So what did you think we'd be talking about on today's BradCast? [Audio link to full program is posted below.]

On Sunday, Donald Trump's new Attorney General William Barr issued a four-page letter [PDF] summarizing the long-awaited, nearly two-year Special Counsel investigation by Robert Mueller into Russia's alleged interference in the 2016 Presidential election, Team Trump's cooperation in that effort, and Donald Trump's attempts to obstruct the probe. Mueller's effort resulted in some 35 indictments, including more than 20 Russian individuals and entities, as well as indictments, convictions or guilty pleas from six top Trump associates and staffers. It has also spawned a number of other probes and indictments, including what Barr describes as "several matters" referred "to other offices for further action."

Nonetheless, based on Barr's summary report, issued less than 48 hours after receiving what is likely to have been tens of thousands of pages from the Special Counsel, the White House, the President and his fellow GOPers are falsely characterizing the terse summary as reflecting Mueller's "complete and total vindication" of Trump. That, despite Mueller's express and specific finding (according to one of the very few passages directly quoted by Barr) that the Special Counsel's report "does not exonerate" Trump of obstruction of justice crimes. That did not prevent the White House from falsely describing Mueller's findings as "a total and complete exoneration of the President of the United States." That is the opposite of what little we know the report to have found.

If fact, while Barr claims Mueller's "investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities" (the matter which media, Democrats and Trump alike have long described as "collusion"), Mueller left the decision on whether to prosecute Trump on obstruction up to the Attorney General, according to Barr, for reasons that still remain unknown and will likely stay unknown until and if Mueller's report is actually publicly released. Congressional Democrats are justifiably demanding as much.

While we've shared no small measure of healthy skepticism over the years about what Russia did or didn't do during the 2016 election, along with what Team Trump's involvement with it may or may not have been, there is no legitimate question about Trump's attempt to obstruct Mueller's investigation of it, beyond whether or not the obstruction rose to something that was prosecutable or impeachable and whether a sitting President can be indicted under the DoJ's dubious guidelines which say he or she may not.

Of course, just about everyone seems to have an opinion about Barr's report on Mueller's report. But it should be made clear that everything we currently know is based only on Barr's own summary, compiled in less than 48 hours. It should also be made clear that Barr is wildly conflicted in this matter, as he "auditioned" for the job as Trump's new AG by sending an unsolicited 19-page memo [PDF] to DoJ last year explaining why he believed Mueller's probe was "fatally misconceived" and that, essentially, a President cannot be held criminally accountable for any "exercise of core discretionary powers within the executive branch." (That would include, for example, Trump's firing of FBI Director James Comey due to "the Russia thing," as he admitted out loud.)

That Barr and similarly-conflicted Deputy AG Rod Rosenstein were left to determine Trump's fate on this point --- and did so in less than 48 hours after a two year investigation --- is anything but what any American should consider to be "justice". But, as Mark Joseph Stern argues today at Slate, "William Barr Did What Donald Trump Hired Him to Do".

Today, we focus on the very few FACTS revealed by Barr's memo and open up our phone lines for listeners to offer a bunch of interesting takes on the events of the past 24 hours...and, as you might have guessed...even of the past three years...

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On today's BradCast: Some good reporting, some bad politics, and some accountability on the horizon. [Audio link to today's show follows below.]

Among the many stories worth your while covered on today's program...

• Democratic House Speaker Nancy Pelosi seems to take impeachment "off the table", just as she did back in 2006 during the George W. Bush regime, asserting this time that, "Impeachment is so divisive to the country that unless there's something so compelling and overwhelming and bipartisan, I don't think we should go down that path, because it divides the country. And he's just not worth it." It was a mistake during the Bush era, and its a mistake now. Perhaps not a political one --- at least as she and many Democrats may see it --- but a mistake for the nation and its long term well-being. We discuss and explain why;

• While he may (or may not) be safe from impeachment, Donald Trump's legal troubles are getting no better. New York state's recently elected Attorney General has now reportedly subpoenaed Duetsche Bank and other financial institutions related to a number of Trump projects where, according to recent testimony by his former personal lawyer Michael Cohen, Trump exaggerated his wealth on financial statements in order to fraudulently borrow money for real estate and other projects;

• Speaking of subpoenas, federal investigators are now said to finally be investigating Republican election fraud in North Carolina, where a GOP absentee ballot fraud scheme resulted in the nullification of last November's U.S. House election --- and a new one now scheduled --- in the state's 9th Congressional District. The State Board of Elections had requested a federal probe following apparent GOP absentee fraud in the 2016 election, but Trump's U.S. Attorney in NC appears to have ignored the request, paving the way for the same fraud scheme to be repeated during 2018 cycle. McCrae Dowless, the contractor who carried out the fraud, as hired by GOP candidate Mark Harris, has already been indicted on state charges. But Harris, so far, has escaped accountability at both the state and federal levels. His campaign has now been subpoenaed by the feds. Stay tuned;

• The Trump Administration evacuated the last of the remaining U.S. diplomats in Venezuela on Monday night, saying their presence in the country has become a "constraint" on U.S. policy there, whatever that may ominously mean. Top Trump officials have been threatening the administration of President Nicolas Maduro for several months since opposition leader Juan Guaido declared himself to be President of the nation in turmoil. Since late last week, power outages have crippled the country, with each side blaming the other and Maduro charging the U.S. has sabotaged the power grid with cyberattacks.
  
  But some excellent reporting by the New York Times over the weekend reveals, yet again, that many of the claims against Maduro being made by Trump Administration and supportive Republicans in Congress like Sen. Marco Rubio, are based on completely false information. On Sunday, the Times published a video report revealing that claims by Trump officials from National Security Advisor John Bolton to Sec. of State Mike Pompeo to Vice President Mike Pence and, yes, Rubio, charging that Maduro's forces set fire to aid trucks coming from Colombia are inaccurate. In fact, as the Times' unearthed video reveals, it was protesters in support of Guaido on the Colombian side of the border who caused the fires. This is just one more reason to be skeptical about Trump's intentions in the troubled South American nation (and media reports of same) as his own political fortunes worsen at home.
  
  And, in case you don't find Rubio wrong enough in his false claims about the aid trucks, just wait until you hear what the dumb cluck charged over the weekend regarding an explosion at the 'German Dam' in Bolivar State!;

• Finally, Desi Doyen joins us for the latest Green News Report, with news on the oil, gas and mining lobbyist Trump has now officially nominated to head the U.S. Interior Dept; news on Wyoming Republicans bailing out their coal industry; how Bernie Sanders was right about climate change and the media as long ago as 1989; and this Friday's plans for school children in more than 90 countries to strike in demand of action on climate change, thanks to the inspiration of Swedish teen climate activist Greta Thunberg...

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On today's BradCast, the heat continues to grow on the Trump Administration, as Democrats ramp up their oversight efforts after taking back a majority in the U.S. House. But, with another Presidential election around the corner, should they already be pursuing Articles of Impeachment, particularly with what we already know about Donald Trump's unprecedented crimes and corruption both before and after becoming President? [Audio link to full show follows below.]

But, first up today...A new report from Donald Trump's U.S. Treasury Department on Tuesday confirms that the Trump/GOP tax cuts have blown up the federal deficit to record levels. In the first four months of the budget year (which began in October) the deficit is up an astonishing 77 percent over the same period the previous year, thanks in no small part to a vast reduction in revenue on the heels of the tax cut, including a 23 percent drop in corporate taxes paid to the Government compared to last year. So much for the Republican repeated lie that their tax cuts would "pay for themselves!"

Then, on Wednesday, the Commerce Department followed up that news with the announcement that the foreign trade deficit has exploded, even after Trump's "American First" tariffs and trade wars that were supposed to shrink the imbalance with foreign nations that Trump has long (falsely) blamed for the loss of American manufacturing jobs. As a candidate, he described the U.S. foreign trade deficit as a "politician-made disaster" that he said he could "turn around fast". But his tariffs have only made things worse.

Moreover, as recently as this past weekend at CPAC, he repeated his line about "billions of dollars...pouring into our Treasury" due to his new tariffs on imported goods, but failed, as usual, to mention that those "billions" are paid by American consumers, not foreign nations. A recent study [PDF] found Americans are footing the entire bill for Trump's tariffs and that it is costing more for those in Republican-leaning counties. A separate study [PDF] from a different set of economists found that if Trump's tariffs somehow resulted in the creation of 35,000 new manufacturing jobs (the total number of jobs lost in the steel and aluminum industry over the past decade) they would still have cost tax-payers $195,000 per job.

Those, of course, are just some of Trump's failures as President. His high crimes and misdemeanors are another matter. With Democrats back in the majority in the U.S. House, oversight of the Executive Branch is finally beginning again. Trump and the White House and their TV operation called Fox "News", describe the Constitutional mandate oversight as a "fishing expedition", a "disgrace" and "PRESIDENTIAL HARASSMENT!" But, citing the House Judiciary Committee's request for documents from over 80 Trump associates or entities this week, our guest today, longtime Philadelphia Inquirer/Daily News national columnist WILL BUNCH, describes the effort as a "shadow impeachment".

He tells me the effort now underway in the House is "exactly like" the process we would see if Articles of Impeachment had already been introduced, but without Democrats having to use "the i-word". But will that process be enough to bring accountability, much less put the brakes on this out-of-control, unprecedentedly corrupt Presidency? Especially with the next Presidential election already baring down on us? A "shadow impeachment" that could become a real one is fine, but shouldn't we have a real one already? We discuss those questions and many others with Bunch on today's program.

Finally, speaking of long-overdue and much-needed federal oversight. Democratic leadership in the House Oversight and Reform Committee today sent letters [PDF] to Georgia's new Republican Governor and former Sec. of State Brian Kemp, along with new Sec. of State Brad Raffensberger, seeking documents surrounding the massive vote suppression that tainted Kemp's reported narrow victory in the Governor's contest over Democrat Stacey Abrams last November. Among the documents sought by the House Dems in their new investigation are those related to Peach State government actions to purge voters (1.4 million were removed from the rolls during Kemp's tenure as SoS), shut down polling places (200 have been closed since 2012); keep newly-registered voters off the rolls (the registrations of 53,000 disproportionately black voters were suspended under the state's so-called "exact match" requirement); the "sequestration" of un-deployed voting machines (which resulted in long lines on Election Day in three key counties); and other related concerns over which Kemp was sued (and lost) countless times while overseeing his own election last year.

All of that as both Kemp and Raffensberger are pushing hard this week to hoax state lawmakers into voting to spend at least $150 million on new, unverifiable touchscreen voting systems. Republicans are rushing through legislation this week in the state Senate to purchase the new computer-marked "paper ballot" systems, despite being virulently opposed by computer cybersecurity and voting machine experts who describe the new systems as unverifiable [PDF], unauditable [PDF] and vulnerable to hacking [PDF]. The experts recommend hand-marked paper ballot systems instead.

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That headline will make sense once you listen to the show. With the news "only" turned up to 11 today (as opposed to its usual 12 or 13), we're able to catch up on a whole bunch of important stories, breaking and otherwise, on today's BradCast. [Audio link is posted below.]

Among those many stories...

• Oregon U.S. Sen. Jeff Merkley, former NYC Mayor Michael Bloomberg and former Senator, Sec. of State and 2016 nominee Hillary Clinton all announce they will not be running for the Democratic Presidential nomination in 2020. That's mostly good news, as we discuss;

• A southern Indiana election board is considering using hand-marked and hand-COUNTED paper ballots in an upcoming local primary election. That's definitely good news;

• North Carolina's State Board of Elections announces the dates for the redo election(s) in the state's 2018 U.S. House race for the 9th Congressional District. The first one was nullified a week or so ago, due to Republican absentee ballot election fraud by a GOP contractor on behalf of the disgraced candidate and Baptist preacher Mark Harris. The Democratic candidate, Marine vet and businessman Dan McCready, has already announced he will be running again, and only one Republican, so far, has announced his intention to run in the do-over contest. That one candidate, Union County Commissioner Stony Rushing --- endorsed by Harris (ouch) --- turns out to be a real peach, as we explain with some help from Daily Kos' Jeff Singer;

• Also in NC, the judge who nullified two state Constitutional Amendments, one of which would have imposed disenfranchising Photo ID voting restrictions, stands by his recent ruling to nix the measures on the basis that the state legislature that placed them on the ballot had been "illegally constituted" by unlawful racial gerrymanders in several NC legislative districts;

• And, speaking of GOP election fraud, in Virginia, the criminal investigation into (now-former) Republican Rep. Scott Taylor and his paid campaign staffers who forged petition signatures to place an independent candidate on the ballot in 2018, continues. The GOP scheme, exposed before the election last year, included what a judge described as "out-and-out fraud" via forged signatures from people who had long ago died or moved. The failed scheme was meant by the Republicans to dilute the votes of Taylor's Democratic challenger, now-freshman Rep. Elaine Luria, in VA's 2nd U.S. House District;

• A huge majority of American voters now believe, 64 to 24%, that Donald Trump committed crimes before becoming President, with a smaller plurality believing he also has committed crimes since becoming President, according to new polling from Quinnipiac.

• Meanwhile, Trump characterized the new House majority Democrats' several burgeoning investigations into his and his associates myriad apparent crimes as a "big, fat, fishing expedition", "PRESIDENTIAL HARASSMENT!", "nonsense" and "a disgrace to our country" today. He charged the "real crime is what the Dems are doing." But, as we discuss today, the long, LONG overdue exercise of Congressional oversight into an unprecedentedly corrupt Presidency is anything but. We list an astonishing number of potential crimes now under the Democrats' microscope thanks to the House Judiciary Committee's massive document requests sent Monday to more than 80 Trump associates, family members, organizations and institutions. That, as we also note, is just the tip of the iceberg for what is still to come, thanks to voters who put Democrats back in charge in the House last November;

• Finally, Desi Doyen joins us for our latest Green News Report with tragic news out of Alabama, stupid news out of CPAC, and important news at the EPA and from the latest Democratic candidates entering the 2020 Presidential contest...

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The fight to block brand new, unverifiable (and, of course, hackable) voting systems continues as election officials in a number of jurisdictions (including some key Democratic-leaning ones) are rushing to implement them despite unambiguous warnings from experts and as the national media (after years of our own warnings) have finally begun to take notice.

But first, very quickly, some of the many news headlines from the weekend and today covered on today's BradCast. [Audio link to full show is posted below.]

• Former Attorney General Eric Holder announces he is not running for the 2020 Democratic Party Presidential nominee, but Colorado's two-term Governor and self-described "extreme moderate" John Hickenlooper declares that he will be joining the crowded field of mostly U.S. Senators;

• Bizarre extreme weather across much of the U.S. as one or more mile-wide "monster" tornadoes flattened parts of Beauregard, Alabama on Sunday, killing at least 23, including a still-unknown number of children, with dozens still missing;

• NBC reports the Pentagon is set to announce the U.S. is permanently ending annual large-scale joint-military exercises with South Korea and Japan following Donald Trump's failed summit with North Korean dictator Kim Jong-Un. The U.S. is, apparently, receiving no concessions from the North in return;

• Rand Paul became the fourth U.S. Senate Republican to say he will vote to block Trump's "national emergency" declaration, which diverts money military construction money allocated by Congress in order to build a southern border wall instead. Paul's vote, along with Democrats and a handful of other Republicans who have said they will also vote against Trump, would be enough for a majority in the Senate to pass the bill already adopted by the House. Donald Trump, however, has vowed to veto the measure;

• And, in far more embarrassing news for the President today, the U.S. House Judiciary Committee --- where any possible impeachment hearings would begin --- has requested a host of documents from more than 80 Trump officials, family members and organizations as it investigates impeachable issues of obstruction of justice, corruption and abuse of power by Donald J. Trump;

Meanwhile, our years-long attempt to wave a large, bright red warning flag regarding U.S. elections, especially in advance of 2020, continues today. But, over the weekend, I'm happy to say, we received a bit of help, finally, from the national media as Politico's Eric Geller ran a feature article summarizing some of the many warnings (see here [PDF] and here [PDF], for example) from cybersecurity and voting systems experts inveighing against new, touchscreen computer Ballot Marking Devices (BMDs) now being adopted or considered by jurisdictions around the country, including Georgia, Delaware, Philadelphia and elsewhere (including counties in Texas, Ohio and even here in L.A. County, the nation's largest voting jurisdiction.)

Officials are now rushing to adopt the new systems in advance of the 2020 Presidential elections. That, despite the mountain of evidence demonstrating that BMD systems cannot be reliably audited [PDF] after elections and will result in elections as faith-based and hackable-without-probability-of-detection as those on many of the older touchscreen systems they will be replacing. The boondoggle is set to be a bonanza for the private voting machine vendors, however, which stand to make hundreds of millions by forcing all voters at the polls to use unnecessary electronic systems, rather than much cheaper, verifiable, hand-marked paper ballot systems tallied by optical-scan computers or counted by hand.

Nowhere has the fight against these dangerous new systems been more contentious than in Georgia, where the state House has already voted, mostly along party lines, to move to the systems and as lawmakers in the state Senate are now on the brink of adopting the same bill, HR-316, as well. The measure would grant at least $150 million for the purchase of electronic touchscreen systems that produce an unverifiable, bar-coded (not human-readable), computer-marked "paper ballot" summary card which is no more verifiable than their 17-year old, oft-failed, easily-manipulated paperless touchscreen voting systems.

But, never mind that. The state's new Republican Governor and former Sec. of State (and infamous vote suppressor) Brian Kemp has long been pushing for such systems, as is his new successor, Republican Sec. of State Brad Raffensberger. A former official from ES&S, the nation's largest voting machine company, which will likely receive the contract to replace all current voting systems in Georgia, is also now said to be serving as Kemp's Deputy Chief of Staff.

We're joined again today by election integrity champion MARILYN MARKS of the non-profit Coalition for Good Governance with an update on the latest status of the battle in Georgia, where a Senate sub-committee held a brief hearing on HR316 on Monday. Marks, a registered Republican herself, reports in on the Peach State's partisan divide in this battle, with most Democrats and members of the public coming down against the new unverifiable systems and most Republicans and election officials pushing for them, contrary to the unwavering advice from cybersecurity and election experts offering a large and growing body of documented facts detailing the dangers of computer-marked BMD systems.

When I ask Marks how state lawmakers could possibly approve these systems, given all that is on the public record against them, she tells me: "They are working in a fact-free environment right now...The Republicans are rushing this through so fast. They know that this stinks to high heaven, that there is no logical reason anybody would choose this over hand-marked paper ballots, when the technology is so uncertain, the price tag is enormous, and no one will take time to let the experts speak" at public hearings.

"It's absurd, but right now they don't care about the facts," she insists. "They don't care about the money, either. The numbers that the are throwing out --- $150 million dollars --- the thing is going to cost far more than that, it's clear. Their numbers are wildly off. They are rushing headlong to do this deal --- the facts, the voters, be damned."

Why? Well, we discuss that --- and what you can do about it --- on today's program. But I will note, that Marks tells me that many other jurisdictions followed Georgia after they adopted touchscreens back in 2002. She feels that is likely to happen again now. "So, this is important to try to stop this here. Conversely, if we stop it here, then in a lot of other places, they will look really hard. If Georgia turned it down when they were this close, then I think it will help stop it in other places." For now, however, unless something changes, it's looking more and more like Georgia voters are about to be saddled for another whole bunch of years of election results that can never be verified as accurate. Unfortunately, they won't be the only ones...

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On today's BradCast: Some maddening facts about what awaits when Robert Mueller's Special Counsel report is handed over to the Attorney General and what will and won't likely be in it. [Audio link to show follows below.]

But, first up today...in "lighter" news...some followup to our detailed coverage yesterday of the remarkable events leading up to the unanimous 5 to 0 vote by the North Carolina State Board of Elections for a new election in the state's 9th Congressional U.S. House District. The action was in response to what the board described as a "coordinated, unlawful, substantially resourced absentee ballot fraud scheme" in last November's election by the campaign of Trump-endorsed Baptist minister Mark Harris. The decision followed on stunning surprise testimony against Harris by his own son at the Board's public hearings on the matter this week.

Among our follow-up coverage today: the (not-at-all-shocking if wildly-hypocritical silence from GOP "voter fraud" fraudsters who've made their living for years lying about phony fraud to encourage laws that suppress the Democratic-leaning vote, while hoaxing Fox "News" brain-addled clowns like Donald Trump into believing there's an epidemic of Democratic voter fraud, rather than the insider election fraud which can easily flip the results of an entire election --- as seen in North Carolina. It was also nice to hear the NC Democratic Chairman finally explain the difference between "voter fraud" and "election fraud" to NPR's Steve Inskeep on today's Morning Edition. We'll see if NPR can remember that difference in the future.

And, speaking of GOP hypocrisy, long-time Trump-supporting billionaire and New England Patriots owner Robert Kraft was charged today by Florida police for two instances of soliciting prostitution, as he was caught amidst a probe into human sex trafficking. Ironically enough, human trafficking has long been disingenuously used by Trump to support his "National Emergency" declaration to steal money from the military for use in building his border wall with Mexico. The news of the warrant for Kraft's arrest today raises a panoply of interesting issues which Desi and I take a few minutes to discuss.

Then, with several media outlets reporting this week that a report from Special Counsel Robert Mueller may be coming as soon as next week (and, at least one outlet today reporting that's not so), the question of what happens whenever that report is finally delivered to the Attorney General is coming to the forefront.

My guest today, Professor STANLEY M. BRAND, Distinguished Fellow in Law and Government at Penn State University, recently argued in a column at The Conversation that those hoping the public may see this report after it's turned over, by statute, to Trump's newly-minted AG William Barr may be in for some disappointment. Brand, who formerly served for eight years as General Counsel to the U.S. House, now teaches a course on the Independent Counsel at Penn State, explains how it differs from the Special Counsel statute that replaced it after the Clinton era. He suggests the public may never see any of Mueller's "confidential" report.

More frustratingly, he tells me why he believes that Mueller is unlikely to indict the President or recommend such an indictment and how the by-the-book prosecutor is similarly unlikely to recommend impeachment in his report. Unlike the old Independent Counsel statute in effect under Nixon and Clinton, the new statute, he explains, as written by a Democrat, is limited to criminal matters only (not legislative matters such as impeachment) and requires Mueller largely to issue a "confidential" report with little more than details on who was prosecuted and who was not, and what, if any, actions were blocked by the Attorney General overseeing the probe. What Barr then does with that report, he explains, is a separate matter.

Brand, who says he has worked with both Mueller and Barr in the past, says "you may see portions of it, or you may see selected excerpts, or representations of what it contains, if Bill Barr --- and I take him at his word --- wants to be as transparent as he can within the rules and regulations."

In somewhat more comforting comments, he also contends, in response to my query about the curious timing of Barr being seated just days before news (accurate or not) of the report's imminent release: "I have no notion why it's wrapping up --- if it is --- at this particular point, but I have confidence that, if it is wrapping up, it's because Mueller has decided he's finished." He adds, "Nobody is going to push Bob Mueller around. So if there's a conclusion to this, it's because Mueller has determined in his judgment that it's time and he has no further actions to bring."

Brand also offers his insight on whether Mueller would testify to Congress, if subpoenaed, about what was in the report if it's not released to the public or even to Congress. The central frustration at the core of this conversation, at least for me, is that Brand essentially argues that Mueller can't indict Trump (thanks to very debatable, if long-held DoJ "guidelines") and wouldn't cite evidence of impeachable offensives in his report, since that is not part of the new statute's mandate, as written in the wake of "excesses" under the old statute.

"Leon Jaworski, who was the Independent Counsel in the Nixon case, decided that he had sufficient evidence to indict but determined it was not something he should do, given the ongoing investigation into impeachment by the House of Representatives," Brand explains. "Ken Starr, for his part, determined that he could indict a sitting President but determined as a matter of discretion not to do that, because the statute provided a specific mechanism for referring that type of evidence to the House for impeachment, which he did, and which resulted in an impeachment proceeding of President Clinton."

But now, If Mueller can't indict or recommend impeachment, how is this current process supposed to bring accountability for a scofflaw President? There is a lot more to dig into in our discussion, as maddening as it may be at times. It does, however, raise the clear need for a long-overdue Congressional Hearing in the U.S. House Judiciary Committee into whether a sitting President can, under the Constitution, be criminally indicted (a hearing that would, on its own, likely bring some accountability for our current Executive). It also raises the question of why the hell Democrats are waiting for the Mueller Report to be issued before taking action to bring accountability through impeachment, especially since even they may never see this report! If not this President, then what President would ever merit impeachment proceedings in Congress?!

Finally, Speaker Nancy Pelosi has announced that a vote will be held in the U.S. House on Tuesday to block Trump's "National Emergency" declaration under the National Emergency Act. It'll likely pass in the Democratic-controlled House, but what are its chances in the GOP Senate, which much also hold a vote within 18 days of a resolution being adopted by the House? And, will EITHER chamber be able to overcome an almost-certain veto by the President?

That all remains to be seen, but satirist Randy Rainbow has a few musical thoughts on Trump's "Border Lies" to play out us out today at the end of another impossible week...

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On today's BradCast, I'm in for Brad and Des, dropping by from my own show, In Deep with Angie Coiro.

Today's Rose Garden press conference was drenched in irony: a faltering, incoherent, angry man declaring a "national emergency", even as he demonstrated that he's the crisis. Donald Trump yelled at reporters to sit down, fell into sing-song whimsy, showed off his version of a Chinese accent, repeated phrases when he lost his train of thought, wielding terrifyingly grown-up powers with the gravitas of a toddler in a man's suit.

Fortunately, enough roadblocks will be thrown down --- by Reps AOC and Castro, by Nancy Pelosi and Chuck Schumer, by the ACLU, and presumably by property owners along the proposed wall sites --- that he should be kept busy and irritated for some time. The taxpayer money wasted will be appalling.

Republican former Massachusetts Governor Bill Weld appears willing to throw himself atop the bomb: he says he may primary Donald Trump. He minced no words -– I mean, he was stunningly straightforward -– in criticizing his fellow GOPers, who he said exhibit all the signs of Stockholm Syndrome(!). Someone needs to step up, he says. He even hints that he's willing to act as a spoiler to damage Trump in the general.

Plus the latest on Facebook, Amazon, and what tech campuses have to offer their neighbors.

Finally, my guest JOEL SIMON of the Committee to Protect Journalists. His new book, We Want To Negotiate, makes a compelling case that both the US and Britain need to re-examine their "we don't negotiate with terrorists" policies. His research puts the lie to a lot of assumptions, for example, that to pay ransoms will encourage more kidnappings. It makes sense on the face of it, but --- wrong.

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On today's BradCast: Some encouraging news for democracy (at least in Georgia), some predictable lies from the Senate Majority leader, a gentle rebuke for Trump from both parties, and a call for intervention from the Senate Minority Leader, among other things.

Just some of the many stories covered on today's program...

• Georgia Democrat and potential U.S. Senate candidate Stacey Abrams, who will be giving the Democratic response to the State of the Union Address on Tuesday, is set to run a television ad during Sunday's Super Bowl in Atlanta with a north Georgia Republican County Commissioner calling for HAND-MARKED paper ballots in the state!
  
  The ad is sponsored by Abrams' non-partisan voting rights organization Fair Fight, formed after Abrams is said to have very narrowly lost her contest to become the nation's first African-American female governor last November to Republican Secretary of State and champion vote suppressor Brian Kemp. Both he and his GOP successor are now calling for the state's 100% unverifiable touchscreen voting systems to be replaced with new, very expensive and also 100% unverifiable touchscreen systems that produce computer-marked, human-unreadable barcoded ballot summary cards, rather than hand-marked paper ballots which computer science and voting systems experts all agree [PDF] to be the most secure, auditable and overseeable way to carry out elections;

• In the U.S. Senate, Republican Majority Leader Mitch McConnell offered a huge lie about the Democrats' "For the People Act" (HR-1), recently introduced in the U.S. House to call for a series of major election reforms. Among the many provisions in the measure --- such as universal automatic voter registration, expanded early voting, ending partisan gerrymandering and yes, ensuring a HAND-MARKED paper ballot for every voter --- it also seeks to declare Election Day as a federal holiday. Naturally, McConnell lied about what the bill calls for on that point, and absurdly describes the measure as a "Democrat power-grab". We respond;

• Also in the U.S. Senate, Democratic Minority Leader Chuck Schumer sent a letter to Trump's Director of National Intelligence Dan Coats calling for him and the other Administration Intelligence Chiefs to "stage an intervention" with the Commander-in-Chief, after Donald Trump described his own top intel officials on Wednesday as "wrong", "naive" and needing to "go back to school!" on a host of foreign policy issues. Trump's remarks came in response to the Intelligence Community's new annual "Worldwide Threat Assessment" PDF. The report, and Senate testimony from the chiefs about it on Tuesday, argues that Trump is essentially wrong on everything from North Korea, to Iran, to ISIS to Syria and Afghanistan, and on his claims about an imagined "national emergency" at the U.S. -Mexico board.

• But if Schumer really wants to "stage an intervention" with this President, his Democrats in the Senate and House could be calling for an immediate Impeachment inquiry. As detailed by Ernest Canning at BradBlog.com this week, the Nixon impeachment process reveals that it is both unnecessary and, arguably, unwise for Dems to wait for a report from the Special Counsel investigation before exercising their Constitutional duty;

• Also today, Republicans and about half of Senate Democrats passed an amendment that (gently) rebukes the President by calling for U.S. troops to remain in both Syria and Afghanistan, in contrast to Trump's recent military directives;

• An upside to the recent federal government shutdown? A beach in Northern California that had been closed will remain closed, because elephant seals have taken it over;

• And, finally, Desi Doyen joins us for the latest Green News Report, with updates on the record bone-chilling --- and deadly --- Polar Vortex cold snap in the Midwest and Northeast, evidence that Trump's intervention in Venezuela is, of course, all about oil, and some good news out of Germany which is now on its way to quitting coal entirely...

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The time for the U.S. House of Representatives to initiate an inquiry into the question of whether President Donald J. Trump should be impeached is now.

Those, who suggest that the U.S. House of Representatives should await a formal report from Special Counsel Robert Mueller before passing a resolution that would authorize the House Judiciary Committee to initiate an impeachment inquiry, ignore both the U.S. Constitution and historical precedent.

The same is true with respect to those, who suggest that percipient witnesses, like Michael Cohen, could, when appearing before Congress, refuse to answer questions if those questions touched upon the same subject matter that is a topic of Mueller’s investigation...

We pick up on today's BradCast, somewhat near where we left off on Friday, following BuzzFeed News' blockbuster report charging that Donald Trump directed his former attorney Michael Cohen to lie to federal investigators in order to obscure their work on a project to build a Trump Tower in Moscow even as Americans were voting during the 2016 Presidential election. [Audio link to today's show is posted below.]

The explosive reported allegations that the President of the United States had suborned perjury led to calls on Friday for Trump's impeachment, only to be dampened by a very rare --- and very carefully worded --- response from Robert Mueller's office, disputing "Buzzfeed's description of specific statements to the Special Counsel's office" and the "characterization of documents and testimony obtained by this office."

My guest today, legal and national security journalist MARCY WHEELER of Emptywheel, says those words were carefully selected by Mueller's office and for a very specific reason. Given all the confusion following both the report and Mueller's unusual statement late last week --- not to mention conflicting remarks from Trump's TV lawyer Rudy Giuliani over the weekend --- Wheeler helps us try to make sense of what is now known and unknown on all of this, why Mueller's office chose to speak out in response to it, and whether or not he was encouraged to do so directly by Deputy AG Rod Rosenstein, the White House or someone else on Trump's legal team.

"Buzzfeed offered some particular details that match exactly with details that Mueller has offered," Wheeler explains, while noting that the news outlet "made a news claim that Trump had ordered this lie. What Mueller is pushing back against is a legal claim." She tells me how the two interests are different, even as they may be describing much of the same events and documentation.

Moreover, she argues, "there's abundant evidence that Trump has ordered people to lie, and that subsequent to his orders to tell lies, his people have continued to tell those lies...and that's illegal. That should be a no-brainer and the press needs to start telling that story."

Wheeler, who has long been covering all things related to the Trump/Russia probe as close --- or closer --- than virtually anybody in the nation, offers much insight today on all of the above, including details on Buzzfeed's sourcing for their report (which they continue to stand by "100%"), based on information from two unnamed "federal law enforcement officials involved in an investigation of the matter," as well as "multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."

Also today, the U.S. Supreme Court, in a 5 to 4 vote, allows Trump's ban on transgender members of the military to move forward, even as ongoing cases in several lower courts have blocked his cruel directive, and even as at least one legal obstacle remains.

In slightly more encouraging --- and certainly less cruel --- news from SCOTUS today, despite pleas from the Administration the Court made no announcement of plans to hear argument on any of the many ongoing lower court cases challenging Trump's reversal of the Obama-era Deferred Action for Childhood Arrivals (DACA) program. Obama's DACA order was meant to help prevent the deportation of more than a million undocumented immigrants brought here by their parents as children many years ago. Should the Court decide to hear one of the cases, it would now most likely not happen until the session that begins in October, with an opinion coming months later. Temporary protection under DACA for so-called "Dreamers" was used over the weekend as an attempted bargaining chip by Trump, as part of an offer to Democrats in exchange for the $5.7 billion he has demanded for a border wall, leading to the longest (and still ongoing) federal government shutdown in U.S. history.

And, finally today, Desi Doyen joins us for the latest Green News Report, with news on the tragic pipeline explosion in Mexico over the weekend, toxic coal ash groundwater contamination discovered in 22 states, and how the government shutdown is setting the table for a dangerous wildfire season, even as its temporarily protecting aquatic wildlife from seismic testing during offshore drilling exploration in the Atlantic...

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On today's BradCast, good news for voters in Wisconsin and Michigan, not nearly as good news for Donald Trump. [Audio link to show follows below.]

First up today, the White House is desperately scrambling for new distractions from Trump's unpopular, nearly month-long federal government shutdown and, of more pressing import for the President on Friday, an explosive report published Thursday night by BuzzFeed News. The otherwise uncorroborated article alleges that Trump instructed his former personal lawyer Michael Cohen to lie to federal investigators about the Trump Organization's proposed deal to build a Trump Tower in Moscow. The story cites two unnamed sources as "federal law enforcement officials involved in an investigation of the matter" and claims that Special Counsel Robert Mueller's office learned about the directive "through interviews with multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."

Cohen has admitted to lying to Congress and federal investigators about a number of matters and was sentenced last November to three years in prison after cooperating with Mueller's probe. If the story proves true that Trump instructed him to lie about the project --- which was reportedly still being worked on by Trump through June of 2016, much later than he had initially admitted --- it would, according to Democrats today, amount to evidence of the subornation of perjury as well as obstruction of justice, both impeachable offenses.

We also share the reaction today from Trump and the White House, neither of which denied the reporting initially, choosing to attack Cohen and BuzzFeed instead. Later, Trump's attorney Rudy Giuliani asserted that "Any suggestion --- from any source --- that the President counseled Michael Cohen to lie is categorically false." [POST-SHOW UPDATE: In a rare and carefully worded statement issued late Friday evening by Mueller's office, after we got off air, they disputed BuzzFeed's "description of specific statements...and characterization of documents and testimony obtained" by the Special Counsel.]

In other news today, a federal judge in Wisconsin on Thursday made short order of a challenge to new limits on Early Voting and allowable polling place IDs in the state after Republicans rammed through new restrictions during an extraordinary lame-duck session of the legislature last December, following Governor Scott Walker's re-election loss in the November midterm election. Thanks to heavy turnout, including record Early Voting numbers, Democrats won every statewide contest on the ballot and 54% of the votes for the State Assembly. But, thanks to partisan gerrymandering by state Republicans, they won only one third of its seats.

In a terse, 5-page ruling [PDF] on Thursday, U.S. District Judge James Peterson ruled it was "not a close question" that the GOP's newly enacted voting restrictions were an unconstitutional violation of voting rights, just as he had found nearly identical provisions to be, as passed by GOP lawmakers in 2016.

We're joined today by ANALIESE EICHER, one of the named plaintiffs from One Wisconsin Now's lawsuit challenging both the 2016 law and the late 2018 lame-duck version which Walker signed just days before leaving office. In addition to that court victory on Thursday, the non-partisan group had another on Friday, when a different court ruled that Republican lawmakers were in violation of the First Amendment by blocking the organization and others on Twitter. (Heads up, Alabama Sec. of State John Merrill!)

In neighboring Michigan, the new Democratic Sec. of State Jocelyn Benson announced she was seeking a settlement with Democratic challengers to the legislative and Congressional districts drawn by Republicans in that state. The previous Sec. of State, a Republican, was preparing to defend what Dems describe, with very good evidence, to be an extreme and unconstitutional partisan gerrymander after the 2010 Census. (One such piece of evidence are emails from GOP lawmakers discussing districts mean to "give the finger" to a former Democrat Congressman, and to "cram ALL the Dem garbage" into four districts so Republicans could control more seats across the state.)

A settlement with the newly seated SoS could result in new district maps drawn before the 2020 election. Last November, MI voters approved a ballot initiative that would put an independent redistricting commission in charge of drawing maps following the 2020 Census.

Finally today, we're sent off into the weekend with a pretty hilarious song about Donald Trump's wall, courtesy of satirist Randy Rainbow...

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On today's BradCast: The Trump Presidency feels as if it is now in free-fall. Is it? [Audio link to show follows below.]

But, first up today, a federal judge in Washington D.C. (the same judge involved in Tuesday's dramatic sentencing hearing of Donald Trump's disgraced former National Security Adviser, Michael Flynn) declared the Trump Administration's new policy of rejecting asylum claims made on the basis of domestic abuse and gang violence to be a violation of the law. We discussed then Attorney General Jeff Sessions' cruel new policy guidance on this matter after it was announced back in June with Karen Musalo, a longtime immigration rights attorney who told us, at the time, that the Admin's new policy was in violation of the law. Turns out she was right, according to today's federal court ruling, which is just the latest legal and/or political blow to Donald Trump's efforts to harden immigration policy in the U.S.

His failed policies on that and much more --- all eagerly supported by his Republican Party over the past two years --- resulted in last month's midterm elections "blue wave", when Democrats picked up an historic net gain of at least 40 seats in the U.S. House to take majority control in January. But the GOP losses were also felt at the state level around the country, including in formerly "deep red" Kansas, where voters elected a Democratic Governor and rejected a number of Republican state lawmakers. This week, things are getting worse for Kansas Republicans as a new wave of party defectors has resulted, so far (more may be on the way), in three elected Republicans in the state legislature (all women, by the way) flipping their allegiance to the Democratic Party in advance of next month's new legislative session.

Given the revelations and dramatic sentencing hearings related to various state and federal investigations into the unprecedented corruption of Donald Trump, his campaign, his businesses, his family and his Administration over the past week, things are likely to get much worse for Republicans before getting better any time soon.

On that matter and more, we're joined today by HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo to discuss what is now beginning to feel like a Presidency that is falling apart by the day, if not the hour, particularly following Tuesday's dramatic sentencing hearing of Flynn and last week's sentencing of Trump's former lawyer Michael Cohen, who implicated the President as "directing" a felony hush-money payoff conspiracy carried out just before the 2016 election, in clear violation of campaign finance laws.

All of that, as Trump and his associates and family are now facing criminal investigations and/or prosecutions at both the pardon-proofed state level and in Special Counsel Robert Mueller's probe of the Trump Campaign's alleged coordination with Russia and his own obstruction of justice. As usual, Parton offers her keen observations as the investigations continue to quickly close in on the President, describing all of this as "the most serious political crisis we have ever had," outside of wars, while adding the understated obvious: "It's not good to have a criminal and a con man in the White House."

We discuss, among many other things, Tuesday's astonishing Flynn hearing which went off the rails, and the judge's curious references to "treason"; whether or not there is a "grand conspiracy" at the heart of the Russia matter resulting in the seemingly inexplicable number of lies being told by Trump and his associates about their various contacts with Russians; whether Trump will be able to withstand the ever-increasing pressure of the probes; how his wingnut fans and media supporters are (often hilariously) still trying to justify it all as a partisan "hoax"; and what Democrats will (or, at least, should) do in response once they take over the House majority next month...

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So long as there is a prospect for the issuance of a pardon by a Vice President once he/she becomes President, or the expiration of the statute of limitations while a President remains in office, the indictment of a sitting President may be the "only" constitutional means for ensuring "Equal Justice Under Law".

That conclusion, of course, is at odds with the official U.S. Department of Justice (DoJ) position that a sitting President cannot be indicted until after he/she leaves office. The DoJ's position is based upon the December 10, 2000 Opinion issued by the DoJ's Office of Legal Counsel (OLC), citing an earlier OLC opinion that "the institution of criminal proceedings 'would interfere with the President's unique official duties, most of which cannot be performed by anyone else.'"

But that position is flawed and is being challenged by a number of legal scholars, including Harvard Law Professor Laurence Tribe, a preeminent constitutional expert, whose famous former students include Supreme Court Chief Justice John Roberts and President Barack Obama.

In a December 10 Boston Globe op-ed and during a subsequent appearance on MSNBC's Last Word with Lawrence O'Donnell (see video below), Tribe noted that the long-controversial OLC opinion lacks the force of a judicial precedent and is at odds with the legal accountability required of all federal officers, including the President...

On today's BradCast: If you think the way the Republican Party has rigged and stolen the U.S. Supreme Court is appalling, just wait until you see what they're trying to do of late at a few of the state Supreme Courts! [Audio link to show is posted below.]

But, first up today: Donald Trump says the Crown Prince of Saudi Arabia told him he had nothing to do with the disappearance --- and, likely, murder --- of Washington Post journalist, Saudi citizen and U.S. resident Jamal Khashoggi at the Saudi consulate in Turkey. The Prince's word appears to be good enough for Trump, who went on to compare the situation to the allegations of sexual assault against now-U.S. Supreme Court Justice Brett Kavanaugh

Meanwhile, the midterm elections are now exactly three weeks away and early voting got underway on Monday in Georgia where, you'll be shocked to learn, it didn't go well. After our previous coverage of ongoing racially disproportionate voter suppression schemes under the command of GA Sec. of State and Republican gubernatorial candidate Brian Kemp (who is in a tight election contest with Democrat Stacey Abrams), and after very serious and years-long concerns about their completely unsecure, wildly hackable, and 100% unverifiable touchscreen voting systems, it appears that the electronic pollbook systems failed across Fulton County (Atlanta) on the first day of early voting.

In not entirely unrelated news, the GOP appears to now be a wholly owned subsidiary of Las Vegas billionaire Sheldon Adelson.

Then, we move to some of the insanity of several attempted state Supreme Court coups this week with Slate's legal reporter MARK JOSEPH STERN. Stern joins us to detail both some good news from the Florida state Supreme Court, regarding that state's Supreme Court, and an apparent Constitutional Crisis in West Virginia after a decision by that state's Supreme Court, regarding their state Supreme Court. If it all sounds nuts, it's because it is.

First, in Florida, outgoing Republican Gov. Rick Scott had vowed to name three new Justices to the Court, even though the Democratic-appointed Justices he planned to replace will not be vacating their seats, because of term limits, until after Scott officially leaves office in January. Stern reports the largely good news --- with a caveat or two --- regarding the Sunshine State's Supreme Court's unambiguous ruling last week that will leave the job of appointing three new Justice to Scott's successor instead (who will be either Democratic gubernatorial candidate Andrew Gillum or Republican Ron DeSantis, depending on how things go on November 6th.)

Then, things get far crazier at the West Virginia state Supreme Court, where the Republican state legislature, along with Republican Gov. Jim Justice, have been attempting a coup by impeachment of all five Justices on the state's 3 to 2 Democratic-majority Court. This story has more jaw-dropping twists and turns in it than I can possibly describe here --- including five temporary replacement Justices determining that at least one of the impeachments was unconstitutional under state law and the GOP-majority state Senate which hopes to move forward with a trial anyway...if only they could only find a Justice willing to preside over it, as required by the state Constitution.

Just tune in for the insane details on how, as in Florida, West Virginia Republicans are doing anything and everything they can to blatantly steal a Democratic-majority high court.

And, as if that's not enough, Stern then reports on the wildly hypocritical decision by the U.S. Supreme Court last week that will leave a new voter suppression law --- enacted by North Dakota Republicans --- in place for the November midterms. The ruling effectively changes the state's election law at the last minute before this year's general election and is likely to disenfranchise thousands of Native American voters. The ruling threatens to undermine this year's re-election chances of Democratic Sen. Heidi Heitkamp, who won her previous election in 2012 by just 3,000 votes, and could assure Republicans hold their control of the U.S. Senate along with it.

Yes, elections and Supreme Courts --- be they at the federal or state level --- matter!

Finally, Desi Doyen joins us for the latest Green News Report, as the long road to recovery begins and the death toll increases after the catastrophic Hurricane Michael, and as a bought-and-sold Republican Party --- from Marco Rubio in Florida to Donald Trump in the White House --- continue to deny the deadly and costly impacts of climate change on behalf of their fossil-fueled corporate owners...

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On today's BradCast, I’m your guest host --- Angie Coiro, of In Deep with Angie Coiro --- while Brad and Desi are on the road.

I’m glad to have JODI JACOBSON on hand, from Rewire.News. Like me --- and like you, maybe --- she watched the whole Brett Kavanaugh circus today, and shares her impressions with us. She’ll be back again tomorrow.

Speaking of Rewire, this story posted there late today is deeply affecting. Watching Dr. Christine Blasey Ford’s life get shredded, five Congresswomen spoke up to publicly identify themselves as victims of sexual assault or domestic violence. Rep. Alma Adams of North Carolina said so very simply that this is "just part of her job representing her constituents."

This hour I present to you the contrasting statements of the accuser and the accused. A tentative but strong, conciliatory and polite woman (asked about taking a break, she replied "Does that work for you? I’m used to being collegial."), and an angry, bellowing, interruptive, hostile nominee for a lifetime position on the U.S. Supreme Court. As Brian Behar tweeted: "Can you imagine what the reaction would've been if Dr. Ford had behaved even half as hysterically as Brett Kavanaugh or Lindsey Graham?"

Speaking of Twitter: you’re welcome to view my analysis of Brett Kavanaugh’s tell-tale face. I tweeted that thread before he took his seat at the hearing; then, every time I glanced at his face, it only confirmed for me his wrath at having his power, privilege, and entitlement questioned in the slightest. I guarantee you: countless women have seen that face in the worst of all possible circumstances, and you never forget it.

Until tomorrow, then...

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