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Latest Featured Reports | Thursday, September 29, 2022
KS Abortion Referendum Data Suggest Women Being Under-Counted in Midterm Polling: 'BradCast' 9/28/22
Guest: Tom Bonier of TargetSmart; Also: Hurricane Ian storms ashore in FL...
Critical Elections, Catastrophic Storm Bear Down: 'BradCast' 9/27/22
Poll workers needed!; Ian closing in on FL; Scofflaw TX A.G. flees process server; Congress nears Electoral Count Act update; Listener mail...
'Green News Report' 9/27/22
  w/ Brad & Desi
Ian takes aim at Florida; Fiona broke records in Canada; Noru pummels Philippines; Winter fuel prices soar; PLUS: Pacific Island nations call for fossil fuel non-proliferation treaty at U.N.
Recent GNRs: 9/22/22 - 9/20/22 - Archives...
'Gold Standard' SCOTUS Poll Finds Majority of Americans Support Expansion of High Court: 'BradCast' 9/26/22
Also: Disinformationists; Fascism rising; Hurricane Ian threatens FL; Callers ring in...
Sunday 'Heavy Traffic' Toons
Be sure to check PDiddie's latest collection of the week's best toons before crossing state borders. You're welcome!...
Trump, Lindell, Ginni Thomas --- Geniuses All!:
'BradCast' 9/22/22
GOP election conspiracists have bad lawyers; Also: Garland's moving (and telling) remarks at swearing-in of new American citizens...
'Green News Report' 9/22/22
  w/ Brad & Desi
U.N. Sec-Gen wants fossil fuel industry to pay up; New plastics initiative; Puerto Rico still lacking power and clean water; PLUS: Senate approves first climate treaty in decades...
Recent GNRs: 9/20/22 - 9/15/22 - Archives...
It's National Voter Registration Day!
(Who Knew?): 'BradCast' 9/20/22
Also: Beer shortage?!; More on DeSantis' migrant scam; Electoral Count Act reform news; Good (and bad) news for disabled voters; Much more...
'Green News Report' 9/20/22
Simultaneous storms, in Puerto Rico, Alaska, Japan; Climate change juiced Pakistan floods; Aussie energy turnabout; PLUS: Plastics plant blocked in LA...
Kidnapping is a Crime. Will DeSantis Be Held Accountable for It?: 'BradCast' 9/19/22
Also: Media still pulling punches on GOP; Elizabeth finally buried, so will CNN finally cover weekend's THREE hurricane landfalls?!; Plus, callers!...
Sunday 'Pawn' Toons
Make your move to PDiddie's latest collection of the week's best political toons...
Reagan's Big Government Gift to Big Pharma is Still Giving, Killing: 'BradCast' 9/16/22
Guest: Ernest A. Canning; Also: Trump's failed GA election theft; NH GOP Sen. nom flip-flops on 2020 denial; Patagonia gives away company to save planet...
More Good News for Ds; More Fraud Accountability for Rs: 'BradCast' 9/15/22
Biden approval up, strike averted; Trump NY fraud; Feds probe Lindell CO fraud; Fraud probe of MI GOP A.G. nom; NY Election Commish charged w/ absentee vote fraud...
'Green News Report' 9/15/22
U.N. says world in 'uncharted climate territory'; Summer 2022 hottest ever; Clean energy will save world $12 trillion; PLUS: Biden touts IRA, national EV charging network...
'Groundbreaking' Victory for CA's Half-Million Fast-Food Workers: 'BradCast' 9/14/22
Guest: TAP's Harold Meyerson; Also: Rail worker strike looms; Noteworthy primary results from DE, RI, NH...
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
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'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...


New poll finds democracy now top issue for voters; Also: Latest Trump accountability news; Midterm election news; Callers ring in on why they're voting this November...
By Brad Friedman on 8/22/2022 6:24pm PT  

Longtime listeners of The BradCast know that we see democracy as pretty much the number one issue that makes pretty much everything else possible. Even the climate crisis comes second for that reason. Congressional Democrats, on the other hand, have yet to make the threat that democracy itself now faces in America, thanks to Donald Trump and his GOP, much of a campaign issue. That's both curious and troubling, particularly following a new poll out today finding that democracy is "the most important issue facing the country for a plurality of registered voters." [Audio link to full show follows this summary.]

Among the many stories covered on today's show --- followed by some great callers in the second half today...

  • On Sunday, a federal appeals court gave Sen. Lindsey Graham (R-SC) a short reprieve from his scheduled testimony before the special grand jury in Georgia investigating the Trump-led criminal conspiracy to try and steal Georgia's 2020 election. Graham, who reportedly called the GA Sec. of State to see if it might be possible to toss thousands of lawfully cast votes, claims he was just doing his job as a Senator...from South Carolina...and has absolute immunity under the Constitution's "speech and debate" clause. His reprieve [PDF] from Fulton County District Attorney Fani Willis' probe is unlikely to last for long.
  • A different federal appeals court ruled on Friday that the Justice Department must release a memo written by its Office of Legal Counsel (OLC) during the Trump Administration, regarding then-Attorney General Bill Barr's decision to not charge the former President for some ten instances of obstruction of Robert Mueller's Special Counsel investigation into Russia's interference in the 2016 election. The DoJ claimed the memo, sought by a good government watchdog group under FOIA laws, was exempt from disclosure because it was part of the deliberative process in deciding whether or not to charge Trump. In fact, as a lower court previously determined, the memo was written after the DoJ had already determined they would not charge Trump.
  • Then, we move from the 2016 and 2020 elections back to the current one, now just 78 days away, when political pundits had long been telling us that Democrats would take a shellacking in Congress this November. But, as we've long noted, that Conventional Wisdom is by no means a certainty during these decidedly UNconventional times. Among the latest examples from 2022's UNconventional Times files, emotional remarks last week from a Republican South Carolina lawmaker who regrets his vote --- just weeks after casting it --- to restrict abortion in the state. He relates a disturbing story of a pregnant 19-year old woman whose water broke at 15 weeks, making the pregnancy unviable. But thanks to the state's new "fetal heartbeat" law, attorneys advised her doctors they could not extract the fetus until its heart stopped beating...two weeks later. She could have lost her uterus or even died during the interim. We share some of the state Rep's emotional response and his reasons for refusing to vote in favor of an even more draconian restriction on reproductive freedom now moving through the SC state legislature.
  • Still more today from the UNconventional Times file: Signs that inflation appears to be coming down on tons of products whose prices had surged last year. And signs, along with it, that pandemic supply chain snarls appear to finally be easing up as well.
  • Of course, all of that good news for American consumers is bad news for Republicans who have been hoping for a terrible economy to help them win back majorities in Congress this November. A new forecast from Fox "News" out today, however, finds that to be less and less likely as polling and other conditions continue to trend back in favor of Democrats. It's still an uphill climb for them in the gerrymandered House, but the GOP is clearly getting nervous. We discuss.
  • At the same time, in a lengthy deep-dive, Politico Magazine reported over the weekend that a number of old school Dems from the Carter Administration are concerned that Congressional Democrats are not making enough of a campaign issue out of the threat that Republicans now pose to American democracy itself. That, following Trump's January 6, 2021 U.S. Capitol insurrection and the boatload of bat-crap insane, Trump-endorsed 2020 election deniers who have been nominated for key positions to help decide the 2024 election in swing-states and non-swing-states alike this year. While Congressional Dems offer a reasonable argument for why they have been sticking with other issues this year --- "from energy and the environment to education, roads and infrastructure, abortion, health care, Trump and guns" --- rather than the threat posed by Republicans to democracy itself....
  • So, what do our listeners care most about this November? What issues are leading them to vote (or not vote)? We open the phones to find out and get some very good callers in response including a fun one from a confused Republican...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Elections results from ME, NV, ND, SC, TX; Vote system prob leads to IA recounts; MAGA County Commission in NM refuses to certify June 7 primaries...Just cuz...
By Brad Friedman on 6/15/2022 6:13pm PT  

With the bipartisan January 6 Committee having postponed today's hearing, we take the opportunity on today's BradCast to spend some time rebutting the disgraced former President's supposed rebuttal to the two damning hearings held to date. But, of course, we've got much more as well, including election results from Tuesday and evidence of both voting system problems and bad faith elected MAGA officials already trying to disenfranchise 2022 voters. [Audio link to full show is posted below this summary.]

Among the stories covered on today's program...

  • An error caused by paper jams during ballot scanning on Election Day at the precincts on the state's computer tabulators in Iowa during their June 7 primaries has reportedly resulted in a whole bunch of recounts across the state. Cedar Rapid's KCRG cites an email from the Sec. of State's office which has lead to those recounts, in hopes of reconciling the number of ballots misreported by the scanners as cast with the number of voters who actually signed in to vote.
  • Noteworthy election results from four states which held primaries on Tuesday (Maine, Nevada, North Dakota and South Carolina) and one (Texas) which purposely held a low-turnout U.S. Special Election yesterday, instead of at the same time as their regular primaries in March or primary runoffs in May. While we cover a lot of Tuesday's races, and why they matter (or don't), the most disturbing one is likely the Secretary of State's race in Nevada, where a 2020 election denialist by the name of Jim Marchant has apparently won a 38% plurality to become the GOP's nominee to become the critical swing-state's chief election official in advance of the 2024 election.
  • The dangers of an election denier like Marchant, who served as one of the state GOP's fake electors in 2020, and who has said he wouldn't have certified Joe Biden's victory over Donald Trump that year had he been SoS at the time, is a stark warning of what lies ahead. But we're already seeing the dangers of brain-poisoned MAGA Mobsters in positions of elected authority. The three-person County Commission in a very right-leaning rural county in New Mexico, is refusing to certify results from their June 7 primary. Even though votes are cast on hand-marked paper ballots across the state, the County Commission unanimously voted against certification of primary results, citing distrust of the County's digital ballot scanners made by Dominion Voting. They have no evidence of fraud, which might otherwise allow a court to order the hand-count they are seeking. They just don't trust the results in the County where Trump won 62% of the vote in 2020. The Republican County Clerk is furious and the Democratic Sec. of State is now suing the County Commission ahead of this Friday's deadline for County certification. Expect much more of this in the months and years ahead. We've long warned about exactly this type of fallout from our irresponsible rush to the use secret vote casting and counting systems made by private vendors and the avenues it opens for opportunists to claim fraud without any evidence of same.
  • On Monday night, after the bipartisan U.S. House Select Committee investigating the January 6, 2021 attack on the Capitol and other efforts by Trump to steal the 2020 election, our corrupt former President issued a 12-page rebuttal [PDF] to the Committee's first two hearings. We rebut his dumb rebuttal today. It leans heavily on tired, long-ago debunked nonsense, such as his lead in some swing-states on Election Night "inexplicably" disappearing (after heavily-Republican polling place ballots were quickly tallied before the arduous task of opening and verifying and counting heavily-Democratic vote-by-mail ballots one-by-one) and how thousands attended his rallies, while Biden chose not to hold super-spreader events during the worst pandemic in 100 years. Much of Trump's (ghost-writer's) claims were already debunked during the Committee hearings to date, which he seems to presume that his supporters didn't watch or are too dumb to understand.

    Trump's ghost-writer spends most of the rebuttal ink citing what is laughably described as "indisputable proof" of "Ballot Trafficking" presented in the repeatedly debunked 2000 Mules movie. That's a pretend documentary film created by a long-discredited GOP "election integrity" group named True the Vote and a rightwing activist named Dinesh D'Souza who actually pleaded guilty himself to several federal election fraud crimes before he was later pardoned by Trump.

    As noted, the film has been repeatedly debunked, including by us, several times by now. Months before it was even released, the Georgia Bureau of Investigations (GBI) and FBI concluded the group's claims about cell phone data purporting to reveal evidence of "ballot harvesting" by "mules" of tens or hundreds of thousands of fraudulent ballots cast in drop-boxes, in fact, reveals no crimes at all. A GA state Board of Elections investigation after the movie's release found that supposed "ballot mules" in Atlanta, shown via security camera footage in the film, were just regular voters legally casting their own ballot and those of direct family members. None of the "mules" are ever seen in the film visiting a drop-box or multiple boxes more than once.

    But, perhaps the most stinging rebuttal came from Trump's own Attorney General, Bill Barr this week. During sworn testimony to the J6 Committee, shared by the panel on Monday, Barr laughed out loud at even the mention of the name of the film, before going on to explain how he found it to be "singularly unimpressive," "indefensible," and that it failed to "establish widespread illegal harvesting." That, of course, is a long way from the "indisputable proof" Trump's dumb rebuttal claimed it to be.

  • Finally, speaking of the House J6 Committee, Republican Vice Chair Liz Cheney released a video teaser on Tuesday for its next upcoming hearing scheduled for Thursday. This one will focus on the pressure Trump placed on Vice President Mike Pence to help him steal the 2020 election by tossing out valid Electoral College votes on January 6, 2021. Cheney's teaser video includes testimony from one of Trump's top White House attorneys who says he warned outside lawyer John Eastman, who developed the scheme for Pence to toss out the votes, to "get a great f'ing criminal defense lawyer," adding "you're gonna need it."

Special Coverage of tomorrow's J6 Hearing, of course, on tomorrow's BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Special coverage with Salon's Heather Digby Parton on overwhelming evidence Trump knew there was no fraud, then raised $250 million for phony 'Official Election Defense Fund'; Also: Callers ring in...
By Brad Friedman on 6/13/2022 6:03pm PT  

On Day 2 of public hearings in the U.S. House, Donald Trump's greatest con continues to unravel. On today's BradCast, we get you all caught up on today's public hearings by the bipartisan U.S. House Select Committee investigating the January 6, 2021 attack on the U.S. Capitol and the attempt by the former President to steal the 2020 election by defrauding the nation. [Audio link to full show follows this summary.]

The witnesses who testified live today, as our guest HEATHER DIGBY PARTON of Salon and Hullabaloo pointed out, were all Republicans. And they all made clear that Trump not only lost the 2020 election, but he lied over and again about fraud, even though he was told...over and again, by his closest campaign advisers, top government officials and even his own family, that he lost fair and square. He knew his claims were, as his own Attorney General Bill Barr described it, "bullshit". Nonetheless, he kept barraging his supporters via email for more and more money for his "Official Election Defense Fund". But, as the Committee's Rep. Zoe Lofgren (D-CA) pointed out: There was no "Official Election Defense Fund" and the $250 million in small dollar donations Trump raked in all went to him, not to legal challenges of the 2020 election.

Once again, a mix of live and videotaped witness testimony put the lie to Trump's Big Lie fraud claims and the false notion that he believed them to be true. He didn't. He knew better. He just didn't care. Live witnesses today who underscored those points: Chris Stirewalt, the former Fox "News" political director who made the correct Election Night call that Trump had lost Arizona; BJay Pak, Trump's own U.S. Attorney in Georgia who investigated all of the many claims by Trump supporters of fraud in Atlanta, finding none of them to be true. He was forced to resign thereafter; Trump's own 2020 Campaign Manager, Bill Stepien, was scheduled to testify, but his wife suddenly went into labor on Monday morning, so the Committee relied on his video taped testimony in which he explained that he repeatedly told Trump that his claims of fraud were bogus; Philadelphia's Republican City Commissioner Al Schmidt who debunked Rudy Giuliani's false testimony to the PA legislature that more than 8,000 "dead people" voted in the state in 2020. "Not only was there not evidence of 8,000 dead voters voting in Pennsylvania," Schmidt testified, "there wasn't evidence of 8."

The most damning testimony may have come from Trump's former Attorney General Bill Barr, who said on tape that he and the DoJ tracked down every claim made by Trump and his supporters and found none of them to be true. "Boy, if he really believes this stuff," Barr testified thinking, "he's become detached from reality." No matter how "crazy" he told Trump the allegations were, it made no difference. Barr debunked the notion that the Dominion Voting systems company stole the election for Joe Biden, and even went on to dismantle the easily-debunked 2000 Mules movie which pretends to document tens of thousands of fraudulent ballots cast unlawfully by thousands of people in swing-states. Barr's debunking of that film, which he laughs out loud about, was suspiciously similar to our own debunking on this program several weeks ago.

Even longtime, top GOP election attorney Ben Ginsberg --- who successfully lead the RNC's fight to convince the U.S. Supreme Court to steal the 2000 election for George W. Bush --- testified live on Monday that there was "no credible evidence of fraud produced by the Trump campaign or his supporters." He also made clear that dozens of lawsuits rejected by the courts (including by many Trump-appointed judges) did, in fact, examine the merits of the challenges and found no basis for them.

"I think what is important, and I was really glad to see, that they decided to take one of these hearings and really attack the Big Lie itself," Parton tells us today. "Because I don't think you can really prove the case about Trump's coup plot without attacking that as well. They went from the very beginning. Trump was undermining the election 18 months before the election took place."

Parton also praised the panel's highlighting of Trump's "'willful blindness,' in which he is shown to have been told by everyone that the election was not stolen. We're talking about his own campaign team, people in his family, the Dept. of Justice, various officials around the country. They all said the same thing. Ginsberg pointed out the courts also said the same thing. [Trump] refused to see it, and in fact continuously got more and more angry, apparently, continually ignored what they said, and went toward the people who told him what he wanted to hear."

"That's actually a legal concept, where someone does have an obligation --- they have a responsibility to at least have some recognition of the facts of a case. You're not allowed to go into a court and say, 'I didn't know,' when you've had dozens of people telling you something. So that's leads to maybe a potential criminal referral."

She also explained how she was "shocked" by the Big Lie fund-raising scam. "We all sort of knew this but it hadn't really been a focus until now," she observed. "But I think this is super-important, because this could go toward a real fraud investigation, a real case of wire fraud, where they defrauded millions of devoted followers with a Big Lie. And, in fact, a lot of the people who were involved in that fundraising, they also knew it was a Big Lie because they just testified to it. This is kind of a big deal."

Finally today, we open the phones to see how listeners are responding to what the House panel has been unpacking over the first two hearings, with at least another four still to come...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Special coverage with Salon's Heather Digby Parton; U.S. Army vet, attorney, former Republican, Keith Barber...
By Brad Friedman on 6/10/2022 5:09pm PT  

On today's BradCast, we kick off our special coverage of the bipartisan U.S. House Select Committee's public hearings on Donald Trump's unprecedented attempt to steal the 2020 Presidential election via not only the deadly January 6, 2021 insurrection he incited, but via a well-coordinated (by Trump standards) 7-point scheme. [Audio link to full show is posted below this summary.]

During Thursday night's gripping and, at times, emotional first prime time hearing, the Committee began to lay out their case, placing the disgraced former President firmly at the center of "an attempted coup". It was a plot to prevent the peaceful transfer of power for the first time in our nation's history. The panel detailed what we will learn over a series of at least five more hearings over the next two weeks.

Last night, they employed disturbing, never before seen footage of the violent attack on the U.S. Capitol, and snippets of stunning video-taped testimony from a number of Trump's top officials and his own family members.

The pieces of evidence laid out on Thursday already make clear that Trump was told time and again, for weeks before the assault, that there was no evidence to support his claim that he lost the election due to fraud. His own Attorney General Bill Barr told him on several occasions that the claim was "bullshit." His own daughter, Ivanka Trump agreed with Barr. Both were seen testifying to that end on video last night.

Meanwhile, after Trump incited his supporters --- including extremist groups like the Proud Boys and Oath Keepers --- to attack the Capitol and threaten the life of Vice President Mike Pence, Trump did nothing to stop them for hours. His top general, Mark Milley, Chairman of the Joint Chiefs of Staff, testified that Pence contacted the military several times on January 6 to put down the insurrection, while the former President took no action at all. His Chief of Staff Mark Meadows, however, did contact Milley in an attempt to "kill the narrative that the Vice President was making all the decisions" and to "establish the narrative that the President is still in charge."

The damning evidence was presented before two live witnesses took the stand. One was documentary filmmaker Nick Quested, who was embedded with the Proud Boys on the night before the insurrection and the day of, capturing both their chilling assault on January 6 and a secret meeting between the heads of both the Proud Boys and the Oath Keepers on the night before. U.S. Capitol Police Officer Caroline Edwards, reportedly the first of more than 100 law enforcement officials to be critically injured that day, testified how she had been knocked unconscious by the Trump supporters, before awaking to continue the fight among "carnage" and "chaos" while slipping on the blood of her fellow law enforcement officers and being attacked with pepper spray from the violent mob.

There was much more presented by Committee Chair Bennie Thompson (D-MS) and Vice Chair Liz Cheney (R-WY), suggesting several of Trump's top allies in Congress sought pardons after January 6, and that, as his supporters were chanting "Hang Mike Pence!", Trump was following along via television in the Oval Office; became irate at aides urging him to take action to quell the violence; and even declared, "maybe our supporters have the right idea, Mike Pence deserves it."

We're joined today for analysis by Salon's award-winning opinion journalist HEATHER DIGBY PARTON and former U.S. Army Captain and now-retired attorney KEITH BARBER (who was also a lifelong Republican, until Trump.) He had long been a contributor at Daily Kos on legal and constitutional matters, and now writes at Medium.

Among the many questions discussed today...

  • What did they learn Thursday night that they hadn't known previously?
  • Who are these hearings meant to reach?
  • Why was Fox "News" the only major broadcast or cable news network too terrified to allow their viewers to watch the proceedings?
  • Why is the Committee so focused on the violent, seditious conspiracy carried out by the Proud Boys and Oath Keepers, and is there evidence they conspired directly with the Trump Administration?
  • What are the seven points in Trump's failed plot to steal the election that the Committee will detail in the days ahead?
  • How do the claims by Trump supporters that they support law enforcement square with the MAGA mob's brutal assault of Capitol Police?
  • What do both of our guests hope to see from the hearings in the days ahead?
  • And will the hearings continue to grab the attention of the American people?

Both Parton and Barber offer insight and analysis for us today on all of the above and much more!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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, Stitcher, TuneIn or our native RSS feed!
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Guest Host Nicole Sandler with Emptywheel's investigative journalist on the Durham probe, Sussman acquittal, Jan. 6 hearings, more...
By Nicole Sandler on 6/1/2022 3:47pm PT  

It's NICOLE SANDLER back with you, guest hosting the BradCast once more this week. [Audio link to full show follows this summary.]

On Tuesday, a jury in DC acquitted Michael Sussman, an attorney whose firm worked for Hillary Clinton during the 2016 election, of lying to the FBI. The failed prosecution comes three years after Donald Trump's Attorney General Bill Barr tapped U.S. Attorney John Durham to open a Special Counsel investigation into the origins of the FBI's probe into Russian interference in that election. Or, as the former guy demanded at the time: "They now go and take a look at the oranges of the investigation... the beginnings of the investigation, about the Mueller report."

The jury only deliberated for six hours before finding Sussman not guilty of lying to his FBI contact about working with the Clinton campaign when he tried to warn the federal agency about unexplained data transmissions between the Trump Organization and a Russian bank. Sad!

I'll admit that I have not followed this case or Durham's overall investigation very closely, despite many on the right desperately describing Durham's case against Sussman as a "BOMBSHELL!". But, that's probably because I don't watch Fox Not-News.

Investigative journalist MARCY WHEELER, on the other hand, has followed all of this very closely, takes her work very seriously and explains this insane prosecution and much more today. As she notes toward the end of the today's interview, "I've lived and breathed this stuff for 18 months now." She covers all of it in great detail at her somewhat eponymous website, Emptywheel.net.

So, Marcy is my guest whole hour. She's filled with details and stories, tells us all we need to know about this trial and Durham's overall (largely fruitless) investigation, which had no real predicate to begin with, other than Barr believing something didn't seem right about the original investigation into Russia's involvement in 2016.

Then we also look ahead to next week, as the U.S. House Select Committee's public hearings on the January 6, 2021 investigation begin next Thursday night...

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Guest: Const'l attorney John Bonifaz of FSFP; Also: Trump more involved in 2020 gambit to seize voting machines than previously known...
By Brad Friedman on 2/1/2022 6:53pm PT  

On today's BradCast: Self-declared Republican "Constitutionalists" may not turn out to be huge fans of the written text of the U.S. Constitution after all. Particularly Section 3 of the 14th Amendment which bars from federal office those "who, having previously taken an oath, as a member of Congress, or as an officer of the United States...to support the Constitution of the United States...engaged in insurrection or rebellion against the same." [Audio link to full show is posted at end of this summary.]

That's turning out to be very bad news right now for North Carolina's Republican Rep. Madison Cawthorn. It could also turn out to be bad news in the not too distant for other members of the MAGA Caucus in Congress and even our disgraced former President --- even if that might be good news for the rest of the nation.

Last month, an official complaint [PDF] was filed by voters with NC's State Board of Elections, charging that Cawthorn must be disqualified from running for re-election this year in the Tar Heel State. The freshman Congressman reportedly participated in planning meetings for the rallies in advance of the deadly attack on the U.S. Capitol on January 6th, 2021 and spoke at the rally on the Eclipse in front of the White House prior to Donald Trump's speech directing supporters to head to the Capitol and "fight like hell". Cawthorn also joined dozens of other members of the House and Senate that day in voting against Joe Biden's Electoral College victory, despite the lack of evidence of fraud that might have changed the certified results of the election in any state.

The effort to block Cawthorn's candidacy in NC is the first official volley in the 14Point3.org campaign created by good government groups Free Speech for People and Our Revolution. NC state law requires that candidates must meet all requirements for office as detailed in the U.S. Constitution and further requires potential candidates to disprove any challenges to those qualifications, such as their age, legal residency, citizenship status or, in this case, whether or not they've "engaged in insurrection or rebellion" against the U.S. Constitution.

We're joined today by longtime Constitutional law expert JOHN BONIFAZ, co-founder and President of the non-partisan, non-profit Free Speech for People, to discuss this rather amazing and actually quite serious challenge to Cawthorn's candidacy and perhaps additional challenges to other insurrectionist candidates such as Marjorie Taylor Greene of Georgia, Mo Brooks of Alabama, Paul Gosar of Arizona, Lauren Boebert of Colorado and potentially even one Donald J. Trump.

"It's a 'novel' challenge in the sense that it's the first such challenge since the Reconstruction Era," Bonifaz tells me, while noting that "during that time, Section 3 of the 14th Amendment was applied to many Confederates who remained in positions of government power." But, he explains, "the Framers of the 14th Amendment were clear that if you take an oath of office to defend and protect the Constitution, and then you turn around and engage in insurrection or give aid and comfort to it, then you are prohibited from holding future public office. Now, we have the second insurrection in our nation's history and those who incited the insurrection or gave aid or comfort to it must also face accountability under that mandate."

The challenge is serious enough that, on Monday, Cawthorn filed a federal lawsuit in hopes of quashing the inquiry into his role on January 6th. His lawsuit claims that the State Board has no authority to keep him off the ballot. Bonifaz describes the claim as absurd. "If Madison Cawthorn were ten years old and seeking to be on the ballot in North Carolina, there'd be no question that he's ineligible to be placed on the ballot because he doesn't meet the age qualification for a member of Congress. This is another qualification requirement --- you cannot take an oath of office, as Madison Cawthorn did on Jan. 3, 2021, and then turn around and engage in insurrection and hold public office again."

"Instead of complying with the process that is laid out under state law, he has now rushed to federal court with his attorney to try to completely declare the whole process by which candidate qualifications are brought to be unconstitutional" Bonifaz contends. "If it's so hard for him to prove that he's not an insurrectionist, maybe the real question is why Section 3 of the 14th Amendment should not be applied to him."

"If he's really nervous about appearing before the State Board of Elections, that may be a real indication that the Board needs to act in the voters' favor. But the very fact that he's doing an end run around the state process and rushing into federal court ought to tell you a lot about whether Madison Cawthorn wants to appear before the State Board of Elections to defend himself."

Cawthorn's attorney has also offered another unique defense. He charges that the last part of Section 3 states that "Congress may by a vote of two-thirds of each House, remove such disability" and that the Amnesty Act of 1872 declared just that. Yes, Cawthorn is relying on the dispensation given specifically to former Confederate rebels in 1872 to try and remain on the ballot in 2022. Bonifaz explains on today's program why he is less than impressed with that defense.

For the moment, while there is a separate legal challenge to NC's newly gerrymandered Congressional maps, the qualifications process for all candidates in the state is on hold. Once the maps are settled, however, Bonifaz says the Board's "longstanding process by which voters can bring these kinds of challenges" includes creating a panel that will have 20 days to hear the case in which Cawthorn will have to defend himself, before the matter goes to the full Board and then, potentially, to state court on appeal.

One way or another, the matter must be settled in a few months before the state's primary election. It has resulted in a fascinating conversation among Constitutional law experts on the matter of what it means to "engage" in an insurrection. Bonifaz explains why he believes that conviction for sedition or insurrection in a court of law is not necessary to trigger the Constitutional clause. And if Cawthorn is, in fact, disqualified from running in North Carolina based on restrictions in the U.S. Constitution, what will that mean for other such insurrectionist candidates in other states in 2022 and, indeed, for Trump himself, if and when he attempts to become a candidate on the ballot again in the critical and closely divided swing-state in 2024? All of that, and much more is discussed on today's program.

Also today, speaking of insurrectionist Trump, new exclusives late last night from both CNN and the New York Times suggest that the disgraced, twice-impeached former President was much more personally involved in the attempt to seize the nation's voting machines following the 2020 election than previously reported. Also, that his efforts were far broader than previously known. CNN reports that there were actually two different Executive Orders drafted up for Trump's use. One was recently obtained by Politico, which we discussed last week. That one would have ordered the Department of Defense to seize the machines. The other order would have directed the Department of Homeland Security to do so. Team Trump was reportedly told by DHS that the federal agency lacked the authority to impound the voting systems.

But the Times offers new details on a third effort, which included a personal appeal by Trump in the Oval Office to his then Attorney General Bill Barr to have DOJ impound the voting systems. Barr, to his credit, is said to have immediately shot down the idea, telling the desperate loser that, since there was no evidence of fraud on the systems, the DoJ had no probable cause to believe they had been used in any crime. Trump's A.G. tendered his resignation shortly thereafter.

Finally today, Desi Doyen joins us for our latest Green News Report with bad news for fans of winter sports and good news for opponents of more deadly oil and gas drilling in the Gulf of Mexico...

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Also: NatSec journalist Marcy Wheeler with 'perspective' on Trump DoJ 'spying' on Dem lawmakers, lessons Adam Schiff may learn from it...
By Brad Friedman on 6/16/2021 5:56pm PT  

Our plans for covering the Biden/Putin summit in Geneva today were happily tossed aside late today, with the big news that West Virginia Democrat Joe Manchin is apparently willing to compromise on a voting rights bill in the U.S. Senate! Frankly, it's more important right now than Biden/Putin, so they got bumped from today's BradCast. We didn't, however, bump our guest today, who offers some critical insight on the disturbing news that Donald Trump's Justice Department "spied" on House Democrats Adam Schiff and Eric Swalwell. [Audio link to full show follows this summary.]

First up, Sen. Manchin has been the only Democrat in the upper chamber unwilling to come on board as co-sponsor of the For the People Act (H.R.1 in the House, where it's already passed and S.1 in the Senate, where Manchin is holding it up.) In fact, he recently declared in a hometown paper op-ed that he opposes the measure (even though he co-sponsored it back in 2019), while also restating his opposition to reform of the filibuster. Such reform would be required to adopt the For the People Act with a simple majority of Democrats in the Senate.

Today, however, Manchin released a memo [PDF] detailing his "Compromise" points for support of the For the People Act! We discuss those points at the top of today's show. They include a whole bunch of stuff that's in the current measure already adopted by the House, along with a few "New" items that he is seeking. Most of them are acceptable (such as "Make election day a public holiday"), where some others (such as a measure for seemingly modest "voter ID" requirements) may be a bit more controversial among some Democrats and voting rights advocates.

All told, however, while the devil remains in the details --- and his simple bullet points offer few --- we see nothing particularly objectionable about Manchin's "Compromise" list. At least nothing that should prevent passage of such a measure ASAP to help counter some of the extreme voter suppression measures currently being adopted by Republicans at the state level around the country in advance of the 2022 mid-terms.

There is still the problem that, as Manchin's memo notes, "federal voting rights legislation must be the result of both Democrats and Republicans coming together to find a pathway forward." He's right, of course, in general. But the fact is that Republicans have zero interest in finding any such path. There is also the problem that, even if Dems can settle on a bill they (and Manchin) all like, there is little chance in hell that even one Republican will come on board to support it, much less the 10 that would be needed to overcome a GOP filibuster. If Manchin won't agree to compromise on the filibuster --- at least to pass democracy related legislation --- the measure would go nowhere.

Still, one step at a time. Today's news, that Manchin is finally willing, at least, to compromise on the For the People Act, is tremendously encouraging for those of us who care about the survival of democracy in the U.S.

Next, we're joined by long-time, independent national security journalist MARCY WHEELER of Emptywheel, with some critical insight on the news that broke late last week revealing the Trump Dept. of Justice secretly subpoenaed phone, email and text message records of House Democrats Adam Schiff and Eric Swalwell in 2018. Both were, and are, members of the U.S. House Permanent Selection Committee on Intelligence (HPSCI) and both were regarded by our disgraced former President as his political enemies.

In addition to Schiff and Swalwell, the Trump DoJ's shocking secret surveillance also included scores of Congressional aides and even their children, purportedly as part of a probe into leaks regarding a Foreign Intelligence Surveillance Act (FISA) warrant taken out during the Obama Administration on 2016 Trump Campaign advisor, Carter Page.

Following the news this week, the House Judiciary Committee announced a formal investigation into what they describe as "a pretext to spy on President Trump’s perceived political enemies". Also, Attorney General Merrick Garland has asked the DoJ Inspector General for a probe into the matter as well.

Wheeler, however, offered some very helpful "perspective on the politicized leak investigation" by Trump's DoJ at her website, which we discuss today. Among the points she notes: This isn't actually "spying"; It isn't actually unprecedented --- well, mostly; and the fact that the secret subpoenas reportedly only sought metadata (records of who and when someone was called, emailed or texted, rather than the actual content of those communications), shouldn't really bother Democratic lawmakers at all, given that they have long defended the collection of "just" metadata in probes by law enforcement officials.

Wheeler notes Schiff has been "championing" the "it's 'just' metadata" claims for years "when he talks about surveilling Americans." But, she explains, "when you get metadata [going back] ten years, that is enormously powerful." Putting limits "on the span on metadata that you can pull without a judicial order" might be "something, maybe that Adam Schiff will have learned his lesson" from here, she quips.

Moreover, the breadth of the secret subpoenas --- for example, obtaining Schiff's records from Apple going all the way back to 2009 for an investigation into a leak that occurred in 2017 --- was wildly broad. And, though the records apparently didn't reveal any of the Congressmembers or their staff (or their children) were guilty of leaking, the FBI and DoJ were legally allowed to hold onto to those records for years, potentially using them for other reasons as well, as it appears Trump's AG Bill Barr may have. As Marcy snarked in her piece on this at Emptywheel: "It’s a pity for Adam Schiff that no one in charge of surveillance in Congress imposed better trackability requirements on FBI’s access of its investigative collections."

Schiff is currently the Chair of HPSCI. At the time of the secret subpoenas, he was the Committee's ranking Democrat and has long been supportive of these types of virtually limitless subpoenas, according to Wheeler.

There are other outrages here, for example, the length of allowable gag orders, preventing companies like Apple from notifying customers, for years, that they are being surveilled, as in this case; the fact that there are no real requirements for narrowly tailoring such broad searches. Wheeler is hopeful that lawmakers may learn from this, now that they have become the targets. Naturally, they are bothered when it happens to them and to journalists, whereas the same invasive practices targeting ordinary Americans receives little attention or concern from lawmakers.

"The standard is there is no probable cause required," for these kinds of searches, she explains. "The FBI could have just said, 'We need all of the phone records for everybody on HPSCI because they are the people who got the document that was leaked,'  and that meets the relevant standard. And that is the standard that Adam Schiff has been telling us for years isn't all that intrusive"...

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Guest: Const'l Attorney John Bonifaz on reversing 'the road to tyranny' (and also on how to get foreign corporate money out of U.S. elections)...
By Brad Friedman on 6/15/2021 6:46pm PT  

Writing at Washington Monthly today, asking "Why Is Merrick Garland Defending Bill Barr's Policies?," law professor and Free Speech for People (FSFP) Board Member Jennifer Taub quips: "This is Merrick Garland's Tylenol moment, and by which I mean he has more than a headache but a poisoning on his hands." Yup. Today's BradCast won't cure his headache, but it may offer an antidote for the poisoning...if he pays attention. [Audio link to full show follows below.]

The new Attorney General spoke at the Dept. of Justice on Tuesday about his national strategy to focus on the rise of domestic terrorism, particularly carried out by white supremacists in the wake of the Trump-incited January 6th attack on the U.S. Capitol. Garland described such incidents as "attacks on all of us collectively, aimed at rending the fabric of our democratic society and driving us apart," adding: "We have an enormous task ahead, to move forward as a country, to punish the perpetrators, to do everything possible to prevent similar attacks and to do so in a manner that affirms the values on which our justice system is founded and upon which democracy depends."

Garland's remarks follow on his announcement Friday that he is doubling the number of DoJ attorneys focused on enforcing voting rights at the federal level in light of new vote suppression laws being adopted by Republicans in states around the country.

So, he seems to understand at least two major threats to the values "on which our justice system is founded and upon which democracy depends." But is he really prepared to punish all of the perpetrators?

Every day now it seems that stunning new information is revealed as to just how poisoned our Dept. of Justice had become under the Trump Administration, as the former President used the nation's once widely respected law enforcement agency for his own personal purposes, to protect himself from legal accountability (as in former AG Bill Barr's use of the department to block Trump from criminal accountability for obstruction following Special Counsel Robert Mueller's findings and from civil accountability in the defamation case filed by Trump's alleged rape victim, E. Jean Carroll, both of which Taub writes about today); to wield power against his perceived political enemies (as we learned last week, when it was revealed that the DoJ secretly obtained phone, email and text message records from Democratic lawmakers and several media outlets in 2018); and, in futile efforts to keep himself in power (as we learned today, based on emails obtained by the House Oversight Committee revealing Trump tried to order the DoJ to file briefs in the U.S. Supreme Court in support of his evidence-free big lie that the 2020 election was stolen from him).

As more and more emerges, it's difficult to keep up with it all. But, sadly, what we know so far is likely only the tip of the iceberg. That's why, back in February, a group of non-partisan government watchdog groups penned a letter [PDF] to then Judge Merrick Garland, prior to his confirmation as AG, calling on him to form a task force at the DoJ immediately after being confirmed, "to investigate any potential federal criminal or civil violations that may have been committed by former President Trump, members of his administration, or his campaign, business, or other associates."

The letter, which has now been signed onto by more than 200,000 Americans, according to FSFP, asks Garland to convene the task force to probe Trump's "flurry of unethical, unconstitutional, and often criminal activity, culminating on January 6, 2021, with the seditious insurrection on the United States Capitol incited and encouraged by former President Trump and his allies."

"If we are to begin the process of restoring the integrity of the Department of Justice and the rule of law to our nation," the groups write --- before detailing at least five different categories of "potential offenses" by the previous administration --- "it is essential that the Department thoroughly investigate these actions and, where warranted and appropriate, hold accountable those who have violated the nation's laws."

That DoJ task force, however, has yet to be formed. And Garland, according to our guest today, Constitutional attorney and longtime voting rights champion JOHN BONIFAZ, co-founder and President of FSFP, has yet to reply to the February letter.

On today's show, Bonifaz explains why "it's critical" that this task force be stood up, and why such a group of prosecutors need to be convened in this matter, rather than an independent commission formed by Congress, a blue ribbon panel formed by the White House or even another Special Counsel investigation launched by DoJ.

While he supports Congressional oversight in general, he explains: "The reason why we believe a task force is the best way to go over a Special Counsel is we do think this should not be assigned outside of the Department to someone who then is seen, as Robert Mueller was, as the sole arbiter of this." While disagreeing, as many scholars do, with the notion that a sitting President cannot be criminally indicted, Bonifaz explains that Mueller's report "was very clear that once the President was out of office, he would be free to be prosecuted for those crimes."

"That's just one example of many as to why this task force needs to be created," he tells me. "There are multiple investigations that need to proceed, and potentially multiple prosecutions. It would be an outrage for this Administration to claim that it's going to turn the page, it's not going to conduct that kind of accountability for those that have engaged in such lawless behavior in the last Administration. That's what happens on the road to tyranny. If we're to protect our democracy and our Constitution, it's critical that we hold Donald Trump and his associates accountable for the violations of federal criminal law they may have committed."

We discuss a number of the already known issues currently crying out for real probes by federal prosecutors if the DoJ is ever to be restored; concerns about Trump associates still burrowed in at Justice; the many investigations known to have been shut down by Barr which should quickly be re-opened; and the question of "why is the Biden Justice Department continuing the work of the Barr Justice Department" when it comes to attacks on press freedoms via only-recently lifted gag orders on secret subpoenas of reporters' private records and "the intervention that the Barr Justice Department started in the E. Jean Carroll case --- both of these decisions were clearly made with Garland's knowledge."

I also ask Bonifaz for his opinion on whether he believes Garland is actually up to the gargantuan task of dealing with the ongoing and increasing problems that DoJ must now handle regarding all sorts of criminal and civil matters, even while bringing both accountability for the unprecedented corruption of the previous Administration and the necessary reforms at DoJ to avoid the same or worse abuse of the nation's top law enforcement agency in the future.

"I think this is a moment for the Department of Justice, but also for democracy and our Constitution. And they need to get it right," he explains.

In a separate matter, FSFP --- which was founded in the wake of the Supreme Court's 2010 'Citizens United' ruling that opened the floodgates to corporate money in American elections --- is now working at the state level to enact model legislation that would bar corporations with foreign investors (which is a whole lot of them!) from being allowed to spend money in state and municipal elections.

Finally, we're joined by Desi Doyen, as new temperature records are being smashed during the year's first major (and very early) heat wave, for our latest Green News Report. Beyond the bad news about climate change, we've got some very good news to close with today, particularly for folks up in Alaska...

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Also: Dominion Voting Systems sues Rudy Giuliani for $1.3 billion in yet another defamation suit against a Team Trump attorney...
By Brad Friedman on 1/25/2021 6:22pm PT  

If you thought the news might slow down a bit with Donald Trump finally out of office, you may still have to wait a while.  On today's BradCast, we pick up where Friday's left. Moments after we got off air a ton of astonishing news broke, and it has continued right up through airtime today.  Most notably, the stunning story of just how close the nation's mercifully former President actually came to stealing the election from Joe Biden and the American people is only just now beginning to come together. [Audio link to full show follows below summary.]

We start today --- (which, by the way, marks our 17th Anniversary of muck-raking and trouble-making via The BRAD BLOG! Please feel free to help us continue our reader/listener supported work into our 18th year with a much-needed donation!) --- with another $1.3 billion defamation suit filed against yet another Team Trump legal liar and defamer.  Following a similar suit filed by Dominion Voting Systems against Trump's attorney Sidney Powell just weeks ago, his lead election-theft attorney, Rudy Giuliani, has now also been slapped with a $1.3 billion defamation lawsuit by the Canadian-owned firm.

The 107-page complaint [PDF] filed on Monday, as we detail at some length today, charges that Giuliani repeatedly fueled Trump's "Big Lie" about the election and the repeatedly evidence-free claims that Dominion's systems were somehow used to steal it from Trump for Biden. These are the false claims that Giuliani made over and over again in public, on rightwing media and on his snake-oil peddling YouTube show, ironically named "Common Sense". They are also, as Dominion points out in the complaint, the same claims that Giuliani failed to make in a court of law, where he could actually be punished for his egregious and repeated "voter fraud" lies.

The company charges that the false information from Trump's attorney was also retweeted and shared millions of times on social media, leading to broad distrust and millions in potentially lost business by the private voting systems vendor. Giuliani's months long assault also resulted in a number of vile and violent death threats to company employees and contractors alike.

The central false claim by Giuliani --- which we have detailed on previous programs --- is based on a wildly bastardized and re-imagined version of a deep-dive investigative exclusive from The BRAD BLOG that I published more than 10 years ago. It relates to Dominion's 2010 purchase of another voting machine company that had once been owned by still another voting machine company that was once tied to Venezuela and its now deceased President, Hugo Chavez. My decade-old, completely accurate story was so bastardized by Rudy and Team Trump that, at one point, while he was giving false testimony about Dominion "fraud" to the GOP-majority Michigan state legislature in early December, Rudy claimed that Dominion's owners were brought "down to meet Chavez just two years ago."  (Chavez has been dead for seven years.)

As also explained today, we are no fans here of private voting companies having any place in our public elections. Nonetheless, Dominion is right to sue for the libelous and dangerous falsehoods repeatedly told by Team Trump, which also fueled the violent, attempted insurrection by the enraged and disinformed MAGA Mob at the U.S. Capitol on January 6. Moreover, there may well be more such suits coming in the days ahead. The firm has indicated they may even file suit against Trump himself.

All of that served as the basis --- at least in Donald Trump's addled-brain, as we learned over the weekend --- for a gob-smacking, last minute attempt by the then President of the United States earlier this month to also stage a coup at the U.S. Justice Department! He reportedly attempted to replace his Acting Attorney General with yet another lackey who was willing to use the Dept. of Justice to file suit at Trump's stolen and packed U.S. Supreme Court to reverse the 2020 Presidential election results in one or more states, and to lie to Georgia's elected officials that the DoJ was investigating major voter fraud in the state. That, the hare-brained but wildly dangerous scheme argued, should have then led Georgia state legislators to void the results and award the state's electors to Trump. In reality, Biden won the Peach State narrowly last November. There has been no credible evidence to suggest otherwise and, in fact, there has been quite a bit of evidence to suggest the results in Georgia were accurately tabulated by the Dominion systems.

On Friday, the New York Times' Katie Benner published the shocking scoop on that attempted DoJ coup, that --- along with several other pieces of reporting in recent days and weeks --- gets us a bit closer to understanding just how close Trump was to pulling a trigger that might have resulted in the complete undermining of American democracy and the stolen election he was after. We detail the plot to remove Trump's Acting Attorney General (the one he installed when even Bill Barr was unwilling to go along with Trump's phony election fraud scheme), prevented only by a vow of top officials at DoJ to resign en masse if Trump went through with it. The details, however, are as stunning as the story itself, and help to spell out exactly what Trump was hoping for with the insurrection he (and Giuliani!) incited at the Capitol on January 6th and how close he came to actually pulling it all off!

All of which underscores how the two week delay now scheduled in the U.S. Senate before Trump's second impeachment trial begins is likely to make things far worse, rather than better, for the disgraced, now former President.

Buckle up for today's latest edition of The BradCast!...

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Guest: The American Prospect's David Dayen; Also: Election chaos at White House; Barr nixes Special Counsel probe of 2020 'fraud'; Fox 'News', running scared, debunks self after legal threat from election vendor...
By Brad Friedman on 12/21/2020 7:37pm PT  

On today's BradCast: Donald Trump's days in the White House are ending, but his response to that reality (and the reality of the most devastating hack of the U.S. government ever) is becoming more manic and desperate by the day. But at least, after nine months, Republicans have seen fit to allow some much-needed, long-overdue financial relief for sick, dying and desperate Americans as both Trump and the GOP's failed response to the pandemic has killed more than 316,000 Americans and may finally be catching up to them politically.

There was reportedly shouting and chaos --- even more than usual --- at the White House over the weekend, as Trump and his clown car friends and attorneys met to propose last gasp efforts to somehow steal and/or undermine the 2020 election. Trump's disgraced former National Security Advisor Michael Flynn --- recently pardoned by Trump for lying to the FBI --- is said to have called on the President to declare martial law to allow the military to re-run the Presidential election in swing-states that Trump lost; Team Trump attorney and professional conspiracy theorist Sidney Powell sought to be appointed as a Special Counsel to investigate 2020 "fraud"; and Team Trump's other corrupt, nut-ball attorney, Rudy Giuliani, reportedly wanted DHS to impound voting machines from battleground states for some reason. Trump's very Trumpy White House staff reportedly pushed back on all of those ideas, incredibly enough, and his outgoing Attorney General, Bill Barr, whose last day at DoJ is Wednesday, said in his final presser as AG on Monday that he saw no reason to appoint a special counsel and no legal grounds for the federal government to seize voting machines.

As that played out, over in the Senate, Mitch McConnell, who had refused to even negotiate with Democrats on a new COVID relief bill for the past nine months following the passage of the initial $2.2 trillion CARES Act in March, finally relented to allow another round of relief --- albeit much smaller --- to be adopted by Congress. That, following more than 16 million infections, hundreds of thousands of deaths and an economy in tatters. The $900 billion package he finally agreed to includes one time $600 payments for many Americans and extends unemployment insurance which runs out entirely by the end of the year, as tens of millions of Americans are now out of work due to the Administration's wildly mishandled pandemic. The package also includes nutrition assistance for the hungry, another round of the Paycheck Protection Program (PPP) for small businesses, money for hospitals and vaccine distribution, and even rent assistance, for the first time, among other things.

It's not nearly enough, says our guest today. But it's something, and it includes "nothing objectionable," at least for the most part. We're joined today by The American Prospect's Executive Editor, investigative financial journalist and author DAVID DAYEN, for details on the measure which he has been covering in-depth for months in his daily, indispensable "UNSANITIZED" report. Dayen explains what's in the bill and what is not, and why that is, along with why it is that McConnell even allowed the measure to come up for a vote at all after months of refusing to do so.

He argues that It's all about the January 5th U.S. Senate runoffs in Georgia, which will determine control of Congress' upper chamber for the next two years. "Mitch McConnell's Senate majority was on the line if he didn't get something done," says Dayen. "If McConnell manages to win at least one of those races in Georgia, he's going to be in control again. Joe Biden will be President, and every dollar that Mitch McConnell agrees to put into the economy is a dollar that helps Joe Biden."

"The question of how 'Not Enough' this bill is entirely is predicated on how fast we can vaccinate people," Dayen explains. "If we can vaccinate everyone by April, then we're probably going to get a rickety but sufficient bridge." But, he adds, if Biden's incoming Surgeon General is right when he noted over the weekend that "we won't get widespread availability of the vaccine until early Fall, then we're in big, big trouble. Because there's no more must-pass bills. The government is now funded through September of next year." That, Dayen notes, means that there is little if any leverage for Democrats to force Republicans to act on behalf of the American people.

"Democrats had to take out grants for state and local government relief," to get this bill passed, he tells me. "So when we get into next year, cities and states that have had these tremendous budget shortfalls, they are the ones who have to figure out how to fill that shortfall when they have no help from the federal government coming. It's likely going to result in cuts to public safety, teachers, firefighters, and public employees and not filling your potholes --- all sort of things at the local level that are going to have to be foregone because there is no money available. Mitch McConnell knows this, [and] that it could have the effect of offsetting any kind of recovery efforts at the federal level. We saw that in 2009. That stunted the overall recovery of the economy, and we're walking into it again." And with McConnell's eyes on 2022, he's likely just fine with that.

All of this underscores the importance of those two U.S. Senate runoffs in Georgia in January, and that Democrats Raphael Warnock and Jon Ossoff ought to be reminding voters every day that if they want any real relief from the federal government for the economic disasters that are almost certain to worsen due to all of this, they must elect both of them to give Senate control to the Democrats under a Biden Administration.

Finally, we've been reporting over the past week on two voting machines companies who have been threatening defamation lawsuits against Rightwing media outlets and the Team Trump attorneys who have been offering false claims that the companies were somehow involved in stealing the election for Joe Biden by flipping votes cast for Donald Trump. Last week, Smartmatic, which has no voting systems in any of the swing-states where Trump is trying to reverse his losses to Biden, threatened rightwing propaganda channels Fox "News", Newsmax and One American News Network (OANN) with defamation suits. They were sent a letter to instruct them that they would be sued if they did not retract false claims about the company, including allegations (apparently bastardized from our original, accurate investigative reporting from 10 years ago) that Smartmatic was somehow working with Venezuela's dead President Hugo Chavez and George Soros, along with the company's competitor Dominion Voting Systems in an international conspiracy to steal the election for Biden.

A day or two after Smartmatic's letter, Dominion sent a similar defamation threat letter to Team Trump attorney Powell seeking a retraction for her outlandish, evidence-free claims about the company.

On Friday then, in a bizarre segment on Fox' Lou Dobbs Tonight' --- which looked and sounded a lot like a deposition led by a disembodied off-camera voice --- Eddie Perez of the Open Source Election Technology (OSET) institute (he most recently appeared on The BradCast just a few weeks ago) answered a whole bunch of questions basically disabusing the evidence-free claims about Smartmatic that have been forwarded for weeks on Dobbs' show and many others. Reportedly Jeanine Pirro's and Maria Bartiromo's Fox shows ran the exact same segment with Perez, using almost identical introductions. The segments then led straight to commercial without comment from the hosts.

Fox is clearly terrified, and should be. As the New York Times' Ben Smith reported over the weekend, Smartmatic has retained attorney "J. Erik Connolly, who not coincidentally won the largest settlement in the history of American media defamation in 2017, for at least $177 million."

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Guest: Slate legal reporter Mark Joseph Stern on recent cases, Bill Barr, Kris Kobach and accountability for TX' attempt to overturn the election; Also: GOP now eating its own with GA's U.S. Senate runoffs underway...
By Brad Friedman on 12/15/2020 7:54pm PT  

On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

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Also: BARR OUT AT DOJ; Trump legal fights mopped up, rejected in WI; MAGA Mob sparks weekend violence in D.C., shuts down MI capitol...
By Brad Friedman on 12/14/2020 7:50pm PT  

On today's BradCast, we won't be broken, even by more breaking news than we might have guessed. [Audio link to complete show is posted below.]

We knew we were starting with late breaking news today as California gave President-elect Joe Biden the requisite votes (270) needed to win the Electoral College just minutes before air time. But, because this is the Trump Era, that was quickly superseded by the breaking news just seconds before air time that Donald Trump's corrupt fixer and Attorney General Bill Barr is now out at the Dept. of Justice after recently conceding there was no massive fraud in the 2020 election that Trump decisively lost.

In other news covered on today's program on what developed into a surprisingly good news day by and large (at least by 2020 standards)...

  • We begin with a fireside story for your holidays called "The President's New Suit". Spoiler alert: only his closest courtiers and sycophants (126 House members and, even more shamefully, 19 wingnut state Attorneys General) can see it. Even his stolen and packed U.S. Supreme Court saw nothing there on Friday and dismissed the last-ditch effort to disenfranchise millions of American voters in four swing-states that voted for Biden, as filed last week by the indicted Republican Texas Attorney General and Presidential Pardon Hustler Ken Paxton.
  • As the nation crosses its latest undescribably grim milestone today of more than 300,000 deaths from COVID-19, Trump continued to spend his time over the weekend lying about about "fraud" in the election that he lost, rather than the lives needlessly lost under his failed pandemic management as the surging crisis continues to smash new records each day. But, on Monday, the first doses of the first approved vaccine for the disease began to be distributed and administered to health workers and elderly Americans in assisted living facilities. It will likely be Spring before much of the general public will have access.
  • No matter his lies and failures, Team Trump's onerous attempts to disenfranchise hundreds of thousands of voters in Wisconsin --- but only in its two most diverse, most Dem-leaning, most African-American counties --- continued over the weekend. Two different legal efforts in the Badger State, one in federal court and one in state court, fared no better than his 60 or so previous attempts to steal the election from Biden. Of the two latest cases, the last ones that we know of in WI, neither of which included evidence of fraud, one was dismissed by a Trump-appointed judge in federal court on Saturday, and the other was tossed by a 4 to 3 vote of the rightwing Wisconsin state Supreme Court on Monday. A conservative Justice, once again, voted with the court's three liberals, and excoriated the Campaign's attempt to toss more than 200,000 lawfully cast votes in a strategy that one Justice said "smacks of racism". The ruling came just moments before Wisconsin cast its 10 Electoral College votes for Biden.
  • Down in Georgia, where 16 Electoral College votes were cast for Biden today --- eventually giving him 306 votes, versus the 304 votes Trump ultimately received in 2016, when he called his victory over Hillary Clinton a "landslide" --- former Gubernatorial candidate Stacey Abrams cast her vote as a Democratic Elector and offered some comments on bringing the nation together under the new Democratic President-elect, which we share on today's show.
  • And though we ran out of time for details, here's the story of the Michigan state capitol which had to be shut down today for security reasons during the casting of that state's 16 Electoral College votes for Biden, as a state GOP lawmaker appeared to threaten violence in Lansing this morning.
  • Finally, in our remaining few minutes, we open up the phone lines to listeners, one of whom sees the continuing and futile Team Trump lawsuits as "treason", another who questions the safety of the COVID vaccine, and another who ends today's show with a rather appropriate song...

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Another weekend of sore-loserism, lost court battles, phony fraud claims, unlawful election interference by the President of the United States; Also: Trump Admin ignores own EPA scientists to assure more U.S. deaths...
By Brad Friedman on 12/7/2020 7:37pm PT  

If you think the monster is actually, truly dead now, it's only because you still need to watch more horror movies. You'll have to listen to today's show for most of the juiciest details, but among the stories covered today on today's very busy BradCast [Audio link to show is posted below summary.]

  • Not satisfied with helping to assure the deaths of nearly 300,000 Americans during the COVID crisis so far, the swamp-filled Trump Administration ignores their own EPA scientists to join the polluters of the fossil fuel and chemical industries to block a rule that would require a slight decrease in particulate soot that would save more than 10,000 American lives a year. Because of course they do;
  • Loyal Trump henchman and Attorney General Bill Barr reportedly considering quitting before he's fired by Trump for having the temerity to admit there is no known evidence that would turn the loser Trump into a winner in the 2020 election;
  • More than 1,500 lawyers --- some of them former former federal judges, prosecutors and law professors --- call for bar associations to investigate the "historic abuse of the legal system" by Team Trump attorneys, like the COVID-stricken Rudy Giuliani and the execrable Joe diGenova (who called for a former federal official to be "shot" because he believed the 2020 election was secure) to be held accountability for their behavior. The letter cites false claims of "massive fraud" by Trump's attorneys, even as those same attorneys concede in court case after court case --- they and their allies have lost about 50 cases at this point --- that they have no actual evidence of fraud;
  • After losing at least five different cases in five different swing-states on Friday alone, Trump continues his record as a loser on Monday, with an Obama-appointed federal judge in Michigan tossing one case, and a George W. Bush appointed-judge in Georgia tossing the other. Both rulings were brutal dismissals;
  • The President's false claims of a stolen election continue to have very serious consequences, as an armed MAGA Mob on Saturday night descended on the personal home of Michigan's Secretary of State to terrorize her and her children as they were preparing for Christmas;
  • Also down in Georgia today, the state's Trump-supporting Secretary of State Brad Raffensperger --- who, along with the state's Trump-supporting Gov. Brian Kemp, has been mercilessly attacked by Trump --- re-certified the state's Presidential election finding Biden won it by about 12,000 votes. The new certification comes after the election night machine count, a statewide hand count, and a third statewide count by machines as requested by the Trump Campaign. He lost every single time by about the same numbers in all three tallies;
  • On Saturday morning, the President of the United States violated the law in a call to the Republican Governor of Georgia to try and convince him to take action to toss out the election results and direct the state legislature to declare the loser Trump to be the winner. To Kemp's credit (a phrase I thought I'd never type), he refused to do what Trump demanded. To Trump's wrap-sheet, he has added yet another violation of law in trying to interference with an election. 45 days until legal accountability for Trump's many crimes should begin;
  • On Saturday night, Trump went down to Georgia --- where he's in a bind, cause he's way behind --- to hold a rally for the two incumbent Republican Senators facing a tough challenge in their U.S. Senate runoffs on January 5th, where controls of the U.S. Senate is at stake. Trump spent most of the nearly two-hour long rally whining about losing the election as he repeated phony, long-ago debunked claims to continue hoaxing the MAGA Mob into believing it was stolen from him and that they are all "victims". The two U.S. Senators spoke for about 30 seconds each;
  • Finally, despite Trump's unsullied record of embarrassingly losing case after case, trying to overturn the will of the voters in both state and federal courts around the country --- in cases overseen by Republican and Democratic judges alike, including several that he himself appointed --- U.S. Supreme Court Justice Samuel Alito took an action over the weekend that has a few Court watchers justifiably unsettled. As we reported on last Friday's BradCast, Alito agreed to consider an appeal to a case filed by U.S. Rep. Mike Kelly (R-PA), seeking to toss out Pennsylvania's results and award the state's electors to Trump. The matter was correctly dismissed by lower courts, but Alito has agreed to consider it and, late last week, scheduled this Wednesday, Dec. 9, as the deadline for defendants to file their rebuttal. That was key, because Wednesday is the day after the so-called "Safe Harbor" date under federal law, when all state Electoral College contests are supposed to be settled, at least at the state level, on Tuesday, Dec. 8. Last week, election law experts saw Alito's late date for defendants to reply as a message that he would not be taking any actions that might change the electoral count. But on Sunday morning, Alito changed that deadline to the morning of Tuesday, "Safe Harbor" day. What does that mean? And should we be worried that the monster isn't really, truly dead just yet? We discuss...

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Also: U.S. COVID infection, hospitalization, death numbers surge to heartbreaking records, wasn't a 'hoax' after all...
By Brad Friedman on 12/3/2020 7:49pm PT  

On today's BradCast: The Donald Trump Crazy Train keeps chugging along. And its getting crazier, and seemingly farther off the tracks with each passing hour as the outgoing President's days in the White House continue to diminish and his likelihood of facing criminal accountability grows nearer and nearer. One of the biggest remaining questions is how many of his supporters are still to get run over by that train.

Among the many stories we cover today...

  • Before we dive deep into The Crazy, some very grim milestones in the COVID crisis which, turns out, wasn't a hoax at all, as both Donald Trump and Senator Ted Cruz "guaranteed" us before the election. On Wednesday, there were more than 200,000 new cases, more than 100,000 hospitalizations and more than 2,777 deaths confirmed from COVID. All of them single day records, as the pandemic will continue to get far worse in coming months before it begins to get better. All thanks, in no small part, to idiots like Trump, Cruz and whole bunch of other Republicans who sadistically sacrificed their constituents' lives in dashed hopes of seeing Trump re-elected;
  • Following Attorney General Bill Barr's comments to AP earlier this week that, "to date," the Dept. of Justice has "not seen fraud on a scale that could have affected a different outcome in the election," Trump, as expected, reportedly blew a gasket. It resulted in a two and half hour meeting for Barr at the White House and Trump said to be considering whether he will now fire his second AG, despite his years of covering up and lying for the President and his unprecedented directive to dozens of Asst. U.S. Attorneys to investigate bogus claims of "massive fraud" before and after the election;
  • On Thursday, the rightwing Wisconsin Supreme Court rejected the Trump Campaign's latest attempt to toss out hundreds of thousands of votes in a state that Trump lost. Of note, as has been the case in every suit they've filed (by way of contrast to what they say publicly to the chumps and suckers who believe in them), Team Trump offered zero evidence of fraud in their complaint. Rather, they complained about absentee ballot procedures that have been in place since before the 2016 election, when Trump is said to have won the state, as well as during this year's primaries. Apparently they forgot to claim that WI's absentee voting laws were illegal in those past elections. The suit was rejected today, however, because the court ruled it needs to be filed in a lower state court first before it can be heard by the state Supremes. The Campaign also filed another federal case in the state on Wednesday. It does not argue their was fraud in this year's election either;
  • It's become so embarrassing that even top Trump sycophant Sen. Lindsey Graham is taking to Fox "News" to tell the Trump legal team that they need to provide proof of their fraud claims in court. "Doing a video is not proof," he said, shortly after Trump released a 46-minute video on Wednesday, falsely claiming (without evidence, naturally) that he actually won virtually every state in the union this year;
  • Lack of evidence of fraud, however, has not stopped the Rudy Giuliani Traveling Dog 'n' Pony Show. After making presentations to GOP state legislators in "hearings" held in rented hotel banquet rooms in Pennsylvania and Arizona this week, the Republicans of the gerrymandered Michigan state legislature opened an actual hearing room in the state capital to the Rudy Show. It did not go well. We share the testimony from Melissa Carone, of one of the "witnesses" that Rudy hauled up to the stand. It's something to behold;
  • Meanwhile, down in Georgia on Wednesday, a huge "Stop the Steal" rally at the Peach State capital, headed up by self-disgracing attorneys and Trump Crazy Train Conductors Sidney Powell and Lin Wood (who may actually be mentally ill), likely drove the what's left of the actual GOP crazy. Wood attacked the very Trumpy Republican Governor Brian Kemp, resulting in "Lock him up!" chants from the QAnon brain-poisoned crowd, before instructing the misinformed throngs that they should absolutely not vote for incumbent Republican Sens. Kelly Loeffler or David Perdue in the upcoming January 5th runoff elections that will determine partisan control of the U.S. Senate;
  • Finally, we close with some helpful words, believe it or not, from far-right, not insane Trump supporter Erick Erickson. In a Twitter thread this week, the former Editor-in-Chief of the rightwing RedState blog, finally seems to have had enough of the madness of GOP conspiracy theorists who now believe that Trump's own DOJ, FBI, CIA, Attorney General, and the Republican Governors of states like Georgia and Arizona, not to mention others, have all teamed up to steal the election for Joe Biden. "Maybe…and I know this might just blow your mind…but maybe what if you've been lied to the whole time. There is no conspiracy. There is no theft of the election," Erickson unloads, suggesting that "maybe, just maybe" the problem is Trump and supporters who can't understand that "ultimately it is really you who are the problem because you so willingly got played and even now want to be played because now you're emotionally invested in a cause and a candidate and to admit you were played and he lost and there was no deep state conspiracy or theft of the election would actually make you look bad. So it's better to double down on the lies and bullshit and blame everyone else."

Sounds about right. Thanks, Erick. You can stop blocking me on Twitter now.

Buckle up and/or pop a bucket of popcorn or two for today's BradCast...

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Guest: Redistricting expert Dan Vicuña; Also: Why Krebs is almost right, but wrong, as Trump attorney says former CISA chief should be 'shot'...
By Brad Friedman on 12/1/2020 8:05pm PT  

Attorney General Bill Barr may now be in big trouble with Donald Trump at the DoJ. One of Trump's personal attorneys may be in big trouble with the D.C. Bar. And Trump's attempt to game the Census and Apportionment of Congressional seats for the next 10 years may be in big trouble at his stolen and packed U.S. Supreme Court. All of that big trouble and more on today's BradCast! [Audio link to show is posted below summary.]

First up, Attorney General Barr has undoubtedly infuriated his boss today by admitting to The Associated Press that "to date," the Justice Dept. has "not seen fraud on a scale that could have affected a different outcome in the election."

Uh, oh. The last senior Administration official who said something similar --- Chris Krebs, Trump's Director of the Cybersecurity and Infrastructure Security Agency (CISA), the new DHS agency that oversees elections infrastructure --- was fired just days later after his federal agency and others (along with several voting machine vendors, so take it with a grain of salt) announced that the 2020 election was "the most secure in American history."

Speaking of Krebs, he was interviewed by CBS' 60 Minutes on Sunday, where he stood by that assessment and chalked the success of the 2020 election up to "paper ballots."

"Paper ballots give you the ability to audit," he told CBS' Scott Pelley, "to go back and check the tape and make sure you got the count right. That's really one of the keys to success for a secure 2020 election. That gives you the ability to prove that there was no malicious algorithm or hacked software that adjusted the tally of the vote."

Well, he was so close. "Paper ballots" don't protect elections, HAND-MARKED paper ballots protect elections. And there is a big difference. Krebs goes on to cite, for example, Georgia's terrible new Dominion Voting Systems touchscreen computers that voters are forced to vote on at the polls, and the subsequent statewide hand-count of ballots to make his case. But Georgia's systems, as we've long reported in great detail, print out computer-marked paper ballot summaries which can never be known after an election to reflect the intent of any voter. As we explain yet again today, studies show that the vast majority of voters do not check their computer-printed summary, and that 93%(!) of them do not notice if the computer has changed one of their votes. We offer much more detail --- yet again --- on today's show.

But Krebs, a lifelong Republican who has been bravely outspoken in attempting to debunk false claims about fraud both before and after the election, is certainly a hero for his efforts. The fact that Joe diGenova, one of Donald Trump's personal lawyers, took to the air on Monday to call for Krebs to be murdered --- literally --- is a chilling sign of our times and should result in disbarment for Trump's latest Fox "News" TV attorney for hire. "Anybody who thinks this election went well like that idiot Krebs," diGenova said on a wingnut radio program yesterday, "that guy is a class A moron. He should be drawn and quartered, taken out at dawn and shot."

Krebs suggested to NBC News today that he is likely to take legal action. But you know who else "thinks this election went well," apparently? Bill Barr! We'll see if diGenova calls for him to be executed now as well, or which of the two Trump lackeys will be fired by Trump first.

Next up, we're joined by DAN VICUÑA, National Redistricting Manager at Common Cause, one of the good-government immigration advocacy groups that sued the Trump Administration after a Presidential Memorandum from Trump last year directed U.S. Census apportionment data to leave out "illegal aliens" despite the Constitution's mandate to include the "whole number of persons in each State" for purposes of determining how many U.S. Congressmembers each state shall have for ten years following each decennial Census.

Four different lower courts largely agreed with the plaintiffs challenging Trump's decree --- which would increase political power for rural, white, Republican-leaning districts and take it away from more urban, Democratic-leaning, minority heavy jurisdictions --- finding it to be illegal and/or unconstitutional. On Monday, Trump's stolen and packed U.S. Supreme Court heard oral argument in the matter, and Vicuña reports today on how things went. In short, it appears to have not gone well for the Administration, even with three Trump-appointed Justices now packed onto the bench.

Vicuña, notes that "citizenship status has never been used as a determining factor in whether a person will be counted." He also explains the dangers of Trump's unprecedented decree and how his attempt to bastardize the "plain language" of the U.S. Constitution and "two centuries of precedent" to instead use only "voter-eligible" citizens in counts to determine apportionment in the U.S. House, endangers not only the immigrant population, but everyone else in America, even in so-called "red" states.

"The Administration's lawyers are dancing a strange dance," he tells me while describing Monday's hearing. "The President's memo very clearly states what the President wants, which is to exclude every undocumented person living in the United States --- undocumented people who contribute billions to the economy, who pay taxes on things that they may never see [like] Social Security. The President's attorneys are going into court and saying, 'Well, we're only going to do this within the strictures of what's allowable by law, so for that reason, you shouldn't even rule on this case now. There's no need to address the plaintiffs' challenge, because we don't exactly know how we're going to implement the President's goals' --- even though the President states them clearly --- 'so you should punt.'"

Whether the Court will go along with the Administration on this, and how the incoming Biden Administration may make all of this moot anyway, is all discussed on today's program.

Finally, we're joined by Desi Doyen with our latest Green News Report, in which the Trump Administration actually does something that is not only NOT horrible, but very very good for folks in Alaska who have been challenging the creation of the controversial Pebble Mine for more than a decade. Other than that, however, the final days of Trump's environmental smash and grab continue apace...

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