Justice isn't gonna demand itself, apparently. So we're happy (if that's the right word here) to continue doing it ourselves on today's BradCast, along with a bit of help from an actual, longtime homicide prosecutor. [Audio link to today's full show is posted below this summary.]

But, first up, the mess the perps have left us with. New COVID cases are on the rise again across much of the country in recent weeks, even as the death rate is falling. But deaths tend to lag infections, which has officials concerned as we head into the holiday season once again. We take the opportunity to catch up on where the nation is in that regard, with recommendations for all to get booster shots as soon as feasible, and fresh, empirical, conclusive evidence that masking up is still the best non-pharmaceutical defense against the disease for both the vaccinated and unvaccinated alike.

In slightly brighter news, of a sort, Oklahoma's Republican Governor actually did the right thing on Thursday, if only at the last minute, by granting clemency to 41-year old Julius Jones who had been scheduled to be killed by state the today for a crime that occurred more than 20 years ago. Just hours before he was to be put to death, Gov. Kevin Stitt converted his sentence to life in prison for a murder that Jones has insisted he had nothing to do with. His case gained notoriety following a three-part documentary produced by Oscar-winning actress Viola Davis that aired on ABC in 2018. The clemency was also appropriate after the state had paused its capitol punishments following horrifically flawed executions by lethal injection in 2014 and 2015. After restarting them last month, a 60-year old prisoner convulsed and vomited as he was killed.

But speaking of murder by the government, a week or two ago on The BradCast we were joined by our friend, author and progressive talk show host Thom Hartmann, to discuss his case for mass second degree murder against Donald Trump for what he described as the disgraced former President's purposeful mishandling of the COVID pandemic in 2020. Thom's case is largely predicated on evidence revealing that, after initially taking the coronavirus seriously, the Administration changed course once they came to believe the disease was far more fatal against minorities who lived in blue states --- in other words, those who were unlikely to vote for him last year anyway.

Since we spoke with Hartmann, there has been additional damning evidence unearthed against the Trump Administration's COVID response, released by the U.S. House Select Subcommittee on the Coronavirus Crisis, based on testimony from a number of both current and former Administration public health officials. The new information from those officials includes testimony, for example, from then White House COVID Task Force coordinator Dr. Deborah Birx, who reportedly believes that at least 130,000 lives could have been saved, had the the Administration taken appropriate action. Other officials have reportedly detailed how the White House blocked the CDC from sharing health guidance with the public while officials were even instructed to delete emails regarding directives on the pandemic response.

One of the maddening questions that arose during our discussion with Hartmann was why it seemed to be falling to a couple of radio hosts to even be building this public, legal case of accountability for mass murder by Trump in the first place. Where were the state prosecutors? Where was the Dept. of Justice and Attorney General Merrick Garland? Were we completely off-base in even suggesting criminal liability for mass homicide by a former President? That, as Hartmann conceded that he was, by and large, taking his best guess, as a layman, at whether charges for homicide by Trump should consist of first or second degree murder or something else entirely.

I heard from a number of folks after that program with thoughts on our conversation, including from several attorneys, two of whom had somewhat differing views on Trump's criminal liability. One suggested that, indeed, second degree murder charges seemed to fit the crime, while another felt that Trump had no direct culpability in the deaths of hundreds of thousands of Americans. Or, at least, that it would likely be very difficult to prove any such culpability. We share the thoughts from both today.

We also heard from others who noted there was, in fact, someone else making a public case to bring homicide charges against Trump for some time. Specifically, we were pointed to longtime Washington D.C. homicide prosecutor, Glenn Kirschner, who now has his own podcast called Justice Matters. Kirschner spent some thirty years prosecuting murder cases, eventually becoming D.C.'s chief homicide prosecutor. On today's program, we share a clip from a podcast he released last December, shortly after revelations that the Administration had largely given up on trying to stop the spread of COVID and were, in fact, hoping that it would spread widely in order to eventually achieve herd immunity. That, even as infectious disease experts believed at the time that reaching herd immunity would take years and, literally, millions of American deaths before enough of the population would have enough immunity to halt the spread.

At the time, Kirschner used his podcast to explain what he saw as a clear cut case of what he described as "criminally negligent" or "criminally reckless homicide" (noting that the crime has different names in various jurisdictions). He explained how both Trump and Vice-President Mike Pence, who headed up the White House Coronavirus Task Force at the time, were "criminally responsible for needless coronavirus deaths" by the end of last year and the deaths of some 350,000 Americans at that point.

In his December 2020 podcast, Kirschner shared his belief, as a former prosecutor, that both Trump and Pence met the tests for such charges. Today, we continue to ask if any current prosecutors --- whether at the state or federal level --- are actually working to build such a case. And if not, why not?

Finally, we're joined by Desi Doyen for our last Green News Report before next week's Thanksgiving holiday. (We'll be taking the week off in desperate need of recharging our batteries and making up for family time lost during the worst of the pandemic last year.) Among the stories covered on today's GNR: disastrous extreme flooding in the Pacific Northwest on the heels of disastrous and deadly extreme heat in the same region just months ago; the Administration's controversial court-ordered oil and gas lease sale in the Gulf of Mexico; and President Biden's trip to Detroit to this week to promote both his new infrastructure plan and new, American-made electric vehicles...

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IN TODAY'S RADIO REPORT: Pacific Northwest careens from deadly extreme heat to deadly extreme floods; Interior Department holds controversial oil and gas lease sale in the Gulf of Mexico; Federal Trade Commission to investigate whether Big Oil is illegally inflating gas prices; PLUS: President Biden promotes infrastructure deal and American-made electric vehicles... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'Don't Look Up': A-list actors made the climate movie we deserve; The Pacific Northwest Is in the Midst of a 'Cascading Hazard'; Report warns Texas to take certain steps to avoid future winter power outages; Believe it or not, electric cars aren't the best-selling electric vehicles. These are; Israel, Jordan and UAE to sign deal for huge solar farm; Biden Submits Treaty Fighting Climate Super-Pollutants For Senate OK; Energy-Efficient Isn't Enough, So Homes Go 'Net Zero... PLUS: After record low, monarch butterflies return to California... and much, MUCH more! ...

Yes, inflation is real. But the panic around it is, if you will, wildly inflated and horribly misreported by the American corporate media. As Paul Waldman notes at WaPo this afternoon, "Inflation is a genuine problem, but it's hardly spinning out of control. Inflation PANIC, on the other hand, is getting ridiculous." Our guest on today's BradCast made the same argument last week as the media touched off the panic. He joins us to explain and go even further than Waldman. [Audio link to full show is posted below this summary.]

But, first up, the so-called 'QAnon Shaman' Jacob Chansley, the guy with face paint and a horned hat who took control of the dais in the U.S. Senate during the Trump-incited attack on the U.S. Capitol on January 6, was sentenced to 41 months in prison on Wednesday. That's more than three and a half years, for a man with mental issues who was not particularly violent while serving as a henchman for Trump's attempt to steal the 2020 Presidential election that day. Meanwhile, the organizers and planners of the assault --- namely Donald Trump himself and a whole bunch of others --- have faced zero accountability, much less jail time for their crimes lighting the fire in the first place.

In more accountability news, Arizona's far-right Republican Rep. Paul Gosar was censured by the U.S. House in response to an animated video he posted to Twitter, appearing to show him murdering Rep. Alexandria Ocasio-Cortez (D-NY) and threatening the same for President Biden. House Republicans refused to reprimand him, so a rare censure vote was held today and Gosar was removed from his House committee assignments in the bargain. He's the second Republican to be removed from committee seats this year, after Rep. Marjorie Taylor Greene (R-GA) faced a similar punishment for support of violent threats against Democrats prior to being elected and a similar failure by her own caucus to take action in any way. Accountability is always good, but, as with Chansley's punishment, there are some nuances and concerns worth discussing on this point as well today.

And, before we get to our guest, President Biden on Wednesday asked the Federal Trade Commission to investigate potentially "illegal conduct" by Big Oil companies such as ExxonMobil and Chevron who may be inflating gas prices, even as their profits have risen and the cost of refined fuel has fallen. But the recent spike in prices at the pump has helped fuel economy-wide inflation. That, in turn --- thanks, at least in part, to some really bad reporting by the American corporate media --- has also undercut Biden's approval ratings, and is being used (disingenuously) to try and jeopardize passage of Biden's Build Back Better (BBB) social spending and climate change reconciliation bill.

Unlike the recently signed $1.2 trillion bipartisan infrastructure bill, the $1.75 trillion BBB is fully paid for with increases on taxes to corporations and the wealthy. And, unlike stimulus bills passed recently under both this President and the previous one, the BBB's spending is spread over the next decade, instead of as a quick jolt to the economic system. Thus, the consensus of economic experts is that it will not cause inflation and its expansion of the economy may, in fact, help ease inflation in several ways, particularly for the working class.

Still, West Virginia's obstructionist Democratic Senator Joe Manchin is using inflation fears again to try and put the brakes on the BBB package, and the corporate media are certainly helping him. For example, while largely ignoring undeniably positive news about the economy in recent months --- on everything from record job growth to very low unemployment to three months of rising retail sales --- last week, the media offered breathless reports on new inflation numbers from the U.S. Bureau of Labor and Statistics.

You may recall some of the panic when the media informed us that inflation had risen to a record 6.2% in October! If true, a one month 6.2% increase in prices would be a panic. But, in truth, inflation was just 0.9 percent last month. As our guest today points out, "products that cost $10.00 in September now cost a terrifying $10.09." But lost in the panicked coverage was that the 6.2% rise in retail prices was in comparison to what they were a full year ago, in the middle of the worst of the pandemic. They didn't rise "6.2% in October" as many have misleadingly reported.

But all of that also ignores something else that most Americans do not understand about inflation, according to our guest today: It can actually be good for the working class and very very bad for corporations, in particular, for big banks. That may be just one of the reasons why media are so quick to report on inflation numbers as terrible, terrible news for the country.

We're joined today by JON SCHWARZ of The Intercept to explain all of this, as he detailed recently in an article with what he admits is "a little bit of a troll-y headline", "Inflation is Good for You". In fact, as we discuss, he's not entirely "troll-y" on that point. For one, the booming economy has resulted in rising wages (for the first time in years) at almost the same rate as inflation over the past year. He notes at The Intercept: "As prices increased 6.2 percent over the past year, wages for regular people went up 5.8 percent. In other words, inflation barely touched their purchasing power."

The larger point, however, that he explains today is why inflation can be actually be good for workers but not for big corporations like banks: "Household debt in the United States is a gigantic number, difficult to comprehend. It's like $14.5 trillion --- that is mortgages, credit card debt, student debt, it's a whole bunch of things... And when there's inflation of this kind, 6.2%, that is around $850 billion-worth of that debt falling in value. That is a transfer of wealth from creditors, the people who loaned out the money, to borrowers."

Those creditors/lenders "are the richest people in America, and they are losing a lot of money. And they don't like that! People with tons of money do not like losing enormous amounts of it," Schwarz notes. "Inflation is the absolute worst for people who have loaned out a lot of money. It is something that is never discussed, because it is a sort of clear class issue. It makes you realize that, just as a great economy for regular people is not so great for people at the top, it makes you think about what inflation actually does, and who it affects the most."

While he recognizes that "inflation can be real trouble for some people," (and there is some nuance here) the overall effects are often more positive for the working class and not even particularly harmful to those on a fixed income, such as the elderly living on Social Security, which increases each year as its tied to inflation.

There is a lot to discuss on this matter that the corporate media fail to adequately cover (for reasons which we also discuss) while misleading the nation and delighting Republicans and, yes, Joe Manchin, who has fresh (if false) evidence to use in further cutting back on Biden's Build Back Better agenda or even stopping it dead in its tracks.

Finally, as long as we're myth busting today, Congress is preparing to approve the annual National Defense Authorization Act, with nearly as much spending --- for one single year --- as BBB would cost over ten years. Yet, you'll hear almost nothing about how the U.S. can't afford to spend so much money, or that it might lead to inflation, etc. Sen. Bernie Sanders (I-VT) has a thought or two on all of that, with which we close today's program...

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It seemed like everything I read before today's BradCast, everything I was pushed toward via social media, everything that I simply happened to stumble upon on my own one way or another, felt like a soundtrack for America's rising authoritarianism. Everything, that is, except for the inspirational words about journalism from Pope Francis. [Audio link to full show follows this summary.]

Among the stories providing today's unmistakably dark drumbeat of America's rising authoritarianism...

• The Pope pays "homage" to journalists and journalism, including this passage that serves us inspiration today: "Your mission is to explain the world, to make it less dark, to make those who live there fear it less and look at others with greater awareness, and also with more confidence. It is not an easy mission. It is difficult to think, meditate, deepen, stop to collect ideas and to study the contexts and precedents of a news item. The risk, you know well, is that of letting oneself be crushed by the news instead of being able to make sense of it." [The full comments in Italian; The Vatican's translation.]

• More disturbing, extreme GOP gerrymandering this week in both Ohio and Georgia (and what we think Democrats should do in response before it's successfully used by Republicans take over the U.S. House majority in 2022 and then steal the American Presidency with it in 2024.)

• Picking up on where we left off at the end of yesterday's BradCast, with the violent death threats against Michigan's Republican Rep. Fred Upton, who dared vote for Joe Biden's non-controversial, bipartisan infrastructure bill. Upton is hardly the only Republican now being turned on by fellow Republicans for voting to improve the nation's roads and bridges. Or, as Georgia's Rep. Marjorie Taylor Greene describes it, a "communist takeover of America". Rep. Anthony Gonzales (R-OH) voted, along with Upton, in favor of Trump's second impeachment earlier this year following the January 6th attack on the U.S. Capitol, incited by the disgraced President as part of his efforts to steal the 2020 election. Gonzales has decided not to run for re-election and explained his thoughts over the weekend on the "political loser" Trump, the mistake his party has made by backing him, and his plans to fight against Trump's re-election in 2024 if he runs. Gonzales' thoughts are worth hearing (so we share some of them), though they also reveal that Gonzales does not have clean hands himself in the ugly, growing divisiveness between Republicans and Democrats. (And between Republicans and other Republicans who are deemed not Trumpy enough.)

• Speaking of which, despite a 93% record of voting with the former President during his four years in office (a higher percentage than Trump apparatchiks Jim Jordan, Elise Stefanik, Paul Gosar or Matt Gaetz), the Wyoming state Republican Central Committee voted over the weekend to no longer recognize conservative Republican Rep. Liz Cheney as a member of their party. Yes, that's how twisted --- and terrifying --- and authoritarian --- the Republican Party has now become. (Can you hear the drumbeat?)

• New details, via a new book from ABC News' Jonathan Karl, on how Trump Campaign attorney, Jenna Ellis, sent a memo with instructions to then Vice-President Mike Pence on the specific steps he needed to take in order to direct several swing-state legislatures and the U.S. House to steal the Presidential election on January 6th.

• Not authoritarian enough for ya yet? It goes all the way down to the ground. The School Board in Spotsylvania County, Virginia, last week, had a debate about whether they should ban certain books from school libraries or whether they should both ban and burn them. Seriously. (Hearing those drums yet?) For now, they voted unanimously to ban them...and to reconsider burning later. They are hardly the only ones on the increasingly hard right to cancel facts and ideas they do not like. Over the summer, Florida's authoritarian Governor and Presidential hopeful Ron DeSantis convinced his appointed State Board of Education to approve a rule banning critical race theory and the use of material from the New York Times' Pulitzer Prize winning "1619 Project" from Florida classrooms.

• While it's still remarkable that Trump has yet to face charges for mass homicide for the hundreds of thousands of Americans he helped to die from the coronavirus last year, more details are now emerging, via the U.S. House Select Subcommittee on the Coronavirus Crisis, about how the Administration purposefully suppressed science and public health guidance from the CDC last year. Amidst the most deadly pandemic in more than 100 years, the Administration, according to testimony and documentation from both current and former public health officials given to the Subcommittee, decisions were made to alter scientific guidance and prevent health officials from communicating directly with the public. They were even given instructions at various points to destroy evidence of their email communications on these matters. Sounds like criminal activity to me. (You still there, Merrick Garland?)

• Finally, taking a break from the drumbeat of rising American authoritarianism, Desi Doyen joins us for our latest Green News Report, as the U.N.'s COP26 climate summit in Glasgow ends in overtime with progress, compromises and disappointments. And President Biden signs his landmark, bipartisan $1.2 trillion infrastructure deal with billions of dollars worth of long-overdue climate-related measures contained within...

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IN TODAY'S RADIO REPORT: U.N. climate summit ends with progress, compromises, and disappointments; Coal is 'down' but not 'out' in new Glasgow Climate Agreement; PLUS: President Biden signs landmark bipartisan infrastructure deal into law... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Flooding, outages and rescues surge in severe Pacific NW extreme rain event; The long road to phasing down coal after COP26; New Delhi's air pollution is so bad, officials are calling for a citywide lockdown; New electric grid transformers designed to withstand extreme weather; EPA finalizes its first national recycling strategy; Salton Sea, CA sees surge in interest for lithium mining; Extreme rain unleashes hordes of venomous scorpions in Egypt... PLUS: Ya don't say: 'Social media is polluted with climate denialism'... and much, MUCH more! ...

On today's BradCast, we try and wrestle the Monday blizzard of incoming news to the ground --- some of which suggest that maybe we're getting somewhere. Finally. Maybe. A little. [Audio link to full show follows this summary.]

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

• Steve Bannon turns himself in to federal prosecutors to face two charges of criminal Contempt of Congress, each of which could earn him as much as a year in prison. But the message sent with his indictment by Attorney General Merrick Garland to the other three dozen or so Trumpers who have also been subpoenaed by the House Select Committee investigating the January 6th attempt to steal the 2020 election, is the most important point here. Donald Trump's former Chief of Staff Mark Meadows may face similar charges after defying his own subpoena on Friday. Trump himself could also still be subpoenaed by the tenacious, bipartisan House Committee.

• It took an extra day or so, but the nearly 200 nations that gathered for the COP26 U.N. climate summit in Glasgow, Scotland over the past two weeks finally reached an agreement [PDF] that all parties could sign onto over the weekend. For the first time, this year's agreement --- while not nearly enough to take on the worsening threat of our climate emergency --- finally calls for the "phase down" of coal and other fossil fuels. Incredibly, until this year, neither the words "coal" or "fossil fuels" have appeared in any of the previous 25 agreements signed by the parties over the years. And even "phase down" was a last minute change demanded by India and China from "phase out". Desi Doyen explains that and much more, including the continuing problem of securing commitments from developed countries who caused the problem to cover the enormous costs of developing countries who didn't, even as many of them are paying the greatest immediate and long term price for our climate catastrophe.

• Beto is in. Former Democratic Congressman Beto O'Rourke declares his intention to run for Governor next year against Texas' far-right incumbent Republican Greg Abbott.

• Leahy is out. The 8-term Democratic U.S. Senator from Vermont, Patrick Leahy, currently the longest servicing member of the upper chamber, announces he will not seek a ninth term.

• The fate of Kyle Rittenhouse is now in the hands of the jury. The 17-year old counter-protester used a semi-automatic rifle to shoot three demonstrators, killing two of them, in Kenosha, Wisconsin last year after the police killing of George Floyd. Before handing the case to jurors, the judge --- whose bizarre behavior throughout the televised trial suggested he's in the bag for Rittenhouse --- dropped a less significant charge of being a minor in possession of a firearm.

• Far-right propagandist and conspiracy theory profiteer Alex Jones and his Infowars media outlet were found guilty by default in the latest defamation case against him in Connecticut. The suit was brought by families of eight people killed in the 2012 mass shooting at Sandy Hook Elementary School in Newtown. Jones declared the massacre to be a "giant hoax" by the federal government. It's the fourth Sandy Hook case in which Jones has been found guilty of defamation. The first three were in Texas, where Jones' media empire is based. Juries in each state will decide how much Jones must pay in damage and court costs to the families next year.

• The biggest political news of the day was the $1.2 trillion bipartisan infrastructure bill finally signed into law on Monday by President Biden in a ceremony on the White House lawn. It is the latest component of his sweeping "Build Back Better" agenda following the devastation of COVID, Donald Trump and, in this case, decades of failure to invest in rebuilding and shoring up the nation's crumbling infrastructure. We explain what's in the landmark bill, including the largest single investment in roads and bridges since the Eisenhower era. There are also a number of key environment and climate related elements in the bill, for replacement of toxic lead water pipes, hardening and expansion of the nation's power grid, investment in electric vehicle charging stations and zero- and low-emission public transit and consumer vehicles. The Administration vows the measure will create millions of jobs over the next five years. And while infrastructure has traditionally been one area on which both Republicans and Democrats tend to find common ground, the post-Trump Republican party has described the bill as a "communist takeover" of the country, and has turned on Republicans in both the House and Senate who voted for passage. That has resulted in death threats for a number of the GOPers in the House who voted for the bipartisan measure supported by such noted "communists" in the Senate as Mitch McConnell and Lindsey Graham.

• And yes, we take a few calls from listeners on all of the above throughout today's program...

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It's NICOLE SANDLER, back to guest host today's BradCast. [Audio link to full show is posted below this summary.]

Before we get to today's guests, there was some big breaking news just as the show was going to air. Steve Bannon was finally indicted Friday on two counts of criminal Contempt of Congress after he defied a congressional subpoena from the House Select Committee investigating the January 6 insurrection at the Capitol.

That was followed by two other interesting news tidbits. Summer Zervos, the former Apprentice contestant who accused Donald Trump of sexual assault and subsequently sued him for defamation after he smeared her, abruptly dropped her case today, while still maintaining the allegations. There has to be more to that story!

And, the week officially ended with the news that Brittany Spears is finally free of the conservatorship that's controlled her life for the past 13 years.

Now for the rest of today's show...I'm based in South Florida, where we have one of the all-time worst Governors ever. Job One is voting Ron DeSantis out of office next November. On a previous BradCast episode, I shared my interviews with the first two Democrats to enter the race against him: Nikki Fried and Charlie Crist. Today, I bring you the third candidate to jump in, FL state senator ANNETTE TADDEO.

The second of today's double-header is a conversation with DAVE ZIRIN, sports editor atThe Nation and host of the Edge of Sports podcast. Today we didn't really talk sports, but Dave's new book, The Kaepernick Effect, which isn't even about Kaepernick himself but, as the title suggests, the effect his activism had on athletes from high school to college to the pros. If you need something that'll make you feel better about humanity today (I think we all do!), then listen to this interview and read the book...

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Even today's late breaking news, as we are able to make sense of it on today's BradCast, is unlikely to end well for our disgraced former President, while the U.S. House Select Committee continues to close in on their man.

We were forced to shake up today's show at the last minute, thanks to the late decision by a three judge panel at the U.S. Court of Appeals in D.C. that buys Donald Trump a few more weeks until damning documents (including video tape and more) are likely to be turned over by the National Archives to the bipartisan House Select Committee investigating the January 6th attack on the U.S. Capitol. The deadline set for this Friday is now on hold for the moment.

There's been a whole bunch of legal rulings happening very quickly over the past three days, with U.S. District Judge Tanya Chutkan's Tuesday night, 39-page "Presidents are not kings, and Plaintiff is not President" ruling [PDF] being the most devastating for now. All of which culminated, as of today, in a temporary administrative injunction [PDF] issued on Thursday by three Democratic appointees to the D.C. Court of Appeals and a hearing, set on an expedited schedule, for November 30th on Trump's attempt to invoke Executive Privilege as a private citizen, in desperate hopes of blocking the release of those documents.

If you're having trouble keeping up, don't worry. Today, we try to walk you through those legal rulings and where the case is heading, as the House Committee continues to make clear they have no intention of letting any of it go, in their probe of the insurrection incited by Trump as his last ditch effort to steal the 2020 election.

Top staffers in Mike Pence's office are now being brought into the probe, as top staffers in both the Trump Administration and Campaign are already facing subpoenas from the panel. The U.S. Supreme Court's previous sparse rulings on Executive Privilege from the Nixon Watergate-era do not bode well for the latest former President. That said, this Supreme Court, stolen and packed by Trump and the GOP, has also shown itself willing to ignore any and all precedent whenever they feel like it.

And while saving the nation from a bitter, angry, broken despot bent on revenge is no easy feat for any of us, imagine what it's like for the 196 nations meeting in Glasgow, Scotland right now to try and save humanity itself this week. Prime Minister Boris Johnson, of host nation Great Britain, goes to bat for the planet in the closing, crunch-time hours of the COP26 U.N. Climate Summit. His remarks serve as a helpful reminder that real conservatives (unlike American ones) are not actually insane. And, also unlike American ones, they're also actually conservative.

Finally, Desi Doyen joins us for our latest Green News Report, on the good news and bad coming out of the closing hours of the critical climate conference...

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IN TODAY'S RADIO REPORT: Crunch time for negotiations at COP26 U.N. climate summit; U.S. and China announce surprise, landmark collaboration on climate change action; Renewable energy now makes up nearly all new electricity generation in U.S.; PLUS: Many nations are under-reporting their greenhouse gas emissions, new analysis finds... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): How the U.S. Military fuels the climate crisis, with carbon emissions exceeding 140+ nations; The first US subsea cable plant for offshore wind farms opens in Charleston; Is Texas ready for the next big freeze?; Surging wood-pellet industry threatens climate goals; Judge OKs $626 million settlement in Flint, MI water litigation; Electric truck maker Rivian goes public with massive valuation; FERC, 10 states weigh transmission overhaul to unlock clean power... PLUS: New database shows hundreds of contaminants detected in US tap water... and much, MUCH more! ...

Before my head explodes on today's BradCast while speaking with our guest about the latest ruling from the Federal Elections Commission (FEC) on foreign money in American elections, we open with some seemingly better news --- and then close later with some definitely better news. [Audio link to show is posted below this summary.]

First up, three noteworthy points came out of the COP26 U.N. climate summit in Glasgow on Wednesday, even if all three points are still somewhat vague and it remains to be seen if all 196 participating nations can unanimously (as required) come to an agreement by the end of this week's conference to cut enough global warming-causing emissions to save humanity. Is that too much to ask?

The three noteworthy points which we discuss, and quickly explain why they are so noteworthy, regard 1) a draft text [PDF] of a final agreement for COP26 (which could change before all is said and done), that actually mentions the need to phase out coal and subsidies for fossil fuels. Though that would seem obvious, it would actually be a landmark statement. 2) A pledge was announced between six major automakers (including Ford and GM!) and 30 national governments to phase out the sale of all new internal combustion vehicles worldwide by 2040 and in "leading markets" by 2035. And 3) A "surprise joint announcement" from the U.S. and China to work together to slow global warming in this decade (including reductions of emissions from both methane and coal!) and to ensure the Glasgow conference ends in success. All three points are actually big news, even if each comes with some vagaries and caveats and, in and of themselves, are nowhere near enough to save us. But all three are important and even landmark early steps toward that end, for reasons we discuss.

Next up, the FEC has affirmed that it's perfectly legal under federal law for foreign countries to spend as much as they like on American ballot referenda, at least in states that don't have laws outlawing it. Their recent 4 to 2 ruling comes from a 2018 Montana complaint where a Canadian subsidiary of an Australian firm had spent money to back a ballot measure placing new restrictions on hard rock mining in the state. It also comes on the heels of a ballot proposition last week in Maine where a record $89 million was spent on campaigns for and against a ballot initiative to halt a $1 billion cross-border corridor for a high-impact, clean electricity transmission line to bring power to the state generated by a Quebec-owned hydro-power company.

The FEC ruling allows unlimited millions from foreign individuals, companies and nations to be dumped into American ballot campaigns. We're joined today to discuss this seemingly mind-blowing FEC ruling by BRENDAN FISCHER, Director of the Federal Reform Program at the nonpartisan Campaign Legal Center in Washington D.C. He explains the gaping loophole in the Federal Election Campaign Act (FECA) that bars foreign money in American candidate elections, but not, apparently, on ballot referenda and propositions, which the FEC says federal law does not consider to be an "election"!

While objectionable and a "kind of insane outcome" to the Montana case, according to Fischer, "this is not a totally crazy or unfounded interpretation" of the federal statute. In this case, it was, in fact, the Democratic Chair of the FEC who voted with all three Republicans on the Commission. Moreover, Fischer says, in Maine, there had been a bipartisan bill adopted by the state legislature to ban foreign money in ballot initiative campaigns, which was ultimately vetoed by the state's Democratic Governor. "That was really controversial in Maine," Fischer explains, "and voters, both Republican and Democrat, were unhappy about it."

He notes that elected officials from both parties in Congress have expressed concern about this problem with FECA and have put forward legislation to fix it. "There's a surprising amount of bipartisan support for plugging this loophole," Fischer tells me. "It also should be noted that the Freedom To Vote Act --- the big voting rights and campaign finance reform bill, supported by Joe Manchin --- also includes a provision that would extend the foreign national prohibition to state and local ballot measures."

Fischer also rings in today on the scathing report [PDF] issued this week by the U.S. Office of Special Counsel, led by a Republican Trump-appointee, finding that more than a dozen top Trump Administration officials --- often repeatedly and knowingly --- violated the Hatch Act's ban on federal employees using their office to campaign for candidates (specifically for Trump) in the run-up to the 2020 election. While top Trump officials, including Sec. of State Mike Pompeo, violated the decades-old Act, the punishment for doing so --- at least for political appointees, if not career federal employees --- is left up to the discretion of the sitting President. Thus, naturally, under our disgraced former President, none of the thirteen who violated the Act faced any consequences from the federal law. Fischer offers his thoughts on whether the Hatch Act, like FECA, can or should be reformed by this Congress.

Finally, Tuesday night offered some actual bad news for that disgraced former President, as a federal judge rejected his attempt to block to the release of January 6-related White House documents subpoenaed by the U.S. House Select Committee investigating the Trump-incited insurrection at the U.S. Capitol. U.S. District Judge Tanya Chutkan thoroughly shut down Trump's claims that Executive Privilege "exists in perpetuity" for him and that he otherwise faces irreparable harm if the National Archives releases the subpoenaed documents as scheduled this Friday. Chutkan's scathing 39-page ruling confirms the well-established principle that only a SITTING President has the power to exercise Executive Privilege to block the release of documents and that "Presidents are not kings, and Plaintiff is not President."

Ouch. Trump's attorneys have, naturally, vowed to appeal. But the ruling is also very bad news for his disgraced former advisor Steve Bannon, who is facing a criminal Contempt of Congress charge referred to the Dept. of Justice by the U.S. House after his refusal to answer a lawful subpoena from the Select Committee. His basis for refusing to do so was that Trump told him his own documents and testimony were exempt under Executive Privilege. They aren't, because the former President has no such privilege. Neither are the documents and testimony of dozens of others subpoenaed by the Committee, all of whom, like Bannon, could be facing a year in prison for defying lawful Congressional subpoenas. As you know, this story will continue to develop in the days ahead...

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We've got a lot of news to cover on today's BradCast, breaking and otherwise. Not all of it is terrible. So there's that! [Audio link to full show follows this summary.]

Among today's stories...

• First up, a story that broke late last week which we need to note here for the record. The 17-year old son of Glenn Youngkin, Virginia's presumptive Governor-elect, tried to vote illegally last week. Twice. At a precinct where his family isn't even registered to vote --- even though he's too young to vote at all, but "insisted" on being allowed to do so. His father pretended to run on an "election integrity" platform during the primary, but his campaign is now criticizing the media for reporting on the story at all. Meanwhile, Virginia election officials suggest Youngkin's son broke no laws --- which seems impossible to fathom once you hear the details. Of course, it's made all the more maddening by knowing what generally happens to those who happen to be black or brown while unknowingly voting or registering unlawfully --- versus what happens to the white son of an incoming Republican Governor. Just ask Crystal Mason in Texas for one.

• On Tuesday, a U.S. District Court judge overseeing Donald Trump's federal lawsuit attempting to prevent the National Archives from releasing January 6th-related records from his White House, denied his latest motion. The records were been subpoenaed by the U.S. House Select Committee investigating the Trump-incited attack on the U.S. Capitol and will be turned over to the Committee on Friday unless the judge, or a higher court, rules otherwise before then. We explain.

• The same Committee, led by its Chair Rep. Bennie Thompson (D-MS) and Vice Chair Rep. Liz Cheney (R-WY), have been very busy so far this week. On Monday, they subpoenaed six top Trump Campaign officials, including disgraced former National Security Advisor Lt. Gen. Michael Flynn and far-right attorney John Eastman. And on Tuesday they issued 10 more subpoenas, this time to officials who worked for Trump or the Justice Department, including his senior adviser Stephen Miller and Press Secretary Kayleigh McEnany. While its unclear if the Committee will end up subpoenaing Trump himself, they have expressly not ruled it out and sure do seem to be working their way quickly up the food. Of course, until we learn if Attorney General Merrick Garland and the DoJ intend to bring criminal Contempt of Congress charges against Steve Bannon --- in response to the referral sent to them by the U.S. House --- for refusing to testify and turn over subpoenaed documents in the same investigation, none of these subpoenas will have much teeth. If Bannon is indicted, on the other hand, it will be game on for everyone. We continue to wait and watch...

• In COVID news, a North Dakota lawmaker who organized a rally on Monday to oppose vaccine mandates wasn't able to make it. He has COVID. But he's also certain that Ivermectin, the horse deworming anti-parasitic he is taking, will cure him. Public health experts do not concur.

• That NC lawmaker is hardly alone in falling for the vast, criminal, disinformation industry surrounding the coronavirus. A new study from the Kaiser Family Foundation finds nearly 80% of Americans either believe or are unsure whether to believe one or more complete falsehoods surround the pandemic, including evidence-free claims that the government is exaggerating the number of COVID deaths; that the government is hiding deaths caused by the vaccines; that the vaccines can give you COVID; that they contain microchips; or can change your DNA. The survey also found that those who trusted rightwing outlets like Fox "News", OAN and Newsmax were FAR more likely to be suckered by those lies.

• All of which helps explain the news that the gap between COVID infections and deaths in "red" states versus "blue" states continues to widen with each passing month. Last month, 25 out of every 100,000 residents in heavy Trump counties died from COVID, versus just 7.8 residents in counties that voted heavily for Joe Biden. It was the fifth straight month that the gap in death rates between Trump and Biden counties has widened. That gap continues to grow this month as well, with new deaths now running 5.8 times higher per capita in the the heaviest "red" counties versus the heaviest "blue" counties.

• We've reported many tragic stories over the past year about those who've refused, for various reasons, to get vaccinated, only to come to regret their choice after becoming hospitalized with a severe case of COVID. Many went on to die. Today, we have a variation on that story...with a sobering, but happier ending.

• Finally, Desi Doyen joins us for another very busy Green News Report, following the passage last week of the $1.2 billion bipartisan infrastructure bill in Congress, including a number of key climate provisions, and as the critical U.N. climate summit known as COP 26 continues this week in Glasgow, Scotland...

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IN TODAY'S RADIO REPORT: Bipartisan infrastructure bill passes Congress with key climate investments; Hopeful-ish news from U.N. climate summit in Glasgow; PLUS: At COP26 summit, Obama pushes world governments to do more, and move faster... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Are carbon markets the new gaming for Native American tribes?; John Oliver explains The Power Grid; No, electric cars not more likely to get stuck in traffic jams; EPA finally takes action on lead contamination in Benton Harbor, MI; Criminal groups profit from trafficking of plastic waste, report finds; White House awaits Enbridge pipeline review before decision; Guyana, a poor country, was a green champion. then Exxon discovered oil... PLUS: Harnessing the energy of the ocean to power homes, planes and whisky distilleries... and much, MUCH more! ...

On today's BradCast: It shouldn't take a couple of talk radio guys to figure this out. But that, apparently, is where we are when it comes to demands for legal accountability in this country...at least in regard to the case of mass murder by Donald Trump. [Audio link to full show is posted below this summary.]

On last Friday's BradCast we spoke with Free Speech for People (FSFP) co-founder and president John Bonifaz, a Constitutional law and accountability expert, about his nonpartisan nonprofit's new campaign calling on Attorney General Merrick Garland to resign. The group is making their demand, despite respect for Garland's years of service as a prosecutor and federal judge, due to his failure to bring any accountability for anybody in the Trump Administration after eight months as President Biden's AG. That, despite a mountain of clear and well documented crimes carried out by the former President himself both before and during his term in office.

While Bonifaz detailed a litany of apparent crimes by Trump and his cronies for which no one has been held criminally accountable, there was one major crime that FSFP didn't raise, but that I mentioned quite a bit last year in the closing months of the Trump Administration during the worst of the pandemic. Namely, the need to hold Trump criminally accountable for the hundreds of thousands of unnecessary deaths in the U.S. from COVID that occurred during his Administration's attempt to pretend the pandemic away in hopes that it would somehow help him win a second term of office.

Last week, our friend, author and longtime progressive talk radio host THOM HARTMANN wrote a piece for his Hartmann Report newsletter, attempting to begin building a case against Trump for what he described as "negligent homicide at best and intentional murder at worst."

Hartmann joins us on the program today to explain his persuasive and well-documented argument that Trump and his Administration are, in fact, guilty of mass murder. He breaks down how Team Trump had taken the pandemic seriously in its first four months or so, until one day in April when an article in the New York Times reported that, other than the elderly, it was, in fact, Black and Hispanic Americans who were dying at the highest rate from the disease, and largely in "blue states" at the time. As if on a dime, as Hartmann details, the Administration seems to have made the calculation that if minorities were dying in "blue" states, it was time to move on from the COVID pandemic and demand the country re-open for business again...just months before the 2020 election. That about face happened in lockstep with rightwing outlets like Fox "News", the U.S. Chamber of Commerce, the Koch Network's Freedomworks, etc., all seemingly within days if not hours of each other.

We also discuss the seemingly astonishing point that, really, none of the great legal minds in this nation seem to have yet made a similar public case for this. Is there a reason for that? Has Hartmann, who concedes he is not an attorney, got something wrong in his argument? If so, nobody has explained as much since he first published his case last week.

"Why am I making this case instead of some former attorney general?," Hartmann asks today. "To the best of my knowledge, nobody has punched a hole in it. Nobody has contradicted it. It's just a matter of a lack of political will. There are so many Democrats right now who are so timid. They don't want to piss off the Proud Boys. They don't want to piss off the GOP. Forget about that! Do what's right. This guy killed a bunch of people and he did it for political purposes, and he should be held accountable."

But, if an case for mass murder was to be filed against Trump, who would be the one to do it? It's unclear whether there are federal laws for murder that would suffice and, in any event, we've learned Garland --- who Hartmann describes as "a longstanding member of the Republican Party" --- is unlikely to do so. How about prosecutors at the state level, all of which have lost countless thousands of residents due to Trump's purposeful negligence? How about another Select Committee in Congress? How about the International Court of Justice?

Hartmann suggests keeping an eye on what is happening Brazil, where a case is apparently being built in the Senate against its President, Jair Bolsonaro, for the exact same thing in the only other large nation that seems to rival the U.S. for COVID deaths under leaders who tried --- and failed --- to pretend it all away.

We also briefly discuss the newest book in Thom's "Hidden History" series, The Hidden History of American Healthcare: Why Sickness Bankrupts You and Makes Others Insanely Rich --- where history appears to offer some haunting echoes for Trump's reasons for failing to deal with COVID once he decided that only minorities, the poor (and folks who tend to vote Democratic) were most adversely affected by it.

Finally --- after a bit of breaking news on six new subpoenas for top Trump advisors, issued today by the U.S. House Select Committee examining the January 6th insurrection --- we open up the phones to some excellent callers on Hartmann's case against Trump, the calls for Garland to resign, and a bit more madness (in the form of attempted disinformation from one caller regarding DoJ's position on family separation at the border under Trump and on the rising menace of violent threats against school officials responding to COVID. It didn't go particularly well for that caller. )

It was a "fun" show. I hope you'll tune in!...

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