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Latest Featured Reports | Saturday, April 20, 2024
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Guest host Nicole Sandler with Global Trade Watch's Lori Wallach and American Ex-Pat Denis Campbell...
By Nicole Sandler on 12/11/2019 4:57pm PT  

It's NICOLE SANDLER again, your trusty guest host for another edition of the BradCast.

With so much happening each day we begin with a look at the latest news, including today's Senate Judiciary Committee hearing on the DOJ Inspector General's report on the Russia probe, another mass shooting, a courageous chief of police, and the latest example of blatant anti-Semitism from the President under the guise of fighting anti-Semitism.

We have two guests today. First up, LORI WALLACH, founder and director of Public Citizen's Global Trade Watch who gives us the scoop on the USMCA (or NAFTA 2.0) that the Democrats agreed to on Wednesday. Next, we turn to the UK, where tomorrow voters go to the polls yet again. American ex-pat DENIS CAMPBELL fills us in on the political climate across the pond...

Download MP3 or listen online below...

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Guest Hosted by Nicole Sandler with a day of Dem whiplash on impeachment and a new trade deal; Also author Ramesh Srinivasan…
By Nicole Sandler on 12/10/2019 4:10pm PT  

It’s NICOLE SANDLER, guest hosting the BradCast again today.

December 10, 2019 is the day that the Democratic-led House of Representatives introduced two Articles of Impeachment for Donald Trump on Abuse of Power and Obstruction of Congress. They're linked there for you to read for yourself, or just click the play button and listen to the show, as I read them for you.

The Democrats played a game of whiplash today as, an hour after introducing the Articles of Impeachment, Pelosi led a press conference to announce that they’ve reached a deal with the Trump administration to pass the NAFTA replacement known as the USMCA. From impeaching the President to giving him one of the biggest legislative victories of his term. Go figure.

We also cover the disconnect between the DOJ’s Inspector General’s report released yesterday and Attorney General Bill Barr’s gaslighting the nation over what it says. And lots more…

We changed the subject for today's interview with RAMESH SRINIVASAN, author of a new book, Beyond the Valley: How Innovators around the World Are Overcoming Inequality and Creating the Technologies of Tomorrow, which is basically an in-depth look into the internet and how it’s fundamentally changed our lives during its short existence.

We finish up with a new episode of Desi and Brad's Green News Report.

Whew. I can’t wait to see what tomorrow brings. On second thought…

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 12/10/2019 9:57am PT  


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IN TODAY'S RADIO REPORT: New heat wave exacerbates Australia's bushfires, now raging out of control; Oceans losing oxygen, thanks to man-made global warming; Bankrupt PG&E reaches $13.5 billion settlement with victims of deadly Northern California fires; PLUS: Tens of thousands of young climate activists pressure U.N. climate summit to get moving... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): How do we pay for a zero-emissions economy?; 1.9 billion at risk from mountain water shortages; Extreme weather patterns raising risk of a global food crisis; Alaska cod fishery closes, industry braces for ripple effect; Texas cancer cluster near Houston creosote site; Las Vegas groundwater management plan succeeding, but overpumping issues loom; Fractured forests endangering wildlife; FPL's Turkey Point first US nuclear plant to get license out to 80 years... PLUS: Hundreds of new wells dry up one of Arizona's most precious rivers... and much, MUCH more! ...

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Guest Hosted by Nicole Sandler with the DOJ's IG report on the Russia probe, and the latest Judiciary Committee impeachment hearing...
By Nicole Sandler on 12/9/2019 4:38pm PT  

It's NICOLE SANDLER back again guest hosting the BradCast on a day filled with breaking news.

From the release of the DOJ's Inspector General's Report on the origins of the Russia probe to the surprise huge story from the Washington Post, 'The Afghanistan Papers: A secret history of the war - At War with the Truth' and lots more, I begin the show recapping it all.

Then we move to the main event, the House Judiciary Committee hearing on the Intelligence Committee report on the impeachment inquiry. Daniel Goldman, the lead investigative counsel for the House Intelligence Committee, was the Democrats' lone witness who summarized the Democratic case for Trump's impeachment.

In his 45-minute opening statement, Goldman explained, "We are here today because Donald J. Trump, the 45th president of the United States, abused the power of his office, the American presidency, for his political and personal benefit. As part of this scheme, President Trump applied increasing pressure on the president of Ukraine to publicly announce two investigations helpful to his personal reelection efforts... When faced with the opening of an official impeachment inquiry into his conduct, President Trump launched an unprecedented campaign of obstruction of Congress — ordering executive branch agencies and government officials to defy subpoenas for documents and testimony...President Trump’s persistent and continuing effort to coerce a foreign country to help him cheat to win an election is a clear and present danger to our free and fair elections and to our national security."

Next stop, articles of impeachment? Tune in tomorrow for As the Trump Squirms...

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A day full of both historic and chilling news...
By Brad Friedman on 12/5/2019 6:28pm PT  

Today's BradCast offers some historic news and some chilling news. And some that may be both. [Audio link to show follows below.]

U.S. House Speaker Nancy Pelosi announced on Thursday that she is directing House Democrats to move forward to draw up Articles of Impeachment against Donald J. Trump. It is only the fourth time in our nation's history for such an action. We share Pelosi's somber announcement and the history lesson that it includes, as well as the reaction from the White House, from Trump himself, and the steps that lie ahead in the House Judiciary Committee as we move toward a trial in the U.S. Senate for removal of the President.

The historic action, which reportedly may include as many as four different Articles of Impeachment --- Abuse of Power, Bribery, Obstruction of Congress (in the Ukraine affair) and Obstruction of Justice (in the Robert Mueller Special Counsel probe) --- has become necessary, according to Pelosi, to save the republic in light of Trump's recently revealed attempts to undermine the 2020 election with help, once again, from a foreign nation.

Then, the Dept. of Justice on Thursday announced two indictments of Russian hackers --- whose whereabouts are currently unknown --- as part of what officials describe as one of the largest cybercrime sprees in U.S. history. The sweeping criminal conspiracy was allegedly led by the two men, who officials have tied to Russian security services. It involves malware designed to defeat anti-virus software distributed by a group named Evil Corp (seriously) and used to siphon more than $100 millions dollars from the bank accounts of companies and even school districts in at least 11 states. The malware phishing schemes reportedly even targeted a small organization of nuns in Chicago.

While that attack has been broad and ongoing over many months, a seemingly separate scheme, also tied to Russians criminals, crippled technology services to more than 100 nursing homes across the U.S. with a ransomware attack on the company that provides the tech services to those facilities. Following a successful emailed phishing attack on November 18, that someone within the company appears to have clicked on, the network of the Milwaukee-based firm was infected, leading the cybercriminals to demand $14 million for the restoration of access to at least 100 hijacked servers. Reporting over the Thanksgiving holiday suggests the company will rebuild their servers rather than pay the ransom. But, in the meantime, some of the nursing homes serviced by the company were unable to access patient records, use the internet, pay employees or order medications. AP reports that ransomware attacks of this kind have been on the rise in 2019, particularly those that target critical public services, with some 70 such attacks in the first half of the year targeting more than 50 cities.

Another victim --- and here's where it begins to get even more chilling --- was the state of Louisiana. They appear to have been attacked on the same day as the Milwaukee tech services company. What makes this attack far more unnerving is that it took place just two days after Louisiana's recent gubernatorial run-off election on November 16.

While the state was quick to stop the spread of the virus, they had to shut down vital state services at dozens of agencies, including the Office of the Governor, the Louisiana State Legislature, the Office of Motor Vehicles, the Department of Corrections, the Department of Children and Family Services, the Department of Health and others, such as the Louisiana Secretary of State's office on the heels of the major runoff elections just two days earlier. Hundreds of computers were affected in the state overall, including those offering elections results to the public at the Secretary of State's website. Had the attack come just days earlier, it might have been devastating for the state's elections, which shamefully require all voters at the polls to vote on 100% unverifiable touchscreen computer voting systems. Had those been knocked out --- or the electronic pollbook systems required to use them --- chaos might have ensued in the closely watched statewide election.

Nonetheless, dozens of other states and counties around the country (many of them battlegrounds and/or highly-populated) are currently moving --- right now! -- to similar computer touchscreen voting systems that rely on working computer networks in advance of the critical 2020 elections. Those systems will be wildly vulnerable next year, where unhackable hand-marked paper ballot systems would not be. Are we insane?

Finally Desi Doyen joins us for the latest Green News Report, with even more chilling news. Though, in this case, it's about the warming of the globe and the GOP Senate confirming yet another lobbyist to a top Trump cabinet seat. Happily, there is a bit of good news in today's GNR as well, regarding California's ban on new fracking, and teen climate activist Greta Thunberg's safe arrival back in Europe for this year's U.N. climate conference in Spain...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 12/5/2019 11:36am PT  


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IN TODAY'S RADIO REPORT: Congratulations! You've just lived through the hottest ten years on record; GOP Senate confirms former lobbyist as Energy Secretary; California bans all new fracking, for now; PLUS: Teen climate activist Greta Thunberg has a warning for politicians... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Natural gas rush drives global rise in fossil fuel emissions; Florida Keys deliver a hard message: as seas rise, some places can't be saved; Nestlé cannot claim bottled water is 'essential public service', court rules; Scientists use novel experiment to restore ecosystems around coral reefs; Pipeline giant sues Texas Railroad Commission for lax oversight of gas flaring; Environmental groups protest Europe burning U.S. wood as 'climate-friendly' fuel... PLUS: Need an idea for a climate-friendly gift? We have 79.... and much, MUCH more! ...

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Special coverage of the first official House Judiciary hearing on Trump's impeachable offenses, with guest Heather Digby Parton...
By Brad Friedman on 12/4/2019 5:27pm PT  

As we try to tell you damned near everyday here on The BradCast, everything is ultimately about elections. All of it. Today's impeachment hearings, I'm happy to say, drove that point home yet again, particularly regarding concerns from our nation's founders about the corrupting nature of foreign influence on U.S. elections. [Audio link to show follows below.]

The House Judiciary Committee held its first official impeachment hearing on Wednesday, regarding the Ukraine scandal and, yes, obstruction of justice in the Robert Mueller Special Counsel's probe. Four academics testified on both the history and meaning intended by the founders of the phrase "high crimes and misdemeanors" in the U.S. Constitution's impeachment clause, and on what at least three of the four scholars smartly described as clearly impeachable offenses committed by President Donald J. Trump.

"President Trump has committed impeachable high crimes and misdemeanors by corruptly abusing the office of the presidency," said Noah Feldman of Harvard Law School. We share some extended excerpts from his opening statement as well as his fellow esteemed Constitutional law professors Pamela Karlan of Stanford Law School and Michael Gerhardt of the University of North Carolina School of Law. All three testified that the record is now clear that Trump committed impeachable offenses in his strong-arm bribery campaign to force Ukraine to announce an investigation against his potential 2020 rival Joe Biden in exchange for nearly $400 million in military assistance allocated by Congress but frozen by the White House in what Trump's own EU Ambassador described in a previous hearing as a "quid pro quo" scheme.

Today's hearing was surprising enlightening with the unusually lively and passionate academics answering sharp questions from both Democratic and Republican counsel and members of the Committee, as chaired by Rep. Jerrold Nadler (D-NY). Not all of those who testified, however, agreed that Trump should be impeached --- at least not yet. George Washington University School of Law professor Jonathan Turley --- the Republicans' witness, who testified in support of impeachment against Bill Clinton in 1998 because "he ha[d] deprived himself of the perceived legitimacy to govern" --- argued the record was still too "wafer thin" to move forward with Articles of Impeachment against Trump.

We discuss that point and many others, including the Democrats' reasons --- some good, some not --- for moving quickly on impeachment before voting begins in the 2020 primaries less than two months from today, with our ace Impeachment Hearing Correspondent HEATHER DIGBY PARTON of Salon and Hullabaloo. Democrats appeared to be homing in on at least three, and maybe four, Articles of Impeachment, as both Digby and I read today's hearing, including Abuse of Power, Bribery, Obstruction of Congress (in the Ukraine affair), and Obstruction of Justice (in the Mueller investigation). But there was far more from today's eight hours of hearings and our coverage of it than I can possibly summarize here, so I'll just strongly suggest you tune in.

Also covered on today's program (as both stories also concern the importance of elections to the very heart of our republic): Georgia's illegitimate Republican Governor Brian Kemp names a new, wholly inexperienced "Ivanka Trump"-like U.S. Senator for the Peach State, and NATO world leaders are caught on video tape laughing (and laughing) at, not with, the President of the United States. Happy travels back from the NATO Summit, Mr. Trump!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Constitutional law, impeachment expert John Bonifaz; Also: Kamala is out; Another no good, very bad day in court for Team Trump...
By Brad Friedman on 12/3/2019 6:09pm PT  

On today's BradCast: It was another very bad day in the federal courts for Donald Trump, though another very good one for the Rule of Law (for those who still care about such things), even as a new phase in the President's ongoing impeachment inquiry begins in the U.S. House. [Audio link to full show is posted at the end of this article.]

First up, some quick news of the day. California Senator and one time "top tier" 2020 Democratic Presidential candidate is dropping out of the race exactly two months before voting begins in Iowa in next year's nominating contest and just two weeks before the next Presidential debate set for her home state on December 19. We discuss the ramifications for the race and for the woman who might have been the first black female President (but who could very well still become the first such Vice President).

There was more bad news today for Trump and his family and his businesses in federal court on Tuesday, as a three-judge panel on the 2nd Circuit Court of Appeals in New York agreed with the lower court ruling that both Deutsche Bank and Capital One must turn over Trump-related financial documents to two House committees which had subpoenaed them. Trump and his family sued the banks to block the disclosure of what could be a treasure trove of damning documentation detailing years of Trump's dubious financial history and the sources of his funding after several bankruptcies and denials for loans from banks other than the German-based Deutsche. Despite his many business failures, that bank, for some reason, reportedly loaned Trump and his businesses well over $2 billion. Now that he's lost in court again, he has been given seven days to decide if he wishes to appeal to the Republicans' stolen majority on the Supreme Court before the banks will be required to turn over the records to Congress.

Tuesday's serious legal blow follows another one for Trump on Monday, when U.S. District Court Judge Ketanji Brown Jackson refused to place a Stay on her ruling from last week ordering Don McGahn to appear before the U.S. House Judiciary Committee regarding the former White House Counsel's testimony on Trump's many instances of obstruction of Special Counsel Robert Mueller's Russia investigation. The judge ruled the Trump Dept. of Justice's claim that the Presidency would suffer "irreparable harm," if McGahn was allowed to testify was baseless. She did, however, determine that the House Judiciary Committee's ongoing investigation would be "unquestionably harm[ed]" without it, "and by extension" the lack of testimony by the former White House legal chief "would also injure the public’s interest in thorough and well-informed impeachment proceedings."

Speaking of which, the impeachment action moves from the House Intelligence Committee to the House Judiciary Committee on Wednesday, with Judiciary's first public hearing on the Ukraine matter. They will work from a searing 300-page report released by the Intelligence panel on Tuesday, documenting serious abuses of power and obstruction of Congress by Trump that have been revealed during the past several weeks of public and private testimony regarding the President's campaign to withhold military assistance from Ukraine until they agreed to help him in the 2020 Presidential election. The Judiciary Committee's central aim, after the House Intelligence panel found Trump "placed his own personal and political interests above the national interests of the United States," will now be to determine if Articles of Impeachment are merited against the President.

Our guest today, who has written several books on impeachment and testified to Congress about "high crimes and misdemeanor" is Constitutional law expert JOHN BONIFAZ, Co-Founder and President of Free Speech for People. Bonifaz testified to House Judiciary Democrats during the George W. Bush era, explaining how the founders definition of "high crimes" was easily met by Dubya via his unlawful war in Iraq. He also favored impeachment of Bill Clinton back in the 90s, but tells us today that "nothing rises to the level of the kind of abuses of power we've seen under this President".

Bonifaz offers a preview of what four Constitutional law experts are likely to offer during their testimony at Wednesday's first hearing before the House Judiciary panel and explains how the Constitution's term "high crimes and misdemeanors" was meant to refer to abuses of office that were not necessarily defined as statutory crimes (since there were very few such crimes on the books when the Constitution was first adopted!) "This is not about demonstrating in a court of law that the President has committed x or y violations of the federal statutory code, a federal crime or state crime," he tells me. "This is about abuse of office, abuse of power, abuse of the public trust."

Bonifaz, whose latest book on impeachment with Ron Fein and Ben Clements is called The Constitution Demands It: The Case for the Impeachment of Donald Trump, argues that there is a long list [PDF] of abuses that merit the removal of this President. "We've laid out a number of Impeachment Articles that should be presented in Congress that go beyond the Ukraine scandal. They include racist abuses of power, the abuses of power at the southern border separating children and their families, violating their Constitutional rights. The abuse of the pardon power, in pardoning of former Maricopa County Sheriff Joe Arpaio. The list goes on," he says. "And this president need to be held accountable for the full range of his high crimes."

He also explains why he is critical of House Speaker Nancy Pelosi and other Democrats for not moving more quickly when they took control of the House in January, noting that had they initiated the various court battles over testimony and documents at that point, "we would be in a much different position today."

"We are where we are in part because of the unwillingness of the Democratic leadership in the House to do its duty the moment it assumed control of the House of Representatives. They ran on a platform in 2018 to be a check on this Presidency, and it took another nine months into their holding of the House control to start that process of being a check on this Presidency. And that's why we're in this predicament."

I also ask Bonifaz for his thoughts on the White House's legal claims of "absolutely immunity" (it "has no basis in the law," he tells me); whether Chief Justice John Roberts will find a way to block high profile witnesses, like Mulvaney and Bolton, when they are called by Democrats during an impeachment trial in the U.S. Senate (Roberts may "apply the argument that 'these matters are still pending in the federal courts,' so he's not going to override that"); whether he concurs with Robert Reich's argument today that impeaching Trump (whether he's removed or not) makes him legally and Constitutionally "unpardonable"; and how it is up to we, the people, to "stay alert, awake and engaged in fighting for our democracy and our Constitution because we cannot rely on those in power to save us and to save our democracy. We have to fight to protect it, and fight to protect our republic."

Finally, beyond the fight to protect our republic, there is the fight to save our civilization itself. On that matter, we are joined by Desi Doyen with our latest Green News Report, as several disturbing new studies on "catastrophic" tipping points for the climate are published as the nations of the world convene in Madrid this week for the latest U.N. Climate Summit...

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By Desi Doyen on 12/3/2019 11:24am PT  


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Setting politics aside, why the evidence-free Trump/GOP claims about Ukraine and the 2016 election actually make no sense whatsoever...
By Ernest A. Canning on 11/29/2019 10:05am PT  

Sometimes, when faced with an insidious canard, it isn't enough to either expose the true source of a conspiracy theory or the absence of any facts to support it. In order to thoroughly demolish it, one can identify a reductio ad absurdum --- "a form of argument in which a proposition is disproven by following its implications to absurd conclusions".

It is indeed important that, throughout the recent public impeachment hearings, House Intelligence Committee Chairman Adam Schiff (D-CA) referred to allegations that CrowdStrike and the Ukrainians hacked the Democratic National Committee (DNC) server in 2016 as a "debunked" conspiracy theory and that none of the State Department and National Security Counsel (NSC) officials who testified during the impeachment hearings could identify any evidence that would support that "debunked" theory. It is also important that, in her opening statement, Dr. Fiona Hill, Trump's own former NSC Senior Director of Russian and European Affairs, proclaimed that Russian intelligence agencies were the source of that "fictional" canard.

While there is ample evidence to support the conclusions offered by Dr. Hill and Chairman Schiff, one can deliver the coup de grâce to the baseless but insidious theory that Ukraine and CrowdStrike hacked the DNC by asking "why" they would do that?...

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Debunking the 'impeachment is a disaster for Democrats!' lie with actual, independently verifiable facts for your use over the holiday...
By Brad Friedman on 11/27/2019 5:15pm PT  

On today's BradCast: A few holiday morsels that we hope may come in handy over your Thanksgiving weekend with friends and family. [Audio link to show follows below.]

Donald Trump, along with his cowardly Republican apparatchik and dishonest rightwing media machine, have all been busy pretending over the past several days that the first two weeks of public impeachment hearings in the U.S. House Intelligence Committee were somehow "a disaster for Democrats." Even mainstream corporate media have been helpful in spreading that fake news.

Polling, however (among other things), suggests the opposite --- unless 50% majority support for impeachment and removal of the President of the United State from office, according to CNN [PDF], and steadily increasing support for impeachment over each week of public hearings, according to Reuters/Ipsos, is somehow "a disaster for Democrats".

By way of comparison, at the height of Bill Clinton's impeachment in 1998, support for the GOP effort among Americans was never higher than 29%. And yet, 50% want Trump out already, after just two weeks of public testimony. (It took nearly a year of impeachment inquiry before the worst evidence against Richard Nixon even became apparent, by the way.)

At the same time, even since the first round of hearings concluded last week, there has been a constant drip, drip, drip of increasingly damning information against the President, shoring up an already overwhelming amount of evidence that Trump directed a quid pro quo bribery scheme against Ukraine by withholding a White House meeting and hundreds of millions in military aid in exchange for the announcement of a Ukraine investigation into his 2020 political rival Joe Biden and a debunked, nonsensical theory that Ukraine, not Russia, interfered in the 2016 election on behalf of Hillary Clinton, not Trump.

In just the few hours since our previous BradCast, newly released testimony from a top official in the White House Office of Management and Budget reveals that two OMB officials quietly resigned over the summer due, at least in part, to their concerns about the legality of Trump's order to withhold Congressionally-allocated military aid to Ukraine for personal political purposes.

Also, the New York Times has reported that Trump had been briefed about the complaint from the whistleblower that kicked off this impeachment inquiry before he finally unfroze military aid for Ukraine in September. Moreover, that report helps to explain Trump's strange insistence to his EU Ambassador that "there is no quid pro quo!" long before the phrase had even made it into the public discussion of the matter.

So, as things get worse for the President, somehow it's "a disaster for DEMOCRATS"?

As many Americans today are heading home for the holidays and may have to discuss all of this with their Trump-lovin' relatives over the holiday table, we thought it'd be helpful to supply a bit of (non-lethal) ammunition. While various blockbuster revelations from witnesses received most of the attention over the first two weeks of lengthy public hearings in the House, the closing summations each day and at the end of the series of hearings by Intelligence Chair Rep. Adam Schiff received far less attention. That's a pity, as the Congressman --- a former prosecutor who served as Asst. U.S. Attorney in the Los Angeles U.S. Attorney's office before being elected to Congress --- gives one helluva closing summation.

Today, we share two of those closing arguments, as they nicely wrap up both what this impeachment is about, how damning the evidence already is against the President, and what the stakes are for the country.

Our mission, as journalists, is to help educate and inform the electorate. That's not easy these days in a post-truth world full of fake news, a lying President, and still far too much corporate media hackery. We hope today's program might help you to help ALL of us find our way out of this otherwise very dark hour in American history. We ALL must play a part in that, right now, if our republic is to survive this unprecedented attack.

Oh, and Happy Thanksgiving. Somehow...

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Guest: Election and criminal justice expert Daniel Nichanian; Also: House schedules new impeachment hearing as Trump appeals federal ruling finding 'Presidents are not kings'...
By Brad Friedman on 11/26/2019 6:44pm PT  

At the BRAD BLOG and on today's BradCast, we'll even fight for Donald Trump's right to vote --- even from prison, should he find himself there at any time in the near-ish future. [Audio link to show follows below.]

But, first up today, a bit of impeachment-related news, even as Congress is on recess for the Thanksgiving holiday. The House Judiciary Committee (as opposed to the House Intelligence Committee) has announced a new impeachment hearing for next Wednesday. Judiciary Chair Jerrold Nadler sent a letter to the President on Tuesday, inviting him and his counsel to attend and potentially question witnesses in the hearing titled Titled "The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment." Along with his invitation, Nadler also offered a warning about the White House's continued refusal to make witnesses and documents available to the Constitutional proceedings in the U.S. House.

In related news, Trump's Dept. of Justice on Tuesday filed for a stay to a blistering federal court ruling ordering that former White House Counsel Don McGahn appear for scheduled testimony in response to a lawful Congressional subpoena regarding the House's examination of the Robert Mueller investigation. McGahn played a key role in the probe, helping to detail Trump's multiple attempts to obstruct the Special Counsel's investigation of Russian interference in the 2016 election and Team Trump's cooperation with the effort.

The DoJ is now seeking a pause pending an appeal to U.S. District Judge Ketanji Jackson Brown's scathing 121-page ruling [PDF] issued on Monday, in which she eviscerated the DoJ argument that Presidents and their current and former White House officials enjoy "absolute immunity" from Constitutionally-mandated Congressional oversight. "Stated simply," the Judge wrote, "the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings."

Trump, however, appears to feel otherwise. In addition to appealing the order, Trump tweeted today that "The D.C. Wolves and Fake News Media are reading far too much into people being forced by Courts to testify before Congress," adding that while he "would love" to have top Executive Branch officials like Sec. of State Mike Pompeo, acting Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton testify in impeachment hearings in the Ukraine bribery affair, he is only "fighting for future Presidents and the Office of the President. Other than that, I would actually like people to testify."

But whether Trump wins his "absolute immunity" defense while President, it is unlikely to help him once he is out of office. To that end, yes, we'd hate to see him lose his right to vote if he ever should find himself imprisoned for any of his countless crimes. In the meantime, however, there are millions in prison who have already lost that right --- a right, not a privilege, even if many treat it that way --- while behind bars. There has been some noteworthy successful (and even bi-partisan in some cases) efforts of late in a number of states to help enfranchise former felons or those out of jail on probation or parole though state constitutional amendments, legislation or executive actions. But when it comes to the right to vote for those still in prison, the debate has been slower and more contentious. Currently, only Maine and Vermont allow prisoners to vote, a policy which Vermont's U.S. Senator Bernie Sanders strongly defended during a CNN Presidential Candidate Town Hall earlier this year.

At the same time, as our guest today, DANIEL NICHANIAN, Editor of The Appeal Political Report (better known as @Taniel on Twitter) points out, lawmakers in eight states and D.C. have filed legislation this year to allow people behind bars to exercise the right to vote. Rep. Ayanna Pressley (D-MA) has done the same at the federal level.

After a Republican New York state Assemblyman recently described a state Senate bill there that would enfranchise convicts as "insulting [to] members of law enforcement and the criminal justice system who worked diligently to get these dangerous predators off the street," Nichanian reached out to prosecutors, correctional facility officers and elected officials in Maine and Vermont to see if they agreed. You'll be surprised to learn that not one of them did, with almost all either finding it to be no problem or, more frequently, lauding the connection to "the real world" that voting allows imprisoned citizens as they pay their debt to society.

Nichanian, a Senior Fellow at the Justice Collaborative and expert on criminal justice reform and mass incarceration, shares insight from the officials he spoke with, and explains why reform on this issue (which disproportionately affects minorities) --- and a number of related topics --- is long overdue.

"We are not treating the right to vote as an inalienable, fundamental right of U.S. democracy, as a right that every citizen should have, and have protected," he tells me, explaining why "ending felony disenfranchisement would also mean that law enforcement professionals are no longer the arbiters of who gets to exercise democratic rights."

Nichanian notes that "the way in which we talk about people who are incarcerated, it would seem like we forget that these people have families, they have kids who go to school, and the school board elections matter to them. They have families who also need to care about their elected officials."

"There's all sorts of arguments of whether people are worthy of voting or not, whether people have shown enough civic capacity to vote or not," he argues. "And I find all of that universe of questions to be questionable, because we are claiming for ourselves the power and authority to decide whether our fellow citizens should have the same rights as us. I find that to be a problematic question. And I think that's just the bottom line: whether we want the right to vote to be a protected right for all U.S. citizens."

He says that "we are definitely seeing the criminal justice reform conversation encompass these issues of rights restoration, as a tool of re-entry, as a tool of thinking about how people remain human, as a way of thinking about economic justice and racial justice throughout the process." But whether that, theoretically bipartisan effort will ultimately become a fight for re-enfranchising felons remains to be seen.

We also discuss how the imprisoned population is used in the fight over apportionment, with the incarcerated counted in the census and for redistricting purposes, even while that huge chunk of the population is disallowed from exercising any real political power through the vote. "The time to address it is literally now, because the next round of redistricting and map-drawing is coming up. If this is going to be reformed, it has to be in the next couple of years, or else we'll have ten more years of problems on this."

Finally, Desi Doyen joins us today for our latest Green News Report as "climate emergency" is named "Word of the Year" by the Oxford Dictionary and, unfortunately, for very good reason...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Federal Judge says McGahn must testify; GA SoS attempts to intimidate election experts; High profile resignation at Verified Voting; Callers ring in after blockbuster impeachment week...
By Brad Friedman on 11/25/2019 6:10pm PT  

Hmmm....That's interesting. With all of those pro-Trump callers we had last week after Week 1 of impeachment hearings, there were none willing to call in to today's BradCast to defend the President after the bombshells of Week 2. I wonder why. [Audio link to show follows below.]

Before we get to those calls today, a few other news headlines of note that we've been trying to get to for several days (and hope to cover more in coming days), but for our impeachment coverage over the past week. Among those stories...

  • Georgia's new Republican Sec. of State Brad Raffensperger is attempting to intimidate election integrity and computer science experts by announcing official state investigations of their activities. The recently announced probes are of prominent experts, several of whom have appeared on The BradCast as guests multiple times. They have been critical of Raffensperger for installing new, hackable, unreliably and 100% unverifiable touchcreen Ballot Marking Device (BMD) voting systems across the state before 2020, despite the new systems' disastrous performance failures in the counties which pilot tested them in the recent 2019 off-year elections;
  • The inventor of the Risk-Limiting Audit (RLA) protocol, used by some jurisdictions to (supposedly) assure that computer tabulators correctly tallied voter intent when reporting election results, has resigned from the previously well-respected voting system watchdog group Verified Voting. Prof. Philip Stark of UC Berkeley has been critical of the group on which he served on their Board of Directors, for helping to validate what he describes as "meaningless" [PDF] post-election audits in jurisdictions --- such as Georgia and Philadelphia --- where unverifiable BMD systems are used to mark paper ballot summaries. He argues that only hand-marked paper ballots can be known to reflect voter intent, and that RLA's of computerized ballots is likely to offer a false sense of security in results produced on such systems. Stark sent a dramatic resignation letter over the weekend, blasting VV for "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes (and debasing the meaning of "RLA" in the process)";
  • In related-ish news, but far more hopeful news, the New Jersey Assembly voted to restore voting rights to some 83,000 people on parole & probation. The measure would overturn a law adopted in 1844, but must still be approved in the state Senate and sighned by the Governor;
  • And, in breaking news just as today's show began, a federal court judge has ruled that Donald Trump's former White House Counsel Don McGahn must respond to a lawful U.S. House subpoena for documents and testimony related to Special Counsel Robert Mueller's probe, during which McGahn testified that Trump attempted to obstruct justice at least 10 different times. While the ruling is likely to be appealed by Trump's Dept. of Justice, the order to testify would also likely apply to a host of top Trump officials who have refused to answer Congressional subpoenas in the Trump/Ukraine affair for which he is currently facing an impeachment inquiry, after the Administration has claimed "absolute immunity" from Congressional oversight.

Speaking of which, we summarize last week's explosive impeachment hearings today, and cover a number of new, related stories which broke over the weekend before opening the phones to callers. Last week, when we did same after Week 1 of public testimony in the U.S. House Intelligence Committee, we heard from a number of callers who remained strongly opposed to Trump's impeachment and removal. Today, however, when we opened the phones to listeners to take their temperature after the several blockbuster revelations of Week 2, those callers were nowhere to be found...Go figure!

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Get your impeachment news the American way! From Seth Meyers, Stephen Colbert, Jimmy Kimmel, Sam Bee and Trevor Noah!...
By Brad Friedman on 11/22/2019 6:00pm PT  

On today's BradCast, After a dizzying two weeks of damning testimony against Donald J. Trump in his ongoing impeachment inquiry in the U.S. House Intelligence Committee, we thought we'd check in on how the hours and hours (and hours) of public hearings might be playing in "real America", as they are reported back to the electorate on late night comedy shows --- where many Americans get all of their news.

Thus, we're happy to present today's BradCast 'Late-Nite' Comedy Impeachment Hearings Week-In-Review Special!, featuring testimony from key witnesses to Trump's Ukraine bribery scheme over the past two weeks, in clips (and songs!) from Seth Meyers, Stephen Colbert, Jimmy Kimmel, Samantha Bee and Trevor Noah!

There's just one thing that ya need to know: Trump said "Do us a favor, though!"

Enjoy!...

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Special coverage of both with David Bender and Jackie Schechner...
By Brad Friedman on 11/21/2019 5:35pm PT  

On today's BradCast, we impossibly offer special coverage of both Wednesday night's Democratic 2020 Presidential Debate in Atlanta and Wednesday night and Thursday morning's blockbuster public impeachment hearings in the U.S. House. [Audio link to show is posted below.]

First up today: Wednesday's second session in the House Intelligence Committee featuring Laura Cooper, Deputy Asst. Secretary of Defense for Russia and David Hale, Under Secretary of State for Political Affairs, in which Cooper revealed that Ukrainian officials were aware of the Trump Administration's freeze on nearly $400 million in military assistance at least a month earlier than previously known. The claim undercuts GOP claims that the pressure campaign on Ukraine couldn't have been a quid pro quo because Ukraine didn't know their military assistance had been withheld. Both officials says they had no idea why the White House had frozen the funds. Their testimony also backs up the bombshell testimony earlier in the day from Gordon Sondland, Donald Trump's EU Ambassador, who charged that the scheme amounted to a clear quid pro quo by the President, as Sondland was assigned to take the lead in Trump's pressure campaign to force the Ukrainian President into announcing investigations of the 2016 election and Joe Biden in exchange for a White House meeting and millions of dollars in military aid approved by a bipartisan Congress.

And, on Thursday, David Holmes, political adviser at the U.S. embassy in Ukraine and Dr. Fiona Hill, who served as Trump's top Russia and Ukraine expert on the National Security Council under John Bolton, offered riveting testimony in the last of the Committee's scheduled impeachment hearings, for now. Holmes detailed the unsecured cell-phone conversation he overheard between Trump and Sondland at a cafe in Kiev, in which the President was eager to hear about the investigations into his political rivals on the day after his infamous July 25 phone call with Ukrainian President Volodymyr Zelensky. Holmes said Sondland told him Trump didn't care about Ukraine, other than as it pertained to the President's personal reelection interests. Hill, a longtime non-partisan foreign service officer, shared gripping details on the Russia/Ukraine conflict, describing the Trump/Rudy Giuliani/GOP claim that Ukraine interfered with the 2016 election as a "fictional narrative" propagated by Russia. She detailed Bolton's description of Rudy Giuliani as "a hand grenade who’s going to blow everybody up," adding, "I think that’s where we are today." Hill also went on to explain Trump's pursuit of what she described as a "domestic political errand" that came at the expense of official American foreign policy.

Then, we move on to Wednesday evening's 2020 Presidential Debate featuring ten candidates --- Biden, Booker, Buttigieg, Warren, Sanders, Harris, Harris, Klobuchar, Steyer, and Yang --- in the 5th such forum of the year, this one sponsored and moderated by hosts from MSNBC and Washington Post. We're joined for insight and analysis on BOTH of our special coverage topics today by longtime political activist, reporter, author, broadcaster and documentarian DAVID BENDER, Political Director of Progressive Voices Network and journalist, producer and communications expert JACKI SCHECHNER, formerly of CNN and CurrentTV.

Among the many debate-related matters we discuss today: How Wednesday's forum, lead by four female journalists, differed from previous debates this year; whether Democrats are focusing too much or not enough on the dangers posed to the nation and the world by Donald Trump; whether the Democratic Party is adequately reaching out to the anti-war left (some of whom abandoned them for Trump in 2016); Joe Biden's frailty and Tulsi Gabbard's politics; and what if any effect Michael Bloomberg may have on the race if and when he finally enters --- as he continues to threaten...

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