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Latest Featured Reports | Friday, March 29, 2024
BRAD BLOG Spring Breaking
And not a moment too soon...
Sunday 'Roll Out the Barrel' Toons
FEATURING: Rich Con, Poor Con!...Sex-Havers!...March Madness!...More! Have a barrel of fun with our latest collection of the week's best toons!...
It's Up to You, New York: 'BradCast' 3/21/24
Trump staring down barrel of both civil and criminal accountability in NY; Also: Biden forgives another $6B in student loans; U.S. seeks 'sustained ceasefire' in Gaza; Scientists baffled by spike in record global heat...
'Green News Report' 3/21/24
  w/ Brad & Desi
Biden EPA issues biggest climate regulation in U.S. history; Rio hits 144°F heat index!; Exxon CEO blames YOU for climate change; PLUS: U.N. issues climate change 'red alert'!...
Previous GNRs: 3/19/24 - 3/14/24 - Archives...
'It All Comes Down to Brett and Amy': 'BradCast' 3/20/24
Guest: Slate's Mark Joseph Stern on another stunning week of federal judiciary debacles; Also: Primary results from AZ, FL, IL, KS, OH, CA; Biden EPA's 'biggest climate move yet'...
American 'Bloodbath':
'BradCast' 3/19/24
Trump is promising political violence whether he wins or loses; Also: Navarro goes to prison; Scofflaw MI MAGA attorney arrested; SCOTUS allows TX to override federal law, Constitution; Biden's SOTU success...
'Green News Report' 3/19/24
  w/ Brad & Desi
EPA finally bans all uses of asbestos; Biden unveils billions for rebuilding communities broken by highway construction; Extreme heat in Africa; PLUS: MA coastal town follies...
Previous GNRs: 3/14/24 - 3/12/24 - Archives...
Corporations 'Taking a Bazooka' to NLRB, Hoping to Declare it 'Unconstitutional': 'BradCast' 3/18/24
Guest: Labor journo Steven Greenhouse; Also: Putin's 'election'; Trump can't find $450M...
Sunday 'Wouldn't Wanna Be Ya' Toons
FEATURING: Moses Mike...Trump II Terror...TikTok Truth...and more in our latest collection of the week's most secular toons!...
Schumer Steps Up; Trump Associates Paid Biden 'Bribe' Liar $600k: 'BradCast' 3/14/24
Also: TikTok foolishness; NY hush-money trial delay?; Navarro must go to jail; Trump owes $400k for failed 'Steele Dossier' suit in UK...
'Green News Report' 3/14/24
FL bans heat protections for workers; Methane leaks continue; GOP Project 2025 would ban Paris Agreement; PLUS: CA snowpack is back, but too late for salmon...
After Accountability for Fraud, What's Next for the Corrupt NRA and Gun Safety Reforms?: 'BradCast' 3/13/24
Guest: Brady Center's Kelly Sampson; Also: Biden, Trump clinch; GA judge nixes 6 counts...
How to Media Better and Other Smart Ideas:
'BradCast' 3/12/24
Press quietly resets weeks of misreporting on Biden; Suggestions for NYT; Stephanopoulos v. Mace; Also: Buck quits; RNC 'bloodbath'; WI's MAGA Speaker Recall...
'Green News Report' 3/12/24
Biden touts climate jobs boom at SOTU; Feb. obliterated global temp and ocean heat records; PLUS: Great Barrier Reef hit with yet another 'mass bleaching event'...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Dr. Robert Bullard of TSU and Nat'l Black Environmental Justice Network; Also: COVID kills 500k in U.S.; SCOTUS denies Trump's last plea to protect his finance docs; Dominion's $1.7B suit against MyPillow CEO...
By Brad Friedman on 2/22/2021 7:03pm PT  

There was so much news over the weekend and into Monday that it began to feel a bit like the Trump Era again. Don't worry! It ain't. But it sure felt like it trying to get caught up on today's BradCast. (Or maybe it was barely making it on air in time after we learned the catalytic converter had been stolen from our Prius. Apparently, that's now a thing!) [Audio link to full show is posted below summary.]

Among the stories covered at the top of today's show:

  • The U.S. reached the grim milestone of 500,000 confirmed deaths due to COVID-19, the disease which our failed former President had told us would simply "disappear like magic" when the weather warmed last year in Spring. Turns out he was genocidally wrong.
  • Speaking of Donald Trump the failure, it looks like he's finally run out of options to prevent his accounting firm, Mazars USA, from turning over subpoenaed tax and other financial documents to Manhattan District Attorney Cyrus Vance, Jr.'s criminal investigation into Trump's hush money payments to Stormy Daniels and into other allegedly fraudulent tax and loan schemes. The U.S. Supreme Court --- yes, even those in the stolen and packed seats filled with Trump appointees --- denied the disgraced former President's final appeal on Monday.
  • And, speaking of Trump-related frauds, his buddy Mike Lindell, the CEO of MyPillow, was sued today by Dominion Voting Systems for more than $1.7 billion dollars, in just the latest example of attempted accountability for the suckers who played along with Trump's Big Lie that the 2020 Presidential election was stolen by computerized voting and tabulation systems. Lindell, the wingnut Trump suckup who produced a silly documentary called Absolute Proof (which, as I explain, appears to contain everything but that), has ignored the private voting vendor's prior legal warnings to cease and desist his false claims alleging that Dominion's systems were used to steal the election for Joe Biden. Monday's Dominion suit against Lindell [PDF] is just the latest. The company previously sued Trump attorneys Rudy Giuliani [PDF] and Sidney Powell [PDF] for the same amount in each suit. Another company, Smartmatic --- which has only one contract in the U.S. (here in Los Angeles County, not in any of the battleground states) --- was similarly targeted by Team Trump's Big Lie, as they re-imagined a BRAD BLOG exclusive from 2010 to support their evidence-free claims. They have recently sued Fox "News" [PDF], several of their hosts, as well as Giuliani and Powell for $3.7 billion. We suspect there are still more such suits to come.

Then, as Texas finally begins to thaw out from a massive winter storm that knocked out power and water to millions in the state last week (thanks to the Lone Star State's deregulated system that left it up to private power utilities to decide if they wished to winterize their systems --- they held onto their profits instead, go figure!), it is, once again, the most poor and disenfranchised minority communities who are likely to have the most difficult time recovering. As is too often the case after such disasters, communities of color are likely to pay the biggest price for it.

We're joined today by DR. ROBERT BULLARD, Distinguished Professor at Texas Southern University, author of some 18 books, co-chair of the National Black Environmental Justice Network, and known as the "Father of Environmental Justice". Bullard himself was a victim of last week's power failures in Houston for several days.

"Texas prides itself on being the Lone Star State," he tells me. "But this severe weather event and the power outages and loss of water, has shown us that we are the ALONE Star State. Our energy policy of go it alone, keep the federal government out, doesn't make any sense. And it's never made any sense. We need to re-join the United States [and] rejoin the grid."

"They planned it on the cheap. These [Texas] officials had the nerve, they had the gall to say 'Oh, it's the windmills causing the problem.' In Texas, we have privatized the energy system to the point where people gambled --- they gambled and lost," he says.

Bullard explains the concept of "Environmental Justice" in layman's terms for us, as the need to overcome decades of redlining and poverty that has resulted in a disproportionate impact on minority communities when it comes to pollution, natural disasters and climate change itself. We discuss the "cascading threats that are pushed into certain communities. That's the double whammy, the triple whammy --- what the medical folks call 'co-morbidity', but we call it 'You get hit with everything damn thing!'" He adds: "How these things intersect, it means that these communities are limited when the lights go out, limited in terms of their ability to bounce back. This, for communities that are struggling with a challenge, with a disaster, and the disaster that will unfold when they get these big bills, when the shutoffs come."

On the positive side, however, on the same day that Joe Biden's Attorney General-designate Merrick Garland cited "communities of color and other minorities [who do not have equal justice and] bear the brunt caused by pandemic, pollution and climate change," during his Senate confirmation hearing, Bullard is optimistic. He says he is encouraged by the new Biden Administration's promises to tackle systemic racism and the need for environmental justice.  "These issues were on the ballot in November and we won," Bullard asserts. "We won on policies and platforms that brings justice at the center. Not a footnote, but a headline.  Environmental justice, climate justice, economic justice, racial justice, energy justice, health justice. JUSTICE is the headline"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Constitutional law expert John Bonifaz of Free Speech for People; Also: Fossil fuel failure freezes out TX grid during deadly winter storm...
By Brad Friedman on 2/16/2021 6:47pm PT  

On today's BradCast: Impeachment may be broken, but accountability is still coming. [Audio link to full show is posted at end of summary.]

But, first up: Record low temperatures continued to batter dozens of states and knock out power to millions of customers in several of them. But it is residents of the great state of Texas who are paying the highest price for their government's utter failure to keep the lights...and the heat...and the water on...throughout this foreseeable and deadly cold snap. No, it's not the renewable energy sources like wind power that has failed --- as Fox "News" is frantically misinforming their viewers today --- it's the fossil fuel industry and the state's disastrously unregulated and privatized power infrastructure that has helped create the mess in Texas. Our own Desi Doyen explains.

Then, in a refreshing bit of encouraging news today, Congressman Bennie Thompson (D-MS) has filed a civil federal lawsuit against Donald Trump in response to the deadly attempted insurrection at the U.S. Capitol on January 6th, incited by the disgraced former President. The suit, filed on Thompson's behalf by the NAACP on Tuesday, also names Rudy Giuliani and the rightwing extremist groups Proud Boys and Oath Keepers as defendants. It seeks both punitive and compensatory damages for the assault on Thompson's place of work that left the 72-year old Chair of the House Homeland Security Committee hiding on the floor of the U.S. House for hours and in dangerously close contact with colleagues, two of whom tested positive for COVID in the days that followed. The complaint is believed likely just the first of a potential wave of similar litigation in response to the unprecedented attack on the Capitol which killed at least five people, and which a bipartisan 57-43 majority of U.S. Senators over the weekend at his Impeachment Trial found Trump guilty of having incited.

But guilty or not, the Impeachment process, for a second time in the Trump Presidency, ultimately fell short of the high Constitutional bar of a two-thirds vote needed for conviction, begging the question as to whether the founders misjudged what might be needed by Congress to hold a scofflaw President to account.

We're joined today once again by Constitutional legal scholar JOHN BONIFAZ, Co-Founder and President of the non-partisan governmental accountability group Free Speech for People, and co-author of the 2018 book The Constitution Demands It: The Case for the Impeachment of Donald Trump.

Our wide-ranging conversation on various paths towards accountability for the 45th President includes discussion of Rep. Thompson's lawsuit; Section 3 of the 14th Amendment and how it might be invoked to prevent Trump from running for future office; and as well as criminal statutes which could be invoked against Trump under the leadership of Joe Biden's Attorney General-designate Merrick Garland. On the day after the January 6 insurrection, FSFP joined a coalition of groups calling for Garland to stand up a task force upon his confirmation to pull together all of the disparate investigations into the matter.

Central to any such accountability, however, Bonifaz argues today, is the need for an important reform in the U.S. Senate and accountability for members who serve both there and in the U.S. House. He argues that the failure to convict Trump at his second Impeachment Trial "demonstrates that those who are sworn to take the oath to preserve, protect and defend the Constitution in the U.S. Senate are not up to the task --- at least for the 43 members of the Sedition Caucus, who are every bit as guilty as Donald Trump for voting to acquit him despite the overwhelming evidence that Donald Trump incited this insurrection and was guilty as charged."

He faults "those in power who are not abiding by their oaths" who have allowed Presidents to "assume the powers of a king". To begin reform of Congress, Bonifaz explains, we must start with reform of our electoral system as Democrats have proposed in their critical H.R.1. and S1 bills called the "For the People Act". But to see that through Congress --- and so many other necessary reforms --- we will have to do away with the legislative filibuster, he says.

"The filibuster, as we know, requires a 60 percent majority in the U.S. Senate for anything to pass, and that's contrary to any basic principle of small-d democracy," Bonifaz tells me. "That's a first order of business for those in the U.S. Senate and, frankly, those in the White House who are pledging to protect and defend our democracy. We need to eliminate the filibuster, and we need get on to the business of responding to these voter suppression efforts throughout the country that we now see in state legislatures to try to roll us back and disenfranchise millions of voters."

Of course, Democrats could do that without Republicans at all, with their newly-won Senate majority, but for Democratic Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona who have each pledged to protect the filibuster. Even those obstacles however, as Bonifaz explains, are not insurmountable if pressure is applied by Democratic leadership in the Senate and the White House...and if pressure is applied by we, the people on them to do so.

With the "Jim Crow relic" filibuster out of the way, says Bonifaz, the Senate would also be able to invoke Section 3 of the 14th Amendment to prevent Trump from being allowed to hold federal office in the future. The post-Civil War Amendment blocks those who have engaged in rebellion or insurrection against the U.S. Government from becoming candidates for public office. "This is a critical next step needed to ensure that this lawless ex-President is disqualified from running for office again," Bonifaz asserts, detailing how the provision would work with a simple resolution adopted by both the Senate and House.

I hope you tune in for this important conversation today as the quest for accountability continues to continue on The BradCast!

Finally, we close somewhere near where we began, with Desi Doyen and our latest Green News Report focused on the winter storm now battering dozens of U.S. states and the utter failure of Texas lawmakers (and those in other states) to properly harden our critical infrastructure for a 21st century climate changed world...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Survival of the republic may now hinge on a wide-ranging criminal probe...
By Ernest A. Canning on 2/15/2021 11:01am PT  

It's bad enough that the U.S. Department of Justice (DOJ), based upon deeply flawed opinion memos, issued by its own Office of Legal Counsel (OLC), believes a sitting President cannot be prosecuted while in office for his or her crimes.

Now, 43 Republican Senators have sought to justify their "not guilty" votes in Donald J. Trump's second impeachment trial based on the specious assertion that an impeached President cannot be tried in the Senate for crimes committed while in office after he/she is no longer in office. That disingenuous notion is at odds with historical Senate precedent, the opinions of more than 170 legal scholars from both the Right and Left, and a simple reading of the plain text of the U.S. Constitution, not to mention the Senate's own decisive, bi-partisan, 56-44 majority vote at the start of this latest Senate Impeachment trial establishing that such a trial is indeed Constitutional.

Obviously most of the 43 "impartial" Republican jurors --- a number of whom share responsibility for the insurrection because they either directly perpetrated or failed to timely refute the Big "Stop the Steal" Lie --- latched onto the "no jurisdiction" defense in a desperate effort to erect plausible deniability for themselves. A fig leaf, if you will, designed to conceal their own duplicity and cowardice. Indeed, the remarks by Minority Leader Mitch McConnell (R-KY) delivered on the floor of the Senate immediately after he cast his "not guilty" vote reveal that the factual case presented by the House Managers was both clear and convincing.

For that reason, an historically huge, bi-partisan, 57-43 majority of the U.S. Senate found Trump guilty as charged of "Incitement of Insurrection". That there were enough misinformed, duplicitous or simply cowardly Republican Senators to prevent the two-thirds vote required to meet the incredibly high bar for conviction under Senate Impeachment rules is of little moment.

A political impeachment process is very different from a legal proceeding. There are, in fact, grave statutory crimes at the heart of Trump's most recent Article of Impeachment, including 18 U.S. Code § 373 - Solicitation to commit a crime of violence; 18 U.S. Code § 2383 - Rebellion or insurrection; and 18 U.S. Code § 2384 - Seditious conspiracy. With that in mind, the DOJ's failure or refusal to prosecute the former President could result in impunity with respect to an Office that is already considered the most powerful on earth.

Trump's attempted coup may have failed, but if we cloak the Office of the President with impunity, we invite a more skilled, future demagogue to do anything --- legal or illegal --- to retain power. To counter that more-serious-than-ever concern, the DOJ, under the leadership of Attorney General-designate Merrick Garland, must investigate and prosecute the former President for violations of applicable federal laws...

--- Click here for REST OF STORY!... ---




Landmark bill would enact long-overdue voting reforms, but needs at least one key rewrite to close a loophole regarding hand-marked paper ballots...
By Ernest A. Canning on 2/5/2021 10:35am PT  

As their first official bills in each chamber of Congress --- H.R.1 in the House and S.1 in the Senate --- Democrats are proposing a remarkably ambitious election, campaign and ethics reform measure which would go a long way towards enhancing our system of democracy. At least one important rewrite is needed, however, in order to close a loophole in its mandate regarding hand-marked paper ballots.

H.R.1 or the For The People Act of 2021, was introduced by Rep. John Sarbanes (D-MD) with hundreds of Democratic co-sponsors on January 4. It is supported by both Democratic House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer.

With the exception of partisan gerrymandering as applied to State legislative offices --- which is out of the hands of federal lawmakers --- the bill would, for all intents and purposes, outlaw a wide array of voter suppression, intimidation and deceptive practices that have, for decades, been used to undermine American democracy.

The massive bill, clocking in at nearly 800 pages, also includes Congressional ethics reforms and other important measures, but we focus here on the statute's provisions to help outlaw suppressive measures and improve election security, transparency and the verifiability of results.

As presently written, the measure appears to mandate the use of "voter verified permanent paper ballots" in all federal elections. That aspect, however, must be improved with minor, but very important revisions to mandate the availability of hand-marked paper ballots --- the only type that can be known to be "voter verifiable" --- for all voters at the polling place for both early and Election Day voting.

H.R.1 also includes provisions for either hand-counting of paper ballots or the use of optical scanning computers accompanied by Risk Limiting Audits. It includes mechanisms to fund those post-election activities.

The bill provides for minimum periods during which States must make early voting available in federal elections and promotes, streamlines and secures mail-in voting. It tightens ethical standards and also takes a stab at reducing the role of dark money in campaigns, while prohibiting the presence of foreign money and interference in our elections. This includes a mandate that TV, radio and online platforms "make reasonable efforts to ensure that [election-related] communications...are not purchased by a foreign national".

The real question isn't whether H.R.1, if appropriately amended, should become law. The question is whether a sufficient number of Senators are willing and able to do what is necessary to ensure it becomes law...

--- Click here for REST OF STORY!... ---




Guest: Terrorism expert Colin P. Clarke of the Soufan Center; Also: Trump declines to testify at second Impeachment Trial; Smartmatic files $2.7 BILLION defamation suit against Fox 'News' for election theft lies...
By Brad Friedman on 2/4/2021 7:26pm PT  

We keep trying to move on from Trump on The BradCast. But his crimes, his criminal supporters, the growing terrorist menace they pose, not to mention the billion dollar lawsuits that keep coming in against the suckers who fell for and/or promoted his phony, sore loser "stolen election" conspiracy theories, are not making any of it easy. This is gonna take a while.

First up today, in advance of Trump's second Impeachment Trial next week, the Democratic House Impeachment Managers today invited the disgraced former President to give testimony under oath. The man who has never turned down the chance to be the center of the attention, turned down the offer. His lawyers call the invite "a political stunt". But, of course, since Trump can't help but lie, it's probably very wise that he has decided to not get himself into even more legal trouble than he is already facing.

At the same time on Thursday, Smartmatic, a small voting machine company that Team Trump attorneys Sidney Powell and Rudy Giuliani falsely claimed to be interchangeable with their competitor Dominion Voting Systems, and somehow behind theft of the 2020 Presidential election, pushed back hard. The company which, in the U.S., does business in only one county (Los Angeles, where they received a contract to build it's new voting systems used for the first time last year), sued Fox "News", three of its hosts (Lou Dobbs, Maria Bartiromo and Jeanine Pirro) for $2.7 billion. The suit also names Giuliani and Powell as defendants. They were each, separately, similarly sued for $1.3 billion each by Dominion recently.

Smartmatic's voting systems played no role in any of the battleground states where Team Trump has baselessly claimed the election was stolen from him. Their 285-page lawsuit [PDF] filed today, however, like those filed to date by Dominion (more are likely to be coming soon) against Giuliani and Powell, charge defamation and ensuing loss of business, after Fox, its hosts and Trump's attorneys all repeatedly made false claims based on their re-imagined reporting by The BRAD BLOG. My 2010 investigative exclusive regarding Dominion and a company they purchased which was once owned by Smartmatic, was accurate. Team Trump and the MAGA Mob Media's bastardization of that reporting was used to spin their own phony, evidence-free story of a massive, worldwide election theft conspiracy --- as we explain yet again today.

Next, in the wake of the January 6 MAGA Mob assault at the U.S. Capitol --- the incitement for which is the basis of Trump's second impeachment --- almost two hundreds perps have been rounded up so far and charged in the deadly attack. Members of a number of far-right extremist and/or racist organizations like The Oath Keepers and Proud Boys have been arrested and indicted on conspiracy charges, and Dept. of Justice officials are said to be mulling the use of RICO statues to cast an even wider net with conspiracy laws initially enacted to help bring mafia kingpins to justice.

The violent insurrection in January, however, was completely predictable. In early December on this program, we were joined by a longtime researcher of terrorism, insurgency and political violence who warned that Trump was setting the stage for coming insurgencies not unlike like the one we all witnessed at the Capitol on January 6. He warned at the time that Trump was "encouraging his supporters to engage in insurgency-like tactics and behaviors," that there are "real-world consequences to this," and that those listening to Trump and his media organs like Fox "News" and even farther rightwing media outlets were "living in an alternate universe", and "going to act on it."

We're joined once again today by that expert, COLIN P. CLARKE, a Senior Research Fellow at The Soufan Center and author of a number of books on international terrorism, to discuss his recent New York Times op-ed warning that, while "the storming of the Capitol on Jan. 6 by a rabid mob of Donald Trump supporters resulted in a failed insurrection...for far-right extremists, including anti-government militias, white supremacists and violent conspiracy theorists, nothing about the insurrection was a failure."

"Not only was it not a failure, at least viewed on the part of the insurrectionists," he tells me today, "but it was entirely predictable. Everything Trump was doing, including his violent rhetoric, was laying the groundwork for this type of political violence."

"It was obvious to any extremism researcher that knows what they're talking about that this was the logical conclusion of where things were headed. The President was stoking the flames. His enablers in the GOP were providing that passive support necessary. And he unleashed a mob, essentially, against his own government," Clarke explains.

But the even more unsettling part is that Clarke, who has studied insurgencies across the globe going back decades, believes that attack has now set the stage for the recruitment of even farther Right extremists and for still more violent events in the near future.

We discuss how both law enforcement officials and lawmakers need to grapple with the emerging threats posed by "a new era" of domestic terrorism; if our current laws are adequate to safeguard against further attacks; and the justifiable concerns that Americans should have regarding the possibility that new measures enacted to combat domestic terrorism, along with those enacted after 9/11 to guard against foreign terrorism, might inappropriately be used against perceived political adversaries of those in power.

"We need to be on guard over the mistakes that we've made in the past. We need to be transparent about what the strategy is going forward....At the same time, some of the lessons we've learned from  the last twenty years fighting jihadists just don't pertain," Clarke says. "For the better part of the past two decades, we've been focused on fighting groups and organizations overseas. Now we're concerned with individuals and movements on US soil. Quite a bit of difference there. Americans have different rights under the law --- including First and Second Amendment --- than we would be talking about if we were analyzing an ISIS network operating in Syria. So there's a lot of care to take as we figure out what to do next."

On an encouraging note, however, he explains that he has "been heartened [by] seeing that the Biden Administration understands the sense of urgency. It's tapped some of the most capable people in this country to lead the charge." He says he expects their work to be "empirically driven" based "on the data", which is "something we didn't see under the last administration, when we had President Trump talking about 'I'm going to designate Antifa as a terrorist group.'"

Finally, for some (believe it not) brighter news, Desi Doyen joins us for our latest 'Green News Report', as Dems take control of the U.S. Senate and vow to act on climate; as automakers drop their attempt to challenge California's vehicle emissions standards; and as coal is predicted to be entirely out of the U.S. power grid in just a few short years...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/26/2021 11:35am PT  


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IN TODAY'S RADIO REPORT: President Biden moves to undo even more of Trump's attacks on the environment; Biden will use the power of the government purse to boost electric vehicles made in the U.S.; PLUS: Court strikes fatal blow to Trump's polluting power plant rule... All that and more in today's Green News Report!

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Also: Dominion Voting Systems sues Rudy Giuliani for $1.3 billion in yet another defamation suit against a Team Trump attorney...
By Brad Friedman on 1/25/2021 6:22pm PT  

If you thought the news might slow down a bit with Donald Trump finally out of office, you may still have to wait a while.  On today's BradCast, we pick up where Friday's left. Moments after we got off air a ton of astonishing news broke, and it has continued right up through airtime today.  Most notably, the stunning story of just how close the nation's mercifully former President actually came to stealing the election from Joe Biden and the American people is only just now beginning to come together. [Audio link to full show follows below summary.]

We start today --- (which, by the way, marks our 17th Anniversary of muck-raking and trouble-making via The BRAD BLOG! Please feel free to help us continue our reader/listener supported work into our 18th year with a much-needed donation!) --- with another $1.3 billion defamation suit filed against yet another Team Trump legal liar and defamer.  Following a similar suit filed by Dominion Voting Systems against Trump's attorney Sidney Powell just weeks ago, his lead election-theft attorney, Rudy Giuliani, has now also been slapped with a $1.3 billion defamation lawsuit by the Canadian-owned firm.

The 107-page complaint [PDF] filed on Monday, as we detail at some length today, charges that Giuliani repeatedly fueled Trump's "Big Lie" about the election and the repeatedly evidence-free claims that Dominion's systems were somehow used to steal it from Trump for Biden. These are the false claims that Giuliani made over and over again in public, on rightwing media and on his snake-oil peddling YouTube show, ironically named "Common Sense". They are also, as Dominion points out in the complaint, the same claims that Giuliani failed to make in a court of law, where he could actually be punished for his egregious and repeated "voter fraud" lies.

The company charges that the false information from Trump's attorney was also retweeted and shared millions of times on social media, leading to broad distrust and millions in potentially lost business by the private voting systems vendor. Giuliani's months long assault also resulted in a number of vile and violent death threats to company employees and contractors alike.

The central false claim by Giuliani --- which we have detailed on previous programs --- is based on a wildly bastardized and re-imagined version of a deep-dive investigative exclusive from The BRAD BLOG that I published more than 10 years ago. It relates to Dominion's 2010 purchase of another voting machine company that had once been owned by still another voting machine company that was once tied to Venezuela and its now deceased President, Hugo Chavez. My decade-old, completely accurate story was so bastardized by Rudy and Team Trump that, at one point, while he was giving false testimony about Dominion "fraud" to the GOP-majority Michigan state legislature in early December, Rudy claimed that Dominion's owners were brought "down to meet Chavez just two years ago."  (Chavez has been dead for seven years.)

As also explained today, we are no fans here of private voting companies having any place in our public elections. Nonetheless, Dominion is right to sue for the libelous and dangerous falsehoods repeatedly told by Team Trump, which also fueled the violent, attempted insurrection by the enraged and disinformed MAGA Mob at the U.S. Capitol on January 6. Moreover, there may well be more such suits coming in the days ahead. The firm has indicated they may even file suit against Trump himself.

All of that served as the basis --- at least in Donald Trump's addled-brain, as we learned over the weekend --- for a gob-smacking, last minute attempt by the then President of the United States earlier this month to also stage a coup at the U.S. Justice Department! He reportedly attempted to replace his Acting Attorney General with yet another lackey who was willing to use the Dept. of Justice to file suit at Trump's stolen and packed U.S. Supreme Court to reverse the 2020 Presidential election results in one or more states, and to lie to Georgia's elected officials that the DoJ was investigating major voter fraud in the state. That, the hare-brained but wildly dangerous scheme argued, should have then led Georgia state legislators to void the results and award the state's electors to Trump. In reality, Biden won the Peach State narrowly last November. There has been no credible evidence to suggest otherwise and, in fact, there has been quite a bit of evidence to suggest the results in Georgia were accurately tabulated by the Dominion systems.

On Friday, the New York Times' Katie Benner published the shocking scoop on that attempted DoJ coup, that --- along with several other pieces of reporting in recent days and weeks --- gets us a bit closer to understanding just how close Trump was to pulling a trigger that might have resulted in the complete undermining of American democracy and the stolen election he was after. We detail the plot to remove Trump's Acting Attorney General (the one he installed when even Bill Barr was unwilling to go along with Trump's phony election fraud scheme), prevented only by a vow of top officials at DoJ to resign en masse if Trump went through with it. The details, however, are as stunning as the story itself, and help to spell out exactly what Trump was hoping for with the insurrection he (and Giuliani!) incited at the Capitol on January 6th and how close he came to actually pulling it all off!

All of which underscores how the two week delay now scheduled in the U.S. Senate before Trump's second impeachment trial begins is likely to make things far worse, rather than better, for the disgraced, now former President.

Buckle up for today's latest edition of The BradCast!...

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Guest: Salon's Heather Digby Parton; Also: Tragic COVID milestone; Biden's $1.9T COVID plan; Creepy new Capitol Insurrection revelations...
By Brad Friedman on 1/15/2021 6:43pm PT  

It's beginning to feel like the beginning of the end on today's BradCast. And while there remains plenty to be concerned about and lots of work ahead...it's beginning to feel just a little bit better all the same. [Audio link to show is posted below summary.]

Among the many stories covered on today's show...

  • The world crossed a new, tragic COVID milestone. 2 million dead. That's the equivalent of 10 jumbo passenger jets falling from the sky every day for the past year. In the U.S., with more deaths by far than any other country thanks to Donald Trump's delinquent efforts, and the rate quickly rising, well over 390,000 are now dead --- or 2 jumbo jet crashes every single day for the past year;
  • Joe Biden's Chief of Staff, Ron Klain, predicts we may see as many as 500,000 COVID deaths in the U.S. before the end of next month. Therefore, it is very good to see the President-elect unveil a comprehensive, $1.9 trillion plan to both fight the virus and revive the economy --- and even raise the minimum wage to $15/hour at the same time! Republicans will oppose it, naturally. But almost everything in Biden's plan, save for the minimum wage increase, says The Prospect's David Dayen, can be adopted in the U.S. Senate with a simple majority vote...presuming all Dems are on board;
  • The nation is certainly on board for the Biden Presidency at this point, with Joe's approval rating up since the election and Trump's plummeting to an all-time low on his way out the door, according to a new survey out today from Pew Research;
  • Biden's Inauguration rehearsal has reportedly postponed due to security concerns following last week's Trump-incited Capitol Insurrection, and a warning from U.S. intelligence agencies that his "Domestic Violence Extremist" supporters may be planning more attacks, thanks to Trump's continuing, false, evidence-free claims that the election was stolen;
  • In a court filing, federal prosecutors said that Capitol Insurrectionists hoped to "capture and assassinate elected officials". Late today, they began to walk back that claim;
  • After a Congresswoman and former U.S. Navy pilot Mikie Sherril (D-NJ) charged this week that some insurrectionists were given "reconnaissance" tours of the Capitol by Republican lawmakers the day before last week's deadly riot Rep. Ayanna Pressley (D-MA)'s Chief of Staff reports that all of the panic buttons in the Congresswoman's office were found to have been mysteriously removed prior to assault;

Then, as moving vans begin hauling the remnants of the Trump Administration away, the outgoing President is reportedly angry and increasingly isolated. (Sad!) But as our long national nightmare will soon come to a close, his legal and financial nightmares may be just beginning. Even that, however, comes with threats to the security of the nation.

We're joined today by the great HEATHER DIGBY PARTON of Salon and Hullabaloo.  She's been writing about Trump's crumbling corporate empire both before, but especially in the wake of his failed Capitol Insurrection and the security concerns his financial woes pose to the nation. She explains why on today's show.

We also discuss the fallout from Trump's second historic Impeachment and how the U.S. Senate will proceed with the trial even as Biden takes office and hopes to see his cabinet confirmed and agenda enacted. And then there's the question of what we should expect as the "Ghost of Trumpism" lingers --- and continues to rot --- the soul of the Republican Party after he mercifully leaves office on Wednesday.

Finally, we close with some good news that got somewhat lost in the stampede of this week's instant Impeachment proceedings. Following a report from the Commerce Department Inspector General, the Census Bureau has now been instructed to abandon Trump's almost-certainly unconstitutional Executive Order scheme to withhold undocumented immigrants from apportionment data to be sent to Congress. Thus ends the Republicans desperate --- and now failed --- attempt to use the Constitutionally-mandated decennial federal Census as a means to shift political power from urban, Democratic-leaning areas of the country, to white, rural Republican districts...at least for another 10 years.

And with that good news, I wish you a great holiday weekend!...

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Did the Framers really wish to give Get-Out-of-Jail Free cards to insurrectionists?...
By Ernest A. Canning on 1/15/2021 11:30am PT  

When Harvard Law Professor Laurence Tribe was interviewed by MSNBC's Lawrence O'Donnell last year, his remarks specifically related to Presidential self-pardons. His observations, however, reveal why the Department of Justice (DOJ) should also contest any effort by President Donald J. Trump to grant a pardon to anyone who could be considered a co-conspirator in carrying out an insurrection designed to allow the loser of the 2020 Presidential Election to remain in power...

If a self-pardon could be given recognition by any court, then the President would know that he could commit crimes from day one of his presidency to the end of four years --- even horrible crimes; crimes like treason, crimes like making war on his own people...That would, as George Mason said, turn us from a constitutional republic to a monarchy, or worse.

In an amicus brief [PDF] filed late last year in the Michael Flynn case, the legal advocacy group, Free Speech for People (FSFP) observed that, while the U.S. Supreme Court, in Schick v Reed (1974), described the Presidential pardon power as "plenary", or absolute, the Court added that the limitations on the pardon power, "if any, must be found in the Constitution itself." Citing a recent Georgetown Law Review article [PDF] that reached a similar conclusion, FSFP argued that the U.S. Constitution's command that a President ensure that the laws be "Faithfully Executed" broadly prevents a President from granting a pardon for a corrupt purpose.

Although U.S. District Court Judge Emmett Sullivan issued a 43-page Memorandum Opinion explaining that he had dismissed the Flynn case as moot following Flynn's acceptance of a Presidential pardon, the court neither referenced nor rejected the corrupt purpose limitation set forth by the FSFP amicus brief. Even if that ruling implicitly entailed a rejection of the FSFP argument, as applied to the Flynn case, it would not foreclose a DOJ challenge to the limits of the pardon power with respect to the unprecedented events that occurred on Jan. 6th.

This is not an abstract question. An attorney representing insurrectionist Jacob Anthony Chancey announced he'd request a Presidential pardon, Democracy Now's Amy Goodman reported. Evidence suggests that Chancey, who was filmed "shirtless, wearing buffalo horns and holding a spear", may be one of the rioters who intended "to capture and assassinate elected officials," according to Goodman. As rioters yelled "Hang Mike Pence", the charging documents allege, Chancey aka the "QAnon Shamen", left a note on the VP's desk that ominously warned that "it's only a matter of time, justice is coming", according to Anna Lucia Murillo of the Daily Beast.

No President, before this one, has ever been implicated in a violation of 18 U.S.C. § 2383 - Rebellion or insurrection or 18 U.S. Code § 2384 - Seditious conspiracy. It is virtually impossible to believe that the framers of the U.S. Constitution intended the availability of the pardon power to be utilized as an instrument designed to entice others to assist in the ultimate violation of the solemn oath to see that the laws of the United States are "Faithfully Executed". The framers of the U.S. Constitution regarded the duty to "Faithful Execute" our laws as so central to our constitutional scheme of governance that Art. II, §1, Cl. 8 of the U.S. Constitution mandates that every President "shall" take the oath before entering office.

* * *
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on twitter: @cann4ing




Also: Another Schadenfreude Update as Trump's empire crumbles...
By Brad Friedman on 1/14/2021 6:46pm PT  

On today's BradCast: Donald Trump's Big Lie(s) continue to pose a terror threat, even as his world is crumbling. [Audio link to show follows summary below.]

On Wednesday, during the debate in the U.S. House over Donald Trump's second impeachment, a number of GOPers argued that the bipartisan call for accountability in response to the President of the United States inciting a terrorist attack on the U.S. Capitol last week would only serve to make matters worse. A number of Trump's defenders charged that if the Congress that was attacked by his MAGA Mob attempted to hold him to account it would be too "divisive" and anger his supporters at a time that the nation needed "unity" and "healing".

At the very same time, according to Greg Sargent at Washington Post today, a number of U.S. intelligence agencies, including DHS and DoJ, issued a memo warning that Trump's Big Lie about a "stolen election" was serving as the driving force for "Domestic Violence Extremists" (DVEs) who pose a serious threat of further violence in coming days.

Nonetheless, few of those Republicans in the House pretending to be concerned about dividing the nation further were willing to say the one thing that might actually "lower the temperature": That Joe Biden won the election fair and square according to all available evidence and that Donald Trump lost it in the same fashion.

Phony GOP concerns about "divisiveness" not withstanding, their refusal to do the right thing by debunking Trump's ridiculous claims that the election was stolen, rather than play along with them, has resulted in news that the National Mall in D.C. will now reportedly be closed entirely for the first time during a Presidential Inauguration due to the threat of domestic terrorism.

Trump's Big Lie about the election is not the only one. Some of the House Republicans on Wednesday were attempting to rewrite reality by claiming that Trump, at his MAGA Mob rally before the insurrection at the Capitol, did little more than "urged attendees to, quote, unquote, peacefully and patriotically make your voices heard. There was no mention of violence, let alone calls to action." That was the claim made by Pennsylvania's lying Rep. Guy Reschenthaler. Reality --- and actual evidence --- prove otherwise, as we do as well on today's program. Given that Trump's impeachment trial in the Senate on this very matter awaits, it seems wise to get a jump on this newest Big Lie.

But, as dark as this moment may be for the safety of Americans and future of American democracy, there is still plenty of Trump Schadenfreude News to be enjoyed today. Including the fact that Trump is reportedly "isolated and angry at aides for failing to defend him" during his second impeachment; his approval ratings have plummeted 11 points since December; and New York City is joining a growing list of those cutting ties to the disgraced Trump. As his Trump Organization empire begins to crumble, he is already losing millions of dollars worth of business from those who regard his brand as too toxic to get anywhere near at this point. And things are likely to get much much worse for him in the days ahead.

All of that and much more, with gusto, on today's program, before we close with some accountability news when Desi Doyen joins us for our latest Green News Report...

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Guest: Former diplomat, Rep. Tom Perriello of Open Society Foundations US on our nation's need for accountability beyond impeachment...
By Brad Friedman on 1/13/2021 6:42pm PT  

On today's BradCast: Donald John Trump made history yet again on Wednesday by becoming the first President to be Impeached twice. Plus, a former Congressman and diplomat warns accountability is needed if the nation ever hopes to recover. [Audio link to full show is posted below summary.]

The U.S. House voted 232 to 197, with 10 Republicans joining all of the Democrats, to charge the soon-to-be-former President with "Incitement of Insurrection" [PDF] for inflaming his violent MAGA mob before they stormed the U.S. Capitol just one week earlier. Using false claims that he had actually won the election in a landslide, he told his infuriated supporters to "fight like hell" to prevent the 2020 election from being stolen for Joe Biden. At least five people, including a police officer, were killed during the insurrection, another officer later committed suicide. Scores of both law enforcement officials and rioters were hospitalized as the marauders attempted to find and kill Vice President Mike Pence, House Speaker Nancy Pelosi and other lawmakers.

Soon-to-be-former Senate Majority Leader Mitch McConnell responded to the historic day by ruling out a trial on the charge in the U.S. Senate before next week's inauguration of Joe Biden. He did not, however, rule out his own vote to convict the twice-impeached President. Some close to McConnell have reportedly suggested that he may see the impeachment and a subsequent conviction of Trump as a way to distance the GOP from the nation's worst and most divisive President.

We share a number of the statements made during the House floor debate, both for and against Trump's impeachment, on Wednesday, including from one of the Republicans who broke with his party to vote to impeach the President.

Then, we're joined by former Democratic Congressman and diplomat TOM PERRIELLO, who now heads the Open Society Foundation for the U.S. Perriello, after serving as Representative for Virginia's 5th Congressional District, went on to serve as the U.S. Special Envoy to the African Great Lakes Region during the Obama Administration. Earlier in the 2000s he worked as a U.S. diplomat with the UN-mandated Special Court for Sierra Leone and as a consultant to the International Center for Transitional Justice in Kosovo (2003), Darfur (2005), and Afghanistan (2007).

Comments from Perriello caught our eye last week when he was quoted by the New York Times following the attempted coup at the Capitol. It was an article on the growing demands by Democrats for accountability for Trump, his family and his associates after he leaves office. In the piece, Perriello is cited --- based on his experience helping to resolve political crises in various developing nations, including one in which a President attempted to stay in office beyond his constitutional term --- noting: "Countries that skip the accountability phase end up repeating 100 percent of the time --- but the next time the crisis is worse."

“People who think that the way forward is to brush this under the rug," he told the paper, "seem to have missed the fact that there is a ticking time bomb under the rug."

On a day in which a majority of House Republicans argued and voted against accountability for last week's Trump-incited violent assault on the U.S. Capitol --- with many arguing, hypocritically, that impeachment would merely serve to anger Trump supporters and lead to more divisiveness and hostility at a time the nation needs healing --- Perriello's insight based on his years of experience abroad is enlightening. Citing, for example, the efforts to rebuild Liberia following the tumultuous, criminal reign of its former President Charles Taylor, was to bring charges. "The only real path to peace involved accountability for him and the other warlords who had driven so much of that conflict across the region."

"Accountability can take a lot of different forms, but there's a reason you don't have a lot of candidates out there and politicians saying they want to be the next Richard Nixon or the next Joe McCarthy. These are people who faced public accountability in the form of censure and resignation, with real consequences to them. And that tends to define the path forward," ," Perriello tells me. "There's a reason that in Germany, there are not statues set up to Hitler and other Third Reich figures. The way in which we choose to understand our history and hold people to account has real consequences for other leaders in the future, and the actions they choose to take."

Citing his concern about what could happen in the coming days, in the wake of last week's attempted coup, he notes: "The insurrectionists are already planning escalations. The failure to take seriously such similar provocations or promises, really, is part of what got us into this mess. ... To me, as someone who has worked in conflict zones and on transitional justice, the most scary image was them walking out not in handcuffs, because those images were ones that simply invited the idea of impunity. And impunity leads people to repeat those events, and repeat them with escalation. Allowing even a 24-hour news cycle in which these people could exit as heroes, was something that was almost certainly going to lead to more violence down the road. And that's why this issue of introducing accountability is important." 

So, is the best way for Joe Biden to help "heal" the country to look forward, not back, as the Obama Administration did when taking office after George W. Bush, when they failed to bring accountability for torture and domestic spying by the Administration or for those whose crimes resulted in the 2008 financial crisis? Or should the Biden Administration hold Trump and his enablers to account for their actions? Should some sort of Truth and Reconciliation Committee be formed to help the U.S. out of its current seemingly-intractable morass, as Perriello helped oversee in overseas, third-world nations?

He offers his thoughts on all of that, on Biden's nomination of Judge Merrick Garland for Attorney General, as well as on today's history second impeachment of Donald Trump, and even explains why he believes "this may yet be our finest hour." All of that on today's jam-packed program!...

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Callers ring in on demands for accountability following last week's deadly, Trump-incited riot at the U.S. Capitol. But timing looms large before Inauguration Day, and as the MAGA Mob gears up for more violence...
By Brad Friedman on 1/11/2021 7:40pm PT  

We open up the phone lines on today's BradCast for the first time since Donald Trump's deadly attempted coup at the U.S. Capitol last week, to get feedback from callers on whether it makes sense to impeach him again with just about a week and a half left in his term. (For the record, my own opinion is "YES!," and I explain why throughout the course of today's show.) [Audio link to full show is below the summary.]

We start with some of the latest breaking news...

  • Trump's illegally appointed Acting Homeland Security Chief Chad Wolf announced, just before air time, that he is stepping down after being critical of Trump following last week's insurrection that killed at least five people, including a Capitol Police officer. Wolf called the riot "tragic and sickening".
  • The FBI has reportedly notified all 50 states of the possibility of armed attacks on state houses, as Trump's MAGA Mob are continuing to tell each other that Trump will be inaugurated on January 20th (he won't be) and that we should all prepare for a national emergency in which Trump invokes the Insurrection Act and begins "high profile arrests" between now and Inauguration Day. All of that, his minions have convinced themselves, come amid what they describe to each other as "a battle for our republic against elites that are attempting the very coup that they are accusing Trump of doing."
  • Over the weekend, however, House Speaker Nancy Pelosi informed House Dems that if Trump refused to resign, she would hold a vote on a resolution calling for Vice President Mike Pence to invoke the 25th Amendment to remove Trump from power. If that doesn't work (it doesn't appear that it will), a vote on a second Impeachment could be held in the House as early as Wednesday. We share the Article [PDF], formally filed in the House today by Reps. Jamie Raskin (D-MD), Ted Lieu (D-CA), David Cicilline's (D-RI), and Jerry Nadler (D-NY) for "Incitement of Insurrection", on today's program.
  • Over the weekend, both Democrats (like AOC) and Republicans like Sen. Pat Toomey (PA), Lisa Murkowski (AK), Ben Sasse (NE) and Trump ally and former Governor of New Jersey Chris Christie all suggested they might support impeachment and removal of the President. As Christie noted, "If inciting to insurrection" isn't an impeachable offense then "I don't really know what is."
  • Nonetheless, a number of Republicans are suggesting that if either the 25th or impeachment are invoked, it would lead to further violence. As Rep. Kevin Brady (R-TX) pathetically tweeted on Saturday, "Those calling for impeachment or invoking the 25th Amendment in response to President Trump's rhetoric this week are themselves engaging in intemperate and inflammatory language and calling for action that is equally irresponsible and could well incite further violence." --- In other words, if you hold anybody accountable for inciting violence, you are inciting the same people to more violence. So, best to do absolutely nothing, apparently. Very patriotic and courageous, Congressman.
  • On Sunday night, the PGA pulled their planned 2022 Championship from Trump's Bedminster, NJ golf resort, adding to the schadenfreude already most likely being enjoyed by anti-Trumpers since Twitter permanently banned him from the social media platform late on Friday.

As to the timing of how to pull off an impeachment with just days left in Trump's Presidency, it's important to understand --- as we discussed with former federal prosecutor Ben Clements on last Friday's show --- that an official doesn't even have to still be in office to be impeached. There is historical precedent for that. Clements, and others, argue it's important to impeach Trump if only to convict him at trial so that he cannot run for public office ever again.

It should also be noted that the House may vote to impeach this week or next, but wait until after Biden is sworn into office before sending the Articles to the Senate for a trial. That's what some Dems are now calling for. Rep. James Clyburn wants to wait until Biden's first 100 days are over. Others suggest waiting just long enough to allow Biden's cabinet to be sworn in, since all Senate business must stop when a Senate impeachment trial begins. With Chuck Schumer as Majority Leader, after Biden and Vice President-elect Harris are sworn in, a real trial could be held in the Senate, with dozens and dozens of witnesses, unlike the show trial McConnell held to quash the charges Trump was previously impeached for last year.

So, lots to chew over on today's program, and lots of callers ringing in with thoughts on all of the above...

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Guest: Slate legal reporter Mark Joseph Stern on recent cases, Bill Barr, Kris Kobach and accountability for TX' attempt to overturn the election; Also: GOP now eating its own with GA's U.S. Senate runoffs underway...
By Brad Friedman on 12/15/2020 7:54pm PT  

On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: BARR OUT AT DOJ; Trump legal fights mopped up, rejected in WI; MAGA Mob sparks weekend violence in D.C., shuts down MI capitol...
By Brad Friedman on 12/14/2020 7:50pm PT  

On today's BradCast, we won't be broken, even by more breaking news than we might have guessed. [Audio link to complete show is posted below.]

We knew we were starting with late breaking news today as California gave President-elect Joe Biden the requisite votes (270) needed to win the Electoral College just minutes before air time. But, because this is the Trump Era, that was quickly superseded by the breaking news just seconds before air time that Donald Trump's corrupt fixer and Attorney General Bill Barr is now out at the Dept. of Justice after recently conceding there was no massive fraud in the 2020 election that Trump decisively lost.

In other news covered on today's program on what developed into a surprisingly good news day by and large (at least by 2020 standards)...

  • We begin with a fireside story for your holidays called "The President's New Suit". Spoiler alert: only his closest courtiers and sycophants (126 House members and, even more shamefully, 19 wingnut state Attorneys General) can see it. Even his stolen and packed U.S. Supreme Court saw nothing there on Friday and dismissed the last-ditch effort to disenfranchise millions of American voters in four swing-states that voted for Biden, as filed last week by the indicted Republican Texas Attorney General and Presidential Pardon Hustler Ken Paxton.
  • As the nation crosses its latest undescribably grim milestone today of more than 300,000 deaths from COVID-19, Trump continued to spend his time over the weekend lying about about "fraud" in the election that he lost, rather than the lives needlessly lost under his failed pandemic management as the surging crisis continues to smash new records each day. But, on Monday, the first doses of the first approved vaccine for the disease began to be distributed and administered to health workers and elderly Americans in assisted living facilities. It will likely be Spring before much of the general public will have access.
  • No matter his lies and failures, Team Trump's onerous attempts to disenfranchise hundreds of thousands of voters in Wisconsin --- but only in its two most diverse, most Dem-leaning, most African-American counties --- continued over the weekend. Two different legal efforts in the Badger State, one in federal court and one in state court, fared no better than his 60 or so previous attempts to steal the election from Biden. Of the two latest cases, the last ones that we know of in WI, neither of which included evidence of fraud, one was dismissed by a Trump-appointed judge in federal court on Saturday, and the other was tossed by a 4 to 3 vote of the rightwing Wisconsin state Supreme Court on Monday. A conservative Justice, once again, voted with the court's three liberals, and excoriated the Campaign's attempt to toss more than 200,000 lawfully cast votes in a strategy that one Justice said "smacks of racism". The ruling came just moments before Wisconsin cast its 10 Electoral College votes for Biden.
  • Down in Georgia, where 16 Electoral College votes were cast for Biden today --- eventually giving him 306 votes, versus the 304 votes Trump ultimately received in 2016, when he called his victory over Hillary Clinton a "landslide" --- former Gubernatorial candidate Stacey Abrams cast her vote as a Democratic Elector and offered some comments on bringing the nation together under the new Democratic President-elect, which we share on today's show.
  • And though we ran out of time for details, here's the story of the Michigan state capitol which had to be shut down today for security reasons during the casting of that state's 16 Electoral College votes for Biden, as a state GOP lawmaker appeared to threaten violence in Lansing this morning.
  • Finally, in our remaining few minutes, we open up the phone lines to listeners, one of whom sees the continuing and futile Team Trump lawsuits as "treason", another who questions the safety of the COVID vaccine, and another who ends today's show with a rather appropriate song...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Former Asst. U.S. Attny Randall D. Eliason of GWU Law School...
By Brad Friedman on 12/8/2020 8:08pm PT  

The madness continues on today's BradCast. But, midway through the show, SCOTUS put the unanimous brakes on the MAGA Mob's latest greatest hope to overturn the 2020 election, while top Republicans increase their eliminationist rhetoric to foment violence and Trump prepares to hand out pardons like Christmas candy.

A new survey out this week from Gallup finds a huge drop in the self-identified mental health of Americans. Not surprising. Perhaps also not surprising is that, among demographic groups which saw double-digit drops from their previous self-ratings of "excellent" mental health, Republicans and independents were near the top, while Democrats were among those groups identified with the smallest change in their own mental health ratings from previous surveys.

Not sure what that may mean exactly, but somehow it seems relevant today as the Republican Party appears to be mentally crumbling before our eyes as it begins to sink in for them that they've been lied to about Trump having "won" the 2020 election. Or even that they would somehow be able to come up with evidence --- any evidence --- that proves in court that Joe Biden and the Democrats and dead Hugo Chavez somehow stole it from Trump.

Last week, Trump Campaign lawyer and former U.S. Attorney, Joe diGenova, called for a former top DHS official, Chris Krebs, to be "taken out at dawn and shot" because he dared believe the 2020 election was "the most secure in American history." DiGenova and the Trump Campaign and Newsmax TV, the wingnut outlet which aired the Team Trump call to execute a former government official, all now face a serious lawsuit from Krebs.

Over at the old school wingnut outlet, Fox "News", formerly sane business anchor turned racist wingnut drama queen Lou Dobbs broke into a frothy rage while interviewing top White House advisor Stephen Miller because Trump and his party, as Dobbs sees it, aren't fighting hard enough to overthrow the election while "the Republican Party...is watching its blood drain into the streets because they're gutless."

And out in Arizona, where the very Trumpy Republican Governor Doug Ducey has been forced to repel entreaties by the President of the United State to stage a coup and declare the loser President to be the "winner" of the state's electoral votes, the state GOP, chaired by a loon named Kelli Ward, is asking Twitter followers to give their lives (literally) for Donald Trump. The AZ GOP even went so far as to follow up that request with a second tweet that includes a clip of "Rambo" holding an arrow to someone's head, while uttering: "This is what we do, who we are. Live for nothing, or die for something." That, in a state where a gun massacre was carried out in 2011 at a Democratic event that killed six and almost fatally wounded then Rep. Gabby Giffords whose husband, Mark Kelly, just unseated the state's Republican U.S. Senator on November 3rd.

All of that madness came before the U.S. Supreme Court today unanimously rejected the only case to come before the Court to challenge the 2020 Presidential election results. (The Trump Campaign has promised to go to SCOTUS themselves, but hasn't.) The rejected case was filed by U.S. Rep. Mike Kelly (R-PA) and several Pennsylvania state lawmakers challenging the new absentee ballot law that they passed (and voted for) last year as a violation of the state Constitution. The Pennsylvania Supreme Court already strongly rejected the challenge, and this afternoon, mid-show, SCOTUS refused to hear the attempted federal appeal.

But, if some 50 (and counting) failed, evidence-free court cases from Team Trump haven't yet done the trick, and they are unable to spark the violent new civil war they are clearly hoping for, Donald Trump is still busy preparing to give away pardons "like Christmas gifts" to his aides, friends, family and even himself while he still has the chance. As of today, such a pardon appears to have helped the admitted felon and former National Security Advisor Mike Flynn off the hook after he twice pleaded to lying to the FBI (while also admitting that he was an undeclared paid agent of Turkey.) So, in lieu of a violent upheaval --- or maybe along with it --- why not issue Presidential Pardons to all of your corrupt friends, family and business associates on the way out the door? Even before they've been charged with any crime? That appears to be coming very soon at this point.

To discuss the awesome, virtually unchallengeable Constitutional power of the Presidential Pardon, we are joined today again by former Asst. U.S. Attorney RANDALL D. ELIASON of George Washington University Law School. Several weeks ago, Eliason wrote an excellent primer on the scope and recent history (and abuse) of the Pardon power and the PardonPalooza that both he (and I) expect to see in the coming days.

Eliason challenges some of the common wisdom concerning Presidential Pardons (for example, whether it's true that someone who is pardoned loses their 5th Amendment right to refuse to testify about the criminal matter to Congress and law enforcement officials and whether or not a Pardon is actually an acknowledgement of "guilt"); whether Pardons may be legally challenged as corrupt or unlawfully self-dealing and, if so, how exactly; whether a President is Constitutionally allowed to pardon himself; and whether this one is likely to do so (answer in short: of course he is!)

As the news that U.S. Circuit Court Judge Emmet Sullivan dismissed the Michael Flynn case as "moot" just before airtime today, and the news that SCOTUS unanimously declined to take up the challenge to Pennsylvania's electors came during our discussion, we also get Eliason's reaction to both of those breaking matters.

Yes, it's another chocked-full-o-information BradCast, appropriately seasoned, we hope, with just enough snark along the way to help keep you both informed and sane! Good luck!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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