On today's BradCast, the GOP has made an industry out of protecting their power and their Presidents, from Richard Nixon right up through Donald Trump. And neither the Democrats nor the corporate media seem to have figured out how to counter the Right's radical transformation of the American political landscape over the past 40+ years. [Audio link to full show is posted below.]

But first today, a bit of voting and election news: A federal judge on Friday, just before the Christmas holiday, found in favor of Maine's Democratic Sec. of State Matt Dunlap after he was forced to sue Donald Trump's so-called "Election Integrity" Commission headed up by Vice President Mike Pence and Kansas' Republican Sec. of State --- and infamous GOP "voter fraud" fraudster --- Kris Kobach. Dunlap had sued because, even though he is on the Commission itself, Kobach and the other rightwing fraudsters on it had been withholding documents and keeping Dunlap completely out of the decision making process. While that was a loss for the Government, a separate lawsuit against the Commission, filed by the Electronic Privacy Information Center (EPIC), was rejected by a federal Appeals Court on Tuesday, on the basis that the group did not have standing to sue.

Also today, an update on the November 7th, 94th District Virginia House of Delegates race where Democrat Shelly Simonds appeared to have unseated Republican David Yancey by one single vote, until one of the Republican election official judges decided, the day after a "recount" was completed last week, that a previously discarded over-vote ballot [JPG] was actually a vote for the Republican after all. A three-judge court panel of GOP-appointed judges agreed, which meant the race was tied and the winner would be determined --- along with the balance of control of the Virginia House, which had been controlled by the GOP for decades --- by a random draw. That draw, scheduled for Wednesday, was postponed late on Tuesday by the state's Election Commission at Simonds request, while she challenges the three-judge panel's ruling in court.

Then, with the calls intensifying from the Fox "News" rightwing for Trump to fire Special Counsel Robert Mueller, are Democrats doing enough to counter the Constitutional Crisis that would likely ensue if he did so? For that matter, how have we arrived at a moment in American history when an investigation by a Republican Special Prosecutor into the firing of a Republican FBI Director by a Republican President can be considered a partisan Democratic witch hunt?!

JON SCHWARZ of The Intercept joins us to discuss the historical chain of events, connecting the dots of lawless GOP Presidential administrations from (at least) Richard Nixon up through Donald Trump, to illustrate exactly how we got here. In his recent historical essay, he details a fairly direct line of actions taken by the right during and after Nixon, right up through the present, that has largely prevented real accountability for lawless Republican Presidents, while both the Democrats and the corporate media have continued to pull their punches for various reasons.

"The history of Watergate has been completely rewritten in the past 45 years," Schwarz explains. "The reality is that it just barely succeeded. All of the investigations, all of the obvious, blatant wrongdoing by Nixon was just barely enough to get him out of office. Under other circumstances --- if the Republicans had controlled Congress, if they'd had Fox News then, if they'd had decades of appointing people to the courts --- it's very likely that Nixon would have stayed in office, and people would remember it as just a minor blip."

As is, he tells me, Nixon still escaped accountability for the worst of his crimes including collusion with a foreign power which resulted in the deaths of thousands of Americans, and an untold number of others in Indochina. "It's kind of shocking how this has been completely kept out of history."

Nonetheless, during his administration, a young Nixon staffer by the name of Roger Ailes came up with "A Plan for Putting the GOP on TV News," which would eventually become Fox "News", while a separate if related scheme by a future Supreme Court Justice that became known as the "Powell Memo", helped to restructure the federal judiciary and paved the way for the corporate takeover of our electoral and political system. "It describes exactly what has happened for the last forty, forty-five years," Schwarz notes. "They laid out a plan and they executed it, and it worked."

And now, we live in a world where only Republicans allowed to be appointed to investigate Presidents, whether they are Republicans or Democrats, and only Republicans have ever been appointed as FBI Directors, even by Democratic Presidents. And, despite that, we now hear the ever-increasing drumbeat charging that Mueller's investigation is a "partisan Democratic witch hunt", leaving Dems fighting among themselves as to whether they should push for impeachment, and the media pulling punches when reporting on GOP Administrations.

"If Hillary Clinton were President and had done the things that Donald Trump has done," Schwarz argues, "everyone knows she would have already been impeached 97 times."

Finally, we close today with some related listener e-mail, a few more thoughts on the Powell Memo, and a few words of thanks to those of you who have stopped by BradBlog.com/Donate to help us try and continue BradCasting into the new year...

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On today's BradCast, Republicans in the U.S. Senate finally released a draft of their secret plan to repeal and replace the Affordable Care Act, or 'ObamaCare', and the Dept. of Defense finally releases a redacted version of a damage assessment from 2011, examining the fallout to national security from the Bradley/Chelsea Manning leaks of 2010. [Audio link to show follows below.]

First up: The secret working group of white, male Republicans in the Senate finally revealed their new scheme, dubbed the "Better Care Reconciliation Act", to rewrite 1/5th of the U.S. economy by replacing ObamaCare with what Donald Trump has promised would be a healthcare plan "with heart" that was less "mean" than the version he celebrated after its narrow passage by Republicans in the U.S. House several weeks ago.

The release of the new Senate plan did not go well. Democrats, independents, and healthcare advocates alike --- not to mention elderly protesters in wheelchairs dragged away from outside the office of Senate Majority Leader Mitch McConnell --- slammed the legislation for its massive tax cuts to the wealthy in exchange for deeply cruel cuts to federal Medicaid funding, and the promise of stingier premium subsidies for less generous health care policies.

A number of Republicans in the Senate also currently oppose the plan as written, because it doesn't repeal ObamaCare enough, but we'll see if they change their tune before the bill comes up for a vote next week, as promised by McConnell, before Congress leaves for the July 4th recess. The GOP can only afford to lose the support of two Republicans among their 52-seat caucus.

Then, we're joined by BuzzFeed News journalist and "FOIA terrorist" JASON LEOPOLD, to discuss the newly unearthed Dept. of Defense damage assessment of the hundreds of thousands of documents on the Iraq and Afghanistan Wars, as well as diplomatic cables, leaked by U.S. Army intelligence analyst Chelsea Manning in 2010.

During her trial, Government officials charged that the disclosures caused massive damage to national security and endangered counts lives of both U.S. personnel and our allies, but is that what the DoD's own secret 2011 assessment --- finally released this week in heavily redacted form in response to Leopold's Freedom of Information Act request --- actually found? We discuss that and the "passionate responses" he has received since publishing the assessment.

We also discuss the new White House ban on cameras during press briefings and how the Trump Administration compares to previous administrations on matters of government secrecy and document classification.

"In the overall picture, you have an administration that operates under intense secrecy that wants to limit access --- 'access' being the key word there --- that journalists depend upon. Access is really important, and it's really important to be able to confront government officials," Leopold tells me, while placing the news about the ban in context with the Trump Administration's secrecy and on-going battle with journalists elsewhere. "This type of behavior trickles down to various levels within the federal government and, I've seen, it also goes into local and state governments, as well. This intense secrecy, where elected officials who are accountable to the people are simply not interested in speaking --- and then try and set up some new rules that basically bars the press from confronting them."

Leopold goes on to cite the increased difficulty he is beginning to have prying documents loose via FOIA requests under the Administration, while noting that "some of these agencies are having trouble trying to figure out how to respond to requests, largely because you have a President now who is tweeting, who is arguably declassifying --- instantly declassifying --- information that would otherwise remain secret."

Speaking of which, finally today, Trump tweeted that, despite his previous suggestions, he has no audio tapes of his one-on-one conversations with now-fired FBI Director James Comey. But is he telling the truth, or bluffing yet again?...

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On today's BradCast, given the reports that Donald Trump is now personally being investigated for obstruction of justice, we unpack the chaos that may soon come about if the Deputy Attorney General is forced to recuse himself (or is fired) from overseeing the Special Counsel's probe of Team Trump. [Audio link to complete show follows below.]

But, while all the madness of the DoJ's Trump investigations are going on, Senate Republicans indicated today that they will call for a vote on their secret Obamacare replacement bill before the July 4th recess next week. They also announced they will have the votes needed for passage. If they are right, the results are likely be devastating for millions of Americans, and not only the poor. One of out three elderly Americans in nursing homes, for example, rely on Medicaid to cover the costs, and the GOP is about to cut hundreds of billions of dollars from the program in exchange for massive tax cuts for the wealthy.

We discuss that and, as record heat blasts the Western US, the unbelievably stupid explanation for climate change just offered by Energy Secretary Rick Perry (it's not CO2, he says, it's "the ocean waters and this environment that we live in"!) We also offer a very quick preview of the U.S. House Special Elections being held today on 100% unverifiable touch-screen voting machines in BOTH Georgia and South Carolina. (We'll have full results, whatever they are reported to be, on tomorrow's show).

Then we're joined by attorney, author, columnist and UNH asst. professor SETH ABRAMSON to step through his recent 50 tweet(!) tweetstorm detailing the 'bedlam' that is likely to ensue when and if (he insists "when") Deputy AG Rod Rosenstein is forced to recuse himself from overseeing Special Counsel Robert Mueller's investigation of Team Trump and, reportedly, obstruction of justice by the President himself in his firing of FBI Director James Comey.

The chain of events that could come about as the result of Rosenstein's recusal, as Abramson details on the show today, are amazing and could lead to a very real Constitutional Crisis and even completely separate obstruction of justice charges against Trump based on an entirely different investigation related to his February mass firing of all of the US Attorneys.

Lots of somewhat jaw-dropping 'bedlam' unpacked and explained and to be absorbed in detail on this front on today's show, including whether or not Rosenstein himself could come under investigation; who the next officials in line are to take his place (first, a friend of Ted Cruz' named Rachel Brand, then a man named Dana Boente) and what their conflicts are; how Trump could personally come to appoint the person overseeing the Special Counsel's investigation after we go through Brand and Boente; and why, if sitting Presidents cannot be indicted, as many argue, Mueller would be carrying out a criminal obstruction of justice investigation of Trump in the first place.

"Honestly, If I were to lay out the full complexity of the situation right now at the DoJ, which goes well beyond the question of Rachel Brand possibly becoming the Acting AG in the very near term, it would take --- and I am not exaggerating --- probably about 500 tweets," Abramson tells me. "We are in so many unprecedented situations and sub-situations at the DoJ, it is bewildering even for attorneys," he says, adding later: "This is the most complex and public litigation of probably the last 100 years in American political history."

Finally today, another heartbreaking story of yet another immigrant victim of Trump's, now facing deportation and separation from his family despite spending months in the clean-up efforts at Ground Zero after 9/11...

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On today's BradCast, the latest testimony you probably already know about, and the Republican/Trump schemes on banking regulations, infrastructure and healthcare that aren't receiving nearly as much media attention. [Audio link to show is posted at end of article.]

Attorney General Jeff Sessions, in case you hadn't heard, testified before the U.S. Senate Intelligence Committee in open session on Tuesday, and pushed back strongly against what he described as the "secret innuendo" to smear him with the "appalling and detestable lie" that he colluded with Russia on behalf of Team Trump in any way. He said he did not violate his official recusal from the FBI's Trump/Russia investigation when he recommended that the President fire FBI Director James Comey, but then went on to refuse to answer a number of questions concerning his conversations with Trump, despite the fact that Trump has not invoked Executive Privilege for the conversations in question.

There were a number of heated exchanges with Democratic Senators on the Committee, including with one who accused Sessions of "obstructing" the Congressional investigation with his refusal to answer questions or provide a valid legal reason as to why. He also says that he is not aware whether there is a White House taping system that may have recorded Trump's one-on-one conversations with Comey, and that he has received no briefings as Attorney General on the allegations that Russian intelligence used cyberattacks to try and interfere in the 2016 elections.

We cover those hearings today, just completed before air time, before turning to a number of matters that have received far less attention by the media, with our guest DAVID DAYEN, author and prolific financial journalist for The Nation, New Republic, the Fiscal Times, The Intercept and elsewhere.

Among the topics we discuss: The stunning results of last week's UK elections and what it means for the UK, the US, and a what it may portend for a more progressive future for young voters in both countries ("The lesson is that you run on things that people can tangibly experience," says Dayen); The CHOICE Act ("A big ball of deregulation") passed by Republicans in the House last week to gut the modest banking regulations enacted in response to the 2007 global economic collapse (can it possibly pass in the Senate? And does the White House even want it to, given that they are already rolling back those same regulations on their own?); Trump's new scheme to invest in infrastructure, and how it's actually a very thinly veiled plan to privatize public assets, like the federal Air Traffic Control system ("Trump's plans for infrastructure are indistinguishable with privatization").

And finally today, more infighting among Democrats in Congress, as some members are the caucus move forward with a plan to impeach Donald Trump, as Dem leadership pushes back to kill, or at least slow down the process...

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We'll not be distracted by the Trump Circus (well, mostly), despite what he said in the Rose Garden and on Twitter today! On today's BradCast, just a little bit of Trump, but a whole lot of failed 'conservatism' from the American Heartland to Great Britain. [Audio link to show is posted below.]

Thursday's elections in the UK resulted in disaster for Prime Minister Theresa May. Her Conservative Party took an absolute drubbing as young voters turned out to reject the conservative austerity agenda by casting a for change with the Labour Party's Jeremy Corbyn.

Back here in the U.S., hard evidence of the utter failure of "conservative" policies is very much on display if you bother (or know where) to look. Republican-run states like Kansas and Oklahoma are facing desperate budget shortfalls following years of tax cuts that neither boosted the economy nor increased government revenues, as promised. Cuts to essential services like health care and public education have been implemented in hopes of making up for failed GOP economics. Yes, the young, the sick, the poor and the elderly pay the price in the bargain, as usual.

But voters last November and legislators this week in Kansas, at least, are striking back at Gov. Sam Brownback by reversing his failed GOP austerity policies. Given what school kids in Oklahoma are now facing after years of budget shortfalls due to tax cuts and subsidies for the fossil fuel industry by the state's GOP legislature and aptly-named Governor Mary Fallin, voters in the Sooner State will --- hopefully sooner rather than later --- reject similarly failed hard-right policies and elected officials just as Kansas has finally begun to do.

Later this month, at least in one part of Georgia, voters may also send a similar message in the upcoming U.S. House Special Election in a very "red" district, where the young, first-time Democratic candidate Jon Ossoff is now said to be leading by 7 points, at least in one new poll, over Karen Handel, his "conservative" GOP establishment opponent. (She made the case against "conservatism" very nicely this week, when she said, during a debate, that she does "not believe in a livable wage", citing that as "the fundamental difference between a liberal and a conservative".)

Meanwhile, millionaire Greg Gianforte, the Trump "conservative" who managed to eke out a win in the U.S. House special election in Montana last week after body slamming a reporter the night before the election, will now plead guilty to misdemeanor assault in the matter after buying his way out of a civil suit.

Back at the D.C. White House Circus today, the day after his fired FBI Director James Comey's sworn testimony to the Senate Intelligence Committee, Donald Trump accused him of lying and suggested again that the White House may have tapes to prove it. The House and Senate Intelligence Committees have finally asked for copies of those tapes...if they exist. And, as you were distracted, Republicans in the House were quietly passing a bill to roll back the Dodd-Frank big banking reforms enacted after the 2007 global economic collapse and, in the Senate, quietly paving the way to repeal Obamacare, no matter how many millions of Americans will lose their healthcare in the bargain.

Finally, with more news of failed "conservative" policies in both practice and at the polling place, Desi Doyen joins us with the latest Green News Report, before we close with yet another U.S. Supreme Court rejection this past week of a massive racial gerrymandering scam in yet another "red" state...

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On today's BradCast, it's great to be back live at our flagship Los Angeles affiliate station, KPFK on the Pacifica Radio Network in Los Angeles after their recent fund drive. So we throw open the phones to listeners in celebration after several insanely busy news weeks! [Audio link to show is posted below.]

But, first, former FBI Director James Comey released his prepared statement [PDF] in advance of his much-anticipated testimony on Thursday before the U.S. Senate Intelligence committee. In the remarks, Comey details a number of his one-on-one meetings with and phone calls from Donald Trump, including the infamous "loyalty dinner" at the White House in late January and the similarly-infamous early-February meeting in the Oval Office, the day after National Security Adviser Michael Flynn was forced to resign, where Comey charges that he was asked by the President to end the FBI's investigation of Flynn.

We review the details of that prepared testimony, including Comey's confirmation that he did, in fact, indicate to Trump on three different occasions that he was not personally being investigated by the Bureau at the time. Trump's personal attorney cites that testimony to claim the President is "completely and totally vindicated" by it. Others, however, regard the testimony as "explosive" and as confirmation that Trump attempted to obstruct justice.

Also today, more on the leaked NSA analysis charging that Russian intelligence attempted to access the computers of election officials around the country after successfully sending spear-phishing emails to employees at a private voter registration firm. That rather rudimentary hacking effort just before last year's election, no matter who did it (as explained in much more detail on yesterday's show), may have allowed access for the intruders to the computers that program voting machines, results tabulators and voter registration systems around the country. Also, NSA whistleblower Edward Snowden's offers a response to the arrest of the alleged leaker, Reality Leigh Winner, and the charges filed against her under the 1917 Espionage Act.

Then, as just-retired Dir. of National Intelligence James Clapper charges "Watergate pales...compared to what we're confronting now," we take calls on all of the above and whether listeners believe Democrats should begin impeachment proceedings against Trump (as The Nation's John Nichols argued earlier this week on the show) or at least promise such proceedings if they are elected to the majority in Congress in 2018. We received some rather surprising answers to that question from callers, as well as in regard to the charges filed against Winner!

Finally, we're joined by Desi Doyen with the latest Green News Report on the swift and global fallout following Trump's decision to pull the U.S. out of the historic Paris Climate Agreement...

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On today's BradCast, the Trump Administration introduces what economists --- on both the Right and Left --- are describing as a massive 2 trillion dollar accounting error (or, less generously, 'fraudulent' numbers) in their new budget proposal introduced today. And we get caught up on the latest late updates on yesterday's Manchester Bombing and the FBI's ongoing investigation of Team Trump. [Audio link follows below.]

As Trump continues his overseas trip, the White House released his Budget Policy plan in full, including some $1 trillion in cuts to social programs, billions of dollars of increases in defense spending and what they describe as deficit reduction measures over the next 10 years. The plan, if enacted, would deeply slash programs from Medicaid to Social Security Disability Insurance to food stamps to financial student aid to agricultural subsidies relied upon by an enormous number of Trump voters.

But, aside from those cruel cuts, as our guest today, former Obama Administration tax policy adviser Seth Hanlon explains, the budget includes a huge, $2 trillion accounting error. Actually, Hanlon described it last night in a Twitter rant as '[Bernie] Madoff-level accounting fraud...designed to fleece vulnerable people'. Others today, including conservative budget experts, also describe the gimmick Team Trump uses to hide the decline in revenue as fraudulent --- or "impossible magic math" --- in that it counts the same (questionable) claims for increased revenues from massive tax cuts twice! Once to pay for the $5.5 trillion in tax cuts themselves, and then again to pay for $2 trillion in revenue in the Trump budget.

As Hanlon details, it's quite a trick! An impossible one, in fact, which he doesn't believe to be an accident, describing it as a "$7.5 trillion lie."

"In their budget," he explains, "they just pretend that this $5.5 trillion in tax cuts does not exist. And then at the same time...they say that the economy is going to grow by a full percentage point every year, so the economy is going to grow by 3% a year...And because of that extra economic growth --- and there's not much basis to think there would be that growth --- that brings in an additional $2 trillion of revenue. So they include that extra $2 trillion of revenue in their budget, while at the same time not including...the tax cuts that are supposedly producing that magic growth that results in the $2 trillion."

Hanlon, now a Senior Fellow at Center for American Progress, previously served as special assistant to President Obama for economic policy at the White House National Economic Council, coordinating the Obama administration's tax policy. He calls the Trump scheme "a deliberate decision simply to wave a wand and take the entire $5.5 trillion cost of the tax cuts out of the budget," adding that he "can't find anybody who actually defends it," including so-called conservative deficit hawks. We also discuss the cruel nature of many of the cuts, despite its unlikeliness to get very far as written, even in the Republican controlled Congress.

Finally, Desi Doyen joins us for the latest Green News Report with details on the "slash and burn" environmental aspects of the budget plan and for some good news out of Switzerland. (We'll take it!)

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Faced with his own inept inability to control the antics of his American prisoners, the only defense for bumbling Luftwaffe POW camp guard Sergeant Schultz was to pretend he had no knowledge of events. Confronted with what he saw and was told in this classic Hogan's Heroes clip, Schultz proclaims: "I see nothing! I was not here! I did not even get up this morning!"

Last Thursday, we witnessed a version of the Sergeant Schultz defense. But it wasn't for laughs. It came from a source said to be "close to the [Trump] administration". According to an NBC News report (later echoed by a number of other outlets), the source claimed that "Vice President Mike Pence has been kept in the dark about former National Security Adviser Mike Flynn's alleged wrongdoing"...

The source's claims are offered despite the fact that Flynn himself also served as one of Pence's vice-chairs on the Presidential transition.

The NBC report offers a plausible sounding explanation for Pence's seeming ability to be everywhere, yet know absolutely nothing about what happened, particularly given the number of occasions where Trump has swiftly thrown those defending his actions under the bus: e.g., when, one day after Pence said the President had simply complied with Assistant Attorney General Rob Rosenstein's "recommendation" when he fired FBI Director James B. Comey, Trump acknowledged he'd made the decision to fire Comey before Rosenstein wrote the memo.

But there are a multitude of reasons why the "I know nothing!" defense doesn't really wash, particularly given Pence's penchant to quietly lie with a straight face, even when directly confronted by contradictory information and instances in which Pence has denied all knowledge of otherwise broadly publicized information...

So who is the "nut job" here? On today's BradCast, Trump appears to have dug himself even deeper into the Obstruction of Justice mire and, speaking of "justice", Attorney General Jeff Sessions rolls back bi-partisan gains on criminal justice reform made during the Obama Era. [Audio link for show follows below.]

A new report today from the New York Times alleges that, during his Oval Office meeting with the Russian Foreign Minister and Ambassador last week, the day after he'd fired James Comey, President Trump described the former FBI Director as "crazy" and a "real nut job". He reportedly explained that he'd been under "great pressure because of Russia," but that pressure had been lifted due to his firing. If accurate, the new report, said to have been based on documentation of the meeting from the White House itself, could serve as more evidence of Obstruction of Justice by the President, who has now departed for a nine day overseas trip.

Foreign diplomats are reportedly making special preparations to deal with Trump in the Middle East and Europe, including plans to compliment him on his Electoral College win, and by keeping presentations short enough for his, um, limited attention span.

But lost among the sturm und drang over the Comey firing and related dramas over the past week or more is the fact that Trump's executive agencies, such as the EPA, the Department of Interior and Department of Justice, are all moving ahead with some pretty troubling policies. Among them, Attorney General Jeff Sessions' harsh new guidelines requiring federal prosecutors to charge defendants with the "most serious" crimes possible in order to, among other things, force judges to impose mandatory minimum sentencing. This comes even while the U.S. has less than 5% of the world's population, but nearly one quarter of its prisoners.

The new Trump Administration policies, rolling back progressive Obama Era reforms, are being enacted despite decades of plummeting crime rates and broad bi-partisan efforts for criminal justice reform, both at the state and federal levels, according to my guest today, former New York Asst. District Attorney Ames Grawert, now counsel at the Justice Program for NYU's Brennan Center.

Grawert, co-author of the new report, A Federal Agenda to Reduce Mass Incarceration, speaks to the Trump/Sessions claims that crime is rampant and ravaging the nation, despite all evidence to the contrary. "Fear sells," he tells me. "He [Trump] and Sessions need something to convince people that there's a need to embrace these draconian blast-from-the-past policies on mandatory minimums."

About those policies, Grawert laments, "Whether you come to it as a conservative from a moral angle, a religious angle, or simply a budgetary common sense angle, there's a lot of Republicans who are willing to say that criminal justice reform is an imperative for the country. It's shocking that Sessions [when he served as U.S. Senator, blocking a bi-partisan reform bill] was not one of them."

Obama's Deputy Attorney General Sally Yates (yes, that Sally Yates), had issued a memorandum last year instructing federal prisons to end contracts with private prison corporations for a number of reasons supported by both Republicans and Democrats. "Sessions rescinded that very early in his tenure," Grawert notes, "with an ominous declaration that it was needed to meet the quote 'future needs of the federal correctional system.'"

"The problem is that when you have mandatory minimums like these, and when you have an order like the one Sessions just put out last week preventing prosecutors from deciding how they are going to charge a case, it takes a lot of the discretion out of the hands of prosecutors. So, rather than making sure that they, who know the case best of all, are able to help the judge fit the punishment to the crime, you have prosecutors with their hands tied, required to seek a draconian sentence that they, themselves, and that judges also may not feel is actually called for."

"The one thing we learned from the last thirty years or so, is that the federal government's power of the purse, and the tone set in Washington, they carry a lot of weight at the state level," he tells me. "So if you have an attorney general saying, look, we need to send more people to jail for longer, you shouldn't think for a minute that people in states, people running for D.A., people running for governor's house, won't listen to that and take their cues from that."

Please listen to the full show with much more on all of the above right here...

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On today's BradCast, we do our best to surf today's news tsunami, with a focus on a few troubling and under-appreciated stories amid the political flood pouring out of Washington and around the world in the wake of the DoJ's appointment of Special Counsel Robert Mueller.

Among the huge number of quickly moving and/or under-covered stories pieced together on today's show...

• CA Assembly bill calls for Donald Trump's impeachment;
• U.S. launches new airstrike on Syrian forces (despite Congressional failure to authorize attacks on a sovereign nation, which could result in war with Russia);
• Michael Flynn blocked President Obama's planned offensive against ISIS, which was opposed by Flynn's secret client Turkey;
• Trump Team was told of FBI investigation of Flynn long before inauguration;
• VP Mike Pence, head of Trump Transition, still claims he knew nothing about Flynn's ties to foreign nations;
• Suspicion grows over Team Trump attorney, White House counsel Don McGahn;
• Senate Intel Chair offers two different stories on Flynn subpoenas;
• House Oversight Chair announces he's quitting Congress next month;
• Mueller's appointment receives mostly bipartisan support, as....;
• ...White House turns 'chaotically dark', cancels Kellyanne Conway appearance on Fox 'News', before...
• Trump turns against appointment of Mueller to describe it as 'unprecedented witch hunt', which 'divides the country', even as he begins to separate himself from 'Russia collusion' and prepares to throw campaign team under the bus;
• Finally, Desi Doyen joins us for the latest Green News Report with, among other things, a citizen call to action to save National Monuments set for possible repeal by the Trump Administration...

I wish our countries had "scandals" like this one instead...

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

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

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

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

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

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

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

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

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

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On today's BradCast: Coverage of the two (yes, two) most recent (yes, most recent) blockbuster reports regarding the President, as leaked out of the Oval Office. [Audio link to show follows below.]

First up today: Washington Post's explosive report from late yesterday detailing Donald Trump's alleged (and all but confirmed by Trump himself) sharing of highly classified information (reportedly now from Israel) during his recent meeting in the Oval Office with Russian Foreign Minister Lavrov and Ambassador Kislyiak. The White House, largely via National Security Adviser H.R. McMaster, strongly denies any wrong doing.

We're joined to discuss that and what we know and don't about it all, by Elizabeth Goitein, co-director of the Liberty and National Security Program at NYU's Brennan Center for Justice. And, unlike those who are reporting that Trump broke no laws in his alleged disclosure of sensitive information regarding ISIS, Goitein argues the case is not so clear cut.

Classification and declassification of sensitive information is spelled out by Executive Order of the President. "The existing Executive Order was written by President Obama. It is still in force unless or until Trump revokes it or replaces it," Goitein explains. "But President Obama himself would not have been bound by his own Executive Order. President Trump is not bound by that Executive Order. I think it's problematic that Presidents are not bound by their own Executive Orders. Or, I should say, it's problematic they can secretly depart from those orders. Ideally we would have a classification Executive Order that says what the President can do, even if it's just 'The President is exempt from all of these rules.'"

However, Goitein suggests that even a President could face legal exposure via the Espionage Act of 1917.

"The Executive Order is not the only law that is at play here," she tells me. "Congress has also stepped in on various occasions, to regulate the disclosure of national security information. And there are several statutes in which Congress has done that. The statute that seems most relevant here is the Espionage Act. And this is the law that President Obama infamously used to prosecute national security whistle-blowers and others who leaked information to the media, rather than actual spies and traitors, which is whom the law was designed to address. But this law, on its face, prohibits the communication of information related to the national defense --- whether that information is classified or not --- to anyone not entitled to receive it, if there's reason to believe it could be used either to harm the United States or to aid a foreign nation. So on it's face, that statute would certainly seem to apply."

I discuss that and much more with Goitein about this entire fine mess today. It's worth tuning in for that alone. But then...

Breaking hard mid-show today: The New York Times' perhaps even more explosive report detailing a memo written by then FBI Director James Comey describing his February one-on-one meeting with the President in the Oval Office, in which Comey reportedly charges that Trump requested he drop the Bureau's ongoing investigation into former National Security Adviser Michael Flynn. "I hope you can let this go," Trump said to Comey, according to the Times, in an account also vigorously denied by the White House, but which, if true, would amount to a very serious case of Obstruction of Justice by the President of the United States.

If only there was a taping system of some kind in the Oval Office so we could figure out who's telling the truth.

Finally today, after disembarking from that insane news roller coaster, if only for the moment, we finish up today with Desi Doyen and our latest Green News Report, because the planet doesn't really give a damn about either national security or politics...

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On today's BradCast, the fallout from the James Comey firing swirl further out of control, as I suspect it will for quite some time, while other disturbing Administration policies move forward with much less focus from either media or Congress. One such policy is Trump's recent Executive Order calling for the dismantling of National Monuments --- "public land grabs" and "outrageous abuses of power", as he has taken to incorrectly describing them --- on behalf of corporate drilling and mining interests. [Audio link to show follows below.]

The madness of King Donald continues to devolve at now breakneck speeds, as the White House and an increasingly enraged Trump continue their unsustainable spinning, flip-flopping and nonsensical rants concerning the President's sudden firing of the FBI Director earlier this week under an obviously phony pretext. The need to create fresh lies to cover up older ones is also creating fresh perils for those foolish enough to enter Trump's orbit, like Deputy Attorney General Rod Rosenstein. So, we've got the latest on all of that, including an interesting suggestion for Comey's permanent replacement, a bit of pushback from his Acting replacement, and some ill-considered admissions about the entire affair by Trump himself.

Meanwhile, as Trump keeps digging, and the media and Congress continue (justifiably) to obsess about and investigate it all, the Administration's other corrupt policy measures move forward with measurably less attention. Among those efforts is the unprecedented attempt to roll back National Monument designations by the three previous Presidents, including the Obama-designated Bears Ears National Monument in southern Utah.

In response to an Executive Order signed in April, U.S. Interior Secretary Ryan Zinke is touring the area this week, where more than 1 million acres of land that is sacred to Native Americans and home to tens of thousands of archaeological sites, including ancient cliff dwellings, are now being reviewed on behalf of Trump, Congressional Republicans and corporate fossil fuel interests.

Joining us today to describe the local, tribal efforts to protect these native public lands --- and the Utah Congressional delegation's efforts to undermine them (literally) --- are Carleton Bowekaty, a Zuni Tribal councilman and co-chair of the Bears Ears Inter-Tribal Coalition, and Matthew Campbell, attorney with the Native American Rights Fund.

They both explain the reasons why the Antiquities Act of 1906 was invoked by President Obama to protect the lands; speak to some recent "extremely offensive" comments by Sen. Orrin Hatch (R-UT); and the absurdity of Trump describing these designation of federal lands as national monuments as "federal land grabs".

Finally today, Desi Doyen joins us for the Green News Report, with news on the Administration's deliberations regarding the landmark UN Paris Climate Agreement, the latest on the nuclear emergency in Washington state, and much more...

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On today's BradCast, as you might have guessed, we pick up on the news that broke mid-show yesterday of Donald Trump's stunning and sudden firing of FBI Director James Comey, while the fallout and reeling continues in D.C. and across the nation today. [Audio link to show follows below.]

The pretext for that firing, which even some on Fox "News" describe as "almost inexplicable", was Comey's alleged mishandling last year of the Bureau's investigation into Hillary Clinton's use of a private email server while Sec. of State, according to a letter [PDF] written by new Deputy Attorney General Rod Rosenstein.

A handful of Republican Senators (though some key ones) have expressed concern or "disappointment" over "the timing" of Trump's unprecedented firing of the FBI chief, which appears to have caught just about everybody by surprise, even as investigations continue at both the FBI and Congress into Trump and members of his campaign regarding allegations of undeclared ties to Russia and/or other foreign nations both during the campaign and after the election.

Democrats, meanwhile, are outraged by Comey's firing, despite their furor about the way he oversaw the Clinton probe last year during the run-up to the Presidential election. They are calling for a special prosecutor to be named by Rosenstein at the DoJ and an independent bi-partisan special committee to be named by Congress to investigate all of this. Many are comparing Trump's dismissal of Comey to Nixon's "Saturday Night Massacre" at the height of the Watergate investigation, others describing it as "a grotesque abuse of power by the President", while some Congressional Democrats are citing this moment as "a full-blown Constitutional crisis."

Joining us today to try and explain what is or isn't going on here, and whether it amounts to such a Constitutional crisis, full-blown or otherwise, is author and Constitutional law expert Ian Millhiser of ThinkProgress Justice. He explains the legitimate complaints against Comey, while making the case that his firing was little more than an effort by Trump to disrupt the FBI's ongoing Russia probe.

"What is the emotion you're supposed to feel when the biggest villain in the United States fires the second biggest villain in the United States?," Millhiser wryly asks, before detailing the legal underpinnings for Trump's move, whether any of it is in violation of the law or the U.S. Constitution, and whether Rosenstein or his new boss, Attorney General Jeff Sessions, acted inappropriately in collusion with Trump and the White House.

"The story of the last nine years of American politics," he goes on to explain, "has been that people like Trump, and Jeff Sessions, and James Comey, and Mitch McConnell --- maybe I shouldn't lump Comey in with them because I don't know that he was necessarily acting in bad faith in the way that some of the other ones are --- but people have figured out that we don't have a system of rules that prevents you from doing a lot to blow stuff up, and that prevents you from engaging in a lot of sabotage. What we have are norms that people just didn't violate because they cared enough about the United States of America not to do so."

Those days, Millhiser argues today, appear to be over --- at least as of right now --- in these United States.

Finally, we close with a tiny bit of good news today --- thanks, in part, to the surprising vote of at least one Republican Senator --- regarding the GOP's continuing attempt to roll back Obama Administration fossil fuel-related regulations on public lands...

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On today's BradCast: The stunning breaking news that FBI Director James Comey has been fired by Donald Trump hits smack dab in the middle of today's show.

Other than that, we also cover a whole bunch of other noteworthy stuff today, including...

• South Korea elects liberal candidate who wants to open relations with North Korea as new President, Donald Trump about to get very confused;
• Trump Campaign scrubs own website amid federal court hearing on 'unconstitutional' Muslim travel ban;
• Sally Yates makes mincemeat of both hypocritical U.S. Senators from Texas during her Monday Senate testimony;
• Vulnerable Rep. Rod Blum (R-IA) walks out of interview in a huff after being asked perfectly reasonable question;
• New study finds GOP Photo ID voting restriction laws suppressed huge number of voters in 2016, including some 200,000 in Wisconsin (which Trump reportedly won by 22,700 votes);
• Illinois Senate calls Republican Governor's bluff, advances bi-partisan bill for automatic voter registration;
• Desi Doyen joins us for the latest Green News Report as France votes for climate action and climate change-fueled extreme weather turns deadly in Midwest and South East.

Oh, and did I mention Donald Trump suddenly fired FBI Director James Comey today?!!...

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