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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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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'...

Download MP3 or listen online below...

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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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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!...

Download MP3 or listen online below...

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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...

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

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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...

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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?...

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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...

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Dems call for Trump A.G.'s resignation, impeachment, may cite with contempt; Also: Hillary, Trump FBI chief warn of 2020 election theft...
By Brad Friedman on 5/2/2019 5:59pm PT  

On today's BradCast: Following a shameful performance in the Senate Judiciary Committee on Wednesday, Trump's Attorney General (and personal fixer) William Barr failed to even show up for his testimony in the House Judiciary Committee on Thursday, as calls for his resignation increase and as both Trump's FBI Director Christopher Wray and Hillary Clinton issue similarly warnings about the possibility of a stolen election in 2020. [Audio link to show is posted below.]

While some so-called "moderate" Democrats are only now having second thoughts about having voted for the confirmation of Trump's new A.G. following revelations this week of a letter from Special Counsel Robert Mueller to Barr complaining that he had misrepresented the Special Counsel's two-year report to the American people, other Democrats, including many running for the 2020 Presidential nomination are calling for Barr to step down. When even Chris Wallace of Fox "News" calls out a Republican --- and the "opinion people who appear on this network, who may be pushing a political agenda" --- you know that Republican must have done something very bad.

At a press conference today, House Speaker Nancy Pelosi described Barr's sworn Congressional testimony in early April as a crime, citing his statements that he had no idea how Mueller and his team felt about the 4-page letter Barr had released, inappropriately clearing Donald Trump of obstruction of justice, despite the probe detailing at least 10 instances when the President appears to have done just that. "What is deadly serious is that the attorney general of the United States of America was not telling the truth to the Congress of the United States. That’s a crime," Pelosi asserted, adding: "If anybody else did that, it would be considered a crime. Nobody is above the law, not President of the United States and not the Attorney General."

At the same time, Barr failed to show up for a hearing in the House Judiciary Committee today, after previously agreeing to testify. He changed his mind after facing tough questions at yesterday Senate Hearing, while citing the House panel's decision to allow staff counsel to ask questions as the reason for bowing out. The Committee's Chair Rep. Jerrold Nadler, during his opening remarks before Barr's empty witness chair, slammed the A.G. for a "lack of candor" and of having "misrepresented the findings of the Special Counsel." Nadler accused him of "failing to check the President's worst instinct", for having "failed to protect the Special Counsel's investigation from unfair political attacks", for having "failed the men and women of the Department of Justice", adding that "he has even failed to show up today." Democratic members of the panel mocked Barr's absence by munching on KFC and placing a toy plastic chicken in front of his witness name tag. While he didn't yet move to hold the nation's top cop in contempt of Congress, he suggested that may happen soon.

As we wait for Democrats to take real action to hold either Barr or Trump accountable, on MSNBC's Rachel Maddow Show Wednesday night, the 2016 Democratic Presidential nominee Hillary Clinton warned that "unless we know how to protect our election from what happened before and what could happen again," even the very best Democratic candidate could lose in 2020, due to the ongoing threat of foreign interference.

The former Democratic Senator and Secretary of State's comments echoed those recently offered by Trump's own FBI chief Christopher Wray. Last week, during comments at the Council of Foreign Relations, Wray claimed "enormous strides have been made since 2016 by all the different federal agencies, state and local election officials" and others," but said he is viewing whatever happened in 2018 as a "dress rehearsal" for "the big show in 2020".

We explain what both Clinton and Wray got right and wrong in their warnings and how, despite Clinton's stated concern that she might "scare" people with her language, voters should, in fact, be very worried about 2020, as jurisdictions around the nation are being allowed to implement new systems in advance of the next Presidential election that are even more difficult for the public to oversee (and thus, prevent manipulation) than many of the voting and tabulation systems they are replacing.

Finally, Desi Doyen joins us for the latest Green News Report with details on new climate action plans from Presidential hopefuls Beto O'Rourke and Cory Booker, some good news from voters regarding climate concerns, bad climate change news for Jakarta and Washington D.C., and some good news for residents of New York State...

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Guest: NC writer, activist Tom Sullivan on today's hearing, yesterday's shooting at UNC Charlotte, upcoming U.S. House elections in NC-3 and NC-9, and on pushing back against the 'campaign-industrial complex'...
By Brad Friedman on 5/1/2019 6:36pm PT  

Despite our best efforts, on today's BradCast, we are unable to avoid the vortex of testimony by Donald Trump's newly-appointed and already-dishonest Attorney General William Barr in the U.S. Senate Judiciary Committee today. [Audio link to full show is posted below.]

What made the testimony of the President's cover-up man impossible to ignore (as much as we had previously hoped to) was the overnight release of a letter from Special Counsel Robert Mueller [PDF] sent to Barr just days after the A.G. released his misleading four-page letter to Congress in late March, mischaracterizing the findings of the Special Counsel's two-year probe into alleged Russian interference in the 2016 Presidential election, Team Trump's coordination with the effort, and the President's repeated attempts to obstruct the investigations into those matters.

In his letter, Mueller charged the A.G.'s summary --- sent to Congress nearly a full month before Barr finally released a redacted version of the Special Counsel's report [PDF] to the public --- "did not fully capture the context, nature, and substance of this Office's work and conclusions." That, Mueller wrote, led to "public confusion about critical aspects of the results of our investigation" and "threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations." In his summary letter, Barr took it upon himself to clear Trump of obstruction charges even though Mueller's report specifically said it was unable to exonerate the President, finding at least 10 different instances in which Trump had attempted to stymie the investigation. Barr also mischaracterized the report's findings on "collusion" with Russia.

The revelation of Mueller's extraordinary complaints (which Barr described as "snitty" today) came after previous sworn testimony by the new A.G. in early April, in both the House and Senate, in which he misled members of both chambers regarding Mueller's concerns about Barr's inaccurate conclusions about the Special Counsel's findings. We share some experts from today's hearing in which Sen. Mazie Hirono (D-HI) charges Barr with lying to Congress and calls for his resignation, Sen. Dick Durbin (D-IL) calls out Republican colleagues for ignoring the matter in favor of calls to investigate Hillary Clinton's email server again, and Sen. Kamala Harris (D-CA) calls out of the A.G. for making his decisions about the case without, as he admitted, reviewing the evidence.

We're then joined today by North Carolina writer and activist TOM SULLIVAN, a daily correspondent for Digby's Hullabaloo and longtime progressive organizer in the Tar Heel state. Even though it's not why we had originally hoped to speak with Sullivan today, we get his thoughts on what to make of Barr's "stunning performance," as he describes it, and how Congressional Democrats should now respond, with impeachment seeming more and more inevitable each day despite continuing reticence from Democratic Congressional leadership.

As Sullivan is based in North Carolina, we also discuss the latest news from yesterday's mass shooting at UNC Charlotte, where a gunman killed two and injuried four others on the semester's final day of classes.

As well, U.S. House special election primaries were held in the state's 3rd Congressional District on Tuesday to fill the seat of the late GOP Rep. Walter Jones who died in February, and there is also a do-over election for the 9th Congressional District in a few months to fill the seat left vacant after the State Board of Elections refused to certify last November's contest upon discovery of a GOP Absentee Ballot Fraud scheme that tainted the race.

We briefly discuss both of those contests and Sullivan's "For The Win" nuts-and-bolts training guide for countywide Get Out The Vote operations in NC. He describes the manual as having been successfully used to organize Democrats in counties all over the country. (Request a copy for use in your own home town via email at tom.bluecentury at gmail).

And, finally, one of the points we'd originally hoped to discuss with Sullivan (but will have to dive in deeper on another day, given all the breaking news that shuffled things for us today), we get his thoughts on the still roiling internecine battles between progressive activists and the conservative Democratic Congressional Campaign Committee (DCCC) --- which has led to a new boycott campaign by a nationwide coalition of College Democrats. He offers his thoughts on "the campaign-industrial complex that exists in Washington, as well as in the state capitals," and what progressives may wish to do about it...

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New study finds rich guys lie the most; WaPo finds Trump lies constantly; CNN finds Mueller found Trump and associates lied like crazy; Legal experts find Team Trump learned nothing from 'Russia-gate'; Trump and Barr find out if they can obstruct Congress; And many other findings...
By Brad Friedman on 4/30/2019 6:47pm PT  

Why tell the truth and follow the rule of law when BS'ing and obstructing truth and justice (and Congress) now appear to be a far more successful way to get ahead in life...and in the Presidency of the United States? As Donald Trump recently reached a new milestone of having told more than 10,000 lies while in office, according to Washington Post's fact-checker database, these are among the related stories covered on today's BradCast. [Audio link is posted below]...

  • A fascinating new study finds that wealthy men are more likely than women and those of lesser means to simply make stuff up. That's right, lying appears to work for many, and is carried out far more frequently in North America than in other English speaking countries around the world. Or, as WaPo's headline summarizes the academic survey: "Rich guys are most likely to have no idea what they're talking about, study suggests". (Though, as you'll also learn, both Desi and Canada should be ashamed of themselves);
  • That may also help us understand today who our President is and why he and his supporters do what they do, as a new CNN analysis catalogs 77 different "lies and falsehoods" by Trump and his associates, documented in Robert Mueller's redacted Special Counsel report. The lies were told by Trump, his "campaign staff, administration officials and family, Republican backers and his associates" who all "made false assertions to the public, Congress, or authorities," according to the analysis. While a handful of those lies were prosecuted as crimes (for example, some of those told to the FBI by Trump's former National Security Adviser Michael Flynn and to Congress by his former personal lawyer Michael Cohen), most went unprosecuted for varying reasons, including the fact that lying to the public and the press is not a crime, even when the White House does it, repeatedly, apparently. Among the many lies cataloged, a plurality of which were told by the President himself, many concerned his dealings with Russia and those of campaign staff and administration officials;
  • Speaking of which, in March, Trump's 2020 Campaign Manager Brad Parscale flew to Romania to deliver a paid speech to Romanian politicians and policy experts, raising questions among U.S. legal experts about conflicts of interest and whether Team Trump has learned anything after their extensive dealings with Russia during the 2016 campaign. They paid little price for that, however, so why worry about a Trump/Romania Special Counsel investigation now?;
  • Mid-show today we covered some breaking news regarding today's U.S. support for a military coup being called for by Valenzuela's opposition leader and self-declared "President" Juan Guaido, and claims by U.S. Sec. of State Mike Pompeo that the nation's actual President Nicolas Maduro was preparing to leave the country in response. At the last minute, however, according to Pompeo, Maduro was talked out of it by Russia. But, of course, our Sec. of State is a huge and very successful liar as well, so there's no particular reason to believe any of his assertions regarding the attempted U.S. overthrow of Venezuela today;
  • In other breaking news, a federal judge today determined that a lawsuit filed by some 200 Congressional Democrats against Donald Trump charging he is in violation of the Constitutional Emoluments clause may move ahead, allowing plaintiffs to gain access to information about Trump's private business dealings;
  • And, in related news, Trump's private attorneys on Monday night filed a lawsuit on behalf of him, his company and his children's behalf against Deutsche Bank and Capital One in hopes of forcing them to not respond to lawful subpoenas for Trump financial documents as issued by a number of Congressional committees. Normally we'd say "good luck with that", but for Trump's stolen Supreme Court majority who have proven themselves capable of doing anything on his behalf at this point;
  • The obstruction also continued today by Trump's Attorney General William Barr, who, the Justice Department has said, still plans to appear before the Republican-majority Senate Judiciary Committee on Wednesday to give testimony regarding the Mueller Report, but that he is objecting to a planned appearance before the Democratically-run House Judiciary Committee on Thursday, where members may allow counsel from both the majority and minority to question Barr during the scheduled testimony. House Judiciary Chair Jerrold Nadler asserts it's not up to Barr to determine who gets to question him or how the hearing is to be carried out, suggesting he may ultimately need to subpoena the A.G. to force his testimony. But if Barr defies that subpoena, as other Administration officials have been ordered by Trump in recent days, then what? Who would enforce a Contempt of Congress citation against the nation's top law enforcement official? And how would it even be done? Well, there is a House Sergeant-at-Arms and, reportedly, a jail in the basement of the Capitol Building. We discuss;
  • Finally, Desi Doyen joins us for our latest Green News Report, on the back-to-back devastating cyclones in Mozambique, a delay to the Interior Department's plan to expand off-shore drilling, air pollution getting worse under Donald Trump, and voter support for a Green New Deal in Spain's recent elections...

Yes. All of that. In under one hour. Somehow. You're welcome...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Heather Digby Parton of Salon and Digby's Hullabaloo...
By Brad Friedman on 4/19/2019 6:06pm PT  

On today's BradCast: It looks like Trump Attorney General William Barr's willingness to beclown himself to the level of Donald Trump didn't help much in protecting the President against his own clearly criminal and impeachable behavior as detailed by even the redacted version of Special Counsel Robert Mueller's long-awaited report. And Democrats in both the House and even the Senate are finally beginning to use the "i"-word they should have invoked long ago. [Audio link to show follows below.]

Barr's willingness to offer Trumpian lies to the American people about what the report actually says and doesn't was swell until the American people were actually allowed to read it. Trump's repeated and now well-documented attempts at criminal obstruction of justice by trying to shutdown or otherwise derail the Special Counsel's probe is now detailed for all to see, as of Thursday public release of the redacted 448-page report [PDF].

They are also now able to read Mueller's clarion call, also detailed in the report, for Congress to take up the matter as per their Constitutional duty to serve as the only real check on a lawless President. House Judiciary Chair Jerry Nadler (D-NY) has now subpoenaed the Dept. of Justice for the full, unredacted version of the report and its underlying evidence, and has called for both Barr and Mueller himself to testify to Congress in the coming weeks. At the same time, more House members are now calling for impeachment to get under way after, as Rep. Alexandria Ocasio-Cortez (D-NY) notes: "Mueller’s report is clear in pointing to Congress’ responsibility in investigating obstruction of justice by the President" and "squarely puts this on our doorstep."

"While I understand the political reality of the Senate + election considerations," she Tweeted, "upon reading this DoJ report, which explicitly names Congress in determining obstruction, I cannot see a reason for us to abdicate from our constitutionally mandated responsibility to investigate."

For his part, after falsely hailing the report as a "total and complete exoneration" before it was publicly released, Donald Trump (who probably, ya know, should have bothered to read it first) returned to angry form as of Friday morning, railing profanely and incoherently against the report, the respected federal prosecutors and Republican former FBI Director who wrote it after a meticulous two-year process, and against his own top level staffers who are revealed in the report as the best witnesses to Trump's various impeachable high crimes and misdemeanors.

We're joined today by award-winning opinion and analysis journalist HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo for her insight into the report itself --- which she describes as a "roadmap for impeachment" --- and its fallout today as even several Presidential candidates are now joining the growing calls for impeachment proceedings to begin in the U.S. House.

Among the many topics of our lively discussion: Bill Barr's BS; Mueller's reasoning for choosing to not prosecute while passing the ball firmly to Congress to pick up instead; Why Don Jr. wasn't charged (but should have been); Whether the long-standing DoJ guidance prohibiting sitting Presidents from being indicted makes any sense, either legally, Constitutionally or politically; and whether Democrats in the House and Senate (not to mention Republicans there) will find the backbone to do the right thing and hold Trump accountable as per their Constitutional responsibilities, or whether they'll continue to pull punches as they have for so many years. That, as we also discuss, is precisely what has allowed dangerously criminal and unfit clowns like Donald Trump to ascend to the Presidency in the first place.

"If we care about the Constitution, and we care about the democracy, you can't just let this kind of stuff go." Parton argues. "Even if they can't get the Republicans [in the Senate] to convict, I think that they have to do it anyway. It's the right thing to do. They have to lay out the case."

"Most Americans are not going to read that report like I just did. They're just going to hear snippets of it. But if they do impeachment hearings, in which they establish this narrative out there for all Americans to see, and to hear it in their own words --- from Robert Mueller to Don McGahn, to Hope Hicks, to everyone of them --- and hear what they have to say, to describe what happened, I think that's important for the record. It's important for the voters to have that as they go to the voting booth, whether Trump is convicted or not."

In case you're wondering, the phone number to reach your member of Congress is 202-224-3121. I bet they'd like to hear from you...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Zero Hour's Richard Eskow, Comm. to Investigate Russia's Jacki Schechner...
By Brad Friedman on 4/18/2019 6:05pm PT  

On today's BradCast: It should come as little surprise that Donald Trump's newly-appointed Attorney General William Bar has gone out of his way to obstruct justice in his attempt to misdirect from the repeated obstruction of justice painstakingly detailed by Special Counsel Robert Mueller's 448-page report [PDF]. Still, it's remarkable to see in action, as the nation did first thing this morning at his bizarre press conference before the report was even released. [Audio link to show is posted below.]

But, even in the redacted version, as Barr finally allowed the public to see it today, Trump's many attempts to shut down or obstruct the Special Counsel probe are more than clear. That, after Barr delayed the report's release to the public for nearly a month and offered an astonishing --- if dishonest and ham-fisted --- bit of sleight-of-hand at his morning presser an hour before anyone was allowed to see the two-volume report on Russian interference in the 2016 Presidential election and the President's attempts to frustrate the FBI's investigation of it, as well as the Special Counsel's probe that began after Trump fired FBI Director James Comey for the corrupt intent cited in the report.

We're joined for special coverage analysis today as we all slog through Mueller's findings, by journalists RICHARD ESKOW, columnist and host of the weekly The Zero Hour radio and TV program, and JACKI SCHECHNER, Editor-in-Chief of the Committee to Investigate Russia.

There is lots to try and make sense of as we finally get a first look at the culmination of Mueller's two-year effort, detailing various coordination --- knowing and otherwise --- with Russia's efforts to manipulate the 2016 campaign and the President of the United States' repeated attempts to, yes, obstruct the probe into his own obstruction of justice in the wake of firing Comey and the naming of Special Counsel Mueller.

"He is a total hack," Schechner says about Barr and his repeated references to "no collusion" (which Mueller never argues in his report), while he ignored the serious obstruction evidence detailed by Mueller. "This was not an impartial Attorney General who stood up for the rule of law, to work for the American public. This was a man who is operating in a spokesperson capacity for the President of the United States. It's an embarrassment to the office."

Eskow agreed. "It should have been clear to people, as soon as the timing of these relative events was announced, that we were going to get a pre-release spin rather than a serious talk from the nation's chief law enforcement officer," he argues. "It's classic misdirection."

On the substance of the actual report, there is much more to say. The report cites DoJ guidelines finding that sitting Presidents cannot be indicted, as to why the Special Counsel avoided making judgments about whether Trump obstructed justice. As Mueller notes, however, "if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment."

"The obstruction of justice case is extraordinarily compelling," says Eskow, who has been responsibly skeptical about many claims in the Trump/Russia saga over the past two years. "They say it's not the crime, it's the coverup. The big change for me to today was seeing, in one place, the unimpeachability, seemingly, of the evidence pointing to obstruction of justice. [It] suggests to me that Congress should act immediately to do something about it."

We go on to discuss what may happen next, as House Judiciary Chair Jerry Nadler (D-NY) announces plans to subpoena the Department of Justice for the full, unredacted report and its underlying evidence, and as calls for the impeachment of Donald J. Trump should be ramping up, given the remarkable revelations of Trump's corruption detailed by Mueller.

As Trump himself reportedly said after learning that Mueller had been named as special counsel, according to the report: "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."

Finally, if you need a break from all of this today, we close with Desi Doyen and our latest Green News Report, because the existential threat of our growing climate crisis always lightens things up!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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