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IN TODAY'S RADIO REPORT: Biden bans Russian fossil fuel imports, Americans approve, even if it raises gas prices; Europe rapidly overhauls its energy security strategy; Dems eye tax on Big Oil profiteering; PLUS: Global CO2 emissions hit new all-time high last year... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Myth-busting: America can't solve its gas price problem (or its Russia problem) with drilling; GOP's Biggest Whoppers About Biden And Fossil Fuels; Trump oversaw massive increase in Russian oil imports on his watch; Shell is betting big on offshore wind following UK ban on Russian oil; Right-wing media is pinning the blame on Greta Thunberg and climate activists for Russian invasion of Ukraine; EPA restores CA authority to set its own auto pollution rules; Biden pushes Congress to help burn pit veterans... PLUS: Half of American adults exposed to harmful levels of lead as children... and much, MUCH more! ...

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

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

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

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

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

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

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

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IN TODAY'S RADIO REPORT: Biden touts infrastructure and clean energy in State of the Union address; Majority of Americans willing to shoulder higher gas prices to help Ukraine; PLUS: Russian oil and gas industry getting pummeled as another oil giant pulls out... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Australia's record-breaking floods can be traced back to one thing; Climate responses that backfire are a growing problem; For the first time, nations band together in a move toward ending plastics pollution; Wildfires may slow recovery of the ozone layer; Congress has historic chance to protect America's free-flowing rivers; GAO concerned by flood risk management at nation's hazardous chemical facilities; Oil industry stirs blowback after weaving war into US lobbying; Why Ford didn't spin off its EV business; Florida's beloved Key Deer close to climate extinction... PLUS: World's insect population is in decline, and that's bad news for humans... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Western countries escalate sanctions against Russia, but not yet on Russia's energy exports; Dire new U.N. assessment warns we are running out of time to adapt to climate change impacts; PLUS: U.S. Supreme Court hears challenge to EPA's authority to regulate greenhouse gas emissions... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): How can I reduce my gas consumption?; One way to combat Russia: move faster on clean energy; Operator of Nord Stream 2 files for bankruptcy; Biden's first offshore wind lease sale shatters records; 15 nuclear reactors are in the Ukraine war zone; California's Sierra snowpack vanishing months early, drought looks inevitable; U.N. to agree on 'historic' plastics treaty; Biden could score a climate victory in a single word: 'plastics'... PLUS: Chicken Frenzy: a state awash in hog farms faces a poultry boom... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Germany pulls the plug on Russia's critical Nord Stream 2 gas pipeline; Fourth tropical cyclone in four weeks batters Madagascar; U.S. fracking industry curtailing production to goose fossil fuel prices; PLUS: Dakota Access Pipeline developer loses bid to block new environmental assessment... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Russia-Ukraine crisis opens new era of petro politics; E.U. will unveil a strategy to break free from Russian gas, after decades of dependence; After years of pollution violations, Tesla is fined $275,000 by the EPA; Veterans exposed to toxic burn pits face uphill fight for health benefit; U.S. Postal Service finalizes plans to purchase mostly gas-powered delivery fleet, defying EPA, White House; 3 white supremacists plead guilty in plan to attack power grids; Top companies undermine climate pledges with political donations; Global Wildfire Activity to Surge in Coming Years... PLUS: A new tundra in Alaska, engineered by new arrivals --- beavers... and much, MUCH more! ...

Our guest on yesterday's BradCast nailed it. The stolen and packed U.S. Supreme Court did, in fact, strike down one of the Biden Administration's vaccine mandates today (the one that allows employees to not get vaccinated if they choose), while narrowly approving the vaccine mandate for all health care workers at facilities that receive federal funding. [Audio link to full show follows this summary.]

The Omicron surge continues to rack up both record infections and hospitalizations. Death counts are now on the rise as well. Though there are hopeful signs that some parts of the U.S. may be peaking or plateauing, and that, in a few weeks, the surge may plunge as quickly as it initially spiked over the past few weeks. The advice this week from the Los Angeles County Health Director to hang on for just a few more weeks and avoid any non-essential public gatherings, particularly indoors with the unvaccinated or those at high risk of severe illness during that period, is likely good advice for everyone in the nation at this time.

That is especially true now that the non-medical experts at the U.S. Supreme Court seem dead set on preventing actual experts charged with protecting workers from helping to protect millions of them.

As Slate's ace legal journalist Mark Joseph Stern predicted on yesterday's BradCast, the packed Republican Supreme Court did, in fact, put a stay on President Biden's Occupational Safety and Health Administration (OSHA) mandate for workers at large companies with more than 100 employees to either get vaccinated or get tested weekly. The other case heard during emergency oral arguments last week, the Administration's Health and Human Services mandate for vaccination of all workers at health care facilities that accept Medicare or Medicaid funding, was narrowly allowed to remain. Chief Justice John Roberts and Brett Kavanaugh joined the Court's three liberals in a 5 to 4 opinion [PDF] on that one.

Today, we step through the absurdities of the Majority opinion from the Court's rightwingers on the stayed employer mandate [PDF], as well as the even more absurd --- but dangerously so --- Concurring opinion authored by Justice Gorsuch with Thomas and Alito, as well as the furious Dissent, jointly penned by Justices Breyer, Sotomayor and Kagan.

"Underlying everything else in this dispute is a single, simple question," the Dissenters wrote, 'Who decides how much protection, and of what kind, American workers need from COVID–19? An agency with expertise in workplace health and safety, acting as Congress and the President authorized? Or a court, lacking any knowledge of how to safeguard workplaces, and insulated from responsibility for any damage it causes?"

The stinging Minority dissent derides the non-expert Court Majority for being the ones to decide that the non-experts in Congress, as opposed to the experts at the Executive Branch agency charged by Congress via specific statue to protect workers, must make specific medical decisions through legislation for those workers. It is, of course, madness. Especially, as the Dissenters note, the Court's "Members are elected by, and accountable to, no one," whereas those at OSHA are not only experts, but "responsible to the President, and the President is responsible to—and can be held to account by—the American public."

Tune in for all the details. But the good-ish news for the moment is that only three of the Court's rightwingers were willing to sign on to the idea that statutes granting Executive Agencies the power to regulate things should be ignored when there is a "major question" at stake, as we discussed in some detail with Stern on Wednesday. But that good-ish news may not stand for long, as the Court will hear a case next month with even broader implications, as to whether the EPA, despite its statutory charge by Congress, is allowed to regulate pollution that is causing our climate emergency and much more. As we detailed yesterday, we are, in fact, watching the far-right "deconstruction of the Administrative state" before our very eyes.

Then, in what would, during normal times, be our lead story today, we quickly cover the arrest of Stewart Rhodes, the founder and leader of the far-right Oath Keepers militia outfit, who, along with ten others in his group, were charged today "seditious conspiracy" for their part in the Trump-incited attack on the U.S. Capitol on January 6, 2021, as part of Donald Trump's plot to steal the 2020 election.

The federal charges are the most serious to date in relation to the January 6 attack and are precisely what our guest from several weeks ago, Marcy Wheeler of Emptywheel, told guest host Nicole Sandler was likely to soon happen, as the Dept. of Justice and Attorney General Merrick Garland continued a painstaking bottom-up probe. And yes, we did interview the Oath Keepers' Rhodes on this program back in 2016. Here is a link to that lively, if occasionally testy, interview.

And, in one more related matter on an absurdly busy show (restructured about five times before air today as news kept breaking!), GOP House Leader Kevin McCarthy, who recently told a reporter he "wouldn't hide from anything" when he asked if he was willing to speak to the bipartisan House Select Committee investigating January 6th, refused to cooperate with a voluntary invitation on Wednesday to speak with the Committee. In response to the news, Carl Bernstein (of Watergate's Woodward and Bernstein) told CNN on Wednesday night that the Committee already "has the goods" on McCarthy and what he said to Trump on Jan. 6 "and McCarthy has lied about it since."

"So, we have a real conspiracy, a real cover-up, real stonewalling in excess of anything we saw in Watergate," said Bernstein...who should know.

Finally, Desi Doyen joins us for our latest Green News Report, which is packed with even more news during the final few minutes of today's program...

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

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

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IN TODAY'S RADIO REPORT: U.S. emissions spiked in 2021, jeopardizing Paris climate targets; 2021 clocked in as the fifth hottest year ever recorded; PLUS: New York State's new Governor goes big on climate and clean energy... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The hidden agenda behind the attack on vaccine mandates; Disinformation rampant on clean energy; USDA to double cover crop planting to address climate change; Manchin's coal corruption is so much worse than you think; Biden to scrap plan for wider Alaska oil drilling; Lakes are losing their ice cover faster than ever; US has twice as many abandoned oil and gas wells as previously thought; Fusion energy is a reason to be excited about the future... PLUS: From small to large, five green hydrogen projects to watch... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: 2021 brought a wave of deadly, and expensive, extreme weather disasters in the U.S., but also some very good news; Big battery storage is soaring on America's electric grid; Sales of gas-guzzling SUVs hit new record; PLUS: Biden Administration mobilizes to rid the nation of millions of lead pipes... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'Top of the list': W.Va. faces surprising climate dangers; Schumer promises January vote on BBB climate spending bill; he hidden, ugly truth behind Joe Manchin’s stance on BBB’s climate provisions; Biden administration moves to expand solar power on US land; Native Americans’ farming practices may help feed a warming world; GOPer on wind turbines: "They don't kill birds like they said"; $475 million ettlement proposed in longest-running US oil spill; GAO: DOE risks wasting ‘significant funds’ on CCS... PLUS: Halliburton keeps 'losing' evidence of its fossil fuel screwups... and much, MUCH more! ...

Today on The BradCast: As the year grinds toward another bizarre, unbalanced close, America tries to pick up the pieces and keep moving forward. So do we. [Audio link to full show is posted below.]

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

• On the heels of Sen. Joe Manchin's stunning weekend announcement that he was breaking his promise to the President and his party to support the Build Back Better Act, which includes nearly $600 million to fight climate change and help coal miners in Manchin's home state, the nation's largest mining union is hoping that the West Virginia Senator will reconsider his decision. Among the funds in BBB is money earmarked for victims of black lung disease as well as tax incentives to help ex-miners from the dying industry and to protect its union workers. While Manchin makes millions from the coal industry via the coal brokerage firm he founded, which is now owned by his son, he doesn't appear to give a damn about the industry's actual miners.

• A few additional thoughts today on why the corrupt Democratic Senator from West Virginia --- who is killing the most progressive climate and social spending agenda in the nation's history (after every single Republican in Congress has refused to support it in anyway) --- is still needed in the Democratic caucus. For a start, without him, there would have been no American Rescue Plan (which sent $1,400 checks to Americans earlier this year, expanded the Child Tax Credit program to send $300 per child each month to parents, and helped get hundreds of millions vaccinated), nor would President Biden have been able to seat a record number of federal judges in the first year of his Presidency. Without Manchin as a Democrat --- love him or hate him --- Mitch McConnell and the Republicans would be in the Senate majority right now and none of Biden's many critical accomplishments to date would have happened.

• So, why did Manchin decide to break his promise to his party and the President on BBB? Steve Clemons reports that while negotiations between the two Joes had been moving forward, even if slowly, the thin-skinned Senator didn't like being singled out by name in a statement from the White House --- even though the statement was largely encouraging about the state of negotiations. Lame. But we think that even that explanation is likely little more than excuse for Manchin's betrayal. We explain why.

• Next, the remarkably transmissible Omicron variant of the coronavirus is spreading at an absolutely unfathomable speed in the U.S. just before the Christmas holiday, according to the latest CDC numbers out this week. In little over a week, it appears to have gone from just 3% of cases to 73% of cases nationwide, all but edging out Delta entirely. There are one or two possibly encouraging pieces of news about the new variant, but it will still be a matter of weeks before we know if those potentially reassuring points will come to pass. In the meantime, a whole bunch of people are going to get sick and many are likely to die. Almost all of those who get severely ill and face both hospitalization and death will be those who refused to (or couldn't, for legitimate reasons) get vaccinated, including with a critical booster shot.

• Among those who received a booster shot recently --- in secret --- is former President Donald Trump. That, after suggesting in September he was unlikely to get one. Turns out he's a liar. Who knew?

• Amidst the disturbing news of Omicron's lightning surge, and the hospitals that are likely to become overwhelmed very shortly across the nation (many already are), President Biden addressed the nation from the White House on Tuesday afternoon. He shared the Administration's plans to try and minimize the coming damage. Biden announced that the federal government will spend more than a billion dollars on free home COVID test kits; instructed the Pentagon to be prepared to deploy more than 1,000 National Guard troops to help overcrowded hospitals handle the coming testing, infection, and hospitalization surge; is activating FEMA to deploy additional hospital beds where hospitals are overrun, and to have ambulances on standby to help transport patients from one overrun hospital to another where a bed may be available. He reiterated the need for everyone to get vaccinated and explained what families should and shouldn't do over the coming holidays. We share his address in full today, and offer a few thoughts in response.

• Finally, Desi Doyen joins us with our latest Green News Report on climate fallout from Manchin's BBB announcement; a deadly December super-typhoon that slammed the Philippines; and some good news on mileage standards from the EPA and for the U.S. offshore wind industry...

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IN TODAY'S RADIO REPORT: Manchin's Build Back Better bombshell threatens to cancel Biden's climate agenda; Unusual deadly December super-typhoon slams Philippines; EPA issues stringent new mileage standards; PLUS: U.S. offshore wind industry wins key decision... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Can Reality Denial be Countered?; DOJ Charges 3 Companies For OC Pipeline Break; From the pandemic to climate change, Americans are still expected to work no matter what happens; EPA begins rolling out billions to clean up Superfund sites; U.S. fishing industry teams up with oil lobby to fight offshore wind; Black Communities Become "Sacrifice Zones" for Industrial Air Pollution; Unprecedented die-offs, melting ice: Climate change is wreaking havoc in the Arctic and beyond... PLUS: Walmart sued over huge illegal dumps of toxic waste in California landfills... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: President Biden's new Executive Orders set federal government on path to net zero emissions by 2050; Florida's beloved and threatened manatees to get unprecedented help this winter; New England grid operator warns of heightened risk of rolling blackouts; PLUS: Don't look up! Hollywood's fictional doomsday stands in for an all-too-real threat... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Climate Deniers Attacking "Woke" Climate Policies; Massive oil spill helped one billionaire avoid paying income tax for 14 years; Should humanity tinker with oceans to suck up more carbon? Dr. Mann: "No"; The world’s largest freshwater wind farm is now online; These chemicals that disrupt the reproductive development in children, and they are everywhere; Youngkin pledges to withdraw VA from regional carbon market; Embracing wetter future, Dutch turn to floating homes; Alaska's absent snowy owls... PLUS: Navigating the energy transition is going to be, um, challenging... and much, MUCH more! ...

On today's BradCast, we've got trouble both at home and abroad. But what else is new? [Audio link to full program is posted at the end of this summary.]

As if our domestic problems aren't disturbing enough, a couple of roiling foreign policy issues are landing on Joe Biden's desk this week. The President met via video-conference on Tuesday with Russia President Vladimir Putin to discuss the troubling build-up of Russian forces near the border of eastern Ukraine, suggesting a full-scale invasion of the former Soviet bloc country could be imminent in coming weeks and months. Biden reportedly threatened serious economic consequences for Russia if that happens. For his part, Putin seeks a commitment from NATO that Ukraine will never be allowed to join the joint defense organization. That condition is said to be a non-starter for both Biden and our NATO allies.

Elsewhere, China is none too happy with Biden's decision to implement a "diplomatic boycott" of the upcoming Winter Olympics in Beijing. Though U.S. athletes will be allowed to attend, Administration officials will not, leading China to describe the move as an "outright political provocation" and vowing "firm countermeasures," whatever that might mean.

Meanwhile, here at home, we're still trying to clean up after Donald Trump's attempt to steal the 2020 election, while trying to prevent him and the Republicans from more successfully stealing future elections. It won't be easy.

Last week, following the two federal indictments of Steve Bannon for failing to answer lawful subpoenas issued by the U.S. House Select Committee investigating the January 6th attack on the Capitol, Trump's former Chief of Staff Mark Meadows agreed --- sort of --- to cooperate with the Committee in regards his own subpoenas. Today, he reportedly changed his mind and, in turn, may also now be looking at indictments in the days ahead, along with two years in prison. Apparently his boss, the disgraced, twice-impeached former President, doesn't want him talking to the Committee for some reason. Happily, Mike Pence's former Chief of Staff, reportedly --- along with hundreds of others --- are already doing so.

With at least some accountability now likely in the offing for Meadows --- even as Merrick Garland's Dept. of Justice has, to date, brought no accountability on its own to the former President and his criminal clan for an endless list of crimes that includes the attempt to steal 2020 --- the Department filed a new lawsuit against Texas on Monday. The litigation seeks to block the Lone Star State's new Congressional and legislative maps as violations of the Voting Rights Act. While Texas gained two new House seats following the 2020 Census, they have now added two new White-majority Congressional Districts and eliminated a Latino-controlled seat. That, despite the fact that 95% of the population growth in the state is thanks to Latinos and Blacks. The DoJ, in their press conference announcing the suit yesterday, noted this isn't the first time TX has attempted to racially gerrymander its maps for partisan advantage. Though it may be much more difficult to challenge them this time around with the gutting of the VRA by the U.S. Supreme Court in recent years and, of course, the Republicans having packed the Court's 6 to 3 majority.

But as the GOP prepares to win a majority of the House in 2022 with a minority of votes from Americans, the vagaries of both the U.S. Constitution and the Electoral Count Act (ECA) of 1887 may make it easier to steal the Presidential election in 2024 as well. Longtime Republican election attorney Ben Ginsberg --- who helped steal the 2000 election for George W. Bush but rejected Trump's attempts to steal 2020 --- is now pressing his own party to reform the ECA before it comes back to bite them in the future.

It was, in fact, confusion surrounding the incredibly poorly written ECA that Team Trump hoped to exploit to their advantage when they tried to coerce then Vice President Mike Pence to declare electoral votes in a number of swing-states to be invalid during the joint session of Congress to certify the electoral votes on January 6. He refused, but the usually pro forma Congressional certification of the Electoral College, as you know, was then interrupted by Trump's MAGA Mob insurrection, in his last desperate attempt to steal the election that he lost.

We were joined on this program, on January 4th, by election law scholar and democracy activist PAUL LEHTO who joined us to warn, at the time, of the dangers that awaited on January 6th, thanks in no small part to the confusing ECA and Team Trump's attempts to take advantage of that confusion. Lehto joins us again today to discuss Ginsberg's recommendations to reform the Act and whether such reforms --- even if they could ever be adopted by the current dysfunctionally divided Congress --- would help to avoid another attempted theft of the Electoral College by Trump...or anyone else.

"If Congress understood that all they are doing is tabulating votes --- their scope is very limited --- they wouldn't have these disagreements about whether the Vice President has a sweeping authority to do this," Lehto explains. "They would realize they're clerks. But because that's not an understanding that's out there like it ought to be, yet another major norm of democracy, you could say, is being completely violated. And that's why there are so many holes that can be manipulated in the ECA. Because people are looking for 'How can we game the system?'"

Lehto, whose warnings were prescient in November, December and January, warns today that while the ECA "ought to be amended...whenever you close a loophole, the action just moves to the loopholes that still exist. Amending the ECA all by itself isn't going to solve the problem. Because you have constitutional issues, you have issues of people being partisan when they really should be patriots and act like clerks counting ballots."

He also has a few thoughts on what would help make Presidential elections less fraught and easily exploited, which involves both transparency and some key changes to the Constitution. "I think maybe what Democrats don't fully give enough weight to is the fact that we have an ancient Constitution that did not provide a democratic means of selecting the President," he tells me. "So that feels anti-democratic and fraudulent to Democrats, but that's what the system was set up. So we need to amend the Constitution in order to have it line up with what our reasonable expectations are for living in a modern democracy."

Finally, we're joined by Desi Doyen for our latest Green News Report, with troubling news for the Western U.S. and for Christmas tree fans, but with a bit of good news out of Scotland...

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IN TODAY'S RADIO REPORT: Climate change is changing Western U.S. forests, and altering mountain snowpack; December heat wave breaks records, sparks unusual late-season fires; Climate change is coming for Christmas trees; PLUS: Oil giant Shell ditches controversial Cambo drilling project in Scotland... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): A fraught and rocky energy transition pathway; CO2 tax at Europe's border: Revolution or protectionism?; One U.S. state consumes half the oil from the Amazon rainforest; Gambling 'America’s Amazon': toxic coal ash waste pit in one of America’s most biodiverse river systems; How state and local governments can leverage landfill solar; Norway rules out 2022 oil licenses in unexplored areas... PLUS: Desertification: How to stop the shifting sands... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: The 2021 Atlantic hurricane season is finally over, and it was a costly record-breaker; U.S. is the world's biggest contributor to plastic pollution; Big breakthrough could charge electric vehicles in five minutes; PLUS: A ray of sunshine for monarch butterflies... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Green Upheaval: The New Geopolitics of Energy; Oil giant Shell strikes deal to buy power from 'world’s largest offshore wind farm'; Michigan to drop federal lawsuit against Enbridge over Line 5; Solar and crop production research shows ‘multi-solving’ climate benefits; Feds declare East Coast herring fishery a disaster; Poll: US majority supports EV transition by 2030; Climate change is making it harder to provide clean drinking water in farm country; Snowpack in California’s Sierra Nevada could disappear in just 25 years... PLUS: Fossil fuel firms to make billions from tax break in Dems’ budget bill... and much, MUCH more! ...