text transcript of my interview with her. AI was used to do it, so it may have some inaccuracies in it. Nonetheless, I suspect it may be useful for easier access to the record.

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While voters were at the polls for primary elections in six states (Arizona, Kansas, Ohio, Michigan, Missouri and Washington) on Tuesday, we take the moment to turn to foreign affairs for a hot minute on today's BradCast.

Happily, few problems were reported for voters at the polls in those six states --- at least that we could find so far today --- beyond another predictable failure of electronic poll books, this time across Mohave County, AZ, for about six hours when polls opened. More issues may reveal themselves before tomorrow, or thereafter, of course. Meanwhile, there are a whole bunch of far-right, Trump-backed, 2020 election deniers on the ballot today, with several running for critical offices such as Governor, Sec. of State and the U.S. Senate. All of which, if those candidates win on Tuesday and again this November, could cause very serious problems for democracy itself in 2024. We'll pick all of that up on tomorrow's show, with whatever noteworthy reported results may be available by then.

But today, we had the opportunity circle back to Russia's ongoing war with it's sovereign neighbor Ukraine, now entering it's sixth horrific month following Russia's invasion on February 24. If you follow most Western media, Ukraine's military is making valiant if deadly headway in pushing back at over-extended and exhausted Russian troops in the South, while Russia presses its offensive in the East.

If you follow Kremlin-controlled media, this is a war special military operation that can never be won by Ukraine, and continues to threaten expansion into a global conflict, including the use of nuclear weapons, as Russia takes great pains to note --- on an alarmingly regular basis.

But, it's not only Russian-controlled media suggesting the war is ultimately unwinnable for Ukraine. A number of foreign policy-centered Western media outlets and think-tanks have long argued similarly in a push for peace talks and a ceasefire in the now war-torn nation of Ukraine.

There was some good news this week, in that an agreement brokered by Turkey and the U.N. between the two warring nations last month has resulted in ships carrying Ukrainian grain finally able to leave port to deliver food around the world. Russian ships will also be allowed to do so through safe corridors established amid mined waters in the Black Sea. If the agreement holds, millions of tons of grain and other agricultural products will finally be able to flow from "the breadbasket of Europe" to help ease rising global food prices and the threat of hunger and political instability in developing nations.

The first ship to leave port on Monday was "loaded with two commodities in short supply: corn and hope," as U.N. Secretary-General Antonio Guterres described it. Beyond that, there is not much to be hopeful about in the protracted conflict.

Writing at The National Interest over the weekend, veteran foreign policy experts and former U.S. National Security officials Steven Simon and Jonathon Stevenson made the case for diplomacy. They called on the U.S. to help encourage a negotiated settlement by making clear to Ukraine that "Neither side can fulfill its maximal war aims" and they must find opportunities for peace talks and, if possible, a cessation of hostilities, despite Vladimir Putin's apparent disinclination to negotiate.

"It is well and good for the United States and its NATO allies to keep arming Ukraine. But it is also time to encourage both sides to start exploring possibilities for a political solution before escalation puts diplomacy even farther from reach," the pair conclude. "And unless the United States and NATO condition military assistance on Ukraine’s constructive political engagement, they will lack the leverage to work effectively towards a stable objective."

But is such a demand appropriate or even possible under the current conditions in the war torn nation? Isn't it up to Ukraine --- which has lost so much in blood, treasure and sovereign territory --- not the U.S. or NATO, to decide when and if Ukraine is ready to negotiate an end to the war?

Those are just some of the difficult and nuanced questions we discuss with our guest today, GEORGE BEEBE, Director of Grand Strategy (yes, I know, an ominous sounding title!) at the Quincy Institute for Responsible Statecraft, one of our go-to think-tanks for smart, no-nonsense foreign policy solutions.

Beebe's is the author of 2019's The Russia Trap: How Our Shadow War with Russia Could Spiral into Nuclear Catastrophe. He served over two decades in the U.S. government as an intelligence analyst, diplomat, and policy advisor, including as director of the CIA’s Russia analysis and as an advisor on Russia to Vice President Dick Cheney. (Yes, we discuss both of those ominous matters --- his work with the CIA and for Cheney --- as well!)

Among the questions and issues Beebe speaks to today: His concern that there is no real exit plan for our current strategy, not unlike the lack of a U.S. plan when we launched the Iraq War in 2003; Is it true that there is no way for Ukraine to "win" this war? That the only way is via diplomacy?; Should it be up to the U.S. and NATO, who are supplying much-needed armaments to help Ukraine defend itself, to decide when Ukraine should negotiate towards a settlement? Or should that remain Ukraine's sole decision?; Does Russia even have an interest in negotiations?; What should we learn from their repeated reminders that a continuation of the war could lead to a potentially nuclear expansion?; And, since it's actually a somewhat related matter, what does Beebe make of House Speaker Nancy Pelosi's controversial visit on Tuesday to Taiwan, and what effect is that likely to have on the Russia/Ukraine conflict?

"This is a very complex issue," Beebe tells me on the matter of the United States' own culpability in the matter. "Most foreign policy issues don't have single factor origins. They're usually the result of a confluence of different forces. What's happened in Russia's invasion of Ukraine is that it is the culmination of a series of developments, missteps on the part of a lot of different players over time, that all contributed to the situation that we're facing today."

"That doesn't excuse the Russians and it doesn't excuse Putin from making the choice to invade Ukraine. I think he is fully responsible for that choice, regardless of what preceded it. It didn't have to happen," he argues. But "Russia certainly has what I regard as understandable security concerns...That doesn't mean that the invasion was justified [or] that the manner in which this operation was carried out was at all justifiable."

"But I also would not say that Putin simply woke up in February and said, 'Hey, I would like to invade Ukraine.' There was a lot that went into shaping that decision, and I think a lot of blame on both the Russian and the Western sides."

As you can tell, there is much to discuss and try to make sense of with the Director of Grand Strategy at the Quincy Institute today. I hope you'll tune in for it!

Finally, Desi Doyen joins us today for our latest Green News Report, with more on the potentially "game changing" compromise bill hashed out by Senator Joe Manchin with Senate Majority leader Chuck Schumer last week, to invest an historic $370 billion in incentives to help us move from fossil fuels to clean, renewable energy in hopes of mitigating our worsening climate emergency; And, on the latest deadly costs of that ongoing emergency across the U.S., as Big Oil --- whose product, and decades of lies about it, are at the heart of the crisis --- declare their most profitable quarter in history...

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