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Latest Featured Reports | Friday, January 17, 2020
On Bernie's 'Electability': 'BradCast' 1/17/20
Guest: Historian, author Richard Hayes Phillips; Also: Security experts worried about L.A.'s new, uncertified, unverifiable vote system...
A Statistical Response to the Charge That Bernie Sanders is 'Unelectable'
Analysis of 2016 primary election numbers in three key states, finds Richard Hayes Phillips, appears to counter the allegation...
Parnas Sings, Senate Trial Begins, L.A. Facing Suit Over New Vote System Flaw: 'BradCast' 1/16/20
D.C. bombshells; Huge fail in L.A.'s $300M vote system, County Clerk finally responds...
'Green News Report' 1/16/20
  w/ Brad & Desi
GNR SPECIAL COVERAGE: Climate change pervades the final Democratic presidential primary debate before 2020 voting begins...
Previous GNRs: 1/14/20 - 1/9/20 - Archives...
Courts Step in to Protect 'Inactive' Voters in WI, NY: 'BradCast' 1/14/20
Also: Fall out from yesterday's exclusive news on major security failures discovered in Los Angeles' new voting system, and much more...
'Green News Report' 1/14/20
2020 race loses climate justice warrior; Billion dollar disasters on the rise; 2019 second hottest year ever; PLUS: 150 arrested with Jane Fonda at climate protest...
L.A.'s New Touchscreen Vote System Fails State Testing: 'BradCast' 1/13/20
CA Sec. of State could approve for 2020 anyway, despite security failures. Public comment period ends soon! Hand-marked ballots needed in nation's largest jurisdiction!
Sunday 'Close Call' Toons
We're all living on the edge in PDiddie's latest collection of the week's best political toons...
One Thing Voters Can Do to Ensure Trump is Dumped This Year: 'BradCast' 1/10/20
Guest: Public Policy Polling's Jim Williams; Also: GOP Photo ID restriction blocked in NC; DoJ's probe of Hillary Clinton and Clinton Foundation quietly finds...nothing...
Hate to Say 'We Told Ya So', But...:
'BradCast' 1/9/20
Admin has no evidence of 'imminent threat'; Ukrainian plane downed by Iran missile; Study confirms new computer BMD vote systems should not be used in 2020...
'Green News Report' 1/9/20
Trump guts another landmark enviro law; EPA, FEMA not disaster ready; Coal plant shutdowns saved 26K American lives; PLUS: Murdoch, troll disinfo on Aussie fires...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

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

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

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

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

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

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

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

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

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

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

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

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

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

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


Guests: Heather Digby Parton of Salon; 'Driftglass' of 'Pro Left Podcast'...
By Brad Friedman on 1/15/2020 5:27pm PT  

On today's BradCast: Once again, our plans for Special Coverage of the latest Democratic Presidential Debate is somewhat truncated today to make room for our Special Coverage of impeachment and the new, wildly disturbing evidence released on Tuesday night to go with it. [Audio link to show follows summary below.]

We're joined today by guests HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo and fellow longtime progressive blogger "DRIFTGLASS" (otherwise known as @Mr_Electrico on Twitter, or "Bill" to a few friends), co-host of the Professional Left Podcast, which celebrates its 10th anniversary this week.

We start with coverage of House Speaker Nancy Pelosi's decision to finally transmit the two Articles of Impeachment against Donald John Trump, as approved by the House last year, over to the Senate for just the third Presidential impeachment trial in U.S. history. With the articles, on Wednesday, she also announced the selection of seven House members who will serve as prosecutors (known as House Managers) for the trial. They include House Intelligence Committee Chair Adam Schiff, House Judiciary Committee Chair Jerrold Nadler, and Reps. Hakeem Jeffries of NY, Sylvia Garcia of TX, Val Demings of FL, Jason Crow of CO and Zoe Lofgren of CA.

Moreover, we discuss the troubling new documentary evidence released late on Tuesday by the House Judiciary Committee from the phone of Lev Parnas, an associate of Trump's personal lawyer Rudy Giuliani. That material, among other things, reveals a bizarre and creepy 2019 text message thread between Parnas and Republican Connecticut Congressional candidate and Trump superfan, Robert H. Hyde, detailing what appears to be Hyde's surveillance of movements of then U.S. Ambassador to Ukraine Marie Yovanovitch.

The texts suggest the now-ousted Yovanovitch, who was eventually recalled for her own safety on the next available flight out of the country, may have been targeted, given the content of the conversation, including remarks such as "They are willing to help if we/you would like a price." Ambassador Yovanovitch, an anti-corruption warrior, was described by Trump in his phone conversation with Ukraine's President as "bad news", claiming "she's going to go through some things."

As if all of that is not enough for one show, we then move on to coverage and analysis of Tuesday night's debate in Des Moines, Iowa, the final Democratic Presidential debate before voting begins in earnest for the 2020 nominating cycle with the Iowa Caucuses on February 3rd. Digby and Driftglass offer insight on all of the candidates who qualified for the debate --- Joe Biden, Bernie Sanders, Elizabeth Warren, Pete Buttigieg, Amy Klobuchar and Tom Steyer --- and a number of topics discussed on Tuesday night, including the bubbling feud between Sanders and Warren, the many and shifting Democratic positions on the Military/Industrial Complex and our forever wars in the Middle East.

We also discuss the failures of the debate moderators from CNN and the Des Moines Register, the problem with culling down the field to just 6 candidates before a single vote has even been cast, and whether Tuesday's debate has shifted the fortunes of any of the front-runners before voting finally gets under way next month....

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

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Guest: NC Sen. Erica D. Smith; Also: Dems call for former Repub Amash to be named a House Manager, and other late impeachment updates...
By Brad Friedman on 12/16/2019 6:45pm PT  

On today's BradCast: I've seen a lot of scams pulled off by the nation's largest (and, arguably, most failed) private voting system vendor over my more than decade and a half of covering Election Integrity in the U.S. But what ES&S is now trying to pull off in North Carolina may take the cake. It has also outraged a State Senator who is running for U.S. Senate in 2020 who joins us on today's show to discuss it. [Audio link to show follows below.]

First up today, however, a quick Impeachment update. Freshman Democrats --- both progressives and Blue Dogs --- have begun a campaign to have former Tea Party Republican-turned-independent Rep. Justin Amash serve as one of the House impeachment managers in the (most likely) upcoming impeachment trial in the U.S. Senate of Donald J. Trump. It's an excellent idea....which is why we originally suggested same as far back as May of this year.

Meanwhile, very late on Sunday night --- actually, very early Monday morning --- the House Judiciary Committee submitted its 169-page impeachment report [PDF] to the House Rules Committee, charging that Trump committed "multiple federal crimes" including bribery and wire fraud. The Rules Committee will pass that report on to the House Floor where a vote on two Articles of Impeachment on Abuse of Power and Obstruction of Congress is set to occur as soon as Wednesday. If all goes as generally planned, the Articles will be conveyed to the U.S. Senate for a trial to remove the President after the first of the year.

Over the weekend, Democrats, including House Judiciary Chair Jerrold Nadler and Senate Minority Leader Chuck Schumer, pushed back against Senate Majority Leader Mitch McConnell's recent admission on Fox "News" that he is coordinating "everything I do...with White House counsel" regarding impeachment. Nadler described McConnell's statements --- since Senators serve as supposedly impartial jurors in Senate impeachment trials --- as a "subversion of Constitutional order", noting that the Constitution requires Senators take an oath to do impartial justice before serving as jurors in such trials.

For his part, Schumer over the weekend sent a letter to McConnell requesting subpoenas for four Trump officials, including Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton, to serve as fact witnesses during the trial. If Republicans will not allow witnesses in the trial, some have called for Dems to hold off the trial until the courts determine whether subpoenaed witnesses must testify to Congress, or until after next year's election, should Trump be reelected.

But speaking of the possibility of Trump's reelection, we have been covering in detail the insane deployment of 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in jurisdictions around the country in advance of 2020. Most notably, battleground states Georgia and Pennsylvania tried them out for the first time in last month's off-year election and the systems failed miserably, even during sparsely attended municipal elections, with some voters being forced to wait for an hour to cast their ballot. In Northampton County, PA machines the new ES&S ExpressVoteXL systems recorded zero votes for a candidate who, as it turned out, actually received tens of thousands. Last week ES&S issued an apology for the disaster, taking at least some responsibility for having misprogrammed and/or misconfigured the systems that were used for the first time last month in Northampton and Philadelphia.

At the same time last week, it was revealed in an excellent investigative exposé by Jordan Wilkie at Carolina Public Press, that ES&S, who is submitted one version of their ExpressVote BMD systems for state testing and certification in North Carolina in early 2017, only recently notified the state that they don't have enough of those machines to supply the needs of the state next year. Coming after a two year testing process which ended with certification in August, ES&S is now seeking "Administrative Approval" to skip the state certification and testing process on an updated version of the system. That, even as they had told many other states long ago, according to Wilkie, that the system being tested in NC would not be available for 2020.

Incredibly enough, last Friday, the NC State Board of Elections voted to allow the "Administrative Approval" sought by the company of the new system which many are describing as a "bait and switch" by ES&S. More incredibly, it was passed by the SBE on a 3 to 2 vote, with the Democratic-appointed Board Chair joining with the Board's two Republican members to greenlight the new, untested systems, now set for use in Mecklenburg County next year. Mecklenburg is the closely divided swing-state's largest and most Democratic-leaning county.

We're joined today by STATE SEN. ERICA D. SMITH who has been outspoken and outraged by ES&S's latest scam, along with the SBE's willingness to go along with it. She tells me that the "Administrative Approval" is in violation of state law that she helped pass, and that she intends to take action to try and reverse last week's vote by the Board.

"Unfortunately, they [the Board of Elections] once again supported a machine that has not been tried and tested," she says today. "We passed a law that de-certified all of the older voting machines and required re-certification of the new models. So, in my opinion, they have broken the law or circumvented the law, and have further created disintegration of the public trust in our free and fair and secure elections in North Carolina." Smith calls for hand-marked paper ballot systems to be used instead, and describes falling for ES&S' bait-and-switch scheme and subsequent use of BMDs at this point as "unfathomable".

Smith, a three-term Senator and an engineer by training, also explains that verifiable and more secure hand-marked paper ballot systems are far more inexpensive than the system ES&S is pushing and that both the state Board and Mecklenburg County appear to be falling for. "We should not be substituting convenience for election security," she warns. ES&S "waited until the absolute last opportunity to tell us in North Carolina that they were not going to be able to meet the demand. But they knew that at the time when they accepted the bid." Smith rails. "Once again, it shows that ES&S is indeed a bad actor in this. They have compromised the integrity of this process and we should not let them get away with it."

Smith, a progressive Democrat, is also running for the U.S. Senate nomination in NC next year, vowing to forego all corporate PAC donations and hoping to take on Republican U.S. Senator Thom Tillis in November. She currently leads her closest competitor, Cal Cunningham, for the nomination by 5 points, according to polling last month, and bested Tillis in a head-to-head match-up by 7 points, according to a poll taken earlier this year. And yet, both state and national Democrats have endorsed her opponent, Cunningham. We discuss ALL of these various outrages during a very lively interview with Smith on today's BradCast!...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Prof. Philip B. Stark, inventor of post-election Risk-Limiting Audits on his resignation from e-vote 'watchdog' VerifiedVoting.org; Also: A tale of two KY Governors and one corrupt U.S. Senator...
By Brad Friedman on 12/13/2019 6:40pm PT  

On today's BradCast, we continue down the long and often-too-winding road toward democracy and justice. [Audio link to show is posted below.]

After some 14 hours of debate on Thursday, the U.S. House Judiciary Committee made history on Friday morning by voting along party lines to approve two Articles of Impeachment --- for Abuse of Power and Obstruction of Congress --- against Donald John Trump. It is only the fourth time in America's 243-year history for such a "solemn and sad" event. But Republican Senate Majority Leader Mitch McConnell couldn't even wait for this morning's vote before declaring out-loud on Fox "News" Thursday night that he intends to rig the U.S. Senate's impeachment trial. The Kentucky Senator (who is up for re-election next year) and leader of the Senators who will serve as jurors in the impeachment trial to consider removal of the President early next year --- presuming the full House votes to adopt the Articles next week --- boasted that he has been colluding with the accused in order to assure the Senate trial will be anything but fair.

Speaking of Kentucky and the importance of uncorrupted democracy, on his way out the door, now thankfully-former Republican Tea Party Governor Matt Bevin, who narrowly lost reelection last month in the otherwise "red" state to Democrat Andy Beshear, pardoned and/or gave commutations to 428 convicted criminals. Among those granted clemency are a convicted child rapist, a man who hired a hit man to kill his business partner, and a third who killed his parents. Perhaps most appalling, however, was the pardon for a home-invasion murderer in the second year of his 19-year sentence, after the man's family threw a fund-raiser for Bevin's campaign just last year. (His two accomplices, whose families did not donate to the Governor, remain in jail.)

By way of contrast, the new Democratic Governor, on his second day in office this week, restored voting rights and the right to run for public office to some 140,000 non-violent former felons, leaving Iowa as the only state in the union which still bans all former felons from voting for life. Yes, voting and elections still matter.

But the right to vote and have that vote counted accurately, in a way that we can know it has been counted accurately, continues to be an ongoing fight for Election Integrity advocates across the country as we are weeks away from the start of voting in the 2020 Presidential race. On Friday, several such groups filed a lawsuit in Pennsylvania to block the use of brand new, 100% unverifiable touchscreen Computer Ballot Marking devices made by ES&S, and set for use in the key battleground state next year, after the systems failed to correctly record tens of thousands of votes during last month's municipal elections. The suit seeks to block the new touchscreen systems from use and to require hand-marked paper ballots instead in at least 17 percent of the state, including Philadelphia. Failure in that much of the state next year would be more than enough to throw the results of the 2020 Presidential election one way or another in the critical swing-state.

After those new systems failed so catastrophically during their first use last month (as new, similarly unverifiable touchscreen systems did in Georgia on the same day), long-time, previously well-respected e-voting watchdog group VerifiedVoting.org seemed to help both elections officials and private vendors off the hook by endorsing so-called Risk-Limiting Audits of some of the computer-marked paper ballot summaries produced by the systems in both states.

That appears to have been the last straw for Verified Voting's Board of Directors member Prof. PHILIP B. STARK of UC-Berkeley. Stark, a math and statistics professor, as well as a Board of Advisors member on the US. Election Assistance Commission (EAC) is the inventor of the post-election Risk-Limiting Audit (RLA) protocol. He has been trying, in recent months, to make clear to elections officials and vendors that RLA's of computer-marked (versus hand-marked) paper ballots are "meaningless" [PDF], because its impossible to verify that they reflect voter intent. With Verified Voting jumping in to publicly praise GA and PA's use of such tests to proclaim that reported results accurately reflected voter intent, Stark submitted a blistering resignation letter [PDF] to the group.

The missive, which he shared with me on the night he recently sent it, decries VV's "whitewashing [of] inherently untrustworthy elections by overclaiming what applying RLA procedures to an untrustworthy paper trail can accomplish." He accused the non-profit, non-partisan organization of "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes." His resignation letter charged that the result of VV's action was "security theater, not election integrity."

Stark joins us on today's program to discuss the response to his resignation from leadership at Verified Voting and the other well-respected, world-class cybersecurity and voting systems experts who serve on its Board (many of whom have appeared as guests on The BradCast and sources for BradBlog.com over the years). "Verified Voting retracted a tweet that had claimed that Risk-Limiting Audits, or audits to be conducted in Pennsylvania, would confirm outcomes when they suffered from the same flaw that the audits in Georgia did," he says. "I think in general, the board and I are sorry to part ways. I would gladly go back, if they revised their public position with regard to what audits of an untrustworthy paper trail can possibly accomplish."

[Update: No sooner did we get off air tonight, than the resignation of yet another, very well-respected VV Board Member, Prof. Rich DeMillo of Georgia Tech and former Chief Technology Officer at Hewlett-Packard, became public as well. DeMillo's most recent appearance on The BradCast is here. His resignation letter and a story about it is now posted here.]

Stark also explains --- as I've been very skeptical of the efficacy of post-election audits for many years, for reasons described on the program --- how RLAs work and/or don't. He tells me what type of voting systems he believes to be best for the secure and overseeable casting and counting of votes in American elections (hint: no computers necessary), and much more, including a conversation about just some of the many dangers of computer Ballot Marking Devices (BMD) proliferating the country for 2020, and the ability for voters to cause chaos with them by reporting --- either accurately or not --- that the systems have misprinted their votes on Election Day.

"They're completely vulnerable to crying wolf. Even if an election official trusts public complaints that their votes were altered or contests were missing, then their only recourse is to run a new election, and that opens the possibility for people colluding to cry wolf and have an election invalidated. In the other direction, the incentives are stacked in favor of election officials saying, 'well, it was probably just voter error, we're going to let it stand.'" That, argues Stark, is exactly what we saw last month in Northampton, PA, when elections officials and ES&S claimed that "just by re-tabulating the paper that was printed by technology that malfunctioned big time, they can figure out who really won. It's farce."

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest Hosted by Nicole Sandler with a day of Dem whiplash on impeachment and a new trade deal; Also author Ramesh Srinivasan…
By Nicole Sandler on 12/10/2019 4:10pm PT  

It’s NICOLE SANDLER, guest hosting the BradCast again today.

December 10, 2019 is the day that the Democratic-led House of Representatives introduced two Articles of Impeachment for Donald Trump on Abuse of Power and Obstruction of Congress. They're linked there for you to read for yourself, or just click the play button and listen to the show, as I read them for you.

The Democrats played a game of whiplash today as, an hour after introducing the Articles of Impeachment, Pelosi led a press conference to announce that they’ve reached a deal with the Trump administration to pass the NAFTA replacement known as the USMCA. From impeaching the President to giving him one of the biggest legislative victories of his term. Go figure.

We also cover the disconnect between the DOJ’s Inspector General’s report released yesterday and Attorney General Bill Barr’s gaslighting the nation over what it says. And lots more…

We changed the subject for today's interview with RAMESH SRINIVASAN, author of a new book, Beyond the Valley: How Innovators around the World Are Overcoming Inequality and Creating the Technologies of Tomorrow, which is basically an in-depth look into the internet and how it’s fundamentally changed our lives during its short existence.

We finish up with a new episode of Desi and Brad's Green News Report.

Whew. I can’t wait to see what tomorrow brings. On second thought…

Download MP3 or listen online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!




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

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

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

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

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

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

Download MP3 or listen online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!




Special coverage of the first official House Judiciary hearing on Trump's impeachable offenses, with guest Heather Digby Parton...
By Brad Friedman on 12/4/2019 5:27pm PT  

As we try to tell you damned near everyday here on The BradCast, everything is ultimately about elections. All of it. Today's impeachment hearings, I'm happy to say, drove that point home yet again, particularly regarding concerns from our nation's founders about the corrupting nature of foreign influence on U.S. elections. [Audio link to show follows below.]

The House Judiciary Committee held its first official impeachment hearing on Wednesday, regarding the Ukraine scandal and, yes, obstruction of justice in the Robert Mueller Special Counsel's probe. Four academics testified on both the history and meaning intended by the founders of the phrase "high crimes and misdemeanors" in the U.S. Constitution's impeachment clause, and on what at least three of the four scholars smartly described as clearly impeachable offenses committed by President Donald J. Trump.

"President Trump has committed impeachable high crimes and misdemeanors by corruptly abusing the office of the presidency," said Noah Feldman of Harvard Law School. We share some extended excerpts from his opening statement as well as his fellow esteemed Constitutional law professors Pamela Karlan of Stanford Law School and Michael Gerhardt of the University of North Carolina School of Law. All three testified that the record is now clear that Trump committed impeachable offenses in his strong-arm bribery campaign to force Ukraine to announce an investigation against his potential 2020 rival Joe Biden in exchange for nearly $400 million in military assistance allocated by Congress but frozen by the White House in what Trump's own EU Ambassador described in a previous hearing as a "quid pro quo" scheme.

Today's hearing was surprising enlightening with the unusually lively and passionate academics answering sharp questions from both Democratic and Republican counsel and members of the Committee, as chaired by Rep. Jerrold Nadler (D-NY). Not all of those who testified, however, agreed that Trump should be impeached --- at least not yet. George Washington University School of Law professor Jonathan Turley --- the Republicans' witness, who testified in support of impeachment against Bill Clinton in 1998 because "he ha[d] deprived himself of the perceived legitimacy to govern" --- argued the record was still too "wafer thin" to move forward with Articles of Impeachment against Trump.

We discuss that point and many others, including the Democrats' reasons --- some good, some not --- for moving quickly on impeachment before voting begins in the 2020 primaries less than two months from today, with our ace Impeachment Hearing Correspondent HEATHER DIGBY PARTON of Salon and Hullabaloo. Democrats appeared to be homing in on at least three, and maybe four, Articles of Impeachment, as both Digby and I read today's hearing, including Abuse of Power, Bribery, Obstruction of Congress (in the Ukraine affair), and Obstruction of Justice (in the Mueller investigation). But there was far more from today's eight hours of hearings and our coverage of it than I can possibly summarize here, so I'll just strongly suggest you tune in.

Also covered on today's program (as both stories also concern the importance of elections to the very heart of our republic): Georgia's illegitimate Republican Governor Brian Kemp names a new, wholly inexperienced "Ivanka Trump"-like U.S. Senator for the Peach State, and NATO world leaders are caught on video tape laughing (and laughing) at, not with, the President of the United States. Happy travels back from the NATO Summit, Mr. Trump!...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Constitutional law, impeachment expert John Bonifaz; Also: Kamala is out; Another no good, very bad day in court for Team Trump...
By Brad Friedman on 12/3/2019 6:09pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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




Guest: Rep. Hank Johnson (D-GA) 'hopes' newest SCOTUS Justice was 'completely forthright with U.S. Senate during confirmation', says House Judiciary 'proceeding in the nature of an Impeachment Inquiry' on Trump; Also: Prez uses visits to Dayton, El Paso to attack Dems...
By Brad Friedman on 8/7/2019 6:35pm PT  

Hey! Remember Brett Kavanaugh? The Donald Trump SCOTUS appointee who demonstrably lied during his sworn U.S. Senate Confirmation hearings last year before Republicans voted to ram him through to a lifetime appointment on the highest court in the land, anyway? Yeah, we do too. Thankfully, so does our guest on today's BradCast who, as a member of Congress, can actually maybe --- just maybe --- do something to finally bring some accountability there. And, according to a letter signed by him and House Judiciary Committee Chair Rep. Jerry Nadler (D-NY) on Tuesday, there is now evidence that they intend to try and do just that! [Audio link to full show is posted below.]

But, first up today, NBC News nailed it in a headline we saw only after getting off air today: "Trump turns day of grieving for shooting victims into day of grievances". That about sums it up. On Monday, in a scripted teleprompter speech, the President responded to the two weekend gun massacres that took the lives of at least 31 in El Paso, Texas and Dayton, Ohio by asking Americans "to set destructive partisanship aside...and find the courage to answer hatred with unity, devotion and love". But, just over 24 hours later, he began to unleash various attacks on Democrats Beto O'Rourke, Ohio Sen. Sherrod Brown, Dayton Mayor Nan Whaley, former Vice President Joe Biden, and even managed to tie Senators Bernie Sanders and Elizabeth Warren somehow to the shooter in Dayton. All of that before, during and after what were supposed to be Presidential visits to the two recovering cities, intended to console them and help ease their pain after the twin tragedies.

On Tuesday night, Trump first broke his call for setting aside partisanship with a misfired Twitter snipe at El Paso native Beto O'Rourke's name, in which he told the former Texas Congressman to "be quiet!" after O'Rourke accurately tied the El Paso shooter's white supremacist diatribe to Trump's identical references to an "invasion" at our southern border. But on Wednesday morning, before leaving for his trips to the two grieving cities, he told reports at the White House that he felt his "rhetoric brings people together" and he "would like to stay out of the political fray." That vow didn't even last until he arrived in El Paso, with his new Twitter attacks emanating even while he was on Air Force One.

But in news today that is much less insane, we are joined by REP. HANK JOHNSON (D-GA), a member of the U.S. House Judiciary Committee and Chair of its Subcommittee on Courts, Intellectual Property and the Internet. That subcommittee oversees the federal court system, including the U.S. Supreme Court. On Tuesday, Johnson and Nadler sent a letter to the National Archives and Records Administration requesting records from Justice Kavanaugh's tenure in the White House during the George W. Bush Administration, when he first served in the White House Counsel's office from 2001 to 2003 and then as White House Staff Secretary from 2003 to 2006.

The request includes thousands of documents either never reviewed or never requested by then-U.S. Senate Judiciary Committee Chair Chuck Grassley (R-IA) during Kavanaugh's SCOTUS confirmation process last year. While Grassley requested no documents at all from Kavanaugh's tenure as Staff Secretary --- during which many decisions were discussed and made in the run-up to Iraq War and about the torture and detention of suspect terrorists and prisoners of war --- thousands of documents from Kavanaugh's time in the White House Counsel's office were withheld from the Senate Judiciary panel last year after they were privately reviewed by Kavanaugh's own personal attorney.

Johnson explains why Democrats are now seeking all of those records, what they hope to find, and what they may do with the information they unearth from them on the Committee which has jurisdiction to launch impeachment proceedings for all federal judges, including Supreme Court Justices.

Of course, it remains to be seen whether the Trump Administration will attempt to block the records request, which asserts the rights of the Committee to review the documents under the Presidential Records Act of 1975. If they are blocked, Johnson tells me, they are prepared to take additional measures to obtain the records. The Georgia Congressman also responds in detail to a number of my questions including whether he supports an expansion of the U.S. Supreme Court in order to unpack the Republican's currently stolen majority; why he is not currently among the majority of House Dems publicly calling to open an official Impeachment Inquiry in his Judiciary Committee; and what he thinks of his home state of Georgia's current plan to move from one 100% unverifiable touchscreen voting systems to an all new, if equally unverifiable touchscreen voting system --- rather than a cheaper, verifiable hand-marked paper ballot system --- before next year's crucial 2020 Presidential election in a state that many believe may finally be ready to flip "blue" after years of GOP dominance in the state.

On what he hopes to find in Kavanaugh's records from the George W. Bush years: "I hope to discover that Justice Kavanaugh has been completely forthright and honest with the U.S. Senate during his confirmation process. Moreover, I hope to find that the conduct of Justice Kavanaugh, during his time as Secretary with the Office of Counsel for the President, at all times conducted himself in a way that would be in keeping with that of someone who now serves on the U.S. Supreme court with a lifetime tenure. And, of course, that is only subject to the House's ability to impeach, should there be a need for it. The American people deserve to know who we have on the US Supreme Court, what his background is, and if he was honest with the Senate in his confirmation proceedings."

On expanding the stolen SCOTUS: "It's no question that the courts have been stacked with judges with a particular political bent...They are holding the future back, and it's hurting America. So we, as the legislative branch, with the power to expand the Supreme Court --- nothing in the Constitution says that it will be a Court of nine Justices --- so we have to look at whether or not its in the efficiency of our process that we need to expand the Court. We really don't need to politicize the courts. But unfortunately the courts have been politicized. So the question is, what do we do? And how will the Supreme Court react to the fact that the legislative branch is open to looking at alternatives to the current way that it does business?"

On why Johnson is not currently among the majority of Dems in the House publicly calling for an official Impeachment Inquiry: He stands by his current position (despite my generous offer to allow him to make news by changing it on today's BradCast), while explaining, "We are proceeding in the nature of an impeachment inquiry at this time, and we're doing so without calling it an impeachment inquiry so as not to put the 31 red-to-blue winners in 2018, new Democrats, not to put them in jeopardy of not being able to come back and keep us in the majority in 2020. ... At some point we may accumulate the record that we can then pass the impeachment resolutions on and then proceed to the evidence --- not just the Mueller Report, but the evidence... take that over to the US Senate and have a trial. " After I press him a bit on his current position, he concedes: "I tell you what --- if you call me back in about two or three months, maybe I will have changed on impeachment."

And, finally, on Georgia's Republican Governor and Sec. of State defying cybersecurity experts to move from one unverifiable touchscreen voting system to another: "I think the way to go is to have hand-marked paper ballots that are then scanned into a counting machine and counted. And then you have the paper ballots that you can test the results of the tally machine against, and that way, you can have a verifiable vote. ... But we cannot do it on this new system that the Georgia legislature has authorized. I think it is a $125 or $150 million dollar expenditure that will be for a system that we can't even rely on. I think it's bad for the taxpayers, it's bad for the voters, it's bad for democracy, and it's a bad move for Georgia."

He offers much more on all of the above, so I hope you'll tune in to listen to today's BradCast...

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

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Also: Cybersecurity firm was able to take over GA's 'entire' voter registration network; Lots of bad news for Trump and GOP in Congress...
By Brad Friedman on 8/2/2019 6:24pm PT  

Lots of bad news on today's BradCast for Trump and the Republican's in Congress as they head home for their long summer recess. And several astonishing followups to major voting-related stories we broke earlier in the week out of North Carolina and Georgia. [Audio link to full show is posted below.]

First up, several big stories out of Congress today, none of them good for the President or Republicans...

  • The GOP's only black U.S. House member, Rep. Will Hurd of Texas, says he won't run again in 2020. The stunning announcement Thursday night represents a huge pickup opportunity for Dems in a state slowing turning "blue", and just the latest in a quickly growing string of GOPers calling it quits in the House;
  • On Friday, Donald Trump abruptly pulled his 5-day old nomination of TX Rep. John Ratcliffe to become the nation's next spy chief. Ratcliffe, after attacking former Special Counsel Robert Mueller during hearings in the House last week, was tapped by the President to replace Director of National Intelligence Dan Coats, who publicly contradicted Trump on Russian interference in U.S. elections, Iran compliance with the landmark nuclear pact that Trump violated and pulled out of, and on the national security threat of climate change, among other things. Ratcliffe, however, was revealed to have had no previous intelligence experience, as required by statute for the DNI role overseeing the nation's 17 intelligence agencies, and was found to have lied about past claims to have prosecuted terrorists;
  • And, in more bad news for Trump on Friday, a majority of House Democrats have now publicly called for an official impeachment inquiry of the President. CA Rep. Salud Carbajal became the 118th out of 235 House Dems to publicly call for an inquiry to begin. With the majority of her caucus now supporting impeachment proceedings, it remains to be seen if House Speaker Nancy Pelosi will finally modify her current position to allow Dems only to "legislate, investigate and litigate". House Judiciary Chair Jerry Nadler recently filed a court motion seeking grand jury information from the Mueller investigation which, for the first time, referenced a need for the documents due to Congressional consideration of impeachment proceedings.

Then, several (occasionally amazing) follow-ups to stories we broke earlier in the week regarding the citizen-led fights for publicly overseeable elections and hand-marked paper ballots in two key swing states.

First, on Tuesday's program we detailed what appeared to be a "win", if a short-lived one, by election integrity advocates in North Carolina, after they'd convinced the state Board of Elections, in a 3 to 2 vote, to adopt a resolution effectively blocking the certification of a 100% unverifiable computer touchscreen Ballot Marking Device made by ES&S, the nation's largest (and sleaziest) private voting vendor. That vote, if finalized next month, would likely result in hand-marked paper ballots across the entire state in next year's crucial Presidential election. The powerful ES&S is currently the only voting system vendor certified to do business in the closely divided battle ground state.

But, in reporting that story on Tuesday, we also broke the news that one of the three "yes" votes on the resolution blocking ES&S, Republican David Black, had changed his mind, leading to a new meeting --- and a revote on the resolution --- called for Thursday. Black's reversal would mean a 3 to 2 vote in FAVOR of ES&S' new, 100% unverifiable touchscreen systems for counties currently serving some 2.5 million voters whose current, older 100% unverifiable touchscreen voting systems are set to be certified, by state law, at year's end.

But, a funny thing happened before the Thursday revote, after the state Board's Chairman, Democrat Robert Cordle --- who had voted against the resolution on Monday --- told a wildly inappropriate joke to open a state conference of some 600 election officials. He was subsequently forced to resign by the Governor, resulting in Thursday's re-vote becoming a 2 to 2 deadlock, leaving the initial vote, which could lead to hand-marked paper ballots for all NC voters, in place.

There will be yet another vote --- the formal vote on the resolution --- on August 23rd, when whoever Democratic Gov. Roy Cooper names as the new Chair to the beleaguered 5-person Board, will be able to cast the decisive vote to determine if the key swing state will have verifiable elections in 2020 or not. And, yes, we share the "dirty joke" in question, about a woman and a cow, on today's program;

Then, we also have a follow-up to a story we broke on Monday's BradCast, regarding the federal lawsuit seeking to ban Georgia's 100% unverifiable touchscreen voting systems in favor of hand-marked paper ballots before the 2020 Presidential election. On Monday, plaintiff Marilyn Marks of the Coalition for Good Governance, joined us on the show to describe a revelation from a court hearing latest last week in which a witness from Georgia's Sec. of State's office revealed that all voting machines across the state in 2018 were programmed, without oversight, by three independent contractors working for ES&S out of their garages, using unsecured home WiFi.

Last night, the UK's Guardian picked up the story about the state's fully-outsourced elections, confirming our reporting from earlier in the week and adding a number of additional disturbing details. Among those new details: Georgia's entire voter registration system was similarly outsourced to a private company which even contractually disallowed the Sec. of State's office from having access to the network. More alarmingly, however, as the Guardian's Jordan Wilkie reports, during security penetration tests, a third-party (fourth-party?) cybersecurity company contracted by the state, found that it was able to "take over the entire network". Moreover, in November of 2018, a year later, in a second round of testing just before last year's midterms, many of the vulnerabilities discovered during the initial test remained unresolved.

Until last week's hearing, when much of this information was revealed on the stand for the first time during questioning of the Sec. of State's chief information officer, the state had completely misled the federal court about all of the above and more.

Finally today, some very grim news out of the Arctic, where Greenland, over the past week, has gone through an extraordinary melt event, with record high temperatures --- 10 to 30 degrees above the normal average --- resulting in the loss of some 10 billion tons of ice over the past day or two, with nearly 200 billion tons of water pouring into the Atlantic Ocean during the month of July. How's that for a cheery way to end the week? You're welcome!

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

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Guest: Heather Digby Parton on the former Special Counsel's testimony and what's next; Also: Everyone giving everyone else the finger...
By Brad Friedman on 7/25/2019 5:10pm PT  

Both Democrats and Republicans alike --- on Capitol Hill and in the media --- are trying to make sense of Wednesday's landmark testimony by former Special Counsel Robert Mueller and where things go from here. We do a bit of the same ourselves on today's BradCast. Though I hope we are a great deal more honest about it than Donald Trump and Fox "News", and less confusing than Fox' Ainsley Earhardt who announced this morning that Mueller's testimony "didn't change anything", before going on to tell viewers that "it changed everything". [Audio link to show our full program is posted below.]

For full coverage and extended excerpts from Mueller's nearly seven hours of hearings before the U.S. House Judiciary and Intelligence Committees, see yesterday's special coverage show. For analysis and the fallout since the Republican former FBI Director confirmed the multiple and repeated felonious and impeachable crimes by the President of the United States detailed in his 448-page report [PDF], we're joined by the great HEATHER DIGBY PARTON of Salon and Hullabaloo today. As usual, we attempt to cut through the media drama and partisan positioning to get to the actual facts and important content that matters.

Among the issues discussed with Parton....

  • The fact that only Republicans are ever allowed to be Special Counsel/Prosecutors, no matter whether the President being investigated is a Democrat or a Republican;
  • Content of note from Wednesday's hearings that was both damning to Donald Trump and at risk of being lost amid frequently lousy corporate media coverage (and, wholly dishonest coverage from rightwing outlets);
  • The proper context for making "sense" of some of the conspiracies offered on Wednesday by Republicans, even as Trump's AG/fixer Bill Barr and other GOPers may have done harm lately to the prospects of their own conspiracy-based argument about the origins of what would eventually become the Mueller investigation;
  • How House Speaker Nancy Pelosi is still dropping the ball on impeachment in Congress, at least for now, and setting the country up for even more Presidential corruption in both the near and distant future in the bargain;
  • And, where all of this madness may and/or should go next.

"It seems obvious to me that we have a criminal in the White House. And an abuser, a corrupt leader, and a barbarian and an ignoramus," Parton explains, cutting to the chase. "He's an unfit President and he should be impeached. To me, this is obvious."

But, she goes on, in struggling to make sense of why impeachment proceedings have not already been triggered, "One of the reasons that the dial is not being moved is the way that the press is covering this. There was a lot of criticism, during and after the testimony, about the fact that they covered it like a sporting event. 'He didn't put on the best show', etc. etc. The theater criticism. This is a big problem because this is a complicated story. People are seeing it as a game, as this is a strategy, instead of what it really is --- which is a fundamental threat to our democracy.

"If Donald Trump gets away with this, if he gets off scot-free --- re-elected or not --- if he gets away with doing these things while in office, it has changed everything. The President is no longer accountable. If Donald Trump cannot be impeached, then nobody can be impeached. Impeachment no longer exists as a stop on a President like this. And that's very scary," warns Parton.

Also on today's BradCast: "Unprecedented" heat and wildfires in the Arctic; Ohio's "socialist" Republicans give the planet and Ohio residents the finger by going all in on Big Government bailouts of coal and nuclear power companies; U.S. automakers give Trump the finger by working out a secret deal with California to lower vehicle emissions; The Trump Administration gives humanity the finger by deciding to "Make America Kill Americans Again"; A federal judge in California gives the finger to the Administration's new, unlawful southern border asylum ban; And Kim Jong Un gives his friend Donald the finger by firing off a few ballistic missiles to celebrate Mueller's testimony.

And, finally, we're joined by Desi Doyen for the latest Green News Report on some of the above, and much much more...

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

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In nearly seven hours of long-awaited, halting responses from the former Special Counsel, the need for impeachment became clearer than ever...
By Brad Friedman on 7/24/2019 5:39pm PT  

As documented by today's BradCast special coverage, former FBI Director Robert Mueller finally offered his long-awaited testimony in the U.S. House during nearly 7 hours of hearings before both the Judiciary and Intelligence Committees. [Audio link to show is posted below.]

The Republican former Special Counsel confirmed key details of his two-volume, 448-page report [PDF] on Russia's alleged interference in the 2016 election, the Trump Campaign's coordination with that effort and, in most detail, multiple instances of both indictable and impeachable criminal corruption of justice laid out by the report. In frequently halting and often terse responses to members of the two House panels, Mueller, as promised, refused to stray from the "four corners" of his report, issued earlier this year following his two-year probe.

Nonetheless, as heard on today's program, his responses made clear that both Donald Trump and Attorney General Bill Barr --- not to mention the bulk of the Republican Party and their rightwing media outlets --- have been completely misleading the American public with their claims that Mueller's report somehow "exonerated" the President. It did anything but.

"Did you actually totally exonerate the President?" Judiciary Chair Jerrold Nadler asked during his opening round of questions. "No," Mueller flatly replied, later adding that "the President was not exculpated for the acts that he alleged committed." When Rep. Adam Schiff, the Democratic Chair of the Intel Committee, asked, "Your investigation is not a witch hunt, is it?," Mueller dryly responded: "It is not a witch hunt."

In fact, as Mueller's testimony made clear to those who watched --- especially to those who didn't bother to read his actual report --- any other American who committed the crimes detailed in the Special Counsel's report would have been indicted on multiple felony counts, as more than 1,000 former federal prosecutors have now stated. But for the Dept. of Justice Office of Legal Counsel's (unsupportable) opinion that a sitting President cannot be indicted, Trump would most likely have been charged long ago for his repeated, unlawful attempts to quash the Special Counsel's investigation.

Moreover, near the close of today's long hearings, Mueller offered a chilling warning about what he describes as still-ongoing efforts by Russia and other foreign powers, "as we sit here", to interfere with and manipulate upcoming U.S. elections.

We hold most of the commentary and analysis on all of this for another day in order to bring you extended excerpts on today's program from the detailed questions and answers with members of Congress from both parties and in both the Judiciary and Intelligence Committees. If you weren't able to catch seven hours of hearings beginning at 8:30am ET on a work day, we'll get you fairly well caught up on the key through-line and the most noteworthy stuff in just under an hour. You're welcome!

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

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Guest: DFA's Charles Chamberlain; Also: Trump does not understand climate change; Emails: TX Guv pushed for bogus 'non-citizen voter' list...
By Brad Friedman on 6/5/2019 6:29pm PT  

On today's BradCast: Is the dam Nancy Pelosi has erected against the tide of impeachment finally beginning to crack? Does Donald Trump have Woodsy Owl as his environmental advisor? Was the Governor of Texas behind a bogus voter purge list? [Audio link to our full show is posted below.]

First up, with Trump overseas we'd hoped to be able to ignore him as much as possible this week. But, after newly absurd comments made regarding climate change during an interview with Piers Morgan following Trump's meeting with Prince Charles on the topic, we couldn't hold our tongues

Trump made clear that he doesn't really even understand the climate crisis or how pollution from carbon emissions is endangering livability on Planet Earth. He claims the U.S. has "the cleanest climate" ever and seems to think that "clean air and clean water", as he describes it --- not understanding that carbon dioxide in excess is a dangerous pollutant --- is all that matters. (It's as if his top Environmental Advisor is Woodsy Owl, observes WaPo's Philip Bump.)

He also seems to have no clue that our air and water has gotten dirtier since he took office, and that dangerous greenhouse gas emissions have continued to rise. But he is very able at newly parroting long-debunked Fox "News" talking points such as the notion that "it used to be called global warming, that wasn't working, then it was called climate change, now it's called extreme weather". Desi Doyen debunks the bunkery. (Hint: It was always called climate change --- the UN's IPCC or Intergovernmental Panel on Climate Change was formed in 1988 --- and it was Republicans in the 2000s, during the George W. Bush Administration, who preferred that phrase over global warming which GOP wordsmith Frank Luntz found to be more "frightening" to voters!)

Then, Former Democratic Senate leader Harry Reid, who previously opposed impeachment, is now calling on Speaker Pelosi to begin an official inquiry in the U.S. House. And, on Tuesday, some thirty progressive groups who are usually allies to the Democrats published an open letter expressing "deep disappointment" in the Speaker for her blockade of impeachment proceedings against the President, citing her "refusal to use the full scope of your constitutional power to hold Trump accountable." The groups, which include CREDO, Indivisible, the Courage Campaign and Democracy for America among others, charge in their missive that "Voters gave Democrats control of the House of Representatives because they wanted aggressive oversight of the Trump administration" which requires "bold, moral leadership" they claim to be lacking. Though, they note, that Pelosi concedes "we are facing a constitutional crisis", they criticize her for failing to invoke the "remedy" handed to us by the Framers. "You have the power to ensure Congress exercises its constitutional obligation to hold this president accountable. But instead of using your power, you are giving us political excuses for why you shouldn't. Instead of leading, you and your colleagues have asked us to wait – wait for the Mueller report, wait for the unredacted Mueller report, wait for Mueller's testimony about the Mueller report, wait for more investigations, wait for bipartisan consensus, wait for impeachment to poll better, or wait for the 2020 election," the groups write in their open missive posted to WeCantWait.US.

We're joined today by CHARLES CHAMBERLAIN, Chair of progressive signatory Democracy for America, to discuss the letter and to respond to many of the reasons that Pelosi and other Democrats and strategists have cited for not taking action to begin official impeachment proceedings against this President. Is more information still needed from Mueller or his unredacted report before the House should begin? Are the multiple, ongoing investigations that Pelosi is encouraging in the House proving to be more helpful in detailing the high crimes and corruption of the Trump Administration? Should Dems wait until impeachment becomes even more popular among the public? Until more Republicans are willing to come on board? Would the effort endanger Democrats' chances of holding the House and taking back the Senate and White House in 2020? Should it be avoided because, as Pelosi claims, Trumps "wants" to be impeached? Or due to the conventional wisdom that, even if impeached, Senate Republicans would never vote to convict and remove Trump?

Chamberlain responds --- with gusto --- to all of those points and many other such excuses offered by party leadership for not (yet, anyway) beginning an official inquiry to consider Constitutional removal of this criminal President. He also discusses what you can do to help, and argues that impeachment will help, not hurt, Democratic chances in 2020. "It is our base that we need to be worried about. If Democrats don't follow through with what they were sent to do in 2018, then we have a high chance of them staying home," he tells me. "Let's be clear --- if there's one thing that helps people win politically, it's whenever when you're on offense, you're almost always winning. It's something that Republicans are experts at. It's something Donald Trump is expert at. And the more we can do it, the more likely we're going to win in 2020."

Finally today, newly published emails out of Texas reveal that Gov. Greg Abbott (R) appears to have been behind the push for a bogus list of some 100,000 "non-citizens voters" in the state which the Secretary of State used earlier this year to try and purge legal voters from the rolls and led the state's Attorney General to open criminal investigations. Thousands of voters on the list were, in fact, found to have been naturalized citizens and the list was withdrawn by court order, the Sec. of State (a former aid to and appointee of Abbott) was forced to resign, and the state is now paying out hundreds of thousands of dollars in settlements after being sued by several groups over the bogus purge list. Thanks to newly revealed details in the emails obtained and published this week by the Campaign Legal Center, it now appears that the Governor may have been behind the insidious voter suppression initiative the whole time...

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

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Northam calls special session in VA; GOP's 'Mexican standoff'; Hicks' nix fix; 2020 Dems seek climate solutions, Admin offers 'freedom gas'...
By Brad Friedman on 6/4/2019 6:25pm PT  

As usual, on today's BradCast, everything you need to know --- whether you want to know it or not --- in 57 minutes or less...or your money back! [Audio link to full show follows below.]

  • First up today, Virginia's Democratic Governor Ralph Northam announces a plan to convene a special session of the state legislature this summer to respond to last Friday's massacre at a municipal building in Virginia Beach which killed twelve people. Republicans, who have long controlled both chambers of the gerrymandered state legislature, have nixed a panoply of popular gun safety measures year after year in subcommittees, such as measures to place limits on extended magazines like the type used in Friday's shooting, barring the purchase of more than one hand-gun per month, and background checks for all gun sales. Northam says he is asking for "votes and laws, not thoughts and prayers" from state lawmakers just months before the entire General Assembly will be on the ballot for the Commonwealth's November 2019 off-year elections;
  • The GOP establishment appears to be pushing back hard today against Donald Trump's promised new tariffs on all goods imported from Mexico, which Sen. John Kennedy (R-LA) recently predicted Trump won't actually implement. "He 's been known to play with fire, but not live hand-grenades," Kennedy opined regarding a new 25% tax that Americans would have to pay on all products from Mexico under the President's promised new scheme to, somehow, stop immigration across the southern border. Even members of his own Administration, however, don't appear to understand how Trump's proposed trade war would lead to an end of migration. But, in London today, Trump said it would be "foolish" to try and stop his plan to declare another "national emergency" to unilaterally impose the tariffs. Republicans are indicating they may have enough votes to override a Presidential veto. (We'll believe it when we see it.);
  • Meanwhile, our Constitutional Crisis continues, as the White House has now instructed former White House Communications Director Hope Hicks and former White House Counsel Chief of Staff Annie Donaldson to defy a Congressional subpoena for documents by claiming Executive Privilege over materials that have already been shared with Special Counsel Robert Mueller (and thus, have already had Privilege waived). With the persistent drumbeat calling for an official impeachment inquiry growing louder each day against the scofflaw President while the White House fights "all of the subpoenas" as per Trump's instructions, Democrats are preparing a number of votes in a number of Committees to hold current and former Administration members in contempt. In addition to possible votes of contempt in a number of committees, Dems have votes scheduled next week for the full House to declare both Attorney General William Barr and former White House Counsel Don McGahn in contempt;
  • In 2020 Presidential election news today, Joe Biden released a 22-page, $5 trillion climate plan that includes $1.7 trillion in federal spending over the next ten years, to be paid for by reversing the GOP's 2017 $1.5 trillion tax cut and ending subsidies for fossil fuel companies. We share Biden's introductory video for the plan, which vows to create millions of jobs and protect the retirement and pensions of fossil fuel industry workers. And we compare it to those of other 2020 candidates, including Elizabeth Warren who released her own "aggressive" $2 trillion plan to take on our climate crisis today as well. Biden's new proposal to make America carbon neutral by 2050 is receiving mostly high marks from environmentalists and comes in the wake of a much-derided recently reported comment from a campaign spokesperson claiming that the former Vice President was seeking a "middle ground" on climate that might be joined by Republicans. Climate hawks and supporters of Rep. Alexandria Ocasio-Cortez' Green New Deal resolution characterized Biden's new proposal as an encouraging response to activism and pushback from their ranks;
  • Finally, Desi Doyen joins us for our latest Green News Report, with news of Republican obstructionism finally giving way to a long-awaited $19 billion disaster relief package in Congress, the Trump Administration's newest scam to try and suppress climate science, Colorado's new plan to go big on renewable energy, and....yes...the Administration's promise of "freedom gas" for the world!...

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

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