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Latest Featured Reports | Sunday, May 11, 2025
Sunday 'New Guy, Old Guy' Toons
THIS WEEK: New Pope ... Old Dope ... Good Cartoonists ... Best Wishes ... And more, in our latest collection of the week's best toons!...
Blowing Smoke.
At the Vatican and White House: 'BradCast' 5/8/25
We have a new Pope; Trump's pretend deals; Rightwing propaganda set to replace Voice of America?; And other disasters of the moment...
'Green News Report' 5/6/25
  w/ Brad & Desi
Trump EPA reportedly planning to kill money-saving Energy Star program; Trump cuts to science hurting U.S. economy; PLUS: GOP Congress targetting CA's clean air rules...
Previous GNRs: 5/6/25 - 5/1/25 - Archives...
SCOTUS Weighs 'Disastrous' Public Funding of Religious Schools: 'BradCast' 5/7/25
Guest: ACLU's Daniel Mach; Also: Griffin concedes in NC; Vance bro trounced in Cincy...
Trump Judge Blocks NC GOP Theft of 2024 Supreme Court Seat: 'BradCast' 5/6/25
Also: U.S. intel contradicts Trump gang lies; AEA blocked again; Tesla circling drain in Europe...
Prosecutors Quit After U.S Attny Strikes Deal With Felon Cop: 'BradCast' 5/5/25
Guest: Journalist Meghann Cuniff; Also: Liberal Ozzy landslide; Trump movie tariffs; Questions Due Process; Judge nixes EO targeting law firm...
Sunday 'Good Buy, Dolly!' Toons
THIS WEEK: War on Christmas ... 1,361 to Go ... Ink Spotting ... Oh, Canada ... And more, in our latest collection of the week's Grinchiest toons...
Trump Losing Streak Continues into SECOND Hundred Days: 'BradCast' 5/1/25
National Security Adviser tossed; More big court losses via Republican-appointed judges; Also: 2028 Dems rising?...
'Green News Report' 5/1/25
Liberal Party climate expert, wins in Canada; WH announces rare earth deal with Ukraine; PLUS: Half of Americans breathing dangerous air pollution...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Former Deputy Asst. Sec. of State Michael Fuchs on the path toward de-escalation with Iran; Also: Lights out (again) for Puerto Rico...
By Brad Friedman on 1/8/2020 5:38pm PT  

On today's BradCast, while "all" is anything but "well", it may at least be a bit better than it was 24 hours ago at this time --- at least if the backing away from the likelihood of an apocalyptic military confrontation in the Middle East serves as any gauge. [Audio link to today's program is posted at end of summary.]

Shortly after air time on Tuesday, Iran launched a 22 ballistic missile fusillade at two Iraqi military bases housing thousands of U.S. troops in response to Donald Trump's assassination late last week of revered Iranian General Qassem Soleimani. And shortly after that, a Ukrainian Airliner made by Boeing fell from the sky and crashed after take off from Tehran's airport, killing everyone on board. While it's still early and unclear what exactly caused the disaster, some experts believe the plane could have been attacked either accidentally or on purpose. We discuss.

As to the Iranian attack on U.S. troops, thankfully there were no casualties, either American or Iraqi, as Iran announced there would be no more military reappraisals for Soleimani's killing, so long as America does not attack the nation again. What turned out to be a largely symbolic revenge attack for domestic consumption by Iran appears to have been an act of mercy to help deescalate a military confrontation touched off late last week by Trump that many feared had been spiraling out of control since the targeted drone strike against Soleimani.

After declaring "All is well!" on Twitter Tuesday evening, amidst the missile assault and deadly airliner crash, Trump offered mercifully brief remarks at the White House on Wednesday morning, flanked by the Vice President and top cabinet members and military officials, to suggest he was taking the off-ramp offered him by the grown-ups in Iran. In between several blatant lies told about the anti-nuclear pact struck with Iran and other leading nations during the Obama Administration and on other related matters, Trump promised new economic sanctions against Iran, but said the nation "appears to be standing down", that Iran and the US should "work together" against their mutual enemy of ISIS, and that the United States is ready to embrace peace."

Whether any of that turns out to be true, given a President of the United States who lies as easily as he breathes, is anyone's guess. But it may allow many of us to breathe a bit easier for the moment, at least until Trump's next unnecessary self-inflicted crisis.

We're joined today by former Deputy Asst. Secretary of State MICHAEL FUCHS, to try and help clear up much of the confusion and anxiety of the last 12 hours since Iran's attack and the six days since Trump's assassination of Soleimani. Among the questions discussed with Fuchs...

  • Was Iran's missile attack, in fact, an "act of mercy"?;
  • Should we take any comfort from Trump's response today?;
  • Will there be additional responses from Iran (including cyberattacks) against the U.S.?;
  • Why were there no grown-ups in either the State or Defense Departments to warn Trump off of his wildly ill-considered murder of Iran's second most powerful official?;
  • What can and should be done to keep a President from being able to do something as irresponsible and dangerous like this in the future?;
  • Haven't both Republicans and Democrats in Congress ceded far too much of their Constitutional war-making authority to Presidents of both parties in recent years?;
  • What can Congress do to prevent this President and future ones from acting so dangerously?;
  • While the deal with Iran to block their path to a nuclear weapon had been a success (Trump's demonstrable lies about it not withstanding), until he unilaterally pulled the U.S. from the deal, wouldn't Iran be within their rights, and indeed wise, to now pursue a nuclear weapon, given the behavior of the U.S.?;
  • With Iranian and Iraqi leaders both demanding that U.S. troops leave the region, and Trump pretending for years that he wants the same, wouldn't this be a great time to find common ground and finally pull out of our many decades-long disastrous adventures in the Middle East once and for all?;
  • Can U.S. diplomacy actually rise in the Trump Administration with his widly hawkish Sec. of State Mike Pompeo?;

Fuchs, a former senior State Department official turned Senior Fellow at the Center for American Progress and Guardian columnist, gamely offers insightful answers to all of those questions and many others at the (hopeful) end of another series of exhausting, unnerving and confusing days during the horrific Trump Presidency.

"It is entirely possible that Iran might respond more to this most recent series of events. They might use cyberattacks, they might use their proxies throughout the region, which is a little bit hands-off, allows them a little bit of plausible deniability in their mind to attack US interests," Fuchs tells me. "But even if there is no immediate other response from Iran, we are still in this very dangerous and precarious moment where tensions between the two countries are incredibly high. And neither side seems, frankly, to have the ability nor the interest, at the moment at least, to finding a sustainable solution to these tensions. So for the moment, we want to hope for a very quick de-escalation, but the bigger problem is still very much there."

Finally, with the ability to breathe just a bit easier (at least for now) for the first time since the turn of the New Year, we turn to some quick coverage of some stories we've had to put off during Trump's latest world-threatening tantrum, beginning with the fact that two-thirds of Puerto Rico has been without power, and hundreds of thousands without clean water, since a major (and unusual) earthquake on Tuesday took out the U.S. island's largest power plant...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Rightwing and mainstream outlets cite group's 'study' to inaccurately charge Trump states will lose representation in 2020 Census...
By Richard Hayes Phillips, Ph.D. on 1/1/2020 10:58am PT  

While surfing the web I came upon an article posted on Christmas Eve by Jason Hopkins, of the rightwing outlet called "The National Interest." It cites a "study" by another rightwing outlet, the Center for Immigration Studies, as cause for alarm.

The article and the cited study falsely claim that the counting of illegal immigrants in the 2020 Census will result in a loss of 24 Congressional seats in states that voted for Donald Trump in 2016 --- Ohio (3), Pennsylvania (2), Michigan (2), and one each in Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Utah, West Virginia, and Wisconsin. The only blue states to lose Congressional seats, according to the outlet's characterization of the "study", would be Minnesota (1) and Rhode Island (1).

The article also falsely claims that 19 Congressional seats would be gained by states that voted for Hillary Clinton in 2016 --- California (11), New York (4), New Jersey (2), Massachusetts (1), and Illinois (1). The only other states to gain Congressional seats, they report, would be the "red" state of Texas (4), and the swing state of Florida (3).

While conceding that non-citizens cannot vote, the article warns that counting them in the 2020 census will result in more Congressional seats for high-immigration districts, thus reducing political power in districts where almost everyone is an American citizen.

Predictably, almost all the more than 2,000 public comments in the version of the article republished by Yahoo News (the original version at National Interest does not allow public comments) allege that Democrats favor open borders and allowing illegal immigrants to vote. Almost nobody noticed that there is no basis for the statistical claims made by the Center for Immigration Studies...

--- Click here for REST OF STORY!... ---

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Trump and his supporters hope to make this complicated. It isn't...
By Richard Hayes Phillips, Ph.D. on 12/27/2019 11:35am PT  

President Trump has been impeached on two articles --- Abuse of Power and Obstruction of Congress --- not because of disagreement with his policy, as he and his supporters are attempting to argue, but because his actions were viewed as both illegal and unconstitutional.

The grounds for those charges are straightforward. Please allow me to explain in very clear and simple terms...

--- Click here for REST OF STORY!... ---

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Speaker holds back Trump impeachment articles to force McConnell to allow witness testimony; Also: Goods news for NJ, GA voters; Update on VerifiedVoting.org controversy; Two important new e-voting exposés...
By Brad Friedman on 12/19/2019 5:43pm PT  

On today's BradCast: As messy as the process of passing two Articles of Impeachment against rogue President Donald J. Trump was, the post-impeachment phase got messier still on Thursday, as Democrats stood strong --- at least so far --- in their fight for a fair impeachment trial in the Republican-controlled U.S. Senate. We've also got some important election integrity and voting rights news, along with our final Green News Report of the year. [Audio link to show follows below.]

Before we get to today's impeachment standoff, we finish out a few points from shortly after we left air on Wednesday night, including a review of the late vote on those historic Impeachment Articles in the House --- and some thoughts on Tulsi Gabbard's less than courageous vote of "present" --- as well as the surprising emergence of the backbone being displayed at the moment by House Democrats.

In a blistering response to Senate Majority Leader Mitch McConnell's repeated admissions in recent days that he is working hand-in-glove with the White House and has no intention of serving as an impartial juror in the Senate trial to decide whether the President should be removed from office, despite his Constitutional mandate to do so, House Speaker Nancy Pelosi told reporters on Thursday: "Our Founders, when they wrote the Constitution, suspected that there could be a rogue President. I don't think they suspected that we could have a rogue President and a rogue Leader in the Senate at the same time."

We do our best today to bring you up to date on the ugly and quickly moving story of what has come today from McConnell's --- and, shamefully, fellow juror, Sen. Lindsey Graham (R-SC)'s --- attempt to make a mockery of the Senate trial by rigging it in favor of the White House in refusing to allow first-hand testimony from witnesses of Trump's alleged high crimes and misdemeanors. That, despite Graham's own insistence from 1998, when he served as a House Manager for Bill Clinton's impeachment, that "in every trial that there has ever been in the Senate regarding impeachment, witnesses were called. When you have a witness telling you about what they were doing and why, it's the difference between getting the truth, the whole truth and nothing but the truth."

Those archival video-taped remarks came courtesy of an ad released on Wednesday from Republicans for the Rule of Law to call out Graham. It is in response to McConnell and Graham's refusal to allow testimony from a number of top Administration officials who were first-hand witnesses, but who failed to answer lawful subpoenas for testimony and documents in the U.S. House. The witnesses sought by Democrats and by a huge majority of Americans of all parties (including 64% of Republicans and 72% of independents) include Trump's acting Chief of Staff Mick Mulvaney, Sec. of State Mike Pompeo, and former National Security Advisor John Bolton.

Then, we move to some quick election integrity and voting rights news as the first votes in the 2020 elections are now just weeks away. In New Jersey this week, the Democratic Governor signed a bill to restore voting rights to 73,000 people across the state who are currently on parole or probation.

In Georgia, after Republican Sec. of State Brad Raffensberger was allowed to purge more than 300,000 voters earlier this week amid an ongoing lawsuit to prevent the removal of at least 120,000 of them, his office was forced to admit today that at least 22,000 had been wrongly removed due to what Raffensberger's office describes as an error in the state's screening process. The Admission came just hours before another hearing in federal court, leading plaintiff Fair Fight Action to demand that "every voter purged this week" should be "reinstated immediately."

We also have a quick update on the recent internecine battle at e-voting watchdog VerifiedVoting.org after the courageous resignations of now two well-respected members of their Boards of Directors and Advisors. (We interviewed the first of those to quit, Prof. Philip Stark of UC-Berkeley on a BradCast last week, after which the resignation of the second, Prof. Rich DeMillo of Georgia Tech --- who we have also interviewed a number of times --- was made public as well.)

The public resignations were in response to Verified Voting's disturbing years of support for 100% unverifiable touchscreen Ballot Marking Device (BMD) voting systems now proliferating the country in advance of the critical 2020 elections, and their frequently misleading information about how post-election audits could be used to verify results on such unverifiable systems. This week, the group finally responded to the embarrassing and costly pushback they have been receiving from Election Integrity advocates.

There were also two very important stories published this week on the very serious concerns about e-voting systems in advance of 2020. The first, "How New Voting Machines Could Hack Our Democracy," by attorney and Twitter activist Jenny Cohn at New York Review of Books, is a disturbing and encyclopedic exposé on the dangers and failings of BMDs, the Election Integrity groups such as Verified Voting who have failed to adequately warn against their use in American elections, and the private vendor/election official revolving doors and payoffs that have brought us to this perilous moment.

The second investigative article, out today from NBC News, reviews the shady ownership and shadowy manufacturing processes that runs through China and the Philippines at the nation's largest electronic voting company, Elections Systems & Software, Inc. (ES&S) of Omaha, Nebraska.

Finally, Desi Doyen joins us for the latest Green News Report (our last one of the year!), with more disturbing news out of Australia, more bad news for our oceans, troubling news about the disturbing high costs of fracking and, shockingly, some kind words about global financial services behemoth Goldman Sachs!...

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Special Coverage with Heather Digby Parton of the U.S. House floor debate over 'Abuse of Power' and 'Obstruction of Congress', as the 45th President of the United States becomes 3rd in history to be impeached...
By Brad Friedman on 12/18/2019 5:06pm PT  

The President of the United States has now been impeached for only the third time in our nation's history. After 11 hours of debate on the U.S. House floor on Wednesday, a furious Donald John Trump was impeached on Articles of 'Abuse of Power' and 'Obstruction of Congress'. He also makes history as the first President to be impeached in his first term.

On today's special BradCast coverage, we share remarks from the House floor debate, both in favor and against the Articles of Impeachment, from Speaker Nancy Pelosi and Representatives James Sensenbrenner (R-WI), Justin Amash (I-MI), G.K. Butterfield (D-NC), Kathy Castor (D-FL), and Clay Higgins (R-LA).

We are joined, once again, for analysis on this historic day by our good friend and award-winning journalist HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo. We discuss the arguments (or lack thereof) offered on the House floor on Wednesday from Democrats and Republicans. We debunk a number of the false arguments offered by Republicans in lieu of any actual defense of what the President has been accused of. And we look toward what happens next when (and if!) the Articles are conveyed to the U.S. Senate for a trial on the removal from office of Donald J. Trump...

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Climate crisis; Impeachment madness; 2020 debates; GOP voter purges...
By Brad Friedman on 12/17/2019 6:45pm PT  

The gods must be angry. But they have very good cause. Among the stories covered on today's BradCast [Audio link to show is posted below]...

  • At least four were killed and dozens injured as some 27 tornadoes reportedly ripped across the Deep South causing "total chaos" on Monday and Tuesday. In December. Is that normal?;
  • DNC Chair and former Labor Secretary Tom Perez steps in to help resolve a labor union dispute at Loyola Marymount University in Los Angeles that had threatened to derail Thursday's 2020 Presidential Debate. Now, it won't. And the union workers got a great deal out of it;
  • Nine Democratic Presidential candidates, led by Sen. Cory Booker (who did not qualify for Thursday's debate), petition the DNC to relax qualification thresholds for upcoming Presidential debates. The Party says it won't;
  • Another former Trump campaign officials is heading to jail. Rick Gates, Trump's former Deputy Campaign Chair and a top Transition official, receives 45 days in jail, three years of probation and a $20,000 fine for fraud and lying to federal investigators --- to which he pleaded guilty last year. His sentence comes despite prosecutors seeking no jail time after Gates had cooperated with federal officials in Robert Mueller's Special Counsel probe, by helping to to secure guilty verdicts against Trump Campaign Chair Paul Manafort and longtime Trump associate Roger Stone;
  • Donald Trump unleashed a bizarre, blistering, six-page, single-spaced, Donald Trumpian rant, disguised as a letter to House Speaker Nancy Pelosi [PDF] on Tuesday, decrying his looming impeachment as a "perversion of justice" by Democrats. The jokes seem to write themselves here, but for how pathetically sad, dangerous and threatening to our Constitutional order the behavior of this President of the United States now actually is;
  • That threat continues to spread to Congress, where the House Rules Committee on Tuesday set terms for Wednesday's House Floor debate on the two Articles of Impeachment against the President, as Rep. Jim McGovern, Chair of the Committee said he looks at Trump's attempt to use Ukraine to help him win the 2020 election as "a crime in progress", with Democrats "trying to prevent the President from rigging the next election";
  • While over in the Senate, Republican Majority Leader Mitch McConnell refused a request from Minority Leader Chuck Schumer to subpoena the testimony of four top Trump officials who were first-hand witnesses to Trump's Ukraine extortion plot. The officials, whose testimony is sought for the almost certain upcoming impeachment trial in the Senate --- in which Senators are supposed to serve as impartial jurors to determine whether Trump should be removed from office --- include Chief of Staff Mick Mulvaney and former National Security Advisor;
  • As McConnell continues to rig the Senate trial on behalf of Trump, Plan B for the removal of this President involves the ballot box. There too, Republicans are attempting to rig next year's election results. In Wisconsin, which Trump reportedly won by just 23,000 votes in 2016, a Republican-appointed Circuit Court Judge ordered the removal of more than 200,000 voters from the voting rolls before the 2020 election. The voters were previously set for removal in 2021 as the Wisconsin Elections Commission had planned, and as the League of Women Voters had argued in favor of. A rightwing group sued to have them removed before 2020 instead, and the GOP-appointed judge agreed. Dems vowed today to re-register them;
  • In Georgia, a federal judge allowed the purge of more than 300,000 voters identified by the Republican Sec. of State for moving or failing to vote in recent elections. But voting rights advocates argue that approximately 120,000 of them should not be on the list at all. The judge allowed the mass removal to move forward on assurances from the state those voters can be quickly restored after further hearings on the matter;
  • But, it's not just rightwing controlled states where voter registration concerns are rearing their ugly (if expected) head before 2020. Due to what is being described as a "computer glitch" related to the state's new, automatic registration system, as many as 100,000 voters in California may have had their party preference incorrectly changed on their registration files in advance of next year's upcoming March 3rd Presidential primary. The state's rules for who can vote in which party primary are particularly confusing. So, its a very good idea for residents who believe they are registered to check their registration at VoterStatus.SOS.CA.GOV to make sure they are still registered, and for the party they think they are. Those who are registered as permanent "No Party Preference" vote-by-mail voters but who wish to vote for a Presidential candidate in a party primary on March 3rd, will need to make that request with their County Registrar very soon or will receive a vote-by-mail ballot with no Presidential candidate options!;
  • Finally, Desi Doyen joins us for the latest Green News Report, as the U.N. climate talks in Madrid end without an agreement, but with much disappointment and rancor, thanks in no small part to sabotage by the U.S., and a new report finds the Greenland ice melt is on track for scientists worst case-scenario predictions of catastrophic sea level rise by the end of the century.

The gods have very good reason indeed to be angry again today...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest Hosted by Nicole Sandler with the DOJ's IG report on the Russia probe, and the latest Judiciary Committee impeachment hearing...
By Nicole Sandler on 12/9/2019 4:38pm PT  

It's NICOLE SANDLER back again guest hosting the BradCast on a day filled with breaking news.

From the release of the DOJ's Inspector General's Report on the origins of the Russia probe to the surprise huge story from the Washington Post, 'The Afghanistan Papers: A secret history of the war - At War with the Truth' and lots more, I begin the show recapping it all.

Then we move to the main event, the House Judiciary Committee hearing on the Intelligence Committee report on the impeachment inquiry. Daniel Goldman, the lead investigative counsel for the House Intelligence Committee, was the Democrats' lone witness who summarized the Democratic case for Trump's impeachment.

In his 45-minute opening statement, Goldman explained, "We are here today because Donald J. Trump, the 45th president of the United States, abused the power of his office, the American presidency, for his political and personal benefit. As part of this scheme, President Trump applied increasing pressure on the president of Ukraine to publicly announce two investigations helpful to his personal reelection efforts... When faced with the opening of an official impeachment inquiry into his conduct, President Trump launched an unprecedented campaign of obstruction of Congress — ordering executive branch agencies and government officials to defy subpoenas for documents and testimony...President Trump’s persistent and continuing effort to coerce a foreign country to help him cheat to win an election is a clear and present danger to our free and fair elections and to our national security."

Next stop, articles of impeachment? Tune in tomorrow for As the Trump Squirms...

Download MP3 or listen online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!

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A day full of both historic and chilling news...
By Brad Friedman on 12/5/2019 6:28pm PT  

Today's BradCast offers some historic news and some chilling news. And some that may be both. [Audio link to show follows below.]

U.S. House Speaker Nancy Pelosi announced on Thursday that she is directing House Democrats to move forward to draw up Articles of Impeachment against Donald J. Trump. It is only the fourth time in our nation's history for such an action. We share Pelosi's somber announcement and the history lesson that it includes, as well as the reaction from the White House, from Trump himself, and the steps that lie ahead in the House Judiciary Committee as we move toward a trial in the U.S. Senate for removal of the President.

The historic action, which reportedly may include as many as four different Articles of Impeachment --- Abuse of Power, Bribery, Obstruction of Congress (in the Ukraine affair) and Obstruction of Justice (in the Robert Mueller Special Counsel probe) --- has become necessary, according to Pelosi, to save the republic in light of Trump's recently revealed attempts to undermine the 2020 election with help, once again, from a foreign nation.

Then, the Dept. of Justice on Thursday announced two indictments of Russian hackers --- whose whereabouts are currently unknown --- as part of what officials describe as one of the largest cybercrime sprees in U.S. history. The sweeping criminal conspiracy was allegedly led by the two men, who officials have tied to Russian security services. It involves malware designed to defeat anti-virus software distributed by a group named Evil Corp (seriously) and used to siphon more than $100 millions dollars from the bank accounts of companies and even school districts in at least 11 states. The malware phishing schemes reportedly even targeted a small organization of nuns in Chicago.

While that attack has been broad and ongoing over many months, a seemingly separate scheme, also tied to Russians criminals, crippled technology services to more than 100 nursing homes across the U.S. with a ransomware attack on the company that provides the tech services to those facilities. Following a successful emailed phishing attack on November 18, that someone within the company appears to have clicked on, the network of the Milwaukee-based firm was infected, leading the cybercriminals to demand $14 million for the restoration of access to at least 100 hijacked servers. Reporting over the Thanksgiving holiday suggests the company will rebuild their servers rather than pay the ransom. But, in the meantime, some of the nursing homes serviced by the company were unable to access patient records, use the internet, pay employees or order medications. AP reports that ransomware attacks of this kind have been on the rise in 2019, particularly those that target critical public services, with some 70 such attacks in the first half of the year targeting more than 50 cities.

Another victim --- and here's where it begins to get even more chilling --- was the state of Louisiana. They appear to have been attacked on the same day as the Milwaukee tech services company. What makes this attack far more unnerving is that it took place just two days after Louisiana's recent gubernatorial run-off election on November 16.

While the state was quick to stop the spread of the virus, they had to shut down vital state services at dozens of agencies, including the Office of the Governor, the Louisiana State Legislature, the Office of Motor Vehicles, the Department of Corrections, the Department of Children and Family Services, the Department of Health and others, such as the Louisiana Secretary of State's office on the heels of the major runoff elections just two days earlier. Hundreds of computers were affected in the state overall, including those offering elections results to the public at the Secretary of State's website. Had the attack come just days earlier, it might have been devastating for the state's elections, which shamefully require all voters at the polls to vote on 100% unverifiable touchscreen computer voting systems. Had those been knocked out --- or the electronic pollbook systems required to use them --- chaos might have ensued in the closely watched statewide election.

Nonetheless, dozens of other states and counties around the country (many of them battlegrounds and/or highly-populated) are currently moving --- right now! -- to similar computer touchscreen voting systems that rely on working computer networks in advance of the critical 2020 elections. Those systems will be wildly vulnerable next year, where unhackable hand-marked paper ballot systems would not be. Are we insane?

Finally Desi Doyen joins us for the latest Green News Report, with even more chilling news. Though, in this case, it's about the warming of the globe and the GOP Senate confirming yet another lobbyist to a top Trump cabinet seat. Happily, there is a bit of good news in today's GNR as well, regarding California's ban on new fracking, and teen climate activist Greta Thunberg's safe arrival back in Europe for this year's U.N. climate conference in Spain...

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Special coverage of the first official House Judiciary hearing on Trump's impeachable offenses, with guest Heather Digby Parton...
By Brad Friedman on 12/4/2019 5:27pm PT  

As we try to tell you damned near everyday here on The BradCast, everything is ultimately about elections. All of it. Today's impeachment hearings, I'm happy to say, drove that point home yet again, particularly regarding concerns from our nation's founders about the corrupting nature of foreign influence on U.S. elections. [Audio link to show follows below.]

The House Judiciary Committee held its first official impeachment hearing on Wednesday, regarding the Ukraine scandal and, yes, obstruction of justice in the Robert Mueller Special Counsel's probe. Four academics testified on both the history and meaning intended by the founders of the phrase "high crimes and misdemeanors" in the U.S. Constitution's impeachment clause, and on what at least three of the four scholars smartly described as clearly impeachable offenses committed by President Donald J. Trump.

"President Trump has committed impeachable high crimes and misdemeanors by corruptly abusing the office of the presidency," said Noah Feldman of Harvard Law School. We share some extended excerpts from his opening statement as well as his fellow esteemed Constitutional law professors Pamela Karlan of Stanford Law School and Michael Gerhardt of the University of North Carolina School of Law. All three testified that the record is now clear that Trump committed impeachable offenses in his strong-arm bribery campaign to force Ukraine to announce an investigation against his potential 2020 rival Joe Biden in exchange for nearly $400 million in military assistance allocated by Congress but frozen by the White House in what Trump's own EU Ambassador described in a previous hearing as a "quid pro quo" scheme.

Today's hearing was surprising enlightening with the unusually lively and passionate academics answering sharp questions from both Democratic and Republican counsel and members of the Committee, as chaired by Rep. Jerrold Nadler (D-NY). Not all of those who testified, however, agreed that Trump should be impeached --- at least not yet. George Washington University School of Law professor Jonathan Turley --- the Republicans' witness, who testified in support of impeachment against Bill Clinton in 1998 because "he ha[d] deprived himself of the perceived legitimacy to govern" --- argued the record was still too "wafer thin" to move forward with Articles of Impeachment against Trump.

We discuss that point and many others, including the Democrats' reasons --- some good, some not --- for moving quickly on impeachment before voting begins in the 2020 primaries less than two months from today, with our ace Impeachment Hearing Correspondent HEATHER DIGBY PARTON of Salon and Hullabaloo. Democrats appeared to be homing in on at least three, and maybe four, Articles of Impeachment, as both Digby and I read today's hearing, including Abuse of Power, Bribery, Obstruction of Congress (in the Ukraine affair), and Obstruction of Justice (in the Mueller investigation). But there was far more from today's eight hours of hearings and our coverage of it than I can possibly summarize here, so I'll just strongly suggest you tune in.

Also covered on today's program (as both stories also concern the importance of elections to the very heart of our republic): Georgia's illegitimate Republican Governor Brian Kemp names a new, wholly inexperienced "Ivanka Trump"-like U.S. Senator for the Peach State, and NATO world leaders are caught on video tape laughing (and laughing) at, not with, the President of the United States. Happy travels back from the NATO Summit, Mr. Trump!...

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Guest: Constitutional law, impeachment expert John Bonifaz; Also: Kamala is out; Another no good, very bad day in court for Team Trump...
By Brad Friedman on 12/3/2019 6:09pm PT  

On today's BradCast: It was another very bad day in the federal courts for Donald Trump, though another very good one for the Rule of Law (for those who still care about such things), even as a new phase in the President's ongoing impeachment inquiry begins in the U.S. House. [Audio link to full show is posted at the end of this article.]

First up, some quick news of the day. California Senator and one time "top tier" 2020 Democratic Presidential candidate is dropping out of the race exactly two months before voting begins in Iowa in next year's nominating contest and just two weeks before the next Presidential debate set for her home state on December 19. We discuss the ramifications for the race and for the woman who might have been the first black female President (but who could very well still become the first such Vice President).

There was more bad news today for Trump and his family and his businesses in federal court on Tuesday, as a three-judge panel on the 2nd Circuit Court of Appeals in New York agreed with the lower court ruling that both Deutsche Bank and Capital One must turn over Trump-related financial documents to two House committees which had subpoenaed them. Trump and his family sued the banks to block the disclosure of what could be a treasure trove of damning documentation detailing years of Trump's dubious financial history and the sources of his funding after several bankruptcies and denials for loans from banks other than the German-based Deutsche. Despite his many business failures, that bank, for some reason, reportedly loaned Trump and his businesses well over $2 billion. Now that he's lost in court again, he has been given seven days to decide if he wishes to appeal to the Republicans' stolen majority on the Supreme Court before the banks will be required to turn over the records to Congress.

Tuesday's serious legal blow follows another one for Trump on Monday, when U.S. District Court Judge Ketanji Brown Jackson refused to place a Stay on her ruling from last week ordering Don McGahn to appear before the U.S. House Judiciary Committee regarding the former White House Counsel's testimony on Trump's many instances of obstruction of Special Counsel Robert Mueller's Russia investigation. The judge ruled the Trump Dept. of Justice's claim that the Presidency would suffer "irreparable harm," if McGahn was allowed to testify was baseless. She did, however, determine that the House Judiciary Committee's ongoing investigation would be "unquestionably harm[ed]" without it, "and by extension" the lack of testimony by the former White House legal chief "would also injure the public’s interest in thorough and well-informed impeachment proceedings."

Speaking of which, the impeachment action moves from the House Intelligence Committee to the House Judiciary Committee on Wednesday, with Judiciary's first public hearing on the Ukraine matter. They will work from a searing 300-page report released by the Intelligence panel on Tuesday, documenting serious abuses of power and obstruction of Congress by Trump that have been revealed during the past several weeks of public and private testimony regarding the President's campaign to withhold military assistance from Ukraine until they agreed to help him in the 2020 Presidential election. The Judiciary Committee's central aim, after the House Intelligence panel found Trump "placed his own personal and political interests above the national interests of the United States," will now be to determine if Articles of Impeachment are merited against the President.

Our guest today, who has written several books on impeachment and testified to Congress about "high crimes and misdemeanor" is Constitutional law expert JOHN BONIFAZ, Co-Founder and President of Free Speech for People. Bonifaz testified to House Judiciary Democrats during the George W. Bush era, explaining how the founders definition of "high crimes" was easily met by Dubya via his unlawful war in Iraq. He also favored impeachment of Bill Clinton back in the 90s, but tells us today that "nothing rises to the level of the kind of abuses of power we've seen under this President".

Bonifaz offers a preview of what four Constitutional law experts are likely to offer during their testimony at Wednesday's first hearing before the House Judiciary panel and explains how the Constitution's term "high crimes and misdemeanors" was meant to refer to abuses of office that were not necessarily defined as statutory crimes (since there were very few such crimes on the books when the Constitution was first adopted!) "This is not about demonstrating in a court of law that the President has committed x or y violations of the federal statutory code, a federal crime or state crime," he tells me. "This is about abuse of office, abuse of power, abuse of the public trust."

Bonifaz, whose latest book on impeachment with Ron Fein and Ben Clements is called The Constitution Demands It: The Case for the Impeachment of Donald Trump, argues that there is a long list [PDF] of abuses that merit the removal of this President. "We've laid out a number of Impeachment Articles that should be presented in Congress that go beyond the Ukraine scandal. They include racist abuses of power, the abuses of power at the southern border separating children and their families, violating their Constitutional rights. The abuse of the pardon power, in pardoning of former Maricopa County Sheriff Joe Arpaio. The list goes on," he says. "And this president need to be held accountable for the full range of his high crimes."

He also explains why he is critical of House Speaker Nancy Pelosi and other Democrats for not moving more quickly when they took control of the House in January, noting that had they initiated the various court battles over testimony and documents at that point, "we would be in a much different position today."

"We are where we are in part because of the unwillingness of the Democratic leadership in the House to do its duty the moment it assumed control of the House of Representatives. They ran on a platform in 2018 to be a check on this Presidency, and it took another nine months into their holding of the House control to start that process of being a check on this Presidency. And that's why we're in this predicament."

I also ask Bonifaz for his thoughts on the White House's legal claims of "absolutely immunity" (it "has no basis in the law," he tells me); whether Chief Justice John Roberts will find a way to block high profile witnesses, like Mulvaney and Bolton, when they are called by Democrats during an impeachment trial in the U.S. Senate (Roberts may "apply the argument that 'these matters are still pending in the federal courts,' so he's not going to override that"); whether he concurs with Robert Reich's argument today that impeaching Trump (whether he's removed or not) makes him legally and Constitutionally "unpardonable"; and how it is up to we, the people, to "stay alert, awake and engaged in fighting for our democracy and our Constitution because we cannot rely on those in power to save us and to save our democracy. We have to fight to protect it, and fight to protect our republic."

Finally, beyond the fight to protect our republic, there is the fight to save our civilization itself. On that matter, we are joined by Desi Doyen with our latest Green News Report, as several disturbing new studies on "catastrophic" tipping points for the climate are published as the nations of the world convene in Madrid this week for the latest U.N. Climate Summit...

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Guest: Election and criminal justice expert Daniel Nichanian; Also: House schedules new impeachment hearing as Trump appeals federal ruling finding 'Presidents are not kings'...
By Brad Friedman on 11/26/2019 6:44pm PT  

At the BRAD BLOG and on today's BradCast, we'll even fight for Donald Trump's right to vote --- even from prison, should he find himself there at any time in the near-ish future. [Audio link to show follows below.]

But, first up today, a bit of impeachment-related news, even as Congress is on recess for the Thanksgiving holiday. The House Judiciary Committee (as opposed to the House Intelligence Committee) has announced a new impeachment hearing for next Wednesday. Judiciary Chair Jerrold Nadler sent a letter to the President on Tuesday, inviting him and his counsel to attend and potentially question witnesses in the hearing titled Titled "The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment." Along with his invitation, Nadler also offered a warning about the White House's continued refusal to make witnesses and documents available to the Constitutional proceedings in the U.S. House.

In related news, Trump's Dept. of Justice on Tuesday filed for a stay to a blistering federal court ruling ordering that former White House Counsel Don McGahn appear for scheduled testimony in response to a lawful Congressional subpoena regarding the House's examination of the Robert Mueller investigation. McGahn played a key role in the probe, helping to detail Trump's multiple attempts to obstruct the Special Counsel's investigation of Russian interference in the 2016 election and Team Trump's cooperation with the effort.

The DoJ is now seeking a pause pending an appeal to U.S. District Judge Ketanji Jackson Brown's scathing 121-page ruling [PDF] issued on Monday, in which she eviscerated the DoJ argument that Presidents and their current and former White House officials enjoy "absolute immunity" from Constitutionally-mandated Congressional oversight. "Stated simply," the Judge wrote, "the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings."

Trump, however, appears to feel otherwise. In addition to appealing the order, Trump tweeted today that "The D.C. Wolves and Fake News Media are reading far too much into people being forced by Courts to testify before Congress," adding that while he "would love" to have top Executive Branch officials like Sec. of State Mike Pompeo, acting Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton testify in impeachment hearings in the Ukraine bribery affair, he is only "fighting for future Presidents and the Office of the President. Other than that, I would actually like people to testify."

But whether Trump wins his "absolute immunity" defense while President, it is unlikely to help him once he is out of office. To that end, yes, we'd hate to see him lose his right to vote if he ever should find himself imprisoned for any of his countless crimes. In the meantime, however, there are millions in prison who have already lost that right --- a right, not a privilege, even if many treat it that way --- while behind bars. There has been some noteworthy successful (and even bi-partisan in some cases) efforts of late in a number of states to help enfranchise former felons or those out of jail on probation or parole though state constitutional amendments, legislation or executive actions. But when it comes to the right to vote for those still in prison, the debate has been slower and more contentious. Currently, only Maine and Vermont allow prisoners to vote, a policy which Vermont's U.S. Senator Bernie Sanders strongly defended during a CNN Presidential Candidate Town Hall earlier this year.

At the same time, as our guest today, DANIEL NICHANIAN, Editor of The Appeal Political Report (better known as @Taniel on Twitter) points out, lawmakers in eight states and D.C. have filed legislation this year to allow people behind bars to exercise the right to vote. Rep. Ayanna Pressley (D-MA) has done the same at the federal level.

After a Republican New York state Assemblyman recently described a state Senate bill there that would enfranchise convicts as "insulting [to] members of law enforcement and the criminal justice system who worked diligently to get these dangerous predators off the street," Nichanian reached out to prosecutors, correctional facility officers and elected officials in Maine and Vermont to see if they agreed. You'll be surprised to learn that not one of them did, with almost all either finding it to be no problem or, more frequently, lauding the connection to "the real world" that voting allows imprisoned citizens as they pay their debt to society.

Nichanian, a Senior Fellow at the Justice Collaborative and expert on criminal justice reform and mass incarceration, shares insight from the officials he spoke with, and explains why reform on this issue (which disproportionately affects minorities) --- and a number of related topics --- is long overdue.

"We are not treating the right to vote as an inalienable, fundamental right of U.S. democracy, as a right that every citizen should have, and have protected," he tells me, explaining why "ending felony disenfranchisement would also mean that law enforcement professionals are no longer the arbiters of who gets to exercise democratic rights."

Nichanian notes that "the way in which we talk about people who are incarcerated, it would seem like we forget that these people have families, they have kids who go to school, and the school board elections matter to them. They have families who also need to care about their elected officials."

"There's all sorts of arguments of whether people are worthy of voting or not, whether people have shown enough civic capacity to vote or not," he argues. "And I find all of that universe of questions to be questionable, because we are claiming for ourselves the power and authority to decide whether our fellow citizens should have the same rights as us. I find that to be a problematic question. And I think that's just the bottom line: whether we want the right to vote to be a protected right for all U.S. citizens."

He says that "we are definitely seeing the criminal justice reform conversation encompass these issues of rights restoration, as a tool of re-entry, as a tool of thinking about how people remain human, as a way of thinking about economic justice and racial justice throughout the process." But whether that, theoretically bipartisan effort will ultimately become a fight for re-enfranchising felons remains to be seen.

We also discuss how the imprisoned population is used in the fight over apportionment, with the incarcerated counted in the census and for redistricting purposes, even while that huge chunk of the population is disallowed from exercising any real political power through the vote. "The time to address it is literally now, because the next round of redistricting and map-drawing is coming up. If this is going to be reformed, it has to be in the next couple of years, or else we'll have ten more years of problems on this."

Finally, Desi Doyen joins us today for our latest Green News Report as "climate emergency" is named "Word of the Year" by the Oxford Dictionary and, unfortunately, for very good reason...

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Also: Impeachment 101; NSC official offers first-hand corroboration of Trump's quid pro quo pressure campaign...
By Brad Friedman on 10/31/2019 5:59pm PT  

On today's BradCast, in an historic vote, the U.S. House officially adopted formal rules and procures to govern the ongoing impeachment inquiry of Donald J. Trump. We also do a bit of helpful Impeachment 101 to explain how it works, and what we know historically about the process from the three prior Presidential impeachment proceedings against Andrew Johnson, Richard Nixon and Bill Clinton. [Audio link to program is posted below.]

Then, it's on to today's vote in the U.S. House, undercutting a limp Republican argument --- already undercut by a federal court last week which determined no such vote was actually required by the Constitution to proceed with impeachment --- a sharply divided House adopted a resolution [PDF] by a 232 to 196 vote, setting out official rules for how the inquiry will proceed. All present members of the GOP voted against the measure and all but two Democrats (conservative ones, from districts won by Trump in 2016) voted in favor. So did former Tea Party Republican turned Independent Rep. Justin Amash of Texas.

The resolution sets the ground rules for upcoming public hearings in the House Judiciary Committee with witnesses who have testified to members behind-closed-doors in recent weeks. The adopted procedures allow the President and his attorneys to participate and cross-examine witnesses in those hearings, as well as request subpoenas for their own witnesses and other evidence, as long as they do not obstruct the proceedings or continue to withhold evidence. The Democrats are targeting a timeline that could see a vote on Articles of Impeachment in the Judiciary Committee and then the full House by Christmas, unless it is further derailed by continuing White House obstruction.

We cover the historic floor arguments today in favor of the resolution offered by Democrats from House Speaker Nancy Pelosi to Intelligence Committee Chair Rep. Adam Schiff to several rank-and-file members, along with arguments against the resolution from members like House Minority Leader Kevin McCarthy and Minority Whip Steve Scalise.

Even as today's vote was carried out, both Democratic and Republican impeachment investigators from the Intelligence, Foreign Services and Oversight Committees continued taking depositions behind closed doors on Thursday, from witnesses testifying about Trump's quid pro quo pressure campaign against Ukraine, which is at the center of the current effort to consider official Articles of Impeachment against the President. Testifying in the House today was the top Russia expert on the White House's National Security Council, Tim Morrison, who was hand-picked by his immediate superior, the extremely right-wing then National Security Advisor John Bolton (who Democrats have also summoned to offer testimony in coming days.) Morrison reportedly corroborated accounts by other senior Administration officials that Trump did, in fact, personally push to withhold $391 million in Congressionally-allocated security assistance to Ukraine in exchange for a commitment from its new President to open an investigation into Joe Biden and a conspiracy theory that Ukraine (not Russia) attempted to manipulate the 2016 U.S. Presidential election.

Finally today, Desi Doyen joins us for the latest Green News Report with new evidence that Donald Trump is losing --- and losing badly --- the "War on Coal", the ominous sign for every state offered by California's wildfires and power blackouts, a very disturbing new study on sea level rise, and a number of major automakers joining Trump in his battle against California and a number of other major automakers on mileage and emissions standards...

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AG Barr ordered to hand over grand jury transcripts, exhibits redacted from the Mueller Report to Congress by October 30
UPDATE 10/29/19: DC Circuit Court of Appeal Grants Temporary Stay of Order to Release Grand Jury Materials...
By Ernest A. Canning on 10/28/2019 9:35am PT  

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

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

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

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

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

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

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

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Guest: Campaign Legal Center's Brendan Fischer; Also: Republican worms turning on impeachment after Mulvaney 'confession'?...
By Brad Friedman on 10/18/2019 5:51pm PT  

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Dr. William 'DocDawg' Busa on that and two U.S. House Special Elections in NC as Dorian closes in; Also: TX shooting highlights 'gun show loophole'; Trump creates fake map to mask his AL hurricane lie...
By Brad Friedman on 9/4/2019 5:59pm PT  

On today's BradCast, w've got some very good news for democracy, for a change, today --- and it comes out of North Carolina of all places! But first, a few quick updates on some others stories we've been following recently on the program. [Audio link to show is posted below.]

  • Hurricane Dorian is weaker but larger after devastating parts of The Bahamas. The now-Category 2 storms is moving incredibly slowly northward, perilously close to the Florida Coast, and on a more direct path that could include landfalls in Georgia, South Carolina, North Carolina, and even Virginia. Massive storm surges and power outages are predicted for many of those states in the days ahead;
  • Following two recent mass shootings in Texas, one at a Walmart store in El Paso where 22 were killed by a white nationalist, the superstore chain announced a change to its policies on gun and ammo sales and is asking shoppers to no longer open carry weapons in their stores. Grocery giant Kroger has also now asked customers to leave their guns at home. In response, the terrorist-enabling NRA shot a letter to Walmart describing their new policy as "shameful".

    That, as law enforcement officials confirm that the gunman who killed 7 and injured more than 20 during a Labor Day holiday weekend shooting rampage in Odessa and Midland, TX had failed a federal background check for purchasing a firearm before buying his semi-automatic assault-style rifle through a private sale with no required no background check. The so-called "gun show loophole" in the federal background check law allows for private sales between friends and families, on a number of online forums, and via some vendors at gun shows. Such sales amount to an estimated 25% to 40% of all guns sales in the U.S., but NRA-controlled Republicans in Congress have refused for years to allow an up or down vote on measures that would close the loophole, despite overwhelming public support, including from members of the NRA;

  • Then, we get to the huge news out of the North Carolina Superior Court, where a three-judge panel (2 Dems and 1 Republican) unanimously ordered the GOP-dominated state legislature to redraw its state House and Senate maps before the 2020 elections. The court found the current maps to be partisan gerrymanders in violation of the state Constitution's Free Elections Clause, Equal Protection Clause, and Free Speech and Free Assembly Clauses. The current maps, as allowed for use in 2018 after the U.S. Supreme Court declared in early summer that federal courts may not block partisan gerrymandering, were themselves newly drawn after the ones created by state Republicans following the 2010 Census were found to have been racially gerrymandered in violation of the U.S. Constitution. The existing state legislative maps resulted in a 65 - 55 seat majority for the GOP in the state House, even after 2018's "Blue Wave" election when Democrats received 51% of the votes statewide to the GOP's 49%. The state Senate is similarly gerrymandered in favor of Republicans, as is NC's U.S. House map in the closely divided state where Democrats have held just 3 seats in the state's 13-seat Congressional delegation over the past decade.

    We're joined today once again by NC election expert and campaign consultant DR. WILLIAM BUSA of EQV Analytics, who is perhaps better known as "DocDawg" at Daily Kos. Busa breaks down what Tuesday's 357-page ruling [PDF] means for NC voters, describing "a court that clearly has had it up to here with the GOP's ten years of obstruction of justice in this matter."

    He believes the new maps will help "level the playing field" and possibility result in long-overdue Democratic majorities in one or even both chambers of the state legislature next year, though he details a potential GOP scheme to undermine the court's ruling that might explain the decision by Republicans to not appeal Tuesday's landmark order. "We won the vote" last year, he notes, "we just didn't win the map. If we win the map, we can win the vote again, and we'll have the whole shooting match."

    All of this is happening as two U.S. House Special Elections are currently underway in the state, with Election Day set for Tuesday (September 10) as the slow-moving Hurricane Dorian is creeping toward the state. One of the House elections will fill the seat vacated by the late Republican Rep. Walter Jones in NC's 3rd Congressional district which runs the entirety of the state's now-imperiled coastline. The other election, in NC's 9th district, is the long-awaited do-over election following the GOP Absentee Ballot Fraud Scandal last November which resulted in the State Board of Elections refusing to certify an extremely narrow reported "win" by the Republican candidate.

    What effect will the impending storm and all of these various controversies have on Tuesday's election --- if it is not postponed due to Dorian? Busa explains it all for us on today's action-packed program!

  • And finally, speaking of bad maps, we close today with the story of the somewhat mind-boggling and continuing attempts by Donald Trump to justify his false --- and potential unlawful --- repeated claims that Dorian was threatening the state of Alabama. It wasn't and isn't. But that hasn't stopped Trump from both lying about it repeatedly and today, incredibly, producing a clearly doctored map in the White House in hopes of supporting his obviously false claims...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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