We've largely stayed away from the "horse race" on the Democratic side of the 2020 Presidential race to date, preferring, as we're wont, to focus on more immediate issues, as well as the "track conditions" on which the horses are set to run next year. But on today's BradCast, we finally open the phones to turn to the horse race a bit, in advance of this week's first 2020 Presidential debates.

But first, a few news items of note. Among the stories covered today before we turn to the phones....

• Were you thinking that 23 or 24 candidates for the Democratic Presidential nomination just wasn't enough? Were you hoping one more white male from a swing-state might enter the race? Well, retired three-star Navy Vice Admiral, former Pennsylvania Congressman and failed U.S. Senate candidate Joe Sestak may be the man for you!;

• In U.S. Supreme Court news, the Justices released an opinion today finding that the decades-old federal statute preventing the issue of trademarks to brands determined to have "scandalous" or "immoral" names is, in fact, an unconstitutional violation of the Free Speech clause. That will be good news to lifestyle brand FUCT which had been denied a trademark registration for years. In her opinion for the majority, Justice Elana Kagan also may have offered a preview, according to Mark Joseph Stern, of, at least, her opinion on the Court's upcoming crucial ruling on partisan gerrymandering, as she noted that free speech cannot be denied on the basis of viewpoints or ideas conveyed. The challengers in the two partisan gerrymandering cases pending before the Court --- with a decision due any day now --- are arguing that state political opponents are seeing their voting power diluted by the party in power on the basis of their political viewpoints when it comes to the partisan gerrymandering of maps for the U.S. House and state legislatures;

• In a follow-up to our Friday program's segment focused on horrific conditions for migrant children detainees on the border, Vice President Mike Pence was on CNN Sunday, working very hard to filibuster and otherwise avoid Jake Tapper's direct questions about the Administration's argument --- offered last week in federal appeals court --- that denying soap and toothbrushes to children forced to sleep on freezing concrete under a single foil blanket in overcrowded facilities somehow qualifies as "safe and sanitary" conditions for those children, as required by federal courts. Late today, some good news on that front, as nearly 300 children at a "squalid" Texas facility --- featuring lice, the flu, kids who hadn't showered in weeks, and detained children asked to take care of infants and toddlers --- have now been transferred out of at least that horrific facility...at least for now;

• Then, with one failure after another after another in North Carolina's elections in recent months and years, even the former counsel for the North Carolina state Board of Elections is now calling for HAND-MARKED paper ballots for every voter. So why isn't the state of Georgia? Why isn't the city of Philadelphia in the key swing-state of PA? Why is the nation's largest voting jurisdiction, Los Angeles County, now moving from hand-marked paper ballots to 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in advance of the 2020 Primaries? And why is Mitch McConnell in the U.S. Senate blocking any and all legislation that would increase election security by, among other things, mandating a hand-marked paper ballot for all voters? We discuss. Again;

• Then, we open up the phone lines to callers, with the broad questions in advance of the first 2020 Democratic Presidential debate this week: What will our listeners be looking for in this Wednesday and Thursday's two-night face-off among 20 candidates? What is the most important factor they hope to find in a Democratic nominee? Who do they like so far and who do they not like? We offer the chance to advocate --- or bash --- any of the candidates callers may wish, along with the question: Would they vote for a nominee they may not like in the general election, rather than hand Donald Trump a nation- and planet-devastating second term? We got a lot of good callers and interesting thoughts from them along the way...

Please enjoy today's very lively show!...

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Catching up with a weekend's worth of news in the Trump era plus the new Supreme Court decisions dropped on Monday is no easy feat. But we do our best, on today's BradCast, to get you up to speed after all of that and the madness yet to come (no doubt) this week. [Audio link to show is posted below.]

Among the stories covered today...

• A quick update on the case of anti-authoritarian author and journalist David Neiwert who we interviewed on Friday. Incredibly, his Twitter account is still suspended almost a full week since Twitter first took him down due to his use of a graphic on his profile from the cover of his most recent book, Alt-America: The Rise of the Radical Right in the Age of Trump. The image is a Ku Klux Klan mask over each of the white starts on the U.S. flag, which the anti-KKK author is being told he must remove because it's considered a hate symbol. He still refuses to do so, and Twitter has yet to reassess it's ill-considered policy;

• Next, Iran has announced that, in the next 10 days, it is speeding up nuclear enrichment and will exceed the levels of uranium allowed under the landmark seven-nation anti-nuclear agreement brokered during the Obama Administration, following the Trump Administration's unilateral withdrawal from the treaty last year and his subsequent violations in restoring crippling sanctions against the Islamic Republic. With what had been a very good deal now broken by Trump, the Administration continues to saber rattle against Iran, with AP reporting late today that the U.S. plans to send an additional 1,000 troops to the Gulf;

• Back home, the U.S. Supreme Court has begun releasing its end of term opinions. Among those released today, the Court ducked a ruling concerning yet another baker --- this time in Portland, Oregon --- who refused to bake a cake for a same-sex wedding. Sending the case back down to the lower court also likely means they will avoid having to make a decision on it during their next term, which ends smack dab in the middle of the 2020 Presidential election season;

• More substantively, for the moment, good news for Democrats as the Court allowed a lower court ruling to stand in Virginia, where Republicans were found to have used unlawful racial gerrymanders in drawing state legislative seats after the 2010 census. The lower court has imposed fairer maps that will now be used, for the first time, in the Commonwealth's statewide elections this November. (VA holds "off-year" elections, so the entire House of Delegates will be on the ballot when one or both of the General Assembly's chambers could finally be taken over by Democrats with new, fairer maps in place.) The Supremes let the lower court ruling stand after determining that the gerrymandered GOP House of Delegates did not have standing to intercede after the state's Democratic Attorney General chose not to appeal the new maps mandated by the lower court. The 5 to 4 decision, however, was a mix of very strange bedfellows, with liberal Justice Ruth Bader Ginsburg writing for the majority and supported by Justices Sotomayor and Kagan (not a surprise) along with Thomas and Gorsuch (very much of a surprise!). That also left the usually progressive Stephen Breyer siding with the rest of the Court's right-wingers. Though we speculate on that strange mix of votes, we hope to have more insight later this week;

• And in the last of the SCOTUS matters for today, the Court also ruled on a case of double-jeopardy regarding a man facing prison time from both the state of Alabama and the federal government for the same crime. What has become a loophole in the U.S. Constitution's restriction against being tried twice for the same crime will remain in place, despite the dissent from --- another odd couple --- Ginsburg and Gorsuch who both dissented. But that bad news for civil libertarians who had hoped to close that Constitutional loophole once and for all with this case, is good news for those who fear Donald Trump may pardon members of his crime syndicate, like his former campaign chair Paul Manafort. He is currently facing years in federal prison, unless pardoned by Trump. But, due to the Constitutional exception that allows similar crimes to be tried against the same person at both the state and federal level, even if pardoned, Manafort would be forced to face the fraud charges currently filed against him by the state of New York;

• And, speaking of politics and Trump-related criminality, a new survey by the President's favorite fake news outlet, Fox "News", finds at least five of the top 2020 Democratic Presidential candidates are defeating him in NATIONAL polling, with former Vice President Joe Biden and Sen. Bernie Sanders currently dusting Trump by about ten points each. Also besting Trump in the new national poll currently --- well over a year out from the actual election --- are Senators Elizabeth Warren and Kamala Harris, as well as South Bend, Indiana Mayor Pete Buttigieg, though their leads are within the poll's margin of error. The new Fox poll echoes similar findings from Quinnipiac last week. So we offer similar warnings about the misleading nature of national polls (we don't have a national election! Just ask Hillary Clinton!), especially those taken 17 months before Election Day and before Democrats have even held their first debate (scheduled for next week);

• In perhaps more noteworthy polling news, there has been a steep and quick rise in support for official impeachment hearings --- at least among Democrats --- as revealed by a new NBC News/Wall Street Journal poll. And, with that, pressure for impeachment continues to rise in Congress as well, according to comments from Democratic New York Rep. Alexandria Ocasio-Cortez who discussed the matter over the weekend on ABC's This Week. We share part of her remarks from Sunday in which she (correctly) argues that "impeachment is incredibly serious and this is about the evidence the President may have committed a crime, in this case, more than one." Rebutting the political considerations that have, so far, prevented U.S. House Speaker Nancy Pelosi from allowing the Democratic caucus to begin an official impeachment inquiry in the House, AOC adds: "Our decision on impeachment should be based in our Constitutional responsibilities and duties and not in elections or polling";

• Finally, with the little time we have left today, we open up the phones to some calls, which is mostly eaten up by a woman who appears to be very confused in her "pro-life" anti-abortion argument about how conception actually occurs, as she cites her Christian religion for why women should not be able to decide for themselves regarding personal health care decisions.

Good luck with that! And enjoy today's program...

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On today's BradCast: Following a shameful performance in the Senate Judiciary Committee on Wednesday, Trump's Attorney General (and personal fixer) William Barr failed to even show up for his testimony in the House Judiciary Committee on Thursday, as calls for his resignation increase and as both Trump's FBI Director Christopher Wray and Hillary Clinton issue similarly warnings about the possibility of a stolen election in 2020. [Audio link to show is posted below.]

While some so-called "moderate" Democrats are only now having second thoughts about having voted for the confirmation of Trump's new A.G. following revelations this week of a letter from Special Counsel Robert Mueller to Barr complaining that he had misrepresented the Special Counsel's two-year report to the American people, other Democrats, including many running for the 2020 Presidential nomination are calling for Barr to step down. When even Chris Wallace of Fox "News" calls out a Republican --- and the "opinion people who appear on this network, who may be pushing a political agenda" --- you know that Republican must have done something very bad.

At a press conference today, House Speaker Nancy Pelosi described Barr's sworn Congressional testimony in early April as a crime, citing his statements that he had no idea how Mueller and his team felt about the 4-page letter Barr had released, inappropriately clearing Donald Trump of obstruction of justice, despite the probe detailing at least 10 instances when the President appears to have done just that. "What is deadly serious is that the attorney general of the United States of America was not telling the truth to the Congress of the United States. That’s a crime," Pelosi asserted, adding: "If anybody else did that, it would be considered a crime. Nobody is above the law, not President of the United States and not the Attorney General."

At the same time, Barr failed to show up for a hearing in the House Judiciary Committee today, after previously agreeing to testify. He changed his mind after facing tough questions at yesterday Senate Hearing, while citing the House panel's decision to allow staff counsel to ask questions as the reason for bowing out. The Committee's Chair Rep. Jerrold Nadler, during his opening remarks before Barr's empty witness chair, slammed the A.G. for a "lack of candor" and of having "misrepresented the findings of the Special Counsel." Nadler accused him of "failing to check the President's worst instinct", for having "failed to protect the Special Counsel's investigation from unfair political attacks", for having "failed the men and women of the Department of Justice", adding that "he has even failed to show up today." Democratic members of the panel mocked Barr's absence by munching on KFC and placing a toy plastic chicken in front of his witness name tag. While he didn't yet move to hold the nation's top cop in contempt of Congress, he suggested that may happen soon.

As we wait for Democrats to take real action to hold either Barr or Trump accountable, on MSNBC's Rachel Maddow Show Wednesday night, the 2016 Democratic Presidential nominee Hillary Clinton warned that "unless we know how to protect our election from what happened before and what could happen again," even the very best Democratic candidate could lose in 2020, due to the ongoing threat of foreign interference.

The former Democratic Senator and Secretary of State's comments echoed those recently offered by Trump's own FBI chief Christopher Wray. Last week, during comments at the Council of Foreign Relations, Wray claimed "enormous strides have been made since 2016 by all the different federal agencies, state and local election officials" and others," but said he is viewing whatever happened in 2018 as a "dress rehearsal" for "the big show in 2020".

We explain what both Clinton and Wray got right and wrong in their warnings and how, despite Clinton's stated concern that she might "scare" people with her language, voters should, in fact, be very worried about 2020, as jurisdictions around the nation are being allowed to implement new systems in advance of the next Presidential election that are even more difficult for the public to oversee (and thus, prevent manipulation) than many of the voting and tabulation systems they are replacing.

Finally, Desi Doyen joins us for the latest Green News Report with details on new climate action plans from Presidential hopefuls Beto O'Rourke and Cory Booker, some good news from voters regarding climate concerns, bad climate change news for Jakarta and Washington D.C., and some good news for residents of New York State...

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Despite our best efforts, on today's BradCast, we are unable to avoid the vortex of testimony by Donald Trump's newly-appointed and already-dishonest Attorney General William Barr in the U.S. Senate Judiciary Committee today. [Audio link to full show is posted below.]

What made the testimony of the President's cover-up man impossible to ignore (as much as we had previously hoped to) was the overnight release of a letter from Special Counsel Robert Mueller [PDF] sent to Barr just days after the A.G. released his misleading four-page letter to Congress in late March, mischaracterizing the findings of the Special Counsel's two-year probe into alleged Russian interference in the 2016 Presidential election, Team Trump's coordination with the effort, and the President's repeated attempts to obstruct the investigations into those matters.

In his letter, Mueller charged the A.G.'s summary --- sent to Congress nearly a full month before Barr finally released a redacted version of the Special Counsel's report [PDF] to the public --- "did not fully capture the context, nature, and substance of this Office's work and conclusions." That, Mueller wrote, led to "public confusion about critical aspects of the results of our investigation" and "threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations." In his summary letter, Barr took it upon himself to clear Trump of obstruction charges even though Mueller's report specifically said it was unable to exonerate the President, finding at least 10 different instances in which Trump had attempted to stymie the investigation. Barr also mischaracterized the report's findings on "collusion" with Russia.

The revelation of Mueller's extraordinary complaints (which Barr described as "snitty" today) came after previous sworn testimony by the new A.G. in early April, in both the House and Senate, in which he misled members of both chambers regarding Mueller's concerns about Barr's inaccurate conclusions about the Special Counsel's findings. We share some experts from today's hearing in which Sen. Mazie Hirono (D-HI) charges Barr with lying to Congress and calls for his resignation, Sen. Dick Durbin (D-IL) calls out Republican colleagues for ignoring the matter in favor of calls to investigate Hillary Clinton's email server again, and Sen. Kamala Harris (D-CA) calls out of the A.G. for making his decisions about the case without, as he admitted, reviewing the evidence.

We're then joined today by North Carolina writer and activist TOM SULLIVAN, a daily correspondent for Digby's Hullabaloo and longtime progressive organizer in the Tar Heel state. Even though it's not why we had originally hoped to speak with Sullivan today, we get his thoughts on what to make of Barr's "stunning performance," as he describes it, and how Congressional Democrats should now respond, with impeachment seeming more and more inevitable each day despite continuing reticence from Democratic Congressional leadership.

As Sullivan is based in North Carolina, we also discuss the latest news from yesterday's mass shooting at UNC Charlotte, where a gunman killed two and injuried four others on the semester's final day of classes.

As well, U.S. House special election primaries were held in the state's 3rd Congressional District on Tuesday to fill the seat of the late GOP Rep. Walter Jones who died in February, and there is also a do-over election for the 9th Congressional District in a few months to fill the seat left vacant after the State Board of Elections refused to certify last November's contest upon discovery of a GOP Absentee Ballot Fraud scheme that tainted the race.

We briefly discuss both of those contests and Sullivan's "For The Win" nuts-and-bolts training guide for countywide Get Out The Vote operations in NC. He describes the manual as having been successfully used to organize Democrats in counties all over the country. (Request a copy for use in your own home town via email at tom.bluecentury at gmail).

And, finally, one of the points we'd originally hoped to discuss with Sullivan (but will have to dive in deeper on another day, given all the breaking news that shuffled things for us today), we get his thoughts on the still roiling internecine battles between progressive activists and the conservative Democratic Congressional Campaign Committee (DCCC) --- which has led to a new boycott campaign by a nationwide coalition of College Democrats. He offers his thoughts on "the campaign-industrial complex that exists in Washington, as well as in the state capitals," and what progressives may wish to do about it...

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Accountability and respect for the rule of law and Constitution are at the center of just about every story we cover on today's BradCast --- (and on most days...but especially today) --- particularly with an absolutely lawless Administration and criminal President becoming seemingly more lawless and criminal by the day. [Audio link to show is posted below summary.]

Among the related stories on today's program....

• The House Oversight Committee moved on Tuesday to vote on contempt charges against Carl Kline, former White House Personnel Security Director, who refused to show up to testify at the Committee on Tuesday despite being issued a lawful subpoena by Congress ordering him to do so. His attorney said he didn't show on the advice of the White House who directed him not to. Kline, on apparent orders from the President, had approved "top secret" security clearances for dozens of White House officials, including Trump's son-in-law Jared Kushner, after career security officials rejected those applications for numerous reasons, according to 18-year White House personnel office veteran Tricia Newbold, who revealed the cases during whistleblower testimony to the House panel last month;

• Maryland's two-term Republican Governor Larry Hogan said in New Hampshire this morning that he is considering a primary run against Trump, after describing the revelations of the redacted Mueller Report as "very disturbing" and criticizing his own party for being "afraid" of challenging the President. If he jumps in, Hogan would be the second GOP Governor to try and win the nomination over Trump in 2020, along with Massachusetts' William Weld who has already declared;

• In news of still other Republicans willing to courageously stand up to a scofflaw President from their own party, J.W. Verret, a former Trump transition team official and professor of law at George Mason University, unleashed an op-ed today making the case for impeachment in the wake of Trump's "criminal conduct," citing "roughly a dozen separate instance of obstruction of justice" revealed by the Mueller Report as his "tipping point";

• But while a handful of Republicans may be willing to take on the President, Democrats in Congress, for their part, are still timidly moving ahead with extraordinary caution. On a conference call with and a letter to the Democratic House caucus on Monday, Speaker Nancy Pelosi reportedly vowed that the House would continue Congressional investigations to "uncover the truth" about Trump's "highly unethical and unscrupulous behavior in his alleged attempts to obstruct justice," while attempting to keep a lid on the growing calls for impeachment from her caucus. She did not rule out impeachment, but said "we aren't going to go faster, we are going to go as fast as the facts take us";

• On Monday night, however, in what many have somewhat mischaracterized as Presidential hopeful Sen. Kamala Harris "calling for impeachment," the California Democrat, during a CNN town hall, did call for Congress to "take steps toward impeachment." We contrast Harris' exceedingly cautious approach to the clarion calls for equal justice under the law and impeachment proceedings as a Constitutional duty issued by Massachusetts Sen. Elizabeth Warren in recent days. She has been calling for same, in no uncertain terms, on the Presidential campaign trail since the release of Mueller's redacted report late last week, and said on Monday night on CNN, in response to charges that impeachment would distract from the 2020 campaign: "There is no political inconvenience exception to the United States Constitution."

  A number of other Democratic hopefuls have been far more cautious and/or circumspect than either of those two, including Vermont Sen. Bernie Sanders who says he worries a focus on impeachment could backfire on Dems and South Bend, Indiana Mayor Pete Buttigieg who concedes Trump "deserves impeachment", but that it's up to Congress, not him, to take action in that regard;

• With the noteworthy exception of Warren, many Dems (and media geniuses) have cited the fact that Republicans in the Senate are unlikely to vote to convict the President, as a reason to shy away from impeachment proceedings entirely. (A simple majority is needed to approve articles of impeachment in the Democratic-controlled House, but a two-thirds vote is needed for conviction and removal of the President in the GOP-majority Senate). Playing slave to that conventional wisdom, however, largely allows Republicans a veto on which Presidents may or may not be impeached.

  Moreover, the convention wisdom should be challenged here, particularly given the statements that many of the currently seated Republican Senators have offered, on the record, in support of impeachment and removal from office for a President who has attempted to obstruct justice by witness tampering and lying to the American public. Trump was documented as having done so as many as ten different times, as per Mueller's Report.

  Of course, the Senators who we quote directly today on the need to remove a President for those very same crimes were speaking against President Bill Clinton during his impeachment proceedings back in 1998. But their arguments against Clinton apply directly to Trump. So, will those very same Senators --- there are 11 who voted in '98 and would be required to vote here --- hypocritically vote against conviction this time around, under arguably far more criminal circumstances, when confronted with their own words on the topic? Maybe, maybe not. We won't know, of course, unless Dems do the right and Constitutional thing by voting in favor of the rule of law and moving to impeach this lawless President. Even the clear demonstration of blatant GOP hypocrisy would be helpful to expose to the American people before the 2020 election, and perhaps serve to make specious impeachments against Democrats in the future more unlikely;

• Finally, Rep. Elijah Cummings, Chair of the House Oversight Committee, said after the release of the redacted Mueller Report that he is "begging the American People to pay attention" and contact their members of Congress about this in order to save democracy for future generations. "At the rate we're going," he warns, "it won't be there." We are urging the same. You can reach your member of Congress at 202-224-3121...

Enjoy the program...

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On today's BradCast: It looks like Trump Attorney General William Barr's willingness to beclown himself to the level of Donald Trump didn't help much in protecting the President against his own clearly criminal and impeachable behavior as detailed by even the redacted version of Special Counsel Robert Mueller's long-awaited report. And Democrats in both the House and even the Senate are finally beginning to use the "i"-word they should have invoked long ago. [Audio link to show follows below.]

Barr's willingness to offer Trumpian lies to the American people about what the report actually says and doesn't was swell until the American people were actually allowed to read it. Trump's repeated and now well-documented attempts at criminal obstruction of justice by trying to shutdown or otherwise derail the Special Counsel's probe is now detailed for all to see, as of Thursday public release of the redacted 448-page report [PDF].

They are also now able to read Mueller's clarion call, also detailed in the report, for Congress to take up the matter as per their Constitutional duty to serve as the only real check on a lawless President. House Judiciary Chair Jerry Nadler (D-NY) has now subpoenaed the Dept. of Justice for the full, unredacted version of the report and its underlying evidence, and has called for both Barr and Mueller himself to testify to Congress in the coming weeks. At the same time, more House members are now calling for impeachment to get under way after, as Rep. Alexandria Ocasio-Cortez (D-NY) notes: "Mueller’s report is clear in pointing to Congress’ responsibility in investigating obstruction of justice by the President" and "squarely puts this on our doorstep."

"While I understand the political reality of the Senate + election considerations," she Tweeted, "upon reading this DoJ report, which explicitly names Congress in determining obstruction, I cannot see a reason for us to abdicate from our constitutionally mandated responsibility to investigate."

For his part, after falsely hailing the report as a "total and complete exoneration" before it was publicly released, Donald Trump (who probably, ya know, should have bothered to read it first) returned to angry form as of Friday morning, railing profanely and incoherently against the report, the respected federal prosecutors and Republican former FBI Director who wrote it after a meticulous two-year process, and against his own top level staffers who are revealed in the report as the best witnesses to Trump's various impeachable high crimes and misdemeanors.

We're joined today by award-winning opinion and analysis journalist HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo for her insight into the report itself --- which she describes as a "roadmap for impeachment" --- and its fallout today as even several Presidential candidates are now joining the growing calls for impeachment proceedings to begin in the U.S. House.

Among the many topics of our lively discussion: Bill Barr's BS; Mueller's reasoning for choosing to not prosecute while passing the ball firmly to Congress to pick up instead; Why Don Jr. wasn't charged (but should have been); Whether the long-standing DoJ guidance prohibiting sitting Presidents from being indicted makes any sense, either legally, Constitutionally or politically; and whether Democrats in the House and Senate (not to mention Republicans there) will find the backbone to do the right thing and hold Trump accountable as per their Constitutional responsibilities, or whether they'll continue to pull punches as they have for so many years. That, as we also discuss, is precisely what has allowed dangerously criminal and unfit clowns like Donald Trump to ascend to the Presidency in the first place.

"If we care about the Constitution, and we care about the democracy, you can't just let this kind of stuff go." Parton argues. "Even if they can't get the Republicans [in the Senate] to convict, I think that they have to do it anyway. It's the right thing to do. They have to lay out the case."

"Most Americans are not going to read that report like I just did. They're just going to hear snippets of it. But if they do impeachment hearings, in which they establish this narrative out there for all Americans to see, and to hear it in their own words --- from Robert Mueller to Don McGahn, to Hope Hicks, to everyone of them --- and hear what they have to say, to describe what happened, I think that's important for the record. It's important for the voters to have that as they go to the voting booth, whether Trump is convicted or not."

In case you're wondering, the phone number to reach your member of Congress is 202-224-3121. I bet they'd like to hear from you...

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We're happy to have the long-overdue return of great legal journalist MARK JOSEPH STERN of Slate on today's BradCast! As usual, we cover a whole bunch of important topics at lightning speed [Audio link to today's show is posted at end of article.]

But first, some quick news headlines on the record flooding of the Missouri River now wreaking havoc, evacuations and several deaths in parts of Nebraska, Iowa and Missouri. Damage has also affected a number of military bases, despite Donald Trump's recent plans to form a "Blue Ribbon Commission" of climate science deniers to rebut military assessments about the serious dangers of climate change posed to national security and military facilities.

Also, some interesting background info today on 2020 Democratic Presidential primary candidate Pete Buttigieg, Mayor of South Bend, Indiana as well as his position on climate change and the Green New Deal. And, some news today that recently-declared 2020 Presidential hopeful Beto O'Rourke raised a jaw-dropping $6.1 million in the first 24 hours after entering the race last week, exceeding Bernie Sanders' previous record haul of $5.9 million a few weeks earlier. Both candidates blew away all other current Democratic contenders so far with those numbers --- for what it's worth.

Then, we're joined by Stern to catch up on a boatload noteworthy legal issues moving through the federal and state court systems. Among them...

The 5th U.S. Circuit Court of Appeals, late last week, upheld lower court rulings ordering a State Senate district in Mississippi found to have been a racial gerrymander to be redrawn before the state's off-year 2019 elections. That, as the U.S. Supreme Court today heard a confusing oral argument regarding 11 racially gerrymandering districts in Virginia, where lower courts have already ordered new maps to be drawn in advance of 2019 state legislative elections likely to determine whether Democrats regain majorities in either or both chambers of the state legislature.

And all of that comes in advance of a SCOTUS hearing next week regarding partisan gerrymanders in several others states before the 2020 elections, when control of both Congress and many state legislatures will be up for grabs before the redistricting that will follow the 2020 Census to help determine balances of power in all 50 states and Congress for the next decade.

Stern describes all of this as the nation finding itself in the middle of an all-out "gerrymandering brawl...a kind of legal convulsion over how much our lawmakers can draw partisan district lines to swing elections in their favor." He cautions that racial gerrymanders --- long ago found to be unconstitutional --- may not be found as such anymore in the GOP's new, stolen Court. And that the question of partisan gerrymandering, which Justice Anthony Kennedy could have ended before retiring, is now a complete unknown. "The whole thing is upside-down, inside-out," he tells me, warning to "be afraid. Be very afraid" of Justice Clarence Thomas' varying and bizarre "back and forth" positions on these matters.

Stern offers slightly better news for us regarding the last-ditch appeal of a previously blocked law created by disgraced GOP "voter fraud" fraudster Kris Kobach, the former Sec. of State of Kansas and failed 2018 Republican Gubernatorial candidate. That law, repeatedly found by lower courts to be unconstitutional, had blocked tens of thousands of legal Kansas voters from being able to register to vote without presenting proof of citizenship first. All, as the trial court judge found in 2016, to prevent what amounted to 11 votes by non-citizens cast between 1999 and 2013 out of tens of millions of votes cast by the state's 1.76 million registered voters.

Meanwhile, in Connecticut late last week, the state's Supreme Court made what Stern describes as a "stunning" ruling in a suit brought by parents of children killed in the 2012 gun massacre at Sandy Hook Elementary School. The case is filed against gun manufacturer Remington, makers of the Bushmaster AR-15 style weapon used to gun down 20 school kids and 6 adults. The court held, as Stern explains, that plaintiffs may move forward with their suit against the company, despite a unique federal law that otherwise grants completely immunity to gun manufacturers for the use of their deadly products. The suit is being brought under a state statute which, plaintiffs argue, allows them to sue Remington for irresponsibly dangerous advertising of the Bushmaster rifle. The state high court's ruling will now allow the case to continue and for plaintiffs' important discovery access to internal communications by the manufacturer, the gun industry and its advertising firms.

We also discuss a recent disturbing ruling from the 6th U.S. Circuit Court of Appeals on an Ohio state GOP law that blocks all funding to Planned Parenthood. Stern describes the ruling as a foreboding omen for what he sees as the likely full dismantling of Roe v. Wade at SCOTUS, already under way, he charges, by "a thousand cuts" at the lower court level in several states where Trump appointees are quickly filling vacancies on federal benches.

And, finally, the most important issue of all today (obviously): "The evils of Standard Time", the awesomeness of Daylight Saving Time, and those who are completely wrong in hating it, as well as the many, as Stern recently reported, who do not seem to even have an understanding of what it is! (Versus Standard Time that actually ruins everybody's lives for months on end by keeping us all in dangerous and debilitating darkness all winter long!)...

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On today's BradCast: Good news for Bernie, good news for the Green New Deal, bad news for Tucker Carlson and Fox "News", and the fight is joined against the "invasion" on the U.S. southern border. (No, not that one.) [Audio link to show follows below.]

First up: When Congress settled on a compromise spending deal last week to keep the federal government open, the agreement included a special carve-out to protect a number of sensitive wildlife and tourism related areas along the Rio Grande River in South Texas, including the threatened National Butterfly Center and the 150-year old La Lomita Mission Chapel. But, as the Director of the 100-acre butterfly and wildlife refuge tells us, she is continuing the Center's lawsuit against the government because she fears Donald Trump's "National Emergency" declaration may now override the protective legislative carve out. "In fact, we expect the equipment already at work near us will just roll right over and through us," Marianna Trevino-Wright said via email after bill was signed and the "emergency" declared by the President, noting that even the current legislative agreement lasts for just six months before negotiations for 2020 appropriations begin. "We have not been spared," Trevino-Wright wrote, "We were given a temporary stay of execution."

Receiving no such "stay" however, are thousands of private residents living along the South Texas border. So, last Friday, the non-profit good government organization Public Citizen filed a federal lawsuit on behalf of three private citizens and the Frontera Audubon Society challenging Trump's "National Emergency" declaration to steal money from the military in order to build his wall with Mexico on the border. The lawsuit [PDF] filed in the U.S. District Court for D.C. describes the scheme as unlawful and unconstitutional.

We're joined today by ALLISON ZIEVE, General Counsel for Public Citizen and Director of their Supreme Court Assistance Project, to discuss the complaint filed on behalf of three Starr County, TX residents whose property and homes on the banks of the Rio Grande --- where they and their families have lived for as many as five generations --- will now be bisected by a giant barrier, cutting them off from the river entirely. In one case, the wall would be built just feet from the landowner's house.

The suit describes the federal government's heavy-handed tactics to condemn and seize private lands from the plaintiffs as an "imminent invasion of privacy and the quiet enjoyment of their land." The case is also filed on behalf of Frontera Audubon, which charges the wall will impede migration of wildlife at the nature preserve and prevent their members from getting to where birds and other sensitive species are threatened along a 250-mile wildlife corridor on the Rio Grande River.

Zieve tells me how Public Citizen's complaint, filed last Friday, differs from the one filed by 16 state Attorneys General on Monday also seeking to block Trump's "emergency" declaration as an unlawful exercise of the National Emergency Act, and how the cases are likely to play out as they work their way, almost certainly, to the U.S. Supreme Court, particularly, she notes, "if any of the plaintiffs win" at the appellate level.

"If there's no emergency, the President can't declare one," Zieve argues, adding: "What it really comes down to is there is no emergency. Everybody knows that. It's not really that [the Administration] thinks there's an emergency. It's that they think the President can do whatever he wants. And that's just not our Constitutional system."

Also on today's show: Bernie Sanders shatters historic U.S. records for funds raised on the first day of his announcement that he's running for President again in 2020. And it wasn't even close. And the elements of the Green New Deal prove to be wildly popular, garnering well over 80 percent support across all political parties, according to a new poll by Business Insider.

Finally, the unaired profane interview between Tucker Carlson of Fox 'News' and historian Rutger Bregman about raising taxes on the wealthy that, apparently, Fox does not want you to hear, since they taped it last week but decided against running it --- so we did.

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No, we're still not done with the 2018 elections on The BradCast, even as we begin to turn towards the hell that awaits in 2020...because someone's got to. We've got several follow-up stories today, and some new ones. All of them maddening for those of us who believe in fair and overseeable public elections. [Audio link to today's show is posted below.]

First today, an update to a story we covered in detail yesterday. Florida's new Republican Governor Ron DeSantis recently suspended the elected Palm Beach County Supervisor of Elections, Susan Bucher, falsely charging the 10-year elections official --- one of the most knowledgeable and respected in the nation --- with "incompetence". Her suspension followed on another by Rick Scott, the previous Republican Governor, of the Supervisor of Elections in Broward County. In both cases, the officials in two of the most Democratic counties in the closely-divided swing-state have now been replaced with Republicans in advance of 2020. These are extraordinary partisan power grabs.

While Bucher had vowed last week to fight her suspension, about an hour after we got off air yesterday she decided to resign rather than challenge her case to the partisan GOP-controlled Florida state Senate, her only option under state law. Here's the full statement [PDF] on her decision to resign that Bucher sent me earlier today.

An outrageous decision by Republicans in Iowa's state legislature on Monday illustrates a similar concern in the Hawkeye State. There, Republicans in the state House of Representatives won a party-line vote to reject 29 absentee ballots cast in an Iowa state House race last November that was reportedly won by the Republican candidate by just 9 votes out of more than 14,000 cast. The unopened ballots in question were missing a postmark --- the Postal Service acknowledges they don't always postmark absentee ballots --- but had barcodes on the envelopes confirming that the ballots were sent and received by the Post Office in time to be included in the tally. Nonetheless, GOP state lawmakers refused to open the ballots and include them in the count, denying the voters their right to vote and ensuring the 9 vote "victory" by the incumbent Republican Rep. Michael Bergan, The Democratic candidate who filed the election challenge, Kayla Koether, says she's considering a lawsuit with some of the voters in response.

Speaking of rejected challenges, we're joined once again today by MARILYN MARKS of the Coalition for Good Governance for several maddening updates to at least two election cases that her organization has filed in Georgia. One, which we initially covered with her when it was filed last year, is an election contest to the results of November's Lt. Governor's race. That contest featured an inexplicably huge undervote rate, but only in that race (not in any other races much farther down the ballot) and only on the state's 100% unverifiable touchscreen voting systems (the undervote rate was as expected, in line with other contests, on hand-marked paper ballots sent via mail or at the polls during early voting in the some race.)

That contest, however, was recently dismissed in an remarkable ruling by Cobb County Judge Adele Grubbs. She found the plaintiffs offered no evidence that votes were cast illegally or that legal votes were rejected, after refusing to allow discovery that would have permitted an expert forensic investigation of the state's unverifiable, easily-hacked, oft-failed touchscreen voting systems. Marks' organization is now appealing Grubbs' ruling to the state Supreme Court and is hopeful the higher court will allow the discovery investigation that was denied, but that voting systems experts say is warranted.

Marks says the Secretary of State's office refused access the systems and the judge "forced us to go trial without the first shred of discovery, which is our legal right to have. She also denied our right to a jury trial. So the state and the court has nailed the doors shut to make sure that we don't get to find out what is behind this clear machine misprogramming, defect, malfunction, whatever it is."

At the same time, Marks has also been leading the charge in an uphill battle against former GOP Sec. of State, now Governor Brian Kemp and his Republican successor Brad Raffensberger to replace the state's unverifiable touchscreen voting systems with hand-marked paper ballots. Computer scientists and voting systems experts strongly recommend such systems [PDF], along with voters in the Peach State who have spoken out loudly and clearly in favor of hand-marked paper ballots.

And yet, the private voting system vendor lobbyists, elections officials and elected state Republicans continue to call for newly designed and expensive unverifiable touchscreen systems which produce a barcoded ballot summary card instead of a verifiable record of voter intent. It's impossible to carry out legitimate post-election audits of computer-marked ballot summaries. Nonetheless, jurisdictions around the nation --- counties in Pennsylvania, Ohio, Texas and even Los Angeles County, not to mention the the entire state of Georgia --- may soon be voting on such unauditable, unverifiable systems in the 2020 Presidential election, unless they can be stopped.

"There is just no reason that such machines should be legal in this country, given what we know now about the dangers of electronic voting," Marks tells me, while noting that computer Ballot Marking Devices (BMDs) cost about three times as much as hand-marked paper ballots systems. "There's too much money involved, and therefore a lot of people are not looking at what's best for the state. I'll just say it that way. Too many people have probably received too many favors."

"Unfortunately, for some of the decision-makers, having an unauditable system is a feature, not a bug," she opines, while remaining hopeful that "people are catching on" that a barcoded ballot system is not the same as a verifiable hand-marked paper ballot system, despite how elections officials are misleading voters around the country.

Finally today, speaking of 2020, Desi Doyen joins us with the latest Green News Report as Democratic candidates begin taking positions on a "green new deal", as hundreds are dead or missing in a mining dam collapse in Brazil, and as a powerfully frigid Arctic polar vortex descends on much of the U.S. (thanks, in no small part, to climate change)...

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(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Bracing for an Arctic blast across America, and yes, it's linked to global warming; Hundreds dead after mining waste dam collapse in Brazil; Trump's government shutdown is over, for now, but some damage is irreversible; PLUS: 2020 Democratic presidential candidates are pushing for action on climate change... All that and more in today's Green News Report!

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): Germany to close all 84 of its coal-fired power plants, will rely primarily on renewable energy; Across America, climate change is already disrupting lives; Trump rollbacks for fossil fuel industries carry steep cost to public health; 'Under siege', oil industry mulls raising returns and PR game; Methane Bomb in the Arctic: How imminent is the threat?; Montana's forests once helped blunt climate change. Now they contribute to it; Solutions to climate change get short shrift on broadcast TV news; Caterpillar unveils an all-electric 26-ton excavator... PLUS: VIDEO: Greta Thunberg issues climate warning at Davos: 'I want you to panic'... PLUS:

... and much, MUCH more! ...

On today's BradCast: Some encouraging election news. More disturbing news about the Republican's "sham" rush rob to ram through another GOP activist onto the U.S. Supreme Court before they could lose their slim majority in the U.S. Senate. And the re-emergence of Barack Obama before the November midterms. [Audio link to show follows below.]

First up today, noteworthy reported results from Thursday's midterm primary elections in Delaware and some largely good election news elsewhere.

In Florida on Friday, a federal judge ordered 32 counties sued by a number of voting rights and Latino advocacy groups to immediately publish election materials in Spanish, in addition to English, in compliance with the Voting Rights Act. As we discussed with Demos' Senior Counsel Stuart Naifeh on a program last week, the groups had sued after the counties failed to comply with the VRA, despite some 50,000 U.S. citizens who were dislocated from Puerto Rico after Hurricane Maria having trouble re-registering and voting in the Sunshine State's "English only" counties. The judge's ruling, suffice to say, suggests he was VERY unhappy with the defendants in the case.

In Kansas, a Republican candidate for the state's House of Representatives has been arrested on election fraud charges. Notably, the Sec. of State Kris Kobach, a longtime GOP "voter fraud" fraudster and now the state's Republican nominee for Governor, had no comment on the arrest after having failed to bring the charges himself, despite convincing the state legislature to give him prosecutorial powers (the only SoS in the nation with such powers) and despite having made claims of a massive "voter fraud" epidemic central to his role as the state's chief election official.

Then, the week-long circus at the U.S. Senate Judiciary Committee's confirmation hearings for Donald Trump's U.S. Supreme Court nominee, former Republican activist turned D.C. Court of Appeals Judge Brett Kavanaugh, wrapped up on Friday, with still more late disclosure's about Kavanaugh's record while serving as an operative in the George W. Bush Whitehouse. The disclosures come from documents from during that period which Republicans had attempted to keep "confidential" from the American public.

Salon's political reporter AMANDA MARCOTTE, who's been reporting on the proceedings, joins us to discuss what we've learned --- and haven't --- about Kavanaugh and the Democrats' surprisingly united and aggressive attempt to block his confirmation. "The Senate Democrats came at this in a way that I don't think I've ever seen them do anything of this sort before. They had an organized strategy, and they executed it pretty well," she explains.

We focus specifically today on Kavanaugh's "threat to women's health and safety" with his disingenuous and misleading statements to the Committee (and to potential swing voting Republican Sens. Susan Collins and Lisa Murkowski) about Roe v. Wade's Constitutional right to an abortion as "settled law". Several lines of questioning from Sen. Kamala Harris (D-CA) this week, as well as so-called "committee confidential" documents released by Sen. Cory Booker (D-NJ) --- at threat of Senate expulsion --- underscore the con that both Republicans and the activist Judge Kavanaugh are attempting to pull off on the American public.

"If you were a space alien and you just dropped in to watch these hearings, you would get the impression that the Republicans think of Brett Kavanaugh as a liberal lion. All they do is talk about how anti-racist he is, how pro-equality. The cases that he's ruled on that they've highlighted were the three or four extremely rare ones where he sided with working people or oppressed people or people trying to get healthcare. The tiny minority of his cases. They barely go a minute without talking about how much he loves women, and he's practically a feminist," Marcotte says. "It's been kind of surreal, because obviously they don't believe a word of it, because if they actually thought he was any of the things they were presenting him as, they wouldn't have nominated him."

She charges Kavanaugh has been trying to "imply that he's going to uphold Roe", though "he clearly has no intention of doing it. That's why the leaked emails were such a big deal...These hearings should be understood as an elaborate theater to give Susan Collins and Lisa Murkowski cover while they vote, to claim that they're pro-choice while voting to overturn to Roe v. Wade."

We also take a few minutes to discuss Marcotte's recently published book, Troll Nation: How the Right Became Trump-Worshiping Monsters Set on Rat-F*cking Liberals, America, and Truth Itself --- not that she has particularly strong opinions on such things.

Finally, after another tough week --- almost a year and a half of them, in fact --- former President Barack Obama reemerged on Friday with a speech at the University of Illinois that unloaded on Trump as, among other things, "a symptom, not the cause" of our current woes. More importantly, he offered some advice and inspiration regarding the necessity of voting in this November's midterms and elections beyond them. We close out the week with some excerpts from his address...

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On today's BradCast: The first day of hearings in the U.S. Senate Judiciary Committee for Judge Brett Kavanaugh, Donald Trump's very unpopular nominee to fill the U.S. Supreme Court by "swing vote" Justice Anthony Kennedy last month, started with tens of thousands of documents withheld by the White House over the weekend, kicked off Tuesday morning with pandemonium from Democratic committee members objecting to the proceedings, and continued with protests and arrests of some 70 observers in the chamber throughout the day. Just another unprecedented day in the U.S. Senate in the Trump Era. [Audio link to show follows below.]

Today we cover much of the havoc with extended excerpts from the hearings, and then a visit with columnist, Zero Hour radio host and former Bernie Sanders 2016 campaign writer RICHARD ESKOW, who joins us to try and help us make sense --- any sense --- of it all.

With some 100,000 documents from Kavanaugh's time in the George W. Bush White House (where he served as legal adviser and Staff Secretary during some of Dubya's most consequential decisions, on everything torture to marriage equality) being withheld at the instruction of the Trump Administration late on Friday night and some 42,000 documents dumped on Committee members on the Labor Day Monday evening before hearings were to begin on Tuesday morning, we discuss whether Democrats should have shown up at all for today's hearings for the longtime Republican Party operative turned federal judge turned SCOTUS nominee.

Kavanaugh, who appears to have lied to the U.S. Senate during his 2006 Senate hearings for the D.C. Court of Appeals, is now being rammed through in what appears to be a desperately mad dash by Republicans to seat him with a bare majority before they may lose control of the U.S. Senate after this November's midterms. So, should Democrats have even played along with what some are describing as an "illegitimate" process or should they simply have refused to show up altogether?

"Even the strongest statements [from Democrats] today were not strong enough. They were good, they were fine, but every debater knows that as long as you allow your opponent to establish a phony premise or a phony setup for the debate, you're going to lose," Eskow argues. "By showing up --- even by voicing their objections --- the Democrats, by the way they are handling this, are legitimizing the process, in my opinion."

We also discuss the media coverage of the nomination and subsequent hearings, and the dilemma we in the media face in how (and if) to cover the substantive issues and related concerns about Kavanaugh's hard-right record as a jurist. On one hand, we are legitimizing an illegitimate process in doing so. On the other, if seated on the GOP's already-stolen U.S. Supreme Court, Kavanaugh will almost certainly serve as the fifth vote to rollback and/or reverse decades of hard-fought civil rights victories and much more for at least a generation. So, we do need to cover it, right? (That's a very real question that I've been debating for quite a while. Would welcome your thoughts in comments below!)

And all of this, mind you, for a potential Justice nominated by a President facing a serious criminal investigation, and who will almost certainly, if seated, sit in judgment of Special Counsel Robert Mueller's probe into the same President who nominated him for a lifetime position on the nation's highest Court.

"It's Alice in Wonderland," charged Vermont's Democratic Sen. Patrick Leahy, who has been in the Senate for 44 years, overseeing the Judiciary Committee's confirmation hearings for every single Justice currently on the Court, during his opening remarks on Tuesday: "Today, the Senate is not simply phoning in our vetting obligation, we're discarding it. It's not only shameful, it's a sham...And any claim that this has been a through transparent process is downright Orwellian...This is the most incomplete, most partisan, least transparent vetting for any Supreme Court nominee I have ever seen...and I've seen more of those than any person serving in the Senate today."

Also on today's show (albeit very quickly!): Voters head to the polls for primary election day in Massachusetts on Tuesday, Delaware on Wednesday, and fast-moving Hurricane Gloria now threatens the Gulf Coast...

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On today's BradCast, a few of Donald Trump's nominees for top cabinet slots may be facing trouble, as Senate hearings continue this week in the U.S. Senate, preparations are finalized (and changed) for the Inauguration, and President Obama issues last minute pardons and commutations. [Audio link to full show is posted below.]

First today, as we go to air, breaking news on Obama's merciful commutation of the unprecedented 35-year prison sentence for U.S. Army whistleblower Chelsea Manning and a number of additional last-minute pardons and commutations.

Then, as Senate confirmation hearings resume today for Donald Trump's nominees, including for Education Secretary nominee Betsy DeVos and Interior Dept. Secretary nominee Rep. Ryan Zinke (R-MT), we look at concerns about both of them. Billionaire DeVos, for example, has given, quite literally, millions of dollars in donations to Republicans and GOP causes over the years, including tens of thousands to the GOP Senators set to vote on her nomination in the Health, Education, Labor and Pensions Committee today. And, in the Energy and Natural Resources Committee, Sen. Bernie Sanders pressed Zinke on whether or not he believes, like Trump, that climate change is "a hoax".

Then, we're joined by financial journalist and award-winning author David Dayen, to discuss several Trump nominees whose confirmations could now be in jeopardy, including the President-elect's picks to head up Health and Human Services (Rep. Tom Price), Labor (billionaire Andrew Puzder), Treasury (billionaire Steve Mnuchin) and Commerce (billionaire Wilbur Ross). We also discuss Dayen's recent big scoop at The Intercept on a memo detailing "widespread misconduct" (including fraud) at Mnuchin's mortgage bank OneWest and CA's then Democratic Attorney General, now U.S. Senator Kamala Harris' failure to further investigate or prosecute, despite recommendations from her own staff to do so.

Whether or not some of those nominations fall apart, Dayen notes a "supreme irony" in the both the election of Trump and the nominations of guys like Mnuchin and Ross, both profiteers of the "Great Foreclosure Machine".

"There was never any accountability for that. The Obama Administration famously kind of walked off the field in terms of prosecuting bankers and financial institution executives who instigated [the 2007 financial crisis]," argues Dayen. "And then who gets placed into power in the aftermath is the same people whose reputations have been rehabilitated effectively, who weren't given any sanctions for the actions that they took. And, in addition, the fact that there was no accountability created this sort of broken social fabric that helped lead to the rise of populist figures like Donald Trump in the first place."

"There are a lot of ways you can look at this," he tells me. "But there's no question that that failure to get the accountability that the American people wanted in the wake of the financial crisis played a role in the actions that occurred on Election Day 2016, and now those same people who profited off that neglect will be in charge."

Finally, as public pressure builds against some of those nominations, pressure has also led to a number of changes in plans for this week's Inauguration...

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