Guest: Leahy's former Chief Counsel, Lisa Graves; Also: 'Monster' Florence intensifies; KS GOP panel allows man arrested for fraud and Kobach to remain on ballot; CA takes lead on climate change action...
By Brad Friedman on 9/11/2018, 6:48pm PT  

On today's BradCast, we're closely watching a number of things: Major storms, major elections, and major lies (under oath) revealed as coming from the nominee for a lifetime appointment to the U.S. Supreme Court. [Audio link to full show is posted below.]

First up, we're watching the "monster" Category 4 Hurricane Florence closely this week, as it quickly increases in intensity, even while slowing down over record warm waters before its predicted landfall later this week, in what could result in a catastrophic wind and rainfall event in the Carolinas and Virginia by week's end. Officials warn power could be knocked out for weeks, but, citing his Administration's "unsung success" in Puerto Rico after Hurricane Maria (after which nearly 3,000 Americans died and power remained out for nearly a year), Donald Trump declares the federal government is "totally prepared". The National Weather Service now says that nearly 5.5 million people are threatened by the incoming storm.

We're also watching the final week of primaries before the crucial 2018 midterms this fall, with New Hampshire voters taking their turn to vote on Tuesday. But we're also still watching the fallout from earlier primaries this Summer, including an all-Republican State Objections Board in Kansas which, this week, a) Voted to allow a Republican state House candidate who was arrested and charged with election fraud last week to stay on the November ballot, and b) Dismissed a challenge to the incredibly narrow reported win (just 343 votes out of some 317,000 cast) by Sec. of State Kris Kobach several weeks ago, after he was certified to be the state's GOP nominee for Governor, despite an unknown number of uncounted or rejected provisional and late Vote-by-Mail ballots across the state and serious malfunctions of a new voting and tabulation system in the state's most populous county. Kobach's own deputy chaired this week's meeting of the three-member, all-GOP State Objections Board and personally appointed the County Clerk who purchased the new, unverifiable touchscreen ballot marking device system which spectacularly failed during their first outing in Johnson County last month.

Next, we're also still watching the proceedings for Donald Trump's latest nominee to the U.S. Supreme Court. Confirmation hearings in the U.S. Senate Judiciary Committee for Judge Brett Kavanaugh wrapped up last week, but not before revealing that Kavanaugh appears to have lied to the Senate under oath, multiple times, during his previous confirmation hearings for the U.S. Court of Appeal in Washington D.C., regarding whether he had received stolen documents from Democrats on the Senate Judiciary Committee while serving as an operative in the George W. Bush Administration.

We're joined today by LISA GRAVES, the author of some of the documents stolen by one of Kavanaugh's fellow GOP operatives who worked in the Senate at the time Kavanaugh was shepherding controversial, hard-right Bush judicial nominees through the confirmation process. Graves, who is now co-founder of the non-profit Documented and former Executive Director for the Center for Media and Democracy, was Chief Counsel for Nominations for the U.S. Senate Judiciary Committee for Sen. Patrick Leahy (D-VT) back when the stolen documents in question were pilfered.

She explains today how some of the very few recently-released emails from Kavanaugh's tenure during the Bush Administration revealed last week that he lied to Congress during testimony about his knowledge of, and personal participation in, what was a major Senate email theft scandal in the early and mid-2000s.

"It was the first time that we saw evidence that he had seen talking points, draft materials, content from the materials that were stolen," she tells me, detailing how she had long suspected as much, after the initial scandal broke over a decade ago. "It was so shocking what was happening at the time, in terms of that sort of confidential material being stolen, that Senator Hatch expressed his mortification and assigned the U.S. Sargent-at-Arms, who was a Republican, to lead an investigation." But that probe, she adds, did not have subpoena power, so last week was the first time the public finally saw the incriminating documents revealed by Sen. Leahy during last week's hearings.

Graves is now calling for Kavanaugh to be impeached whether or not he is confirmed to the U.S. Supreme Court. Ironically, a complaint has been filed with Kavanaugh's boss on the D.C. Court of Appeals, Chief Judge Merrick Garland, Barack Obama's 2016 nominee to the Supreme Court who, for the first time in history, Republicans refused to even hold a vote on.

Kavanaugh's confirmation still appears likely, despite a very slim Senate GOP majority that could be lost in this November's midterms, and the presence of Republicans like Utah's Orrin Hatch who served on the Judiciary Committee at the time of the theft of those Democratic documents and continues to do so today. Hatch was just one of the Senators who Kavanaugh, we now know, appears to have blatantly lied to, under oath, during hearings in 2004 and 2006. Hatch was also a loud supporter of the impeachment of President Bill Clinton for having lied under oath.

Graves argues that Kavanaugh's testimony from those years "compared to the evidence that he lied," is now "very strong and warrants a full investigation". She also says she has yet to speak to anyone in Congress about her call for impeachment following the new revelations. "I believe the American people have a right to know that this is what's happening. And I believe the Senate should stand up and defend itself against this sort of perjury. There are certainly other right-wing judicial nominees that the White House could nominate who don't have this track record, who haven't played this role, and who perhaps also don't have this extreme view of Executive power, where --- if Brett Kavanaugh were confirmed --- he could be called to rule on cases involving cases of potential perjury or lying to investigators,"

Finally today, Desi Doyen joins us for the latest Green News Report with more on the dangers (and causes) of the looming Hurricane Florence off the Eastern seaboard, and another major storm currently threatening Hawaii this week; a brand new pipeline explodes in Pennsylvania, owned by the same company which owns the Dakota Access Pipeline that Trump approved in 2017, despite months of protest by the Standing Rock Sioux tribe in North Dakota; and, thankfully, some very good news about several new landmark actions taken by California this week to combat the growing menace of global climate change...

Download MP3 or listen to complete show online below...

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