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Latest Featured Reports | Friday, January 17, 2020
On Bernie's 'Electability': 'BradCast' 1/17/20
Guest: Historian, author Richard Hayes Phillips; Also: Security experts worried about L.A.'s new, uncertified, unverifiable vote system...
A Statistical Response to the Charge That Bernie Sanders is 'Unelectable'
Analysis of 2016 primary election numbers in three key states, finds Richard Hayes Phillips, appears to counter the allegation...
Parnas Sings, Senate Trial Begins, L.A. Facing Suit Over New Vote System Flaw: 'BradCast' 1/16/20
D.C. bombshells; Huge fail in L.A.'s $300M vote system, County Clerk finally responds...
'Green News Report' 1/16/20
  w/ Brad & Desi
GNR SPECIAL COVERAGE: Climate change pervades the final Democratic presidential primary debate before 2020 voting begins...
Previous GNRs: 1/14/20 - 1/9/20 - Archives...
Courts Step in to Protect 'Inactive' Voters in WI, NY: 'BradCast' 1/14/20
Also: Fall out from yesterday's exclusive news on major security failures discovered in Los Angeles' new voting system, and much more...
'Green News Report' 1/14/20
2020 race loses climate justice warrior; Billion dollar disasters on the rise; 2019 second hottest year ever; PLUS: 150 arrested with Jane Fonda at climate protest...
L.A.'s New Touchscreen Vote System Fails State Testing: 'BradCast' 1/13/20
CA Sec. of State could approve for 2020 anyway, despite security failures. Public comment period ends soon! Hand-marked ballots needed in nation's largest jurisdiction!
Sunday 'Close Call' Toons
We're all living on the edge in PDiddie's latest collection of the week's best political toons...
One Thing Voters Can Do to Ensure Trump is Dumped This Year: 'BradCast' 1/10/20
Guest: Public Policy Polling's Jim Williams; Also: GOP Photo ID restriction blocked in NC; DoJ's probe of Hillary Clinton and Clinton Foundation quietly finds...nothing...
Hate to Say 'We Told Ya So', But...:
'BradCast' 1/9/20
Admin has no evidence of 'imminent threat'; Ukrainian plane downed by Iran missile; Study confirms new computer BMD vote systems should not be used in 2020...
'Green News Report' 1/9/20
Trump guts another landmark enviro law; EPA, FEMA not disaster ready; Coal plant shutdowns saved 26K American lives; PLUS: Murdoch, troll disinfo on Aussie fires...
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...


Guest: Jim Williams of Public Policy Polling; Also: GOP Photo ID restriction blocked by Judge in NC; DoJ's criminal probe of Hillary Clinton and Clinton Foundation quietly finds...nothing...
By Brad Friedman on 1/10/2020 6:18pm PT  

On today's BradCast: There is one neat, simple trick that Democrats and opponents of Donald Trump can do to make sure that he is no more than a one-term President this November. But they may need to start thinking about it right now. JIM WILLIAMS, Issue Polling Specialist at Public Policy Polling, joins us to explain what that one thing is, as based on recent survey data collected by his firm in Arizona and Iowa. [Audio link to show is posted below.]

Also today, a report by Washington Post reveals that the Department of Justice investigation of Hillary Clinton and the Clinton Foundation that Trump demanded after becoming President has yielded...nothing. No criminal charges or anything close to it will reportedly be brought after a review begun by Trump's former Attorney General Jeff Sessions in 2017, as assigned to Utah U.S. Attorney John Huber, quietly wrapped up months ago. Even the matter regarding Uranium One, a Canadian company in which a Russian firm was allowed to purchase a controlling stake, reveals no wrongdoing, no bribes paid to the Clinton Foundation while she served as Secretary of State. No nothing.

In short, between this probe and a recent report by the State Department's Inspector General finding, after a three-year probe, no criminal wrongdoing in Clinton's use of a private email server, it turns out that all of the nonsense that Trump exploited to lead "LOCK HER UP!" chants and his calls for throwing her in jail during his 2016 rallies (and beyond) was entirely B.S. Or, to put it another way, it was all a witch hunt hoax. Who knew? Oh, yeah, we told you as much long ago.

All of that, even as the disgraced, now-impeached President has seen his own "charitable" foundation ordered shut down by a New York Court, which found a "pattern of illegality" in is fraudulent operations, ordering Trump to pay millions in penalties, and as the Dept. of Justice investigation into alleged Russian interference in the 2016 election has resulted in 199 criminal counts against 37 people and entities, seven of whom have pleaded guilty (many of whom were top officials in the Trump Campaign and Trump Administration], with six (so far) sentenced to prison and as many as 10 counts of obstruction of justice by Trump himself.

The phony "LOCK HER UP!" campaign which arguably resulted in Trump's Presidency was not only made possible, but actually enabled --- shamefully --- by corporate mainstream media which legitimized what was otherwise clearly little more than a bogus, orchestrated hit campaign by Trump and his Rightwing media machine in 2016. We have a word or two to say about all of that on today's program, even as Trump is currently using the same playbook to falsely discredit Joe Biden (and, undoubtedly, whoever else may win the Democratic nomination this year.)

For some slightly more encouraging news today, we turn to North Carolina, where a federal judge has, once again, shut down the state Republican legislature's latest scheme to enact Photo ID voting restrictions in 2020, finding it an attempt at discriminatory voter suppression. The ruling comes after a different federal judge had found the state GOP's previous scheme to restrict voting (by certain voters) in the very closely divided swing-state to have been written specifically to "target African-Americans with almost surgical precision."

But with all of that, the Iowa Caucuses are just weeks away now, followed by the New Hampshire primary and many others shortly thereafter. And while polls suggest there is no clear front-runner for the nomination, did we mention PPP's Williams is here to explain what the firm's data show to be an almost certain way to defeat Donald Trump once and for all this November, no matter who Dems choose as their nominee?...

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

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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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Climate crisis; Impeachment madness; 2020 debates; GOP voter purges...
By Brad Friedman on 12/17/2019 6:45pm PT  

The gods must be angry. But they have very good cause. Among the stories covered on today's BradCast [Audio link to show is posted below]...

  • At least four were killed and dozens injured as some 27 tornadoes reportedly ripped across the Deep South causing "total chaos" on Monday and Tuesday. In December. Is that normal?;
  • DNC Chair and former Labor Secretary Tom Perez steps in to help resolve a labor union dispute at Loyola Marymount University in Los Angeles that had threatened to derail Thursday's 2020 Presidential Debate. Now, it won't. And the union workers got a great deal out of it;
  • Nine Democratic Presidential candidates, led by Sen. Cory Booker (who did not qualify for Thursday's debate), petition the DNC to relax qualification thresholds for upcoming Presidential debates. The Party says it won't;
  • Another former Trump campaign officials is heading to jail. Rick Gates, Trump's former Deputy Campaign Chair and a top Transition official, receives 45 days in jail, three years of probation and a $20,000 fine for fraud and lying to federal investigators --- to which he pleaded guilty last year. His sentence comes despite prosecutors seeking no jail time after Gates had cooperated with federal officials in Robert Mueller's Special Counsel probe, by helping to to secure guilty verdicts against Trump Campaign Chair Paul Manafort and longtime Trump associate Roger Stone;
  • Donald Trump unleashed a bizarre, blistering, six-page, single-spaced, Donald Trumpian rant, disguised as a letter to House Speaker Nancy Pelosi [PDF] on Tuesday, decrying his looming impeachment as a "perversion of justice" by Democrats. The jokes seem to write themselves here, but for how pathetically sad, dangerous and threatening to our Constitutional order the behavior of this President of the United States now actually is;
  • That threat continues to spread to Congress, where the House Rules Committee on Tuesday set terms for Wednesday's House Floor debate on the two Articles of Impeachment against the President, as Rep. Jim McGovern, Chair of the Committee said he looks at Trump's attempt to use Ukraine to help him win the 2020 election as "a crime in progress", with Democrats "trying to prevent the President from rigging the next election";
  • While over in the Senate, Republican Majority Leader Mitch McConnell refused a request from Minority Leader Chuck Schumer to subpoena the testimony of four top Trump officials who were first-hand witnesses to Trump's Ukraine extortion plot. The officials, whose testimony is sought for the almost certain upcoming impeachment trial in the Senate --- in which Senators are supposed to serve as impartial jurors to determine whether Trump should be removed from office --- include Chief of Staff Mick Mulvaney and former National Security Advisor;
  • As McConnell continues to rig the Senate trial on behalf of Trump, Plan B for the removal of this President involves the ballot box. There too, Republicans are attempting to rig next year's election results. In Wisconsin, which Trump reportedly won by just 23,000 votes in 2016, a Republican-appointed Circuit Court Judge ordered the removal of more than 200,000 voters from the voting rolls before the 2020 election. The voters were previously set for removal in 2021 as the Wisconsin Elections Commission had planned, and as the League of Women Voters had argued in favor of. A rightwing group sued to have them removed before 2020 instead, and the GOP-appointed judge agreed. Dems vowed today to re-register them;
  • In Georgia, a federal judge allowed the purge of more than 300,000 voters identified by the Republican Sec. of State for moving or failing to vote in recent elections. But voting rights advocates argue that approximately 120,000 of them should not be on the list at all. The judge allowed the mass removal to move forward on assurances from the state those voters can be quickly restored after further hearings on the matter;
  • But, it's not just rightwing controlled states where voter registration concerns are rearing their ugly (if expected) head before 2020. Due to what is being described as a "computer glitch" related to the state's new, automatic registration system, as many as 100,000 voters in California may have had their party preference incorrectly changed on their registration files in advance of next year's upcoming March 3rd Presidential primary. The state's rules for who can vote in which party primary are particularly confusing. So, its a very good idea for residents who believe they are registered to check their registration at VoterStatus.SOS.CA.GOV to make sure they are still registered, and for the party they think they are. Those who are registered as permanent "No Party Preference" vote-by-mail voters but who wish to vote for a Presidential candidate in a party primary on March 3rd, will need to make that request with their County Registrar very soon or will receive a vote-by-mail ballot with no Presidential candidate options!;
  • Finally, Desi Doyen joins us for the latest Green News Report, as the U.N. climate talks in Madrid end without an agreement, but with much disappointment and rancor, thanks in no small part to sabotage by the U.S., and a new report finds the Greenland ice melt is on track for scientists worst case-scenario predictions of catastrophic sea level rise by the end of the century.

The gods have very good reason indeed to be angry again today...

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

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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 Hosted by Nicole Sandler with the DOJ's IG report on the Russia probe, and the latest Judiciary Committee impeachment hearing...
By Nicole Sandler on 12/9/2019 4:38pm PT  

It's NICOLE SANDLER back again guest hosting the BradCast on a day filled with breaking news.

From the release of the DOJ's Inspector General's Report on the origins of the Russia probe to the surprise huge story from the Washington Post, 'The Afghanistan Papers: A secret history of the war - At War with the Truth' and lots more, I begin the show recapping it all.

Then we move to the main event, the House Judiciary Committee hearing on the Intelligence Committee report on the impeachment inquiry. Daniel Goldman, the lead investigative counsel for the House Intelligence Committee, was the Democrats' lone witness who summarized the Democratic case for Trump's impeachment.

In his 45-minute opening statement, Goldman explained, "We are here today because Donald J. Trump, the 45th president of the United States, abused the power of his office, the American presidency, for his political and personal benefit. As part of this scheme, President Trump applied increasing pressure on the president of Ukraine to publicly announce two investigations helpful to his personal reelection efforts... When faced with the opening of an official impeachment inquiry into his conduct, President Trump launched an unprecedented campaign of obstruction of Congress — ordering executive branch agencies and government officials to defy subpoenas for documents and testimony...President Trump’s persistent and continuing effort to coerce a foreign country to help him cheat to win an election is a clear and present danger to our free and fair elections and to our national security."

Next stop, articles of impeachment? Tune in tomorrow for As the Trump Squirms...

Download MP3 or listen online below...

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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!




A day full of both historic and chilling news...
By Brad Friedman on 12/5/2019 6:28pm PT  

Today's BradCast offers some historic news and some chilling news. And some that may be both. [Audio link to show follows below.]

U.S. House Speaker Nancy Pelosi announced on Thursday that she is directing House Democrats to move forward to draw up Articles of Impeachment against Donald J. Trump. It is only the fourth time in our nation's history for such an action. We share Pelosi's somber announcement and the history lesson that it includes, as well as the reaction from the White House, from Trump himself, and the steps that lie ahead in the House Judiciary Committee as we move toward a trial in the U.S. Senate for removal of the President.

The historic action, which reportedly may include as many as four different Articles of Impeachment --- Abuse of Power, Bribery, Obstruction of Congress (in the Ukraine affair) and Obstruction of Justice (in the Robert Mueller Special Counsel probe) --- has become necessary, according to Pelosi, to save the republic in light of Trump's recently revealed attempts to undermine the 2020 election with help, once again, from a foreign nation.

Then, the Dept. of Justice on Thursday announced two indictments of Russian hackers --- whose whereabouts are currently unknown --- as part of what officials describe as one of the largest cybercrime sprees in U.S. history. The sweeping criminal conspiracy was allegedly led by the two men, who officials have tied to Russian security services. It involves malware designed to defeat anti-virus software distributed by a group named Evil Corp (seriously) and used to siphon more than $100 millions dollars from the bank accounts of companies and even school districts in at least 11 states. The malware phishing schemes reportedly even targeted a small organization of nuns in Chicago.

While that attack has been broad and ongoing over many months, a seemingly separate scheme, also tied to Russians criminals, crippled technology services to more than 100 nursing homes across the U.S. with a ransomware attack on the company that provides the tech services to those facilities. Following a successful emailed phishing attack on November 18, that someone within the company appears to have clicked on, the network of the Milwaukee-based firm was infected, leading the cybercriminals to demand $14 million for the restoration of access to at least 100 hijacked servers. Reporting over the Thanksgiving holiday suggests the company will rebuild their servers rather than pay the ransom. But, in the meantime, some of the nursing homes serviced by the company were unable to access patient records, use the internet, pay employees or order medications. AP reports that ransomware attacks of this kind have been on the rise in 2019, particularly those that target critical public services, with some 70 such attacks in the first half of the year targeting more than 50 cities.

Another victim --- and here's where it begins to get even more chilling --- was the state of Louisiana. They appear to have been attacked on the same day as the Milwaukee tech services company. What makes this attack far more unnerving is that it took place just two days after Louisiana's recent gubernatorial run-off election on November 16.

While the state was quick to stop the spread of the virus, they had to shut down vital state services at dozens of agencies, including the Office of the Governor, the Louisiana State Legislature, the Office of Motor Vehicles, the Department of Corrections, the Department of Children and Family Services, the Department of Health and others, such as the Louisiana Secretary of State's office on the heels of the major runoff elections just two days earlier. Hundreds of computers were affected in the state overall, including those offering elections results to the public at the Secretary of State's website. Had the attack come just days earlier, it might have been devastating for the state's elections, which shamefully require all voters at the polls to vote on 100% unverifiable touchscreen computer voting systems. Had those been knocked out --- or the electronic pollbook systems required to use them --- chaos might have ensued in the closely watched statewide election.

Nonetheless, dozens of other states and counties around the country (many of them battlegrounds and/or highly-populated) are currently moving --- right now! -- to similar computer touchscreen voting systems that rely on working computer networks in advance of the critical 2020 elections. Those systems will be wildly vulnerable next year, where unhackable hand-marked paper ballot systems would not be. Are we insane?

Finally Desi Doyen joins us for the latest Green News Report, with even more chilling news. Though, in this case, it's about the warming of the globe and the GOP Senate confirming yet another lobbyist to a top Trump cabinet seat. Happily, there is a bit of good news in today's GNR as well, regarding California's ban on new fracking, and teen climate activist Greta Thunberg's safe arrival back in Europe for this year's U.N. climate conference in Spain...

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

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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: Constitutional law, impeachment expert John Bonifaz; Also: Kamala is out; Another no good, very bad day in court for Team Trump...
By Brad Friedman on 12/3/2019 6:09pm PT  

On today's BradCast: It was another very bad day in the federal courts for Donald Trump, though another very good one for the Rule of Law (for those who still care about such things), even as a new phase in the President's ongoing impeachment inquiry begins in the U.S. House. [Audio link to full show is posted at the end of this article.]

First up, some quick news of the day. California Senator and one time "top tier" 2020 Democratic Presidential candidate is dropping out of the race exactly two months before voting begins in Iowa in next year's nominating contest and just two weeks before the next Presidential debate set for her home state on December 19. We discuss the ramifications for the race and for the woman who might have been the first black female President (but who could very well still become the first such Vice President).

There was more bad news today for Trump and his family and his businesses in federal court on Tuesday, as a three-judge panel on the 2nd Circuit Court of Appeals in New York agreed with the lower court ruling that both Deutsche Bank and Capital One must turn over Trump-related financial documents to two House committees which had subpoenaed them. Trump and his family sued the banks to block the disclosure of what could be a treasure trove of damning documentation detailing years of Trump's dubious financial history and the sources of his funding after several bankruptcies and denials for loans from banks other than the German-based Deutsche. Despite his many business failures, that bank, for some reason, reportedly loaned Trump and his businesses well over $2 billion. Now that he's lost in court again, he has been given seven days to decide if he wishes to appeal to the Republicans' stolen majority on the Supreme Court before the banks will be required to turn over the records to Congress.

Tuesday's serious legal blow follows another one for Trump on Monday, when U.S. District Court Judge Ketanji Brown Jackson refused to place a Stay on her ruling from last week ordering Don McGahn to appear before the U.S. House Judiciary Committee regarding the former White House Counsel's testimony on Trump's many instances of obstruction of Special Counsel Robert Mueller's Russia investigation. The judge ruled the Trump Dept. of Justice's claim that the Presidency would suffer "irreparable harm," if McGahn was allowed to testify was baseless. She did, however, determine that the House Judiciary Committee's ongoing investigation would be "unquestionably harm[ed]" without it, "and by extension" the lack of testimony by the former White House legal chief "would also injure the public’s interest in thorough and well-informed impeachment proceedings."

Speaking of which, the impeachment action moves from the House Intelligence Committee to the House Judiciary Committee on Wednesday, with Judiciary's first public hearing on the Ukraine matter. They will work from a searing 300-page report released by the Intelligence panel on Tuesday, documenting serious abuses of power and obstruction of Congress by Trump that have been revealed during the past several weeks of public and private testimony regarding the President's campaign to withhold military assistance from Ukraine until they agreed to help him in the 2020 Presidential election. The Judiciary Committee's central aim, after the House Intelligence panel found Trump "placed his own personal and political interests above the national interests of the United States," will now be to determine if Articles of Impeachment are merited against the President.

Our guest today, who has written several books on impeachment and testified to Congress about "high crimes and misdemeanor" is Constitutional law expert JOHN BONIFAZ, Co-Founder and President of Free Speech for People. Bonifaz testified to House Judiciary Democrats during the George W. Bush era, explaining how the founders definition of "high crimes" was easily met by Dubya via his unlawful war in Iraq. He also favored impeachment of Bill Clinton back in the 90s, but tells us today that "nothing rises to the level of the kind of abuses of power we've seen under this President".

Bonifaz offers a preview of what four Constitutional law experts are likely to offer during their testimony at Wednesday's first hearing before the House Judiciary panel and explains how the Constitution's term "high crimes and misdemeanors" was meant to refer to abuses of office that were not necessarily defined as statutory crimes (since there were very few such crimes on the books when the Constitution was first adopted!) "This is not about demonstrating in a court of law that the President has committed x or y violations of the federal statutory code, a federal crime or state crime," he tells me. "This is about abuse of office, abuse of power, abuse of the public trust."

Bonifaz, whose latest book on impeachment with Ron Fein and Ben Clements is called The Constitution Demands It: The Case for the Impeachment of Donald Trump, argues that there is a long list [PDF] of abuses that merit the removal of this President. "We've laid out a number of Impeachment Articles that should be presented in Congress that go beyond the Ukraine scandal. They include racist abuses of power, the abuses of power at the southern border separating children and their families, violating their Constitutional rights. The abuse of the pardon power, in pardoning of former Maricopa County Sheriff Joe Arpaio. The list goes on," he says. "And this president need to be held accountable for the full range of his high crimes."

He also explains why he is critical of House Speaker Nancy Pelosi and other Democrats for not moving more quickly when they took control of the House in January, noting that had they initiated the various court battles over testimony and documents at that point, "we would be in a much different position today."

"We are where we are in part because of the unwillingness of the Democratic leadership in the House to do its duty the moment it assumed control of the House of Representatives. They ran on a platform in 2018 to be a check on this Presidency, and it took another nine months into their holding of the House control to start that process of being a check on this Presidency. And that's why we're in this predicament."

I also ask Bonifaz for his thoughts on the White House's legal claims of "absolutely immunity" (it "has no basis in the law," he tells me); whether Chief Justice John Roberts will find a way to block high profile witnesses, like Mulvaney and Bolton, when they are called by Democrats during an impeachment trial in the U.S. Senate (Roberts may "apply the argument that 'these matters are still pending in the federal courts,' so he's not going to override that"); whether he concurs with Robert Reich's argument today that impeaching Trump (whether he's removed or not) makes him legally and Constitutionally "unpardonable"; and how it is up to we, the people, to "stay alert, awake and engaged in fighting for our democracy and our Constitution because we cannot rely on those in power to save us and to save our democracy. We have to fight to protect it, and fight to protect our republic."

Finally, beyond the fight to protect our republic, there is the fight to save our civilization itself. On that matter, we are joined by Desi Doyen with our latest Green News Report, as several disturbing new studies on "catastrophic" tipping points for the climate are published as the nations of the world convene in Madrid this week for the latest U.N. Climate Summit...

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

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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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MONTHLY BRAD BLOG SUBSCRIPTION
ONE-TIME DONATION


Choose monthly amount...


(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




Setting politics aside, why the evidence-free Trump/GOP claims about Ukraine and the 2016 election actually make no sense whatsoever...
By Ernest A. Canning on 11/29/2019 10:05am PT  

Sometimes, when faced with an insidious canard, it isn't enough to either expose the true source of a conspiracy theory or the absence of any facts to support it. In order to thoroughly demolish it, one can identify a reductio ad absurdum --- "a form of argument in which a proposition is disproven by following its implications to absurd conclusions".

It is indeed important that, throughout the recent public impeachment hearings, House Intelligence Committee Chairman Adam Schiff (D-CA) referred to allegations that CrowdStrike and the Ukrainians hacked the Democratic National Committee (DNC) server in 2016 as a "debunked" conspiracy theory and that none of the State Department and National Security Counsel (NSC) officials who testified during the impeachment hearings could identify any evidence that would support that "debunked" theory. It is also important that, in her opening statement, Dr. Fiona Hill, Trump's own former NSC Senior Director of Russian and European Affairs, proclaimed that Russian intelligence agencies were the source of that "fictional" canard.

While there is ample evidence to support the conclusions offered by Dr. Hill and Chairman Schiff, one can deliver the coup de grâce to the baseless but insidious theory that Ukraine and CrowdStrike hacked the DNC by asking "why" they would do that?...

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




Guest: Election and criminal justice expert Daniel Nichanian; Also: House schedules new impeachment hearing as Trump appeals federal ruling finding 'Presidents are not kings'...
By Brad Friedman on 11/26/2019 6:44pm PT  

At the BRAD BLOG and on today's BradCast, we'll even fight for Donald Trump's right to vote --- even from prison, should he find himself there at any time in the near-ish future. [Audio link to show follows below.]

But, first up today, a bit of impeachment-related news, even as Congress is on recess for the Thanksgiving holiday. The House Judiciary Committee (as opposed to the House Intelligence Committee) has announced a new impeachment hearing for next Wednesday. Judiciary Chair Jerrold Nadler sent a letter to the President on Tuesday, inviting him and his counsel to attend and potentially question witnesses in the hearing titled Titled "The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment." Along with his invitation, Nadler also offered a warning about the White House's continued refusal to make witnesses and documents available to the Constitutional proceedings in the U.S. House.

In related news, Trump's Dept. of Justice on Tuesday filed for a stay to a blistering federal court ruling ordering that former White House Counsel Don McGahn appear for scheduled testimony in response to a lawful Congressional subpoena regarding the House's examination of the Robert Mueller investigation. McGahn played a key role in the probe, helping to detail Trump's multiple attempts to obstruct the Special Counsel's investigation of Russian interference in the 2016 election and Team Trump's cooperation with the effort.

The DoJ is now seeking a pause pending an appeal to U.S. District Judge Ketanji Jackson Brown's scathing 121-page ruling [PDF] issued on Monday, in which she eviscerated the DoJ argument that Presidents and their current and former White House officials enjoy "absolute immunity" from Constitutionally-mandated Congressional oversight. "Stated simply," the Judge wrote, "the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings."

Trump, however, appears to feel otherwise. In addition to appealing the order, Trump tweeted today that "The D.C. Wolves and Fake News Media are reading far too much into people being forced by Courts to testify before Congress," adding that while he "would love" to have top Executive Branch officials like Sec. of State Mike Pompeo, acting Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton testify in impeachment hearings in the Ukraine bribery affair, he is only "fighting for future Presidents and the Office of the President. Other than that, I would actually like people to testify."

But whether Trump wins his "absolute immunity" defense while President, it is unlikely to help him once he is out of office. To that end, yes, we'd hate to see him lose his right to vote if he ever should find himself imprisoned for any of his countless crimes. In the meantime, however, there are millions in prison who have already lost that right --- a right, not a privilege, even if many treat it that way --- while behind bars. There has been some noteworthy successful (and even bi-partisan in some cases) efforts of late in a number of states to help enfranchise former felons or those out of jail on probation or parole though state constitutional amendments, legislation or executive actions. But when it comes to the right to vote for those still in prison, the debate has been slower and more contentious. Currently, only Maine and Vermont allow prisoners to vote, a policy which Vermont's U.S. Senator Bernie Sanders strongly defended during a CNN Presidential Candidate Town Hall earlier this year.

At the same time, as our guest today, DANIEL NICHANIAN, Editor of The Appeal Political Report (better known as @Taniel on Twitter) points out, lawmakers in eight states and D.C. have filed legislation this year to allow people behind bars to exercise the right to vote. Rep. Ayanna Pressley (D-MA) has done the same at the federal level.

After a Republican New York state Assemblyman recently described a state Senate bill there that would enfranchise convicts as "insulting [to] members of law enforcement and the criminal justice system who worked diligently to get these dangerous predators off the street," Nichanian reached out to prosecutors, correctional facility officers and elected officials in Maine and Vermont to see if they agreed. You'll be surprised to learn that not one of them did, with almost all either finding it to be no problem or, more frequently, lauding the connection to "the real world" that voting allows imprisoned citizens as they pay their debt to society.

Nichanian, a Senior Fellow at the Justice Collaborative and expert on criminal justice reform and mass incarceration, shares insight from the officials he spoke with, and explains why reform on this issue (which disproportionately affects minorities) --- and a number of related topics --- is long overdue.

"We are not treating the right to vote as an inalienable, fundamental right of U.S. democracy, as a right that every citizen should have, and have protected," he tells me, explaining why "ending felony disenfranchisement would also mean that law enforcement professionals are no longer the arbiters of who gets to exercise democratic rights."

Nichanian notes that "the way in which we talk about people who are incarcerated, it would seem like we forget that these people have families, they have kids who go to school, and the school board elections matter to them. They have families who also need to care about their elected officials."

"There's all sorts of arguments of whether people are worthy of voting or not, whether people have shown enough civic capacity to vote or not," he argues. "And I find all of that universe of questions to be questionable, because we are claiming for ourselves the power and authority to decide whether our fellow citizens should have the same rights as us. I find that to be a problematic question. And I think that's just the bottom line: whether we want the right to vote to be a protected right for all U.S. citizens."

He says that "we are definitely seeing the criminal justice reform conversation encompass these issues of rights restoration, as a tool of re-entry, as a tool of thinking about how people remain human, as a way of thinking about economic justice and racial justice throughout the process." But whether that, theoretically bipartisan effort will ultimately become a fight for re-enfranchising felons remains to be seen.

We also discuss how the imprisoned population is used in the fight over apportionment, with the incarcerated counted in the census and for redistricting purposes, even while that huge chunk of the population is disallowed from exercising any real political power through the vote. "The time to address it is literally now, because the next round of redistricting and map-drawing is coming up. If this is going to be reformed, it has to be in the next couple of years, or else we'll have ten more years of problems on this."

Finally, Desi Doyen joins us today for our latest Green News Report as "climate emergency" is named "Word of the Year" by the Oxford Dictionary and, unfortunately, for very good reason...

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Also: Federal Judge says McGahn must testify; GA SoS attempts to intimidate election experts; High profile resignation at Verified Voting; Callers ring in after blockbuster impeachment week...
By Brad Friedman on 11/25/2019 6:10pm PT  

Hmmm....That's interesting. With all of those pro-Trump callers we had last week after Week 1 of impeachment hearings, there were none willing to call in to today's BradCast to defend the President after the bombshells of Week 2. I wonder why. [Audio link to show follows below.]

Before we get to those calls today, a few other news headlines of note that we've been trying to get to for several days (and hope to cover more in coming days), but for our impeachment coverage over the past week. Among those stories...

  • Georgia's new Republican Sec. of State Brad Raffensperger is attempting to intimidate election integrity and computer science experts by announcing official state investigations of their activities. The recently announced probes are of prominent experts, several of whom have appeared on The BradCast as guests multiple times. They have been critical of Raffensperger for installing new, hackable, unreliably and 100% unverifiable touchcreen Ballot Marking Device (BMD) voting systems across the state before 2020, despite the new systems' disastrous performance failures in the counties which pilot tested them in the recent 2019 off-year elections;
  • The inventor of the Risk-Limiting Audit (RLA) protocol, used by some jurisdictions to (supposedly) assure that computer tabulators correctly tallied voter intent when reporting election results, has resigned from the previously well-respected voting system watchdog group Verified Voting. Prof. Philip Stark of UC Berkeley has been critical of the group on which he served on their Board of Directors, for helping to validate what he describes as "meaningless" [PDF] post-election audits in jurisdictions --- such as Georgia and Philadelphia --- where unverifiable BMD systems are used to mark paper ballot summaries. He argues that only hand-marked paper ballots can be known to reflect voter intent, and that RLA's of computerized ballots is likely to offer a false sense of security in results produced on such systems. Stark sent a dramatic resignation letter over the weekend, blasting VV for "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes (and debasing the meaning of "RLA" in the process)";
  • In related-ish news, but far more hopeful news, the New Jersey Assembly voted to restore voting rights to some 83,000 people on parole & probation. The measure would overturn a law adopted in 1844, but must still be approved in the state Senate and sighned by the Governor;
  • And, in breaking news just as today's show began, a federal court judge has ruled that Donald Trump's former White House Counsel Don McGahn must respond to a lawful U.S. House subpoena for documents and testimony related to Special Counsel Robert Mueller's probe, during which McGahn testified that Trump attempted to obstruct justice at least 10 different times. While the ruling is likely to be appealed by Trump's Dept. of Justice, the order to testify would also likely apply to a host of top Trump officials who have refused to answer Congressional subpoenas in the Trump/Ukraine affair for which he is currently facing an impeachment inquiry, after the Administration has claimed "absolute immunity" from Congressional oversight.

Speaking of which, we summarize last week's explosive impeachment hearings today, and cover a number of new, related stories which broke over the weekend before opening the phones to callers. Last week, when we did same after Week 1 of public testimony in the U.S. House Intelligence Committee, we heard from a number of callers who remained strongly opposed to Trump's impeachment and removal. Today, however, when we opened the phones to listeners to take their temperature after the several blockbuster revelations of Week 2, those callers were nowhere to be found...Go figure!

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Special impeachment hearing coverage with guest Heather Digby Parton; Also: Stone found guilty on all counts; Giuliani reportedly facing federal criminal probe for Ukraine natural gas scheme...
By Brad Friedman on 11/15/2019 5:19pm PT  

Our special BradCast coverage of the ongoing impeachment hearings of Donald J. Trump continues today, as 33-year foreign service veteran, Ambassador Marie Yovanovitch was sworn in as a witness in the U.S. House Intelligence Committee's public hearings. [Audio link to show is posted below.]

Yovanovitch, whose parents fled both Stalin's Soviet Union and Nazi Germany offered riveting testimony about being ousted, without explanation, by Trump, amid a smear campaign against her, propagated by Trump's attorney Rudy Giuliani, ousted corrupt Ukrainian officials and the President of the United State himself. The coordinated campaign against the virulently anti-corruption Ambassador appears to have been at the center of Team Trump's need to move her out of the way in April of this year so they could try to force Ukraine to announce state probes into Donald Trump's political rivals in exchange for $391 million in military assistance apportioned by Congress and unlawfully withheld from the embattled nation by the White House.

Even as the hearing on Trump's apparent high crimes and misdemeanors played out in the U.S. House Intelligence Committee on Friday afternoon, Trump seems to have added a new potential Article of Impeachment by attacking Yovanovitch on Twitter during her testimony. Committee Chair Adam Schiff, a former federal prosecutor himself, characterized the remarkably brazen attack on the longtime, well-respected Ambassador as attempted "witness intimidation". Even top Fox "News" reporters and anchors were stunned by Trump's attack.

We're joined today once again by award-winning opinion and analysis journalist HEATHER DIGBY PARTON of Salon and Hulaballoo as we analyze, explain and try to make sense of Friday's hearing, along with the aid of several extended clips from the proceedings.

ALSO TODAY: Even as the hearings played out, Roger Stone, a longtime Republican dirty trickster and close Donald Trump ally, was found guilty on all 7 criminal counts for which he was facing trial in federal court as part of the Robert Mueller investigation into Russia, Wikileaks and Team Trump interference in the 2016 election. The charges Stone was found guilty of include lying to Congress and witness tampering and could net the 67-year old GOP operative up to 20 years in federal prison...unless he is pardoned by his friend Trump. He is the sixth top Trump associate to be found or have pleaded guilty to federal felony charges.

At the same time, the Wall Street Journal today is exclusively reporting that Giuliani --- who was at the center of the Yovanovitch smear campaign and what Democrats describe as the bribery scheme to force Ukraine to announce an investigation of Joe Biden and his son who served on the board of Ukrainian natural gas company Burisma --- is himself now being criminally investigated by federal prosecutors in relation to a Ukrainian natural gas scheme.

Yes, it is all that insane, but we do our best to try and make sense of it today nonetheless...

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Callers ring in on impeachment, the climate change 'hoax', the disastrous failures of new touchscreen vote systems last week in GA and PA, and in L.A. before next year's 2020 Presidential election...
By Brad Friedman on 11/11/2019 6:01pm PT  

Yes, everything, even wildfires in California, are now political, as proven over the weekend when I tweeted out a non-political video I captured of a fire that broke out on a hillside in the San Fernando Valley, threatening the iconic Hollywood sign just on the other side of the hill. Callers ring in today --- as we were able to open the phones for the first time in weeks --- on a bunch of stories covered on today's BradCast.

Among those stories...

  • Trump loses yet again in court as a federal judge on Monday dismissed his lawsuit filed in D.C. hoping to, preemptively, prevent Congress from using New York state's newly adopted law which allows the U.S. House Ways and Means Committee to request copies of the tax returns of New York residents (read: Donald Trump's). It was just another loss in the long list of frivolous lawsuits brought by Trump to try and keep his tax returns from becoming public, for some reason;
  • Over the weekend Republicans submitted a list of requested witnesses for the upcoming public hearings in the Trump impeachment matter regarding his attempt to extort Ukraine by withholding military assistance in exchange for his demand that Ukraine announce an investigation into Joe Biden, his son Hunter and a conspiracy regarding Ukraine interference in the 2016 election. The House GOP's request list includes both Hunter Biden and the whistleblower who first brought the Ukraine matter to light. Rep. Adam Schiff, the Democratic Chair of the Intelligence Committee holding the public hearings this week responded by saying that he will not allow the proceedings to be used to promote the already-debunked theories that Trump was attempting to force Ukraine to spread in his unlawful effort to strong-arm the nation's new President into helping Trump on his 2020 reelection campaign;
  • We review some of the remarkable comments I received over the weekend after I tweeted a completely non-political news video of a wildfire in Burbank which broke out while I was there. Did you know they were caused by socialist homeless pedophiles? Who knew? Trump fans on Twitter do, apparently!;
  • And, speaking of both fires in CA and the 2020 elections, I share the response I recently received from the L.A. County Registrar-Recorder/County Clerk's office seeking comment about their contingency plans to deal with preemptive power outages should they occur during the general election next year at the same time as the ones California power companies imposed this year in hopes of not sparking wildfires during climate change-fueled hot, dry and windy conditions.

    Now that Los Angeles is moving to 100% unverifiable electronic touchscreen voting systems and electronic pollbooks, such an outage could prove disastrous for voters on Election Day and during early voting next year. Unfortunately, while the Registrar's office here replied to my queries on this (tune in to hear their response), they failed to reply to follow up questions;

  • All of this is decidedly NOT an academic issues, given the disasters that occurred last week during Off-Year municipal elections in George and Pennsylvania, where, for the first time, counties in those states deployed brand-new touchscreen voting systems akin to the ones that Los Angeles will be forcing voters to use at voting centers next year, rather than hand-marked paper ballots and paper pollbooks (neither of which require electricity or the Internet).

    The results were catastrophic in many PA and GA polling places with some voters unable to vote at all, many forced had to wait up to an hour during the sparsely attended off-year election, and computer-reported results showing some candidates receiving 0 votes at several precincts, even though they'd received thousands. And, yes, a power outage prevented voters from voting at one precinct. All of this serves as a chilling preview of what could well await the nation in 2020 during the most critical Presidential election in our nation's history.

Finally, we then open the phone lines, at long last, on all of the above. And our listeners have a LOT to say about it all, including a few who believe global warming is a hoax, and that the President should NOT be impeached for either extortion or obstruction of justice. Fun! Tune in for all of that and much more on today's very lively BradCast!

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Guest: Former Asst. U.S. Attorney Randall Eliason; Also: Army officer was so alarmed by Trump's Ukraine scheme he alerted NSC lawyers; NC court orders ungerrymandered U.S. House maps for 2020!...
By Brad Friedman on 10/29/2019 6:17pm PT  

On today's BradCast: We're at the point in the ongoing impeachment inquiry of Donald J. Trump when the facts against him have become so damning that he and his supporters in Congress are pretty much just tossing everything they can against the wall to see what, if anything sticks. [Audio link to show is posted below.]

But first today, some long-overdue very good news out of North Carolina, where a three-judge state court panel has determined the state's Republican-drawn Congressional maps to be an "extreme partisan gerrymander" and has ordered new maps before the 2020 elections. The court went so far as to state that no more Congressional elections may be run on the current maps, and if new ones aren't drawn in time for next year's March 3 primary election, the judges --- two Democrats and a Republican --- will postpone the primaries until they do.

The news is long-overdue, though hardly a surprise. North Carolina is the most divided of swing states, but the GOP-skewed maps have resulted in 3 Democrats and 10 Republicans in the state's Congressional delegation for the past decade. A federal appeals court already ruled the same map to be an unconstitutional partisan gerrymander and ordered a new one drawn. But that ruling was ultimately over-ruled by the stolen Republican majority on the U.S. Supreme Court earlier this year, when they declared in a 5 to 4 opinion that federal courts may not hear partisan gerrymandering cases. Only state courts may now do so, and now North Carolina's state court has done so. The same court ruled last month that the state's legislative districts were also drawn in violation of the state constitution and ordered new maps there as well.

Meanwhile, speaking of Congress, a White House national security official and decorated Iraq War vet offered startling testimony to House impeachment investigators on Tuesday, regarding Trump's scheme to withhold nearly $400 million in military assistance to Ukraine unless the nation's President promised to investigate Joe Biden in advance of the 2020 election. Lt. Col. Alexander Vindman serves as the top Ukraine expert on the White House's National Security Council (NSC) and is the first official to testify in the impeachment matter who actually listened live to Trump's infamous July 25 "I need a favor though" phone call with Ukrainian President Volodmyr Zelensky.

According to Vindman's prepared opening statement obtained by the New York Times, the veteran Army officer and longtime civil servant was so alarmed by Trump's strong-arm tactics and withholding of military aid that, out of a "sense of duty", he alerted the top lawyer at the NSC --- twice --- in order to register internal objections about the policy, which he feared would "undermine national security."

"I am a patriot,” Vindman says in his testimony, "and it is my sacred duty and honor to advance and defend our country irrespective of party or politics." Since news of his testimony broke on Monday night, rightwing media have been attacking the Purple Heart winner who was wounded by an IED in Iraq, as a traitor who must be working for Joe Biden or George Soros or Ukraine, after he fled the then Soviet-controlled country as a 3-year old with his parents in 1979.

Next, were joined by former Asst. U.S. Attorney turned George Washington University Law School professor RANDALL ELIASON to discuss the Republicans' continuing, nonsensical whining that the impeachment inquiry lacks "due process" for the President. Though each of their arguments toward that end have been dismantled by both facts and federal courts in recent days, they are still making the case which Eliason describes as "nonsense" in his latest Washington Post op-ed.

He explains why on today's program, noting the old "saying in Washington, that if you're arguing about process then you're losing," adding: "I think that's certainly the case here." Eliason, a longtime expert in white collar crime, government fraud and federal criminal law, responds to a number of different allegations being offered by Trump and his defenders, including the specious claim that there is no crime at the heart of Trump's quid pro quo pressure campaign against Ukraine.

He also offers his thoughts on the recent news --- and "incredibly suspicious" timing behind it --- that Trump's Attorney General Bill Barr has elevated the Dept. of Justice's probe into the origins of the 2016 investigation into Russian election meddling into a criminal investigation of some sort.

Finally, Desi Doyen joins us for the latest Green News Report on California's wind-drive wildfires, Massachusetts' new climate fraud lawsuit against Exxon Mobil, and Trump's new plan to steal Syria's oil in violation of international law. Also, as we close, late news and a few thoughts on the nation's largest private coal company, Murray Energy, declaring bankruptcy protection today. So much for Trump's promise to save the dirty coal industry. Now, what about the company's long-serving coal miners who may very well lose their pensions and health care under Trump-supporter Robert Murray's scheme to restructure his dying company?...

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AG Barr ordered to hand over grand jury transcripts, exhibits redacted from the Mueller Report to Congress by October 30
UPDATE 10/29/19: DC Circuit Court of Appeal Grants Temporary Stay of Order to Release Grand Jury Materials...
By Ernest A. Canning on 10/28/2019 9:35am PT  

In her landmark, 75-page decision filed on Friday, U.S. District Court Judge Beryl A. Howell did much more than simply grant a motion filed by the House Judiciary Committee (HJC) to compel the U.S. Department of Justice (DOJ) to provide it with grand jury materials from Special Counsel Robert Mueller's probe that had been previously concealed. In that same order, the court systematically demolished every quasi-legal objection the DOJ and White House have raised in their specious efforts to interfere with an ongoing and lawful impeachment inquiry.

The core question raised by HJC's motion was whether the court should order the DOJ to release pertinent grand jury materials in accordance with Rule 6(e) of the Federal Rules of Criminal Procedure. Although grand jury testimony and exhibits are ordinarily kept secret, Rule 6(e) authorizes a court to order the disclosure of such materials "preliminarily to" or "in connection with a judicial proceeding" when there is a "particularized need" for disclosure.

Judge Howell suggested that a House impeachment inquiry, in and of itself, may be considered a "judicial proceeding". She concluded, however, that the court did not have to reach that issue because the HJC was correct in its assertion that its impeachment inquiry was "preliminary to" a judicial proceeding.

In her erudite decision, Howell cited historical practice, the Federalist Papers, the text of the Constitution, and both Supreme Court and binding DC Circuit Court of Appeals precedent. All of these make it abundantly clear: U.S. Senate impeachment trials are "judicial proceedings". Indeed, the DOJ's contrary position is not only at odds with the appellate decision in Haldeman v. Sirica (1974) but also with the DOJ's own legal position in that Watergate-era decision. The DOJ was unable to satisfactorily explain why, under Attorney General William P. Barr, it had changed its previous, long-standing legal position.

The "particularized need" to release the materials arises, in this instance, because Mueller, in deference to the opinions of the DOJ's Office of Legal Counsel (OLC) that a sitting President may not be indicted,* refrained from reaching conclusions about the legality or illegality of the President's conduct. "This," the court observed, "leaves the House as the only federal body that can act on allegations of presidential misconduct." Yet, the court observed, "under the DOJ's reading of Rule 6(e), the Executive Branch would be empowered to wall off any evidence of presidential misconduct from the House by placing that evidence before a grand jury."

The DOJ's contentions were, thus, not simply wrong but untenable. "In carrying out the weighty constitutional duty of determining whether impeachment of the President is warranted," Judge Howell observed at the outset of her opinion, "Congress need not redo the nearly two years of effort spent on the Special Counsel's investigation, nor risk being mislead by witnesses, who may have provided information to the grand jury and the Special Counsel that varies with what they tell HJC."

Had she stopped there, Judge Howell's ruling would be significant. Her demolition of every argument against the validity of the impeachment inquiry that has been presented by the DOJ, by the White House and by some Republican members of Congress, however, was nothing short of breathtaking...

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




Guest: Ann Ravel goes from FEC Commish to CA State Senate candidate, with some thoughts on many criminal violations by the President, and on our broken campaign finance system; Also: Giuliani snowballing...
By Brad Friedman on 10/25/2019 6:44pm PT  

In my exclusive interview on today's BradCast with ANN RAVEL, former Chair of the Federal Elections Commission (FEC), we cover quite a bit of ground. From the reasons she has decided to run for office in California, to the apparent violations of federal election laws at the heart of the Trump impeachment inquiry into the quid pro quo with Ukraine, to the absurd campaign finance laws that allowed two now-indicted Rudy Giuliani associates to buy their way into the White House and directly effect U.S. foreign policy, to the Stormy Daniels affair, and to our shamefully broken FEC. [Audio link to show follows below.]

Ravel, who also previous served as Chair of California's Fair Political Practices Commission (or FPPC --- a more functional version of the FEC, but for the state of CA) and as Deputy Asst. Attorney General during the early years of the Obama Administration, is now running for State Senate in CA's 15th District, which includes San Jose in the Northern California Bay Area. After a lifelong career of public service, this is her first actual run for elected office.

We begin today's conversation with a few thoughts on the "local" issues regarding Pacific Gas and Electric (PG&E)'s preemptive blackouts for hundreds of thousands of customers to avoid their above ground power lines sparking wildfires. The bankrupt for-profit power utility, the state's largest, has been found liable for billions of dollars after several deadly recent fires, thanks to a failure to properly maintain or bury power lines amid increasingly warm and dry climate changed weather. We discuss whether the state should simply take over the company, following Gov. Gavin Newsom's scathing remarks on Thursday citing PG&E's many deadly failures, which he attributed to "dog-eat-dog capitalism and corporate greed meeting climate change."

Then it's on to many issues of national importance --- as highlighted of late by several matters related to Trump's ongoing impeachment inquiry --- regarding our broken FEC, which does not currently even have a quorum of Commissioners to either meet or vote as we head into the most critical election year in the history of our nation!

Ravel, who resigned as FEC Chair "in abrupt and dramatic fashion", according to the Mercury News in February of 2017, "declaring in a public resignation letter that the Federal Election Commission is on a gridlocked road to nowhere," offers her many insights on...

  • Campaign finance laws apparently violated by Trump in soliciting a "thing of value" from a foreign entity. That impeachable and criminal violation of law is at the heart of Trump's attempted withholding of military aid and the strong-arming of Ukraine in exchange for dirt on the Biden family and the 2016 election. "There is no question whatsoever that there was a crime at the heart of this," Ravel tells me. "And I'm appalled, having also been at the Department of Justice at the beginning of the Obama Administration, what has become of a Department that is supposed to be doing justice for the people";
  • Attorney General Bill Barr and the Dept. of Justices' failure to refer that matter, exposed by a whistleblower complaint, to the FEC for civil charges, as per a longstanding agreement between the two federal agencies. "That was the general understanding that always was the principal we operated by at the FEC";
  • The FEC's lack of ability to take immediate action on such a charge, even if it had been referred to them, given the FEC's current lack of a quorum. "Had it been referred as a complaint, that would begin the statute of limitations. And there is a five-year statute. So at some point, assuming there are other Commissioners appointed, ever --- by McConnell, or the Democratic Minority Leader, and assuming that the President makes the nominations --- it could, in the coming five years, actually take some action";
  • The obscene lack of campaign finance laws following Citizens United and other woeful "dark money" rulings from SCOTUS in recent years. Those High Court rulings have allowed men like Rudy Giuliani associates Lev Parnas and Igor Fruman to run an influence operation to purchase access to the White House and Republican members of Congress and actually effect U.S. foreign policy in the Ukraine matter in exchange for a few hundred thousands dollars (of unknown origin) given to Trump's SuperPAC, to Giuliani, and to other Republican officials and organizations. While Parnas and Fruman were recently indicted, their charges were based on lying to officials about the source of the money. Had they simply used their own, as we also recently discussed with Brendan Fischer of Campaign Legal Center (which filed the original complaint to the FEC about the pair's donations last year), the influence operation would have been perfectly legal under current law, she confirms. "And that is a whole other problem with our campaign finance system...That will only be fixed if there is a different Supreme Court";
  • Why isn't the case of Trump's hush-money payoffs to porn star Stormy Daniels a bigger matter, given that Trump is known to have "directed" a campaign finance law felony conspiracy in making the payments, and then failed to report them to the FEC as required by law? To Ravel's consternation, Democrats in Congress, to date, have yet to make the matter a central point in their impeachment inquiry, and the short-handed FEC is otherwise unable to bring civil charges for Trump's willful violation of the law. She notes that fines levied against the Obama Campaign years ago were for far less serious violations of campaign finance law. "I often say, to much laughter, that I consider myself an expert in Stormy Daniels. I think this is scandalous. It is a campaign violation, without question, and it was being done at the behest of the President."

Those are just some of the many topics discussed on today's program with Ravel.

Finally, after some breaking news on a ruling late today by a federal judge ordering the DoJ to turn over unredacted grand jury testimony and other materials from the Robert Mueller probe to House Democrats working on impeachment, we take a quick look at the quickly snowballing fate of Rudy Giuliani, who finds himself in deeper and more embarrassing --- and potentially criminal --- straits by the hour. For now, Trump is standing by his man. But probably not for long. So, for a musical close to to the week, we turn to the inimitable Randy Rainbow, who recently threw Rudy entirely under a bus...

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CA fires, private utility blackouts; Wilbur Ross' private email scandal; Giuliani lawyers up; 'Obamacare' prices drop; MA's shameful vaping ban...
By Brad Friedman on 10/24/2019 6:39pm PT  

With a short, semi-pause in the hot impeachment action on Capitol Hill, we take the opportunity on today's BradCast to catch up on a number of non-impeachment related stories (mostly). [Audio link to show follows below.]

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

  • With climate change induced temps soaring, humidity plummeting and hot, nearly hurricane force desert wind gusts buffeting much of the state, wildfires are again breaking out again in both Northern and Southern California, despite the state's several privately-owned for-profit utility companies preemptively shutting down power to as many as half a million customers. That, to avoid still more liability for failing to maintain and/or bury their power lines which have been found as the cause of many recent deadly fires in the global warming-parched state. Gov. Gavin Newsom had some choice words on Thursday about those utility companies, such as Pacific Gas and Electric (PG+E) and Southern California Edison, placing profits over safety for many years in what he blasted as "dog-eat-dog capitalism [and] corporate greed meeting climate change";
  • As the years-long probe by Trump's State Department into the phony "scandal" surrounding Hillary Clinton's use of a private email server as Secretary of State finally concluded very quietly last week --- having found "no persuasive evidence of systemic, deliberate mishandling of classified information” --- yet another top Trump Administration official is being investigated for his use of private email accounts to conduct official business. Commerce Secretary Wilbur Ross is at least the 9th senior Trump official who has been revealed to have done so, as he faces both a civil lawsuit over the practice, and as the National Archives and Records Administration has just opened an official probe;
  • In only somewhat impeachment-related news, Donald Trump's personal lawyer Rudy Giuliani, who refused last week to answer a Congressional subpoena from House impeachment investigators while parting ways with his personal attorney, is now said to be looking for a new criminal attorney. The former NYC Mayor is reportedly a person of interest in at least two different federal probes, both criminal and counterintelligence, being carried out by federal prosecutors in the Southern District of NY (the office Giuliani once led as U.S. Attorney);
  • In U.S. healthcare news, open enrollment on the federal Affordable Care Act healthcare.gov exchange is set to begin on November 1, with as many as 20 new insurers and an average drop in the cost of premiums of 4%. Despite years of attempts by Republicans and Donald Trump to try and undermine "Obamacare", its marketplace is apparently stabilizing even as a ruling is now pending at any time from a federal appeals court in the GOP challenge to the law seeking to strike down the entire Act as unconstitutional;
  • And, in related-ish news, a court in Massachusetts has temporarily delayed an ill-considered attempt by its Governor to institute the nation's strictest ban on vaping, in supposed response to a recent outbreak of lung injuries, a number of them deadly, due to the use of black-market THC/cannabis vaping cartridges. Gov. Charlie Baker's attempted ban, however, would prevent the sale of all nicotine vaping products, which are not tied to the recent outbreak in any way, thus endangering the lives of an untold number of smokers and former smokers who would be prevented from using life-saving nicotine vapor devices in the state. Shamefully, a number of other states are in the process of implementing similarly deadly bans, thanks in no small part to horrifically irresponsible media coverage that has equated safe nicotine vaping (and safe marijuana vaping in locations where it is both legal and regulated) with the use of contaminated black-market THC vaping devices;
  • Finally, Desi Doyen joins us for the latest Green News Report, with more on the disgraceful and dangerous California private utilities power blackouts, the deadly costs of Trump's rollbacks of clean air standards, and Congressional testimony from former Exxon scientists who detail how the oil giant spent decades and millions of dollars lying to the public about climate change...

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

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Trump attorneys claim immunity for shooting someone on Fifth Ave.; WH attacks Bill Taylor; House RWers 'storm' Impeachment hearing; Facts keep undercutting Ukraine quid pro quo excuses; Also: Exxon scientists undercut oil giant on Capitol Hill...
By Brad Friedman on 10/23/2019 6:47pm PT  

On today's BradCast, Donald Trump needs a LOT of defending --- on virtually every front today. Lucky for him he's still got quite a few willing chumps, suckers and patsies willing to go down with his ship, from elected officials in Congress, to entire media networks invested in his criminal wingnuttery, to the best team of shameless lawyers his dirty money can buy. [Audio link to full show follows below.]

We kick off today with the remarkable argument offered by one his shameless attorneys in a federal appeals court in Manhattan, where a lower court judge recently ruled against Trump in his suit to block his longtime tax accountants at Mazars USA from turning over eight years of his tax and other financial documents as subpoenaed by state prosecutors. The probe is into payments made while Trump was in the White House to reimburse his then-attorney, now-convicted felon Michael Cohen for hush-money payoffs to porn star Stormy Daniels just prior to the 2016 Presidential election.

After the lower federal court judge virtually laughed the Trump attorneys out of court earlier this month, finding their argument that a President may not be indicted or even investigated at the federal OR state level to be "repugnant to the nation's governmental structure and constitutional values," Team Trump quickly appealed to the U.S. Second Circuit Court of Appeals, which heard his argument today.

During today's hearing, the 3-judge federal panel, citing an infamous quip about Trump's ability to shoot someone on Fifth Avenue without losing any supporters, queried Trump attorney William Consovoy on whether law enforcement officials would be Constitutionally allowed to investigate or do anything about it, if that literally occurred. The President's attorney said no, they could not. It's a hypothetical that I've raised several times in the past, in response to the absurd, Constitutionally-weak, decades-old DoJ Office of Legal Counsel (OLC) opinion memo asserting that a sitting President may not be criminal indicted. That OLC memo, never tested in a court of law, though cited by Robert Mueller when he failed to bring criminal Obstruction of Justice charges against the President despite mountains of supporting evidence, will now almost certainly have its day before the Republican's stolen U.S. Supreme Court in this matter.

Then, the many desperate attempts made by Republicans last night and today to try and defend the President following Tuesday's "damning" testimony to House impeachment investigators by Bill Taylor, Trump's acting Ambassador to Ukraine. The veteran diplomat rocked D.C. with his meticulously detailed recounting of how he learned that Trump was personally behind the quid pro quo pressure campaign to withhold nearly $400 million in military assistance to Ukraine unless its recently elected President, Volodymyr Zelensky, publicly promised an investigation into Joe Biden and the 2016 election.

With no clear messaging campaign to push back against the explosive charges at the heart of the ongoing impeachment inquiry, Republicans from the White House to Congress to Fox "News" have been flailing over the past 24 hours. The White House Press Secretary released a statement attempting to tar the longtime civil servant and military veteran Taylor as a "radical unelected bureaucrat waging war on the Constitution"; Trump's former Acting Attorney General Matt Whitaker took to Fox "News" to declare that "abuse of power" is not actually a crime; and Trump's far-right allies in the U.S. House stormed a secure room in the basement of the Capitol in a faux "riot" (reminiscent of the infamous "Brooks Brothers Riot" in Florida in 2000) to stall the planned impeachment deposition of Defense Department official Laura Cooper, the Deputy Assistant Secretary of Defense for Russia, Ukraine and Eurasia. It is believed Cooper was to testify on the Pentagon's finding that the White House's withholding of Congressionally-allocated military assistance to Ukraine was, in fact, unlawful.

Some of Trump's defenders today have been arguing that Taylor's testimony highlighted that Zelensky didn't know about the withheld U.S. military assistance and, therefore, the Administration's pressure campaign could not possibly have amounted to a quid pro quo. That argument, however, was neatly eviscerated late today via an exclusive from Associated Press, reporting that Zelensky was aware of the White House pressure campaign and the potential of losing U.S. aid if he didn't play ball in Trump's political scheme, as early as May of this year.

Finally today, the stalled impeachment deposition was not the only hearing on Capitol Hill today. Desi Doyen joins us for some highlights from a House Oversight Committee hearing on Wednesday in which Exxon Mobil scientists testified about the oil giant's knowledge, decades ago, that the use of their product was endangering humanity by warming the globe, even as Exxon invested millions in an "immoral" public relations campaign to convince the world that the science on the matter was in doubt...

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

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