On today's BradCast: Sanders is out, and a former federal prisoner tries to sound the alarm about deplorable and deadly conditions in our nation's prison system as coronavirus turns jail sentences, even for non-violent offenders, into death sentences --- not to mention the dangers posed to prison workers and their families in the bargain. [Audio link to show is posted below.]

First up: And then there was one. Vermont Senator Bernie Sanders announced the suspension of his Presidential campaign on Wednesday, leaving Joe Biden the last man standing from about 25 or so Democratic men and women vying for the 2020 Democratic Presidential nomination. In a live-streamed announcement, Sanders said he was leaving the race, though staying on the ballot in the remaining primary states (if they are ever able to vote amid the coronavirus pandemic) in hopes of leveraging as many delegates as possible at the Democratic National Convention (if it is ever able to happen) to continuing moving his progressive agenda forward. We share an extended portion of Sanders statement today, in which he announces his support for Biden, if not yet an explicit endorsement.

Next: While most Americans continue to hunker down in their homes and maintain physical distancing while outside of the home as COVID-19 cases and deaths continue to rise, there are millions held in state and federal prisons (as well as immigration detention centers) who are unable to physically distance themselves from others. The result, not unexpectedly, is an explosion of infections and deaths for both prisoners and prison staff around the country, even as some states have released thousands of non-violent offenders to try and ease over-crowding that is exacerbating the problem and turning incarceration into a potential death sentence for many.

Former Alabama Governor DON SIEGELMAN contacted us last week in hopes of trying to get the word out about the problem, including at the Federal Correctional Institution in Oakdale, Louisiana, where the former Democratic Governor (and "political prisoner") served five years of time before his long-overdue release in 2017.

The minimum security facility at Oakdale has seen an explosion of COVID-19 cases and, according to suspiciously low numbers being reported by the U.S. Bureau of Prisons (BOP), currently has more reported cases (35) and deaths (5) than any other federal facility. (Curiously, on its website, the BOP is reporting just 253 federal inmates and 85 BOP staffers infected as of today at more than 40 federal facilities across the country. At the same time, as the NYTimes reported this afternoon, the Cook County jail in Chicago alone has at least 387 cases linked to that one county facility.)

Siegelman, who has been in touch with some of his former cellmates who are now pleading for help, details the conditions that prisoners at the Oakdale facility are forced to live under. "The conditions at Oakdale were bad before the virus started," he tells me. "If people can imagine living stacked, one on top of the other, basically a warehouse."

He details one of the areas he was housed in that inmates call "the submarine room" because bunks are stacked three high and it is like living in a submarine. The bunks, he says, are "so close together you can actually reach out and touch the other inmates if you wanted to. It was so crowded. There's no ventilation. The doors are shut, the windows are locked. There's nothing to protect an inmate from breathing what other inmates exhale." With inmates "in such close proximity, there is no way to protect themselves from someone who has the virus, who is a carrier. For the virus, it's going to be like shooting fish in a barrel."

Siegelman explains that he has been told the facility has not made adequate changes to deal with the outbreak, which is why the ACLU has filed a lawsuit in hopes of allowing many of the non-violent offenders to be released from the facility. While that has happened in a number of state prisons, the federal system is moving intolerably slowly in taking any action at all. In many cases, Siegelman says, prisoners are locked up during pre-trial, before they've been found guilty of anything. In others, they are forced to stay in these dangerous conditions longer than they might otherwise, since many probation and parole boards have been unable to meet due to the pandemic.

He is calling for non-violent offenders, particularly those late in their sentences, to be released immediately. "My question is, why are they there in the first place? If they pose no threat to public safety, if they're non-violent offenders, if they have only a few months remaining on their sentence, if they are at risk because of health reasons, why not let them out? They should have been out already."

The once very popular southern state Governor served from 1999 to 2003, after serving as Alabama's Sec. of State, Attorney General and Lt. Governor. He was charged with bribery-related offenses in which he never received a dime on charges that more than 100 former Democratic and Republican state Attorneys General described as something that was never considered to be a crime until Siegelman was charged with it. He was sentenced by a federal judge who was later arrested and removed from the bench after being found to have beaten his wife.

The evidence suggests, as we've covered his story over the years on air at The BRAD BLOG, that it was a political prosecution which included major prosecutorial misconduct during the George W. Bush era, when Siegelman's Republican rival, Gov. Bob Riley, worked closely with longtime Alabama GOP operative Karl Rove to take him down by any means necessary. That included an almost-certainly stolen election on a Diebold optical-scan tabulator on which results were flipped against him in the middle of the night. All of which Siegelman details in his upcoming book, Stealing Our Democracy: How the Political Assassination of a Governor Threatens Our Nation.

For now, however, Siegelman is fighting for criminal justice reform and imploring listeners to "call your mayors, your governor, and Members of Congress to keep the pressure on to get these people out of jail and out of prisons that pose no public safety risk. They need to say that inmates that are non-violent, that pose no public safety risk, need to be released --- or at least placed in another facility where they are separate from other inmates. .... We would hope that the President of the United States would get on board and take this a little more seriously. But don't hold your breath."

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We enjoy a brief pause from our wall-to-wall election coverage of late on today's BradCast (if not entirely) to revisit the ongoing unraveling of the rule of law as we know it at the U.S. Dept. of Justice under Donald Trump's fixer Attorney General Bill Barr. [Audio link to show is posted at end of summary.]

Late on Thursday, a long-time U.S. District Court judge appointed by George W. Bush issued a blistering --- and perhaps unprecedented --- opinion, essentially describing the U.S. Attorney General as a liar. Judge Reggie Walton described Barr's characterization of the Robert Mueller Special Counsel's Report on the investigation into Russia's influence on the 2016 election, as "distorted" and "misleading".

He cited "inconsistencies" between Barr's description of the findings in Mueller's 381-page report before it was released in redacted form last year, versus the often-damning evidence actually revealed by the Special Counsel's probe. Walton declared that Barr's "lack of candor" called into question his "credibility and, in turn, the department's" reasons for redacting portions of the report in response to a Freedom of Information Act (FOIA) request for the full, unredacted text of the document.

"The inconsistencies between Attorney General Barr’s statements, made at a time when the public did not have access to the redacted version of the Mueller Report to assess the veracity of his statements, and portions of the redacted version of the Mueller Report that conflict with those statements cause the Court to seriously question whether Attorney General Barr made a calculated attempt to influence public discourse about the Mueller Report in favor of President Trump despite certain findings in the redacted version of the Mueller Report to the contrary," Walton said.

The unusually blistering opinion by a federal judge of a sitting U.S. Attorney General, challenging the credibility of DoJ prosecutors who, he felt, might be lying about the reasons for redactions in order to protect Barr's earlier false claims (that Mueller found no evidence of collusion and was unable "to establish that the President committed an obstruction of justice offense" --- all lies) is being cited by former prosecutors as "indicative of the fabric of the justice system deteriorating".

Judge Walton has now ordered the DoJ to privately reveal to him what is under the redactions that the government is claiming are related to national security and other lawful exemptions from FOIA requests.

We're joined today by BuzzFeed News investigative journalist JASON LEOPOLD, who filed the FOIA request in question and has now been forced to sue with the Electronic Privacy Information Center (EPIC) to challenge the validity of the DoJ's redactions. Leopold tells us he's filed "well over 3,500" such requests, having sued the government "70 times" to force them to follow the law, but says he has never seen anything like the response unleashed by Walton (who has presided over other suits brought by Leopold as well.)

In other similar litigation, Leopold explains, judges tend to simply defer to claims by prosecutors. If they say there is good reason to keep the material redacted, judges do not tend to question them. "It's rare, it's very rare that a judge will actually say 'let me take a look at this and make a decision'." But, Leopold tells me, he has noticed Walton increasingly losing patience with the Department in recent months. "He's become very, very frustrated and sees this as politicization...and therefore, he just can't take their word that these redactions are justified and followed the law."

When I ask if Walton's charge that Barr was "lacking in candor" is a polite way for the judge to say he may be lying, Leopold says "not 'may be' lying --- is lying!," according to his reading of the federal jurist's opinion.

"This is a very important opinion," he argues, "because you're going to see this opinion cited in other Freedom of Information Act cases, when they go to court to say that the withholding of records, that there's questions about whether there's politicization behind that, and that Barr is the person who presides over this department and simply doesn't have credibility." Leopold continues: "This doesn't just disappear. It doesn't just go away. This is in the record. This is a case that people can cite. Barr has really damaged the reputation of the Justice Department."

All of which serves as a helpful reminder of the importance of removing this dangerous Administration from office this November, no matter who ends up becoming the Democratic Presidential nominee. On that important point, and on the likelihood of Democrats winning back the Senate this year, we've got some encouraging news today --- presuming voters who oppose Trump can come together.

And, after that, some less encouraging news as we're joined by Desi Doyen for our latest Green News Report...

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Washington Post called it a "fiery...two-hour free-for-all that sizzled with animosity." New York Times reported "candidates turned on one another in scorching and personal terms". Associated Press declared it a "debate night brawl" that "threatened to further muddy the party's urgent quest to defeat Presidential Donald Trump".

On today's BradCast [audio link posted below], we dive in to those murky and troubled waters to make sense --- where there is room to make it --- of the raucous Democratic Debate in Las Vegas on Wednesday night in advance of Saturday's Nevada Caucuses, next Saturday's South Carolina Primary and March 3rd's Super Tuesday Primaries in more than a dozen states just three days later.

The melee at the Paris Hotel and Casino featured VT Sen. Bernie Sanders, former Veep Joe Biden, MA Sen. Elizabeth Warren, MN Sen. Amy Klobuchar, former South Bend, IN Mayor Pete Buttigieg and, in his first-ever appearance in a 2020 Presidential debate (despite not even being on any ballot until March 3rd), former Republican NYC Mayor turned Democratic billionaire candidate Michael Bloomberg --- who did not, I think its fair to say, receive a very warm welcome from his fellow contenders.

We're joined today for special coverage of as much of the wild evening as we can fit in, by former Editor-in-Chief of Rewire.news, JODI JACOBSON and longtime activist, reporter, author and documentarian DAVID BENDER, Political Director of the Progressive Voices Network. While slightly more collegial, suffice to say our coverage of Wednesday night's forum was no less challenging at times than the debate itself on several different levels.

Jacobson: "I'm a little shocked at everybody having vapors over this. I think it's past time. For crying out loud, we're facing existential crises of so many kinds. We're facing a true threat to our democracy, which is being dismantled daily...We've got climate crises bearing down on us...And I am not clear why people don't think we should be angry and we should be fighting hard."

Bender: "What I saw last night in this debate is a very, very happy Donald Trump...As Jodi said, we're facing an existential threat to the country, and what we've got to deal with it is a circular firing squad. I've been to every convention since 1968, and let me say, this is absolutely par for the course when Democrats get to a place when they're trying to take one another out and forget that there is something much larger."

That's just the tip of our special coverage iceberg today. Hopefully, it is at least as interesting and perhaps even more enlightening than the Dems' 9th 2020 Presidential Debate last night in Vegas. We'll let you decide. Please tune in for some fascinating insight, occasionally frustrating confrontation, and a whole lot of well-informed opinion...

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We've got a lot to catch up on on today's BradCast after a long holiday weekend, as the crisis of rot and corruption inside the once-revered U.S. Dept. of Justice continues to metastasize under Donald Trump and Attorney General Bill Barr; as billionaire Michael Bloomberg buys his way into shaking up the 2020 Democratic Presidential race; as the Nevada Caucuses may be heading toward another embarrassing meltdown this weekend; and as our ongoing, literal planetary meltdown continues. [Audio link to full show is posted below.]

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

• Amid an already deepening crisis at the Justice Dept., Trump went on a "clemency spree" on Tuesday, issuing pardons to a long list of crooks, cronies and n'er do wells --- many of them personal friends of the Prez, natch --- from former Illinois Gov. Rod Blagojevich (who attempted to sell a U.S. Senate seat), to Rudy Giuliani pal and former NYPD Commission Bernie Kerik (who lied to the Dept. of Homeland Security), to the former owner of the San Francisco 49ers (who bribed a Louisiana Governor for a riverboat casino gambling license.) Those are just some of the liars, tax frauds and scam artists like Trump who received get-out-of-jail free cards today, in hopes, we surmise, that someone may do the same for Trump some day, once the law finally catches up with him. And it will;

• With the American system of justice now in full and active breach at the DoJ under Barr's corrupt leadership, the calls for his resignation have grown impossible to ignore in the wake of his unprecedented overruling of career line prosecutors' recommendations for criminal sentencing of longtime Trump confidante Roger Stone and former National Security Advisor Michael Flynn (among other wildly corrupt actions he's taken of late and since taking office last year.)

  Former Deputy Attorney General Donald Ayer, appointed by George H.W. Bush, describes "Bill Barr's America" as "a banana republic where all are subject to the whims of a dictatorial president and his henchmen," in a new Atlantic op-ed while calling for a "public uprising demanding that Bill Barr resign immediately, or failing that, be impeached."

  More than 2,000(!) former DoJ officials, both Democratic and Republican, have now signed on to a Sunday public letter declaring Trump and Barr "have openly and repeatedly flouted" the concept of equal justice in the U.S., and demanding Barr step down, citing "damage" that Barr's actions "have done to the Department of Justice's reputation for integrity and the rule of law."

  And, in the wake of all of this --- and the President's continuing Twitter attacks on the U.S. District Court Judge overseeing Roger Stone's case and upcoming sentencing --- the Federal Judges Association, a group of more than 1,000 jurists, has now called an "emergency meeting" for Wednesday to discuss related issues that, according to its President, George W. Bush-appointed U.S. District Judge Cynthia Rufe, "could not wait" until the group's spring conference scheduled for April;

• Meanwhile, the Democratic and democratic efforts to replace Trump in November's election continue apace, as Nevada Democrats address security concerns about their upcoming Saturday caucuses by switching to electronic voters! (Okay, that one's from The Onion, but still, it shouldn't be long);

• The Dominican Republic sets an example that Americans might want to pay attention to, by suspending their weekend election just a few hours after polls opened due to failed electronic voting systems. (Who could have seen that coming?);

• Billionaire Michael Bloomberg turned Presidential candidate turned self-declared reformed racist and misogynist, buys his way onto Wednesday's Democratic Presidential Debate stage in Las Vegas, even though he will not be on the ballot at Saturday's caucus there. Bloomberg, it was announced on Tuesday, will appear at the forum, after qualifying in several national polls, including a second place finish in a new NPR/PBS/Marist national poll and a virtual tie for second with Joe Biden in a new NBC News/WSJ survey. In both of those national polls, Biden has plummeted and current front-runner Bernie Sanders has taken double-digit leads over his nearest competitor;

• But, according to news reports from Washington Post, Politico and others over the weekend, the Nevada Caucuses could be a "complete disaster" mirroring Iowa's just two weeks ago. Under-trained caucus leaders, a lack of communication between the state party and the candidates' campaigns about the complicated process, and the use of an iPad "Caucus Calculator" could lead to a meltdown, many fear. If the hours-long lines at last weekend's Early Voting sites are any indication, state Dems may, once again, be in way over the heads. But we'll see;

• In slightly brighter primary news, late last week California Governor Gavin Newsom signed a last-minute bill into law that will allow Golden State voters to change party registration up to and on Election Day itself. That seemingly very smart move may help the state avoid some, if not all, of the expected confusion and potential meltdowns at their own March 3rd Super Tuesday primary in the state with the most Democratic delegates at stake (415 of them) in this year's nominating contest;

• Finally, Desi Doyen joins us for our latest Green News Report, as Antarctica breaks another stunning heat record, Mississippi gets swamped, Trump's EPA allows the return of toxic mercury even though the Obama-era regulation was a tremendous success and the utility industry doesn't even want him to, and some very big news from CNBC's Wall Street guru Jim Cramer declaring fossil fuels "over!"...

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It's NICOLE SANDLER, back in to guest host today's BradCast. We begin with an update of the latest news.

My guest is journalist ASAWIN SUEBSAENG of the Daily Beast, whose first book, Sinking in the Swamp: How Trump's Minions and Misfits Poisoned Washington is newly released and full of the kind of stories you'd expect from Donald Trump's White House.

Today is February 14. Yes, it's Valentines Day, but it's a sad day where I live. Two years ago today, a former student entered Marjory Stoneman Douglas High School in Parkland, Florida --- about 10 minutes from my home --- with an AK47, killing 17 people and seriously injuring another 17. And nothing has changed since.

And thirty years ago today, as the Voyager-1 was passing Neptune heading out of the solar system, it took the first picture of Earth from outer space. Carl Sagan wrote about it famous "Pale Blue Dot." Neil deGrasse Tyson read it, so we share it today to try to end the week on a positive note...

Download MP3 or listen online below...

And because laughter is good for the soul and especially needed these days, I shared a wonderful parody sent to me by a listener. The song played on the show today was good enough, but the video is even better. So enjoy!

On today's BradCast: Once again, Donald Trump managed to step on a big night for Democrats, with what is turning out to be an unprecedented "break-the-glass-in-case-of-fire" crisis at the U.S. Department of Justice. [Audio link to show is posted below.]

The unspeakably important fight to replace the most dangerous, unfit, authoritarian President this nation has ever seen continued on Tuesday night in New Hampshire, where a pleasantly smooth primary election resulted in a narrow win for Bernie Sanders, with Pete Buttigieg close on his heels yet again, followed by a surprise third place win for Amy Klobuchar. After double-digit percentages for those three, Elizabeth Warren came in a distant fourth, followed by an undoubtedly disappointing fifth place finish for Joe Biden.

The contest also resulted in three candidates dropping out of the race. Colorado Senator Michael Bennet hung it up, as did former MA Governor Deval Patrick (leaving no more African-Americans in the race) and previously unknown entrepreneur Andrew Yang (leaving Tulsi Gabbard, who finished a distance 7th, as the only person of color remaining in the Democratic nominating contest.) Sanders second popular vote victory in two weeks leaves him as the front-runner ahead of Nevada next week, South Carolina the week after, and Super Tuesday in more than a dozen states three days later, where voters will decide how long this contest will run, as several candidates remain more than viable after the two early outings.

We discuss, along with a reminder that all of New Hampshire voted, without apparent problem Tuesday, on hand-marked paper ballots, with citizen volunteers in some 40% of Granite State towns counting those hand-marked ballots by hand, publicly, with everybody watching, no apparent problems or delays, and results announced at each counting location upon completion. We call that Democracy's Gold Standard and thank the volunteers in those NH towns.

Unfortunately, that joyous exercise in public democracy and civic duty was marred by the quickly expanding crisis in Washington D.C. where four prosecutors running the case against Trump confidante Roger Stone, who was recently found guilty of lying to Congress and witness tampering, abruptly quit the case on Tuesday. One of them resigned from the Dept. of Justice entirely.

That stunning news on Tuesday came after a tweet from Trump, describing the sentencing recommendation as a "miscarriage of justice!", before an announcement by a senior official at DoJ that the line prosecutors' recommendation, based on federal sentencing guidelines, was "extreme and excessive and disproportionate to Stone’s offenses."

Further reporting throughout the day --- as Trump continued his Twitter tirade, even attacking the federal judge overseeing Stone's case --- revealed that it was not the only time in recent days that Trump's Attorney General Bill Barr appears to have interceded to soften sentencing recommendations for close friends of Trump found guilty of lying to federal officials during the Robert Mueller Special Counsel investigation into Russian interference in the 2016 election. NBC News reports that a recently installed Barr apparatchik also changed the DoJ prosecutors' sentencing recommendation for Trump's former National Security Advisor Michael Flynn last month. It was originally for 0 to 6 months in prison, but modified last month to nothing more than probation.

And, as all of that was unspooling, Trump pulled his nomination for a top post at the Treasury Dept. for the former U.S. Attorney for D.C., Jessie Liu. As USA, she had overseen Stone's case and a number of others related to the Mueller probe, until she was relieved of that post on the same day that the DoJ changed their sentencing recommendation for Flynn. Liu had been scheduled to answer questions in her Senate confirmation hearing on Thursday for the Treasury post, but that has been conveniently nixed with Trump's withdrawal of her nomination on Tuesday.

We're joined today to discuss these stunning --- and somewhat terrifying --- turns of event by LISA GRAVES, who previously served as Deputy Asst. U.S. Attorney General at the DoJ under Presidents Bill Clinton and George W. Bush. She is also the former Chief Counsel for Nominations in the U.S. Senate and former Deputy Chief for the U.S. Court system. So, she has quite a bit of insight into many aspects of this. She, like us, is exceedingly disturbed by what one former, longtime DoJ senior official characterized as "a shocking, cram-down political intervention in the criminal justice process," declaring that "We are now truly at a break-glass-in-case-of-fire moment for the Justice Dept."

Graves, who recently founded the new watchdog group TrueNorthResearch.org, echoes that alarm today. "This is really a crisis," she warns. "And it's hard to say that, given that we are in the midst of an ongoing crisis based on what the Republicans in the Senate did this past month and what the President is up to. This is a crisis that is really unparalleled in the modern history of the Justice Department. It's a Constitutional crisis and really an existential crisis, because this is an active assault on the rule of law in this country."

She explains that "this is an absolute, confirmed and repeated breach of the independence of the Justice Department...I'm not sure how it can be fixed, given the fact that the Justice Department has been so corrupted by this President and by his willing hand-maiden, Bill Barr." Graves cites the upcoming election as our only way out, at this point, from "this sort of behavior turning America into a banana republic", before she borrows from the Nixon impeachment proceedings to describe the ongoing events as "a cancer on the Justice Department."

She also shares her thoughts on whether she believes the DoJ itself --- with the words "The place of Justice is a hallowed place" (ironically now?) etched above its door on Pennsylvania Avenue --- can ever be fully repaired after this breach, even after Trump is no longer despoiling the White House...

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While it seemed impossible previously, Republicans in the U.S. Senate appear to have outdone their phony confirmation proceedings for Supreme Court Justice Brett Kavanaugh in late 2018, with their sham Impeachment "trial" of Donald John Trump. As we went to air for today's BradCast, the Senate was preparing to vote on whether witnesses would be blocked from a Senate Impeachment Trial for the first time in U.S. History. By the time we got off air, the shameful, dirty deed was done. [Audio link to full show is posted at end of article.]

The day of the fateful vote began with yet another explosive piece of breaking news from the New York Times, reporting that Trump's former National Security Advisor John Bolton's forthcoming book charges that "More than two months before he asked Ukraine’s president to investigate his political opponents" Trump directed Bolton "to help with his pressure campaign to extract damaging information on Democrats from Ukrainian officials, according to an unpublished manuscript by Mr. Bolton." Moreover, the paper reports, Bolton describes an Oval Office conversation on the matter in early May of 2019 "that included the acting White House chief of staff, Mick Mulvaney, the president’s personal lawyer Rudolph W. Giuliani and the White House counsel, Pat A. Cipollone, who is now leading the president’s impeachment defense."

Yes, that's right. The Trump attorney now leading his defense in the Senate trial, who has accused Democratic House Managers of "hiding the facts" in their arguments in favor of two Articles of Impeachment against Trump, is now allegedly a co-conspirator in the very plot that resulted in only the third impeachment of a U.S. President in history. Little wonder they'd prefer to have no witnesses testify.

Bolton has stated he would be willing to testify in the trial, as has Lev Parnas, a right-hand man to Rudy Giuliani, Trump's personal lawyer at the center of the scheme to pressure Ukraine to announce investigations of Joe Biden before Trump would agree to a White House meeting or release $391 million in military assistance to war torn Ukraine. On Friday morning, Parnas' attorney submitted a letter to Majority Leader Mitch McConnell, explaining his client's willingness to testify at the trial with relevant information that alleges Trump, Mulvaney, Vice President Mike Pence, Attorney General William Barr, Energy Secretary Rick Perry, Senator Lindsey Graham, Congressman Devon Nunes and many others worked on Trump's plot to force Ukraine to help him undermine the 2020 Presidential election. So, yes, as Gordon Sondland said weeks ago, "everyone was in the loop. So, yeah, no witnesses please and thanks.

Despite all of that astonishing news --- and all that has come before it --- by the end of today's program, Republicans in the U.S. Senate, by a vote of 51 to 49, would vote to block subpoenas for all witnesses and documents in the Impeachment Trial, for the first time in U.S. history. Only two Republican Senators, Susan Collins of Maine and Mitt Romney of Utah, were willing to cross the aisle to vote with all 47 Democrats to call for witnesses. We discuss the pathetic excuses offered by supposedly "moderate" GOP Senators Lisa Murkowski of Alaska and the retiring Lamar Alexander of Tennessee for voting against witnesses. That vote now paves the way for an acquittal vote for the President. One of the few remaining questions by show's end was when that vote may come. As of this hour, it may now happen next Wednesday, the day after the President's State of the Union Address on Tuesday night --- but we'll see.

Another major question of note is what price, if any, Republicans may ultimately pay for what Senate Minority Leader Chuck Schumer described after the vote as the GOP's act of "perfidy...where the Senate did not live up to its responsibilities, turned away from truth, and went along with a sham trial." With "no witnesses and no documents", he described the proceedings as "not a real trial" and "a tragedy on a grand scale."

We're joined today by DAVID FARIS, Associate Professor of Political Science at Roosevelt University, author of It's Time to Fight Dirty, to discuss today's historic events, and his two most recent columns at The Week, where he is a regular contributor. In one, he finds fault with the House Democrats' strategy of sending over the Articles to the Senate too quickly and, in the other, with McConnell's strategy of blocking witnesses. Faris describes the latter as a "rare blunder" for the Republican leader and explains why. I disagree with him on the latter, as he and I discuss what all of this may now mean for Republicans, for Democrats, for the President and for the voters who will kick off the 2020 Presidential Election in Iowa this coming Monday.

"I don't know that there's anybody who could look at the Senate this week and say that a fair trial happened here," Faris tells me. "What McConnell did was he handed Democrats a bat to beat them with for the next eleven months about the legitimacy of the trial in the Senate."

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Day two --- the final day --- of the Questions phase in the Senate Impeachment Trial of Donald John Trump was perhaps best characterized by lead House Manager Adam Schiff on Thursday, when he described the new defenses offered by the White House Counsel's team as "a descent into Constitutional madness" and "the normalization of lawlessness." Those comments were echoed by the former chair of the Federal Election Commission, who joins us on today's BradCast. She called Trump's new line of defense as "insane". [Audio link to show is posted at bottom of article.]

On Wednesday, the first day of written Questions from the U.S. Senators, as read to both legal teams by the Chief Justice of the Supreme Court, Trump's defense attorney Alan Dershowitz made an extraordinary argument: "If a President does something which he believes will help him get elected, in the public interest, that cannot be the kind of quid pro quo that results in impeachment." He went on to offer an analogy. "If a hypothetical President of the United States said to a hypothetical leader of a foreign country, 'unless you build a hotel with my name on it, and unless you give me a million dollar kickback, I will withhold the funds'." That, he said, would be an "easy case" and "purely corrupt". However, he continued, a more complex case was one where a President says: "I want to be elected. I think I'm a great President. I think I'm the greatest President there ever was and if I'm not elected the national interest will suffer greatly. That cannot be an impeachable offense."

In other words, he seemed to argue, it's just fine for a President to solicit a foreign power for help in an election (which is a violation of the law), so long as he or she believed it was in the best national interest for him or her to be elected. Dershowitz has spent a lot of time since those remarks, on Twitter and elsewhere, attempting to defend himself by saying that he did not say what he said. But he absolutely did say it, and so we share audio of some of his extended argument saying as much today, so you can hear it for yourself.

It wasn't the only way in which Trump's team of defense counselors moved the goal posts to accommodate his well-documented Abuse of Power, the basis for the first Article of Impeachment against him. Deputy White House Counsel Patrick Philbin on Wednesday astonishingly charged that "mere information" about a political opponent, even from a foreign source, "is not something that would violate the campaign finance laws."

“Apparently it’s okay for the President to get information from foreign governments in an election," House Impeachment Manager Zoe Lofgren responded with alarm. The California Democrat who worked on the Judiciary Committee during the Nixon Impeachment added, "That's news to me!" The new lines of argument from the President's team is what led Schiff to charge Trump's defense has become "a descent into Constitutional madness," adding "that way madness lies," before citing a similar, then-rejected defense from Richard Nixon who claimed "when a President does it, it's not illegal," before he eventually resigned the Presidency in disgrace. "Have we learned nothing in the last half century?," asked Schiff in response to Dershowitz today.

We share all of those assertions and counter-assertions today, before we turn to someone with no small amount of authority on all of this, ANN RAVEL, who served four years on the Federal Election Commission and as its Chair for two years before leaving her post in 2017. Prior to that, she chaired a similar state commission overseeing campaign finance matters in California.

"There are so many things wrong with [Dershowitz'] argument it's hard to know where to start," she tells me, charging that the claim that a quid pro quo is "somehow justified because it's important for the nation is ridiculous. It would be like saying, for any elected public official, that because it's so important for them to be re-elected that they can commit any criminal act. That's not what the framers of the Constitution intended with regard to the Presidency, and it's exactly why they have the laws relating to impeachment procedures."

"The law does not have an exception for people who think they are so important, that their worth is necessary for the whole country and therefore they can act with illegality and with impunity," she opines, before similarly torching Philbin's argument that there is nothing unlawful about soliciting a thing of value from a foreign power --- an express violation of campaign finance law.

Ravel, who is currently running for office herself in the California State Senate, laments the fact that "there is no FEC in existence now" with only three members currently seated on the six-person panel, and at least four required for a quorum to vote on enforcement of federal law. Similarly, she warns that Trump's Attorney General Bill Barr, responsible for overseeing criminal violations of campaign finance regulations, "is not acting as an Attorney General who would act with integrity to enforce the laws fairly and evenly. Instead, he seems to be biased in favor of assuring that he supports this President, so he remains in office I presume. As a result, we do not have any enforcement whatsoever of campaign finance laws."

Ravel offers alarming insight and a grim assessment as voting in the critical 2020 Presidential election begins just days from now in Iowa. "This is like sending a flare up indicating it's open season for illegality in our electoral process," she warns, along with many other thoughts, including on what she has come to learn about elections now that she is on the other side of the issue as a candidate herself. Running for office, Ravel tells me, has led her to be believe that "more constraints" are needed on electoral campaign finance, not less. She would like to see publicly financed elections in the future.

Finally today, we're joined by Desi Doyen for our latest Green News Report, with a few encouraging signs (though not nearly enough) on how some institutions are attempting to step up and deal with our worsening climate crisis, both in the U.S. and around the globe...

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On today's BradCast: The President's defense team picked up on Monday where they left off on Saturday in their Opening (and potentially Closing) Argument in the Senate Impeachment Trial of Donald John Trump. But that defense was hit with a major bombshell by the New York Times on Sunday which could (emphasis on "could") turn out to be a game-changer for the previously expected course of this trial. [Audio link to program is posted at the end of this summary.]

But first, and before we eventually open the phones today, a few updates on the tragic Sunday death of Los Angeles Lakers' legend and NBC icon Kobe Bryant, who was killed along with his 13-year old daughter and seven others during a helicopter ride on a very foggy day just outside of L.A. While the shocking death of the 41-year old Bryant has reverberated around the globe, the pain of his loss was particularly acute here in Los Angeles yesterday.

In other Los Angeles news with national implications, we've got a bit more information on Friday's "conditional certification" [PDF] by CA Sec. of State Alex Padilla of L.A. County's new, 100% unverifiable touchscreen voting system set for first-time use in the upcoming March 3rd Super Tuesday Presidential primaries. Among the updates, we've got a bit more information on the so-called "hand-marked paper ballot" that Padiila has ordered be made available at Voting Centers "for any voter that requests to cast" one. It will, according to the Secretary's mandate, be a "write-in absentee ballot," modeled on the Federal Voting Assistance Program's federal write-in absentee ballot [PDF] --- meant as a ballot of last resort for overseas voters who do not receive a normal absentee ballot in time to cast a vote --- that requires voters to write in all of the names of the offices and candidates for which they would like to vote. As much confusion and chaos as L.A. County's new, $300,000,000 "Voting Solutions for All People" or VSAP voting system is likely to cause at the polls this year, the provision for a second-rate, hand-marked "write-in ballot" as the only means for casting a hand-marked ballot at the polling place, is likely to make things even more chaotic. We detail that, and a few other points related to the certification of the new system on Friday, despite a newly filed lawsuit and warnings from cybersecurity and voting systems experts after its failure to meet more than 40 California Voting System Standards, according to the independent testers hired to analyze the system during Padilla's certification process.

Next it's on to the President's lawyers' case being presented once again as we went to air today, in the U.S. Senate, where Ken Starr (yes, that Ken Starr, the Special Prosecutor who recommended impeachment against Bill Clinton for lying about an affair) argued hypocritically that Trump could not Constitutionally be impeached for Abuse of Power (Article 1 of the two Impeachment Articles against him), even though Starr's own recent book on impeachment explains that Abuse of Power was the capstone of Clinton's impeachment case in 1998. That, and his argument that impeachment was just too divisive to put the country through without a bi-partisan political consensus was a bit hard to stomach for those of us old enough to remember the Clinton impeachment.

But the most noteworthy Impeachment-related news today is John Bolton, Trump's former National Security Advisor, reportedly charging in a manuscript of his new book, according to the New York Times, that Trump was directly involved in the unlawful freeze of $391 million allocated to Ukrainian for military assistance, unless the Ukrainians agreed to turn over documents related to an investigation of Joe Biden meant to help Trump's 2020 reelection changes. That alleged Abuse of Power is at the heart of Trump's impeachment, and the manuscript of Bolton's forthcoming book reportedly charges that Attorney General Bill Barr, Sec. of State Mike Pompeo and Trump's Chief of Staff Mick Mulvaney were all directly aware of the scheme, according to the Times blockbuster report.

That explosive news on Sunday has, according to several different news outlets, led a number of key GOP Senators to rethink their previous votes against calling for new witnesses and documents in the Senate Trial. Will four or more Republican Senators now agree to vote in favor of subpoenaing Bolton and other related (and/or unrelated) witnesses? That appears to be the question of the moment in this matter as we go to air today, and one we open up to discuss with callers near the end of today's program...

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Really just blockbusters and bombshells from top to bottom on today's BradCast. From historic impeachment proceedings to game-changing disclosures to potentially big legal trouble for L.A.'s imperiled new touchscreen voting system. [Link to complete show is posted below summary.]

First up, the historic Impeach Trial of Donald John Trump got officially under way in the U.S. Senate today, with a solemn oath-taking ceremony administered by Chief Justice of the U.S. Supreme Court John Roberts who will preside over the trial that could determine whether Trump remains President of the United States.

But before we even got there on Thursday, the non-partisan Government Accountability Office (GAO) came out with its finding that the Trump Administration did, indeed, violate federal law last year when it withheld hundreds of millions of dollars in aid to Ukraine as appropriated by a bipartisan vote of Congress. "Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law," the decision says, finding that the White House Office of Management and Budget (OMB) "withheld funds for a policy reason, which is not permitted under the Impoundment Control Act." That matter is at the heart of Trump's impeachment.

But before the GAO findings were released on Thursday morning, or Senators could take their oath to do "impartial justice" as jurors on Thursday afternoon as the impeachment trial began, Rachel Maddow's Wednesday night blockbuster interview on MSNBC with Lev Parnas, the Soviet-born right-hand man to Trump's personal attorney Rudy Giuliani, shook up just about everything and everybody. Parnas, facing charges of campaign finance violations, sung --- and sung like crazy. On everybody. "Everybody was in the loop," he said.

He claimed Donald Trump knew from the jump about the scheme to strong-arm Ukraine to announce an investigation of Joe Biden to help his 2020 reelection bid. So did Vice President Mike Pence, former National Security Advisor John Bolton, Secretary of State Mike Pompeo, Congressman Devin Nunes and even Attorney General William Barr. We share a few clips from Maddow's jaw-dropping scoop of an interview --- with a recommendation that you go check out the whole thing (which is set to have a Part 2 on Thursday night), before we move on to a few blockbusters and bombshells closer to home out here on the west coast.

Earlier in the week, we broke exclusive details on the pending certification of a brand-new, $300,000,000 unverifiable touchscreen voting system set for first time use in Los Angeles County --- the nation's largest --- in this year's March 3rd Super Tuesday primary elections. As we reported, independent testers hired by the Sec. of State's office to carry out certification testing of the new systems discovered more than 40 violations of California Voting System Standards as the Public Comment period for certification of the County's "Voting Solutions for All People" or VSAP system ends this coming Monday. Given the enormous problems with the system set for use in the critical 2020 Presidential election, we have been urging voters to send public comments seeking a HAND-MARK paper ballot system instead of the failed, unverifiable new touchscreen systems, to the Sec. of State at VotingSystems@sos.ca.gov.

All the while, L.A. County Registrar-Recorder/County Clerk Dean Logan has refused, for months, to respond to our serious questions about the systems or appear on the show. Well, we've got some new news today on all of that, including a potential lawsuit by the City of Beverly Hills, whose City Council, according to LAist's Libby Denkmann, has voted to approve a suit after discovering the effects of a serious design flaw in the system. The new VSAP tablets only display four candidates per race, before a voter must select a "MORE" button to be taken to a second page. That "MORE" button is right next to the "NEXT" button on the tablet voting system. And that "NEXT" button, takes voters to the next race on the ballot without voters ever even seeing the additional candidates in the race. This is a very serious flaw that is likely to cause havoc for candidates whose random positions on the ballot come as Number 5 or higher in any given race, including in the upcoming Presidential primaries. (If I'm Dean Logan today, I am praying that Bernie Sanders doesn't draw the fifth or later position on the March 3rd Democratic ballot!)

That matter is just one of several that Logan has either refused to speak to or has mislead on when I questioned him, or tried to, as I detail on today's program. But, given the noise we've caused over the past several days with this on The BradCast, Logan finally deigned to offer a Twittered response, excoriating our coverage of the certification testing failures. We share his misleading response in full on today's program, along with a number of the serious points that he either failed to respond to at all, or is attempting to mislead the public about in his tweeted answers. (For example, the fact that after a computer-marked ballot has been supposedly "verified" by the voter, it is sent back through the same printer path where it could be changed by the system with no way for the voter to ever know.)

Finally today, as if that's not enough blockbusters for you, Desi Doyen joins us for the latest Green News Report with our special coverage of Tuesday night's 2020 Democratic Presidential Debate in Des Moines, the last one before voting begins next month, and one in which our climate crisis, at long last, was front and center throughout much of the forum, happily enough...

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It's NICOLE SANDLER again, your trusty guest host for another edition of the BradCast.

With so much happening each day we begin with a look at the latest news, including today's Senate Judiciary Committee hearing on the DOJ Inspector General's report on the Russia probe, another mass shooting, a courageous chief of police, and the latest example of blatant anti-Semitism from the President under the guise of fighting anti-Semitism.

We have two guests today. First up, LORI WALLACH, founder and director of Public Citizen's Global Trade Watch who gives us the scoop on the USMCA (or NAFTA 2.0) that the Democrats agreed to on Wednesday. Next, we turn to the UK, where tomorrow voters go to the polls yet again. American ex-pat DENIS CAMPBELL fills us in on the political climate across the pond...

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It’s NICOLE SANDLER, guest hosting the BradCast again today.

December 10, 2019 is the day that the Democratic-led House of Representatives introduced two Articles of Impeachment for Donald Trump on Abuse of Power and Obstruction of Congress. They're linked there for you to read for yourself, or just click the play button and listen to the show, as I read them for you.

The Democrats played a game of whiplash today as, an hour after introducing the Articles of Impeachment, Pelosi led a press conference to announce that they’ve reached a deal with the Trump administration to pass the NAFTA replacement known as the USMCA. From impeaching the President to giving him one of the biggest legislative victories of his term. Go figure.

We also cover the disconnect between the DOJ’s Inspector General’s report released yesterday and Attorney General Bill Barr’s gaslighting the nation over what it says. And lots more…

We changed the subject for today's interview with RAMESH SRINIVASAN, author of a new book, Beyond the Valley: How Innovators around the World Are Overcoming Inequality and Creating the Technologies of Tomorrow, which is basically an in-depth look into the internet and how it’s fundamentally changed our lives during its short existence.

We finish up with a new episode of Desi and Brad's Green News Report.

Whew. I can’t wait to see what tomorrow brings. On second thought…

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

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

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

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

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

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On today's BradCast: We're at the point in the ongoing impeachment inquiry of Donald J. Trump when the facts against him have become so damning that he and his supporters in Congress are pretty much just tossing everything they can against the wall to see what, if anything sticks. [Audio link to show is posted below.]

But first today, some long-overdue very good news out of North Carolina, where a three-judge state court panel has determined the state's Republican-drawn Congressional maps to be an "extreme partisan gerrymander" and has ordered new maps before the 2020 elections. The court went so far as to state that no more Congressional elections may be run on the current maps, and if new ones aren't drawn in time for next year's March 3 primary election, the judges --- two Democrats and a Republican --- will postpone the primaries until they do.

The news is long-overdue, though hardly a surprise. North Carolina is the most divided of swing states, but the GOP-skewed maps have resulted in 3 Democrats and 10 Republicans in the state's Congressional delegation for the past decade. A federal appeals court already ruled the same map to be an unconstitutional partisan gerrymander and ordered a new one drawn. But that ruling was ultimately over-ruled by the stolen Republican majority on the U.S. Supreme Court earlier this year, when they declared in a 5 to 4 opinion that federal courts may not hear partisan gerrymandering cases. Only state courts may now do so, and now North Carolina's state court has done so. The same court ruled last month that the state's legislative districts were also drawn in violation of the state constitution and ordered new maps there as well.

Meanwhile, speaking of Congress, a White House national security official and decorated Iraq War vet offered startling testimony to House impeachment investigators on Tuesday, regarding Trump's scheme to withhold nearly $400 million in military assistance to Ukraine unless the nation's President promised to investigate Joe Biden in advance of the 2020 election. Lt. Col. Alexander Vindman serves as the top Ukraine expert on the White House's National Security Council (NSC) and is the first official to testify in the impeachment matter who actually listened live to Trump's infamous July 25 "I need a favor though" phone call with Ukrainian President Volodmyr Zelensky.

According to Vindman's prepared opening statement obtained by the New York Times, the veteran Army officer and longtime civil servant was so alarmed by Trump's strong-arm tactics and withholding of military aid that, out of a "sense of duty", he alerted the top lawyer at the NSC --- twice --- in order to register internal objections about the policy, which he feared would "undermine national security."

"I am a patriot,” Vindman says in his testimony, "and it is my sacred duty and honor to advance and defend our country irrespective of party or politics." Since news of his testimony broke on Monday night, rightwing media have been attacking the Purple Heart winner who was wounded by an IED in Iraq, as a traitor who must be working for Joe Biden or George Soros or Ukraine, after he fled the then Soviet-controlled country as a 3-year old with his parents in 1979.

Next, were joined by former Asst. U.S. Attorney turned George Washington University Law School professor RANDALL ELIASON to discuss the Republicans' continuing, nonsensical whining that the impeachment inquiry lacks "due process" for the President. Though each of their arguments toward that end have been dismantled by both facts and federal courts in recent days, they are still making the case which Eliason describes as "nonsense" in his latest Washington Post op-ed.

He explains why on today's program, noting the old "saying in Washington, that if you're arguing about process then you're losing," adding: "I think that's certainly the case here." Eliason, a longtime expert in white collar crime, government fraud and federal criminal law, responds to a number of different allegations being offered by Trump and his defenders, including the specious claim that there is no crime at the heart of Trump's quid pro quo pressure campaign against Ukraine.

He also offers his thoughts on the recent news --- and "incredibly suspicious" timing behind it --- that Trump's Attorney General Bill Barr has elevated the Dept. of Justice's probe into the origins of the 2016 investigation into Russian election meddling into a criminal investigation of some sort.

Finally, Desi Doyen joins us for the latest Green News Report on California's wind-drive wildfires, Massachusetts' new climate fraud lawsuit against Exxon Mobil, and Trump's new plan to steal Syria's oil in violation of international law. Also, as we close, late news and a few thoughts on the nation's largest private coal company, Murray Energy, declaring bankruptcy protection today. So much for Trump's promise to save the dirty coal industry. Now, what about the company's long-serving coal miners who may very well lose their pensions and health care under Trump-supporter Robert Murray's scheme to restructure his dying company?...

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

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

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

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

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

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

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