It's NICOLE SANDLER, back one last time in 2021, guest hosting The BradCast for Brad and Desi. As we approach the end of the year, it's almost required to look back at the year and pass judgment on how it went. So we'll do some of that today. [Audio link to full show is posted at end of this summary.]

I think one of the more important jobs of any President is choosing the people who'll make up the cabinet and perform other important functions in the government. It's hard to forget TFG (the former guy) bragging that he'd hire "Only the best people". Well, we know how that went. Did Joe Biden do better?

I’m joined today by JEFF HAUSER, director of The Revolving Door Project, who scrutinizes the executive branch appointments. We'll get his thoughts on Joe Biden's picks as his first year in office draws to a close next month.

As usual, we’ll start the show with the latest news, of which there was precious little this week. But, shortly before publishing today’s show, actual news did break! The jury is back in the Ghislaine Maxwell trial… She was accused of recruiting teenage girls to massage pedophile Jeffrey Epstein at his homes in Palm Beach, Florida, New York, New Mexico and elsewhere between 1994 and 2004.

Well, she was found guilty on five of six counts including conspiracy to commit sex trafficking and sex trafficking of an individual under 18. She was found not guilty of enticement of one individual under 17 with the intent to engage in illegal sexual activity.

So that happened…

And we’ll end the show with a warning to America about a big threat from down here in Floriduh…You can thank me after Election Day 2024, I hope...

That's it for me over here. Brad and Desi will be back after the New Year. May we all finally have one that we can be happy about!...

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It's the excruciatingly long final week of the year. Brad and Desi are on vacation. I'm NICOLE SANDLER, holding down the fort and guest hosting The BradCast for a few days. [Audio link to full show is posted below this summary.]

I have a busy show for you today. But I start today's companion post with a bit of a retraction from the CDC which just arrived in my inbox. I honestly don’t know whether to laugh or cry, as it showed up just as I put the finishing touches on today's show.

Our first guest today is JOHN M BARRY, a professor at Tulane and author of a number of books. The one we're concerned with today is The Great Influenza: The Story of the Deadliest Pandemic in History. Barry literally wrote the book on the closest approximation of what we're living through right now. So I wanted to check in with him to ask how the 1918 Spanish Flu finally ended, and to ask if we might be on the same track with the arrival and potential predominance of the Omicron variant. And, frankly, it appeared that I may have hit on something.

At least until five minutes ago, when I received this alert. "CDC significantly cuts estimate of omicron's prevalence in US," reads the headline at The Hill. So I kept reading...

I guess that just means the situation is even more dire than we thought.

Also today, I reached back into late 2020 for our second interview, but there’s a method to my madness. In October of 2020, NY Times columnist NICHOLAS KRISTOF and his wife, Sheryl WuDunn, produced a film to go along with the book they released the previous year with the same title, Tightrope: Americans Reaching for Hope.

In it, Kristof takes a hard look into poverty in America, the wealthiest nation on the planet. He takes us back to his hometown of Yamhill, Oregon, where people are really struggling.

Perhaps it was the journey of making the film and writing the book that convinced Kristof to make a major life change. This year, he quit the NY Times, moved back to Oregon and launched his campaign to run for Governor. It appears to me that he's doing it for all the correct reasons. Listen to our conversation, and you’ll understand what I mean…

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Welcome to that weird week between Christmas and New Years during which not a lot of news is made, and we'd all rather be doing something else! Well, Brad Friedman and Desi Doyen are off doing something else, so you got me again, NICOLE SANDLER as your trusted guest host, filling in today on the The BradCast! [Audio link to today's show is posted at bottom of this summary..]

After a perfunctory look at the lack of news happening today, we're joined by MARCY WHEELER, the independent investigative journalist based at emptywheel.net, who covers national security and civil liberties. For the past few months, she's been covering the pleas and proceedings around the January 6 attack on the U.S. Capitol.

Of the 700 plus who've been arrested so far for their participation in the riot and/or insurrection, Marcy tells us that around 100 have cut deals with the court, most of them on trespassing charges.

The best thing I heard from Marcy is that she believes justice is being served. And though the wheels of justice turn excruciatingly slowly, she thinks the criticisms being lobbed at Attorney General Merrick Garland are somewhat overblown and claims that DOJ is doing the necessary groundwork to fully prosecute those responsible.

I wanted to know if the groundwork will eventually lead to charges against the former president, and she referred me to a post she wrote back in August at emptywheel titled "How a Trump Prosecution for January 6 Would Work", in which she suggested it'll all come down to obstruction of justice...which is what the U.S. House Select Committee investigating the attack seems to probing regarding Trump et al right now...

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What would Henry Ford think about his company's new, all-electric F-150 Lightning pickup truck? Clues are available yet again this year, scattered throughout the program, as he hosted several great BradCast episodes from the bygone days of yesteryear.

So, dim the lights, stir up a cocktail, stoke up the fireplace and, for God's sake, put the kids to bed! (Or don't. What do we care? Maybe they'll learn something for a change.)

No masks required, as we travel back to the 1930s and 40s to revisit some of our earliest BradCasts from the golden days of radio, featuring three timeless short radio plays from the days when our program was still sponsored by the Ford Motor Company of Dearborn, Michigan and introduced each night by Mr. Ford himself!

Enjoy the world-renowned "BradCast Radio Theatre Players," featuring a very young Brad Friedman, Desi Doyen and the late great actor/playwright Paul Byrne!

And to all a good night! (Except to Communists!)

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On today's BradCast, we continue to catch up with a few of our favorite progressive journalists as the year grinds down. And, yes, there are still a few things to celebrate before Christmas. [Audio link to full show is posted below this summary.]

This week, unionized Kellogg's workers in four states --- Michigan, Nebraska, Pennsylvania and Tennessee --- approved a new five-year contract after a long, 11-week strike. The corporate cereal behemoth had recently threatened to replace the strikers with new, permanent (scab) workers. But, according to members of the Bakery, Confectionery, Tobacco Workers and Grain Millers (BCTGM) International Union, the loud support of lawmakers, including the President of the United States and members of his Administration, Sen. Bernie Sanders, as well as state and local officials in Michigan and elsewhere, buoyed their resolve to keep going. And it worked! The BCTGM President noted this week that the new contract includes wage increases, cost-of-living adjustments, expanded health and retirement benefits and "does not include any concessions."

The victory for 1,400 workers, at a company which touted its workers just last year, during the darkest days of the pandemic, as "essential workers helping to feed the nation," was one of several for unionized labor this year. Our guest today, author and longtime progressive journalist JOHN NICHOLS of The Nation and Madison, Wisconsin's Capitol Times, joins us to help explain why.

"What's happened again and again" this year at companies like Kellogg's, John Deere and elsewhere, Nichols explains, "is that initially, the company bargains in the old-fashioned way. 'We're going to be tough with you...We'll permanently replace you.' All the old tricks." But, in a labor market with very low unemployment, where it is now difficult to find skilled workers or those willing to work in difficult, often dangerous conditions for low pay and benefits, "it's not going to work in this situation. The end result is the companies blinked."

But we've got much more than just the rise of labor in 2021 to catch up on with Nichols today in a lively, wide-ranging conversation on that...

• on how the Protecting the Right to Organize (PRO) Act would help a broad swath of workers across the country;
• on Joe Manchin and the (theoretical) death of Biden's Build Back Better Act and what the West Virginia Democratic Senator's betrayal to his own party and his own constituents may mean for the future of the filibuster and federal voting rights legislation;
• on Nichols' fascinating new article for The Nation on the FBI's weird scrutiny of It's a Wonderful Life as a Communist tool back in the 1950s (they thought it made Mr. Potter --- and capitalism --- look bad);
• and on his upcoming new book calling for accountability --- akin to that which came out of FDR's Pecora Commission following the Great Depression --- for Coronavirus Criminals and Pandemic Profiteers. "In every chapter in the book," Nichols explains, "I find individuals who died, and I track through the cabinet members, the judges, the CEOs, whoever, who could have taken actions that would have let that person live."

That's just a taste. Tune in for much more today with the great Mr. Nichols!

Then, yes, in the spirit of the holidays (and, perhaps, in hopes that it may save even one life), we laud two Republicans today for (barely) doing the right thing this week. One is Congressman Tom Rice of South Carolina, who now says he regrets voting against Joe Biden's certification in two states following the Trump-incited attack on the U.S. Capitol on January 6th. ("There was a coward in that equation," Rice told Politico. "But it wasn’t Mike Pence.") And, perhaps most begrudgingly of all, we laud Trump himself for saying out loud during a wingnut interview this week: "The vaccine worked. But some people aren't taking it. The ones that get very sick and go to the hospital are the ones that don't take the vaccine. ... If you take the vaccine, you're protected. Look, the results of the vaccine are very good...People aren't dying when they take the vaccine."

Yes, the bar is admittedly very low at this point, but we've gotta start somewhere if we want to figure out how to repair this broken nation (and planet.)

Speaking of...the fine folks at ExxonMobil were apparently able to fit in one last disaster before year's end, with an explosion in the middle of the night at one of their refineries near Houston that injured four workers, three of whom were airlifted from the scene. The company downplayed the incident, as usual, describing it as "a fire occurred at our facility". The Houston County Sheriff's office described a "major industrial accident". We hope to learn more soon.

No room for that story today, however, in our final Green News Report of the year (we're standing down next week, Nicole Sandler will be filling in for us for most of it), as Desi Doyen joins us for a round-up of the disasters and successes in the environmental world in 2021, and much more...including one more victory for labor and union workers, as the Biden Administration mobilizes to rid the nation of millions of lead pipes...

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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! ...

We've been arguing for weeks that the accountability walls are closing in on Donald Trump. Scoff if you will, but we have still more evidence of that on today's BradCast --- plus a lot more to talk about with our guest as another year crawls toward its close. [Audio link to full show is posted below this summary.]

First up, the bipartisan U.S. House Select Committee investigating the Donald Trump-incited January 6th attack on the U.S. Capitol and his attempt to steal the 2020 election is now turning their attention to fellow sitting members of Congress. On Monday, they requested (not subpoenaed, but requested) far-right Freedom Caucus member and conspiracy theorist Rep. Scott Perry (R-PA, that's him on the left in the graphic) come in to answer a few questions about his efforts to install Jeffrey Clark as Attorney General in the days before Jan. 6th. Clark, a Trump DoJ officials who has pleaded the 5th in response to a Committee subpoena, was part of a scheme to lie to swing-state legislatures that the Justice Department had discovered fraud in the 2020 election, mandating new electors be selected by them for Trump instead of the ones voters actually selected for Joe Biden. The Committee informed Perry that they "have received evidence from multiple witnesses that you had an important role in the efforts to install Clark as acting Attorney General.”

By Tuesday, Perry declined to accept the polite invite, and the Committee subsequently said they are prepared to seek the information they need "using other tools." That may include a subpoena, which Perry cannot reject, unless he either wishes to plead the 5th or risk jail time via a Contempt of Congress citation.

Today, far-right Congressman and key Trump ally Rep. Jim Jordan (R-OH, that's him on the right) --- who has admitted to having had multiple conversations and meetings with the disgraced former President both on January 6th and in the weeks preceding it --- received a request similar to Perry's. The Committee would like Jordan to "discuss each such communication with [Trump] in detail," according to a letter sent to the Congressman just before air time today. Back in October, Jordan announced during a House Rules Committee hearing, when asked if he'd speak to the Jan 6th Committee about his conversations with the then-President, that he had "nothing to hide." We'll soon find out if that was a lie.

Buttressing all of this, New York Times reported earlier in the week that the Committee, while its 40 investigators and staffers (including former federal prosecutors) have been sifting through some 30,000 documents and interviews with more than 300 witnesses, has shifted from plans to merely detail what happened during the January insurrection to considering criminal referrals to the DoJ. Among the crimes they are looking into are those related to felony obstruction of an official proceeding and "wire fraud by Republicans who raised millions of dollars off assertions that the election was stolen, despite knowing the claims were not true," as the paper reports.

As noted, walls are closing in. Will Attorney General Merrick Garland soon take notice? Or action?

Beyond that, while there has been much troubling news as the year draws to its dark conclusion --- from the rise of Omicron to Joe Manchin gutting President Biden's progressive agenda --- there is also a bunch of encouraging news, too much of which is being ignored or downplayed by media.

Today, the FDA approved emergency authorization for Pfizer's anti-viral pill to treat COVID, said to reduce severe illness and hospitalization by nearly 90% if taken early enough. This week, the U.S. Senate confirmed Biden's 40th nominee to a lifetime appointment on the federal bench. In addition to being the most diverse such group of appointees, their number far outpaces Trump's first year (who saw just 18 nominees seated) and ties the record set by Ronald Reagan more than 40 years ago.

The most maddening news being downplayed by corporate media for weeks, however, is what Wall Street Journal (of all papers!) described today as the "booming U.S. economy," which they report to be outpacing Europe and Asia by a mile. "U.S. economic output is set to expand by more than 7% annualized in the final three months of the year," the paper notes, as compared to "about 2% in the eurozone and 4% in China."

On top of that, "Major U.S. ports are processing almost one-fifth more container volume this year than they did in 2019," also "leaping ahead" of European and Asian ports, while the purchase of durable goods has surged by about 45% above its 2018 pace in the U.S., compared to a 2% rise in Europe. Unemployment is heading toward lows not seen in decades and wages are growing at about 4%, well above both Europe and pre-pandemic rates.

So, it's little wonder that the bulk of the corporate media seems obsessed with inflation as Joe Biden's poll numbers, particularly on his handling of the economy, go South. We can't imagine where the American public may have gotten such a misleading impression of his accomplishments in his first year.

Joining us today to discuss all of the above and much more at year's end, is our old friend and award-winning progressive columnist HEATHER DIGBY PARTON of Salon and Hullabaloo. Among the boatload of questions she speaks to...

• Why is corporate media coverage of Biden and the Democrats so wildly out of balance with reality, as compared to their coverage of Republican Presidents?
• Why doesn't the media note that, in addition to Manchin declaring his opposition to Biden's Build Back Better agenda, not one single Republican supports it --- or pretty much anything else Democrats propose, including the American Rescue Plan, passed with no Republican votes earlier this year to get life-saving vaccines to Americans and money in their pockets? Guaranteed filibusters on everything is actually a very new phenomenon, even if it only seems to occur when Democrats are in control for some odd reason.
• Is Manchin really hoping to kill the Build Back Better Act? Or is something else going on? And is there a way for Democrats to get him back on board with the Biden Agenda?
• Where the hell is Merrick Garland and will the Jan 6th Committee finally kick the Department of Justice into gear when it comes to accountability for the people who actually incited the insurrection and tried to steal a Presidential election?
• Will Donald Trump finally be criminally indicted in the year ahead in New York, Georgia and/or by the DoJ? And, if so, will that make him more likely to run in 2024, or less?
• Will 2022 be better or worse than 2021? (Which was, easily, the best year we've had since 2020.)

I don't have the heart today, so close to Christmas, to tell you how she answered that last question. As noted, a lot to discuss with Digby today!...

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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! ...

On today's BradCast: Merry Christmas. Christmas is cancelled. Thanks Joe Manchin and Omicron.

Manchin dropped a bombshell over the weekend, announcing on Fox "News" that he could not support the Build Back Better (BBB) act, the better part of the historically progressive agenda of President Biden and of largely every other Democrat in the House and Senate. That, after the measure was scaled from a $6.5 trillion package to just $1.75 trillion in order to appease the West Virginia Democrat. If Manchin remains a "NO", the bill --- and, perhaps the Biden Presidency along with it --- is largely dead. The White House offered an unusually lenthy and, frankly, blistering statement in response to Manchin, calling him out for his lack of "good faith" and broken promises made to the President personally. We share that blistering response in full today.

It should be noted that all of the limp reasons Manchin offered for breaking his promise to support BBB are all BS. The bill is fully paid for (unlike the bipartisan infrastructure bill that Manchin whole-heartedly supported and voted for) and it will actual lower the national deficit eventually, not increase it; The bill will not worsen inflation either. It will in fact, ease it. Moreover, since Manchin's announcement, the biggest Wall Street economists have actually downgraded their outlook for 2022 based on Manchin's sleazy move; And no, the monthly child tax credit expansion that lifted half of the nation's children out of poverty during its first year, after originally being included in Biden's American Rescue Plan earlier this year, will not lead parents to spend it on drugs.

The bad news (for now) of Manchin's self-serving decision is on par with COVID's decision to not be done with us yet, as the Omicron variant, just before airtime, was declared by the CDC to now be the most dominant variant in the nation. They say it now accounts for about 73% of new cases. That was fast. As we'd warned. That's how wildly transmissible it is. Desi Doyen joins us with some clear, sobering thoughts from WaPo's national science reporter Dan Diamond that you may wish to consider on how to help keep yourself and your family safe over the holidays.

On this matter, it should be noted, since some are dismissing the dangers of Omicron --- citing its predicted infections as mostly "mild" --- that means only that many cases may not result in hospitalization. Don't fool yourself by convincing yourself that, even if you do contract Omicron, it will most likely be a "mild" case of COVID. Short of asymptomatic cases, a "mild" version of COVID could lay you up for weeks or longer. It means you won't be hospitalized, but that's about it. And, yes, it's going to land a lot of people in the hospital, as experts believe we're likely to begin seeing as many as 500,000 infections per day. During the January 2021 peak we had "only" about 250,000 infections a day.

Finally, before opening up the phones today to listeners on Manchin, Omicron and more, some slightly better news. Donald Trump is terrified that he is soon to be indicted in New York. So, as he does when he knows he's in big trouble, he has filed a ridiculous lawsuit against New York Attorney General Letitia James in hopes of buying time. It probably won't work.

Then, callers ring in on all of the above. It was a very lively show --- particularly considering the content we had to work with today...

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It's been a rough close of the year for those of us fighting to preserve democracy in these United States against the rising authoritarian tide from the Right. But while it's has been a tough slog for passage of federal voting rights and election protection legislation in the U.S. Senate, there have been several critical victories for fans of democracy in federal court over this past week, as covered on today's BradCast. [Audio link to full show is posted below this summary.]

First up, some quick news on the continuing probe by the U.S. House Select Committee investigating Donald Trump's attempt to steal the 2020 election by inciting an insurrection at the U.S. Capitol on January 6th. GOP dirty tricksters and longtime Trump pal Roger Stone invoked his 5th Amendment right against self-incrimination before the Committee today. While Stone is the first to admit to doing so publicly, he is the third Trump henchman to reportedly have done so to date. In 2019, Stone was convicted of seven criminal felonies, including lying to Congress and obstructing the probe into Russian interference in the 2016 election, before eventually being pardoned for all charges by Trump on his way out of office.

The House Committee appears to now be homing in on the question of, in Vice Chair Liz Cheney's words: "Did Donald Trump, through action or inaction, corruptly seek to obstruct or impede Congress's official proceedings to count Electoral Votes." If so, and if charged with and found guilty of said action or inaction, the former President could face as many as 20 years in prison under federal law.

Fox "News", on the other hand, is already in federal court, facing a $1.6 billion defamation lawsuit by the Dominion Voting Systems company. On Thursday, a federal judge denied the Republican propaganda outlet's Motion to Dismiss the case. That is a major hurdle for the private voting system vendor to have cleared, allowing their case to move on to the discovery and trial phase. Both Dominion and another private election vendor, Smartmatic, have filed several defamation suits against Fox and other rightwing media outlets, as well as Trump lawyers and allies such as Rudy Giuliani [PDF], Sidney Powell [PDF] and MyPillow CEO Mike Lindell [PDF], for their false claims that Dominion and Smartmatic stole the election for Joe Biden. Giuliani, Powell and Lindell's Motions to Dismiss in their similar defamation suits, in which the voting companies are seeking more than a billion dollars in each, were all rejected over the summer.

Next, more good court news came in late last week in the eight different lawsuits now filed challenging the state of Georgia's voter-suppression and election subversion law known as SB202. The measure was adopted by state Republicans earlier in the year on the heels of Trump's evidence-free claim that the 2020 election he lost to Biden in the Peach State was rigged, and after the elections of the state's Democratic U.S. Senators Jon Ossoff and Raphael Warnock in the January runoff.

Late last week the Trump-appointed judge overseeing all eight challenges to SB202, allowed all of them to proceed in full, rejecting the Motions to Dismiss filed by the State and Republican groups that have joined the defendants. Seven of those suits, including those filed by the NAACP, ACLU, Stacey Abrams' Fair Fight organization and the U.S. Dept. of Justice, focus largely on race-based violations of the Voting Rights Act.

The eighth case, filed by the Coalition for Good Governance [PDF], in which I am a named plaintiff representing media, challenges SB202's election subversion clause and several others which, the suit contends, violate the First Amendment of the Constitution. SB202's election subversion clause allows the State Board of Elections to replace county elections officials with partisans, for virtually any reason they like, who can then overturn elections, also for virtually any reason they like. Other provisions of the law challenged by CGG prevent the public and media outlets like our own, from basic election oversight and reporting functions that have been in place for decades if not centuries, such as the right to photograph inside of polling places or during the tallying of absentee ballots.

Earlier this year, in August, U.S. District Judge J.P. Boulee granted an injunction [PDF] on SB202's photography ban in advance of Georgia's November municipal elections. But his ruling last week [PDF] was much broader in allowing all eight challenges to the law to proceed in full toward the discovery and trial phases. It was, as my guest explains today, a major victory for all of the plaintiffs.

We're joined today by MARILYN MARKS, Executive Director of the non-partisan Coalition for Good Governance, to discuss the good news in that case, new developments in her separate, longstanding case challenging the use of Georgia's new, 100% unverifiable touchscreen voting machines made by Dominion Voting Systems and much MUCH more. We haven't spoken on air with Marks, usually a frequent guest, in about six months! So we've got a LOT to catch up with today!

Among the many points in our wide-ranging conversation...

• Marks offers her reaction to Fox "News" losing its Motion to Dismiss in Dominion's defamation case against them; the conflicting emotions in supporting Dominion in their defamation cases, given that likely nobody in the nation has been tougher on Dominion's terrible voting systems than she has been; and why it is that, as unrelenting as she's been against Dominion for so many years (The Coalition's lawsuit seeks to ban their touchscreen systems across the entire state), the company has never sued her or her organization for defamation.

• Speaking of the Coalition's case against GA's use of the Dominion touchscreens (which is separate from their SB202 challenge), Marks updates us on a report created for the court by plaintiff's expert Dr. Alex Halderman, finding vulnerabilities in Dominion's voting systems that are so disturbing the federal judge has sealed his report as for "Attorneys Eyes Only," meaning that even Marks has not been allowed to see it But, she notes, Dominion now has access to that report. If so, as we discuss, that means that, under California law (where several counties also use these same terrible systems), the company must now share the vulnerabilities in that sealed report with California's Sec. of State. In turn, CA must then report the vulnerabilities to the U.S. Election Assistance Commission. (The report by Halderman and the vulnerabilities he allegedly found became an issue here in the Golden State earlier this year, just prior to the California Gubernatorial Recall election in September, after Dominon's central Election Management System software was apparently stolen and duplicated under the auspices of a rightwing Mesa County, Colorado election official and released to the Internet during Mike Lindell's failed "Cybersecurity Symposium" in South Dakota.) It is unknown if Dominion has yet to share Halderman's report with the CA Sec. of State, as per state law. Marks notes that Halderman has said the vulnerabilities are "even more serious" than those found in the older Diebold touchscreens GA used to use, before they were banned by this same lawsuit and replaced with the vulnerable Dominion systems. "Dominion has to inform the California Sec. of State within 30 days of getting reports of defects, failures, etc.," she explains, "So yes, it should be happening soon."

• Marks details why "it was a big victory" that Judge Boulee allowed all of the SB202 cases to proceed, including the one filed by the Coalition. She details how her group's challenge to SBS202 is very different from the other seven that the judge allowed to proceed as well, while he suggested that some of the overlapping cases may be combined in the days ahead. She notes that, despite being a Trump appointee, he appears to be doing a very thorough job of overseeing all of the cases, including points made by both plaintiffs and defendants alike.

• She clarifies how even if SB202 is struck down in full, state law in Georgia would still allow much of the recent purging of Black Democratic elections officials from county boards of elections, as we discussed with one of those purged, longtime county election officials and voting rights leaders Helen Butler of The People's Agenda on the show earlier in the week. "Unfortunately, you and Helen are right about that," Marks confirms.

• We discuss --- and have a minor difference of opinion --- regarding a recently dismissed lawsuit in Georgia that challenged the state's 2020 election results. That case, filed by a group named VoterGA, alleged thousands of fraudulent ballots were included in the 2020 results. It was dismissed in recent weeks for reasons of standing that both Marks and I find questionable. Our small disagreement is related to my argument that the case should have been allowed to proceed because, even if VoterGA's complaint was based on false claims of fraud, those who question election results (even those conned by a lying, disgraced former President) ought to be able to examine election results and ballots for themselves, as long as they pay the costs for the exercise and ballots are taken out of the secure custody of elections officials. (That, in contrast to the what we saw earlier this year in the Cyber Ninjas' clown show "audit" in Maricopa County, Arizona.) Marks, a longtime, huge advocate for transparency and public oversight of elections supports that idea, but notes that VoterGA failed to seek such oversight during the period when they could have done so under state law. Further, she explains, the group failed to join earlier efforts to the election to change state law in order to declare paper ballots and digital ballot images to be official public records, fully reviewable by citizens and groups like VoterGA and the Coalition for Good Governance.

• Finally, Marks also offers her reaction to the recently discovered news that Trump attorney and longtime GOP "voter fraud" fraudster Cleta Mitchell, had been quietly named to an Advisory Board for the U.S. Election Assistance Commission (EAC) earlier this year. Her appointment in April was not publicly reported until November. Mitchell participated from the White House on Trump's infamous January 2nd phone call with GA Sec. of State Brad Raffensperger when the desperate, outgoing President attempted to bully Raffensperger, urging him to "find" enough votes to steal the election for him in the Peach State. The EAC, meanwhile, which Mitchell is now advising, is responsible for certifying voting systems used in the U.S. and helps states and counties on regulations and best practices for federal elections.

There is a lot of important information about elections and election integrity in today's conversation with Marks. Though we better not wait another six months to do it again or we'll have to have a three hour show!...

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On today's BradCast, we cover both COVID and SCOTUS and how to try and stay safe from and/or fight back against the very serious threats now posed by both of these hideous, rogue, all-caps acronyms. [Audio link to full show follows this summary.]

First up, it's COVID. Specifically, the Omicron variant, as the CDC finds that, according to their latest data, unvaccinated people are 14 times more likely to die and 11 times more likely to be hospitalized with COVID-19 than those who are vaccinated. Those numbers seem to refer to those vaccinated by two mRNA shots without a booster shot, which is now key to fighting the quickly rising threat of Omicron.

As Josh Marshall bluntly warns in one of his chilling recent updates on newly emerging data on the new, highly transmissible variant --- which still include a number of unknowns --- "A lot of people are about to get sick."

New studies just coming in from around the world suggest that Omicron is incredibly aggressive, even for those with some immunity from two vaccine shots or previous infection. A booster shot, the studies are finding, help tremendously to ward off both the likelihood of infection, as well as the worst symptoms. Two doses and a booster will roughly offer the same protection against Omicron as two shots alone did against Delta. Marshall reports the data show "late December through January will be explosive in terms of numbers of infections" in the U.S. He repeated a similar warning based on newer incoming data on Omicron last night: "The rate of growth is simply explosive. There’s no other way to put it...we should expect a very, very large wave of infections in the coming weeks...The pace and scope of the surge looks likely to be something like the original one in the Spring of 2020."

Too many people, I believe, have been placating themselves on the somewhat misleading data point suggesting Omicron infection appears to be less severe than previous variants. There are a number of reasons that it could be (including the fact that many now have at least some immunity due to vaccination or antibodies from a previous infection), but the severity level misses the point of the somewhat terrifying transmissibility numbers emerging right now and how that is likely to overwhelm health systems in this country and result in a lot of people dying. A more mild disease that infects 5 times more people is equally or potentially even more deadly.

The current surge under way in the U.S. is still almost entirely comprised of Delta cases. Once Omicron --- which is really good at breaking through immunity created by both infection antibodies and vaccines --- begins to rise over the next 2 to 4 weeks, things could get really bad on several levels. We are already seeing deaths spike again to more than 1,700 a day in the U.S., and that's almost entirely from Delta.

Bottom line: Get boosted. "It's not a marginal difference" from two shots, Marshall advises, based on a very close reading of emerging data and discussion with experts, "It's a big one." He goes on to write: "I would also seriously consider limiting obvious vectors of exposure: indoor activities in large groups, eating indoors, large crowds indoors or out. We all have our own levels of risk aversion and we can’t hide forever. But you should assume that your risk of being exposed to COVID is about to go up a lot. So plan accordingly.

Of course, he's hardly the only one sending this similar message. "All the models right now are flashing bright red," warns New York "Intelligencer" science writer David Wallace-Wells in one of his latest pieces headlined "Omicron is About to Overwhelm Us: The new COVID variant has all the makings of a mass wave." Pay attention please. Get boosted.

Next up, it's SCOTUS. Senator Elizabeth Warren (D-MA) penned a blistering --- if absolutely correct on every key point --- op-ed at Boston Globe yesterday, calling for the expansion of the Republicans "packed" and "stolen" and "corrupt" Supreme Court. The call comes not a moment too soon (and, perhaps a year or so too late). Still, it's good to hear elected officials speak as directly about the threat now posed by this corrupted, partisan Court to "basis principles of law" which now "threaten the democratic foundations of our nation."

We share most of her piece on air today. But if you don't listen to the show, read her must-read piece. She breaks down precisely how Mitch McConnell's hypocritical "Republican court-packing has undermined the legitimacy of every action the current court takes" as its illegitimate 6 to 3 rightwing "supermajority will continue to threaten basic liberties for decades to come." Democrats, she advises, must exercise their Constitutional Article III, Section 1 authority to change the size of the Court, as Congress has done at least seven times before. That number doesn't even include what happened after McConnell, corruptly "reduced the size of the court for over a year solely for ... partisan gain and then turned around and jammed through another nominee days before losing the presidency."

But, as welcome as op-eds are, action is better. So we were delighted when, immediately after the Supremes last week once again allowed Texas' clearly unconstitutional six-week abortion ban law to stay in place, the Governor of California announced plans for actual action to push back. If its now judicially acceptable to write laws that both undermine Constitutional rights and evade judicial review by allowing private citizens to enforce it, as the Texas law does, the same can be done with other rights.

On Saturday, Gov. Gavin Newsom declared his intention to "work with the Legislature and the Attorney General on a bill that would create a right of action allowing private citizens to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney’s fees, against anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in the State of California."

"If states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way," the Governor noted in his brief statement. "If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that."

He seems quite serious. And so does New York Attorney General Leticia James who, when asked about whether her state might take similar actions to Newsom's this week on ABC's The View, cited the outrageous immunity against prosecution that gun manufacturer's have been afforded by federal statute to say: "Yes! When I heard about that, I said to my team, we need to follow his lead."

Good. It's remarkable that the extremist radical rightwingers on the High Court either didn't see this coming, or didn't care. Of course, if the Supremes are cool with the Texas law as written, what is to stop any state from allowing "lawful" private, vigilante law suits against people who are simply exercising their First Amendment rights by, say, wearing a MAGA hat or being members of the Republican Party? In truth, nothing stops that at all, which is why Sen. Warren's op-ed is so on point.

Finally, as if those threats are aren't enough, Desi Doyen joins us for our latest Green News Report, with more threats to our climate than the Supreme Court should allow us to fit into six minutes...

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