It's bad enough that the U.S. Department of Justice (DOJ), based upon deeply flawed opinion memos, issued by its own Office of Legal Counsel (OLC), believes a sitting President cannot be prosecuted while in office for his or her crimes.

Now, 43 Republican Senators have sought to justify their "not guilty" votes in Donald J. Trump's second impeachment trial based on the specious assertion that an impeached President cannot be tried in the Senate for crimes committed while in office after he/she is no longer in office. That disingenuous notion is at odds with historical Senate precedent, the opinions of more than 170 legal scholars from both the Right and Left, and a simple reading of the plain text of the U.S. Constitution, not to mention the Senate's own decisive, bi-partisan, 56-44 majority vote at the start of this latest Senate Impeachment trial establishing that such a trial is indeed Constitutional.

Obviously most of the 43 "impartial" Republican jurors --- a number of whom share responsibility for the insurrection because they either directly perpetrated or failed to timely refute the Big "Stop the Steal" Lie --- latched onto the "no jurisdiction" defense in a desperate effort to erect plausible deniability for themselves. A fig leaf, if you will, designed to conceal their own duplicity and cowardice. Indeed, the remarks by Minority Leader Mitch McConnell (R-KY) delivered on the floor of the Senate immediately after he cast his "not guilty" vote reveal that the factual case presented by the House Managers was both clear and convincing.

For that reason, an historically huge, bi-partisan, 57-43 majority of the U.S. Senate found Trump guilty as charged of "Incitement of Insurrection". That there were enough misinformed, duplicitous or simply cowardly Republican Senators to prevent the two-thirds vote required to meet the incredibly high bar for conviction under Senate Impeachment rules is of little moment.

A political impeachment process is very different from a legal proceeding. There are, in fact, grave statutory crimes at the heart of Trump's most recent Article of Impeachment, including 18 U.S. Code § 373 - Solicitation to commit a crime of violence; 18 U.S. Code § 2383 - Rebellion or insurrection; and 18 U.S. Code § 2384 - Seditious conspiracy. With that in mind, the DOJ's failure or refusal to prosecute the former President could result in impunity with respect to an Office that is already considered the most powerful on earth.

Trump's attempted coup may have failed, but if we cloak the Office of the President with impunity, we invite a more skilled, future demagogue to do anything --- legal or illegal --- to retain power. To counter that more-serious-than-ever concern, the DOJ, under the leadership of Attorney General-designate Merrick Garland, must investigate and prosecute the former President for violations of applicable federal laws...

As their first official bills in each chamber of Congress --- H.R.1 in the House and S.1 in the Senate --- Democrats are proposing a remarkably ambitious election, campaign and ethics reform measure which would go a long way towards enhancing our system of democracy. At least one important rewrite is needed, however, in order to close a loophole in its mandate regarding hand-marked paper ballots.

H.R.1 or the For The People Act of 2021, was introduced by Rep. John Sarbanes (D-MD) with hundreds of Democratic co-sponsors on January 4. It is supported by both Democratic House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer.

With the exception of partisan gerrymandering as applied to State legislative offices --- which is out of the hands of federal lawmakers --- the bill would, for all intents and purposes, outlaw a wide array of voter suppression, intimidation and deceptive practices that have, for decades, been used to undermine American democracy.

The massive bill, clocking in at nearly 800 pages, also includes Congressional ethics reforms and other important measures, but we focus here on the statute's provisions to help outlaw suppressive measures and improve election security, transparency and the verifiability of results.

As presently written, the measure appears to mandate the use of "voter verified permanent paper ballots" in all federal elections. That aspect, however, must be improved with minor, but very important revisions to mandate the availability of hand-marked paper ballots --- the only type that can be known to be "voter verifiable" --- for all voters at the polling place for both early and Election Day voting.

H.R.1 also includes provisions for either hand-counting of paper ballots or the use of optical scanning computers accompanied by Risk Limiting Audits. It includes mechanisms to fund those post-election activities.

The bill provides for minimum periods during which States must make early voting available in federal elections and promotes, streamlines and secures mail-in voting. It tightens ethical standards and also takes a stab at reducing the role of dark money in campaigns, while prohibiting the presence of foreign money and interference in our elections. This includes a mandate that TV, radio and online platforms "make reasonable efforts to ensure that [election-related] communications...are not purchased by a foreign national".

The real question isn't whether H.R.1, if appropriately amended, should become law. The question is whether a sufficient number of Senators are willing and able to do what is necessary to ensure it becomes law...

We keep trying to move on from Trump on The BradCast. But his crimes, his criminal supporters, the growing terrorist menace they pose, not to mention the billion dollar lawsuits that keep coming in against the suckers who fell for and/or promoted his phony, sore loser "stolen election" conspiracy theories, are not making any of it easy. This is gonna take a while.

First up today, in advance of Trump's second Impeachment Trial next week, the Democratic House Impeachment Managers today invited the disgraced former President to give testimony under oath. The man who has never turned down the chance to be the center of the attention, turned down the offer. His lawyers call the invite "a political stunt". But, of course, since Trump can't help but lie, it's probably very wise that he has decided to not get himself into even more legal trouble than he is already facing.

At the same time on Thursday, Smartmatic, a small voting machine company that Team Trump attorneys Sidney Powell and Rudy Giuliani falsely claimed to be interchangeable with their competitor Dominion Voting Systems, and somehow behind theft of the 2020 Presidential election, pushed back hard. The company which, in the U.S., does business in only one county (Los Angeles, where they received a contract to build it's new voting systems used for the first time last year), sued Fox "News", three of its hosts (Lou Dobbs, Maria Bartiromo and Jeanine Pirro) for $2.7 billion. The suit also names Giuliani and Powell as defendants. They were each, separately, similarly sued for $1.3 billion each by Dominion recently.

Smartmatic's voting systems played no role in any of the battleground states where Team Trump has baselessly claimed the election was stolen from him. Their 285-page lawsuit [PDF] filed today, however, like those filed to date by Dominion (more are likely to be coming soon) against Giuliani and Powell, charge defamation and ensuing loss of business, after Fox, its hosts and Trump's attorneys all repeatedly made false claims based on their re-imagined reporting by The BRAD BLOG. My 2010 investigative exclusive regarding Dominion and a company they purchased which was once owned by Smartmatic, was accurate. Team Trump and the MAGA Mob Media's bastardization of that reporting was used to spin their own phony, evidence-free story of a massive, worldwide election theft conspiracy --- as we explain yet again today.

Next, in the wake of the January 6 MAGA Mob assault at the U.S. Capitol --- the incitement for which is the basis of Trump's second impeachment --- almost two hundreds perps have been rounded up so far and charged in the deadly attack. Members of a number of far-right extremist and/or racist organizations like The Oath Keepers and Proud Boys have been arrested and indicted on conspiracy charges, and Dept. of Justice officials are said to be mulling the use of RICO statues to cast an even wider net with conspiracy laws initially enacted to help bring mafia kingpins to justice.

The violent insurrection in January, however, was completely predictable. In early December on this program, we were joined by a longtime researcher of terrorism, insurgency and political violence who warned that Trump was setting the stage for coming insurgencies not unlike like the one we all witnessed at the Capitol on January 6. He warned at the time that Trump was "encouraging his supporters to engage in insurgency-like tactics and behaviors," that there are "real-world consequences to this," and that those listening to Trump and his media organs like Fox "News" and even farther rightwing media outlets were "living in an alternate universe", and "going to act on it."

We're joined once again today by that expert, COLIN P. CLARKE, a Senior Research Fellow at The Soufan Center and author of a number of books on international terrorism, to discuss his recent New York Times op-ed warning that, while "the storming of the Capitol on Jan. 6 by a rabid mob of Donald Trump supporters resulted in a failed insurrection...for far-right extremists, including anti-government militias, white supremacists and violent conspiracy theorists, nothing about the insurrection was a failure."

"Not only was it not a failure, at least viewed on the part of the insurrectionists," he tells me today, "but it was entirely predictable. Everything Trump was doing, including his violent rhetoric, was laying the groundwork for this type of political violence."

"It was obvious to any extremism researcher that knows what they're talking about that this was the logical conclusion of where things were headed. The President was stoking the flames. His enablers in the GOP were providing that passive support necessary. And he unleashed a mob, essentially, against his own government," Clarke explains.

But the even more unsettling part is that Clarke, who has studied insurgencies across the globe going back decades, believes that attack has now set the stage for the recruitment of even farther Right extremists and for still more violent events in the near future.

We discuss how both law enforcement officials and lawmakers need to grapple with the emerging threats posed by "a new era" of domestic terrorism; if our current laws are adequate to safeguard against further attacks; and the justifiable concerns that Americans should have regarding the possibility that new measures enacted to combat domestic terrorism, along with those enacted after 9/11 to guard against foreign terrorism, might inappropriately be used against perceived political adversaries of those in power.

"We need to be on guard over the mistakes that we've made in the past. We need to be transparent about what the strategy is going forward....At the same time, some of the lessons we've learned from  the last twenty years fighting jihadists just don't pertain," Clarke says. "For the better part of the past two decades, we've been focused on fighting groups and organizations overseas. Now we're concerned with individuals and movements on US soil. Quite a bit of difference there. Americans have different rights under the law --- including First and Second Amendment --- than we would be talking about if we were analyzing an ISIS network operating in Syria. So there's a lot of care to take as we figure out what to do next."

On an encouraging note, however, he explains that he has "been heartened [by] seeing that the Biden Administration understands the sense of urgency. It's tapped some of the most capable people in this country to lead the charge." He says he expects their work to be "empirically driven" based "on the data", which is "something we didn't see under the last administration, when we had President Trump talking about 'I'm going to designate Antifa as a terrorist group.'"

Finally, for some (believe it not) brighter news, Desi Doyen joins us for our latest 'Green News Report', as Dems take control of the U.S. Senate and vow to act on climate; as automakers drop their attempt to challenge California's vehicle emissions standards; and as coal is predicted to be entirely out of the U.S. power grid in just a few short years...

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IN TODAY'S RADIO REPORT: President Biden moves to undo even more of Trump's attacks on the environment; Biden will use the power of the government purse to boost electric vehicles made in the U.S.; PLUS: Court strikes fatal blow to Trump's polluting power plant rule... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Earth Is Now Losing 1.2 Trillion Tons Of Ice Each Year; Climate Scientist Michael Mann: Deniers Are Shifting Tactics; Jair Bolsonaro Could Face Charges In The Hague Over Amazon Rainforest; Officials Hail 'Encouraging' Number Of N Atlantic Right Whale Births; Eminent Domain Lets Pipeline Developers Take Land From Black Owners... PLUS: Planting Crops — And Carbon, Too... and much, MUCH more! ...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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On today's BradCast, we won't be broken, even by more breaking news than we might have guessed. [Audio link to complete show is posted below.]

We knew we were starting with late breaking news today as California gave President-elect Joe Biden the requisite votes (270) needed to win the Electoral College just minutes before air time. But, because this is the Trump Era, that was quickly superseded by the breaking news just seconds before air time that Donald Trump's corrupt fixer and Attorney General Bill Barr is now out at the Dept. of Justice after recently conceding there was no massive fraud in the 2020 election that Trump decisively lost.

In other news covered on today's program on what developed into a surprisingly good news day by and large (at least by 2020 standards)...

• We begin with a fireside story for your holidays called "The President's New Suit". Spoiler alert: only his closest courtiers and sycophants (126 House members and, even more shamefully, 19 wingnut state Attorneys General) can see it. Even his stolen and packed U.S. Supreme Court saw nothing there on Friday and dismissed the last-ditch effort to disenfranchise millions of American voters in four swing-states that voted for Biden, as filed last week by the indicted Republican Texas Attorney General and Presidential Pardon Hustler Ken Paxton.

• As the nation crosses its latest undescribably grim milestone today of more than 300,000 deaths from COVID-19, Trump continued to spend his time over the weekend lying about about "fraud" in the election that he lost, rather than the lives needlessly lost under his failed pandemic management as the surging crisis continues to smash new records each day. But, on Monday, the first doses of the first approved vaccine for the disease began to be distributed and administered to health workers and elderly Americans in assisted living facilities. It will likely be Spring before much of the general public will have access.

• No matter his lies and failures, Team Trump's onerous attempts to disenfranchise hundreds of thousands of voters in Wisconsin --- but only in its two most diverse, most Dem-leaning, most African-American counties --- continued over the weekend. Two different legal efforts in the Badger State, one in federal court and one in state court, fared no better than his 60 or so previous attempts to steal the election from Biden. Of the two latest cases, the last ones that we know of in WI, neither of which included evidence of fraud, one was dismissed by a Trump-appointed judge in federal court on Saturday, and the other was tossed by a 4 to 3 vote of the rightwing Wisconsin state Supreme Court on Monday. A conservative Justice, once again, voted with the court's three liberals, and excoriated the Campaign's attempt to toss more than 200,000 lawfully cast votes in a strategy that one Justice said "smacks of racism". The ruling came just moments before Wisconsin cast its 10 Electoral College votes for Biden.

• Down in Georgia, where 16 Electoral College votes were cast for Biden today --- eventually giving him 306 votes, versus the 304 votes Trump ultimately received in 2016, when he called his victory over Hillary Clinton a "landslide" --- former Gubernatorial candidate Stacey Abrams cast her vote as a Democratic Elector and offered some comments on bringing the nation together under the new Democratic President-elect, which we share on today's show.

• Abrams optimistic remarks come in stark contrast, however, to the violence that erupted in D.C. over the weekend, as "Far Right Paramilitaries Allied With Outgoing President March Through City Vandalizing Black Churches". That would be the racist Proud Boys MAGA Mob which stole Black Lives Matter banners from historically black churches and burned them on Saturday, as dozens were arrested and several stabbed just hours after Trump's Marine One flyover of the latest Sore Loser Rally in the nation's capital. One upside to the racist, rightwing sore-loserism, as we share on today's program, the wingnut speaker who rallied the crowd to chants of "Destroy the GOP! Destroy the GOP!" before calling for the defeat of incumbent Republican Senators Kelly Loeffler and David Perdue in their January runoffs against Democrats Raphael Warnock and Jon Ossoff for partisan control of the U.S. Senate.

• And though we ran out of time for details, here's the story of the Michigan state capitol which had to be shut down today for security reasons during the casting of that state's 16 Electoral College votes for Biden, as a state GOP lawmaker appeared to threaten violence in Lansing this morning.

• Finally, in our remaining few minutes, we open up the phone lines to listeners, one of whom sees the continuing and futile Team Trump lawsuits as "treason", another who questions the safety of the COVID vaccine, and another who ends today's show with a rather appropriate song...

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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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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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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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