Today's BradCast, not unlike today's news, goes from grim to grimmer...But we find a reason or two to smile every now again. Really! I promise! [Audio link to show is posted below.]

Among the tales told of our broken country on today's program...

• Breaking right at the top, Trump's Dept. of Justice announces 17 new charges filed against WikiLeak's Julian Assange, "including a virtually unprecedented move to charge him with publishing classified material," which serves as a very serious threat to the First Amendment rights of all journalists and media outlets;

• Breaking over night, 13 tornadoes were confirmed across Missouri, including a "violent" twister that ripped through its capital of Jefferson City. One near Joplin lead to the deaths of three, eight years to the day after a tornado, one of the deadliest in U.S. history, killed 160 in the southwest MO town. In total, there have been more than 130 tornadoes over about a half-dozen states in just the past week...for some reason;

• A breakthrough in the Senate on Thursday as the White House finally agreed to support a long-awaited disaster relief bill that does not include more money for Trump's border projects. But it does include $19 billion in actual disaster relief funding to hurricane, tornado, flooding, and wildfire ravaged states in the Southeast, Midwest, California, Puerto Rico and elsewhere after Trump held up the measure for months in hopes of border money and to block much-needed funds for Puerto Rico where communities were wiped out and thousands of Americans killed following 2017's Hurricane Maria;

• The Trump Administration announced another $16 billion giveaway to farmers --- on top of the $11 billion bailout they were given last year --- as compensation for Trump's ongoing trade war with China that has broken import/export markets around the world, hitting Trump supporters in farm country particularly hard. As it has become clear that President Stable Genius' trade war with China shows no sign of ending any time soon ("They're really easy to win!," he has repeatedly said) and as the cost of his import tariffs (new taxes on Americans) continue to add up, world financial markets are "buckling" again today;

• And, as all of that is ongoing, Trump appears to be coming even more unglued by the day, as the noose of his own criminality continues to tighten. Witness his insane tweets attacking his own former Sec. of State Rex Tillerson, who he described on Twitter today as "'dumb as a rock' and totally ill prepared and ill equipped to be Secretary of State." Maybe. But whoever would hire such an ill-prepared dolt for such an important job must be even dumber, apparently. Trump's comments were in response to testimony the former Secretary of State and Exxon-Mobil CEO gave to Congress this week, in which he detailed for hours how embarrassingly unprepared Trump was for a two-hour meeting with Russian President Vladimir Putin during the 2017 G-20 summit;

• And yet, with all of that, House Speaker Nancy Pelosi, who charged on Wednesday that Trump was "engaged in a cover-up", vowed at her weekly press conference on Thursday that House Democrats were "not on a path to impeachment". She further suggested that Trump was too unstable to govern and offered prayers once again for him while "wish[ing] that his family or his Administration or his staff would have an intervention for the good of the country." If only there was a way for CONGRESS to somehow "intervene for the good of the country". Maybe Pelosi will come up with something...anything that could be done on that score. In the meantime, she did note that the use of the Constitution's 25th Amendment, which allows a President's cabinet to remove a President who is, for any reason, "unable to discharge the duties of the office" would be "a good idea." But really, if only there was SOMETHING a majority led by Pelosi in the House could possibly do for the good of the country?! We discuss;

• Next, as if you didn't think this Presidency could get any grimmer, Trump is now said to be considering a Memorial Day weekend pardon of a passel of U.S. military war criminals who were either convicted of horrific crimes via military court-martial or who have been charged and are facing upcoming trials. We detail some of those horrendous crimes and the likely reason that Trump is now reportedly turning the Presidential pardon process on its head to grant unprecedented get-out-of-jail-free cards to war criminals while insulting his own military and breaking his own military justice system in the bargain. (Hint: Fox "News");

• Finally, Desi Doyen joins us for the latest Green News Report, with more on the week's terrifying tornado swarms and flooding in the beleaguered Midwest, a disturbing new study on sea level rise, Louisiana's plan to retreat from the coast, and some good news and bad (mostly bad) from Trump's EPA...

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The Constitutional Crisis in D.C. continues to heat up on today's BradCast, following Monday's directive from the White House that former White House Counsel Don McGahn should defy a lawful Congressional subpoena to appear for testimony before the U.S. House Judiciary Committee on Tuesday, and Monday's ruling by a U.S. District Court judge that Donald Trump's accounting firm, Mazars USA, must turn over financial documents from Trump within the next week, as subpoenaed by Congress. And we've got a new case of GOP election fraud tossed into the mix with everything else today, as well. [Audio link to today's full show is posted below.]

McGahn did not appear Tuesday morning at the Judiciary Committee, defying his subpoena and prompting a public upbraiding from the panel's Democratic Chair Jerry Nadler who declared "our subpoenas are not optional" and vowed the Committee would hear McGahn's testimony "even if we have to go to court to secure it." Nadler added that Democrats will not be deterred from their Constitutionally mandated oversight investigations and "will hold this President accountable, one way or the other."

The "other" way, of course, is via an official impeachment inquiry in the House, which is now being sought by more and more House members, including several both in Democratic leadership and serving on the Judiciary Committee, which would take the lead in such an inquiry. Proponents of an impeachment inquiry now reportedly includes Chairman Nadler himself. He is said to have made the case to House Speaker Nancy Pelosi on Monday night, while she reportedly maintains that such an inquiry would hold up both legislation as well as other investigations in the House. Nonetheless, calls for impeachment proceedings from House Democrats are getting louder and appear more inevitable with each passing day and each defied subpoena, even with court rulings favoring Democrats to date. That could change as Trump takes his cases to Courts of Appeal or the GOP's stolen U.S. Supreme Court, as the Administration clearly hopes.

But, even conservative Republican Rep. Justin Amash (MI) is sticking to his guns following his weekend Twitter thread in which he declared the redacted report from Special Counsel Robert Mueller reveals that Trump "engaged in impeachable conduct," displaying a "pattern of behavior that meet[s] the threshold for impeachment." Amash pushed back against his fellow Republican critics in a new Twitter thread on Monday. The founding House Freedom Caucus member shot down a number of limp and uninformed defenses and excuses offered by Trump, his Attorney General Bill Barr and other apologists who wrongly claim the President could not have obstructive justice --- despite the mountain of evidence presented by Mueller of repeated instances --- because there was no "underlying crime" that Trump was attempting to obstruct. All of that, as Amash explains, is simply false from top to bottom.

Also today, more breaking news of yet another case of Republican absentee ballot election fraud, this time in Florida. The latest incident comes on the heels of a GOP absentee ballot fraud scandal that resulted in North Carolina calling a do-over election for this September after the State Board of Elections refused to certify last November's tainted contest in the 9th Congressional District. The newly exposed case was from earlier in 2018, in Miami, where a WhatsApp chat log obtained by the Miami New Times appears to reveal campaign supporters and organizers for a Republican running for a seat on the Miami-Dade's County Commission describing the theft and destruction of absentee ballots cast for their opponents. The incident offers yet more evidence that voting by mail --- unless absolutely necessary --- remains a terrible idea, as we have long argued (despite many Democrats, including lots of friends, readers and listeners in Oregon and other states with all Vote-by-Mail elections, who feel quite differently about it.)

Lastly today, Desi Doyen joins us for our latest Green News Report, as 67 tornadoes blew through half a dozen states over the weekend and at least another 21 continue to wreak over the past 24 hours in Texas, Oklahoma, Arkansas, Kansas and Missouri, where millions of Americans are now under flash flood warnings. Also on today's GNR, another coal company bankruptcy, a new scammy effort by BP and Shell to lobby for a carbon tax, and the introduction of comprehensive new plans to take on our climate crisis by two different 2020 Democratic hopefuls...

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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...

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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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Our guest today, the former U.S. House Judiciary Committee's longtime General Counsel warns on today's BradCast, that we are already in the midst of a Constitutional Crisis and that what is happening now is far worse than anything he ever encountered during his many years in that post, even during the then-unprecedented corruption of the George W. Bush Administration. [Audio link to full show is posted below.]

But first up today, some good news and bad for voters before 2020 out of two key battleground states. In Ohio, the good news is that a three-judge panel of federal judges on Friday unanimously found the Buckeye State's Congressional maps to be an "unconstitutional partisan gerrymander" and has ordered, via its 301-page ruling [PDF], for new maps to be drawn for use before the 2020 elections. The panel of two Dems and one Republican-appointee determined that the state's GOP-led legislature packed the majority of the state's Democratic voters into just four districts after the 2010 Census to guarantee Ohio's Congressional legislation would retain a 12 to 4 GOP advantage. Republicans have successfully held 75% of that delegation over the past decade despite receiving just more than half of the state's Congressional votes.

State Republicans vow to appeal, as the nation awaits next month's opinion from the U.S. Supreme Court on similar partisan gerrymandering cases in North Carolina and Maryland. A three-judge federal panel last week in Michigan similarly ordered new maps there before 2020 after finding GOPers in that state used a similar tactic to disenfranchise voters. Unconstitutional GOP partisan gerrymanders were also determined by federal courts to have been in place in Wisconsin and Pennsylvania for the past decade.

The bad news for voters today comes from Florida today, where the state's GOP-dominated legislature has adopted a bill to undermine Amendment 4, the landmark ballot measure voters adopted by nearly 65 percent last November to restore voting rights to some 1.5 million former felons in the state who had completed their sentences as well as all parole and probation. Passed along party lines, state lawmakers changed the definition of sentencing to include the payment of all court-imposed fines and fees. The result: Those former felons who have money will be able vote, those who do not, won't. Once signed by the state's Republican Governor, as expected, lawsuits will almost certainly be filed by voting rights advocates to challenge the new law that appears to rewrite Amendment 4 which had ended Florida's shameful lifetime ban on voting by former felons, including more than 20 percent of the state's African-American population.

Next, we are looking for answers today about what is happening and what may come next as the Trump Administration and its new Attorney General and "fixer" William Barr harden their obstruction of all Constitutional oversight by Congressional Democrats. We are joined today by attorney TED KALO, a 14-year veteran of the U.S. House Judiciary Committee, where he served as General Counsel for his last 10 years there before leaving for private practice in 2011. Our conversation comes on the heels of Barr's astonishing testimony before the Republican-controlled Senate Judiciary Committee on Wednesday and his refusal to appear before the Democratic-majority House Judiciary on Thursday. That, after the Dept. of Justice's failure to respond to a Wednesday subpoena deadline from the House panel to turn over a full, unredacted version of Special Counsel Robert Mueller's report and its underlying evidence, and after revelations that Barr appears to have lied to Congress in previous testimony concerning Mueller's view of Barr's public representation of the report's conclusions during the month before Barr finally released a redacted version.

Kalo tells me what is likely to happen next if Barr misses a final Monday deadline, offered in a good faith, last attempt letter sent by House Judiciary Chair Jerrold Nadler on Friday in hopes of avoiding contempt proceedings against the nation's top law enforcement official.

The reason why Barr supposedly skipped Thursday's House hearing was because the Committee had determined to allow staff counsel from both parties to question the Attorney General along with members, which Kalo says is "not unusual at all". He cites, for example, a similar practice carried out by Republicans "during one of the many investigations of Hillary Clinton's emails," and notes that it is "not uncommon historically" for Congressional committees to use staff attorneys for questioning witnesses.

Kalo details the two possible legal paths should Barr, as expected, continue to refuse to cooperate with the Committee and is found in contempt, including a civil litigation path in federal court, which could take months or years to resolve (though Kalo says there are grounds for courts to hear these matters on an expedited basis) or Congress finding Barr in "inherent contempt". In the latter case, he explains, the House Sergeant-at-Arms could be dispatched to arrest and detain the Attorney General. (Kalo also offers a definitive answer about the jail long said to be available at the Capital Building for such matters.)

"While it's frustrating as hell to watch this play out --- it's so obvious what's going on in plain sight --- as a matter of the goal of getting the information, Congress has to proceed cautiously because of its limited options for enforcing subpoenas," Kalo tells me. Therefore, he explains, Nadler is "bending over backwards to show that he tried his hardest to reach an accommodation with the Executive Branch, with an eye towards future litigation" where the court will see the Administration as "recalcitrant and unreasonable" and find in favor of the Dems.

Among the many other questions answered and/or explained by Kalo, he offers insight into my concerns about whether many of the long-established court precedents that appear to make Trump's legal arguments to block a number of subpoenas look ridiculous could actually be overturned by Trump appointees to the federal bench or even the GOP's stolen majority on the Supreme Court. "I think you're right," he says. "We have a federal judiciary that's been packed by people who start with the political result they want and then work the legal reasoning backwards. I think it's a valid fear that the courts won't follow longstanding precedent," before adding optimistically, that he believes the courts will follow precedent in many of these matters.

I also get his thoughts on Barr's remarkable testimony before the Senate on Thursday, arguing that a President has a legal and Constitutional right to shut down or obstruct a federal investigation looking into his own potential crimes if the President believes, on his own, that he has been unfairly accused. Yes, Barr actually made that argument under oath this week. Kalo calls the theory "ridiculous" and says, "I know of no legal authority for what the Attorney General was saying, and it defies reason." He goes on to explain why.

Finally, he concludes with a chilling note. "It can't be understated that we're in a Constitutional crisis. We're trying to respond to things that we never expected to occur from a President of the United States," Kalo argues, adding that, as dark as those years were when he served as General Counsel for the House Judiciary Committee during the George W. Bush years, what is happening now is worse --- "by far."

I wholeheartedly recommend you tune in for today's complete conversation, as there was much more than I am able to adequately summarize here...

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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...

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On today's BradCast, Donald Trump's Administration is now barreling the nation towards one or more unprecedented Constitutional crises as he panics about the possibility of impeachment. But the fruits of the GOP's labor in violating Constitutional norms to steal a majority on the U.S. Supreme Court may now finally be set to pay off for them for at least the next decade. [Audio link to show is posted at end of article.]

First up today, however, some quick election results following a few contests around the country on Tuesday. In a Special Election for a vacated state Senate seat in Tennessee, Republican Bill Powers reportedly defeated Democrat Juanita Charles. The result wasn't a surprise in a state where the GOP now enjoys a supermajority in both chambers of the General Assembly. But Powers is said to have won by just under 10 points. That's a 13-point swing towards the Democrats in a very Republican district from what would normally be expected.

In Tampa, Florida former police Chief Jane Castor was elected by a 73% landslide to become the city's first openly gay Mayor, the first to lead a major city in the U.S. Southeast. The victory comes less than one month after the openly gay Lori Lightfoot was elected Mayor in Chicago. Castor was outspent 2 to 1 by her opponent, David Straz, a 76-year old banker who wasted $5 million of his own money on the race and also outspent the other seven candidates combined in last month's primary.

Back in D.C., the U.S. House General Counsel filed a motion in federal court seeking to block Trump's re-appropriation of some $6 billion from the Defense Department to build his wall on the Southern border. The House --- which voted, along with the Senate, to block Trump's "national emergency" declaration and his re-allocated spending, only to be vetoed by the President --- argues that Trump's actions are unconstitutional as contracts are being awarded and money spent to build and repair border barriers with funding that "Congress did not appropriate for that purpose."

But federal judges who actually believe in following the Constitution may be in shorter supply these days, as Trump and the GOP have packed the courts with "conservatives" of convenience --- jurists who claim to believe in one set of principles but follow a radically different path when it suits their political whims. Trump is counting on such activist judges as he announces his Administration is now blocking all White House and other executive agency officials from responding to lawful document demands and subpoenas issued by Congress. In just the past 24 hours, the Administration has directed several current and former officials to not respond to lawful Congressional subpoenas for testimony and has denied statutory requests for financial documents of Trump and a number of his companies. Trump also, on another Twitter tear today, vowed to seek help from his stolen SCOTUS in the event that he is impeached.

Our guest today, MARK JOSEPH STERN, legal reporter for Slate, offers insight on all of the above, before we focus on the even more disturbing news regarding Tuesday's oral arguments at the Supreme Court regarding the Commerce Department's attempt to add a question on citizenship to the 2020 Census.

Stern, who was present at the Court for argument on Tuesday, suggests the outlook is not encouraging. He tells me he counted five rightwing Justices who appear eager to overturn three lower court rulings which found Commerce Secretary Wilbur Ross lied about his reasons for unlawfully directing the Census Bureau to add the question despite objections from career Census professionals who advise that the question would result in a massive under-count of Hispanic and immigrant populations.

The decennial count of all "persons" in the U.S., (as the Constitution requires), may be off by as many 6.5 million people if the question is added, largely in areas that tend to vote Democratic, according to the experts. The result would be felt for the next decade --- particularly in Democratic-leaning cities and states --- as the Census is used to allocate hundreds of billions of dollars in federal spending, as well as how Congressional and state legislative districts are mapped and residents represented, and even how electoral votes are to be allocated.

"This was just a real bloodbath for the plaintiffs here," Stern tells me about Tuesday's oral argument. "This case should have been so simple. Wilbur Ross, the Secretary of Commerce lied about his reason for including a citizenship question on the Census. He lied, and he got found out. He is the one who asked the Justice Department to create some pretext for the citizenship question. And beyond that, Ross busted through a bunch of statutory roadblocks that are supposed to prevent the inclusion of gratuitous questions on the Census."

"The lower court in this case said, 'I count Wilbur Ross violating the law in at least six separate ways.' The Supreme Court only has to find one of those ways to be compelling to stop the citizenship question and say no," Stern laments. "But I don't think a majority of the court is willing to step in and stand up for the law. And I fear the reason is because they know exactly why the Trump Administration wants the citizenship question on the Census."

Stern details what he describes as hypocrisy displayed by the Court's five Republican Justices during argument, as they cited everything from the Voting Rights Act (which they voted to gut) to international law (which they have dismissed as having no basis in U.S. law) to deference to federal agencies (which they have famously undermined in recent years when it comes to environmental regulations and other disputes where courts had traditionally deferred to executive agency expertise) in posing questions that indicate they plan to approve the new question meant to rig the Census. "It was a very bad day for truth at the Supreme Court," Stern reports.

"Hypocrisy doesn't even begin to capture what this is," he argues. "I can only hope that Kavanaugh and Gorsuch begin to apply international law in death penalty cases, as well. But something tells me this is a ticket good for one ride only."

Finally, Desi Doyen joins us for the latest Green News Report (after we ran out of time for it yesterday) with another troubling mix of both good news and bad for the nation and the planet...

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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...

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On today's BradCast, as the nation awaits Trump Attorney General William Barr's release of some redacted version or another of Special Counsel Robert Mueller's report on Thursday morning, Barr was busy announcing new immigration policies to add to the Administration's ongoing success in creating havoc and a humanitarian crisis on our southern border. [Audio link to show is posted below.]

But first today, a few other news items of note and another reminder of how neither the media nor the Democrats in Congress are prepared to adequately respond to the "creeping authoritarianism", as media analyst Eric Boehlert too-generously describes it, that has turned outrageous, impeachable actions by a sitting President into little more than another "wacky Trump story of the day" over the past two years of his chaotic and criminal Presidency.

On Tuesday night, the war-mongering Trump vetoed a bicameral, bipartisan War Powers Resolution adopted by Congress --- for the first time since the 1973 War Powers Act largely delegated Congress' Constitutional war-making power to the White House --- demanding an end to U.S. military aid for Saudi Arabia's war against Yemen, where thousands of civilians have been killed and millions are facing famine. That, despite the murder last year of Washington Post's Saudi journalist and U.S. resident Jamal Khashoggi at the alleged command of Saudi crown prince and Trump ally Mohammad bin Salman.

Meanwhile, as federal prosecutors seek up to 10 months in prison for actress Felicity Huffman in the college admissions scandal after her recent guilty plea (please note my "Full Disclosure" during the program regarding my personal history with Huffman and her husband William H. Macy), the actions taken by Trump last week alone, as highlighted by Boehlert, are a veritable litany of impeachable offenses.

Nonetheless, while the actress may face jail time for a foolish and illegal offense on behalf of her daughter, our lawless President runs free --- and few, if any, in the media or Congress appear capable of taking on his Constitution-endangering lawlessness with the gravity warranted. Even several of the outspoken progressive freshman Democrats in the House, while supporting calls for impeachment in general, appear to be pulling punches in deference to fearful party leadership. As I argue today (yet again), there is more than enough --- even without whatever findings may come from Mueller --- to, as columnist Dan Savage has long argued, "ITMFA".

Next, we're joined by immigration attorney SARAH PIERCE, Policy Analyst at the Migration Policy Institute to discuss Barr's newly-announced immigration policy changes revealed Tuesday evening. The new measures would bar asylum seekers who have already demonstrated a "credible fear" of return to their home countries to immigration officials from being allowed to seek bond for release until their asylum case can be heard. The process would, she explains, keep such individual in detention for months and even years, despite an already-existing lack of space in ICE detention facilities which has led to their current so-called "catch and release" policies.

The new measures, Pierce explains, would not apply to families seeking asylum or children traveling alone (even as thousands of asylum seeking children remain separated from their parents in the wake of Trump's previous AG Jeff Sessions' so-called "zero tolerance" policies.)

Pierce details what Barr's new policy measures will and won't do; why Barr has the authority to enact them; how they differ from Executive Actions undertaken by the Obama Administration (which Republicans used to object to as "unconstitutional unilateral actions"); why the new policy is likely to be challenged in federal court; how almost all of Trump's border policies are exacerbating the very problems he claims to want to solve; and why he continues to take such extreme and often unlawful and/or unconstitutional measures.

"This Administration just doesn't seem that interested in resolving this systemic problem. Instead, they just want to deter asylum seekers from arriving at the southern border. They want to limit how many ultimately apply for asylum, and then limit how many ultimately receive it," she tells me. "There is a political incentive for this President to look like he's active on immigration, to show that he's engaged in the fight, and fighting for the policies that his base is interested in --- and maybe less of a political interest in actually having results on the ground." Pierce surmises that Trump wishes to "keep hammering in these harsh policies, whether or not they're actually going to stand up in court or be effective."

Finally today, some listener comment in response to my rant yesterday regarding the $700 million raised overnight (now up to nearly $1 billion), from a handful of billionaire families and corporations, to restore the fire-ravaged, 850-year old Notre Dame Cathedral in the heart of Paris...

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On today's BradCast: You get an indictment! You get an indictment! You get an indictment! Everyone gets an indictment!!! Well, not everyone. At least not everyone who deserves an indictment. But a bunch of folks got indicted today in a bunch of separate federal cases. [Audio link to full show is posted below.]

One time Democratic hero and former Stormy Daniels attorney Michael Avenatti was charged in a 36-count federal indictment in California for allegedly stealing from clients, not paying his taxes, and committing bank fraud. Former Obama White House Counsel Greg Craig was charged by prosecutors in D.C. for lying to federal agents regarding his lobbying work in Ukraine, a case that came out of the Robert Mueller Special Counsel probe (where Trump Campaign chair Paul Manafort was previously found guilty of very related charges).

And, of course, WikiLeaks founder Julian Assange was finally arrested in the U.K. after being kicked out of the Ecuadorean embassy in London (where he's claimed asylum for the past seven years) before being found guilty by a British judge of skipping out on bail while facing extradition for charges of sexual assault in Sweden back in 2012. The Swedish charges have since been dropped, but Assange now faces both prison time in Britain and an extradition request from the U.S. where prosecutors unsealed a one-count indictment [PDF] against him today, as filed under seal in March of 2018.

For now, that charge is an allegation of "conspiracy to commit computer intrusion". Federal prosecutors in the Eastern District of Virginia claim he attempted to help crack a password for a classified Defense Department computer system to assist then U.S. Army Pvt. Chelsea Manning in hacking documents. That, after Wikileaks had already released hundreds of such documents --- many containing evidence of serious U.S. crimes --- taken by Manning, back in 2010. Freedom of the press advocates, however, warn today that the charges being brought by Trump's Dept. of Justice against Assange could be expanded to include normal journalistic activities, which could threaten the Constitutional rights of many media outlets and journalists alike.

We detail today what we know --- and don't --- about the indictment; what we know --- and don't --- about what Assange and WikiLeaks have done (including the release of documents stolen from the DNC and Hillary Clinton campaign in 2016); and what all of this may --- or may not --- mean for U.S. press freedoms as the case moves forward.

Also today: Some good news regarding the death penalty in New Hampshire; Some quick updates on Trump Treasury Dept. Secretary Steven Mnuchin's refusal (so far) to turn over Trump's tax returns to Congress in violation of the law; Trump Attorney General William Barr's obnoxious, hypocritical, and (so far) evidence-free claim that the Obama Administration was "spying" on the Trump Campaign in 2016; And more disturbing details on the perfidy and corruption of David Bernhardt, the longtime oil and gas industry lobbyist who was shamefully confirmed today by the U.S. Senate as Trump's new Interior Department Secretary.

Finally, Desi Doyen brings us the latest Green News Report on Trump's newly signed Executive Orders authorizing himself to, among other things, authorize new oil and gas pipelines without approval from other federal agencies, and to remove states' rights to block energy infrastructure that threatens local water supplies; the second bomb cyclone in weeks to likely bring billions in damages to a number of Midwestern states; and several troubling new studies regarding the acceleration of climate change and glacial ice melt now outpacing previous scientific predictions...

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On today's BradCast, some facts --- real ones, not Mitch McConnell's --- about our nation's healthy history of changing the number of seats on the U.S. Supreme Court, which we have done seven different times over the past 238 years since our founding. [Audio link to full show is posted below.]

But, first up quickly today, Donald Trump has taken yet another hit from the courts on his attempt to undermine the Affordable Care Act and the U.S. healthcare system. It's the second such court loss he's faced over the past week, with the first court nixing his attempt to allow work requirements under Medicaid in Kentucky and Arkansas, and the second on Thursday night finding his allowance of cheap health insurance policies that don't meet the standards of the Affordable Care Act ("Obamacare") to be unlawful. That second ruling comes courtesy of a well-respected George W. Bush-appointed federal judge who is rarely reversed by appellate courts.

Next, a preview of a very important election on Tuesday in Wisconsin for its state Supreme Court. Its the first of two elections to the high court in the Badger State (one on Tuesday and the other next year on the same day as the Democratic Presidential primary election in WI) that could result in a progressive-leaning majority, at long last, being restored to WI's high court. Control of that court is wildly important for both the state and the nation on a number of fronts, which we discuss today, including voting rights before the 2020 election, redistricting for the next decade after the 2020 Census, and the rollback of a host of anti-union and other hard-right policies enacted during the gerrymandered Scott Walker years.

Tuesday's match-up is between progressive-backed Judge Lisa Neubauer and Koch Industries/Chamber of Commerce-backed Judge Brian Hagedorn, a protege of former Republican Gov. Scott Walker. Hagedorn has called Planned Parenthood a "wicked organization" devoted to "killing babies", described the NAACP as "a disgrace to America", and argued "The idea that homosexual behavior is different than bestiality as a constitutional matter is unjustifiable."

But while voters in WI directly select their Supreme Court at the ballot box (which I am no fan of), the U.S. Supreme Court is a different matter. After Senate Republicans stole what should have been a Democratic majority on the court in 2016 by refusing to even hold a vote on Judge Merrick Garland, Barack Obama's nominee to replace the late Justice Antonin Scalia, GOP Senate Leader Mitch McConnell held the seat vacant for a year before unilaterally changing Senate rules to do away with the filibuster to allow Neil Gorsuch to be seated on the high court. Later, under those same changed rules, the far-rightwing, accused sexual-predator Brett Kavanaugh was similarly added to the Court, likely cementing a generation of GOP-control.

In response, many progressives --- even Presidential candidates --- are now calling for the expansion of SCOTUS if Democrats can regain control of the U.S. House, Senate and White House next year, in order to restore a liberal-leaning majority that arguably should have been theirs in 2016. Naturally, McConnell is already decrying the idea, describing it on Thursday, ironically enough, as "an unprincipled power grab...that would threaten the rule of law and our American Judicial system." He cites the attempted court packing by Franklin D. Roosevelt in the 1930s to support his notion that changing the size of the Court is "a thoroughly discredited idea".

We're joined today by Wisconsin attorney and former state Supreme Court nominee TIM BURNS for both thoughts on Tuesday's crucial election in the state ("The stakes are huge," he explains) and the little-known history of "court packing" in the U.S. More specifically, Burns, who wrote about the issue recently at The New Republic, discusses the seven different times since the founding of our republic when the number of seats on the U.S. Supreme Court has been changed by Congress, including under one of our founders Thomas Jefferson and even under Republican Party icon Abraham Lincoln.

Burns, who serves on the board of the progressive Wisconsin Justice Initiative and the national board of the American Constitution Society, argues that contrary to misleading claims by McConnell and fellow Republicans, changes made to the size of SCOTUS by the Legislative and Executive Branches, as called for by the U.S. Constitution, have been healthy for the nation, often coming "hand in hand with some of the most vibrant periods of our democracy," and in response to the out-sized growth of corporate power.

"There have always been these predictions of the utter ruin of our democracy if the size of the Court is changed," Burns tells me. "The truth is, the Court's been viewed favorably even after its size has changed." And while he says that it's "entirely possible" that Republicans could then do the same thing once they regain power, "that doesn't spell the doom of our democracy. It says that our democracy is working. The political power rests with the voter instead of nine lawyers, judges on a Supreme Court."

Perhaps that's why Senate GOPers this week have introduced a measure calling for a Constitutional Amendment to keep the number of seats on the Court at nine. Good luck with that, boys.

Most interesting, however, may be Burns' fascinating recounting of what happened when FDR attempted unsuccessfully to expand the Court in what McConnell falsely described as an historic event that resulted in the idea of "Court Packing" becoming "synonymous in American history with the idea of an unprincipled power grab". What actually happened in the 1930s, and why the Court was ultimately not expanded under FDR is a fascinating bit of lost history and quite different from the way it has been described in lore. The truth places new calls to expand the Court today, during this period of unprecedented partisanship and class-divide under a hard-Right SCOTUS, into a very different light and perspective as this debate kicks off both in the nation and among Democrats vying for the 2020 Presidential nomination....

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On today's BradCast, climate change slams Trump Country (again), several 2020 Democratic candidates call for structural change to our electoral system, some elected jerk in Missouri wants government to mandate everyone purchase an AR-15, and we continue to help you make sense of it all --- or, at least, try to make sense of it for ourselves. [Audio link to full show is posted at bottom of summary.]

Donald Trump responded to catastrophic record flooding in Nebraska, Missouri, Iowa and several other states by sending his Vice President Mike Pence to check it out today. In just Nebraska, damage to the agriculture industry alone is expected to near $1 billion. Had the President himself gone, he might have seen, first hand, yet again, how climate disruption has begun to wreak devastating and costly havoc on virtually every area of the U.S. at this point.

He might also have seen how two military bases --- one of them the headquarters for Strategic Command, which oversees our nation's nuclear arsenal --- have been devastated by floodwaters, despite recent upgrades after a "one thousand year flood" back in 2015 and devastating tornadoes in 2017. The flood walls built after 2015 have failed, as have dozens of levees in state after state as the waters of the Missouri and Mississippi Rivers continue to rise several feet above record flood levels.

Those fossil fueled disasters are of a piece with multiple recent reports by Trump's own scientific, military and intelligence agencies warning of the catastrophic effects of climate change, including last November's National Climate Assessment, a Pentagon report on the national security threat posed by climate change in January and, just weeks later, the U.S. Intelligence Community's annual consensus World Threat Assessment. Trump responded to the November report last year by saying: "I don't believe it". In response, the White House is reportedly preparing a commission to rebut to those reports, headed up by a climate science-denying retired physics professor named William Happer, who believes more CO2 in the atmosphere is beneficial, not a menace. He also compares the "demonization" of C02 by climate scientists to Hitler's demonization of the Jews. Seriously.

In other, slightly less insane news related to moving beyond our ongoing national Presidential nightmare, two 2020 Democratic Presidential candidates this week, Sen. Elizabeth Warren at a CNN townhall in Mississippi and Mayor Pete Buttigieg in an interview with Washington Post, have called for the Electoral College to be abolished. We discuss and explain why that may or may not be such a smart idea --- whether done via a Constitutional Amendment or statutorily via the National Popular Vote Interstate Compact --- or, at least something for which Dems may want to be careful what they wish for.

Next, a Missouri state lawmaker has introduced two bills that would force every Missourian over 21 in the state to own either an AR-15 or a handgun or both. Don't worry, there will be tax credits available to help you meet the mandate. The legislators name is Rep. Andrew McDaniel (R-Deering) in case anybody feels like taking this idiot on at the polls in 2020.

And then we share a few emails from listeners who strongly disagree with our conversation on yesterday's program with Slate's Mark Joseph Stern about the benefits of Daylight Saving Time, the cold, dark, endless nights of Standard Time and how wrong everybody is that feels otherwise. Those listeners who disagree with us --- despite their very interesting emails --- are, of course, entirely wrong.

Finally, Desi Doyen joins us for the latest Green News Report, filled with one deadly fossil fuel-related climate and environmental disaster after another from just the past several days, while finishing with some much more hopeful news for the future as millions of kids around the world skipped school last Friday to march in Climate Strikes around the globe, calling for action on global warming while vowing to keep the pressure on elected officials who, so far, have failed us all...

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They were just baby steps. Though perhaps notable ones. Time will tell. But Thursday may prove to be a landmark in a potential and greatly-overdue claw back of Congressional powers ceded long ago --- long before Trump --- to the Executive branch. Whether the actions taken by Congress (including no small number of Republicans) on three separate issues today signal a sea change in the way Congress regards its own Constitutionally co-equal mandates and powers remains to be seen. But their rebukes of President Trump were surprisingly clear. Three different Congressional votes on three different matters covered on today's BradCast underscore this issue. [Audio link to show follows below.]

1) On Wednesday night, the GOP-controlled Senate voted once again in support of a resolution to end financial and military support to the U.S.-enabled, Saudi-led war on Yemen that has resulted in an unparalleled humanitarian crisis. The effort amounts to the first Congressional rebuke of a President under the War Powers Resolution since its adoption in 1973. But the invocation of a resolution under the legislation which cedes Congress' sole Constitutional power to declare war may not be enough to prevent the Trump Administration's promised veto and continued support of war-making with the murderous Saudi regime and its Crown Prince Mohammad bin Salman.

2) On Thursday morning, the Democratic led U.S. House voted unanimously(!), 420 to 0, on a resolution to demand the public release of the final report by Special Counsel Robert Mueller, whenever that may happen, after it's delivered to Attorney General William Barr. The statute guiding the duties of the Special Counsel was adopted by Congress in 1999, but mandates only that the Special Counsel deliver a "confidential" report to the AG. Congress failed to specify whether that report must ever be released to the full Congress, much less the public.

3) After recent passage in the Democratically controlled House, the U.S. Senate on Thursday voted 59-41 --- including all Democrats and 12 Republicans --- to reject Trump's "National Emergency" declaration to steal money appropriated by Congress to the military in order to build his southern border wall. It's the first time since the National Emergencies Act of 1973 that Congress has exercised its option to try and block such a declaration. The effort comes after a week of intense lobbying of Senate Republicans by the White House to block the resolution, and by Senate Republicans to convince Trump to accept a compromise alternative or face an embarrassing rejection from his own party. Nonetheless, Trump has vowed to veto the resolution and there are not currently the two-thirds of members in each chamber to override Trump's veto. The matter will most likely be settled in court and, as we argue today, very likely in favor of the President, given the way the Act was written (also ceding more Congressional powers to the Executive Branch.)

If the nation is lucky, however, today could mark a turning point after decades of Congress giving away its powers. But our nation hasn't been very lucky of late.

Also on today's news-packed program...

• Beto O'Rourke jumps into the 2020 Democratic Presidential free-for-all. We discuss.

• And, in Wisconsin, still more (shameful) evidence that Republican Photo ID voting restrictions were adopted as little more than a (successful) scam to suppress the Democratic-leaning vote in the Badger State. A new report from all of Wisconsin's county election clerks finds just 24 cases of potential voter fraud out of some 2.7 million votes cast over the past year. ZERO of those cases, according to the Wisconsin Elections Commission, would have been prevented by the state's Photo ID voting restrictions. On the other hand, as we learned back in 2017, some 23,000 legal voters in just two WI counties alone were deterred from voting by the suppressive law in 2016. That was the year that Donald Trump reportedly won the state by 22,748 votes.

• Finally today, Desi Doyen joins us with the latest Green News Report on the Trump Administration's wasted billions in taxpayer dollars in rolling back climate policy regulations and how school strikes by kids around the globe and the recent introduction of the Green New Deal is now forcing fossil fuel industry executives to rethink their loathsome, planet-killing business strategies...

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On today's BradCast, I'm in for Brad and Des, dropping by from my own show, In Deep with Angie Coiro.

Today's Rose Garden press conference was drenched in irony: a faltering, incoherent, angry man declaring a "national emergency", even as he demonstrated that he's the crisis. Donald Trump yelled at reporters to sit down, fell into sing-song whimsy, showed off his version of a Chinese accent, repeated phrases when he lost his train of thought, wielding terrifyingly grown-up powers with the gravitas of a toddler in a man's suit.

Fortunately, enough roadblocks will be thrown down --- by Reps AOC and Castro, by Nancy Pelosi and Chuck Schumer, by the ACLU, and presumably by property owners along the proposed wall sites --- that he should be kept busy and irritated for some time. The taxpayer money wasted will be appalling.

Republican former Massachusetts Governor Bill Weld appears willing to throw himself atop the bomb: he says he may primary Donald Trump. He minced no words -– I mean, he was stunningly straightforward -– in criticizing his fellow GOPers, who he said exhibit all the signs of Stockholm Syndrome(!). Someone needs to step up, he says. He even hints that he's willing to act as a spoiler to damage Trump in the general.

Plus the latest on Facebook, Amazon, and what tech campuses have to offer their neighbors.

Finally, my guest JOEL SIMON of the Committee to Protect Journalists. His new book, We Want To Negotiate, makes a compelling case that both the US and Britain need to re-examine their "we don't negotiate with terrorists" policies. His research puts the lie to a lot of assumptions, for example, that to pay ransoms will encourage more kidnappings. It makes sense on the face of it, but --- wrong.

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The time for the U.S. House of Representatives to initiate an inquiry into the question of whether President Donald J. Trump should be impeached is now.

Those, who suggest that the U.S. House of Representatives should await a formal report from Special Counsel Robert Mueller before passing a resolution that would authorize the House Judiciary Committee to initiate an impeachment inquiry, ignore both the U.S. Constitution and historical precedent.

The same is true with respect to those, who suggest that percipient witnesses, like Michael Cohen, could, when appearing before Congress, refuse to answer questions if those questions touched upon the same subject matter that is a topic of Mueller’s investigation...

So long as there is a prospect for the issuance of a pardon by a Vice President once he/she becomes President, or the expiration of the statute of limitations while a President remains in office, the indictment of a sitting President may be the "only" constitutional means for ensuring "Equal Justice Under Law".

That conclusion, of course, is at odds with the official U.S. Department of Justice (DoJ) position that a sitting President cannot be indicted until after he/she leaves office. The DoJ's position is based upon the December 10, 2000 Opinion issued by the DoJ's Office of Legal Counsel (OLC), citing an earlier OLC opinion that "the institution of criminal proceedings 'would interfere with the President's unique official duties, most of which cannot be performed by anyone else.'"

But that position is flawed and is being challenged by a number of legal scholars, including Harvard Law Professor Laurence Tribe, a preeminent constitutional expert, whose famous former students include Supreme Court Chief Justice John Roberts and President Barack Obama.

In a December 10 Boston Globe op-ed and during a subsequent appearance on MSNBC's Last Word with Lawrence O'Donnell (see video below), Tribe noted that the long-controversial OLC opinion lacks the force of a judicial precedent and is at odds with the legal accountability required of all federal officers, including the President...