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Latest Featured Reports | Sunday, February 28, 2021
Sunday 'Party Unity' Toons
Let's all come together for PDiddie's latest collection of the week's best toons...
SCOTUS Could Soon Kill the Voting Rights Act:
'BradCast' 2/26/21
Guest host Nicole Sandler with Constitutional law expert Ian Millhiser...
Texans Pay Big Price for Enron-Like Deregulation
A Green New Deal didn't cause the Lone Star State's deadly power crisis, but it could help prevent the next one...
You Never Forget Your First: 'BradCast' 2/25/21
Guest host Nicole Sandler with historian/author Alexis Coe...
'Green News Report' 2/25/21
  w/ Brad & Desi
Historic Interior nom fends off GOP attacks; New USPS trucks won't be all-electric; TX deregulation cost users $28 billion; PLUS: TX refineries released tons of toxins during crisis...
Previous GNRs: 2/23/21 - 2/18/21 - Archives...
SCOTUS Puts Both Trump and Future Elections in Legal Peril: 'BradCast' 2/24/21
Guest: Slate's Mark Joseph Stern; Also: Virginia is no longer for death penalty lovers...
Merrick Garland, Cyrus Vance and Trump Accountability: 'BradCast' 2/23/21
Guest: Marcy Wheeler; Also: SCOTUS ends 2020 GOP election challenges; GA Repubs' vote suppression bills...
'Green News Report' 2/23/21
TX power returns, water crisis continues; Repubs who lied about wind energy got big bucks from Big Oil; PLUS: U.S. officially rejoins Paris Climate Agreement...
Seeking Environmental Justice in the 'ALONE' Star State: 'BradCast' 2/22/21
Guest: Dr. Robert Bullard of Nat'l Black Environmental Justice Network; Also: COVID kills 500k; SCOTUS denies Trump; Dominion sues MyPillow guy for $1.3B...
Sunday 'Kick the Can' Toons...
Kick back with PDiddie's latest collection of the week's best political toons...
Cruz Deserts Texas, NASA Returns to Mars: 'BradCast' 2/18/21
Guest: Margot Paez, formerly of 'BradCast' and NASA's Jet Propulsion Lab; Also: TX crisis spikes oil, gas prices...
'Green News Report' 2/18/21
Special Coverage: TX power grid devastated by deep freeze, death toll climbs, privatization to blame, RWers launch TX disinfo campaign to falsely blame wind power...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
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...

DOJ PROBE SOUGHT AFTER VA ARREST
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...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
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...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
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...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
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...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
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...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Biden's victory is affirmed by Congress following Trump's attempted MAGA Mob insurrection; Fallout continues, including White House resignations, calls for impeachment, 25th Amendment...
By Brad Friedman on 1/7/2021 8:28pm PT  

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;
  • 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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Democracy activist, legal scholar Paul Lehto; Also: New Congress, same old problems; Former SecDefs issue warning about Trump; Unhinged President's unhinged phone call threatening GA's Sec. of State...
By Brad Friedman on 1/4/2021 7:39pm PT  

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?...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Op-ed from all 10 living former DefSecs offers ominous warning...
By Ernest A. Canning on 1/4/2021 12:08pm PT  

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.

* * *
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on twitter: @cann4ing




Deception, repeatedly rejected meritless claims and two 'beyond the pale' 11th-hour lawsuits justify legal discipline, perhaps even disbarment...
UPDATE, 1/1/21: Ohio State Law Professor describes latest assault on election as 'breathtaking and preposterous'; UPDATE, 1/2/21: Court dismisses Gohmert 'legal' challenge; UPDATE, 1/3/21: 5th Circuit panel denies Gohmert motion for an expedited appeal; UPDATE, 1/4/21: DC District Court denies motion for a preliminary injunction; contemplates imposing sanctions...
By Ernest A. Canning on 12/31/2020 10:35am PT  

As recently reported by John Kruzel of The Hill, the attorneys taking part in Donald Trump's dishonest effort to overturn the results of the Nov. 3 Presidential election "face mounting ethics complaints" that could result in sanctions ranging from fines to censure, suspension or even disbarment.

Michigan's Democratic Attorney General Dana Nessel recently explained why she is seeking to have Team Trump attorney Sidney Powell and others subjected to discipline, including disbarment, for professional misconduct in conjunction with continuing frivolous legal efforts to overturn the results of the Nov. 3 Presidential Election...

Every lawyer, in order to become a licensed professional, takes an oath of office in which they swear to uphold the Constitution. Instead, she [Powell] has done nothing but undermine it. There are so many Rules of Professional Conduct. You can't bring frivolous lawsuits that are not based on fact or the law. You can't have fraud, deceit, misrepresentation, things that are prejudicial to justice. You can't knowingly bring evidence that is false, or make misleading claims. She's broken each and every one of these in all of her cases. Just in the Michigan cases alone, she's breached each and every one of these codes of conduct.

Nessel's observations are certainly consistent with Rules 3.1 and 3.3 of the Michigan Rules of Professional Conduct [PDF] which prevent the pursuit of frivolous claims and forbids attorneys from knowingly making false statements of fact or law to any tribunal. "An action is frivolous," Rule 3.1 explains, "if the lawyer is unable to make a good-faith argument on the merits of the action taken, or to support the action taken by a good-faith argument for an extension, modification, or reversal of existing law."

MI's rules are in line with the American Bar Association's Rules of Professional Conduct as well.

Nessel is by no means alone in her critique of the dubious legal tactics being taken by a number of attoneys allied with Trump. In Delaware, a state judge, on his own motion, issued an order "to Show Cause why the permission to practice" pro hac vice (in a specific case), previously extended to out-of-state Georgia Attorney L. Lin Wood, Jr., should be "revoked". The court believes Wood may have "engaged in conduct in other jurisdictions, which, had it occurred [in a Delaware case], would violate the Delaware Lawyers' Rules of Professional Conduct."

There's a growing body of evidence that multiple attorneys have knowingly pursued frivolous claims that in hopes of undergirding Trump's dangerous and baseless conspiracy theories that the election was somehow stolen from him. They've piled up 59 losses in state and federal courts, many entailing outright dismissals by judges who described the pleadings as "without merit". Yet, that didn't stop right-wing groups of attorneys from recently filing 11th hour federal complaints that are not merely meritless but beyond the pale. So much so, that the D.C. and state bar associations might consider imposing the ultimate tool of attorney discipline --- disbarment...

--- Click here for REST OF STORY!... ---




Guest: Heather Digby Parton of Salon and Digby's Hullabaloo...
By Brad Friedman on 12/23/2020 7:48pm PT  

Our long national nightmare may be over in about 28 days...but it ain't over yet. Not by a long shot. And, as detailed on today's BradCast, it's becoming more unnerving by the second, with Donald Trump's mental health seemingly devolving rapidly with each and every one. [Audio link to show is posted below.]

Curiously, corporate media are sounding more and more like The BradCast with each passing day. Among the stories underscoring that point as Trump's days in the White House continue to wane (whether he is able to admit that out-loud or not)...

  • "Trump turns on everyone," reports Jonathan Swan at Axios. "Everyone" now appears to include "Vice President Pence, chief of staff Mark Meadows, White House counsel Pat Cipollone, Secretary of State Pompeo and Senate Majority Leader Mitch McConnell." (With a hat-tip to Lincoln Project, for their video getting inside Trump's head regarding Pence);
  • Pentagon Correspondent Barbara Starr reports anxiety is rising at DoD, with one officer telling her "We don't know what he might do" in these final days. They were particularly alarmed after talk from disgraced and pardoned former National Security Advisor, Lt. General Michael Flynn's call for Trump to invoke Martial Law and order the military to "re-run" the election in some states that Trump lost. The military, according to Starr, wants nothing to do with any of it. We hope her reporting is accurate;
  • Amid all of this, Trump unleashed another wave of Presidential pardons for his friends and the friends of his friends on Tuesday night. This time for 4 war criminals charged with murder for carrying out a massacre of Iraqi civilians while employees for Blackwater, the mercenary company owned by Eric Prince (brother of Trump's Education Secretary, Betsy DeVos); 3 corrupt, felonious Republican former Congressmembers (including the first two members of Congress to endorse him, Chris Collins of NY and Duncan Hunter, Jr. of CA); and 2 Campaign staffers who plead guilty to felonies tied to the Robert Mueller Special Counsel probe into Russian interference during the 2016 election. (And, after getting off air tonight, Trump has issued still more pardons for still more of his friends, including for his former campaign manager Paul Manafort, former campaign advisor Roger Stone, and for Charles Kushner, father of his son-in-law Jared, all convicted of multiple felonies);
  • But wait, there's more. Much more! During an unhinged, pre-taped White House video posted to Twitter last night, Trump threatened to veto the $900 billion COVID relief bill attached to the government's must-pass annual spending bill to avoid shutting down again. The long-overdue emergency relief was finally passed by Congress after eight months of Trump refusing to participate in negotiations. He's now pretending to be upset that stimulus checks to be sent to many Americans will only be $600. Congressional Republicans and White House negotiators insisted it could be more no more than that. But Trump now suggests he may veto the measure unless payments are increased to $2000. Dems, who had been trying to increase the amount of payments for months immediately joined Trump's call. Congressional Republicans (and the two incumbent Republican Senators running in the January 5th runoffs) are apparently furious, confused, and not sure how to fulfill the demands of their Frankenstein's monster;
  • And, just before airtime, Trump vetoed another long-negotiated must-pass bill, the $790 billion Military Authorization spending bill which was enacted last week by veto-proof majorities in both houses of Congress;
  • That's only a taste of what, according to the Washington Post today, has now "plunged" the GOP "into open warfare over President elect Joe Biden's election victory --- with President Trump taunting Senate Majority Leader Mitch McConnell and threatening primary challenges against other Republicans, House lawmakers egging on senators to contest the counting of electoral college votes next month, and senior GOP senators rebuffing that effort as a pointless political exercise";
  • All of which, as the New York Times reports today, has resulted in Trump at the "most unleashed...and...most unpredictable point in his presidency," while he is desperately "focused on the one area in which he is powerless to get what he wants: a way to avoid leaving office as a loser";

With that nightmarish backdrop, our guest today, HEATHER DIGBY PARTON of Salon and Hullabaloo joins us to explain why Trump's final days are "more frightening than Nixon's" as he "seems to be having a very public nervous breakdown."

"We knew he wasn't going to act like a normal President and be gracious and have Biden over coffee. I didn't expect that," she tells me. "But this? He's so incredibly afraid of being called a loser that he's turned himself into the greatest sore loser in world history!"

"He's clearly melting down," she adds. "As far as I am concerned, when you have a President who is melting down, who has this capacity to launch a nuclear war, we're in a very dangerous situation."

She also has a number of thoughts on where this all goes "beyond Trump," after the (theoretically) inevitable Inauguration of Joe Biden, if we manage to get there. "The rationalization of these people. The brain-poisoning...The absolutely servile Republican Party that has completely abdicated all responsibility," observes Parton. "He is the Republican party. They are part of it, if they choose to be. But there is no Republican Establishment. There's only him."

This, she cautions, is "Trump's last stand," before adding ominously: "At least, we think it is."

We've tried to touch base with Parton at many of the landmark moments throughout the nightmarish Trump Presidency (and candidacy --- she was also with us the day he descended the gilded escalator at Trump Tower to announce his run for office in 2015.) So, with all of this madness swirling and our long national nightmare before Christmas continuing, it seems like today was another perfect moment to check in with her for our last interview before standing down for the holidays. (Don't worry! Nicole Sandler will be in for us with fresh shows next week! So please stay tuned in!)

Finally, with the critical U.S. Senate runoffs in Georgia now underway, and control of the U.S. Senate hanging in the balance --- (we also discuss with Parton what the January 5 Election Day in GA could mean for the January 6 affirmation of Biden's Electoral College win in Congress on January 6) --- we close with a new tune from Patty Austin with a very important message for our friends in the Peach State: "Georgia, You're Voting for Me Too!"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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, Stitcher, TuneIn or our native RSS feed!
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Guest: The American Prospect's David Dayen; Also: Election chaos at White House; Barr nixes Special Counsel probe of 2020 'fraud'; Fox 'News', running scared, debunks self after legal threat from election vendor...
By Brad Friedman on 12/21/2020 7:37pm PT  

On today's BradCast: Donald Trump's days in the White House are ending, but his response to that reality (and the reality of the most devastating hack of the U.S. government ever) is becoming more manic and desperate by the day. But at least, after nine months, Republicans have seen fit to allow some much-needed, long-overdue financial relief for sick, dying and desperate Americans as both Trump and the GOP's failed response to the pandemic has killed more than 316,000 Americans and may finally be catching up to them politically.

There was reportedly shouting and chaos --- even more than usual --- at the White House over the weekend, as Trump and his clown car friends and attorneys met to propose last gasp efforts to somehow steal and/or undermine the 2020 election. Trump's disgraced former National Security Advisor Michael Flynn --- recently pardoned by Trump for lying to the FBI --- is said to have called on the President to declare martial law to allow the military to re-run the Presidential election in swing-states that Trump lost; Team Trump attorney and professional conspiracy theorist Sidney Powell sought to be appointed as a Special Counsel to investigate 2020 "fraud"; and Team Trump's other corrupt, nut-ball attorney, Rudy Giuliani, reportedly wanted DHS to impound voting machines from battleground states for some reason. Trump's very Trumpy White House staff reportedly pushed back on all of those ideas, incredibly enough, and his outgoing Attorney General, Bill Barr, whose last day at DoJ is Wednesday, said in his final presser as AG on Monday that he saw no reason to appoint a special counsel and no legal grounds for the federal government to seize voting machines.

As that played out, over in the Senate, Mitch McConnell, who had refused to even negotiate with Democrats on a new COVID relief bill for the past nine months following the passage of the initial $2.2 trillion CARES Act in March, finally relented to allow another round of relief --- albeit much smaller --- to be adopted by Congress. That, following more than 16 million infections, hundreds of thousands of deaths and an economy in tatters. The $900 billion package he finally agreed to includes one time $600 payments for many Americans and extends unemployment insurance which runs out entirely by the end of the year, as tens of millions of Americans are now out of work due to the Administration's wildly mishandled pandemic. The package also includes nutrition assistance for the hungry, another round of the Paycheck Protection Program (PPP) for small businesses, money for hospitals and vaccine distribution, and even rent assistance, for the first time, among other things.

It's not nearly enough, says our guest today. But it's something, and it includes "nothing objectionable," at least for the most part. We're joined today by The American Prospect's Executive Editor, investigative financial journalist and author DAVID DAYEN, for details on the measure which he has been covering in-depth for months in his daily, indispensable "UNSANITIZED" report. Dayen explains what's in the bill and what is not, and why that is, along with why it is that McConnell even allowed the measure to come up for a vote at all after months of refusing to do so.

He argues that It's all about the January 5th U.S. Senate runoffs in Georgia, which will determine control of Congress' upper chamber for the next two years. "Mitch McConnell's Senate majority was on the line if he didn't get something done," says Dayen. "If McConnell manages to win at least one of those races in Georgia, he's going to be in control again. Joe Biden will be President, and every dollar that Mitch McConnell agrees to put into the economy is a dollar that helps Joe Biden."

"The question of how 'Not Enough' this bill is entirely is predicated on how fast we can vaccinate people," Dayen explains. "If we can vaccinate everyone by April, then we're probably going to get a rickety but sufficient bridge." But, he adds, if Biden's incoming Surgeon General is right when he noted over the weekend that "we won't get widespread availability of the vaccine until early Fall, then we're in big, big trouble. Because there's no more must-pass bills. The government is now funded through September of next year." That, Dayen notes, means that there is little if any leverage for Democrats to force Republicans to act on behalf of the American people.

"Democrats had to take out grants for state and local government relief," to get this bill passed, he tells me. "So when we get into next year, cities and states that have had these tremendous budget shortfalls, they are the ones who have to figure out how to fill that shortfall when they have no help from the federal government coming. It's likely going to result in cuts to public safety, teachers, firefighters, and public employees and not filling your potholes --- all sort of things at the local level that are going to have to be foregone because there is no money available. Mitch McConnell knows this, [and] that it could have the effect of offsetting any kind of recovery efforts at the federal level. We saw that in 2009. That stunted the overall recovery of the economy, and we're walking into it again." And with McConnell's eyes on 2022, he's likely just fine with that.

All of this underscores the importance of those two U.S. Senate runoffs in Georgia in January, and that Democrats Raphael Warnock and Jon Ossoff ought to be reminding voters every day that if they want any real relief from the federal government for the economic disasters that are almost certain to worsen due to all of this, they must elect both of them to give Senate control to the Democrats under a Biden Administration.

Finally, we've been reporting over the past week on two voting machines companies who have been threatening defamation lawsuits against Rightwing media outlets and the Team Trump attorneys who have been offering false claims that the companies were somehow involved in stealing the election for Joe Biden by flipping votes cast for Donald Trump. Last week, Smartmatic, which has no voting systems in any of the swing-states where Trump is trying to reverse his losses to Biden, threatened rightwing propaganda channels Fox "News", Newsmax and One American News Network (OANN) with defamation suits. They were sent a letter to instruct them that they would be sued if they did not retract false claims about the company, including allegations (apparently bastardized from our original, accurate investigative reporting from 10 years ago) that Smartmatic was somehow working with Venezuela's dead President Hugo Chavez and George Soros, along with the company's competitor Dominion Voting Systems in an international conspiracy to steal the election for Biden.

A day or two after Smartmatic's letter, Dominion sent a similar defamation threat letter to Team Trump attorney Powell seeking a retraction for her outlandish, evidence-free claims about the company.

On Friday then, in a bizarre segment on Fox' Lou Dobbs Tonight' --- which looked and sounded a lot like a deposition led by a disembodied off-camera voice --- Eddie Perez of the Open Source Election Technology (OSET) institute (he most recently appeared on The BradCast just a few weeks ago) answered a whole bunch of questions basically disabusing the evidence-free claims about Smartmatic that have been forwarded for weeks on Dobbs' show and many others. Reportedly Jeanine Pirro's and Maria Bartiromo's Fox shows ran the exact same segment with Perez, using almost identical introductions. The segments then led straight to commercial without comment from the hosts.

Fox is clearly terrified, and should be. As the New York Times' Ben Smith reported over the weekend, Smartmatic has retained attorney "J. Erik Connolly, who not coincidentally won the largest settlement in the history of American media defamation in 2017, for at least $177 million."

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New Dem House majority will be perilously thin on Jan 6th; Pentagon halts Biden transition briefings; Also: Dominion threatens to sue Sidney Powell; Repub attorney calls for hand-marked, hand-counted paper ballots(!)...
By Brad Friedman on 12/18/2020 7:41pm PT  

We're still in Friday the 13th and Nightmare on Elm Street mode on today's BradCast, with a reminder that there are still 33 long days before Inauguration Day. And even though Freddy Kruger (in Nightmare) and Jason (in Friday, which I manage to get mixed up on today's show, but you'll get the idea!) get killed in every movie, they always find a way to reappear once you think they are absolutely, positively dead. We've made it this far, let's not let our guard down until the credits have finished fully rolling! [Audio link to full show is posted below.]

To that end, and beyond, we've got a number of stories worth your attention on today's show, including...

  • The Democrats' majority in the new House of Representatives will be perilously thin --- just four votes --- when the new Congress is sworn in on January 3rd, warns Norm Ornstein at WaPo. That could very much come in to play when Biden's Electoral College victory is scheduled to be affirmed by Congress on January 6th, if all members are unable to be sworn in, in person, due to COVID. We discuss that short term concern as well as longer term ones for Dems in the House, where every single Dem vote will now likely be needed to pass absolutely anything --- especially once three members now tapped to serve in the Biden Administration vacate their seats and Dems are left with a slim one vote majority for a time. We discuss both those long and short ramifications today, as you need to know about both.
  • But, before we even get to January 6th --- much less Inauguration Day on January 20th --- why did the Pentagon's Acting Defense Secretary, who was just appointed by Trump, call off all transition briefings with the Biden Transition Team last night? AXIOS reports Defense Department officials are "shocked" and the Biden team is very concerned. (Does Freddy still live?)
  • We've got a bit of good news today, at least out of Georgia, where some rightwingers attempted to challenge the eligibility of some 50,000 registered voters who they claim have moved out of the formerly right-leaning Cobb County. They had hoped to keep them all from voting in the two, ongoing U.S. Senate runoff elections that will determine partisan control of the U.S. Senate on January 5th. The lame duck 3 to 1 GOP majority county Board of Elections heard the challenges today. Happily, the the Republicans members, who were all voted out and replaced by a Democratic majority on November 3rd, did the right thing. We explain.
  • Meanwhile, a couple of days ago on the show, I was in the uncomfortable position of having to defend voting machine company Smartmatic, as part of a pretty epic rant, thanks to Team Trump and the MAGA Mob's bastardized use of some of my decade-old investigative reports at BRAD BLOG that were twisted and used to falsely attack the company for somehow working with Venezuela and its dead President Hugo Chavez to steal the 2020 election from Donald Trump. The private voting system vendor is now threatening to sue rightwing propaganda outlets Fox "News", Newsmax and OANN for defamation if they do not retract what the company describes as defamatory claims about the company that had absolutely nothing to do with the 2020 election in ANY swing-state.

    But now, yet another voting machine company, Dominion Voting Systems --- which actually DOES have contracts in a number of swing-states and has also been falsely targeted by the MAGA Mob for allegedly flipping votes from Trump to Biden --- is threatening to sue Team Trump attorney Sidney Powell for her false, outrageous, and arguably defamatory claims.

  • Yet maybe --- just maybe --- something good can ultimately come from all of these nightmares. For that, ironically enough, we turn today to the rightwing propaganda outlet called The Epoch Times for evidence. A new article in the paper which is widely read, cited and shared by wingnuts, including the President of the United States, highlights a far-right attorney who has been involved in a number of the failed legal attempts to overthrow Biden's victory. He is now calling for a return to hand-marked and even hand-counted paper ballots!

    Decrying "the vulnerability of our digital footprint in elections," he argues: "We can keep the paper, and we can audit the paper, and we can do so with efficiency. But the primary aim should not be efficiency behind closed doors. It should be transparency and accuracy. Paper gives it to you." The article makes clear (if you read it, you can skip the middle section with a bunch of grievance nonsense regarding Facebook and Mark Zuckerberg --- told you it was a propaganda rag!) that he is calling for HAND-MARKED and HAND-COUNTED paper ballots!

    I have long argued that we'd likely never get rid of these god-forsaken computer voting and tabulation systems and restore public oversight to our elections until a high-profile Republican got thoroughly screwed by those systems or even feared that they got screwed by them. That's because it has largely been Republicans who have been defending their use for so many years. I guess I should have also noted that a Republican who pretended he was screwed by one of those systems might do the trick as well. Well, at this point, we'll take what we can get.

    Once the dust settles on 2020, let's hope there are enough Republicans who still have serious concerns about computer voting and tabulation that they are willing to work with other Election Integrity advocates, many of them from the Left, to end the obscene --- and often impossible to oversee --- computerized corporate control that has been allowed to takeover our public elections in the United States.

  • Finally, Desi Doyen joins us for our latest Green News Report, as Biden focuses on jobs and climate in several recently reported key nominations to his Administration; Trump continues trashing the planet on his way out the door; and Washington state's Governor unveils an ambitious new clean energy jobs plan...

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Guest: Press Run's Eric Boehlert; Also: Historic Biden noms at EPA, Interior; Record nor'easter; Conservative Steve Schmidt now a Dem...
By Brad Friedman on 12/17/2020 8:13pm PT  

Today on The BradCast: His days left in office only seem like years, but for Donald Trump, they are quickly waning. Trumpism, however, among the completely captured and off-the-rails Republican Party, is doing anything but. Despite the very real danger that continues to pose to the nation --- measured by hundreds of thousands of lives lost when it comes to the worsening COVID crisis, and American democracy itself when it comes to the GOP's evidence-free claims of a "stolen" 2020 election --- the corporate media continue to downplay and "both sides" the root of the nation's massive problems, my guest argues today. [Audio link to full show is posted below.]

But first up today, a few quick late breaking news items. Desi Doyen joins us for coverage of the massive snowstorm smashing records and wreaking havoc across a huge swath of the Northeast today, as well as two reported and very important climate-related Joe Biden cabinet nominations. The first is North Carolina's chief climate regulator Michael Regan, now reportedly tapped as the first African-American EPA Administrator. And the second is Rep. Deb Haaland of New Mexico, who would be the first native American Secretary of the Interior Department. Desi explains why the two landmark appointments appear to be very good news --- even if the latter cuts very close to the Democrats' dangerously thin majority in the new Congress.

Then, we're joined by longtime political media analyst and author ERIC BOEHLERT, publisher of Press Run, where he has been covering, of late, what he describes as the "media's defining failure of 2020". That includes its "bogus Both Sides narrative" on the Republican Party's utter failure to respond to the COVID crisis with a long-overdue emergency relief bill for struggling Americans and an economy on the brink of disaster, as well as madness displayed by the more than 100 Congressional GOPers who recently signed on to indicted Texas Attorney General Ken Paxton's failed SCOTUS attempt to throw out the votes of 20 million Americans in four states in order to steal the election for Donald Trump.

On those two issues of serious, existential denialism, as Boehlert detailed in a recent column, "the press has no idea how to cover it."

"In terms of election denialism, COVID fantasies, the Republican Party is a pro-pandemic party, the Republican Party is an anti-democratic party," he argues. He cites mainstream corporate media coverage which fails to clearly explain these points to the American people, as they refer instead to "Washington" being broken and "Congress" failing to do more. The result, he notes, can be found in a recent poll with a plurality of Americans blaming Nancy Pelosi for the failure to pass a new COVID relief bill, despite the Democrats passage of a $3 trillion bill in the House last Spring, and a Republican Senate led by Mitch McConnell who refused to even negotiate at all until very recently, much less allow it to come up for a vote.

"The corrupt, insane behavior, even if we just look at this election nonsense...Right after the election, I wrote about how Politico was saying, 'This is all just performance art. Republicans don't believe that Trump wants to steal the election, they're just letting him blow off some steam...everyone just calm down.' We've been told by the beltway press to calm down for four years, and the beltway press has been wrong every single time."

"CNN did a report saying, 'Republicans had no choice but to go along with Trump' as he tried to overturn election results 'because Trump controls the base,' says Boehlert. "It's all viewed as this game. No one was laughing last week when more than 100 members of Congress signed on to a lawsuit that wanted to throw out 20 million votes."

"Those 100-plus Republican members of Congress signing off on that obliterated, forever, this narrative that the press has held onto for four years that the Republican Party is privately very concerned about Trump," he argues. "They can't sleep at night because of his tweets, and gosh, they can't say it publicly. And when Trump leaves everything will be fine. Baloney! That is garbage. This is going to define the next four years. And how the press treats this radical, dangerous political party over the next four years is going to be a really big story."

He (and I) have much more to say on all of that, but before we finish up today, there is one more idea I wanted to get his thoughts on. Longtime conservative Republican strategist and John McCain's 2008 campaign manager Steve Schmidt this week announced he was joining the Democratic Party. Schmidt left the GOP some time ago, fed up with their increasing radicalism and Trump lunacy. He became an independent and helped to found The Lincoln Project which created killer videos attacking Trump and the GOP alike during the run-up to the November election (and beyond). But a number of Democrats and progressives have expressed concerns about longtime Republican "Never Trumpers" and their political influence on the party as they join forces with Democrats and what that might mean for the party's progressive future.

We share Schmidt's announcement on the show today, explaining some of the reasons for his decision to become a Democrat, and get Boehlert's take on whether this is a positive sign or troubling omen for the Democratic Party as the Biden Administration prepares to take office...

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Smartmatic, which had nothing to do with swing-state elections, threatens RW media outlets with defamation suits; Also: Actual voter fraud criminal Trump not allowed to live at Mar-a-Lago, Palm Beach neighbors warn...
By Brad Friedman on 12/16/2020 8:11pm PT  

So, yeah, I'm a bit grumpy on today's BradCast. When you listen, you'll get an idea why. [Audio link to full show is posted below.]

For one, I'm actually forced to defend a voting machine company. That could be a first in my nearly two decades of investigative reporting on Election Integrity and the woeful private voting system vendors who have been allowed to take over our public elections with their crappy, over-priced, often-unverifiable, easily-manipulated hardware and software. In this case, however, the claims made against one such company --- based on a twisted, bastardized re-imagining of my otherwise accurate and independently verifiable deep-dive reporting from more than a decade ago --- by sore-loser Donald Trump's dishonest attorneys and media stooges, need to be pushed back against, lest they further Trump's goal of undermining the United States' Constitutional republican democracy entirely.

Lawsuits may be coming in this case, warns Smartmatic's CEO, after the firm has been falsely blamed for stealing the election for Joe Biden in states where they do not even do business. (Their only contract in the U.S. is here in Los Angeles County. But that hasn't stopped Team Trump and the MAGA Mob from conflating them with a completely separate company, a competitor named Dominion Voting Systems, which has also been falsely blamed for stealing the election in jurisdictions where they do no business either.)

The bullshit, evidence-free claims of fraud continue from the deranged President and his pathetic team of desperate sycophants nonetheless. The latest nonsense comes via a so-called "forensic audit" by a so-called "military intelligence" outfit named Allied Security Operations Groups (or ASOG) which clearly knows nothing about voting systems or even election law. At least if you believe actual independent voting system and cybersecurity experts who examined their absurd, evidence-free allegations of "ELECTION FRAUD!"

Republicans in Congress clearly do not believe such experts, as GOP Senator Ron Johnson of Wisconsin held a ridiculous hearing on phony 2020 election fraud conspiracy claims in the U.S. Senate Government Affairs Committee today, no matter the lack of evidence for any such fraud. That, as more than 300,000 Americans --- more than the number of those killed during combat in all of World War II --- have now died from COVID-19 over the past nine months. Johnson and the rest of his caucus continue to largely ignore the deadly scourge while Americans are out of work by the tens of millions and about to be tossed from their homes amid the worst pandemic in a century. Both myself --- and Sen. Tom Carper (D-DE) --- have a word or two about all of that shamefulness as well today.

Meanwhile, actual voter fraud criminal Donald Trump, is coming under legal scrutiny again for the fact that he is unlawfully registered to vote in Florida at a non-legal voting domicile (Mar-a-Lago, a commercial club, as Trump agreed back in 1993 when the town of Palm Beach allowed him to convert the once-private residence into a business). He went on to unlawfully vote twice this past year --- one by mail and one in-person --- using that non-legal "residence" as his voting address. All three acts are felonies by the President of the United States under state law in Florida, though its corrupt Governor Ron DeSantis, a Trump sycophant himself, doesn't appear to give a damn. Laws --- including election laws --- apparently do not apply to Republicans, especially if they happen to be sore-loser Presidents offering bullshit claims about election fraud in hopes of bringing down American democracy. But, as the neighbors to Mar-a-Lago are now warning, Trump will not be welcome to take residence, lawfully or otherwise, after his Presidency mercifully ends in historic failure next month.

Finally, Desi Doyen joins us for our latest Green News Report with the U.S. on the verge of breaking another record for billion-dollar climate-related disasters in a single year; insurance companies cancelling homeowner policies in California amid record wildfires; and as the U.N. warns yet again that the world must pick up the pace in order to slow the very worst effects of deadly global warming.

Other than that, everything is fantastic today!

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Guest: Slate legal reporter Mark Joseph Stern on recent cases, Bill Barr, Kris Kobach and accountability for TX' attempt to overturn the election; Also: GOP now eating its own with GA's U.S. Senate runoffs underway...
By Brad Friedman on 12/15/2020 7:54pm PT  

On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

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Guest: Former Asst. U.S. Attny Randall D. Eliason of GWU Law School...
By Brad Friedman on 12/8/2020 8:08pm PT  

The madness continues on today's BradCast. But, midway through the show, SCOTUS put the unanimous brakes on the MAGA Mob's latest greatest hope to overturn the 2020 election, while top Republicans increase their eliminationist rhetoric to foment violence and Trump prepares to hand out pardons like Christmas candy.

A new survey out this week from Gallup finds a huge drop in the self-identified mental health of Americans. Not surprising. Perhaps also not surprising is that, among demographic groups which saw double-digit drops from their previous self-ratings of "excellent" mental health, Republicans and independents were near the top, while Democrats were among those groups identified with the smallest change in their own mental health ratings from previous surveys.

Not sure what that may mean exactly, but somehow it seems relevant today as the Republican Party appears to be mentally crumbling before our eyes as it begins to sink in for them that they've been lied to about Trump having "won" the 2020 election. Or even that they would somehow be able to come up with evidence --- any evidence --- that proves in court that Joe Biden and the Democrats and dead Hugo Chavez somehow stole it from Trump.

Last week, Trump Campaign lawyer and former U.S. Attorney, Joe diGenova, called for a former top DHS official, Chris Krebs, to be "taken out at dawn and shot" because he dared believe the 2020 election was "the most secure in American history." DiGenova and the Trump Campaign and Newsmax TV, the wingnut outlet which aired the Team Trump call to execute a former government official, all now face a serious lawsuit from Krebs.

Over at the old school wingnut outlet, Fox "News", formerly sane business anchor turned racist wingnut drama queen Lou Dobbs broke into a frothy rage while interviewing top White House advisor Stephen Miller because Trump and his party, as Dobbs sees it, aren't fighting hard enough to overthrow the election while "the Republican Party...is watching its blood drain into the streets because they're gutless."

And out in Arizona, where the very Trumpy Republican Governor Doug Ducey has been forced to repel entreaties by the President of the United State to stage a coup and declare the loser President to be the "winner" of the state's electoral votes, the state GOP, chaired by a loon named Kelli Ward, is asking Twitter followers to give their lives (literally) for Donald Trump. The AZ GOP even went so far as to follow up that request with a second tweet that includes a clip of "Rambo" holding an arrow to someone's head, while uttering: "This is what we do, who we are. Live for nothing, or die for something." That, in a state where a gun massacre was carried out in 2011 at a Democratic event that killed six and almost fatally wounded then Rep. Gabby Giffords whose husband, Mark Kelly, just unseated the state's Republican U.S. Senator on November 3rd.

All of that madness came before the U.S. Supreme Court today unanimously rejected the only case to come before the Court to challenge the 2020 Presidential election results. (The Trump Campaign has promised to go to SCOTUS themselves, but hasn't.) The rejected case was filed by U.S. Rep. Mike Kelly (R-PA) and several Pennsylvania state lawmakers challenging the new absentee ballot law that they passed (and voted for) last year as a violation of the state Constitution. The Pennsylvania Supreme Court already strongly rejected the challenge, and this afternoon, mid-show, SCOTUS refused to hear the attempted federal appeal.

But, if some 50 (and counting) failed, evidence-free court cases from Team Trump haven't yet done the trick, and they are unable to spark the violent new civil war they are clearly hoping for, Donald Trump is still busy preparing to give away pardons "like Christmas gifts" to his aides, friends, family and even himself while he still has the chance. As of today, such a pardon appears to have helped the admitted felon and former National Security Advisor Mike Flynn off the hook after he twice pleaded to lying to the FBI (while also admitting that he was an undeclared paid agent of Turkey.) So, in lieu of a violent upheaval --- or maybe along with it --- why not issue Presidential Pardons to all of your corrupt friends, family and business associates on the way out the door? Even before they've been charged with any crime? That appears to be coming very soon at this point.

To discuss the awesome, virtually unchallengeable Constitutional power of the Presidential Pardon, we are joined today again by former Asst. U.S. Attorney RANDALL D. ELIASON of George Washington University Law School. Several weeks ago, Eliason wrote an excellent primer on the scope and recent history (and abuse) of the Pardon power and the PardonPalooza that both he (and I) expect to see in the coming days.

Eliason challenges some of the common wisdom concerning Presidential Pardons (for example, whether it's true that someone who is pardoned loses their 5th Amendment right to refuse to testify about the criminal matter to Congress and law enforcement officials and whether or not a Pardon is actually an acknowledgement of "guilt"); whether Pardons may be legally challenged as corrupt or unlawfully self-dealing and, if so, how exactly; whether a President is Constitutionally allowed to pardon himself; and whether this one is likely to do so (answer in short: of course he is!)

As the news that U.S. Circuit Court Judge Emmet Sullivan dismissed the Michael Flynn case as "moot" just before airtime today, and the news that SCOTUS unanimously declined to take up the challenge to Pennsylvania's electors came during our discussion, we also get Eliason's reaction to both of those breaking matters.

Yes, it's another chocked-full-o-information BradCast, appropriately seasoned, we hope, with just enough snark along the way to help keep you both informed and sane! Good luck!...

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Another weekend of sore-loserism, lost court battles, phony fraud claims, unlawful election interference by the President of the United States; Also: Trump Admin ignores own EPA scientists to assure more U.S. deaths...
By Brad Friedman on 12/7/2020 7:37pm PT  

If you think the monster is actually, truly dead now, it's only because you still need to watch more horror movies. You'll have to listen to today's show for most of the juiciest details, but among the stories covered today on today's very busy BradCast [Audio link to show is posted below summary.]

  • Not satisfied with helping to assure the deaths of nearly 300,000 Americans during the COVID crisis so far, the swamp-filled Trump Administration ignores their own EPA scientists to join the polluters of the fossil fuel and chemical industries to block a rule that would require a slight decrease in particulate soot that would save more than 10,000 American lives a year. Because of course they do;
  • Loyal Trump henchman and Attorney General Bill Barr reportedly considering quitting before he's fired by Trump for having the temerity to admit there is no known evidence that would turn the loser Trump into a winner in the 2020 election;
  • More than 1,500 lawyers --- some of them former former federal judges, prosecutors and law professors --- call for bar associations to investigate the "historic abuse of the legal system" by Team Trump attorneys, like the COVID-stricken Rudy Giuliani and the execrable Joe diGenova (who called for a former federal official to be "shot" because he believed the 2020 election was secure) to be held accountability for their behavior. The letter cites false claims of "massive fraud" by Trump's attorneys, even as those same attorneys concede in court case after court case --- they and their allies have lost about 50 cases at this point --- that they have no actual evidence of fraud;
  • After losing at least five different cases in five different swing-states on Friday alone, Trump continues his record as a loser on Monday, with an Obama-appointed federal judge in Michigan tossing one case, and a George W. Bush appointed-judge in Georgia tossing the other. Both rulings were brutal dismissals;
  • The President's false claims of a stolen election continue to have very serious consequences, as an armed MAGA Mob on Saturday night descended on the personal home of Michigan's Secretary of State to terrorize her and her children as they were preparing for Christmas;
  • Also down in Georgia today, the state's Trump-supporting Secretary of State Brad Raffensperger --- who, along with the state's Trump-supporting Gov. Brian Kemp, has been mercilessly attacked by Trump --- re-certified the state's Presidential election finding Biden won it by about 12,000 votes. The new certification comes after the election night machine count, a statewide hand count, and a third statewide count by machines as requested by the Trump Campaign. He lost every single time by about the same numbers in all three tallies;
  • On Saturday morning, the President of the United States violated the law in a call to the Republican Governor of Georgia to try and convince him to take action to toss out the election results and direct the state legislature to declare the loser Trump to be the winner. To Kemp's credit (a phrase I thought I'd never type), he refused to do what Trump demanded. To Trump's wrap-sheet, he has added yet another violation of law in trying to interference with an election. 45 days until legal accountability for Trump's many crimes should begin;
  • On Saturday night, Trump went down to Georgia --- where he's in a bind, cause he's way behind --- to hold a rally for the two incumbent Republican Senators facing a tough challenge in their U.S. Senate runoffs on January 5th, where controls of the U.S. Senate is at stake. Trump spent most of the nearly two-hour long rally whining about losing the election as he repeated phony, long-ago debunked claims to continue hoaxing the MAGA Mob into believing it was stolen from him and that they are all "victims". The two U.S. Senators spoke for about 30 seconds each;
  • Finally, despite Trump's unsullied record of embarrassingly losing case after case, trying to overturn the will of the voters in both state and federal courts around the country --- in cases overseen by Republican and Democratic judges alike, including several that he himself appointed --- U.S. Supreme Court Justice Samuel Alito took an action over the weekend that has a few Court watchers justifiably unsettled. As we reported on last Friday's BradCast, Alito agreed to consider an appeal to a case filed by U.S. Rep. Mike Kelly (R-PA), seeking to toss out Pennsylvania's results and award the state's electors to Trump. The matter was correctly dismissed by lower courts, but Alito has agreed to consider it and, late last week, scheduled this Wednesday, Dec. 9, as the deadline for defendants to file their rebuttal. That was key, because Wednesday is the day after the so-called "Safe Harbor" date under federal law, when all state Electoral College contests are supposed to be settled, at least at the state level, on Tuesday, Dec. 8. Last week, election law experts saw Alito's late date for defendants to reply as a message that he would not be taking any actions that might change the electoral count. But on Sunday morning, Alito changed that deadline to the morning of Tuesday, "Safe Harbor" day. What does that mean? And should we be worried that the monster isn't really, truly dead just yet? We discuss...

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Also: U.S. COVID infection, hospitalization, death numbers surge to heartbreaking records, wasn't a 'hoax' after all...
By Brad Friedman on 12/3/2020 7:49pm PT  

On today's BradCast: The Donald Trump Crazy Train keeps chugging along. And its getting crazier, and seemingly farther off the tracks with each passing hour as the outgoing President's days in the White House continue to diminish and his likelihood of facing criminal accountability grows nearer and nearer. One of the biggest remaining questions is how many of his supporters are still to get run over by that train.

Among the many stories we cover today...

  • Before we dive deep into The Crazy, some very grim milestones in the COVID crisis which, turns out, wasn't a hoax at all, as both Donald Trump and Senator Ted Cruz "guaranteed" us before the election. On Wednesday, there were more than 200,000 new cases, more than 100,000 hospitalizations and more than 2,777 deaths confirmed from COVID. All of them single day records, as the pandemic will continue to get far worse in coming months before it begins to get better. All thanks, in no small part, to idiots like Trump, Cruz and whole bunch of other Republicans who sadistically sacrificed their constituents' lives in dashed hopes of seeing Trump re-elected;
  • Following Attorney General Bill Barr's comments to AP earlier this week that, "to date," the Dept. of Justice has "not seen fraud on a scale that could have affected a different outcome in the election," Trump, as expected, reportedly blew a gasket. It resulted in a two and half hour meeting for Barr at the White House and Trump said to be considering whether he will now fire his second AG, despite his years of covering up and lying for the President and his unprecedented directive to dozens of Asst. U.S. Attorneys to investigate bogus claims of "massive fraud" before and after the election;
  • On Thursday, the rightwing Wisconsin Supreme Court rejected the Trump Campaign's latest attempt to toss out hundreds of thousands of votes in a state that Trump lost. Of note, as has been the case in every suit they've filed (by way of contrast to what they say publicly to the chumps and suckers who believe in them), Team Trump offered zero evidence of fraud in their complaint. Rather, they complained about absentee ballot procedures that have been in place since before the 2016 election, when Trump is said to have won the state, as well as during this year's primaries. Apparently they forgot to claim that WI's absentee voting laws were illegal in those past elections. The suit was rejected today, however, because the court ruled it needs to be filed in a lower state court first before it can be heard by the state Supremes. The Campaign also filed another federal case in the state on Wednesday. It does not argue their was fraud in this year's election either;
  • It's become so embarrassing that even top Trump sycophant Sen. Lindsey Graham is taking to Fox "News" to tell the Trump legal team that they need to provide proof of their fraud claims in court. "Doing a video is not proof," he said, shortly after Trump released a 46-minute video on Wednesday, falsely claiming (without evidence, naturally) that he actually won virtually every state in the union this year;
  • Lack of evidence of fraud, however, has not stopped the Rudy Giuliani Traveling Dog 'n' Pony Show. After making presentations to GOP state legislators in "hearings" held in rented hotel banquet rooms in Pennsylvania and Arizona this week, the Republicans of the gerrymandered Michigan state legislature opened an actual hearing room in the state capital to the Rudy Show. It did not go well. We share the testimony from Melissa Carone, of one of the "witnesses" that Rudy hauled up to the stand. It's something to behold;
  • Meanwhile, down in Georgia on Wednesday, a huge "Stop the Steal" rally at the Peach State capital, headed up by self-disgracing attorneys and Trump Crazy Train Conductors Sidney Powell and Lin Wood (who may actually be mentally ill), likely drove the what's left of the actual GOP crazy. Wood attacked the very Trumpy Republican Governor Brian Kemp, resulting in "Lock him up!" chants from the QAnon brain-poisoned crowd, before instructing the misinformed throngs that they should absolutely not vote for incumbent Republican Sens. Kelly Loeffler or David Perdue in the upcoming January 5th runoff elections that will determine partisan control of the U.S. Senate;
  • Finally, we close with some helpful words, believe it or not, from far-right, not insane Trump supporter Erick Erickson. In a Twitter thread this week, the former Editor-in-Chief of the rightwing RedState blog, finally seems to have had enough of the madness of GOP conspiracy theorists who now believe that Trump's own DOJ, FBI, CIA, Attorney General, and the Republican Governors of states like Georgia and Arizona, not to mention others, have all teamed up to steal the election for Joe Biden. "Maybe…and I know this might just blow your mind…but maybe what if you've been lied to the whole time. There is no conspiracy. There is no theft of the election," Erickson unloads, suggesting that "maybe, just maybe" the problem is Trump and supporters who can't understand that "ultimately it is really you who are the problem because you so willingly got played and even now want to be played because now you're emotionally invested in a cause and a candidate and to admit you were played and he lost and there was no deep state conspiracy or theft of the election would actually make you look bad. So it's better to double down on the lies and bullshit and blame everyone else."

Sounds about right. Thanks, Erick. You can stop blocking me on Twitter now.

Buckle up and/or pop a bucket of popcorn or two for today's BradCast...

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Guest: Redistricting expert Dan Vicuña; Also: Why Krebs is almost right, but wrong, as Trump attorney says former CISA chief should be 'shot'...
By Brad Friedman on 12/1/2020 8:05pm PT  

Attorney General Bill Barr may now be in big trouble with Donald Trump at the DoJ. One of Trump's personal attorneys may be in big trouble with the D.C. Bar. And Trump's attempt to game the Census and Apportionment of Congressional seats for the next 10 years may be in big trouble at his stolen and packed U.S. Supreme Court. All of that big trouble and more on today's BradCast! [Audio link to show is posted below summary.]

First up, Attorney General Barr has undoubtedly infuriated his boss today by admitting to The Associated Press that "to date," the Justice Dept. has "not seen fraud on a scale that could have affected a different outcome in the election."

Uh, oh. The last senior Administration official who said something similar --- Chris Krebs, Trump's Director of the Cybersecurity and Infrastructure Security Agency (CISA), the new DHS agency that oversees elections infrastructure --- was fired just days later after his federal agency and others (along with several voting machine vendors, so take it with a grain of salt) announced that the 2020 election was "the most secure in American history."

Speaking of Krebs, he was interviewed by CBS' 60 Minutes on Sunday, where he stood by that assessment and chalked the success of the 2020 election up to "paper ballots."

"Paper ballots give you the ability to audit," he told CBS' Scott Pelley, "to go back and check the tape and make sure you got the count right. That's really one of the keys to success for a secure 2020 election. That gives you the ability to prove that there was no malicious algorithm or hacked software that adjusted the tally of the vote."

Well, he was so close. "Paper ballots" don't protect elections, HAND-MARKED paper ballots protect elections. And there is a big difference. Krebs goes on to cite, for example, Georgia's terrible new Dominion Voting Systems touchscreen computers that voters are forced to vote on at the polls, and the subsequent statewide hand-count of ballots to make his case. But Georgia's systems, as we've long reported in great detail, print out computer-marked paper ballot summaries which can never be known after an election to reflect the intent of any voter. As we explain yet again today, studies show that the vast majority of voters do not check their computer-printed summary, and that 93%(!) of them do not notice if the computer has changed one of their votes. We offer much more detail --- yet again --- on today's show.

But Krebs, a lifelong Republican who has been bravely outspoken in attempting to debunk false claims about fraud both before and after the election, is certainly a hero for his efforts. The fact that Joe diGenova, one of Donald Trump's personal lawyers, took to the air on Monday to call for Krebs to be murdered --- literally --- is a chilling sign of our times and should result in disbarment for Trump's latest Fox "News" TV attorney for hire. "Anybody who thinks this election went well like that idiot Krebs," diGenova said on a wingnut radio program yesterday, "that guy is a class A moron. He should be drawn and quartered, taken out at dawn and shot."

Krebs suggested to NBC News today that he is likely to take legal action. But you know who else "thinks this election went well," apparently? Bill Barr! We'll see if diGenova calls for him to be executed now as well, or which of the two Trump lackeys will be fired by Trump first.

Next up, we're joined by DAN VICUÑA, National Redistricting Manager at Common Cause, one of the good-government immigration advocacy groups that sued the Trump Administration after a Presidential Memorandum from Trump last year directed U.S. Census apportionment data to leave out "illegal aliens" despite the Constitution's mandate to include the "whole number of persons in each State" for purposes of determining how many U.S. Congressmembers each state shall have for ten years following each decennial Census.

Four different lower courts largely agreed with the plaintiffs challenging Trump's decree --- which would increase political power for rural, white, Republican-leaning districts and take it away from more urban, Democratic-leaning, minority heavy jurisdictions --- finding it to be illegal and/or unconstitutional. On Monday, Trump's stolen and packed U.S. Supreme Court heard oral argument in the matter, and Vicuña reports today on how things went. In short, it appears to have not gone well for the Administration, even with three Trump-appointed Justices now packed onto the bench.

Vicuña, notes that "citizenship status has never been used as a determining factor in whether a person will be counted." He also explains the dangers of Trump's unprecedented decree and how his attempt to bastardize the "plain language" of the U.S. Constitution and "two centuries of precedent" to instead use only "voter-eligible" citizens in counts to determine apportionment in the U.S. House, endangers not only the immigrant population, but everyone else in America, even in so-called "red" states.

"The Administration's lawyers are dancing a strange dance," he tells me while describing Monday's hearing. "The President's memo very clearly states what the President wants, which is to exclude every undocumented person living in the United States --- undocumented people who contribute billions to the economy, who pay taxes on things that they may never see [like] Social Security. The President's attorneys are going into court and saying, 'Well, we're only going to do this within the strictures of what's allowable by law, so for that reason, you shouldn't even rule on this case now. There's no need to address the plaintiffs' challenge, because we don't exactly know how we're going to implement the President's goals' --- even though the President states them clearly --- 'so you should punt.'"

Whether the Court will go along with the Administration on this, and how the incoming Biden Administration may make all of this moot anyway, is all discussed on today's program.

Finally, we're joined by Desi Doyen with our latest Green News Report, in which the Trump Administration actually does something that is not only NOT horrible, but very very good for folks in Alaska who have been challenging the creation of the controversial Pebble Mine for more than a decade. Other than that, however, the final days of Trump's environmental smash and grab continue apace...

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Guest Host Nicole Sandler with author/journalist Ari Berman and Law Professor/author Carlton F.W. Larson...
By Nicole Sandler on 11/25/2020 6:08pm PT  

Hey, it's NICOLE SANDLER in for Brad and Desi today (they'll be back after the holiday weekend.) On today's BradCast, we're talking turkey. Okay, not really, but it is the day before Thanksgiving, and the lame duck yesterday pardoned a turkey named Corn. The big question is, what happened to the second turkey, Cob? What did Trump do with him? My guess is that Cob is tomorrow night's White House Thanksgiving dinner. Because that's how Trump rolls. [Audio link to show follows below.]

Yes, call me cynical. Actually just put a CY in front of Nicole, and you have cynicole. Perhaps it's spelled wrong, but the point is clear. Perhaps I'm the one who should have taken an early day off instead of filling in today for Brad & Desi so they could unwind. Oh well, it's all gravy now. (Sorry about that!)

Anyway, we started the show with lots of news, from our introduction to President-elect Biden's incoming national security nominees to today's breaking, though unsurprising news that Trump pardoned Michael Flynn, the man who TWICE pleaded guilty to lying to the FBI and who was fired by Trump for lying to Mike Pence too. Maybe that was Trump's second Turkey pardon.

I checked in with ARI BERMAN who covers voting rights for Mother Jones, who engaged in a bit of a postmortem on the 2020 presidential elections.

Then it was time to talk treason. It's a term Trump throws around like a roll of paper towels in Puerto Rico. But I keep using it too, though only when talking about Trump. Because he is endangering American lives --- and 260,000 have already died due to his dereliction of duty and refusal to accept science over conspiracy theories --- I do believe Trump's behavior is treasonous. So I called on an expert.

Professor CARLTON F.W. LARSON teaches constitutional law and English and American history at UC/Davis, and just published his latest book, On Treason: A Citizen's Guide to the Law. When I asked if Trump's behavior was treasonous, he explained that treasonous behavior didn't necessarily mean "treason." Okay, I'm here to learn.

And with that, enjoy the show and have a Happy Thanksgiving...

Download MP3 or listen online below...

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