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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The walls are closing in very quickly now --- even throughout our hour today --- on the man who President-elect Joe Biden correctly, if generously, described today as "not fit to serve" and "one of the most incompetent Presidents in the history of the United States of America." As we go to air, Donald Trump is still in office. We can't tell you for certain if that will still be the case by the time you hear today's BradCast. [Audio link is posted at bottom of article.]

On Thursday night, U.S. Capitol Police officer Brian Sicknick succumbed to injuries sustained during the attempted coup at the Capitol on Wednesday, as incited by Trump. He was the fifth person to have died amid the mayhem wrought by our outgoing criminal President. Sicknick's death, which Trump didn't bother to mention today, may add yet another crime --- conspiracy to incite murder or manslaughter --- to Trump's quickly growing rap-sheet.

On Friday morning, House Speaker Nancy Pelosi issued an ultimatum. Either Trump resigns now or new Articles of Impeachment will be filed on Monday. That, as the Administration rats continue to flee his sinking ship, with more resignations and the welcome news that sore loser Trump will not attend Biden's inauguration and plans to leave D.C. as of the day before. "Good riddance," we say, in echoing the two word statement issued by the American Federation of Teachers last night upon the news that Education Secretary Betsy DeVos was also quitting (though only after four convicted murderers and war criminals who worked for her brother received Presidential Pardons.)

More on Trump's growing legal perils and calls for accountability with my guest today, but first a few words on the news that Dominion Voting Systems has filed a $1.3 billion lawsuit against Team Trump attorney  and his fellow perpetual liar and con-artist Sidney Powell. The private voting systems vendor charges Powell led a campaign to spread "wild" and "demonstrably false" claims about the company, including lies about their voting systems being developed with communist money in Venezuela by the late Hugo Chavez and, with the help of George Soros and China and Cuba, being used to steal the election for Biden.

(Her absurd Venezuela/Chavez claims are bastardized and re-imagined versions of my detailed, accurate, exclusive investigative reporting at The BRAD BLOG from approximately 2008 to 2010. And, while I've been wildly critical for many years of Dominion's unverifiable voting systems, as deployed by Georgia's Republican Sec. of State, there is nothing to support Powell's fantastical claims, including her evidence-free assertions that the state's SoS and Governor received kickbacks from the company to deploy their machines in the Peach State, for the first time, in 2020.)

Dominion, which previously warned they were likely to sue for slander and defamation if Powell did not retract her false claims (she refused and "doubled down" instead, according to the 124-page complaint [PDF]), also has sent similar warnings to other Team Trump liars such as Rudy Giuliani, Fox "News", Newsmax and One America News. They suggest they may even sue Trump himself. We'll hope they do, even if I'm called to testify by the private election vendor which should have no place in our public election system.

But, for now, according to our guest today, Constitutional expert and former federal prosecutor BEN CLEMENTS, Board Chair and Senior Legal Advisor of the non-partisan government accountability group, Free Speech for People (FSFP), it's accountability for the "seditious" President of the United States that is of the greatest immediate concern.

Clements, along with FSFP's  John Bonifaz and Ron Fein, filed an op-ed in the Boston Globe on Tuesday --- the day before the Trump-instigated insurrection at the Capitol on Wednesday --- calling for Trump to be immediately impeached for a second time.

"At the time we wrote the op-ed, we were only dealing with the first major set of felonies that the President committed this week, in the effort to falsify the Georgia election results in his favor," he tells me today, referring to last Saturday's phone call by the President to GA's Sec. of State, cajoling and threatening him to "find" enough votes to steal the election for him there. (Yes! That was just this past week as well!) "At this point, we obviously have a second set of felonies in connection with his incitement of a seditious mob on Congress, which creates an even greater urgency."

But the reason Clements is calling for a second impeachment this late in Trump's term is because, as he explains: "There is really, for the most part, only one sure way to ensure that Donald Trump is not permitted to again run for office in this country...And that way is through the impeachment power.   If the Senate convicts, an official can be removed, but they can also be disqualified from ever holding federal office again. Aside from removal, which is now needed more urgently than ever, there is the need to disqualify him, to prevent him from running in 2024, or from running for anything else at any time in the federal government."

With just 12 days left before Biden's Inauguration, is there even enough time for such a proceeding?  As Clements, who authored a book with Bonifaz and Fein called The Constitution Demands It: The Case for the Impeachment of Donald Trump, details that impeachment and a Senate trial can happen even after an official is out of office. Indeed, as he (and his op-ed) recounts, there is even historical precedent for it.

We also discuss whether the Constitution allows for a Presidential self-pardon, whether Trump will try to execute one, whether lawful or not, and as FSFP called for yesterday, the need for Joe Biden's Attorney General-designate, Judge Merrick Garland, to immediately empanel an independent task force, once confirmed, to coordinate and investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."  Clements argues that, without public pressure, Democratic Administrations have had a tendency in the past, when taking office "after a corrupt and sometimes lawless Republican administration" to make a "a quick call to 'turn the page.'"

"We are hearing those calls broadly already," he says. But "if we really want to move forward, if we really want to restore the integrity of the Department of Justice, there must be accountability for the crimes of this Administration and particularly of Donald Trump. And there must be accountability for the destruction that he created to our democracy and to the Department of Justice. The reason we're calling for this is there is a risk that there will be this temptation to say 'he's out of office and let's move on.' And I think that would be a GRAVE mistake that will invite more lawless activity, that will invite more of the kind of activity that we saw on Wednesday with the attack on the Capitol."

As we chatted, news came in that Alaska's Republican Senator, Lisa Murkowski, is now calling for Trump to resign, declaring "I want him out" and threatening to leave her party if they continue to align with him. And Twitter finally did the right thing (years belatedly) by permanently banning Trump, citing the risk of further incitement of violence.

It's going to be a very dark weekend for Trump. But, for us, we close a dark week today with a long overdue, brand new and hilarious parody tune for the seditious moment, from the great Randy Rainbow! Enjoy!...

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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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After a not-nearly-long-enough break, The BradCast is back for the new year, when everything will be entirely better than the old year, right? Well, if the last several days of insanity that we now refer to as "news" is any indication, the answer is: "Not so much!"  It will be impossible to adequately cover all we discussed on today's program in today's summary. But, we'll give you the basics here and hope you tune in for the full story. [Audio link to full show is posted below summary.]

While we were off, both houses of Congress overrode Donald Trump's ridiculous veto of the "must-pass", $780 billion National Defense Authorization Act to fund the military for another year. But GOP Senate Majority Leader Mitch McConnell was nonetheless successful in preventing Americans from receiving $2,000 pandemic checks, despite best efforts of Democrats, a tiny, uninspiring handful of Republicans, and even Trump himself. That, as the nation clocked an unfathomable 350,000 COVID deaths, which is the equivalent of blowing up about 17 sold-out NBA arenas and killing every single person in every single one of them, or 115 9/11s over the past 10 months in the U.S.

With that, the new 117th Congress convened for the first time on Sunday, with a narrow majority for Republicans in the Senate (pending Tuesday's two U.S. Senate runoffs in Georgia) and with a narrow majority for Democrats in the House, where they elected Nancy Pelosi as Speaker for another two years.

Despite all of that pretty big news, it all seemed to pale in comparison to Donald Trump's ongoing electoral death rattle. With concerns about how our unstable President may react as his days in office dwindle, every living former Defense Secretary (10 of them, Republican and Democratic, including the two fired by Trump and even Dick Cheney, who was apparently concerned enough that he reportedly led this effort), published a short, sharp group op-ed, making it crystal clear that any "efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory," and that "civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic."

Even as that was being published on Saturday, Trump was on the phone for an unhinged hour with the Republican Secretary of State of Georgia, haranguing, threatening and cajoling him to change the state's Presidential election results to award the state's electoral college votes to Trump. We play part of that call, which may have been in violation of both state and federal laws, on today's show. We do not do it justice. The Washington Post has published the full bonkers audio and transcript, including Trump's long-ago debunked fraud claims and repeated false assertions that he won the state by about a half million votes (he lost it by about 12,000) and that he just wants "to find 11,780" votes to "win" the state.

The news of that madness came on Sunday, as Georgia will have it's last day of voting in two U.S. Senate runoffs to determine partisan control of the Senate for the next two years on Tuesday, and as the new Congress meets in a joint session on Wednesday, January 6th, to affirm (or not) the results of Biden's Electoral College victory over Trump by a seemingly comfortable 306 to 232 margin.

Over the weekend, however, more than a dozen Republican U.S. Senators led by 2024 hopefuls Josh Hawley of MO and Ted Cruz of TX, announced they intend to challenge the Electoral College results on Wednesday during what is normally a pro forma procedural affair presided over by the President of the Senate (Vice President Mike Pence, in this case).

And this bring us to crux of where we are and what could happen on Wednesday, as Republicans continue to claim --- through failed lawsuits and other protests --- that the Electoral College Act (ECA) of 1887, which has determined the procedure to be used on Wednesday for about 150 years and 33 Presidential elections without question, is somehow a violation of the Constitution's 12th Amendment.

If Republicans can figure out how to make this argument on Wednesday --- with Pence potentially holding the reins to help them --- we could find ourselves in a Constitutional quagmire leading to....lord knows what.

We're joined today to help explain all of this madness by longtime election integrity advocate, election law scholar and democracy activist, PAUL LEHTO. He argues that, despite so many claims to the contrary (by many of the same folks who said that Trump could never become President back in 2016, by the way) there is, in fact, still a "path" for Trump and his Republicans to steal the election from Biden on Wednesday.

Tune in for the details, but it has to do with how the 12th Amendment says that questions about the validity of Electoral Votes should be dealt with (via a one vote per state vote in the U.S. House), versus how the ECA handles such challenges (with a regular, up or down majority vote in both houses needed to support such a challenge.)

Why is this even a question at this point? Lehto explains in detail.

He also cites the lesson that we should learn from all of this madness: "What we should learn is that what you and election integrity activists have talked about now for decades is coming home to roost," Lehto explains. "And that is that a big, big part of this is the inherent uncertainty when votes are purely processed through computers. Nobody really knows --- until there's a hand recount --- what the result is, and partisan people can attach to that uncertainty and that doubt any theory that they wish to in order to keep hope alive."

"So we need a voting system that leaves no doubt as to that result . And in order to have that you have to have transparency," he says, adding: "Basically, this is all the chickens coming home to roost, in terms of our non-transparent voting system."

There's more. But, again, you'll need to tune in for it. Happy New Year?...

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Our long national nightmare may be over in about 28 days...but it ain't over yet. Not by a long shot. And, as detailed on today's BradCast, it's becoming more unnerving by the second, with Donald Trump's mental health seemingly devolving rapidly with each and every one. [Audio link to show is posted below.]

Curiously, corporate media are sounding more and more like The BradCast with each passing day. Among the stories underscoring that point as Trump's days in the White House continue to wane (whether he is able to admit that out-loud or not)...

• CNN's Stephen Collinson on Trump's "30-day reign of destruction on the way out of office";

• "Trump turns on everyone," reports Jonathan Swan at Axios. "Everyone" now appears to include "Vice President Pence, chief of staff Mark Meadows, White House counsel Pat Cipollone, Secretary of State Pompeo and Senate Majority Leader Mitch McConnell." (With a hat-tip to Lincoln Project, for their video getting inside Trump's head regarding Pence);

• Pentagon Correspondent Barbara Starr reports anxiety is rising at DoD, with one officer telling her "We don't know what he might do" in these final days. They were particularly alarmed after talk from disgraced and pardoned former National Security Advisor, Lt. General Michael Flynn's call for Trump to invoke Martial Law and order the military to "re-run" the election in some states that Trump lost. The military, according to Starr, wants nothing to do with any of it. We hope her reporting is accurate;

• Amid all of this, Trump unleashed another wave of Presidential pardons for his friends and the friends of his friends on Tuesday night. This time for 4 war criminals charged with murder for carrying out a massacre of Iraqi civilians while employees for Blackwater, the mercenary company owned by Eric Prince (brother of Trump's Education Secretary, Betsy DeVos); 3 corrupt, felonious Republican former Congressmembers (including the first two members of Congress to endorse him, Chris Collins of NY and Duncan Hunter, Jr. of CA); and 2 Campaign staffers who plead guilty to felonies tied to the Robert Mueller Special Counsel probe into Russian interference during the 2016 election. (And, after getting off air tonight, Trump has issued still more pardons for still more of his friends, including for his former campaign manager Paul Manafort, former campaign advisor Roger Stone, and for Charles Kushner, father of his son-in-law Jared, all convicted of multiple felonies);

• But wait, there's more. Much more! During an unhinged, pre-taped White House video posted to Twitter last night, Trump threatened to veto the $900 billion COVID relief bill attached to the government's must-pass annual spending bill to avoid shutting down again. The long-overdue emergency relief was finally passed by Congress after eight months of Trump refusing to participate in negotiations. He's now pretending to be upset that stimulus checks to be sent to many Americans will only be $600. Congressional Republicans and White House negotiators insisted it could be more no more than that. But Trump now suggests he may veto the measure unless payments are increased to $2000. Dems, who had been trying to increase the amount of payments for months immediately joined Trump's call. Congressional Republicans (and the two incumbent Republican Senators running in the January 5th runoffs) are apparently furious, confused, and not sure how to fulfill the demands of their Frankenstein's monster;

• And, just before airtime, Trump vetoed another long-negotiated must-pass bill, the $790 billion Military Authorization spending bill which was enacted last week by veto-proof majorities in both houses of Congress;

• That's only a taste of what, according to the Washington Post today, has now "plunged" the GOP "into open warfare over President elect Joe Biden's election victory --- with President Trump taunting Senate Majority Leader Mitch McConnell and threatening primary challenges against other Republicans, House lawmakers egging on senators to contest the counting of electoral college votes next month, and senior GOP senators rebuffing that effort as a pointless political exercise";

• All of which, as the New York Times reports today, has resulted in Trump at the "most unleashed...and...most unpredictable point in his presidency," while he is desperately "focused on the one area in which he is powerless to get what he wants: a way to avoid leaving office as a loser";

With that nightmarish backdrop, our guest today, HEATHER DIGBY PARTON of Salon and Hullabaloo joins us to explain why Trump's final days are "more frightening than Nixon's" as he "seems to be having a very public nervous breakdown."

"We knew he wasn't going to act like a normal President and be gracious and have Biden over coffee. I didn't expect that," she tells me. "But this? He's so incredibly afraid of being called a loser that he's turned himself into the greatest sore loser in world history!"

"He's clearly melting down," she adds. "As far as I am concerned, when you have a President who is melting down, who has this capacity to launch a nuclear war, we're in a very dangerous situation."

She also has a number of thoughts on where this all goes "beyond Trump," after the (theoretically) inevitable Inauguration of Joe Biden, if we manage to get there. "The rationalization of these people. The brain-poisoning...The absolutely servile Republican Party that has completely abdicated all responsibility," observes Parton. "He is the Republican party. They are part of it, if they choose to be. But there is no Republican Establishment. There's only him."

This, she cautions, is "Trump's last stand," before adding ominously: "At least, we think it is."

We've tried to touch base with Parton at many of the landmark moments throughout the nightmarish Trump Presidency (and candidacy --- she was also with us the day he descended the gilded escalator at Trump Tower to announce his run for office in 2015.) So, with all of this madness swirling and our long national nightmare before Christmas continuing, it seems like today was another perfect moment to check in with her for our last interview before standing down for the holidays. (Don't worry! Nicole Sandler will be in for us with fresh shows next week! So please stay tuned in!)

Finally, with the critical U.S. Senate runoffs in Georgia now underway, and control of the U.S. Senate hanging in the balance --- (we also discuss with Parton what the January 5 Election Day in GA could mean for the January 6 affirmation of Biden's Electoral College win in Congress on January 6) --- we close with a new tune from Patty Austin with a very important message for our friends in the Peach State: "Georgia, You're Voting for Me Too!"...

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On today's BradCast: Donald Trump's days in the White House are ending, but his response to that reality (and the reality of the most devastating hack of the U.S. government ever) is becoming more manic and desperate by the day. But at least, after nine months, Republicans have seen fit to allow some much-needed, long-overdue financial relief for sick, dying and desperate Americans as both Trump and the GOP's failed response to the pandemic has killed more than 316,000 Americans and may finally be catching up to them politically.

There was reportedly shouting and chaos --- even more than usual --- at the White House over the weekend, as Trump and his clown car friends and attorneys met to propose last gasp efforts to somehow steal and/or undermine the 2020 election. Trump's disgraced former National Security Advisor Michael Flynn --- recently pardoned by Trump for lying to the FBI --- is said to have called on the President to declare martial law to allow the military to re-run the Presidential election in swing-states that Trump lost; Team Trump attorney and professional conspiracy theorist Sidney Powell sought to be appointed as a Special Counsel to investigate 2020 "fraud"; and Team Trump's other corrupt, nut-ball attorney, Rudy Giuliani, reportedly wanted DHS to impound voting machines from battleground states for some reason. Trump's very Trumpy White House staff reportedly pushed back on all of those ideas, incredibly enough, and his outgoing Attorney General, Bill Barr, whose last day at DoJ is Wednesday, said in his final presser as AG on Monday that he saw no reason to appoint a special counsel and no legal grounds for the federal government to seize voting machines.

As that played out, over in the Senate, Mitch McConnell, who had refused to even negotiate with Democrats on a new COVID relief bill for the past nine months following the passage of the initial $2.2 trillion CARES Act in March, finally relented to allow another round of relief --- albeit much smaller --- to be adopted by Congress. That, following more than 16 million infections, hundreds of thousands of deaths and an economy in tatters. The $900 billion package he finally agreed to includes one time $600 payments for many Americans and extends unemployment insurance which runs out entirely by the end of the year, as tens of millions of Americans are now out of work due to the Administration's wildly mishandled pandemic. The package also includes nutrition assistance for the hungry, another round of the Paycheck Protection Program (PPP) for small businesses, money for hospitals and vaccine distribution, and even rent assistance, for the first time, among other things.

It's not nearly enough, says our guest today. But it's something, and it includes "nothing objectionable," at least for the most part. We're joined today by The American Prospect's Executive Editor, investigative financial journalist and author DAVID DAYEN, for details on the measure which he has been covering in-depth for months in his daily, indispensable "UNSANITIZED" report. Dayen explains what's in the bill and what is not, and why that is, along with why it is that McConnell even allowed the measure to come up for a vote at all after months of refusing to do so.

He argues that It's all about the January 5th U.S. Senate runoffs in Georgia, which will determine control of Congress' upper chamber for the next two years. "Mitch McConnell's Senate majority was on the line if he didn't get something done," says Dayen. "If McConnell manages to win at least one of those races in Georgia, he's going to be in control again. Joe Biden will be President, and every dollar that Mitch McConnell agrees to put into the economy is a dollar that helps Joe Biden."

"The question of how 'Not Enough' this bill is entirely is predicated on how fast we can vaccinate people," Dayen explains. "If we can vaccinate everyone by April, then we're probably going to get a rickety but sufficient bridge." But, he adds, if Biden's incoming Surgeon General is right when he noted over the weekend that "we won't get widespread availability of the vaccine until early Fall, then we're in big, big trouble. Because there's no more must-pass bills. The government is now funded through September of next year." That, Dayen notes, means that there is little if any leverage for Democrats to force Republicans to act on behalf of the American people.

"Democrats had to take out grants for state and local government relief," to get this bill passed, he tells me. "So when we get into next year, cities and states that have had these tremendous budget shortfalls, they are the ones who have to figure out how to fill that shortfall when they have no help from the federal government coming. It's likely going to result in cuts to public safety, teachers, firefighters, and public employees and not filling your potholes --- all sort of things at the local level that are going to have to be foregone because there is no money available. Mitch McConnell knows this, [and] that it could have the effect of offsetting any kind of recovery efforts at the federal level. We saw that in 2009. That stunted the overall recovery of the economy, and we're walking into it again." And with McConnell's eyes on 2022, he's likely just fine with that.

All of this underscores the importance of those two U.S. Senate runoffs in Georgia in January, and that Democrats Raphael Warnock and Jon Ossoff ought to be reminding voters every day that if they want any real relief from the federal government for the economic disasters that are almost certain to worsen due to all of this, they must elect both of them to give Senate control to the Democrats under a Biden Administration.

Finally, we've been reporting over the past week on two voting machines companies who have been threatening defamation lawsuits against Rightwing media outlets and the Team Trump attorneys who have been offering false claims that the companies were somehow involved in stealing the election for Joe Biden by flipping votes cast for Donald Trump. Last week, Smartmatic, which has no voting systems in any of the swing-states where Trump is trying to reverse his losses to Biden, threatened rightwing propaganda channels Fox "News", Newsmax and One American News Network (OANN) with defamation suits. They were sent a letter to instruct them that they would be sued if they did not retract false claims about the company, including allegations (apparently bastardized from our original, accurate investigative reporting from 10 years ago) that Smartmatic was somehow working with Venezuela's dead President Hugo Chavez and George Soros, along with the company's competitor Dominion Voting Systems in an international conspiracy to steal the election for Biden.

A day or two after Smartmatic's letter, Dominion sent a similar defamation threat letter to Team Trump attorney Powell seeking a retraction for her outlandish, evidence-free claims about the company.

On Friday then, in a bizarre segment on Fox' Lou Dobbs Tonight' --- which looked and sounded a lot like a deposition led by a disembodied off-camera voice --- Eddie Perez of the Open Source Election Technology (OSET) institute (he most recently appeared on The BradCast just a few weeks ago) answered a whole bunch of questions basically disabusing the evidence-free claims about Smartmatic that have been forwarded for weeks on Dobbs' show and many others. Reportedly Jeanine Pirro's and Maria Bartiromo's Fox shows ran the exact same segment with Perez, using almost identical introductions. The segments then led straight to commercial without comment from the hosts.

Fox is clearly terrified, and should be. As the New York Times' Ben Smith reported over the weekend, Smartmatic has retained attorney "J. Erik Connolly, who not coincidentally won the largest settlement in the history of American media defamation in 2017, for at least $177 million."

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Today on The BradCast: His days left in office only seem like years, but for Donald Trump, they are quickly waning. Trumpism, however, among the completely captured and off-the-rails Republican Party, is doing anything but. Despite the very real danger that continues to pose to the nation --- measured by hundreds of thousands of lives lost when it comes to the worsening COVID crisis, and American democracy itself when it comes to the GOP's evidence-free claims of a "stolen" 2020 election --- the corporate media continue to downplay and "both sides" the root of the nation's massive problems, my guest argues today. [Audio link to full show is posted below.]

But first up today, a few quick late breaking news items. Desi Doyen joins us for coverage of the massive snowstorm smashing records and wreaking havoc across a huge swath of the Northeast today, as well as two reported and very important climate-related Joe Biden cabinet nominations. The first is North Carolina's chief climate regulator Michael Regan, now reportedly tapped as the first African-American EPA Administrator. And the second is Rep. Deb Haaland of New Mexico, who would be the first native American Secretary of the Interior Department. Desi explains why the two landmark appointments appear to be very good news --- even if the latter cuts very close to the Democrats' dangerously thin majority in the new Congress.

Then, we're joined by longtime political media analyst and author ERIC BOEHLERT, publisher of Press Run, where he has been covering, of late, what he describes as the "media's defining failure of 2020". That includes its "bogus Both Sides narrative" on the Republican Party's utter failure to respond to the COVID crisis with a long-overdue emergency relief bill for struggling Americans and an economy on the brink of disaster, as well as madness displayed by the more than 100 Congressional GOPers who recently signed on to indicted Texas Attorney General Ken Paxton's failed SCOTUS attempt to throw out the votes of 20 million Americans in four states in order to steal the election for Donald Trump.

On those two issues of serious, existential denialism, as Boehlert detailed in a recent column, "the press has no idea how to cover it."

"In terms of election denialism, COVID fantasies, the Republican Party is a pro-pandemic party, the Republican Party is an anti-democratic party," he argues. He cites mainstream corporate media coverage which fails to clearly explain these points to the American people, as they refer instead to "Washington" being broken and "Congress" failing to do more. The result, he notes, can be found in a recent poll with a plurality of Americans blaming Nancy Pelosi for the failure to pass a new COVID relief bill, despite the Democrats passage of a $3 trillion bill in the House last Spring, and a Republican Senate led by Mitch McConnell who refused to even negotiate at all until very recently, much less allow it to come up for a vote.

"The corrupt, insane behavior, even if we just look at this election nonsense...Right after the election, I wrote about how Politico was saying, 'This is all just performance art. Republicans don't believe that Trump wants to steal the election, they're just letting him blow off some steam...everyone just calm down.' We've been told by the beltway press to calm down for four years, and the beltway press has been wrong every single time."

"CNN did a report saying, 'Republicans had no choice but to go along with Trump' as he tried to overturn election results 'because Trump controls the base,' says Boehlert. "It's all viewed as this game. No one was laughing last week when more than 100 members of Congress signed on to a lawsuit that wanted to throw out 20 million votes."

"Those 100-plus Republican members of Congress signing off on that obliterated, forever, this narrative that the press has held onto for four years that the Republican Party is privately very concerned about Trump," he argues. "They can't sleep at night because of his tweets, and gosh, they can't say it publicly. And when Trump leaves everything will be fine. Baloney! That is garbage. This is going to define the next four years. And how the press treats this radical, dangerous political party over the next four years is going to be a really big story."

He (and I) have much more to say on all of that, but before we finish up today, there is one more idea I wanted to get his thoughts on. Longtime conservative Republican strategist and John McCain's 2008 campaign manager Steve Schmidt this week announced he was joining the Democratic Party. Schmidt left the GOP some time ago, fed up with their increasing radicalism and Trump lunacy. He became an independent and helped to found The Lincoln Project which created killer videos attacking Trump and the GOP alike during the run-up to the November election (and beyond). But a number of Democrats and progressives have expressed concerns about longtime Republican "Never Trumpers" and their political influence on the party as they join forces with Democrats and what that might mean for the party's progressive future.

We share Schmidt's announcement on the show today, explaining some of the reasons for his decision to become a Democrat, and get Boehlert's take on whether this is a positive sign or troubling omen for the Democratic Party as the Biden Administration prepares to take office...

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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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Even if several multi-state legal challenges result in a federal court order directing Postmaster General Louis DeJoy to repair the damage wrought by his allegedly "illegal" sabotage of the U.S. Postal Service's mail delivery capabilities, absent significant additional funds, it's unlikely DeJoy could fully comply with that order.

The facts laid out in one of the recently filed cases and echoed in the others, along with subsequent developments, suggest that DeJoy was, at best, disingenuous when, in an August 18 formal statement [PDF], he claimed he was "suspending" his nationwide mail sorting, labeling and delivery changes until after the Nov. 3 Presidential Election.

The complaint describes how, pursuant to an Equipment Reduction Plan [PDF], Defendants removed, dismantled and/or destroyed 671 high-speed sorting and labeling machines that had a combined hundreds of millions of dollars in value. As a result, the States allege, "some major cities have already had their ability to sort mail reduced by hundreds of thousands of pieces of mail per hour." (Emphasis in original text).

On the same day that DeJoy issued his "suspension" statement, emails were submitted by Kevin Couch, the USPS Director of Maintenance Operations, informing Maintenance Managers that, irrespective of instructions from their plant managers, they must not reconnect or reinstall sorting machines that had previously been disconnected absent approval from USPS HQ.

Last Friday, while testifying before the U.S. Senate, DeJoy made it clear that he has "has no intention" of reinstalling the sorting machines, even as he claimed that election related mail would receive top priority from the Postal Service. Contrary to DeJoy's rosy predictions, however, the USPS's own Service Performance memo reflects a significant drop in overall performance which precipitated a USPS warning to 46 states that their deadlines for Vote-by-Mail ballots "might impede the timely delivery of mail-in ballots, possibly disenfranchising millions of voters"

While there's ample reason for a court to order reinstallation, absent significant additional USPS funding, which Trump opposes, it is doubtful that DeJoy could fully undo the damage even if he were ordered to do so.

VOTERS BEWARE: Do not be lulled into a false sense of security by DeJoy's "suspension" of changes at the USPS until after Election Day, or by his unsupported assurance that USPS can timely process and deliver every ballot. The wiser course, as laid out in our previously related article, is to deposit your mail-in ballots in secure, state-supplied drop-boxes (where available) or at designated drop-off locations. Check your local jurisdictions to learn what options may be available where you live. In some jurisdictions, voters can deposit their mail-in ballots at the polls either during early voting or on Election Day. In some jurisdictions, voters can link to election official websites to track the processing of their own ballots as well...

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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It's another one of those days on The BradCast when we've got more news than we can adequately handle. On the upside, much of it is actually encouraging news for a happy change! At least for those of us who have yet to give up on the idea of accountability for corrupt, very very bad people. [Audio link to full show is posted below.]

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

• The FBI served a warrant on Sen. Richard Burr (R-NC) Wednesday night, seizing his cell phone as part of an investigation into a huge number of stocks he unloaded on a single day before the stock market crashed on bad coronavirus news which he received early as the Chair of the powerful Senate Intelligence Committee and a member of the Committee overseeing health care issues. On Thursday, amid what appears to be a very serious scandal, Burr "temporarily" stepped down as head of the bipartisan Intel Committee. But there may be much more behind this otherwise seemingly good news of a Republican Senator actually being held accountable for something. We discuss;

• The federal judge overseeing the case against Donald Trump's first National Security Advisor Michael Flynn is not taking the DoJ's unprecedented recent motion to dismiss all charges against him at face value. Flynn, who twice pleaded guilty to lying to FBI officials about his contacts with Russians before Trump's inauguration and about secretly serving as a Turkish agent even while serving as National Security Advisor in the White House may not yet be off the hook. That, even after Trump's corrupt AG/fixer Bill Barr is attempting to toss two years of DoJ prosecution, without the approval of the actual DoJ career prosecutors, in hopes of keeping Trump's pal out of jail. The federal judge on the case has appointed a bulldog former prosecutor and federal judge to argue against the DoJ's new position after Barr merged it with that of Flynn's Defense team. Judge Emmet Sullivan has also asked the newly retained Judge John Gleeson to investigate whether Flynn committed perjury by lying to the court when he twice admitted lying to federal officials;

• Still more encouraging accountability news came out of a federal appeals court in Virginia today, with the Fourth Circuit reversing a ruling from a three-judge panel (of Republican-appointed judges) last year. The full en banc panel held, in a 9 to 6 ruling, that the smaller group of judges had wrongly dismissed a Constitutional Emoluments Clause lawsuit filed against Trump. The complaint was brought by the Attorneys General of Maryland and D.C., arguing that Trump's hotel in the nation's capital --- now a favorite spot of world diplomats and others seeking favor from the Administration --- violates the Constitutional prohibition against President's receiving "any present, emolument, office or title of any kind whatever from any king, prince, or foreign state" or any state in the U.S. Naturally, the DoJ is now vowing to appeal to the Republicans' stolen U.S. Supreme Court;

From all of that (potentially) encouraging accountability news, we move on to....the economy and DAVID DAYEN of The American Prospect. First, new jobless numbers from the Labor Department once again highlight the crushing toll that the COVID-19 crisis is taking on the nation's economy, with nearly 3 million having filed for unemployment last week. We have now seen two straight months of unprecedented new weekly jobless claims from 3 to 6.5 million each and every week. The previous weekly record, before this crisis, was less than one million. The official unemployment rate soared to 14.7% in April, the highest since the Great Depression, after more than 20 million jobs --- a decade's worth or job growth --- simply vanished over the past two months. Economist believe the actual unemployment rate, including those not currently looking for work or who are still unable to access overburdened state facilities to apply for unemployment --- is closer to 24%. At the same time, a new Kaiser Family Foundation report estimates that 27 million Americans have lost their employer-based health insurance due to the crisis, and Fed Chair Jerome Powell is calling for much more money to be appropriated by Congress to "avoid long-term economic damage". That, even after Congress already appropriated a record $2 trillion in stimulus and relief packages and the Fed itself has committed nearly $4 trillion to shore up companies and, in theory, the economy.

Dayen, an author and investigative financial journalist, has been documenting the stumbling Congressional responses to the crisis in his daily "Unsanitized" column and newsletter, and explains how the massive unemployment numbers we are now seeing was largely by Congressional design. He also details the state of play today for the next Congressional relief package, including a mini uprising from progressives on Nancy Pelosi's Democratic side in the House and the complete inaction on the Republican side from Mitch McConnell in the Senate and Trump in the White House. Dayen details the "laundry list of ideas" included in Pelosi's $3 trilion Heroes Act, which may come up for a vote on Friday in the House, though is unlikely to get much further as is, and a disturbing provision in the measure that would actually serve as a bailout for lobbyists and dark money groups. We debate whether that would be a good or bad idea and exactly why. (David calls it "insane", I'm not quite as certain...)

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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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On today's BradCast: Yes, it is as bad as we warned it would be. And it is getting even worse. And the way some state officials are now behaving, even upcoming elections may be unable to reverse much of this madness. [Audio link to full program is posted at end of summary.]

On Thursday, the U.S. Labor Department released gobsmacking statistics revealing that a record 6.6 million Americans filed for unemployment benefits in the past week. That follows more than 3 million doing so the week before. Both weeks blow to smithereens the previous all-time record high for weekly jobless claims since such records have been kept. That numbers was of 695,000, as set in 1982. We are quickly blowing past the disastrous economic tailspin of the 2008 Great Recession and moving into Great Depression territory.

In response, House Dems are attempting to move to another relief bill, in the form of a $2 trillion infrastructure plan to follow up last week's $2.2 trillion stimulus/corporate bailout bill. But Republican Senate Majority Leader Mitch McConnell is, so far, rejecting Democratic House Speaker Nancy Pelosi's proposal to do so, while telling her to "stand down" as the GOP does nothing instead. That, as NBC News reports today that Americans may be waiting as long as five months for the paltry $1,200 check promised them by last week's emergency relief bill.

But, of course, Congressional Republicans aren't doing absolutely nothing. McConnell has vowed to continuing packing the federal courts with unqualified judges, even among this disaster. And several GOP members of the House and Senate are proposing a bill to punish those who disseminated false information about coronavirus or who profited from it --- so long as those people are from other countries. Luckily, Donald Trump's months of repeated and purposeful and deadly disinformation that he and his Administration fed to the American people about the pandemic is all cool! So, apparently, are any U.S. Senators who may have profited from early information about the virus by trading millions of dollars of stock based on insider information, including Senators Richard Burr (R-NC) and Kelly Loeffler (R-GA). Presumably, they will not be held to account by the GOP's proposal to punish anyone who "financially benefits from acts intended to deliberately conceal or distort information about a public health emergency of international concern."

In the House, at the same time, Pelosi has announced the formation of a new bipartisan Select Committee to oversee the Trump Administration's response to the pandemic and its use of the $2 trillion allocated by last week's relief package. The committee, she says, will have subpoena power. So, if there are any questions the panel may have for members of the Administration dolling out that record amount of tax payer funds, we're certain that all of the President's men will undoubtedly respect any lawful Congressional subpoena they may receive.

Meanwhile, we continue to keep our eyes on how to help to begin to end many of these ongoing nightmares, somehow, via the ballot box. Toward that end, the Democratic National Committee announced they are postponing their national nominating convention, previously scheduled for Milwaukee, Wisconsin in July, back to August instead, in hopes that it will be possible to gather in person by that time (it likely will not be.) It would be held the week before Republicans plan to hold theirs in Charlotte, North Carolina, which Trump has vowed to hold with delegates gathered in person in the final week of August.

But, we're still in utter disbelief that Wisconsin is actually --- seriously --- going to hold their Presidential Primary, statewide Supreme Court election and municipal contests NEXT TUESDAY on April 7, despite, as we noted yesterday, the ongoing unprecedented health emergency, statewide stay-at-home order, and "a massive shortage of poll workers across the state, with more than 100 communities having no poll workers at all as of [this past Tuesday, and] an overall shortage of some 7,000 workers in 60% of the state's municipalities."

As we reported Wednesday, the only thing set to stop this madness with both the state's Democratic Governor and Republican heads of the state House and Senate also on board, is a federal lawsuit filed by voting rights advocates. Well, U.S. District Judge Mark M. Conley issued his ruling on Thursday, declining to postpone the election, while making clear that though he disagrees with the state's decision to move forward, he does not have the authority to postpone it due to a health emergency in which, he suggested correctly, residents could die. "That may be something that happens," he said during closing arguments, adding "that would be outside my jurisdiction. But it will be on the hands of the legislature and the governor."

Yes, it will. Judge Conley did, however, extend a few deadlines for absentee balloting, which has also reportedly already overwhelmed local elections officials who are having trouble keeping up with incoming ballots as well as sending out a record number of requested ballots. The Wisconsin Election Commission has already stated that it is very likely, barring a legislative change by the Republican-controlled legislature, that many votes will not be able to be counted at all in time for the state's statutory deadline. Republicans appear to be very happy about that. Conley suggested he may rule again, if voting rights are seen as imperiled on Election Day.

Finally, Desi Doyen joins us for our latest Green News Report, with the U.N. cancelling its critical upcoming climate conference due to the corona virus pandemic; a bankrupt U.S. coal company attempting to pass its obligations to retired miners over to tax payers instead; several states use the COVID-19 crisis as an excuse to pass laws criminalizing pipeline protests; and Trump's Interior Dept. keeps national parks open despite worker illnesses and their pleas to close the parks in the name of public safety...

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On today's BradCast: Avery important lesson from the coronavirus crisis for progressives and for all Americans that I hope we are all able to remember once this crisis has finally ended. [Audio link to full show is posted at end of article. Please click it!]

Britain's 71-year old Prince Charles, 71-year old Rock-and-Roll Hall of Famer Jackson Browne and 81-year old playwright Terrence McNally all tested positive. The prolific playwright succumbed on Tuesday in Florida. They were all able to get tested for coronavirus. Tens, if not hundreds of thousands of Americans still cannot. Add it to the list of national disgraces we are collectively enduring as we stay-at-home as much as possible in hopes of slowing the spread to keep our medical system from becoming overwhelmed.

That said, Senate Democratic and Republican leaders have come to an agreement on another emergency spending bill to address a bit more of the growing fallout from the global coronavirus pandemic. The bill, if allowed to pass in the Senate by four Republicans now blocking it, and if House Democrats can pass a similarly acceptable bill, will cost a record $2 trillion. That's half the size of the nation's annual $4 trillion annual federal budget, and many experts agree, there will need to be much more spending hereafter.

And yet, nobody --- not Republicans or Democrats in the Senate, House of Representatives or White House --- seems to be complaining that we don't have the money to pay for it, or that we must cut somewhere else or raise taxes to be able to afford it. It is as if, as our guest today, Stony Brook University Professor of Economics and leading authority on Modern Monetary Theory STEPHANIE KELTON notes, we are able to just "conjure into existence, in a matter of days, a couple of trillion dollars," enough money for the largest spending bill in the history of the country. And, as it turns out, she is right!

As Rep. Alexandria Ocasio-Cortez (D-NY) noted recently in response to the sudden disappearance of so-called "Deficit Hawks" on Capitol Hill: "It's actually a fascinating progressive moment, because what it's shown is that all of these issues have never been about 'how are you going to pay for it?' It's never been about whether we have the capacity to do these things. All of these excuses that we have been given as to why we can't treat people humanely have suddenly gone up in smoke. And what has been revealed is that all of these issues were really about a lack of political will and who you deemed worthy to be in an emergency or not."

Kelton, the former Chief Economist for the U.S. Senate Budget Committee, has been trying to make these points of late in Twitter threads, New York Times op-eds, and her upcoming book The Deficit Myth: Modern Monetary Theory and the Birth of the People's Economy. As she tells me today, "Congress will always find the funds to accomplish the things that it considers a priority. If that's tax cuts, then that's the priority, and the money will be there. If it's wars, that's the priority. If it's dealing with a global pandemic, then that suddenly becomes a priority."

She laments that Democrats, over months on the Presidential campaign trail, have not been able to educate the American public about these facts and how difficult it has now become --- after years of phony claims from politicians (of both parties) that the U.S. was going broke or that government should be run by the same fiscal rules that govern households and businesses --- "to disabuse people of these myths that we have heard from our politicians, pundits and reporters."

She argues "There is a time and a place for offsets. It's not a free lunch", but Bernie Sanders' call for "canceling $81 billion of medical debt is nothing. It's everything to the people who have medical debt. But from the perspective of the federal budget, it's practically a rounding error, it's so trivial. We could have done that and not offset it," she says. "The federal government's finances don't work like ours. They're not subject to the same constraints as a household or a private company. Once you get your head around that, a lot of other things follow."

"A year ago, could we have just done free college or Medicare For All or whatever? The answer is yes. Congress can write and pass any bill it chooses, period. The risk, though, is that if you don't include offsets, and you're simply authorizing these huge spending bills left and right, at some point you're going to eat up all of the fiscal space left in the economy. In other words, it's going to become inflationary. So there is a time and a place for offsets." That time, apparently, is not now, however. And she hopes that after this emergency finally passes, enough Americans will remember what happened here, how easy it was to "find" all the money when it was needed, to finally do away with the notion that endless wars and corporate subsidies and tax cuts for the wealthy are the only things we can afford to spend money on to "promote the general welfare" of the American people.

We discuss all of that and much more today, including details on what the proposed Phase III emergency coronavirus spending bill will and won't pay for, and the good news that America's Governors --- both Democratic and Republican --- seem to be rejecting our corrupt, man-child President when it comes to his dangerous coronavirus idiocy.

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