THIS WEEK: Lots of Santa ... Lots of Naughty ... (And a Little of Bit Nice) ... Hark! The tooning angels sing! Glory to this year's collection of the best Hanuchristmaka toons!...
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Guest: Joshua A. Douglas on voting laws, Presidential powers; Also: House panel to release Gaetz report; Trump plans for reversing Biden climate, energy initiatives...
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Firefighters struggle to contain Malibu wildfire; Planet getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...
We begin today's show with a review of the non-stop news from the past 24 hours, including the release of the not-a-transcript of the July 25 phone call between Trump and Ukraine's president, a rambling Trump at the UN blaming everyone else for his troubles, and the whistleblower report has been delivered to Congress.
And author, journalist and American ex-pat DENIS CAMPBELL checked in from Wales, UK to fill us in on the madness surrounding Brexit, Boris Johnson and the general turmoil in Great Britain.
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
On today's BradCast, I’m in for Brad and Desi – Angie Coiro, of In Deep with Angie Coiro. Continued love and good wishes to Brad and Desi – and thanks to you all for making Nicole and me so welcome during their time off!
Of course Nancy Pelosi’s announcement of impeachment proceedings are the big story, but there’s a lot else going on – including what that move could mean for gun control. Lots of news stories wrapped into today’s round-up.
In the midst of all this, the Toddler in Chief still had the bandwidth to snark Greta Thunberg upside the head, and to sic the EPA on California again. On that latter point – my guest today is DR. JUSTIN FRANK. He’s the psychoanalyst behind the books Bush on the Couch, Obama on the Couch, and now Trump on the Couch. His insights into the man to whom no laws apply are intriguing.
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
On today's BradCast - guest hosted by moi, Angie Coiro - we hear from the worst and the best of human beings: first Corey Lewandowski then SHANNON WATTS.
Lewandowski worked very hard to smarm and smirk a House committee into submission, as they probed the possibility of impeaching Donald Trump. Arguably, he had the upper hand until Barry Berke took the mound. Then the façade began to crumble. Check out my analysis.
The news roundup reveals a very surprising – as in, compassionate and sensible – proposal from a Trump advisor. Advisory: don't hold your breath waiting for Trump to jump on it.
A jarring new public service announcement from the folks at Sandy Hook Promise – which leads into a long-form interview with Moms Demand Action founder SHANNON WATTS. Sadly, the interview called for bodyguards for Shannon and bag searches for attendees. She is one incredible human being.
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
The weekend brought us another avalanche of news in the Trump Era. As usual, we try to catch up by focusing on the stories that actually matter. But, even at that, we couldn't get to half of what we'd planned for today BradCast. But we did have time for a bunch of great callers. [Audio link to show is posted below.]
Among the many stories we cover today that they were calling in to comment on...
A federal judge has restored a nationwide injunction to block the Trump Administration's likely-unlawful new policy that bars asylum to migrants who travels to the U.S. through another country before entering the U.S.;
Former GOP Governor and Congressman Mark Sanford of South Carolina becomes the third major Republican candidate to announce his intention of running against Donald Trump for the party's 2020 Presidential nomination, after previously describing Trumpism as "a cancerous growth" and charging the Republican Party has "lost our way". His long-shot bid, joining former MA Gov. Bill Weld and former IL Rep. Joe Walsh, will be made all the more difficult now that the Republican Party in South Carolina, along with those in Nevada, Kansas and Arizona, have cancelled the GOP caucuses and primaries in those states for 2020 at the behest of our thin-skinned, cowardly, unfit President;
Next door in North Carolina, it now appears to be full-speed ahead for Tuesday's two U.S. House Special Elections which were imperiled for a time by Hurricane Dorian. While the storm resulted in some cancelled Early Voting days last week, most of those hours were made up with extended hours over the weekend, leaving Democrats with a larger share of the early vote in the 9th Congressional District than they even had during early voting in last November's "Blue Wave" election. The Republican candidate reportedly "won" that race by about 900 votes in a district held by Republicans since the 1960s. But the election was never certified after revelations of a massive GOP Absentee Ballot Election Fraud scheme. Both Donald Trump and Vice President Mike Pence are in the 9th district on Monday night, with two separate rallies, for far-right GOP State Senator Dan Bishop in the do-over race against centrist Democrat Dan McCready. The contest is currently being characterized as a toss-up and is being regarded as a bellwether for the 2020 elections. The other race, in NC's 3rd Congressional District is to fill the seat of the late Republican Rep. Walter Jones in an even more "red", if Hurricane Dorian-battered, district on the state's coast;
And in D.C. today, Trump declared that year-long peace talks with Taliban officials and the Afghan government are now "dead". That, after Trump revealed his cancellation of a secret meeting that had been set with Taliban officials this week at Camp David --- on the week when the nation commemorates the 18th anniversary of 9/11 while the nation's longest war (in response to it) continues on with no end in sight despite campaign promises from Trump to end it;
We also briefly reference the plan announced today by Democrats on the U.S. House Judiciary Committee to hold a formal vote this week to officially begin their impeachment inquiry of Donald J. Trump before opening up our lines to callers on all of the above and more.
Among the additional topics on listeners minds today: The Democratic Presidential primary and the likely-disastrous move by Los Angeles County to replace its hand-marked paper ballot voting system with an ill-considered and 100% unverifiable touchscreen voting system (pictured above) before the 2020 Presidential elections. The new system (pictured above) was developed by its brainchild, L.A. County Registrar-Recorder/County Clerk Dean Logan, who now refuses to appear on the show or answer our questions about the new, still uncertified system, as he used to. He calls it Voting Solutions for All People or VSAP. As one caller notes, the new system is shamefully being supported by the L.A. County Board of Supervisors. One of them, longtime Democratic Supervisor Janice Hahn, has been (mis)representing the new system as an "exciting" "upgrade" from the previous system, despite the fact that the computer-marked "paper ballot" summaries the new system produces can never be known to reflect any voter's intent after an election in the nation's most populous voting jurisdiction. Similarly unverifiable touchscreen systems are being implemented in Pennsylvania, Georgia, Texas and other key states before the 2020 election, despite warnings against electronic Ballot Marking Devices from world-class cybersecurity and voting systems experts...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Guest: Rep. Hank Johnson (D-GA) 'hopes' newest SCOTUS Justice was 'completely forthright with U.S. Senate during confirmation', says House Judiciary 'proceeding in the nature of an Impeachment Inquiry' on Trump; Also: Prez uses visits to Dayton, El Paso to attack Dems...
Hey! Remember Brett Kavanaugh? The Donald Trump SCOTUS appointee who demonstrably lied during his sworn U.S. Senate Confirmation hearings last year before Republicans voted to ram him through to a lifetime appointment on the highest court in the land, anyway? Yeah, we do too. Thankfully, so does our guest on today's BradCast who, as a member of Congress, can actually maybe --- just maybe --- do something to finally bring some accountability there. And, according to a letter signed by him and House Judiciary Committee Chair Rep. Jerry Nadler (D-NY) on Tuesday, there is now evidence that they intend to try and do just that! [Audio link to full show is posted below.]
But, first up today, NBC News nailed it in a headline we saw only after getting off air today: "Trump turns day of grieving for shooting victims into day of grievances". That about sums it up. On Monday, in a scripted teleprompter speech, the President responded to the two weekend gun massacres that took the lives of at least 31 in El Paso, Texas and Dayton, Ohio by asking Americans "to set destructive partisanship aside...and find the courage to answer hatred with unity, devotion and love". But, just over 24 hours later, he began to unleash various attacks on Democrats Beto O'Rourke, Ohio Sen. Sherrod Brown, Dayton Mayor Nan Whaley, former Vice President Joe Biden, and even managed to tie Senators Bernie Sanders and Elizabeth Warren somehow to the shooter in Dayton. All of that before, during and after what were supposed to be Presidential visits to the two recovering cities, intended to console them and help ease their pain after the twin tragedies.
On Tuesday night, Trump first broke his call for setting aside partisanship with a misfired Twitter snipe at El Paso native Beto O'Rourke's name, in which he told the former Texas Congressman to "be quiet!" after O'Rourke accurately tied the El Paso shooter's white supremacist diatribe to Trump's identical references to an "invasion" at our southern border. But on Wednesday morning, before leaving for his trips to the two grieving cities, he told reports at the White House that he felt his "rhetoric brings people together" and he "would like to stay out of the political fray." That vow didn't even last until he arrived in El Paso, with his new Twitter attacks emanating even while he was on Air Force One.
But in news today that is much less insane, we are joined by REP. HANK JOHNSON (D-GA), a member of the U.S. House Judiciary Committee and Chair of its Subcommittee on Courts, Intellectual Property and the Internet. That subcommittee oversees the federal court system, including the U.S. Supreme Court. On Tuesday, Johnson and Nadler sent a letter to the National Archives and Records Administration requesting records from Justice Kavanaugh's tenure in the White House during the George W. Bush Administration, when he first served in the White House Counsel's office from 2001 to 2003 and then as White House Staff Secretary from 2003 to 2006.
The request includes thousands of documents either never reviewed or never requested by then-U.S. Senate Judiciary Committee Chair Chuck Grassley (R-IA) during Kavanaugh's SCOTUS confirmation process last year. While Grassley requested no documents at all from Kavanaugh's tenure as Staff Secretary --- during which many decisions were discussed and made in the run-up to Iraq War and about the torture and detention of suspect terrorists and prisoners of war --- thousands of documents from Kavanaugh's time in the White House Counsel's office were withheld from the Senate Judiciary panel last year after they were privately reviewed by Kavanaugh's own personal attorney.
Johnson explains why Democrats are now seeking all of those records, what they hope to find, and what they may do with the information they unearth from them on the Committee which has jurisdiction to launch impeachment proceedings for all federal judges, including Supreme Court Justices.
Of course, it remains to be seen whether the Trump Administration will attempt to block the records request, which asserts the rights of the Committee to review the documents under the Presidential Records Act of 1975. If they are blocked, Johnson tells me, they are prepared to take additional measures to obtain the records. The Georgia Congressman also responds in detail to a number of my questions including whether he supports an expansion of the U.S. Supreme Court in order to unpack the Republican's currently stolen majority; why he is not currently among the majority of House Dems publicly calling to open an official Impeachment Inquiry in his Judiciary Committee; and what he thinks of his home state of Georgia's current plan to move from one 100% unverifiable touchscreen voting systems to an all new, if equally unverifiable touchscreen voting system --- rather than a cheaper, verifiable hand-marked paper ballot system --- before next year's crucial 2020 Presidential election in a state that many believe may finally be ready to flip "blue" after years of GOP dominance in the state.
On what he hopes to find in Kavanaugh's records from the George W. Bush years: "I hope to discover that Justice Kavanaugh has been completely forthright and honest with the U.S. Senate during his confirmation process. Moreover, I hope to find that the conduct of Justice Kavanaugh, during his time as Secretary with the Office of Counsel for the President, at all times conducted himself in a way that would be in keeping with that of someone who now serves on the U.S. Supreme court with a lifetime tenure. And, of course, that is only subject to the House's ability to impeach, should there be a need for it. The American people deserve to know who we have on the US Supreme Court, what his background is, and if he was honest with the Senate in his confirmation proceedings."
On expanding the stolen SCOTUS: "It's no question that the courts have been stacked with judges with a particular political bent...They are holding the future back, and it's hurting America. So we, as the legislative branch, with the power to expand the Supreme Court --- nothing in the Constitution says that it will be a Court of nine Justices --- so we have to look at whether or not its in the efficiency of our process that we need to expand the Court. We really don't need to politicize the courts. But unfortunately the courts have been politicized. So the question is, what do we do? And how will the Supreme Court react to the fact that the legislative branch is open to looking at alternatives to the current way that it does business?"
On why Johnson is not currently among the majority of Dems in the House publicly calling for an official Impeachment Inquiry: He stands by his current position (despite my generous offer to allow him to make news by changing it on today's BradCast), while explaining, "We are proceeding in the nature of an impeachment inquiry at this time, and we're doing so without calling it an impeachment inquiry so as not to put the 31 red-to-blue winners in 2018, new Democrats, not to put them in jeopardy of not being able to come back and keep us in the majority in 2020. ... At some point we may accumulate the record that we can then pass the impeachment resolutions on and then proceed to the evidence --- not just the Mueller Report, but the evidence... take that over to the US Senate and have a trial. " After I press him a bit on his current position, he concedes: "I tell you what --- if you call me back in about two or three months, maybe I will have changed on impeachment."
And, finally, on Georgia's Republican Governor and Sec. of State defying cybersecurity experts to move from one unverifiable touchscreen voting system to another: "I think the way to go is to have hand-marked paper ballots that are then scanned into a counting machine and counted. And then you have the paper ballots that you can test the results of the tally machine against, and that way, you can have a verifiable vote. ... But we cannot do it on this new system that the Georgia legislature has authorized. I think it is a $125 or $150 million dollar expenditure that will be for a system that we can't even rely on. I think it's bad for the taxpayers, it's bad for the voters, it's bad for democracy, and it's a bad move for Georgia."
He offers much more on all of the above, so I hope you'll tune in to listen to today's BradCast...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Lots of bad news on today's BradCast for Trump and the Republican's in Congress as they head home for their long summer recess. And several astonishing followups to major voting-related stories we broke earlier in the week out of North Carolina and Georgia. [Audio link to full show is posted below.]
First up, several big stories out of Congress today, none of them good for the President or Republicans...
The GOP's only black U.S. House member, Rep. Will Hurd of Texas, says he won't run again in 2020. The stunning announcement Thursday night represents a huge pickup opportunity for Dems in a state slowing turning "blue", and just the latest in a quickly growing string of GOPers calling it quits in the House;
On Friday, Donald Trump abruptly pulled his 5-day old nomination of TX Rep. John Ratcliffe to become the nation's next spy chief. Ratcliffe, after attacking former Special Counsel Robert Mueller during hearings in the House last week, was tapped by the President to replace Director of National Intelligence Dan Coats, who publicly contradicted Trump on Russian interference in U.S. elections, Iran compliance with the landmark nuclear pact that Trump violated and pulled out of, and on the national security threat of climate change, among other things. Ratcliffe, however, was revealed to have had no previous intelligence experience, as required by statute for the DNI role overseeing the nation's 17 intelligence agencies, and was found to have lied about past claims to have prosecuted terrorists;
And, in more bad news for Trump on Friday, a majority of House Democrats have now publicly called for an official impeachment inquiry of the President. CA Rep. Salud Carbajal became the 118th out of 235 House Dems to publicly call for an inquiry to begin. With the majority of her caucus now supporting impeachment proceedings, it remains to be seen if House Speaker Nancy Pelosi will finally modify her current position to allow Dems only to "legislate, investigate and litigate". House Judiciary Chair Jerry Nadler recently filed a court motion seeking grand jury information from the Mueller investigation which, for the first time, referenced a need for the documents due to Congressional consideration of impeachment proceedings.
Then, several (occasionally amazing) follow-ups to stories we broke earlier in the week regarding the citizen-led fights for publicly overseeable elections and hand-marked paper ballots in two key swing states.
First, on Tuesday's program we detailed what appeared to be a "win", if a short-lived one, by election integrity advocates in North Carolina, after they'd convinced the state Board of Elections, in a 3 to 2 vote, to adopt a resolution effectively blocking the certification of a 100% unverifiable computer touchscreen Ballot Marking Device made by ES&S, the nation's largest (and sleaziest) private voting vendor. That vote, if finalized next month, would likely result in hand-marked paper ballots across the entire state in next year's crucial Presidential election. The powerful ES&S is currently the only voting system vendor certified to do business in the closely divided battle ground state.
But, in reporting that story on Tuesday, we also broke the news that one of the three "yes" votes on the resolution blocking ES&S, Republican David Black, had changed his mind, leading to a new meeting --- and a revote on the resolution --- called for Thursday. Black's reversal would mean a 3 to 2 vote in FAVOR of ES&S' new, 100% unverifiable touchscreen systems for counties currently serving some 2.5 million voters whose current, older 100% unverifiable touchscreen voting systems are set to be certified, by state law, at year's end.
But, a funny thing happened before the Thursday revote, after the state Board's Chairman, Democrat Robert Cordle --- who had voted against the resolution on Monday --- told a wildly inappropriate joke to open a state conference of some 600 election officials. He was subsequently forced to resign by the Governor, resulting in Thursday's re-vote becoming a 2 to 2 deadlock, leaving the initial vote, which could lead to hand-marked paper ballots for all NC voters, in place.
There will be yet another vote --- the formal vote on the resolution --- on August 23rd, when whoever Democratic Gov. Roy Cooper names as the new Chair to the beleaguered 5-person Board, will be able to cast the decisive vote to determine if the key swing state will have verifiable elections in 2020 or not. And, yes, we share the "dirty joke" in question, about a woman and a cow, on today's program;
Then, we also have a follow-up to a story we broke on Monday's BradCast, regarding the federal lawsuit seeking to ban Georgia's 100% unverifiable touchscreen voting systems in favor of hand-marked paper ballots before the 2020 Presidential election. On Monday, plaintiff Marilyn Marks of the Coalition for Good Governance, joined us on the show to describe a revelation from a court hearing latest last week in which a witness from Georgia's Sec. of State's office revealed that all voting machines across the state in 2018 were programmed, without oversight, by three independent contractors working for ES&S out of their garages, using unsecured home WiFi.
Last night, the UK's Guardian picked up the story about the state's fully-outsourced elections, confirming our reporting from earlier in the week and adding a number of additional disturbing details. Among those new details: Georgia's entire voter registration system was similarly outsourced to a private company which even contractually disallowed the Sec. of State's office from having access to the network. More alarmingly, however, as the Guardian's Jordan Wilkie reports, during security penetration tests, a third-party (fourth-party?) cybersecurity company contracted by the state, found that it was able to "take over the entire network". Moreover, in November of 2018, a year later, in a second round of testing just before last year's midterms, many of the vulnerabilities discovered during the initial test remained unresolved.
Until last week's hearing, when much of this information was revealed on the stand for the first time during questioning of the Sec. of State's chief information officer, the state had completely misled the federal court about all of the above and more.
Finally today, some very grim news out of the Arctic, where Greenland, over the past week, has gone through an extraordinary melt event, with record high temperatures --- 10 to 30 degrees above the normal average --- resulting in the loss of some 10 billion tons of ice over the past day or two, with nearly 200 billion tons of water pouring into the Atlantic Ocean during the month of July. How's that for a cheery way to end the week? You're welcome!
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Both Democrats and Republicans alike --- on Capitol Hill and in the media --- are trying to make sense of Wednesday's landmark testimony by former Special Counsel Robert Mueller and where things go from here. We do a bit of the same ourselves on today's BradCast. Though I hope we are a great deal more honest about it than Donald Trump and Fox "News", and less confusing than Fox' Ainsley Earhardt who announced this morning that Mueller's testimony "didn't change anything", before going on to tell viewers that "it changed everything". [Audio link to show our full program is posted below.]
For full coverage and extended excerpts from Mueller's nearly seven hours of hearings before the U.S. House Judiciary and Intelligence Committees, see yesterday's special coverage show. For analysis and the fallout since the Republican former FBI Director confirmed the multiple and repeated felonious and impeachable crimes by the President of the United States detailed in his 448-page report [PDF], we're joined by the great HEATHER DIGBY PARTON of Salon and Hullabaloo today. As usual, we attempt to cut through the media drama and partisan positioning to get to the actual facts and important content that matters.
Among the issues discussed with Parton....
The fact that only Republicans are ever allowed to be Special Counsel/Prosecutors, no matter whether the President being investigated is a Democrat or a Republican;
Content of note from Wednesday's hearings that was both damning to Donald Trump and at risk of being lost amid frequently lousy corporate media coverage (and, wholly dishonest coverage from rightwing outlets);
The proper context for making "sense" of some of the conspiracies offered on Wednesday by Republicans, even as Trump's AG/fixer Bill Barr and other GOPers may have done harm lately to the prospects of their own conspiracy-based argument about the origins of what would eventually become the Mueller investigation;
How House Speaker Nancy Pelosi is still dropping the ball on impeachment in Congress, at least for now, and setting the country up for even more Presidential corruption in both the near and distant future in the bargain;
And, where all of this madness may and/or should go next.
"It seems obvious to me that we have a criminal in the White House. And an abuser, a corrupt leader, and a barbarian and an ignoramus," Parton explains, cutting to the chase. "He's an unfit President and he should be impeached. To me, this is obvious."
But, she goes on, in struggling to make sense of why impeachment proceedings have not already been triggered, "One of the reasons that the dial is not being moved is the way that the press is covering this. There was a lot of criticism, during and after the testimony, about the fact that they covered it like a sporting event. 'He didn't put on the best show', etc. etc. The theater criticism. This is a big problem because this is a complicated story. People are seeing it as a game, as this is a strategy, instead of what it really is --- which is a fundamental threat to our democracy.
"If Donald Trump gets away with this, if he gets off scot-free --- re-elected or not --- if he gets away with doing these things while in office, it has changed everything. The President is no longer accountable. If Donald Trump cannot be impeached, then nobody can be impeached. Impeachment no longer exists as a stop on a President like this. And that's very scary," warns Parton.
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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As documented by today's BradCast special coverage, former FBI Director Robert Mueller finally offered his long-awaited testimony in the U.S. House during nearly 7 hours of hearings before both the Judiciary and Intelligence Committees. [Audio link to show is posted below.]
The Republican former Special Counsel confirmed key details of his two-volume, 448-page report [PDF] on Russia's alleged interference in the 2016 election, the Trump Campaign's coordination with that effort and, in most detail, multiple instances of both indictable and impeachable criminal corruption of justice laid out by the report. In frequently halting and often terse responses to members of the two House panels, Mueller, as promised, refused to stray from the "four corners" of his report, issued earlier this year following his two-year probe.
Nonetheless, as heard on today's program, his responses made clear that both Donald Trump and Attorney General Bill Barr --- not to mention the bulk of the Republican Party and their rightwing media outlets --- have been completely misleading the American public with their claims that Mueller's report somehow "exonerated" the President. It did anything but.
"Did you actually totally exonerate the President?" Judiciary Chair Jerrold Nadler asked during his opening round of questions. "No," Mueller flatly replied, later adding that "the President was not exculpated for the acts that he alleged committed." When Rep. Adam Schiff, the Democratic Chair of the Intel Committee, asked, "Your investigation is not a witch hunt, is it?," Mueller dryly responded: "It is not a witch hunt."
In fact, as Mueller's testimony made clear to those who watched --- especially to those who didn't bother to read his actual report --- any other American who committed the crimes detailed in the Special Counsel's report would have been indicted on multiple felony counts, as more than 1,000 former federal prosecutors have now stated. But for the Dept. of Justice Office of Legal Counsel's (unsupportable) opinion that a sitting President cannot be indicted, Trump would most likely have been charged long ago for his repeated, unlawful attempts to quash the Special Counsel's investigation.
Moreover, near the close of today's long hearings, Mueller offered a chilling warning about what he describes as still-ongoing efforts by Russia and other foreign powers, "as we sit here", to interfere with and manipulate upcoming U.S. elections.
We hold most of the commentary and analysis on all of this for another day in order to bring you extended excerpts on today's program from the detailed questions and answers with members of Congress from both parties and in both the Judiciary and Intelligence Committees. If you weren't able to catch seven hours of hearings beginning at 8:30am ET on a work day, we'll get you fairly well caught up on the key through-line and the most noteworthy stuff in just under an hour. You're welcome!
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Callers ring in on the upcoming testimony of the former Special Counsel; Also: Are they nuts? More on the insane move to 100% unverifiable touchscreen computer voting in Philly and L.A. for 2020...
On today's BradCast, we open up the phone lines to listeners on a number of things, most notably to hear what listeners expect from this week's upcoming, long-awaited U.S. House testimony by former Special Counsel Robert Mueller regarding his 448-page report on Russia's involvement in the 2016 Presidential election and the ten or more instances of criminal obstruction of justice by President Trump detailed within. [Audio link to show follows below.]
Mueller's testimony during hearings on Wednesday --- three hours in the House Judiciary Committee and two hours before the House Intelligence Committee --- will be the last chance for pro-impeachment Dems to swing the sentiments of both the nation and Democratic leadership toward opening an official impeachment inquiry of Donald Trump before Congress leaves for its long 6-week recess next week. Callers ring on on what they expect and hope (or don't) from the proceedings.
As you can imagine, Democratic U.S. House Speaker Nancy Pelosi --- who, so far, has blocked an official impeachment inquiry by her caucus in the House despite Trump's multiple felonious High Crimes and misdemeanors and in defiance of 100 or so Democratic members on record calling for impeachment --- came up quite a few times today from callers, both negatively and, in at least one instance, positively.
Also on today's program, a quick recap from key points made during our important --- and, at times, gob-smacking --- interview on Friday's program with cybersecurity and voting systems expert Kevin Skoglund on the dangerous new 100% unverifiable touchscreen voting systems currently set for use in Philadelphia, in the key swingstate of Pennsylvania before next year's Presidential election, and how some of the new system's worst, most dangerous and unverifiable features are also found in the new 100% unverifiable touchscreen voting systems being brought into Los Angeles next year.
Thanks to citizen-led efforts like those by Skoglund and Citizens for Better Elections and the Protect Our Vote Philly coalition, the commonwealth of Pennsylvania is now reviewing its previous certification of the horrible and easily manipulated computer Ballot Marking Devices (BMDs) currently set for use in Philly. That re-examination may ultimately lead to decertification of those systems.
Meanwhile, here in Los Angeles, the nation's largest voting jurisdiction, The BradCast and BradBlog.com have been pretty much the only ones publicly yelling and screaming about the serious (and completely misunderstood-by-the-media --- see this ridiculous headline and article!) dangers of moving from hand-marked paper ballots to 100% unverifiable touchscreen BMDs in advance of the critical 2020 Presidential election.
We also discuss the fact that, in addition to being completely unverifiable and easily manipulated, the cost of BMDs systems is at least twice the price of hand-marked paper ballots systems. In fact, one caller rings in with information to tell me that the $200+ million price-tag I cited for the new systems in L.A. was actually a low-ball estimate, according to L.A.'s actual contract with private voting system vendor Smartmatic [PDF]. That contract, she notes, specifies the price for moving L.A. to these new systems will be closer to $300 million! That, in a county that could desperately use funds for things like housing tens of thousands currently living on the streets and long-overdue infrastructure improvements among many other things...
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The United States, according to our guest today on The BradCast, lost "the last great conservative Justice" on the U.S. Supreme Court on Tuesday. Justice John Paul Stevens, who lead the liberal wing of SCOTUS before retiring in 2010, passed away on Tuesday at the age of 99 after serving some 35 years on the High Court. IAN MILLHISER, Constitutional law expert, longtime Editor of ThinkProgress Justice and author of the book Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted joins us today to discuss that loss as well as the rightwing legal challenge seeking to strike down the entirety of the Affordable Care Act. [Audio link to full show is posted below.]
We begin today with a conversation about Stevens' remarkable legacy, and how his tenure was so starkly different from the so-called "conservatives" now seated on the GOP's stolen Supreme Court. Nominated to SCOTUS by Republican President Gerald Ford (after being appointed to the federal bench by Richard Nixon), Stevens, as AP eulogizes, "stood for the freedom and dignity of individuals, be they students or immigrants or prisoners. He acted to limit the death penalty, squelch official prayer in schools, establish gay rights, promote racial equality and preserve legal abortion. He protected the rights of crime suspects and illegal immigrants facing deportation. He influenced fellow justices to give foreign terrorism suspects held for years at the Guantanamo Bay, Cuba, naval base the right to plead for their release in U.S. courts." All positions now seen as "liberal".
And yet, Stevens said during a 2007 interview that he did not think of himself as liberal, but rather as "pretty darn conservative". Millhiser explains how Stevens was able to separate the law from politics, including his own personal preferences, while remaining true to the Constitution and both the rule of law and Court precedent --- all issues which those who call themselves "conservative" today seem to have a difficult time understanding or respecting.
"When he got on the Court, he was widely viewed as a center-right judge. He personally held very, very conservative views. But what made Justice Stevens a great judge was that he knew his political views didn't matter when he was a judge. He knew that regardless of what he thought about minimum wage, or Obamacare, or whatever else, his job was to be faithful to the law and the Constitution," Millhiser tells me. "He was able to set his political views aside and let the law work. And that is all you can ask for in a judge. If we had conservatives like John Paul Stevens right now, who understand that law and politics are separate, we would be in a much better place as a country."
Moreover, as I note at the top of the show, based on my own reporting from 2013, Stevens was willing to admit when he got cases wrong. That year he conceded that his 2008's controlling opinion in Crawford v. Marion County Board of Elections --- the case which approved Indiana's Republican law requiring voters to present Photo ID at the polling place before being allowed to vote --- was ultimately the wrong decision. That SCOTUS opinion has been falsely cited by GOPers across the country as confirmation that Photo ID restriction laws do not suppress legal votes, but help prevent illegal ones. That is both inaccurate and decidedly not what the Court found that case. In 2013, Stevens conceded, "as a matter of actual history," dissenting Justice David Souter was "dead right" in his opposition and warnings about how the precedent would be abused to suppress the vote.
As to the Affordable Care Act (Obamacare) challenge we had originally booked Millhiser to discuss before news of Stevens' passing, oral arguments in Texas v. United States were heard in New Orleans last week before a three-judge panel of the 5th Circuit Court of Appeals. In his coverage for ThinkProgress, Millhiser, who was in the courtroom, describes the hearing before two Republican-appointed judges (one by George W. Bush, the other by Donald Trump) and one Democratic-appointee as a "disaster for Obamacare".
On today's show, he explains the "dumb" and "ridiculous" basis for the case brought by some 20 Republican state Attorneys General --- and now joined by Trump's Dept. of Justice --- and how the challengers specifically filed it in a Texas jurisdiction, a "a kangaroo court", where they knew they could get a favorable ruling from the lower court judge and were likely to get a similar ruling from the rightwing 5th Circuit Court of Appeals. He describes the suit as "the stupidest case I have ever seen", but notes that the appellate court's three-judge panel --- "the two Republicans on this panel were really wacky and behaved in a really partisan way in the oral arguments" --- may ultimately uphold the lower court ruling, at least in part.
Nonetheless he believes the case cannot possibly pass muster at the U.S. Supreme Court given previous rulings on ObamaCare by Chief Justice John Roberts. However, he has a caveat: that prediction only holds if the makeup of the High Court when the case ultimately reaches SCOTUS remains the same as it is today. That, as Millhiser cautions, is not a guarantee. "If Trump gets another vote, all bets are off." And there are ways that both the 5th Circuit and the Republicans challenging the landmark healthcare law could hedge that timing, depending on how quickly they act and how long they delay both the court's decision and any subsequent appeal.
While the basis for this case, he details, is so absurdly thin, that may not mean it will fail, even if, as Millhiser observes, an estimated 24,000 Americans will die each year if the ACA is entirely struck down as plaintiffs seek --- and as the lower court judge already ruled should happen.
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As a chaotic vote to condemn Donald Trump's racist comments against four Democratic freshmen Congresswomen of color moved successfully through the House during today's BradCast, we tried --- even if we didn't always succeed --- to focus as much or more on the effects of his Administration's dangerous policies, more than his obnoxious, hateful words as our eternally embarrassing President of the United States. [Audio link to full show is posted below article.]
On Monday morning, as we discussed on yesterday's program, Trump's Attorney General Bill Barr, with a stroke of his pen, took Administrative action to effectively rewrite decades of immigration law and case precedent to bar virtually all asylum claims made on the U.S. southern border. The radical action is now being challenged by the ACLU and, according to many immigration experts, is likely to be found unlawful by the federal courts.
Then, on Monday night, after we got off air yesterday, the Administration enacted another radical measure without notice. Trump's Department of Health and Human Services declared a new regulation would immediately take effect to ban medical services providers who receive Title X funding from referring patients to other doctors for abortions. Federal funds are already banned for use in most actual abortions themselves, but now what critics describe as a "gag rule" will be in place to keep medical professionals from even referring their patients.
Title X, signed in 1970 by President Richard Nixon after bipartisan support in Congress, allocates some $260 million each year to family planning services for four million low income women. The funds are granted to states across the country and to organizations such as Planned Parenthood.
Under the new regulations, as our guest today, Politico healthcare reporterALICE OLLSTEINdetailed after the rule was first proposed earlier this year, "clinics offering abortions would need to construct physically separate entrances, hire separate staff and maintain separate medical records for its abortion and non-abortion providers --- a requirement reproductive care groups argue is so costly that some, or even perhaps many, sites would be forced to close."
At the top of today's show, news broke that, in the wake of the Administration's new regulations and other rightwing assaults on the Constitutionally-protect right to abortion, Planned Parenthood's recently appointed new President, Leana Wen, has been forced out of her post. The group had previously suggested they would need to forgo federal Title X funding if the rule was formally enacted, as have several states across the country who, like Planned Parenthood are suing to block the regulation.
Nonetheless, even before any of those lawsuits have been tried, the new rule has been placed into immediate effect by HHS, resulting in "mass confusion and chaos" for states and medical care providers alike today, according to Ollstein. "Now, any clinic that makes abortion referrals for patients who request one will have their funding cut," she tells me. "Lots of clinics across the country, including all Planned Parenthood clinics, which serve a large portion of the Title X population, said that they can't comply with that. It's against their ethics as doctors to not be able to make a referral that a patient requests. So they said 'We're going to exit this program. We're going to try to rely on our own funding as long as we can. We're going to hope the courts stop this rule, and we're going to try to keep our doors open and serve this low-income population.'" But, as Ollstein notes, "that could be a struggle."
She also explains how the Right is able to justify this blatant intrusion of the federal government between a patient and her doctor, given their years of decrying the Affordable Care Act (Obamacare) under the premise that the landmark healthcare law would do just that. Ollstein also goes on to warn that the federal case currently moving through the U.S. 5th Circuit Court of Appeals that could strike down Obamacare entirely as unconstitutional, is now a very real threat to the law's future --- which even Republicans in Congress are now beginning to panic about.
Also on today's program, we follow the House Democrats move today to pass a non-binding resolution condemning Trump for his racist "go back" to your countries tweets over the weekend, directed towards Reps. Alexandria Ocasio-Cortez, Rashida Tlaib, Ayanna Pressley and Ilhan Omar, all of whom are American citizens. Three were born in the U.S. and one, Omar, came here as a child refugee to escape civil war in Somalia. Also today, Texas Democratic Rep. Al Green announced his intention to introduce Articles of Impeachment against Trump once again tonight after the vote on resolution to condemn Trump. He vows to force a floor vote on the Articles within two legislative days.
By show's end, the racism resolution had been passed by Congress with the votes of all Democrats, four Republicans and newly independent former Republican Justin Amash, after what is being reported as a "bitterly partisan brawl" and "one of the most polarizing exchanges" ever on the House floor. The measure comes after both Trump's racist tweets telling the women to "go back and help fix the totally broken and crime infested places from which they came" on Sunday, and his doubled-down assertion on Monday that their criticism of his Presidency and policies demonstrates they "hate America".
In fact, as Philip Bump cleverly highlights in a "Who said it?" test at Washington Post, Trump's own comments about the U.S. during the Obama Administration are far more demonstrative of hating America than anything ever known to have been publicly uttered by the four women he continued to attack on Twitter today. We're happy to associate ourselves with Stephen Colbert's response to all of this from Monday night.
Finally, as if all of that isn't chaotic and ugly enough, Desi Doyen joins us for our latest Green News Report, after New Orleans dodged catastrophe (for now) from Hurricane Barry over the weekend; the U.S. sees its wettest 12-month period on record (again); and the weekend blackout in NYC reveals (also, again) the fragility of this nation's vulnerable infrastructure...
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It's still unclear what it will take for House Speaker Nancy Pelosi to allow her caucus to begin impeachment proceedings for the most impeachable President in history. But each day that goes by, each rule of law that Trump and his Administration undermine, each norm they violate, each tradition they shatter, each Constitutional clause they scoff at, seems to make her inaction more untenable by the day. But we press forward as the lawsuits pile up, subpoenas are defied, new ones are issued, and the American public wonders how we will ever find our way out of this mess. Those thoughts seem to underscore each of the many stories we cover on today's BradCast. [Audio link to show follows below.]
Among those many stories...
The U.S. 2nd Circuit Court of Appeals in New York on Tuesday unanimously confirmed a lower court ruling that Donald Trump violated the Constitution's First Amendment by blocking followers on Twitter with whom he disagreed, since he uses his personal account for governmental purposes. We wonder if Alabama's Republican Sec. of State John H. Merrill, who blocked me and election law experts like UC Irvine's Rick Hasen and University of KY's Joshua Douglas on Twitter long ago, is ready to rethink his position, or if we can expect more crazy responses from Merrill by email and phone like the last time we asked about this when the lower court first ruled in favor of plaintiffs;
Billionaire two-time, self-funding, third-party Presidential candidate Ross Perot, who first ran for President in 1992, has died at age 89;
Billionaire self-funding environmental and impeachment activist Tom Steyer of California declares his run for the 2020 Democratic Presidential nomination, after previously stating he wanted to focus on impeachment of Donald Trump instead. His announcement video released today describes the desperate need to get corporate money out of politics, but Steyer is also reportedly very unhappy with the speed with which Congressional Democrats are plodding toward impeachment of our scofflaw President;
Similarly unhappy with the lack of accountability being brought by Democrats is now-former Tea Party Republican Justin Amash, Congressman from Michigan who, last week, declared he was leaving the GOP. Over the weekend Amash blasted Democrats, specifically Nancy Pelosi, for failing to take appropriate action to begin impeaching Trump. Until leaving the party last week, Amash was the only Republican in Congress to call for impeachment proceedings and he remains one of the best advocates for same from either major party. During his interview with CNN's Jake Tapper, Amash also said that high level Republicans had privately thanked him for his outspoken stance against Trump and that he remains open to the possibility of running for President on the Libertarian Party ticket next year;
But if Democrats are still unwilling to play the type of hardball demanded by this moment in history, the Trump Administration isn't shying away from it. Following U.S. Supreme Court Chief Justice John Roberts' recent rejection of the Administration's "contrived" reason for adding a question about citizenship to the 2020 U.S. Census, the Dept. of Justice announced on Sunday that they would be replacing the entire legal team that had defended the Government in several different cases on the matter over the past year. Many of those career DoJ attorneys, it is speculated, refused to proceed after they already officially informed a federal judge that the Census was being printed, as of the July 1 deadline, without the question included. But that was before Trump tweeted that the official announcements from DoJ and the Census Bureau were "fake" and demanded that his Government find a way to include the question anyway. Former U.S. Attorney and Acting Solicitor General Neal Katyal says we've "never seen anything like this", describing the DoJ move to replace all of the attorneys en masse as "the canary in the coal mine". But today, mid-show, after the ACLU challenged the nearly unprecedented removal of the DoJ legal team, a federal judge ruled the Government may not remove them from the case --- at least until they offer the court an explanation for the unusual move;
And while it may not (yet) be impeachment, Congressional Democrats are moving ahead with their legal strategy to challenge the Administration in court. On Monday, they issued subpoenas to a number of Trump's businesses as part of discovery in a lawsuit alleging that Trump is in violation of the Constitution's Emoluments Clause, thanks to money received from foreign governments to his various businesses which he refused to divest from after being elected President. The DoJ, on Trump's behalf, is trying another extraordinary maneuver, in defiance of the lower court judge, by filing an appeal to block those subpoenas at the D.C. Circuit Court of Appeals before the case has even been resolved at the trial court level;
And in the House Judiciary Committee, Democrats announced plans this week to authorize new Congressional subpoenas for a bevy of current and former high profile former Trump officials, including former Attorney General Jeff Sessions; former National Security Advisor Michael Flynn; former White House Chief of Staff John Kelly; former Deputy AG Rod Rosenstein; Senior WH advisor and Trump son-in-law Jared Kushner; former Trump campaign manager Corey Lewandowski; and the head of the company which owned the National Inquirer, David Pecker. The subpoenas, to be formally voted on by the Committee on Thursday, are in response to Special Counsel Robert Mueller's report and hush-money payoffs made by the President, as well as Trump's border policies and reported promises of pardons to officials willing to violate the law on Trump's behalf;
Finally, Desi Doyen joins us for the latest Green News Report, on the day after Washington D.C. received a record four inches of rain --- a full month's worth --- in a single hour, while Donald Trump actually gave a speech meant to tout his Administration's (horrific) environmental record...
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On today's BradCast: Iran and the world can breathe a bit easier for the moment, though children held in deplorable, overcrowded unsanitary conditions in U.S. detention centers near the border still may not. [Audio link to full show is posted below.]
At the last minute, reportedly, Donald Trump pulled his punch, thankfully, and called off an attack on Iran in retaliation for the U.S. drone shot down by the Islamic Republic on Thursday. That drone, Iran says, was a surveillance plane flying above its territorial waters. The U.S. contends the $100 million remote-controlled plane with a wingspan the size of a 737, was flying in international air space. But, no matter who has it right, none of this would have happened at all, had Trump not recklessly and stupidly pulled the U.S. out of the landmark anti-nuclear pact with Iran, struck during the Obama Administration along with France, Germany, the UK, Russia and China.
Trump, despite his wildly inaccurate claims about the Iran deal posted to Twitter this morning, was not the only one to show restraint in the matter. Reuters reports that Iran declined to similarly target a 35-man U.S. military aircraft said to have been accompanying the unmanned Global Hawk spy drone near the Strait of Hormuz in the Persian Gulf. Iran also says they sent "repeated warnings" to the drone operator before shooting it down.
Meanwhile, Democrats in Congress are calling for a "step back from the brink of war" by calling for Congressional debate over the issue, even as they've allowed Trump (and other Presidents) to wage war without Constitutionally-required Congressional approval previously. Over at Fox "News", of course, talking heads such as Brian Kilmeade were calling on Trump to bomb the hell out of Iran, as if the host of Trump's favorite morning show wouldn't be affected in the least from his couch in his NY studio by the potential of WWIII breaking out in the Middle East;
While we can breathe a bit easier on that score --- at least for the moment --- migrant children at detention camps being run by the U.S. Government, suffering under deplorable conditions, are not nearly as lucky. While a silly "debate" was waged this past week by Rightwingers pretending to be outraged by Rep. Alexandria Ocasio-Cortez' accurate reference to U.S. holding facilities for migrants as "concentration camps", the Trump Administration's Dept. of Justice was in court stunning judges by arguing that a long-standing legal settlement requiring migrant children be held in "safe and sanitary" conditions, doesn't mean they have to have either soap or toothbrushes, and that sleeping on concrete floors in freezing, overcrowded cells with only a piece of aluminum foil to keep them warm, is just fine.
The Texas Tribune takes advantage of the moment surrounding the disingenuous "concentration camp" debate to round up just a few of the horrific stories reported over the past month that would seem to prove that, yes, these are, in fact, concentration camps. And, if there was any remaining question, the Associated Press filed an horrific account Thursday night of what attorneys found at one such facility near El Paso, where frightened children are being forced to look after terrified toddlers, while going for "weeks without bathing or a clean change clothes." One attorney who represents detained children said: "In my 22 years of doing visits with children in detention, I have never heard of this level of inhumanity".
In Oregon, as we noted yesterday, Republican state Senate lawmakers have left the state to avoid the quorum needed to vote on an important climate change bill supported by Democrats that, if adopted, would help both Oregonians and the planet. Those lawmakers are now being fined $500/day for missing work, as state police have been ordered to try and round them up. It's the second time in weeks that the GOPers have fled the state. Last time it was in hopes of preventing a vote on a $2 billion funding package for schools. The state's Democratic Governor, Kate Brown, foolishly negotiated with the Republicans the first time to bring them back for that vote after four days, by promising to table planned votes on gun safety and vaccines. But, negotiating with terrorists only results in more terror. So, the Republicans have now pulled the same stunt all over again.
Finally, we can't help but notice throughout today's program how much of the chaos and suffering the nation (and world) is undergoing right now might be eased if Donald Trump was simply removed from office for some of his many high crimes. On that note --- and to lighten things up a bit at the end of another grim week --- we close out with COVFEFE - Grounds for Impeachment, a catchy new tune courtesy of Roy Zimmerman and Melanie Harby, as shared with us by Victoria Parks from our Columbus, OH affiliate WGRN! Enjoy!...
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Guest: Slate legal reporter Mark Joseph Stern; Also: Trump lauds socialism at 'campaign kickoff'; WH, DoJ nix Hicks testimony in House; Trump EPA to help kill thousands with new roll back of Obama coal regs...
On today's BradCast, after what seems like a too-long absence, we're joined again today by Slate legal reporter MARK JOSEPH STERN for insight on the first batch of U.S. Supreme Court opinions issued at term's end this week. [Audio link to show follows below.]
But first today, mercifully brief coverage of Donald Trump's re-election campaign launch in Orlando, Florida on Tuesday night. While the rally followed the same tired pattern of pretty much all of the campaign rallies he's held non-stop since becoming President --- (Remember when the GOP and Fox 'News' used to complain that Obama was holding campaign rallies as President, rather than governing? That was darling.) --- the usual recitation of Trump lies and nonsense also included a fascinating reference to Republican opposition to "socialism" just one mere breath before Trump (falsely) touted GOP support for protecting much-beloved socialist programs such as Social Security and Medicare. The irony, no doubt, was lost on most of his brain-poisoned followers on hand or watching via the Fox "News" disinformation channel.
On Capitol Hill today, Democrats in the House Judiciary Committee finally heard testimony from a former Trump official in the aftermath of the damning Robert Mueller Special Counsel report. Longtime Trump aid Hope Hicks --- who worked with him before his campaign, during it, during the transition and in the White House --- cooperated with the Mueller probe and is cited within it as a witness about 180 times. She agreed to testify today, though only behind closed doors, with a transcript to be released later. However, White House and DoJ Attorneys were also on hand to continue what Committee member Rep. Ted Lieu (D-CA) described as "obstruction of justice in action". The lawyers issued objections to any and all questions related to Hicks' service with Trump as President, asserting "absolute immunity" from such questions. That is a newly invented "privilege" from the White House and DoJ which Lieu described as "not a thing. It doesn't exist." Lawmakers suggest the result will be court action to force Hicks' testimony on her time at the White House, now that she is a private citizen (who works for Fox "News"). Even House Speaker Nancy Pelosi, who is still opposed to opening an official impeachment inquiry, reportedly described the new White House offensive as "obstruction of justice", which --- in case she needs a reminder --- is one of the offenses included in the Articles of Impeachment for both Richard Nixon and Bill Clinton.
Also in D.C. today, the Trump Environmental Protection Agency, now headed by "former" coal industry lobbyist Andrew Wheeler, officially replaced President Obama's Clean Power Plan, meant to curb global warming greenhouse gas emissions from coal-fired power plants, with a new rule that makes the reduction of emissions optional for states. Even while coal plants have been shutting down across the country over the past two years in favor of cheaper, cleaner natural gas and renewable energy production, the Administration is implementing the new rule which, according to the EPA's own analysis, will result in thousands of unnecessary deaths per year. The new rule parallels a similar effort by the Trump Administration to roll back new mileage standards implemented by Obama with the cooperation of the auto industry, which the National Highway Traffic Safety Administration (NHTSA) says will save thousands of lives as well. So, yes, Trump is now purposely killing Americans and lying about it by claiming U.S. air and water has never been cleaner. That, according to actual findings from the Government, is also untrue, as pollution has increased over the past two years since Trump became President.
We're then joined by Slate's Stern for a review of this week's SCOTUS rulings and an explanation for some of the "strange bedfellow" partnerships found in several of them. Among the opinions discussed today...
A Supreme Court "punt if I've ever seen one," according to Stern, on a case involving yet another bigoted baker, this time in Portland, who refused to sell a wedding cake to a same-sex couple. The Justices sent that case back down to the lower court for review, though Stern suggests they are largely buying time before being forced to determine, once and for all, whether discrimination against LGBTQ people is Constitutional. "The Court can't duck this forever," says Stern;
The largely good news ruling of the week is for voters in Virginia, where a 5 to 4 majority opinion results in new, fairer, more competitive legislative districts in advance of the Commonwealth's statewide elections this November. The Justices held that the GOP-gerrymandered House of Delegates did not have standing to appeal new legislative maps implemented by lower courts to correct 11 districts found to have been unlawfully and unconstitutionally racially gerrymandered following the 2010 Census. Only the state's Attorney General, a Democrat, who initially challenged the ruling on behalf of the state but later declined to appeal the lower court's ultimate ruling, has such standing, the majority determined.
But the majority opinion, written by Justice Ruth Bader Ginsburg was joined, unsurprisingly, by Justices Elana Kagan and Sonia Sotomayor, and much more surprisingly by Justices Clarence Thomas and Neil Gorsuch! Moreover, the minority dissent, penned by rightwing Justice Samuel Alito was also joined by the normally progressive Stephen Breyer. Stern offers an explanation for what appears to be very strange bedfellows on this opinion, and whether the ultimate outcome --- while very good news for Democrats who hope to take control of one or both chambers in the VA legislature this November --- will be good news or bad news for Democrats and Republicans in the future;
We then move to what Stern describes as "a tough but interesting case", for his explanation of the Court's affirmation of what has long been considered a loophole in the U.S. Constitution allowing an exception to its restriction on double-jeopardy cases. In fact, as the Court held in a 7-2 decision, virtually identical indictments may be brought against the same person, for the same crime, so long as they are brought in separate State and Federal jurisdictions, which are considered to be "separate sovereigns". On the minority in this case was another odd couple, Ginsberg and Gorsuch, while Thomas --- who previously decried the Double-Jeopardy Loophole by calling for a "fresh examination" of it --- chose not to vote for ending it when he had the opportunity. He did, however, take the opportunity to write a concurrence in the case, calling for reversing other long-held SCOTUS precedents, such as those which allow women the right to choose to have an abortion. "He used his opinion to launch into this crazy attack on precedent, that was clearly laying the groundwork for an attack on cases like Roe. vs. Wade" and marriage equality;
Finally, Stern offers some thoughts on the Court's expected opinion, due any day now, regarding the Administration's attempt to add a question on citizenship to the 2020 U.S. Census. That determination is still expected, despite evidence unearthed after oral argument that proves the Administration lied about their reasons for adding the question, which, according to the Census Bureau itself, will reduce participation. That, in turn, is expected to radically shift government funding and citizen voting power from Democrats and minorities toward white Republican jurisdictions. We discuss that bizarre matter --- and how SCOTUS can possibly rule on the case now, given the new evidence revealed from the hard drive of a now-deceased GOP gerrymandering expert following the Court's hearing months ago --- and a few of the other expected important decisions to come in the next two weeks before the Justices leave town for Summer vacation...
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Guest: Former Dep. Asst. AG Lisa Graves; Also: Acting SecDef withdraws nomination; S. America power grid collapse did not prevent voting; Swing district Rep. Porter calls for impeachment proceedings...
I've had a lot of legal questions swirling through my head in recent weeks as Trump and his minions have expanded their attempts at blocking all Congressional investigations of his many crimes. On today's BradCast, despite the unprecedented and ever-changing nature of what Trump is attempting, I get a bit of clarity from a guest with a long background in legal, legislative and executive matters regarding all three branches of the federal government. [Audio link to show follows below.]
First up, however, some quick news of the day. Donald Trump's Acting Sec. of Defense Patrick Shanahan, a former Boeing executive, has withdrawn his formal nomination after reported difficulties obtaining a standard FBI background clearance due to a history of domestic violence with his former wife. Former Raytheon lobbyist and Trump's Sec. of the Army Mark Esper has been tapped, for now, as the new Acting SecDef.
The widespread --- and still-unexplained --- failure of the electrical grid in Argentina, Uruguay and Paraguay over the weekend that affected tens of millions in South America, did not, at least, prevent gubernatorial elections from continuing on Sunday in Argentina, where they wisely use HAND-MARKED paper ballots. The election was uninterrupted despite the outage, as voting was able to continue as usual, even if voters needed to rely on mobile phone flashlights in order to see their ballots while filling them out by hand. That, by way of contrast with the utter havoc and chaos that would result from a similar outage or cyber-attack on the U.S. power grid during an election next year, with dozens of states relying on computer voting systems and electronic poll books, including a number of jurisdictions such as Los Angeles County (the nation's largest), which are set to move from hand-marked paper ballots to 100% unverifiable touch-screen voting systems in advance of the 2020 Presidential primary elections. What could possibly go wrong?
Freshman Democratic U.S. House Rep. Katie Porter announced on Monday night that, after weeks of careful consideration, she has decided to call for an official impeachment inquiry of Donald Trump. Her announcement is significant in that Porter narrowly won election last year in Republican-leaning Orange County, California, defeating her incumbent GOP opponent by just over three points. With more than 65 Democratic members in the House (and one Republican) now calling for impeachment proceedings, Porter is one of only two Democrats from closely divided swing districts where GOP incumbents were ousted last November to call publicly for beginning the Constitutional process of impeachment of our criminal President.
At the same time, the Trump Administration has spent months following the release of the damning, redacted Special Counsel's report from Robert Mueller [PDF], exercising all manner of legal schemes and Presidential tricks to try and obstruct the Congressional investigation of the many criminal obstruction offenses by Trump detailed in Mueller's report. The Administration, with the aid of his new Attorney General and fixer William Barr, has invoked so-called Executive Privilege over the entire report (even the already released material) in an attempt to prevent the unredacted report and its underlying evidence from being disclosed to Congress and the American public. They've also used Executive Privilege to try and block lawful Congressional subpoenas of current and former White House officials, many of whom cooperated as witnesses with the Mueller probe, in hopes of preventing them from testifying in the House or turning over subpoenaed documents. Barr's DoJ has gone so far this week as to offer a legal claim that the IRS need not turn over Trump's tax returns to the House Ways and Means Committee in defiance of a decades-old statute requiring the IRS to do so. Trump's private attorneys have attempted to block Congressional subpoenas for the President's financial documents at his accounting firm Mazars and at Deutsche Bank, and, during a recent interview with ABC News, Trump said his own FBI Director was "wrong" for insisting that candidates contact the FBI if they are approached by foreign nationals with opposition research on their political opponents.
Those, of course, are just some of the ways that Trump continues to obstruct justice and defy the rule of law. But what are the chances that he will ultimately succeed in his attempts to obstruct Congress? We're joined today by LISA GRAVES, who has worked as a senior advisor in all three branches of the federal Government, to help us better understand some of the key elements of Trump's crimes and his attempts to invoke measures to block accountability for them.
Graves, the co-founder of the non-profit Documented, formerly served as Deputy Asst. Attorney General at the Dept. of Justice, General Counsel in the US Senate, and former Deputy Chief for the US Court system. On today's program, she explains the seriousness of obstruction crimes; how "Executive Privilege" has been invoked by Presidents (successfully or otherwise) in the past, and what the privilege really is and isn't (hint: it's not actually a statutorily or Constitutionally defined thing); whether it's actually possible or justifiable to prevent the disclosure of Trump's tax returns under the DoJ's new pretext; and whether she believes Trump should be impeached.
On criminal obstruction, says Graves: "The fact is that obstruction is a very serious crime. I suppose that if they really wanted to know how serious obstruction is, they could call Nixon back from the grave to ask him how serious this is."
On Barr's collusion with Trump: "It's truly a shame, quite frankly, that under the broken Senate led by Mitch McConnell, that Barr was confirmed to this role that he was most undeserving to hold. And that he now holds basically as a lapdog to this President, willing to his bidding, and to really subvert the true mission of this Justice Department."
On Trump's broad attempted use of Executive Privilege: "The idea that any President could somehow assert privilege over revealing evidence of his own potential obstruction of justice, the crime of obstruction, is simply astounding...There's simply no way that any reasonable interpretation of whatever that privilege might or might not be, would allow a President to hide from Congress --- which expressly has powers under our Constitution to impeach a President and to try a President --- to hide evidence from that Congress that has those express powers to hold a President accountable."
But, on that last point, she offers some "hesitation" thanks to "this Supreme Court which has been stacked by McConnell and the dark money which backs him." I'm also happy to hear her correctly note that "this court is not truly conservative, they are radically reactionary."
Graves also responds to my question about the recent statement from the chair of Federal Elections Commission, Ellen Weintraub, issued in response to Trump's assertion that he needn't contact the FBI if approached by a foreign national with dirt on a political opponent. Weintraub's statement clarified that "It is illegal for any person to solicit, accept, or receive anything of value from a foreign national in connection with a US election." But, isn't that precisely what the Hillary Clinton Campaign (and a Republican primary campaign before it) did during the 2016 election by soliciting oppo-research on Donald Trump from former British spy Christopher Steele? I discuss that and much more with Graves today.
Finally, Desi Doyen joins us for the latest Green News Report, with more details on Sunday's South American power grid failure, news of a reported U.S. cyber-offensive against the Russian power grid, bad climate change-related news for the Gulf of Mexico's "dead zone", and some very good news from outgoing conservative British Prime Minister Theresa May who is vowing to commit the UK to the world's most aggressive targets to combat our climate crisis by eliminating greenhouse gas emissions while boosting the nation's economy at the very same time...
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