On today's BradCast: Boy, if Joe Biden's "weaponization" of the Justice Department against Trump and Republicans keeps going like this, there won't be any Democrats left who haven't been convicted of a crime! Too bad old Joe didn't realize he should have just packed the courts with corrupt judges, like Donald Trump did. [Audio link to full show follows this summary.]

First up today --- after a kick-off by TikTok's @DanasInspired; a few thoughts on Trump's appearance at the RNC on Monday night after the weekend's failed assassination attempt and his naming of Ohio's Sen. J.D. Vance as his running mate --- we start with news about today's conviction, on all counts, of New Jersey's Democratic Sen. Bob Menendez. The three-term U.S. Senator and former chair of the Senate Foreign Relations Committee was found guilty by a jury on Tuesday after a nine-week criminal trial on charges related to abusing his office to protect foreign associates from criminal investigations and to help funnel money to Egyptian officials. In exchange, prosecutors alleged, Menendez and his wife Nadine Menendez collected millions in gifts, cash and gold bars. She was charged as well, though her trial has been postponed for the time being as she undergoes cancer treatment.

Democratic Majority Leader Chuck Schumer and NJ's Democratic Governor Phil Murphy each called for Menendez to resign following the verdict. He had previously vowed to run for re-election as an independent this year, while Democratic Rep. Andy Kim has been nominated by state voters to run for his seat in November against Republican Curtis Bashaw in the Dem-leaning state.

But Menendez' corruption doesn't hold a candle to Donald Trump's, thanks in no small part to the corrupt jurists Trump appointed to lifetime positions on the federal bench while in office, many of whom are now returning the favor at an alarming rate in recent weeks. On Monday, it was U.S. District Judge Aileen Cannon's turn, apparently, to use her position to let Trump off the hook. In this case, dismissing his 40-count federal criminal indictment brought by Special Counsel Jack Smith in South Florida for Trump's theft of thousands of pages of highly classified national security documents upon leaving office; his repeated refusal to return them to the government; and his attempts to hide them from prosecutors and enlist Mar-a-Lago employees to help cover up and/or destroy evidence of the crimes.

In a remarkable 93-page ruling [PDF] issued on Monday, Cannon dismissed the entire federal case against Trump and his co-defendants on the basis that Smith's appointment as Special Counsel was somehow in violation of the Constitution and federal statutes. The argument made by Trump's attorneys and accepted by Cannon --- who had already been slow-walking the case for months --- was similar to those repeatedly rejected for decades by judge after judge, including appellate courts and, as our guest details today, unanimously by the U.S. Supreme Court in Nixon v. U.S. But Cannon, appointed by Trump at the end of his term and seated after he lost the 2020 election, appears to know more about the law than all of those other lesser judges.

We're joined today by former lifelong Republican and attorney KEITH BARBER, who writes on the law and Constitution for Daily Kos as "KeithDB", where he detailed Cannon's ruling yesterday. He explains why both the text of the Constitution and several federal laws written to allow Attorneys General to appoint Special Counsels in cases where it is important to avoid the appearance of a conflict of interest, prove Cannon's ruling wrong. But, as he argues today, being right on the law doesn't actually matter. "She just wanted to dismiss the case because her buddy Trump appointed her [and] gave her that job. It's time to return the favor, and so she has," he says.

Barber published a second article yesterday listing more than half a dozen Special Counsels and Special Prosecutors appointed similarly to Smith, from Archibald Cox and Leon Jaworski in the Watergate matter to Ken Starr during the Clinton Administration to Robert Mueller's probe of Russian interference on Trump's behalf in the 2016 election to the recent probe of President Biden himself by Special Counsel Robert Hur.

"A lot of people have gone to jail as a result of special counsels appointed by the Attorney General" over the years, Barber tells me. "None of them got the benefit of a rogue judge saying, 'Nope, all of that is not valid.' The Republicans and the MAGAs like to talk about this notion of two-tiered justice and how unfair it's been to Trump. No court accepted the notion that Special Counsels weren't authorized by statute and weren't something Attorneys Generals could do until it came to Trump. That is what two-tiered justice looks like."

If Cannon's ruling on Monday is correct, Barber asserts, then as part of the Mueller probe, former Trump attorney Michael Cohen's three-year prison sentence would have been unconstitutional and Trump associate and convicted pedophile George Nader would need to be freed immediately from his ten-year prison sentence, among other cases convictions that would need to immediately be revisited.

Will this ruling hold up to appellate scrutiny by the conservative 11th Circuit Court of Appeal, much less Trump's corrupted, packed, stolen and activist U.S. Supreme Court majority? We discuss that and much more.

Finally today, Desi Doyen joins us for our latest Green News Report, as the misery and power outages continue in Houston, Texas following Hurricane Beryl, thanks in no small part to state Republicans refusal to harden infrastructure for a climate changed world, and as Trump appoints flip-flopping climate science denier J.D. Vance as his Vice-Presidential running mate...

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On October 24, 1998, a group of activists from across the United States gathered in Washington DC to protest the Ken Starr investigation into Bill Clinton in the first rally ever organized on the Internet.

Darrell Hampton's umbrella group "We the People" was generally outraged at Starr's excesses; White House staffer Bob Weiner railed against Ken Starr for subpoenaing him for eating ice cream with a fellow Democrat; the fledgling group "Censure and MoveOn" (later to become MoveOn.org) was featured; and my "Truth in America Project" focused on the biased media promoting the investigation, media which had recently gained its dominance from the 1996 Telecommunications Act.

We all understood the long drawn out Grand Jury investigation of Bill Clinton had found no crimes, and so Starr et al manufactured a perjury trap to have an excuse to impeach the President. As I said on the Ellipse in front of the White House, "Is it okay for a big government attorney to work with a private civil lawyer to see if they can figure out a way to get a man to lie about his sex life so they can prosecute him for it?"

But what was just coming to light, and what has had a lasting damaging legacy, is the effect of the 1996 Telecommunications Act on our political landscape.

Brief history: When radio and television were first invented, broadcast pioneers and government officials recognized that radio had the potential to entertain and inform, but when used improperly, also to brainwash a population. So Congress passed the 1934 Communications Act, which limited any one owner in the United States to owning just 9 stations nationwide: 3 AM radio stations, 3 FM radio stations, 3 TV stations. The thinking was that by having multiple local owners, no one person could dominate the (publicly owned) airwaves with political rhetoric.

Ah, those were the days...

On today's BradCast: It was Day One of sixteen scheduled hours of Questions and Answers in the Senate Impeachment Trial of Donald John Trump on Wednesday. And it was absolutely fascinating. [Audio link to today's show is posted at end of summary below.]

Senators from both parties submitted written questions to be read aloud by Chief Justice of the Supreme Court John Roberts, who is presiding over the third such trial in U.S. history, and answered by the two teams of attorneys, the Democratic House managers prosecuting the two Articles of Impeachment against Trump, and the White House Counsel defending him. The brief answers by both sides supported their presentations made previously, and sometimes added additional claims. One example was when criminal defense attorney Alan Dershowitz, representing the President, claimed that Trump's pressure scheme to withhold $391 million in military aid to Ukraine in exchange for announcements of investigations into his political rivals was perfectly allowable because if the President felt his reelection was in the nation's best interest, then he can't be impeached for the scheme. All of it, Republicans continued to argue, is nothing more than a "partisan policy difference" between Democrats and the White House.

On the Democratic side, House Managers detailed how the White House counsel had repeatedly claimed the impeachment is invalid because the House failed to seek subpoenas in court for some witnesses before bringing the Articles to the Senate, even while the White House is in Court right now in related cases arguing the exact opposite, that House subpoenas of Executive Branch officials are illegitimate because the House has no right to oversee the Executive Branch. As Lead House Manager Adam Schiff explained: "Yes, we're to try to divine the intent of the Framers, but we are not to leave our common sense at the door."

But the most crucial dispute at the moment, perhaps, is whether witnesses such as Trump's former National Security Advisor John Bolton should be subpoenaed to testify in the trial after the New York Times reported this weekend that his forthcoming book offers first-hand corroboration of the Ukraine scheme that the President's attorneys have denied. All of this, as reported on Wednesday morning, the White House sent a letter to Bolton's attorneys on January 23 attempting to block the March 17 publication of the book on "national security" grounds; as Trump unleashed a tirade against Bolton on Twitter on Wednesday; and as Senate Majority Leader Mitch McConnell reportedly conceded on Tuesday night that he does not yet have enough Republican votes to block witnesses at the trial.

We're joined for expert insight and analysis on all of this today by Constitutional attorney JOHN BONIFAZ, Co-Founder of FreeSpeechForPeople.org and author of several books on impeachment, including The Constitution Demands It: The Case for the Impeachment of Donald Trump. Bonifaz' organization has been referenced at various times during the Impeachment proceedings, as they had called for Trump's impeachment on the day he was sworn in, charging that he was in violation of the Constitution's Emoluments Clauses as of that moment.

Bonifaz, argues today that "If this President is not removed from office, the House should proceed to advance new Articles of Impeachment. There is no reason why this President should not be held accountable for his cruel and unconstitutional imprisonment of children and their families at the border, for his obstruction of justice, for his abuse of the pardon power, for his racist abuses of power, for his violations of the Emoluments Clause --- the list goes on, and the President ought to be held accountable for those high crimes, as well."

He also responds to several of the defense arguments offered by the White House's attorneys; offers his thoughts on whether Bolton and others (including the Bidens) should be called as witnesses; gives his impressions of the case brought to date by Democrats; calls out both Dershowitz and White House attorney Ken Starr (who led the impeachment investigation against Bill Clinton) for hypocrisy; and explains his own consistency in supporting Impeachment of George W. Bush, Donald Trump and, yes, Bill Clinton at the time, for Abuse of Power by each of those Presidents...

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On today's BradCast: The President's defense team picked up on Monday where they left off on Saturday in their Opening (and potentially Closing) Argument in the Senate Impeachment Trial of Donald John Trump. But that defense was hit with a major bombshell by the New York Times on Sunday which could (emphasis on "could") turn out to be a game-changer for the previously expected course of this trial. [Audio link to program is posted at the end of this summary.]

But first, and before we eventually open the phones today, a few updates on the tragic Sunday death of Los Angeles Lakers' legend and NBC icon Kobe Bryant, who was killed along with his 13-year old daughter and seven others during a helicopter ride on a very foggy day just outside of L.A. While the shocking death of the 41-year old Bryant has reverberated around the globe, the pain of his loss was particularly acute here in Los Angeles yesterday.

In other Los Angeles news with national implications, we've got a bit more information on Friday's "conditional certification" [PDF] by CA Sec. of State Alex Padilla of L.A. County's new, 100% unverifiable touchscreen voting system set for first-time use in the upcoming March 3rd Super Tuesday Presidential primaries. Among the updates, we've got a bit more information on the so-called "hand-marked paper ballot" that Padiila has ordered be made available at Voting Centers "for any voter that requests to cast" one. It will, according to the Secretary's mandate, be a "write-in absentee ballot," modeled on the Federal Voting Assistance Program's federal write-in absentee ballot [PDF] --- meant as a ballot of last resort for overseas voters who do not receive a normal absentee ballot in time to cast a vote --- that requires voters to write in all of the names of the offices and candidates for which they would like to vote. As much confusion and chaos as L.A. County's new, $300,000,000 "Voting Solutions for All People" or VSAP voting system is likely to cause at the polls this year, the provision for a second-rate, hand-marked "write-in ballot" as the only means for casting a hand-marked ballot at the polling place, is likely to make things even more chaotic. We detail that, and a few other points related to the certification of the new system on Friday, despite a newly filed lawsuit and warnings from cybersecurity and voting systems experts after its failure to meet more than 40 California Voting System Standards, according to the independent testers hired to analyze the system during Padilla's certification process.

Next it's on to the President's lawyers' case being presented once again as we went to air today, in the U.S. Senate, where Ken Starr (yes, that Ken Starr, the Special Prosecutor who recommended impeachment against Bill Clinton for lying about an affair) argued hypocritically that Trump could not Constitutionally be impeached for Abuse of Power (Article 1 of the two Impeachment Articles against him), even though Starr's own recent book on impeachment explains that Abuse of Power was the capstone of Clinton's impeachment case in 1998. That, and his argument that impeachment was just too divisive to put the country through without a bi-partisan political consensus was a bit hard to stomach for those of us old enough to remember the Clinton impeachment.

But the most noteworthy Impeachment-related news today is John Bolton, Trump's former National Security Advisor, reportedly charging in a manuscript of his new book, according to the New York Times, that Trump was directly involved in the unlawful freeze of $391 million allocated to Ukrainian for military assistance, unless the Ukrainians agreed to turn over documents related to an investigation of Joe Biden meant to help Trump's 2020 reelection changes. That alleged Abuse of Power is at the heart of Trump's impeachment, and the manuscript of Bolton's forthcoming book reportedly charges that Attorney General Bill Barr, Sec. of State Mike Pompeo and Trump's Chief of Staff Mick Mulvaney were all directly aware of the scheme, according to the Times blockbuster report.

That explosive news on Sunday has, according to several different news outlets, led a number of key GOP Senators to rethink their previous votes against calling for new witnesses and documents in the Senate Trial. Will four or more Republican Senators now agree to vote in favor of subpoenaing Bolton and other related (and/or unrelated) witnesses? That appears to be the question of the moment in this matter as we go to air today, and one we open up to discuss with callers near the end of today's program...

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Is Bernie "unelectable" as many well-paid pundits and columnists have argued? We take an evidence based approach to that question on today's BradCast. [Audio link to full show is posted below.]

But first, with the end of the Public Comment period for certification of Los Angeles County's $300,000,000 boondoggle of a new, 100% unverifiable touchscreen voting system coming to a close next Monday, Jan 20th (Martin Luther King Day holiday!) at 5pm PT, it's great to see Libby Denkmann's comprehensive piece at LAist, on the potential nightmares for L.A. voters in the making. Her piece is headlined "LA's New Voting System Is Still Uncertified. Why Election Security Experts Are Worried". She picks up on many of the points we highlighted when we broke the story earlier in the week of more than 40 violations of California Voting System Standards discovered by the independent testing team hired by the CA Sec. of State during the certification process.

We also follow up on Denkmann's scoop from earlier in the week, regarding the Beverly Hills City Council's recent vote to explore a lawsuit against Los Angeles County because the new, unverifiable touchscreen voting system forces voters to notice a "MORE" button if they wish to see more than the first four candidates listed on the ballot in any particular race. That button is right next to the "NEXT" button that would take voters to the next race without seeing all of the candidates in the current race. A listener writes in with a couple of solutions to that huge design flaw on these incredibly expensive "electric pens" that L.A. is investing in, instead of a much cheaper, much more secure and reliable, overseeable HAND-MARKED paper ballot system.

Then, with many in the pundit class helpfully informing us that candidates like Bernie Sanders and Elizabeth Warren are just too progressive to be elected in the 2020 general election (many of these same pundits also told us Donald Trump could never be elected, by the way), we take an evidence-based look at those claims.

The question, however, begins with dismantling the notion that pack journalism and "conventional wisdom" on such matters should be trusted. For example, conventional wisdom tells us that members of the active-duty military will be big supporters of Trump's again this year. Actual evidence, such as the annual opinion poll of active-duty subscribers to Military Times, reveals a very different set of data than that presented by much of the media. That poll, taken at the end of last year, finds that half of respondents view Trump unfavorably, with 45% viewing him "VERY unfavorably". His overall ratings have dropped dramatically since the military publication's first annual poll in 2016. Moreover a plurality back impeachment for their Commander-in-Chief! (And today's Washington Post story on Trump railing at his Generals as "a bunch of dopes and babies" probably won't help him much either.)

In fact, as we discuss with our guest, historian, author and election fraud investigator RICHARD HAYES PHILLIPS, nobody really knows anything. At least when it comes to the paid pundits substituting their opinions for actual facts. Phillips published a fact-based analysis of the questions regarding Sanders electability at The BRAD BLOG on Friday, based on known raw numbers from the 2016 primary (with a particular eye on the "Blue Wall" states of WI, MN, PA, MI, IA and OH) and what can be gleaned from opinion polls today.

While avoiding punditry and predictions, Phillips' findings --- at least based on what we know at this time --- suggest that Sanders is, indeed, electable. Whether he would still be by the time Republicans got finished with him, or whether he is more electable than someone like Joe Biden or Elizabeth Warren, remains unknown no matter what the TV talking heads tell you. "Take your pick," he tells me when I ask whether his analysis today will hold up even after Trump and the GOP media turn their fire on Sanders if we wins the Democratic nomination. "Which three words do you want to hear Donald Trump say over and over again in the same sentence 10,000 times? Do you want to hear 'Biden Ukraine corrupt'? Do you want to hear 'Bernie crazy socialist'? Do you want to hear 'Pocahontas crazy socialist'? I don't even want to think about what he would say about Pete Buttigieg. I'm not going to go there."

Noting that his work "is based upon numbers and not opinions," he suggests voters should vote for who they like in the primary and forget about "electability", before adding his key takeaway: "The lesson to this is that the most important thing that Democrats can do is to unite behind the winner and not split the opposition. Trump's best scenario is a 3rd party candidate on the Left siphoning enough votes from whoever wins the Democratic nomination to throw the election to Trump."

Phillips argues: "My advice is that Democrats should not be afraid of a spirited primary contest between two or more viable candidates. What they need to do, as recent polling data also reveal, is united behind the ultimate winner. You can't just take your ball and go home and mope because your candidate didn't get the nomination. That's what Trump wants you to do."

It is certainly true that Republicans will say anything, do anything, to win the general election against whichever Democratic candidate ends up winning the nomination. We close with one amazingly audacious recent clip from House Minority Leader Kevin McCarthy (R-CA) on Fox "News" that underscores precisely that point...

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On today's BradCast: Our long 'Digby' drought is finally over! [Audio link to show follows below.]

But, first up today, an update on the ongoing counting from (and fights over) last week's incredibly close GOP gubernatorial primary in Kansas between Sec. of State Kris Kobach and Gov. Jeff Colyer, who is accusing Kobach's deputy of giving incorrect instructions to counties regarding the counting of provisional ballots. Some 9,000 provisionals are now being processed as Kobach leads the current unofficial count by just over 100 votes out of some 311,000 cast last week. The latest battle is over whether provisional ballots cast by unaffiliated voters who did not officially declare a party affiliation at the polls (because poll workers failed to instruct them to do so) should be included in the tallies. Colyer's office argues yes. Kobach's deputy --- who is overseeing the post-election canvas following Kobach's recusal --- says no. We explain both positions.

Meanwhile, in neighboring Missouri last week, Republican voters in Clay County appear to have elected a huge Hitler fan, by a very large margin, as their nominee for the state House of Representatives. Earlier this year a former member of the American Nazi party won the GOP nomination for the U.S. House of Representatives in a Congressional district outside of Chicago.

Then, as the defense rested Tuesday without bringing forward any evidence or witnesses in the first of two federal indictments against former Trump Campaign chairman Paul Manafort, we're joined by HEATHER DIGBY PARTON of both Salon and Hullabaloo, to catch up on a number of stories boiling over from within the Trump Scandal Swamp.

Most notably, she explains her recent spot-on observation that the Whitewater scandals during the Clinton Presidency, rather than Nixon's Watergate scandal, may offer "a better window into the current behavior of the Republican Party" when it comes to their denial of and outrageously partisan attacks on Special Counsel Robert Mueller's investigation into alleged Team Trump/Russia coordination in the 2016 Presidential election.

After drawing apt comparisons to Watergate (and there are plenty), Parton moves to Ken Starr's Whitewater investigation. "What the Republicans did in that era --- it was kind of the beginning of this 'scorched earth' partisanship that we see today. They brought all hands on deck to go after Bill Clinton, starting in 1992," she says. After which, "they started to use this scandal-mongering as a political weapon. This became their weapon of choice."

Thus, she concludes, "that's how they're viewing the Russia scandal. They are portraying it to their people as a partisan weapon, that 'They're using all of this to damage Trump, there's no substance to it!' In their view, they can convince their people that this is how scandals work because that's what they do" in their own so-called investigations, which really are, more often than not, the "witch hunts" that Trump and Congressional Republicans characterize the probe by Mueller (a lifelong Republican) to be.

While we're in the swamp, we also discuss the Manafort case, Trump's Dept. of Justice firing of senior FBI counter-intelligence official Peter Strzok (who oversaw the beginning of the Trump/Russia investigation in 2016) on Monday, and the importance (or lack thereof) regarding sensational new allegations being made by fired White House staffer and former TV reality star Omarosa Manigault Newman this week, in conjunction with the release of her new tell-all book.

Finally, we're joined by Desi Doyen for our latest Green News Report in which, among other things, we discuss more record heat and fires threatening national parks and forests, the Trump Administration's efforts to use those disasters to cripple the Endangered Species Act and help out the logging and farming industries, and Interior Secretary Ryan Zinke's on-tape charge that "environmental terrorist groups" are to blame for massive record wildfires currently engulfing large areas of the West...

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