It's only Day 3 for the Biden Administration, but it feels like Donald Trump has been gone for months. And that feels fantastic. On today's BradCast, we catch up with the new President's flurry of Executive Actions since taking office and the GOP's attempt to continue Senate dysfunction, even with Democrats now (theoretically) in the majority. [Audio link to full show is posted below.]

Also today, some news on Donald Trump's upcoming second Senate Impeachment Trial, as House Speaker Nancy Pelosi announces plans to transmit Trump's latest Article of Impeachment --- for "Incitement of Insurrection" --- to the upper chamber on Monday. And we've got more good news on Trump's crumbling empire, with more banks and law firms having dumped the toxic former President and his company following his incitement of the attempted U.S. Capitol insurrection by MAGA Mobsters on January 6.

We're joined today by progressive financial journalist and author DAVID DAYEN, Executive Editor of The American Prospect and author of its new, daily, FIRST 100 newsletter. Dayen, whose magazine has devoted no small amount of the past year toward detailing a progressive Day One Agenda for the new Democratic President, offers his take on President Biden's first (less-than-half) week in office, the corporate media's curious adjustments in covering a new Administration, and Mitch McConnell's attempt at delaying the full turn over of the Senate to Democrats.

While he remains cautious this early in the Administration, Dayen notes that he has been pleased, so far, with their "unwillingness to get caught up in a Fox News game of worrying about 'optics'" and indications that Biden, to date, is "not going to get sucked into a deficit hawk argument."

After a year covering the COVID crisis for his magazine, Dayen also offers a prescription for how to get both new relief checks and vaccine shots to the American people as quickly as possible while Republicans balk at Biden's critical $1.9 trillion COVID relief proposal and even attempt to stymie a power-sharing deal in the 50/50 Senate unless Dems agree to not do away with the democracy-stifling legislative filibuster.

So far, Dayen observes, Senate Democrats appear unwilling to give up the leverage of potentially doing away with the filibuster. "There's nothing in it" for them, he says, adding "Schumer has been insistent that he's not going to take that deal." There's a bit more good news to end your week for now.

Finally, we close a remarkable and historic week --- the last one to include Donald Trump as President of the United States (was that still this week?!) --- with some prescient thoughts from Jon Stewart, as shared with Steven Colbert just 11 days into the then-nascent but already-exhausting Trump Administration, from January 31, 2017...

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Today's BradCast picks up where yesterday's left off, amid the Trump-instigated attempted insurrection by his MAGA Mob at the nation's Capitol amid the formal affirmation of Joe Biden's Electoral College victory. We continue then with all of the mind-boggling fallout thereafter. [Audio link to full show is posted below this summary.]

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

• Morning Joe speaks for us, in his response to Wednesday's shameful attempted coup and pathetic response to it by the Capitol Police;

• So does Joe Biden, who, like Joe Scarborough, notes how differently a white rightwing MAGA Mob was dealt with, versus how things would have played out had those violent rioters who invaded the Capitol building been BLM protesters;

• Trump won't be escaping to Scotland after all. Guess he'll have to find another country willing to harbor a likely fugitive from justice;

• Once the Capitol building was cleared of Trump's lawless marauders on Wednesday night --- and four insurrectionists had died in the bargain --- the Electoral College affirmation by Congress that they'd attempted to prevent, picked up once again, with a (very slightly) chastened GOP. We share several outstanding speeches from the Senate floor in the middle of the night/early morning, as delivered by Senators Cory Booker (D-NJ) and Mitt Romney (R-UT). That, before seven Republican U.S. Senators and 138 GOP House Members (68% of the caucus!) voted, unsuccessfully, to nullify millions of votes cast by the voters of Arizona and Pennsylvania;

• For the record, the seven Republican Senators who voted to nullify the voters in those two states --- even after the attempted coup at their own place of work --- are: Cruz (TX), Hawley (MO), Lummis (WY), Marshall (KS), Scott (FL), Tuberville (AL) and Hyde-Smith (MS). May their names live in eternal infamy and shame;

• Trump and his Republican Party's shameful, evidence-free attempt to use the Electoral Count Act of 1887 or 12th Amendment to the Constitution in order to steal the 2020 Presidential election has officially failed, as Biden's Electoral College "landslide" was affirmed by Congress at 3:45am on Thursday morning, January 7th. The MAGA Mob riots served no purpose other than to kill several Trump supporters and injure more than a dozen Capitol police. The results of the election were exactly as they were certified by all 50 states weeks ago;

• Amid the insurrection and while being locked out of his account at both Twitter and Facebook overnight (he has since been allowed to return to Twitter, though Facebook says he will be banned until at least after Inauguration Day), Trump's mood was said to have grown increasingly erratic. His rage reportedly resulted in Mike Pence's Chief of Staff (and Trump's own former Legislative Director) being banned from the White House, and staffers were reportedly instructed by the White House Counsel to stay away from him, lest they find themselves as an accessory to treason under the Sedition Act;

• About eight staffers have resigned following Wednesday's events, including Trump's former Press Secretary (Stephanie Grisham), his former Acting Chief of Staff (Mick Mulvaney) and his Transportation Secretary Elaine Chao, the only cabinet member, so far, to jump off the sinking ship. Chao also happens to be married to the soon-to-be-former Senate Majority Leader Mitch McConnell, who will presumably be the Republican Minority Leader following the apparent victories by Jon Ossoff and Raphael Warnock on Tuesday in Georgia's U.S. Senate runoffs. None of those who waited until now to resign should be hailed as heroes;

• By Thursday morning, both incoming presumptive Senate Majority Chuck Schumer and House Speaker Nancy Pelosi had issued statements calling for the 25th Amendment to be invoked by Vice President Pence and Trump's remaining cabinet members to remove him from office immediately. Pelosi correctly describes Trump as having incited "an unpseakable assault on our nation and our people." Short of impeachment, both Democratic leaders say, another impeachment for "willfully inciting violence against the government of the United States"; "gravely endanger[ing] the security of the United States"; and "demonstrat[ing] that he will remain a threat to national security, democracy and the Constitution if allowed to remain in office" remain a possibility, as detailed in Articles now being circulated for consideration by House Democrats;

• If you're not familiar with how the 25th Amendment would work, should it be invoked (there is also at least one Republican lawmaker calling for it today, describing Trump as "unfit" and "unwell"), here's a quick primer;

• Finally, Desi Doyen joins us for some much brighter news, believe it or not, in our latest Green News Report, where the overlooked news about Democrats clawing back a legislative majority in the Senate may be very very good news indeed...as long as WV's coal-loving Democratic Senator, Joe Manchin, decides to help save the planet by playing along...

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No. The headline wasn't a typo. We seem to have reached the end of a few lines today. I’m NICOLE SANDLER, guest hosting the BradCast one more time in this really miserable year.

The first line ending is the year 2020. I know it officially ends tomorrow night, but today is the last new, live show of the year. I know I speak for Brad and Desi when I say 'good riddance' to what was probably the worst year of our lives.

We may be reaching the end of the line in this 244-year-old Democratic Republic. We are witnessing the unraveling of the shaky foundation of this nation as the madman whose power ends in three weeks is getting more desperate and reckless by the day.

We're at the end of the line for the 116th Congress. It moves into the history archives on Saturday; the 117th Congress will be sworn in on Sunday.

Donald Trump seems to be embracing a scorched earth policy, deciding to burn the whole place down if his minions won’t break every rule, law and norm to overturn our Democratic election and install him as Supreme Leader. The reason there's still news breaking and the Senate is in session right now is all due to Trump's destructive and dangerous behavior. And no one in the Republican Party is willing to stand up to him to protect our delicate Democracy over his authoritarian ambitions.

The past four years have been a blur of gaslighting and lies. One of the more reprehensible falsehoods they've pushed is the idea that --- led by Jared Kushner --- they've negotiated Middle East Peace! What was fostered during this time was an unholy alliance between the right wing Israeli Prime Minister Netanyahu (who is under indictment on a number of counts of corruption and worse) with the American dictator-wannabe Trump.

When the Trump Administration announced the first of their so-called peace agreements --- this one between Israel and the United Arab Emirates --- my first thought was, "when were Israel and the UAE at war?" (They weren't.)

Over the next few months, they rolled out a few more of these deals...with Bahrain, Sudan and finally, just a few weeks ago, they announced a fourth one... saying "President Donald Trump has brokered a peace agreement between Morocco and Israel."

This one might have been the most offensive of the four, as the so-called deal legitimizes the Moroccan occupation of the Western Sahara.

Some years back, I learned about Gush Shalom, the Israeli Peace bloc, led by activist Uri Avnery. I had the honor of interviewing him a few times over the years. His is a fascinating story. Well into his 90s, Avnery passed away a few years ago. But Gush Shalom continues its advocacy for peace and a two-state solution.

After the so-called peace deal between Morocco and Israel was announced, I received an email from ADAM KELLER, a co-founder with Avnery of Gush Shalom, strongly condemning the deal.

So I reached out to Mr. Keller to get the side of the Israel story that the corporate mainstream media doesn’t report.

Mr. Keller has a thick accent, but I took great care to edit the interview to make it as easy to understand as possible. I hope you’ll give it a listen. Their position is not an isolated one. As I told him, just as I have nothing but contempt for the administration currently in power over here, I know that there are many Israelis equally horrified by the Netanyahu regime.

It's now also apparently the end of the line for Netanyahu's government! We taped that interview two weeks ago. I got another email from Adam on 12/26 that reads...

Misery loves company, I suppose.

And we’re at the end of the 2020 line too, thankfully. I made a concerted decision not to produce a Year in Review show this year because, well, 2020. Enough said.

But I always look forward to Dave Barry's year-end missive. One of the few good things about living in South Florida is that Dave Barry, Carl Hiaasen and Leonard Pitts are columnists based at the Miami Herald.

Dave Barry's 2020 Year in Review is too long for me to read in its entirety. But I ended the show with a reading of one pitch-perfect section, the part he calls MARPRIL. Just think back to March and April and you’ll understand...

And I've now reached the end of this post. Thanks to Brad and Desi for trusting me with their show, and thanks to you, Brad’s readers and listeners, for welcoming me into your ears.

Here's wishing us all a return to decency, normalcy and democracy in 2021. Happy New Year!...

Download MP3 or listen online below...

On today's BradCast: The gears of American democracy continue to grind and wheeze toward November 3rd. On Tuesday, Massachusetts held its late season state primary elections featuring at least two noteworthy races. One, a somewhat bizarre challenge by an ambitious 39-year old Rep. Joe Kennedy III for the Democratic U.S. Senate nomination against incumbent, 74-year old progressive climate champion Sen. Ed Markey. The other, a challenge by the 31-year old progressive Mayor of Holyoke, Alex Morse, against powerful, 16-term establishment Democratic Rep. Richard Neal in the state's 1st Congressional District. One progressive won, the other lost. Both races were fascinating for different reasons. [Audio link to show follows below.]

To help us understand both races and more, we're joined once again today by HOWIE KLEIN, creator of the enduring "Down With Tyranny" blog and co-founder of the progressive BlueAmericaPAC. He's been helping us in recent weeks to make sense of results from a number of key, late season primary races. (There are still three states left to go --- Rhode Island, New Hampshire and Delaware --- over the next two weeks.) The Markey/Kennedy contest, however, was one of the most curious this season.

Markey, who has served in the House and Senate for some 45 years, remains one of its most progressive and beloved lawmakers as a supporter of Medicare for All and the Senate sponsor, with Rep. Alexandria Ocasio-Cortez in the House, of the landmark Green New Deal proposal. Kennedy's attempt to unseat Markey, as endorsed by House Speaker Nancy Pelosi, unsettled a number of Democrats and appeared, for a while, that it might have been successful. Alas, Markey appears to have won the day, and fairly easily, on Tuesday against the first Kennedy to ever lose an election in Massachusetts.

Klein explains why Kennedy was running in the first place and why he ultimate lost.

He also walks us through the challenge against Neal, a long-serving Democratic corporatist in the House who faced criticism from many Dems for slow-walking the Congressional attempt to review Donald Trump's tax returns. As the powerful Chair of the House Ways and Means Committee, Neal has the exclusive, statutory right to review the tax returns of any American in the nation. He took months, however, after Democrats regained the majority in the U.S. House in 2018, to even begin the process. Bu that's hardly the only critique of Neal by progressives, as we discuss today with Klein.

Nonetheless, Neal easily defeated Morse in Tuesday's primary, after what appear to have been dubious, if ultimately effective, charges of sexual misconduct whipped up against him by questionable sources. Klein explains that ugly campaign, as well as why his BlueAmericaPAC decided not to endorse Morse or either of the two progressive candidates running in the crowded field for the nomination to fill Kennedy's vacated seat in the state's 4th Congressional District.

Also today: The Pennsylvania Supreme Court has announced it is taking up a case filed by the state Democratic Party seeking to expand and clarify the state's new mail-in ballot law amid the coronavirus pandemic. The Trump Campaign and state Republicans are challenging absentee voting in the battleground by, for example, suing to prevent the use of secure drop-boxes for absentee ballots.

And, in Texas, a federal judge has, for the second time, found the state in violation of the National Voter Registration Act for refusing to make online voter registration available along with online drivers license applications as required by the NVRA. And, in another court case, Texas' Republican Sec. of State and Attorney General are now suing the Harris County (Houston) County Clerk to prevent him from sending out absentee ballot applications to the county's more than 2 million registered voters...

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In case you need something to celebrate this July 4th, it will be just 200 days exactly from that date until Donald Trump will no longer be the President of the United States next January! ... Presuming he is not able to somehow steal a second term anyway. Let's not let him. Therefore, go celebrate Independence Day in advance this Saturday on July 4th!

In the meantime, as we work our way towards that glorious day, a few related news items of note on today's BradCast [Audio link to full show follows summary below]...

• Wyoming Republicans are beating themselves up over...well, apparently being Republicans. Literally! A fist-fight broke out over the weekend at the Wyoming Republican Party state convention in Gillette, as the party's extremist and less extremist factions duke it out, with one County Party chair who wielded an ax-handle and a pistol, versus another drunk County Party chair who ended up unconscious and in need of surgery as the whole debacle is investigated by local police. Grab your popcorn, because it's as insane as it sounds. We've got the blow-by-blow details!;

• As to the battle between the Democratic Party's progressive and conservative wings, that appears to be playing out a bit more peacefully, at the ballot box instead. AP has now called a winner in Kentucky's Democratic U.S. Senate Primary a week after it was held. The delay was due to absentee ballot counting in two of the state's largest and most diverse counties, Jefferson (Louisville) and Fayette (Lexington). Neither released any results from the state's June 23 primaries until today. If the reported results are accurate, it appears that party establishment-supported former fighter pilot Amy McGrath will be the Democratic nominee to take on GOP Senate Majority Leader Mitch McConnell this November. She is said to have narrowly edged out progressive African-American state legislator Charles Booker, who surged to mount a serious challenge to McGrath and her large campaign war chest at the end of the campaign during protests for racial justice in the state. In the end, if the computer-tallied results are accurate, Booker's late surge --- as a Sanders/Warren/AOC-endorsed supporter of Medicare for All and the Green New Deal --- came up just short of the votes needed to defeat the front-runner who had been the presumptive nominee since being recruited by Senate Minority Leader Chuck Schumer last summer. We'll see if McGrath also has what it takes to take down McConnell this fall. That, according to recent polling, will be no easy feat in a state that went for Trump by 30 points in 2016. But it will be well worth the effort in trying;

• The National Republican Committee, the Trump Campaign and several sitting GOP Congressmembers are now filed a federal lawsuit in Pennsylvania, claiming that their use of secure absentee ballot drop-off boxes somehow violates the U.S. Constitution, even though absentee voting was approved last year by the state's GOP-majority legislature and the use of drop-off boxes is a recommended best practice by vote-by-mail experts and the federal government alike;

• We'll see if the Republicans' federal lawsuit in PA has any better chances for success than a similar attempt by the GOP and Trump Campaign to sue California in an effort to prevent absentee ballots being mailed to all active registered voters. That initiative was mandated by Gov. Gavin Newsom's recent Executive Order in the wake of the COVID-19 pandemic, and in a subsequent Republican-supported bill passed by the state legislature and signed by the Governor;

• And here's that article I referenced by Ernie Canning on the other Dept. of Justice whistleblower who testified in the U.S. House Judiciary Committee last week about Bill Barr's abuse of the DoJ's Antitrust division to harass California and automakers who are working with the state (to the consternation of Donald Trump) and legal cannabis companies (perhaps to prevent the division from being able to probe real antitrust issues and anti-competitive monopolies in the banking, Big Tech, and telecom sectors.);

• Then, we've got a brief and heart-felt tribute to the legendary and much-beloved Carl Reiner --- creator of the Dick Van Dyke Show, the 2000 Year Old Man with Mel Brooks and much more --- who passed away today at the age of 98. From nothin'.;

• Finally, Desi Doyen joins us for the latest Green News Report with news on a fracking giant filing for bankruptcy, SCOTUS signing a death warrant for endangered species and new data finding that millions of U.S. homes, far more than previously thoughts, are now at risk of flooding thanks to climate change...

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PLEASE NOTE: Desi and I are checking out for a few days of MUCH needed down time before the holiday. Nicole Sandler will be filling in for us until we see ya next Monday! Until then, please stay safe, healthy and don't forget to celebrate independence from the Trump Presidency in just 200 days as of July 4th!

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Given the disturbing news out of a D.C. Appeals Court today in the Michael Flynn case, we begin today's BradCast with a few words of warning about what is likely to come between now and November 3rd (and even beyond), and how we all must now collectively approach that day in order to save this Republic. This is not a test. This is the real thing. And, as our darkest hour gets darker still --- and it will --- we must stay focused on the only thing that offers hope right now, the only thing that matters: making very real changes at the White House and Congress this November.

After that serious-as-a-heart-attack public service announcement/warning, we break down just why the surprise ruling by two Republican appointees to the U.S. Court of Appeals in D.C. today --- in response to an unprecedented motion by Donald Trump's former National Security Advisor and confessed federal felon Michael Flynn --- is so damning, dangerous and unprecedented.

The three-judge panel's majority ruling [PDF], ordering Flynn's case to be dismissed --- as Trump demanded and as corrupt Attorney General Bill Barr facilitated in opposition to the career prosecutors who successfully obtained Flynn's guilty plea (twice, before two different judges) --- was written by Judge Neomi Rao, a former White House staffer who Trump recently appointed as a federal appeals court judge. The entire matter is about as corrupt as it can get, but it may not be over yet. The full D.C. Circuit Court of Appeals may decide to rehear Flynn's unprecedented motion, given "the question of exceptional importance" raised by the matter, as allowed by law. The lower U.S. District Court was not even allowed to hold a hearing on the Dept. of Justice's Motion to Dismiss their own case before Flynn filed for a writ of mandamus to force U.S. District Court Judge Emmett Sullivan to approve the DoJ's motion before it was even heard.

As Judge Robert Wilkins, the lone Democratic-appointed judge on the three-judge appellate panel wrote in his dissent, his colleagues "grievously" overstepped their judicial powers with their order. If the surprising ruling holds, it will, as BRAD BLOG legal analyst Ernie Canning wrote last week, mean that the court has become "complicit in the President's corruption of the rule of law," which is "tantamount to an abandonment of the Judiciary's constitutional function to act as a check against Executive Branch abuses of power."

At the same time as that stunning order was issued by the D.C. Court of Appeals panel, two DoJ whistleblowers were testifying about similar cases of corruption at the Department by senior political appointees working at the behest of Barr and Trump in the case of Roger Stone, another Trump crony found guilty of lying to federal officials (just as Flynn had admitted he did as well) in relation to the Robert Mueller Special Counsel probe into Russian inference in the 2016 election. We share some of today's disturbing testimony by Aaron Zelinsky, one of the career prosecutors who refused to sign off on the DoJ's attempt to reduce the sentencing recommendation for Stone, Trump's pal and longtime dirty-tricksters (found guilty here on all seven counts), despite what he described as "heavy pressure from the highest levels of the Department of Justice," including senior political appointees who, he alleged, were "afraid of the President."

"It’s very important that we recognize what’s happening now," warned Donald Ayer, another witness at today's hearing and a former Deputy Attorney General under George W. Bush. "What’s happening now is much worse than what happened in Watergate --- much worse. It’s across-the-board. It’s a systematic effort to undo the checks that were put in place in Watergate and others that existed in the Constitution. And we need to do something about it."

The corruption of the Flynn and Stone prosecutions are now so far off the rails from what the U.S. Department of Justice is supposed to stand for that it is difficult to fully express how much dark trouble this now portends for our nation. Thus, we have one hope left --- our last firewall against full-blown authoritarianism in this country --- this year's critical general elections. To that end, there were primaries held on Tuesday in Kentucky, New York and Virginia along with a few other key races elsewhere. We're joined today by longtime progressive political blogger and Congressional campaign expert HOWIE KLEIN of Down With Tyranny to discuss a number of election results from Tuesday in New York and Kentucky which appear to suggest some very good news for progressives. We say "appear" because several of those elections are currently reported to be very close and, due to the coronavirus (which had its single biggest day of new infections in the U.S. on Wednesday), it will take some time for officials to tally the unprecedented number of absentee mail-in ballots cast. We run through several of the key races with Klein (he details many more here today) why they matter, and how a number of them they are likely to scare the hell out of the establishment on both the Left and Right.

"There were wins and losses," Klein tells me. "It wasn't like the progressives wiped out the [Democratic] conservatives. But thank goodness it didn't go the other way. So yes, it was a good night for progressive Democrats."

Also worth a quick mention today: The 24-year old Republican dude named Madison Cawthorn, who defeated the Trump-endorsed candidate in the GOP runoff to become the nominee to fill former Congressman turned White House Chief of Staff Mark Meadows' seat in North Carolina. And ALL of the electronic pollbooks in Virginia Beach, Virginia's 100 precincts failed on Tuesday...

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On today's BradCast: We start with good news for Democrats and Joe Biden before moving to the bad for Nancy Pelosi and her puzzling pick for a key oversight panel and seemingly terrible negotiation skills on emergency relief bills. [Link to full audio of today's show is posted below.]

On Wednesday, moments after we got off air yesterday, Donald Trump tossed his sorry pal Brian Kemp, Georgia's dumb-as-dirt and illegitimate Governor, under the bus, by pretending that he "disagreed strongly" with and felt it was "too soon" for Kemp's scheme to re-open nail salons, barber shops, tattoo and massage parlors and more in the Peach State as of Friday. That, even though Trump had reportedly called Kemp the day before to congratulate him on the move. At the same time, he was condescendingly tweeting about how much he cares about the old people who will be killed when Republican Governors across the country begun re-opening their states against the advice of health experts.

Trump's latest reversal is likely for good reason. One, the top health officials on his coronavirus task force pretty much insisted that he condemn Kemp's deadly decision and two, older voters --- a key part of his base --- appear to be abandoning Trump in droves thanks to his terrible response to the virus. New polling from Trump's favorite source, Fox "News", now shows Joe Biden beating Trump by 8 points in both Michigan and Pennsylvania, two states that are crucial to Trump's hopes of being re-elected. The Democratic Governors of both states, according to Fox, are very popular while Trump is decidedly not. In both states, large majorities of voters strongly support current stay-at-home restrictions, even if it continues to damage the economy.

The information in those polls amounts to the good news today for Dems. Then we turn to the mess that House Speaker Nancy Pelosi seems to be creating in D.C., while members are back in their districts and she is left to negotiate new relief bills, largely by herself with Mitch McConnell in the Senate.

DAVID DAYEN, Executive Editor of The American Prospect and author of the upcoming book, Monopolized: Life in the Age of Corporate Power, joins us again today to catch us up on just some of the very important scoops he has been churning out each day in his daily, must-read "Unsanitized" report at The Prospect.

He has been causing a lot of problems for Pelosi of late, after exposing her embarrassingly poor pick for the four-person Congressional oversight board created by the CARES Act to oversee trillions of dollars of corporate bailouts and giveaways in the bill. Each of the Democratic and Republican leaders in the House and Senate get to pick one member each for the panel. Freshman oversight bulldog Rep. Katie Porter (CA) --- who would be perfect for the job --- had made clear she was hoping to get it. Nonetheless, Pelosi selected her friend, freshman Rep. Donna Shalala (FL), who has absolutely no experience in financial oversight. Worse, much worse, as Dayen first revealed last weekend, Shalala, who previously served as Bill Clinton's Health and Human Services Secretary and CEO of The Clinton Foundation, had mountains of conflicts due to stock investments in dozens of companies whose bailout funds she was being asked to oversee.

The story gets even worse, however, as Shalala first claimed she had sold most (if not all) of those stocks, before Dayen found that, if she had, she failed to publicly report those transactions as mandated by the federal STOCK Act, as her office had previously tried to claim she had. After another day or so of this fact-pummeling by Dayen at The Prospect --- eventually picked up by the corporate media --- Shalala was forced to admit that she, in fact, failed to file those mandatory disclosures. She apologized, claiming she had failed to understand the requirements of the Act, despite it being incredibly simple --- unlike the task of overseeing trillions of dollars in loans and grants by the Treasury Department and Federal Reserve, as required by the oversight panel on which she is now seated.

"How is Donna Shalala going to be in a hearing with the Federal Reserve, asking them about the rules and procedures of the corporate bailout, when she couldn't follow the most simple, basic step required of her as a member of Congress?," Dayen wonders.

Not a promising sign, even as Dayen reports that Shalala continues to have large holdings in a health care company that would also be subject to oversight by her panel. "The one stock she did not sell was in United Health, the health insurance company that she was on the board of for several years. She still holds that now. So she is a walking conflict of interest even in her normal duties in Congress," he tells me.

Nonetheless, nearly a week into Dayen's coverage, after a belated apology from Shalala for her violations of federal law, Pelosi continues to stand by her poor selection. Why? Well, Dayen discusses that and much more on today's show (including the much better selection of former Elizabeth Warren protege, Bharat Ramamurti, by Senate Minority Leader Chuck Schumer for the same panel.)

We also discuss what is --- and, more disturbingly, is NOT! --- in the nearly $500 billion bailout bill passed by the House on Thursday, after largely being crafted by Mitch McConnell in the Senate as Dems continue to give away pretty much all of the leverage they may have had for a list of things Dayen argues they should have fought for, including: "State and local government funding...Payroll support along the lines of just having the government operate these payrolls rather than having people laid off...Money for the Postal Service, which is about to go under...Health insurance expansion for the duration of the crisis...Rent relief...foreclosure relief...Nor did they guarantee Vote-By-Mail for every American during the November election."

It's a very lively and troubling conversation, with lots of stuff --- maddening, amusing and informative --- including why Congress has failed to adopt some way of remote voting so that they can somehow continue to carry on the people's business, even during the need for physical distancing.

Finally, we're joined by Desi Doyen for our latest Green News Report, with some good news (believe or not) and bad in the age of the coronavirus...as well as some swingin' music to take us out for the day!...

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While it seemed impossible previously, Republicans in the U.S. Senate appear to have outdone their phony confirmation proceedings for Supreme Court Justice Brett Kavanaugh in late 2018, with their sham Impeachment "trial" of Donald John Trump. As we went to air for today's BradCast, the Senate was preparing to vote on whether witnesses would be blocked from a Senate Impeachment Trial for the first time in U.S. History. By the time we got off air, the shameful, dirty deed was done. [Audio link to full show is posted at end of article.]

The day of the fateful vote began with yet another explosive piece of breaking news from the New York Times, reporting that Trump's former National Security Advisor John Bolton's forthcoming book charges that "More than two months before he asked Ukraine’s president to investigate his political opponents" Trump directed Bolton "to help with his pressure campaign to extract damaging information on Democrats from Ukrainian officials, according to an unpublished manuscript by Mr. Bolton." Moreover, the paper reports, Bolton describes an Oval Office conversation on the matter in early May of 2019 "that included the acting White House chief of staff, Mick Mulvaney, the president’s personal lawyer Rudolph W. Giuliani and the White House counsel, Pat A. Cipollone, who is now leading the president’s impeachment defense."

Yes, that's right. The Trump attorney now leading his defense in the Senate trial, who has accused Democratic House Managers of "hiding the facts" in their arguments in favor of two Articles of Impeachment against Trump, is now allegedly a co-conspirator in the very plot that resulted in only the third impeachment of a U.S. President in history. Little wonder they'd prefer to have no witnesses testify.

Bolton has stated he would be willing to testify in the trial, as has Lev Parnas, a right-hand man to Rudy Giuliani, Trump's personal lawyer at the center of the scheme to pressure Ukraine to announce investigations of Joe Biden before Trump would agree to a White House meeting or release $391 million in military assistance to war torn Ukraine. On Friday morning, Parnas' attorney submitted a letter to Majority Leader Mitch McConnell, explaining his client's willingness to testify at the trial with relevant information that alleges Trump, Mulvaney, Vice President Mike Pence, Attorney General William Barr, Energy Secretary Rick Perry, Senator Lindsey Graham, Congressman Devon Nunes and many others worked on Trump's plot to force Ukraine to help him undermine the 2020 Presidential election. So, yes, as Gordon Sondland said weeks ago, "everyone was in the loop. So, yeah, no witnesses please and thanks.

Despite all of that astonishing news --- and all that has come before it --- by the end of today's program, Republicans in the U.S. Senate, by a vote of 51 to 49, would vote to block subpoenas for all witnesses and documents in the Impeachment Trial, for the first time in U.S. history. Only two Republican Senators, Susan Collins of Maine and Mitt Romney of Utah, were willing to cross the aisle to vote with all 47 Democrats to call for witnesses. We discuss the pathetic excuses offered by supposedly "moderate" GOP Senators Lisa Murkowski of Alaska and the retiring Lamar Alexander of Tennessee for voting against witnesses. That vote now paves the way for an acquittal vote for the President. One of the few remaining questions by show's end was when that vote may come. As of this hour, it may now happen next Wednesday, the day after the President's State of the Union Address on Tuesday night --- but we'll see.

Another major question of note is what price, if any, Republicans may ultimately pay for what Senate Minority Leader Chuck Schumer described after the vote as the GOP's act of "perfidy...where the Senate did not live up to its responsibilities, turned away from truth, and went along with a sham trial." With "no witnesses and no documents", he described the proceedings as "not a real trial" and "a tragedy on a grand scale."

We're joined today by DAVID FARIS, Associate Professor of Political Science at Roosevelt University, author of It's Time to Fight Dirty, to discuss today's historic events, and his two most recent columns at The Week, where he is a regular contributor. In one, he finds fault with the House Democrats' strategy of sending over the Articles to the Senate too quickly and, in the other, with McConnell's strategy of blocking witnesses. Faris describes the latter as a "rare blunder" for the Republican leader and explains why. I disagree with him on the latter, as he and I discuss what all of this may now mean for Republicans, for Democrats, for the President and for the voters who will kick off the 2020 Presidential Election in Iowa this coming Monday.

"I don't know that there's anybody who could look at the Senate this week and say that a fair trial happened here," Faris tells me. "What McConnell did was he handed Democrats a bat to beat them with for the next eleven months about the legitimacy of the trial in the Senate."

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Day two --- the final day --- of the Questions phase in the Senate Impeachment Trial of Donald John Trump was perhaps best characterized by lead House Manager Adam Schiff on Thursday, when he described the new defenses offered by the White House Counsel's team as "a descent into Constitutional madness" and "the normalization of lawlessness." Those comments were echoed by the former chair of the Federal Election Commission, who joins us on today's BradCast. She called Trump's new line of defense as "insane". [Audio link to show is posted at bottom of article.]

On Wednesday, the first day of written Questions from the U.S. Senators, as read to both legal teams by the Chief Justice of the Supreme Court, Trump's defense attorney Alan Dershowitz made an extraordinary argument: "If a President does something which he believes will help him get elected, in the public interest, that cannot be the kind of quid pro quo that results in impeachment." He went on to offer an analogy. "If a hypothetical President of the United States said to a hypothetical leader of a foreign country, 'unless you build a hotel with my name on it, and unless you give me a million dollar kickback, I will withhold the funds'." That, he said, would be an "easy case" and "purely corrupt". However, he continued, a more complex case was one where a President says: "I want to be elected. I think I'm a great President. I think I'm the greatest President there ever was and if I'm not elected the national interest will suffer greatly. That cannot be an impeachable offense."

In other words, he seemed to argue, it's just fine for a President to solicit a foreign power for help in an election (which is a violation of the law), so long as he or she believed it was in the best national interest for him or her to be elected. Dershowitz has spent a lot of time since those remarks, on Twitter and elsewhere, attempting to defend himself by saying that he did not say what he said. But he absolutely did say it, and so we share audio of some of his extended argument saying as much today, so you can hear it for yourself.

It wasn't the only way in which Trump's team of defense counselors moved the goal posts to accommodate his well-documented Abuse of Power, the basis for the first Article of Impeachment against him. Deputy White House Counsel Patrick Philbin on Wednesday astonishingly charged that "mere information" about a political opponent, even from a foreign source, "is not something that would violate the campaign finance laws."

“Apparently it’s okay for the President to get information from foreign governments in an election," House Impeachment Manager Zoe Lofgren responded with alarm. The California Democrat who worked on the Judiciary Committee during the Nixon Impeachment added, "That's news to me!" The new lines of argument from the President's team is what led Schiff to charge Trump's defense has become "a descent into Constitutional madness," adding "that way madness lies," before citing a similar, then-rejected defense from Richard Nixon who claimed "when a President does it, it's not illegal," before he eventually resigned the Presidency in disgrace. "Have we learned nothing in the last half century?," asked Schiff in response to Dershowitz today.

We share all of those assertions and counter-assertions today, before we turn to someone with no small amount of authority on all of this, ANN RAVEL, who served four years on the Federal Election Commission and as its Chair for two years before leaving her post in 2017. Prior to that, she chaired a similar state commission overseeing campaign finance matters in California.

"There are so many things wrong with [Dershowitz'] argument it's hard to know where to start," she tells me, charging that the claim that a quid pro quo is "somehow justified because it's important for the nation is ridiculous. It would be like saying, for any elected public official, that because it's so important for them to be re-elected that they can commit any criminal act. That's not what the framers of the Constitution intended with regard to the Presidency, and it's exactly why they have the laws relating to impeachment procedures."

"The law does not have an exception for people who think they are so important, that their worth is necessary for the whole country and therefore they can act with illegality and with impunity," she opines, before similarly torching Philbin's argument that there is nothing unlawful about soliciting a thing of value from a foreign power --- an express violation of campaign finance law.

Ravel, who is currently running for office herself in the California State Senate, laments the fact that "there is no FEC in existence now" with only three members currently seated on the six-person panel, and at least four required for a quorum to vote on enforcement of federal law. Similarly, she warns that Trump's Attorney General Bill Barr, responsible for overseeing criminal violations of campaign finance regulations, "is not acting as an Attorney General who would act with integrity to enforce the laws fairly and evenly. Instead, he seems to be biased in favor of assuring that he supports this President, so he remains in office I presume. As a result, we do not have any enforcement whatsoever of campaign finance laws."

Ravel offers alarming insight and a grim assessment as voting in the critical 2020 Presidential election begins just days from now in Iowa. "This is like sending a flare up indicating it's open season for illegality in our electoral process," she warns, along with many other thoughts, including on what she has come to learn about elections now that she is on the other side of the issue as a candidate herself. Running for office, Ravel tells me, has led her to be believe that "more constraints" are needed on electoral campaign finance, not less. She would like to see publicly financed elections in the future.

Finally today, we're joined by Desi Doyen for our latest Green News Report, with a few encouraging signs (though not nearly enough) on how some institutions are attempting to step up and deal with our worsening climate crisis, both in the U.S. and around the globe...

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On today's BradCast: The President's defense team wrapped up their Opening (and, they hope, Closing) Argument in the Senate Impeachment Trial of Donald J. Trump on Tuesday, even as we are now less than one week away from the official start of the 2020 Election season with worries about the integrity of the Iowa Caucuses, set for Monday night, February 3rd, now looming. [Audio link to show follows below.]

We break away momentarily, for the first half of today's program, from our ongoing coverage of the Impeachment Trial to cover some issues of concern for some, regarding the Iowa Caucuses and an arguably more troubling development regarding an election that is now underway in Washington state. First to Iowa, where Bernie Sanders is now said to have taken a slight lead, according to most of the recent polling in the Hawkeye State, over his nearest competitors, Joe Biden, Pete Buttigieg and Elizabeth Warren. At the same time, a number of listeners have written to express concerns about a smartphone app developed by the state Democratic Party to help report results quickly to Party headquarters on Caucus night.

We discuss the way Democrats caucus in Iowa, what this app --- developed by the state Party in secret --- is supposedly designed to do to assist in the otherwise-open Democratic caucus process, and the worries that some have about the possibility of this new app being hacked to report inaccurate caucus results on Monday night. (Misreporting of Caucus night results has caused problems in the past, at least for Republicans.)

Of far greater concern, however, is an election underway right now in the Seattle area where more than a million voters are eligible to cast their vote via the Internet for the first time on either a computer or smart phone. The first-of-its-kind online election will fill a vacancy on the board of the obscure King Conservation District, responsible for managing natural resources in King County, Washington. The online voting is being carried out in partnership between the County's Board of Elections and a nonprofit named Tusk Philanthropies, headed up by a venture capitalist and Democratic political strategist by the name of Bradley Tusk.

The landmark pilot election comes despite a years-long, nearly-unanimous consensus from cybsersecurity experts (we've interviewed tons of them over the years on The BradCast) that the Internet is nowhere near secure enough for public elections. It also comes in the wake of last Summer's bipartisan U.S. Senate Intelligence Committee's report finding all 50 states were targeted by Russia during the 2016 election, and the panel's recommendation that "States should resist pushes for online voting".

While she has no oversight of this particular election, Washington's top election official, Secretary of State Kim Wyman, a Republican, opposes the King County effort and hopes to roll back the use of electronic ballots in the state, charging (correctly!) that the Internet is "too risky for voting". Nonetheless, Tusk, King County Elections Director Julie Wise, and a Seattle company named Democracy Live are barreling ahead with this disturbing experiment that is set to further poison the all-too-quickly disappearing idea of publicly overseeable elections in the U.S.

You have been warned. Again.

Then, its back to impeachment today, at the end of Tuesday's brief, two-hour wrap up of the President's case in the Senate. Trump's attorneys argued largely that the President did nothing wrong, and even if he did, it's not impeachable, because the dispute boils down to little more than a "policy disagreement" between Democrats and the White House. Impeachment over such matters, Trump's bombastic TV/radio lawyer Jay Sekulow and White House Counsel Pat Cipollone argued, sets a dangerous precedent by lowering the bar on future Presidential impeachments.

But the biggest looming question over the U.S. Senate at the moment is whether four or more Republican Senators will agree to call for witnesses when they vote again on the matter later in the week, following two days of written questions for the attorneys on both side. The issue that has turned the Republicans' previous plans for a quick acquittal on its head is the reported bombshell claims by Trump's former National Security Advisor John Bolton, in the manuscript of his still-unpublished new book, that Trump did exactly what he is being accused of in the first of the two Articles of Impeachment. That Article charges Abuse of Power by Trump for withholding nearly $400 million in military assistance to Ukraine in order to force them to help Trump in his reelection bid by announcing an investigation of Joe Biden and other Democrats.

Bolton's explosive disclosure, first reported on Sunday night by the New York Times, has reverberated ever since, with Trump's former Chief of Staff, General John Kelly, asserting on Monday night that he believes Bolton and agrees he should be called in as a witness for the trial against his old boss. The shake-up also comes as a new national poll out on Tuesday afternoon from Quinnipiac finds that registered voters by an astounding margin of 75 to 20 percent, agree that witnesses should be allowed to testify. The tally includes nearly half of Republicans and an astonishing 75 percent of Independent voters. According to the new survey, more than half of those polled believe Trump "is not telling the truth about his actions involving Ukraine"; should "provide more details" about it; has "abused his power" in the matter; has "obstructed Congress" in the bargain; and that the "withholding of U.S. aid to Ukraine was not justified". All of which has left Republicans reeling in a panic to find the votes needed to block witnesses in the trial. But they're still trying, and will likely have until Friday to pull it off.

Finally, Desi Doyen joins us for our latest Green News Report, filled with several ongoing plagues, catastrophes and warnings of nearly biblical proportion...

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"Can I get a witness?" That appears to be the big question, at the moment, for Democrats in the historic U.S. Senate Impeachment Trial of President Donald John Trump. On today's BradCast, we offer special coverage of the beginning of the trial, which, at least for today, is turning out to be a trial about whether there will be a real trial or not, with evidence, documents and witnesses, as Republican Majority Leader Mitch McConnell and his caucus seem prepared to do everything in their power to ensure there will not be such an actual trial. [Audio link to show is posted below.]

Before we get to today's action in the Senate, we bring you up to date on the holiday weekend's pre-trial briefs presented by the Democratic U.S. House Managers, who are serving as prosecutors for Trump's two Articles of Impeachment on Abuse of Power and Obstruction of Congress, and the brief responses filed by the White House defense team.

Newly added to to Trump's legal team is hypocritical TV attorney Alan Dershowitz, who spent his weekend arguing on the Sunday news shows that the Articles were invalid because they did not include a specific crime. "You need proof of an actual crime," he argued. That, by way of contrast with Alan Dershowitz in 1998 during the Bill Clinton impeachment when he argued, literally, "it certainly doesn't have to be a crime" that qualifies a President for impeachment.

Trump's 6-page response to the Impeachment Managers 111-page brief describes the Impeachment as a "brazen and unlawful attempt to overturn the results of the 2016 election and interfere with the 2020 election" (which is what he is actually accused of doing in the Articles for which he is being impeached), and as "nothing more than a dangerous attack on the American people themselves and their fundamental right to vote." That's right. Donald Trump is now pretending to be concerned with the "fundamental right to vote." That, in the middle of an impeachment trial where he is accused of attempting to cheat in his 2020 reelection contest by withholding hundreds of millions of dollars in Congressionally-allocated military aid for war-torn Ukraine in hopes of forcing them to create dirt he can use against Joe Biden and other Democrats.

Tuesday's opening agenda was on the adoption of McConnell's proposed rules for the trial that would postpone votes on whether to include witnesses and documents previously blocked by the White House during the House's initial impeachment inquiry (the basis of Article 2's Obstruction of Congress charges) and even evidence gathered during the House Inquiry itself. Under McConnell's resolution, both sides would spend days in opening statements, and then take as many as 16 hours of written questions from Senators before they even vote on whether to allow witnesses or not. Legal observers have noted that is the opposite of how actual trials are carried out.

We share audio from today's terse opening statement by White House Counsel Pat Cipollone, followed by an extended excerpt from lead House Manager Adam Schiff on the unprecedented attempt to exclude all witnesses and documents from a Senate impeachment. No trial in the upper chamber of Congress has lacked witnesses since the founding of our nation.

As we went to air for today's BradCast (and as we write tonight), all Democratic amendments to McConnell's resolution, attempting to subpoena documents from the White House, the State Dept. and elsewhere, and for witness testimony, have been rejected along strict party line votes with all 53 Republicans voting to table the amendments, and all 47 Democrats voting to move forward with the subpoenas.

Also today, a few quick points of news elsewhere regarding the public fight to stop the controversial certification of new, 100% unverifiable touchscreen voting systems in Los Angeles County and the massive gun rights demonstration (over nothing) held on the Martin Luther King Day holiday in Virginia.

Finally, Desi Doyen joins us for the latest Green News Report, with exceedingly disturbing news about ocean warming, slightly more encouraging news about Wall Street beginning to wake up to worries about our climate crisis, and a big loss (for now) in the federal climate change lawsuit filed by a group of kids in California...

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On today's BradCast: As messy as the process of passing two Articles of Impeachment against rogue President Donald J. Trump was, the post-impeachment phase got messier still on Thursday, as Democrats stood strong --- at least so far --- in their fight for a fair impeachment trial in the Republican-controlled U.S. Senate. We've also got some important election integrity and voting rights news, along with our final Green News Report of the year. [Audio link to show follows below.]

Before we get to today's impeachment standoff, we finish out a few points from shortly after we left air on Wednesday night, including a review of the late vote on those historic Impeachment Articles in the House --- and some thoughts on Tulsi Gabbard's less than courageous vote of "present" --- as well as the surprising emergence of the backbone being displayed at the moment by House Democrats.

In a blistering response to Senate Majority Leader Mitch McConnell's repeated admissions in recent days that he is working hand-in-glove with the White House and has no intention of serving as an impartial juror in the Senate trial to decide whether the President should be removed from office, despite his Constitutional mandate to do so, House Speaker Nancy Pelosi told reporters on Thursday: "Our Founders, when they wrote the Constitution, suspected that there could be a rogue President. I don't think they suspected that we could have a rogue President and a rogue Leader in the Senate at the same time."

We do our best today to bring you up to date on the ugly and quickly moving story of what has come today from McConnell's --- and, shamefully, fellow juror, Sen. Lindsey Graham (R-SC)'s --- attempt to make a mockery of the Senate trial by rigging it in favor of the White House in refusing to allow first-hand testimony from witnesses of Trump's alleged high crimes and misdemeanors. That, despite Graham's own insistence from 1998, when he served as a House Manager for Bill Clinton's impeachment, that "in every trial that there has ever been in the Senate regarding impeachment, witnesses were called. When you have a witness telling you about what they were doing and why, it's the difference between getting the truth, the whole truth and nothing but the truth."

Those archival video-taped remarks came courtesy of an ad released on Wednesday from Republicans for the Rule of Law to call out Graham. It is in response to McConnell and Graham's refusal to allow testimony from a number of top Administration officials who were first-hand witnesses, but who failed to answer lawful subpoenas for testimony and documents in the U.S. House. The witnesses sought by Democrats and by a huge majority of Americans of all parties (including 64% of Republicans and 72% of independents) include Trump's acting Chief of Staff Mick Mulvaney, Sec. of State Mike Pompeo, and former National Security Advisor John Bolton.

Then, we move to some quick election integrity and voting rights news as the first votes in the 2020 elections are now just weeks away. In New Jersey this week, the Democratic Governor signed a bill to restore voting rights to 73,000 people across the state who are currently on parole or probation.

In Georgia, after Republican Sec. of State Brad Raffensberger was allowed to purge more than 300,000 voters earlier this week amid an ongoing lawsuit to prevent the removal of at least 120,000 of them, his office was forced to admit today that at least 22,000 had been wrongly removed due to what Raffensberger's office describes as an error in the state's screening process. The Admission came just hours before another hearing in federal court, leading plaintiff Fair Fight Action to demand that "every voter purged this week" should be "reinstated immediately."

We also have a quick update on the recent internecine battle at e-voting watchdog VerifiedVoting.org after the courageous resignations of now two well-respected members of their Boards of Directors and Advisors. (We interviewed the first of those to quit, Prof. Philip Stark of UC-Berkeley on a BradCast last week, after which the resignation of the second, Prof. Rich DeMillo of Georgia Tech --- who we have also interviewed a number of times --- was made public as well.)

The public resignations were in response to Verified Voting's disturbing years of support for 100% unverifiable touchscreen Ballot Marking Device (BMD) voting systems now proliferating the country in advance of the critical 2020 elections, and their frequently misleading information about how post-election audits could be used to verify results on such unverifiable systems. This week, the group finally responded to the embarrassing and costly pushback they have been receiving from Election Integrity advocates.

There were also two very important stories published this week on the very serious concerns about e-voting systems in advance of 2020. The first, "How New Voting Machines Could Hack Our Democracy," by attorney and Twitter activist Jenny Cohn at New York Review of Books, is a disturbing and encyclopedic exposé on the dangers and failings of BMDs, the Election Integrity groups such as Verified Voting who have failed to adequately warn against their use in American elections, and the private vendor/election official revolving doors and payoffs that have brought us to this perilous moment.

The second investigative article, out today from NBC News, reviews the shady ownership and shadowy manufacturing processes that runs through China and the Philippines at the nation's largest electronic voting company, Elections Systems & Software, Inc. (ES&S) of Omaha, Nebraska.

Finally, Desi Doyen joins us for the latest Green News Report (our last one of the year!), with more disturbing news out of Australia, more bad news for our oceans, troubling news about the disturbing high costs of fracking and, shockingly, some kind words about global financial services behemoth Goldman Sachs!...

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

• At least four were killed and dozens injured as some 27 tornadoes reportedly ripped across the Deep South causing "total chaos" on Monday and Tuesday. In December. Is that normal?;

• DNC Chair and former Labor Secretary Tom Perez steps in to help resolve a labor union dispute at Loyola Marymount University in Los Angeles that had threatened to derail Thursday's 2020 Presidential Debate. Now, it won't. And the union workers got a great deal out of it;

• Nine Democratic Presidential candidates, led by Sen. Cory Booker (who did not qualify for Thursday's debate), petition the DNC to relax qualification thresholds for upcoming Presidential debates. The Party says it won't;

• Another former Trump campaign officials is heading to jail. Rick Gates, Trump's former Deputy Campaign Chair and a top Transition official, receives 45 days in jail, three years of probation and a $20,000 fine for fraud and lying to federal investigators --- to which he pleaded guilty last year. His sentence comes despite prosecutors seeking no jail time after Gates had cooperated with federal officials in Robert Mueller's Special Counsel probe, by helping to to secure guilty verdicts against Trump Campaign Chair Paul Manafort and longtime Trump associate Roger Stone;

• Donald Trump unleashed a bizarre, blistering, six-page, single-spaced, Donald Trumpian rant, disguised as a letter to House Speaker Nancy Pelosi [PDF] on Tuesday, decrying his looming impeachment as a "perversion of justice" by Democrats. The jokes seem to write themselves here, but for how pathetically sad, dangerous and threatening to our Constitutional order the behavior of this President of the United States now actually is;

• That threat continues to spread to Congress, where the House Rules Committee on Tuesday set terms for Wednesday's House Floor debate on the two Articles of Impeachment against the President, as Rep. Jim McGovern, Chair of the Committee said he looks at Trump's attempt to use Ukraine to help him win the 2020 election as "a crime in progress", with Democrats "trying to prevent the President from rigging the next election";

• While over in the Senate, Republican Majority Leader Mitch McConnell refused a request from Minority Leader Chuck Schumer to subpoena the testimony of four top Trump officials who were first-hand witnesses to Trump's Ukraine extortion plot. The officials, whose testimony is sought for the almost certain upcoming impeachment trial in the Senate --- in which Senators are supposed to serve as impartial jurors to determine whether Trump should be removed from office --- include Chief of Staff Mick Mulvaney and former National Security Advisor;

• As McConnell continues to rig the Senate trial on behalf of Trump, Plan B for the removal of this President involves the ballot box. There too, Republicans are attempting to rig next year's election results. In Wisconsin, which Trump reportedly won by just 23,000 votes in 2016, a Republican-appointed Circuit Court Judge ordered the removal of more than 200,000 voters from the voting rolls before the 2020 election. The voters were previously set for removal in 2021 as the Wisconsin Elections Commission had planned, and as the League of Women Voters had argued in favor of. A rightwing group sued to have them removed before 2020 instead, and the GOP-appointed judge agreed. Dems vowed today to re-register them;

• In Georgia, a federal judge allowed the purge of more than 300,000 voters identified by the Republican Sec. of State for moving or failing to vote in recent elections. But voting rights advocates argue that approximately 120,000 of them should not be on the list at all. The judge allowed the mass removal to move forward on assurances from the state those voters can be quickly restored after further hearings on the matter;

• But, it's not just rightwing controlled states where voter registration concerns are rearing their ugly (if expected) head before 2020. Due to what is being described as a "computer glitch" related to the state's new, automatic registration system, as many as 100,000 voters in California may have had their party preference incorrectly changed on their registration files in advance of next year's upcoming March 3rd Presidential primary. The state's rules for who can vote in which party primary are particularly confusing. So, its a very good idea for residents who believe they are registered to check their registration at VoterStatus.SOS.CA.GOV to make sure they are still registered, and for the party they think they are. Those who are registered as permanent "No Party Preference" vote-by-mail voters but who wish to vote for a Presidential candidate in a party primary on March 3rd, will need to make that request with their County Registrar very soon or will receive a vote-by-mail ballot with no Presidential candidate options!;

• Finally, Desi Doyen joins us for the latest Green News Report, as the U.N. climate talks in Madrid end without an agreement, but with much disappointment and rancor, thanks in no small part to sabotage by the U.S., and a new report finds the Greenland ice melt is on track for scientists worst case-scenario predictions of catastrophic sea level rise by the end of the century.

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

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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!...

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On today's BradCast, we open up the phone lines to listeners to get their takes on where they are on impeachment following Week 1 of public hearings in the U.S. House Intelligence Committee. [Audio link to show is posted below.]

But first, before we go to the phones, a few news items of note from over the weekend and into today, including...

• In Louisiana on Saturday, Donald Trump lost yet again, with Eddie Rispone, the Republican candidate for Governor that Trump rallied bigly for --- three different times over the past five weeks --- going down to the state's Democratic Gov. John Bel Edwards (according to Louisiana's 100% unverifiable touchscreen voting systems which are shamefully used across the entire state.) The embarrassing loss for Trump and Republicans in the Deep South was his second in as many weeks after he also campaigned hard for Kentucky's Governor Matt Bevin. He lost in that state to Democrat Andy Beshear the week before last. If Trump is counting on support from Republican voters in red states --- during his impeachment or his re-election next year --- he could be in for some surprises based on the reported results of this year's off-year elections. Republican U.S. Senators on the ballot in "red" and swing states may also be looking very closely at these statewide results when considering whether to vote for or against Trump's removal in an impeachment trial in the U.S. Senate next year;

• The American Carnage that Trump pretended to promise to end continues apace, with yet another mass shooting on Sunday. The latest was at a football watch party in Fresno, CA where 10 party-goers were shot with 4 of them killed. The shooter(s) remains unknown and at large;

• Late on Friday, Trump granted clemency to three military members accused or convicted of war crimes, including murder, in Afghanistan and Iraq. In addition to the pardons, he ordered that one of them be promoted, sending a clear signal that the American Carnage will continue;

• And, as the walls close in around Trump, the President of the United States attacked yet another impeachment witness on Twitter over the weekend. This one, Jennifer Williams, is a senior staffer for Vice President Mike Pence who referred to his strong-arming phone call to Ukraine's President as "inappropriate". Trump called her, baselessly, a "Never Trumper". But impeachment and removal of the President is getting more popular, according to a new poll from ABC News/Ipsos with a majority now in favor. And the worst is still to come for Trump as 9 witnesses, including Williams, will be testifying on the Ukraine bribery scandal in open hearings this week, and much of that testimony --- as we break down in detail today --- is expected to be both explosive and quite damaging to the President (who is also now reported under investigation by House legal counsel for lying to Robert Mueller in his written testimony during the Special Counsel's probe of alleged Russian interference in the 2016 election and Trump's multiple attempts at obstructing the inquiry.)

Then, we open the phone to callers for the rest of the hour, in order to try and get a read on whether the first week of public impeachment hearings has moved them --- one way or another --- on the matter. While most of our callers say they were in favor of impeachment before it began, they are now even more so following last week's hearings. But a few of them were opposed to impeachment and still are. They offer a few humdingers as to why. I can't adequately summarize those calls and those excuses here, so I won't even try. Tune in and enjoy!

And buckle up for much more BradCast impeachment special coverage in the days ahead...whether you --- or we --- like it or not!...

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