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We have a very serious warning for voters about elections and American democracy and the corrupt U.S. Supreme Court on today's BradCast. Please tune in and listen! [Audio link to full show follows this summary.]

To quickly summarize my half-hour or so long rant at the top of today show...On Thursday, as discussed on our previous show with legal expert Mark Joseph Stern, the corrupt, radical, illegitimate, not-conservative-in-the-least U.S. Supreme Court used a made-up, phony legal doctrine --- the "Major Questions" doctrine --- to justify gutting the Environmental Protection Agency's statutory mandate to protect the environment by regulating climate warming carbon emissions. The so-called doctrine, not found anywhere in the Constitution or historic case law, was made up for use by the Court's rightwing extremists. They are now about to do something very similar in order to gut federal elections and American democracy as we know it in advance of the 2024 Presidential election.

In their last order of business, before the end of this past year's term on Thursday, the Court announced that next term they would take up the North Carolina case of Moore v. Harper. The case involves a voter challenge to the state GOP's newly-drawn U.S. House maps. The NC state Supreme Court agreed the map was an unlawful gerrymander under the state constitution and drew up a fairer map. But North Carolina Republicans sued, charging that state Supreme Court was not allowed, according to the U.S. Constitution, to nix the GOP gerrymander due to the so-called "Independent State Legislature" theory. In short, it's a made up "doctrine" --- not unlike the "Major Questions" doctrine used to justify gutting the EPA --- that has been pushed for a number of years by fringe Republicans.

The ISL doctrine cites some lines from the U.S. Constitution to argue that state legislatures and only state legislatures --- not Boards of Elections or Secretaries of State or Governors or even state courts or Constitutions or popular ballot initiatives adopted by voters --- may dictate how federal elections are run. That is a job solely granted to state legislatures, according to this previously-fringe theory.

It was one of the failed arguments under which Donald Trump supporters tried to claim that emergency pandemic voting rules adopted by state officials (other than the state legislature) were unlawful in 2020. It was also one of the arguments pushed by rightwingers that state legislatures could have simply voted to name Trump electors in states where the voters actually chose Joe Biden's electors.

The "Independent State Legislature" doctrine has never been granted legitimacy by a majority on the U.S. Supreme Court. But, earlier this year, four of the Court's six radical Republicans --- Thomas, Alito, Gorsuch and Kavanaugh --- called for the Court to examine the issue more closely. They now need just one more vote to recognize this controversial Constitutional claim as "legitimate", which is why so many in the election law world are freaking out today after SCOTUS announced yesterday that they will hear 'Moore v. Harper' next term.

Usually, quite staid UC Irvine law professor Rick Hasen's argues "It's hard to overstate the danger" of this case. Vox's Ian Millhiser describes the "grave threat to US democracy" it presents. You --- and elected Democrats(!) --- should be freaking out at this point as well. Or, at least, understanding what is about to happen to what is left of our representative "democracy" if this switch gets thrown by the newly emboldened and radicalized Court.

Given the many radical, not-conservative-in-least rulings over the past several weeks by the six far-right extremists on this stolen and packed Court --- overturning Roe v. Wade, blocking the ability for states to well-regulate firearms, eroding the separation of church and state, all but gutting Miranda rights, further gutting the Voting Rights Act, and torching the EPA's ability to regulate deadly carbon pollution --- we should all be very concerned about what this Court is likely to do regarding Moore in 2023...in advance of the 2024 Presidential election.

We put the case in full context on today's BradCast, and detail why its so important to elect enough Democrats this November --- love them or hate them --- to hold the majority in the House and add enough Democrats to the Senate to finally reform or end the filibuster in order to codify Roe and respond to many of the other matters mentioned above, as well as finally expand SCOTUS to re-legitimize the de-legitimized Trump/McConnell/Roberts Court before they unleash every manner of electoral chaos --- and outright "legalized" stolen elections --- in advance of 2024.

PLEASE. PAY. ATTENTION. TO. THIS. CASE!

Beyond that red flag warning at the top of today's show, and before standing down for a few much-needed days off next week, we also catch up on several other news items of note that we've had to put off over the past week or so due to Congressional hearings, primary elections, and wholly corrupt Supreme Court opinions. Among them...

• After rightwing activist Ginni Thomas, wife of rightwing activist Justice Clarence Thomas, was revealed to have been deeply involved in Trump's effort to steal the 2020 election, she was invited to testify to the bipartisan U.S. House Select Committee investigating the January 6, 2021 insurrection. She received much coverage when she announced she would be happy to do so, declaring, "I can’t wait to clear up misconceptions. I look forward to talking to them.” You'll be shocked to learn that Ginni was lying. This week, her attorney said she will not testify because there is "not...a sufficient basis" for the Committee to interview her under oath.

• A judge in Delaware has found that Dominion Voting Systems has presented sufficient evidence to determine that Rupert Murdoch and his son Lachlan of Fox "News" may have acted with "actual malice" when causing their Republican propaganda station to broadcast false claims that the voting system vendor helped steal the election for Joe Biden. The judge ruled that the billion dollar defamation suit against Fox may now proceed toward trial.

• Here in California, where we recently reported on the attempt by some Democrats in the state legislature to adopt an insane Internet Voting scheme, we've got some good news. After passage in the state Senate, the matter was killed in the state Assembly following critical work by grassroots voting system and cybersecurity experts in opposition and a letter from the Sec. of State opposing the measure as well. But CA Dems keep trying to this, year after year, so watch out for another attempt in future sessions.

• Finally, Desi Doyen joins us for our latest Green News Report on the heels of SCOTUS gutting the EPA's ability to regulate carbon emissions amid our deadly climate crisis and much more...

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On today's BradCast: It was the grand finale at the end of a U.S. Supreme Court term like no other. Now that its packed with rightwing extremists, the unleashed activists on the GOP's illegitimate 6 to 3 U.S. Supreme Court pretended on Thursday that the text of the written law doesn't say what it actually says, in order to offer a parting gift for the year to the fossil fuel industry --- as the nation and globe burn.

The Clean Air Act, as Justice Elena Kagan wrote [PDF] on behalf of the three dissenters, "directs the EPA to regulate stationary sources of any substance that 'causes, or contributes significantly to, air pollution' and that 'may reasonably be anticipated to endanger public health or welfare.'" She made clear that, as the Court has determined on multiple occasions, the Environmental Protection Agency "serves as the Nation's 'primary regulator of greenhouse gas emissions.'"

But, never mind all of that. On Thursday, writing for the Court's far-right majority in West Virginia v. EPA --- and ignoring its own precedents --- Chief Justice John Roberts pretended none of those mandates existed in the law adopted by Congress in 1963 and amended a number of times over the years. Despite any actual existing Administrative rule to regulate carbon emissions by coal and gas-fired power plants --- Barack Obama's Clean Power Plan was put on hold by the Court years ago, and Donald Trump's scheme to restrict the EPA's power to do so was rejected by lower courts --- SCOTUS took up this coal-industry sponsored law suit and gave them pretty much everything they sought, text of the written law be damned.

As they did when striking down the Administration's vaccine-or-test mandate, the Court once again invoked their newly invented "Major Questions" doctrine in order to declare that any issue that may be controversial in any way may not be decided by the scientists and experts at the federal agencies created to handle such things. Instead, they must be specifically directed, by Congress, to do so. Because the Clean Air Act, which tasks the EPA with regulating dangerous pollutants --- such as carbon released by coal-fired power plants, currently exacerbating our deadly climate crisis --- doesn't actually cite "carbon" specifically, the Trump/McConnell/Roberts Court has now declared the federal agency may take no action to help reduce it. Never mind their own previous findings and, of course, the number of Americans who will die because of this ruling.

The opinion was as predictable as it is corrupt. We're joined today by the great MARK JOSEPH STERN, legal journalist and Constitutional law expert at Slate, to discuss the opinion that will not only limit the EPA from doing the job it has already been tasked with by Congress, but prevent many other federal agencies from carrying out their mandates as well. It's all part of the corporate rightwing's long "war on the Administrative State". And it's a war they are now winning --- and we are all losing.

"Massachusetts v. EPA held that the federal government must --- not can, but must --- regulate and limit carbon emissions in the United States because carbon is a pollutant under the Clean Air Act, and thus the EPA has a legal obligation to institute guidelines that reduce the level of greenhouse gases the US is emitting," Stern emphasizes, noting that today's opinion in West Virginia v. EPA "involves a regulation that does not exist."

Nonetheless, "the Supreme Court decided to take it up just to stop Joe Biden from trying" to regulate the greenhouse emissions now warming our planet at an alarming rate. "The Supreme Court," Stern adds, "decided to simply slap limitations on [the Clean Air Act] that do not exist in the text because they do not like it as a matter of policy."

As to the so-called "Major Questions" doctrine, argues Stern, "It's hard to define, because it is made up." It's not in the Constitution and, as far as he can tell, "it comes from Brett Kavanaugh's brain. This was his idea when he was on the lower court, to try to smuggle in a kind of anti-regulatory agenda into what looks like statutory interpretation."

"The basic idea is that if an agency tries to take some kind of very consequential action, that has a serious and vast impact on the people, or the economy, or private industry, then that is a 'major question', and the Congress has to give the Agency an extremely granular and explicit permission slip to do what it wants to do, otherwise the courts will block it. The problem with this test that should be clear, is that it is totally subjective. What looks like a major question to you may look like a frivolous question to me, and it really shifts policy-making over to unelected judges from experts in federal agencies."

Of course, this is just one of the many reasons I don't refer to these people as "conservatives". They don't merely interpret the law and the Constitution, as they claim. They make shit up to justify their politics. They are the "activists legislating from the bench" that Republicans pretend to oppose --- when they are trying to block Democratic appointees from positions on the bench.

There is much more today from the wise and colorful Mr. Stern, on this matter; on a separate (largely good news) ruling from the Court today on immigration policy; on the Court's opinion last week that begins to gut the famous Miranda Rights (the right to remain silent, to an attorney, etc.) for people who are detained by law enforcement (a "sleeper case" overlooked because it came on the same day that the Court overturned Roe v. Wade); on what will or can happen once the illegitimacy of this Court becomes clear to all; and on Justice Stephen Breyer's last day on the Court today before Justice Ketanji Brown Jackson was sworn in as its first-ever black female jurist.

As if that's not enough, a ruling this week by SCOTUS overturned a lower federal court that found Louisiana's newly gerrymandered Congressional District map to be an unconstitutional violation of the Voting Rights Act. The lower court ordered another black majority District to be created, as state Republicans had only one among six, in a state where one-third of population is black. The ruling was similar to another in Alabama, which SCOTUS also struck down recently, ordering both states to use the gerrymandered and unconstitutional House maps drawn by Republicans for this year's critical 2022 midterm elections.

Does this signal the Court intends to overturn the entirety of the landmark Voting Rights Act, as they did with Roe? "Yes," Stern answers, before explaining how "really, they've already done it."

And then there's the new case that SCOTUS announced today they will take up in their next term, as their destruction continues. It's an election case out of North Carolina to allow the Court to create another pretend legal notion that the Right calls the "Independent State Legislature" Doctrine.

"I am terrified about this case," Stern says, as it will almost certainly be decided to allow "state legislatures to appoint electors in the Electoral College to the losing candidate in a Presidential race. Which is exactly what Donald Trump wanted them to do in 2020, and what Ginni Thomas was urging legislators to do while her husband was trying to institute this theory."

"The American people are in deep, deep, DEEP trouble," he warns.

Please "enjoy" today's program!...

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IN TODAY'S RADIO REPORT: Rightwing U.S. Supreme Court strikes major blow to EPA's ability to regulate carbon emissions; Residential natural gas stoves leak carcinogens, even when off, study finds; PLUS: Clean energy jobs are booming! Fossil fuel jobs not so much... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Supreme Court limits historic McGirt ruling; John Oliver on water, drought in the West; Utilities eye electric transition; Environmental groups sue Biden Administration for resuming oil and gas lease sales; Coca-Cola among brands greenwashing over plastic packaging; Shrimp aquaculture is causing a huge problem; Biden aims at China in new illegal fishing policy framework; Court kills Flint water charges against ex-governor, others; EU countries reach climate-crisis deal; NATO moves to tackle military greenhouse gas emissions even while girding against Russia... PLUS: The Green Revolution sweeping Sweden... and much, MUCH more! ...

Please pardon the whiplash on today's BradCast, from our special coverage of the blockbuster J6 hearing in the U.S. House yesterday to coverage of election results in eight states today, and what they both may mean for November. But that's our world right now. [Audio link to full show is posted after this summary below.]

Critical midterm primary elections (and runoffs), and one Special Election for the U.S. House were held on Tuesday in Illinois, Colorado, Oklahoma, Utah, New York, Mississippi, South Carolina and Nebraska.

We've learned of a few reported problems for voters at the poll yesterday in several of those states (IL, MS, UT, NY) which we cover first today. Thankfully, they were fairly limited --- at least so far --- and not terribly egregious.

Then it's on to our curated and wholly incomplete coverage of noteworthy races in a number of those states, some of which may be quite telling regarding November and the so-called "Conventional Wisdom" that Democrats are due for a drubbing. That's what history tells us, of course, about the party in power for midterm elections during the first term of an unpopular President. But, given these exceedingly unconventional times, it'd be a sucker's bet and political malpractice --- for Democrats and democracy itself --- to simply presume history will repeat itself this fall.

Among the many results of note covered today: losses for 2020 election deniers and alleged criminals (like Tina Peters, the indicted County Clerk in Mesa County who lost her GOP primary for Sec. of State bigly, even in her own home county) in CO; losses for corrupt climate change deniers and disgraced former Trump officials (like his scandal-plagued EPA Administrator, Scott Pruitt who came in fifth in a GOP primary for the U.S. Senate) in OK; both wins and losses for loyalist Trumpers and anti-choice zealots in IL and CO (with Dems hoping they'd win their GOP nominations, because they'd be easier to defeat in November); a crushing, if satisfying loss for Rudy Giuliani's son in NY; victories and losses for progressive candidates in several states; And, perhaps most notably today, some telling results from the one D vs. R race on Tuesday, a U.S. House Special Election in NE.

As expected, the Democrat lost that special U.S. House race in NE in an exceedingly Republican district in which the GOP candidate won by 22 points in 2020. But on Tuesday, the Republican won by just over 5 points. More interestingly, in the one Democratic-leaning County in the District held by Republicans since 1964, support for the Democrat spiked from +1 in 2020 to +13 on Tuesday, in the first head-to-head election between the two parties since 'Roe v. Wade' was struck down by the radical rightwing U.S. Supreme Court on Friday. Hopefully, Democrats have taken notice.

There are many mitigating factors that could result in this year's midterms defying history and expert predictions. That doesn't mean they will, but they certainly could, particularly if Democrats figure out how to appropriately activate both their base and those who are furious about SCOTUS stripping away a Constitutionally-protected individual right for the first time in our nation's history.

Initial polling in the wake of Roe's demise find the SCOTUS opinion to be exceedingly unpopular with Democrats, of course, but also with independent voters and even a fairly large chunk of Republicans. We take a look at some of those very interesting tea leaves on today's program and what they could mean for November.

Finally, we close with Desi Doyen and our latest Green News Report, in advance of what is probably very bad news indeed for both the climate and the EPA coming from our corrupt Supreme Court tomorrow! But, for today, we've got news about what sparked New Mexico's largest-ever wildfire; Japan's electric grid facing stress under historic record heat; a new leftist climate hawk President for Colombia; and much more....

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IN TODAY'S RADIO REPORT: New Mexico's largest-ever wildfire was caused by a prescribed burn; Japan's electric grid strains under historic extreme heat wave; Colombia's new president is a leftist climate hawk; PLUS: Extreme weather disasters have affected most Americans, and many suffer long-term financial problems... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Simultaneous heat waves around the world push people and nations 'to the edge'; Germany, Italy push G7 into watering down pledge to end overseas gas finance; U.N. chief declares 'ocean emergency'; LNG explosion shines light on 42-year-old gas rules; Historic wildfires rage across Alaska; Energy security brings conservatives to renewables... PLUS: Tesla partners with California utility on virtual power plant... and much, MUCH more! ...

On a dark and historic day in America (and, apparently, on The BradCast), I offer a few thoughts on how unelected, radical, extremist, activists Justices (who are not "conservative" by any stretch of the imagination, please stop calling them that), who have been packed onto a stolen U.S. Supreme Court majority have only just begun the corrupt work for which their lifetime seats on the High Court were purchased. [Audio link to full show follows below this summary.]

On Thursday, the illegitimate Republican majority simply ignored the written text of the 2nd Amendment's mandate to "well regulate" the right to bear arms by cancelling [PDF] New York's century-old law limiting the concealed carrying of weapons in public, robbing elected state officials of their right to protect their citizenry from gun violence.

Then, on Friday, after declaring in their gun ruling that officials elected by the voters have no right to well regulate firearms, the same corrupt Justices cancelled [PDF] a half century of well-established Constitutional rights to personal privacy and reproductive freedom. The rightwing Court extremists declared that states and, indeed, the federal government, do have the right to force women to bear the child of their rapist --- even as the product of incest or sex trafficking.

In overturning 1973's Roe v. Wade (the landmark 7 to 2 majority opinion written by a non-corrupt Republican-appointed Justice), Sam Alito echoed Clarence Thomas' gun ruling one day earlier by pretending that any specific rights not in existence 233 years ago, when the Bill of Rights was written, lacks the "historical tradition" to be considered a Constitutionally-protected right. (Never mind that whole "well regulated" mandate of the 2nd Amendment which is, as it turns out, literally in the Bill of Rights.)

Neither Thomas' newly divined "historical tradition" requirement for Constitutional rights or Alito's "historical understanding of ordered liberty", are made up out of whole cloth. The concept appears nowhere in the Constitution, which actual, if uncorrupted, conservative legal experts know very well.

As horrible as all of this is, it will only get worse until the corrupt Court is unpacked and expanded to reflect the actual will of the American electorate. The Court's rulings on abortion and on gun safety are opposed by huge, bipartisan majorities.

In a separate opinion on Roe, Thomas --- arguably the Court's most corrupt Justice --- called for the Court to cancel other long-standing Constitutional rights established under the same 14th Amendment privacy rights which the Court has now dismantled in cancelling Roe. "We have a duty to 'correct the error'" by reversing the landmark opinions that established Constitutional rights to contraception, same-sex intimacy and marriage...though not inter-racial marriage for reasons that the inter-racially married Thomas failed to explain.

We share both President Biden and House Speaker Pelosi's responses to today's historically corrupt ruling, as they vow that the fight for Constitutional freedoms is not over and call on Americans to make their voices heard in response this November.

"Today the Supreme Court of the United States expressly took away a Constitutional right from the American people that it had already recognized," the President said. "They didn't limit it, they simply took it away. That's never been done to a right so important to so many Americans. But they did it."

"This fall," he later emphasized, "Roe is on the ballot. Personal freedoms are on the ballot. The right to privacy, liberty, equality --- they're all on the ballot."

They are indeed.

After plenty more on all of the above, we conclude today with our latest Green News Report, most topics of which are also on the ballot this November. Please prepare your voting plans now...

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IN TODAY'S RADIO REPORT: President Biden calls on Congress to suspend federal gas tax to lower prices at the pump; Parts of the Arctic warming five times faster than the rest of the planet; Native American tribes to co-manage Bears Ears National Monument; Offshore wind project pipeline doubles in one year; PLUS: IEA warns Europe Russia could shut down gas exports this winter... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): America's incoherent approach to fighting high gas prices; Climate change, extreme weather disasters damage victims' long term finances; Germany pushes back against EU 2035 fossil fuel car ban; Hot today? This interactive map can tell you how much the climate crisis is to blame; Innovative companies working on cleaning up solar industry's supply chain; Solar bees: solar panel fields help increase honey production in beehives; Costly Vogtle Nuclear Plant forcing investors to hard choices; How fast fashion became faster , and worse for the Earth... PLUS: Why Spain's renewable energy boom is so controversial... and much, MUCH more! ...

He didn't help steal the 2020 Presidential election for Donald Trump, but that doesn't make Georgia's Republican Sec. of State Brad Raffensperger a hero. As discussed on today's BradCast, he did the right thing, sort of, but, as our guest explains today, but for the wrong reasons. Worse, he now appears to be involved in an outright cover-up of wrong-doing by Trump supporters and GOP election officials in the Peach State.

First up today, on the heels of the gripping series of hearings by the bipartisan U.S. House Select Committee investigating Trump's January 6, 2021 insurrection and his multiple attempts to steal the 2020 election, the Dept. of Justice is reportedly broadening their ongoing criminal investigation. Washington Post reports tonight on new subpoenas dropped in a number of states on Wednesday to several of the fake Trump electors who tried to join the disgraced former President in his efforts to rob the American people.

Meanwhile, Tuesday's hearing, as discussed during yesterday's special coverage, was gripping and emotional at times, as it focused on state officials and local election workers who refused to go along with Trump's election theft schemes and were targeted and terrorized in the bargain by the former President and his mob of MAGA thugs.

While there were a number of folks who testified on Tuesday that reacted heroically in the moment, two of them, Raffensperger and his Deputy Sec. of State Gabe Sterling (who served as Georgia's Voting Systems Manager in 2020), should not necessarily be included among them.

The three separate tallies of Presidential election results in the state that both men testified about on Tuesday --- the original machine count, a second statewide hand-count "audit", and a third tally by machine, as requested by the Trump Campaign --- are not quite as pristine as they would have the nation believe. Moreover, Raffensperger's office appears to be carrying out a months long cover-up of a serious breach of the state's voting system by Trump supporters and GOP election officials in GA's rural, right-leaning Coffee County.

As promised on yesterday, we're joined today by MARILYN MARKS of the non-partisan, nonprofit Coalition for Good Governance for a bit of a rebuttal to Raffensperger and Sterling's testimony before the House J6 panel, and an update to a stunning and troubling story of corruption we initially reported here last month, which could have very serious ramifications for elections in both 2022 and 2024.

Marks, who's Coalition has two long-running federal lawsuits against Georgia and Raffensperger --- one, filed in 2017 to block the use of his 100% unverifiable touchscreen voting systems made by Dominion, and the other challenging the state's SB 202 voter suppression bill (I am a named plaintiff, representing media) --- has been analyzing the state's 2020 election results with a fine-toothed comb as part of her group's voting machine case. She explains today that the numbers reported by Raffensperger's hand-counted "audit" and machine-tallied recount, are nowhere near as aligned with the original tally --- and each other --- as Raffensperger and Sterling represented to the Congressional panel.

In fact, hand-counted numbers were tallied in secret and "fudged" by the state to match the original tally from Raffensperger's hand-chosen touchscreen voting systems, she charges.

That still doesn't mean that Trump won the state, as he pretends that he did. The mountain of errors discovered in the tallies, she takes pains to note, went randomly both ways. But they did not match up as perfectly with the original count as the two state officials claimed on Tuesday.

"We have found nothing that would suggest that Biden should not have been declared the winner. However, there are massive problems with the audit, the recount, and probably the original count, as well," Marks describes. "What really happened here, it appears, is that the audit, as well as the machine recount, were fudged, if you will. That may be a strong word for me to be using right now, but I will just say that the numbers are not straightforward at all, that there are many adjustments that they needed to make to try to arrive at claiming that the numbers matched the original count. They do not."

Why didn't the numbers match up? "It's hard to know," she tells me. When he was asked about it during his deposition in CGG's federal lawsuit, Sterling "just shrugged it all off as 'human error.' He did not try to tell us the same thing he tried to tell the Congress yesterday. He did not try to say it's only off by a little bit. We took him through the numbers and he said, 'It's all human error.'" He was certain that the machine results must have been correct and any count that differed "had to be human error. How many years have we heard, across the nation, about how the machines have to be right?"

While Raffensperger's hand-count audit was ostensibly carried out in public view, the public couldn't actually oversee it or follow along. All of the numbers throughout the process were kept secret and sent back to the SoS' office. By contrast with, say, the fully transparent statewide recount of the 2008 Al Franken/Norm Coleman U.S. Senate race in Minnesota, when the public and media were allowed to follow along and track every step and the tally of every ballot, there is no way to know if Georgia's 2020 numbers were right or wrong. Shamefully, as Marks observes, the media didn't raise a peep about it.

She offers much more on that during today's program before we turn to the related topic of the disturbing matter in Coffee County. There, as we reported last month --- along with exceptional investigative coverage from Washington Post and Daily Beast (but not, curiously enough, the Atlanta Journal Constitution, which hasn't covered it at all) --- Trump supporters, in cahoots with Republicans on the Coffee County Board of Elections, made illicit and illegal copies of the sensitive Dominion voting system software used across the entire state the day after the January 6 insurrection.

You may have heard of similar breaches by Trumpers that occurred in Michigan and Colorado (where the Republican County Clerk in Mesa County, Tina Peters, is now facing criminal charges for having done so.) The breach in GA occurred in January, as one of the apparent ring leaders actually confessed to Marks during a phone call, which she was smart enough to record. (We play part of that phone call confession on today's show.)

Though none of this was publicly known, Raffensperger's office, several months after the breach, seized and exchanged the voting server in Coffee, claiming that someone had changed the password so that the system could no longer be accessed. But it wasn't until late last year, when Sterling was asked about all of this during his deposition in Marks' lawsuit that any of it was confirmed. He claimed, at the time, that the matter was being investigated by his office. But, as Marks details today (and in a recent post at Medium), there is absolutely no record of any investigation over the past year and a half by Raffensperger's office. In fact, as Marks suggests today, it appears the Sec. of State is involved in a straight up cover-up of the entire matter.

"This is awfully hard to put together," she concedes when I ask why the SoS, who helped block Trump's efforts to steal the election, would now work to protect those very same people. "It doesn't make much sense at all. So why would Raffensperger do that? Again, we go back to he needs to defend the system more than he wants to defend democracy." He's also running for re-election this November.

Making things worse, as she points out, serious vulnerabilities were discovered and documented in Georgia's Dominion touchscreen systems (which her suit hopes to ban) by one of her lawsuit's expert witnesses. The vulnerabilities were then reviewed and confirmed by the U.S. Cybersecurity and Infrastructure Administration (CISA), which issued a warning to states about it late last month.

But the SoS office has responded in the lawsuit to say that those vulnerabilities are not of concern, since someone would have to spend a lot of times with the system software to know how to exploit them. Well...guess what happened over a year and a half ago in Coffee County?

Raffensperger's "defense is not that the system doesn't have any vulnerabilities," Marks notes. "His defense is, 'Look, you can't get to those vulnerabilities because the software is entrusted in insider election officials' hands.' Not anymore."

It's a big show today, concluding with our latest Green News Report. Please tune in for the full, stunning story...

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IN TODAY'S RADIO REPORT: Extreme heat in Europe smashes records, sparks wildfires and water rationing; Severe U.S. heat wave killed thousands of cattle; Catastrophic flooding in India, Bangladesh; AMA calls climate change 'a public health crisis'; PLUS: Rightwing U.S. Supreme Court majority poised to hand down the most consequential --- and corrupt --- environmental ruling in decades... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Hundreds of homeless die in extreme heat; Climate change: the force multiplier of extreme weather; Avian flu also felling wild animals; Emperor penguin extinction a 'done deal' without global action; 'Heat kills pollen,' posing a looming challenge for global agriculture; Staggering 'off the scale' temperatures in the vast expanse of the Barents Sea region; Emissions from new US natural gas projects will equal 18 million cars; California considers 'carbon farming' as potential climate solution; Native American tribes to co-manage national monument for first time... PLUS: The Dust Bowl: How a natural disaster that happened 90 years ago prophesied our climate-ravaged future... and much, MUCH more! ...

On today's BradCast: Special coverage of Day 3 of the bipartisan U.S. House Select Committee hearings investigating the Trump-incited Jan. 6, 2021 insurrection at the U.S. Capitol and the disgraced former President's multiple attempts to steal the 2020 election from the American people. [Audio link to full show is posted below this summary.]

Before diving into details with our two guests today, I want to cite the must-read written statement [PDF] submitted by one of today's live witnesses, the very conservative, oft-cited and well-respected (if extremely slow-talking) former Judge J. Michael Luttig. Appointed by George H.W. Bush to the appellate court in 1991, Luttig was considered several times during his decades on the federal bench for the Supreme Court. He is often compared to Justice Antonin Scalia and virtually all of his law clerks eventually went on to clerk for Scalia or Clarence Thomas. He was one of several advisors who then Vice President Mike Pence turned to as he was being pressured hard by both Donald Trump and his corrupt attorney John Eastman to toss out legitimate electoral votes on January 6 in an effort to steal the election for Trump.

In short, Luttig is no lefty. He advised the Vice President that he had no legal or Constitutional authority to do anything but essentially read the Electoral College votes aloud during the joint session of Congressional to certify the final results of the 2020 election. Despite extraordinary pressure not to, Pence did the right thing and followed Luttig's advice.

But in Luttig's written statement to the Committee, as I note at the top of today's show, he describes the Republican Party's "war on democracy" and correctly characterizes what so many Democrats and most in the corporate media seem to have a problem saying outloud: "The former president's accountability under the law for the riot on the United States Capitol on January 6 is incidental to his responsibility and accountability for his attempt to steal the 2020 presidential election from the American People and thereby steal America's democracy from America herself."

Was that so hard? Go read his statement in full.

Among the many new items revealed during Thursday's hearing, at which Pence's top attorney Greg Jacob was also a live witness, along with a boatload of videotaped testimony and more disturbing, previously unseen footage from the day of the Insurrection...

• All of Trump's top White House and Campaign attorneys knew the scheme to have Pence invalidate the election was unlawful and/or unconstitutional, describing it as "nuts", "crazy" and worse.
• Trump knew as well, because they told him as much. Repeatedly.
• Even John Eastman, credited with devising the scheme, is known to have conceded its illegality on several different occasions.
• Eastman said he would have seen Al Gore or Kamala Harris using the same scheme to nullify an election as unlawful, but wanted Pence to do it anyway.
• Eastman invoked the Fifth Amendment 100 times during his video-taped, subpoenaed testimony with the Committee.
• After his scheme failed miserably, Eastman sought a pardon from Trump. (He didn't get one.)
• Jan. 6 insurrectionists came within 40 feet of Pence after he had been removed from the House chamber.
• One of the Proud Boys cooperating with the Feds has testified that the white nationalist extremist group would have killed Mike Pence or anyone they got their hands on, including Nancy Pelosi, if given a chance.

We've got a lot to cover once again today and are joined by George Washington University law professor, WaPo contributor and blogger RANDALL D. ELIASON, a former Asst. U.S. Attorney for the District of Columbia, where he served as Chief of the Public Corruption/Government Fraud section. And, as always during our J6 coverage, HEATHER DIGBY PARTON of Salon and Hullabaloo. Both offer important insight on today's hearing and the ones that preceded it, as the damning case against Donald Trump continues to come smartly together.

Among the issues discussed, the "outlandishly blatant partisan hackery" of Eastman, as Parton correctly characterizes it and the criminal liability Trump (and Eastman) now face, as Eliason details. In particular, given his background in criminal fraud as a federal prosecutor, Eliason notes that the scheme detailed in Monday's hearing regarding a fake "Official Election Defense Fund" that Trump used to raise $250 million from his duped supporters is classic criminal wire fraud that should spawn an entirely separate criminal investigation from the one now underway at DoJ. He also speaks to the bogus notion that Trump can't be charged because he truly believed that the election was fraudulent and that the Vice President had the authority to overthrow the election. Both of those points have been decimated by the Committee over the past two hearings.

We also hash out the "controversy" over whether the Committee should issue a formal criminal referral to the DoJ at the end of their proceedings; the absurd, and rather pathetic, whining defenses offered by both Trump and Fox "News" in response to the gripping revelations emerging from these hearings; and much more.

And, as if all of that is not enough, we close with Desi Doyen and our latest Green News Report as the nation (and globe) swelters; Texas thanking its lucky stars right now for renewable energy; the U.N. begging the world to knock it off already with fossil fuels; and a potentially game-changing way to produce emissions-free concrete comes to light...

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IN TODAY'S RADIO REPORT: The rush for new fossil fuel supplies 'delusional,' says U.N. chief; New study finds car tires a surprising source of pollution; New breakthrough promises 'world's first-ever zero emissions cement'; PLUS: Texas' rickety electric grid bailed out by wind and solar energy... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The 1977 White House climate memo that should have changed the world; Is new EV battery breakthrough too good to be true?; Office building to be covered in 'solar skin' of more than 1,000 panels; Pacific Coast crabs are suffocating; FAA unveils climate rules for commercial planes; Climate groups use Endangered Species Act in suit to stop drilling; Biden tells oil refiners: Produce more gas, fewer profits; U.S. government research project to create tiny nuclear reactors like batteries... PLUS: A Hotter, poorer, and less free America... and much, MUCH more! ...

For years, as I told my guest on today's BradCast, I've wondered if we were being too alarmist during his many appearances on the show. But now I'm starting to wonder if we haven't been alarmist enough. "I would say that you and I have been the exact right amount of alarmist," he tells me in response. "Time and time again, the Court has proved that it is going rogue, that it is lawless, that it is really corrupted by partisan politics." If the nation hasn't noticed by now, it is likely about to. [Audio link to full show is posted below this summary.]

Before we get to that cheery conversation, a couple of quick news items today, as voters in Maine, Nevada, North Dakota and South Carolina headed to polls on Tuesday for critical mid-term elections. (Also in Texas, where there is a special election to fill a vacated Democratic U.S. House seat.) Results of note on tomorrow's program.

Wednesday's scheduled hearing in the U.S. House Select Committee investigating the January 6 insurrection and related Donald Trump crimes has been postponed until, presumably, next week. The Wednesday hearing had been set to focus on Trump's failed effort to decapitate the Dept. of Justice in order to install a low-level flunky with a scheme to help him steal the 2020 election by lying to state legislatures that the DoJ had found massive fraud in swing-states. Committee members claim the delayed hearing is only due to a need to give time to their over-worked understaffed video crew. Meanwhile, Thursday's scheduled hearing, focused on the pressure Trump placed on Vice President Pence to help steal the election for him on January 6, is still said to be on track.

In Congress today, the House passed a bill previously adopted by the U.S. Senate to extend security protections to family members of Supreme Court Justices. It's remarkable how quickly Republicans can act to pass laws to protect certain people that they give a damn about from gun violence. Every other family in America is on their own apparently. Best of luck.

And, speaking of SCOTUS, as their term comes to a close over the next two weeks, we catch up with the great MARK JOSEPH STERN, legal journalist and Supreme Court expert at Slate.com, on a whole passel of recent and coming-soon opinions that are currently shaking and set to shake the American legal and judicial system to its core

The outlook, as suggested by my opening graf above, is not encouraging. "I don't know what to tell you except that madness is coming," warns Stern. Tune in for real facts and hard truths about what is coming. But, by way of preview of some of the cases and issues discussed today...

• The tragic case of Terence Andrus, soon to be put to death, and what could represent the end of the Sixth Amendment's guarantee of competent legal representation, particularly in death penalty cases. Perhaps even more astounding, the Court's ruling on Monday directly contradicts their own ruling on the very same case in 2020 when, just two years ago, they sent the matter back down to the Texas State Court, which has since apparently decided that they needn't follow SCOTUS orders. And now, incredibly, with the loss of Justice Ruth Bader Ginsburg and the addition of Justice Amy Coney Barrett, SCOTUS agrees! "There can be no 'settled law' when SCOTUS lets rogue judges flout its own rulings and get away with it," Stern wrote in his coverage on Monday. Today he warns that with the Supreme Court failing to enforce its own precedents, "it really does send this message, a kind of wink and a nod, to lower courts that they can start defying these disfavored precedents, start nullifying these disfavored Constitutional rights, and get away with it. And that is a scary new phase."

• The coming-soon overturning of Roe v. Wade. We haven't spoken to Stern since the unprecedented leak of a draft opinion by the GOP's corrupt, packed and stolen majority which is set to end 50 years of Constitutional freedoms and privacy rights established by the landmark 1973 opinion. He explains that the Court has since cracked down on all such leaks, but that even in a best-case scenario where the final opinion is somewhat softened, the ruling is certain to be "tragic". Moreover, he warns that overturning the privacy rights of Roe will "cast a lot of doubt on decisions protecting the right to privacy --- for gay people, for interracial couples, for people who use contraception --- and lower courts will seize upon that language and use it to start overturning those rights." That is just one reason why the Andrus ruling described above is so wildly dangerous.

• Ending local government's right to protect residents from gun violence. The Court is set to issue its opinion on a challenge to New York's more-than-100-year old requirement that those seeking to carry concealed firearms apply for a special permit to do so. As soon as next week, despite the Second Amendment's mandate that the right to bear arms should be "well-regulated," the NY law is likely to be struck down by SCOTUS. "We should expect the Supreme Court to declare that there is a Second Amendment right, in every state in the country, to carry a concealed weapon in public spaces, even if you have no particularly good reason to want one. And that right cannot be infringed without a very strong interest from the government, which the Court will then explain does not really exist. And, in doing so, will unleash, I think, a wave of violence --- in states like California and New York that have pretty strict limits on concealed carry --- that will be attributable to the Supreme Court," Stern predicts. "But of course the Court will be in its own palace, surrounded by guards and fences, and the Justices will not have to face the lethal consequences of their own ruling."

• West Virginia v. EPA The courts, long ago, placed a stay on President Obama's Clean Power Plan, which would have incentivized the transition from polluting coal-fired power plants to clean, renewable energy production. Then those regulations were replaced entirely by Trump's energy plan. And now, despite absolutely nobody required to follow the Obama EPA's regulations on this, the corrupted SCOTUS decided to take up WV's original challenge to the Obama plan. "This case is incredibly bizarre," Stern rails. "Because right now there is no rule --- I repeat, no rule --- no regulation, that is limiting carbon emissions from coal-fired power plants. None. And yet, the Supreme Court is deciding whether the Biden Administration can issue a rule limiting carbon emissions. You might be asking how could it possibly be that the Supreme Court will rule on a regulation that does not yet exist, that may in fact never exist? The answer is that the usual rules about actually taking a live controversy do not seem to apply when the conservative super-majority really wants to kneecap the Biden Administration's regulatory agenda. So, even though the Court has nothing to strike down, it will almost certainly issue a decision purporting to strike down a regulation that doesn't even exist."

As to what Stern has to say about some cases that the Court is likely to pick up for its next term, particularly on something called the Independent State Legislature doctrine --- which doesn't actually exist either, but may very well soon, and will "either limit or abolish the ability of anyone other than a state legislature to set the rules for federal elections" --- well, I don't have the heart to go into the details here. But tune in if you want to be informed about what is coming next...and just in time for the 2024 Presidential election.

Stern has been warning about the opinions set to drop shortly for a very long time on this program. I leave it to you if you want to know what he warns is coming next.

"I don't know what to tell you except that madness is coming, and all we can do is try to prepare for it as best we can," he tells me. "Because this is the direction that the conservative Justices are moving in. They have telegraphed it very clearly, and they are moving us there just on schedule."

I wish I could say we close out today's show by cheering you up with our latest Green News Report, but we pride ourselves in telling listeners the truth, no matter how grim...

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IN TODAY'S RADIO REPORT: Another early extreme heat wave shatters records across the U.S.; Yellowstone National Park closed due to catastrophic flooding; Explosion at Texas LNG facility further tightens global supplies; Biden unveils first-ever standards for national EV charging network; PLUS: Gasoline prices and profiteering at new record highs... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The race against time to breed a wheat to survive the climate crisis; How fashion giants recast plastic as good for the planet; Wind and solar power are 'bailing out' Texas amid record heat and energy demand; Car tires produce vastly more particle pollution than exhausts, tests show; Flagstaff wildfire forces evacuations as it steadily grows; Southern Company knew about climate change for decades while funding climate denial; Sky News Australia is a global hub for climate disinformation... PLUS: Chemical pollutants linked to declining sperm quality in new research... and much, MUCH more! ...

As we were forced to ask several times on today's BradCast: What the hell is up with Republicans and election fraud in Michigan?! But it's not only in Michigan today, as it turns out. [Audio link to full show follows this summary.]

In upstate New York, in a Rensselaer County city named Troy on Wednesday, a Republican city councilwoman named Kim Ashe-McPherson pleaded guilty to federal charges related to the submission of three fraudulent absentee ballots in both her primary and general election last year. It's a somewhat remarkable and expansive story of apparently a whole bunch of Republican criming going on in Troy and Rensselaer County, with the Albany Times Union describing Ashe-McPherson as "the first person snared in a federal grand jury investigation examining widespread ballot-fraud allegations in Rensselaer County."

Another separate probe by State Police appears to be examining fraud in Troy's Mayoral race, while the GOP Mayor and a whole bunch of GOP County officials have been subpoenaed and/or had their phones seized by law enforcement in recent months. Ashe-McPherson's absentee ballot fraud was apparently carried out with the help of an unnamed insider official at the Rensselaer County Board of Elections. "Earlier this year," the paper notes, "Jason Schofield, the Republican commissioner for the county's Board of Elections, was subpoenaed in connection with the federal investigation." But there's a whole lot of other GOPers who also seem tied into this, and may end up in handcuffs in the days ahead.

Is it any wonder that Republicans accuse Democrats of voter fraud all the time, given that Republicans seem to be constantly committing it themselves?

But things are even more insane in the great state of Michigan. You'll recall that recently, 5 of 10 Republican Gubernatorial candidates vying for the GOP nod to take on Michigan's Democratic Gov. Gretchen Whitmer this November were disqualified from the ballot, after the state Bureau of Elections discovered they had submitted some 68,000 fraudulent petition signatures between them in an attempt to qualify for the ballot. Well, the trouble continues for at least one of the remaining candidates who did manage to qualify without cheating.

All of the GOP gubernatorial hopefuls in MI are 2020 election deniers (despite Joe Biden having defeated Donald Trump in the state by about 150,000 votes, as confirmed by a months long investigation by the GOP-controlled state Senate). But one of the most ardent of the deniers --- and a leading candidate now that the others have been disqualified --- 40-year old Ryan Kelley, was arrested and charged by federal officials on Thursday for his role in the January 6, 2021 insurrection at the U.S. Capitol.

Kelley stands accused, according to the criminal complaint, of disruptive conduct, injuring public property and entering restricted space without permission. Documents filed in court allege he is seen on video that day waving crowds into the Capitol after police lines were defeated. He faces up to a year in prison and a fine as high as $100,000. Perhaps this will actually help his bid for the GOP nomination on August 2nd!

But that's not all we have to report out of MI today, particularly when it comes to GIO election fraud.

Last week, the organizer of a GOP petition effort to qualify a ballot initiative known as "Secure MI Vote", announced they missed the deadline to submit the number of signatures needed. Why did the effort behind this scheme to supposedly curb election fraud with severe new restrictions on voting fail? Election fraud, of course! The organizers discovered some 20,000 signatures they had gathered were fraudulent! (Hey, at least they checked them before turning them in, unlike those 5 GOP Gubernatorial candidates!)

The scheme, however, is even slimier than it sounds. Most of the provisions in the so-far-failed initiative had already been passed by the GOP state legislature, but vetoed by Democratic Gov. Whitmer. But, thanks to a loophole in MI state law, once a ballot initiative qualifies for the ballot, the Legislature is then welcome to pass it into law on a simple, veto-proof majority vote. That was the plan that seems to have failed here.

We're joined today to discuss the entire fine mess by NANCY WANG, Executive Director of the non-partisan, pro-democracy group Voters Not Politicians which, in 2018, enlisted volunteers (rather than corrupt paid contractors) to collect more than 400,000 signatures to place an initiative on MI's ballot for an Independent Redistricting Commission. The measure was successfully adopted by state voters.

"There are so many things wrong right now with the GOP and what they're trying to do with voting rights in Michigan," Wang explains. "What's really caught them is this mixture of incompetence and hypocrisy. They're selling themselves to the voters as the party that's going to 'protect' us from fraud. The only fraud they can demonstrate in our election is what they have inside their own camp. It's ironic, at the very least, that they have been the victim of their own fraud, when they've tried to victimize voters with all of these shenanigans."

Wang walks us through those "shenanigans" and various "loopholes" in state law that allow, for example, petition gathers to be paid by the signature and to lie to voters about the initiative they are asking them to sign on to. In this case, while the GOP group was clear that this measure would never actually be on the ballot, signature gatherers reportedly told prospective signers that the plan was simply to put these issues --- like instituting extreme Photo ID restrictions and restricting absentee voting --- before voters.

"This group is headed by the GOP, funded by the GOP, and they're using the citizens' petition process, lying to voters to sign this thing so that they can do an end-run around the voters," charges Wang. "They're never going to put these provisions on the ballot, they were very clear about that. They were just going to ride this loophole to the legislature to get these voter suppression measures passed." Not that that's what their signature gatherers told people on the ground, however.

"It's about dishonesty. It's about misleading voters. It's about trying to game the system of citizens' petitions. I don't think you could put anything in place that would stop people who don't have any limits whatsoever, any standards that they'll abide by, to further their agenda," Wang tells me.

Next, a story we ran out of time for on our previous BradCast, covering results and other fallout from Tuesday's midterm primaries in seven states. You may recall our coverage of a voting system disaster in Clackamas County, Oregon a couple of weeks ago, where a problem with smeared barcodes printed on vote-by-mail ballots resulted in them being rejected by the computer tabulators. The local County Clerk, in that case, ordered tens of thousands of those otherwise perfectly valid ballots to be duplicated by hand, one-by-one, so they could be run through the tabulators, rather than simply counting them in public by hand.

Well, guess what? It appears the very same thing happened in San Joaquin County, California this week, with 25 to 30% of the County's mail ballots being rejected by the computer scanners. And, once again, rather than hand-counting them, the County is duplicating each and every one of them by hand, this time with the help of about 13 employees from the printing company who screwed up in the first place.

I don't know about you, but I don't want my ballot "remade" behind closed doors by either a County election official OR some schmoe from a commercial printing outfit. But maybe that's just me. In any event, San Joaquin voters may have to wait a bit longer than usual this year for final results in their critical midterm primaries.

Finally, Desi Doyen joins us for our latest Green News Report, with great news for war profiteering Big Oil companies (if terrible news for the rest of us); lousy news about snow disappearing from the previously snow-covered Alps; but some better news regarding the Biden Administration's move to create a new marine sanctuary and end the use of single-use plastic in our national parks...

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