Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Guest: Joshua A. Douglas on voting laws and a President's power to change them; Also: House panel to release Gaetz report; Trump's plan for reversing Biden climate, energy initiatives...
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Firefighters struggle to contain ferocious Malibu wildfire; The planet is getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Syria falls, S. Korea on the brink, Romania to rerun Prez election after Russian interference; Callers ring on whether Biden should issue preemptive pardons...
THIS WEEK: What Mandate? ... Cabinet Medicine ... Concept Plans ... Pardon-pocrisy ... and more! In our latest collection of the week's itty bittiest toons...
U.N. court to rule on landmark climate case; NC town sues Duke Energy for deception; S. Africa blocks new coal plants; PLUS: Global warming driving drought in U.S...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
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...
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...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
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...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
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...
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...
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...
I’m a bit freaked out about the lawlessness of the Trump administration and the seeming lack of action on the part of the Democrats to do something! The question of the day is: "To impeach or not to impeach?" The first person I thought of to help with this question was LISA GRAVES, former Chief Counsel for Nominations on the U.S. Senate Judiciary Committee under Senator Patrick Leahy (D-Vermont) and Deputy Assistant Attorney General in the United States Department of Justice during the Clinton Administration. Twitter’s @GottaLaff also joins in to continue the conversation. Enjoy!...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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...
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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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...
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...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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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...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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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!...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: Something seemingly very interesting may have occurred at Tuesday's oral arguments on two separate, if related, partisan redistricting cases at the U.S. Supreme Court. The results, believe it or not, could change the outcome from what many voting rights advocates had previously predicted following the resignation of Justice Anthony Kennedy and the subsequent seating of his far-right replacement Justice Brett Kavanaugh. [Audio link to complete show is posted at end of article.]
The scourge of state legislative and Congressional maps drawn for partisan advantage by the party in power after a decennial Census has crippled democracy and the voting power of citizens for decades in the U.S. But the GOP dramatically upped the stakes following the 2010 Census when they employed highly sophisticated computer mapping techniques to ensure themselves huge electoral advantages over the ensuing ten years by drawing extremely partisan maps that "packed" Democrats into a small number of districts or "cracked" them among several in order to dilute the voting power of non-Republicans.
It's a practice that Democrats have carried out as well, if not to the same extreme as Republicans who took over many statehouses in the 2010 "red wave" election. A new analysis from AP finds that 2018's "blue tsunami" election, for example, would have been much larger for Congressional Democrats, were it not for many extremely partisan GOP-drawn maps in a number of key states, including North Carolina, Ohio, Indiana, Wisconsin, Alabama and Texas. The AP study finds "Republicans won about 16 more U.S. House seats" than they would have under fair maps. Similarly, "Republicans' structural advantage might have helped them hold on to as many as seven [state legislative] chambers that otherwise could have flipped to Democrats."
While the U.S. Supreme Court has long found gerrymanders on a racial basis to be unconstitutional, they've yet to affirm the many lower court rulings finding partisan gerrymanders to be similarly unconstitutional. Last term, when many believed SCOTUS was prepared to do so, the Court punted instead on several cases of extreme partisan maps in Wisconsin, North Carolina and elsewhere, before Justice Kennedy --- thought to have been the likely swing-vote in favor of ending the odious practice --- announced his retirement.
On Tuesday, one of those cases, Common Cause v. Rucho --- where a federal appeals court determined (twice!) that North Carolina's Congressional maps were unlawfully skewed for Republicans (they've held a 10 to 3 advantage in their Congressional delegation for the past decade, despite the state being almost evenly divided between Republican and Democratic voters) --- was heard again at SCOTUS. Another case, Benesik v. Lamone, in which a single Congressional district in Maryland was drawn by Democrats specifically to remove an incumbent Republican, was heard as well.
And while many voting rights advocates have not had high hopes for either case, given the even farther-right leaning majority on the court following Kennedy's retirement, there were some surprises during oral argument, particularly from Justice Kavanaugh whose decision in one or both of the cases could change history by delivering a major win for voting rights.
We're joined today to discuss these potentially encouraging developments with SUZANNE ALMEIDA, Redistricting and Representation Counsel for Common Cause, the lead plaintiff in the NC case. She was in the Court on Tuesday for both hearings and explains what seems to have happened, offers insight on what could now occur, decries why these cases are so important, and what may happen when SCOTUS finally delivers it's crucial opinion in June in advance of both the crucial 2020 elections and the subsequent redistricting of all 50 states that will follow the 2020 Census.
"The North Carolina case is a particularly egregious case, for a couple of reasons," Almeida tells me. "One is that we have an admission. On the floor of the General Assembly, Representative Lewis leaned into a microphone and said, 'This is a partisan gerrymander. I wanted to this map to be 10-3 because it couldn't be 11-2.' That's not the way that map-drawing should work, and that's not the way representation should work in America." She also discusses, for example, how one district line drawn by the GOP in North Carolina actually splits an historically African-American college in two, so that its voters are diluted into two separate Republican-leaning districts.
As to the matter concerning Kavanaugh, who was reportedly disturbed by his own district in Maryland, where he lives, being gerrymandered by Democrats to prevent Republican representation, Almeida confirms that he seemed to want to find a standard that could be used by courts to determine if districts were unlawfully gerrymandered on a partisan basis. She says she shares "the characterization that Justice Kavanaugh has a personal interest in the Maryland case ... And he was pushing back quite strongly against the advocate for the state."
Almeida also pushed back at the notion from Justices on the right that Courts should simply stay out of these matters, and leave them to voters and the legislators who drew the maps to keep themselves in power in the first place, she tells me: "This idea that the Court has that somehow this is self-correcting, or will fix itself through the magic of the political process, just doesn't work. And that's because gerrymandering is about power, and people in power staying in power. And when the people in power have that power to make the rules and draw the lines, that's what they're going to keep doing."
She adds that comments from Kavanaugh and even Chief Justice Roberts during the proceedings on Tuesday are "reason to be optimistic". But I'll wait until the opinions come out in June before popping any champagne bottles on what could be, according to Mark Joseph Stern at Slate the "most important voting rights victory of the century so far."
Also on today's program: Speaking of 2020, some curious questions about why nobody from Team Trump --- particularly Donald Trump Jr. or campaign chair Paul Manafort --- has yet been charged with campaign finance violations regarding "soliciting" and/or "accepting" a "thing of value" from a foreign government, as clearly occurred in relation to the now-infamous June 2016 Trump Tower meeting with a number of Russian nationals. Election law expert Rick Hasen argues that the lack of indictments brought by Special Counsel Robert Mueller in this matter does not bode well for the Dept. of Justice's plans to enforce election laws that bar "foreign governments from sharing information --- even information obtained from illegal hacking --- with campaigns, for the purposes of influencing the 2020 election...and beyond"...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Election expert Marilyn Marks; Also: CO's Hickenlooper is in; Tornado kills 23 in AL; Trump to end military exercises in Korea; House Judiciary Dems demand docs from over 80 Trump associates, orgs...
The fight to block brand new, unverifiable (and, of course, hackable) voting systems continues as election officials in a number of jurisdictions (including some key Democratic-leaning ones) are rushing to implement them despite unambiguous warnings from experts and as the national media (after years of our own warnings) have finally begun to take notice.
But first, very quickly, some of the many news headlines from the weekend and today covered on today's BradCast. [Audio link to full show is posted below.]
Former Attorney General Eric Holder announces he is not running for the 2020 Democratic Party Presidential nominee, but Colorado's two-term Governor and self-described "extreme moderate" John Hickenlooper declares that he will be joining the crowded field of mostly U.S. Senators;
Bizarre extreme weather across much of the U.S. as one or more mile-wide "monster" tornadoes flattened parts of Beauregard, Alabama on Sunday, killing at least 23, including a still-unknown number of children, with dozens still missing;
NBC reports the Pentagon is set to announce the U.S. is permanently ending annual large-scale joint-military exercises with South Korea and Japan following Donald Trump's failed summit with North Korean dictator Kim Jong-Un. The U.S. is, apparently, receiving no concessions from the North in return;
Rand Paul became the fourth U.S. Senate Republican to say he will vote to block Trump's "national emergency" declaration, which diverts money military construction money allocated by Congress in order to build a southern border wall instead. Paul's vote, along with Democrats and a handful of other Republicans who have said they will also vote against Trump, would be enough for a majority in the Senate to pass the bill already adopted by the House. Donald Trump, however, has vowed to veto the measure;
And, in far more embarrassing news for the President today, the U.S. House Judiciary Committee --- where any possible impeachment hearings would begin --- has requested a host of documents from more than 80 Trump officials, family members and organizations as it investigates impeachable issues of obstruction of justice, corruption and abuse of power by Donald J. Trump;
Meanwhile, our years-long attempt to wave a large, bright red warning flag regarding U.S. elections, especially in advance of 2020, continues today. But, over the weekend, I'm happy to say, we received a bit of help, finally, from the national media as Politico's Eric Geller ran a feature article summarizing some of the many warnings (see here [PDF] and here [PDF], for example) from cybersecurity and voting systems experts inveighing against new, touchscreen computer Ballot Marking Devices (BMDs) now being adopted or considered by jurisdictions around the country, including Georgia, Delaware, Philadelphia and elsewhere (including counties in Texas, Ohio and even here in L.A. County, the nation's largest voting jurisdiction.)
Officials are now rushing to adopt the new systems in advance of the 2020 Presidential elections. That, despite the mountain of evidence demonstrating that BMD systems cannot be reliably audited [PDF] after elections and will result in elections as faith-based and hackable-without-probability-of-detection as those on many of the older touchscreen systems they will be replacing. The boondoggle is set to be a bonanza for the private voting machine vendors, however, which stand to make hundreds of millions by forcing all voters at the polls to use unnecessary electronic systems, rather than much cheaper, verifiable, hand-marked paper ballot systems tallied by optical-scan computers or counted by hand.
Nowhere has the fight against these dangerous new systems been more contentious than in Georgia, where the state House has already voted, mostly along party lines, to move to the systems and as lawmakers in the state Senate are now on the brink of adopting the same bill, HR-316, as well. The measure would grant at least $150 million for the purchase of electronic touchscreen systems that produce an unverifiable, bar-coded (not human-readable), computer-marked "paper ballot" summary card which is no more verifiable than their 17-year old, oft-failed, easily-manipulated paperless touchscreen voting systems.
But, never mind that. The state's new Republican Governor and former Sec. of State (and infamous vote suppressor) Brian Kemp has long been pushing for such systems, as is his new successor, Republican Sec. of State Brad Raffensberger. A former official from ES&S, the nation's largest voting machine company, which will likely receive the contract to replace all current voting systems in Georgia, is also now said to be serving as Kemp's Deputy Chief of Staff.
We're joined again today by election integrity champion MARILYN MARKS of the non-profit Coalition for Good Governance with an update on the latest status of the battle in Georgia, where a Senate sub-committee held a brief hearing on HR316 on Monday. Marks, a registered Republican herself, reports in on the Peach State's partisan divide in this battle, with most Democrats and members of the public coming down against the new unverifiable systems and most Republicans and election officials pushing for them, contrary to the unwavering advice from cybersecurity and election experts offering a large and growing body of documented facts detailing the dangers of computer-marked BMD systems.
When I ask Marks how state lawmakers could possibly approve these systems, given all that is on the public record against them, she tells me: "They are working in a fact-free environment right now...The Republicans are rushing this through so fast. They know that this stinks to high heaven, that there is no logical reason anybody would choose this over hand-marked paper ballots, when the technology is so uncertain, the price tag is enormous, and no one will take time to let the experts speak" at public hearings.
"It's absurd, but right now they don't care about the facts," she insists. "They don't care about the money, either. The numbers that the are throwing out --- $150 million dollars --- the thing is going to cost far more than that, it's clear. Their numbers are wildly off. They are rushing headlong to do this deal --- the facts, the voters, be damned."
Why? Well, we discuss that --- and what you can do about it --- on today's program. But I will note, that Marks tells me that many other jurisdictions followed Georgia after they adopted touchscreens back in 2002. She feels that is likely to happen again now. "So, this is important to try to stop this here. Conversely, if we stop it here, then in a lot of other places, they will look really hard. If Georgia turned it down when they were this close, then I think it will help stop it in other places." For now, however, unless something changes, it's looking more and more like Georgia voters are about to be saddled for another whole bunch of years of election results that can never be verified as accurate. Unfortunately, they won't be the only ones...
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Guest: Heather Digby Parton on today's House Oversight hearing, revealing evidence from the President's former lawyer, and his damning description of Trump as 'a racist, conman and cheat'...
On today's BradCast: As you may have heard, Donald Trump's former personal attorney and fixer Michael Cohen publicly testified under oath for some 7 hours in the U.S. House Oversight Committee on Wednesday. We're all over it today with special coverage. [Audio link to show is posted below.]
Among the "highlights" were Cohen's detailed allegations --- along with supporting documentation --- revealing that Trump committed felony crimes both before his election and since taking office, including secretly writing checks while President to reimburse Cohen for illicit hush-money payments made to Stormy Daniels just before the 2016 election. Cohen pleaded guilty last year to felony charges related to participating in that felony campaign finance conspiracy, which he says was "directed" by Trump to affect the election by keeping Daniels quiet about the affair she allegedly had with Trump.
Cohen also testified that Trump's son Don, Jr. participated in the conspiracy scheme in the months following the 2017 inauguration. Moreover, Cohen charged that Trump was told in advance by Roger Stone during the campaign that WikiLeaks' planned to release DNC emails said to have been hacked by Russia. He also offered evidence to suggest that Trump was well aware of the infamous Trump Tower meeting with Russians offering "dirt" on Hillary Clinton before it took place. Trump has previously denied both matters.
Cohen is set to soon begin a three-year federal prison sentence for his part in the hush-money conspiracy and for lying to Congress previously about Trump's plans to build a condominium project in Moscow.
In his damning and masterful opening statement [PDF], some of which we share at length today (and which you should read in full if you missed it), Cohen explains how he is seeking redemption and describes the man for whom he worked for ten years, in no uncertain terms, as a "racist, conman and cheat".
We're joined today by the great HEATHER DIGBY PARTONof Salon and Hullabaloo to discuss what we now know (and still don't), as well and how both Republican and Democratic lawmakers handled the day's astonishing and historic proceedings.
She describes Cohen's testimony as revealing how he "joined Trump's cult of personality and it destroyed him. The rottenness at the center of this cult of personality around Donald Trump was laid out, exposed. And [Cohen] looked in the eye of the Republicans sitting there on that panel who were defending Trump, saying to all these people, 'This will happen to you too. This is what happens if you follow this man.' It was almost a warning to the country [that] there's a rottenness surrounding this man on every level."
Indeed. Our full special coverage follows below...
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We pick up on today's BradCast, somewhat near where we left off on Friday, following BuzzFeed News' blockbuster report charging that Donald Trump directed his former attorney Michael Cohen to lie to federal investigators in order to obscure their work on a project to build a Trump Tower in Moscow even as Americans were voting during the 2016 Presidential election. [Audio link to today's show is posted below.]
The explosive reported allegations that the President of the United States had suborned perjury led to calls on Friday for Trump's impeachment, only to be dampened by a very rare --- and very carefully worded --- response from Robert Mueller's office, disputing "Buzzfeed's description of specific statements to the Special Counsel's office" and the "characterization of documents and testimony obtained by this office."
My guest today, legal and national security journalist MARCY WHEELERof Emptywheel, says those words were carefully selected by Mueller's office and for a very specific reason. Given all the confusion following both the report and Mueller's unusual statement late last week --- not to mention conflicting remarks from Trump's TV lawyer Rudy Giuliani over the weekend --- Wheeler helps us try to make sense of what is now known and unknown on all of this, why Mueller's office chose to speak out in response to it, and whether or not he was encouraged to do so directly by Deputy AG Rod Rosenstein, the White House or someone else on Trump's legal team.
"Buzzfeed offered some particular details that match exactly with details that Mueller has offered," Wheeler explains, while noting that the news outlet "made a news claim that Trump had ordered this lie. What Mueller is pushing back against is a legal claim." She tells me how the two interests are different, even as they may be describing much of the same events and documentation.
Moreover, she argues, "there's abundant evidence that Trump has ordered people to lie, and that subsequent to his orders to tell lies, his people have continued to tell those lies...and that's illegal. That should be a no-brainer and the press needs to start telling that story."
Wheeler, who has long been covering all things related to the Trump/Russia probe as close --- or closer --- than virtually anybody in the nation, offers much insight today on all of the above, including details on Buzzfeed's sourcing for their report (which they continue to stand by "100%"), based on information from two unnamed "federal law enforcement officials involved in an investigation of the matter," as well as "multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."
In slightly more encouraging --- and certainly less cruel --- news from SCOTUS today, despite pleas from the Administration the Court made no announcement of plans to hear argument on any of the many ongoing lower court cases challenging Trump's reversal of the Obama-era Deferred Action for Childhood Arrivals (DACA) program. Obama's DACA order was meant to help prevent the deportation of more than a million undocumented immigrants brought here by their parents as children many years ago. Should the Court decide to hear one of the cases, it would now most likely not happen until the session that begins in October, with an opinion coming months later. Temporary protection under DACA for so-called "Dreamers" was used over the weekend as an attempted bargaining chip by Trump, as part of an offer to Democrats in exchange for the $5.7 billion he has demanded for a border wall, leading to the longest (and still ongoing) federal government shutdown in U.S. history.
And, finally today, Desi Doyen joins us for the latest Green News Report, with news on the tragic pipeline explosion in Mexico over the weekend, toxic coal ash groundwater contamination discovered in 22 states, and how the government shutdown is setting the table for a dangerous wildfire season, even as its temporarily protecting aquatic wildlife from seismic testing during offshore drilling exploration in the Atlantic...
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On today's BradCast: Some good news and bad for voters in New Hampshire and Georgia. Bad news for breathers. And Donald Trump has the worst. Attorney. Ever. [Audio link to show follows below.]
Among the many stories we cover on today show...
A federal court has struck down New Hampshire's law that allowed local election workers, without expertise in hand-writing analysis, to toss absentee ballots, essentially, due to bad penmanship. The law had allowed officials to disenfranchise voters --- without notice or time to cure the problem --- if they judged a signature on an absentee ballot does not match closely enough with the signature on the voter's absentee ballot application form. We discuss the story of one of the plaintiffs in the case, 94-year old, legally blind Mary Saucedo, whose 2016 Presidential election ballot was tossed, without her knowledge, until she was contacted by the ACLU months after the election. This is a problem with absentee vote-by-mail ballots in many states. The good news is, it may stop in NH, at least.
A two-person county election board in Randolph County, Georgia will vote this Friday on a scheme to close 7 of 9 precincts for this November's crucial midterm elections in the rural, poor, predominantly African-American county. There is no public transportation in most of the county, where many do not own cars. The closures would result in some voters needing to walk three and a half hours to cast their votes, the ACLU of Georgia argues. Voter registration at one of precincts to be shuttered is 97 percent black. That, in a year when Georgia could elect the nation's first African-American female governor, Democratic nominee Stacey Abrams.
The blistering summer of record heat, fire, flooding and related deadly disasters continues around the globe. Monsoon rains have, so far, killed hundreds and dislocated more than 800,000 in the southern Indian state of Kerala. That story underscores, yet again, the horrible if expected news that...
The Trump Administration is set to announce a plan this week which would roll back President Obama's "Clean Power Plan" which would have, in accordance with the Paris Climate Agreement, greatly curbed carbon dioxide and other deadly emissions from coal-fired power plants. The Trump EPA scheme would allow states to devise their own plans for emissions reductions at coal plants. Where Trump's plan would result in the equivalent of 2 to 5 million cars being taken off the road, Obama's would have removed the equivalent of 75 million vehicles and more than 265 million metric tons of CO2 from the atmosphere. The reduction of carcinogens that cause diseases such as asthma and lung cancer in the Obama plan similarly dwarfs the toxins expected to be reduced by Trump's plan, which the dying (and deadly) coal industry is applauding today.
Finally, Rudy Giuliani may be the worst lawyer ever. And his client, the President of the United States, deserves him. We discuss Giuliani's already-infamous "truth isn't truth" statement on NBC's 'Meet the Press' on Sunday, and what the documented truth actually is, regarding the Trump Campaign's 2016 Trump Tower meeting with a Russian government-allied attorney said to have been promising dirt on Hillary Clinton that year. Giuliani's gob-smacking admissions that Team Trump committed a crime in 2016 by meeting with the Russian attorney "for the purpose of getting information about...Clinton" --- along with his evidence-defying claim that "she didn't represent the Russian government" and that Team Trump may not have known "that she was Russian at the time" --- will certainly be of note to Special Counsel Robert Mueller's probe into the alleged conspiracy to manipulate the 2016 Presidential election...
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On today's BradCast: Desi and I are back today. (Our thanks to Angie Coiro of In Deep Radio for filling in over the last couple of shows!) And we've got a lot to catch up on today --- including the fact that the crucial midterm elections are now less than 100 days away, and the paper ballots and other materials from the 2016 Presidential election may be destroyed entirely in just over one month, with nobody, to this day, actually knowing for certain who actually won it. [Audio link to show follows below.]
But, first up today, for some reason Donald Trump's lousy personal attorney, Rudy Giuliani, has spent the last few days seemingly making things much worse for his client. Most notably, in addition to suggesting that Trump may have known in advance about the infamous June 2016 Trump Tower meeting between his son, son-in-law, campaign chair Paul Manafort and a team of Russians promising "dirt" on Hillary Clinton, both Giuliani and Trump have now extended their ubiquitous claims of "no collusion" to become "no collusion, but even if there was collusion, that's not illegal."
They are both wrong, however, as we explain today. Collusion --- better known as "conspiracy", in this alleged case, with a foreign power working to influence the 2016 U.S. Presidential election --- would most certainly be unlawful. But why the sudden media offensive by Team Trump on this point, just before the first of two federal trials for Manafort was scheduled to begin today? We discuss.
Then, just over than three months from the crucial 2018 midterm general election, U.S. computerized voting and tabulation systems remain wildly unsecured and virtually impossible for the public to oversee (for the most part) in order to confirm that computer-reported results actually reflect the will of the voters. Today, better late than never, I guess, the Dept. of Homeland Security announced a new cybersecurity task force to help protect against attacks on critical infrastructure such as the power grid, our banking systems and, yes, the election system. But, in announcing the new effort, DHS once again misled the American people by suggesting that no votes were manipulated in the 2016 election. In truth, that point that remains unknown since, as DHS admitted last year, they never actually conducted forensic analyses of voting and tabulation systems --- nor even bothered to count existing hand-marked paper ballots --- to determine if the most startling election result in U.S. history was, in fact, manipulated or accurate.
Moreover, the ballots in question from 2016 (where such hand-marked paper actually exists) may be destroyed as early as September, after the 22-month federal requirement for retention of all election materials --- such as ballots and ballot programming code, etc. --- expires. We call today on citizens and legal organizations --- and the media --- today to file public records request to examine those ballots and/or at least ensure they are retained beyond the September expiry date, since almost none of the ballots cast in 2016 have ever been examined by human beings to determine if they were accurately tallied.
That is true in all 50 states. But nowhere in the U.S. is it more difficult to oversee the accuracy of election results than in Georgia, where Republican Secretary of State Brian Kemp reportedly won his GOP primary runoff for the gubernatorial nomination last week against Lt. Gov. Casey Cagle. As the Atlanta Journal Constitution describes, based on a new study, Cagle's failure to defeat Kemp in the runoff election, after easily placing first in the state's May primary, was the most dramatic runoff collapse in Georgia political history. And the paper doesn't note, though we do, that it was all done on the state's 100% unverifiable Diebold touchscreen voting systems "overseen" by Kemp himself.
Today we're joined by longtime Republican election integrity advocate MARILYN MARKS, Executive Director of the Coalition for Good Governance, to discuss all of the above and, specifically, her group's ongoing lawsuit against Georgia. The complaint demands the state dump their 15-year old, easily manipulated, unverifiable electronic vote-casting system before November, in favor of the state's existing hand-marked paper ballot system long used for absentee voting.
Marks tells me how this can easily be done in time for this year's general election (and in other states as well!), how SoS Kemp has been lying about state law in order to avoid such a switch, and whether or not we have learned any more, since last year, about the mysterious wipe of the state's long-vulnerable election server (and its backup) just days after her lawsuit was originally filed last summer.
On destroying the 2016 ballots, Marks joins our call for folks to file FOIA requests to keep the ballots from being destroyed: "I fear that many election officials in those swing states, that they are standing there over their records with a can of kerosene in one hand and a book of matches in other, just waiting for a month from now. ... People need to understand that there is no requirement that the records be destroyed after 22 months. That is up to each election official in each county. They can retain them as long as they want. They can't destroy them before 22 months, although I fear some of them have. But even if local citizens can convince their election official not to destroy them, even that is progress."
On the claim by the Trump Administration that results were not manipulated in 2016: "I have never have any confidence in that. That's not to say that I believe that voters were changed, but I don't have any belief one way or the other because there is no evidence. How do these people make this claim when no one has looked, and no one has any evidence one way or the other?"
On what citizens can do in locations where voters are forced to vote on unverifiable touch-screen systems: "Go now --- I mean NOW --- to your local election boards, local board of county commissioners, and demand paper ballots. Because they can get it!"
Much more, must-listen thoughts in our conversation today!
Finally today, the Koch Brothers' Republican political network --- which has spent hundreds of millions each election cycle over the past decade or more, supporting GOP candidates and attacking Democrats --- say they're now having second thoughts about Donald Trump and his toady Republicans in Congress. We explain why you shouldn't believe their crocodile tears of disappointment for a second...
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On today's BradCast, I'm sitting in for Brad and Desi. Nice to be back!
Today's news roundup includes this eternal riddle: is the tendency to be loathsome genetic? C.f. Trump, Trump Jr.: a deconstruction of yet another lying tweet, this time about market growth. Hint: again, TrumpCo trumpets financial news that only benefits the very few.
More news: Facebook's market drop sets a record – in fact, there’s so much going on with Facebook it's sprinkled throughout the show. A nod to an excellent Charles Pierce column in Esquire. And something small but wonderful on the medical marijuana front: a jury in Dublin Georgia solemnly listened to the case against Javonnie McCoy, who admitted he had marijuana for personal medical use. And yes, that's against the law. And the jurors shrugged and sent him home anyway. Seems they couldn’t get a head of steam up about a nice guy who wasn’t hurting anyone.
GARY FERGUSON, author of Land On Fire, joined me to tie the California conflagrations to global warming. This is a twofer: I include an earlier conversation I had with him on In Deep, explaining how the costs of a regional disaster become everyone's financial problem.
JOHN R. PLATT, editor of The Revelator, delves into a story that's too low-profile: shockingly high numbers of attacks on and Rewire News, tallies up what’s happening in legal and political realms on repro justice issues.
Lastly – it's Facebook again. Freedom from Facebook, a project of the Open Markets Institute, is one of a number of groups working to force Facebook to reform. BARRY LYNN, Executive Director of the Institute, explains how laws already in place can be used to make Facebook a better corporate citizen --- and help save news organizations at the same time.
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On today's BradCast: Happy birthday, Mr. President! To celebrate today, the New York Attorney general filed a civil lawsuit [PDF] against Donald J. Trump, his so-called "charitable foundation", and his children Eric, Don Jr. and Ivanka, charging that his foundation was used as little more than a personal and business slush fund, and to benefit his 2016 Presidential campaign. [Audio link to show follows below.]
All of that, NY Attorney General Barbara Underwood alleges in her suit, is in violation of both state and federal law. Many of the allegations against Trump's unlawful use of his foundation were reported in the run-up to the election, though much more self-dealing was discovered in the course of the AG's 2-year investigation, including that the Trump Foundation's board of directors had not met since 1999, that some board members had no idea they were even on the board, and that Trump's then-campaign manager Corey Lewandowski personally directed checks to be written from the foundation for campaign purposes.
Underwood's petition seeks nearly $3 million in reparations and to bar both Trump and his children from sitting on the boards of other nonprofit charitable organizations. She also refers the matter [PDF] to the Federal Elections Commission and the Internal Revenue Service for further investigation.
In other important news today, the U.S. Supreme Court issued a 7 to 2 opinion finding that Minnesota's polling place ban on t-shirts and buttons with political slogans, such as those worn by 'Tea Party' members at the polls in 2010, is overly broad and violates Constitutional First Amendment free speech protections. Slate legal reporterMARK JOSEPH STERN joins us to explain the Court's opinion, as well as the far more disturbing ruling from the GOP's stolen SCOTUS earlier this week, when the Court found 5 to 4 in favor of Ohio's voter roll purge scheme by Republican Sec. of State Jon Husted.
That scheme begins the process for removing voters from the rolls after a voter fails to vote in one single federal election. Stern discusses the troubling opinion which overturns the 6th U.S. Circuit Court of Appeal's 2016 finding that the Buckeye State's scheme directly violates the 1993 National Voter Registration Act's restriction against removing a voter from the rolls "by reason of the person's failure to vote."
On today's ruling, I am somewhat less sanguine about what the Court ruled than Stern is, but it's a close call. On the Ohio case, I think we're both in agreement. As he notes: "First, you are identified for a purge because you didn't vote just one single time, and second, you are purged because you failed to cast a ballot. Again, that would seem to go against not just the text but the express purpose of both [the National Voter Registration Act and the Help America Vote Law]. So for Alito to claim that he's just following the text of the law, and dissenters are trying to enact their own policy --- that rings absolutely false to me."
Sterns explains the largely semantic trick that Justice Samuel Alito used to, essentially, flip the provision written by Congress onto its head on behalf of the court's five Republican appointees; how the state's massive purges have disproportionately affected minority and low-income voters; and how Trump and Jeff Session's Dept. of Justice has reversed an unprecedented number of positions on federal laws since taking office.
Finally today, Desi Doyen joins us for the latest Green News Report, as even some Republicans appear to finally be turning against wildly corrupt fossil fuel industry "swamp monster" and EPA Administrator Scott Pruitt...
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On today's BradCast: The nation appears to be lurching ever closer to a full-blown Constitutional Crisis, as Trump and his team offer a series of extraordinary and largely unprecedented (save for Nixon) claims in support of sweeping Presidential powers, over the past few days, which would place the Executive completely above the rule of law. [Audio link to show is posted below.]
Over the weekend, Team Trump was once again on the offensive in the media, following the disclosure of a 20-page letter sent by Trump's attorneys to Special Counsel Robert Mueller in January, wherein they argued, among other things, that Presidents cannot legally be subpoenaed to appear before a grand jury, cannot be guilty of obstruction of justice, since they have unfettered power over all Dept. of Justice investigations, cannot be indicted while serving, and have absolute power to pardon anybody for any crime at any time for any reason.
Moreover, on Monday, Trump took to Twitter to charge that the Mueller probe is, itself "totally UNCONSTITUTIONAL" (his caps) and that he has "the absolute right to PARDON" himself. Many constitutional law experts disagree with many of those points.
In response, author, blogger, Slate contributor and Fordham University School of Law legal historianJED SHUGERMAN joins us on today's show to offer historical, legal, and Constitutional points of clarity and precedent on the power and scope of Presidential pardons, subpoenas, indictments and the expansive interpretation of those powers that Trump and his attorneys have been proffering in recent days.
Among the historically relevant cases and precedents referenced by Shugerman today: United States v. Richard Nixon, Bill Clinton v. Paula Jones, and even the more recent case of Rod Blagojevich, who, Trump recently said, he was considering pardoning after the disgraced Illinois Governor was convicted for trying to sell off the vacant U.S. Senate seat left by Barack Obama when he became President. "It's no accident that Trump is talking about pardoning [Blagojevich]," argues Shugerman, detailing how Trump sees him as unfairly convicted for simply using his constitutional powers, "even with a bribe, because that's just politics as normal. It's an incredibly cynical move."
"Just because the Constitution gives someone the power to do something, it doesn't mean they can use it for whatever purpose they want," he tells me. "Even if you have five good reasons for doing something, but one illegal reason, that illegal reason still makes it illegal."
"The Constitution says 'the President shall take care that the laws be faithfully executed'," Shugerman notes, while explaining why many of the current arguments being made by Team Trump may work effectively for propaganda purposes, but appear to have little legal basis or precedent, particularly while describing that a President would be acting "faithlessly" by pardoning himself. But, even if that happens, he says, he is confident (more so than I) that state prosecutors who are unbound by federal pardons, will pick up the prosecutorial ball against Trump and his cohorts.
[Update 6/5/2018: Shugerman and more than a dozen other distinguished constitutional law experts outline their case against Trump's expansive pardon powers claim in a letter to Trump's Whitehouse attorneys now posted here.]
Shugerman also describes the "bombshell" disclosure from that newly revealed letter from Trump's lawyers, in their admission that the President "dictated" the false written response from Don Jr. after the disclosure of the infamous June 2016 Trump Tower meeting with Russian nationals to receive "dirt" on Hillary Clinton.
Also on today's show...
Republican House Majority Leader Rep. Kevin McCarthy --- believed to be the front-runner to become the next Speaker of the House if the GOP maintains control of the chamber this November --- refused to respond to CNN's on-air questions over the weekend about the Trump attorneys' concession that they and the White House had lied to the public about the infamous 2016 Trump Tower meeting;
Despite his continuing lies and chaotic presidency, Trump remains wildly popular among Republicans, according to Gallup. As of his 500th day in office, he enjoys a higher "own party" approval rating than any other President since WWII, other than George W. Bush (following 9/11), at a similar point in their presidencies;
The U.S. Supreme Court allows a baker in Colorado to discriminate against a gay couple. (More on this tomorrow.)
Corporate CEOs are now admitting out loud that, despite record profits, a theoretically booming economy and huge recent tax cuts, they have no intention of raising pay for workers;
And, on the day before 2018 mid-term primary elections are held in eight states tomorrow, an Election Integrity author rings in to remind us that Russia isn't the only threat to vulnerable, easily-manipulated computerized election results in the U.S. --- not by a long shot...
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On today's BradCast: Why in the world did 16 U.S. Senate Democrats vote in favor of gutting central provisions of the Dodd-Frank banking reform bill, as originally put in place by Congress after the 2008 global financial meltdown to avoid another such catastrophe? That and many other disasters covered on today's show. [Audio link is posted at end of article.]
Ironically enough, the new bank deregulation bill was passed on Wednesday with the votes of those Democrats and all of the Senate Republicans on the tenth anniversary of the 2008 collapse. We're joined today by the U.S. Senate Banking Committee's former chief investigator, BARTLETT NAYLOR, who is now Financial Policy Advocate for Public Citizen's Congress Watch division. He explains what this bill will do and how it allows for the same type of dangerous speculation by big Wall Street banks that led to the Great Recession ten years ago.
Naylor says the bill is "going to take the guardrails down" for banks that have less than $250 billion in assets. "This is a class of banks that collectively took some $50 billion of bailout money. A dozen of them have engaged in misconduct and have been sanctioned by regulators int he last three or four years. This class would have included Countrywide, [which] made so many bad loans that it toxified the entire industry. By taking their eyes off this class, it invites another financial calamity."
He also offers his thoughts as to why it is that those 16 Democrats appear so willing to do the bidding of the Big Bank lobby, even as many other Democrats, led by Senators Elizabeth Warren of MA and Sherrod Brown of OH, strongly opposed the measure. "I suspect it's about campaign contributions, but I don't know why any Senator who is up for re-election wants to tell his or her constituents that they're trying to help the banks," Naylor tells me. "They're not trying to help consumers, they're trying to help the banks."
"Labor unions, faith groups, civil rights groups, consumer advocacy groups such as ours," all oppose the bill. "The only people that are supporting this bill are bankers," he argues. Naylor says it could still be stopped before final passage while it is being reconciled with an even more draconian U.S. House version. Donald Trump campaigned on gutting the protections of the Dodd-Frank law, whose provisions remain very popular among voters, adding still more questions as to why those Dems are going along with it, even in an election year.
All of that comes as Trump confirms his appointment of rightwing TV economist Larry Kudlow as his new top economic adviser, despite the fact that Kudlow had insisted the economy was booming under George W. Bush --- ("There's no recession coming," Kudlow wrote at the time. "It's not going to happen.") --- during the very same month in which economists have since concluded the Great Recession actually began.
But, all of those stories, sadly, are not the only disasters to report on today's show. We also cover the horrific pedestrian bridge collapse in Miami and a deadly explosion at yet another chemical plant in Texas today.
And all of that came after the White House announced new sanctions today against Russia, related to allegations of interference in the 2016 election and also for what the Administration describes as a concerted hacking operation targeting critical U.S. infrastructure like the energy grid, water and aviation systems and other key elements of the U.S. economy.
The Kremlin quickly vowed retaliation today in response to the new sanctions. And, while the move suggests somewhat of an about-face for this Administration, there still remains no explanation for why the Dept. of Homeland Security --- as concerned about hacks to our infrastructure as they claim to --- have yet to forensically examineany of the nation's extremely vulnerable computerized voting and tabulation systems (or even count any of the ballots!) for evidence of manipulation during the 2016 Presidential election.
Finally today, after late breaking news that Donald Trump, Jr.'s wife Vanessa is reportedly filing for divorce, Desi Doyen joins us for our latest Green News Report on, among other things, the nomination of Trump's CIA Director Mike Pompeo to become the nation's first climate science denying Secretary of State. Because everything is awesome!...
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About Brad Friedman...
Brad is an independent investigative
journalist, blogger, broadcaster, VelvetRevolution.us co-founder,
expert on issues of election integrity,
and a Commonweal Institute Fellow.