On today's BradCast: We're at the point in the ongoing impeachment inquiry of Donald J. Trump when the facts against him have become so damning that he and his supporters in Congress are pretty much just tossing everything they can against the wall to see what, if anything sticks. [Audio link to show is posted below.]

But first today, some long-overdue very good news out of North Carolina, where a three-judge state court panel has determined the state's Republican-drawn Congressional maps to be an "extreme partisan gerrymander" and has ordered new maps before the 2020 elections. The court went so far as to state that no more Congressional elections may be run on the current maps, and if new ones aren't drawn in time for next year's March 3 primary election, the judges --- two Democrats and a Republican --- will postpone the primaries until they do.

The news is long-overdue, though hardly a surprise. North Carolina is the most divided of swing states, but the GOP-skewed maps have resulted in 3 Democrats and 10 Republicans in the state's Congressional delegation for the past decade. A federal appeals court already ruled the same map to be an unconstitutional partisan gerrymander and ordered a new one drawn. But that ruling was ultimately over-ruled by the stolen Republican majority on the U.S. Supreme Court earlier this year, when they declared in a 5 to 4 opinion that federal courts may not hear partisan gerrymandering cases. Only state courts may now do so, and now North Carolina's state court has done so. The same court ruled last month that the state's legislative districts were also drawn in violation of the state constitution and ordered new maps there as well.

Meanwhile, speaking of Congress, a White House national security official and decorated Iraq War vet offered startling testimony to House impeachment investigators on Tuesday, regarding Trump's scheme to withhold nearly $400 million in military assistance to Ukraine unless the nation's President promised to investigate Joe Biden in advance of the 2020 election. Lt. Col. Alexander Vindman serves as the top Ukraine expert on the White House's National Security Council (NSC) and is the first official to testify in the impeachment matter who actually listened live to Trump's infamous July 25 "I need a favor though" phone call with Ukrainian President Volodmyr Zelensky.

According to Vindman's prepared opening statement obtained by the New York Times, the veteran Army officer and longtime civil servant was so alarmed by Trump's strong-arm tactics and withholding of military aid that, out of a "sense of duty", he alerted the top lawyer at the NSC --- twice --- in order to register internal objections about the policy, which he feared would "undermine national security."

"I am a patriot,” Vindman says in his testimony, "and it is my sacred duty and honor to advance and defend our country irrespective of party or politics." Since news of his testimony broke on Monday night, rightwing media have been attacking the Purple Heart winner who was wounded by an IED in Iraq, as a traitor who must be working for Joe Biden or George Soros or Ukraine, after he fled the then Soviet-controlled country as a 3-year old with his parents in 1979.

Next, were joined by former Asst. U.S. Attorney turned George Washington University Law School professor RANDALL ELIASON to discuss the Republicans' continuing, nonsensical whining that the impeachment inquiry lacks "due process" for the President. Though each of their arguments toward that end have been dismantled by both facts and federal courts in recent days, they are still making the case which Eliason describes as "nonsense" in his latest Washington Post op-ed.

He explains why on today's program, noting the old "saying in Washington, that if you're arguing about process then you're losing," adding: "I think that's certainly the case here." Eliason, a longtime expert in white collar crime, government fraud and federal criminal law, responds to a number of different allegations being offered by Trump and his defenders, including the specious claim that there is no crime at the heart of Trump's quid pro quo pressure campaign against Ukraine.

He also offers his thoughts on the recent news --- and "incredibly suspicious" timing behind it --- that Trump's Attorney General Bill Barr has elevated the Dept. of Justice's probe into the origins of the 2016 investigation into Russian election meddling into a criminal investigation of some sort.

Finally, Desi Doyen joins us for the latest Green News Report on California's wind-drive wildfires, Massachusetts' new climate fraud lawsuit against Exxon Mobil, and Trump's new plan to steal Syria's oil in violation of international law. Also, as we close, late news and a few thoughts on the nation's largest private coal company, Murray Energy, declaring bankruptcy protection today. So much for Trump's promise to save the dirty coal industry. Now, what about the company's long-serving coal miners who may very well lose their pensions and health care under Trump-supporter Robert Murray's scheme to restructure his dying company?...

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IN TODAY'S RADIO REPORT: State of emergency in California, amid massive, wind-driven wildfire outbreak; Massachusetts sues Exxon Mobil over climate fraud; Poll finds Americans want less oil and gas exploration, not more; PLUS: Trump's plan to take Syria's oil has a small problem --- it violates international law... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Coal giant Murray Energy is 8th coal company to declare bankruptcy this year; GM, Toyota side with Trump in CA emissions fight; Secret deal helped housing industry stop tougher rules boosting energy efficiency, disaster resilience; 'Evil economics': Rev. William Barber condemns proposed plastics facility in Cancer Alley; Mars Candy still contributing to rampant deforestation, despite pledge; Global warming will cost rich and poor countries alike; CDC whistleblower says he was told not to use phrase "climate change" after Trump elected.. PLUS: Climate change has set California on fire. Are you paying attention?... and much, MUCH more! ...

With the avalanche of news over the weekend and right up until airtime, we've got nothing but news on today's show. Most of it emanates out of Congress in one way or another, though we take a short side-journey to debunk a major lie over the weekend by Donald Trump. Even that, however, is ultimately about his fate in Congress as well. [Audio link to show follows below.]

Among the stories covered on today's wildly news-packed BradCast...

• Former North Carolina Sen. Kay Hagan died on Monday at age 66, after a three year battle with encephalitis. We share some thoughts on the distinguished record of public service from the state's first female Democratic Senator.;

• Former Democratic Rep. John Conyers died at the age of 90 on Sunday. The champion for civil rights and equal justice and longtime Chair of the House Judiciary Committee served 53-years in the House, making him the longest-serving African-American in Congressional history, before abruptly resigning in 2017 in the wake of sexual misconduct allegations which he refuted. He stated during his resignation that he believed he was unlikely to receive due process during the peak of the "#MeToo" era. We share a number of his many lasting accomplishments today, including his successful 15-year fight to adopt a national Martin Luther King Day holiday, a years-long effort he began just four days after the civil rights legends' assassination. (Conyers was the only candidate for Congress ever endorsed by MLK.) We also share a number of personal reflections on our years working with Conyers and his office in various ways at The BRAD BLOG, particularly during the darkest years of the George W. Bush Administration. (As mentioned on the program, here is the kind message he sent to the blog in 2005, and here is his guest blog from later that same year.);

• And, speaking of a lack of due process, rising-star freshman Rep. Katie Hill announced her own resignation from Congress on Sunday, less than a year after flipping the last Republican-controlled House seat in Los Angeles County in her 2018 election. The 32-year old California Democrat was granted a position on Leadership in the House and a plum position on the House Oversight Committee. However, allegations about an affair with a legislative staffer, which she denies, in violation of House rules was at the center of a complaint filed with the House Ethics Committee. The publication of illicit photographs and text messages attributed to the Congresswoman, which she charges were released by her estranged "abusive" husband, made her ability to fight the charges "untenable," according to House Speaker Nancy Pelosi who praised Hill. Seen as a voice for Millennial voters, Hill describes the released photos as unlawful "revenge porn," while many supporters feel she should not have stepped down;

• On the GOP side of the aisle, the woes are far worse. Yet another senior Republican House member, Rep. Greg Walden announced on Monday that he will not seek re-election, even as the Oregon lawmaker was thought likely to be reelected to long held seat in . He is the 19th House Republicans, many of them senior members who are current and former committee chairs, to declare their intent to retire next year, all but conceding that Republicans have little or no chance of winning back the U.S. House majority in 2020;

• On Sunday, Donald Trump announced that a targeted mission by U.S. special forces succeeded in killing long-sought ISIS leader Abu Bakr al-Baghdadi in northwestern Syria. After Trump's brief announcement, in which claimed that al-Baghdadi blew himself up with a suicide vest and "died like a dog", "crying", "whimpering" and "screaming", Trump went on to sing his own praises during an insane question and answer period with the press for a good 45 minutes. He claimed that the killing of al-Baghdadi was a much bigger deal than the killing of Osama bin Laden during the Obama Administration, and that he, unlike anybody else, had called for the killing of bin Laden long before the 9/11 terror attacks, in his book "The America We Deserve".

  Multiple fact-checks by multiple news outlets, however, detail that Trump did nothing of the kind in his book, where he barely referenced bin Laden in a single passage. He did not calling for him to be killed, though he did recognize him as "public enemy Number One," which also serves to debunk his own claim at the Sunday presser that "nobody had ever heard of Osama bin Laden" until 9/11. Trump's bizarre spectacle on Sunday, trumpeting his triumph and offering easily debunked false assertions, serves to add a question mark to his claims about al-Baghdaddi --- Russia's foreign ministry is dubious about the kill --- and otherwise serves to underscore what a horrible fact and character witness Donald Trump is for himself, given the ongoing impeachment inquiry he is now facing in the U.S. House;

• Speaking of which, former Deputy National Security Adviser Charles Kupperman, who worked directly under former NSA John Bolton, failed to show up for his deposition before House impeachment investigators today, after seeking a ruling from a federal judge as to whether he was legally required to comply with a House subpoena. His testimony, if and when it happens, is expected to underscore concerns that Bolton reportedly had about the quid pro quo pressure campaign Trump was running against Ukraine while withholding nearly $400 million in military assistance to the country in exchange for a promise from its President to investigate 2020 candidate Joe Biden and a rightwing conspiracy theory concerning Ukraine's involvement in the 2016 Presidential election;

• The Ukraine scandal left Vice President Mike Pence going to extraordinary lengths to avoid answering --- four times --- a simple question on Face the Nation on Sunday as to whether or not he knew about the strong-arm scheme before Trump's infamous July 25 phone call with Ukrainian President Volodymyr Zelensky, as corroborated last week by the explosive testimony of top U.S. envoy to Ukraine Bill Taylor and, apparently, by others as well;

• All of which has left Republicans in the U.S. Senate wildly anxious about their own likely votes for or against Trump's removal from office in an impeachment trial, as they worry that independent voters may soon be turning against the President. According to a recent Reuters poll, they already are. Bigly.

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In her landmark, 75-page decision filed on Friday, U.S. District Court Judge Beryl A. Howell did much more than simply grant a motion filed by the House Judiciary Committee (HJC) to compel the U.S. Department of Justice (DOJ) to provide it with grand jury materials from Special Counsel Robert Mueller's probe that had been previously concealed. In that same order, the court systematically demolished every quasi-legal objection the DOJ and White House have raised in their specious efforts to interfere with an ongoing and lawful impeachment inquiry.

The core question raised by HJC's motion was whether the court should order the DOJ to release pertinent grand jury materials in accordance with Rule 6(e) of the Federal Rules of Criminal Procedure. Although grand jury testimony and exhibits are ordinarily kept secret, Rule 6(e) authorizes a court to order the disclosure of such materials "preliminarily to" or "in connection with a judicial proceeding" when there is a "particularized need" for disclosure.

Judge Howell suggested that a House impeachment inquiry, in and of itself, may be considered a "judicial proceeding". She concluded, however, that the court did not have to reach that issue because the HJC was correct in its assertion that its impeachment inquiry was "preliminary to" a judicial proceeding.

In her erudite decision, Howell cited historical practice, the Federalist Papers, the text of the Constitution, and both Supreme Court and binding DC Circuit Court of Appeals precedent. All of these make it abundantly clear: U.S. Senate impeachment trials are "judicial proceedings". Indeed, the DOJ's contrary position is not only at odds with the appellate decision in Haldeman v. Sirica (1974) but also with the DOJ's own legal position in that Watergate-era decision. The DOJ was unable to satisfactorily explain why, under Attorney General William P. Barr, it had changed its previous, long-standing legal position.

The "particularized need" to release the materials arises, in this instance, because Mueller, in deference to the opinions of the DOJ's Office of Legal Counsel (OLC) that a sitting President may not be indicted,* refrained from reaching conclusions about the legality or illegality of the President's conduct. "This," the court observed, "leaves the House as the only federal body that can act on allegations of presidential misconduct." Yet, the court observed, "under the DOJ's reading of Rule 6(e), the Executive Branch would be empowered to wall off any evidence of presidential misconduct from the House by placing that evidence before a grand jury."

The DOJ's contentions were, thus, not simply wrong but untenable. "In carrying out the weighty constitutional duty of determining whether impeachment of the President is warranted," Judge Howell observed at the outset of her opinion, "Congress need not redo the nearly two years of effort spent on the Special Counsel's investigation, nor risk being mislead by witnesses, who may have provided information to the grand jury and the Special Counsel that varies with what they tell HJC."

Had she stopped there, Judge Howell's ruling would be significant. Her demolition of every argument against the validity of the impeachment inquiry that has been presented by the DOJ, by the White House and by some Republican members of Congress, however, was nothing short of breathtaking...

In my exclusive interview on today's BradCast with ANN RAVEL, former Chair of the Federal Elections Commission (FEC), we cover quite a bit of ground. From the reasons she has decided to run for office in California, to the apparent violations of federal election laws at the heart of the Trump impeachment inquiry into the quid pro quo with Ukraine, to the absurd campaign finance laws that allowed two now-indicted Rudy Giuliani associates to buy their way into the White House and directly effect U.S. foreign policy, to the Stormy Daniels affair, and to our shamefully broken FEC. [Audio link to show follows below.]

Ravel, who also previous served as Chair of California's Fair Political Practices Commission (or FPPC --- a more functional version of the FEC, but for the state of CA) and as Deputy Asst. Attorney General during the early years of the Obama Administration, is now running for State Senate in CA's 15th District, which includes San Jose in the Northern California Bay Area. After a lifelong career of public service, this is her first actual run for elected office.

We begin today's conversation with a few thoughts on the "local" issues regarding Pacific Gas and Electric (PG&E)'s preemptive blackouts for hundreds of thousands of customers to avoid their above ground power lines sparking wildfires. The bankrupt for-profit power utility, the state's largest, has been found liable for billions of dollars after several deadly recent fires, thanks to a failure to properly maintain or bury power lines amid increasingly warm and dry climate changed weather. We discuss whether the state should simply take over the company, following Gov. Gavin Newsom's scathing remarks on Thursday citing PG&E's many deadly failures, which he attributed to "dog-eat-dog capitalism and corporate greed meeting climate change."

Then it's on to many issues of national importance --- as highlighted of late by several matters related to Trump's ongoing impeachment inquiry --- regarding our broken FEC, which does not currently even have a quorum of Commissioners to either meet or vote as we head into the most critical election year in the history of our nation!

Ravel, who resigned as FEC Chair "in abrupt and dramatic fashion", according to the Mercury News in February of 2017, "declaring in a public resignation letter that the Federal Election Commission is on a gridlocked road to nowhere," offers her many insights on...

• Campaign finance laws apparently violated by Trump in soliciting a "thing of value" from a foreign entity. That impeachable and criminal violation of law is at the heart of Trump's attempted withholding of military aid and the strong-arming of Ukraine in exchange for dirt on the Biden family and the 2016 election. "There is no question whatsoever that there was a crime at the heart of this," Ravel tells me. "And I'm appalled, having also been at the Department of Justice at the beginning of the Obama Administration, what has become of a Department that is supposed to be doing justice for the people";

• Attorney General Bill Barr and the Dept. of Justices' failure to refer that matter, exposed by a whistleblower complaint, to the FEC for civil charges, as per a longstanding agreement between the two federal agencies. "That was the general understanding that always was the principal we operated by at the FEC";

• The FEC's lack of ability to take immediate action on such a charge, even if it had been referred to them, given the FEC's current lack of a quorum. "Had it been referred as a complaint, that would begin the statute of limitations. And there is a five-year statute. So at some point, assuming there are other Commissioners appointed, ever --- by McConnell, or the Democratic Minority Leader, and assuming that the President makes the nominations --- it could, in the coming five years, actually take some action";

• The obscene lack of campaign finance laws following Citizens United and other woeful "dark money" rulings from SCOTUS in recent years. Those High Court rulings have allowed men like Rudy Giuliani associates Lev Parnas and Igor Fruman to run an influence operation to purchase access to the White House and Republican members of Congress and actually effect U.S. foreign policy in the Ukraine matter in exchange for a few hundred thousands dollars (of unknown origin) given to Trump's SuperPAC, to Giuliani, and to other Republican officials and organizations. While Parnas and Fruman were recently indicted, their charges were based on lying to officials about the source of the money. Had they simply used their own, as we also recently discussed with Brendan Fischer of Campaign Legal Center (which filed the original complaint to the FEC about the pair's donations last year), the influence operation would have been perfectly legal under current law, she confirms. "And that is a whole other problem with our campaign finance system...That will only be fixed if there is a different Supreme Court";

• Why isn't the case of Trump's hush-money payoffs to porn star Stormy Daniels a bigger matter, given that Trump is known to have "directed" a campaign finance law felony conspiracy in making the payments, and then failed to report them to the FEC as required by law? To Ravel's consternation, Democrats in Congress, to date, have yet to make the matter a central point in their impeachment inquiry, and the short-handed FEC is otherwise unable to bring civil charges for Trump's willful violation of the law. She notes that fines levied against the Obama Campaign years ago were for far less serious violations of campaign finance law. "I often say, to much laughter, that I consider myself an expert in Stormy Daniels. I think this is scandalous. It is a campaign violation, without question, and it was being done at the behest of the President."

Those are just some of the many topics discussed on today's program with Ravel.

Finally, after some breaking news on a ruling late today by a federal judge ordering the DoJ to turn over unredacted grand jury testimony and other materials from the Robert Mueller probe to House Democrats working on impeachment, we take a quick look at the quickly snowballing fate of Rudy Giuliani, who finds himself in deeper and more embarrassing --- and potentially criminal --- straits by the hour. For now, Trump is standing by his man. But probably not for long. So, for a musical close to to the week, we turn to the inimitable Randy Rainbow, who recently threw Rudy entirely under a bus...

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There has been a battle between Elizabeth Warren v. Mark Zuckerberg and Facebook since the social media giant started accepting incendiary paid advertisements from President Donald Trump in which his campaigns makes claims about former Vice President and Presidential candidate Joe Biden that are, to put it mildly, less than true.

Recently, Warren, in a gutsy move, shot back with an ad that willfully lied about Zuck and Trump so she could make a valid point about Facebook's recent policy of allowing candidates' ads to run on Facebook without any vetting of facts.

What is really at issue is whether laws developed for local broadcast licensees can --- or should --- apply to social media platforms and, really, whether any outlets should be allowed to make billions of dollars knowingly running ads that lie and purposely misinform the public.

In her ad, Warren first claims "Breaking news: Mark Zuckerberg and Facebook have endorsed Trump for re-election!" Then she writes, "you might be thinking, how could this possibly be true? Well, it's not. (sorry.)" Warren goes on to make the point that what the Facebook CEO is doing in avoiding responsibility for all fact-checking on the massive social media site is giving Trump permission to lie --- so long as he pays Facebook "gobs of money" to spread those lies to voters. She draws a distinction between the way TV networks and Facebook are handling the ads: "If Trump tries to lie in a TV ad, most networks will refuse to air it. But Facebook just cashes Trumps checks."

Facebook responded, ironically enough, in a tweet...

With a short, semi-pause in the hot impeachment action on Capitol Hill, we take the opportunity on today's BradCast to catch up on a number of non-impeachment related stories (mostly). [Audio link to show follows below.]

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

• With climate change induced temps soaring, humidity plummeting and hot, nearly hurricane force desert wind gusts buffeting much of the state, wildfires are again breaking out again in both Northern and Southern California, despite the state's several privately-owned for-profit utility companies preemptively shutting down power to as many as half a million customers. That, to avoid still more liability for failing to maintain and/or bury their power lines which have been found as the cause of many recent deadly fires in the global warming-parched state. Gov. Gavin Newsom had some choice words on Thursday about those utility companies, such as Pacific Gas and Electric (PG+E) and Southern California Edison, placing profits over safety for many years in what he blasted as "dog-eat-dog capitalism [and] corporate greed meeting climate change";

• As the years-long probe by Trump's State Department into the phony "scandal" surrounding Hillary Clinton's use of a private email server as Secretary of State finally concluded very quietly last week --- having found "no persuasive evidence of systemic, deliberate mishandling of classified information” --- yet another top Trump Administration official is being investigated for his use of private email accounts to conduct official business. Commerce Secretary Wilbur Ross is at least the 9th senior Trump official who has been revealed to have done so, as he faces both a civil lawsuit over the practice, and as the National Archives and Records Administration has just opened an official probe;

• In only somewhat impeachment-related news, Donald Trump's personal lawyer Rudy Giuliani, who refused last week to answer a Congressional subpoena from House impeachment investigators while parting ways with his personal attorney, is now said to be looking for a new criminal attorney. The former NYC Mayor is reportedly a person of interest in at least two different federal probes, both criminal and counterintelligence, being carried out by federal prosecutors in the Southern District of NY (the office Giuliani once led as U.S. Attorney);

• In U.S. healthcare news, open enrollment on the federal Affordable Care Act healthcare.gov exchange is set to begin on November 1, with as many as 20 new insurers and an average drop in the cost of premiums of 4%. Despite years of attempts by Republicans and Donald Trump to try and undermine "Obamacare", its marketplace is apparently stabilizing even as a ruling is now pending at any time from a federal appeals court in the GOP challenge to the law seeking to strike down the entire Act as unconstitutional;

• And, in related-ish news, a court in Massachusetts has temporarily delayed an ill-considered attempt by its Governor to institute the nation's strictest ban on vaping, in supposed response to a recent outbreak of lung injuries, a number of them deadly, due to the use of black-market THC/cannabis vaping cartridges. Gov. Charlie Baker's attempted ban, however, would prevent the sale of all nicotine vaping products, which are not tied to the recent outbreak in any way, thus endangering the lives of an untold number of smokers and former smokers who would be prevented from using life-saving nicotine vapor devices in the state. Shamefully, a number of other states are in the process of implementing similarly deadly bans, thanks in no small part to horrifically irresponsible media coverage that has equated safe nicotine vaping (and safe marijuana vaping in locations where it is both legal and regulated) with the use of contaminated black-market THC vaping devices;

• Finally, Desi Doyen joins us for the latest Green News Report, with more on the disgraceful and dangerous California private utilities power blackouts, the deadly costs of Trump's rollbacks of clean air standards, and Congressional testimony from former Exxon scientists who detail how the oil giant spent decades and millions of dollars lying to the public about climate change...

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IN TODAY'S RADIO REPORT: California utilities announce more widespread pre-emptive blackouts; Trump's rollbacks of clean air standards are killing Americans; U.S. Supreme Court refuses to block climate liability lawsuit; PLUS: Former Exxon scientists confirm oil giant lied about climate science... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): U.S. Military Could Collapse Within 20 Years Due to Climate Change, Report Commissioned By Pentagon Says; The eco-conscious corporations funding climate doom; Trump administration unveils new water rules for California; Trump Admin Sues California Over Cap-And-Trade Agreement With Canada; Ocean acidification can cause mass extinctions, fossils reveal; Southwest tribes oppose spent nuclear fuel storage plans; Ex-CEO and ex-prisoner Blankenship making presidential bid... PLUS: ExxonMobil CEO Depressed After Realizing Earth Could End Before They Finish Extracting All The Oil... and much, MUCH more! ...

On today's BradCast, Donald Trump needs a LOT of defending --- on virtually every front today. Lucky for him he's still got quite a few willing chumps, suckers and patsies willing to go down with his ship, from elected officials in Congress, to entire media networks invested in his criminal wingnuttery, to the best team of shameless lawyers his dirty money can buy. [Audio link to full show follows below.]

We kick off today with the remarkable argument offered by one his shameless attorneys in a federal appeals court in Manhattan, where a lower court judge recently ruled against Trump in his suit to block his longtime tax accountants at Mazars USA from turning over eight years of his tax and other financial documents as subpoenaed by state prosecutors. The probe is into payments made while Trump was in the White House to reimburse his then-attorney, now-convicted felon Michael Cohen for hush-money payoffs to porn star Stormy Daniels just prior to the 2016 Presidential election.

After the lower federal court judge virtually laughed the Trump attorneys out of court earlier this month, finding their argument that a President may not be indicted or even investigated at the federal OR state level to be "repugnant to the nation's governmental structure and constitutional values," Team Trump quickly appealed to the U.S. Second Circuit Court of Appeals, which heard his argument today.

During today's hearing, the 3-judge federal panel, citing an infamous quip about Trump's ability to shoot someone on Fifth Avenue without losing any supporters, queried Trump attorney William Consovoy on whether law enforcement officials would be Constitutionally allowed to investigate or do anything about it, if that literally occurred. The President's attorney said no, they could not. It's a hypothetical that I've raised several times in the past, in response to the absurd, Constitutionally-weak, decades-old DoJ Office of Legal Counsel (OLC) opinion memo asserting that a sitting President may not be criminal indicted. That OLC memo, never tested in a court of law, though cited by Robert Mueller when he failed to bring criminal Obstruction of Justice charges against the President despite mountains of supporting evidence, will now almost certainly have its day before the Republican's stolen U.S. Supreme Court in this matter.

Then, the many desperate attempts made by Republicans last night and today to try and defend the President following Tuesday's "damning" testimony to House impeachment investigators by Bill Taylor, Trump's acting Ambassador to Ukraine. The veteran diplomat rocked D.C. with his meticulously detailed recounting of how he learned that Trump was personally behind the quid pro quo pressure campaign to withhold nearly $400 million in military assistance to Ukraine unless its recently elected President, Volodymyr Zelensky, publicly promised an investigation into Joe Biden and the 2016 election.

With no clear messaging campaign to push back against the explosive charges at the heart of the ongoing impeachment inquiry, Republicans from the White House to Congress to Fox "News" have been flailing over the past 24 hours. The White House Press Secretary released a statement attempting to tar the longtime civil servant and military veteran Taylor as a "radical unelected bureaucrat waging war on the Constitution"; Trump's former Acting Attorney General Matt Whitaker took to Fox "News" to declare that "abuse of power" is not actually a crime; and Trump's far-right allies in the U.S. House stormed a secure room in the basement of the Capitol in a faux "riot" (reminiscent of the infamous "Brooks Brothers Riot" in Florida in 2000) to stall the planned impeachment deposition of Defense Department official Laura Cooper, the Deputy Assistant Secretary of Defense for Russia, Ukraine and Eurasia. It is believed Cooper was to testify on the Pentagon's finding that the White House's withholding of Congressionally-allocated military assistance to Ukraine was, in fact, unlawful.

Some of Trump's defenders today have been arguing that Taylor's testimony highlighted that Zelensky didn't know about the withheld U.S. military assistance and, therefore, the Administration's pressure campaign could not possibly have amounted to a quid pro quo. That argument, however, was neatly eviscerated late today via an exclusive from Associated Press, reporting that Zelensky was aware of the White House pressure campaign and the potential of losing U.S. aid if he didn't play ball in Trump's political scheme, as early as May of this year.

Finally today, the stalled impeachment deposition was not the only hearing on Capitol Hill today. Desi Doyen joins us for some highlights from a House Oversight Committee hearing on Wednesday in which Exxon Mobil scientists testified about the oil giant's knowledge, decades ago, that the use of their product was endangering humanity by warming the globe, even as Exxon invested millions in an "immoral" public relations campaign to convince the world that the science on the matter was in doubt...

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On today's BradCast, it was (another) very bad day for Donald Trump, but a good day for Hillary Clinton, if anybody was able to notice, thanks to another shameful weekend by the mainstream corporate media. [Audio link to show follows below.]

Our stable genius President didn't make it any easier on himself by beginning his day with a grotesquely offensively comparison of his ongoing Constitutional impeachment inquiry to "a lynching". But it got far worse for Trump (if nowhere near as bad as an actual lynching), when his top diplomat in Ukraine, Bill Taylor, testified before impeachment investigators in the U.S. House. The veteran diplomat and foreign policy elder statesman spelled out, in no uncertain terms --- based on copious, contemporaneous notes --- that Trump had personally tied the release of nearly $400 million in military assistance for Ukraine to a quid pro quo requirement that Ukraine's President publicly commit to investigating Trump's 2020 political rival Joe Biden.

The testimony, according to House impeachment investigators, directly contradicts Trump, numerous top White House officials, and a number of Trump-appointees who offered earlier testimony. It also included a 15-page opening statement from Taylor, accurately described as "damning" by a number of Democrats.

Then, while you may or may not have heard about the news which was buried deep inside weekend papers on Saturday, the State Department --- Trump's OWN State Department --- concluded its years-long probe of emails sent to and from Hillary Clinton's private email server. The report, sent to Congress with little or no fanfare from either the media or the Trump Administration, found "no persuasive evidence of systemic, deliberate mishandling of classified information" by Clinton or anybody else in the Department.

The faux "scandal" that Trump, his campaign and his party disingenuously used to help propel him to office in 2016 has officially ended with a barely imperceptible whimper. That, even as top White House officials from daughter Ivanka Trump to son-in-law Jared Kushner to Steve Bannon to Stephen Miller to Executive Agency heads like Education Secretary Betsy DeVos have all since been found to have carried out government business on private email servers and have even reportedly shared classified information on private texting apps.

We're joined today by longtime media analyst ERIC BOEHLERT to discuss not only the phony "BUT HER EMAILS!" scandal that Trump falsely described during his campaign as "worse than Watergate" --- and which even today results in "Lock her up!" chants at his unhinged campaign rallies --- but the corporate mainstream media's dreadful failure and stunning "whitewash" of its own role in colluding with the Trump Campaign by constantly over-hyping the baseless charges in the run up to the fateful 2016 Presidential election.

"The email story does not exist without the Beltway press," Boehlert tells me, noting their coverage of the end of State Department's probe on page 16 (NYT) and 6 (WaPo) on Saturday. "Most of the network newscasts never even reported on the story over the weekend.

"This email story ran from March 2015 to November 2016," he rails. "This story rolled for months and months. If you take one peek, in September 2015, on average, if you look at the Washington Post --- print and online --- they were publishing two Clinton email stories every day for the month of September 2015. We forget how bad it was. Pick your adjective. Mind-boggling. Numbing. Irresponsible. Reckless. And what's important [is] to not let this happen again."

But, of course, it will, especially given the lack of contrition for this failure evidenced by the story's coverage this weekend. "These are smart people," he says. "They play dumb on an epic scale." Boehlert aptly compares the media's failure in becoming "hugely investigated in this story from the get to" to their similarly reckless coverage of the Bush Administration's claim that Iraq had WMD in the run-up to our disastrous war there beginning in 2003. He also goes on to offer warnings about the Administration's schemes to use the very same playbook in 2020.

"If you're concerned that we're going to have a repeat because the press not only refuses to learn any lessons from 2016, but doesn't even admit there are any lessons to be learned --- look at Joe Biden and the Ukraine. It's happening again. Not as bad as the other, because Trump has inadvertently impeached himself by publicly confessing to colluding with a foreign power. But we saw it in the beginning of this story, a lot of headlines, "Trump and Biden both tainted by Ukraine'. No, they're not. Let's not do that," he pleads.

We discuss why this seems to happen over and over (remember how the media fell for the John Kerry "Swiftboat scandal" in the 2004 campaign?) when it comes to the media's coverage of Democrats, what the media should have done both in 2016 and today, and what Americans can do to help avoid being taken for another predictable ride in 2020.

Finally, were joined by Desi Doyen for our latest Green News Report as Trump's Energy Secretary calls it quits, Arizona looks toward a future without water, and ExxonMobil goes on trial for climate fraud. All while the GNR creeps toward our 1000th episode and we gently ask for your support of unabashedly independent, fearless and accurate news over your public airwaves via BradBlog.com/Donate.

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IN TODAY'S RADIO REPORT: Trump's Energy Secretary Rick Perry announces resignation amid impeachment scandal; Arizona's Pinal County faces severe water deficit; Exxon Mobil goes on trial for climate fraud in New York State; PLUS: Climate strike in Canada's tar sands country packed a punch on eve of national election... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Did Exxon deceive its investors on climate change? [Yes]; Bank regulators present a dire warning of financial risks from climate change; U.S. air quality was improving, now it's getting worse, with deadly impacts; Ozone hole shrinks to smallest size on record; Trump declines to participate in Weather Channel 2020 climate change special, because of course; Global warming is making baby sea turtles almost all female; America's biggest trash hauler stops shipping plastic waste to poor countries; Leaded audio reveals how Coca-Cola undermines plastic recycling efforts... PLUS: A wildlife emergency is brewing at the border... and much, MUCH more! ...

On today's BradCast, the catch-up work continues! In the week since returning from my month-long forced hiatus due to a family emergency, we've been so busy with Donald Trump's insanity and impeachment inquiry and withdrawal of troops from Syria and attempt to award himself the contract for the G7 Summit at his own Florida resort (which he retracted over the weekend under pressure from Republicans), that we haven't had any time to discuss concerns about "Plan B". Specifically, concerns about voting systems in a whole bunch of states and counties where elections officials are, insanely, moving towards vulnerable, 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) in advance of 2020. [Audio link to show is posted below.]

We make up for a month's worth of lost time on today's show. But first, some actually encouraging news out of two different states. On Friday, a federal court judge placed a temporary injunction on Florida's new Republican-adopted law that prevents former felons from registering to vote, unless they've paid off all court-imposed fines and fees first. The judge ruled the GOP law, enacted by state lawmakers just after state voters overwhelmingly adopted a new Constitutional amendment to re-enfranchise former felons last November, essentially amounts to an unconstitutional poll tax. The ruling, for now, is limited and has a few caveats, but voting rights activists are hailing the decision.

In still more good news for voters, this time in Missouri, the St. Louis County Board of Elections last month (where I was born and raised), unanimously voted to move the state's largest county to a new, hand-marked paper ballot system for all voters, other than those disabled voters who choose to use an assistive electronic system, beginning this November. The move comes as a welcome safeguard for voters after the County allowed voters over the past decade to choose between touchscreens or hand-marked paper ballots at the polls, while subtly (and not-so-subtly) encouraging voters to use the unverifiable touchscreens. That good news would also make my late father very happy, given that he was also a proponent for hand-marked paper ballots, as made clear in an amusing 2006 BRAD BLOG entry, which we share on today's show.

The move in St. Louis, however, is contrary to similar choices being made in a number of key jurisdictions around the country, where officials are moving to unverifiable and hackable BMD systems before 2020. States such as Georgia, South Carolina, Delaware, and New Jersey are moving to these expensive and vulnerable systems, as well as key cities and counties in Pennsylvania (Philadelphia!), North Carolina (Mecklenberg County, the state's most populous) and California (Los Angeles County, the nation's most populous!)

We're joined today by journalist, attorney, Election Integrity advocate and Twitter activist JENNIFER COHN --- who has a new video presentation out today on the many concerns about private voting system vendors who have taken over our public elections, and on the desperate need for hand-marked paper ballots --- in hopes of beginning to catch up on much of the voting system news we missed over the past month!

Unfortunately, as Cohn details, other than in St. Louis, the outlook is pretty grim between now and next year, as even leading Democrats (hello, Sen. Amy Klobuchar!) seem to have a very difficult time fighting for the real security improvements necessary to protect our election system from adversaries --- both foreign and domestic --- before next year's critical Presidential election.

Cohn makes the crucial point that phrases other than "HAND-MARKED paper ballots" are, essentially, code words for unverifiable, hackable, computer-marked paper ballot summaries. Phrases often used by vendors, as well as election and elected official to confuse voters include: Voter-marked paper ballots, voter-verifiable (as opposed to veriFIED) paper ballots, back-up paper ballots (hello again, Sen. Klobuchar!) or simply "paper ballots", without using "hand-marked" before it. If you don't hear them say "hand-marked" first, they either don't know what they're talking about, or they're trying to put something over on you.

And, as Cohn notes, if they promise post-election audits to protect the integrity of the vote, but are doing so without using hand-marked paper ballots to "audit" with, they are also trying to scam you. At least according to the actual inventor of the post-election Risk-Limited Audit (RLA) protocol, Prof. Phil Stark of UC-Berkley, an opponent of universal use BMDs. He describes RLAs of computer-marked ballots as "worthless" and little more than putting "lipstick on a pig"...

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The outlook for Donald Trump appears grimmer by the day, but the systemic institutional problems that brought him to office and have now helped bring him to the brink of impeachment are of even larger concern on today's BradCast. [Audio link to today's program is posted below.]

First up, the latest in the House's ongoing impeachment inquiry, as the worm may --- emphasis on 'may' --- be turning, following Trump's Acting Chief of Staff Mick Mulvaney's nationally-televised admission that the Administration withheld hundreds of millions of dollars in Congressionally-allocated military aide to Ukraine in an effort to strong-arm the former Soviet nation into investigating Democrats and the 2016 election. Mulvaney's "confession", as House Speaker Nancy Pelosi described it, of a pretty clear quid pro quo has knocked several Republicans off their footing, as they struggle to find ways to defend the President's actions.

A number of Congressional Republicans in both the House and the Senate now appear troubled by the admission (which Mulvaney attempted to walk back just hours later) and it has led Ohio's former Republican Governor John Kasich to concede on Friday that he now supports the impeachment and removal of Trump based on the latest information.

Then, we're joined by BRENDAN FISCHER, Associate Counsel at the Campaign Legal Center (CLC) in Washington D.C., which filed a formal complaint with the Federal Elections Commission (FEC) in July of 2018, detailing serious campaign fiance law violations by Rudy Giuliani associates Lev Parnas and Igor Fruman. The Soviet-born Ukrainian-Americans were dramatically arrested and indicted at Dulles International Airport just over a week ago by federal prosecutors from the Southern District of New York, as they were attempting to flee the country with one way tickets to Vienna. Parnas and Fruman were charged [PDF] with using a fake shell corporation to illegally funnel hundreds of thousands of dollars from an unknown source to Republicans, including Trump's America First Action SuperPAC, in a successful effort to gain political power.

They also paid some $500 thousand to Giuliani --- who is working, for free, as Trump's personal lawyer --- and donated to Texas Congressman Pete Sessions, all in an effort to act on the conspiracy theories used by Trump and Giuliani to strong-arm Ukraine. As Fischer lays out in a piece at CLC detailing the backstory of the arrests of the two Trump donors, "Working closely with the president’s personal attorney, Giuliani, their efforts touched two branches of U.S. government, two presidential administrations in Ukraine, at least five countries, numerous individuals in and out of government, and, now, an impeachment inquiry into the U.S. President himself."

"The big giving opened a lot of doors," Fischer tells me. "It got them into political fundraisers where they rubbed shoulders with President Trump's inner circle. That money allowed them to build and deepen a relationship with Giuliani. And they were able to leverage that relationship in order to advance this narrative about Ukraine --- the same narrative about Ukraine that President Trump espoused in his call with Ukrainian President Zelensky, which has now led to this impeachment inquiry."

In other words, despite the ongoing mysteries behind the true source of their funding, they got a lot of bang for their campaign finance bucks used to buy influence with GOP officials and effect actual U.S. foreign policy in the bargain. But, as Fischer explains on today's program, had they not used a phony corporation to do it with someone else's money (and lied about that to the FEC), everything they did appears to be largely perfectly legal under U.S. campaign finance laws! Yes, apparently if you have enough money, you are allowed to use it to buy a major political influence operation that can directly effect U.S. foreign and domestic policy, even out of the White House.

Fischer explains how the dark money operation --- which didn't even include all that much money --- is still being unraveled by federal investigators as the probe (which could even nab Giuliani) continues and, perhaps even more importantly, how it may represent just be the tip of a campaign finance iceberg that illustrates the dangers of our disgraceful campaign finance laws in the wake of the Supreme Court's Citizens United ruling in 2010.

"The indictment makes clear that the purpose of the political contributions that Parnas and Fruman made was to buy access and to build influence with powerful political officials in order to advance their own personal financial interests," says Fischer. "But that is not what they are being indicted for. They were indicted because they laundered the funds through shell corporations and then lied about it." So, had they actually been rich dudes who used their own money for this scheme, it would have been just fine? "Yes, it would have been just a beautiful expression of their First Amendment right to free speech."

“This indictment of Parnas and Fruman is really an indictment of our big money political system. It lays out very clearly how powerful political figures operate on this cash-for-access practice. It's become entirely commonplace for wealthy political actors to buy their way into Congressional offices and into the President's inner circle. If you don't have money, your voice does not get heard in our democracy.”

Finally, longtime good government watchdog Fischer also rings in on Mulvaney's stunning announcement that the Administration has officially selected Trump National Doral resort in Miami, Florida as the location for next year's G-7 Summit of world leaders, despite the Emoluments Clause of the U.S. Constitution which strictly bans payments to the President from foreign officials --- a point that even Fox "News" (well, at least some there) appear to have a problem with as well...

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