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Latest Featured Reports | Wednesday, December 11, 2019
USMCA, UK Elections, Much More: 'BradCast' 12/11/19
Guest host Nicole Sandler with Global Trade Watch's Lori Wallach and American ex-pat Denis Campbell...
IMPEACHMENT ARTICLES FOR DONALD J. TRUMP:
'BradCast' 12/10/19
Guest Hosted by Nicole Sandler with a day of Dem whiplash on impeachment and a new trade deal; Also author Ramesh Srinivasan...
'Green News Report' 12/10/19
  w/ Brad & Desi
Heat wave for Aussie bushfires; Oceans losing oxygen; Bankrupt PG&E reaches $13.5 billion settlement; PLUS: Thousands of young activists pressure U.N. climate summit to get moving...
Previous GNRs: 12/5/19 - 12/3/19 - Archives...
'Trump a Clear and Present Danger to Elections, Nat'l Security': 'BradCast' 12/9/19
Guest Hosted by Nicole Sandler with the DOJ's IG report on the Russia probe and the latest Judiciary Comm. impeachment hearing...
Sunday 'Low Flow' Toons
When he goes low, the cartoonists in PDiddie's latest collection of the week's best political toons go lower...
U.S. Economy 'Whistling Past a Climate Graveyard':
'BradCast' 12/6/19
Guest: The Prospect's David Dayen on mag's landmark Green New Deal edition; Also: House GOPers jumping ship (several heading to jail)...
'Green News Report' 12/5/19
  w/ Brad & Desi
The hottest ten years on record; GOP Senate confirms lobbyist as Energy Sec; CA bans all new fracking, for now; PLUS: Greta Thunberg is back in Europe, with a warning for politicians...
Previous GNRs: 12/3/19 - 11/26/19 - Archives...
'A President Should Resist Foreign Interference in Our Elections, Not Demand It': 'BradCast' 12/4/19
First House Judiciary hearing on Trump's impeachable crimes w/ Heather Digby Parton...
'Abuse of Office, Abuse of Power, Abuse of the Public Trust': 'BradCast' 12/3/19
Guest: Const'l law, impeachment expert John Bonifaz; Also: Kamala out; Another bad court day for Team Trump...
'Green News Report' 12/3/19
U.N. climate summit kicks off with 'catastrophic' news in Madrid; PLUS: Residents back home after yet another petrochemical explosion in TX ruins Thanksgiving...
2019 Foreshadows 2020 Vote System Catastrophes: 'BradCast' 12/2/19
Also: Bullock out; Hunter 'guilty'; Impeachment to run right up until 2020 voting begins; L.A. County Clerk still refuses to answer Qs about his new unverifiable vote systems...
Sunday 'It's Just a Cyst' Toons
As usual, as PDiddie proves once again, there is nothing at all to worry about in his latest Sunday collection of political toons...
Don't Just Debunk the Ukraine DNC Hack Conspiracy Theory. Expose Its Absurdity.
Why the evidence-free Trump/GOP claims about Ukraine and the 2016 election make no sense whatsoever...
Turkey Day Toons!
PDiddie doesn't even take Sundays off! Did you think he would stand down for Thanksgiving?! Gobble gobble!...
Trump Is Up Schiff's Creek Without an Alibi:
'BradCast' 11/27/19
Debunking the 'impeachment is a disaster for Democrats!' lie with actual, independently verifiable facts...
'Green News Report' 11/26/19
Climate change finds way into latest Dem debate; Greenhouse gas at record highs; 2019 wettest year on record; PLUS: Oxford Dictionary's 'Word of the Year' is...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Migration Policy Institute's Sarah Pierce; Also: Barr's power grabs continue elsewhere; Hurricane Barry takes aim at already flooded NOLA...
By Brad Friedman on 7/10/2019 6:46pm PT  

On today's BradCast, Donald Trump's Attorney General continues to make extraordinary, unprecedented moves at the Dept. of Justice as he takes power for himself on all manner of things. And only some of those moves are receiving the attention they deserve. [Audio link to show follows below.]

But first up today, just two days after nearly 4 inches of record rainfall in one hour resulted in flash flooding and a number of high-water rescues in the nation's capital --- on the very same day Trump was delivering a ridiculous, rambling speech on his (horrific) environmental record --- an even worse downfall slammed New Orleans on Wednesday. What lies ahead this week for NOLA, however, may be far worse. A tropical storm spun up quickly off the Gulf Coast following the downpour, and now threatens to become a hurricane that could, as soon as this weekend, over-top levees that protect the city. The Mississippi River at New Orleans is already at 16 feet, just below flood stage, thanks to historic spring flooding in the central U.S. But Hurricane Barry could bring a storm surge of several feet of ocean water and as much as 18 inches of rain that could test the city's 20-foot high levees. The National Weather Service is now projecting the river could crest at that same height by Saturday, depending on which way the winds blow. That may happen despite the failure of science denier and corrupt fossil fuel swamp-dweller Trump to utter the words "climate change" during his environmental speech earlier this week.

Meanwhile, back in D.C., Trump's Attorney General and personal fixer William Barr continues to exercise extraordinary, unprecedented powers in his role as the nation's chief law enforcement official. So far, the federal courts have held off a fair amount of his attempted power grabs, including a federal court in New York which has, for the moment, blocked his latest move to replace all of the Dept. of Justice attorneys previously assigned to defend legal challenges to the Administration's effort to add a question on citizenship to the 2020 Census. Another federal judge in another legal challenge on the same matter in Maryland is now considering whether to block those replacements as well.

At the same time, however, Barr is also reportedly instructing former members of Special Counsel Robert Mueller's team to not appear before Congress to give testimony next week on the same day Mueller is currently scheduled to do so.

But a recent, little noticed move over the 4th of July holiday week to grant himself the power to establish precedent on immigration laws, overriding decisions by immigration judges, needs much more attention. Last week, a federal court blocked Barr's decree to disallow bond hearings for asylum-seekers who successfully demonstrate a "credible fear" of return to their home countries. But for a ruling by the federal court in Washington state last week, Barr's decree would have resulted in immigrant asylum-seekers being held for months or even years in already horrific, overcrowded detention facilities as they await their official hearings in immigration court. U.S. District Judge Marsha Pechman ruled that detaining asylum-seekers indefinitely is "unconstitutional".

The day before her ruling, however, Barr quietly signed yet another new regulation --- without the traditional public comment period --- that restructures the way immigration courts have handled appeals for years. Previously, while tens of thousands of decisions are made on cases by the Board of Immigration Appeals each year, only a small number of them, about 30 per year, are published in order to establish them as precedent. Under current law, unpublished decisions are not binding on the entire system and are only published if a majority of the 21 member Board votes to do so. But last week, relying on a public comment period from about 15 years ago concerning a regulation proposed (but rejected) by the George W. Bush Administration, Barr granted himself unilateral power to selectively publish any such decisions that he likes. The move, in effect, will allow him the authority as Attorney General to set immigration law precedent that must be followed during this Administration as well as future ones, at his own whim.

We're joined today by SARAH PIERCE, immigration attorney and Policy Analyst for the non-partisan Migration Policy Institute to explain both the encouraging news on Barr's temporarily blocked bond hearing rule, first decreed back in April, as well as his move last week to reign as king over U.S. immigration policy by using the abandoned "zombie regulation", as Pierce describes it, on appeals court precedents first proposed by the Bush Administration. She describes the latter as "alarming", noting that "under this new regulation, the Attorney General will have his pick of whatever issue he wants, and really, whatever plans on the issue he wants, when deciding whether or not to make some of these decisions precedent." Pierce warns that these could be "decisions on what kinds of crimes makes someone deportable from the United States," for example, adding that "the possibilities are really endless when he has so many decisions before him to choose from."

She argues that the way immigration courts are currently structured, under the control of the DoJ, not the Judicial Branch, results in unconfirmed and even unqualified people being appointed as immigration judges without Congressional confirmation or oversight. They all serve at the pleasure and whims of the Attorney General. "This is a huge problem with our immigration court that we have this political appointee who is in charge of effectively the legal well-being of our immigration system. That's a huge problem and a huge conflict of interest," she tells me.

We also discuss the mountain of recent reports of overcrowded, unsafe and unsanitary conditions at detention centers on the border; why we are seeing this influx of families seeking asylum in the U.S.; why this Administration is handling it all so poorly, despite the number of immigrants and asylum seekers being far larger during previous administrations; and how the system itself needs to be reformed, with immigration courts placed under an independent body.

Finally today, with all of the coverage in the media and focus by Democrats on the 2020 Presidential race, the need to win back a majority in the U.S. Senate no matter who wins the White House has taken a back seat, unfortunately. But Democratic Senate Leader Chuck Schumer was able to claim at least one recruiting victory this week, with Marine combat aviator Amy McGrath, who narrowly lost a U.S. House race last November in Kentucky, declared her intention of taking on Republican Majority Leader and democracy villain Mitch McConnell during his reelection bid in the Bluegrass State next year. We share McGrath's announcement video and ponder why the hell more big name Democrats --- including many who have chosen to run for the Presidential nomination instead --- aren't stepping up to the equally-as-important task of winning back the U.S. Senate for their party in 2020...

Download MP3 or listen to complete show online below...

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Guest: Former Dep. Asst. AG Lisa Graves; Also: Acting SecDef withdraws nomination; S. America power grid collapse did not prevent voting; Swing district Rep. Porter calls for impeachment proceedings...
By Brad Friedman on 6/18/2019 6:24pm PT  

I've had a lot of legal questions swirling through my head in recent weeks as Trump and his minions have expanded their attempts at blocking all Congressional investigations of his many crimes. On today's BradCast, despite the unprecedented and ever-changing nature of what Trump is attempting, I get a bit of clarity from a guest with a long background in legal, legislative and executive matters regarding all three branches of the federal government. [Audio link to show follows below.]

First up, however, some quick news of the day. Donald Trump's Acting Sec. of Defense Patrick Shanahan, a former Boeing executive, has withdrawn his formal nomination after reported difficulties obtaining a standard FBI background clearance due to a history of domestic violence with his former wife. Former Raytheon lobbyist and Trump's Sec. of the Army Mark Esper has been tapped, for now, as the new Acting SecDef.

The widespread --- and still-unexplained --- failure of the electrical grid in Argentina, Uruguay and Paraguay over the weekend that affected tens of millions in South America, did not, at least, prevent gubernatorial elections from continuing on Sunday in Argentina, where they wisely use HAND-MARKED paper ballots. The election was uninterrupted despite the outage, as voting was able to continue as usual, even if voters needed to rely on mobile phone flashlights in order to see their ballots while filling them out by hand. That, by way of contrast with the utter havoc and chaos that would result from a similar outage or cyber-attack on the U.S. power grid during an election next year, with dozens of states relying on computer voting systems and electronic poll books, including a number of jurisdictions such as Los Angeles County (the nation's largest), which are set to move from hand-marked paper ballots to 100% unverifiable touch-screen voting systems in advance of the 2020 Presidential primary elections. What could possibly go wrong?

Freshman Democratic U.S. House Rep. Katie Porter announced on Monday night that, after weeks of careful consideration, she has decided to call for an official impeachment inquiry of Donald Trump. Her announcement is significant in that Porter narrowly won election last year in Republican-leaning Orange County, California, defeating her incumbent GOP opponent by just over three points. With more than 65 Democratic members in the House (and one Republican) now calling for impeachment proceedings, Porter is one of only two Democrats from closely divided swing districts where GOP incumbents were ousted last November to call publicly for beginning the Constitutional process of impeachment of our criminal President.

At the same time, the Trump Administration has spent months following the release of the damning, redacted Special Counsel's report from Robert Mueller [PDF], exercising all manner of legal schemes and Presidential tricks to try and obstruct the Congressional investigation of the many criminal obstruction offenses by Trump detailed in Mueller's report. The Administration, with the aid of his new Attorney General and fixer William Barr, has invoked so-called Executive Privilege over the entire report (even the already released material) in an attempt to prevent the unredacted report and its underlying evidence from being disclosed to Congress and the American public. They've also used Executive Privilege to try and block lawful Congressional subpoenas of current and former White House officials, many of whom cooperated as witnesses with the Mueller probe, in hopes of preventing them from testifying in the House or turning over subpoenaed documents. Barr's DoJ has gone so far this week as to offer a legal claim that the IRS need not turn over Trump's tax returns to the House Ways and Means Committee in defiance of a decades-old statute requiring the IRS to do so. Trump's private attorneys have attempted to block Congressional subpoenas for the President's financial documents at his accounting firm Mazars and at Deutsche Bank, and, during a recent interview with ABC News, Trump said his own FBI Director was "wrong" for insisting that candidates contact the FBI if they are approached by foreign nationals with opposition research on their political opponents.

Those, of course, are just some of the ways that Trump continues to obstruct justice and defy the rule of law. But what are the chances that he will ultimately succeed in his attempts to obstruct Congress? We're joined today by LISA GRAVES, who has worked as a senior advisor in all three branches of the federal Government, to help us better understand some of the key elements of Trump's crimes and his attempts to invoke measures to block accountability for them.

Graves, the co-founder of the non-profit Documented, formerly served as Deputy Asst. Attorney General at the Dept. of Justice, General Counsel in the US Senate, and former Deputy Chief for the US Court system. On today's program, she explains the seriousness of obstruction crimes; how "Executive Privilege" has been invoked by Presidents (successfully or otherwise) in the past, and what the privilege really is and isn't (hint: it's not actually a statutorily or Constitutionally defined thing); whether it's actually possible or justifiable to prevent the disclosure of Trump's tax returns under the DoJ's new pretext; and whether she believes Trump should be impeached.

On criminal obstruction, says Graves: "The fact is that obstruction is a very serious crime. I suppose that if they really wanted to know how serious obstruction is, they could call Nixon back from the grave to ask him how serious this is."

On Barr's collusion with Trump: "It's truly a shame, quite frankly, that under the broken Senate led by Mitch McConnell, that Barr was confirmed to this role that he was most undeserving to hold. And that he now holds basically as a lapdog to this President, willing to his bidding, and to really subvert the true mission of this Justice Department."

On Trump's broad attempted use of Executive Privilege: "The idea that any President could somehow assert privilege over revealing evidence of his own potential obstruction of justice, the crime of obstruction, is simply astounding...There's simply no way that any reasonable interpretation of whatever that privilege might or might not be, would allow a President to hide from Congress --- which expressly has powers under our Constitution to impeach a President and to try a President --- to hide evidence from that Congress that has those express powers to hold a President accountable."

But, on that last point, she offers some "hesitation" thanks to "this Supreme Court which has been stacked by McConnell and the dark money which backs him." I'm also happy to hear her correctly note that "this court is not truly conservative, they are radically reactionary."

Graves also responds to my question about the recent statement from the chair of Federal Elections Commission, Ellen Weintraub, issued in response to Trump's assertion that he needn't contact the FBI if approached by a foreign national with dirt on a political opponent. Weintraub's statement clarified that "It is illegal for any person to solicit, accept, or receive anything of value from a foreign national in connection with a US election." But, isn't that precisely what the Hillary Clinton Campaign (and a Republican primary campaign before it) did during the 2016 election by soliciting oppo-research on Donald Trump from former British spy Christopher Steele? I discuss that and much more with Graves today.

Finally, Desi Doyen joins us for the latest Green News Report, with more details on Sunday's South American power grid failure, news of a reported U.S. cyber-offensive against the Russian power grid, bad climate change-related news for the Gulf of Mexico's "dead zone", and some very good news from outgoing conservative British Prime Minister Theresa May who is vowing to commit the UK to the world's most aggressive targets to combat our climate crisis by eliminating greenhouse gas emissions while boosting the nation's economy at the very same time...

Download MP3 or listen to complete show online below...

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Bizarre day in the Conway household; Remarkable GOP excuses for ignoring Mueller; MI drops Flint water crisis indictments; Plus: A long-overdue musical tribute to the Stanley Cup Champion St. Louis Blues!...
By Brad Friedman on 6/13/2019 6:40pm PT  

On today's BradCast, we've got quite a bit of hard news, though we have to start off with a brief personal note. [Audio link to today's show follows below.]

Among the stories covered today...

  • My much-beloved hometown hockey team, the St. Louis Blues, are now Stanley Cup Champions for the first time in the franchise's storied if oft-frustrating 52-year history! After going from last place in the NHL in January to win the Cup in Game 7 in Boston, it seems only fair I'm allowed a short, if long-overdue, victory lap on today's program --- along with a bumper music tribute to the team I grew up with throughout today's show. (And no, Blues fans, it's probably not the music you expect!);
  • In somewhat more substantive, if less pleasant, matters (kicked off by a Daily Kos BradCast commenter who deserves credit for an appropriate invocation of the word "paracosm" today), life in the Conway household must be getting more bizarre by the day. On Thursday, the Trump-appointed head of the federal government watchdog Office of Special Counsel (not to be confused with Robert Mueller's Special Counsel's Office) recommended that Kellyanne Conway, one of Donald Trump's top advisers and apologists, be fired for "repeated violations" of the Hatch Act. The federal law bars federal officials from using their official offices for political purposes, yet Kellyanne repeatedly used hers to bash Democrats running for office while promoting Donald Trump and other Republicans. Scoffing at the watchdog's recommendation, of course, the corrupt White House is all but certain to ignore the multiple violations of federal law by one of its top officials;
  • Meanwhile, at the other end of Chez Conway, Kellyanne's husband, longtime Republican attorney and activist George took to the pages of Washington Post to file a scorching op-ed with Barack Obama's former Acting Solicitor General Neal Katyal, slamming Trump's latest legal appeal in the President's attempt to block Congressional subpoenas for financial documents from his accounting firm Mazars. Conway and Katyal deride the President's claims that Congress is Constitutionally barred from investigating criminal matters, and that only the Executive Branch may do so. "The idea that only the president can investigate the president is an argument for autocrats, not Americans," the pair write, arguing that Trump's legal argument seems to invite an official impeachment proceeding by Congress. "Every principle behind the rule of law requires the commencement of a process now to make this president a former one," they conclude, in what must make for some very chilly dinner conversation at the Conway household;
  • In not-at-all unrelated news, Michigan Rep. Justin Amash, the only sitting Republican member of Congress to call for impeachment proceedings against Trump, continues to maintain is not planning a run for President on the Libertarian ticket, though he said he has not "ruled anything out". He also lobbed back a pretty impressive response to an attempted Twitter shot by Donald Trump, Jr. (Of course, given the information-starved Trump supporters, it may be one they don't even understand.) Earlier this week, Amash officially resigned from the hard-right "House Freedom Caucus" (formerly known as the "Tea Party Caucus") which he had co-founded, having split with the group whose members have now become amongst the most virulent defenders and apologists for Trump in Congress. He also voted yesterday with Democrats in the House Oversight Committee to hold Attorney General Bill Barr and Commerce Sec. Wilbur Ross in contempt for defying a subpoena to turn over documents related to false Administration claims regarding the addition of a question about citizenship on the 2020 Census;
  • Of course, the reason Amash is currently the only sitting GOPer to call for Trump's impeachment is because he may be the only Republican in the House who actually bothered to read the Mueller Report, which details multiple instances of criminal obstruction by the President for Congress to consider for impeachment proceedings. This past week has brought some remarkably original excuses from GOP House members as to why they are willing to overlook and excuse multiple, well-documented federal crimes by the President, who Mueller found to have committed some of the very same unlawful actions for which articles of impeachment were brought against both Presidents Richard Nixon and Bill Clinton. For example, Ohio Rep. Steve Chabot, who as a member of the Judiciary Committee in 1998 voted for impeachment against Clinton, now says Donald Trump never swore on a bible, so there's nothing to impeach him for. Georgia Rep. Rob Woodall fell all over himself with some remarkable, false and contradictory statements while trying to explain why he proudly refuses to even read Mueller's report at all! But while Republican members of Congress might be excused --- under the world's most generous interpretation possible --- for being clueless when it comes to the Rule of Law, no such generosity can possibly excuse the jaw-dropping response to the Mueller Report's findings from the state of Louisiana's chief law enforcement officer, Republican Attorney General Jeff Landry;
  • Finally today, stunning news out of Michigan, where the state's recently appointed Solicitor General, tapped earlier this year by newly-elected Democratic Attorney General Dana Nessel, announced that state prosecutors were dropping all criminal charges against eight people indicted in the Flint lead poisoning water crisis and starting the probe over from scratch after an expansive new body of evidence was reviewed. Prosecutors say they may recharge some of the previously indicted individuals, but that new evidence reveals former Republican Attorney General Bill Schuette's three-year investigation failed to properly examine large swaths of material evidence, some of which is said to be tied to former Republican Gov. Rick Snyder. We try to make some sense of that news as we close out today's show...and musical tribute to my favorite underdog hometown team...

Download MP3 or listen to complete show online below...

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Guest: NC elections expert Dr. William Busa ('DocDawg' of Daily Kos!); Also: Barr, Ross found in contempt by House Oversight; Big progressive wins in VA; New NATIONAL polls show Trump in trouble, Warren surging...
By Brad Friedman on 6/12/2019 5:10pm PT  

We've got some interesting follow-up on today's BradCast, following the disturbing story we broke on air earlier this week regarding the "master passwords" for North Carolina electronic voting systems --- and more --- found online, unprotected, and downloadable by anybody since at least early 2016, at the NC Board of Elections website. [Audio link to show is posted below.]

But first up, some quick news updates: A second U.S. House committee has now voted to hold Donald Trump's new Attorney General and fixer William Barr in contempt. The House Oversight Committee on Tuesday voted to recommend holding both Barr and Commerce Secretary Wilbur Ross in contempt for refusing to turn over subpoenaed documents regarding the lies told by both Commerce and DoJ about adding a question on citizenship to the 2020 U.S. Census. Ross previously claimed he was asked by DoJ to add the question to help better enforce the Voting Rights Act, but new documents from the hard drive of a recently deceased GOP gerrymandering operative reveal the real intent was to shift resources and Congressional districts to white Republican jurisdictions.

In other Constitutional Crisis news, Hope Hicks, Trump's former Communications Director and longtime aide --- before his run for office, during the campaign and transition, and while in the White House --- has reportedly agreed to testify before the House Judiciary Committee next week about her cooperation with Special Counsel Robert Mueller's two-year probe. Hicks was a key witness on a number of the criminal obstruction charges detailed in Mueller's report. She has agreed, however, to testify to Judiciary only behind closed doors next week, presuming the White House doesn't move to block her in some way.

In elections news, new Quinnipiac polling shows six of the current top contenders for the 2020 Democratic Presidential nomination --- Biden, Sanders, Harris, Warren, Buttigieg and Booker --- all handily defeating Donald Trump in a head-to-head match-up in NATIONAL polling, if the election were held today. That new poll and others out today still show Biden atop the pack in the primary contest, though slipping since he entered the race last month. Two new polls show Warren leaping into second place above Sanders since last week. We offer some thoughts and WARNINGS about all such polls today.

And then, some surprisingly good news for progressives in Virginia, where two criminal justice reformers ousted long time state prosecutors in elections on Tuesday.

Next, we're joined by Dr. WILLIAM BUSA of EQV Analytics, a Democratic campaign consulting and technology firm in North Carolina, though Busa is likely better known to many on the Internets as "DocDawg" from Daily Kos. Busa has been doing some excellent follow-up work on the startling recent disclosures by cyber risk researcher Chris Vickery, who explained on Monday's BradCast how he discovered "master passwords" for some of NC's electronic voting systems, and much more, on the state Board of Elections website last year. Hundreds of files and screenshots, he said, were all left vulnerable on the Internet, in a directory set as public, to anyone who felt like downloading them, at least since early 2016 in advance of that year's Presidential election and its stunning, razor-thin conclusion.

Busa, as a well known elections maven in NC, tells me he was contacted following Vickery's revelations this week by the SBOE's spokesperson with a vague explanation for the exposed files --- which were subsequently set to private after Vickery notified the Board about the vulnerability last year in advance of the 2018 mid-terms. But, as he documented at Daily Kos on Tuesday, the explanation by the Board's Public Information officer Pat Gannon only made the case "murkier". Gannon, according to an email he sent to Busa, claimed the files were old passwords that were no longer in use and that, in any event, they were encrypted when posted online. Busa studied the claims regarding encryption and finds them to be untrue based on evidence revealed by the unencrypted screenshot of the passwords posted by Vickery.

For his part, Vickery --- who previously told me he found evidence the passwords had been in other jurisdictions as well as the one county the state claims --- politely suggested that Gannon appears to be uninformed about the details of what was left online. "Both of these issues," Busa observes, "being told that they were encrypted when clearly they're not encrypted, being told they were posted in 2012 when pretty clearly they were posted in 2016 --- goes to the question of 'Are we being told what's going on?'"

Moreover, Busa hits on what he describes as "the most troubling part of this.". The larger question --- one that we've been trying to make clear since the night that Trump was supposedly elected: Nobody --- not the states, not Mueller, not the FBI, not the DHS --- nobody has done a forensic analysis of the computer voting and registration systems and tabulators used in 2016 to assure they were not manipulated in some way, despite the many claims made by the U.S. Intelligence Community and the Special Counsel's office that Russia attempted to interference with elections systems in as many as 21 states before the 2016 Presidential contest.

If "white-hat good guys like Vickery" were able to find these vulnerable files, surely black-hate bad guys could easily have done so as well. "If DHS didn't find those things, then DHS is not as good as Chris Vickery. And if it's not as good as Chris Vickery at finding the chinks in our armor, then it's certainly not as good as Russia's GRU is," notes Busa. So, why didn't the DHS --- which, the U.S. Government has claimed has taken unprecedented steps to work with states to help them protect our elections from vulnerabilities --- already find these files and notify the state about the serious breech long before Vickery did? Both Busa and I are still asking.

"With McConnell blocking any meaningful election cybersecurity legislation in the Senate, DHS's 'band-aid' approach to 'Well, we're going to consult with the boards of elections in the fifty states and give them some assistance, it really is just that --- a band-aid. It doesn't give me any confidence whatsoever, especially now with what we've seen from the Vickery information."

Also today, since we've been covering so much GOP corruption in NC of late, (Busa quips: "North Carolina has become such an embarrassment that South Carolina is considering changing its name to 'North Georgia'), the NC elections expert and campaign consult rings in with helpful insight on the crucial, upcoming, SCOTUS opinion expected anytime now regarding unlawful GOP partisan gerrymandering of the state's U.S. House districts ("we have very little voice in North Carolina today because of those gerrymanders"); two upcoming U.S. House Special Elections in the state (one in NC-03 to replace the late GOP Rep. Walter Jones and the other to fill the NC-09 seat, which is still vacant following last year's GOP Absentee Ballot Fraud scandal that left the state BOE unwilling to certify results last November); and an important project Busa developed last year at NCGoVote.org called "Reg Watch", to automatically notify voters if their registrations have been changed or deleted for some reason. It would be very nice to see that project scaled up to all 50 states if possible! We discuss...

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Northam calls special session in VA; GOP's 'Mexican standoff'; Hicks' nix fix; 2020 Dems seek climate solutions, Admin offers 'freedom gas'...
By Brad Friedman on 6/4/2019 6:25pm PT  

As usual, on today's BradCast, everything you need to know --- whether you want to know it or not --- in 57 minutes or less...or your money back! [Audio link to full show follows below.]

  • First up today, Virginia's Democratic Governor Ralph Northam announces a plan to convene a special session of the state legislature this summer to respond to last Friday's massacre at a municipal building in Virginia Beach which killed twelve people. Republicans, who have long controlled both chambers of the gerrymandered state legislature, have nixed a panoply of popular gun safety measures year after year in subcommittees, such as measures to place limits on extended magazines like the type used in Friday's shooting, barring the purchase of more than one hand-gun per month, and background checks for all gun sales. Northam says he is asking for "votes and laws, not thoughts and prayers" from state lawmakers just months before the entire General Assembly will be on the ballot for the Commonwealth's November 2019 off-year elections;
  • The GOP establishment appears to be pushing back hard today against Donald Trump's promised new tariffs on all goods imported from Mexico, which Sen. John Kennedy (R-LA) recently predicted Trump won't actually implement. "He 's been known to play with fire, but not live hand-grenades," Kennedy opined regarding a new 25% tax that Americans would have to pay on all products from Mexico under the President's promised new scheme to, somehow, stop immigration across the southern border. Even members of his own Administration, however, don't appear to understand how Trump's proposed trade war would lead to an end of migration. But, in London today, Trump said it would be "foolish" to try and stop his plan to declare another "national emergency" to unilaterally impose the tariffs. Republicans are indicating they may have enough votes to override a Presidential veto. (We'll believe it when we see it.);
  • Meanwhile, our Constitutional Crisis continues, as the White House has now instructed former White House Communications Director Hope Hicks and former White House Counsel Chief of Staff Annie Donaldson to defy a Congressional subpoena for documents by claiming Executive Privilege over materials that have already been shared with Special Counsel Robert Mueller (and thus, have already had Privilege waived). With the persistent drumbeat calling for an official impeachment inquiry growing louder each day against the scofflaw President while the White House fights "all of the subpoenas" as per Trump's instructions, Democrats are preparing a number of votes in a number of Committees to hold current and former Administration members in contempt. In addition to possible votes of contempt in a number of committees, Dems have votes scheduled next week for the full House to declare both Attorney General William Barr and former White House Counsel Don McGahn in contempt;
  • In 2020 Presidential election news today, Joe Biden released a 22-page, $5 trillion climate plan that includes $1.7 trillion in federal spending over the next ten years, to be paid for by reversing the GOP's 2017 $1.5 trillion tax cut and ending subsidies for fossil fuel companies. We share Biden's introductory video for the plan, which vows to create millions of jobs and protect the retirement and pensions of fossil fuel industry workers. And we compare it to those of other 2020 candidates, including Elizabeth Warren who released her own "aggressive" $2 trillion plan to take on our climate crisis today as well. Biden's new proposal to make America carbon neutral by 2050 is receiving mostly high marks from environmentalists and comes in the wake of a much-derided recently reported comment from a campaign spokesperson claiming that the former Vice President was seeking a "middle ground" on climate that might be joined by Republicans. Climate hawks and supporters of Rep. Alexandria Ocasio-Cortez' Green New Deal resolution characterized Biden's new proposal as an encouraging response to activism and pushback from their ranks;
  • Finally, Desi Doyen joins us for our latest Green News Report, with news of Republican obstructionism finally giving way to a long-awaited $19 billion disaster relief package in Congress, the Trump Administration's newest scam to try and suppress climate science, Colorado's new plan to go big on renewable energy, and....yes...the Administration's promise of "freedom gas" for the world!...

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Good-ish news from NH and Israel; Trump unhinged after Mueller statement; Bombshell docs unearthed regarding Census citizenship question scam; And many more reasons to impeach this President...
By Brad Friedman on 5/30/2019 6:40pm PT  

We begin, at least, on today's BradCast, with a bit of what we'll call good-ish news, as things get necessarily darker from there. [Audio link to full show is posted below.]

Among today's stories...

  • New Hampshire's legislature overrides a veto by Republican Gov. Chris Sununu to finally abolish capital punishment. The Granite State becomes the 21st in the union to ban the death penalty which is, as one state Senator accurately describes it, "archaic, costly, discriminatory and violent";
  • More good-ish news from Israel, where a historic second election has now been called after rightwing Prime Minister Benjamin Netanyahu was unable to form a governing coalition after what appeared a Likud party victory in April, when both they and the centrist Blue and White party both won 35 seats in the Knesset. With a new election now set for September, it may be even more difficult for the hard-line Netanyahu, already facing felony indictments, to win what he thought would be an historic 5th term as Prime Minister;
  • Meanwhile, back here at home, the dispute over our own elections, two and a half years ago in 2016, continue, with our President seemingly growing more unhinged now by the day and the need --- and calls from Democrats --- to begin an official impeachment inquiry in the House, becoming louder by the hour following Special Counsel Robert Mueller's remarkable statement at the Dept. of Justice on Wednesday. As discussed in detail on yesterday's program, in his brief remarks, Mueller appeared to completely contradict earlier claims by Donald Trump's Attorney General William Barr that the DoJ's (absurd) guidelines barring criminal prosecution of a sitting President had nothing to do with Mueller's failure to file charges against Trump. In fact, as Mueller made clear (as he also did in his 448-page report [PDF], for those who bothered to actually read it), the Special Counsel's team of prosecutors never even considered criminal charges against the President, due to that dubious Departmental policy. Instead, they gathered evidence of criminal wrongdoing to be considered by Congress for purposes of potential impeachment. However, as Mueller said on Wednesday: "If we had confidence that the President clearly did not commit a crime, we would have said so";
  • Among the most persuasive and clarion voices to lay out the case in favor of impeachment in the U.S. House, ironically enough, is the only Republican who has come out in favor of such proceedings. Conservative Michigan Republican Rep. Justin Amash has been making the case for impeachment in a number of Twitter threads over the last week or so. We review another recent such thread today, in which Amash calls out Barr for having "deliberately misrepresented key aspects of Mueller's report" to Congress and the American people. That recent instructive commentary from Amash concludes by charging that "Barr has so far successfully used his position to sell the president’s false narrative to the American people," and warns: "This will continue if those who have read the report do not start pushing back on his misrepresentations and share the truth." While it's unclear if he's speaking to either his Democratic or Republican colleagues (or both) with that statement, it's also good advice for all Americans. We try do just that today (and every day, for that matter);
  • To that end, we both respond to BRAD BLOG commenter "DonL", who seeks some clarity on the impeachable actions by this President, as well as rebut Trump's unhinged press avail on the White House lawn today where he manically contradicted one of his own tweets from earlier in the day when he claimed that he "had nothing to do with Russia helping me to get elected." While the tweet was the first known instance of Trump conceding, as the Special Counsel detailed, Russia's efforts to support Trump's 2016 election, he quickly reversed his position when asked about it by media this morning, shouting "No, Russia did not help me get elected! You know who got me elected? I got me elected!" He then went on to respond to a question about whether he thought he would be impeached by claiming he couldn't "imagine the courts allowing it." ("The courts" play no part in impeachment proceedings beyond the Chief Justice of the Supreme Court presiding in the U.S. Senate over a trial for removal from office, should it come to that.) Trump also described "the word impeach" as "a dirty, disgusting, filthy word" as he stalked back and forth while parrying reporter's queries;
  • All of which seems to underscore the need to impeach the criminal and unfit President, despite House Speaker Nancy Pelosi's increasingly unsupportable arguments against it. Following Mueller's statement on Wednesday and Trump's variously unhinged statements and lies in response to it, there are now about half a dozen 2020 Democratic contenders (many of them Senators) calling for impeachment proceedings, along with at least 50 Democratic members of the House (including 11 members of the House Judiciary Committee and a number of Committee chairs), along with Amash, the lone House Republican to favor impeachment;
  • And, as if still more reasons are needed to bring impeachment proceedings against not only Trump, but other administration officials as well, new "bombshell" documents came to light on Thursday from the hard drive of a now-deceased, longtime Republican operative revealing that the Trump Administration's case for adding a citizenship question to the 2020 Census was built on lies from the jump. Experts say the addition of such a question would serve to disenfranchise urban and immigrant communities in favor of white Republican communities over the next decade, and the newly unearthed documents from the GOP operative say the same thing. The documents, found on the hard drive of the late GOP gerrymandering operative detail how such a question was needed by Republicans because it "would clearly be a disadvantage to the Democrats" and "advantageous to Republicans and Non-Hispanic Whites." The newly explosive evidence also reveals that Trump officials at the DoJ and Commerce Department (which oversees the Census Bureau), including Commerce Secretary Wilbur Ross, lied to both Congress and prosecutors about their reasons for wanting to add the question. (They absurdly claim it is meant to help the DoJ better enforce the Voting Rights Act.) But with the Republican majority on the stolen U.S. Supreme Court already appearing to favor the addition of the question following recent oral argument, and their decision on the matter due next month, its unclear how the new evidence will be presented to or considered by SCOTUS;
  • Finally, to finish where we started --- with a little bit more good-ish news (very little) --- we're joined by Desi Doyen with our latest Green News Report as the relentless extreme weather begins to ease in the central U.S. and as climate protesters in Europe helped to see big gains for Greens in last weekend's elections for the EU Parliament...

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Guest: Salon's Heather Digby Parton; Also: Pause predicted after weeks of catastrophic climate changed-fueled storms in central U.S...
By Brad Friedman on 5/29/2019 5:18pm PT  

On today's BradCast: For the first time before, during or since the completion of his two-year Special Counsel's probe into alleged Russian interference in the 2016 Presidential election and Donald Trump's obstruction of that investigation, Robert Mueller offered a 9-minute statement at the Dept. of Justice today to announce his expected resignation and to clarify a thing or two...sort of. [Audio link to full show is posted below.]

Mueller made clear, as did his 448-page report [PDF], that while current Dept. of Justice guidelines prevent the indictment of a sitting President, he and his team of investigators would have cleared the President of wrong-doing if they could have. "If we had had confidence that the President clearly did not commit a crime, we would have said so," he explained, adding, "we did not, however, make a determination as to whether the President did commit a crime." Mueller noted that he was bound, from the beginning, by DoJ's guidance which finds that "the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing."

The statement, once again, both contradicts Trump's Attorney General William Barr and clearly places the matter of impeachment on Congress' doorstep. Whether Congress will take up that matter, however, still remains unknown. Following Mueller's remarks, House Judiciary Chair Jerry Nadler offered his strongest condemnation of Trump to date, charging that "the Special Counsel has clearly demonstrated that President Trump is lying about the Special Counsel's findings, lying about the testimony of key witnesses in the Special Counsel's report and, above all, lying in saying that the Special Counsel found no obstruction and no collusion." He further said that "all options were on the table", regarding impeachment, and vowed that "no one, not even the President of the United States, is above the law."

Nonetheless, while Mueller took no questions after his statement, Nadler avoided direct answers to several questions from the press as to whether his Committee would finally begin a formal impeachment inquiry or even subpoena Mueller to testify. We share both statements in full today before we're joined for analysis and insight by award-winning opinion journalist HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo. She charges that Mueller's statement, once again, highlights how Barr misrepresented the Special Counsel's efforts and findings. He "entirely contradicts what William Barr has told the American people," she says, before moving on to charge that "Democrats are dithering" in the face of clear and convincing evidence of criminal obstruction by the President of the United States.

We also discuss the recent, noteworthy commentary and actions by libertarian conservative Republican Rep. Justin Amash of Michigan on these matters. Amash, alone (so far) among Congressional Republicans, has offered a number of powerful, clear and to-the-point summary condemnations on Twitter of what he describes as Trump's "impeachable" behavior documented by Mueller and takes Barr to task for misrepresentations of those findings. Moreover, as evidenced by a clip from Amash's first town hall event since calling for impeachment, back home in Grand Rapids on Tuesday night, the Congressman, who was elected in the Tea Party wave election of 2010 and is an original founding member of the far-right Freedom Caucus in the House, is not backing down from his advocacy and calls for impeachment of the President.

Parton rings in with her thoughts on Amash and whether he should be considered for the job of House Manager (essentially, one of the "prosecutors") in any trial for conviction and removal of the President in the U.S. Senate, should the Democrats finally move to impeach in the House.

Also today: After several unceasing weeks of severe weather and at least 200 reported tornadoes wreaking havoc and death across more than half a dozen states, the National Weather Service's Storm Prediction Center predicts a few days of relative calm, finally, in the days ahead, as we head toward the weekend. Major flooding, however, is predicted to continue in many states throughout the central U.S. and, despite the months of catastrophic climate-changed fueled extreme weather, the federal government, headed by a scofflaw President and climate science denier, continues to otherwise ignore our worsening climate crisis...

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Guest-hosted by Angie Coiro w/ David Levine, Elizabeth Cobbs and Kate Kendall...
By Angie Coiro on 5/24/2019 5:25pm PT  

I'm Angie Coiro of In Deep Radio, here on today's BradCast to give Brad and Des a breather. They're back post-holiday!

As I note in the show (audio link below) you don't have to agree with Nancy Pelosi's tactics and goals --- hell, you don't even have to like her --- to still doff your cap to her rhetorical skills. Her press conference this week gives a sentence-by-sentence master class in piercing your opponent with a smile, undermining his bombast with grace, and evincing humility while kicking him where it hurts. I walk you through her best-landed blows in today's show.

Then I go over Trump's court losses this week, the specter of impeachment, and even the possibility of Trump pardoning himself with DAVID LEVINE of UC Hastings Law. Spoiler about the self-pardon: no one knows how that would play out, because it's never happened before.

Putting this week's slam on Harriet Tubman into perspective is ELIZABETH COBBS of Stanford. Bottom line: she was a better person and patriot than he could ever pretend to be.

Finally, I have some time with someone I deeply admire. KATE KENDALL did powerhouse work at the head of the National Center for Lesbian Rights for twenty-two years. Now she's heading up Pack the Courts, formed to expand the number of SCOTUS seats to give justice a fighting chance. She explains it all in depth, including that choice of 'potentially-inflammatory name'...

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Guest: Eric Boehlert on media kid gloves for Barr, a country in crisis, impeachment, and why 'no one will break the glass on the alarm'...
By Brad Friedman on 5/22/2019 6:29pm PT  

Before we get to the "crapshow" in D.C. today and much more related to it on today's BradCast, a few quick, important points. [Audio link to show follows below.]

First, the St. Louis Blues, incredibly enough, are going to the Stanley Cup finals for the first time in 49 years. Okay, that's not all that important to most, but I've been waiting a really long time, so forgive me my momentary joy.

Second, and much more important (and disturbing): the City of Baltimore's computer networks have been crippled and shutdown by a ransomware attack for more than two weeks now, grinding all city services to a virtual halt and likely requiring a complete rebuild of everything from backup data onto new hardware. Baltimore is reportedly the 20th U.S. municipality to be hit by such an attack so far this year.

Among Baltimore city offices struggling to continue their work is their "dead in the water" Board of Elections, where all local computers are shut down with BOE employees now working remotely out of the State Board of Elections, as well as County Boards in Baltimore and Hartford. The ongoing disaster led the city Board of Elections' Deputy Director to opine: "Thank goodness it's not an election year." Um...yeah..."thank goodness" indeed. But what if it were? And shouldn't this be a much greater concern than, well, pretty much everyone is currently admitting, as city, county and state elections now rely, from top to bottom --- from voter registration to ballot programming to vote tabulation and election results reporting --- on similarly vulnerable computer networks? Without paper poll books at each precinct and HAND-MARKED paper ballots for all, it would be impossible to run an election under such circumstances. But...."thank goodness it's not an election year" and, otherwise, why worry about such crazy "conspiracy theories" as the ones we've been warning about for more than 15 years now?

In other, yes, related news: the Donald Trump Presidency continues to swirl still deeper into the bowels of its own disastrous making while the continuing stand-off with Congress intensifies and more bad news arrives from the federal courts for this President. Today, among too many other things, House Speaker Nancy Pelosi met with Congressional Democratic leadership to discuss the growing cries for an official impeachment inquiry and emerged to declare that "the President of the United States is engaged in a cover-up". That completely unsurprising statement was used as a predicate for Trump to storm out of a planned meeting at the White House with Democratic leaders on an infrastructure bill after just three minutes. He then held what media falsely characterized as an "impromptu" news conferences in the Rose Garden where the President discussed "the i-word" and, with a straight face --- in front a pre-printed sign inaccurately declaring "No Collusion, No Obstruction --- claimed to be "the most transparent President, probably, in the history of this country" and that he doesn't "do cover-ups".

Hours later, his ongoing efforts to cover-up his financial records was dealt a second blow this week by a second federal judge who flatly rejected the Trump family's attempt to block Deutsche Bank and Capital One from turning over Trump financial records in response to a lawful Congressional subpoena. Earlier this week a different federal judge found similarly against Trump's attempt to cover up his financial records held by private accounting firm Mazars USA, which are also the subject of a separate lawful Congressional subpoena. And, all of that is related, as we explain, to the cover-up payments to Trump's former personal lawyer and fixer Michael Cohen who was "directed" by Trump to give hush-money payments to porn star Stormy Daniels just prior to the 2016 election to cover-up their alleged affair.

Of course, as Trump's administration continues to cover-up their own growing private email server scandals (remember that li'l problem they had with Hillary Clinton about that?), the man who has helped carry off Trump's greatest cover-up to date (at least that we know of, so far) is his new Attorney General, cover-up artist and personal fixer William Barr. Our guest today, author and media critic ERIC BOEHLERT argues Barr has not been appropriately held to account by the corporate media, even after being found in contempt by the House Judiciary Committee for failing to answer a lawful Congressional subpoena to hand over the full Mueller Report and its underlying evidence. Boehlert explains as he wrote this week, where and why he sees the corporate media dropping the ball.

"New York Times, Washington Post --- they haven't called for his resignation," Boehlert tells me. "It is inconceivable what Bill Barr could possibly do which would trigger major newspapers in this country to call for his resignation. People say, 'Well, who cares? He's not going to resign.' That's true, but, it sends this message that we are in a crisis. We are in a possibly defining crisis in American history. But these major news organizations don't want to go there. They don't want to raise the temperature."

The crisis he refers to, of course, has "been a problem since Inauguration Day 2017, [but] no one will break the glass on the alarm."

We also discuss whether Congressional Democrats are falling short as well, as the internecine debate among Democrats in the House over whether to begin a formal impeach inquiry continues to grow and intensify. Among the many points discussed in that conversation: whether the conventional wisdom that Senate Republicans would never vote to convict and remove Trump from office is actually true...

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Guest: Dave Daley of FairVote: Also: Tornado swarms erupt across U.S. amid climate crisis; Ford to fire thousands of workers...
By Brad Friedman on 5/20/2019 6:58pm PT  

Our guest on today's BradCast, argues that representative democracy is facing a "major crisis." And he wasn't even talking about the Constitutional Crisis we are now seeing as Trump turns up his obstruction measures against the U.S. Congress to 11. But partisan gerrymandering underscores that crisis as well. [Audio link to full show is posted below.]

First up today, however, much of Texas and Oklahoma are under tornado watches and warnings today, as 10 million Americans were under flash flood warnings as of airtime today, following as many as 67 tornadoes over the weekend in in Texas, Oklahoma, Louisiana, Kansas and Nebraska. That, after more than a month of record flooding along the Missouri and Mississippi rivers in many states. There is good reason that the UK's Guardian newspaper updated its style-guide last week to reflect the existential climate crisis humanity now faces, thanks to the burning of fossil fuels. The Guardian is now recommending "climate change" be referred to by its journalists as "climate emergency, crisis or breakdown", and that "global warming" is better described as "global heating", with "climate science denier" to be used instead of the inaccurate "climate skeptic". It will be nice when US media decides to do the same.

Meanwhile, in the U.S., Ford Motor Co.'s CEO --- who personally received a 6% raise last year, bringing his total compensation package to nearly $18 million --- announced plans for a "smart organizational redesign process" on Monday. That's a nice way of describing the company's decision to lay off as many as 7,000 workers by the end of summer. So much for the $1.5 trillion GOP tax cut assuring jobs, jobs, jobs and putting our economy "on rocket fuel", apparently, as Trump promised.

But the biggest news over the weekend, no doubt, comes from conservative Republican Rep. Justin Amash of Michigan, who announced and explained on Twitter why he believes "President Trump has engaged in impeachable conduct" and why even the redacted version of the Mueller Report reveals Trump "engaged in specific actions and a pattern of behavior that meet the threshold for impeachment."

The courageous, staunch libertarian Tea Party Republican and co-founder of the hard right Freedom Caucus in Congress, also charges that Trump's new Attorney General William Barr "deliberately misrepresented Mueller's report", that "partisanship has eroded our system of checks and balances," and that "the risk we face in an environment of extreme partisanship is not that Congress will employ [impeachment] as a remedy too often but rather that Congress will employ it so rarely that it cannot deter misconduct." He went on to warn, as we long have as well, that "When loyalty to a political party or to an individual trumps loyalty to the Constitution, the Rule of Law --- the foundation of liberty --- crumbles."

Trump's impressive response was to call Amash "a total lightweight" and "loser". Ours is to bestow him with our much-sought after, if rarely bestowed, Intellectually Honest Conservative Award

Of course, there are other reasons that so few (exactly zero, at the moment) other Congressional GOPers have joined Amash in standing up for what they used to pretend to believe in. One is that Democrats have yet to present the case for impeachment to the American public, even as the Trump Administration invokes every form of unlawful obstructive measure to try and keep them from doing so. (Breaking news during today's program, for example, includes a federal judge finding Trump's accounting firm Mazars must turn over Trump's financial documents as lawfully subpoenaed by Congress, despite a lawsuit from Trump attempting to block them from doing so; and news that the White House has now ordered former White House Counsel Don McGahn to defy a Congressional subpoena requiring him to testify to the House Judiciary Committee on Tuesday.)

The other reason many Republicans in Congress feel no need to hold Trump to account is that the GOP's extreme partisan gerrymandering in state after state following the 2010 census has resulted in members of Congress who feel --- with no small amount of justification --- that they cannot be removed from office by voters in a general election. The radical imbalance of such obscene district maps have resulted, for example, in Democratic House candidates winning almost 50% of the vote last year in North Carolina, but ultimately taking just 3 of the state's 13 U.S. House seats. In Ohio, essentially 50/50 splits by voters for members of Congress have resulted in just 4 of 20 seats going to Democrats, year after year, over the past decade. We've similar stories in other key states such as Wisconsin, Maryland and Pennsylvania, with courts finding House Districts and state legislative districts alike to have been unconstitutionally gerrymandered, and orders by federal courts to draw new, fairer maps repeatedly blocked by the GOP's stolen U.S. Supreme Court.

That decade-long scam, as our guest today, DAVID DALEY of FairVote argued last week at New Republic, is precisely why GOP-controlled state after GOP-controlled state in recent weeks, have been able to adopt radical, extremist and even unpopular anti-abortion restrictions. Daley, author of the book RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy, lays out his argument, updates us on the recent partisan gerrymandering cases in North Carolina and Maryland now before SCOTUS (with a ruling due next month), and why, as he argues, the fight for fair maps, fair elections and democracy itself "is not going to be saved in this country by any given election," but needs to be "engaged and fought every single day" as we are now in "a war for the future of this country"...

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Guest-hosted by Nicole Sandler with Senate Judiciary Committee vet Lisa Graves and Tweeter 'GottaLaff'...
By Nicole Sandler on 5/17/2019 5:51pm PT  

On today's BradCast, I'm your guest host, Nicole Sandler of nicolesandler.com

I’m a bit freaked out about the lawlessness of the Trump administration and the seeming lack of action on the part of the Democrats to do something! The question of the day is: "To impeach or not to impeach?" The first person I thought of to help with this question was LISA GRAVES, former Chief Counsel for Nominations on the U.S. Senate Judiciary Committee under Senator Patrick Leahy (D-Vermont) and Deputy Assistant Attorney General in the United States Department of Justice during the Clinton Administration. Twitter’s @GottaLaff also joins in to continue the conversation. Enjoy!...

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Guest: Salon's Heather Digby Parton on 'the greatest liar and conman of all time'; Also: Don Jr. subpoenaed by GOP-Senate Intel Committee...
By Brad Friedman on 5/8/2019 6:56pm PT  

On today's BradCast, it seems to be the day when we are now officially tumbling over the Constitutional Crisis cliff.

The day began with Donald Trump's Dept. of Justice issuing a letter to the House Judiciary Committee informing them that the President was formally asserting Executive Privilege to block the release to Congress of the unredacted report by Special Counsel Robert Mueller as well as all of its underlying evidence, such as witness testimony, grand jury information, etc.

That, as the Committee held its scheduled session to consider a vote on a resolution [PDF] finding Trump's Attorney General turned personal fixer William Barr in contempt. The vote recommending the full House consider citing Barr came after weeks of Chairman Jerrold Nadler's repeated attempts, to no avail, to find good faith accommodation with the DoJ to release the subpoenaed Special Counsel materials. Nadler's thanks came today when the DoJ notified the Committee that, due to Trump invoking Executive Privilege, they would not be allowed to see any additional material from the Special Counsel investigation of Donald Trump's obstruction of justice and his 2016 campaign's involvement with alleged election interference by Russia. In an amusing sidebar, the White House statement today on this charged: "Faced with Chairman Nadler's blatant abuse of power...the President has no other option than to make a protective assertion of executive privilege."

And, as all of that was going on, House Speaker Nancy Pelosi, at a Washington Post event, declared cryptically that Trump's "obstruction, obstruction, obstruction" means that he is "becoming self-impeachable," whatever that might mean.

We're joined to try and make sense of all of this today --- including last night's blockbuster New York Times exposé finding Trump's tax records from 1985 through 1994 reveal that the self-proclaimed "greatest businessman of all time" personally lost more than $1 billion over that decade --- by our friend and award-winning journalist HEATHER DIGBY PARTON of Salon and Hulaballoo.

Among the many questions raised and (some of them) answered today with the great "Digby"...

  • Did the Times' report have anything to do with Trump's blanket use of Executive Privilege today to block a report that he had previously waived the privilege on? ("The bigger picture here," argues Parton, "is that it exposes Trump as the greatest liar and conman of all time.")
  • Is Trump's legally dubious (to say the least) strategy of attempting to block any and all Congressional access to documents and witnesses really meant only to run out the clock until election season begins in earnest?
  • Is there a group of non-elected Republicans who might finally step in to end this madness?
  • Will the Democrats' attempt to refer a contempt citation for Barr be any more successful than the Republicans' attempt to cite Obama Attorney General Eric Holder in 2012 when, as we discuss, they made the exact same arguments against Holder that Dems are making against Barr today?
  • Are the Dems moving too cautiously in their attempts to hold Trump and his Administration accountable?
  • Are we any closer to an actual impeachment inquiry of the President, given (as 1998's Lindsey Graham helpfully reminds us today), the very same obstruction of Congress by a President for which Articles of Impeachment were issued against both Richard Nixon and by Graham and the Republicans against Bill Clinton?
  • What the hell does Pelosi's "self-impeachable" remark actually mean?
  • And should we all be concerned about what Trump might do next when things get even worse for him and his Presidency --- as his Administration continues to beat drums of war against Venezuela, Iran and other nations?

And, as if all of that isn't enough to squeeze into one very fast moving hour, as we got off the air today we received the breaking news that the GOP-controlled Senate Intelligence Committee has now subpoenaed Donald Trump, Jr., regarding his previous Congressional testimony on the Trump Tower Moscow project...as the walls appear to be tumbling down...

Download MP3 or listen to complete show online below...

NOTE: I'm on the road tomorrow, so we'll be airing a BradCast Recounted for ya. Angie Coiro is in for us on Friday. And I'll be back, whether you or I like it or not, on Monday!

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Pompeo plunders Arctic for U.S.; Trump pardons war criminal murderer; White House blocks subpoenaed McGahn docs; Too much more...
By Brad Friedman on 5/7/2019 6:52pm PT  

Before we get to our Constitutional Crisis update on today's BradCast, we offer an update on our Climate Crisis, which the rogue Trump Administration has been busy exacerbating in the Arctic this week, to the horror of other Arctic nations. And, yes, our continuing national Gun Crisis returned to the headlines (did it ever leave?) with breaking news of another school shooting today in suburban Denver. [Audio link to show is posted below.]

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

  • Trump Sec. of State Mike Pompeo stunned fellow Arctic Council members in Finland on Monday, with a speech in which he appeared absolutely giddy about economic opportunities emerging from the quickly thawing Arctic. Without once mentioning the phrase "climate change" in his 2,400 word speech, Pompeo cited "opportunity and abundance" for those able to exploit previously frozen and untapped oil and mineral reserves in the otherwise pristine Arctic, not to mention "fisheries galore" and thawed "passageways" for travel and commerce that could turn the Arctic into a "21st century Panama Canal". The remarks, reportedly, came as a shock to other representatives of the Council's nations, there to discuss protection of the melting Arctic from political and economic threat.

    But on Tuesday, things got worse as the U.S. refused, for the first time, to sign a group agreement on challenges facing the Arctic due, according to Reuters, to discrepancies in the agreement over climate change wording, jeopardizing cooperation among participating countries as the Arctic continues to warm at nearly twice the pace as the rest of the planet;

  • Back in D.C., Donald Trump stunned the legal and military community with the Monday night pardon of a former U.S. Army lieutenant sentenced by a 2009 court marshal to 25 years in prison for the murder of an Iraqi civilian in 2008. Michael Behenna was granted Executive Clemency by Trump for the gruesome killing in which Behenna was found, according to military prosecutors, to have taken "the victim out into the desert in Iraq, stripped him naked, interrogated him while he had his Glock piston pointed at him, shot him in the head, shot him in the chest, killing him at that time," all outside of a combat zone and in defiance of both orders and the military code of justice. So, Trump has moved from sending political messages with the pardons of those who obstruct federal court orders, like the disgraced former Arizona Sheriff Joe Arpaio, to granting Executive Clemency to murderous war criminals. Got the message?;
  • Before we move on to today's Constitutional Crisis update, an interesting background development, as Attorney General William Barr's Justice Department announced over the weekend that it had arrested and charged a Virginia man who served as an FBI linguist on counts of "obstructing a federal investigation and making multiple false statements to FBI officials". Of course, Barr has been famously arguing of late --- in regard to President Trump --- that, since Special Counsel Robert Mueller did not find enough evidence of criminal cooperation between the Trump Campaign and Russia during his investigation into 2016 election interference, Trump could not possibly be guilty of obstructing that investigation. With no underlying crime, Barr's legally unsupportable theory goes, there can be no obstruction of the investigation into those crimes. In the case of the FBI's cunning linguist, however, obstruction charges were filed with no underlying crime, according to a former federal and state prosecutor;
  • In related news, there are now some 500 former federal prosecutors (actually, over 700 now, since checking after the show), both Republican and Democratic, who have signed onto an open letter declaring that, based on the evidence revealed by the redacted Mueller Report, Trump would have been charged with multiple counts of felony obstruction, had he been a private citizen;
  • Then, the latest news in the multiple Constitutional showdowns between the Administration and Congress, including Treasury Secretary Steven Mnuchin's refusal to answer the Ways and Means Committee's statutory demands for the IRS Commissioner to turn over several years of Trump's tax returns and Barr's refusal to respond to a lawful Congressional subpoena from the House Judiciary Committee to turn over Mueller's unredacted report and its underlying evidence. With a vote on contempt by the AG still scheduled for Wednesday in the Committee, it seems a good time to look back at the case made by House Republicans in 2012 for a contempt vote against President Obama's then-Attorney General Eric Holder, including speeches from a number of GOP lawmakers incensed at the time for the DoJ's failure to turn over subpoenaed documents, which they then described as unlawful disdain for both the rule of law and the Constitution. But that was then;
  • And, with both Mnuchin and Barr facing potential contempt citations, it was former White House Counsel Don McGahn's turn in the barrel today, as the White House stepped in to block his production of subpoenaed documents that he had long ago shared with the Special Counsel --- thus waiving the White House's opportunity at the time to invoke Executive Privilege to block the release of the documents now along with McGahn's testimony, according to largely every legal expert who doesn't work at the White House. (Though even some of those lawyers, according to WaPo, see the Administration's belated attempt to invoke the privilege now as legally dubious.) As that legal wrangle plays out, McGahn's next difficult decision will come on May 21, when he has been subpoenaed by the Judiciary Committee to appear for testimony as a witness to numerous incidents of criminal obstruction by the President as detailed in the Special Counsel's redacted report;
  • Finally, Desi Doyen joins us for the latest Green News Report focused on the alarming landmark study released by the U.N. this week finding that human develop, consumption and exploitation is now threatening the extinction of some 1 million plant and animal species, a report that was released before Pompeo even arrived in the Arctic this week to dance on --- and plunder --- its melting grave...

Download MP3 or listen to complete show online below...

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Guest: Ernie Canning defends inmate voting; Also: Trump lies (again) about tariffs, economy, China; House Judiciary to vote on Barr contempt; Mnuchin refuses (again) to turn over Trump taxes; 400 former prosecutors say Mueller revealed criminal felonies by the President...
By Brad Friedman on 5/6/2019 7:00pm PT  

Our lead story on today's BradCast makes everything else seem quite small by comparison. (And, no, that story is not the new royal baby. You're welcome.) Unfortunately, those other stories aren't small at all. In fact, they are almost all unprecedented as the nation continues its dark plummet into an historic Constitutional crisis under this Presidency. [Audio link for today's show is posted at end of summary.]

We cover quite a bit of ground on today's show, by necessity, if not choice. Among the stories covered...

  • A landmark, 1000+ page report compiled by some 450 researcher working with a U.N. agency, based on the data from 15,000 scientific and governmental reports warns that 1 million of the planet's 8 million plant and animal species are now threatened with extinction --- many within decades --- thanks to human activity. The report finds that, more than at any other time in human history, nature itself is threatened due to human development and consumption that leaves land species finding "insufficient habitat for long-term survival" and oceans species in similar peril. While the report's authors stress there is still time to act to reverse this alarming trend, we break down some of their critical findings at the top of the show, since they are likely being overshadowed today with so much other insane news emanating from our nation's capitol and reverberating around the globe;
  • Beyond that disturbing new study, world markets opened on an alarming note on Monday --- including an initial 450-point plunge on the Dow --- following Trump's weekend tweets threatening to impose a 25% tariff on all goods imported from China by week's end. In ">his tweet, he included at least two lies, including that "China has been paying Tariffs to the USA" and "These payments are partially responsible for our great economic results." In fact, Americans pay those taxes, not China. And, as even honest conservatives who we cite on today's show point out, Trump's continuing trade war has harmed, not helped the economy, and the trade deficit with China has only gotten worse, not better, for the US in the bargain;
  • Posing an additional threat to the world economy is the Trump Administration's chest-thumping against Iran, including threats of sanctions against any nation (including allies) who purchase Iranian oil and the deployment over the weekend of an aircraft carrier battle group and a bunch of bombers toward the Persian Gulf;
  • Setting aside the Trump-caused foreign-policy and market crises, there's the Constitutional crises that he's continuing to exacerbate today here at home, where some 400 former federal prosecutors --- both Republican and Democratic, some who served as long ago as Dwight D. Eisenhower --- issued an open letter today proclaiming that, were it not for the Dept. of Justice's Office of Legal Counsel policy against indicting a sitting President, Trump would have been charged on multiple felony counts of obstruction of justice, based on the information detailed in the redacted version of Special Counsel Robert Mueller's report;
  • In related news, the House Judiciary Committee announced plans on Monday for a vote on Contempt against Trump Attorney General and "fixer" William Barr after the nation's top law enforcement officer's repeated failure to hand over to Congress the full Mueller Report and its underlying evidence, as per a Congressional subpoena;
  • Similarly, Trump's Treasury Secretary Steven Mnuchin announced that the Treasury Department will also rebuff a Congressional request from the Ways and Means Committee to produce six years of Donald Trump's tax returns, as per long-standing federal statute. Both incidents --- both unprecedented --- will almost certainly now be forced into federal court for adjudication;
  • Meanwhile, in New York, Michael Cohen, the former personal lawyer and fixer for Trump who predates Trump co-opting of the nation's Attorney General for that purpose, offered a public statement to media before heading off to federal prison for three years on Monday. Cohen will be serving time for, among other things, lying to Congress and carrying out hush-money payments to two women with whom Trump had affairs, a criminal conspiracy "directed" by Trump, according to prosecutors, in violation of federal campaign finance laws. In his statement, Cohen said: "I hope when I rejoin my family and friends that the country will be in a place without xenophobia, injustice and lies at the helm of our country." In other words, he hopes that voters will remove Trump from office next year, highlighting the fact that as a federal inmate in New York he will not be allowed to vote in that election. But if the man who federal officials say "directed" the conspiracy --- who would also have been charged on multiple obstruction counts had he not been the President (thanks, in no small part, arguably, to those unlawful hush-money payments made just before the 2016 election) --- gets to not only vote, but run for re-election next year, shouldn't Cohen have a vote as well?;

That brings us to our guest today, attorney and longtime BRAD BLOG contributor ERNEST A. CANNING, who penned an insightful op-ed today arguing that the notion of "inmate vote is not a radical idea". On Friday, Republican state lawmakers in Florida enacted a measure that would undermine Sunshine State voters who approved a Constitutional measure in November, with a nearly 65% majority, that would restore voting rights to most former felons in the closely divided swing-state, one of just three in the nation --- along with Iowa and Kentucky --- to ban former felons from voting for life, even after serving their time.

But the idea of inmates voting, while still in prison, has been a matter of discussion and growing debate following the ACLU's recently-launched "RIghts for All" campaign, in which they seek to get 2020 candidates on record regarding, among other things, the right to vote by those still in prison. Currently, 48 states, other than Vermont and Maine, ban the practice. But, as Canning explains, "21 other democracies, including Canada, Sweden and Israel, allow all prisoners to vote." So, why should inmates lose their right to vote in the nation that incarcerates more of its own citizens than any other?

Canning, a Vietnam vet who also worked as a Senior adviser to VetsForBernie.org, explains the injustice and hypocrisy of barring inmates from voting, citing its lack of deterrent effect and noting that luminaries such as Dr. Martin Luther King, Jr. penned his famous "Letter from a Birmingham Jail" and that Nelson Mandela, who spent 27 years in prison, would go on to become the formerly-apartheid South Africa's first black President and recipient of the Nobel Peace Prize.

In his article and on today's program, Canning also offers a compelling response to critics, like the President and many in his party (and in the Democratic Party, as well) who, as Trump's spokesperson recently charged, find the notion of inmate voting "deeply offensive", because it would allow the likes of the Boston Marathon Bomber and the perpetrator of the Charleston Church Massacre (both of whom have been sentenced to death), to cast a vote before being killed.

It's a long-overdue --- and interesting --- conversation that Americans of all political stripes, but certainly progressives, should have in "the land of the free", where First Amendment rights are still allowed for prisoners. So why isn't the right to vote?...

Download MP3 or listen to complete show online below...

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Guest: Ted Kalo, 14-year veteran House Judiciary attorney, details what comes next; Also: Good news for voters in OH, bad news for voters in FL...
By Brad Friedman on 5/3/2019 6:48pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

Download MP3 or listen to complete show online below...

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