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Latest Featured Reports | Tuesday, December 3, 2024
'Green News Report' 12/3/24
  w/ Brad & Desi
U.N. plastics treaty negotiations collapse in S. Korea; U.N. COP29 climate talks end with weak agreement in Azerbaijan; PLUS: Extreme drought is an immigration issue, study warns...
Previous GNRs: 11/21/24 - 11/19/24 - Archives...
Hunter's Pardon:
'BradCast' 12/2/2024
Also: Biden-Harris 2020 cybersecurity chief questions 2024 results; Trump's latest corrupt appointments; Listeners ring in...
Sunday 'First Things First' Toons
THIS WEEK: Religious 'Freedom' ... The Felon-Elect ... Tariff-ied ... The Great Xcape ... and more! In our latest collection of the week's most prayful toons...
Sunday 'No Such Agreement' Toons
THIS WEEK: A Cabinet of Crooks, Kooks and Corrupted Curiosities...and more! In our latest collection of the week's most toxic toons...
How (and Why!) to 'Extend an Olive Branch' to MAGA Family Members Over the Holidays: 'BradCast' 11/21/24
Guest: Leaving MAGA's Rich Logis; Also: Bibi's 'war crimes'; Hegseth 'assault'; Gaetz out!...
'Green News Report' 11/21/24
  w/ Brad & Desi
Back-to-back killer storms in NW; Huge cache of 'rare earth' elements discovered in U.S.; Climate change worsened every hurricane; PLUS: NY revives congestion pricing...
Previous GNRs: 11/19/24 - 11/14/24 - Archives...
Former Federal Prosecutor: Trump Must Be Sentenced in NY Before Taking Office Again: 'BradCast' 11/20/24
Guest: Randall D. Eliason; Also: Repubs cover for Gaetz; FCC nom threatens censorship...
'Bullet Ballot' Claims, Other Arguments for Hand-Counting 2024 Battleground Votes: 'BradCast' 11/19/24
Also: PA Supremes order votes tossed before Senate recount; Gaetz files reportedly hacked...
'Green News Report' 11/19/24
Trump nominates fracking CEO, climate denier to head Dept. of Energy; Winters warming quickly in U.S.; PLUS: Biden heads to Amazon Rainforest to offer hope...
Trump Already Violating Law (He Signed!) During Transition: 'BradCast' 11/18/24
Guest: Former Dep. Asst. A.G. Lisa Graves; Also: Flood of unqualified, corrupt Trump noms for top cabinet posts...
Sunday 'Into the Gaetz of Hell' Toons
THIS WEEK: Pyrrhic Victories ... Cabinet Clowns ... Blame Games ... Sharpie Shooters ... And more! In our latest collection of the week's sleaziest toons...
'Green News Report' 11/14/24
NY, NJ drought, wildfires; GOP wins House, power to overturn Biden climate action; PLUS: Very high stakes as U.N. climate summit kicks off in Baku, Azerbaijan...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: NatSec journo Marcy Wheeler of Emptywheel; ALSO: Hurricane Ernesto swipes Puerto Rico; Primary results from CT, VT, MN and WI...
By Brad Friedman on 8/14/2024 6:24pm PT  

Was the Trump Campaign really hacked as they've recently claimed? If so, was it actually by Iran, as they also claim? And, If so, isn't that a far greater threat to national security than the corporate media reporting on it seem to understand, so far? Those are just some of the questions asked and answered on today's BradCast. [Audio link to full show follows this summary.]

BUT FIRST... before we get to our guest today with answers to those questions, another tropical storm has spun up very quickly this week in the record hot Atlantic Ocean. Desi Doyen has the latest today on the climate change-fueled Hurricane Ernesto as it blows by Puerto Rico, which is still rebuilding its crippled power grid from previous storms, and heads toward Bermuda.

NEXT... it was primary Election Day on Tuesday in Connecticut, Vermont, Minnesota and Wisconsin with Congressional and state primaries and even some ballot initiatives for good measure. We've got several noteworthy reported results from all four states after what appears to have been a smooth Election Day in all of them, along with a look ahead and what a number of the contests may portend for November.

THEN... You probably saw the headlines over the weekend about someone calling themselves "Robert" approaching Politico, New York Times and Washington Post with what they claimed to be internal Trump Campaign documents, such as vetting documents for GOP Vice Presidential candidate J.D. Vance. You probably also heard that the Trump Campaign is claiming they were hacked by Iran, and that Microsoft, just one day earlier, had issued a security bulletin [PDF] stating that a hacking outfit tied to Iran had "sent a spear-phishing email to a high-ranking official of a presidential campaign from a compromised email account of a former senior advisor." (That "former senior advisor" appears to be federal convict, Republican dirty trickster and longtime Trump buddy, Roger Stone.)

So, are all of those things actually connected, as the Trump Camp is claiming? And, after Donald Trump repeatedly lauded the publication of internal campaign email documents hacked from the Clinton Campaign by Russia in 2016, how hard should we now be laughing at his own 2024 Campaign spokesperson warning: "Any media or news outlet reprinting documents or internal communications are doing the bidding of America's enemies"?

It's difficult not to chuckle at how the worm has turned, but for our guest today, national security journalist MARCY WHEELER of Emptywheel, joining us to explain what is seemingly being missed by the mainstream coverage of the events --- accurate or not --- as noted above.

First, we try and sort out with Wheeler what is actually known versus still speculative, and how much of it could amount to Team Trump conflating events in hopes of playing the victim and/or protecting themselves from the publication of documents said by "Robert" to be marked as "privileged & confidential". It's certainly interesting to compare how the media have treated these internal campaign documents versus Hillary's in 2016.

But the larger concern, as Wheeler reports this week, is that since Trump doesn't seem to firewall his Campaign documents from the legal documents related to the many criminal cases against him, there are very serious concerns that whoever hacked his campaign emails --- if, in fact, they did --- may also have gained access to highly classified information related to those cases, such as the felony charges he is facing in Florida for having stolen highly classified national security information when leaving office in 2021.

"Donald Trump has not firewalled his campaign from his crimes," Wheeler tells me today. "If you were to hack their computer, it would be a gold mine. It would be a gold mine that would make all of us less secure."

"Remember, we know one of the documents charged against Donald Trump [in the stolen documents case] summarizes the 2019 plans against Iran if they attacked us," she warns. Also, there were documents pertaining to what we know about Iran's nuclear program. She says that, if in fact you have hacked email accounts from the law firm that was vetting J.D. Vance, "then you're getting a lot closer to things that go to Trump's stolen documents case. That's one of several reasons where, if the Iranians were successful, as Russia was [in 2016], you could have a snowballing effect on the national security implications here."

"Most normal humans beings firewall these things," Wheeler asserts, while detailing the way Trump's campaign business is known to have been co-mingled with his legal defense funding and more. "Donald Trump has never kept those separate. We know he hasn't kept them separate. Those are the reasons why the fact that Donald Trump may have been hacked raise additional concerns."

And, oh yeah, there is the newly revealed evidence, via the Dept. of Justice, that someone linked to Iran was recently working on an assassination plot against the former President. That, too, as she details today, plays into this initially hilarious and, on second thought, potentially horrifying turn of events...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: NatSec journalist Marcy Wheeler; Also: Out of work loser, Dr. Oz; Hilarious sentence for GOP vote suppression scammers; Breaking: 11th Circuit nixes Special Master in Trump stolen documents case...
By Brad Friedman on 12/1/2022 5:49pm PT  

We've been telling you since Thanksgiving on The BradCast that Accountability Season is finally beginning to get underway as Election Season almost wraps up. Today's show is pretty much nothin' but accountability. [Audio link to full show is posted below this summer.]

Earlier this week, in the first of several conspiracy trials scheduled for far-right, white nationalist militia groups, the Dept. of Justice notched guilty verdicts for Seditious Conspiracy charges in relation to the Trump-incited January 6th, 2021 insurrection at the U.S. Capitol. Oath Keepers founder Elmer Stewart Rhodes III (a one-time guest on this program!) and its Florida chapter head, Kelley Meggs, were both found guilty by a jury on Tuesday. They and three co-defendants were also convicted of Obstructing an Official Government Proceeding and other charges related to the effort to block the peaceful transfer of Presidential power in a failed attempt to help Trump steal the 2020 Presidential election.

Each of the five defendants found guilty on several charges each this week are facing maximum sentences of anywhere from 40 to 86 years in prison for their crimes. So, what does this mean going forward for the other upcoming sedition trials and for those yet to be charged for the same felony crimes, such as Roger Stone, Alex Jones and...yup...Trump himself?

We're joined today by national security journalist MARCY WHEELER of Emptywheel to discuss all of that and much more! Among the related topics discussed...

  • Why the convictions this week were important, and how the several trials of Oath Keepers and Proud Boys are being approached by DoJ as "interlocking conspiracies". In turn, they may result in similar indictments eventually against Trump insiders like Stone and Jones for seditious conspiracy and/or conspiracy to obstruct the government's peaceful transfer of power.
  • Whether Trump will eventually face same charges and how much it matters whether he is indicted for Sedition versus Obstruction, both of which carry the same 20-year max sentences attached to them.
  • Whether Merrick Garland's recent appointment of Jack Smith as Special Counsel overseeing both the federal January 6 probe and their criminal investigation of the classified and other documents stolen by Trump and obtained by the FBI at Mar-a-Lago is a good or bad idea. On that, she points out that Smith's mandate may eventually require a decision on whether to bring charges against Republican member of Congress like Reps. Scott Perry (PA) and Jim Jordan (OH). As she reported at Emptywheel recently, with a razor thin majority for the GOP in the House next year, such decisions could end up flipping control of the House from Republican to Democratic. Therefore, it may prove critical to have someone overseeing these investigations who is not a political appointee of President Biden.
  • In the event that Trump is charged for any of these crimes, will it even be possible to find a jury that doesn't include a MAGA Republican willing to block any and all charges against the former President? On that, she notes, she is less concerned about such jurists than about Trump's skills as "a mob boss".

"Let me put it this way," Wheeler tells me on that point, "I'm far more worried about obstruction than I am about a jury. He's a mob boss. I think virtually all people really, really underestimate the degree to which he obstructed [Special Counsel Robert] Mueller in 2020 after Bill Barr came in. Barr got away with so much that people just can't conceive how effectively he killed the Mueller investigation and any other investigation that tied to him. So, he's not President, but he's still a mob boss." And that, she says, worries her more "than that a jury won't do their sworn duty."

And, in more Accountability Season news on today's program...

  • Trump-backed U.S. Senate loser and former celebrity TV Doctor Mehmet Oz is apparently not welcome back on TV and can't find a job. Sad!
  • Two longtime GOP operatives/yutzes, Jack Burkman and Jacob Wohl, who sent out tends of thousands of robocalls to black voters in five states before the 2020 election, trying to hoax them about phony dangers of voting by mail (and turning over their information to "The Man" in the process), were sentenced in Ohio this week. Their sentence, somewhat hilariously, includes 500 hours of voter registration work in low-income D.C. neighborhoods.
  • And BREAKING just as were finishing up today: In a stinging loss for Trump, a three-judge panel (including two judges he appointed) on the 11th Circuit Court of Appeals, nixed the Special Master named by Judge Aileen Cannon (also a Trump appointee) to review the stolen government documents retrieved by the FBI from Mar-a-Lago. The court ruled Cannon had no jurisdiction to make any such appointment which served only to help the Mob Boss slow down the DoJ's investigation of Trump's theft of records, and apparent violations of the Espionage Act, the Presidential Records Act, and obstructions of justice...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: National security journalist Marcy Wheeler of Emptywheel.net...
[UPDATED with link to full transcript of interview with Wheeler.]
By Brad Friedman on 7/14/2022 6:34pm PT  

The big time former federal prosecutors are only just now beginning to catch up to what our guest on today's BradCast has been saying all along: Merrick Garland's Department of Justice is, in fact, on the job and Donald Trump is, in fact, in their sights. [Audio link to full show is posted below.]

At The Atlantic today, Ronald Reagan's former Deputy Solicitor General and George H.W. Bush's Deputy Attorney General, Donald Ayer, along with former Asst. Attorney General for the Civil Division at DoJ, Stuart M. Gerson, and former federal prosecutor and Chief Asst. City Attorney in San Francisco, Dennis Aftergut, declared that, after seven public hearings by the U.S. House Select Committee investigating the January 6, 2021 insurrection and Trump's multiple attempts to steal the election, "The evidence is now overwhelming that Donald Trump was the driving force behind a massive criminal conspiracy to interfere with the official January 6 congressional proceeding and to defraud the United States of a fair election outcome."

The three prosecutors, two of whom served in Republican Administrations, observe that "This was Trump's project all along" and there is now more than enough evidence to prosecute the disgraced former President. "The damage to America’s future that would be inflicted by giving him a pass far outweighs the risks of prosecuting him," they write, "And the tradition of not prosecuting a former president must yield to the manifest need to protect our constitutional form of government and to assure that the violent effort to overthrow it is never repeated."

At New York Times earlier this week, Andrew Weissman, a long time federal prosecutor of high profile criminal conspiracies and a senior prosecutor on the Special Counsel team that investigated Russian interference in the 2016 election, argues that Garland's "bottom up" investigation --- working the way up the food chain from the hundreds of dupes on the ground on January 6, through the rightwing extremist militia group participants like the Proud Boys and Oath Keepers, now facing seditious conspiracy charges, to those in Trump's inner-circle --- is too slow, difficult and ultimately too narrow. He calls instead for a "hub and spoke conspiracy" probe, now that it's clear Trump was at the "hub" of multiple criminal "spokes" in his attempts to steal the 2020 election. January 6 was just one such "spoke".

Our guest today, however, who has perhaps been following every single indictment, federal court filing, and shred of available evidence as close or closer than anyone on the planet, has long been arguing that Garland's DoJ has been doing all of the above, and for some time --- whether the big time former federal prosecutors have finally gotten around to noticing or not.

MARCY WHEELER, the prolific independent national security journalist from Emptywheel.net, is a long time friend who has been joining us on the show for many months now, often to counter the many critics of Garland. She has long argued the DoJ is, in fact, on the case, and has a number of criticisms of Weissman's much-cited critique of the Department's probe.

She argues DoJ has long been carrying out a very broad investigation of the sort that Weissman is now calling for. In addition to the hundreds of grunts on the ground and dozens of seditious conspirators from the militia groups already charged, the Department has also been deliberately collecting a wide swath of critical evidence from members of Trump's inner-circle --- from Rudy Giuliani to Roger Stone to Michael Flynn to Sidney Powell to John Eastman to Mark Meadows and beyond.

Today's conversation, as usual with Wheeler, is complex and far-reaching. We discuss where folks like Weissman have been missing the big picture, and we discuss what she has learned from the Select Committee's hearings and where they still have information to learn themselves.

But the bottom line is this: Wheeler believes "there is plenty of evidence to prove that Donald J. Trump conspired and, himself, did obstruct the vote certification on January 6th," but that the DoJ "will not charge it...until they get a couple of more things in place." Those things, namely, are "four people," one of whom, she notes, the Trump camp itself believes "is about to go to prison."

Tune in to find out who those people are, and when Wheeler believes charges for Trump are likely to come down --- from someone who has been far ahead of the curve on all of this for the past year and a half or so. (Oh, and yes, she tells us that Steve Bannon, whose trial on criminal Contempt of Congress charges begins next week, is indeed in trouble too. "Probably more trouble than he knows.")

CLICK TO LISTEN OR DOWNLOAD SHOW!...

Update 7/21/2022: Our friend "Spocko" was so impressed by Marcy's commentary in this episode that he created a full text transcript of my interview with her. He says he used AI to do it, so I can't vouch for the accuracy of it, but thought it might be helpful to some if I posted that link to it here for archival and posterity purposes.

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Guest: Marcy Wheeler of Emptywheel; Also: WI judge bars all ballot drop boxes; OH Supremes nix GOP-gerrymandered state, U.S. House maps...
By Brad Friedman on 1/14/2022 6:45pm PT  

We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Guest: Marilyn Marks of Coalition for Good Governance on that and MUCH more; Also: Stone takes the 5th; Judge allows Dominion's $1.6 billion defamation case to proceed against Fox 'News' ...
By Brad Friedman on 12/17/2021 7:25pm PT  

It's been a rough close of the year for those of us fighting to preserve democracy in these United States against the rising authoritarian tide from the Right. But while it's has been a tough slog for passage of federal voting rights and election protection legislation in the U.S. Senate, there have been several critical victories for fans of democracy in federal court over this past week, as covered on today's BradCast. [Audio link to full show is posted below this summary.]

First up, some quick news on the continuing probe by the U.S. House Select Committee investigating Donald Trump's attempt to steal the 2020 election by inciting an insurrection at the U.S. Capitol on January 6th. GOP dirty tricksters and longtime Trump pal Roger Stone invoked his 5th Amendment right against self-incrimination before the Committee today. While Stone is the first to admit to doing so publicly, he is the third Trump henchman to reportedly have done so to date. In 2019, Stone was convicted of seven criminal felonies, including lying to Congress and obstructing the probe into Russian interference in the 2016 election, before eventually being pardoned for all charges by Trump on his way out of office.

The House Committee appears to now be homing in on the question of, in Vice Chair Liz Cheney's words: "Did Donald Trump, through action or inaction, corruptly seek to obstruct or impede Congress's official proceedings to count Electoral Votes." If so, and if charged with and found guilty of said action or inaction, the former President could face as many as 20 years in prison under federal law.

Fox "News", on the other hand, is already in federal court, facing a $1.6 billion defamation lawsuit by the Dominion Voting Systems company. On Thursday, a federal judge denied the Republican propaganda outlet's Motion to Dismiss the case. That is a major hurdle for the private voting system vendor to have cleared, allowing their case to move on to the discovery and trial phase. Both Dominion and another private election vendor, Smartmatic, have filed several defamation suits against Fox and other rightwing media outlets, as well as Trump lawyers and allies such as Rudy Giuliani [PDF], Sidney Powell [PDF] and MyPillow CEO Mike Lindell [PDF], for their false claims that Dominion and Smartmatic stole the election for Joe Biden. Giuliani, Powell and Lindell's Motions to Dismiss in their similar defamation suits, in which the voting companies are seeking more than a billion dollars in each, were all rejected over the summer.

Next, more good court news came in late last week in the eight different lawsuits now filed challenging the state of Georgia's voter-suppression and election subversion law known as SB202. The measure was adopted by state Republicans earlier in the year on the heels of Trump's evidence-free claim that the 2020 election he lost to Biden in the Peach State was rigged, and after the elections of the state's Democratic U.S. Senators Jon Ossoff and Raphael Warnock in the January runoff.

Late last week the Trump-appointed judge overseeing all eight challenges to SB202, allowed all of them to proceed in full, rejecting the Motions to Dismiss filed by the State and Republican groups that have joined the defendants. Seven of those suits, including those filed by the NAACP, ACLU, Stacey Abrams' Fair Fight organization and the U.S. Dept. of Justice, focus largely on race-based violations of the Voting Rights Act.

The eighth case, filed by the Coalition for Good Governance [PDF], in which I am a named plaintiff representing media, challenges SB202's election subversion clause and several others which, the suit contends, violate the First Amendment of the Constitution. SB202's election subversion clause allows the State Board of Elections to replace county elections officials with partisans, for virtually any reason they like, who can then overturn elections, also for virtually any reason they like. Other provisions of the law challenged by CGG prevent the public and media outlets like our own, from basic election oversight and reporting functions that have been in place for decades if not centuries, such as the right to photograph inside of polling places or during the tallying of absentee ballots.

Earlier this year, in August, U.S. District Judge J.P. Boulee granted an injunction [PDF] on SB202's photography ban in advance of Georgia's November municipal elections. But his ruling last week [PDF] was much broader in allowing all eight challenges to the law to proceed in full toward the discovery and trial phases. It was, as my guest explains today, a major victory for all of the plaintiffs.

We're joined today by MARILYN MARKS, Executive Director of the non-partisan Coalition for Good Governance, to discuss the good news in that case, new developments in her separate, longstanding case challenging the use of Georgia's new, 100% unverifiable touchscreen voting machines made by Dominion Voting Systems and much MUCH more. We haven't spoken on air with Marks, usually a frequent guest, in about six months! So we've got a LOT to catch up with today!

Among the many points in our wide-ranging conversation...

  • Marks offers her reaction to Fox "News" losing its Motion to Dismiss in Dominion's defamation case against them; the conflicting emotions in supporting Dominion in their defamation cases, given that likely nobody in the nation has been tougher on Dominion's terrible voting systems than she has been; and why it is that, as unrelenting as she's been against Dominion for so many years (The Coalition's lawsuit seeks to ban their touchscreen systems across the entire state), the company has never sued her or her organization for defamation.
  • Speaking of the Coalition's case against GA's use of the Dominion touchscreens (which is separate from their SB202 challenge), Marks updates us on a report created for the court by plaintiff's expert Dr. Alex Halderman, finding vulnerabilities in Dominion's voting systems that are so disturbing the federal judge has sealed his report as for "Attorneys Eyes Only," meaning that even Marks has not been allowed to see it But, she notes, Dominion now has access to that report. If so, as we discuss, that means that, under California law (where several counties also use these same terrible systems), the company must now share the vulnerabilities in that sealed report with California's Sec. of State. In turn, CA must then report the vulnerabilities to the U.S. Election Assistance Commission. (The report by Halderman and the vulnerabilities he allegedly found became an issue here in the Golden State earlier this year, just prior to the California Gubernatorial Recall election in September, after Dominon's central Election Management System software was apparently stolen and duplicated under the auspices of a rightwing Mesa County, Colorado election official and released to the Internet during Mike Lindell's failed "Cybersecurity Symposium" in South Dakota.) It is unknown if Dominion has yet to share Halderman's report with the CA Sec. of State, as per state law. Marks notes that Halderman has said the vulnerabilities are "even more serious" than those found in the older Diebold touchscreens GA used to use, before they were banned by this same lawsuit and replaced with the vulnerable Dominion systems. "Dominion has to inform the California Sec. of State within 30 days of getting reports of defects, failures, etc.," she explains, "So yes, it should be happening soon."
  • Marks details why "it was a big victory" that Judge Boulee allowed all of the SB202 cases to proceed, including the one filed by the Coalition. She details how her group's challenge to SBS202 is very different from the other seven that the judge allowed to proceed as well, while he suggested that some of the overlapping cases may be combined in the days ahead. She notes that, despite being a Trump appointee, he appears to be doing a very thorough job of overseeing all of the cases, including points made by both plaintiffs and defendants alike.
  • She clarifies how even if SB202 is struck down in full, state law in Georgia would still allow much of the recent purging of Black Democratic elections officials from county boards of elections, as we discussed with one of those purged, longtime county election officials and voting rights leaders Helen Butler of The People's Agenda on the show earlier in the week. "Unfortunately, you and Helen are right about that," Marks confirms.
  • We discuss --- and have a minor difference of opinion --- regarding a recently dismissed lawsuit in Georgia that challenged the state's 2020 election results. That case, filed by a group named VoterGA, alleged thousands of fraudulent ballots were included in the 2020 results. It was dismissed in recent weeks for reasons of standing that both Marks and I find questionable. Our small disagreement is related to my argument that the case should have been allowed to proceed because, even if VoterGA's complaint was based on false claims of fraud, those who question election results (even those conned by a lying, disgraced former President) ought to be able to examine election results and ballots for themselves, as long as they pay the costs for the exercise and ballots are taken out of the secure custody of elections officials. (That, in contrast to the what we saw earlier this year in the Cyber Ninjas' clown show "audit" in Maricopa County, Arizona.) Marks, a longtime, huge advocate for transparency and public oversight of elections supports that idea, but notes that VoterGA failed to seek such oversight during the period when they could have done so under state law. Further, she explains, the group failed to join earlier efforts to the election to change state law in order to declare paper ballots and digital ballot images to be official public records, fully reviewable by citizens and groups like VoterGA and the Coalition for Good Governance.
  • Finally, Marks also offers her reaction to the recently discovered news that Trump attorney and longtime GOP "voter fraud" fraudster Cleta Mitchell, had been quietly named to an Advisory Board for the U.S. Election Assistance Commission (EAC) earlier this year. Her appointment in April was not publicly reported until November. Mitchell participated from the White House on Trump's infamous January 2nd phone call with GA Sec. of State Brad Raffensperger when the desperate, outgoing President attempted to bully Raffensperger, urging him to "find" enough votes to steal the election for him in the Peach State. The EAC, meanwhile, which Mitchell is now advising, is responsible for certifying voting systems used in the U.S. and helps states and counties on regulations and best practices for federal elections.

There is a lot of important information about elections and election integrity in today's conversation with Marks. Though we better not wait another six months to do it again or we'll have to have a three hour show!...

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Trump lawyers sanctioned, will face disbarment probes; Capitol officers sue Trump; Terror suspect sentenced in MI Guv kidnap plot; House files massive 1/6 records requests; TX AG Paxton clears TX AG Paxton; More...
By Brad Friedman on 8/26/2021 6:57pm PT  

Donald Trump tried to steal the 2020 election. We really must stop describing his efforts and those by his supporters as "questioning the results" or "claiming fraud" or "trying to overturn the election." The fact is, Trump tried to steal it. He used every means at his disposal to try and do so. Thankfully, he is largely a failure at pretty much everything, so it didn't work, though we now know it came exceedingly close. So, let's start calling it for what it is: An unprecedented attempted by a President of the United States to try and steal a Presidential election. To that end, accountability is now happening. Slowly but quite assuredly, along with a number of other related accountability stories on today's BradCast. [Audio link to full show is posted below this summary.]

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

  • Some of the breaking news on today's terror attack at the Kabul airport in Afghanistan, which killed at least 13 U.S. service members and 60 Afghans and seriously injured many more. ISIS-K, an off-shoot of the Islamic State and an enemy of the Taliban, has claimed responsibility for the attack by two suicide bombers. If anything, Thursday's tragedy amidst the largest airlift in U.S. history --- following the swift takeover of the country by the Taliban --- simply serves to underscore even further why the U.S. pullout must continue, and why we certainly shouldn't have been there for 20 years (if at all);
  • In much less horrific news, the U.S. Election Assistance Commission (EAC) released its 2020 post-election survey [PDF] of various voting and election-related data from all 50 states last year. While The Guardian's Sam Levine characterizes the report as proving the election was "a remarkable success", we explain why that may be a bit of an overstatement. That said, the data does reveal yet again that, while there were far too many rejections of absentee and mail-in ballots (as is always the case, but especially amid pandemic voting last year), there is still no evidence at all to even suggest that the Presidential election was stolen in any way, shape or form by Joe Biden, the Democrats or anyone else. Not that Donald Trump didn't try (and fail) to do exactly that, of course;
  • In much brighter related news, a federal judge in Michigan on Wednesday brought some serious accountability down on nine of the Trump attorneys, including Sidney Powell and Lin Wood, who both helped Trump try to steal the 2020 election by filing fraudulent lawsuits, in this case in Michigan, fraudulently claiming that the election was stolen, using fraudulent claims about fraud. All nine lawyers were excoriated by U.S. District Court Judge Linda V. Parker's scathing 110-page order [PDF], which should (hopefully) end each of the attorneys' careers as officers of the court. Parker mandated the Trump lawyers pay attorneys fees accrued by the city of Detroit and state of Michigan in defending against the "frivolous" so-called "Kraken" lawsuit; take 12 hours of legal classes each (including 6 on Election Law); and, most importantly, face investigations for possible suspension and/or disbarment by legal authorities in each of their home states;
  • More accountability for Trump's attempt to steal the 2020 election, specifically for the January 6th attack on the U.S. Capitol that he incited as part of that effort. Seven Capitol Police officers on Thursday filed a lawsuit [PDF] against Trump, several far-right extremist groups charged with aiding the deadly plot, and even against Trump associates like Roger Stone. It is, as the New York Times describes it, "the most expansive civil effort to date seeking to hold Mr. Trump and his allies legally accountable." Trump is already facing two other similar lawsuits filed by the NAACP and by Rep. Eric Swalwell. But, no doubt, the disgraced former President and his supporters will see this new complaint differently, because it is filed by police officers and, as you know, Republicans always "back the blue", right?;
  • That lawsuit follows just one day after the bi-partisan U.S. House Select Committee on the January 6th attack issued a massive series of records requests to at least 8 different federal agencies for documents related to Trump's movements, actions and meetings on January 6th, and in the weeks and months both before and after. The requests were sent to, among others, the FBI, Dept. of Homeland Security and National Archives, where Presidential White House records are stored. Trump is apparently livid about the effort, describing it as a "partisan exercise" being carried out by a "Leftist" House Committee. (That may come as a surprise to "Leftist" Committee members Liz Cheney and Adam Kinzinger);
  • In still more accountability news today, tangentially related to Trump's attempt to steal last year's election in Michigan: The sentence for the first domestic terrorist, among some 13 charged in the plot to kidnap Democratic Gov. Gretchen Whitmer last year, was handed down on Wednesday. A 25-year old man who, according to Justice Department prosecutors, cooperated with the investigation after initially pleading not guilty, changed his plea and was sentenced to more than 6 years in prison on charges of providing material support for terrorist acts and felony firearms charges. The failed conspiracy, according to the FBI and Whitmer, sprang from Trump's attempt to vilify the Governor for her science-based handling of the COVID pandemic, in a year in which Trump was willing to say and do anything to win the important battleground state. (He lost it by 150,000 votes instead);
  • In accountability news only spiritually related to Trump, a federal appeals court declined to overturn the sentence of the man who killed nine Black parishioners at the Emanuel Methodist Episcopal Church in Charleston, South Carolina in 2015. The now-27-year old avowed white supremacist is the first person charged with a death sentence for committing a federal hate crime. While accountability is great, a life sentence would have been sufficient. Killing people is bad, as some of us learned even before Kindergarten. Apparently, the U.S. Government has yet to do so;
  • Only politically related to Trump, the Republican state Attorney General in South Dakota, Jason Ravnsborg, who fatally struck a pedestrian last year and left him to die, decided to take a plea deal rather than begin his trial today. Nonetheless, as of airtime, despite the hit and run fatality, Ravnsborg was still in office as the state's top law enforcement official;
  • And, in related corrupt Republican state Attorney General news, definitely politically related to Trump, Texas Attorney General Ken Paxton is also still in office. That, despite being charged with multiple felonies for securities fraud some time ago (and, so far, evading trial on those years-old, but still-pending indictments); facing potential disbarment by the State Bar of Texas for his attempt to help Trump steal the election with a bogus, fraudulent, rejected lawsuit filed with the U.S. Supreme Court to try and overturn results in four non-Texas states; and under investigation by the FBI after 7 top staffers in his office quit and filed a legal complaint detailing how AG Paxton was involved in a serious bribery and abuse of power scheme involving protection for one of his top donors and a scheme that involved having the man give a job to his mistress. Well, on that federal investigation, AG Paxton had some good news this week! In an unsigned 374-page report [PDF] published by AG Paxton's office on AG Paxton's letterhead, AG Paxton's own internal investigation found that "AG Paxton’s actions were lawful" and that "AG Paxton committed no crime". Phew! That was close! I'm sure the FBI is calling off their probe, even as we speak.
  • Finally, as a late brewing potential major hurricane (Ida) spins toward the Gulf Coast for possible landfall over the weekend, Desi Doyen joins us today for our latest Green News Report, with a suspiciously inordinate amount of encouraging news. But don't worry, there are a few items of the usual catastrophic nature GNR is known for as well. We'd hate to leave anyone disappointed...

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Winning the Right to Vote; DeJoy to DeCongress; Repub Led Senate Report on Team Trump Lies About 2016 Russia Interference; Former DHS Official Calls Trump 'Terrifying', Lawless; Highlights from DNC Day 1...
By Brad Friedman on 8/18/2020 6:25pm PT  

Yes, on today's BradCast, it is what it is. But we're here to cover it. And so we do. In the most information-packed broadcast you're likely to find anywhere. At least for the price. [Audio link to today's show follows below.]

Among the MANY stories covered today...

  • It's been 100 years since women won the right to vote, as the 19th Amendment was ratified on August 18th, 1920. They were not granted the right. They fought like hell for generations and won it for themselves. Sadly, thanks to Donald Trump and his fellow Republicans, too many are still fighting like hell to keep it;
  • Over the weekend, House Speaker Nancy Pelosi summoned lawmakers back to D.C. to pass a law this Saturday to roll back efforts by Donald Trump's donor and newly appointed Postmaster General, Louis DeJoy, to slow down mail delivery in advance of the November election. On Monday, he and U.S. Postal Service Board of Governors Chair --- and former RNC Chair --- Robert Duncan, agreed to testify before the House Oversight Committee next week. Today, DeJoy also agreed to testify before the Senate Homeland Security and Governmental Affairs Committee on Friday and, clearly under pressure and facing lawsuits by 20 different state Attorneys General, DeJoy agreed to pause his new directives at the USPS...if you believe him;
  • The Republican-led U.S. Senate Intelligence Committee released a damning, nearly 1000-page report today on Russian interference in the 2016 election, and the Trump Campaign's cooperation with the effort. The bipartisan report, described as more expansive than the one by Special Counsel Robert Mueller, highlights, among many other things: Trump's criminal lies to Mueller about conversations he "did, in fact" have with convicted felon Roger Stone (and multiple other campaign staffers) concerning the publication of stolen emails by WikiLeaks before the 2016 election; convicted Trump Campaign Manager Paul Manafort's collusion with a Russian intelligence agent described as a "grave counterintelligence threat"; the Russian "influence operation" after the election to claim that it was Ukraine, not Russia, which interfered in 2016 on behalf of Hillary Clinton, not Trump --- a claim for which the Senate Committee found "no reliable evidence" despite more than 200 interviews over three years of fact-finding, including with Trump family members and top campaign officials;
  • Just hours before the Democratic National Committee's Convention was to convene on Monday night, the group Republican Voters Against Trump released a damning video featuring Miles Taylor, the former Chief of Staff at Trump's Dept. of Homeland Security, who describes Trump's incompetence as "terrifying", detailing frequently "illegal" orders from the President who, he says, often attempted to exploit the DHS for his own political purposes and personal benefit. Taylor said today we should expect more insiders coming forward with similarly disturbing revelations in coming days;
  • Then, we move to the first night of the virtual 2020 Democratic National Convention with a few thoughts about the format (a "convention" without the actual convening part) and the high-profile Republicans --- including Ohio's former Governor and Republican Presidential Candidate John Kasich --- who spoke in support of Joe Biden on the Dems' opening night. We also share the segment featuring Kristin Urquiza, whose Trump-supporting father believed the coronavirus to be a hoax, until we was killed by it. We then play extended excerpts from former Democratic Presidential candidate Sen. Bernie Sanders' full-throated endorsement of Biden, making the progressive case for his Presidency, and finally an extended portion of the killer keynote remarks by former First Lady Michelle Obama, detailing Trump's irreparable failures as President and why the nation needs to replace him with Biden. Both Sanders and Obama made excellent arguments for why neither progressives nor Democrats nor the country nor the planet could endure four more years under the most inept, corrupt, dishonest, failed President in the history of the nation;
  • Finally, Desi Doyen joins us for our latest, incredibly jam-packed Green News Report, as extreme weather broils the U.S., Greenland's ice sheet faces its final days, and the Trump Administration opens up the previously pristine Arctic National Wildlife Refuge to commercial oil drilling...even though Donald Trump apparently does not even know what it is.

But, of course, it is what it is...

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Guest: Constitutional attorney Ben Clements of Free Speech for People; Also: New COVID records; Woolery deletes his Twitter account; RBG battling cancer again; Bowman declared 'winner' in NY...
By Brad Friedman on 7/17/2020 7:11pm PT  

It ain't over 'til it's over. And several well-respected Constitutional attorneys have just filed a motion arguing the Roger Stone case is not over at all. Not yet anyway. One of those attorneys joins us on today's BradCast to explain. [Audio link to show is posted below.]

But first, some other news of note today. It's becoming a broken record, but the U.S. broke yet another record for new, daily COVID-19 cases on Thursday. It's the 11th such record smashed in the first 16 days of July. With more than 75,600 confirmed new cases reported on Thursday alone, the U.S. is now quickly rushing toward the 100,000 cases per day that Dr. Anthony Fauci shocked the nation a week or so ago by predicting was likely coming soon.

Of course, why should anybody believe the nation's top infectious disease expert Fauci on these things? Former game show host turned rightwing genius Chuck Woolery certainly doesn't! Or didn't. Maybe he does now. Woolery unleashed an unhinged Twitter rant on Sunday calling news about COVID-19 "outrageous lies", and warning us that "The CDC, Media, Democrats, our Doctors" are "lying" about it all. The President of the United State retweet that screed to much notice on the same day. The very next day, however, on Monday, Woolery tweeted again. This time "To further clarify and add perspective." What was his added perspective? His son had been diagnosed with COVID-19. That led the former "Love Connection" host to concede that the virus "is real and it is here." He deleted his entire Twitter account soon thereafter.

Yes. It's real and here, no matter how much Trump and his duped followers hope to pretend it away. And Woolery is just the latest wingnut to be hoisted on his own idiotic social media rantings suggesting the coronavirus is little more than hoax by the media and by Democrats to help them win the upcoming election and/or to allow Fauci and Bill Gates to control the world. Or something. Unlike so many other wingnuts, sadly, who've offered similarly dangerous public rants over the past several months, Woolery wasn't actually killed by the virus before his embarrassing social media spew revealed him to be an idiot. We send our best wishes for a healthy future to both him and his son.

Similarly, we send such wishes to U.S. Supreme Court Justice Ruth Bader Ginsberg who, after apparently overcoming an infection that hospitalized her overnight this week, announced that she, separately, has been undergoing twice-weekly chemotherapy since being diagnosed with a recurrence of cancer on her liver in May. She has, so far over the past decade, survived pancreatic, colon and lung cancer. She says her current cancer is "at bay" and that she is "able to maintain an active daily routine." In her statement today, she vowed to continue her work at the Court until she can no longer "do the job full steam," adding "I remain fully able to do that." In fact, according to NBC News, other than Chief Justice John Roberts and Justice Brett Kavanaugh, Ginsburg authored more opinions over the past term than any of the other Justices, even as she was undergoing treatment for cancer. Meanwhile, the nation will remain on pins and needles until a new President is sworn in.

Ginsburg's still-sharp mind may soon be needed on a number of landmark matters that could come before the Republican's stolen SCOTUS, as the Trump Presidency (hopefully) nears its ugly end over the next several months, even as he becomes more desperate, manic, narcissistic and reckless with each passing day. One such matter that could come before the Court is a ruling on the Constitutionality of Trump's grant of Executive Clemency to his long time pal, former Trump campaign official, and decades-long GOP dirty trickster Roger Stone.

On Wednesday this week, to little public notice, the non-partisan good government group Free Speech for People (FSFP) filed a motion [PDF] with U.S. District Court Judge Amy Berman Jackson, who oversaw the Stone case and his eventual sentencing to 40 months in prison. Stone was found guilty by a jury of 7 counts of lying to Congress and federal investigators in their probe of Russian interference in the 2016 election, and of witness tampering (threatening to kill the witness and his dog) in his case. Jackson, in her closing remarks after sentencing Stone, said he "was prosecuted for covering up for the President."

That same President then granted Clemency to Stone by commuting his 3-year sentence to zero days late last Friday night, before Stone could even reported to prison as scheduled this past Tuesday. But a number of well-respected Constitutional legal scholars are now arguing that Trump's action on Stone's behalf was unconstitutional and should be overturned by Judge Jackson.

"This case isn't over," declared Ron Fein, Legal Director of FSFP in a statement announcing the motion filed with Jackson on Wednesday. "The Supreme Court has acknowledged that the pardon power is not unlimited, and the Constitution requires the President to exercise that power loyally and carefully in the public interest rather than in his own self-interest."

Joining us on the show today is BEN CLEMENTS, a former federal prosecutor, former Chief Counsel to MA Governor Deval Patrick and now Board Chair and Senior Legal Advisor for FSFP. Clements, with more than thirty years of expertise as a constitutional attorney in both the public and private sectors is co-counsel on the motion filed by this week with Judge Jackson.

"In the very clause establishing the Presidency itself, Article II of the Constitution, the framers included language making clear that the presidency is, in effect, a public trust. Its powers must be exercised for the benefit of the public, and not the personal benefit of the President," Clements tells me today. "They specifically provided that the President is required to take care that the laws be faithfully exercised and executed, and they required the President to take an oath to faithfully execute the office of President."

Clements goes on to explain that the Presidential pardon power, while "considerable" is "not absolute," and that the Supreme Court has recognized those powers "are subject to the textual constraints in the Constitution itself." In other words, as he details today, it can't be used in a criminal manner or with a corrupt purpose. He offers the example that it would be unlawful and unconstitutional for a convicted felon to pay bribe money to the President in exchange for a pardon.

"Granting a pardon or a commutation for a completely unlawful and illicit purpose is antithetical to [the President's] obligation to ensure that the laws are faithfully executed," Clements argues, adding, "There's ample public evidence that this was part of an illicit bribe. Stone agreed to protect the President by refusing to tell the truth, even lying to investigators investigating the role of Trump and his campaign in Russia's unlawful interference in the 2016 election. And Trump agreed, in exchange, to protect Stone from the legal consequences of his illegal conduct."

"At a minimum, the public evidence --- including statements from Trump himself throughout these last several years, and from the White House in describing the reasons for this commutation --- that evidence demonstrates that Trump's purpose in commuting [Stone's] sentence is to reward him for covering up for Trump, and to continue to protect Trump," according to Clement. "So, this is not 'faithful execution' of the laws as required by Article II. This is obstruction of the law, it's obstruction of justice, and it's obstruction of lawful investigations all for corrupt and self-interested purposes."

He says it is up to the court --- right now, Judge Jackson --- to consider the arguments presented and "if the judge agrees that the evidence is persuasive, to declare [the Commutation] constitutionally invalid and to order Roger Stone back to prison."

It's a fascinating twist --- or, at least, a potential one --- in the case. Clements goes on to offer his insight on how all of this may play out in the days ahead...including what may happen once, and if, the case reaches the High Court. You'll want to tune in for today's conversation for much more on this important filing, that has otherwise flown largely under the radar this week with everything else that is going on.

Finally, we end with some bonafide good news --- at least for progressives --- as 44-year old progressive African-American and first time political candidate, Jamaal Bowman, is declared the winner by AP over 16-term establishment U.S. Rep. Eliot Engel in New York's June 23rd Democratic primary. Bowman's reported victory in the 16th Congressional District mirrors Alexandria Ocasio-Cortez' win over 10-term Democratic Congressman Joe Crowley in 2018. And, as with AOC's District next door, Bowman's is heavily Democratic as well, meaning the winner of this year's primary is, as AP reports, "virtually assured of victory in the general election in November."

So there's a bit more good news to take home with you this weekend, as we all limp together towards the hoped-for coming end of the Trump nightmare and all that has come with it...

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Record surges in FL, TX, elsewhere; CA Guv re-closes bars, restaurants, churches, gyms, salons; Callers ring in on Trump's 'genocide'...
By Brad Friedman on 7/13/2020 6:14pm PT  

We raise a whole bunch of topics and news from the weekend for conversation with listeners on The BradCast today, but most wanted to only to discuss the Trump Administration's twisted demand that schools reopen next month for in-person classes, even as COVID-19 cases are now exploding around the country. [Audio link to show is posted below.]

Florida, on Sunday, reported a record 15,300 cases. That's a larger single day record than any state in the nation. It is more than either California at its recent peak or New York at its peak back in April. The news of Florida's quickly worsening crisis comes just days after the state announced that all schools in Florida must reopen for in-person classes for all, five days a week, despite concerns expressed by local school officials.

As Florida shattered the national record, many states, most controlled by Republican Governors, continue to hit new seven-day rolling average records of new cases (even as testing plateaus or even decreases in some states), California, with its Democratic Governor is spiking as well. Governor Gavin Newsom in the Golden State on Monday declared that bars, indoor dining at restaurants, hair and nail salons, churches and gyms would all be shut down again in counties that are the hardest hit. Los Angeles and San Diego County both announced that the school year will reopen with remote learning instead of in-person classes, to the great relief of teachers who are, overwhelmingly, against reopening school campuses.

Donald Trump's Secretary of Education, meanwhile, appeared (poorly) on the Sunday news shows, to insist that schools must reopen, or face lost federal funding, while admitting she has absolutely no federal plan for what do when coronavirus spikes occur. That, she said, should be left to local officials --- the same local officials that she and Trump are hoping to force to reopen schools next month, even as a new Kaiser Family Foundation analysis finds nearly 1.5 million teachers (one in four) are older than 65 or have health conditions that place them at higher risk of serious illness should they contract COVID-19.

At the same time, oddly enough, Admiral Brett Giroir, the federal government's coronavirus testing coordinator, warned on ABC News' This Week on Sunday that the U.S. shouldn't even be thinking about how to get kids back into the classroom until we get the virus under control. "When we get the virus more under control," he said, "then we can really think about how we put children back in the classroom." We suspect the Admiral may not be in his position very much longer. People who tend to tell the truth are not particularly welcome in the Trump Administration.

Getting the virus under control, of course, as Democratic House Speaker Nancy Pelosi pointed out over the weekend, is made all the more difficult, if not impossible, because the federal government is still failing --- more than four months into this crisis --- to ensure adequate testing kits or personal protective equipment (PPE) as cases spike, hospitalizations surge and the death rates began to climb in every region of the country over the past two weeks.

Trump's plan to pretend that everything is somehow normal in time for the November 3rd Presidential Election is beginning to look a whole lot like genocide or at least mass murder, as a whole bunch of callers today seem to agree. (I wanted to hear from those who disagreed with me. None of them were willing to call in for some reason, even though they frequently email me after the show. Cowards.)

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The OTHER Department whistleblower's astonishing testimony of gross misconduct by Trump's corrupt U.S. Attorney General
UPDATE 7/2/20: Barr Impeachment Inquiry Resolution introduced...
By Ernest A. Canning on 6/29/2020 11:05am PT  

Last Wednesday, the mainstream media paid scant attention to the damning testimony provided to the House Judiciary Committee by John W. Elias, a career attorney at the Department of Justice (DOJ). Elias revealed astonishing details on the corrupt manner in which Attorney General William Barr and the "political leadership" of the DOJ's Antitrust Division abused our antitrust laws; corruptly ordering career staff to open unwarranted but burdensome, politically-motivated antitrust investigations.

It's not that Elias' testimony was unimportant. His words were simply drowned out by the testimony provided by other witnesses about other Barr/DOJ misconduct, and by a separate, but related event. The combined effect of the other testimony provided to the the Judiciary panel and the separate news event was nothing short of jaw-dropping.

Still, Elias' previously unthinkable allegations were, in fact, no less so...

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Guest: Howie Klein of 'Down With Tyranny' on Tuesday results; Also: DoJ corruption spreads to Judiciary in Flynn case; DoJ whistleblowers in Congress; All eyes on 'last firewall' of November election...
By Brad Friedman on 6/24/2020 6:36pm PT  

Given the disturbing news out of a D.C. Appeals Court today in the Michael Flynn case, we begin today's BradCast with a few words of warning about what is likely to come between now and November 3rd (and even beyond), and how we all must now collectively approach that day in order to save this Republic. This is not a test. This is the real thing. And, as our darkest hour gets darker still --- and it will --- we must stay focused on the only thing that offers hope right now, the only thing that matters: making very real changes at the White House and Congress this November.

After that serious-as-a-heart-attack public service announcement/warning, we break down just why the surprise ruling by two Republican appointees to the U.S. Court of Appeals in D.C. today --- in response to an unprecedented motion by Donald Trump's former National Security Advisor and confessed federal felon Michael Flynn --- is so damning, dangerous and unprecedented.

The three-judge panel's majority ruling [PDF], ordering Flynn's case to be dismissed --- as Trump demanded and as corrupt Attorney General Bill Barr facilitated in opposition to the career prosecutors who successfully obtained Flynn's guilty plea (twice, before two different judges) --- was written by Judge Neomi Rao, a former White House staffer who Trump recently appointed as a federal appeals court judge. The entire matter is about as corrupt as it can get, but it may not be over yet. The full D.C. Circuit Court of Appeals may decide to rehear Flynn's unprecedented motion, given "the question of exceptional importance" raised by the matter, as allowed by law. The lower U.S. District Court was not even allowed to hold a hearing on the Dept. of Justice's Motion to Dismiss their own case before Flynn filed for a writ of mandamus to force U.S. District Court Judge Emmett Sullivan to approve the DoJ's motion before it was even heard.

As Judge Robert Wilkins, the lone Democratic-appointed judge on the three-judge appellate panel wrote in his dissent, his colleagues "grievously" overstepped their judicial powers with their order. If the surprising ruling holds, it will, as BRAD BLOG legal analyst Ernie Canning wrote last week, mean that the court has become "complicit in the President's corruption of the rule of law," which is "tantamount to an abandonment of the Judiciary's constitutional function to act as a check against Executive Branch abuses of power."

At the same time as that stunning order was issued by the D.C. Court of Appeals panel, two DoJ whistleblowers were testifying about similar cases of corruption at the Department by senior political appointees working at the behest of Barr and Trump in the case of Roger Stone, another Trump crony found guilty of lying to federal officials (just as Flynn had admitted he did as well) in relation to the Robert Mueller Special Counsel probe into Russian inference in the 2016 election. We share some of today's disturbing testimony by Aaron Zelinsky, one of the career prosecutors who refused to sign off on the DoJ's attempt to reduce the sentencing recommendation for Stone, Trump's pal and longtime dirty-tricksters (found guilty here on all seven counts), despite what he described as "heavy pressure from the highest levels of the Department of Justice," including senior political appointees who, he alleged, were "afraid of the President."

"It’s very important that we recognize what’s happening now," warned Donald Ayer, another witness at today's hearing and a former Deputy Attorney General under George W. Bush. "What’s happening now is much worse than what happened in Watergate --- much worse. It’s across-the-board. It’s a systematic effort to undo the checks that were put in place in Watergate and others that existed in the Constitution. And we need to do something about it."

The corruption of the Flynn and Stone prosecutions are now so far off the rails from what the U.S. Department of Justice is supposed to stand for that it is difficult to fully express how much dark trouble this now portends for our nation. Thus, we have one hope left --- our last firewall against full-blown authoritarianism in this country --- this year's critical general elections. To that end, there were primaries held on Tuesday in Kentucky, New York and Virginia along with a few other key races elsewhere. We're joined today by longtime progressive political blogger and Congressional campaign expert HOWIE KLEIN of Down With Tyranny to discuss a number of election results from Tuesday in New York and Kentucky which appear to suggest some very good news for progressives. We say "appear" because several of those elections are currently reported to be very close and, due to the coronavirus (which had its single biggest day of new infections in the U.S. on Wednesday), it will take some time for officials to tally the unprecedented number of absentee mail-in ballots cast. We run through several of the key races with Klein (he details many more here today) why they matter, and how a number of them they are likely to scare the hell out of the establishment on both the Left and Right.

"There were wins and losses," Klein tells me. "It wasn't like the progressives wiped out the [Democratic] conservatives. But thank goodness it didn't go the other way. So yes, it was a good night for progressive Democrats."

Also worth a quick mention today: The 24-year old Republican dude named Madison Cawthorn, who defeated the Trump-endorsed candidate in the GOP runoff to become the nominee to fill former Congressman turned White House Chief of Staff Mark Meadows' seat in North Carolina. And ALL of the electronic pollbooks in Virginia Beach, Virginia's 100 precincts failed on Tuesday...

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Special coverage with guests David Bender and Jodi Jacobson...
By Brad Friedman on 2/20/2020 5:43pm PT  

Washington Post called it a "fiery...two-hour free-for-all that sizzled with animosity." New York Times reported "candidates turned on one another in scorching and personal terms". Associated Press declared it a "debate night brawl" that "threatened to further muddy the party's urgent quest to defeat Presidential Donald Trump".

On today's BradCast [audio link posted below], we dive in to those murky and troubled waters to make sense --- where there is room to make it --- of the raucous Democratic Debate in Las Vegas on Wednesday night in advance of Saturday's Nevada Caucuses, next Saturday's South Carolina Primary and March 3rd's Super Tuesday Primaries in more than a dozen states just three days later.

The melee at the Paris Hotel and Casino featured VT Sen. Bernie Sanders, former Veep Joe Biden, MA Sen. Elizabeth Warren, MN Sen. Amy Klobuchar, former South Bend, IN Mayor Pete Buttigieg and, in his first-ever appearance in a 2020 Presidential debate (despite not even being on any ballot until March 3rd), former Republican NYC Mayor turned Democratic billionaire candidate Michael Bloomberg --- who did not, I think its fair to say, receive a very warm welcome from his fellow contenders.

We're joined today for special coverage of as much of the wild evening as we can fit in, by former Editor-in-Chief of Rewire.news, JODI JACOBSON and longtime activist, reporter, author and documentarian DAVID BENDER, Political Director of the Progressive Voices Network. While slightly more collegial, suffice to say our coverage of Wednesday night's forum was no less challenging at times than the debate itself on several different levels.

Jacobson: "I'm a little shocked at everybody having vapors over this. I think it's past time. For crying out loud, we're facing existential crises of so many kinds. We're facing a true threat to our democracy, which is being dismantled daily...We've got climate crises bearing down on us...And I am not clear why people don't think we should be angry and we should be fighting hard."

Bender: "What I saw last night in this debate is a very, very happy Donald Trump...As Jodi said, we're facing an existential threat to the country, and what we've got to deal with it is a circular firing squad. I've been to every convention since 1968, and let me say, this is absolutely par for the course when Democrats get to a place when they're trying to take one another out and forget that there is something much larger."

That's just the tip of our special coverage iceberg today. Hopefully, it is at least as interesting and perhaps even more enlightening than the Dems' 9th 2020 Presidential Debate last night in Vegas. We'll let you decide. Please tune in for some fascinating insight, occasionally frustrating confrontation, and a whole lot of well-informed opinion...

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Prez issues crony pardons; Calls for Barr resignation grow, DoJ crisis worsens; Bloomberg, Sanders rising; NV Caucus meltdown worries...
By Brad Friedman on 2/18/2020 6:34pm PT  

We've got a lot to catch up on on today's BradCast after a long holiday weekend, as the crisis of rot and corruption inside the once-revered U.S. Dept. of Justice continues to metastasize under Donald Trump and Attorney General Bill Barr; as billionaire Michael Bloomberg buys his way into shaking up the 2020 Democratic Presidential race; as the Nevada Caucuses may be heading toward another embarrassing meltdown this weekend; and as our ongoing, literal planetary meltdown continues. [Audio link to full show is posted below.]

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

  • Amid an already deepening crisis at the Justice Dept., Trump went on a "clemency spree" on Tuesday, issuing pardons to a long list of crooks, cronies and n'er do wells --- many of them personal friends of the Prez, natch --- from former Illinois Gov. Rod Blagojevich (who attempted to sell a U.S. Senate seat), to Rudy Giuliani pal and former NYPD Commission Bernie Kerik (who lied to the Dept. of Homeland Security), to the former owner of the San Francisco 49ers (who bribed a Louisiana Governor for a riverboat casino gambling license.) Those are just some of the liars, tax frauds and scam artists like Trump who received get-out-of-jail free cards today, in hopes, we surmise, that someone may do the same for Trump some day, once the law finally catches up with him. And it will;
  • With the American system of justice now in full and active breach at the DoJ under Barr's corrupt leadership, the calls for his resignation have grown impossible to ignore in the wake of his unprecedented overruling of career line prosecutors' recommendations for criminal sentencing of longtime Trump confidante Roger Stone and former National Security Advisor Michael Flynn (among other wildly corrupt actions he's taken of late and since taking office last year.)

    Former Deputy Attorney General Donald Ayer, appointed by George H.W. Bush, describes "Bill Barr's America" as "a banana republic where all are subject to the whims of a dictatorial president and his henchmen," in a new Atlantic op-ed while calling for a "public uprising demanding that Bill Barr resign immediately, or failing that, be impeached."

    More than 2,000(!) former DoJ officials, both Democratic and Republican, have now signed on to a Sunday public letter declaring Trump and Barr "have openly and repeatedly flouted" the concept of equal justice in the U.S., and demanding Barr step down, citing "damage" that Barr's actions "have done to the Department of Justice's reputation for integrity and the rule of law."

    And, in the wake of all of this --- and the President's continuing Twitter attacks on the U.S. District Court Judge overseeing Roger Stone's case and upcoming sentencing --- the Federal Judges Association, a group of more than 1,000 jurists, has now called an "emergency meeting" for Wednesday to discuss related issues that, according to its President, George W. Bush-appointed U.S. District Judge Cynthia Rufe, "could not wait" until the group's spring conference scheduled for April;

  • Meanwhile, the Democratic and democratic efforts to replace Trump in November's election continue apace, as Nevada Democrats address security concerns about their upcoming Saturday caucuses by switching to electronic voters! (Okay, that one's from The Onion, but still, it shouldn't be long);
  • The Dominican Republic sets an example that Americans might want to pay attention to, by suspending their weekend election just a few hours after polls opened due to failed electronic voting systems. (Who could have seen that coming?);
  • Billionaire Michael Bloomberg turned Presidential candidate turned self-declared reformed racist and misogynist, buys his way onto Wednesday's Democratic Presidential Debate stage in Las Vegas, even though he will not be on the ballot at Saturday's caucus there. Bloomberg, it was announced on Tuesday, will appear at the forum, after qualifying in several national polls, including a second place finish in a new NPR/PBS/Marist national poll and a virtual tie for second with Joe Biden in a new NBC News/WSJ survey. In both of those national polls, Biden has plummeted and current front-runner Bernie Sanders has taken double-digit leads over his nearest competitor;
  • But, according to news reports from Washington Post, Politico and others over the weekend, the Nevada Caucuses could be a "complete disaster" mirroring Iowa's just two weeks ago. Under-trained caucus leaders, a lack of communication between the state party and the candidates' campaigns about the complicated process, and the use of an iPad "Caucus Calculator" could lead to a meltdown, many fear. If the hours-long lines at last weekend's Early Voting sites are any indication, state Dems may, once again, be in way over the heads. But we'll see;
  • In slightly brighter primary news, late last week California Governor Gavin Newsom signed a last-minute bill into law that will allow Golden State voters to change party registration up to and on Election Day itself. That seemingly very smart move may help the state avoid some, if not all, of the expected confusion and potential meltdowns at their own March 3rd Super Tuesday primary in the state with the most Democratic delegates at stake (415 of them) in this year's nominating contest;
  • Finally, Desi Doyen joins us for our latest Green News Report, as Antarctica breaks another stunning heat record, Mississippi gets swamped, Trump's EPA allows the return of toxic mercury even though the Obama-era regulation was a tremendous success and the utility industry doesn't even want him to, and some very big news from CNBC's Wall Street guru Jim Cramer declaring fossil fuels "over!"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Vengeful Trump now attacking jury foreperson in Stone case, as his lawless, vindictive 'descent into Constitutional madness' continues; Also: How to find ourselves out of this darkness...
By Brad Friedman on 2/13/2020 6:32pm PT  

Although I didn't reference Adam Schiff's remarks from just two weeks ago during the impeachment trial on the "the normalization of lawlessness," about which he presciently warned "that way madness lies". But, upon reflecting on today's BradCast, it seemed an appropriate headline. It was only one week ago that corrupt and cowardly Senate Republicans had the chance to remove Trump from office, but acquitted him instead with the message to continue breaking the law and shredding the Constitution.It was just one week before that when Schiff warned: "What we have seen over the last couple days is a descent into Constitutional madness." This week has made that madness seem like child's play. [Audio link to show follows below.]

These are dark times. Growing darker by the day. But we can't turn away, as much as we might like to right now. Now is the time to step forward and help ourselves --- help each other --- back into the light. It won't be easy. But we must. And we do what we can, once again, towards that end on today's program. Among the stories covered today...

  • An vengeful, bitter, out-of-control Trump turns his ongoing Twitter attacks from federal Justice Department prosecutors working on the case against his friend and convicted felon Roger Stone onto the foreperson of the jury that convicted him;
  • A witness in the trial who was threatened by Stone (who was convicted of witness tampering and lying to Congress, among his seven counts), has pleaded for no jail time for the longtime GOP dirty-trickster, but has also now stepped forward to call out Trump's attacks on the four prosecutors who quit the case in protest as a "vile smear job" by the President;
  • Trump's former Chief-of-Staff, Marine Corps General John Kelly, calls out Trump for his wrathful firing of decorated Iraq War vet Lt. Col. Alexander Vindman from his post on the National Security Counsel because Vindman dared answer a lawful subpoena to testify truthfully to Congress about Trump's unlawful bribery campaign against Ukraine. Kelly argues Vindman should be respected, not attacked, for refusing to follow "an illegal order" from the President. "We teach them," Kelly said, "‘Don’t follow an illegal order. And if you’re ever given one, you’ll raise it to whoever gives it to you that this is an illegal order, and then tell your boss.'" The legal defense by Nazi soldiers that they were just following orders, whether unlawful or not, failed at the Nuremburg Trials. But perhaps Trump disagrees with that verdict too. In response, Trump attacked Kelly, tweeting that he was "over his head" as CoS, couldn't be fired "fast enough", and that Kelly has a "military and legal obligation" to "keep his mouth shut." The Nazi's defense attorneys would be very proud of this President;
  • But how do we get out of this dark mess and reverse the madness? There is only one way left that I'm aware of, which is why I have spent so many years fighting for the right to vote and for publicly overseeable voting systems. After about 10 lonely years warning specifically about the development of the new, 100% unverifiable "VSAP" touchscreen voting system set for first-time use in Los Angeles County in the March 3rd Super Tuesday primary, I've finally received a bit of help in those warnings of late from the corporate media. Last week, it came from an investigative report by CBS-2 Los Angeles (in which I appear). This morning, it came from a new investigative report on L.A.'s dangerous new systems from Cynthia McFadden, as previewed on NBC's Today show. We share that report today, along with advice on how to overcome the dangers presented by the new, $300,000,000 boondoggle of a voting system coming to the nation's most populous jurisdiction, as well as how to do the same in other states and counties (including battlegrounds like Georgia, Philadelphia, parts of Texas and elsewhere) where voters will be forced to vote on similarly unverifiable touchscreen systems at the polls in this year's never-more-critical Presidential election;
  • Oh, and we have a few more observations on the New Hampshire primary turnout which we couldn't get to yesterday, but which are still worth taking note of today, as we all move forward to the next primaries and caucuses;
  • Finally, Desi Doyen joins us with the latest Green News Report, with some seemingly genuinely good --- and very surprising --- news from a major fossil fuel company, that almost, if not entirely, helps us forget about the much-less-good news in the rest of today's GNR and, for that matter, today's BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Former Deputy Asst. Attorney General Lisa Graves warns there is now 'a cancer on the Justice Department'...
By Brad Friedman on 2/12/2020 6:30pm PT  

On today's BradCast: Once again, Donald Trump managed to step on a big night for Democrats, with what is turning out to be an unprecedented "break-the-glass-in-case-of-fire" crisis at the U.S. Department of Justice. [Audio link to show is posted below.]

The unspeakably important fight to replace the most dangerous, unfit, authoritarian President this nation has ever seen continued on Tuesday night in New Hampshire, where a pleasantly smooth primary election resulted in a narrow win for Bernie Sanders, with Pete Buttigieg close on his heels yet again, followed by a surprise third place win for Amy Klobuchar. After double-digit percentages for those three, Elizabeth Warren came in a distant fourth, followed by an undoubtedly disappointing fifth place finish for Joe Biden.

The contest also resulted in three candidates dropping out of the race. Colorado Senator Michael Bennet hung it up, as did former MA Governor Deval Patrick (leaving no more African-Americans in the race) and previously unknown entrepreneur Andrew Yang (leaving Tulsi Gabbard, who finished a distance 7th, as the only person of color remaining in the Democratic nominating contest.) Sanders second popular vote victory in two weeks leaves him as the front-runner ahead of Nevada next week, South Carolina the week after, and Super Tuesday in more than a dozen states three days later, where voters will decide how long this contest will run, as several candidates remain more than viable after the two early outings.

We discuss, along with a reminder that all of New Hampshire voted, without apparent problem Tuesday, on hand-marked paper ballots, with citizen volunteers in some 40% of Granite State towns counting those hand-marked ballots by hand, publicly, with everybody watching, no apparent problems or delays, and results announced at each counting location upon completion. We call that Democracy's Gold Standard and thank the volunteers in those NH towns.

Unfortunately, that joyous exercise in public democracy and civic duty was marred by the quickly expanding crisis in Washington D.C. where four prosecutors running the case against Trump confidante Roger Stone, who was recently found guilty of lying to Congress and witness tampering, abruptly quit the case on Tuesday. One of them resigned from the Dept. of Justice entirely.

That stunning news on Tuesday came after a tweet from Trump, describing the sentencing recommendation as a "miscarriage of justice!", before an announcement by a senior official at DoJ that the line prosecutors' recommendation, based on federal sentencing guidelines, was "extreme and excessive and disproportionate to Stone’s offenses."

Further reporting throughout the day --- as Trump continued his Twitter tirade, even attacking the federal judge overseeing Stone's case --- revealed that it was not the only time in recent days that Trump's Attorney General Bill Barr appears to have interceded to soften sentencing recommendations for close friends of Trump found guilty of lying to federal officials during the Robert Mueller Special Counsel investigation into Russian interference in the 2016 election. NBC News reports that a recently installed Barr apparatchik also changed the DoJ prosecutors' sentencing recommendation for Trump's former National Security Advisor Michael Flynn last month. It was originally for 0 to 6 months in prison, but modified last month to nothing more than probation.

And, as all of that was unspooling, Trump pulled his nomination for a top post at the Treasury Dept. for the former U.S. Attorney for D.C., Jessie Liu. As USA, she had overseen Stone's case and a number of others related to the Mueller probe, until she was relieved of that post on the same day that the DoJ changed their sentencing recommendation for Flynn. Liu had been scheduled to answer questions in her Senate confirmation hearing on Thursday for the Treasury post, but that has been conveniently nixed with Trump's withdrawal of her nomination on Tuesday.

We're joined today to discuss these stunning --- and somewhat terrifying --- turns of event by LISA GRAVES, who previously served as Deputy Asst. U.S. Attorney General at the DoJ under Presidents Bill Clinton and George W. Bush. She is also the former Chief Counsel for Nominations in the U.S. Senate and former Deputy Chief for the U.S. Court system. So, she has quite a bit of insight into many aspects of this. She, like us, is exceedingly disturbed by what one former, longtime DoJ senior official characterized as "a shocking, cram-down political intervention in the criminal justice process," declaring that "We are now truly at a break-glass-in-case-of-fire moment for the Justice Dept."

Graves, who recently founded the new watchdog group TrueNorthResearch.org, echoes that alarm today. "This is really a crisis," she warns. "And it's hard to say that, given that we are in the midst of an ongoing crisis based on what the Republicans in the Senate did this past month and what the President is up to. This is a crisis that is really unparalleled in the modern history of the Justice Department. It's a Constitutional crisis and really an existential crisis, because this is an active assault on the rule of law in this country."

She explains that "this is an absolute, confirmed and repeated breach of the independence of the Justice Department...I'm not sure how it can be fixed, given the fact that the Justice Department has been so corrupted by this President and by his willing hand-maiden, Bill Barr." Graves cites the upcoming election as our only way out, at this point, from "this sort of behavior turning America into a banana republic", before she borrows from the Nixon impeachment proceedings to describe the ongoing events as "a cancer on the Justice Department."

She also shares her thoughts on whether she believes the DoJ itself --- with the words "The place of Justice is a hallowed place" (ironically now?) etched above its door on Pennsylvania Avenue --- can ever be fully repaired after this breach, even after Trump is no longer despoiling the White House...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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