On today's BradCast: The effort by Donald Trump and Republicans to steal the Presidential election with false allegations of "voter fraud" didn't work. But that tsunami of disinformation is now being used to advance new restrictions on voting in the states as the GOP obstruction gets underway in the new Democratically-controlled U.S. Senate.

First today, there is quite a bit of news out of both the White House and the Senate. Among those stories covered today...

• President Biden's flurry of executive orders continue, including one today that calls for an end to privately-run federal prison facilities.
• Biden's nominee for Sec. of State, Anthony Blinken, was confirmed in the Senate. His nominee for Treasury Secretary, Janet Yellen, the first woman in that role, was sworn in today by the nation's first female Vice President.
• Mitch McConnell caved in his demand that Chuck Schumer and the Democrats promise to not do away with the wildly undemocratic legislative filibuster before he would agree to a new power-sharing agreement in the nation's wildly undemocratic upper chamber of Congress
• The historic second impeachment of Donald Trump, on charges of "Incitement of Insurrection" for the deadly, January 6th U.S. Capitol riot, formally began with Senators sworn in on Tuesday as "impartial" jurors and a vote by 45 Senate Republicans to toss out the whole matter entirely.
• And, before this one slips completely down the memory hole...Charges filed by the Justice Department against several military veterans who took part in the attempted insurrection at the Capitol that killed five people, include allegations that dozens of the former military insurrectionists pre-planned their coordinated attack, had hoped to arrest lawmakers, and appear to have had disturbing help from at least one, still-unidentified Congressional insider who gave the seditionists real-time help during the attack to locate lawmakers who had been shuttled into secured locations below the Capitol.

Then, we're joined by DAVID DALEY Senior Fellow at FairVote and author of the books UNRIGGED: How Americans Are Battling Back to Save Democracy and RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy. The latter documents the GOP's ingeniously insidious --- and successful --- plan to capture electoral control of statehouses in the 2010 elections in order to gerrymander the hell out of them for the next 10 years (or more).

Daley writes this week at Boston Globe about the latest effort by GOP state legislators to exploit Trump's absurdly false claims about "voter fraud" in the 2020 election in order to implement new restrictions on voting at the state level and new ways to game the electoral college vote. Among the states we discuss where Republicans are right now citing false fraud claims in order to game the systems: Wisconsin, Michigan, New Hampshire, Georgia, Minnesota and Texas. These efforts are very real, and may well work, even in states which currently have Democratic Governors.

We also discuss the ridiculously undemocratic Senate, where Democratic Senators represent tens of millions of more voters than Republicans but, due to "the original gerrymander" as Daley describes it, are barely able to win 50 percent of the seats. "The US Senate is weighted so viciously towards small states in a way that the founders, if they saw it now, they would be truly horrified," he tells me.

"You've got a 50/50 body and yet, those 50 Democratic Senators are representing about 41.5 MILLION MORE PEOPLE.  When you add into that the small-state bias of the Electoral College, when you add into that the advantage that that bias has given Republicans in selecting Supreme Court Justices --- five of these nine Justices  on the Supreme Court selected by a President that lost the popular vote --- when you factor in the advantages that Republicans have with gerrymandering and geography --- all the way down from the US House to the state legislative level --- we are looking at an epidemic of Republican minority rule in this country."

And then there's the need to get rid of the undemocratic filibuster in the already wildly undemocratic Senate if Democrats hope, as they are now promising, to quickly accomplish "big, bold things" done. One of those "big, bold things," as we discuss, is HR-1, the "For the People Act." It's an enormously ambitious and much-needed bill that includes a ton of long-overdue reforms for voting and fair elections; ending dominance of big money and dark money in politics; and re-enforcing disclosure and ethics rules for members of Congress. But, as long as the filibuster remains in place, it will be next to impossible to see that, or any of the other much-needed reforms get through Congress. Constituents of Democratic Senators Kyrsten Sinema in Arizona and Joe Manchin in West Virginia may wish to mention that to them. Repeatedly.

Finally, Desi Doyen joins us for our latest Green News Report, with more news on major executive actions signed by the new President to roll back years of Trump damage to our environment, and to push Biden's "Buy American" initiative to, among other things, move the nation as quickly as possible to American made, all-electric cars as the days of the internal combustion engine must quickly come to an end...

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If you thought the news might slow down a bit with Donald Trump finally out of office, you may still have to wait a while.  On today's BradCast, we pick up where Friday's left. Moments after we got off air a ton of astonishing news broke, and it has continued right up through airtime today.  Most notably, the stunning story of just how close the nation's mercifully former President actually came to stealing the election from Joe Biden and the American people is only just now beginning to come together. [Audio link to full show follows below summary.]

We start today --- (which, by the way, marks our 17th Anniversary of muck-raking and trouble-making via The BRAD BLOG! Please feel free to help us continue our reader/listener supported work into our 18th year with a much-needed donation!) --- with another $1.3 billion defamation suit filed against yet another Team Trump legal liar and defamer.  Following a similar suit filed by Dominion Voting Systems against Trump's attorney Sidney Powell just weeks ago, his lead election-theft attorney, Rudy Giuliani, has now also been slapped with a $1.3 billion defamation lawsuit by the Canadian-owned firm.

The 107-page complaint [PDF] filed on Monday, as we detail at some length today, charges that Giuliani repeatedly fueled Trump's "Big Lie" about the election and the repeatedly evidence-free claims that Dominion's systems were somehow used to steal it from Trump for Biden. These are the false claims that Giuliani made over and over again in public, on rightwing media and on his snake-oil peddling YouTube show, ironically named "Common Sense". They are also, as Dominion points out in the complaint, the same claims that Giuliani failed to make in a court of law, where he could actually be punished for his egregious and repeated "voter fraud" lies.

The company charges that the false information from Trump's attorney was also retweeted and shared millions of times on social media, leading to broad distrust and millions in potentially lost business by the private voting systems vendor. Giuliani's months long assault also resulted in a number of vile and violent death threats to company employees and contractors alike.

The central false claim by Giuliani --- which we have detailed on previous programs --- is based on a wildly bastardized and re-imagined version of a deep-dive investigative exclusive from The BRAD BLOG that I published more than 10 years ago. It relates to Dominion's 2010 purchase of another voting machine company that had once been owned by still another voting machine company that was once tied to Venezuela and its now deceased President, Hugo Chavez. My decade-old, completely accurate story was so bastardized by Rudy and Team Trump that, at one point, while he was giving false testimony about Dominion "fraud" to the GOP-majority Michigan state legislature in early December, Rudy claimed that Dominion's owners were brought "down to meet Chavez just two years ago."  (Chavez has been dead for seven years.)

As also explained today, we are no fans here of private voting companies having any place in our public elections. Nonetheless, Dominion is right to sue for the libelous and dangerous falsehoods repeatedly told by Team Trump, which also fueled the violent, attempted insurrection by the enraged and disinformed MAGA Mob at the U.S. Capitol on January 6. Moreover, there may well be more such suits coming in the days ahead. The firm has indicated they may even file suit against Trump himself.

All of that served as the basis --- at least in Donald Trump's addled-brain, as we learned over the weekend --- for a gob-smacking, last minute attempt by the then President of the United States earlier this month to also stage a coup at the U.S. Justice Department! He reportedly attempted to replace his Acting Attorney General with yet another lackey who was willing to use the Dept. of Justice to file suit at Trump's stolen and packed U.S. Supreme Court to reverse the 2020 Presidential election results in one or more states, and to lie to Georgia's elected officials that the DoJ was investigating major voter fraud in the state. That, the hare-brained but wildly dangerous scheme argued, should have then led Georgia state legislators to void the results and award the state's electors to Trump. In reality, Biden won the Peach State narrowly last November. There has been no credible evidence to suggest otherwise and, in fact, there has been quite a bit of evidence to suggest the results in Georgia were accurately tabulated by the Dominion systems.

On Friday, the New York Times' Katie Benner published the shocking scoop on that attempted DoJ coup, that --- along with several other pieces of reporting in recent days and weeks --- gets us a bit closer to understanding just how close Trump was to pulling a trigger that might have resulted in the complete undermining of American democracy and the stolen election he was after. We detail the plot to remove Trump's Acting Attorney General (the one he installed when even Bill Barr was unwilling to go along with Trump's phony election fraud scheme), prevented only by a vow of top officials at DoJ to resign en masse if Trump went through with it. The details, however, are as stunning as the story itself, and help to spell out exactly what Trump was hoping for with the insurrection he (and Giuliani!) incited at the Capitol on January 6th and how close he came to actually pulling it all off!

All of which underscores how the two week delay now scheduled in the U.S. Senate before Trump's second impeachment trial begins is likely to make things far worse, rather than better, for the disgraced, now former President.

Buckle up for today's latest edition of The BradCast!...

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It's only Day 3 for the Biden Administration, but it feels like Donald Trump has been gone for months. And that feels fantastic. On today's BradCast, we catch up with the new President's flurry of Executive Actions since taking office and the GOP's attempt to continue Senate dysfunction, even with Democrats now (theoretically) in the majority. [Audio link to full show is posted below.]

Also today, some news on Donald Trump's upcoming second Senate Impeachment Trial, as House Speaker Nancy Pelosi announces plans to transmit Trump's latest Article of Impeachment --- for "Incitement of Insurrection" --- to the upper chamber on Monday. And we've got more good news on Trump's crumbling empire, with more banks and law firms having dumped the toxic former President and his company following his incitement of the attempted U.S. Capitol insurrection by MAGA Mobsters on January 6.

We're joined today by progressive financial journalist and author DAVID DAYEN, Executive Editor of The American Prospect and author of its new, daily, FIRST 100 newsletter. Dayen, whose magazine has devoted no small amount of the past year toward detailing a progressive Day One Agenda for the new Democratic President, offers his take on President Biden's first (less-than-half) week in office, the corporate media's curious adjustments in covering a new Administration, and Mitch McConnell's attempt at delaying the full turn over of the Senate to Democrats.

While he remains cautious this early in the Administration, Dayen notes that he has been pleased, so far, with their "unwillingness to get caught up in a Fox News game of worrying about 'optics'" and indications that Biden, to date, is "not going to get sucked into a deficit hawk argument."

After a year covering the COVID crisis for his magazine, Dayen also offers a prescription for how to get both new relief checks and vaccine shots to the American people as quickly as possible while Republicans balk at Biden's critical $1.9 trillion COVID relief proposal and even attempt to stymie a power-sharing deal in the 50/50 Senate unless Dems agree to not do away with the democracy-stifling legislative filibuster.

So far, Dayen observes, Senate Democrats appear unwilling to give up the leverage of potentially doing away with the filibuster. "There's nothing in it" for them, he says, adding "Schumer has been insistent that he's not going to take that deal." There's a bit more good news to end your week for now.

Finally, we close a remarkable and historic week --- the last one to include Donald Trump as President of the United States (was that still this week?!) --- with some prescient thoughts from Jon Stewart, as shared with Steven Colbert just 11 days into the then-nascent but already-exhausting Trump Administration, from January 31, 2017...

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Looks like we made it! Joseph Robinette Biden, Jr. was sworn in as the nation's 46th President on Wednesday. Kamala Harris was sworn in as the first female, black and South Asian Vice President. And the nation's worst President and greatest sore-loser ever became a former President at the same time, fleeing D.C. like the coward he is just after dawn. All of which we cover in today's BradCast Inauguration Special. [Audio link to show is posted below summary.]

On his way out the door, Donald Trump unleashed a load of pardons and commutations for his corrupt allies and wealthy friends, abusing the Presidential pardon power in an unprecedented, but hardly surprising, way. We detail just some of the 144 grants of clemency he issued just after midnight, including for Steven Bannon, his former campaign manager and fired White House senior political strategist (who was indicted for defrauding millions of dollars from Trump supporters for a project to build a wall on the U.S. southern border); Elliot Broidy, former RNC fundraiser and Trump Inaugural Treasurer who pleaded guilty to selling his services to lobby Trump on behalf of a foreign billionaire; Paul Erickson, GOP operative and boyfriend of alleged Russian spy Maria Butina; a last second pardon for Albert Pirro, the real-estate developer, GOP fundraiser and convicted felon husband of Fox "News" host and Trump suck-up Jeanine Pirro; and more than 100 others like them. The raft of 11th hour pardons led one good government advocate to wryly charge that "Amazingly, in his final 24 hours in office, Donald Trump found one more way to fail to live up to the ethical standard of Richard Nixon."

Much to our surprise, however, Trump did not pardon his lawyer Rudy Giuliani, any of his children or himself! We would have bet good money he'd have pardoned some or all of them. (Especially himself!) But he apparently didn't.

As if his list of pardoned fraudsters, liars and other assorted and unrepentant criminals wasn't wasn't slimy and sleazy and swampy enough for ya, Trump also issued one last. middle of the night Executive Order to rescind his own 2017 EO that barred Executive Branch officials from lobbying their own agency for five years after leaving office, in addition to a lifetime ban on lobbying for any foreign government. In reversing his much vaunted ethics rule from his first year in office, he made clear yet again that he was only ever pretending for his base of dupes and suckers that he wanted to "drain the swamp" in D.C.

In much less sleazy news, on Day One of the Biden Administration, the new President signed an unprecedented raft of Executive Orders at the White House after his Inauguration, meant to begin to undo some of the most egregious excesses and corruption of the previous Administration. The orders focus generally on four concurrent crises Biden has vowed to immediately begin tackling, including COVID-19, the economy, racial injustice and climate change. Among the EOs planned to be signed on Wednesday, according to AXIOS:

But after Trump mercifully fled town early on Wednesday, a remarkably moving and socially distanced Inauguration Ceremony was held at the U.S. Capitol, under extraordinary security precautions following the massive MAGA Mob of violent, rioting insurrectionists who attempted, to little avail, to block Biden's decisive 2020 victory from being formally affirmed by Congress just two weeks ago today.

We share some key moments from today's ceremony, including Biden's full, crisp, and tremendously on-point Inaugural Address. The new President, among other things, declared that "Democracy has prevailed" and vowed to be a "President for all Americans" while calling for "unity". He pointedly noted: "We must end this uncivil war" and went on to observe that "Recent weeks and months have taught us a painful lesson. There is truth and there are lies, lies told for power and for profit. And each of us has a duty and responsibility, as citizens, as Americans, and especially as leaders who have pledged to honor our Constitution and protect our nation, to defend the truth and defeat the lies."

Finally, we close with a few thoughts on this wonderful, historic and long overdue day from both Desi and myself, at the end of four (actually five) hellishly long, painful, destructive, difficult and deadly years as the "American Carnage" of the Trump Era hopefully begins to fade as a new day begins...

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It's our final BradCast with Donald Trump still serving as President of the United States! Though it's likely to take a while before the stink fully dissipates. [Audio link to the show follows below the summary.]

The soon-to-be-former President is said to have been in a foul mood all weekend (SAD!) as he prepares, reportedly, to announce as many as 100 or more last minute Presidential Pardons. Reporting today suggests he will not issue pardons for either his family or himself (or even for the under-indictment Steve Bannon or the reportedly under-federal investigation Rudy Giuliani). Color us dubious about that, however.

The failed President's mood was undoubtedly not brightened by Republican Senate Leader Mitch McConnell, who --- while convening the Senate for what is likely his last full day as Majority Leader --- declared that Trump "provoked" the violent attack and riots at the U.S. Capitol on January 6th. That may not be a good sign for the disgraced man who will face an Impeachment Trial in that same Senate in coming days, as the first ever twice-Impeached President.

The fact that few wish to show up to send Trump off from Joint Base Andrews on Wednesday morning, or that tons of A-List stars are showing up for Joe Biden's inauguration, probably hasn't made Trump any less bitter. So at least America can be happy about that. Trump did release a video today in which he bid "farewell" to the nation (promises, promises), and --- without mentioning Joe Biden's name --- said out loud that there would be a "new administration" as of Wednesday.

That may still come as a shock to many of those gullible supporters of his to whom he's spent the last several months lying about that fact. But since he's been banned from Twitter, according to new research, misinformation about the election has plummeted on social media sites, along with hate speech and calls for violence. Go figure.

Still, as Biden and Vice President-elect Kamala Harris held a moving memorial service for the more than 400,000 Americans killed by COVID-19 thanks to Trump's delinquent response, the streets of D.C. are otherwise locked down tight today in advance of Wednesday's inauguration.

We're joined from D.C. today by progressive columnist and broadcaster RICHARD 'RJ' ESKOW of The Zero Hour to discuss a whole bunch of related stuff. Our conversation ranges from the on-edge mood in the nation's capitol on the eve of an unprecedented Inauguration Day lockdown to Eskow's concerns about Big Tech's muzzling of political viewpoints (even Trump's) to questions of accountability for the outgoing President and to what the former health insurance executive and senior writer for Bernie Sanders' 2016 campaign thinks of Biden's cabinet selections and stated agenda to date.

Finally, Desi Doyen joins us for our last Green News Report of the Trump Presidency, with some good news on Biden's economic recovery plan and his intention to reverse a host of environmental rollbacks by the previous Administration; some good news on the zombie Keystone XL pipeline, and; some very good news from the courts, late today, regarding the Trump EPA's failed attempt to allow coal-fired power plants to continue to pollute and contribute to deadly global warming.

Yes, it's the end of an error...with a lot of cleaning up to do in the days, weeks, months and, sadly, years ahead. But at least we will soon have all of that to look forward to, with the nation's worst ever President, hopefully, becoming nothing more than a terrible terrible memory...

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It's beginning to feel like the beginning of the end on today's BradCast. And while there remains plenty to be concerned about and lots of work ahead...it's beginning to feel just a little bit better all the same. [Audio link to show is posted below summary.]

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

• The world crossed a new, tragic COVID milestone. 2 million dead. That's the equivalent of 10 jumbo passenger jets falling from the sky every day for the past year. In the U.S., with more deaths by far than any other country thanks to Donald Trump's delinquent efforts, and the rate quickly rising, well over 390,000 are now dead --- or 2 jumbo jet crashes every single day for the past year;

• Joe Biden's Chief of Staff, Ron Klain, predicts we may see as many as 500,000 COVID deaths in the U.S. before the end of next month. Therefore, it is very good to see the President-elect unveil a comprehensive, $1.9 trillion plan to both fight the virus and revive the economy --- and even raise the minimum wage to $15/hour at the same time! Republicans will oppose it, naturally. But almost everything in Biden's plan, save for the minimum wage increase, says The Prospect's David Dayen, can be adopted in the U.S. Senate with a simple majority vote...presuming all Dems are on board;

• The nation is certainly on board for the Biden Presidency at this point, with Joe's approval rating up since the election and Trump's plummeting to an all-time low on his way out the door, according to a new survey out today from Pew Research;

• Biden's Inauguration rehearsal has reportedly postponed due to security concerns following last week's Trump-incited Capitol Insurrection, and a warning from U.S. intelligence agencies that his "Domestic Violence Extremist" supporters may be planning more attacks, thanks to Trump's continuing, false, evidence-free claims that the election was stolen;

• In a court filing, federal prosecutors said that Capitol Insurrectionists hoped to "capture and assassinate elected officials". Late today, they began to walk back that claim;

• After a Congresswoman and former U.S. Navy pilot Mikie Sherril (D-NJ) charged this week that some insurrectionists were given "reconnaissance" tours of the Capitol by Republican lawmakers the day before last week's deadly riot Rep. Ayanna Pressley (D-MA)'s Chief of Staff reports that all of the panic buttons in the Congresswoman's office were found to have been mysteriously removed prior to assault;

Then, as moving vans begin hauling the remnants of the Trump Administration away, the outgoing President is reportedly angry and increasingly isolated. (Sad!) But as our long national nightmare will soon come to a close, his legal and financial nightmares may be just beginning. Even that, however, comes with threats to the security of the nation.

We're joined today by the great HEATHER DIGBY PARTON of Salon and Hullabaloo.  She's been writing about Trump's crumbling corporate empire both before, but especially in the wake of his failed Capitol Insurrection and the security concerns his financial woes pose to the nation. She explains why on today's show.

We also discuss the fallout from Trump's second historic Impeachment and how the U.S. Senate will proceed with the trial even as Biden takes office and hopes to see his cabinet confirmed and agenda enacted. And then there's the question of what we should expect as the "Ghost of Trumpism" lingers --- and continues to rot --- the soul of the Republican Party after he mercifully leaves office on Wednesday.

Finally, we close with some good news that got somewhat lost in the stampede of this week's instant Impeachment proceedings. Following a report from the Commerce Department Inspector General, the Census Bureau has now been instructed to abandon Trump's almost-certainly unconstitutional Executive Order scheme to withhold undocumented immigrants from apportionment data to be sent to Congress. Thus ends the Republicans desperate --- and now failed --- attempt to use the Constitutionally-mandated decennial federal Census as a means to shift political power from urban, Democratic-leaning areas of the country, to white, rural Republican districts...at least for another 10 years.

And with that good news, I wish you a great holiday weekend!...

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When Harvard Law Professor Laurence Tribe was interviewed by MSNBC's Lawrence O'Donnell last year, his remarks specifically related to Presidential self-pardons. His observations, however, reveal why the Department of Justice (DOJ) should also contest any effort by President Donald J. Trump to grant a pardon to anyone who could be considered a co-conspirator in carrying out an insurrection designed to allow the loser of the 2020 Presidential Election to remain in power...

In an amicus brief [PDF] filed late last year in the Michael Flynn case, the legal advocacy group, Free Speech for People (FSFP) observed that, while the U.S. Supreme Court, in Schick v Reed (1974), described the Presidential pardon power as "plenary", or absolute, the Court added that the limitations on the pardon power, "if any, must be found in the Constitution itself." Citing a recent Georgetown Law Review article [PDF] that reached a similar conclusion, FSFP argued that the U.S. Constitution's command that a President ensure that the laws be "Faithfully Executed" broadly prevents a President from granting a pardon for a corrupt purpose.

Although U.S. District Court Judge Emmett Sullivan issued a 43-page Memorandum Opinion explaining that he had dismissed the Flynn case as moot following Flynn's acceptance of a Presidential pardon, the court neither referenced nor rejected the corrupt purpose limitation set forth by the FSFP amicus brief. Even if that ruling implicitly entailed a rejection of the FSFP argument, as applied to the Flynn case, it would not foreclose a DOJ challenge to the limits of the pardon power with respect to the unprecedented events that occurred on Jan. 6th.

This is not an abstract question. An attorney representing insurrectionist Jacob Anthony Chancey announced he'd request a Presidential pardon, Democracy Now's Amy Goodman reported. Evidence suggests that Chancey, who was filmed "shirtless, wearing buffalo horns and holding a spear", may be one of the rioters who intended "to capture and assassinate elected officials," according to Goodman. As rioters yelled "Hang Mike Pence", the charging documents allege, Chancey aka the "QAnon Shamen", left a note on the VP's desk that ominously warned that "it's only a matter of time, justice is coming", according to Anna Lucia Murillo of the Daily Beast.

No President, before this one, has ever been implicated in a violation of 18 U.S.C. § 2383 - Rebellion or insurrection or 18 U.S. Code § 2384 - Seditious conspiracy. It is virtually impossible to believe that the framers of the U.S. Constitution intended the availability of the pardon power to be utilized as an instrument designed to entice others to assist in the ultimate violation of the solemn oath to see that the laws of the United States are "Faithfully Executed". The framers of the U.S. Constitution regarded the duty to "Faithful Execute" our laws as so central to our constitutional scheme of governance that Art. II, §1, Cl. 8 of the U.S. Constitution mandates that every President "shall" take the oath before entering office.

On today's BradCast: Donald Trump's Big Lie(s) continue to pose a terror threat, even as his world is crumbling. [Audio link to show follows summary below.]

On Wednesday, during the debate in the U.S. House over Donald Trump's second impeachment, a number of GOPers argued that the bipartisan call for accountability in response to the President of the United States inciting a terrorist attack on the U.S. Capitol last week would only serve to make matters worse. A number of Trump's defenders charged that if the Congress that was attacked by his MAGA Mob attempted to hold him to account it would be too "divisive" and anger his supporters at a time that the nation needed "unity" and "healing".

At the very same time, according to Greg Sargent at Washington Post today, a number of U.S. intelligence agencies, including DHS and DoJ, issued a memo warning that Trump's Big Lie about a "stolen election" was serving as the driving force for "Domestic Violence Extremists" (DVEs) who pose a serious threat of further violence in coming days.

Nonetheless, few of those Republicans in the House pretending to be concerned about dividing the nation further were willing to say the one thing that might actually "lower the temperature": That Joe Biden won the election fair and square according to all available evidence and that Donald Trump lost it in the same fashion.

Phony GOP concerns about "divisiveness" not withstanding, their refusal to do the right thing by debunking Trump's ridiculous claims that the election was stolen, rather than play along with them, has resulted in news that the National Mall in D.C. will now reportedly be closed entirely for the first time during a Presidential Inauguration due to the threat of domestic terrorism.

Trump's Big Lie about the election is not the only one. Some of the House Republicans on Wednesday were attempting to rewrite reality by claiming that Trump, at his MAGA Mob rally before the insurrection at the Capitol, did little more than "urged attendees to, quote, unquote, peacefully and patriotically make your voices heard. There was no mention of violence, let alone calls to action." That was the claim made by Pennsylvania's lying Rep. Guy Reschenthaler. Reality --- and actual evidence --- prove otherwise, as we do as well on today's program. Given that Trump's impeachment trial in the Senate on this very matter awaits, it seems wise to get a jump on this newest Big Lie.

But, as dark as this moment may be for the safety of Americans and future of American democracy, there is still plenty of Trump Schadenfreude News to be enjoyed today. Including the fact that Trump is reportedly "isolated and angry at aides for failing to defend him" during his second impeachment; his approval ratings have plummeted 11 points since December; and New York City is joining a growing list of those cutting ties to the disgraced Trump. As his Trump Organization empire begins to crumble, he is already losing millions of dollars worth of business from those who regard his brand as too toxic to get anywhere near at this point. And things are likely to get much much worse for him in the days ahead.

All of that and much more, with gusto, on today's program, before we close with some accountability news when Desi Doyen joins us for our latest Green News Report...

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On today's BradCast: Donald John Trump made history yet again on Wednesday by becoming the first President to be Impeached twice. Plus, a former Congressman and diplomat warns accountability is needed if the nation ever hopes to recover. [Audio link to full show is posted below summary.]

The U.S. House voted 232 to 197, with 10 Republicans joining all of the Democrats, to charge the soon-to-be-former President with "Incitement of Insurrection" [PDF] for inflaming his violent MAGA mob before they stormed the U.S. Capitol just one week earlier. Using false claims that he had actually won the election in a landslide, he told his infuriated supporters to "fight like hell" to prevent the 2020 election from being stolen for Joe Biden. At least five people, including a police officer, were killed during the insurrection, another officer later committed suicide. Scores of both law enforcement officials and rioters were hospitalized as the marauders attempted to find and kill Vice President Mike Pence, House Speaker Nancy Pelosi and other lawmakers.

Soon-to-be-former Senate Majority Leader Mitch McConnell responded to the historic day by ruling out a trial on the charge in the U.S. Senate before next week's inauguration of Joe Biden. He did not, however, rule out his own vote to convict the twice-impeached President. Some close to McConnell have reportedly suggested that he may see the impeachment and a subsequent conviction of Trump as a way to distance the GOP from the nation's worst and most divisive President.

We share a number of the statements made during the House floor debate, both for and against Trump's impeachment, on Wednesday, including from one of the Republicans who broke with his party to vote to impeach the President.

Then, we're joined by former Democratic Congressman and diplomat TOM PERRIELLO, who now heads the Open Society Foundation for the U.S. Perriello, after serving as Representative for Virginia's 5th Congressional District, went on to serve as the U.S. Special Envoy to the African Great Lakes Region during the Obama Administration. Earlier in the 2000s he worked as a U.S. diplomat with the UN-mandated Special Court for Sierra Leone and as a consultant to the International Center for Transitional Justice in Kosovo (2003), Darfur (2005), and Afghanistan (2007).

Comments from Perriello caught our eye last week when he was quoted by the New York Times following the attempted coup at the Capitol. It was an article on the growing demands by Democrats for accountability for Trump, his family and his associates after he leaves office. In the piece, Perriello is cited --- based on his experience helping to resolve political crises in various developing nations, including one in which a President attempted to stay in office beyond his constitutional term --- noting: "Countries that skip the accountability phase end up repeating 100 percent of the time --- but the next time the crisis is worse."

“People who think that the way forward is to brush this under the rug," he told the paper, "seem to have missed the fact that there is a ticking time bomb under the rug."

On a day in which a majority of House Republicans argued and voted against accountability for last week's Trump-incited violent assault on the U.S. Capitol --- with many arguing, hypocritically, that impeachment would merely serve to anger Trump supporters and lead to more divisiveness and hostility at a time the nation needs healing --- Perriello's insight based on his years of experience abroad is enlightening. Citing, for example, the efforts to rebuild Liberia following the tumultuous, criminal reign of its former President Charles Taylor, was to bring charges. "The only real path to peace involved accountability for him and the other warlords who had driven so much of that conflict across the region."

"Accountability can take a lot of different forms, but there's a reason you don't have a lot of candidates out there and politicians saying they want to be the next Richard Nixon or the next Joe McCarthy. These are people who faced public accountability in the form of censure and resignation, with real consequences to them. And that tends to define the path forward," ," Perriello tells me. "There's a reason that in Germany, there are not statues set up to Hitler and other Third Reich figures. The way in which we choose to understand our history and hold people to account has real consequences for other leaders in the future, and the actions they choose to take."

Citing his concern about what could happen in the coming days, in the wake of last week's attempted coup, he notes: "The insurrectionists are already planning escalations. The failure to take seriously such similar provocations or promises, really, is part of what got us into this mess. ... To me, as someone who has worked in conflict zones and on transitional justice, the most scary image was them walking out not in handcuffs, because those images were ones that simply invited the idea of impunity. And impunity leads people to repeat those events, and repeat them with escalation. Allowing even a 24-hour news cycle in which these people could exit as heroes, was something that was almost certainly going to lead to more violence down the road. And that's why this issue of introducing accountability is important." 

So, is the best way for Joe Biden to help "heal" the country to look forward, not back, as the Obama Administration did when taking office after George W. Bush, when they failed to bring accountability for torture and domestic spying by the Administration or for those whose crimes resulted in the 2008 financial crisis? Or should the Biden Administration hold Trump and his enablers to account for their actions? Should some sort of Truth and Reconciliation Committee be formed to help the U.S. out of its current seemingly-intractable morass, as Perriello helped oversee in overseas, third-world nations?

He offers his thoughts on all of that, on Biden's nomination of Judge Merrick Garland for Attorney General, as well as on today's history second impeachment of Donald Trump, and even explains why he believes "this may yet be our finest hour." All of that on today's jam-packed program!...

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On January 3rd --- three days before Trump's violent insurrection at the U.S. Capitol --- John McCain's 2008 campaign chair Steve Schmidt argued "The die is cast for the Republican Party. It will be destroyed on January 6th." His brief but prophetic Twitter thread went on to argue that his former Party would not be able to survive its factionalism and "the poisonous fruit from four years of collaboration and complicity with Trump's insanity, illiberalism and incompetence are ready for harvest." He ended the thread charging: "There are only two sides in American politics now. There is the American side and the Autocratic side. May God help us all if we falter, flag or fail in defense of American democracy." Schmidt's prediction, as we discuss on today's BradCast, appears spot on. [Audio link to today's show is posted below the summary.]

Among the stories, many of which appear to buttress Schmidt's case, covered on today's program....

• The Pentagon's Joint Chiefs of Staff issued an unprecedented statement to the military (and the nation), condemning the "violence, sedition and insurrection" at the U.S. Capitol last week, reminding them of their duty to defend the Constitutional process, and made clear that "President-elect Biden will be inaugurated and will become our 46th Commander in Chief" next week.

• In the wake of that deadly, Trump-incited coup attempt, many major corporations have announced they will be withholding millions in campaign funding to Republicans who voted against affirming Joe Biden's Electoral College victory last week. Some will also be withholding funding from Democrats...for apparently no sensible reason at all. (Not that we're against it.)

• If the news of losing their funding from major corporations wasn't bad enough for Republicans, their biggest funder, billionaire Sheldon Adelson, died on Tuesday. We suspect GOPers will keep kissing up to his widow, however, in hopes of continuing to rake in Adelson's corporate campaign cash.

• How upside-down has the nation become in the Trump Era? We have to laud Liz Cheney (Liz Cheney!) today for coming out in favor of the Article of Impeachment [PDF] Democrats are now moving through the House, charging Donald Trump with "Incitement of Insurrection". Even soon-to-be-former Republican Senate Majority Leader Mitch McConnell, reportedly, is not opposing it and is even said to be "pleased" about it.

• House Minority Leader Kevin McCarthy (R-CA) is not nearly as clever as McConnell, as several stories we cover today make all too clear. Among them, on Monday, following a conversation with the President, McCarthy told his House GOP Conference, according to Fox "News", that Trump acknowledged he bears some blame for what happened last Wednesday, when his supporters attacked the Capitol following his remarks to them, falsely claiming that the election was stolen and they must "fight" to save the nation. McCarthy's thanks for passing on that message from Trump? Today in Texas, Trump said he takes no responsibility at all for the riot. "People thought that what I said was totally appropriate," Trump told media, "Everybody to the ‘t’ thought it was totally appropriate.”

• Among those who didn't find it "totally appropriate," New Jersey's former Republican Governor and longtime Trump buddy Chris Christie, who said "if incitement to insurrection" isn't grounds for impeachment, "I don't know what is." Maryland's current Republican Governor Larry Hogan echoed the sentiment, agreeing that Trump has "blood on his hands" for the riot that resulted in the deaths of at least five people, including a police officer last week. "He was responsible for inciting this riotous mob. This was an insurrection. They stormed the Capitol and threatened to kill the Vice President and put the lives of people in danger and he had a huge role to play in that," said Hogan, a likely 2024 Presidential hopeful.

• But it may have been California's former Republican Governor Arnold Schwarzenegger whose remarks --- as someone who grew up in Austria in the shadow of WWII --- were the most profound and even, somehow, encouraging. We share his full, emotional, must listen statement posted online over the weekend, comparing the Nazi's Kristallnacht to last week's violent, failed coup.

• Finally, news breaks that Michigan's former Republican Governor Rick Snyder and other former state officials are about to be criminally charged for their parts in the Flint lead water poisoning disaster, which leads us to Desi Doyen and our latest Green News Report, with bad news for the planet as usual, but a bit of welcome schadenfreude concerning the fossil fuel industry and the fates of those toxic political appointees who worked in the Trump Administration...

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We open up the phone lines on today's BradCast for the first time since Donald Trump's deadly attempted coup at the U.S. Capitol last week, to get feedback from callers on whether it makes sense to impeach him again with just about a week and a half left in his term. (For the record, my own opinion is "YES!," and I explain why throughout the course of today's show.) [Audio link to full show is below the summary.]

We start with some of the latest breaking news...

• Trump's illegally appointed Acting Homeland Security Chief Chad Wolf announced, just before air time, that he is stepping down after being critical of Trump following last week's insurrection that killed at least five people, including a Capitol Police officer. Wolf called the riot "tragic and sickening".

• The FBI has reportedly notified all 50 states of the possibility of armed attacks on state houses, as Trump's MAGA Mob are continuing to tell each other that Trump will be inaugurated on January 20th (he won't be) and that we should all prepare for a national emergency in which Trump invokes the Insurrection Act and begins "high profile arrests" between now and Inauguration Day. All of that, his minions have convinced themselves, come amid what they describe to each other as "a battle for our republic against elites that are attempting the very coup that they are accusing Trump of doing."

• Over the weekend, however, House Speaker Nancy Pelosi informed House Dems that if Trump refused to resign, she would hold a vote on a resolution calling for Vice President Mike Pence to invoke the 25th Amendment to remove Trump from power. If that doesn't work (it doesn't appear that it will), a vote on a second Impeachment could be held in the House as early as Wednesday. We share the Article [PDF], formally filed in the House today by Reps. Jamie Raskin (D-MD), Ted Lieu (D-CA), David Cicilline's (D-RI), and Jerry Nadler (D-NY) for "Incitement of Insurrection", on today's program.

• Over the weekend, both Democrats (like AOC) and Republicans like Sen. Pat Toomey (PA), Lisa Murkowski (AK), Ben Sasse (NE) and Trump ally and former Governor of New Jersey Chris Christie all suggested they might support impeachment and removal of the President. As Christie noted, "If inciting to insurrection" isn't an impeachable offense then "I don't really know what is."

• Nonetheless, a number of Republicans are suggesting that if either the 25th or impeachment are invoked, it would lead to further violence. As Rep. Kevin Brady (R-TX) pathetically tweeted on Saturday, "Those calling for impeachment or invoking the 25th Amendment in response to President Trump's rhetoric this week are themselves engaging in intemperate and inflammatory language and calling for action that is equally irresponsible and could well incite further violence." --- In other words, if you hold anybody accountable for inciting violence, you are inciting the same people to more violence. So, best to do absolutely nothing, apparently. Very patriotic and courageous, Congressman.

• On Sunday night, the PGA pulled their planned 2022 Championship from Trump's Bedminster, NJ golf resort, adding to the schadenfreude already most likely being enjoyed by anti-Trumpers since Twitter permanently banned him from the social media platform late on Friday.

As to the timing of how to pull off an impeachment with just days left in Trump's Presidency, it's important to understand --- as we discussed with former federal prosecutor Ben Clements on last Friday's show --- that an official doesn't even have to still be in office to be impeached. There is historical precedent for that. Clements, and others, argue it's important to impeach Trump if only to convict him at trial so that he cannot run for public office ever again.

It should also be noted that the House may vote to impeach this week or next, but wait until after Biden is sworn into office before sending the Articles to the Senate for a trial. That's what some Dems are now calling for. Rep. James Clyburn wants to wait until Biden's first 100 days are over. Others suggest waiting just long enough to allow Biden's cabinet to be sworn in, since all Senate business must stop when a Senate impeachment trial begins. With Chuck Schumer as Majority Leader, after Biden and Vice President-elect Harris are sworn in, a real trial could be held in the Senate, with dozens and dozens of witnesses, unlike the show trial McConnell held to quash the charges Trump was previously impeached for last year.

So, lots to chew over on today's program, and lots of callers ringing in with thoughts on all of the above...

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The walls are closing in very quickly now --- even throughout our hour today --- on the man who President-elect Joe Biden correctly, if generously, described today as "not fit to serve" and "one of the most incompetent Presidents in the history of the United States of America." As we go to air, Donald Trump is still in office. We can't tell you for certain if that will still be the case by the time you hear today's BradCast. [Audio link is posted at bottom of article.]

On Thursday night, U.S. Capitol Police officer Brian Sicknick succumbed to injuries sustained during the attempted coup at the Capitol on Wednesday, as incited by Trump. He was the fifth person to have died amid the mayhem wrought by our outgoing criminal President. Sicknick's death, which Trump didn't bother to mention today, may add yet another crime --- conspiracy to incite murder or manslaughter --- to Trump's quickly growing rap-sheet.

On Friday morning, House Speaker Nancy Pelosi issued an ultimatum. Either Trump resigns now or new Articles of Impeachment will be filed on Monday. That, as the Administration rats continue to flee his sinking ship, with more resignations and the welcome news that sore loser Trump will not attend Biden's inauguration and plans to leave D.C. as of the day before. "Good riddance," we say, in echoing the two word statement issued by the American Federation of Teachers last night upon the news that Education Secretary Betsy DeVos was also quitting (though only after four convicted murderers and war criminals who worked for her brother received Presidential Pardons.)

More on Trump's growing legal perils and calls for accountability with my guest today, but first a few words on the news that Dominion Voting Systems has filed a $1.3 billion lawsuit against Team Trump attorney  and his fellow perpetual liar and con-artist Sidney Powell. The private voting systems vendor charges Powell led a campaign to spread "wild" and "demonstrably false" claims about the company, including lies about their voting systems being developed with communist money in Venezuela by the late Hugo Chavez and, with the help of George Soros and China and Cuba, being used to steal the election for Biden.

(Her absurd Venezuela/Chavez claims are bastardized and re-imagined versions of my detailed, accurate, exclusive investigative reporting at The BRAD BLOG from approximately 2008 to 2010. And, while I've been wildly critical for many years of Dominion's unverifiable voting systems, as deployed by Georgia's Republican Sec. of State, there is nothing to support Powell's fantastical claims, including her evidence-free assertions that the state's SoS and Governor received kickbacks from the company to deploy their machines in the Peach State, for the first time, in 2020.)

Dominion, which previously warned they were likely to sue for slander and defamation if Powell did not retract her false claims (she refused and "doubled down" instead, according to the 124-page complaint [PDF]), also has sent similar warnings to other Team Trump liars such as Rudy Giuliani, Fox "News", Newsmax and One America News. They suggest they may even sue Trump himself. We'll hope they do, even if I'm called to testify by the private election vendor which should have no place in our public election system.

But, for now, according to our guest today, Constitutional expert and former federal prosecutor BEN CLEMENTS, Board Chair and Senior Legal Advisor of the non-partisan government accountability group, Free Speech for People (FSFP), it's accountability for the "seditious" President of the United States that is of the greatest immediate concern.

Clements, along with FSFP's  John Bonifaz and Ron Fein, filed an op-ed in the Boston Globe on Tuesday --- the day before the Trump-instigated insurrection at the Capitol on Wednesday --- calling for Trump to be immediately impeached for a second time.

"At the time we wrote the op-ed, we were only dealing with the first major set of felonies that the President committed this week, in the effort to falsify the Georgia election results in his favor," he tells me today, referring to last Saturday's phone call by the President to GA's Sec. of State, cajoling and threatening him to "find" enough votes to steal the election for him there. (Yes! That was just this past week as well!) "At this point, we obviously have a second set of felonies in connection with his incitement of a seditious mob on Congress, which creates an even greater urgency."

But the reason Clements is calling for a second impeachment this late in Trump's term is because, as he explains: "There is really, for the most part, only one sure way to ensure that Donald Trump is not permitted to again run for office in this country...And that way is through the impeachment power.   If the Senate convicts, an official can be removed, but they can also be disqualified from ever holding federal office again. Aside from removal, which is now needed more urgently than ever, there is the need to disqualify him, to prevent him from running in 2024, or from running for anything else at any time in the federal government."

With just 12 days left before Biden's Inauguration, is there even enough time for such a proceeding?  As Clements, who authored a book with Bonifaz and Fein called The Constitution Demands It: The Case for the Impeachment of Donald Trump, details that impeachment and a Senate trial can happen even after an official is out of office. Indeed, as he (and his op-ed) recounts, there is even historical precedent for it.

We also discuss whether the Constitution allows for a Presidential self-pardon, whether Trump will try to execute one, whether lawful or not, and as FSFP called for yesterday, the need for Joe Biden's Attorney General-designate, Judge Merrick Garland, to immediately empanel an independent task force, once confirmed, to coordinate and investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."  Clements argues that, without public pressure, Democratic Administrations have had a tendency in the past, when taking office "after a corrupt and sometimes lawless Republican administration" to make a "a quick call to 'turn the page.'"

"We are hearing those calls broadly already," he says. But "if we really want to move forward, if we really want to restore the integrity of the Department of Justice, there must be accountability for the crimes of this Administration and particularly of Donald Trump. And there must be accountability for the destruction that he created to our democracy and to the Department of Justice. The reason we're calling for this is there is a risk that there will be this temptation to say 'he's out of office and let's move on.' And I think that would be a GRAVE mistake that will invite more lawless activity, that will invite more of the kind of activity that we saw on Wednesday with the attack on the Capitol."

As we chatted, news came in that Alaska's Republican Senator, Lisa Murkowski, is now calling for Trump to resign, declaring "I want him out" and threatening to leave her party if they continue to align with him. And Twitter finally did the right thing (years belatedly) by permanently banning Trump, citing the risk of further incitement of violence.

It's going to be a very dark weekend for Trump. But, for us, we close a dark week today with a long overdue, brand new and hilarious parody tune for the seditious moment, from the great Randy Rainbow! Enjoy!...

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Today's BradCast picks up where yesterday's left off, amid the Trump-instigated attempted insurrection by his MAGA Mob at the nation's Capitol amid the formal affirmation of Joe Biden's Electoral College victory. We continue then with all of the mind-boggling fallout thereafter. [Audio link to full show is posted below this summary.]

Among the stories covered today on today's show...

• Morning Joe speaks for us, in his response to Wednesday's shameful attempted coup and pathetic response to it by the Capitol Police;

• So does Joe Biden, who, like Joe Scarborough, notes how differently a white rightwing MAGA Mob was dealt with, versus how things would have played out had those violent rioters who invaded the Capitol building been BLM protesters;

• Trump won't be escaping to Scotland after all. Guess he'll have to find another country willing to harbor a likely fugitive from justice;

• Once the Capitol building was cleared of Trump's lawless marauders on Wednesday night --- and four insurrectionists had died in the bargain --- the Electoral College affirmation by Congress that they'd attempted to prevent, picked up once again, with a (very slightly) chastened GOP. We share several outstanding speeches from the Senate floor in the middle of the night/early morning, as delivered by Senators Cory Booker (D-NJ) and Mitt Romney (R-UT). That, before seven Republican U.S. Senators and 138 GOP House Members (68% of the caucus!) voted, unsuccessfully, to nullify millions of votes cast by the voters of Arizona and Pennsylvania;

• For the record, the seven Republican Senators who voted to nullify the voters in those two states --- even after the attempted coup at their own place of work --- are: Cruz (TX), Hawley (MO), Lummis (WY), Marshall (KS), Scott (FL), Tuberville (AL) and Hyde-Smith (MS). May their names live in eternal infamy and shame;

• Trump and his Republican Party's shameful, evidence-free attempt to use the Electoral Count Act of 1887 or 12th Amendment to the Constitution in order to steal the 2020 Presidential election has officially failed, as Biden's Electoral College "landslide" was affirmed by Congress at 3:45am on Thursday morning, January 7th. The MAGA Mob riots served no purpose other than to kill several Trump supporters and injure more than a dozen Capitol police. The results of the election were exactly as they were certified by all 50 states weeks ago;

• Amid the insurrection and while being locked out of his account at both Twitter and Facebook overnight (he has since been allowed to return to Twitter, though Facebook says he will be banned until at least after Inauguration Day), Trump's mood was said to have grown increasingly erratic. His rage reportedly resulted in Mike Pence's Chief of Staff (and Trump's own former Legislative Director) being banned from the White House, and staffers were reportedly instructed by the White House Counsel to stay away from him, lest they find themselves as an accessory to treason under the Sedition Act;

• About eight staffers have resigned following Wednesday's events, including Trump's former Press Secretary (Stephanie Grisham), his former Acting Chief of Staff (Mick Mulvaney) and his Transportation Secretary Elaine Chao, the only cabinet member, so far, to jump off the sinking ship. Chao also happens to be married to the soon-to-be-former Senate Majority Leader Mitch McConnell, who will presumably be the Republican Minority Leader following the apparent victories by Jon Ossoff and Raphael Warnock on Tuesday in Georgia's U.S. Senate runoffs. None of those who waited until now to resign should be hailed as heroes;

• By Thursday morning, both incoming presumptive Senate Majority Chuck Schumer and House Speaker Nancy Pelosi had issued statements calling for the 25th Amendment to be invoked by Vice President Pence and Trump's remaining cabinet members to remove him from office immediately. Pelosi correctly describes Trump as having incited "an unpseakable assault on our nation and our people." Short of impeachment, both Democratic leaders say, another impeachment for "willfully inciting violence against the government of the United States"; "gravely endanger[ing] the security of the United States"; and "demonstrat[ing] that he will remain a threat to national security, democracy and the Constitution if allowed to remain in office" remain a possibility, as detailed in Articles now being circulated for consideration by House Democrats;

• If you're not familiar with how the 25th Amendment would work, should it be invoked (there is also at least one Republican lawmaker calling for it today, describing Trump as "unfit" and "unwell"), here's a quick primer;

• Finally, Desi Doyen joins us for some much brighter news, believe it or not, in our latest Green News Report, where the overlooked news about Democrats clawing back a legislative majority in the Senate may be very very good news indeed...as long as WV's coal-loving Democratic Senator, Joe Manchin, decides to help save the planet by playing along...

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After a not-nearly-long-enough break, The BradCast is back for the new year, when everything will be entirely better than the old year, right? Well, if the last several days of insanity that we now refer to as "news" is any indication, the answer is: "Not so much!"  It will be impossible to adequately cover all we discussed on today's program in today's summary. But, we'll give you the basics here and hope you tune in for the full story. [Audio link to full show is posted below summary.]

While we were off, both houses of Congress overrode Donald Trump's ridiculous veto of the "must-pass", $780 billion National Defense Authorization Act to fund the military for another year. But GOP Senate Majority Leader Mitch McConnell was nonetheless successful in preventing Americans from receiving $2,000 pandemic checks, despite best efforts of Democrats, a tiny, uninspiring handful of Republicans, and even Trump himself. That, as the nation clocked an unfathomable 350,000 COVID deaths, which is the equivalent of blowing up about 17 sold-out NBA arenas and killing every single person in every single one of them, or 115 9/11s over the past 10 months in the U.S.

With that, the new 117th Congress convened for the first time on Sunday, with a narrow majority for Republicans in the Senate (pending Tuesday's two U.S. Senate runoffs in Georgia) and with a narrow majority for Democrats in the House, where they elected Nancy Pelosi as Speaker for another two years.

Despite all of that pretty big news, it all seemed to pale in comparison to Donald Trump's ongoing electoral death rattle. With concerns about how our unstable President may react as his days in office dwindle, every living former Defense Secretary (10 of them, Republican and Democratic, including the two fired by Trump and even Dick Cheney, who was apparently concerned enough that he reportedly led this effort), published a short, sharp group op-ed, making it crystal clear that any "efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory," and that "civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic."

Even as that was being published on Saturday, Trump was on the phone for an unhinged hour with the Republican Secretary of State of Georgia, haranguing, threatening and cajoling him to change the state's Presidential election results to award the state's electoral college votes to Trump. We play part of that call, which may have been in violation of both state and federal laws, on today's show. We do not do it justice. The Washington Post has published the full bonkers audio and transcript, including Trump's long-ago debunked fraud claims and repeated false assertions that he won the state by about a half million votes (he lost it by about 12,000) and that he just wants "to find 11,780" votes to "win" the state.

The news of that madness came on Sunday, as Georgia will have it's last day of voting in two U.S. Senate runoffs to determine partisan control of the Senate for the next two years on Tuesday, and as the new Congress meets in a joint session on Wednesday, January 6th, to affirm (or not) the results of Biden's Electoral College victory over Trump by a seemingly comfortable 306 to 232 margin.

Over the weekend, however, more than a dozen Republican U.S. Senators led by 2024 hopefuls Josh Hawley of MO and Ted Cruz of TX, announced they intend to challenge the Electoral College results on Wednesday during what is normally a pro forma procedural affair presided over by the President of the Senate (Vice President Mike Pence, in this case).

And this bring us to crux of where we are and what could happen on Wednesday, as Republicans continue to claim --- through failed lawsuits and other protests --- that the Electoral College Act (ECA) of 1887, which has determined the procedure to be used on Wednesday for about 150 years and 33 Presidential elections without question, is somehow a violation of the Constitution's 12th Amendment.

If Republicans can figure out how to make this argument on Wednesday --- with Pence potentially holding the reins to help them --- we could find ourselves in a Constitutional quagmire leading to....lord knows what.

We're joined today to help explain all of this madness by longtime election integrity advocate, election law scholar and democracy activist, PAUL LEHTO. He argues that, despite so many claims to the contrary (by many of the same folks who said that Trump could never become President back in 2016, by the way) there is, in fact, still a "path" for Trump and his Republicans to steal the election from Biden on Wednesday.

Tune in for the details, but it has to do with how the 12th Amendment says that questions about the validity of Electoral Votes should be dealt with (via a one vote per state vote in the U.S. House), versus how the ECA handles such challenges (with a regular, up or down majority vote in both houses needed to support such a challenge.)

Why is this even a question at this point? Lehto explains in detail.

He also cites the lesson that we should learn from all of this madness: "What we should learn is that what you and election integrity activists have talked about now for decades is coming home to roost," Lehto explains. "And that is that a big, big part of this is the inherent uncertainty when votes are purely processed through computers. Nobody really knows --- until there's a hand recount --- what the result is, and partisan people can attach to that uncertainty and that doubt any theory that they wish to in order to keep hope alive."

"So we need a voting system that leaves no doubt as to that result . And in order to have that you have to have transparency," he says, adding: "Basically, this is all the chickens coming home to roost, in terms of our non-transparent voting system."

There's more. But, again, you'll need to tune in for it. Happy New Year?...

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Acting Defense Secretary Christopher Miller --- and every civilian and sworn member of the U.S. military under Miller's chain-of-command --- has a legal duty, under the Uniform Code of Military Justice, to refuse to carry out an unlawful order to take part in a military coup that is designed to prevent the peaceful transfer of power to the duly elected 46th President of the United States on January 20, 2021. That duty holds even if the order to carry out that military coup is issued by the current Commander in Chief.

This is not an abstract concern.

Recall that the increasingly desperate Donald Trump previously discussed with the disgraced and recently pardoned, former National Security Advisor, Lt. General Michael Flynn, the possibility of utilizing the military to facilitate a re-do of what U.C. Irvine Law Professor Rick Hasen described as a "decisive" electoral victory for his opponent, Joseph R. Biden.

The prospect that Trump would dare to issue an unlawful coup order was driven home by the fact that all ten living former Secretaries of Defense found it necessary to publish an ominous Washington Post editorial on Sunday that they directed to Miller. With his subordinates, Miller has failed to fully cooperate with the transition, according to President Elect Biden.

The former Secretaries of Defense not only admonished Donald Trump's newly placed Acting Secretary of Defense that he had a duty to facilitate the transition, but also issued a stark warning: "Civilian or military officials who carry out [efforts to involve the U.S. military in the election] would be accountable, including facing criminal penalties, for the grave consequence of their actions on our republic."

The potential for such an unlawful order is underscored by the fact that the former Secretaries of Defense, who signed off on the op-ed, included Mark Esper. He was fired by Presidential Tweet on November 9 --- two days after the networks called the election for Biden. While we don't know precisely what Trump may have conveyed to Esper, there can be no doubt but that Esper, more than any other former Secretary of Defense, is acutely aware of Trump's post-election state of mind.

The word needs to go out, not only to Miller's subordinates and to high-ranking members of the military, serving at the Pentagon, but also to everyone who wears the uniform. You must not obey an unlawful order to carry out a military coup.