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Latest Featured Reports | Wednesday, November 27, 2024
Sunday 'No Such Agreement' Toons
THIS WEEK: A Cabinet of Crooks, Kooks and Corrupted Curiosities...and more! In our latest collection of the week's most toxic toons...
How (and Why!) to 'Extend an Olive Branch' to MAGA Family Members Over the Holidays: 'BradCast' 11/21/24
Guest: Leaving MAGA's Rich Logis; Also: Bibi's 'war crimes'; Hegseth 'assault'; Gaetz out!...
'Green News Report' 11/21/24
  w/ Brad & Desi
Back-to-back killer storms in NW; Huge cache of 'rare earth' elements discovered in U.S.; Climate change worsened every hurricane; PLUS: NY revives congestion pricing...
Previous GNRs: 11/19/24 - 11/14/24 - Archives...
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Former Federal Prosecutor: Trump Must Be Sentenced in NY Before Taking Office Again: 'BradCast' 11/20/24
Guest: Randall D. Eliason; Also: Repubs cover for Gaetz; FCC nom threatens censorship...
'Bullet Ballot' Claims, Other Arguments for Hand-Counting 2024 Battleground Votes: 'BradCast' 11/19/24
Also: PA Supremes order votes tossed before Senate recount; Gaetz files reportedly hacked...
'Green News Report' 11/19/24
Trump nominates fracking CEO, climate denier to head Dept. of Energy; Winters warming quickly in U.S.; PLUS: Biden heads to Amazon Rainforest to offer hope...
Trump Already Violating Law (He Signed!) During Transition: 'BradCast' 11/18/24
Guest: Former Dep. Asst. A.G. Lisa Graves; Also: Flood of unqualified, corrupt Trump noms for top cabinet posts...
Sunday 'Into the Gaetz of Hell' Toons
THIS WEEK: Pyrrhic Victories ... Cabinet Clowns ... Blame Games ... Sharpie Shooters ... And more! In our latest collection of the week's sleaziest toons...
'Green News Report' 11/14/24
NY, NJ drought, wildfires; GOP wins House, power to overturn Biden climate action; PLUS: Very high stakes as U.N. climate summit kicks off in Baku, Azerbaijan...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Former President falsely claimed it was due 'only' to lack of 'standing'...
By Ernest A. Canning on 9/16/2024 10:35am PT  

At last Tuesday's Presidential Debate, one of ABC News moderator David Muir's questions to Donald Trump referenced a recent apparent admission by the former President that he'd actually lost the 2020 Presidential election "by a whisker". Trump went on to claim that those televised remarks were meant as sarcasm.

That produced the following colloquy...

MUIR: I did watch all of these pieces of video. I didn't detect the sarcasm, "lost by a whisker," "we didn't quite make it," and we should just point out as clarification, and you know this, you and your allies, 60 cases in front of many judges. Many of them...

TRUMP: No judge looked at it...

MUIR: ...and said there was no widespread fraud.

TRUMP: They said we didn't have standing...a technicality.

This was a classic case of Trump doubling down on the Big Lie that led to the Jan. 6, 2021 insurrection. In more than 60 cases, state and federal courts --- at the trial and appellate levels --- rejected legal challenges filed by Trump and his allies. In many instances, the cases were lost, not because Trump or his allies lacked legal standing to bring the case, as Trump claimed, but because they failed to produce evidence to support their claims of fraud. Indeed, on some occasions, Trump's attorneys even admitted they couldn't establish fraud.

Consider, for example, our coverage of a Nov. 21, 2020 Decision [PDF] by U.S. District Court Judge Matthew Brann in Donald J. Trump for President v. Boockvar, a case in which then Trump attorney Rudy Giuliani admitted, in open court, that he had no evidence of voter fraud to present to the court...

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House J6 Committee's report details how the then-President's anti-Pence tweet was directed at, and likely to produce, 'imminent lawless action'...
By Ernest A. Canning on 12/28/2022 9:05am PT  

The violence was no accident. It was not a peaceful protest that spun out of control. Instead, as Rep. Elizabeth Cheney (R-WY) observed, in explaining her Jan. 11, 2021 vote to impeach, a then "President of the United States summoned the mob, assembled the mob, and lit the flame for this attack." It was, by the former President's deliberate design, a violent insurrection.

In its Executive Summary [PDF] released last week, the bipartisan House Select Committee to Investigate the January 6th Attack on the United States Capitol amplified its referral to the U.S. Department of Justice for potential prosecution of former President Donald J. Trump et al. under provisions of 18 U.S.C. §2383 - Rebellion or Insurrection, which expressly applies to anyone who "incites" an insurrection.

"A Federal Court", the Committee observed, "has already concluded that President Trump's statements during his Ellipse speech were "plausibly words of incitement not protected by the First Amendment."

Those "words", uttered by the then President on January 6, 2021 at what was billed as a "Stop the Steal Rally" at the Ellipse near the White House, included 22 occasions in which Trump urged his supporters to "fight". He told them: "We fight like hell. And if you don't fight like hell, you're not going to have a country anymore." Trump offered those words to an angry, armed mob gathered in D.C. that morning after his lawyer, Rudy Giuliani, at the same rally, called for "trial by combat."

While not mentioned in the Committee report's Executive Summary, the video recordings of the rally reflect that, as the former President was speaking, the crowd chanted: "Fight for Trump! Fight for Trump!"

Trump knew those he'd summoned to Washington D.C. on Jan. 6 were both armed and dangerous. According to Cassidy Hutchinson, an aide to then Chief of Staff Mark Meadows and one of the J6 Committee's star witnesses, Trump became irate when "thousands would not pass through the magnetometers" at the rally site, which had been erected by the Secret Service for his protection. She testified that the former President said: "I don't F'ing care that they have weapons. They're not here to hurt me."

Given the totality of the evidence assembled by the Committee over the past 18 months, detailing Trump's multifaceted effort to overturn and steal the election from the American people in order to retain the Presidency, a prosecutor would be well positioned to argue that, when Trump directed thousands of angry and armed supporters to move to the Capitol, he was extolling them to essentially carry out a violent coup and that the words uttered at the Ellipse were, indeed, "incitement" within the meaning of the Insurrection statute.

Indeed, his reported irate antics in response to his Secret Service detail's refusal to permit him to accompany the mob at the Capitol, suggests that the former President saw his own role as that of an insurrectionist Commander in Chief --- someone who could direct the actions of an armed mob that included members of extremist militias clad in tactical gear.

As defined by the U.S. Supreme Court in Brandenburg v. Ohio (1969), however, speech is prohibited only where it is (1) "directed at inciting or producing imminent lawless action", and (2) "likely to incite or produce such action." [Emphasis added.]

That definition provides room for Trump's legal counsel to argue the former President merely told the crowd to "go to the Capitol"; that it wasn't an incitement to "imminent" violence.

However, that plausible defense evaporated on Jan. 6, 2021 at 2:24 p.m. when Trump tweeted...

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Special Coverage with former Deputy Asst. Attorney General Lisa Graves, Salon contributor Heather Digby Parton...
By Brad Friedman on 6/23/2022 6:41pm PT  

Yes, we heard him correctly! Rep. Bennie Thompson, Chair of the bipartisan U.S. House Select Committee investigating the January 6 insurrection, opened today's 5th day of public hearings by noting that Donald Trump tried to "steal" the 2020 election! Finally, as noted on today's BradCast Special Coverage, we're getting somewhere! Let's see if the rest of the media is still as allergic to using the correct word for the crime that Trump and his supporters hoped to pull off! [Audio link to full show is posted below this summary.]

Before we get to our Special Coverage today, we've got a few too-brief words on today's unelected, rogue, corrupt, stolen and packed 6 to 3 Republican US Supreme Court majority undermining states' rights to "well-regulate" the carrying of firearms in public in their own states, and undercutting Miranda rights for those detained by law enforcement.

Then, it's on to another harrowing day of the House J6 Committee's gripping hearings, detailing Trump's unrelenting and virtually psychotic attempts to steal the 2020 Presidential election from the American people. Today's hearing focused on his failed attempt to decapitate the remaining leadership at the U.S. Department of Justice after his own Attorney General Bill Barr resigned in response to the loser Trump's repeated and knowingly false claims that Joe Biden only defeated him thanks to massive, if apparently evidence-free, fraud.

The DoJ scheme involved replacing Trump's Acting Attorney General with a low-level apparatchik named Jeffrey Clark who agreed to do Trump's bidding. The plot came within a hair's breadth of overthrowing the entire American government. It was only the promise of hundreds of top DoJ officials resigning en masse that ultimately forced Trump to relent.

Three of those top officials, former Acting Attorney General Jeffrey Rosen, his acting Deputy AG Richard Donoghue, and former Asst. AG in charge of the Office of Legal Counsel (OLC), Steve Engel, testified live on Thursday under questioning by Illinois' Republican Rep. Adam Kinziger, who detailed just "how close we came to losing it all."

The panel laid out in detail how the DoJ (as well as DHS and DoD) were relentlessly directed by Trump, over and again, to investigate every absurd, easily-debunked conspiracy theory dredged up by rightwing MAGA Internet clowns. From false claims about Dominion voting systems to false claims about truckloads of shredded ballots to false claims about Italian military satellites and Chinese-made smart thermostats flipping votes from Trump to Biden.

Nevertheless, Trump's apparatchik Clark was willing to do Trump's bidding. He drafted a letter to send to swing-state legislatures falsely instructing them that the Department had found massive fraud that would change the results of the elections, directing their state legislatures to reconvene to choose electors for Trump instead of Biden. Rosen and Donoghue, to their credit, testified that they refused to sign the bogus letter, and then detailed how Trump schemed to fire Rosen and replace him with Clark, who had never even tried a criminal case, as the DoJ's chief. It all culminated in the infamous, hours-long, January 3rd, 2021, Celebrity Apprentice-style Oval Office showdown where both Rosen and Clark made their cases. Rosen's was backed up by the entire leadership at DoJ (as well as White House Counsel), who vowed to leave if Trump pulled the trigger and fired Rosen. That would have resulted in an unprecedented Constitutional crisis just days before the joint session of Congress to confirm Biden's victory.

And, after all of that, Kinzinger noted at the end of today's hearing, Trump still went out to his rally on the Ellipse on January 6th and repeated all of the long-ago debunked claims of fraud, inciting the deadly insurrection at the U.S. Capitol.

Today's hearing began just moments after CNN reported that Clark's home had been raided by the FBI before dawn on Wednesday. So, it would seem, the current Dept. of Justice is actually on the case.

We're delighted to be joined today by two fantastic guests, one of whom is a former DoJ Attorney with a great deal of insight into DoJ procedures and the harrowing testimony offered today. LISA GRAVES, who is now Executive Director of the research firm True North Research, served as Deputy Asst. Attorney General at the U.S. Justice Dept during the Clinton Administration and into the peaceful transition to George W Bush's Administration. She then became Chief Counsel for nominations in the U.S. Senate and a Deputy Chief for the US Court system. HEATHER DIGBY PARTON, our anchor guest during all of the hearings to date, is the beloved proprietor of her long-running Hullabaloo blog and an award-winning contributor at Salon.

Graves is a font of insight regarding the way the DoJ is supposed to work and just how wildly dysfunctional, inappropriate --- and most likely criminal --- the actions of both Trump and Clark were during the disgraced former President's final days attempting to cling to power.

Clark, she argues, "is a man who was willing to bend any law in order to serve the political agenda of this President, and is exactly the type of person who should never be entrusted with any position of power or public trust. He clearly is someone who is more than willing to set aside facts and law. What we see is this man at the center of a criminal conspiracy, in my view, and the [former] President is at the helm of that conspiracy."

As Parton notes today, the "the Constitutional crisis that everyone was hinting at [was] in retrospect, a very close thing," as Trump was trying to "overthrow the government" just three weeks before the inauguration. But Trump's ultimate, begrudging decision to not fire Rosen and replace him with Clark means that "Trump was not irrational. He did know what he was doing." And that, she observes, is "a new and interesting data point" to come out of today's hearings.

Also coming out of today's hearings, a list of six Republican members of Congress who apparently recognized that their involvement in this criminal conspiracy could land them in prison. So much so that they unsuccessfully sought pardons from Trump before he left office. Among those named by former White House officials as seeking pardons: Reps. Mo Brooks (AL), Matt Gaetz (FL), Scott Perry (PA), Louie Gohmert (TX), Andy Biggs (AZ) and Marjorie Taylor Greene (GA).

We've got much more smart insight and analysis in today's Special Coverage. Please tune in!...

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Also: Cold soup, dumb members of Congress; GOP flipping Dem voter registrations to Repub in FL; Media and Merrick Garland ill-serving the American people and the rule of law...
By Brad Friedman on 2/10/2022 6:56pm PT  

A helpful reminder or two on today's BradCast. Those haunting, thundering, Third Reich-style Trump campaign rally chants of "LOCK HER UP!" back i 2016 were in response to his claims that Hillary Clinton had criminally mishandled classified information in her emails while serving as Secretary of State. Despite months of very public investigation by the Dept. of Justice at the time --- in violation of their own guidelines --- she was never charged with anything or found to have violated the law. But that's what the MAGA Mob was bellowing about way back then, just in case you may have forgotten. That's just part of, but at the heart of, what I've got a bit of a rant about on today's program. [Audio link to the full show is posted below this summary.]

Before we get there, an item or two to laugh whole-heartedly about. Consider it a cold appetizer. Super-genius Georgia GOP Rep. Marjorie Taylor Greene believes Nancy Pelosi is unleashing her "gazpacho police" on Republican members of Congress. Which, as the laughter dies down, we're reminded of the time super-genius Texas GOP Rep. Louie Gohmert accused then Attorney General Eric Holder in 2013 of "casting aspersions on [his] asparagus."

With all of the Republican food-related malapropisms aside, it's back to still more stark examples of how Republicans and Democrats are treated differently by both the corporate media and law enforcement. One swell new example comes out of Florida this week, where it appears that the state Republican Party is sending operatives door-to-door to low-income buildings and targeting senior citizens in Miami-Dade County to sign applications for new voter IDs. Even when the elderly citizens don't bite, apparently, thousands of them may be receiving new voter IDs in the mail with their party affiliation changed from Democratic (or independent) to Republican.

Haven't heard about that story? You would have --- in spades --- had the party affiliations in the story been reversed. It would have been covered virtually wall-to-wall by national media by now, and Republicans would have been demanding prosecutions and legislation in Congress to prevent this kind of outrage from happening again. But, it was Republicans doing the criming with Dems affected by it, so...ya know...

That disparity also permeates the corporate media coverage of just the latest collection of boxes of evidence of criminal felonies committed by our former President. And, by way of help for many in the corporate media, Merriam-Webster offers these two top definitions for the word "steal": "1 - to take (something that does not belong to you) in a way that is wrong or illegal. 2 - to take (something that you are not supposed to have) without asking for permission."

The word "steal" should be particularly useful this week, in their coverage of the growing mountain of evidence that demonstrates, in no uncertain terms, that Trump tried, but failed, to STEAL the 2020 Presidential election. Over and over again.

And, as we've been learning this week, he also STOLE boxes and boxes of documents --- some reportedly "clearly marked" as "classified" and "top secret" --- when he left the White House more than a year ago. The theft is in clear violation of the Watergate-era Presidential Records Act barring the destruction, alteration or theft of such documents. Incredibly, the National Archives is said to have been negotiating for "several months" to get the stolen documents and other items back, and even now, the Archives doesn't know whether they've received everything that Trump stole when he was booted from office.

Of course, we knew he repeatedly broke the Presidential Records Act long ago. But as more reporting this week confirmed, Trump frequently destroyed Presidential records by tearing them up, despite having been "counseled by at least two chiefs of staff and the White House counsel to follow the law on preserving documents."

Today's newest report along those lines is that he may even have flushed unknown numbers of "printed pages" down the toilet at the White House, offering a new light on his attempt to order the EPA to change their water regulations in late 2019 because, as he bizarrely asserted at the time: "People are flushing toilets ten times, fifteen times, instead of once." Really? Are they? Or was he?

I''ve got a quite a bit to say about all of this today, impossible to adequately detail in this summary. Suffice to say, as the media twist themselves into pretzels to both report on Trump's crimes and downplay each and every one of them in the very next sentence, the stark difference in how they cover Republicans versus Democrats has never been clearer or more appalling.

Even more appalling, the difference in the way the Dept. of Justice appears to treat Republicans versus Democrats, especially high profile ones. Especially at this precarious moment in American history.

Note to Merrick Garland. Take your pick. There are mountains of evidence that everyone in the country already knows about. But, if a blatant attempt to steal a Presidential election from the American people is just too complicated or large or somehow too political for you to prosecute, the Presidential Records Act is simple. And you've got tons of evidence for that now as well, which everybody also now knows about. Either way, Mr. Garland, it's time to lock him up.

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Guest: Attorney, blogger Keith Barber on where the Jan 6 probe may be heading; Also: Majority of Americans now very worried about climate crisis; Manchin nixing another climate provision from Build Back Better...
By Brad Friedman on 10/26/2021 4:52pm PT  

As usual, we're looking both forward and back on today's BradCast...and not a whole lot of it looks fantastic in either direction. But their could be some accountability on the horizon, which always looks good to us. [Audio link to full show is below this summary.]

First up, some climate and "sausage making" news. New polling finds that a majority of Americans --- in both major parties --- now finally see our quickly worsening climate crisis as being of "high importance" to them. We break down the new survey and what it does and doesn't mean.

In related matters, as discussed on yesterday's program, there is still a chance that the U.S. could meet President Biden's pledge to cut greenhouse gas emissions that cause global warming in half by 2030 and reach net zero emissions by 2050, even after corrupt, coal-state Democratic Sen. Joe Manchin insisted on removing the key program for clean electricity from Biden's Build Back Better reconciliation bill. That program would have paid utility companies to move quickly to clean energy sources and penalized those that stuck with dirty, dangerous fossil fuels like coal and natural gas. But those already long odds may be getting much longer if Manchin is successful in removing yet another key climate provision from the bill, fees that are to be levied against the release of methane from oil and gas wells. Desi Doyen explains why that program is so important and how killing or weakening it, as Manchin reportedly wants, could be a fatal blow to our chances of surviving our ongoing climate emergency.

Next, the Biden Administration this week has, for a second time, rejected our disgraced, twice-impeached former President's attempt to invoke Executive Privilege to prevent the release of more Trump-era White House documents regarding the attack on the U.S. Capitol on January 6th. The documents are the second tranche requested of the National Archives by the U.S. House Select Committee investigating the Trump-incited attack.

That bad news for the former President (but good news for all democracy-loving Americans) comes on the heels of a series of reporting shedding additional light on Trump's attempt to steal the 2020 election, including by insurrection at the Capitol. Over the weekend, Washington Post detailed the "war room" effort carried out at the historic Willard Hotel near the White House from December through January, as Trump's activist lawyers, goons and other operatives, such as Rudy Giuliani and Steve Bannon, plotted various ways to overturn Joe Biden's victory.

Another report over the weekend from Rolling Stone documents the ways in which at least seven GOP U.S. House Reps participating in the planning of the rallies that led to the assault on the Capitol. Those members of Congress, according to two of the organizers who served as sources for the magazine (who are also said to be cooperating with the Jan. 6 Committee) are Marjorie Taylor Greene (R-GA), Paul Gosar (R-AZ), Lauren Boebert (R-CO), Mo Brooks (R-AL), Madison Cawthorn (R-NC), Andy Biggs (R-AZ) and Louie Gohmert (R-TX). In the wake of the reporting, a number of Democrats in the House are now calling for the expulsion of those Republican members.

The Rolling Stone report also cites Gosar as encouraging the two unnamed organizers by telling them they could expect a "blanket pardon" from the President for a separate, unidentified matter in which they are said to have been involved. If true, Gosar's (apparently false) promise, if it was actually made, also seems to place Trump himself squarely at the center of organizing the conspiracy that eventually became a deadly attack on the U.S. Capitol.

Monday, on MSNBC, Bob Woodward and Robert Costa, who detailed the Willard Hotel war room in their new book PERIL, offered more details, with Woodward reporting that the pair had "talked recently with a former Republican head of the Criminal Division in the Justice Department who said there is a 'lay down case,' just in what we know --- 18 U.S. Code, Section 371 --- a law that says it is a crime to defraud the government in any deceptive way, and that's exactly what they did here."

Last night, citing Woodward's comment, our guest today, KEITH BARBER, who blogs at Daily Kos under the name "KeithDB", broke down exactly what 18 U.S.C. § 371 actually is and how it could or should be applied here. In addition to being a regular dKos contributor on legal and constitutional matters, Barber is a former U.S. Army Captain, a longtime (now retired) attorney, and a lifelong Republican, at least "pre- Trump", according to his profile at the website.

Today, he walks us through the statute in question today, explaining how it is interpreted by the DoJ and how it appears to apply quite perfectly to both Trump and his cronies in their efforts to steal last year's Presidential election through deception and fraud.

Citing the DoJ's own explanation for its attorneys, Barber notes that he "was really surprised how stunningly broad" the statute is. "It basically can refer to impairing, obstructing or defeating the lawful function of any department of government, or depriving any department of government of its lawful right and duty required by law."

"Here," he continues, "we have counting of the Electoral College votes, very much required by law. That has to be done. A duty of Congress by law. And, arguably, the efforts going on in that 'war room', even setting aside the violence question --- the efforts to, through legalese and bogus Constitutional means, overturn the election --- constituted an effort, through deception and dishonesty, to overturn the election." Barber argues that Trump's criminal conspiracy seems to perfectly meets the DoJ's definition of the law, exactly as Woodward and Costa's former DoJ source posited.

Then, of course, the question is: Will the House Select Committee on January 6 cite that section of federal law and, more importantly, will the DoJ take action to enforce it against Trump and/or his cronies? As we also discuss, the DoJ has been less than aggressive in upholding the conspiracy law against Trump in other matters, such as the criminal conspiracy that both federal prosecutors and his former lawyer, Michael Cohen, allege that Trump "directed" in the hush-money payoffs to adult film actress Stormy Daniels --- for which his co-conspirator Cohen served time in prison.

There's much more in our conversation, including what to make of Gosar's alleged promise of "blanket pardons" and whether the attempts by Trump attorneys, such as John Eastman and Rudy Giuliani, to avoid testimony to the January 6 Committee by claiming attorney/client privilege, will legally hold up. (Spoiler: It won't, explains Barber.)

Finally, we're joined again by Desi Doyen with our latest Green News Report on one of the busiest weeks in climate news in our 12 years of producing the GNR. So, I won't even try to summarize it here. But, please do tune in for that and much more on today's BradCast!...

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Guest: Democracy activist, legal scholar Paul Lehto; Also: New Congress, same old problems; Former SecDefs issue warning about Trump; Unhinged President's unhinged phone call threatening GA's Sec. of State...
By Brad Friedman on 1/4/2021 7:39pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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'Poll Pad' systems made by KNOWiNK shut down, slow voting in several states; USPS ordered to sweep for undelivered ballots; Houston voters win again; World awaits election results...
By Brad Friedman on 11/3/2020 6:01pm PT  

I've got to be quick about this today, as polls are now closing on the nightmarish hellscape that is Election Day 2020. But, on today's BradCast, we cover some of the reported problems voters had around the country on Tuesday, thanks to failed voting systems in battleground states such as Georgia, Pennsylvania, Ohio and Texas. [Audio link to show follows below.]

Happily --- perhaps due to so many voters having already voted during Early Voting or by-mail --- there were far fewer problem reports today than in recent Presidential elections. At least as of air time. Frequently, problems don't reveal themselves until later. But, for now, we focus on a few places where voting systems went down entirely, preventing voters from voting in those states.

In almost every case it was related to the failure of electronic pollbooks made by a company named KNOWiNK, which produce the devices called "Poll Pads". Those systems seem to be behind the countywide shutdown of voting for the first several hours of Election Day in Spalding County, GA and in Morgan County, GA. Despite months of warnings from voting systems experts --- and a federal court order --- and the systems failing during the state's June primaries --- Sec. of State Brad Raffensperger did not make sure that backup paper pollbooks were in place. That meant that voters in Spalding could not vote at all for hours on Election Day. In Morgan, election officials were a bit more prepared, it seems. They were able to keep the process going, even if lines were a bit longer than hoped.

Similarly, when the Poll Pads failed in Ohio's Franklin County (Columbus), officials had backup paper pollbooks on hand, as ordered by Ohio Sec. of State Frank LaRose.

Early reports, overall, were that voting went largely smoothly in Philadelphia, in the battleground state of Pennsylvania that both Joe Biden and Donald Trump consider to be critical for their respective hopes of a victory.

But down in Texas, which is now also a battleground state, problems with the e-pollbooks in Upshur County prevented precincts from opening for several hours on Tuesday morning. That could not only affect the Presidential race, but the contest against loony incumbent Republican Rep. Louie Gohmert by Democrat Hank Gilbert in the state's 1st Congressional District. He spent hours in court today, helping to extend polling hours to try and make up for the early morning vote system failure.

Also in Texas, overnight, the far-right 5th U.S. Circuit Court of Appeals upheld a lower far-right lower court judge's ruling that dismissed a challenge to Harris County (Houston)'s ingenious drive-thru polling places, meant to help voters stay safe during the pandemic. The Republican plaintiffs in that case are hoping to reject more than 127,000 legal votes cast from cars in the state's largest county, a Democratic stronghold in the previously very "red" state.

MANY more details on ALL of the above and more on today's show, which closes with Desi Doyen and our latest Green News Report on the record-setting Hurricane Eta, now smashing into Nicaragua and possibly headed our way, and the stakes for humanity and the planet itself in today's Presidential Election....as the world anxiously watches and waits along with us...

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The dark money conspiracy behind the anti-mask, pro-hydroxychloriquine movement; The conspiracy of white supremacist provocateurs behind BLM 'riots'; Also: COVID conspiracist Rep. Gohmert has COVID...
By Brad Friedman on 7/29/2020 7:28pm PT  

On today's BradCast (after a quick correction, thanks to @RadioDoogie on The Twitters, about a point covered on yesterday's show): Conspiracy theorists are too often disregarded. Especially with so many actual conspiracies behind so many of the disasters we're now facing in the U.S. [Audio link to show is posted below summary.]

Sure, some should be disregarded. One example is rightwing wingnut Rep. Louie Gohmert of Texas, who seemed to think that the coronavirus was some sort of conspiracy spun up by Democrats or the Chinese (or someone) to take down Donald Trump and the Republicans. A missive from one of his aide's suggests he berated staff members who wore masks after he demanded they show up at his office each day in the middle of our worsening pandemic to "be an example to America on how to open up safely."

COVID isn't a conspiracy. And now Gohmert is infected with it. We wish him and, most importantly, his family and staff well. He's just one of far too many who could now be facing serious consequences because he either fell for the phony conspiracy claims or knew better but didn't care. Here's just another heartbreaking example of someone else who fell for the hoax that Gohmert was helping to spread that coronavirus was a hoax.

But, there is indeed a conspiracy behind the claims that COVID is a hoax. We saw that well-funded conspiracy playing out in real time this week, as the dark money-supported "Tea Party Patriots" spun off to another phony astroturf organization calling itself "America's Frontline Doctors". They're the ones who put on that Breitbart live-streamed show in D.C. this week --- with quack "doctors" declaring hydroxychloroquine is a "cure" for COVID and that you shouldn't wear a mask --- which both Donald Trump and Donald Trump Jr. (and millions of others) retweeted in tandem earlier this week. The pair of Stable Geniuses were temporarily suspended (Jr.) by the social media platform for sharing what Twitter and Facebook and YouTube describe as "false information about cures and treatments for COVID-19" or saw the retweets deleted entirely (Sr.) But, yes, there is a very real --- and well-funded --- conspiracy of desperate wingnuts hoping to save the 2020 election for Trump who are behind the deadly nonsense that has hoaxed so many and killed at least 150,000 Americans to date.

Meanwhile, in Minneapolis, police have now identified the infamous "Umbrella Man". Remember the white man clad from head to toe in black, with a gas-mask and umbrella, using a hammer to casually smash the windows at an AutoZone store to help kick off riots and looting after two days of otherwise peaceful protests following the police killing of George Floyd?

Turns out the man, now identified by the Minneapolis Police Department as Mitchell Wesley Carlson, is allegedly a member of the Hell's Angels-affiliated Aryan Cowboy Brotherhood, a white supremacist group who "wanted to sow discord and racial unrest by breaking out the windows and writing" "free shit for everyone zone" on the doors of the store, according to the MPD. (He has also been tied to the Aryan Cowboys harassment of a Muslim woman and her four-year old child in a neighboring city of Stillwater.)

The conspiracy to spark riots blamed on "leftist anarchists" worked, and was undoubtedly part of a larger effort identified by leaked memos from federal authorities tracking "white racially motivated violent extremists" who reportedly discussed inciting riots while posing as "members" of the loosely affiliated group of anti-fascists who call themselves Antifa. So, the "conspiracy theory" pushed by Trump and Attorney General Bill Barr and other Fox "News"-fueled Republicans that Black Lives Matter, Antifa and unidentified "leftist anarchists" are somehow behind riots and looting at mostly peaceful protests around the country has little evidence to support it. But the theory that a conspiracy of white supremacist provocateurs is hoping to spark a race war --- evidence of which is conveniently ignored by Trump, Barr and all the rest --- appears to be, so far, right on the money.

Finally today, at the end of another harrowing hour, it's the great Randy Rainbow to save us all with another much-needed --- and hilarious --- musical happy ending...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 5/21/2015 11:05am PT  


Follow @GreenNewsReport...

 
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IN TODAY'S RADIO REPORT: Major oil spill off the Santa Barbara coast; Another settlement reached in 2010 BP Gulf Oil Spill; Fossil fuels subsidized to the tune of $5 trillion a year; PLUS: President Obama to Coast Guard cadets: climate change is a threat to global and national security ... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): US House Republicans Vote To Restrict Research Funding; Chinese Fleets Illegally Fish in West African Waters, Greenpeace Says; In Heavily Fracked Ohio County, Unsafe Levels of Toxic Pollutants; Avian Flu Outbreak Takes Poultry Producers Into Uncharted Territory... PLUS: Experts Blast New York Times Hit Piece On EPA... and much, MUCH more! ...

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

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