I have no idea what this week is going to bring. As noted on today's BradCast, nobody, save for (maybe) the Manhattan District Attorney does. And I suspect even he is largely flying blind about what happens once (and if) Trump is ultimately indicted in New York State. [Audio link to full show is posted below this summary.]

Before we get to discussion about that --- and callers on the same topic --- today is the 20th anniversary of the U.S. invasion of Iraq. As we said at the time, and have been saying for the 20 years since, we were lied into war under false premises by the George W. Bush/Dick Cheney regime. In the bargain, hundreds of thousands of Iraqis were killed and about 5,000 Americans. No weapons of mass destruction were ever found. More disturbingly, no one was ever held accountable for that pointless war and the lies that were told to get us there.

Back in 2003, 66% of Americans supported the invasion, in no small part because opposition voices in the U.S. were largely shut out of the mainstream media conversation. Now, 61% of Americans, according to new polling, think that war was a mistake.

And, because there was never any accountability for the war criminals, guys like Florida Gov. Ron DeSantis are considered to be front-runners to become the next Republican nominee for President of the United States. That, despite the fact that, as Washington Post detailed over the weekend, DeSantis played a key role in torturing detainees with forced-feeding at Guantanamo Bay while he served as a 27-year old Navy lawyer there.

Meanwhile, now playing the part of imperialistic invader and war criminal is Russia and its leader Vladimir Putin, who the International Criminal Court on Friday issued an arrest warrant for, accusing him of abductions of thousands of Ukrainian children since his unlawful invasion just over one year ago.

If you're wondering just how terrible Putin actually is, please do yourself a favor soon and watch last week's Academy Award winning Best Documentary, Navalny (currently available via HBO Max and Amazon Prime). As discussed today, it is jaw-dropping. For a whole bunch of reasons. And, don't worry, it's also uplifting and hilarious at times...even as we see, live and as it happens, the attempted assassination of Russia's incredibly likable opposition leader, Alexei Novalny, and the remarkable moment when he actually tricks one of his own would be assassins into confessing to his attempted murder. All caught live on camera!

Then, we get to the story that I have a feeling we'll be covering for some time on this program: the first criminal indictment of a U.S. President in our nation's history. It may finally happen this week in New York (emphasis on "may"), thanks to Manhattan D.A. Alvin Bragg. He is believed likely to bring charges against Donald Trump related to the hush-money payments the disgraced former President made to porn star Stormy Daniels to cover up a sexual affair. That payoff, carried out at his direction by his then-attorney Michael Cohen, helped Trump win the 2016 Presidential election. Cohen went to jail for it. Trump never did. At least not yet.

Trump is almost certainly not going to be "BE ARRESTED ON TUESDAY", as he claimed in a panicked, weekend, ALL-CAPS statement on his social media site. Tuesday is seen as the earliest time he could possibly be indicted by a Grand Jury in New York. But, even if so, he will not be "ARRESTED" by New York law enforcement officials in Florida, where he now lives.

If Trump finally is indicted on criminal state charges, whether it's this week or next, will he actually go back to New York to turn himself in? Seems unlikely. But, if not, then what? Would NY ask Ron DeSantis' Florida law enforcement to arrest and extradite Fugitive Trump from Mar-a-Lago? Also seems unlikely, even with DeSantis believed almost certain to run for the GOP's 2024 Presidential nomination against Trump. Will Trump's supporters actually "PROTEST, PROTEST, PROTEST!!!" as the cowardly ex-President is begging them?

And why are House Republicans, led by House Judiciary Chair Jim Jordan --- who pretends to support law and order --- now actually weaponizing the federal government to try and undermine Bragg's case?

In fact, nobody knows what is coming next. There is no playbook for what is about to happen --- whether it happens this week, or next, or even in a different state, like Georgia. But it does seem to be a good day to open our phones to listeners on the topic, to talk about it all and get their best guess about what where things go from here.

Tune in for all of that and much more on today's program!...

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Yes. We're obsessed of late with Joe Manchin on The BradCast. But that's only because the fate of the entire progressive Biden and Democratic Party agenda is now being blocked by him...which also means the fate of American Democracy and even life on Planet Earth depends on the seemingly inexplicable whims of one obstructionist Democratic Senator from West Virginia. Other than that, no biggie. Why obsess? [Audio link to full show is posted at end of summary.]

Before diving back headlong into that frustration today with someone whose endured it first-hand far longer than many of us, some slightly more encouraging news today, beginning with the rather huge breaking news that broke, literally, as we began today's show.

The Keystone XL Pipeline is dead. Kaput. Over. Done. Yeah, we know you've heard that before, but this time it's the pipeline's owner themselves, TC Energy (formerly TransCanada), conceding that their 13-year dream of a massive 1,200 mile pipeline to ship 830,000 barrels of dirty tar sands oil each day from Alberta, Canada to refineries in Texas for shipment overseas amid catastrophically dangerous global warming due to the burning of fossil fuels is now, officially, cancelled. That, after Joe Biden cancelled the permit granted to the company by Donald Trump. And while we've got some other good-ish news items today, that one will likely prove to be the most expansive and enduring. Finally.

As far as news we'd actually planned to cover today, President Biden will reportedly commit at the G7 in Britain this week to buying some 500 million doses of COVID vaccine to donate to nations who desperately need them, as infection and death rates plummet in the U.S. while soaring in much of the world. The announcement will come as a new, highly transmissible and more dangerous viral variant is overtaking much of the UK and beginning to gain a foothold in the U.S.

The Administration also, according to NBC News today, has begun efforts to permanently close the extra-judicial, extra-constitutional detention facility at Guantanamo Bay, Cuba in advance of the 20-year anniversary of the 9/11 terrorist attacks that led to then-President George W. Bush opening the shameful Gitmo chapter in the first place. While President Obama, upon taking office, had ordered the facility to be shut down in 2009, Congressional Democrats helped block that effort. Obama did, however, succeed in radically reducing Gitmo's prison population from about 250 to about 40 until Donald Trump stopped the U.S. relocation program. Biden's Administration reportedly hopes to close the facility permanently during his first term.

While Presidents can take certain Executive Actions regarding things like vaccines and Gitmo, acts of Congress are needed for the big stuff. Which bring us --- maddeningly enough --- back to Manchin today. On Wednesday, Senate Majority Leader Chuck Schumer's plan to bring up stuff for a vote this month that Manchin supports --- only to see all of it filibustered and blocked by Republicans --- got underway, with the GOP filibuster of the Paycheck Fairness Act on Tuesday. The measure, originally co-sponsored by Manchin and already passed by the House, is aimed at eliminating the appalling gender pay gap between women and men. Manchin announced he was "disappointed" by the floor vote that received support from ZERO Republicans, much less the ten votes that is currently required to overcome obstructionist GOP filibusters in the Senate.

But Manchin has long vowed to oppose the simple majority vote needed to eliminate or even reform the filibuster. He announced as much again last weekend when he also declared his opposition to the Democrats' For the People Act, a massive election and campaign reform bill that, among other things, mandates early voting and no-excuse absentee ballots in all 50 states, ends partisan gerrymandering, and curbs dark money in campaigns. 49 out of 50 Democratic Senators are co-sponsors. Every Republican and Joe Manchin oppose it (even though he co-sponsored the bill in 2019!) Manchin's reason for opposition is, apparently, because no Republicans support it (nor did they in 2019!), even as they are adopting voter suppression measures at the state level all over the country right now.

All of that, amid a massive rightwing effort by dark money groups led by the Koch Network to target Manchin to keep him opposed to both filibuster reform and the For the People Act, while a stunning 79% of West Virginians (including 76% of Republicans in the state!) support the Democrats' sweeping election reform package.

We've been trying of late to figure out Manchin's game and a way to move the country (and planet) forward through it. We've struck out so far. So today we turn to our old friend ROBYN KINCAID (formerly known as Bob Kincaid), a 9th generation West Virginian, host and creator of the progressive Head-On Radio Network, co-founder of the Appalachian Communities Health Emergency Campaign and President of the Coal River Mountain Watch.

As a longtime opponent of deadly mountain top removal coal mining, Kincaid has years of experience in dealing with Manchin beginning during his days as a state official, including as Governor. If anyone has insight and helpful advice on how to deal with Manchin, it's the always colorful Kincaid, who kicks things off by explaining what it is that the rest of the nation may not know, but needs to, in order to understand him, beginning with the contention that also includes Manchin's politico father, that "No Manchin has ever voted for a Democrat whose name wasn't Manchin."

"He is the Queen of the May right now," Kincaid tells me. "Everybody is paying attention to him. He is on the lips of every political observer in the country, and he is, I assure you, basking in it."

But why the intransigence when it comes to taking the action necessary to move litigation forward that he, himself (not to mention his own constituents, in big numbers), actually supports?

"He gets hold of an idea and he hangs onto it like a junkyard dog with a bone," explains Kincaid. "For years and years, when we would talk about mountaintop removal, he would answer by saying 'We have to have balance', for about ten years. Now the word is 'bipartisan.' I don't think he fully understands how 'bipartisan' works. Because if he wants bipartisanship, it's HIS job to lean in and use coercive power and say, 'Listen, y'all can come along, or I break the filibuster.' But I don't think he's as willing to play hardball with the Republicans as he is with somebody like Joe Biden and Democrats because he is more philosophically aligned with the Republicans."

Offering a very generous benefit of the doubt that some of Manchin's institutional concerns about doing away with the filibuster are sincere, Kincaid explains that "West Virginia relies profoundly on things like Medicaid and Medicare, and forms of federal government assistance for a workforce that has been beaten and bedraggled and tormented over the years. ... I think in the back of his mind, he can foresee a future where there's a Republican-controlled Senate with no filibuster where they they can do what they wish. He knows as well as anybody else what the Republican wish-list is in the modern Republican Party of Nitwit Nero [Trump]. That is a world without Social Security, a world without the Affordable Care Act, a world without Medicaid. And that means a West Virginia that is already as...as... [heavy sigh]...as beaten down as we are, that we'll be even more so, and left to perish."

Among the many other mysteries of Manchin on which Kincaid offers insight today:

• Is he captured by the rightwing Koch Network's dark money?
• Is there any hope in threatening to primary him (even though he's not up for reelection again until 2024)?
• Why would he oppose a measure (the For the People Act) THAT HE HAD CO-SPONSORED IN 2019(!) and that is so wildly popular in WV?
• What does he want and can he be bought off, given that Democrats are looking to spend hundreds of billions right now via Biden's American Jobs and Families Plans?

We also take a few minutes to discuss Kincaid's Appalachian Communities Health Emergency (ACHE) Act, "that has the power to stop mountaintop [coal] removal once and for all". The bill has been reintroduced as H.R. 2073 and Kincaid asks BradCast listeners to "please, pretty please, go to the phone, go to your keyboards, call, send an email to your members of the House of Representatives and say please co-sponsor H.R. 2073, the ACHE Act, because it means the world to West Virginia. It means the world to Appalachia. It literally means a future for us."

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On Wednesday night at the Republican National Convention, the GOP's candidate for the vacant seat in North Carolina's 11th Congressional District offered some strange remarks. Today, on The BradCast, his Democratic opponent joins us to offer his response. [Audio link to full show follows below.]

Retired U.S. Air Force Colonel MOE DAVIS has a distinguished, 25-year career in the military that includes a boatload of awards and honors. As Chief Military Prosecutor at Guantanamo Bay, he pushed back against the George W. Bush Administration, refusing to use evidence obtained through torture against accused terrorists. When forced to do so anyway, he resigned. Later, while serving as a national security expert for Congress, he penned an op-ed critical of Obama's use of prosecutions at Gitmo. He was fired.

Now he's running for Congress as a Democrat in a NC District where Donald Trump reportedly won by 57 points in 2016, for the vacant seat previously occupied by Trump's latest Chief of Staff, Mark Meadows. But there are new court-ordered Congressional maps this year in North Carolina, after the previous Districts were found to have been unlawfully gerrymandered by state Republicans. The old maps allowed Republicans to hold 10 of 13 U.S. House seats over the past decade in one of the most closely divided states in the nation. Davis (and other experts) contend that while his District may still lean Republican, it is now much less so.

Moreoever, Davis will be running in November against a dashing 25-year old Republican kid --- and apparent Nazi-enthusiast --- by the name of Madison Cawthorn. You may have seen him speak from his wheelchair during Wednesday night's RNC. Col Davis joins us today to respond to some of Cawthorn's somewhat bizarre remarks (in which he incorrectly claimed that James Madison signed the Declaration of Independence when he was 25 --- though Madison did not sign the Declaration at all) and other elements of Cawthorn's apparently made-up resume.

Davis notes that his opponent was recently thanked "for his service to the country" on television by a Fox "News" anchor who apparently associated his wheelchair with military service. In fact, he was paralyzed in a car accident during a Spring Break trip to Florida when he was 18. "He didn't correct her," says Davis. But facts and telling the truth are no longer required in the Republican Party. In fact, both are apparently frowned upon. So Cawthorn could be the party's next superstar! "He plays fast and loose with the truth," charges Davis. "And I guess if you're on the side that 'alternative facts' are acceptable, then he's got a whole bag full." But, Davis concedes, Cawthorn "always gives you a good show. He's a handsome young man, very charismatic and articulate," before adding: "There's a lot of sizzle there but not much beneath the surface."

He says Cawthorn had promised to finally offer proposals for things like climate change and health care during his RNC speech, but instead argued simply that "conservatives" must "win the argument on both health care and the environment." He didn't bother to offer any actual argument, however. That on a night that a monster hurricane was speeding toward the Texas/Louisiana border --- the second one in a week --- while huge wildfires burned out west, after 3 nights of the RNC in which not one speaker seems to have uttered the words "climate change" even once.

"Mr. Cawthorn's plan for addressing health care is that we need more insurance companies," says Davis, who describes that as "laughable...If you're out of work, having more insurance companies isn't going to help you. That's his fresh new plan for the Republican Party.

For his part, Davis explains his own positions on several of these issues and others affecting some of the more rural (Republican-leaning) parts of his District. After the recent court-ordered redistricting in the swingiest of swing-states, the 11th District is now believed to be more Democratic, as it includes much more of Asheville. Davis notes that many describe the progressive city as "the Berkeley of the Blue Ridge....A big blue dot in the middle of a sea of red." He offers confidence that he'll be able to flip this previously "deep red" district to "blue" this year. He also shares his thoughts, as a law enforcement official himself, on calls from the Left for police reform amid continuing protests against systemic racism and a rightwing vigilante who murdered two peaceful protesters in Kenosha, WI on Tuesday night. And we discuss what he thinks about Donald Trump's pretend opposition to the Iraq War and threats to fill up Guantanamo Bay again, after it was nearly emptied during the Obama Administration.

Also on today's show: Desi Doyen joins us for details on the devastating damage wrought overnight by the monster Hurricane Laura in Louisiana and the bizarre, dangerous Night 3 of the RNC where Vice President Mike Pence gave his Presidential-sounding keynote address. He warned that violence in the streets under the Trump Administration is actually what we can expect, ironically enough, from "Joe Biden's America" --- to a maskless crowd filled with vulnerable elderly war veterans. Hopefully the event does not turn out to have been a COVID-19 super-spreader event, or Pence's closing promise to "Make America Great Again...Again" may never come to pass...again.

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On today's BradCast, I'm sitting in for Brad again on a very, very busy news day. Strap in!

Top of the hour we swing right into a conversation about Gina Haspel's Senate Intelligence Committee Hearing. Her best qualification to head the CIA might be her complete refusal to share any real information with anyone - including something as simple as whether she's met alone with Donald Trump. Marcy Wheeler of Emptywheel is back on the BradCast, with her impressions from watching the hearing, and a lot of questions that didn't get asked - at least, in the short window between the first question and the doors closing for private interrogation.

We're running out of people who haven't given money to Michael Cohen. Add to previous lists AT&T, Novartis, and one of Vladimir Putin's close (and apparently quite dangerous) buddies. AT&T says it paid not for access, but to "learn how Trump's mind works" (note the "how" - "whether" didn't come up, apparently). Legal scholar Jed Shugerman, who blogs at Shugerblog, puts these new revelations into the long Russia/Trump timeline and says - while that elusive smoking gun isn't flashing on the horizon yet - collusion charges seem a little bit closer.

Digital strategist Beth Becker reads the tea leaves from this week's elections, to see what we can glean for the next go-round. She has a dismaying but all too likely prediction: some very good, highly qualified liberal candidate will have to go down in flames before the center-to-Left Americans will finally see the value in unifying. In other words, the Bernie Bros and Crooked Hillary contingents need to stand down and deal. She has a great albeit tentative prediction for Hillary, though. Beth conducts digital strategy bootcamps around the country. You can check out the next dates here.

Finally, something a bit bigger picture: whither ethics in the morass of politicians for sale, corporate lies, candidate lies, voter interference - where do we learn honesty? How? Who gets it and who doesn't? The show wraps up with excerpts from discussion all about honesty in America, featuring Stanford's Deborah Rhode. You can hear the whole one hour panel at website for my show, In Deep with Angie Coiro.

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On today's BradCast, we try to make sense (wish us luck!) of Donald Trump's first, anything-but-normal State of the Union Address on Tuesday night. [Audio link to show follows below.]

After some quick news headlines --- (on another top Trump official resigning in shame, another senior Republican Congressman announcing he won't run for reelection, a Democratic Senator avoiding a second corruption trial, and a literal GOP train-wreck) --- we dive into our special coverage of what used to be a solemn and largely serious U.S. tradition.

We're joined today for commentary, fact-checking and other post-SOTU analysis by DAVE JOHNSON, longtime blogger, creator of "Seeing the Forest", and former Senior Fellow at Campaign for America's Future, and TARA DEVLIN, comedian, creator of RDTDaily.com and host of the weekly, TaraBuster podcast.

Desi Doyen joins us as well, of course, to help break down and fact-check Trump's misleading claims and outright SOTU lies on the economy, tax cuts, healthcare, immigration, drug prices, dangerous "national security" plans, his deceptive infrastructure proposal, his racist dog-whistles and shameless attempts at fear-mongering the American people during Tuesday night's joint session of Congress.

We also review just some of the things that Trump didn't mention in his speech for some reason (America's deadly gun epidemic and climate change, among others), whether Democrats will be able to counter the coming tsunami of GOP propaganda in advance of the 2018 midterms, and how Rep. Joe Kennedy, III performed in his Democratic Response to Trump's address.

"It's another flim-flam plan from the greatest con-man who ever lived," explains Devlin about at least one of the items mentioned above. "That's going to be one of those things that in a few months Trump is going to deny he said. It ain't gonna happen. The opposite is going to happen," says Johnson about another one of those items. Take your pick. But tune in for our special coverage on a very lively show amid very dark times!...

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Trump may be leaving the country for a couple of weeks, but the sordid lies and demonstrable fraud he leaves behind still need truth and facts to take their place.

Among the many stories covered, lies called out, and frauds revealed on today's BradCast [Audio link to show is posted below.]...

• After the terror attack in NYC this past week, Donald Trump called the U.S. justice system a "joke" and a "laughing stock" (and he also suggested sending the perp to prison in Guantanamo Bay, where the system of "justice" really is a joke and a laughing stock.) But just hours later, the White House Press Secretary said he never said any of that, even though he very much did;
• At the same time, he failed to mention that a white guy opened fire in another mass shooting at a Walmart this week, killing three Latinos, and terrifying customers, some of whom pulled out guns of their own and, according to police, made it much more difficult to identify the perp (who the President has not called for sending to Gitmo);
• Puerto Rico is still in desperate need, according to a new United Nations report this week which slams FEMA for failing to respond as quickly and thoroughly as they did after hurricanes in Florida and Texas this year, and yet, a U.S. House Committee overseeing FEMA once again canceled a planned oversight hearing this week --- though only after the Mayor of San Juan flew all the way to Washington D.C. to testify before the panel;
• Taking a signal from the President of the United States, hate crimes are still very much on the rise this year, including anti-Semitic incidents, which are up 67% compared to last year, according to a new study, especially following this year's White Supremacist rally and murder in Charlottesville;
• Kris Kobach's so-called Presidential "Election Integrity" Commission has gone missing --- or so it seems to its few Democratic commissioners, to Democrats in the U.S. Senate charged with oversight of the panel, and to GOP "voter fraud" fraudster Kobach's own hometown paper, which now calls for the fraudulent Commission to be disbanded entirely;
• And, speaking of frauds, the Republicans unveiled their long-awaited tax cut scheme this week, but the highly-touted $1,182 tax cut promised to the average middle-class American family of four, will actually turn into a $500 tax increase for that same family, as the GOP scheme is currently devised. That, even as wealthy individuals and huge corporations will see their taxes slashed permanently. And who will pay the price for those massive tax cuts that will result in trillions of dollars in GOP deficits? Senators Elizabeth Warren and Bernie Sanders have some thoughts in answer to that question today;
• And, finally today, the White House signed off on Friday on the Congressionally mandated National Climate Assessment, which finds, among other things, that there is "no convincing alternative explanation" for global warming other than that human beings are causing it. So Donald Trump no longer believes climate change is a hoax created by the Chinese after all? I guess he can ask them when he gets there...

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On today's BradCast: More evidence, if you needed any, that President Donald Trump doesn't really know much about anything...at all...at least when it comes to public policy and all the stuff that Presidents are actually supposed to understand. [Audio link to show follows below.]

First up, following Tuesday's truck terror attack in lower Manhattan, which resulted in 8 dead and 11 seriously injured, Trump went quickly to Twitter to call for immediate policy changes on immigration, "to step up our already Extreme Vetting Program". The NYPD says the driver of the truck, a 29-year old man from Uzbekistan, who legally immigrated here in 2010, carried out the attack "in the name of ISIS". That may help explain why Trump called for swift action --- including changes to our Constitutional system of justice --- as contrasted with so many other terror attacks of late carried out against Muslims or by white perpetrators. He has simply ignored many of those entirely, or otherwise failed to call for any changes to policy or legislation that might help prevent or deter such attacks.

Speaking of which, its been barely one month since a wealthy white man shot nearly 600 Americans in Las Vegas in a matter of minutes, killing 58 of them. Trump did not describe the killer in that incident as an "animal", as he did today in reference to the alleged perpetrator of Tuesday's attack in lower Manhattan, nor did he call for swift policy action --- or any policy changes at all, for that matter --- even after what was the worst mass shooting in modern U.S. history.

Despite an early bi-partisan Congressional response to the Vegas Massacre, calling for legislation to ban so-called "bump stock" devices that turn semi-automatic weapons into full automatic weapons, as used by the Las Vegas shooter, that legislation has stalled (died?). But --- good news for the terror-enabling NRA! --- the company which sells the inexpensive deadly devices has announced they are once again available for purchase!

Then, lost amid another very busy week of breaking news, is the ruling by a federal court judge blocking (for now) Trump's Twitter-announced policy banning transgender people from the U.S. military. In her 76-page opinion, Judge Colleen Kollar-Kotelly found the Trump Administration directives to the Pentagon to overturn President Obama's removal of the military trans ban, "do not appear to be supported by any facts".

Author and Constitutional law expert IAN MILLHISER of ThinkProgress joins us to explain the ruling, how Trump's order contrasts with the carefully considered and well-studied directive from Obama, why Millhiser sees this case --- like Trump's attempts to ban Muslims from certain countries from entering the country --- as evidence that the President is a "lazy, incompetent and bumbling goon" who does not understand the law or how public policy actually works, and whether the U.S. District Court's ruling will be upheld by the stolen Republican majority on the U.S. Supreme Court.

"What the judge said in this case, which is really quite interesting," Millhiser explains, was that "when Obama lifted the trans ban, there were studies, there were surveys, there was a lot of consultation with experts, there was a vigorous investigative process, and the determination was that it was in the best interests of America's national security to allow trans people to serve openly. Trump didn't do any of that. He just got out his phone and tweeted. In fact, all of the current government inquiries into this question are the Obama-era ones. So Trump did this in contravention of what his own military was telling him was the right thing to do."

Finally, Trump's recent ridiculous comments about the stock market and the federal debt --- and his absurd tweets today about the Affordable Care Act mandate and tax cuts --- further underscore the President's virtually complete lack of knowledge about how government or laws actually work. All of this on the first day of Open Enrollment for the Affordable Care Act ("ObamaCare") at HealthCare.gov. As you know by now, the Administration has attempted to sabotage the popular Obama-era law and has failed to publicize its Open Enrollment period for 2018 --- which has been cut from three months to just six weeks --- and, apparently, left to President Obama to actually inform the American people about!...

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On today's BradCast, yes, like yesterday, more huge breaking news mid-show. [Audio link follows below.]

But before we get to that, today, controversial, extremist and, perhaps, insane Milwaukee Sheriff David C. Clarke claimed today that he has been appointed to a position in Donald Trump's Dept. of Homeland Security. If true, his appointment would be disturbing. Not only given the number of people who have died in his jail cells, but also because he has, literally, called for about a million people in the U.S. to be rounded up and shipped off to Gitmo, indefinitely, without attorney or trial. Really.

Then, the fallout from yesterday's huge mid-show breaking news concerning the report that, in February, Donald Trump asked then FBI Director James Comey to end the Bureau's investigation of Trump's former National Security Adviser Michael Flynn. Republicans, both last night and today on Capitol Hill, are having trouble grappling with and/or responding to the news, though at least one GOP Senator, John McCain, compared what's now going on to Watergate. And committees in both the House and Senate have now asked to see the Comey memos said to document his private meetings with Trump.

And, along with all of that, the phrase "Obstruction of Justice" is being heard more and more regarding Trump's apparent efforts to shut down the FBI's probe into his campaign associates alleged coordination with Russia during the 2016 Presidential election. So, we are joined today by former Asst. U.S. Attorney, now Professor Randall D. Eliason of George Washington University Law School to discuss what "Obstruction of Justice" actually means, in both the criminal sense (as it might apply in an indictment) and in the political sense (as it might apply in Articles of Impeachment) Eliason recently discussed both applications in a lengthy article at his Sidebars Blog.

"The important thing," he tells me today, "is to distinguish between Obstruction of Justice in the broader sense --- the way the term gets thrown around a lot --- and the more narrow criminal sense of an actual criminal violation that fits the Obstruction of Justice statutes. That's a much higher standard to prove beyond a reasonable doubt, all of the elements of an actual crime, as opposed to a more general claim that the President is kind of violating all these norms and rules and traditions that we have about not interfering with ongoing investigation, appearing to pressure the FBI Director, things like that."

The key issue, Eliason explains, is whether there was "corrupt intent" in the many different incidents that now appear as Trump's obstruction. "It's not enough if the President does something that just has the effect of hurting the investigation, as a kind of side effect. The prosecutor would have to show that was what he set out to do --- he had the wrongful and deliberate intent to try to thwart, in [the Flynn] case, the ongoing grand jury investigation."

As to the use of Obstruction of Justice as used in Articles of Impeachment against a President, there is a different standard, which Eliason also explains. We discuss the cases (and defenses) being built for both types of obstruction, whether a sitting President can actually be indicted on criminal charges, and also the meaning of another phrase being bandied about of late: "abuse of power".

In the course of the conversation we also discuss the likelihood of impeachment and the potential application of the 25th Amendment remedy as a way to remove Trump from power and the need for a Special Counsel to be named by the Dept. of Justice.

No sooner do we complete that conversation, than the huge news breaks late today that, indeed, former FBI Director Robert Mueller has been named by Deputy AG Rod Rosenstein as Special Counsel to take over the the FBI's probe into "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump"...

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On today's BradCast, resignation and evidence of corruption continue to dog the wildly unpopular incoming Trump Administration just days before his Inauguration; And is Comcast/NBCUniversal doing the bidding of the Mormon Church in Utah? [Audio link to show follows below.]

As we barrel towards what is certain to be an incredibly bizarre (to say the least) Inauguration Day for the historically unpopular Donald Trump, the Obama Administration has reportedly transferred out another 10 Gitmo detainees to Oman. In the meantime, a senior Trump White House appointee (and former Fox "News" contributor) has already resigned after revelations of massive plagiarism, as new questions about financial improprieties continue to mount for a number of Trump cabinet nominees and for the Trump Campaign itself.

Then, we are joined by former GOP Presidential candidate and gay rights activist Fred Karger, to discuss his latest campaign against the Mormon Church, which he believes should lose their tax exempt status revoked by the IRS due to participation in a number of anti-gay political campaigns and other corruption. Karger is charging that Comcast/NBCUniversal has blocked the airing of his new TV ad for MormonTips.com, after the media behemoth had previously agreed to run the 30 second spots in the state of Utah.

"I know how the Mormon Church operates," Karger explains, describing his claim that the Church is behind Comcast nixing the spots. "They are all powerful, particularly in the state of Utah. It's a virtual theocracy. They exercise a tremendous amount of power."

"They don't like me," he notes. "I'm the guy that discovered their vast involvement in California's Prop 8 in 2008 to take away gay marriage. I got them investigated and prosecuted by [California's] ethics office because they only admitted to spending $2,078 on the campaign. Turns out it was hundreds of thousands of dollars they ended up reporting. Much more likely millions. So I've learned they are very dishonest, and they've have done things very secretively." He argues that they've used their muscle to convince Comcast (which, he says, "controls something like 90% of the [cable television] market in Utah") to kill the ads. "So they're using censorship to quash our free speech and I'm going to be fighting back against them."

Finally today: Is the Trump Administration planning to shut down the White House Press Room after taking office? Esquire reported over the weekend that the matter is under serious consideration and, in response, Trump's top officials are not denying it...though they do appear to be lying about their reasons for it...

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Today on The BradCast, it's back to fighting about Gitmo, fighting about SCOTUS and celebrating a delightful birthday.

Seven years after his initial attempt to close the Guantanamo Bay detention center, President Obama presented yet another plan to Congress in hopes of doing so on Tuesday. Investigative journalist and notorious "FOIA terrorist" (we explain on the show) Jason Leopold of VICE.com joins us to explain the new plan, its shortcomings and the political pushback against it from both Democrats and Republicans.

Leopold, who has covered the U.S. detention center there for years, and is just back from another visit, tells me how the law ties Obama's hands in one regard, even as it requires him to present a plan to close the controversial prison.

"When [Obama] signed the National Defense Authorization Act into law in December, there was language in the NDAA that said that no Defense Department funds can be used by the Administration to transfer any detainees to the United States. It cannot be used to construct any new facilities or upgrade any facilities even at Guantanamo." But, he adds, even though Congress tied his hands, they told him: "'Even though you're not allowed to do any of these things, we'd still like to see what your plan looks like.' That's essentially what Congress was saying. Democracy at work."

Leopold joins both lawmakers and human rights advocates in his critique of the new plan, even while acknowledging the legal morass, political football and, as Obama mentioned when releasing the plan, the "stain" that the entire issue has become for the U.S.

Also today: As I predicted just after Scalia's death almost two weeks ago, some Rightwingers are now pushing for Scalia's votes on cases he'd already heard to be counted, even though he is now dead and, as is sometimes the case, Justices change their opinions before they are finally handed down. The White House floats a terrible idea for a U.S. Supreme Court nomination. And the NYTimes editorial board, years after it should have, describes Republican U.S. Senate leaders as "twisted" for their "deranged" attempt to block any nominee by Obama to the high court.

Finally: Desi Doyen joins us on her birthday with the latest Green News Report (and requests you stop by here with a gift!) and we tease the "progressive radio legend" currently booked to join guest host Nicole Sandler on tomorrow's BradCast for GOP Debate coverage!

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First up on today's BradCast, Republicans vow to continue their unprecedented obstructionism of Obama's Constitutional duty to nominate and appoint a U.S. Supreme Court Justice, as well as the President's new plan, sent to Congress today, to close the Guantanamo Bay 'terrorist' detention facility.

We discuss whether the GOP's unpopular hard line on blocking any SCOTUS nominee by Obama can hold, have a laugh at the cowards and hypocrites who are frightened of closing Gitmo, and examine how much Congressional Democrats are also to blame for the entire matter.

Then, we're joined by Vox.com's Brad Plumer (because there can never be enough Brads on The BradCast!) to discuss the enormous consequences of Justice Antonin Scalia's death on the planet and Obama's landmark Clean Power Plan --- the first ever greenhouse gas emissions standards for power plants in the U.S.

As a number of scientists recently noted, the policy decisions made today will have grave implications for 10,000 years and the survival of human civilization. That, however, hasn't stopped a number of fossil fuel companies and a whole bunch of Republican-run states from attempting to block Obama's new environmental standard. Nor did it keep Scalia from voting with a narrow Rightwing 5 to 4 majority on the Supreme Court to take the unprecedented step of staying Obama's EPA rule before the case had even been heard in the lower D.C. Circuit Court.

As Plumer explains, Scalia's death may end up being very good news indeed for the future of the planet. Nonetheless, questions persist about how so-called "red states" may now respond, as well as how the world will react if the U.S. is unable to keep up its part of the UN's landmark Paris Agreement to cut emissions worldwide.

"That is a huge question," Plumer tells me. "It would be very difficult for us to meet our goals without this rule, so the question is how do other countries react? Do China and India decide, 'Okay, the U.S. has had bit of a setback, but we want to keep pushing on ahead toward clean energy because we think it's beneficial"? Or do they decide that they throw up their hands and say, 'Well, if the US isn't going to do what it promised to do, we sure as hell don't need to do what we promised to do'?"

The former Washington Post energy reporter also offers insight as to whether it'll be "fatal" to U.S. attempts to curb emissions if the CPP is struck down; whether Rush Limbaugh was right when he recently declared that the CPP's goal of curbing emissions by some 30% below 2005 levels before 2030 is "not possible without going back to the Stone Age"; and whether, even if the CPP is allowed to move forward, the new emissions stndards will be enough to prevent the quickly growing effects of global warming.

Finally, Desi Doyen joins us for the latest Green News Report with news on fracking earthquakes in Oklahoma, Sanders' and Clinton's dueling vows to cut fossil fuel drilling, some accountability for the Freedom Industries CEO responsible for poisoning the drinking water of 300,000 in West Virginia in 2014, and the largest cyclone ever recorded in the Southern Hemisphere which slammed into Fiji over the weekend...

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I'm joined today on The BradCast by VICE News' investigative journalist Jason Leopold to discuss the exclusive documents he obtained concerning the drugging of detainees during interrogations after 9/11. Also, Leopold, who has spent quite a bit of time lately as a reporter at Guantanamo Bay, discusses why President Obama may suddenly be in a hurry to keep his promise to shut down the controversial facility.

Also, after defending Jeb Bush on his Iraq comments on yesterday's show, I'm forced to offer a retraction today in light of Jeb's second attempt to answer the same question. It is clear that he's at least as dumb as his brother, and certainly too dumb to be President of these United States.

Finally, millions of dollars in campaign contributions are flowing to elected officials from fossil fuel interests in exchange for billions in tax-payer funded subsides, reports The Guardian --- Plus, the story of the Iowa farmer who claims an oil executive offered him a 'teenage prostitute' in exchange for giving up his land to a new Bakken Shale oil pipeline...

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On this week's BradCast on KPFK/Pacifica Radio we spoke first with Jim Naureckas of Fairness and Accuracy in Reporting (FAIR) about whether the MSM --- despite recent hand-wringing over failures in the run-up to Iraq 10 years ago --- repeated the same behavior in the run-up to the almost-war in Syria.

Next, I was joined by Phil Plait of Slate's "Bad Astronomy" blog to discuss two related-ish things. First, as Plait is based on Boulder, CO, we got an update on the unprecedented "biblical" flooding there, the reasons for it, and the potential dangers to washed out fracking and drilling operations in the area. Second, we discussed the horrible climate change denialist "reporting" over the last couple of weeks that has been cranked up to 11 by Murdoch and his fossil fuel-friendly propagandists in advance of the UN's upcoming Intergovernmental Panel on Climate Change (IPCC) report --- the first since 2007 --- due out next week.

Finally, in whatever time we had left, a few updates on our hoped-for VETO of CA's terrible new voting system bill, SB 360; some good news in journalist Jason Leopold's lawsuit to unseal Guantanamo security documents; the latest Green News Report with Desi Doyen, and a bit more. Enjoy!

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I was watching a segment last night on Rachel Maddow's show with Desi Doyen, concerning the recent warnings issued to Americans and the evacuations at dozens of U.S. embassies and consulates in the Middle East and Northern Africa. The actions were taken due, we are told, to "chatter" detected by intelligence services of the possibility of attacks by al-Qaeda (and/or "associated forces") to American interests in the region.

Maddow framed the actions being taken by the U.S. government in the context of the infamous August 6, 2001 Presidential Daily Briefing memo --- "Bin Laden Determined to Strike in US" --- ignored by George W. Bush just one month before the 9/11 attacks. Yesterday was the 12th anniversary of that memo.

In her conversation with NBC foreign affairs correspondent Andrea Mitchell, Maddow discussed the memory of that infamously ignored warning, and what effect it may have on the way the U.S. government now reacts to such detected threats. "In a post-9/11 world", the argument goes, President Obama and all future Presidents are likely to be very conscious of not underestimating such memos and "chatter," in the event that an attack does come about, for which they could later be held accountable for having ignored the "clear signs." (Not that George W. Bush or his administration was ever held accountable for such things, but that's a different matter.)

While watching the conversation about the dozens of closed diplomatic posts, I said to Desi, "I bet they're wildly over-reacting. It's not about post-9/11. It's about post-Benghazi."

In either an abundance or over-abundance of caution, U.S. embassies and consulates are being warned and shuttered and Americans are being air-lifted out of countries. It's not the memory of 9/11, at this point, that the government seems to be reacting to. It's as much the Republican reaction and/or over-reaction and/or political bludgeon made of the deaths of four U.S. personnel at our diplomatic outpost in Libya last year that seems to be leading to this reaction and/or over-reaction by the government.

Indeed, moments after I had uttered that thought to Desi, Mitchell said to Maddow: "I think, Rachel, that this is not just post-9/11, this is post-Benghazi."

The way our government now reacts to such events is not necessarily based on common sense, it seems to be as much based on fear. Not necessarily fear of being attacked, but fear of missing some important warning or another and then being held politically accountable for it later.

Since so much of this is kept secret --- except for stuff classified as "secret" and "top secret" that is routinely leaked by government officials who, unlike whistleblowers, are almost never held accountable for such leaks of classified information --- we are largely left to simply "trust" that the government is accurately portraying the threat, whether they are or not, and whether they are simply over-reacting out of caution and/or political ass-covering.

All of this, then, adds an interesting light to a curious story reported this week by Al-Jazeera English's Jason Leopold (formerly of Truthout) highlighting the government's seemingly bizarre claims that they have concerns that al-Qaeda may "attack the detention facilities at Guantanamo" or otherwise, somehow, "undermine security at the facility" if too much is known about what goes on there.

But that's not the most interesting aspect of the story...

Here's our own Desi Doyen (of The BRAD BLOG's Green News Report) on this week's The Point, The Young Turks' panel show, along with Dave Rubin, Kelly Carlin & Anna Kasparian, talking about rapper Yasiin Bey (formerly Mos Def) getting force-fed in solidarity with the Gitmo prisoners who have been on hunger strike protesting their captivity for months...

The force-feeding being carried out on the Gitmo prisoners is a human rights abuse decried as torture by organizations such as the Red Cross, the United Nations and the World Medical Association.

It's all the more outrageous considering that more than 80 of the prisoners currently on hunger strike --- and being force fed through a tube in their nose for months --- have been cleared for release years ago by the U.S. government.

Yet, they still sit today, for years on end, as prisoners, never to face charges and with little hope of being released any time in the near future. That, despite President Obama's claims that he wants to close Gitmo and, most importantly, the fact that he has the power and ability to send all of the cleared prisoners home tomorrow, with little more than a stroke of his pen.

And, by the way, the very popular Rightwing Republican hypocrite and idiot Glenn Beck is so clueless that he either doesn't know the above, or simply doesn't care. Instead of calling for these people to be treated humanely or have their rights and freedom (which he pretends to care about) restored, last week he made fun of them and expressed his preference that the U.S. government should just "shoot them in the head".

Remember that, please, the next time the con-man Beck attempts to hoodwink you or anybody else into believing that he gives a tinker's damn about "Big Government" tyranny, freedom, individual rights or anything other than disinforming America in order to line his own pockets with the hard-earned cash of his gullible, easily-conned fellow citizens.