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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
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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-host Angie Coiro w/ UCSF's Dr. Monica McLemore, NARAL's Amy Everitt...
By Angie Coiro on 5/10/2019 5:56pm PT  

I'm Angie Coiro, host of In Deep with Angie Coiro, in for Brad and Desi on today's BradCast.

One story after another is piling out of the House today: subpoenas, threats of fines for unanswered subpoenas, and more. Chelsea Manning is out of jail for now. The Pentagon is shifting important funds to building a border wall. Chobani steps in to save a school lunch program. And the interview by the BBC's conservative Andrew Neil with the right-wing Ben Shapiro is a lesson in how journalism should be done --- and why being coddled by friendly interlocutors in the past did Ben no favors.

Then a deep dive into a topic that will never die: abortion. This week's "heartbeat" law and shenanigans in Alabama are just the latest in the non-stop assault on women's health care and autonomy. UC-San Francisco's DR. MONICA McLEMORE and NARAL's AMY EVERITT tackle the topic from both the medical and legal angles. You can hear the whole one-hour conversation on the In Deep website.

Download MP3 or listen online below...

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Guest: Salon's Heather Digby Parton on 'the greatest liar and conman of all time'; Also: Don Jr. subpoenaed by GOP-Senate Intel Committee...
By Brad Friedman on 5/8/2019 6:56pm PT  

On today's BradCast, it seems to be the day when we are now officially tumbling over the Constitutional Crisis cliff.

The day began with Donald Trump's Dept. of Justice issuing a letter to the House Judiciary Committee informing them that the President was formally asserting Executive Privilege to block the release to Congress of the unredacted report by Special Counsel Robert Mueller as well as all of its underlying evidence, such as witness testimony, grand jury information, etc.

That, as the Committee held its scheduled session to consider a vote on a resolution [PDF] finding Trump's Attorney General turned personal fixer William Barr in contempt. The vote recommending the full House consider citing Barr came after weeks of Chairman Jerrold Nadler's repeated attempts, to no avail, to find good faith accommodation with the DoJ to release the subpoenaed Special Counsel materials. Nadler's thanks came today when the DoJ notified the Committee that, due to Trump invoking Executive Privilege, they would not be allowed to see any additional material from the Special Counsel investigation of Donald Trump's obstruction of justice and his 2016 campaign's involvement with alleged election interference by Russia. In an amusing sidebar, the White House statement today on this charged: "Faced with Chairman Nadler's blatant abuse of power...the President has no other option than to make a protective assertion of executive privilege."

And, as all of that was going on, House Speaker Nancy Pelosi, at a Washington Post event, declared cryptically that Trump's "obstruction, obstruction, obstruction" means that he is "becoming self-impeachable," whatever that might mean.

We're joined to try and make sense of all of this today --- including last night's blockbuster New York Times exposé finding Trump's tax records from 1985 through 1994 reveal that the self-proclaimed "greatest businessman of all time" personally lost more than $1 billion over that decade --- by our friend and award-winning journalist HEATHER DIGBY PARTON of Salon and Hulaballoo.

Among the many questions raised and (some of them) answered today with the great "Digby"...

  • Did the Times' report have anything to do with Trump's blanket use of Executive Privilege today to block a report that he had previously waived the privilege on? ("The bigger picture here," argues Parton, "is that it exposes Trump as the greatest liar and conman of all time.")
  • Is Trump's legally dubious (to say the least) strategy of attempting to block any and all Congressional access to documents and witnesses really meant only to run out the clock until election season begins in earnest?
  • Is there a group of non-elected Republicans who might finally step in to end this madness?
  • Will the Democrats' attempt to refer a contempt citation for Barr be any more successful than the Republicans' attempt to cite Obama Attorney General Eric Holder in 2012 when, as we discuss, they made the exact same arguments against Holder that Dems are making against Barr today?
  • Are the Dems moving too cautiously in their attempts to hold Trump and his Administration accountable?
  • Are we any closer to an actual impeachment inquiry of the President, given (as 1998's Lindsey Graham helpfully reminds us today), the very same obstruction of Congress by a President for which Articles of Impeachment were issued against both Richard Nixon and by Graham and the Republicans against Bill Clinton?
  • What the hell does Pelosi's "self-impeachable" remark actually mean?
  • And should we all be concerned about what Trump might do next when things get even worse for him and his Presidency --- as his Administration continues to beat drums of war against Venezuela, Iran and other nations?

And, as if all of that isn't enough to squeeze into one very fast moving hour, as we got off the air today we received the breaking news that the GOP-controlled Senate Intelligence Committee has now subpoenaed Donald Trump, Jr., regarding his previous Congressional testimony on the Trump Tower Moscow project...as the walls appear to be tumbling down...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

NOTE: I'm on the road tomorrow, so we'll be airing a BradCast Recounted for ya. Angie Coiro is in for us on Friday. And I'll be back, whether you or I like it or not, on Monday!

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Pompeo plunders Arctic for U.S.; Trump pardons war criminal murderer; White House blocks subpoenaed McGahn docs; Too much more...
By Brad Friedman on 5/7/2019 6:52pm PT  

Before we get to our Constitutional Crisis update on today's BradCast, we offer an update on our Climate Crisis, which the rogue Trump Administration has been busy exacerbating in the Arctic this week, to the horror of other Arctic nations. And, yes, our continuing national Gun Crisis returned to the headlines (did it ever leave?) with breaking news of another school shooting today in suburban Denver. [Audio link to show is posted below.]

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

  • Trump Sec. of State Mike Pompeo stunned fellow Arctic Council members in Finland on Monday, with a speech in which he appeared absolutely giddy about economic opportunities emerging from the quickly thawing Arctic. Without once mentioning the phrase "climate change" in his 2,400 word speech, Pompeo cited "opportunity and abundance" for those able to exploit previously frozen and untapped oil and mineral reserves in the otherwise pristine Arctic, not to mention "fisheries galore" and thawed "passageways" for travel and commerce that could turn the Arctic into a "21st century Panama Canal". The remarks, reportedly, came as a shock to other representatives of the Council's nations, there to discuss protection of the melting Arctic from political and economic threat.

    But on Tuesday, things got worse as the U.S. refused, for the first time, to sign a group agreement on challenges facing the Arctic due, according to Reuters, to discrepancies in the agreement over climate change wording, jeopardizing cooperation among participating countries as the Arctic continues to warm at nearly twice the pace as the rest of the planet;

  • Back in D.C., Donald Trump stunned the legal and military community with the Monday night pardon of a former U.S. Army lieutenant sentenced by a 2009 court marshal to 25 years in prison for the murder of an Iraqi civilian in 2008. Michael Behenna was granted Executive Clemency by Trump for the gruesome killing in which Behenna was found, according to military prosecutors, to have taken "the victim out into the desert in Iraq, stripped him naked, interrogated him while he had his Glock piston pointed at him, shot him in the head, shot him in the chest, killing him at that time," all outside of a combat zone and in defiance of both orders and the military code of justice. So, Trump has moved from sending political messages with the pardons of those who obstruct federal court orders, like the disgraced former Arizona Sheriff Joe Arpaio, to granting Executive Clemency to murderous war criminals. Got the message?;
  • Before we move on to today's Constitutional Crisis update, an interesting background development, as Attorney General William Barr's Justice Department announced over the weekend that it had arrested and charged a Virginia man who served as an FBI linguist on counts of "obstructing a federal investigation and making multiple false statements to FBI officials". Of course, Barr has been famously arguing of late --- in regard to President Trump --- that, since Special Counsel Robert Mueller did not find enough evidence of criminal cooperation between the Trump Campaign and Russia during his investigation into 2016 election interference, Trump could not possibly be guilty of obstructing that investigation. With no underlying crime, Barr's legally unsupportable theory goes, there can be no obstruction of the investigation into those crimes. In the case of the FBI's cunning linguist, however, obstruction charges were filed with no underlying crime, according to a former federal and state prosecutor;
  • In related news, there are now some 500 former federal prosecutors (actually, over 700 now, since checking after the show), both Republican and Democratic, who have signed onto an open letter declaring that, based on the evidence revealed by the redacted Mueller Report, Trump would have been charged with multiple counts of felony obstruction, had he been a private citizen;
  • Then, the latest news in the multiple Constitutional showdowns between the Administration and Congress, including Treasury Secretary Steven Mnuchin's refusal to answer the Ways and Means Committee's statutory demands for the IRS Commissioner to turn over several years of Trump's tax returns and Barr's refusal to respond to a lawful Congressional subpoena from the House Judiciary Committee to turn over Mueller's unredacted report and its underlying evidence. With a vote on contempt by the AG still scheduled for Wednesday in the Committee, it seems a good time to look back at the case made by House Republicans in 2012 for a contempt vote against President Obama's then-Attorney General Eric Holder, including speeches from a number of GOP lawmakers incensed at the time for the DoJ's failure to turn over subpoenaed documents, which they then described as unlawful disdain for both the rule of law and the Constitution. But that was then;
  • And, with both Mnuchin and Barr facing potential contempt citations, it was former White House Counsel Don McGahn's turn in the barrel today, as the White House stepped in to block his production of subpoenaed documents that he had long ago shared with the Special Counsel --- thus waiving the White House's opportunity at the time to invoke Executive Privilege to block the release of the documents now along with McGahn's testimony, according to largely every legal expert who doesn't work at the White House. (Though even some of those lawyers, according to WaPo, see the Administration's belated attempt to invoke the privilege now as legally dubious.) As that legal wrangle plays out, McGahn's next difficult decision will come on May 21, when he has been subpoenaed by the Judiciary Committee to appear for testimony as a witness to numerous incidents of criminal obstruction by the President as detailed in the Special Counsel's redacted report;
  • Finally, Desi Doyen joins us for the latest Green News Report focused on the alarming landmark study released by the U.N. this week finding that human develop, consumption and exploitation is now threatening the extinction of some 1 million plant and animal species, a report that was released before Pompeo even arrived in the Arctic this week to dance on --- and plunder --- its melting grave...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Ernie Canning defends inmate voting; Also: Trump lies (again) about tariffs, economy, China; House Judiciary to vote on Barr contempt; Mnuchin refuses (again) to turn over Trump taxes; 400 former prosecutors say Mueller revealed criminal felonies by the President...
By Brad Friedman on 5/6/2019 7:00pm PT  

Our lead story on today's BradCast makes everything else seem quite small by comparison. (And, no, that story is not the new royal baby. You're welcome.) Unfortunately, those other stories aren't small at all. In fact, they are almost all unprecedented as the nation continues its dark plummet into an historic Constitutional crisis under this Presidency. [Audio link for today's show is posted at end of summary.]

We cover quite a bit of ground on today's show, by necessity, if not choice. Among the stories covered...

  • A landmark, 1000+ page report compiled by some 450 researcher working with a U.N. agency, based on the data from 15,000 scientific and governmental reports warns that 1 million of the planet's 8 million plant and animal species are now threatened with extinction --- many within decades --- thanks to human activity. The report finds that, more than at any other time in human history, nature itself is threatened due to human development and consumption that leaves land species finding "insufficient habitat for long-term survival" and oceans species in similar peril. While the report's authors stress there is still time to act to reverse this alarming trend, we break down some of their critical findings at the top of the show, since they are likely being overshadowed today with so much other insane news emanating from our nation's capitol and reverberating around the globe;
  • Beyond that disturbing new study, world markets opened on an alarming note on Monday --- including an initial 450-point plunge on the Dow --- following Trump's weekend tweets threatening to impose a 25% tariff on all goods imported from China by week's end. In ">his tweet, he included at least two lies, including that "China has been paying Tariffs to the USA" and "These payments are partially responsible for our great economic results." In fact, Americans pay those taxes, not China. And, as even honest conservatives who we cite on today's show point out, Trump's continuing trade war has harmed, not helped the economy, and the trade deficit with China has only gotten worse, not better, for the US in the bargain;
  • Posing an additional threat to the world economy is the Trump Administration's chest-thumping against Iran, including threats of sanctions against any nation (including allies) who purchase Iranian oil and the deployment over the weekend of an aircraft carrier battle group and a bunch of bombers toward the Persian Gulf;
  • Setting aside the Trump-caused foreign-policy and market crises, there's the Constitutional crises that he's continuing to exacerbate today here at home, where some 400 former federal prosecutors --- both Republican and Democratic, some who served as long ago as Dwight D. Eisenhower --- issued an open letter today proclaiming that, were it not for the Dept. of Justice's Office of Legal Counsel policy against indicting a sitting President, Trump would have been charged on multiple felony counts of obstruction of justice, based on the information detailed in the redacted version of Special Counsel Robert Mueller's report;
  • In related news, the House Judiciary Committee announced plans on Monday for a vote on Contempt against Trump Attorney General and "fixer" William Barr after the nation's top law enforcement officer's repeated failure to hand over to Congress the full Mueller Report and its underlying evidence, as per a Congressional subpoena;
  • Similarly, Trump's Treasury Secretary Steven Mnuchin announced that the Treasury Department will also rebuff a Congressional request from the Ways and Means Committee to produce six years of Donald Trump's tax returns, as per long-standing federal statute. Both incidents --- both unprecedented --- will almost certainly now be forced into federal court for adjudication;
  • Meanwhile, in New York, Michael Cohen, the former personal lawyer and fixer for Trump who predates Trump co-opting of the nation's Attorney General for that purpose, offered a public statement to media before heading off to federal prison for three years on Monday. Cohen will be serving time for, among other things, lying to Congress and carrying out hush-money payments to two women with whom Trump had affairs, a criminal conspiracy "directed" by Trump, according to prosecutors, in violation of federal campaign finance laws. In his statement, Cohen said: "I hope when I rejoin my family and friends that the country will be in a place without xenophobia, injustice and lies at the helm of our country." In other words, he hopes that voters will remove Trump from office next year, highlighting the fact that as a federal inmate in New York he will not be allowed to vote in that election. But if the man who federal officials say "directed" the conspiracy --- who would also have been charged on multiple obstruction counts had he not been the President (thanks, in no small part, arguably, to those unlawful hush-money payments made just before the 2016 election) --- gets to not only vote, but run for re-election next year, shouldn't Cohen have a vote as well?;

That brings us to our guest today, attorney and longtime BRAD BLOG contributor ERNEST A. CANNING, who penned an insightful op-ed today arguing that the notion of "inmate vote is not a radical idea". On Friday, Republican state lawmakers in Florida enacted a measure that would undermine Sunshine State voters who approved a Constitutional measure in November, with a nearly 65% majority, that would restore voting rights to most former felons in the closely divided swing-state, one of just three in the nation --- along with Iowa and Kentucky --- to ban former felons from voting for life, even after serving their time.

But the idea of inmates voting, while still in prison, has been a matter of discussion and growing debate following the ACLU's recently-launched "RIghts for All" campaign, in which they seek to get 2020 candidates on record regarding, among other things, the right to vote by those still in prison. Currently, 48 states, other than Vermont and Maine, ban the practice. But, as Canning explains, "21 other democracies, including Canada, Sweden and Israel, allow all prisoners to vote." So, why should inmates lose their right to vote in the nation that incarcerates more of its own citizens than any other?

Canning, a Vietnam vet who also worked as a Senior adviser to VetsForBernie.org, explains the injustice and hypocrisy of barring inmates from voting, citing its lack of deterrent effect and noting that luminaries such as Dr. Martin Luther King, Jr. penned his famous "Letter from a Birmingham Jail" and that Nelson Mandela, who spent 27 years in prison, would go on to become the formerly-apartheid South Africa's first black President and recipient of the Nobel Peace Prize.

In his article and on today's program, Canning also offers a compelling response to critics, like the President and many in his party (and in the Democratic Party, as well) who, as Trump's spokesperson recently charged, find the notion of inmate voting "deeply offensive", because it would allow the likes of the Boston Marathon Bomber and the perpetrator of the Charleston Church Massacre (both of whom have been sentenced to death), to cast a vote before being killed.

It's a long-overdue --- and interesting --- conversation that Americans of all political stripes, but certainly progressives, should have in "the land of the free", where First Amendment rights are still allowed for prisoners. So why isn't the right to vote?...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Ted Kalo, 14-year veteran House Judiciary attorney, details what comes next; Also: Good news for voters in OH, bad news for voters in FL...
By Brad Friedman on 5/3/2019 6:48pm PT  

Our guest today, the former U.S. House Judiciary Committee's longtime General Counsel warns on today's BradCast, that we are already in the midst of a Constitutional Crisis and that what is happening now is far worse than anything he ever encountered during his many years in that post, even during the then-unprecedented corruption of the George W. Bush Administration. [Audio link to full show is posted below.]

But first up today, some good news and bad for voters before 2020 out of two key battleground states. In Ohio, the good news is that a three-judge panel of federal judges on Friday unanimously found the Buckeye State's Congressional maps to be an "unconstitutional partisan gerrymander" and has ordered, via its 301-page ruling [PDF], for new maps to be drawn for use before the 2020 elections. The panel of two Dems and one Republican-appointee determined that the state's GOP-led legislature packed the majority of the state's Democratic voters into just four districts after the 2010 Census to guarantee Ohio's Congressional legislation would retain a 12 to 4 GOP advantage. Republicans have successfully held 75% of that delegation over the past decade despite receiving just more than half of the state's Congressional votes.

State Republicans vow to appeal, as the nation awaits next month's opinion from the U.S. Supreme Court on similar partisan gerrymandering cases in North Carolina and Maryland. A three-judge federal panel last week in Michigan similarly ordered new maps there before 2020 after finding GOPers in that state used a similar tactic to disenfranchise voters. Unconstitutional GOP partisan gerrymanders were also determined by federal courts to have been in place in Wisconsin and Pennsylvania for the past decade.

The bad news for voters today comes from Florida today, where the state's GOP-dominated legislature has adopted a bill to undermine Amendment 4, the landmark ballot measure voters adopted by nearly 65 percent last November to restore voting rights to some 1.5 million former felons in the state who had completed their sentences as well as all parole and probation. Passed along party lines, state lawmakers changed the definition of sentencing to include the payment of all court-imposed fines and fees. The result: Those former felons who have money will be able vote, those who do not, won't. Once signed by the state's Republican Governor, as expected, lawsuits will almost certainly be filed by voting rights advocates to challenge the new law that appears to rewrite Amendment 4 which had ended Florida's shameful lifetime ban on voting by former felons, including more than 20 percent of the state's African-American population.

Next, we are looking for answers today about what is happening and what may come next as the Trump Administration and its new Attorney General and "fixer" William Barr harden their obstruction of all Constitutional oversight by Congressional Democrats. We are joined today by attorney TED KALO, a 14-year veteran of the U.S. House Judiciary Committee, where he served as General Counsel for his last 10 years there before leaving for private practice in 2011. Our conversation comes on the heels of Barr's astonishing testimony before the Republican-controlled Senate Judiciary Committee on Wednesday and his refusal to appear before the Democratic-majority House Judiciary on Thursday. That, after the Dept. of Justice's failure to respond to a Wednesday subpoena deadline from the House panel to turn over a full, unredacted version of Special Counsel Robert Mueller's report and its underlying evidence, and after revelations that Barr appears to have lied to Congress in previous testimony concerning Mueller's view of Barr's public representation of the report's conclusions during the month before Barr finally released a redacted version.

Kalo tells me what is likely to happen next if Barr misses a final Monday deadline, offered in a good faith, last attempt letter sent by House Judiciary Chair Jerrold Nadler on Friday in hopes of avoiding contempt proceedings against the nation's top law enforcement official.

The reason why Barr supposedly skipped Thursday's House hearing was because the Committee had determined to allow staff counsel from both parties to question the Attorney General along with members, which Kalo says is "not unusual at all". He cites, for example, a similar practice carried out by Republicans "during one of the many investigations of Hillary Clinton's emails," and notes that it is "not uncommon historically" for Congressional committees to use staff attorneys for questioning witnesses.

Kalo details the two possible legal paths should Barr, as expected, continue to refuse to cooperate with the Committee and is found in contempt, including a civil litigation path in federal court, which could take months or years to resolve (though Kalo says there are grounds for courts to hear these matters on an expedited basis) or Congress finding Barr in "inherent contempt". In the latter case, he explains, the House Sergeant-at-Arms could be dispatched to arrest and detain the Attorney General. (Kalo also offers a definitive answer about the jail long said to be available at the Capital Building for such matters.)

"While it's frustrating as hell to watch this play out --- it's so obvious what's going on in plain sight --- as a matter of the goal of getting the information, Congress has to proceed cautiously because of its limited options for enforcing subpoenas," Kalo tells me. Therefore, he explains, Nadler is "bending over backwards to show that he tried his hardest to reach an accommodation with the Executive Branch, with an eye towards future litigation" where the court will see the Administration as "recalcitrant and unreasonable" and find in favor of the Dems.

Among the many other questions answered and/or explained by Kalo, he offers insight into my concerns about whether many of the long-established court precedents that appear to make Trump's legal arguments to block a number of subpoenas look ridiculous could actually be overturned by Trump appointees to the federal bench or even the GOP's stolen majority on the Supreme Court. "I think you're right," he says. "We have a federal judiciary that's been packed by people who start with the political result they want and then work the legal reasoning backwards. I think it's a valid fear that the courts won't follow longstanding precedent," before adding optimistically, that he believes the courts will follow precedent in many of these matters.

I also get his thoughts on Barr's remarkable testimony before the Senate on Thursday, arguing that a President has a legal and Constitutional right to shut down or obstruct a federal investigation looking into his own potential crimes if the President believes, on his own, that he has been unfairly accused. Yes, Barr actually made that argument under oath this week. Kalo calls the theory "ridiculous" and says, "I know of no legal authority for what the Attorney General was saying, and it defies reason." He goes on to explain why.

Finally, he concludes with a chilling note. "It can't be understated that we're in a Constitutional crisis. We're trying to respond to things that we never expected to occur from a President of the United States," Kalo argues, adding that, as dark as those years were when he served as General Counsel for the House Judiciary Committee during the George W. Bush years, what is happening now is worse --- "by far."

I wholeheartedly recommend you tune in for today's complete conversation, as there was much more than I am able to adequately summarize here...

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Dems call for Trump A.G.'s resignation, impeachment, may cite with contempt; Also: Hillary, Trump FBI chief warn of 2020 election theft...
By Brad Friedman on 5/2/2019 5:59pm PT  

On today's BradCast: Following a shameful performance in the Senate Judiciary Committee on Wednesday, Trump's Attorney General (and personal fixer) William Barr failed to even show up for his testimony in the House Judiciary Committee on Thursday, as calls for his resignation increase and as both Trump's FBI Director Christopher Wray and Hillary Clinton issue similarly warnings about the possibility of a stolen election in 2020. [Audio link to show is posted below.]

While some so-called "moderate" Democrats are only now having second thoughts about having voted for the confirmation of Trump's new A.G. following revelations this week of a letter from Special Counsel Robert Mueller to Barr complaining that he had misrepresented the Special Counsel's two-year report to the American people, other Democrats, including many running for the 2020 Presidential nomination are calling for Barr to step down. When even Chris Wallace of Fox "News" calls out a Republican --- and the "opinion people who appear on this network, who may be pushing a political agenda" --- you know that Republican must have done something very bad.

At a press conference today, House Speaker Nancy Pelosi described Barr's sworn Congressional testimony in early April as a crime, citing his statements that he had no idea how Mueller and his team felt about the 4-page letter Barr had released, inappropriately clearing Donald Trump of obstruction of justice, despite the probe detailing at least 10 instances when the President appears to have done just that. "What is deadly serious is that the attorney general of the United States of America was not telling the truth to the Congress of the United States. That’s a crime," Pelosi asserted, adding: "If anybody else did that, it would be considered a crime. Nobody is above the law, not President of the United States and not the Attorney General."

At the same time, Barr failed to show up for a hearing in the House Judiciary Committee today, after previously agreeing to testify. He changed his mind after facing tough questions at yesterday Senate Hearing, while citing the House panel's decision to allow staff counsel to ask questions as the reason for bowing out. The Committee's Chair Rep. Jerrold Nadler, during his opening remarks before Barr's empty witness chair, slammed the A.G. for a "lack of candor" and of having "misrepresented the findings of the Special Counsel." Nadler accused him of "failing to check the President's worst instinct", for having "failed to protect the Special Counsel's investigation from unfair political attacks", for having "failed the men and women of the Department of Justice", adding that "he has even failed to show up today." Democratic members of the panel mocked Barr's absence by munching on KFC and placing a toy plastic chicken in front of his witness name tag. While he didn't yet move to hold the nation's top cop in contempt of Congress, he suggested that may happen soon.

As we wait for Democrats to take real action to hold either Barr or Trump accountable, on MSNBC's Rachel Maddow Show Wednesday night, the 2016 Democratic Presidential nominee Hillary Clinton warned that "unless we know how to protect our election from what happened before and what could happen again," even the very best Democratic candidate could lose in 2020, due to the ongoing threat of foreign interference.

The former Democratic Senator and Secretary of State's comments echoed those recently offered by Trump's own FBI chief Christopher Wray. Last week, during comments at the Council of Foreign Relations, Wray claimed "enormous strides have been made since 2016 by all the different federal agencies, state and local election officials" and others," but said he is viewing whatever happened in 2018 as a "dress rehearsal" for "the big show in 2020".

We explain what both Clinton and Wray got right and wrong in their warnings and how, despite Clinton's stated concern that she might "scare" people with her language, voters should, in fact, be very worried about 2020, as jurisdictions around the nation are being allowed to implement new systems in advance of the next Presidential election that are even more difficult for the public to oversee (and thus, prevent manipulation) than many of the voting and tabulation systems they are replacing.

Finally, Desi Doyen joins us for the latest Green News Report with details on new climate action plans from Presidential hopefuls Beto O'Rourke and Cory Booker, some good news from voters regarding climate concerns, bad climate change news for Jakarta and Washington D.C., and some good news for residents of New York State...

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Guest: NC writer, activist Tom Sullivan on today's hearing, yesterday's shooting at UNC Charlotte, upcoming U.S. House elections in NC-3 and NC-9, and on pushing back against the 'campaign-industrial complex'...
By Brad Friedman on 5/1/2019 6:36pm PT  

Despite our best efforts, on today's BradCast, we are unable to avoid the vortex of testimony by Donald Trump's newly-appointed and already-dishonest Attorney General William Barr in the U.S. Senate Judiciary Committee today. [Audio link to full show is posted below.]

What made the testimony of the President's cover-up man impossible to ignore (as much as we had previously hoped to) was the overnight release of a letter from Special Counsel Robert Mueller [PDF] sent to Barr just days after the A.G. released his misleading four-page letter to Congress in late March, mischaracterizing the findings of the Special Counsel's two-year probe into alleged Russian interference in the 2016 Presidential election, Team Trump's coordination with the effort, and the President's repeated attempts to obstruct the investigations into those matters.

In his letter, Mueller charged the A.G.'s summary --- sent to Congress nearly a full month before Barr finally released a redacted version of the Special Counsel's report [PDF] to the public --- "did not fully capture the context, nature, and substance of this Office's work and conclusions." That, Mueller wrote, led to "public confusion about critical aspects of the results of our investigation" and "threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations." In his summary letter, Barr took it upon himself to clear Trump of obstruction charges even though Mueller's report specifically said it was unable to exonerate the President, finding at least 10 different instances in which Trump had attempted to stymie the investigation. Barr also mischaracterized the report's findings on "collusion" with Russia.

The revelation of Mueller's extraordinary complaints (which Barr described as "snitty" today) came after previous sworn testimony by the new A.G. in early April, in both the House and Senate, in which he misled members of both chambers regarding Mueller's concerns about Barr's inaccurate conclusions about the Special Counsel's findings. We share some experts from today's hearing in which Sen. Mazie Hirono (D-HI) charges Barr with lying to Congress and calls for his resignation, Sen. Dick Durbin (D-IL) calls out Republican colleagues for ignoring the matter in favor of calls to investigate Hillary Clinton's email server again, and Sen. Kamala Harris (D-CA) calls out of the A.G. for making his decisions about the case without, as he admitted, reviewing the evidence.

We're then joined today by North Carolina writer and activist TOM SULLIVAN, a daily correspondent for Digby's Hullabaloo and longtime progressive organizer in the Tar Heel state. Even though it's not why we had originally hoped to speak with Sullivan today, we get his thoughts on what to make of Barr's "stunning performance," as he describes it, and how Congressional Democrats should now respond, with impeachment seeming more and more inevitable each day despite continuing reticence from Democratic Congressional leadership.

As Sullivan is based in North Carolina, we also discuss the latest news from yesterday's mass shooting at UNC Charlotte, where a gunman killed two and injuried four others on the semester's final day of classes.

As well, U.S. House special election primaries were held in the state's 3rd Congressional District on Tuesday to fill the seat of the late GOP Rep. Walter Jones who died in February, and there is also a do-over election for the 9th Congressional District in a few months to fill the seat left vacant after the State Board of Elections refused to certify last November's contest upon discovery of a GOP Absentee Ballot Fraud scheme that tainted the race.

We briefly discuss both of those contests and Sullivan's "For The Win" nuts-and-bolts training guide for countywide Get Out The Vote operations in NC. He describes the manual as having been successfully used to organize Democrats in counties all over the country. (Request a copy for use in your own home town via email at tom.bluecentury at gmail).

And, finally, one of the points we'd originally hoped to discuss with Sullivan (but will have to dive in deeper on another day, given all the breaking news that shuffled things for us today), we get his thoughts on the still roiling internecine battles between progressive activists and the conservative Democratic Congressional Campaign Committee (DCCC) --- which has led to a new boycott campaign by a nationwide coalition of College Democrats. He offers his thoughts on "the campaign-industrial complex that exists in Washington, as well as in the state capitals," and what progressives may wish to do about it...

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New study finds rich guys lie the most; WaPo finds Trump lies constantly; CNN finds Mueller found Trump and associates lied like crazy; Legal experts find Team Trump learned nothing from 'Russia-gate'; Trump and Barr find out if they can obstruct Congress; And many other findings...
By Brad Friedman on 4/30/2019 6:47pm PT  

Why tell the truth and follow the rule of law when BS'ing and obstructing truth and justice (and Congress) now appear to be a far more successful way to get ahead in life...and in the Presidency of the United States? As Donald Trump recently reached a new milestone of having told more than 10,000 lies while in office, according to Washington Post's fact-checker database, these are among the related stories covered on today's BradCast. [Audio link is posted below]...

  • A fascinating new study finds that wealthy men are more likely than women and those of lesser means to simply make stuff up. That's right, lying appears to work for many, and is carried out far more frequently in North America than in other English speaking countries around the world. Or, as WaPo's headline summarizes the academic survey: "Rich guys are most likely to have no idea what they're talking about, study suggests". (Though, as you'll also learn, both Desi and Canada should be ashamed of themselves);
  • That may also help us understand today who our President is and why he and his supporters do what they do, as a new CNN analysis catalogs 77 different "lies and falsehoods" by Trump and his associates, documented in Robert Mueller's redacted Special Counsel report. The lies were told by Trump, his "campaign staff, administration officials and family, Republican backers and his associates" who all "made false assertions to the public, Congress, or authorities," according to the analysis. While a handful of those lies were prosecuted as crimes (for example, some of those told to the FBI by Trump's former National Security Adviser Michael Flynn and to Congress by his former personal lawyer Michael Cohen), most went unprosecuted for varying reasons, including the fact that lying to the public and the press is not a crime, even when the White House does it, repeatedly, apparently. Among the many lies cataloged, a plurality of which were told by the President himself, many concerned his dealings with Russia and those of campaign staff and administration officials;
  • Speaking of which, in March, Trump's 2020 Campaign Manager Brad Parscale flew to Romania to deliver a paid speech to Romanian politicians and policy experts, raising questions among U.S. legal experts about conflicts of interest and whether Team Trump has learned anything after their extensive dealings with Russia during the 2016 campaign. They paid little price for that, however, so why worry about a Trump/Romania Special Counsel investigation now?;
  • Mid-show today we covered some breaking news regarding today's U.S. support for a military coup being called for by Valenzuela's opposition leader and self-declared "President" Juan Guaido, and claims by U.S. Sec. of State Mike Pompeo that the nation's actual President Nicolas Maduro was preparing to leave the country in response. At the last minute, however, according to Pompeo, Maduro was talked out of it by Russia. But, of course, our Sec. of State is a huge and very successful liar as well, so there's no particular reason to believe any of his assertions regarding the attempted U.S. overthrow of Venezuela today;
  • In other breaking news, a federal judge today determined that a lawsuit filed by some 200 Congressional Democrats against Donald Trump charging he is in violation of the Constitutional Emoluments clause may move ahead, allowing plaintiffs to gain access to information about Trump's private business dealings;
  • And, in related news, Trump's private attorneys on Monday night filed a lawsuit on behalf of him, his company and his children's behalf against Deutsche Bank and Capital One in hopes of forcing them to not respond to lawful subpoenas for Trump financial documents as issued by a number of Congressional committees. Normally we'd say "good luck with that", but for Trump's stolen Supreme Court majority who have proven themselves capable of doing anything on his behalf at this point;
  • The obstruction also continued today by Trump's Attorney General William Barr, who, the Justice Department has said, still plans to appear before the Republican-majority Senate Judiciary Committee on Wednesday to give testimony regarding the Mueller Report, but that he is objecting to a planned appearance before the Democratically-run House Judiciary Committee on Thursday, where members may allow counsel from both the majority and minority to question Barr during the scheduled testimony. House Judiciary Chair Jerrold Nadler asserts it's not up to Barr to determine who gets to question him or how the hearing is to be carried out, suggesting he may ultimately need to subpoena the A.G. to force his testimony. But if Barr defies that subpoena, as other Administration officials have been ordered by Trump in recent days, then what? Who would enforce a Contempt of Congress citation against the nation's top law enforcement official? And how would it even be done? Well, there is a House Sergeant-at-Arms and, reportedly, a jail in the basement of the Capitol Building. We discuss;
  • Finally, Desi Doyen joins us for our latest Green News Report, on the back-to-back devastating cyclones in Mozambique, a delay to the Interior Department's plan to expand off-shore drilling, air pollution getting worse under Donald Trump, and voter support for a Green New Deal in Spain's recent elections...

Yes. All of that. In under one hour. Somehow. You're welcome...

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Obama's Veep goes straight after Trump in campaign kickoff; Hillary's recommendations after Mueller; Kellyanne's husband wins Twitter, owns Trump; MI GOP district maps ruled unconstitutional gerrymanders; Nielsen was rebuffed in attempts to protect 2020 election from Russia...
By Brad Friedman on 4/25/2019 6:11pm PT  

We've got a lot of news and notes of concern --- both good and bad --- about the 2020 elections on today's BradCast. [Audio link posted below.]

Among the many stories covered today...

  • Former Vice-President Joe Biden finally announces that he's getting into the crowded 2020 race for the Democratic Presidential nomination. His "stirring" announcement video takes on Donald Trump directly, in a way that other candidates have largely avoided to date. Whether that will be a winning strategy, of course, remains to be seen for the man many consider to be a front-runner at this early point in the contest;
  • Hillary Clinton pens a worthy op-ed in the Washington Post, with her personal recommendations on how to best take on the question of whether Trump should be impeached in the wake of damning findings of criminality by the President in Robert Mueller's Special Counsel report, as well as how best to work to protect the 2020 election from interference --- at least from foreign sources;
  • George Conway, the conservative attorney husband of White House senior adviser/Trump apologist Kellyanne Conway, once again wins Twitter by citing Clinton's oped to slam both the President and, by extension, his own dissembling wife. He also cites another article detailing yet another new international embarrassment courtesy of Trump, to help his new, apt moniker for the President, #DerangedDonald, trend on Twitter;
  • Big news out of Michigan breaking today as a three-judge federal court panel finds district maps created by GOP state legislators in 2011 to be unconstitutional partisan gerrymanders. The court has now ordered the state to redraw as many as 34 state legislative and Congressional districts and even hold a number of special state Senate elections under the new maps in 2020, rather than in 2022 as previously scheduled. Though a decade or so late, it's still very good news for Michigan voters, though Republicans plan to appeal in hopes of stalling until the U.S. Supreme Court comes down with their verdict on two other cases of similar partisan gerrymanders in North Carolina and Maryland this June;
  • The New York Times publishes a very disturbing --- if not surprising in the least --- exposé revealing that recently-fired DHS Secretary Kirstjen Nielsen was rebuffed, time and again, by Donald Trump and other senior White House officials, in her efforts to convene cabinet level meetings on a strategy to protect the 2020 election from cyber-manipulation by Russia and other foreign sources. The exceedingly insecure Trump, according to the report, sees any such efforts to harden defenses against the threat of cyber-intrusions by Russia as a way of casting doubt on the legitimacy of his 2016 victory...for some reason;
  • Finally, Desi Doyen joins us for the latest Green News Report, as the second monster cyclone in a month bears down on Mozambique (the one just weeks ago killed a thousand people and has resulted in an extraordinary humanitarian crisis --- this new one could be even worse), along with other troubling climate change news from around the globe as well as some encouraging news here at home as Los Angeles Mayor Eric Garcetti announces plans for the city's very own Green New Deal...

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Guest: Slate's Mark Joseph Stern; Also: Trump panics over impeachment, sets course for Constitutional crisis by blocking lawful subpoenas...
By Brad Friedman on 4/24/2019 6:39pm PT  

On today's BradCast, Donald Trump's Administration is now barreling the nation towards one or more unprecedented Constitutional crises as he panics about the possibility of impeachment. But the fruits of the GOP's labor in violating Constitutional norms to steal a majority on the U.S. Supreme Court may now finally be set to pay off for them for at least the next decade. [Audio link to show is posted at end of article.]

First up today, however, some quick election results following a few contests around the country on Tuesday. In a Special Election for a vacated state Senate seat in Tennessee, Republican Bill Powers reportedly defeated Democrat Juanita Charles. The result wasn't a surprise in a state where the GOP now enjoys a supermajority in both chambers of the General Assembly. But Powers is said to have won by just under 10 points. That's a 13-point swing towards the Democrats in a very Republican district from what would normally be expected.

In Tampa, Florida former police Chief Jane Castor was elected by a 73% landslide to become the city's first openly gay Mayor, the first to lead a major city in the U.S. Southeast. The victory comes less than one month after the openly gay Lori Lightfoot was elected Mayor in Chicago. Castor was outspent 2 to 1 by her opponent, David Straz, a 76-year old banker who wasted $5 million of his own money on the race and also outspent the other seven candidates combined in last month's primary.

Back in D.C., the U.S. House General Counsel filed a motion in federal court seeking to block Trump's re-appropriation of some $6 billion from the Defense Department to build his wall on the Southern border. The House --- which voted, along with the Senate, to block Trump's "national emergency" declaration and his re-allocated spending, only to be vetoed by the President --- argues that Trump's actions are unconstitutional as contracts are being awarded and money spent to build and repair border barriers with funding that "Congress did not appropriate for that purpose."

But federal judges who actually believe in following the Constitution may be in shorter supply these days, as Trump and the GOP have packed the courts with "conservatives" of convenience --- jurists who claim to believe in one set of principles but follow a radically different path when it suits their political whims. Trump is counting on such activist judges as he announces his Administration is now blocking all White House and other executive agency officials from responding to lawful document demands and subpoenas issued by Congress. In just the past 24 hours, the Administration has directed several current and former officials to not respond to lawful Congressional subpoenas for testimony and has denied statutory requests for financial documents of Trump and a number of his companies. Trump also, on another Twitter tear today, vowed to seek help from his stolen SCOTUS in the event that he is impeached.

Our guest today, MARK JOSEPH STERN, legal reporter for Slate, offers insight on all of the above, before we focus on the even more disturbing news regarding Tuesday's oral arguments at the Supreme Court regarding the Commerce Department's attempt to add a question on citizenship to the 2020 Census.

Stern, who was present at the Court for argument on Tuesday, suggests the outlook is not encouraging. He tells me he counted five rightwing Justices who appear eager to overturn three lower court rulings which found Commerce Secretary Wilbur Ross lied about his reasons for unlawfully directing the Census Bureau to add the question despite objections from career Census professionals who advise that the question would result in a massive under-count of Hispanic and immigrant populations.

The decennial count of all "persons" in the U.S., (as the Constitution requires), may be off by as many 6.5 million people if the question is added, largely in areas that tend to vote Democratic, according to the experts. The result would be felt for the next decade --- particularly in Democratic-leaning cities and states --- as the Census is used to allocate hundreds of billions of dollars in federal spending, as well as how Congressional and state legislative districts are mapped and residents represented, and even how electoral votes are to be allocated.

"This was just a real bloodbath for the plaintiffs here," Stern tells me about Tuesday's oral argument. "This case should have been so simple. Wilbur Ross, the Secretary of Commerce lied about his reason for including a citizenship question on the Census. He lied, and he got found out. He is the one who asked the Justice Department to create some pretext for the citizenship question. And beyond that, Ross busted through a bunch of statutory roadblocks that are supposed to prevent the inclusion of gratuitous questions on the Census."

"The lower court in this case said, 'I count Wilbur Ross violating the law in at least six separate ways.' The Supreme Court only has to find one of those ways to be compelling to stop the citizenship question and say no," Stern laments. "But I don't think a majority of the court is willing to step in and stand up for the law. And I fear the reason is because they know exactly why the Trump Administration wants the citizenship question on the Census."

Stern details what he describes as hypocrisy displayed by the Court's five Republican Justices during argument, as they cited everything from the Voting Rights Act (which they voted to gut) to international law (which they have dismissed as having no basis in U.S. law) to deference to federal agencies (which they have famously undermined in recent years when it comes to environmental regulations and other disputes where courts had traditionally deferred to executive agency expertise) in posing questions that indicate they plan to approve the new question meant to rig the Census. "It was a very bad day for truth at the Supreme Court," Stern reports.

"Hypocrisy doesn't even begin to capture what this is," he argues. "I can only hope that Kavanaugh and Gorsuch begin to apply international law in death penalty cases, as well. But something tells me this is a ticket good for one ride only."

Finally, Desi Doyen joins us for the latest Green News Report (after we ran out of time for it yesterday) with another troubling mix of both good news and bad for the nation and the planet...

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Dems may wish to look to Republicans for help in finding the courage to invoke the Constitutional option to oust a scofflaw President...
By Brad Friedman on 4/23/2019 6:20pm PT  

Accountability and respect for the rule of law and Constitution are at the center of just about every story we cover on today's BradCast --- (and on most days...but especially today) --- particularly with an absolutely lawless Administration and criminal President becoming seemingly more lawless and criminal by the day. [Audio link to show is posted below summary.]

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

  • The House Oversight Committee moved on Tuesday to vote on contempt charges against Carl Kline, former White House Personnel Security Director, who refused to show up to testify at the Committee on Tuesday despite being issued a lawful subpoena by Congress ordering him to do so. His attorney said he didn't show on the advice of the White House who directed him not to. Kline, on apparent orders from the President, had approved "top secret" security clearances for dozens of White House officials, including Trump's son-in-law Jared Kushner, after career security officials rejected those applications for numerous reasons, according to 18-year White House personnel office veteran Tricia Newbold, who revealed the cases during whistleblower testimony to the House panel last month;
  • Maryland's two-term Republican Governor Larry Hogan said in New Hampshire this morning that he is considering a primary run against Trump, after describing the revelations of the redacted Mueller Report as "very disturbing" and criticizing his own party for being "afraid" of challenging the President. If he jumps in, Hogan would be the second GOP Governor to try and win the nomination over Trump in 2020, along with Massachusetts' William Weld who has already declared;
  • In news of still other Republicans willing to courageously stand up to a scofflaw President from their own party, J.W. Verret, a former Trump transition team official and professor of law at George Mason University, unleashed an op-ed today making the case for impeachment in the wake of Trump's "criminal conduct," citing "roughly a dozen separate instance of obstruction of justice" revealed by the Mueller Report as his "tipping point";
  • But while a handful of Republicans may be willing to take on the President, Democrats in Congress, for their part, are still timidly moving ahead with extraordinary caution. On a conference call with and a letter to the Democratic House caucus on Monday, Speaker Nancy Pelosi reportedly vowed that the House would continue Congressional investigations to "uncover the truth" about Trump's "highly unethical and unscrupulous behavior in his alleged attempts to obstruct justice," while attempting to keep a lid on the growing calls for impeachment from her caucus. She did not rule out impeachment, but said "we aren't going to go faster, we are going to go as fast as the facts take us";
  • On Monday night, however, in what many have somewhat mischaracterized as Presidential hopeful Sen. Kamala Harris "calling for impeachment," the California Democrat, during a CNN town hall, did call for Congress to "take steps toward impeachment." We contrast Harris' exceedingly cautious approach to the clarion calls for equal justice under the law and impeachment proceedings as a Constitutional duty issued by Massachusetts Sen. Elizabeth Warren in recent days. She has been calling for same, in no uncertain terms, on the Presidential campaign trail since the release of Mueller's redacted report late last week, and said on Monday night on CNN, in response to charges that impeachment would distract from the 2020 campaign: "There is no political inconvenience exception to the United States Constitution."

    A number of other Democratic hopefuls have been far more cautious and/or circumspect than either of those two, including Vermont Sen. Bernie Sanders who says he worries a focus on impeachment could backfire on Dems and South Bend, Indiana Mayor Pete Buttigieg who concedes Trump "deserves impeachment", but that it's up to Congress, not him, to take action in that regard;

  • With the noteworthy exception of Warren, many Dems (and media geniuses) have cited the fact that Republicans in the Senate are unlikely to vote to convict the President, as a reason to shy away from impeachment proceedings entirely. (A simple majority is needed to approve articles of impeachment in the Democratic-controlled House, but a two-thirds vote is needed for conviction and removal of the President in the GOP-majority Senate). Playing slave to that conventional wisdom, however, largely allows Republicans a veto on which Presidents may or may not be impeached.

    Moreover, the convention wisdom should be challenged here, particularly given the statements that many of the currently seated Republican Senators have offered, on the record, in support of impeachment and removal from office for a President who has attempted to obstruct justice by witness tampering and lying to the American public. Trump was documented as having done so as many as ten different times, as per Mueller's Report.

    Of course, the Senators who we quote directly today on the need to remove a President for those very same crimes were speaking against President Bill Clinton during his impeachment proceedings back in 1998. But their arguments against Clinton apply directly to Trump. So, will those very same Senators --- there are 11 who voted in '98 and would be required to vote here --- hypocritically vote against conviction this time around, under arguably far more criminal circumstances, when confronted with their own words on the topic? Maybe, maybe not. We won't know, of course, unless Dems do the right and Constitutional thing by voting in favor of the rule of law and moving to impeach this lawless President. Even the clear demonstration of blatant GOP hypocrisy would be helpful to expose to the American people before the 2020 election, and perhaps serve to make specious impeachments against Democrats in the future more unlikely;

  • Finally, Rep. Elijah Cummings, Chair of the House Oversight Committee, said after the release of the redacted Mueller Report that he is "begging the American People to pay attention" and contact their members of Congress about this in order to save democracy for future generations. "At the rate we're going," he warns, "it won't be there." We are urging the same. You can reach your member of Congress at 202-224-3121...

Enjoy the program...

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Finds Russians implanted malware, but didn't check if results affected
Also: News avalanche; AOC 'looks back' from future; Callers ring in on impeachment...
By Brad Friedman on 4/22/2019 6:45pm PT  

On today's BradCast, new details from Special Counsel Robert Mueller's report supporting the argument we've been trying to make for the last two years: Nobody ever checked the results of the 2016 election to make sure they were correct! [Audio link to show is posted below.]

But, first, we open with an avalanche of important news headlines breaking today and over the weekend, including the deadly Easter bombings in Sri Lanka; A TV comedian becoming the next President of Ukraine by a landslide; Trump's latest vow to impose sanctions on allies who purchase oil from Iran; Woefully unqualified Federal Reserve Board candidate and alleged sexual harasser Herman Cain withdrawing his name from Trump's consideration; The GOP's stolen Supreme Court announcing plans to take up cases to determine whether LGBTQ people may be covered by anti-discrimination civil rights employment laws this Fall; and Massachusetts Congressman Seth Moulton jumping into the crowded Democratic Presidential nomination contest.

Then we move to our all too brief commemoration of Earth Day's 49th Anniversary on Monday, wherein our own Desi Doyen details how and why the annual celebration first came about beginning in 1970. Of course, as we like to say on our Green News Report, every day is Earth Day for us! Nonetheless, sticking with that theme today --- for those who only notice it once a year --- we share "A Message from the Future from Alexandria Ocasio-Cortez" in which the freshman NY Democratic Congresswoman, from a couple of decades in the future, looks "back" on the world-changing successes of her Green New Deal program, as recently introduced with veteran Sen. Ed Markey (D-MA). The charming animated video, with illustrations by Molly Crabtree, is a thought experiment of sorts worth watching and/or listening to, as it helps explain how the GND would work to curb many of the worst effects of climate change, while providing millions of jobs and healthcare for all, as climate scientists have repeatedly warned the world must do within the next decade or face unstoppable consequences that threaten the entirety of human civilization.

Then, we move on to the revelation from the redacted Mueller Report [PDF] which has caused my Twitter feed to go somewhat bonkers since I cited it over the weekend. As the Special Counsel's report reveals (Vol. 1, pages 51-52, in the section entitled "Intrusions Targeting the Administration of U.S. Elections"), Russian intelligence operatives at the GRU targeted and infiltrated "individuals and entities involved in the administration of the [2016] elections. U.S. state and local entities, such as state boards of elections, secretaries of state, and county governments, as well as individuals who worked for those entities. The GRU also targeted private technology firms responsible for manufacturing and administering election-related software and hardware, such as voter registration software and electronic polling stations."

In other words, voter registration databases AND voting systems, such as voting machines and tabulators. Mueller's report goes on to concede that though the GRU was successful in implanting malware on a number of the targeted computers, "the [Special Counsel's] Office did not investigate further [and] did not, for instance, obtain or examine servers or other relevant items belonging to these victims." Instead, as Mueller writes, "The Office understands that the FBI, the U.S. Department of Homeland Security, and the states have separately investigated that activity".

Only problem with that? As we have reported repeatedly over the past two years, Jeanette Manfra, the top DHS official in charge of overseeing cyber-intrusions of critical infrastructure such as voting and tabulation systems, conceded during a June 2017 Senate Intelligence Committee hearing to Sen. Ron Wyden (D-OR) that her department had not, in fact, conducted any forensic analyses of computer voting and tabulation systems or servers following the 2016 Presidential election. We play a clip from her Senate testimony to that end.

As far as we can tell, this means that nobody has ever conducted such an analysis, despite the stunning results of the 2016 Presidential election. That remains very troubling, considering that Trump reportedly won, very narrowly, by less than 80,000 votes total in the key swing-states of Michigan, Wisconsin and Pennsylvania, none of which had voted GOP in a Presidential election for decades until 2016. The margins --- as reported by computers, but never verified by humans --- were close enough in each of those states that, had an average of just two votes in each precinct in each of those states been recorded for Hillary Clinton instead of Donald Trump, she, not he, would be President now.

Moreover, as the Mueller Report also documents, Trump's then Campaign Chairman Paul Manafort offered briefings and internal polling data to his business associate Konstanin Klimnik, a Ukrainian national tied to Russian intelligence, "on the state of the Trump Campaign and Manafort's plan to win the election," including what Manafort's partner Rick Gates described to the Special Counsel as "discussion of 'battleground' states, which Manafort identified as Michigan, Wisconsin, Pennsylvania, and Minnesota."

So, at this point, that means nobody still knows whether Donald Trump was actually the legitimate choice of the voters who comprise the Electoral College. (We already know he lost the popular vote by some 3 million votes.) Most of those very same computer systems will be used once again in the 2020 Presidential election, though some --- for example in Philadelphia, the entire state of Georgia, Los Angeles County and elsewhere --- are being replaced with newer systems that are even more difficult for the public to oversee to ensure reported results reflect actual voter intent.

And, with all of that today, we open up the phone lines to listeners for thoughts on whether --- given the findings of the Mueller Report, including Trump's well-documented and repeated attempts to unlawfully obstruct the investigation itself --- Democrats in Congress should begin impeachment hearings or not. So far, Democrats are somewhat split on the issue, with a number of freshmen in the House calling for impeachment proceedings to begin and, so far, only Sen. Elizabeth Warren (D-MA) among the current Presidential candidates offering a clarion call for members of Congress to meet their Constitutional duties by officially investigating Trump's alleged high crimes and misdemeanors via an impeachment inquiry in the U.S. House and a vote on whether to convict and remove Trump from office in the U.S. Senate. Our callers offer somewhat mixed feelings as well, as you'll hear on today's very busy and fast-moving BradCast!...

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Guest: Heather Digby Parton of Salon and Digby's Hullabaloo...
By Brad Friedman on 4/19/2019 6:06pm PT  

On today's BradCast: It looks like Trump Attorney General William Barr's willingness to beclown himself to the level of Donald Trump didn't help much in protecting the President against his own clearly criminal and impeachable behavior as detailed by even the redacted version of Special Counsel Robert Mueller's long-awaited report. And Democrats in both the House and even the Senate are finally beginning to use the "i"-word they should have invoked long ago. [Audio link to show follows below.]

Barr's willingness to offer Trumpian lies to the American people about what the report actually says and doesn't was swell until the American people were actually allowed to read it. Trump's repeated and now well-documented attempts at criminal obstruction of justice by trying to shutdown or otherwise derail the Special Counsel's probe is now detailed for all to see, as of Thursday public release of the redacted 448-page report [PDF].

They are also now able to read Mueller's clarion call, also detailed in the report, for Congress to take up the matter as per their Constitutional duty to serve as the only real check on a lawless President. House Judiciary Chair Jerry Nadler (D-NY) has now subpoenaed the Dept. of Justice for the full, unredacted version of the report and its underlying evidence, and has called for both Barr and Mueller himself to testify to Congress in the coming weeks. At the same time, more House members are now calling for impeachment to get under way after, as Rep. Alexandria Ocasio-Cortez (D-NY) notes: "Mueller’s report is clear in pointing to Congress’ responsibility in investigating obstruction of justice by the President" and "squarely puts this on our doorstep."

"While I understand the political reality of the Senate + election considerations," she Tweeted, "upon reading this DoJ report, which explicitly names Congress in determining obstruction, I cannot see a reason for us to abdicate from our constitutionally mandated responsibility to investigate."

For his part, after falsely hailing the report as a "total and complete exoneration" before it was publicly released, Donald Trump (who probably, ya know, should have bothered to read it first) returned to angry form as of Friday morning, railing profanely and incoherently against the report, the respected federal prosecutors and Republican former FBI Director who wrote it after a meticulous two-year process, and against his own top level staffers who are revealed in the report as the best witnesses to Trump's various impeachable high crimes and misdemeanors.

We're joined today by award-winning opinion and analysis journalist HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo for her insight into the report itself --- which she describes as a "roadmap for impeachment" --- and its fallout today as even several Presidential candidates are now joining the growing calls for impeachment proceedings to begin in the U.S. House.

Among the many topics of our lively discussion: Bill Barr's BS; Mueller's reasoning for choosing to not prosecute while passing the ball firmly to Congress to pick up instead; Why Don Jr. wasn't charged (but should have been); Whether the long-standing DoJ guidance prohibiting sitting Presidents from being indicted makes any sense, either legally, Constitutionally or politically; and whether Democrats in the House and Senate (not to mention Republicans there) will find the backbone to do the right thing and hold Trump accountable as per their Constitutional responsibilities, or whether they'll continue to pull punches as they have for so many years. That, as we also discuss, is precisely what has allowed dangerously criminal and unfit clowns like Donald Trump to ascend to the Presidency in the first place.

"If we care about the Constitution, and we care about the democracy, you can't just let this kind of stuff go." Parton argues. "Even if they can't get the Republicans [in the Senate] to convict, I think that they have to do it anyway. It's the right thing to do. They have to lay out the case."

"Most Americans are not going to read that report like I just did. They're just going to hear snippets of it. But if they do impeachment hearings, in which they establish this narrative out there for all Americans to see, and to hear it in their own words --- from Robert Mueller to Don McGahn, to Hope Hicks, to everyone of them --- and hear what they have to say, to describe what happened, I think that's important for the record. It's important for the voters to have that as they go to the voting booth, whether Trump is convicted or not."

In case you're wondering, the phone number to reach your member of Congress is 202-224-3121. I bet they'd like to hear from you...

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Guests: Zero Hour's Richard Eskow, Comm. to Investigate Russia's Jacki Schechner...
By Brad Friedman on 4/18/2019 6:05pm PT  

On today's BradCast: It should come as little surprise that Donald Trump's newly-appointed Attorney General William Bar has gone out of his way to obstruct justice in his attempt to misdirect from the repeated obstruction of justice painstakingly detailed by Special Counsel Robert Mueller's 448-page report [PDF]. Still, it's remarkable to see in action, as the nation did first thing this morning at his bizarre press conference before the report was even released. [Audio link to show is posted below.]

But, even in the redacted version, as Barr finally allowed the public to see it today, Trump's many attempts to shut down or obstruct the Special Counsel probe are more than clear. That, after Barr delayed the report's release to the public for nearly a month and offered an astonishing --- if dishonest and ham-fisted --- bit of sleight-of-hand at his morning presser an hour before anyone was allowed to see the two-volume report on Russian interference in the 2016 Presidential election and the President's attempts to frustrate the FBI's investigation of it, as well as the Special Counsel's probe that began after Trump fired FBI Director James Comey for the corrupt intent cited in the report.

We're joined for special coverage analysis today as we all slog through Mueller's findings, by journalists RICHARD ESKOW, columnist and host of the weekly The Zero Hour radio and TV program, and JACKI SCHECHNER, Editor-in-Chief of the Committee to Investigate Russia.

There is lots to try and make sense of as we finally get a first look at the culmination of Mueller's two-year effort, detailing various coordination --- knowing and otherwise --- with Russia's efforts to manipulate the 2016 campaign and the President of the United States' repeated attempts to, yes, obstruct the probe into his own obstruction of justice in the wake of firing Comey and the naming of Special Counsel Mueller.

"He is a total hack," Schechner says about Barr and his repeated references to "no collusion" (which Mueller never argues in his report), while he ignored the serious obstruction evidence detailed by Mueller. "This was not an impartial Attorney General who stood up for the rule of law, to work for the American public. This was a man who is operating in a spokesperson capacity for the President of the United States. It's an embarrassment to the office."

Eskow agreed. "It should have been clear to people, as soon as the timing of these relative events was announced, that we were going to get a pre-release spin rather than a serious talk from the nation's chief law enforcement officer," he argues. "It's classic misdirection."

On the substance of the actual report, there is much more to say. The report cites DoJ guidelines finding that sitting Presidents cannot be indicted, as to why the Special Counsel avoided making judgments about whether Trump obstructed justice. As Mueller notes, however, "if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment."

"The obstruction of justice case is extraordinarily compelling," says Eskow, who has been responsibly skeptical about many claims in the Trump/Russia saga over the past two years. "They say it's not the crime, it's the coverup. The big change for me to today was seeing, in one place, the unimpeachability, seemingly, of the evidence pointing to obstruction of justice. [It] suggests to me that Congress should act immediately to do something about it."

We go on to discuss what may happen next, as House Judiciary Chair Jerry Nadler (D-NY) announces plans to subpoena the Department of Justice for the full, unredacted report and its underlying evidence, and as calls for the impeachment of Donald J. Trump should be ramping up, given the remarkable revelations of Trump's corruption detailed by Mueller.

As Trump himself reportedly said after learning that Mueller had been named as special counsel, according to the report: "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."

Finally, if you need a break from all of this today, we close with Desi Doyen and our latest Green News Report, because the existential threat of our growing climate crisis always lightens things up!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Author, election law professor Joshua A. Douglas; Also: Notre Dame Cathedral burns; Trump flouts the law, endangers Congresswoman; Buttigieg makes it official; GOPers in AR and TN move to game elections...
By Brad Friedman on 4/15/2019 6:22pm PT  

Among the many stories we cover, before getting to our guest on today's BradCast --- as one institution after another feels as if they are burning to the ground, either literally or metaphorically [Audio link to full show is posted below]...

  • The historic, 850-year old Notre Dame Cathedral in Paris was engulfed in flames today during renovations, with its famous spire and two-thirds of its roof collapsed, but its famous bell towers and Rose Windows hopefully spared;
  • The Dept. of Justice confirmed that, almost a month after Special Counsel Robert Mueller turned over his report on alleged Russian interference in the 2016 election, the Trump Campaign's coordination with the effort, and obstruction of justice by Donald Trump himself, a redacted version of the 400-page report would be given to both Congress and the public this Thursday;
  • Congressional Democrats on the House Ways and Means Committee have agreed, for some reason, to extend their deadline for the IRS to turn over six years of Trump's tax returns until April 23, as the Administration continues to blatantly flaunt the decades-old federal law requiring the requested materials be given to Congress;
  • Death threats continued against Rep. Ilhan Omar (D-MN) after the President of the United States posted a video on his Twitter feed which repeatedly used an out-of-context remark from the Somali-American Muslim Congresswoman to tie her, incredibly enough, to the 9/11 attacks, even after a Trump supporter last month was charged for calling her office to describe her as an "fucking terrorist" and vowing to "put a bullet in her fucking skull";
  • The 21-year old son of a white sheriff's deputy in Louisiana was officially charged with hate crimes after an arson spree which recently burned down three African-American churches in the state over 10 days;
  • And, on a far more more hopeful note, the 37-year old, openly gay, Afghanistan war vet and South Bend, Indiana Mayor Pete Buttigieg officially announced his run for the Democratic nomination for President over the weekend.

Next, speaking of elections, and before we are joined by our guest today, University of Kentucky College of Law election Professor JOSHUA A. DOUGLAS, a story of GOPers making it more difficult to register voters in Tennessee, and another on Republican state lawmakers working to make it next to impossible for progressives in Arkansas to place citizen initiatives on the ballot, after the state voted to increase the minimum wage via a ballot measure in 2018.

Douglas, author of the brand new book Vote for US: How to Take Back Our Elections and Change the Future of Voting, details a few of the stories from his book revealing how regular citizens in recent years have succeeded in pushing for local and state measures that have resulted in the expansion of the franchise, even in the face of the dark forces hoping to restrict access to the voting booth.

He shares, for example, the story of the Kentucky man who lost his right to vote for life in the state for stealing a car as a teenager decades ago, who was able to encourage his state's legislature to change the law to re-enfranchise those who have completed their sentences. And the story of the woman in Michigan whose anti-gerrymandering ballot initiative was adopted by voters last November. Both stories are told in more detail in his book. With so many stories in the news (and our program!) of voting rights being taken away or otherwise restricted, its important for folks to understand they can actually change that equation without relying on Congress or even major civil rights groups, often by taking action themselves.

"What I like to focus on, in addition to the doom and gloom that seems to invade our psyche with respect to the right to vote, are the positive stories of progress and success," Douglas tells me. "There's power in these inspiring stories that I tell in the book about ways to make our voting process more convenient and inclusive. We can quibble about some of the details, but hopefully the overarching message that we need to take back our elections through local grassroots work can really take hold."

With those hopeful notes, Douglas offers a list of groups and initiatives in his book who readers can contact and be inspired by to take action in their own home towns and states. We also discuss several emerging initiatives to expand access to voting, such as restoring voting rights to the incarcerated and even lowering the voting age to 16 (which is already being done for local elections in several jurisdictions!), as well as a number of initiatives on which we do not agree. That, of course, underscores the beauty of democracy...when we can actually find it. (Oh, and here's the link to where you can buy the book and a ticket to Josh's June 20 appearance at The Last Bookstore appearance here in L.A., as mentioned on the show!)

All of that, and even a quick --- rhyming --- listener call on today's program!...

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