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Also: Is Biden playing 3-D chess with Repubs on the Debt Ceiling?...
By Brad Friedman on 5/25/2023 6:55pm PT  

The only good day in court this week for rightwing extremist yutzes was at the U.S. Supreme Court today, unfortunately. Other than that, as detailed on today's BradCast, it's not going well for them. [Audio link to full show follows this summary.]

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

  • Last year, the corrupted, far-right, activist extremists on the U.S. Supreme Court tossed out precedent and ignored the text of federal law to gut the EPA's ability to regulate carbon pollution under the Clean Air Act. Today, those same corrupted yutzes gutted the EPA's ability to regulate pollution of our wetlands under the Clean Water Act. Once again legislating from the bench, Justice Sam Alito was even opposed on this matter by Justice Brett Kavanaugh who accused the majority of rewriting federal law and undermining the original intent of Congress.
  • 58-year old Oath Keepers founder, one-time BradCast guest, convicted seditionist and rightwing extremist yutz who shot his own eye out back in 1993, Stewart Rhodes was sentenced to 18 years in federal prison on Thursday for the terrorist attack he helped organize on the U.S. Capitol on January 6, 2021. It was the longest sentence to date for the Trump insurrectionists who failed in their attempt to overthrow the government in order to steal the 2020 Presidential election.
  • This week, Richard "Bigo" Barnett, the 63-year old rightwing extremist yutz who made himself infamous among the 1/6 insurrectionists by posing for photos with his feet up on a desk in the office of then-Speaker Nancy Pelosi (carrying a "stun device" and a 10-pound steel pole he brought with him from Arkansas), was sentenced to 4 and a half years in federal prison. Sad!
  • Former TV news anchor, Trump Mini-Me Wannabee election denier and rightwing extremist yutz Kari Lake lost yet again in Arizona court this week, in what was her last chance to prove that the 2022 election for Governor was somehow stolen from her by Republican officials in Maricopa County (Phoenix). She not only lost again, but lost hilariously and is now, along with her attorneys, facing potential sanctions for their "heinous and profoundly harmful" claims that the 2022 election was "rigged", according to County attorneys citing Lake's multiple false claims, both before and during the latest trial, about the election she lost to Democratic Gov. Katie Hobbs by about 17,000 votes last year.
  • House Speaker Kevin McCarthy and his merry band of rightwing extremist yutzes in the U.S. House continue to hold the global economy hostage with their demands for massive cuts to popular social safety net programs in exchange for voting to raise the dumb debt ceiling. We've spent many shows in recent weeks discussing their dangerous threats, and the several ways that President Biden could fairly easily avoid a catastrophic, first-ever default by the U.S. Government without acceding to their threats.

    So why hasn't he taken advantage of those options, such as his ability to invoke the section of the 14th Amendment which declares "The validity of the public debt of the United States, authorized by law...shall not be questioned"? What explains Biden's various inscrutable responses when asked by reporters of late about using the 14th? And why has the Administration been hedging in their response to a lawsuit from a union of government employees suing them to invoke the 14th?

    Well, MSNBC's Lawrence O'Donnell offered a sort of grand unification theory this week that could explain all of that. Matching up his theory --- which posits that Biden and his lead negotiator, Steve Richetti, are up to some serious Dark Brandon 3-D chess --- with the various public reporting available to those of us outside of the negotiating room, would actually explain some of the inexplicable comments from Biden and, frankly, his willingness to negotiate on the debt ceiling with Republicans at all after months of the Administration saying they refused to do so.

    O'Donnell concedes his theory is little more than a well-educated guess, based on his personal knowledge of Biden and Richetti from his time as a U.S. Senate staffer some years ago. But, if he is right, and if Biden can pull all of this off, it would avoid not one, but two upcoming fiscal cliffs at the same time, both the Debt Ceiling and the budget negotiations later this year which Republicans would otherwise almost certainly use to shut down the government as they have in years past in advance of next year's elections. O'Donnell's theory could even include ending the ability for rightwing Congressional yutzes to use the Debt Ceiling law as a hostage taking device ever again in the future.

    I realize that's a lot of "ifs", but, yes, all of that is actually a possibility based on all of the reporting on the matter so far, including late updates today from both Reuters and New York Times. It's all explained in detail on today's show.

  • Finally, Desi Doyen joins us for our latest Green News Report, with grim news on global heating and the rightwing extremist yutzes both causing it and refusing to do anything about it...

* * * SHOW NOTE: We're taking a very much-needed break over Memorial Day week from both the The BradCast and Green News Report. So it may be quieter than usual around here over the next week. Please forgive us, and we'll see ya shortly thereafter!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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ALSO: JURY FINDS TRUMP LIABLE FOR SEXUAL ABUSE, DEFAMATION, AWARDS E. JEAN CARROLL $5 MILLION...
By Brad Friedman on 5/9/2023 6:43pm PT  

On today's BradCast: It's official. Our former President has now been found liable by a federal jury for sexual assault. And, it's not a matter of partisanship, but a matter of facts and evidence. The Republican Party has now clearly become a Party of Terrorism in these United States. [Audio link to full show follows this summary.]

Among the stories backing up those assertions on today's program...

  • A federal jury in New York on Tuesday, after no more than three hours of deliberation, found Donald J. Trump to liable for sexual abuse and defamation against magazine writer E. Jean Carroll after what she described as a rape in a New York department store in the 1990s. The jury in the civil case ordered Trump to pay some $5 million in damages to Carroll, even as he continued to lie about her both before and after the jury's unanimous decision.
  • Nations around the world are now warning their citizens to take precautions when traveling to the U.S. due to all the terrorism, specifically the gun-violence by domestic-terrorists which the Republican Party refuses to do anything about. Instead, like Texas Governor Greg Abbott --- who has presided over an untold number of mass murders carried out with AR-15 and similar weapons in his state during his three terms as Governor --- they are pretending (again) that the real issue isn't the easy availability of weapons of war, but "mental health". And yet, at the same time, Republicans like Abbott have slashed hundreds of millions of dollars from, you guessed it, mental health care, even while working hard to both take health care away from folks who need it entirely and make it easier for those with and without mental health issues to buy still more high-powered, military-style weapons.
  • We now know the identities of the 8 killed in the weekend mass murder at the Allen, Texas outlet mall, allegedly carried out by a neo-Nazi who echoed many ideas expressed by Republicans in his social media postings. One Korean American six-year old became an orphan during the weekend rampage as his mother, father and younger brother were all killed in the shooting. Two sisters in grade school were also murdered at the same time, along with a mall security guard and several others.
  • Over the same weekend, a 14-year old girl, miraculously, wasn't killed in Louisiana, even though she was shot in the head by a man who saw shadows outside of his house and started shooting at them. The shadows were of neighborhood children playing hide and seek. But, at least the 58-year old man bravely "stood his ground" against the "threat". Yet another victory for the Republican Party of Terror.
  • All of that as the Dept. of Justice Sentencing Memo we discussed on yesterday's program, "throwing the book" at the rightwing, Trump-supporting militia group Oath Keepers for their seditious conspiracy on January 6th at the U.S. Capitol, included a request for increased penalties for "terrorism" in the addition to the charges for which the conspirators were previously found guilty.
  • If being the Party of Terror by Murder and Terror by Insurrection wasn't enough for today's Republicans, they are now working on adding the Party of Economic Terror to their list of accomplishments. With the "X-Date" now looming for when the U.S. Government runs out of borrowing authority to pay its bills --- including payments for decades of stuff mandated by Congress and Presidents of both parties --- the U.S. is facing the real possibility of default for the first time in its history. That's because House Republicans are, so far, refusing to simply vote to raise or ignore the dumb debt ceiling law unless the White House agrees to cut billions of dollars in spending on food assistance, health care (including for veterans) and much more. If the U.S. defaults on its debts and its ability to pay interest on loans, social security checks and salaries to the military (and much, much more), we could see a financial calamity in world markets and economies as early as June 1, according to the Treasury Department.

    If Republicans shoot the proverbial hostage this time around, the Biden Administration is reportedly considering invoking Section 4 of the 14th Amendment, the text of which states clearly, in pertinent part: "The validity of the public debt of the United States, authorized by law, including debts incurred ...shall not be questioned."

    Under this theory, the Treasury Department would simply continue to borrow, as needed, in order to pay bills already incurred, even if Republicans refuse to lift the Debt Limit. Remember, the Executive Branch is required, by law, to pay bills that Congress already mandated be paid. If the Government runs out of money and can't pay its bills, it would be in violation of myriad laws. On the other hand, if Treasury borrows money to pay our bills without the Debt Ceiling limit being raised by Congress, it would also be violating the law, albeit only that one, dumb one and, arguably, the U.S. Constitution. Harvard Law professor Laurence Tribe explains all of this in a weekend op-ed at the New York Times in which he details his reasons for having changed his mind about the debt limit.

  • But, as Simon Rosenberg observed over the weekend, "If there was a terror org operating inside the US, how would it look any different then what we're seeing," from today's Republican Party? Good question, Simon. If al-Qaeda or ISIS had helped people obtain weapons to kill thousands of Americans, attempted to overthrow the U.S. Government in an insurrection and threatened to crash the U.S. and world economies, I suspect we'd have been in an actual shooting war with them long ago...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Dr. Allison Gill of 'Mueller, She Wrote'; Also: Two rightwing mass murders in TX over the weekend; Callers ring in...
By Brad Friedman on 5/8/2023 6:14pm PT  

It was another deadly weekend in the violent state of Texas, thanks, in no small part to the Republican Party of Mass Murder. But on today's BradCast our focus is mostly on accountability for the rightwing Seditious Conspirators who attempted to overthrow the U.S. Government on behalf of lies told by then-President, Donald Trump. [Audio link to full show follows this summary.]

Last Thursday, leaders of the far-right, racist, Trump-supporting Proud Boys gang were found guilty of seditious conspiracy and many other felonies for their part in attempting to carry out Trump's sore-loser insurrection at the U.S. Capitol on January 6, 2021. The verdict mirrored those from previous trials of both Proud Boys gangsters and far-right Oath Keepers militiamen.

On Friday, the Dept. of Justice "threw the book" at the seditious Oath Keepers in a 183-page [PDF] sentencing recommendation filed with the court for organization leader Stewart Rhodes and the others found guilty along with him earlier this year. DoJ recommended a 25-year sentence for Rhodes and slightly fewer years for eight others.

We're joined today by DR. ALLISON GILL, known to many as "A.G." and host of the Mueller, She Wrote podcast and Twitter handle, which covers the daily travails on the road to accountability for our disgraced former President.

Gill, who plowed through the full Sentencing Memo from DoJ over the weekend, breaks down its key elements, including similar sentencing recommendations to those brought for "treason"; additional penalties sought for an "upward departure" due to "terrorism"; and prosecutors asking the judge for consecutive sentences for each of the convictions, rather than concurrent sentences allowing the convicted to serve multiple years-long sentences at the same time.

"All three of things that I was looking for them to do, to 'throw the book' at these seditious conspirators, all of them were done," Gill told me. "So, I am not sure they could have gone any harder than they did."

Most importantly, we discuss why all of this news about the Proud Boys and Oath Keepers convictions is likely very bad news for Trump, who may soon find himself indicted by Special Counsel Jack Smith on charges that the DoJ has now road tested to excellent results in these other sedition and conspiracy trials.

Also, we get Gill's thoughts on the New York Time's curious (understated bombshell?) reference to records recently sought by Smith in his probe of the sensitive documents stolen by Trump from the White House upon leaving office. In the middle of a Times story last week on the "confidential cooperation of a person who has worked for [Trump] at Mar-a-Lago" and the report of large gaps in the security surveillance footage turned over to prosecutors, there was reference to the Trump Organization's dealing with the Saudi Arabia-backed LIV Golf venture, which is holding tournaments at Trump's golf resorts. For some unexplained reason, the Times reports, there have been "previously unreported subpoenas to the Trump Organization" regarding business with Saudi Arabia. Now what does that have to do with the stolen documents case? Curiously, the Times doesn't elaborate, but we discuss the possibilities.

Then, after some news on the apparent white supremacist who shot and killed 8 and critically injured three others at an outlet mall in Allen, Texas on Saturday and on the man who killed another 8 and injured about a dozen others with his SUV outside of an immigrant shelter in Brownsville, Texas on Sunday, we open the phone to callers mostly regarding the DoJ efforts to finally bring the criminal Trump to heal. Though some duped listeners, you may be bemused to learn, just can't understand why we need to prosecute Trump instead of....Joe Biden?!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Or, 'All the news that's fit to fight about over our public airwaves'...from the debit limit to the Biden and Trump docs to mass shootings to insurrection accountability and much more...
By Brad Friedman on 1/23/2023 6:17pm PT  

There has been a boatload of news from late on Friday, over the weekend, right on up to airtime before today's BradCast. That seems to happen a lot these days. In any event, we tried to keep up or get caught up with a whole bunch of it today, and to take calls from a diverse range of listeners on almost all of it.

Among the topics and news items we discussed today (along with a number of callers who saw some of these things differently than me...at least when their calls began)...

  • The House GOP's dangerous plan to hold the nation's borrowing limit (and the nation's and world's economy along with it) hostage to their disingenuous demands to cut spending programs such as Social Security and Medicare. The White House is refusing to negotiate on the stupid, statutory debt limit, but should they?
  • The corporate media's ridiculous coverage of some more classified documents discovered at Joe Biden's home over the weekend, thanks to a 13-hour consensual search by the DoJ that uncovered a few more documents. Despite the entirely different nature of this case as compared to Donald Trump actually stealing classified documents, refusing to return them, even after subpoenaed, and lying to officials about them, corporate media outlets --- and elected Democrats who are too cowardly to challenge them --- are painting the two cases as somehow similar. Or, at least, claiming that Biden's case means charges cannot not be be brought against Trump for some reason. As explained, that is absurd.

    In fact, this is the "Goofus and Gallant" of document scandals, as fans of Highlights Magazine from the dentist office of your childhood may remember. Goofus (Trump) stole documents and, when caught, lied and refused to return them. Gallant (Biden) discovered he had documents he wasn't supposed to have, promptly notified authorities and returned them. As explained today, if anything, that stark difference should make it more, not less likely that Trump is charged. Or even that both are charged. But to suggest Trump can't be charged now --- as media and some Dems are doing --- is patently ridiculous. We discuss. Including with callers. One of whom tells us she also got in trouble regarding classified documents that were accidentally mishandled by someone who worked with her.

  • An 11th victim was pronounced dead shortly before airtime today in the mass shooting that took place at a dance hall Lunar New Year celebration in Monterey Park, just east of L.A. over the weekend. One interesting caller tried to make the case that the problem with all of these mass shootings is not semi-automatic weapons with extended magazines that can kill dozens of people within second. The real problem is mental health issues in America, he argued. Our conversation was very interesting, I thought. You'll let me know if you agree.
  • Four more Oath Keepers were found guilty today of Seditious Conspiracy for their part in attacking the U.S. Capitol during the insurrection on January 6, 2021. The leader of that conspiracy, however --- the disgraced former President --- has yet to be charged.
  • The idiot infamously photographed putting his feet up on the desk in then-House Speaker Nancy Pelosi's office during the Jan. 6 insurrection was found guilty today on all 8 counts on which he was charged after just two hours of jury deliberation. He also brought a weapon into the office with him and stole an envelope. Apparently, the jury didn't buy his "I was just looking for the bathroom" defense.
  • A few thoughts on the nearly $1 million in sanctions slapped on Donald Trump and his attorney last week by a federal judge in response to a laughable dismissed-with-prejudice lawsuit filed by the former President against Hillary Clinton, James Comey and more than a dozen other FBI agents and elected officials. The largest single recipient of those sanctions will be Clinton, who Trump will have to give nearly $172,000 to. But Trump's litigation grift continues, as our own Ernie Canning wrote about here earlier this afternoon.
  • Another reminder today as to why elections and democracy matter. On Friday, the newly-elected Attorney General and newly-elected Governor in Arizona --- both Democrats for the first time in years --- finally put the state's death penalty on hold, following an horrifically "botched" execution that took more than two hours to complete in 2014. Hopefully, this will eventually result in a full moratorium on the barbaric practice in the state. None of this would have happened had Republicans been elected as Governor or Attorney General last November.
  • And, though I don't believe I raised the issue myself today, a caller rang in to explain why Russia's brutal invasion of Ukraine is actually all the fault of the United States...or something. I disagreed and explained why. But, in fairness, as we got to the call very late in the hour, I had to end it much sooner than I would have liked. Hopefully we can pick it up again with more time the next time we're able to open up the phone lines! Always happy to have the conversation and appreciative of all of today's excellent callers!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: NatSec journalist Marcy Wheeler; Also: Out of work loser, Dr. Oz; Hilarious sentence for GOP vote suppression scammers; Breaking: 11th Circuit nixes Special Master in Trump stolen documents case...
By Brad Friedman on 12/1/2022 5:49pm PT  

We've been telling you since Thanksgiving on The BradCast that Accountability Season is finally beginning to get underway as Election Season almost wraps up. Today's show is pretty much nothin' but accountability. [Audio link to full show is posted below this summer.]

Earlier this week, in the first of several conspiracy trials scheduled for far-right, white nationalist militia groups, the Dept. of Justice notched guilty verdicts for Seditious Conspiracy charges in relation to the Trump-incited January 6th, 2021 insurrection at the U.S. Capitol. Oath Keepers founder Elmer Stewart Rhodes III (a one-time guest on this program!) and its Florida chapter head, Kelley Meggs, were both found guilty by a jury on Tuesday. They and three co-defendants were also convicted of Obstructing an Official Government Proceeding and other charges related to the effort to block the peaceful transfer of Presidential power in a failed attempt to help Trump steal the 2020 Presidential election.

Each of the five defendants found guilty on several charges each this week are facing maximum sentences of anywhere from 40 to 86 years in prison for their crimes. So, what does this mean going forward for the other upcoming sedition trials and for those yet to be charged for the same felony crimes, such as Roger Stone, Alex Jones and...yup...Trump himself?

We're joined today by national security journalist MARCY WHEELER of Emptywheel to discuss all of that and much more! Among the related topics discussed...

  • Why the convictions this week were important, and how the several trials of Oath Keepers and Proud Boys are being approached by DoJ as "interlocking conspiracies". In turn, they may result in similar indictments eventually against Trump insiders like Stone and Jones for seditious conspiracy and/or conspiracy to obstruct the government's peaceful transfer of power.
  • Whether Trump will eventually face same charges and how much it matters whether he is indicted for Sedition versus Obstruction, both of which carry the same 20-year max sentences attached to them.
  • Whether Merrick Garland's recent appointment of Jack Smith as Special Counsel overseeing both the federal January 6 probe and their criminal investigation of the classified and other documents stolen by Trump and obtained by the FBI at Mar-a-Lago is a good or bad idea. On that, she points out that Smith's mandate may eventually require a decision on whether to bring charges against Republican member of Congress like Reps. Scott Perry (PA) and Jim Jordan (OH). As she reported at Emptywheel recently, with a razor thin majority for the GOP in the House next year, such decisions could end up flipping control of the House from Republican to Democratic. Therefore, it may prove critical to have someone overseeing these investigations who is not a political appointee of President Biden.
  • In the event that Trump is charged for any of these crimes, will it even be possible to find a jury that doesn't include a MAGA Republican willing to block any and all charges against the former President? On that, she notes, she is less concerned about such jurists than about Trump's skills as "a mob boss".

"Let me put it this way," Wheeler tells me on that point, "I'm far more worried about obstruction than I am about a jury. He's a mob boss. I think virtually all people really, really underestimate the degree to which he obstructed [Special Counsel Robert] Mueller in 2020 after Bill Barr came in. Barr got away with so much that people just can't conceive how effectively he killed the Mueller investigation and any other investigation that tied to him. So, he's not President, but he's still a mob boss." And that, she says, worries her more "than that a jury won't do their sworn duty."

And, in more Accountability Season news on today's program...

  • Trump-backed U.S. Senate loser and former celebrity TV Doctor Mehmet Oz is apparently not welcome back on TV and can't find a job. Sad!
  • Two longtime GOP operatives/yutzes, Jack Burkman and Jacob Wohl, who sent out tends of thousands of robocalls to black voters in five states before the 2020 election, trying to hoax them about phony dangers of voting by mail (and turning over their information to "The Man" in the process), were sentenced in Ohio this week. Their sentence, somewhat hilariously, includes 500 hours of voter registration work in low-income D.C. neighborhoods.
  • And BREAKING just as were finishing up today: In a stinging loss for Trump, a three-judge panel (including two judges he appointed) on the 11th Circuit Court of Appeals, nixed the Special Master named by Judge Aileen Cannon (also a Trump appointee) to review the stolen government documents retrieved by the FBI from Mar-a-Lago. The court ruled Cannon had no jurisdiction to make any such appointment which served only to help the Mob Boss slow down the DoJ's investigation of Trump's theft of records, and apparent violations of the Espionage Act, the Presidential Records Act, and obstructions of justice...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Oath Keepers chief 'guilty'; GOP money launderer 'guilty'; AZ's Dem SoS/Guv-elect fights to keep Repubs from disenfranchising themselves...
By Brad Friedman on 11/29/2022 6:36pm PT  

It's another crazy day in MAGA Land on today's BradCast, as Accountability Season gets a very good start even before the 2022's Election Season fully wraps up. [Audio link to full show is posted below this summary.]

Among our stories today from Accountability Season...

  • BREAKING at the top of today's program: Stewart Rhodes, founder of the far-right Oath Keepers clan (and former BradCast guest!) is found guilty of seditious conspiracy for his involvement in the January 6, 2021 insurrection at the U.S. Capitol. Fellow Oath Keeper Kelly Meggs was found guilty as well. Both now face as much as 20 years in prison on the sedition charges alone. They, and others, were also charged with Obstruction of an Official Proceeding and more. Perhaps our former President who inspired them should begin to be concerned.
  • Speaking of the former guy... Earlier this month, Kremlin-linked Russian businessman Yevgeny Prigozhin, known as "Putin's Chef", boasted on social media that "we have interfered, are interfering and will interfere" with U.S. elections. "Carefully, precisely, surgically and in our own way, as we know how to do." A week or two later, longtime GOP operative Jesse Benton --- who worked for Ron Paul, Rand Paul, Mitch McConnell and Donald Trump, among others --- was found guilty on six counts related to money laundering some $100,000 for another Russian businessman before the 2016 election. He was charged with helping to funnel money to both the Trump campaign and RNC that year. As it happens, both Benton and seditious conspirator Rhodes both got their start in politics working as aides for Rep. Ron Paul. Benton is now married to Paul's granddaughter. He was charged last year (along with yet another BradCast guest --- who died shortly after being charged) just months after Trump had pardoned Benton for separate charges against him regarding campaign finance violations and bribery during the 2012 election. We 'splain the full sordid story and Russian collusion along with wistful memories of Tibetan monks and nuns and Al Gore from back in the day when Republicans used to pretend to care about unlawful campaign donations from foreign sources.

And from Election Season...

  • Welp, the days are getting crazier and crazier in Arizona. On Monday, the deadline for counties there to certify election results before the state certifies all results next Monday, the Board of Supervisors in Cochise County voted against doing so. They claim they will reconsider the matter on Friday. That, despite any evidence of fraud or voting system failure in the Republican-leaning county. Katie Hobbs, the state's Democratic Sec. of State and apparent Governor-elect, quickly went to court yesterday in an attempt to force Cochise to certify their result as, she argues, they are required by law. If they don't, all of the county's voters may be disenfranchised and the results of at least one U.S. House race would flip from Republican to Democratic, along with the statewide contest for Superintendent of Public Instruction. Moreover, any remaining chance for Abe Hamadeh, the GOP candidate running for Attorney General, to overcome his current 510-vote deficit against Democrat Kris Mayes, would almost certainly be gone. As the Arizona Republic's EJ Montini snarks today, if Hobbs was gaming the system to somehow help state Dems this year, as MAGA Republicans baselessly claim, "she really, really stinks at cheating"!
  • Meanwhile, Georgia voters are proving to be really, really good at early voting. They shattered all-time records for doing so on Sunday and again on Monday of this week, outpacing both Presidential and other general elections alike in the state's current runoff election between Sen. Raphael Warnock (D) and Herschel Walker (R) for \ U.S. Senate. The big turnout could be a good sign for Democrats, though that's not certain. The long wait times it is causing for many voters around the Peach State, however, is a certain disgrace. (More on all of that, I hope, on tomorrow's show.)

And in other matters...

  • A bipartisan "Respect for Marriage" bill has been passed by the lame duck U.S. Senate to protect same-sex marriages following corrupt U.S. Supreme Court Justice Clarence Thomas' recent opinion with the overturning of Roe v. Wade arguing that marriage equality should be one of the next rights stolen by the Court from the American people.

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Special Coverage of final(?) public hearing with Heather Digby Parton of Salon and 'Driftglass' of 'Pro Left Podcast'; Also: SCOTUS rejects Trump's emergency motion on stolen classified docs retrieved from Mar-a-Lago...
By Brad Friedman on 10/13/2022 6:17pm PT  

It was a very bad day for our disgraced former President. So, it was a good day for the nation and for today's special BradCast coverage of what is likely to be the final public hearing of the bipartisan U.S. House Select Committee investigating the Trump-incited insurrection of January 6, 2021 and his many failed attempts to steal the 2020 Presidential election. [Audio link to full show follows this summary.]

The Committee on Thursday presented both new video footage and documents obtained since their last public hearing back in July. Among the new video: Chilling footage of Democratic and Republican lawmakers attempting to fill the leadership gap left by the President during the three hours the Capitol was under siege while Donald Trump sat in the White House dining room watching Fox "News" coverage of the violence he sparked unfolding.

Among the new documents: email and chat messages from the Secret Service revealing they knew damned well about the threat of violence on Jan. 6, long prior to the insurrection. Also: more evidence from well before Election Day revealing Trump planned to falsely claim the election was stolen from him, and that he knew damned well that he lost and there was no evidence of election-changing fraud.

But, of course, the biggest news from Thursday's hearing was the panel's unanimous, 9 to 0 vote taken at the end to subpoena documents and under-oath testimony from the ringleader of the riot.

"Our duty today is to our country and our children and our Constitution. We are obligated to seek answers from the man who set this all in motion, and every American is entitled to those answers so we can act now to protect our republic," explained Republican Vice Chair Rep. Liz Cheney, introducing the motion. "So, this afternoon I am offering this resolution that the Committee direct the Chairman to issue a subpoena for relevant documents and testimony under oath from Donald John Trump in connection with the January 6th attack on the United States Capitol."

That wasn't the only bad news for the disgraced former President today. As the hearing was playing out, his corrupt, stolen and packed U.S. Supreme Court majority rejected his emergency motion regarding the classified documents he stole from the White House and retrieved by the FBI from Mar-a-Lago in early August. The High Court nixed, without comment, his appeal of a lower court ruling that blocked the documents marked as classified from a privilege review by a Special Master.

All of that came the day after Washington Post and New York Times each published stories last night reporting that a Trump employee was captured on security camera video from inside Mar-a-Lago moving boxes of documents both in and out of a storage room both before and after Trump had been subpoenaed by the Dept. of Justice earlier this year for the return of all documents that he had stolen from the White House upon leaving office. The reports allege that the employee is said to be cooperating with DoJ, at least to some extent, and was ordered to move the documents by Trump himself.

Like I said, a bad day for Trump...but a great day for everyone else!

Joining us for a very lively conversation attempting to make sense of all of this madness and much more today in our Special Coverage, are HEATHER DIGBY PARTON of Salon and Hullabaloo and 'DRIFTGLASS' of the Professional Left Podcast. And while both of them have been right about pretty much everything over the last 20 years, they disagree today on whether Trump will actually answer that Congressional subpoena to testify. Tune in to find out why.

As usual, they offer smart insight today on the new video footage and many other fresh revelations from this afternoon's J6 hearing, and we discuss whether Trump will now finally be indicted; on which of the several different criminal investigations he's now facing; and when such charges will --- or won't --- finally come...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: National security journalist Marcy Wheeler of Emptywheel.net...
[UPDATED with link to full transcript of interview with Wheeler.]
By Brad Friedman on 7/14/2022 6:34pm PT  

The big time former federal prosecutors are only just now beginning to catch up to what our guest on today's BradCast has been saying all along: Merrick Garland's Department of Justice is, in fact, on the job and Donald Trump is, in fact, in their sights. [Audio link to full show is posted below.]

At The Atlantic today, Ronald Reagan's former Deputy Solicitor General and George H.W. Bush's Deputy Attorney General, Donald Ayer, along with former Asst. Attorney General for the Civil Division at DoJ, Stuart M. Gerson, and former federal prosecutor and Chief Asst. City Attorney in San Francisco, Dennis Aftergut, declared that, after seven public hearings by the U.S. House Select Committee investigating the January 6, 2021 insurrection and Trump's multiple attempts to steal the election, "The evidence is now overwhelming that Donald Trump was the driving force behind a massive criminal conspiracy to interfere with the official January 6 congressional proceeding and to defraud the United States of a fair election outcome."

The three prosecutors, two of whom served in Republican Administrations, observe that "This was Trump's project all along" and there is now more than enough evidence to prosecute the disgraced former President. "The damage to America’s future that would be inflicted by giving him a pass far outweighs the risks of prosecuting him," they write, "And the tradition of not prosecuting a former president must yield to the manifest need to protect our constitutional form of government and to assure that the violent effort to overthrow it is never repeated."

At New York Times earlier this week, Andrew Weissman, a long time federal prosecutor of high profile criminal conspiracies and a senior prosecutor on the Special Counsel team that investigated Russian interference in the 2016 election, argues that Garland's "bottom up" investigation --- working the way up the food chain from the hundreds of dupes on the ground on January 6, through the rightwing extremist militia group participants like the Proud Boys and Oath Keepers, now facing seditious conspiracy charges, to those in Trump's inner-circle --- is too slow, difficult and ultimately too narrow. He calls instead for a "hub and spoke conspiracy" probe, now that it's clear Trump was at the "hub" of multiple criminal "spokes" in his attempts to steal the 2020 election. January 6 was just one such "spoke".

Our guest today, however, who has perhaps been following every single indictment, federal court filing, and shred of available evidence as close or closer than anyone on the planet, has long been arguing that Garland's DoJ has been doing all of the above, and for some time --- whether the big time former federal prosecutors have finally gotten around to noticing or not.

MARCY WHEELER, the prolific independent national security journalist from Emptywheel.net, is a long time friend who has been joining us on the show for many months now, often to counter the many critics of Garland. She has long argued the DoJ is, in fact, on the case, and has a number of criticisms of Weissman's much-cited critique of the Department's probe.

She argues DoJ has long been carrying out a very broad investigation of the sort that Weissman is now calling for. In addition to the hundreds of grunts on the ground and dozens of seditious conspirators from the militia groups already charged, the Department has also been deliberately collecting a wide swath of critical evidence from members of Trump's inner-circle --- from Rudy Giuliani to Roger Stone to Michael Flynn to Sidney Powell to John Eastman to Mark Meadows and beyond.

Today's conversation, as usual with Wheeler, is complex and far-reaching. We discuss where folks like Weissman have been missing the big picture, and we discuss what she has learned from the Select Committee's hearings and where they still have information to learn themselves.

But the bottom line is this: Wheeler believes "there is plenty of evidence to prove that Donald J. Trump conspired and, himself, did obstruct the vote certification on January 6th," but that the DoJ "will not charge it...until they get a couple of more things in place." Those things, namely, are "four people," one of whom, she notes, the Trump camp itself believes "is about to go to prison."

Tune in to find out who those people are, and when Wheeler believes charges for Trump are likely to come down --- from someone who has been far ahead of the curve on all of this for the past year and a half or so. (Oh, and yes, she tells us that Steve Bannon, whose trial on criminal Contempt of Congress charges begins next week, is indeed in trouble too. "Probably more trouble than he knows.")

CLICK TO LISTEN OR DOWNLOAD SHOW!...

Update 7/21/2022: Our friend "Spocko" was so impressed by Marcy's commentary in this episode that he created a full text transcript of my interview with her. He says he used AI to do it, so I can't vouch for the accuracy of it, but thought it might be helpful to some if I posted that link to it here for archival and posterity purposes.

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Special Coverage with Heather Digby Parton of Salon, David Faris of Roosevelt University...
By Brad Friedman on 7/12/2022 6:43pm PT  

It was Day 7 of public hearings for the bipartisan U.S. House Select Committee probe of Donald Trump's January 6th insurrection at the U.S. Capitol and his multiple failed attempts to steal the 2020 Presidential Election. We've got full Special Coverage once again on today's BradCast. [Audio link to full show follows this summary.]

If you've been turning away over the past week or so, we've got a quick recap of "our story so far" at the top of today's show, summing up the key elements of the six previous public hearings by the Committee. In short, to sum up that summary, Donald Trump knew everything and was personally involved in everything. He knew there was no fraud of note in the 2020 election, as all of his top advisers and legal experts told him as much, but he continued to lie about it anyway. He knew that his efforts to reverse election results to steal the election from Joe Biden in various swing-states and at the joint session of Congress on January 6, 2021 were unlawful and/or Constitutional. Again, we've been shown that all his top advisers told him as much. He relentlessly pushed for it anyway. And he knew that calling his supporters to D.C. on January 6 and directing them to march on the Capitol would result in violence led by armed extremist groups. He was advised against it, but he did it anyway.

Today's hearing picked up on Trump's "call to arms" to his supporters. It came in the middle of the night in his now-infamous "Big protest in D.C. on January 6th. Be there, will be wild!" tweet, issued just hours after an insane, "unhinged", hours-long December 18, 2020 White House meeting with his personal crackpot attorneys Sidney Powell and Rudy Giuliani, his felonious former National Security Adviser Michael Flynn, former Overstock.com CEO Patrick Byrne (for some reason) and a bunch of White House attorneys. The latter angrily tried to derail the MAGA coup plotters plans to have the President issue an Executive Order to seize the nation's voting machines and install Powell as a Special Counsel to investigate fraud and issue arrests. Even Trump loyalist and White House Counsel Pat Cipollone --- who finally testified to the Committee last Friday --- said he "vehemently opposed" the "terrible idea." That, after repeatedly asking for any evidence of fraud and being shown none at all.

That bonkers meeting, and its fallout --- resulting in the tweet that "electrified and galvanized" his supporters immediately thereafter --- was detailed in the first part of today's hearing, with mountains of evidence and video-taped testimony. The second part covered what happened next, as the extremist groups which supported Trump, including the Proud Boys and Oath Keepers (the leaders of which have already been indicted for seditious conspiracy), descended on D.C., planning for the violence --- and much worse --- that eventually occurred.

The Committee shared video of Trump's media supporters, immediately after his "will be wild!" tweet, calling on their own followers to join them in D.C., including rightwing conspiracy radio host Alex Jones and others. One called for "storming right into the Capitol," noting "the rules of engagement: If you have enough people, you can push down any fence or wall." Another vowed "There are gonna be a million, geeked-up armed Americans" coming to occupy D.C. in response to Trump's call.

All of that, weeks before Trump eventually directed them to march to the Capitol on Jan. 6 in what, the Committee showed through several draft tweets and speeches, was absolutely not a spontaneous ad-lib made by Trump during his remarks on the Ellipse. The armed march on the Capitol was the plan all along.

On the night before the attack, according to White House call logs obtained and revealed by the Committee today, Trump's disgraced former aide Steve Bannon took to his "War Room" podcast just after a conversation with the then President to declare: "All hell is going to break lose tomorrow. It's all converging and now we're on the point of attack. It's not gonna happen how you think it's going to happen. It's gonna be quite extraordinarily different and all I can say is strap in."

One witness at the end of today's hearing were Jason Van Tatenhove, an independent journalist turned self-described Oath Keepers propagandist, who says he left the group 5 years ago after seeing them become more and more racist and violent. The other was Stephen Ayers, a January 6 rioter and Trump believer. He was not tied to any of the extremist groups. He was just a guy, "a family man" who answered Trump's call to come to D.C. and "fight like hell" to "save the country" as he believed Trump needed him to do. He was arrested and pleaded guilty to disorderly conduct at the Capitol and now regrets every part of it, believes it was all a con, but has since lost his job and much more after having fallen for Trump's Big --- violent, deadly --- Lie.

Today's hearing came to a close with another Liz Cheney cliff-hanger. This time she revealed that Trump had attempted to contact one of the Committee's witnesses following their last hearing. "We will take any effort to influence witness testimony very seriously," vowed the Committee's Republican Vice Chair, adding that the Justice Department had been notified about the apparent witness tampering by the disgraced former President.

Joining us to make sense of all of this today are, once again, HEATHER DIGBY PARTON of Salon and Hullaballoo, joined this time by DAVID FARIS, Associate Professor of Political Science at Roosevelt University and a contributor to both Newsweek and The Week.

"They've been setting up the various strands," Parton explains, describing today's hearing focused on Trump's directives to his violent supporters, as she cited Andrew Weissman's recent "'hub and spoke' conspiracy" op-ed at NYTimes. "There were a number of different spokes going out from the Oval Office, which included the 'voter fraud,' the fake electors, the DOJ, Mike Pence. This was one of the spokes, and it's a huge one, because it is the spoke that leads from the White House and the Oval Office to the insurrection on January 6th. That part of the whole coup plot, the conspiracy to keep Trump in office come what may, that was a huge one."

"Big picture, I think these hearings have a number of different purposes. One is to provide concrete evidence of a systematic and sustained effort to extra-constitutionally overturn the results of the 2020 election," Faris observes. "Stealing the election. That's a coup. We've learned a lot more during these hearings about the mechanics of the coup. The bottom line is that the people who were putting these plans into motion knew perfectly well that they were illegal."

He also notes that he believes these hearings are likely to spur the DoJ into action. "There are a lot of little Trump lieutenants running for office who are planning to do things like manipulate the vote in 2024, or use extra-constitutional procedures to install a Republican candidate for President into office," Faris tells us. "There are a lot of people who are contemplating committing crimes in another conspiracy against the United States, and if you do not show them there are consequences to the people who did it the first time, I don't see how those people can draw any other conclusion then that they'll get away with it. I wish that we were not in this position where we have to talk about indicting a former President. It's not great. But I don't think he can be allowed to skate without really jeopardizing our democracy."

Lots more on today's show, of course, from the hearing itself and via smart analysis from Parton and Faris as, yes, the walls continue to close in on Donald J. Trump...

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

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

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

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

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

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

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

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

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

Among the many questions discussed today...

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Biden ends Russian imports, destroys Fox/GOP/Big Oil lies; Jan 6. insurrectionist 'guilty' on all counts; 'Proud Boy' indicted for U.S. Capitol conspiracy; Pardoned GOPer indicted for funneling Russian money to Trump 2016; Another former 'BradCast' guest indicted...
By Brad Friedman on 3/8/2022 7:10pm PT  

As the horrors of war continue in Ukraine today, we focus on the latest efforts to counter it by ending --- or trying to --- Russian oil and gas imports to the EU and US, and as we enjoy more accountability for GOP election fraudsters and insurrectionists, including one who funneled Russian money to Donald Trump's 2016 campaign and another who used to appear on The BradCast from time to time. [Audio link to full show is posted below this summary.]

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

  • Fossil fuel profiteer Shell Oil apologizes after getting caught secretly buying cheap Russian oil, even after pretending last week that it was ending its business with the country after their invasion of Ukraine. Does it smell "like Ukrainian blood?," Ukraine's Foreign Minister wonders.
  • On Tuesday, after nearly two hellish weeks of unspeakable humanitarian suffering in Ukraine and pressure from the public to do the right thing, several more major American companies --- McDonald's, Starbucks, Coke and Pepsi --- finally decided to "pause" doing business in Russia.
  • The European Union, which has made the mistake of becoming reliant on Russia for about 45% of its gas imports, announced plans to try and wean themselves off two-thirds of it by year's end. Hopefully this will help hasten their move to clean, renewable energy.
  • President Biden announced today that the U.S. will halt all imports of Russian oil and gas. Hopefully this will help hasten our move to clean, renewable energy.
  • Also, both White House Press Secretary Jen Psaki and President Biden pushed back hard against the obnoxiously phony claims by Republicans, Fox "News" and the oil industry that opening up more public land to oil and drilling leases and permits would lower surging U.S. gas prices. As both Psaki and Biden point out, Big Oil is already sitting on some 9,000 currently unused permits on millions of acres of land, as is. The GOP/Fox "News"/Big Oil axis of evil is really hoping that Americans don't know that, so they can blame Biden for the surge in global oil and gas prices...even as new polling finds American majorities are willing to pay more at the pump to help Ukraine and they want to expand renewable energy development, not fossil fuels.
  • The International Energy Agency (IAE) has a list of 10 things the EU can do to decrease gas use by at least 10% before year's end. Many of those things the U.S. can do as well. One thing many of us could and should do to lower the cost of gas in a big way during Russia's war on Ukraine --- since many of us already did it for much of the past two and a half years anyway, cleaning the skies and drastically lowering gas prices in the bargain --- WORK AT HOME AGAIN if possible!
  • The first January 6th insurrectionist to stand trial before a jury, was found guilty on all five felony counts today. (He's a helluva guy, apparently. Threatened to kill his own teenage children if they told on him. Ya know, as "patriots" do.) The DoJ hopes the result may lead other Trump insurrectionists to plead guilty. We hope it leads the DoJ to keep working their way up to the top of the insurrectionist cabal.
  • The leader of the violent rightwing street gang calling itself Proud Boys, Enrique Tarrio --- who wasn't even at the U.S. Capitol on January 6th, 2021 (because he was in police custody on a separate crime) --- was indicted, with several others in his gang of white hoodlums, on conspiracy charges related to their violent, coordinated attack on the Capitol. Tarrio had reportedly met with Oath Keepers leader Stewart Rhodes in a parking garage in the hours before the Republican assault on American democracy. Rhodes and several other Oath Keepers were also recently indicted on seditious conspiracy charges. And Rhodes, like another rightwing hoodlum facing new felony indictments in a separate matter (discussed below), had been a guest on The BradCast several years ago.
  • This story is amazing. Jesse Benton, a longtime Republican operative and former campaign manager for Senators Rand Paul (in 2010) and Mitch McConnell (in 2014), has already been pardoned for felony election fraud once, by Donald Trump in the closing days of his Administration. Now Benton has been indicted again, for more election fraud, and along with another former guest on The BradCast! Tune in for the full story, but Benton was originally charged and convicted some years ago for buying away an endorsement for about $75,000 from a Michele Bachmann supporter during the GOP Iowa Caucus in the 2012 Presidential campaign. At the time, he worked for Rand's father Ron Paul's Presidential campaign. Benton was sentenced to two years probation and a $10,000 fine just days before the scheme he has now been indicted for which includes receiving $100,000 from an unnamed Russian national, keeping $75,000 for himself, and giving $25,000 of it to the campaign of "Political Candidate 1" in his own name, an unlawful straw donation to avoid laws barring foreign money in American elections. Benton promised a meeting with "Political Candidate 1" in Philadelphia on September 22, 2016, the day that Donald Trump happened to be holding a fundraiser there. They all took pictures together, according to the September indictment unsealed on Monday, along with Doug Wead, a GOP Presidential historian and, in recent years, far-right operative who appeared a number of times on this program some years ago. Wead, a Senior Advisor to Ron Paul's 2012 campaign was indicted as a co-conspirator with Benton. They both face the potential of a lot of time in prison. Each of the six counts charged against both of them carries sentencing of 5 to 20 years. But, yup, more Russian money in Donald Trump's 2016 election. Who could have guessed it?
  • Finally, Desi Doyen joins us for our latest Green News Report, in which we can barely keep up with Russia/Ukraine related events in the energy industry (including nuclear) and as the U.N. offers some good news for a change, in this case regarding global plastic pollution.

All of the above is much funnier, outraging, and/or more enlightening when heard in full on today's surprisingly lively BradCast (given what we have to work with at times like these)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Marcy Wheeler of Emptywheel; Also: WI judge bars all ballot drop boxes; OH Supremes nix GOP-gerrymandered state, U.S. House maps...
By Brad Friedman on 1/14/2022 6:45pm PT  

We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Oath Keepers founder charged with 'seditious conspiracy' for Capitol attack; Bernstein says Jan 6. 'cover-up in excess of Watergate'...
By Brad Friedman on 1/13/2022 6:59pm PT  

Our guest on yesterday's BradCast nailed it. The stolen and packed U.S. Supreme Court did, in fact, strike down one of the Biden Administration's vaccine mandates today (the one that allows employees to not get vaccinated if they choose), while narrowly approving the vaccine mandate for all health care workers at facilities that receive federal funding. [Audio link to full show follows this summary.]

The Omicron surge continues to rack up both record infections and hospitalizations. Death counts are now on the rise as well. Though there are hopeful signs that some parts of the U.S. may be peaking or plateauing, and that, in a few weeks, the surge may plunge as quickly as it initially spiked over the past few weeks. The advice this week from the Los Angeles County Health Director to hang on for just a few more weeks and avoid any non-essential public gatherings, particularly indoors with the unvaccinated or those at high risk of severe illness during that period, is likely good advice for everyone in the nation at this time.

That is especially true now that the non-medical experts at the U.S. Supreme Court seem dead set on preventing actual experts charged with protecting workers from helping to protect millions of them.

As Slate's ace legal journalist Mark Joseph Stern predicted on yesterday's BradCast, the packed Republican Supreme Court did, in fact, put a stay on President Biden's Occupational Safety and Health Administration (OSHA) mandate for workers at large companies with more than 100 employees to either get vaccinated or get tested weekly. The other case heard during emergency oral arguments last week, the Administration's Health and Human Services mandate for vaccination of all workers at health care facilities that accept Medicare or Medicaid funding, was narrowly allowed to remain. Chief Justice John Roberts and Brett Kavanaugh joined the Court's three liberals in a 5 to 4 opinion [PDF] on that one.

Today, we step through the absurdities of the Majority opinion from the Court's rightwingers on the stayed employer mandate [PDF], as well as the even more absurd --- but dangerously so --- Concurring opinion authored by Justice Gorsuch with Thomas and Alito, as well as the furious Dissent, jointly penned by Justices Breyer, Sotomayor and Kagan.

"Underlying everything else in this dispute is a single, simple question," the Dissenters wrote, 'Who decides how much protection, and of what kind, American workers need from COVID–19? An agency with expertise in workplace health and safety, acting as Congress and the President authorized? Or a court, lacking any knowledge of how to safeguard workplaces, and insulated from responsibility for any damage it causes?"

The stinging Minority dissent derides the non-expert Court Majority for being the ones to decide that the non-experts in Congress, as opposed to the experts at the Executive Branch agency charged by Congress via specific statue to protect workers, must make specific medical decisions through legislation for those workers. It is, of course, madness. Especially, as the Dissenters note, the Court's "Members are elected by, and accountable to, no one," whereas those at OSHA are not only experts, but "responsible to the President, and the President is responsible to—and can be held to account by—the American public."

Tune in for all the details. But the good-ish news for the moment is that only three of the Court's rightwingers were willing to sign on to the idea that statutes granting Executive Agencies the power to regulate things should be ignored when there is a "major question" at stake, as we discussed in some detail with Stern on Wednesday. But that good-ish news may not stand for long, as the Court will hear a case next month with even broader implications, as to whether the EPA, despite its statutory charge by Congress, is allowed to regulate pollution that is causing our climate emergency and much more. As we detailed yesterday, we are, in fact, watching the far-right "deconstruction of the Administrative state" before our very eyes.

Then, in what would, during normal times, be our lead story today, we quickly cover the arrest of Stewart Rhodes, the founder and leader of the far-right Oath Keepers militia outfit, who, along with ten others in his group, were charged today "seditious conspiracy" for their part in the Trump-incited attack on the U.S. Capitol on January 6, 2021, as part of Donald Trump's plot to steal the 2020 election.

The federal charges are the most serious to date in relation to the January 6 attack and are precisely what our guest from several weeks ago, Marcy Wheeler of Emptywheel, told guest host Nicole Sandler was likely to soon happen, as the Dept. of Justice and Attorney General Merrick Garland continued a painstaking bottom-up probe. And yes, we did interview the Oath Keepers' Rhodes on this program back in 2016. Here is a link to that lively, if occasionally testy, interview.

And, in one more related matter on an absurdly busy show (restructured about five times before air today as news kept breaking!), GOP House Leader Kevin McCarthy, who recently told a reporter he "wouldn't hide from anything" when he asked if he was willing to speak to the bipartisan House Select Committee investigating January 6th, refused to cooperate with a voluntary invitation on Wednesday to speak with the Committee. In response to the news, Carl Bernstein (of Watergate's Woodward and Bernstein) told CNN on Wednesday night that the Committee already "has the goods" on McCarthy and what he said to Trump on Jan. 6 "and McCarthy has lied about it since."

"So, we have a real conspiracy, a real cover-up, real stonewalling in excess of anything we saw in Watergate," said Bernstein...who should know.

Finally, Desi Doyen joins us for our latest Green News Report, which is packed with even more news during the final few minutes of today's program...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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GUEST: Stewart Rhodes, President and Founder of OathKeepers.org
PLUS: Obama's announces executive action to take on America's gun scourge...
By Brad Friedman on 1/5/2016 5:16pm PT  

On today's BradCast, I'm back! And with huge thanks to Nicole Sandler of the awesome RadioOrNot.com for filling in for me and Desi over the holidays to help us get some some much-needed time off!

First up on today's show: President Obama announces his Executive Actions to combat the scourge of gun violence in this country.

Then, I'm joined by Stewart Rhodes, Founder and President of Oath Keepers, a group which describes itself as "a non-partisan association of current and formerly serving military, police, and first responders, who pledge to fulfill the oath all military and police take to 'defend the Constitution against all enemies, foreign and domestic.'"

While the Oath Keepers were on the front lines of the armed 2014 standoff against the federal government at the Bundy Ranch in Nevada, Rhodes has declined to join the ongoing armed take-over of the Malheur National Wildlife Refuge near Burns, Oregon by other members of the so-called "Patriot Movement," including two of rancher Cliven Bundy's sons.

Rhodes explains how he believes the showdown at the Bundy Ranch differs from the current situation at Malheur. He claims the former resulted in stopping the "assassination" of the Bundy clan by federal officials, whereas, in the latter case, "I haven't seen any direct threat to anybody's life."

He describes one of the men holed up in the federal Oregon facility as "either insane or an agent provocateur who...wants to see violence," and another as a "loose cannon idiot who has a martyr complex." He suggests that Bundy's son Ammon, who helped lead the takeover in Oregon, is "naive" and "has people right there with him who are unstable, who may initiate violence."

"They want to go down in a glorious firefight," Rhodes warns about at least two of the individuals. "If they don't get that, it's entirely possible they might initiate it." And while the other Bundy son, Ryan, has reportedly said he was "willing to kill and be killed if necessary," in the stand-off, Rhodes rejects the idea that the men are "terrorists".

I also pressed Rhodes about critiques of his own organization, which has been described as "conspiracy theorists", "vigilantes", "rightwing extremists" and even "racists" at various times. Many have accused them and others in the Patriot and Militia Movements of looking to pick fights with the federal Government. I ask him why his group and others like it didn't come to the aid of the Occupy Movement when those peaceful protests were brutally crushed by local, state and federal officials back in 2011 and why they haven't been louder in opposition to the ongoing epidemic of police violence across the country.

We also discussed the claims made in a Rolling Stone feature article this week, charging that former Oath Keeper Sam Andrews was drummed out of the group for attempting to organize with African-Americans in Ferguson, MO. Rhodes calls Andrews a "liar".

As to the Bundys, Rhodes claims the family took advantage of his group back in 2014. "We didn't go there to get cattle back. We went there to keep the Bundy family from being murdered. They then took advantage of that situation and went and got their cattle back," he tells me. "They didn't say 'come help us with armed supporters to go get our cattle back'. That's not what they did. They said 'we're about to be murdered, come protect us'. And so Ammon Bundy has displayed the propensity to deceive people. And he's doing that right now [in Oregon.]"

There was a lot more in our spirited conversation --- we both agree, for example, about the outrage of "minimum sentencing" laws of the type at the center of the current dispute up in Oregon right now, as well as at the heart of the so-called "Drug War" --- but you'll have to give the full show a listen for complete details...

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

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