While Special Counsel Jack Smith is said to be investigating the Trump-incited January 6 insurrection at the U.S. Capitol and the his fake electors plot to try and steal the 2020 election, among other things, there is a still-ongoing, post-2020, multi-state plot, coordinated by Trump's top MAGA lieutenants that the Feds don't yet seem to be probing. Our guest on today's BradCast is trying to change that. [Audio link to full show follows this summary.]

For the better part of this past year, we've have been closely reporting on the bizarre plot uncovered by frequent guest and longtime election integrity expert Marilyn Marks during the lawsuit filed by her group, Coalition for Good Governance, seeking to replace Georgia's 100% unverifiable touchscreen voting systems with hand-marked paper ballots.

Marks recorded a phone call she received last year from an Atlanta businessman who, essentially, confessed to a scheme that has since been revealed to have been overseen and paid for by disgraced Trump attorney Sidney Powell. It involved the Board of Elections and local Republican Party officials in right-leaning Coffee County, Georgia allowing a team of computer wonks to make copies of the County's proprietary voting and tabulation software, including the sensitive Election Management System, manufactured by Dominion.

Thanks to GA's Republican Sec. of State Brad Raffensperger, every county in the state is forced to use the same vulnerable, unverifiable voting systems. Making copies of those systems in one County essentially offers a blueprint for how to disrupt elections in various ways in every County in the state. Moreover, those systems are also used in jurisdictions in at least a dozen other states. Cybersecurity experts have described the Coffee County breach as extremely worrisome.

Nonetheless, until the scheme was exposed by Marks, Raffensperger's office appears to have been covering the entire thing up. And, even after it was exposed, his office --- including one of Raff's top lieutenants, Gabe Sterling --- continued to deny any of it had happened.

"Even recently, there was people saying, 'We went to Coffee County and we imaged everything,'" Sterling declared at an election forum at the Carter Center in Atlanta last April, before falsely adding: "There's no evidence of that. It didn't happen." But it absolutely did happen, as security camera video from the Coffee County Board of Elections offices, also obtained via Marks' lawsuit, subsequently made abundantly clear. The plot even involved a number of well-known MAGA Mobsters, such as Doug Logan, CEO of the Cyber Ninjas outfit that later carried out the phony post-2020 "audit" in Arizona last year.

Voting system software breaches similar to the one in Coffee County were also carried out and reportedly overseen by Powell, in several others states, including Nevada, Michigan and Colorado. As the Washington Post confirmed again this week, the stolen software "was then uploaded to a website, from where it was downloaded by election deniers across the country."

Despite all of this disturbing evidence, federal authorities do not appear to have even begun to probe these coordinated plots which, as our guest today confirms, can really be considered a crime still in progress, since the copied software can be used to undermine upcoming elections, for example, in 2024.

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit good government group, Free Speech for People, to discuss the 14-page letter [PDF] that she and more than a dozen of the nation's top cybersecurity and voting system experts sent this week to Special Counsel Smith, Attorney General Merrick Garland, as well as the Directors of both the FBI and Cybersecurity and Infrastructure Security Agency (CISA), seeking a federal probe of the coordinated, ongoing plot.

"Now that they have the software," Greenhalgh explains today, "they have all the elements of the voting system, from the poll pads to the election management system which aggregates and reports totals, and everything in between. They can create their own election system and probe it to find out how it's vulnerable, and also develop ways that they can exploit those vulnerabilities. They can decompile the software to study the source code and understand how they might create malware that could get in and wreak havoc with the way the votes are counted."

Remember, these software breaches happened in most cases with the cooperation of insiders, local election officials who have direct access to these systems. Greenhalgh notes that "malware can be designed to be undetectable in many ways. So if you wanted, you could use it to disrupt an election so that people can't vote, or you could do it in ways to disrupt and manipulate or tamper with an election that is not visible to outsiders. Or you could just use the software to create disinformation campaigns and say 'I can show you how this election system was compromised and why it counts incorrectly'," even when it hasn't.

"We don't even have to imagine that because that's already been done," she continues. "That was by Matt DiPerno, the guy who ran against [Democrat] Dana Nessel for the Attorney General position in Michigan. He's also quite a famous election denier. He had a copy of voting system software that was obtained extra-legally in Michigan and put it on machines and put up videos that said, 'This is how we can manipulate these systems.'"

Greenhalgh details other ways in which these breaches are so troubling to the experts signed on to FSFP's letter; explains whether there is any evidence that the breaches were used to exploit systems in 2022; responds to remarks from the GA Sec. of State's office attempted to conflate real, longtime election security and voting systems experts with the MAGA conspiracy theorists and election liars; discusses how the Coffee County breach appears to have been covered-up by Raffensperger and other Georgia officials; and details why the lack of a federal investigation continues to threaten future elections, including the Presidential contest in 2024.

"The chance of manipulating elections going forward is very real," she warns.

Also today...since we could use some dumb news to offset that very disturbing story, 2024 Presidential candidate Donald Trump is now in the business of ripping off his supporters with hilarious, $99 digital trading cards in which he is illustrated as a super hero! Get yours today! Before they run out!

And finally...we close with Desi Doyen and our latest Green News Report, including troubling news from NOAA on the worsening effects of climate change in the Arctic; the existential threat to the world's forests of rapidly expanding oil and gas exploitation; and the EU's decision this week to institute the world's first carbon import tariff...

It's another busy day on The BradCast! Enjoy!

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(P.S. We're off tomorrow for more dental adventures, but will be back next week to cover the House January 6 Committee's finale and more before our holiday break!)

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IN TODAY'S RADIO REPORT: Climate change is profoundly disrupting the Arctic, new report from NOAA finds; Rapid oil and gas expansion poses an existential threat to the world's forests; PLUS: European Union agrees to enact world's first carbon import tariff... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Arctic blast takes aim at U.S. for Christmas, New Years; Internal documents reveal Big Oil's plan for profiting amid climate pressures; Musk pumps climate cenial on Twitter; What to expect from California's new rooftop-solar plan? More batteries; Clouds: One of climate change's great mysteries is finally being solved; U.S. carbon farming takes root; Drought emergency declared for all of Southern California; Florida lawmakers force homeowners to buy insurance... PLUS: Children of India's burning coalfields dream of a fire-free future... and much, MUCH more! ...

Nope. The 2022 midterms still aren't fully over. At least not on The BradCast, where we're still following every last vote to the bitter end. But that's not all we have for you today. [Audio link to full show is posted below this summary.]

In fact, we cover all of the "E" stories on today's program, including Elections, Energy and the Economy, if not necessarily in that order...

• As if the good news of cheap, renewable energy like wind and solar wasn't bad enough for them, the Big Fossil Fuel boys already seem to be freaking out about today's news regarding a major breakthrough in nuclear fusion technology and the possibility that it could eventually result in clean, virtually unlimited, carbon-free energy.

• New AAA numbers reveal that Joe Biden has lowered gasoline prices in the U.S. to less than they were before Russia's war on Ukraine! (If it was all his fault the price went up, he gets all the credit when it comes down, right?)

• New numbers from the Labor Department today reveal that Joe Biden has Joe Biden has almost ended inflation in the U.S.! (See above.)

• Colorado has finished their "recount" for the U.S. House seat in the state's 3rd Congressional District between incumbent Republican nut Lauren Boebert and her Democratic challenger Adam Frisch. After computers retallied all of the ballots (rather than hand-counts) Boebert was declared the winner by just 546 votes out of more than 325,000 votes cast, in a district which all forecasters saw as "solid Republican". Happily, because the Republican won in this case, there were no death threats to election officials or armed insurrections in response.

• Boebert's razor thin victory means the GOP will have 222 House seats in the next Congress beginning in January to the Democrats' 213. While they lost just 9 seats in in the lower chamber, and the majority along with them, it was an extraordinary midterm election for a party controlling both chambers of Congress and the White House. In addition to holding all of their Senate seats and even flipping one from Red to Blue (a feat not matched since 1934 for a party that controls the White House), Democrats also won Governors races in red states and flipped state legislative chambers in a way that just doesn't happen in this kind of midterm election. Dems won trifecta control (the Governor's office, plus majorities in the state House and Senate) in four more states this year: Michigan, Minnesota, Maryland and Massachusetts. They also held off GOP supermajorities in states with Dem Governors such as North Carolina and Wisconsin. In fact, taking back the majority in the U.S. House, by the barest of margins, is perhaps the only thing the GOP can feel good about this year. Even there, the average pick up is about 20 or 30 seats in elections like this one. And Republicans may have a difficult time electing a House Speaker in January, depending on how things go in the weeks ahead for GOP House Leader Kevin McCarthy.

• But there are still a number of midterm recounts and legal contests underway in various spots around the nation. Yesterday, we discussed the recount now underway in the Arizona Attorney General race, after the Democratic candidate, Kris Mayes, was certified to have defeated Republican Abe Hamadeh by just 511 votes out of more than 2.5 million cast. Sadly, as in CO, AZ "recounts" with computers instead of by hand. In Massachusetts, meanwhile, they do it correctly (by hand). Thankfully so. Because a hand recount for a state House of Representatives seat, in which the Democrat initially lost to the Republican incumbent by 10 votes, has resulted in her winning the seat by just one. single. vote. The Republican incumbent is, naturally, filing a lawsuit in response.

• And then there's the battle for control of Pennsylvania's House of Representatives, where Democrats appear to have won the majority from Republicans for the first time in more than a decade. They flipped a net total of 12 seats last month to take control of the House by the barest possible margin, 102 to 101. But then the confusion began. One Democrat actually died back in October but won reelection anyway. Two others also won races for higher office (Lt. Gov and U.S. House) and resigned after the 2021-22 session officially ended on November 30. But now, there is a battle, including in court, for who gets to decide when the special elections to fill all three vacant seats takes place, and who will be elected as House Speaker when the new session officially begins on January 3. We try to make sense of the legislative mess in the Keystone State which even a longtime PA journalist we spoke to is having trouble making sense of!

• Finally, Desi Doyen joins us for our latest Green News Report, with news on a massive Keystone Pipeline spill in Kansas; New evidence of Big Oil's big lies about their pretend commitment to tackle climate change; And news on the nuclear fusion breakthrough announced today by U.S. Energy Secretary Jennifer Granholm...

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IN TODAY'S RADIO REPORT: The Keystone Pipeline spills again, this time in Kansas; Surprise! Big Oil is greenwashing and deceiving the public about its clean energy investments; PLUS: U.S. scientists reportedly achieve nuclear fusion breakthrough... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): African countries are tapping their fossil fuel wealth. Why aren’t they getting rich?; Climate change is driving millions in Africa to 'raging food catastrophe'; Britain approves new coal mine despite climate concerns; U.S. clean energy held up in permitting; L.A. City Council votes to ban Styrofoam, single-use plastics; Truck makers lobby to weaken U.S. climate policies; That empty space next to highways? Put solar panels on it; Misinformation on clean energy rampant in the Heartland... PLUS: The myth of plastic recycling.... and much, MUCH more! ...

It could have been much worse. That seems to be the message from our guest on today's BradCast after yesterday's oral argument in the U.S. Supreme Court case that could blow up everything we know about American elections, including some 233 years of otherwise settled election laws in all 50 states. We'll hope he's right. [Audio link to full show follows this summary.]

But, first up today, some less ambiguous good news to kick things off. WNBA star Brittney Griner is on her way home from Russia, where she has been held as a prisoner for at least 8 months after authorities found less than a gram of cannabis oil in a vape cartridge in her suitcase. Her release comes as a swap for a notorious Russian arms dealer, but fails to include the release of Paul Whelan, an American imprisoned by Russia for nearly four years, who many hoped would also be included in the trade.

Griner's wife joined President Biden at the White House on Thursday to announce the good news, while urging the release of Whelan, whose brother praised the Administration for making "the right decision to bring Ms. Griner home, and to make the deal that was possible, rather than waiting for one that wasn’t going to happen."

Also on Thursday, more good news in D.C. as the U.S. House approved the Respect for Marriage Act (RFMA) with all Democrats voting in favor with almost 40 Republicans. Shamefully, 169 Republicans voted against recognizing the marriage rights of same-sex and interracial couples. The bill was passed by the U.S. Senate last week (also by all Democrats and opposed by the majority of Republicans) and now heads to the President's desk for his signature. Even though 2015's Obergefell ruling at the U.S. Supreme Court made marriage equality the law of the land in all 50 states, federal lawmakers determined a statutory backstop was necessary after far-right activist Justice Clarence Thomas called for reconsidering the Obergefell decision when he voted with the Court's corrupted rightwing majority to overturn Roe v. Wade earlier this year.

We're joined today by Slate's longtime legal journalist and SCOTUS expert MARK JOSEPH STERN. Last month, he responded to progressive critics of the RFMA who felt it should have gone farther to require all states to license same-sex marriages --- as Obergefell currently does --- rather than simply mandating that states legally recognize such marriages. Today, Stern breaks down his legal argument for why he believes those critics are wrong about the new, landmark federal statute and notes that, "as a progressive in a same-sex marriage, I feel like I have some skin in the game here."

But, our initial reason for booking Stern today was to discuss Moore v. Harper, the ridiculous --- if wildly dangerous --- case heard by the Supremes on Wednesday. As discussed on yesterday's show with FairVote's David Daley, who attended the oral argument, if a majority on the Court agrees with North Carolina Republican petitioners, the fallout for American elections from Moore will be "seismic".

The case argues that a fringe, so-called "Independent State Legislature" theory found in the U.S. Constitution's Elections Clause, means that only State Legislatures may craft specific state rules and laws for federal elections and may not be overruled or even reviewed by gubernatorial vetoes or state court review to ensure those laws meet requirements of state Constitutions. Even voter-approved ballot initiatives would be considered unlawful.

It would, in the case of Moore, allow North Carolina Republicans who control the gerrymandered majority in the evenly-divided state Legislature to gerrymander U.S. House districts however they like, even after the state Supreme Court determined their partisan gerrymander violated the state Constitution. By the same theory, a majority opinion in favor of the NC GOP, by the rigged 6 to 3 SCOTUS, could also allow state Legislatures to simply choose whichever Presidential Electors they preferred, even when voters voted otherwise. Yes, it's just that insane and, arguably, should never have even been heard at the High Court.

The good news today, is that, after yesterday's hearing --- when the "Court's most conservative justices got outplayed," as Stern reported at Slate --- he now believes the worst-case scenario is far less inevitable. "Those of us who’ve been ringing the alarm over this dangerous theory --- and who've been disgusted by the campaign to drag it from the far-right fringe all the way to the Supreme Court --- can take solace that these capable lawyers exposed [the Independent State Legislature theory] as an utter fraud," he wrote last night.

"Even though we have a ton of rules in every single state's Constitution that have been enforced for 230+ years, this theory says that all of those are invalid, we've been doing it wrong the whole time," Stern told me today, adding that he "heard maybe two votes for that position" during oral argument on Wednesday.

"But then, once you get into the more compromise positions, it gets harder to gauge," he warns. "I don't think the Court is going to totally cut out state Constitutions and state statutes from federal elections. I don't think that the Court is going to go as far as Republicans want. I think that there's a chance that the Court could issue a decision that is bad but not catastrophic, that essentially says that, as a general principle, state courts can regulate elections, but that federal courts get to double-check their work and decide if they got it wrong."

"But we have to be, when this decision comes down, really vigilant about drawing any conclusions before we figure out exactly where they land." If Federal courts can review state court rulings that are regarded as "egregious," Stern says he could live with that. But if they allow state courts only "mild deference," he explains, "that's no good, because that is really not how we do things in this country. State courts have the final say over the meaning of state law in almost all circumstances. And if we take that away, then it is just empowering this conservative super-majority on SCOTUS to decide all these cases in favor of Republicans."

Given the ridiculous basis for the Independent State Legislature theory --- that we've been doing it all wrong for more than 230 years since the nation's founding, but nobody noticed until now --- there would be hundreds of election laws in all 50 states that could then be challenged in federal courts. It's all somewhat ironic given that this fringe interpretation of the Elections Clause was, itself, built on "a fraudulent document that purported to be an account of the Constitutional Convention" that, as early as the 1800's, was described as "fake" by James Madison, "who actually did write the definitive account of the Constitutional Convention," notes Stern.

Much more on all of that today and, before he leaves, a quick explanation of how "stupid" the case heard earlier this week by SCOTUS regarding a web designer in Colorado who refuses to design a website for same-sex marriages actually is. Hint: She "has never been asked by any couple, gay or straight, to make a wedding website for them. Yet she sued before anyone could ask her, and argued that Colorado's civil rights law was infringing on her freedom of speech."

Finally, we're joined by Desi Doyen for our latest Green News Report with both good and bad news, as per usual, when news broke late from CNN that, according to their sources, the U.S. Dept. of Justice has asked a federal judge to hold Donald Trump in contempt for failing to comply with a subpoena ordering him over the summer to turn over classified records he stolen upon leaving the White House.

It turns out that it may have been an even better day today than we originally thought...

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IN TODAY'S RADIO REPORT: U.N. biodiversity summit seeks to reverse nature's decline; International Olympic Committee grapples with global warming impact on Winter Games; Biden Admin hits jackpot with Pacific Coast offshore wind lease auction; PLUS: Renewable energy to overtake coal by 2025... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Scientists thought carbon emissions had peaked. They’ve never been higher; Bird flu prompts slaughter of 1.8M chickens in Nebraska; Musk's lurch to eco-fascism; How an early oil industry study became key in climate lawsuits; Former Superfund site becomes largest landfull solar fam in North America; 5th Circuit may back Biden social cost of carbon; Britain approves new coal mine despite climate concerns; PFAS from fracking waste may pollute nearly 100 sites in PA, OH, WV; Heat pump push sparks gas vs. electric battle... PLUS: How 2022 has substantially, and favorably, changed global climate outlook.... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: FBI investigating coordinated attacks on electric grid that caused massive blackout in North Carolina; Russian missile attacks on civilian targets deepen Ukraine's energy crisis; PLUS: Electric vehicle sales are surging in the U.S. and around the world... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Progressives Ready To Block Defense Bill Over Permitting; Chinese Solar Manufacturers Cheated to Avoid Duties, Government Investigation Finds; Texas GOP Group Waging a National Crusade Against Climate Action; What Is The '30 By 30' Goal - And Can It Save Global Biodiversity?; Sale jumpstarts floating, offshore wind power in US waters; Why it’s time for Utah to buy out alfalfa farmers and let the water flow; EU aims to use Russian assets to generate cash for Ukraine... PLUS: 1,200 possibilities for the planet’s future. These are our best hope.... and much, MUCH more! ...

Nope. We're still not done with the 2022 Elections on The BradCast. And that's without even including next Tuesday's U.S. Senate runoff election in Georgia! [Audio link to full show is posted below this summary.]

Before we get to a number of election-related items today...

• Some thoughts on the bill signed on Friday by President Biden to help avert a national rail strike and economic catastrophe along with it. I've seen a lot of misinformation out there from progressives over the past 24 hours or so about the political strategy employed by the White House and Congressional Dems. So I try to clear up a few points today, explain why what happened happened, and how the focus must now turn toward ensuring that Biden includes paid sick days for federally contracted rail workers in an Executive Order.

As to the continuing 2022 midterm elections...

• A teenage election worker, campaigning for Sen. Raphael Warnock (D) in Savannah, Georgia ahead of Tuesday's runoff against Herschel Walker (R), was shot while knocking on doors on Thursday. He was shot through a closed door and is being treated for what is described as "non-life threatening injuries". The Savannah Police Dept. has arrested the alleged shooter and claims that "At this point, there is no indication the shooting was politically motivated." Okay. Just shooting people randomly through front doors then?

• Colorado Sec. of State Jena Griswold has officially ordered a mandatory recount in the 3rd U.S. House District race between incumbent far-right Rep. Lauren Boebert (R) and challenger Adam Frisch (D) because the final margin was smaller than 0.5%. Boebert was certified to have won the race by just 550 votes out of more than 327,000 cast across the 27 counties that comprise the 3rd District which blankets almost all of western CO. This race, according to the nation's election forecasters, wasn't even supposed to have been close. Obviously, it was. Sadly, according to state law, all counties must now re-tally ballots in the recount by the same method used to count them originally. That means that all but one county in the state will tally their hand-marked paper ballots on the same optical-scan computers that tallied them the first time, either correctly or incorrectly. The only way to know for sure, of course, is to hand-count them. San Juan County will be the only one to do so, since that's how they originally tallied their voters' ballots.

• An even closer race will soon be recounted statewide in Arizona, where Democrat Kris Mayes will be certified on Monday by the state as having defeated Trump-backed MAGA Republican Abe Hamadeh in the Attorney General's race by just 510 votes out of more than 2.5 million cast. That's a margin of just two one-hundredths of a percentage point! As in Colorado, Arizona, shamefully, recounts by computer as well.

• A recount is only allowed in Arizona when the margin is less than 0.5%. But if the Republicans on the Cochise County Board of Supervisors had their way, there probably wouldn't be a recount at all in the razor-close AG's race, because Hamadeh would have lost by much more. Also, one U.S. House race would have flipped from a Republican victory to a Democratic victory, and the Dem, not the Republican would have been the winner in the state's school superintendent race. That's because the MAGA Republican dupes on the Cochise Board tried to avoid certifying their county's election results entirely, despite any evidence of fraud or miscount or anything else. Luckily for the County's 46,000 mostly-Republican voters, Democratic Sec. of State and soon-to-be Governor Katie Hobbs sued the county to force them to certify. On Thursday, a state judge ordered them to certify results immediately, preventing the disenfranchisement of tens of thousands of voters (from all parties).

• Cochise had a difficult time finding an attorney willing to represent them in the above-mentioned matter, after the County attorney refused, citing his original advise to the Board that refusing to certify was unlawful. Even the attorney for the buffoonish Cyber Ninjas turned them down! But attorneys thinking twice about taking lousy election cases is probably a good idea. At least a federal judge in Arizona thinks so, and is trying to make that point loud and clear. On Thursday, U.S. District Court Judge John Tuchi sanctioned the attorneys representing failed Gubernatorial candidate Kari Lake and failed Sec. of State candidate Mark Finchem --- Trump-backed MAGA Republicans and election liars both --- for frivolous their frivolous complaints challenging the election systems in Maricopa (Phoenix) and Pima (Tucson) Counties. As Judge Tuchi made clear in his order for sanctions [PDF], it was meant to "penalize specific attorney conduct with the broader goal of deterring similarly baseless filings initiated by anyone, whether an attorney or not" and to "make clear that the Court will not condone litigants ... furthering false narratives that baselessly undermine public trust at a time of increasing disinformation about, and distrust in, the democratic process."

And finally, today...

• Desi Doyen joins us for our latest Green News Report, with good news for water drinkers in Mississippi; bad news for polluting oil and gas drillers in the U.S.; and disturbing news for everyone who lives near the rising seas on our coastlines...

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IN TODAY'S RADIO REPORT: U.S. Dept. of Justice sues to clean up Jackson, Mississippi's failing, beleaguered water supply; Hawaii's Mauna Loa volcano shuts down global CO2 monitoring site; Biden Administration releases strict new methane emissions standards for drillers; PLUS: Interior Department announces new funding to help tribal communities escape rising seas... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): West Africa's deadly rainfall in 2022 made '80 times more likely' by climate change; Black Friday's 'Enormous Environmental Impact' Sparks a Green Backlash; U.S. government pledges $250 million to help ailing Salton Sea; More than 70 percent of English water industry is in foreign ownership; Competitors chip away at Tesla’s US electric vehicle share; CDC expands polio wastewater testing in MI, PA; Puerto Rican towns sue Big Oil for climate damages; Officials fear 'complete doomsday scenario' for drought-stricken Colorado River... PLUS: Poet yells at newspaper article on Greenland ice melting.... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: While we were out... Rich nations finally agreed to pay climate damages to poor nations at U.N. COP27 climate summit; A quarter of Americans at risk of winter power blackouts; Buffalo, NY buried under historic, global warming-juiced blizzard; PLUS: Entire city of Houston placed under boil water notice after power failure... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'Landmark vote' gives boost to threatened sharks; How China, the world’s top polluter, avoids paying for climate damage; Biden tightens methane emissions rule amid push for more oil; Manchin’s permitting side deal on brink as GOP seeks his 2024 ouster; Why utilities resist simple upgrades to boost renewables; E-Pizza: Dominos Pizza will have EV delivery fleet... PLUS: COP27 ends with no emissions agreement: The oil era is ending anyway — because it must.... and much, MUCH more! ...

It's our last BradCast until after the Thanksgiving holiday. And for that we are both thankful...and exhausted. [Audio link to full show follows this summary.]

Merrick Garland's newly appointed independent Special Counsel, Jack Smith, is reportedly already at work, now overseeing two Department of Justice criminal probes related to Donald Trump's incitement of the Jan. 6, 2021 insurrection and his theft of classified documents and other Presidential Records from the White House upon leaving office.

Following Garland's announcement on Friday, there are differing opinions from those in the legitimate legal community hoping to see accountability for the former President. Some believe the appointment of Smith was the right thing to do in order to avoid even the appearance of political conflicts of interest. Others believe that it's too late now to appoint a Special Counsel and that Garland should have simply cut to the chase by bringing indictments himself where appropriate.

Garland's appointment of a Special Counsel came on the heels of Trump's announcement earlier last week that he had filed to run again for President in 2024 and the presumption that Joe Biden was planning to do the same. The Attorney General explained that he felt that the "extraordinary circumstances" triggered the DoJ regulations mandating an independent, non-political appointee be named to oversee both cases and to make the determination as to whether indictments should be brought.

We're joined today by two longtime guests of the program, with very different opinions on the matter. Hours prior to Garland's appointment of Smith, former federal prosecutor RANDALL D. ELIASON, now a law professor at George Washington University, published an article headlined "Mr. Attorney General, It's Time to Appoint a Special Counsel," explaining why he believes that DoJ "regulations and the public interest demand it."

His piece was written following Trump's announcement of his 2024 candidacy and in response to an article earlier in the month by Laurence Tribe and Dennis Aftergut's arguing: "Mr. Attorney General, It’s Too Late to Appoint A Special Counsel."

Following the A.G.'s announcement on Friday, Constitutional law expert JOHN BONIFAZ, Co-Founder and President of the government watchdog group Free Speech for People, expressed disappointment and frustration with Garland's decision, tweeting: "Garland has had more than 1.5 years to name a special counsel to investigate Trump. It is not credible that he was unaware during that time that Trump and Biden might run again."

Both Eliason and Bonifaz join us today to hash out their varying positions, with Bonifaz leaning heavily on the argument that Garland lacks "credibility" in his appointment after failing to bring a "vigorous effort" to hold Trump accountability over the past year and a half, "for the crimes that were clearly laid out" by the time Garland took office. He cites the 10 instances of Obstruction of Justice detailed by the previous Special Counsel, Robert Mueller, and the fraud detailed by the DoJ's successful prosecution and conviction of Trump attorney Michael Cohen, in which the Department identified Trump as "Individual 1" directing a criminal conspiracy to secretly pay off porn star Stormy Daniels to keep her quiet about a sexual affair.

"If he's not being held accountable for those crimes," Bonifaz argues, "why should we believe that he now will be held accountable for these crimes?"

Eliason, on the other hand, sees those matters as separate and distinct from the immediate need to appoint a Special Counsel for the DoJ's two, currently ongoing probes. He explains why he believes the appointment is both necessary and will not substantially slow down any prosecution of the former President if indictments are found warranted by Smith. He is also critical of Bonifaz' argument that indictments should already have been brought by the DoJ.

"When you're talking about prosecuting a former President," explains the former chief of the DoJ's Public Corruption and Government Fraud section in D.C., "they've got to have this buttoned up every way possible. So it is going to take some time. I know there is a lot of frustration or impatience with that, but that's the nature of these cases. If they don't take the time and do it right, then they're going to bring some half-baked charges and Trump gets acquitted."

After that debate, Bonifaz sticks around for a bit longer to explain his group's new campaign to call on Secretaries of State and chief election officials in all 50 states to bar Trump from the 2024 ballot, arguing that his incitement of the January 6 insurrection makes him ineligible under Section 3 of the 14th Amendment, the so-called Insurrection Disqualification Clause. FSFP has joined with Mia Familia Vota to launch a campaign at TrumpIsDisqualified.org to gather signatures for a petition to state election officials, charging "because of his role in inciting, encouraging, and supporting the January 6th insurrection, Trump is constitutionally ineligible for any future run for office."

Also today, several news headlines from over the weekend, including an all too brief conversation with Desi Doyen --- before we disappear for the next week --- about the landmark agreement struck during overtime at the U.N.'s climate conference over the weekend. The nations of the world finally agreed to create a long-sought, so-called "loss and damage" fund that will require wealthy nations who benefited from the use of cheap and dirty fossil fuel energy to help still-developing nations who are not responsible for our climate crisis yet are facing the brunt of the worsening emergency. The 200 nations at the conference did not, however, agree to call out the reason for the emergency --- the burning of fossil fuels --- due to opposition from Russia, Saudi Arabia and Nigeria, nations with fossil fuel dependent economies...

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There are just too many crimes. Next time we'll need to plan a longer BradCast. [Audio link to full show follows this summary.]

We're not yet beyond the 2022 elections. Votes are still being tallied and races still being called. Only last night, media outlets finally were able to project the GOP would win back a majority in the U.S. House next year, if barely, and that progressive Rep. Karen Bass would be the winner of the Los Angeles Mayoral race over billion real estate developer Rick Caruso. Of course, the fallout from the election will continue for a while. Today, two-time Democratic House Speaker Nancy Pelosi --- love her or hate her, one of the most effective Speaker's in history --- announced that, while she plans to remain in Congress, she will not seek a leadership role next session. The first women to hold that job said during floor remarks today, that she is passing the torch to a new generation.

Most notably, however --- at least when it comes to accountability for the most corrupt man likely to ever hold public office in this nation, much less as President of the United States --- actual 2022 midterm voting continues as well, in the December 6th U.S. Senate runoff in Georgia.

That means the Dept. of Justice guidelines barring overt action in politically-related cases during the 60-day window prior to elections is likely still in effect. But even after the GA runoff on December 6th, as our friend Marcy Wheeler of Emptywheel recently explained, "Merrick Garland hasn't done the specific thing you want because DoJ has been busy doing things they have to do first." In other words, before federal indictments can be brought against Donald Trump, as many (yours truly included) are eager to see, there remains a lot of legal work that must be done in order to ensure that any such indictments result in actual convictions.

Our guest today is DR. ALLISON GILL of the notorious "Mueller, She Wrote" Twitter account and podcast, which tracks the many (seemingly endless) criminal and civil cases and investigations under way against the disgraced former President about as closely as anyone in the country. She agrees that patience remains a virtue in these cases. Depending on the case, as she explains today, we are looking at a matter of weeks to a matter of months before indictments can be brought against Trump. Though she does believe they are coming and that his announcement this week that he is running again in 2024 provides no protection against prosecution in any of these cases.

As we begin to move beyond the midterms, today seemed a good day to touch base with Gill to help us try and reset where things are regarding to the many ongoing criminal and civil probes, indictments and lawsuits still bearing down on Trump. To be honest, we've lost track of some of them in recent weeks as we'd moved largely full time to 2022 election coverage.

Those pending cases include (but are not limited to):

• The New York state criminal tax fraud trial currently underway against the Trump Organization and its CFO Allen Weisselberg, as brought by Manhattan D.A. Alvin Bragg;
• Bragg's New York state criminal investigation into bank, tax and insurance fraud by Trump himself, as seemingly abandoned earlier this year, but which could be revived following the trial against his company;
• The $250 million New York state civil lawsuit for bank, tax and insurance fraud against Trump, his company, and his three oldest kids, Don Jr., Eric and Ivanka, filed by NY A.G. Letitia James, which Gill sees as extraordinarily damaging to Trump;
• The Georgia Special Grand Jury probe, as brought by Fulton County D.A. Fani Willis, of the Trump-led criminal conspiracy to convince state officials to steal the 2020 Presidential election on his behalf;
• The Dept. of Justice's federal probe of thousands of pages of classified documents stolen from the White House by Trump upon leaving office, in apparent violation of the Espionage Act, Presidential Records Act and obstruction of justice;
• The DoJ's federal probe of the Trump-incited January 6, 2021 insurrection at the U.S. Capitol and his other many failed attempts to steal the 2020 Presidential election, including via a fake electors plot.

Add to those, Trump's failure to show up for his deposition this week in response to a lawful subpoena.from the the bipartisan U.S. House Select Committee investigating the January 6 insurrection. (Trump's former advisor Steve Bannon was recently sentenced to two months in prison for Contempt of Congress for failing to answer similar subpoenas from the Committee.)

"Don't forget," Gill adds today, "his Save America PAC is under federal criminal investigation. His Truth Social [companies] are under FINRA, FEC, and federal criminal investigation. He is facing a lot --- a lot --- of legal problems. We've got the E. Jean Carroll case, the Mary Trump case, the Hillary sanctions, the Michigan sanctions. He's in a lot of trouble from a lot of things. We're going to just have to see who drops the hammer first."

"If we just look at the Watergate timeline," she posits, regarding the sprawling January 6 investigation, "we won't see indictments until April 2023. And this is far more complex [than Watergate]. So it's going to be interesting to see how the timing plays out. Or whether maybe Garland says, 'Hey, Fani Willis, you take the fraudulent electors stuff, I'll take the documents stuff.'" That, she explains, would have the advantage of potentially convicting Trump under state law for which he can't be pardoned by a future President (or even by a Georgia Governor, since they are not granted state pardon power.)

Gill does believe --- in fact, she is "very, very certain" --- that Trump will be indicted in at least one of the federal cases we discuss today. Tune in to find out which one!

Finally today, Desi Doyen's got our latest Green News Report, as the COP27 U.N. climate conference in Egypt nears crunch time this weekend; Trump offers well-worn climate lies at his 2024 announcement; and some good energy related news to close out today's program...

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IN TODAY'S RADIO REPORT: Crunch time for an agreement at the U.N. COP27 climate summit in Egypt; NASA projects sea levels will rise a foot by 2050; Trump repeats well-worn litany of climate lies in 2024 announcement; PLUS: Climate disinfo is surging again, deceiving the public about solutions... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Regulators clear path for largest dam demolition in history; The biggest wild card in the climate crisis: thawing permafrost; Guide to global emissions: what GHG and Scope 1, 2 and 3 mean; Deforestation brings bat-borne virus home to roost; Tribes in the Colorado River Basin are fighting for their water; California revises and tightens climate change strategy; Scientists discover more than 22,000 endangered manta rays off coast of Ecuador; Devastating floods in Nigeria were 80 times more likely because of climate crisis; Florida wildlife officials to feed manatees lettuce to slow starvation again this winter... PLUS: Unexpected polar bear population may offer some hope for the species.... and much, MUCH more! ...

"Election Day" coverage continues today into its second week on BradCast, as more of the closest races are being called and as a clearer picture emerges as to what actually happened and why. [Audio link to full show follows this summary.]

Shortly after airtime on Monday night, media outlets finally called the very close Arizona Governor's race for Democratic Sec. of State Katie Hobbs over former TV news anchor and failed Trump-wannabe Kari Lake. As we detail, Lake's apparent narrow loss was likely particularly satisfying for outgoing GOP Rep. Liz Cheney.

Hobbs' lead over Lake, with almost all votes tallied, is 0.7% as we go to air. That is above the 0.5% or less required for an automatic recount in AZ, where state law (shamefully) does not allow for candidates to request and pay for a recount on their own. That, of course, will allow Lake to continue to present evidence-free claims of "fraud" in her election, particularly given unexplained Election Day failures of some optical scanner at some polling places in Maricopa County. That shouldn't have prevented anybody from voting --- thankfully, Arizona votes on hand-marked paper ballots --- but it did mean that some ballots cast at the polls on Election Day had to be tabulated back at County headquarters later.

Presuming Hobbs' victory is certified as expected, that means the AZ's Governor's office turns from "red" to "blue" for the first time in 13 years. (It'll be the third state where that happened this year.) Add to that the state's two Democratic U.S. Senators and Democrat Adrian Fontes' victory over Trump-backed election liar Mark Finchem for Sec. of State, and Democrat Kris Mayes currently leading Republican Abe Hamadeh (if barely --- and easily within recount territory for now) in the race to replace the state's outgoing Republican Attorney General. All of that looks a lot like a new "blue" state, with every major statewide seat in AZ perhaps soon to be occupied by a Democrat in advance of 2024.

Yes, it was a stunning midterm election across the nation, as that "red wave" that Republicans and corporate media imagined and promised, never arrived.

"This is the best midterm election result for a newly-elected Democratic President in their first term since Franklin Delano Roosevelt in 1934," notes our guest today, progressive journalist and author JOHN NICHOLS of The Nation, describing the results as "remarkable" and "against all sorts of historical patterns," while observing that this is the "third election cycle in a row where Donald Trump has been the dominant figure in the Republican Party and the Republican Party has lost. It's kind of a pattern."

So why did the results defy history? "I think the answer is that our politics have changed. We're not in the same world that we were in before," explains Nichols, who we have turned to many times over the years following Election Days to try and make sense of them. "Local media doesn't exist the way it used to, so elections are nationalized. We have seen the two parties go more to their corners --- the Democrats at least somewhat to the left, Republicans way to the right --- so we have to adjust our filter. And if we do, we understand that this election actually tells us a lot about where potential Democratic majorities and coalitions are in the future."

We dig deep into the remarkable results and how they may have been even better for the Democrats had the party not been so taken by their own fears that the media might have been right about the "red wave" which never came. Those poor predictions (which often contradicted the media's own available evidence to the contrary) also resulted in an overconfident GOP which, like the Democrats, ended up spending money in many of the wrong races. Nichols explains how Dem victories might have been even broader had they fought more aggressively and less defensively by funding, for example, more rural races where Democrats could have also won with more support from the Party.

He breaks down the likely reasons that the excellent Democratic candidate Mandela Barnes, in Nichols home state of Wisconsin, ended up losing to the insufferable Republican insurrection enthusiast Sen. Ron Johnson, and why other excellent candidates, if arguably less progressive ones, like Tim Ryan in Ohio and Cheri Beasley in North Carolina, ended up falling short.

In addition we also dig into how critical young voters --- lots of them! --- were to what ultimately happened this year. "Young people ought to be where you're putting a lot of your resources. As a party, Democrats need to be talking to young voters, bringing young people into leadership positions in the party. If you do, the rewards are immense," he avers. "Under 30 and especially under 25, the bias is 28% in favor of the Democrats. At the very end of the 2022 cycle, in states across the country, you had a lot of young voters lining up and casting votes. They don't turn out at the same percentage, at the same level, as older voters do. But if they turn out strong, it has a huge impact."

We also discuss how an institutionalist like Joe Biden has been clever enough as President to shift his policies toward the progressive left, in tune with those voters and the American electorate overall.

"Let's be very clear," Nichols argues today, "despite what games pundits try to play, Americans had a very clear choice. In 2022, they had a choice between an extreme rightwing Republican Party straying toward authoritarianism on many issues and a Democratic Party that was edging toward progressivism, and was attacked for that. And what did the American people decide to do? In a surprise to everyone, to the politicians and the pundits, they decided to go for the party that is edging towards progressivism."

Finally today, we close with Desi Doyen and our latest Green News Report, as Biden pledges leadership and funding at the U.N. climate conference in Egypt, and restarts climate negotiations with China...

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IN TODAY'S RADIO REPORT: President Biden pledges U.S. leadership and funding at U.N. climate summit; U.S. and China resume formal climate negotiations; Hurricane Nicole was a very expensive storm; PLUS: Democrats hold on to thin Senate majority, holding the line on U.S. climate policy... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): COP27 considers 'loss and damage' fund, but has yet to commit; Weak GOP showing in midterms blunts possible attacks on Biden climate agenda; Is 'Global Shield': A climate fix or a distraction?; Offshore wind blowing up big time, in a good way; Manchin FERC shake-up may stymie Biden’s clean energy plans; UN to seek out methane emitters with data from space... PLUS: Texas' National Butterfly Center makes a comeback after rightwing attacks... and much, MUCH more! ...