Justice isn't gonna demand itself, apparently. So we're happy (if that's the right word here) to continue doing it ourselves on today's BradCast, along with a bit of help from an actual, longtime homicide prosecutor. [Audio link to today's full show is posted below this summary.]

But, first up, the mess the perps have left us with. New COVID cases are on the rise again across much of the country in recent weeks, even as the death rate is falling. But deaths tend to lag infections, which has officials concerned as we head into the holiday season once again. We take the opportunity to catch up on where the nation is in that regard, with recommendations for all to get booster shots as soon as feasible, and fresh, empirical, conclusive evidence that masking up is still the best non-pharmaceutical defense against the disease for both the vaccinated and unvaccinated alike.

In slightly brighter news, of a sort, Oklahoma's Republican Governor actually did the right thing on Thursday, if only at the last minute, by granting clemency to 41-year old Julius Jones who had been scheduled to be killed by state the today for a crime that occurred more than 20 years ago. Just hours before he was to be put to death, Gov. Kevin Stitt converted his sentence to life in prison for a murder that Jones has insisted he had nothing to do with. His case gained notoriety following a three-part documentary produced by Oscar-winning actress Viola Davis that aired on ABC in 2018. The clemency was also appropriate after the state had paused its capitol punishments following horrifically flawed executions by lethal injection in 2014 and 2015. After restarting them last month, a 60-year old prisoner convulsed and vomited as he was killed.

But speaking of murder by the government, a week or two ago on The BradCast we were joined by our friend, author and progressive talk show host Thom Hartmann, to discuss his case for mass second degree murder against Donald Trump for what he described as the disgraced former President's purposeful mishandling of the COVID pandemic in 2020. Thom's case is largely predicated on evidence revealing that, after initially taking the coronavirus seriously, the Administration changed course once they came to believe the disease was far more fatal against minorities who lived in blue states --- in other words, those who were unlikely to vote for him last year anyway.

Since we spoke with Hartmann, there has been additional damning evidence unearthed against the Trump Administration's COVID response, released by the U.S. House Select Subcommittee on the Coronavirus Crisis, based on testimony from a number of both current and former Administration public health officials. The new information from those officials includes testimony, for example, from then White House COVID Task Force coordinator Dr. Deborah Birx, who reportedly believes that at least 130,000 lives could have been saved, had the the Administration taken appropriate action. Other officials have reportedly detailed how the White House blocked the CDC from sharing health guidance with the public while officials were even instructed to delete emails regarding directives on the pandemic response.

One of the maddening questions that arose during our discussion with Hartmann was why it seemed to be falling to a couple of radio hosts to even be building this public, legal case of accountability for mass murder by Trump in the first place. Where were the state prosecutors? Where was the Dept. of Justice and Attorney General Merrick Garland? Were we completely off-base in even suggesting criminal liability for mass homicide by a former President? That, as Hartmann conceded that he was, by and large, taking his best guess, as a layman, at whether charges for homicide by Trump should consist of first or second degree murder or something else entirely.

I heard from a number of folks after that program with thoughts on our conversation, including from several attorneys, two of whom had somewhat differing views on Trump's criminal liability. One suggested that, indeed, second degree murder charges seemed to fit the crime, while another felt that Trump had no direct culpability in the deaths of hundreds of thousands of Americans. Or, at least, that it would likely be very difficult to prove any such culpability. We share the thoughts from both today.

We also heard from others who noted there was, in fact, someone else making a public case to bring homicide charges against Trump for some time. Specifically, we were pointed to longtime Washington D.C. homicide prosecutor, Glenn Kirschner, who now has his own podcast called Justice Matters. Kirschner spent some thirty years prosecuting murder cases, eventually becoming D.C.'s chief homicide prosecutor. On today's program, we share a clip from a podcast he released last December, shortly after revelations that the Administration had largely given up on trying to stop the spread of COVID and were, in fact, hoping that it would spread widely in order to eventually achieve herd immunity. That, even as infectious disease experts believed at the time that reaching herd immunity would take years and, literally, millions of American deaths before enough of the population would have enough immunity to halt the spread.

At the time, Kirschner used his podcast to explain what he saw as a clear cut case of what he described as "criminally negligent" or "criminally reckless homicide" (noting that the crime has different names in various jurisdictions). He explained how both Trump and Vice-President Mike Pence, who headed up the White House Coronavirus Task Force at the time, were "criminally responsible for needless coronavirus deaths" by the end of last year and the deaths of some 350,000 Americans at that point.

In his December 2020 podcast, Kirschner shared his belief, as a former prosecutor, that both Trump and Pence met the tests for such charges. Today, we continue to ask if any current prosecutors --- whether at the state or federal level --- are actually working to build such a case. And if not, why not?

Finally, we're joined by Desi Doyen for our last Green News Report before next week's Thanksgiving holiday. (We'll be taking the week off in desperate need of recharging our batteries and making up for family time lost during the worst of the pandemic last year.) Among the stories covered on today's GNR: disastrous extreme flooding in the Pacific Northwest on the heels of disastrous and deadly extreme heat in the same region just months ago; the Administration's controversial court-ordered oil and gas lease sale in the Gulf of Mexico; and President Biden's trip to Detroit to this week to promote both his new infrastructure plan and new, American-made electric vehicles...

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As usual, we're looking both forward and back on today's BradCast...and not a whole lot of it looks fantastic in either direction. But their could be some accountability on the horizon, which always looks good to us. [Audio link to full show is below this summary.]

First up, some climate and "sausage making" news. New polling finds that a majority of Americans --- in both major parties --- now finally see our quickly worsening climate crisis as being of "high importance" to them. We break down the new survey and what it does and doesn't mean.

In related matters, as discussed on yesterday's program, there is still a chance that the U.S. could meet President Biden's pledge to cut greenhouse gas emissions that cause global warming in half by 2030 and reach net zero emissions by 2050, even after corrupt, coal-state Democratic Sen. Joe Manchin insisted on removing the key program for clean electricity from Biden's Build Back Better reconciliation bill. That program would have paid utility companies to move quickly to clean energy sources and penalized those that stuck with dirty, dangerous fossil fuels like coal and natural gas. But those already long odds may be getting much longer if Manchin is successful in removing yet another key climate provision from the bill, fees that are to be levied against the release of methane from oil and gas wells. Desi Doyen explains why that program is so important and how killing or weakening it, as Manchin reportedly wants, could be a fatal blow to our chances of surviving our ongoing climate emergency.

Next, the Biden Administration this week has, for a second time, rejected our disgraced, twice-impeached former President's attempt to invoke Executive Privilege to prevent the release of more Trump-era White House documents regarding the attack on the U.S. Capitol on January 6th. The documents are the second tranche requested of the National Archives by the U.S. House Select Committee investigating the Trump-incited attack.

That bad news for the former President (but good news for all democracy-loving Americans) comes on the heels of a series of reporting shedding additional light on Trump's attempt to steal the 2020 election, including by insurrection at the Capitol. Over the weekend, Washington Post detailed the "war room" effort carried out at the historic Willard Hotel near the White House from December through January, as Trump's activist lawyers, goons and other operatives, such as Rudy Giuliani and Steve Bannon, plotted various ways to overturn Joe Biden's victory.

Another report over the weekend from Rolling Stone documents the ways in which at least seven GOP U.S. House Reps participating in the planning of the rallies that led to the assault on the Capitol. Those members of Congress, according to two of the organizers who served as sources for the magazine (who are also said to be cooperating with the Jan. 6 Committee) are Marjorie Taylor Greene (R-GA), Paul Gosar (R-AZ), Lauren Boebert (R-CO), Mo Brooks (R-AL), Madison Cawthorn (R-NC), Andy Biggs (R-AZ) and Louie Gohmert (R-TX). In the wake of the reporting, a number of Democrats in the House are now calling for the expulsion of those Republican members.

The Rolling Stone report also cites Gosar as encouraging the two unnamed organizers by telling them they could expect a "blanket pardon" from the President for a separate, unidentified matter in which they are said to have been involved. If true, Gosar's (apparently false) promise, if it was actually made, also seems to place Trump himself squarely at the center of organizing the conspiracy that eventually became a deadly attack on the U.S. Capitol.

Monday, on MSNBC, Bob Woodward and Robert Costa, who detailed the Willard Hotel war room in their new book PERIL, offered more details, with Woodward reporting that the pair had "talked recently with a former Republican head of the Criminal Division in the Justice Department who said there is a 'lay down case,' just in what we know --- 18 U.S. Code, Section 371 --- a law that says it is a crime to defraud the government in any deceptive way, and that's exactly what they did here."

Last night, citing Woodward's comment, our guest today, KEITH BARBER, who blogs at Daily Kos under the name "KeithDB", broke down exactly what 18 U.S.C. § 371 actually is and how it could or should be applied here. In addition to being a regular dKos contributor on legal and constitutional matters, Barber is a former U.S. Army Captain, a longtime (now retired) attorney, and a lifelong Republican, at least "pre- Trump", according to his profile at the website.

Today, he walks us through the statute in question today, explaining how it is interpreted by the DoJ and how it appears to apply quite perfectly to both Trump and his cronies in their efforts to steal last year's Presidential election through deception and fraud.

Citing the DoJ's own explanation for its attorneys, Barber notes that he "was really surprised how stunningly broad" the statute is. "It basically can refer to impairing, obstructing or defeating the lawful function of any department of government, or depriving any department of government of its lawful right and duty required by law."

"Here," he continues, "we have counting of the Electoral College votes, very much required by law. That has to be done. A duty of Congress by law. And, arguably, the efforts going on in that 'war room', even setting aside the violence question --- the efforts to, through legalese and bogus Constitutional means, overturn the election --- constituted an effort, through deception and dishonesty, to overturn the election." Barber argues that Trump's criminal conspiracy seems to perfectly meets the DoJ's definition of the law, exactly as Woodward and Costa's former DoJ source posited.

Then, of course, the question is: Will the House Select Committee on January 6 cite that section of federal law and, more importantly, will the DoJ take action to enforce it against Trump and/or his cronies? As we also discuss, the DoJ has been less than aggressive in upholding the conspiracy law against Trump in other matters, such as the criminal conspiracy that both federal prosecutors and his former lawyer, Michael Cohen, allege that Trump "directed" in the hush-money payoffs to adult film actress Stormy Daniels --- for which his co-conspirator Cohen served time in prison.

There's much more in our conversation, including what to make of Gosar's alleged promise of "blanket pardons" and whether the attempts by Trump attorneys, such as John Eastman and Rudy Giuliani, to avoid testimony to the January 6 Committee by claiming attorney/client privilege, will legally hold up. (Spoiler: It won't, explains Barber.)

Finally, we're joined again by Desi Doyen with our latest Green News Report on one of the busiest weeks in climate news in our 12 years of producing the GNR. So, I won't even try to summarize it here. But, please do tune in for that and much more on today's BradCast!...

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We warned you weeks ago to "buckle up" for what was to come between then and Election Day. On today's BradCast, a mountain of reminders as to why we issued the warning, as we hope that everyone remains buckled up until the madness comes to a full and complete stop. [Audio link to full show follows below.]

We begin today with the news that rocked the nation on Wednesday and continues reverberating today. Excerpts of audio recordings from Bob Woodward's eighteen separate interviews with Donald Trump for his new book revealed (among many other things) that the President was fully aware of the dangers of the coronavirus crisis as early as the beginning of the year, even while he was misleading the public about it. During one recording on February 7th this year, Trump told the Washington Post's Watergate journalist that the virus was transmitted through the air, was "more deadly than your strenuous flues" and was "deadly stuff". By March 19th, he is heard on tape telling the best-selling author that the COVID-19 disease was also affecting "plenty of young people" and that he "wanted to play it down" because, according to the recordings, he didn't "want to create a panic".

At the exact same time that he was telling Woodward one thing, Trump was lying about the virus publicly as more than 190,000 Americans have now died in the months since he first made clear to Woodward that the disease was wildly contagious and lethal. In mid-March, when he explained his strategy of down-playing the virus, only 150 Americans had died. Still, Woodward sat on the information until this week.

No doubt you've seen the reactions by now from many Democrats, including Joe Biden and even from anti-Trump Republicans. But what of the responsibility that Woodward himself had to warn the public about what Trump knew but was refusing to acknowledge publicly --- and, in fact, was lying publicly about?

We're joined today by investigative journalist DAVID SIROTA, former speech-writer for Bernie Sanders' 2020 campaign and now founder of the "Too Much Information" (TMI) newsletter. On Wednesday, in his TMI column, Sirota charged (as we long have) that Trump's actions constitute "a horrific crime against humanity," but, he adds, "it was aided and abetted by the popular face of investigative journalism: Mr. All The President's Men himself."

"The President of the United States said something to the nation's most famous reporter, and the most famous reporter sat on that information for seven months while tens of thousands of people died," Sirota says today. "Donald Trump committed a crime against humanity and Bob Woodward drove the getaway car."

Sirota is not the only journalist, progressive or otherwise, who has been highly critical of Woodward over the past 24 hours. So has Esquire's Charlie Pierce. So has The American Prospect's David Dayen. So has even the Washington Post's own Margaret Sullivan. And so are we.

"As a journalist, your job is to get the news from elected officials and to, at minimum, report what they say, and certainly report discrepancies in what they are saying," Sirota argues. "Your job is not to suppress that information, to hold that information while tens of thousands of people die, and to hold it to juice your book sales later on at a more opportune time. That is what happened."

Woodward has attempted to defend himself in several interviews since WaPo released the stunning recordings (which also reveal much more than Trump's secret views and/or knowledge about COVID-19). Sirota responds to Woodward's limp defense and to Trump's use of Woodward as "a human shield" today, when the President tweeted that Woodward's failure to release the information earlier was evidence that Trump's remarks were not "bad or dangerous," otherwise Woodward would have "immediately report[ed] them in an effort to save lives."

Sirota describes the entire fiasco as a "collision of both the corrupt political system and a deeply corrupt media culture" and tells me: "I genuinely believe that this is the biggest scandal in modern journalism."

As journalists, he asserts, we have "a duty to warn". Ironically, as the Poynter Institute, a journalism think-tank and fact-checking organization, reports in its own story asking "Was it unethical for Bob Woodward to withhold Trump’s coronavirus interviews for months?", Woodward himself is very aware of that duty --- if, perhaps, not for himself. "Woodward will be on CBS’s '60 Minutes' Sunday," Poynter's Al Tompkins reports. "In an excerpt of that interview, Woodward told CBS’s Scott Pelley, 'The president of the United States has a duty to warn.'"

Next up --- if you're still buckled in --- a new report from Microsoft today finds that Russia's military intelligence agency, the G.R.U., the same group alleged to have hacked and leaked email from the Hillary Clinton Campaign in 2016, is back at work in 2020 and has become more adept at covering their tracks. Moreover, the findings of the report contradict the Trump Administration's claims about both Russia and China. And for good reason. The Administration has corrupted U.S. intelligence to report what Trump wants the public to believe, rather than actual facts.

The new report alleges that Russia is attempting to access material from both the Trump and Joe Biden campaigns, and that China --- which Trump and the White House National Security Advisor and the U.S. Attorney General all claimed to be a greater threat to the 2020 election than Russia --- is actually focused on hacking Biden, not Trump. The Administration has claimed, falsely apparently, that China prefers Biden over Trump. Today's report, however, suggests just the opposite.

Given the extraordinary whistleblower report released on Wednesday by the House Intelligence Committee from one of Trump's senior officials at the Department of Homeland Security, none of this should be a surprise. The official, Brian Murphy, details in his complaint how he was instructed to change intelligence to remove references to Russian interference and add threats from China and Iran instead, because Russian interference in the U.S. election "made the president look bad," according to complaint.

Murphy's complaint also details how he and others were instructed to change intelligence assessments to match Trump's misleading claims and rhetoric regarding "antifa", to minimize the greater threat of White Supremacy groups, and to downplay anything about Russia all together. He says he was also instructed to change data to match the Administration's false narrative about terrorists coming across the U.S.-Mexico border, and about the dismal conditions in Central America that were undermining the Trump Administration's asylum policies. The result, Murphy charges, is intelligence assessments that "more closely resemble a policy document...than an intelligence document.”

As noted on today's show, this is decidedly not how intelligence gathering and analysis is supposed to work. In fact, it's the exact opposite. Murphy refused to make the changes mentioned, and he was eventually cut out from work on the national Homeland Threat Assessment and demoted from Deputy Under Secretary in the DHS Office of Intelligence and Analysis to a position in the agency's Management Division.

Finally, as if all of this wasn't nightmarish enough, the delightful Desi Doyen joins us for our latest Green News Report on the man-made climate change-fueled wildfires now exploding up and down the West Coast, the media's failure to tie them to our climate crisis, and Trump's pre-election flip-flop on offshore oil drilling to try and win votes in the battleground state of Florida...

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We catch up with quite a bit on today's BradCast, after being buried for much of last week in the U.S. Senate Judiciary Committee hearings for dishonest and disingenuous GOP operative, Judge Brett Kavanaugh, as Donald Trump's pick to replace Justice Anthony Kennedy in the "swing vote" seat on the GOP's already-stolen U.S. Supreme Court. [Audio link to full show is posted below.]

We discuss that as well today (and whether Democrats should pack the Court if they ever return to power, as we discussed with David Faris on last Wednesday's show) and much more with tons of callers.

But first, we lead off with the latest on the fearsome Category 4 Hurricane Florence now barreling toward the U.S. Eastern seaboard, fueled by record warm waters, and currently projected to slam the Carolinas with, potentially, as much as four feet of rain as the storm is predicted to stall near the coast.

At the same time, Hawaii is facing down Hurricane Tropical Storm Olivia this week, just two weeks or so after Hurricane Lane dumped record rainfall on the islands, in the second worst rainfall event in recorded U.S. history (second only to Hurricane Harvey in Houston just last year.)

We also have some much brighter news, however, for our climate-changed world out of California today, as Gov. Jerry Brown signed SB-100, a landmark measure to require the state (with the world's fifth largest economy) to transition to 100 percent carbon-free electricity by 2045. Along with it, Brown also signed an executive order that would result in carbon-neutral energy production and use for the entire state (including cars!) by 2045 as well!

With that bit of brief, albeit very good news out of the way, we turn to catching up with an Administration (still) in crisis upon the release of Bob Woodward's new book, FEAR: Trump in the White House and the anonymous op-ed purported to have been penned by a senior Trump Administration official last week, claiming that senior insiders have been secretly blocking the worst of Trump's most dangerous impulses and, last year, even considered invoking the 25th Amendment to remove the President.

We open up the phone lines today to all of the above, for tons of interesting thoughts from listeners on the op-ed (is the writer a hero or a coward --- or a scammer?), the Kavanaugh hearings and the Democrats' surprisingly unified response to the GOP rush to confirm him before they may lose their slim Senate majority in the upcoming midterms, and much more, as Hurricane Donald continues to lay waste --- or, at least, tries to --- to much of our nation...

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