The outlook for Donald Trump appears grimmer by the day, but the systemic institutional problems that brought him to office and have now helped bring him to the brink of impeachment are of even larger concern on today's BradCast. [Audio link to today's program is posted below.]

First up, the latest in the House's ongoing impeachment inquiry, as the worm may --- emphasis on 'may' --- be turning, following Trump's Acting Chief of Staff Mick Mulvaney's nationally-televised admission that the Administration withheld hundreds of millions of dollars in Congressionally-allocated military aide to Ukraine in an effort to strong-arm the former Soviet nation into investigating Democrats and the 2016 election. Mulvaney's "confession", as House Speaker Nancy Pelosi described it, of a pretty clear quid pro quo has knocked several Republicans off their footing, as they struggle to find ways to defend the President's actions.

A number of Congressional Republicans in both the House and the Senate now appear troubled by the admission (which Mulvaney attempted to walk back just hours later) and it has led Ohio's former Republican Governor John Kasich to concede on Friday that he now supports the impeachment and removal of Trump based on the latest information.

Then, we're joined by BRENDAN FISCHER, Associate Counsel at the Campaign Legal Center (CLC) in Washington D.C., which filed a formal complaint with the Federal Elections Commission (FEC) in July of 2018, detailing serious campaign fiance law violations by Rudy Giuliani associates Lev Parnas and Igor Fruman. The Soviet-born Ukrainian-Americans were dramatically arrested and indicted at Dulles International Airport just over a week ago by federal prosecutors from the Southern District of New York, as they were attempting to flee the country with one way tickets to Vienna. Parnas and Fruman were charged [PDF] with using a fake shell corporation to illegally funnel hundreds of thousands of dollars from an unknown source to Republicans, including Trump's America First Action SuperPAC, in a successful effort to gain political power.

They also paid some $500 thousand to Giuliani --- who is working, for free, as Trump's personal lawyer --- and donated to Texas Congressman Pete Sessions, all in an effort to act on the conspiracy theories used by Trump and Giuliani to strong-arm Ukraine. As Fischer lays out in a piece at CLC detailing the backstory of the arrests of the two Trump donors, "Working closely with the president’s personal attorney, Giuliani, their efforts touched two branches of U.S. government, two presidential administrations in Ukraine, at least five countries, numerous individuals in and out of government, and, now, an impeachment inquiry into the U.S. President himself."

"The big giving opened a lot of doors," Fischer tells me. "It got them into political fundraisers where they rubbed shoulders with President Trump's inner circle. That money allowed them to build and deepen a relationship with Giuliani. And they were able to leverage that relationship in order to advance this narrative about Ukraine --- the same narrative about Ukraine that President Trump espoused in his call with Ukrainian President Zelensky, which has now led to this impeachment inquiry."

In other words, despite the ongoing mysteries behind the true source of their funding, they got a lot of bang for their campaign finance bucks used to buy influence with GOP officials and effect actual U.S. foreign policy in the bargain. But, as Fischer explains on today's program, had they not used a phony corporation to do it with someone else's money (and lied about that to the FEC), everything they did appears to be largely perfectly legal under U.S. campaign finance laws! Yes, apparently if you have enough money, you are allowed to use it to buy a major political influence operation that can directly effect U.S. foreign and domestic policy, even out of the White House.

Fischer explains how the dark money operation --- which didn't even include all that much money --- is still being unraveled by federal investigators as the probe (which could even nab Giuliani) continues and, perhaps even more importantly, how it may represent just be the tip of a campaign finance iceberg that illustrates the dangers of our disgraceful campaign finance laws in the wake of the Supreme Court's Citizens United ruling in 2010.

"The indictment makes clear that the purpose of the political contributions that Parnas and Fruman made was to buy access and to build influence with powerful political officials in order to advance their own personal financial interests," says Fischer. "But that is not what they are being indicted for. They were indicted because they laundered the funds through shell corporations and then lied about it." So, had they actually been rich dudes who used their own money for this scheme, it would have been just fine? "Yes, it would have been just a beautiful expression of their First Amendment right to free speech."

“This indictment of Parnas and Fruman is really an indictment of our big money political system. It lays out very clearly how powerful political figures operate on this cash-for-access practice. It's become entirely commonplace for wealthy political actors to buy their way into Congressional offices and into the President's inner circle. If you don't have money, your voice does not get heard in our democracy.”

Finally, longtime good government watchdog Fischer also rings in on Mulvaney's stunning announcement that the Administration has officially selected Trump National Doral resort in Miami, Florida as the location for next year's G-7 Summit of world leaders, despite the Emoluments Clause of the U.S. Constitution which strictly bans payments to the President from foreign officials --- a point that even Fox "News" (well, at least some there) appear to have a problem with as well...

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I'm still out of breath from today's BradCast, even after I had to cut a whole bunch of breaking (and not so breaking) news to make room for the sad passing of a much-beloved Congressional giant.

We begin today with the devastating news of the untimely death of 68-year old Congressman Elijah Cummings (D-MD), the larger than life Chair of the House Oversight and Reform Committee whose extraordinary 23-year legacy in Congress and decades of civil rights work before it has left an indelible mark on the nation and our ongoing fight for democracy and equal justice for all.

Next up, as support for the impeachment and removal from office of Donald J. Trump continues to build, chaos continues to unravel in the Middle East following his recent green light for Turkey's invasion of Northern Syria. Trump's approval, given to Turkish President Erdogan on a recent phone call, stunned White House aides, the Pentagon, bi-partisan members of Congress, and our Kurdish allies in the long fight against ISIS in the region.

It also led to an incredibly bonkers threat letter sent by the U.S. President to his Turkish counterpart (which was ignored); the escape of ISIS prisoners being held by the now-endangered and fleeing Kurds; Kurdish forces choosing to ally with Russian and Iran-backed Syrian President Bashar al-Assad as Turkish and Russian forces rolled onto bases previously occupied by the U.S. and the Kurds; the U.S. military being forced to bomb its own military outpost and ammo dump near the Turkish border; bi-partisan condemnation from Congress (including from Senator Majority Leader Mitch McConnell and a lopsided 354 to 60 resolution vote in the U.S. House against the Trump policy), Russia's emergence as the new power-broker in the Middle East, and a meeting between Democratic Congressional leaders and the President on Wednesday that ended with furious Democrats storming out after Trump reportedly insulted House Speaker Nancy Pelosi as a "third-rate politician" and suggesting that the Democrats were communist sympathizers in what the Speaker described as a "meltdown" after she charged that "all roads lead to Putin" with this President.

And, amidst that chaos today, after Vice President Pence and Secretary of State Mike Pompeo were dispatched to Ankara to try and clean up the mess created by Trump with Turkey, a supposed "deal" was struck for a short-term cease-fire to allow the Kurds (and U.S. troops) to retreat, while all but giving Turkey everything that it had sought on the Turkish/Syrian border for years, with the U.S. promising to lift economic sanctions against its NATO ally.

It's all even more disastrous than that, according to Trump's own former Envoy in the Fight to Defeat ISIS who calls the new U.S. policy a "disaster" and "totally incoherent", and a former FBI official who warns that Trump is "spiraling down into a dangerous posture", acting in "almost total isolation" and is now "incredibly vulnerable" to foreign manipulation. But you'll have to both tune in and buckle up for the full details. They are worse than they sound.

Finally, Desi Doyen joins us for the latest Green News Report with coverage of the lack of climate questions raised at the recent 2020 Democratic Presidential Debate in Ohio, California's latest plans to foil Trump's fossil fuel schemes in the Golden State and much more!...

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Desi and I are back on today's BradCast, after an unscheduled month-long hiatus as my otherwise very healthy 80-year old dad suffered a sudden and major stroke in mid-September before ultimately passing away a few weeks later. [That's him on the left with me in the photo. Audio for today's program is posted below.]

We share a few memories of Harvey Friedman at the top of today's show (there are many more here) and a couple of very important lessons learned both before and after his death that will almost certainly be of use to you and your family! The two booklets I mentioned on air today are Five Wishes (available via AgingWithDignity.org) and the Advance Health Care Directive (available via PrepareForYourCare.org). Both are likely to be wildly helpul to your family, should you or they find themselves in a similar situation. Please consider clicking on those links when you find some time.

Then, we're joined by the great NICOLE SANDLER of The Nicole Sandler Show who filled in for us, with absolutely no notice, over the past month (with some occasional help from Angie Coiro along the way) even as she did her own show as well nearly every damned day! Desi and I cannot thank her enough. Though we try to today.

Since Nicole filled in for us during what was clearly a very very slow news month, she gets us caught up on what we missed while we were "gone", from the Impeachment process now under way in the House in response to Trump's strong-arming of the Ukrainian President for (apparently false) dirt on Joe Biden and the 2016 election; to Trump's disturbing sudden withdraw of U.S. troops in the Kurdish-controlled areas of northern Syria (and the death and chaos and escaped ISIS detainees and new deal cut between our previously-allied and now-abandoned Kurds and the Russian-supported Syrians in its wake); to the corporate media still falling for Trump's B.S. on everything from his "new impeachment attorney", former Rep. Trey Gowdy (who doesn't appear to have been hired after all) to his new trade deal with China (which may not be a deal after all); to the latest in the 2020 race for the Democratic Presidential nomination.

After a month off the grid, we're wading gently back in today and this week with a little help from our friends. My thanks to so many of you for your kind words while we were gone, and our thanks to all of our listeners and affiliate stations for tolerating our unexpected and unprecedented absence! Hope you'll enjoy today's program as we gently get back into the swing of things...

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It's a very green BradCast today, but don't let that scare you away from hearing Bernie Sanders shout "DUUUHHH!" at Anderson Cooper. [Audio link to show follows below.]

As the twisted Trump Administration is attempting this week to roll back helpful regulations that enforce a bipartisan statute adopted in 2007 under George W. Bush that has saved millions of dollars for Americans while reducing vast amounts of greenhouse gas emissions by lowering energy bills and usage with more efficient light bulbs, Democratic 2020 Presidential contenders had a few other ideas this week. In a first of its kind, town hall devoted to solutions to our global Climate Crisis, the ten current top contenders for the Democratic nomination --- Bernie Sanders, Kamala Harris, Joe Biden, Andrew Yang, Elizabeth Warren, Beto O'Rourke, Pete Buttigieg, Amy Klobuchar, Julian Castro and Cory Booker --- were granted 40 minutes a piece by CNN to answer questions and discuss their plans in a marathon 7-hour televised event on Wednesday night.

The result, as discussed today on the program with one of our favorite, if usually very cynical energy and climate journalists, DAVID ROBERTS of Vox.com, was surprisingly engaging and informative! "I will say that what happened was a thousand times better than a debate would have been," Roberts argues, citing the DNC's refusal to allow a single-issue debate focused solely on climate, while allowing for forums such as CNN's where candidates do not appear on the same stage at the same time.

"A climate debate when they only had 30 seconds at a time would have been a shallow, ridiculous show. This event turned out a thousand times better than I expected it to be," he tells me. "I expected a super-boring cliché fest, a bunch of shallow questions and shallow, cliché answers. 'Global warming is real.', 'We need to rejoin the Paris Agreement.' While the moderators varied in quality --- and Wolf Blitzer remains an embarrassment to cable news and to humanity --- overall, it was incredibly substantive and serious, beyond my expectations. I loved it."

We do our best today to make sense of the 7-hour event given the difficulty of doing so in the time available, which seems to somewhat mirror the difficulty of taking on climate change as a whole and the difficulty candidates have in articulating meaningful answers as they attempt (some more effectively than others) to overcome the difficulty of answering questions framed by the media to reflect rightwing and/or fossil fuel industry talking points.

Roberts offers his thoughts on both the successes and failures of the CNN anchors, the candidates responses, and on the often incredibly smart and insightful questions posed by audience members. Those, he describes with delight, were often far more substantive than the questions posed by the "professionals".

As to the actual substance of how to tackle the climate crisis as offered by candidates at the forum, we discuss their thoughts on how and if nuclear energy must play a part in solutions to the climate crisis; how some of the candidates pushed back on the idea that solutions must involve painful personal sacrifice (no, driving electric cars is not a sacrifice. "We are all going to love driving our electric cars!," Yang had to explain, over and again, to Blitzer); how government mandates already effect our food supply (often, adversely, thanks to corporate, profit-driven control of government institutions); whether the Senate filibuster must be dissolved in order to ever see real action that meets the existential challenges posed by global warming; and how candidates for office must reframe so many of these issues when discussing them with public and media, given years of corporate misframing adopted by media and politicians on the left and right alike (though especially on the right).

By way of one example, in response to Yang's comment on electric cars and Blitzer's harangue, Roberts notes: "That's the whole point about electric cars --- they're better! They're more fun to drive, they operate better, they accelerate faster, they need fewer repairs. This notion that it's all sacrifice is just what Republicans want. That's how Republicans want to frame the discussion. That's how they've wanted and attempted to frame every discussion about environmental policy going back four or five decades now. That's why it's sunk in in cable news land so much. They hear that from Republicans --- who they feature on their shows disproportionately --- all the time, so it just sinks in as a kind of background assumption. But it's absurd!"

We discuss all of that and much more, including Roberts' observations --- and often delightfully snarky views --- on which candidates excelled during the town hall and which ones too often fell for the bait offered by some of the CNN moderators.

Finally today, on what we promised would be a very green program, Desi Doyen joins us for the latest Green News Report, with a bit more on the CNN Town Hall and coverage of Hurricane Dorian after the storm's two-day devastation of The Bahamas and it's current track threatening large swaths of the U.S. Eastern Seaboard....

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

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast, we open with the grim weekend news of the two gun massacres in El Paso, Texas and in Dayton, Ohio, which collectively resulted in at least 30 killed and some four dozen others wounded, before moving to yet another issue of national security being avoided by most Republicans and the White House. [Audio link to show is posted at bottom of article.]

The two domestic terror events in TX and OH, each carried out in minutes by white American men with semi-automatic military-style assault rifles and high-capacity magazines, has once again spurred calls for legislative action by Democrats in Congress and the avoidance of same by the terrorist-enabling, NRA-captured Republican officials.

In addition, Donald Trump spent about 48 hours following the El Paso shooting hoping to avoid the fact that the 21-year old man who carried it out had reportedly driven from his home in Dallas to target immigrants in the border town. An online manifesto attributed to the white nationalist shooter, echoing language and racism frequently used by Trump, describes an "invasion" of Hispanic immigrants. "El Paso and Dayton make 251 mass shootings in the US in 216 days, more shootings than days in the year," notes USA Today.

The incidents also serve as the latest to highlight shameful GOP hypocrisy on matters of national security. Over the past two decades, the U.S. has spent hundreds of millions of dollars under the guise of "national security", even as the focus on international terrorism has resulted in several acute issues of national security such as climate change, gun violence by domestic terrorists, and election security being all but ignored by Republicans. That, even as the public has been asked to sacrifice one freedom after another under disingenuous claims of "national security" while the country has been bankrupted both financially and morally in the bargain.

The latest massacres and lack of willingness by Republicans to take action and confront a real and growing national security threat, is also echoed in their lack of action regarding security in our elections, the only means by which the public may actually hold their failed, hypocritical, and corrupt elected officials accountable. But a week or so ago there was a glimmer of hope, sort of, when the U.S. Senate Intelligence Committee released a bipartisan --- if absurdly redacted --- report on election security [PDF], concluding that election systems in all 50 states were targeted by Russia in 2016. At the same time, the report states that "the Committee has seen no indications that votes were changed" or that "vote-tallying systems were manipulated".

Then again, as we've take great pains to report in detail since 2016, nobody, to our knowledge --- including the FBI, DHS, Robert Mueller's Special Counsel Office or even local and state officials --- has actually bothered to look! Calls for hand-counts of hand-marked paper ballots and forensic analyses of electronic voting systems were blocked after the 2016 election in many states, including Wisconsin, Michigan and Pennsylvania which each are said to have flipped to the Republican Presidential candidate that year by incredibly narrow, unverified margins, for the first time in decades. The Senate Intelligence Committee report suggests that while foreign actors were able to gain access to the nation's voting systems and voter registration databases, they took no action to modify them in any way. Really?

We're joined today by cybersecurity and voting system expert RICH DEMILLO, formerly the Chief Technology Officer for Hewlett-Packard, now Professor of Computing at Georgia Tech, where he served as Dean and director of their Information Security Center. DeMillo shares his takeaways from what he describes as a "frustrating" Senate report, which appears to both pull punches and hide much of both its findings and recommendations behind redactions. "There is just a massive amount of evidence that not only were the systems targeted, and in some cases penetrated, but it would take an extraordinarily altruistic spy to resist the opportunity of doing something nasty once they got into these systems," he tells me. "Not going that final step, which is relatively risk-free, of carrying out the mission that you were there to accomplish, just seems to me to strain credibility."

DeMillo, who has co-authored a number of landmark studies on the many dangers posed by the 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) now being deployed before the 2020 election to places like Georgia, Philadelphia, Los Angeles County as well as counties in other key battle-ground states like Ohio, North Carolina and Texas, warns that our vulnerable voting systems are, indeed, an issue of "national security".

"We're in an era where the tools can be turned against the citizens," he cautions. "Where the results of an election in an entire jurisdiction can be changed with literally the flip of a switch." DeMillo, who now serves on the board of the Verified Voting Foundation, is a supporter of hand-marked paper ballots as the only known type of verifiable voting and (like me) is dubious about the push to allocate hundreds of millions of dollars for new "upgraded" computer voting systems. "It's like buying better filters for cigarettes," he says.

And while there are still no federal mandatory standards for voting systems (only voluntary guidelines last updated by the U.S. Elections Assistance Commission in 2005!), the "real obvious vulnerability" to the systems comes from election insiders, local and state officials and contractors hired to program and maintain the systems. "Even in the face of arguments from election officials that 'we vet our people, we do background checks,' every time we look under those covers, what we find is that there's almost no due diligence that's taking place. That the people that we entrust with these systems, in the first place, don't understand the systems, have never been briefed on the threats, and we have no idea what their background and motivations are."

He cites the story we broke on the program last week based on testimony from an official in the Georgia Secretary of State's office who conceded on the witness stand the week before in a federal court hearing that all voting machines in the state are programmed by three outside contractors "in their garage." That new revelation of outsourcing from the ongoing federal lawsuit challenging the security and Constitutionality of the state's unverifiable touchscreen systems underscores that "everything they tell you about the security of their infrastructure, and how well they vet against the insider threat, turns out not to be the case. And that story is repeated over and over again around the country."

DeMillo also relates the story of the "ruckus" he recently caused on social media when relaying a conversation with election officials in a largely rural state "who just happened to mention in an open meeting that the computers that they use to program their ballots were housed on laptop computers that were in the houses of people, without any security clearances, no special security infrastructure. In fact, they were in places where the Internet connections were so bad that some of those people had to go to the local Starbucks in order to connect to the internet." He says his "jaw dropped to the floor" when he learned that many of those officials were programming their voting machines and tabulators on wide open, completely unsecured public networks.

Finally, DeMillo goes on to offer some advice on how to "move the needle" in the continuing fight by election integrity advocates to secure our elections by using systems that can actually be overseen by the public, slamming those --- from Congress to state and local officials to academics to private voting system vendors --- who believe that secrecy and "security by obscurity" can actually work to protect the heartbeat of our nation's fragile and more-threatened-than-ever system of representative democracy...

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It's Nicole Sandler here, guest hosting the BradCast on another busy news day in Trump's Amerikkka.

Alex Acosta resigned, Mueller’s testimony is postponed, Barry is bearing down on New Orleans. And the president held a Troll Summit in the White House. We cover those stories and more on today’s show.

With Barry set to make landfall as perhaps a Category 1 hurricane in Louisiana Friday night or Saturday morning, I reached out to an old friend --- HARRY SHEARER. In addition to his vast body of television and film work, books and albums, Harry made a documentary a few years back called The Big Uneasy, which explores why New Orleans flooded during Hurricane Katrina.

Yesterday, the White House hosted a bunch of internet trolls for an event they called a Social Media Summit… BRIAN KAREM, senior WH reporter for Playboy and a CNN political analyst, got into a slight kerfuffle with none other than Sebastian Gorka in the Rose Garden. Karem joins us to explain what happened and talk about the oddity that is the White House press office.

Enjoy!...

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On today's BradCast, Donald Trump's Attorney General continues to make extraordinary, unprecedented moves at the Dept. of Justice as he takes power for himself on all manner of things. And only some of those moves are receiving the attention they deserve. [Audio link to show follows below.]

But first up today, just two days after nearly 4 inches of record rainfall in one hour resulted in flash flooding and a number of high-water rescues in the nation's capital --- on the very same day Trump was delivering a ridiculous, rambling speech on his (horrific) environmental record --- an even worse downfall slammed New Orleans on Wednesday. What lies ahead this week for NOLA, however, may be far worse. A tropical storm spun up quickly off the Gulf Coast following the downpour, and now threatens to become a hurricane that could, as soon as this weekend, over-top levees that protect the city. The Mississippi River at New Orleans is already at 16 feet, just below flood stage, thanks to historic spring flooding in the central U.S. But Hurricane Barry could bring a storm surge of several feet of ocean water and as much as 18 inches of rain that could test the city's 20-foot high levees. The National Weather Service is now projecting the river could crest at that same height by Saturday, depending on which way the winds blow. That may happen despite the failure of science denier and corrupt fossil fuel swamp-dweller Trump to utter the words "climate change" during his environmental speech earlier this week.

Meanwhile, back in D.C., Trump's Attorney General and personal fixer William Barr continues to exercise extraordinary, unprecedented powers in his role as the nation's chief law enforcement official. So far, the federal courts have held off a fair amount of his attempted power grabs, including a federal court in New York which has, for the moment, blocked his latest move to replace all of the Dept. of Justice attorneys previously assigned to defend legal challenges to the Administration's effort to add a question on citizenship to the 2020 Census. Another federal judge in another legal challenge on the same matter in Maryland is now considering whether to block those replacements as well.

At the same time, however, Barr is also reportedly instructing former members of Special Counsel Robert Mueller's team to not appear before Congress to give testimony next week on the same day Mueller is currently scheduled to do so.

But a recent, little noticed move over the 4th of July holiday week to grant himself the power to establish precedent on immigration laws, overriding decisions by immigration judges, needs much more attention. Last week, a federal court blocked Barr's decree to disallow bond hearings for asylum-seekers who successfully demonstrate a "credible fear" of return to their home countries. But for a ruling by the federal court in Washington state last week, Barr's decree would have resulted in immigrant asylum-seekers being held for months or even years in already horrific, overcrowded detention facilities as they await their official hearings in immigration court. U.S. District Judge Marsha Pechman ruled that detaining asylum-seekers indefinitely is "unconstitutional".

The day before her ruling, however, Barr quietly signed yet another new regulation --- without the traditional public comment period --- that restructures the way immigration courts have handled appeals for years. Previously, while tens of thousands of decisions are made on cases by the Board of Immigration Appeals each year, only a small number of them, about 30 per year, are published in order to establish them as precedent. Under current law, unpublished decisions are not binding on the entire system and are only published if a majority of the 21 member Board votes to do so. But last week, relying on a public comment period from about 15 years ago concerning a regulation proposed (but rejected) by the George W. Bush Administration, Barr granted himself unilateral power to selectively publish any such decisions that he likes. The move, in effect, will allow him the authority as Attorney General to set immigration law precedent that must be followed during this Administration as well as future ones, at his own whim.

We're joined today by SARAH PIERCE, immigration attorney and Policy Analyst for the non-partisan Migration Policy Institute to explain both the encouraging news on Barr's temporarily blocked bond hearing rule, first decreed back in April, as well as his move last week to reign as king over U.S. immigration policy by using the abandoned "zombie regulation", as Pierce describes it, on appeals court precedents first proposed by the Bush Administration. She describes the latter as "alarming", noting that "under this new regulation, the Attorney General will have his pick of whatever issue he wants, and really, whatever plans on the issue he wants, when deciding whether or not to make some of these decisions precedent." Pierce warns that these could be "decisions on what kinds of crimes makes someone deportable from the United States," for example, adding that "the possibilities are really endless when he has so many decisions before him to choose from."

She argues that the way immigration courts are currently structured, under the control of the DoJ, not the Judicial Branch, results in unconfirmed and even unqualified people being appointed as immigration judges without Congressional confirmation or oversight. They all serve at the pleasure and whims of the Attorney General. "This is a huge problem with our immigration court that we have this political appointee who is in charge of effectively the legal well-being of our immigration system. That's a huge problem and a huge conflict of interest," she tells me.

We also discuss the mountain of recent reports of overcrowded, unsafe and unsanitary conditions at detention centers on the border; why we are seeing this influx of families seeking asylum in the U.S.; why this Administration is handling it all so poorly, despite the number of immigrants and asylum seekers being far larger during previous administrations; and how the system itself needs to be reformed, with immigration courts placed under an independent body.

Finally today, with all of the coverage in the media and focus by Democrats on the 2020 Presidential race, the need to win back a majority in the U.S. Senate no matter who wins the White House has taken a back seat, unfortunately. But Democratic Senate Leader Chuck Schumer was able to claim at least one recruiting victory this week, with Marine combat aviator Amy McGrath, who narrowly lost a U.S. House race last November in Kentucky, declared her intention of taking on Republican Majority Leader and democracy villain Mitch McConnell during his reelection bid in the Bluegrass State next year. We share McGrath's announcement video and ponder why the hell more big name Democrats --- including many who have chosen to run for the Presidential nomination instead --- aren't stepping up to the equally-as-important task of winning back the U.S. Senate for their party in 2020...

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Our special coverage of Wednesday's night's first 2020 Democratic Presidential Debate from Miami is momentarily waylaid at the top of today's BradCast, for quick coverage of two major, long-awaited opinions released by the Republican's stolen U.S. Supreme Court this morning, the final day of its term before Justices leave for summer recess. [Audio link to show follows below.]

The first opinion, featuring a 5 to 4 Republican- versus Democratic-appointee split, is very bad news for voting rights and democracy advocates on partisan gerrymandering cases out of Maryland and North Carolina. Writing for the GOP majority, Chief Justice John Roberts declared federal courts have no place entering disputes over extreme partisan gerrymandering of state legislative and U.S. House districts, giving a green light to majority-party state lawmakers to use sophisticated computer programs to slice up maps in a way that guarantees majorities for the party in power during the redistricting process following a decennial U.S. Census. Despite lower court rulings finding Republicans in Michigan, North Carolina, Ohio and Wisconsin violated the Constitution by drawing statewide U.S. House maps meant to assure Republicans remained in power, even when receiving fewer votes over all, the partisan divided SCOTUS decision now overturns all of those previous rulings, and one out of Maryland where a U.S. House district was drawn Democrats to keep it out of the hands of Republicans.

Critics, including Justice Elana Kagan who penned a blistering minority dissent, note that the SCOTUS majority now leaves it to the very same gerrymandered legislatures who created the undemocratic problem to somehow work it out, even though it may be impossible for opposition lawmakers to gain enough of a foothold to actually change the process under the bastardized maps. In her dissent, Kagan notes partisan gerrymanders "debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people." Her opinion, representing the High Court's four liberal justices, concludes: "Of all times to abandon the Court's duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court's role in that system is to defend its foundations. None is more important than free and fair elections."

All of which makes the Court's other major opinion today, on whether the Trump Administration will be allowed to add a question about citizenship to the 2020 Census, all the more crucial, but slightly better news, for the moment, anyway. In that case, Roberts joined with the court's progressives for a 5 to 4 ruling that bars the Administration, at least for now, from adding the question to next year's Census. In this case, the Chief Justice notes that the Administration's pretextual reasoning for doing so "appears to have been contrived". Indeed, despite warnings by experts at the Census Bureau itself that the question would decrease the response rate by millions, officials at Trump's Dept. of Commerce (which runs the Census Bureau) and the Dept. of Justice lied to both Congress and the Courts about their reason for adding the question.

Evidence has revealed that, in fact, the Administration hoped to include the question specifically in order to under-count immigrant communities in hopes of shifting billions of dollars in federal funding --- and still more voting power --- to "Republicans and non-Hispanic whites" over the next decade. That fact was made clear by, among other things, evidence revealed from the hard drive of the GOP's recently deceased gerrymandering expert. The good news in the Census ruling today is somewhat tempered by the fact that the case has now been sent back to the lower court for further consideration, allowing the Trump Administration another bite at the apple to come up with a more plausible justification --- or at least one that the stolen SCOTUS can more easily accept --- for why they insist on adding the new question before the deadline for printing the 2020 Census. The Administration had previously said that deadline was at the end of this month, though Trump has now asked his attorneys to see if the Census may be postponed.

Then it's on to our Special Coverage of Night One of the first Democratic Debate of the 2020 Presidential cycle, which featured ten candidates in all, including MA Sen. Elizabeth Warren; former TX Rep. Beto O'Rourke; MN Sen. Amy Klobuchar; NJ Sen. Cory Booker; former HUD Secretary and San Antonio, TX mayor Julian Castro; NYC Mayor Bill De Blasio; WA Gov. Jay Inslee; OH Rep. Tim Ryan; former MD Rep. John Delaney; and HI Rep. Tulsi Gabbard.

We're joined for today's special coverage by Salon's and Hulaballo's award-winning columnist HEATHER DIGBY PARTON and Seeing the Forest's DAVE JOHNSON, formerly a Senior Fellow at the progressive Campaign for America's Future.

Parton and Johnson offer post-debate analysis and smart insight on as many of those candidates as we can possibly fit in to the hour, along with thoughts on which of them exceeded, met or under-performed expectations; why it is that Democrats appear (foolishly) to be shying away from taking on Donald Trump directly, despite the extraordinary threat he and his Presidency pose to the nation and the world; how Democrats, as a party, now appear to be approaching issues such as taking on corporate monopolies, the need for universal access to healthcare as a human right (and the strange question about abolishing private health care insurance), foreign wars and more. We also discuss, as raised --- but largely unanswered --- during Wednesday's debate, how a Democratic President might counter obstructionist Republican Majority Leader Mitch McConnell should the GOP maintain control of the U.S. Senate after 2020.

All of that, of course, is just a sampling of the sweeping ground we cover on today's very busy and very lively BradCast, as we await Night Two, with another ten candidates, to be covered on our next program!...

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

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

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

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

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

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

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

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

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Before we get to our Constitutional Crisis update on today's BradCast, we offer an update on our Climate Crisis, which the rogue Trump Administration has been busy exacerbating in the Arctic this week, to the horror of other Arctic nations. And, yes, our continuing national Gun Crisis returned to the headlines (did it ever leave?) with breaking news of another school shooting today in suburban Denver. [Audio link to show is posted below.]

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

• Trump Sec. of State Mike Pompeo stunned fellow Arctic Council members in Finland on Monday, with a speech in which he appeared absolutely giddy about economic opportunities emerging from the quickly thawing Arctic. Without once mentioning the phrase "climate change" in his 2,400 word speech, Pompeo cited "opportunity and abundance" for those able to exploit previously frozen and untapped oil and mineral reserves in the otherwise pristine Arctic, not to mention "fisheries galore" and thawed "passageways" for travel and commerce that could turn the Arctic into a "21st century Panama Canal". The remarks, reportedly, came as a shock to other representatives of the Council's nations, there to discuss protection of the melting Arctic from political and economic threat.

  But on Tuesday, things got worse as the U.S. refused, for the first time, to sign a group agreement on challenges facing the Arctic due, according to Reuters, to discrepancies in the agreement over climate change wording, jeopardizing cooperation among participating countries as the Arctic continues to warm at nearly twice the pace as the rest of the planet;

• Back in D.C., Donald Trump stunned the legal and military community with the Monday night pardon of a former U.S. Army lieutenant sentenced by a 2009 court marshal to 25 years in prison for the murder of an Iraqi civilian in 2008. Michael Behenna was granted Executive Clemency by Trump for the gruesome killing in which Behenna was found, according to military prosecutors, to have taken "the victim out into the desert in Iraq, stripped him naked, interrogated him while he had his Glock piston pointed at him, shot him in the head, shot him in the chest, killing him at that time," all outside of a combat zone and in defiance of both orders and the military code of justice. So, Trump has moved from sending political messages with the pardons of those who obstruct federal court orders, like the disgraced former Arizona Sheriff Joe Arpaio, to granting Executive Clemency to murderous war criminals. Got the message?;

• Before we move on to today's Constitutional Crisis update, an interesting background development, as Attorney General William Barr's Justice Department announced over the weekend that it had arrested and charged a Virginia man who served as an FBI linguist on counts of "obstructing a federal investigation and making multiple false statements to FBI officials". Of course, Barr has been famously arguing of late --- in regard to President Trump --- that, since Special Counsel Robert Mueller did not find enough evidence of criminal cooperation between the Trump Campaign and Russia during his investigation into 2016 election interference, Trump could not possibly be guilty of obstructing that investigation. With no underlying crime, Barr's legally unsupportable theory goes, there can be no obstruction of the investigation into those crimes. In the case of the FBI's cunning linguist, however, obstruction charges were filed with no underlying crime, according to a former federal and state prosecutor;

• In related news, there are now some 500 former federal prosecutors (actually, over 700 now, since checking after the show), both Republican and Democratic, who have signed onto an open letter declaring that, based on the evidence revealed by the redacted Mueller Report, Trump would have been charged with multiple counts of felony obstruction, had he been a private citizen;

• Then, the latest news in the multiple Constitutional showdowns between the Administration and Congress, including Treasury Secretary Steven Mnuchin's refusal to answer the Ways and Means Committee's statutory demands for the IRS Commissioner to turn over several years of Trump's tax returns and Barr's refusal to respond to a lawful Congressional subpoena from the House Judiciary Committee to turn over Mueller's unredacted report and its underlying evidence. With a vote on contempt by the AG still scheduled for Wednesday in the Committee, it seems a good time to look back at the case made by House Republicans in 2012 for a contempt vote against President Obama's then-Attorney General Eric Holder, including speeches from a number of GOP lawmakers incensed at the time for the DoJ's failure to turn over subpoenaed documents, which they then described as unlawful disdain for both the rule of law and the Constitution. But that was then;

• And, with both Mnuchin and Barr facing potential contempt citations, it was former White House Counsel Don McGahn's turn in the barrel today, as the White House stepped in to block his production of subpoenaed documents that he had long ago shared with the Special Counsel --- thus waiving the White House's opportunity at the time to invoke Executive Privilege to block the release of the documents now along with McGahn's testimony, according to largely every legal expert who doesn't work at the White House. (Though even some of those lawyers, according to WaPo, see the Administration's belated attempt to invoke the privilege now as legally dubious.) As that legal wrangle plays out, McGahn's next difficult decision will come on May 21, when he has been subpoenaed by the Judiciary Committee to appear for testimony as a witness to numerous incidents of criminal obstruction by the President as detailed in the Special Counsel's redacted report;

• Finally, Desi Doyen joins us for the latest Green News Report focused on the alarming landmark study released by the U.N. this week finding that human develop, consumption and exploitation is now threatening the extinction of some 1 million plant and animal species, a report that was released before Pompeo even arrived in the Arctic this week to dance on --- and plunder --- its melting grave...

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Our guest today, the former U.S. House Judiciary Committee's longtime General Counsel warns on today's BradCast, that we are already in the midst of a Constitutional Crisis and that what is happening now is far worse than anything he ever encountered during his many years in that post, even during the then-unprecedented corruption of the George W. Bush Administration. [Audio link to full show is posted below.]

But first up today, some good news and bad for voters before 2020 out of two key battleground states. In Ohio, the good news is that a three-judge panel of federal judges on Friday unanimously found the Buckeye State's Congressional maps to be an "unconstitutional partisan gerrymander" and has ordered, via its 301-page ruling [PDF], for new maps to be drawn for use before the 2020 elections. The panel of two Dems and one Republican-appointee determined that the state's GOP-led legislature packed the majority of the state's Democratic voters into just four districts after the 2010 Census to guarantee Ohio's Congressional legislation would retain a 12 to 4 GOP advantage. Republicans have successfully held 75% of that delegation over the past decade despite receiving just more than half of the state's Congressional votes.

State Republicans vow to appeal, as the nation awaits next month's opinion from the U.S. Supreme Court on similar partisan gerrymandering cases in North Carolina and Maryland. A three-judge federal panel last week in Michigan similarly ordered new maps there before 2020 after finding GOPers in that state used a similar tactic to disenfranchise voters. Unconstitutional GOP partisan gerrymanders were also determined by federal courts to have been in place in Wisconsin and Pennsylvania for the past decade.

The bad news for voters today comes from Florida today, where the state's GOP-dominated legislature has adopted a bill to undermine Amendment 4, the landmark ballot measure voters adopted by nearly 65 percent last November to restore voting rights to some 1.5 million former felons in the state who had completed their sentences as well as all parole and probation. Passed along party lines, state lawmakers changed the definition of sentencing to include the payment of all court-imposed fines and fees. The result: Those former felons who have money will be able vote, those who do not, won't. Once signed by the state's Republican Governor, as expected, lawsuits will almost certainly be filed by voting rights advocates to challenge the new law that appears to rewrite Amendment 4 which had ended Florida's shameful lifetime ban on voting by former felons, including more than 20 percent of the state's African-American population.

Next, we are looking for answers today about what is happening and what may come next as the Trump Administration and its new Attorney General and "fixer" William Barr harden their obstruction of all Constitutional oversight by Congressional Democrats. We are joined today by attorney TED KALO, a 14-year veteran of the U.S. House Judiciary Committee, where he served as General Counsel for his last 10 years there before leaving for private practice in 2011. Our conversation comes on the heels of Barr's astonishing testimony before the Republican-controlled Senate Judiciary Committee on Wednesday and his refusal to appear before the Democratic-majority House Judiciary on Thursday. That, after the Dept. of Justice's failure to respond to a Wednesday subpoena deadline from the House panel to turn over a full, unredacted version of Special Counsel Robert Mueller's report and its underlying evidence, and after revelations that Barr appears to have lied to Congress in previous testimony concerning Mueller's view of Barr's public representation of the report's conclusions during the month before Barr finally released a redacted version.

Kalo tells me what is likely to happen next if Barr misses a final Monday deadline, offered in a good faith, last attempt letter sent by House Judiciary Chair Jerrold Nadler on Friday in hopes of avoiding contempt proceedings against the nation's top law enforcement official.

The reason why Barr supposedly skipped Thursday's House hearing was because the Committee had determined to allow staff counsel from both parties to question the Attorney General along with members, which Kalo says is "not unusual at all". He cites, for example, a similar practice carried out by Republicans "during one of the many investigations of Hillary Clinton's emails," and notes that it is "not uncommon historically" for Congressional committees to use staff attorneys for questioning witnesses.

Kalo details the two possible legal paths should Barr, as expected, continue to refuse to cooperate with the Committee and is found in contempt, including a civil litigation path in federal court, which could take months or years to resolve (though Kalo says there are grounds for courts to hear these matters on an expedited basis) or Congress finding Barr in "inherent contempt". In the latter case, he explains, the House Sergeant-at-Arms could be dispatched to arrest and detain the Attorney General. (Kalo also offers a definitive answer about the jail long said to be available at the Capital Building for such matters.)

"While it's frustrating as hell to watch this play out --- it's so obvious what's going on in plain sight --- as a matter of the goal of getting the information, Congress has to proceed cautiously because of its limited options for enforcing subpoenas," Kalo tells me. Therefore, he explains, Nadler is "bending over backwards to show that he tried his hardest to reach an accommodation with the Executive Branch, with an eye towards future litigation" where the court will see the Administration as "recalcitrant and unreasonable" and find in favor of the Dems.

Among the many other questions answered and/or explained by Kalo, he offers insight into my concerns about whether many of the long-established court precedents that appear to make Trump's legal arguments to block a number of subpoenas look ridiculous could actually be overturned by Trump appointees to the federal bench or even the GOP's stolen majority on the Supreme Court. "I think you're right," he says. "We have a federal judiciary that's been packed by people who start with the political result they want and then work the legal reasoning backwards. I think it's a valid fear that the courts won't follow longstanding precedent," before adding optimistically, that he believes the courts will follow precedent in many of these matters.

I also get his thoughts on Barr's remarkable testimony before the Senate on Thursday, arguing that a President has a legal and Constitutional right to shut down or obstruct a federal investigation looking into his own potential crimes if the President believes, on his own, that he has been unfairly accused. Yes, Barr actually made that argument under oath this week. Kalo calls the theory "ridiculous" and says, "I know of no legal authority for what the Attorney General was saying, and it defies reason." He goes on to explain why.

Finally, he concludes with a chilling note. "It can't be understated that we're in a Constitutional crisis. We're trying to respond to things that we never expected to occur from a President of the United States," Kalo argues, adding that, as dark as those years were when he served as General Counsel for the House Judiciary Committee during the George W. Bush years, what is happening now is worse --- "by far."

I wholeheartedly recommend you tune in for today's complete conversation, as there was much more than I am able to adequately summarize here...

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IN TODAY'S RADIO REPORT: Record extreme cold shuts down parts of the U.S. --- and it still doesn't disprove climate change; Trump Administration seems to concede that Venezuela intervention is all about oil; PLUS: Germany sets path to completely quit coal... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Ocasio-Cortez, Markey to unveil Green New Deal bill; US intelligence officials warn climate change is a worldwide threat; Scientists single out a suspect in starfish carnage - warming oceans; There's a huge cavity under Antarctica's most endangered glacier (yes, that's bad); As climate warms, plants will absorb less CO2, study finds; King County passes temporary ban on fossil fuel infrastructure; Brazil has nearly 4,000 dams at high risk; Colorado River drought plan takes another step in Arizona... PLUS: Making cities more dense always sparks resistance. Here’s how to overcome it... and much, MUCH more! ...

On today's BradCast, it's the 15th Anniversary of The BRAD BLOG! So --- in addition to the news of the day --- we take a precious few minutes on today's program to reminisce a bit with longtime BradBlog.com legal contributor ERNEST A. CANNING and Green News Report co-host and BradCast producer DESI DOYEN! [Audio link to full show is posted below.]

After a few words on Canning's latest article at the blog on the "Political Revolution" embodied by the new freshman class of progressive U.S. House members and the many challenges they are now facing down in D.C., we discuss some of the lessons learned and important stories covered at our little, independent, reader- and listener-supported website over the past decade and a half.

Many of the stories we broke years ago --- too numerous to link here, on everything from electronic voting concerns and voting rights to climate change and much more --- have since become part of the national consensus as well as many popular calls for reform. That, even as much (but not all) of our independently verifiable, evidence-based news coverage was marginalized or dismissed by many in the corporate media years earlier. We discuss just a few of those stories today --- too numerous to detail here --- as we look both back and forward on this latest milestone. We also offer thanks to the many who have made all of it possible over the years, from our blogging contributors, to radio affiliate partners, to various whistleblowers (publicly known and unknown) over the years.

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And, yes, there was also a bit of news today for a change in Washington D.C., so we also cover that on today's program. Among those stories...

• Donald Trump's federal government shutdown nears the end of it's fifth record week, as he folded like one of his own cheap and poorly tailored suits on Wednesday night in his standoff with U.S. House Speaker Nancy Pelosi on delivering his State of the Union next week.

• At the same time, federal aviation unions issued a dire warning about the ongoing effects and potential critical dangers of the shutdown.

• We share a heartbreaking story about a 10-year old girl who suffered a broken wrist in stoic silence for a week, because she was frightened to tell her father, a Dept. of Homeland Security employee forced to work without pay.

• Billionaire crypt-keeper and Commerce Dept. Secretary Wilbur Ross took to the airwaves to, essentially, call 800,000 federal workers whiners for needing to use food banks to feed their families, when they could just go out and get a bank loan instead to cover costs until the federal government reopens.

• In the U.S. Senate, Mitch McConnell finally allowed votes on measures to reopen the government, one from Rs and one from Ds. Both failed to get the 60 votes needed to overcome filibuster, though the D version --- which did not include funding for Trump's border wall --- received more votes than the R version in the GOP-majority Senate.

• And Trump's former attorney Michael Cohen learned that he may have to appear before both House and Senate Committees next month, despite threats to his family by the President of the United States.

• Finally. Desi brings us the latest Green News Report, with more bad news about the shutdown and Greenland's melting ice shelf, but some encouraging news on a huge majority of Americans who now appreciate the threat of climate change and on the amazing teen climate activist taking on the corporate powers and millionaire/billionaires at Davos this week...

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We start off today's BradCast with two encouraging legal rulings from the courts with our guest today, Slate legal reporter MARK JOSEPH STERN. [Audio link to complete show follows below.]

First up, the damning opinion issued on Tuesday by a U.S. District Court judge in Manhattan finding Treasury Secretary Wilbur Ross repeatedly violated the law --- and lied about his reasons for doing so --- in adding a controversial question on citizenship to the 2020 U.S. Census. Stern joins the federal judge in calling out Ross' lies about adding the question supposedly at the request of the the Dept. of Justice to help enforce the Voting Rights Act (rather than as a blatant attempt to rig the Census in hopes of boosting GOP political power during the next round of redistricting).

"By my count, Judge Furman held that Commerce Secretary Wilbur Ross violated the law by adding the citizenship question in at least six different ways," Stern observes. "When you add them all together, it is a sort of symphony of lawlessness that cannot be ignored by the courts."

"Ross just lied. He lied to Congress. He lied in court filings about why he added this citizenship question. It is very clear, black letter law, that when a federal agency like the Commerce Department wants to take some kind of formal action, it has to give the real and truthful grounds for its decision, it has to justify it truthfully. Ross just didn't do that here." He goes on to explain, however, that, despite the encouraging ruling yesterday, the Republicans' stolen Supreme Court will ultimately enjoy the final say on the matter. He also shares his thoughts on whether Ross should be and/or will be criminally prosecuted for lying to Congress and the courts about the issue, as made clear by the federal court ruling.

Then, Stern offers some surprisingly good news from SCOTUS today regarding a unanimous(!) opinion from the Court supporting the right of some workers to bypass costly arbitration clauses and file class action lawsuits against employers when they are ripped off by them --- though only in certain circumstances. Still, given the unanimous opinion in this case, authored by Neil Gorsuch of all Justices, we'll take it!

Next, we review Tuesday's confirmation hearing in the U.S. Senate Judiciary Committee for Donald Trump's Attorney General nominee William Barr. Stern warns that his troubling record alone --- "Barr takes a wildly expansive view of executive power and authority" --- might have been enough to derail his nomination in any other time, but for the fact that so many Democrats and Republicans alike are now desperate to replace Trump's wildly unqualified (and, arguably, unlawfully appointed) Acting AG Matthew Whitaker.

Barr, who served briefly as AG in 1991 during the George H.W. Bush Administration (where he successfully pushed for Presidential pardons for a number of top officials involved in the Iran-Contra scandal), promised independence from the White House and that he would allow Special Counsel Robert Mueller to complete his probe into Team Trump's alleged involvement with Russia and obstruction meant to cover it up. However, Barr equivocated on a number of points related to the probe, such as whether he'd recuse himself from overseeing it if DoJ ethics officials advised him to do so, and whether he would release Mueller's report at all to the public.

Stern shares insight and response to a number of other troubling moments from Tuesday's hearings, such as when Barr responded to a question from Sen. Richard Blumenthal (D-CT) about whether a sitting President could be indicted and when he was asked directly by Sen. Amy Klobuchar (D-MN) about whether the Justice Department, under his command, would "jail reporters for doing their jobs". Barr's response on the former was questionable, at best, and downright chilling on the latter, from the man tapped to be the nation's top law enforcement official. "There's just a right and wrong answer here," Stern quips, "and he gave the wrong one."

Finally today, the State of the Union Address to a joint session of Congress previously scheduled for later this month may now be cancelled amid the ongoing historic federal government shutdown, as House Speaker Nancy Pelosi rescinded her invitation to Trump today. And, in Syria today, four Americans --- two U.S. troops and two civilians --- were killed and three others wounded after a bombing claimed by ISIS in a crowded area. The attack in the northern city of Manbij comes on the heels of Trump's claim to have ordered the withdraw of all U.S. troops in country, based on his assertion that "we have defeated ISIS in Syria." The President's claim --- which helped lead to the resignation of Defense Secretary James Mattis before Christmas --- was, remarkably, repeated by Vice President Mike Pence today during an address at the State Department several hours after the news of the deadly attack on Americans and others in the war torn nation had become public...

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