On today's BradCast: There is a long list of pretty clear crimes that Donald Trump and his cronies have committed and might have been charged with by now. So far, however, a full year since he lost the election and nearly eight months since Merrick Garland was sworn in as President Biden's Attorney General, there is little sign of accountability for the disgraced former President at the federal level. Citing what they describe as a failure to meet this critical moment for the nation, some legal and Constitutional experts are now calling for Garland to resign. [Audio link to full show is posted below this summary.]

It's not as though the U.S. Department of Justice hasn't been busy in the wake of Trump's four years of undermining both the rule of law and the DoJ itself. They have, to date, brought charges against nearly 700 rioters incited by Trump to attack the U.S. Capitol in hopes of stealing the 2020 election somehow on January 6th.

In recent days, the Department has also filed two federal lawsuits against the state of Texas for their new voter suppression law and their clearly unconstitutional new law banning most abortions in the state. They've also brought suit against the state of Georgia in recent months, challenging their new voter suppression law as well.

Meanwhile, active investigations into Trump's potential violations of law are underway by state and local prosecutors both in New York and Georgia. But, at the federal level, there seems to be nothing, at least in sight, despite a laundry list of legal transgressions by the former President and his accomplices, dating well before his term in office and continuing right up through the very end.

"Over the past thirty years, Merrick Garland served with distinction as a federal prosecutor and then as an appellate judge," a new statement [PDF] and campaign by the nonpartisan legal advocacy nonprofit Free Speech for People (FSFP) begins. "Unfortunately, as Attorney General for the past eight months, he has failed to take any meaningful action to hold accountable former president Donald Trump and his co-conspirators for attempting to overthrow the government on January 6, 2021 and a flurry of criminal acts in the months and years leading up to that date. Instead, he has adopted indefensible positions of the Trump Department of Justice (DOJ) to protect Trump from accountability. Since Garland is unwilling to step up, it is time for him to step down."

Their statement this week concludes: "As long as Trump and his co-conspirators walk free, American democracy is in danger. We need an Attorney General who understands that danger and is willing to take action to protect democracy and the rule of law. Merrick Garland must resign."

In response to FSFP's campaign launched on Thursday, Laurence Tribe, Harvard Law School's renowned legal scholar and Professor Emeritus, tweeted out on Thursday night that while he was "not ready to join this movement", he believes it is "worth noting" as it comes from "serious and responsible" people. "DOJ must take note," he warned.

Joining us to discuss their call for Garland to step down is FSFP's "serious and responsible" Co-Founder and President, JOHN BONIFAZ, a longtime, well-respected Constitutional expert, author and accountability champion. Back in January, before Garland was even sworn in as Attorney General, FSFP led a campaign with nearly a dozen other good government groups and some 200,000 individuals who signed on, calling for the nation's top cop, once sworn in, to form an independent task force to investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."

Now, months later, with no sign of any such task force OR investigation, FSFP has regrettably determined that Garland is not up to the task, with Bonifaz citing the apparent lack of charges --- at least so far --- against former Trump advisor Steve Bannon as "the last straw". Bannon was referred by the U.S. House for criminal Contempt of Congress to the DoJ two weeks ago. But as the group's statement observes, after detailing a panoply of apparent, if uncharged Trump-era crimes: "The last time that the House referred a contempt of Congress charge to DOJ, then-President Reagan’s prosecutors immediately brought the matter to a grand jury; it returned an indictment just nine days after the House vote."

In response to my questions as to whether federal probes could be ongoing at DoJ, but we simply don't know about them yet, Bonifaz cites the agency's prosecution of Trump lawyer Michael Cohen for charges related to a criminal conspiracy the DoJ declared at the time was "directed" by Trump, and the ten or more instances of Obstruction of Justice by the then-sitting President, as cited by Robert Mueller's Special Counsel investigation. While it has been DoJ's (ridiculous) policy that sitting Presidents may not be indicted while in office, that excuse is long gone, Bonifaz argues. "The fact that there's been no action whatsoever on any of these offenses, including the ones that were well-established the moment that Garland took office as Attorney General --- that is deeply concerning, and signals that they ultimately do not intend to engage in holding him accountable. We're ready to be surprised, but at this point, nine months after he has taken office, we need new leadership at the Dept. of Justice, in our view, to ensure that the rule of law is enforced."

Does Bonifaz believe that Biden's DoJ may be trying to protect the office of the President itself from charges of political bias or from the DoJ being used as --- or being seen as being used as --- a political weapon? "What is at issue is that the Donald Trump Administration and Donald Trump himself used the Dept. of Justice as his own private agency to cover up. So what's critical now is that the Justice Department establish itself as an independent agency that's not going to carry out the political agenda of the President. If anything, doing what they're doing, in this particular instance, indicates somehow that they may have political considerations at stake," he contends. "That they may not want to engage in indicting a former President because of the impact it will have on the current President and his own political agenda --- that is just as wrong as a decision by Donald Trump to misuse the Justice Department for his own political purposes."

"There is no get-out-of-jail-free card because it's hard for the nation to handle it, or because we somehow need to come up with this fiction that the President is protected in a special way than others are," he asserts. "He's a former President, and if he engaged in these federal crimes, he needs to be held accountable."

There is, of course, MUCH more from Bonifaz today on all of this, including whether he thinks folks like Harvard's Tribe and other accountability groups may sign on to FSFP's effort) they are collecting signatures on a petition at GarlandMustResign.org); the outrage of actual legal protections the DoJ has been offering on Trump's behalf in court; and whether he believes that state prosecutors in New York and Georgia, at this point, are more likely to ultimately bring at least some accountability for at least some of Trump's many crimes.

Also on today's show, more troubling evidence of outrageously extreme partisan gerrymandering being enacted as we speak by Republican-controlled states around the country, and the need --- for the survival of democracy itself --- for Democrats to step up in response, whether by partisan gerrymandering states that they control or, preferably, by passage of federal voting rights and election reform legislation in Congress, such as the Freedom to Vote Act, to ban partisan gerrymandering in all 50 states prior to the 2022 midterm elections...

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We covered a whole bunch of stories on today's BradCast. You'll have to tune in to find out what I have to say about most of them. Suffice to say there was a lot of both good news and bad. Often at the same time. [Audio link to full show is posted at end of this summary.]

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

• The full U.S. House voted to recommend criminal contempt charges to the DoJ for Steve Bannon's refusal to answer his subpoena for documents and testimony from the House Select Committee investigating Trump's January 6th insurrection.

• Texas' wingnut Lt. Governor Dan Patrick, who offered $1,000,000 for evidence of voter fraud after the 2020 election, is forced to pay out $25,000 to a progressive Democrat who caught a Republican voting twice in Pennsylvania.

• California certifies the results from last month's GOP Gubernatorial recall election, with the state's Democratic Gov. Gavin Newsom winning by the exact same percentages --- to the decimal --- that he won his first term back in 2018. Money well spent, Repubs! And thanks for wasting $300 million taxpayer dollars.

• Five veteran advisors to Arizona's Democratic Sen. Kyrsten Sinema have had enough. They quit her advisory board for service members with a blistering letter citing her obstruction of democracy and the Biden agenda. The progressive veterans group Common Defense has now turned the letter into a TV ad with a seven figure buy to condemn the obstructionist Dem.

• MoJo's David Corn reports that West Virginia's obstructionist Democratic Sen. Joe Manchin has a plan to quit the Democratic Party altogether. Manchin disputes the report. Corn stands by it. Either way, it should serve as a reminder of how fraught things are in the Senate right now, how narrow the Democratic majority is, and how the Senate could see Mitch McConnell and the GOP back in control, literally, at any moment. That, of course, would immediately end any hope of passing any part of the Biden, Democratic and/or progressive agenda. Perhaps there's good reason that President Biden isn't calling out Manchin by name for failing to reform the filibuster as many progressive voting rights activists have been demanding?

• The GOP's ongoing assault on American democracy continues apace, as they plan to gerrymander their way into the House majority in 2022, and then use that control --- along with new election subversion laws in states they control --- to try and steal the 2024 Presidential election in a way they weren't prepared to do in 2020. All of which should serve as a reminder to every democracy loving American that it's time to step up --- even if it means reconsidering long-held, rock-solid beliefs. For example, that extreme partisan gerrymandering is wrong. It is. But is it wrong if it's needed to actually save American democracy? In Texas, new Republican-adopted Congressional (and state legislative) maps steal seats from minorities, despite the fact that the state's population growth --- and two new U.S. House seats to go with it --- is due almost entirely to minorities. Happily, states like Illinois are not taking the matter (entirely, anyway) lying down.

• Finally, Desi Doyen is here with our latest Green News Report and, as usual, we'll take her good news with the bad...or vice versa...

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On today's BradCast: President Biden has, thankfully, edged toward the left on a number of things during his candidacy and Presidency to date. Reforming the GOP's stolen and packed U.S. Supreme Court, however, at least for now, does not appear to be one of those things. At least if the findings of his blue ribbon Commission of academics studying potential reforms is any indication.

But first up today, several quick updates on a number of stories we've been covering of late...

• On Tuesday night, shortly after we got off air, the U.S. House Select Committee investigating the Trump-incited January 6th attack on the U.S. Capitol voted unanimously to hold Steve Bannon in criminal contempt of Congress for refusing to answer their subpoena for documents and testimony. A vote on the resolution by the full House is scheduled for Thursday and, if adopted (as expected), a referral for criminal prosecution will be sent to the DoJ. Bannon could face as much as a year in prison. But it was remarks by Committee member Rep. Liz Cheney (R-WY) before Tuesday's vote that jumped out: "Mr. Bannon's and Mr. Trump's privilege arguments do appear to reveal one thing. They suggest that President Trump was personally involved in the planning and execution of January 6, and this Committee will get to the bottom of that." If I was Trump, I'd take Cheney at her word. Bannon's future could also be Trump's.

• There was additional encouraging news from Congress on Tuesday night, as outlets are reporting that obstructionist Sen. Joe Manchin (D-WV) and progressive Sen. Bernie Sanders (I-VT) are now in direct talks on Biden's Build Back Better Act and that they hope to reach a deal on a path forward for the once-and-hopefully-still transformative social safety net and climate change bill by week's end. Manchin, as we discussed on yesterday's show, has apparently already gutted the legislation's central climate change provision, and is sure to force the removal of many other wildly popular provisions before all is said and done. But negotiation, in theory, means progress. And progress moving toward passage of the Biden agenda is better than the stalemate of recent weeks. One Senator quoted by The Hill describes the news as a "breakthrough". We'll see.

• And, in one other Congressional story today with the tiniest ray of sunshine attached to it, Republican Senators on Wednesday once again filibustered to prevent passage of the Manchin-approved Freedom to Vote Act, a transformative elections and voting rights bill that is desperately needed to counteract the anti-democracy and voter suppression laws being adopted by state Republicans around the nation in advance of 2022 and 2024. It's the third time Republicans have blocked Democrats' attempt to move to debate on their voting rights bill. The ray of sunshine here is that Sen. Angus King (I-ME), one of the other holdouts against the filibuster reform that is needed to pass the Act with a simple majority, now says he has "concluded that democracy itself is more important than any Senate rule." Let's see if Manchin and Kyrsten Sinema (D-AZ) get the message any time soon enough to reform the filibuster to pass legislation in hopes of actually saving democracy from the rising Authoritarian Front (GOP).

Then, we're joined by the great MARK JOSEPH STERN, Slate's ace legal reporter and U.S. Supreme Court expert, to discuss the draft report issued late last week by President Biden's blue ribbon panel of academics --- with remarkably little coverage by the corporate media --- on potential reforms for SCOTUS following its years-long bastardization and theft by the Republican Party.

The bipartisan Commission, created by the President in April with a mandate to study potential reforms for six months before issuing a report but not to offer formal recommendations, for some reason). They were tasked with studying the pros and cons of possible changes such as expanding the number of seats on the high court and/or the creation of term limits for Justices. The panel was comprised of 36 academics and Courts experts who, according to Stern, included "a lot of conservatives" with a number of "so-called liberals" who were "mostly moderates and institutional liberals who have a vested interest in a Supreme Court that looks favorably upon them. If you survey it all together, you see what is basically a faculty meeting of moderates and conservatives, with a few token liberals, none of whom were happy with this draft report. None of which is a recipe for any kind of real, meaningful reform."

"Notably," Stern observes, "not a single person added to the Commission had ever endorsed serious Court reform in the past, [while] there were many people who had said that they opposed Court expansion. So in some ways, this Commission was maybe rigged from the start."

While the deck was stacked against Court expansion, the idea of term limits didn't fair all that much better, according to Stern, who cites an obsession by the panel's members with what other nations might learn from a partisan restructuring of the U.S. Supreme Court. That said, as Stern notes, "we are the only country in the world that gives lifetime tenure to our judges and justices. It is obviously a huge mistake. But the committee comes from the perspective that it is basically a great idea and anyone who criticizes it bears a heavy, heavy burden of proving that it would make things better."

He charges that the panel appeared to be essentially "governing out of fear" and that its draft report "projects the worst possible outcome and says, 'We think this is what's going to happen so we shouldn't even risk it.'"

While the Commission's draft argues that America must be mindful that we are "a leader to the rest of the world," Stern notes, "this report does not even begin to grapple with the fact that no other country, except arguably India, gives its high court nearly as much power as we do. No European nation gives its high court the unfettered ability to veto all legislation. No other nation - not Israel, not Chile or Argentina, not Mexico, not Canada --- none of them allow the court to simply smack down any kind of legislative action that it deems to be violative of the Constitution. That's not how judicial review works anywhere else."

"If these scholars took a look around," he argues, "they would realize that other countries have decided our system doesn't work too well, that they want to do something different. I think there's a lot of merit to that, and I find it very disappointing that they don't even grapple with that."

Of course, he has many more observations, including on what appears to be a "one-way ratchet" where the panel cites public opinion polls as a reason to oppose Court expansion, while ignoring the "overwhelming" public polling from across the entire political spectrum favoring term limits and opposing lifetime appointments for U.S. judges and justices. "Giving anyone that much power for so long is just objectively crazy." The draft report also includes a number of flat-out lies and tries to "lay equal blame at the feet of both parties" for the crisis of public confidence, unprecedented in modern times, now befalling SCOTUS. Stern hopes that some of the Commission's liberals, such as the NAACP's Sherilyn Ifill, may correct the record before their final report is issued and used by Republicans for eternity to claim that "Even Joe Biden's court commission opposes term limits!"

Finally, in our closing few minutes, Stern explains the pathetic roller coaster legal rulings that have allowed Texas' new anti-abortion law, S.B.8, to stay in place for now, despite its clear violation of decades of 'Roe v. Wade's legal precedent, and the terrifying ease with which the GOP's stolen and packed Supreme Court is preparing to overturn that and other long-settled precedents.

"You should be terrified," he warns. "We should all be terrified. And we should all be aware that if we choose not to expand the Court, that we are going to have to live with this current conservative super-majority for years, if not decades."

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From legal and election wonkery to supply chain wonkery, there is no wonkery that is too wonky for today's BradCast! But I suspect (or, at least, hope) you'll find it a pretty good show nonetheless. And you'll even find out why I actually agree (mostly, sort of) with not one, but two of Donald Trump's dumb, manipulative, self-serving statements he released yesterday! [Audio link to full show is posted below at end of this summary.]

• First up, Steve Bannon is in trouble. He has no legitimate legal claim to not answer the subpoena of the U.S. House Select Committee on the January 6th attack for both testimony and documents. Yet he's taking his (bad) legal advice from the disgraced former President and may wind up in jail because of it. If --- and it's still a big if --- Attorney General Merrick Garland is up to the job he was appointed to. We bring you up to date on all of the Committee's subpoenas to date, and who, other than Bannon, may also soon be facing criminal contempt charges.

• Then, on Wednesday, Trump issued two dumb statements that we, shockingly. can (mostly, sort of) get behind. The first one was simply this: "If we don’t solve the Presidential Election Fraud of 2020 (which we have thoroughly and conclusively documented), Republicans will not be voting in ‘22 or ‘24. It is the single most important thing for Republicans to do." --- Of course, there has been zero evidence of election fraud of any note from 2020 documented thoroughly or otherwise. But we definitely agree his Republican supporters should absolutely stay home during next year's mid-terms and 2024's Presidential election. It's just the right thing for Republicans to do. That said, I also explain why this statement may suggest that Trump, contrary to conventional wisdom of late, may not be planning to run for President again.

• Next, on Wednesday, a state Superior Court judge in Georgia (I misspoke on the show, describing this as a federal case) dismissed [PDF] the last major legal challenge still pending to the 2020 Presidential election in the state. It's a civil complaint filed by lead petitioner Garland Favorito of VoterGA. He has been on this show several times over the years, and who I've known him as an election integrity advocate long before Trump decided to pretend to be one. As explained, while I've got some problems with Favorito's lawsuit and, in fact, a number of claims he's made regarding the 2020 election since being discovered by the MAGA Mob (who, like Trump, also had zero interest in actual election integrity until now --- and still don't, to be frank), his lawsuit should not have been dismissed. At least not on the grounds that the Judge Brian J. Amero did so.

  The petition, seeking a physical inspection of absentee ballots in Fulton County (Atlanta), charges, among other things, that "pristine" counterfeit ballots --- never folded and bubbled in perfectly, as if by a computer --- were discovered during one of three statewide post-election "audits" last year. The evidence for the claim is largely based on allegations made by a woman who participated in the state-run hand-count "audit", though the affiant reportedly never brought the matter to the attention of officials during the audit and her story has changed somewhat over time, as she received attention from the MAGA media.

  Nonetheless, investigators from Republican Sec. of State Brad Raffensperger's office told the court this week that they examined the ballots in question, and reported to the judge that they could find no such "pristine" counterfeit ballots in the batches specified by the complaint. While the judge says he reviewed that report by the state investigators, he says his dismissal is for a different reason. He held that the petitioners had no legal standing to sue, since they could show no "particularized injury," affecting them "in a personal and individual way". In other words, while their complaint could be true, it affected all Fulton voters, not just Favorito and friends.

  It's not Judge Amero's fault. The judicial theory is absurd, but it is based on a ruling by the state's 11th Circuit Court earlier this year. It was used as the basis to dismiss a separate attempt to overturn Georgia's 2020 elections results filed by L. Lin Wood, one of several Trumpy attorneys who, like Rudy Giuliani and Sidney Powell, have had laughable, evidence-free 2020 "fraud" cases tossed out of courts and have been sanctioned for filing them. But the notion that a petitioner can't sue in Georgia, essentially because everyone has been affected by a certain alleged wrong, is a very bad precedent. And it's likely to harm other important and actually legtiimate lawsuits in the Peach State.

  More to the direct point here for now, as Favorito correctly noted in response to the ruling, according to the Atlanta Journal Constitution: "All citizens of Georgia have a right to know whether or not counterfeit ballots were injected into the Fulton County election results. It is not adequate for any organization [in this case, the inspectors at the Sec. of State's office] to secretly tell us there are no counterfeit ballots and refuse to let the public inspect them."

  He is right. And so was Trump --- accidentally and disingenuously, of course --- in his own dumb, self-serving response to the court's ruling on Wednesday when he correctly asked "Why can't the public see the ballots?" (Most of the rest of his statement was either wrong or ridiculous.) Favorito says he will appeal.

  As explained on the show in more detail, public elections belong to the public. And only public oversight of public elections offer any chance of avoiding the situation we are now in where dishonest cretins, like Trump and his supporters, can falsely claim fraud. Secret vote counting by computers and ballots kept beyond the (controlled) reach of the public will guarantee that such claims --- legitimate or otherwise --- will continue to be made in future elections. That is a grave threat to democracy itself --- just in case you haven't noticed. It is the one we are now facing. And it can only have a chance of being cured by public oversight. Favorito and the public should be allowed to visually inspect the actual physical ballots --- so long as he pays for the effort and the ballots stay in the custody of public officials (unlike what happened in the Cyber Ninjas' clown show "audit" in Maricopa County, AZ). If it reveals counterfeit ballots, good. We should know that. If it doesn't, even better. The claim can be, hopefully, put to bed.

  Anyway, more detail and explanation on all of this on today's program.

• Finally, Desi Doyen joins us for our latest Green News Report, on the disrupted global supply chain amid the pandemic resulting in a huge spike in energy prices and some very good climate news for both California under Gov. Gavin Newsom and the United States under President Joe Biden...

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Looks like we made it! Joseph Robinette Biden, Jr. was sworn in as the nation's 46th President on Wednesday. Kamala Harris was sworn in as the first female, black and South Asian Vice President. And the nation's worst President and greatest sore-loser ever became a former President at the same time, fleeing D.C. like the coward he is just after dawn. All of which we cover in today's BradCast Inauguration Special. [Audio link to show is posted below summary.]

On his way out the door, Donald Trump unleashed a load of pardons and commutations for his corrupt allies and wealthy friends, abusing the Presidential pardon power in an unprecedented, but hardly surprising, way. We detail just some of the 144 grants of clemency he issued just after midnight, including for Steven Bannon, his former campaign manager and fired White House senior political strategist (who was indicted for defrauding millions of dollars from Trump supporters for a project to build a wall on the U.S. southern border); Elliot Broidy, former RNC fundraiser and Trump Inaugural Treasurer who pleaded guilty to selling his services to lobby Trump on behalf of a foreign billionaire; Paul Erickson, GOP operative and boyfriend of alleged Russian spy Maria Butina; a last second pardon for Albert Pirro, the real-estate developer, GOP fundraiser and convicted felon husband of Fox "News" host and Trump suck-up Jeanine Pirro; and more than 100 others like them. The raft of 11th hour pardons led one good government advocate to wryly charge that "Amazingly, in his final 24 hours in office, Donald Trump found one more way to fail to live up to the ethical standard of Richard Nixon."

Much to our surprise, however, Trump did not pardon his lawyer Rudy Giuliani, any of his children or himself! We would have bet good money he'd have pardoned some or all of them. (Especially himself!) But he apparently didn't.

As if his list of pardoned fraudsters, liars and other assorted and unrepentant criminals wasn't wasn't slimy and sleazy and swampy enough for ya, Trump also issued one last. middle of the night Executive Order to rescind his own 2017 EO that barred Executive Branch officials from lobbying their own agency for five years after leaving office, in addition to a lifetime ban on lobbying for any foreign government. In reversing his much vaunted ethics rule from his first year in office, he made clear yet again that he was only ever pretending for his base of dupes and suckers that he wanted to "drain the swamp" in D.C.

In much less sleazy news, on Day One of the Biden Administration, the new President signed an unprecedented raft of Executive Orders at the White House after his Inauguration, meant to begin to undo some of the most egregious excesses and corruption of the previous Administration. The orders focus generally on four concurrent crises Biden has vowed to immediately begin tackling, including COVID-19, the economy, racial injustice and climate change. Among the EOs planned to be signed on Wednesday, according to AXIOS:

But after Trump mercifully fled town early on Wednesday, a remarkably moving and socially distanced Inauguration Ceremony was held at the U.S. Capitol, under extraordinary security precautions following the massive MAGA Mob of violent, rioting insurrectionists who attempted, to little avail, to block Biden's decisive 2020 victory from being formally affirmed by Congress just two weeks ago today.

We share some key moments from today's ceremony, including Biden's full, crisp, and tremendously on-point Inaugural Address. The new President, among other things, declared that "Democracy has prevailed" and vowed to be a "President for all Americans" while calling for "unity". He pointedly noted: "We must end this uncivil war" and went on to observe that "Recent weeks and months have taught us a painful lesson. There is truth and there are lies, lies told for power and for profit. And each of us has a duty and responsibility, as citizens, as Americans, and especially as leaders who have pledged to honor our Constitution and protect our nation, to defend the truth and defeat the lies."

Finally, we close with a few thoughts on this wonderful, historic and long overdue day from both Desi and myself, at the end of four (actually five) hellishly long, painful, destructive, difficult and deadly years as the "American Carnage" of the Trump Era hopefully begins to fade as a new day begins...

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It's our final BradCast with Donald Trump still serving as President of the United States! Though it's likely to take a while before the stink fully dissipates. [Audio link to the show follows below the summary.]

The soon-to-be-former President is said to have been in a foul mood all weekend (SAD!) as he prepares, reportedly, to announce as many as 100 or more last minute Presidential Pardons. Reporting today suggests he will not issue pardons for either his family or himself (or even for the under-indictment Steve Bannon or the reportedly under-federal investigation Rudy Giuliani). Color us dubious about that, however.

The failed President's mood was undoubtedly not brightened by Republican Senate Leader Mitch McConnell, who --- while convening the Senate for what is likely his last full day as Majority Leader --- declared that Trump "provoked" the violent attack and riots at the U.S. Capitol on January 6th. That may not be a good sign for the disgraced man who will face an Impeachment Trial in that same Senate in coming days, as the first ever twice-Impeached President.

The fact that few wish to show up to send Trump off from Joint Base Andrews on Wednesday morning, or that tons of A-List stars are showing up for Joe Biden's inauguration, probably hasn't made Trump any less bitter. So at least America can be happy about that. Trump did release a video today in which he bid "farewell" to the nation (promises, promises), and --- without mentioning Joe Biden's name --- said out loud that there would be a "new administration" as of Wednesday.

That may still come as a shock to many of those gullible supporters of his to whom he's spent the last several months lying about that fact. But since he's been banned from Twitter, according to new research, misinformation about the election has plummeted on social media sites, along with hate speech and calls for violence. Go figure.

Still, as Biden and Vice President-elect Kamala Harris held a moving memorial service for the more than 400,000 Americans killed by COVID-19 thanks to Trump's delinquent response, the streets of D.C. are otherwise locked down tight today in advance of Wednesday's inauguration.

We're joined from D.C. today by progressive columnist and broadcaster RICHARD 'RJ' ESKOW of The Zero Hour to discuss a whole bunch of related stuff. Our conversation ranges from the on-edge mood in the nation's capitol on the eve of an unprecedented Inauguration Day lockdown to Eskow's concerns about Big Tech's muzzling of political viewpoints (even Trump's) to questions of accountability for the outgoing President and to what the former health insurance executive and senior writer for Bernie Sanders' 2016 campaign thinks of Biden's cabinet selections and stated agenda to date.

Finally, Desi Doyen joins us for our last Green News Report of the Trump Presidency, with some good news on Biden's economic recovery plan and his intention to reverse a host of environmental rollbacks by the previous Administration; some good news on the zombie Keystone XL pipeline, and; some very good news from the courts, late today, regarding the Trump EPA's failed attempt to allow coal-fired power plants to continue to pollute and contribute to deadly global warming.

Yes, it's the end of an error...with a lot of cleaning up to do in the days, weeks, months and, sadly, years ahead. But at least we will soon have all of that to look forward to, with the nation's worst ever President, hopefully, becoming nothing more than a terrible terrible memory...

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Today's BradCast, I suspect, largely speaks for itself. [Audio link to full show is below.]

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

• Steve Bannon, Donald Trump's third 2016 campaign chief and former CEO of the rightwing propaganda outlet Brietbart, becomes the third to be arrested and charged with crimes. He now faces federal felony fraud charges for stealing $1 million from a supposedly non-profit donor-driven wingnut effort that raised $25 million to build fencing on the U.S. southern border. We're happy to see yet another Trump-enabled con-man and grifter held accountable, but it comes with a warning about what this likely means for other federal indictments that could drop in the coming days ahead of the November 3rd election;

• After receiving a very generous mulligan from the Republicans' stolen U.S. Supreme Court last month --- allowing his attorneys another bite at the apple in making their ridiculous case that the President of the United States is above the law in every way --- Trump's lawyers lose yet again, as a lower federal court judge rules for a second time that Trump's accounting firm, Mazars USA, must turn over his tax returns and other financial documents to the Manhattan District Attorney investigating the President on state fraud charges;

• Our quick review of the masterfully crafted and performed Day 3 of the DNC's virtual Democratic National Convention, including the historic nomination and perfectly delivered acceptance speech by official Vice Presidential candidate Kamala Harris, and...;

• An extended excerpt of former President Barack Obama's speech for the ages, unlike any he's ever delivered, with a stern and clarion call to all Americans to rise up now by casting our votes to save democracy and the republic itself...

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It’s NICOLE SANDLER again guest-hosting today’s BradCast. No worries, Brad and Desi will be back in time for the next episode!

We begin the show with a recap of the day’s news --- deposition transcript releases, subpoenas ignored, Roger Stone’s trial, and A Warning from 'Anonymous'…

My guest today is FREDERICK CLARKSON of Political Research Associates, who tells us about his latest reporting on Project Blitz and the audio of a 40-minute strategy call that reveals the latest plans of a Christian Nationalist campaign that is growing in organizational resources, and escalating rhetoric against opponents of its theocratic agenda.

Download MP3 or listen online below...

On today's BradCast, you have me as your host - Angie Coiro - as Brad and Desi catch some breath over the holiday.

In our first few minutes, stay with me while I connect some dots: Trump's wall demands, and the opioid death toll in America. What he's willing to spend on those two issues tell us a lot about him: time, money, interest, commitment, and especially honesty. It's a bit numbers-heavy, but worth the time, I think.

Robert Mercer is stepping back into the shadows, putting out less to buy elections and reportedly losing influence as a result. Then the latest in the eternal riddle: why the hell does anybody trust Wells Fargo with their money?

We take a good long look at abortion today - starting with the latest from Ohio - and tomorrow, as ROBIN MARTY discusses her new book, A Handbook for Post-Roe America. She makes a good case that it doesn't really matter if Roe gets overturned in court; we're fighting a system that's biting away at it so efficiently and relentlessly, we need to prepare anyway.

And we wrap with the second part of my interview with JAMES HATCH, Navy Seal and survivor of the effort to free Bowe Bergdahl in Afganistan. He tells his story - and that of his charity, Spike's K9 Fund, in his book Touching the Dragon.

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On today's BradCast: Enough with the so-called "forgotten Trump voters"! What of the forgotten Democrats and progressives who far outnumber them? Where are all of those profiles in the MSM? We pick up that ball a bit today. [Audio link to show follows below.]

But first, just some of the news breaking today: North and South Korea are now talking again, and have struck an agreement that will result in North Korea participating in the winter Olympic Games that begin next month in South Korea. They also appear to be planning for talks in the near future on the militarization of the North/South border and other related matters, even as the Trump Administration continues to send very mixed signals about negotiations that might include the U.S.

Meanwhile, back here at home, the far right-wing "news" site Breitbart has fired its far right-wing Executive Chairman Steve Bannon following comments he made about Trump's son Don Jr. in Michael Wolff's Fire and Fury book. Bannon was previously fired by the White House as Trump's top political strategist. And, speaking of the GOP's continuing internecine Trump Era War, the disgraced, far right-wing 85-year old Joe Arpaio, controversial former Maricopa County, AZ Sheriff found guilty of contempt of court last year before being pardoned by Trump shortly thereafter, says he will run for the GOP nomination for U.S. Senate this year, in a bid to replace outgoing Republican Sen. Jeff Flake.

Then, amidst seemingly endless sympathetic corporate media profiles of supposedly "forgotten" Trump voters in rural America, what of the majority of American voters who didn't vote for Trump, even in so-called "Trump Country"? We're joined today by sustainable family farmer JOHN GILBERT [pictured above] of Gibralter Farms, who, with his wife and extended family, has been farming and ranching on land maintained by his family since the 1890s.

Gilbert was briefly mentioned in a Washingont Post profile at year's end of another nearby farmer in Hardin County, Iowa --- part of the paper's long series of stories so-called on "THE FORGOTTEN: The issues at the heart of Trump's America" --- who remains an ardent and seemingly confused Trump supporter, angry with the way she believes the Obama Administration and its Environmental Protection Agency were enforcing too many rules that made her work difficult or costly. While Trump has begun to reverse many of those Obama Era regulations, such as the controversial Waters of the United States (WOTUS) rule, Gilbert believes we need more, not fewer regulations to remain good stewards of the land, so that "humanity stays alive".

He says the "big lie" about WOTUS was that, in fact, "most farming activity was exempted. I think it's also clear that that was an issue that was ginned up almost entirely by the Farm Bureau as a way to scare farmers, and I think farmers were duped into opposing that."

The 68-year old Gilbert explains how many of his fellow farmers, in Iowa and elsewhere, have been misled by the American Farm Bureau --- a lobbying group which he says largely represent the interests of "Big Ag" --- about both that and the so-called "death tax", while the Republican party and its media outlets have been helping to spread the group's disinformation for many years. "Politicians and Republicans have called it the 'death tax' for a long time," he tells me, "and always say 'Oh, it's hard on farmers.' Well, there's almost never been a farmer who has ever been affected enough by it that they had to do like they claim and sell the farm. These are all just manufactured fear tactics."

He also comments on Trump's at times bewildering appearance on Monday at the Bureau's national convention in Nashville, and discusses the principals of sustainable agriculture, for which he and his wife recently won the 2017 Sustainable Agriculture Achievement Award from the Practical Farmers of Iowa.

"The whole issue of sustainability stems from a basic acceptance of the fact that there is not enough in this world for everybody to have all they want, whether it's enough water, enough food, enough energy, enough power, enough room. There's not enough. That means that we have to share, I guess, for lack of a better word," he tells me. "The one thing that has kept humanity above the animals over all these years is the ability to control our greed...And if you don't control greed, then you use up too many resources today and don't have any left for the future."

"Agriculture, in itself, is strictly the process by which humanity stays a live," he tells me. "We in agriculture do a lot of things, but basically we're trying to keep humanity alive. The question that we don't know is how long 'forever' is. And if we're going to keep humanity alive essentially forever, we have to make sure that we have the resources available to our descendants thousands of years from now --- to continue to support humanity. When you put those two things together, you end up with a system of farming that is much more aligned with natural systems. You tend to use principles of nature rather than the test tube or the chemical companies, or the big expert input suppliers who tend to be more interested in making money off of what you do than you making money."

There is much more in our conversation today than I can adequately cover here, so I'd encourage you to tune in for my full discussion with Gilbert, from the heartland of the first-in-the-nation caucus state. He's great.

Finally, Desi Doyen joins us for our latest Green News Report', before several late breaking news items, including a late day landmark Appeals Court ruling striking down North Carolina's Congressional maps due to partisan gerrymandering, and the tragic news out of Southern California that at least 13 have died, so far, in mud slides amid remarkable overnight rainfall in areas recently burned by the recent record Thomas Fire in Ventura and Santa Barbara Counties north of Los Angeles, the largest fire in state history...

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On today's BradCast: The wheels seem to be coming off everywhere. That's both good and bad news. [Audio link to show follows below.]

We start here: After a two month back and forth since the November 2017 off-year elections in Virginia, it appears that Republicans will retain --- if just barely --- their majority control of the Virginia House of Delegates (for now) following a random drawing out of a bowl in Richmond today resulted in Republican David Yancey being named the winner over Democrat Shelly Simonds.

That, despite a "recount" in the 94th District race finding the Democrat had won, until a Republican observer changed his mind and a Republican Circuit Court panel of judges agreed with him. That was followed by a rejected court challenge by the Democrat, today's random drawing to determine the winner of that court-declared tie, a likely second "recount" to come in the same race, a court challenge to a separate very close race in the 28th district decided by 73 votes with at least 147 voters receiving the wrong ballot entirely, and Democrats across the obscenely gerrymandered state having out-voted Republicans by a "landslide" 10% margin in the November 7, 2017 elections.

We detail all of that today --- including my brief, if telling, email conversation with the election official in the city of Newport News who supposedly oversaw the race in the 94th district. And, for the record, here is a JPG of the one single ballot in question which led to the current tie.

Then, in other election related news, we move on to Donald Trump's monumentally failed "voter fraud" Commission, disastrously helmed by longtime GOP "voter fraud" fraudster and Kansas Sec. of State Kris Kobach. The Commission, created after Trump's evidence-free assertions that millions of unlawful votes were cast against him in 2016, has been besieged with lawsuits against it, including by one of its own Commissioners. But there may be another reason that Trump suddenly, and without notice to anyone, disbanded it entirely by Executive Order on Wednesday evening: he got mad at Steve Bannon. Democrats and voting rights advocates are rejoicing after the news, but will the dissolution of the Commission result in even more concerns for advocates of free and fair elections?

Speaking of which, heads up! Trump's Dept. of Justice appears to have a new idea for how to game the 2020 Census (which is also an election-related issue).

Finally, Desi Doyen joins us for a bone-chilling first Green News Report of the new year, as a dangerous blast from the melting Arctic slams much of the country, the Trump Administration guts even more environmental and safety regulations over the holiday weekend when few were noticing, before announcing a new disturbing scheme today to open up 90 percent of nation's off-shore oil reserves to new commercial drilling.

The wheels seem to be coming off both the world and the Trump Administration. We'll hope for the latter in time to prevent the former...

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For a few blessed moments on Monday, the peoples of the United States set politics aside, for the most part, to look skyward, toward the first continent-wide total solar eclipse in the U.S. since 1918. But the welcome distraction from politics in the madness of the Trump Era didn't last long, as reflected on today's BradCast. [Audio link to full show follows below.]

More and more top Republicans and Trump allies continue to publicly distance themselves from this President, following the past tumultuous month of his Presidency (breathlessly summarized today, courtesy of CNN's Brook Baldwin), as capped by his defiant defense last week of the white supremacist rally that turned deadly in Charlottesville.

Democrats are now reportedly beginning to salivate at the idea that a wave election could be ahead for them in 2018, in which they re-gain control of the U.S. House. But is that hope a realistic one? And is their new "Better Deal" plan to capture the majority, focusing on populist economic issues, enough to get them there?

We're joined today by financial author and journalist DAVID DAYEN of The Nation and The Intercept (among other places) to discuss the Democratic Party's plan for rebuilding with new populist regulatory agencies and oversight, which Dayen describes as "quietly radical".

"I don't have high expectations for Democratic campaign plans," he tells me. "But what I will say is that all of the things they've put out thus far all really boil down to one phrase, and that's Fighting Corporate Power."

He details how, based on the popularity of the Consumer Financial Protection Bureau (CFPB), created during the Obama Administration with Elizabeth Warren to fight for consumers rights, Democrats have a host of new oversight organizations that they hope to put in place, in what Dayen describes as the most expansive addition of federal agencies since FDR's Depression-era "New Deal". But, he warns, "credibility is the issue for Democrats --- whether they're going to follow through on this 'people vs. the powerful' rhetoric that they sometimes try to bring up to win elections."

We discuss that, as well as the debate on the Democratic/progressive side of the aisle between so-called "identity politics" and economic populism, and what he says he should know about all of the business leaders seemingly abandoning Trump and his Presidential economic councils, which have been publicly disbanded in the wake of Charlottesville. Dayen tells me he "can't believe that people are being duped by [it]...All you have to do is look beyond these 'advisory boards' --- which are really nothing more than direct lobbying efforts --- to know that the lobbying has just gone underground!"

Also, Dayen explains the purported "trade war" with China that Trump's now-former Chief Strategist Steve Bannon was murmuring about on his way out the door last week...

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On today's BradCast, another tumultuous week, another White House firing, another major election system breach and another look at how it all could end. [Audio link follows below.]

White House Chief Strategist --- and once and future head of the far-right fake 'news' outlet Breitbart --- is fired after yet another tumultuous week of self-inflicted wounds by Donald Trump.

Also today, 11 years after The BRAD BLOG first reported exclusively on a massive breach of personal voting records for some 1.5 million Chicago voters, the private company contracted to run the city's voter registration system did it again. ES&S, the largest electronic voting system vendor in the nation, was discovered to have been storing 1.8 million voter registration records on an unprotected web server this week, exposing citizens to data theft and the city's administrative voting system passwords. All underscoring, yet again, the continuing failures and dangers of having privatized our public electoral system, as we've been trying to highlight for nearly 15 years now.

Then, with the President's approval rating at an historic low and support for his impeachment climbing, concerns about his fitness for office continue to mount in the wake of his equivalence between neo-Nazis and those who protest them, following the murder of a counter-protester in Charlottesville. New articles of impeachment are filed in the U.S. House, more Presidential advisory councils are disbanding, with CEOs and other business leaders (even James Murdoch of Fox "News"!) quickly distancing themselves from Trump, even some top Republicans who previously supported him are now finally suggesting he may be unfit for office.

So, how might this all end? We're joined today by columnist, author and political scientist DAVID FARIS of Roosevelt University to discuss that, Bannon, and his new piece at The Week on the Constitutional ambiguities of the 25th Amendment. Can it and should it be invoked to remove Trump from office? And how the hell does it even work?

Faris argues "we cannot take three-and-a-half more years of this nonstop hell without experiencing a collective nervous breakdown," describes the firing of Bannon as "a great victory for The Resistance", and offers his thoughts on whether the latest shake-up at the continuously chaotic White House is ultimately good for the nation. Then, he compares the difficulties of the impeachment process versus those in invoking the never-before-used Section 4 of the 25th Amendment to remove a President who is judged to be unfit for office. Faris also handicaps the odds --- and advantages to both the GOP Congress and Vice-President --- of either option actually being triggered.

Finally, as if things aren't troubling enough, we're joined by Desi Doyen for the latest Green News Report, as National Monuments are on the Administration's chopping block, Trump revokes Obama's Executive Order protecting the nation's infrastructure, and the U.S. looks forward to its first total eclipse of the sun in nearly 100 years...

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On today's BradCast: Constitutional free political speech matters, especially speech we may disagree with. There's seems to be a lot of confusion about that of late. [Audio link to show follows below.]

But first today, after breaking news on Thursday's deadly terror attack in Barcelona, new evidence, via Steve Bannon of all people, that at least some inside the White House appear to understand that "there's no military solution" for North Korea, despite President Trump's dangerous militaristic posturing over the past two weeks.

Then, we move on to a number of free speech issues regarding last weekend's white supremacist rally in Charlottesville and those protesting against them, a wildly intrusive warrant from the Department of Justice demanding personal information on some 1.3 million Americans who visited an anti-Trump website, and a bill working its way through Congress that would seem to call for a wildly unconstitutional ban on the free speech of those wishing to peacefully protest the Israeli occupation of Palestinian territories.

We're joined by ANIQA RAIHAN of the Institute for Policy Studies to discuss her article, recently published by The Nation and Foreign Policy in Focus, detailing the proposed "Israel Anti-Boycott Act" which is currently being co-sponsored by nearly 50 Republican and Democratic U.S. Senators. "Leading Republicans and Democrats in both parties," Raihan stresses, including many on the Right who pretend to advocate for both free speech and free markets.

The bill would make it a felony --- assessing harsh financial penalties and even jail time --- for Americans who boycott Israeli-owned business and companies which do business with them. "What's really scary about it is that it tells you --- no matter what your views are on Israel-Palestine, whether you support a two-state solution or a one-state solution --- as long as you don't do business with Israel, we're going to criminalize you," Raihan explains. "There are tons of people who go through their lives and, for whatever reason, don't happen to buy products made in Israel, and there's no problem with that. But the second that you say 'I'm doing this because I believe in XYZ, I believe in Palestinian human rights', that becomes a problem. Which is completely criminalizing people for their political action, and their commitment to living their values out in their lives."

The legislation, on its face, appears to be in direct contrast with a unanimous 1982 U.S. Supreme Court opinion, finding that penalties assessed against Mississippi civil rights advocates in response to a 1960's civil rights era boycott of white-owned businesses, was an unconstitutional violation of political free speech rights. Last month, the ACLU blasted the bill in a letter to lawmakers, leading one Democrat, New York Senator Kirsten Gillibrand, to remove her co-sponsorship. We discuss all of that, as well as the origins and controversies behind the new proposal.

Finally today, yet another Fox "News" personality breaks down in tears on air in response to the controversies and related racial issues following Charlottesville and Trump's disturbing response to it. Is the original fake news channel finally being to crack under the stress of the wildly unfit and arguably racist President that they created?...

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On today's BradCast, the world reacts to Donald Trump's alarming threat on Tuesday to rain down "fire and fury like the world has never seen before" on North Korea, if they continue to threaten the U.S. with nuclear weapons. [Audio link to show follows below.]

North Korea further threatens an attack on a U.S. airbase in Guam and describes Trump as "bereft of reason" on whom "only absolute force can work"; U.S. Sec. of State Rex Tillerson tries to calm frayed nerves, promising “Americans should sleep well at night," during a stop-over in the island U.S. territory; some in Congress pretend to assert Constitutional authority for a preemptive strike on North Korea (maybe they should have thought about that when they lauded his unconstitutional bombing in Syria several months back), the President tweets a few lies about himself and the U.S. nuclear arsenal, and the nations of the world try to determine what the hell Trump was actually thinking, if anything, with his reckless "improvised" remarks.

For our part, we cover all of the above and open up the phone lines to callers to get their take on which madman with nuclear weapons, North Korea's Kim Jong-un or U.S. President Donald J. Trump, they are most worried about.

Then, Desi Doyen joins for the 800th episode of our Green News Report!...

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