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Latest Featured Reports | Sunday, January 17, 2021
Our Long National Nightmare Almost Over, Trump's Just Beginning: 'BradCast' 1/15/21
Guest: Salon's Heather Digby Parton; Also: Tragic COVID milestone; Biden's $1.9T plan; Creepy new Capitol Insurrection revelations...
DOJ Must Contest Validity of Presidential Self-Pardons and Pardons of Seditious Co-Conspirators
Did the Framers really wish to give Get-Out-of-Jail Free cards to insurrectionists?...
'Green News Report' 1/14/21
  w/ Brad & Desi
Former MI Gov. charged in Flint Water Crisis; Trump EPA parting gift to polluters; U.S. emissions plummet, due to coronavirus; PLUS: World's biggest battery farm now online in CA...
Previous GNRs: 1/12/21 - 1/7/21 - Archives...
'A CLEAR AND PRESENT DANGER': TRUMP IMPEACHED AGAIN: 'BradCast' 1/13/21
Guest: Former diplomat, Rep. Tom Perriello of Open Society Foundations US on nation's need for accountability beyond impeachment...
America or Autocracy? - GOPers Choosing Sides: 'BradCast' 1/12/21
Also: Military condemns Capitol insurrection; Corporations dump Repub coup-supporting lawmakers; Adelson dead; GOP support for impeachment; Schwarzenegger's response...
'Green News Report' 1/12/21
  w/ Brad & Desi
2020 tied with 2016 for hottest year on record; 2020 also shattered record for billion-dollar disasters in U.S.; PLUS: Fossil fuel industry shuts revolving door on Trump energy staffers...
Previous GNRs: 1/7/21 - 1/5/21 - Archives...
To Impeach or Not Impeach? Why It's Even a Question: 'BradCast' 1/11/21
Callers ring in following last week's deadly, Trump-incited riot, while timing looms large before Inauguration Day, and as MAGA Mobsters gears up for more violence...
Sunday 'Death to America!' Toons
PDiddie's latest weekly toon collection finds, once again, the call is coming from inside the (White) House...
Trump Must Be Impeached Again, EVEN if He Leaves First: 'BradCast' 1/8/21
Guest: Former federal prosecutor Ben Clements; Also: Officer dead after Capitol riot; Pelosi to Trump: resign or be impeached; Dominion's $1.3B suit against Powell...
'An Unspeakable Assault on Our Nation and Our People': 'BradCast' 1/7/21
Biden's victory affirmed by Congress after attempted MAGA Mob insurrection; Fallout continues, including WH resignations, calls for impeachment, 25th Amendment...
'Green News Report' 1/7/21
  w/ Brad & Desi
Dems win Senate majority, paving way for climate action; Amid attempted coup, Admin auctions off drilling rights in ANWR; PLUS: Britain achieves new record in offshore wind...
Previous GNRs: 1/5/21 - 12/22/20 - Archives...
MAGA MOB STORMS CAPITOL; GA DEMS WIN SEN. CONTROL: 'BradCast' 1/6/21
Guest: Philly Inquirer's Will Bunch on the D.C. mayhem, the Dem Senate victories and the MAGA legislative mob's insurrection in Pennsylvania's state Senate...
The Last Voting Day of '2020':
'BradCast' 1/5/21
Guest: Lauren Windsor of 'The Undercurrent'; Also: Trump's escape to Scotland?; How GOPers plan to challenge Biden's Electoral College victory in Congress...
'Green News Report' 1/5/21
Trump Admin parting gifts: 'bomb' trains and more asthma attacks; MI signs settlement in Flint Water Crisis; PLUS: Japan's plan to achieve net zero emissions by 2050...
'Chickens Home to Roost': Trump, GOP's Last Scheme to Steal 2020: 'BradCast' 1/4/21
Guest: Democracy scholar Paul Lehto; Also: SecDefs' warning; Prez threatens GA SoS...
U.S. Military Must Disobey Coup Order
Ernie Canning: Op-ed from all 10 living former DefSecs offers ominous warning...
Sunday 'Hindsight is...' Toons
Don't miss PDiddie's first toon collection of the new year! Now that it's 2021, everything is just great!...
2020 Hindsight (and Thanks)
From all of us at The BRAD BLOG...Here's to a Happier New Year...for all...
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...


Also: Another Schadenfreude Update as Trump's empire crumbles...
By Brad Friedman on 1/14/2021 6:46pm PT  

On today's BradCast: Donald Trump's Big Lie(s) continue to pose a terror threat, even as his world is crumbling. [Audio link to show follows summary below.]

On Wednesday, during the debate in the U.S. House over Donald Trump's second impeachment, a number of GOPers argued that the bipartisan call for accountability in response to the President of the United States inciting a terrorist attack on the U.S. Capitol last week would only serve to make matters worse. A number of Trump's defenders charged that if the Congress that was attacked by his MAGA Mob attempted to hold him to account it would be too "divisive" and anger his supporters at a time that the nation needed "unity" and "healing".

At the very same time, according to Greg Sargent at Washington Post today, a number of U.S. intelligence agencies, including DHS and DoJ, issued a memo warning that Trump's Big Lie about a "stolen election" was serving as the driving force for "Domestic Violence Extremists" (DVEs) who pose a serious threat of further violence in coming days.

Nonetheless, few of those Republicans in the House pretending to be concerned about dividing the nation further were willing to say the one thing that might actually "lower the temperature": That Joe Biden won the election fair and square according to all available evidence and that Donald Trump lost it in the same fashion.

Phony GOP concerns about "divisiveness" not withstanding, their refusal to do the right thing by debunking Trump's ridiculous claims that the election was stolen, rather than play along with them, has resulted in news that the National Mall in D.C. will now reportedly be closed entirely for the first time during a Presidential Inauguration due to the threat of domestic terrorism.

Trump's Big Lie about the election is not the only one. Some of the House Republicans on Wednesday were attempting to rewrite reality by claiming that Trump, at his MAGA Mob rally before the insurrection at the Capitol, did little more than "urged attendees to, quote, unquote, peacefully and patriotically make your voices heard. There was no mention of violence, let alone calls to action." That was the claim made by Pennsylvania's lying Rep. Guy Reschenthaler. Reality --- and actual evidence --- prove otherwise, as we do as well on today's program. Given that Trump's impeachment trial in the Senate on this very matter awaits, it seems wise to get a jump on this newest Big Lie.

But, as dark as this moment may be for the safety of Americans and future of American democracy, there is still plenty of Trump Schadenfreude News to be enjoyed today. Including the fact that Trump is reportedly "isolated and angry at aides for failing to defend him" during his second impeachment; his approval ratings have plummeted 11 points since December; and New York City is joining a growing list of those cutting ties to the disgraced Trump. As his Trump Organization empire begins to crumble, he is already losing millions of dollars worth of business from those who regard his brand as too toxic to get anywhere near at this point. And things are likely to get much much worse for him in the days ahead.

All of that and much more, with gusto, on today's program, before we close with some accountability news when Desi Doyen joins us for our latest Green News Report...

Download MP3 or listen to complete show online below...

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Also: Military condemns Capitol insurrection; Corporations dump Repub coup-supporting lawmakers; Sheldon Adelson dead; Surprising GOP support for impeachment; Schwarzenegger's important response...
By Brad Friedman on 1/12/2021 7:01pm PT  

On January 3rd --- three days before Trump's violent insurrection at the U.S. Capitol --- John McCain's 2008 campaign chair Steve Schmidt argued "The die is cast for the Republican Party. It will be destroyed on January 6th." His brief but prophetic Twitter thread went on to argue that his former Party would not be able to survive its factionalism and "the poisonous fruit from four years of collaboration and complicity with Trump's insanity, illiberalism and incompetence are ready for harvest." He ended the thread charging: "There are only two sides in American politics now. There is the American side and the Autocratic side. May God help us all if we falter, flag or fail in defense of American democracy." Schmidt's prediction, as we discuss on today's BradCast, appears spot on. [Audio link to today's show is posted below the summary.]

Among the stories, many of which appear to buttress Schmidt's case, covered on today's program....

  • The Pentagon's Joint Chiefs of Staff issued an unprecedented statement to the military (and the nation), condemning the "violence, sedition and insurrection" at the U.S. Capitol last week, reminding them of their duty to defend the Constitutional process, and made clear that "President-elect Biden will be inaugurated and will become our 46th Commander in Chief" next week.
  • In the wake of that deadly, Trump-incited coup attempt, many major corporations have announced they will be withholding millions in campaign funding to Republicans who voted against affirming Joe Biden's Electoral College victory last week. Some will also be withholding funding from Democrats...for apparently no sensible reason at all. (Not that we're against it.)
  • If the news of losing their funding from major corporations wasn't bad enough for Republicans, their biggest funder, billionaire Sheldon Adelson, died on Tuesday. We suspect GOPers will keep kissing up to his widow, however, in hopes of continuing to rake in Adelson's corporate campaign cash.
  • How upside-down has the nation become in the Trump Era? We have to laud Liz Cheney (Liz Cheney!) today for coming out in favor of the Article of Impeachment [PDF] Democrats are now moving through the House, charging Donald Trump with "Incitement of Insurrection". Even soon-to-be-former Republican Senate Majority Leader Mitch McConnell, reportedly, is not opposing it and is even said to be "pleased" about it.
  • House Minority Leader Kevin McCarthy (R-CA) is not nearly as clever as McConnell, as several stories we cover today make all too clear. Among them, on Monday, following a conversation with the President, McCarthy told his House GOP Conference, according to Fox "News", that Trump acknowledged he bears some blame for what happened last Wednesday, when his supporters attacked the Capitol following his remarks to them, falsely claiming that the election was stolen and they must "fight" to save the nation. McCarthy's thanks for passing on that message from Trump? Today in Texas, Trump said he takes no responsibility at all for the riot. "People thought that what I said was totally appropriate," Trump told media, "Everybody to the ‘t’ thought it was totally appropriate.”
  • Among those who didn't find it "totally appropriate," New Jersey's former Republican Governor and longtime Trump buddy Chris Christie, who said "if incitement to insurrection" isn't grounds for impeachment, "I don't know what is." Maryland's current Republican Governor Larry Hogan echoed the sentiment, agreeing that Trump has "blood on his hands" for the riot that resulted in the deaths of at least five people, including a police officer last week. "He was responsible for inciting this riotous mob. This was an insurrection. They stormed the Capitol and threatened to kill the Vice President and put the lives of people in danger and he had a huge role to play in that," said Hogan, a likely 2024 Presidential hopeful.
  • But it may have been California's former Republican Governor Arnold Schwarzenegger whose remarks --- as someone who grew up in Austria in the shadow of WWII --- were the most profound and even, somehow, encouraging. We share his full, emotional, must listen statement posted online over the weekend, comparing the Nazi's Kristallnacht to last week's violent, failed coup.
  • Finally, news breaks that Michigan's former Republican Governor Rick Snyder and other former state officials are about to be criminally charged for their parts in the Flint lead water poisoning disaster, which leads us to Desi Doyen and our latest Green News Report, with bad news for the planet as usual, but a bit of welcome schadenfreude concerning the fossil fuel industry and the fates of those toxic political appointees who worked in the Trump Administration...

Download MP3 or listen to complete show online below...

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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, Stitcher, TuneIn or our native RSS feed!
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Callers ring in on demands for accountability following last week's deadly, Trump-incited riot at the U.S. Capitol. But timing looms large before Inauguration Day, and as the MAGA Mob gears up for more violence...
By Brad Friedman on 1/11/2021 7:40pm PT  

We open up the phone lines on today's BradCast for the first time since Donald Trump's deadly attempted coup at the U.S. Capitol last week, to get feedback from callers on whether it makes sense to impeach him again with just about a week and a half left in his term. (For the record, my own opinion is "YES!," and I explain why throughout the course of today's show.) [Audio link to full show is below the summary.]

We start with some of the latest breaking news...

  • Trump's illegally appointed Acting Homeland Security Chief Chad Wolf announced, just before air time, that he is stepping down after being critical of Trump following last week's insurrection that killed at least five people, including a Capitol Police officer. Wolf called the riot "tragic and sickening".
  • The FBI has reportedly notified all 50 states of the possibility of armed attacks on state houses, as Trump's MAGA Mob are continuing to tell each other that Trump will be inaugurated on January 20th (he won't be) and that we should all prepare for a national emergency in which Trump invokes the Insurrection Act and begins "high profile arrests" between now and Inauguration Day. All of that, his minions have convinced themselves, come amid what they describe to each other as "a battle for our republic against elites that are attempting the very coup that they are accusing Trump of doing."
  • Over the weekend, however, House Speaker Nancy Pelosi informed House Dems that if Trump refused to resign, she would hold a vote on a resolution calling for Vice President Mike Pence to invoke the 25th Amendment to remove Trump from power. If that doesn't work (it doesn't appear that it will), a vote on a second Impeachment could be held in the House as early as Wednesday. We share the Article [PDF], formally filed in the House today by Reps. Jamie Raskin (D-MD), Ted Lieu (D-CA), David Cicilline's (D-RI), and Jerry Nadler (D-NY) for "Incitement of Insurrection", on today's program.
  • Over the weekend, both Democrats (like AOC) and Republicans like Sen. Pat Toomey (PA), Lisa Murkowski (AK), Ben Sasse (NE) and Trump ally and former Governor of New Jersey Chris Christie all suggested they might support impeachment and removal of the President. As Christie noted, "If inciting to insurrection" isn't an impeachable offense then "I don't really know what is."
  • Nonetheless, a number of Republicans are suggesting that if either the 25th or impeachment are invoked, it would lead to further violence. As Rep. Kevin Brady (R-TX) pathetically tweeted on Saturday, "Those calling for impeachment or invoking the 25th Amendment in response to President Trump's rhetoric this week are themselves engaging in intemperate and inflammatory language and calling for action that is equally irresponsible and could well incite further violence." --- In other words, if you hold anybody accountable for inciting violence, you are inciting the same people to more violence. So, best to do absolutely nothing, apparently. Very patriotic and courageous, Congressman.
  • On Sunday night, the PGA pulled their planned 2022 Championship from Trump's Bedminster, NJ golf resort, adding to the schadenfreude already most likely being enjoyed by anti-Trumpers since Twitter permanently banned him from the social media platform late on Friday.

As to the timing of how to pull off an impeachment with just days left in Trump's Presidency, it's important to understand --- as we discussed with former federal prosecutor Ben Clements on last Friday's show --- that an official doesn't even have to still be in office to be impeached. There is historical precedent for that. Clements, and others, argue it's important to impeach Trump if only to convict him at trial so that he cannot run for public office ever again.

It should also be noted that the House may vote to impeach this week or next, but wait until after Biden is sworn into office before sending the Articles to the Senate for a trial. That's what some Dems are now calling for. Rep. James Clyburn wants to wait until Biden's first 100 days are over. Others suggest waiting just long enough to allow Biden's cabinet to be sworn in, since all Senate business must stop when a Senate impeachment trial begins. With Chuck Schumer as Majority Leader, after Biden and Vice President-elect Harris are sworn in, a real trial could be held in the Senate, with dozens and dozens of witnesses, unlike the show trial McConnell held to quash the charges Trump was previously impeached for last year.

So, lots to chew over on today's program, and lots of callers ringing in with thoughts on all of the above...

Download MP3 or listen to complete show online below...

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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, Stitcher, TuneIn or our native RSS feed!
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Guest: Former federal prosecutor Ben Clements; Also: Capitol Police officer dead after riot; Pelosi demands Trump resign or face second impeachment; Dominion files $1.3B defamation suit against Powell...
By Brad Friedman on 1/8/2021 8:24pm PT  

The walls are closing in very quickly now --- even throughout our hour today --- on the man who President-elect Joe Biden correctly, if generously, described today as "not fit to serve" and "one of the most incompetent Presidents in the history of the United States of America." As we go to air, Donald Trump is still in office. We can't tell you for certain if that will still be the case by the time you hear today's BradCast. [Audio link is posted at bottom of article.]

On Thursday night, U.S. Capitol Police officer Brian Sicknick succumbed to injuries sustained during the attempted coup at the Capitol on Wednesday, as incited by Trump. He was the fifth person to have died amid the mayhem wrought by our outgoing criminal President. Sicknick's death, which Trump didn't bother to mention today, may add yet another crime --- conspiracy to incite murder or manslaughter --- to Trump's quickly growing rap-sheet.

On Friday morning, House Speaker Nancy Pelosi issued an ultimatum. Either Trump resigns now or new Articles of Impeachment will be filed on Monday. That, as the Administration rats continue to flee his sinking ship, with more resignations and the welcome news that sore loser Trump will not attend Biden's inauguration and plans to leave D.C. as of the day before. "Good riddance," we say, in echoing the two word statement issued by the American Federation of Teachers last night upon the news that Education Secretary Betsy DeVos was also quitting (though only after four convicted murderers and war criminals who worked for her brother received Presidential Pardons.)

More on Trump's growing legal perils and calls for accountability with my guest today, but first a few words on the news that Dominion Voting Systems has filed a $1.3 billion lawsuit against Team Trump attorney  and his fellow perpetual liar and con-artist Sidney Powell. The private voting systems vendor charges Powell led a campaign to spread "wild" and "demonstrably false" claims about the company, including lies about their voting systems being developed with communist money in Venezuela by the late Hugo Chavez and, with the help of George Soros and China and Cuba, being used to steal the election for Biden.

(Her absurd Venezuela/Chavez claims are bastardized and re-imagined versions of my detailed, accurate, exclusive investigative reporting at The BRAD BLOG from approximately 2008 to 2010. And, while I've been wildly critical for many years of Dominion's unverifiable voting systems, as deployed by Georgia's Republican Sec. of State, there is nothing to support Powell's fantastical claims, including her evidence-free assertions that the state's SoS and Governor received kickbacks from the company to deploy their machines in the Peach State, for the first time, in 2020.)

Dominion, which previously warned they were likely to sue for slander and defamation if Powell did not retract her false claims (she refused and "doubled down" instead, according to the 124-page complaint [PDF]), also has sent similar warnings to other Team Trump liars such as Rudy Giuliani, Fox "News", Newsmax and One America News. They suggest they may even sue Trump himself. We'll hope they do, even if I'm called to testify by the private election vendor which should have no place in our public election system.

But, for now, according to our guest today, Constitutional expert and former federal prosecutor BEN CLEMENTS, Board Chair and Senior Legal Advisor of the non-partisan government accountability group, Free Speech for People (FSFP), it's accountability for the "seditious" President of the United States that is of the greatest immediate concern.

Clements, along with FSFP's  John Bonifaz and Ron Fein, filed an op-ed in the Boston Globe on Tuesday --- the day before the Trump-instigated insurrection at the Capitol on Wednesday --- calling for Trump to be immediately impeached for a second time.

"At the time we wrote the op-ed, we were only dealing with the first major set of felonies that the President committed this week, in the effort to falsify the Georgia election results in his favor," he tells me today, referring to last Saturday's phone call by the President to GA's Sec. of State, cajoling and threatening him to "find" enough votes to steal the election for him there. (Yes! That was just this past week as well!) "At this point, we obviously have a second set of felonies in connection with his incitement of a seditious mob on Congress, which creates an even greater urgency."

But the reason Clements is calling for a second impeachment this late in Trump's term is because, as he explains: "There is really, for the most part, only one sure way to ensure that Donald Trump is not permitted to again run for office in this country...And that way is through the impeachment power.   If the Senate convicts, an official can be removed, but they can also be disqualified from ever holding federal office again. Aside from removal, which is now needed more urgently than ever, there is the need to disqualify him, to prevent him from running in 2024, or from running for anything else at any time in the federal government."

With just 12 days left before Biden's Inauguration, is there even enough time for such a proceeding?  As Clements, who authored a book with Bonifaz and Fein called The Constitution Demands It: The Case for the Impeachment of Donald Trump, details that impeachment and a Senate trial can happen even after an official is out of office. Indeed, as he (and his op-ed) recounts, there is even historical precedent for it.

We also discuss whether the Constitution allows for a Presidential self-pardon, whether Trump will try to execute one, whether lawful or not, and as FSFP called for yesterday, the need for Joe Biden's Attorney General-designate, Judge Merrick Garland, to immediately empanel an independent task force, once confirmed, to coordinate and investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."  Clements argues that, without public pressure, Democratic Administrations have had a tendency in the past, when taking office "after a corrupt and sometimes lawless Republican administration" to make a "a quick call to 'turn the page.'"

"We are hearing those calls broadly already," he says. But "if we really want to move forward, if we really want to restore the integrity of the Department of Justice, there must be accountability for the crimes of this Administration and particularly of Donald Trump. And there must be accountability for the destruction that he created to our democracy and to the Department of Justice. The reason we're calling for this is there is a risk that there will be this temptation to say 'he's out of office and let's move on.' And I think that would be a GRAVE mistake that will invite more lawless activity, that will invite more of the kind of activity that we saw on Wednesday with the attack on the Capitol."

As we chatted, news came in that Alaska's Republican Senator, Lisa Murkowski, is now calling for Trump to resign, declaring "I want him out" and threatening to leave her party if they continue to align with him. And Twitter finally did the right thing (years belatedly) by permanently banning Trump, citing the risk of further incitement of violence.

It's going to be a very dark weekend for Trump. But, for us, we close a dark week today with a long overdue, brand new and hilarious parody tune for the seditious moment, from the great Randy Rainbow! Enjoy!...

Download MP3 or listen to complete show online below...

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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, Stitcher, TuneIn or our native RSS feed!
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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




Biden's victory is affirmed by Congress following Trump's attempted MAGA Mob insurrection; Fallout continues, including White House resignations, calls for impeachment, 25th Amendment...
By Brad Friedman on 1/7/2021 8:28pm PT  

Today's BradCast picks up where yesterday's left off, amid the Trump-instigated attempted insurrection by his MAGA Mob at the nation's Capitol amid the formal affirmation of Joe Biden's Electoral College victory. We continue then with all of the mind-boggling fallout thereafter. [Audio link to full show is posted below this summary.]

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

  • Morning Joe speaks for us, in his response to Wednesday's shameful attempted coup and pathetic response to it by the Capitol Police;
  • So does Joe Biden, who, like Joe Scarborough, notes how differently a white rightwing MAGA Mob was dealt with, versus how things would have played out had those violent rioters who invaded the Capitol building been BLM protesters;
  • Once the Capitol building was cleared of Trump's lawless marauders on Wednesday night --- and four insurrectionists had died in the bargain --- the Electoral College affirmation by Congress that they'd attempted to prevent, picked up once again, with a (very slightly) chastened GOP. We share several outstanding speeches from the Senate floor in the middle of the night/early morning, as delivered by Senators Cory Booker (D-NJ) and Mitt Romney (R-UT). That, before seven Republican U.S. Senators and 138 GOP House Members (68% of the caucus!) voted, unsuccessfully, to nullify millions of votes cast by the voters of Arizona and Pennsylvania;
  • For the record, the seven Republican Senators who voted to nullify the voters in those two states --- even after the attempted coup at their own place of work --- are: Cruz (TX), Hawley (MO), Lummis (WY), Marshall (KS), Scott (FL), Tuberville (AL) and Hyde-Smith (MS). May their names live in eternal infamy and shame;
  • Trump and his Republican Party's shameful, evidence-free attempt to use the Electoral Count Act of 1887 or 12th Amendment to the Constitution in order to steal the 2020 Presidential election has officially failed, as Biden's Electoral College "landslide" was affirmed by Congress at 3:45am on Thursday morning, January 7th. The MAGA Mob riots served no purpose other than to kill several Trump supporters and injure more than a dozen Capitol police. The results of the election were exactly as they were certified by all 50 states weeks ago;
  • Amid the insurrection and while being locked out of his account at both Twitter and Facebook overnight (he has since been allowed to return to Twitter, though Facebook says he will be banned until at least after Inauguration Day), Trump's mood was said to have grown increasingly erratic. His rage reportedly resulted in Mike Pence's Chief of Staff (and Trump's own former Legislative Director) being banned from the White House, and staffers were reportedly instructed by the White House Counsel to stay away from him, lest they find themselves as an accessory to treason under the Sedition Act;
  • About eight staffers have resigned following Wednesday's events, including Trump's former Press Secretary (Stephanie Grisham), his former Acting Chief of Staff (Mick Mulvaney) and his Transportation Secretary Elaine Chao, the only cabinet member, so far, to jump off the sinking ship. Chao also happens to be married to the soon-to-be-former Senate Majority Leader Mitch McConnell, who will presumably be the Republican Minority Leader following the apparent victories by Jon Ossoff and Raphael Warnock on Tuesday in Georgia's U.S. Senate runoffs. None of those who waited until now to resign should be hailed as heroes;
  • By Thursday morning, both incoming presumptive Senate Majority Chuck Schumer and House Speaker Nancy Pelosi had issued statements calling for the 25th Amendment to be invoked by Vice President Pence and Trump's remaining cabinet members to remove him from office immediately. Pelosi correctly describes Trump as having incited "an unpseakable assault on our nation and our people." Short of impeachment, both Democratic leaders say, another impeachment for "willfully inciting violence against the government of the United States"; "gravely endanger[ing] the security of the United States"; and "demonstrat[ing] that he will remain a threat to national security, democracy and the Constitution if allowed to remain in office" remain a possibility, as detailed in Articles now being circulated for consideration by House Democrats;
  • If you're not familiar with how the 25th Amendment would work, should it be invoked (there is also at least one Republican lawmaker calling for it today, describing Trump as "unfit" and "unwell"), here's a quick primer;
  • Finally, Desi Doyen joins us for some much brighter news, believe it or not, in our latest Green News Report, where the overlooked news about Democrats clawing back a legislative majority in the Senate may be very very good news indeed...as long as WV's coal-loving Democratic Senator, Joe Manchin, decides to help save the planet by playing along...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/7/2021 12:36pm PT  

IN TODAY'S RADIO REPORT: Democrats win U.S. Senate majority, paving the way for crucial climate legislation; Trump Administration, amid attempted coup, auctions off drilling rights in pristine Arctic National Wildlife Refuge; Massachusetts to phase out gasoline-powered vehicles by 2035; PLUS: Britain achieves new record in offshore wind energy generation... All that and more in today's Green News Report!

PLEASE CLICK HERE TO HELP US WITH A (MUCH-NEEDED) DONATION to celebrate 1100+ episodes of independent, listener-supported climate, energy and environmental news! Thank you!

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IN 'GREEN NEWS EXTRA' (see links below): Disproportionate protest response: Capitol Hill vs. Standing Rock; Trump Admin Clears the Way for Bird Slaughter; For First Time In 5 Years, US Gas Mileage Down, Emissions Up; Exxon Discloses Full Scope of Fuel Emissions for First Time; New Study on Regenerative Grazing Complicates Climate Optimism; For First Time In 5 Years, US Gas Mileage Down, Emissions Up... PLUS: Things to watch in a 50-50 Senate... and much, MUCH more! ...

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Guest: Philadelphia Inquirer's Will Bunch on the D.C. mayhem, the Dem Senate victories and the MAGA legislative mob's extraordinary insurrection on Tuesday in the PENNSYLVANIA state Senate...
By Brad Friedman on 1/6/2021 7:35pm PT  

As "today" is still ongoing, we'll need to keep the summary of today's BradCast --- and the extraordinary events we find ourselves covering on the fly --- a bit more terse than usual. [Audio link to today's full show follows below.]

Our first draft of history today includes the news that both Democrats Raphael Warnock and Jon Ossoff have reportedly won their U.S. Senate runoff contests in Georgia against incumbent Republican Senators Kelly Loeffler and David Perdue, respectively. With those two stunning, if narrow, victories, Democrats will soon enjoy partisan control of the U.S. Senate under the new Democratic Majority Leader Chuck Schumer, instead of soon-to-be-former Republican Majority Leader Mitch McConnell. Warnock will be the first African-American Senator and Ossoff the first Jewish Senator to represent the Peach State. Ossoff, at 33 years old, will also be the chamber's youngest member.

While that momentous news alone would normally be our top and perhaps only story for the day, it barely makes the top three. As you know by now, after weeks of false, evidence-free claims by the President of the United States that the election was stolen from him, and after an hour of his endlessly repeated, ginned-up rhetoric on same at a so-called "SAVE AMERICA" rally in D.C. this morning --- and after Donald Trump's buffoon, criminal attorney Rudy Giuliani called for "trial by combat" in his own remarks --- the MAGA Mob he summoned to D.C. stormed the U.S. Capitol building.

The rioting came during a joint session of Congress, amid GOP challenges to the formal, usually ceremonial Electoral College affirmation of Joe Biden's decisive November victory. Both chambers of Congress were evacuated as Trump-supporting rioters broke windows and doors to enter the building. Both the House and Senate chambers, as well as lawmaker offices, including House Speaker Nancy Pelosi were violently breached by the anti-American marauders. Vice President Pence, who had been presiding over the Joint Session, was ushered, with several other key lawmakers, to a secure location through underground tunnels beneath the Capitol building. One of the insurrectionists is said to have been shot and killed. Questions remain, lots of them, as to why there was not a larger police presence around the Capitol before this perfectly predictable attempted coup.

But, while we offer a first draft of history on all of the above today, the attempt to overthrow the American government, abetted by the President himself, was hardly the only sign of the long and steady degradation of our Constitutional representative republic by members of the Republican Party. On Tuesday, GOP members of the Pennsylvania Senate refused to seat a duly elected veteran Democratic state Senator on the first day of their new session and used their gerrymandered majority to muscle Democratic Lt. Gov. John Fetterman out of his state Constitutional role as President of the state Senate. We share some of the remarkable audio from that Tuesday coup in the Keystone State, in what I'm calling "The Wisconsinization of Pennsylvania."

Joining us to explain what happened during those extraordinary events in Pennsylvania on Tuesday, the even more extraordinary events that we saw in D.C. on Wednesday --- and both where it all comes from and what it all means going forward --- is the great WILL BUNCH, longtime national columnist for the Philadelphia Inquirer and Philadelphia Daily News.

Finally, as the President of the United States with no more than two weeks left in office only made matters worse with his Twitter statements throughout the riots that he fostered today, we turn for sanity to the President-elect instead. We close today's program with Biden's calming words to a nation in crisis, while the current disgraced President returns to his bunker amid the American Carnage he has wrought...

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Guest: Lauren Windsor of 'The Undercurrent'; Also: Trump's escape to Scotland?; How GOPers plan to challenge Biden's victory Wednesday...
By Brad Friedman on 1/5/2021 7:10pm PT  

Today on The BradCast: The last vote of the '2020' election has now been cast with Georgia's two U.S. Senate runoffs now over. The voting part anyway. Now the counting, fighting and complaining begin. [Audio link to full show follows below summary.]

We received mixed reports from on the ground in Georgia today. The state's voting systems manager, Gabriel Sterling, told the Atlanta Journal-Constitution that Election Day in the contests that will determine partisan control of the U.S. Senate went very smoothly on the state's 100% unverifiable touchscreen voting systems made by Dominion and forced on in-person voters in the state for the first time in 2020 by their Republican Sec. of State, Brad Raffensperger. Lines to vote, according to Sterling were short in most places, though as long as 30 minutes at some Atlanta metro area voting stations. Other sources on the ground in the Peach State told us that lines in some places that were longer than for the Presidential general election back in November. Given there were just three races on the ballot (two for U.S. Senator, one for a Public Service Commissioner), there shouldn't have been any lines at all to speak of. Nonetheless, the 'Rube Goldberg' touchscreen computer ballot marking devices and the computerized pollbooks and computerized scanners that are used with them --- instead of a much simpler, verifiable, reliable hand-marked paper ballot system --- always take longer to cast a vote. They also, as usual, created problems for voters in several counties, with misprogrammed access cards and other reported failures. Emergency hand-marked paper ballots were said to have been deployed in some cases, as needed.

We try to read some of the tea leaves from today's reports, as to what it all may mean, while we wait for results that could come tonight....or over the next several days.

We're joined today from on the ground in Georgia by LAUREN WINDSOR, journalist, Executive Director of American Family Voices, producer of the grassroots political web-show, The Undercurrent, and, apparently, "operative", according to a report by the Atlanta Journal-Constitution. Windsor has been in the state for the past month with her producer, bird-dogging incumbent Republican millionaires and Senators Kelly Loeffler and David Perdue, regarding their respective stock market windfalls amid the COVID epidemic. They are running against Rev. Raphael Warnock and Jon Ossoff, respectively.

She's been there as Trump has made a mess out of the runoffs, which he described over the weekend as "illegal", before showing up at a rally in the state, supposedly for Loeffler and Perdue on Monday night, not long after he confused matters further by calling for $2,000 COVID checks for Americans after Republicans (including the two GA incumbents) had insisted on $600 checks.

Windsor has broken a number of stories over that time, including last month when, as AJC documented, Perdue lied to her by claiming he planned to challenge Joe Biden's electoral vote count in the Senate tomorrow --- even though his term ended on January 3 and won't begin again until this year's election is decided and certified. Trump retweeted her tweet reporting Perdue's lie and his campaign then retweeted the President's tweet. There is apparently nobody left in the Republican Party who cares about telling the truth.

Both Perdue and Loeffer, she tells me, are "trying to have it both ways with regards to supporting the Electoral College challenge. Now they're trying to have it both ways with supporting the $2000 relief checks. They're saying, 'We'll tell you that's what we want, but we're actually going to work with McConnell to make sure it won't happen.'"

She shares of number of stories from her adventures over the past month covering both millionaires Perdue ("this guy owns a home within a gated community that's within a gated community.") and Loeffler ("It wasn't exactly a 'rag to riches story' for Kelly Loeffler. It was more of a 'riches to riches' story.) And Windsor also has some thoughts on the failure of Republican hoaxster James O'Keefe --- who she has also been bird-dogging for years now --- to deliver his promised "bombshells" on Democratic "voter fraud" in the 2020 cycle. Windsor also offers her careful prediction for how today's critical contests will ultimately shake out.

Also today, we enjoy a rare bit of speculation on Donald Trump's future, following a curious story out of Scotland Monday reporting that the tiny airport near Trump's failing Turnberry Golf Resort is set to "expect the arrival of a US military Boeing 757 aircraft" on January 19th, the day before Biden is to be inaugurated. Hmmm....

And, speaking of speculation, Politico has a few scoops on what House and Senate Republicans are planning for their challenges at Wednesday's joint session of Congress to the affirmation of Biden's Electoral College votes in at least three states (perhaps as many as six) during their desperate, last-ditch --- most likely futile, definitely sore-loser --- effort to overturn the 2020 Presidential election and/or make a name for themselves as 2024 Presidential contenders and/or ruin their chances all together in the bargain. We shall see. Suffice to say, Wednesday is likely to be a very long day, as we have long been warning.

Finally, Desi Doyen joins us for our first Green News Report of 2021! With a whole bunch of stories we were unable to cover while off last week, including several new parting gifts from the Trump Administration, such as "bomb" trains and more asthma attacks for children, as well as some much better news for humanity and the planet out of Japan...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Op-ed from all 10 living former DefSecs offers ominous warning...
By Ernest A. Canning on 1/4/2021 12:08pm PT  

Acting Defense Secretary Christopher Miller --- and every civilian and sworn member of the U.S. military under Miller's chain-of-command --- has a legal duty, under the Uniform Code of Military Justice, to refuse to carry out an unlawful order to take part in a military coup that is designed to prevent the peaceful transfer of power to the duly elected 46th President of the United States on January 20, 2021. That duty holds even if the order to carry out that military coup is issued by the current Commander in Chief.

This is not an abstract concern.

Recall that the increasingly desperate Donald Trump previously discussed with the disgraced and recently pardoned, former National Security Advisor, Lt. General Michael Flynn, the possibility of utilizing the military to facilitate a re-do of what U.C. Irvine Law Professor Rick Hasen described as a "decisive" electoral victory for his opponent, Joseph R. Biden.

The prospect that Trump would dare to issue an unlawful coup order was driven home by the fact that all ten living former Secretaries of Defense found it necessary to publish an ominous Washington Post editorial on Sunday that they directed to Miller. With his subordinates, Miller has failed to fully cooperate with the transition, according to President Elect Biden.

The former Secretaries of Defense not only admonished Donald Trump's newly placed Acting Secretary of Defense that he had a duty to facilitate the transition, but also issued a stark warning: "Civilian or military officials who carry out [efforts to involve the U.S. military in the election] would be accountable, including facing criminal penalties, for the grave consequence of their actions on our republic."

The potential for such an unlawful order is underscored by the fact that the former Secretaries of Defense, who signed off on the op-ed, included Mark Esper. He was fired by Presidential Tweet on November 9 --- two days after the networks called the election for Biden. While we don't know precisely what Trump may have conveyed to Esper, there can be no doubt but that Esper, more than any other former Secretary of Defense, is acutely aware of Trump's post-election state of mind.

The word needs to go out, not only to Miller's subordinates and to high-ranking members of the military, serving at the Pentagon, but also to everyone who wears the uniform. You must not obey an unlawful order to carry out a military coup.

* * *
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on twitter: @cann4ing




Deception, repeatedly rejected meritless claims and two 'beyond the pale' 11th-hour lawsuits justify legal discipline, perhaps even disbarment...
UPDATE, 1/1/21: Ohio State Law Professor describes latest assault on election as 'breathtaking and preposterous'; UPDATE, 1/2/21: Court dismisses Gohmert 'legal' challenge; UPDATE, 1/3/21: 5th Circuit panel denies Gohmert motion for an expedited appeal; UPDATE, 1/4/21: DC District Court denies motion for a preliminary injunction; contemplates imposing sanctions...
By Ernest A. Canning on 12/31/2020 10:35am PT  

As recently reported by John Kruzel of The Hill, the attorneys taking part in Donald Trump's dishonest effort to overturn the results of the Nov. 3 Presidential election "face mounting ethics complaints" that could result in sanctions ranging from fines to censure, suspension or even disbarment.

Michigan's Democratic Attorney General Dana Nessel recently explained why she is seeking to have Team Trump attorney Sidney Powell and others subjected to discipline, including disbarment, for professional misconduct in conjunction with continuing frivolous legal efforts to overturn the results of the Nov. 3 Presidential Election...

Every lawyer, in order to become a licensed professional, takes an oath of office in which they swear to uphold the Constitution. Instead, she [Powell] has done nothing but undermine it. There are so many Rules of Professional Conduct. You can't bring frivolous lawsuits that are not based on fact or the law. You can't have fraud, deceit, misrepresentation, things that are prejudicial to justice. You can't knowingly bring evidence that is false, or make misleading claims. She's broken each and every one of these in all of her cases. Just in the Michigan cases alone, she's breached each and every one of these codes of conduct.

Nessel's observations are certainly consistent with Rules 3.1 and 3.3 of the Michigan Rules of Professional Conduct [PDF] which prevent the pursuit of frivolous claims and forbids attorneys from knowingly making false statements of fact or law to any tribunal. "An action is frivolous," Rule 3.1 explains, "if the lawyer is unable to make a good-faith argument on the merits of the action taken, or to support the action taken by a good-faith argument for an extension, modification, or reversal of existing law."

MI's rules are in line with the American Bar Association's Rules of Professional Conduct as well.

Nessel is by no means alone in her critique of the dubious legal tactics being taken by a number of attoneys allied with Trump. In Delaware, a state judge, on his own motion, issued an order "to Show Cause why the permission to practice" pro hac vice (in a specific case), previously extended to out-of-state Georgia Attorney L. Lin Wood, Jr., should be "revoked". The court believes Wood may have "engaged in conduct in other jurisdictions, which, had it occurred [in a Delaware case], would violate the Delaware Lawyers' Rules of Professional Conduct."

There's a growing body of evidence that multiple attorneys have knowingly pursued frivolous claims that in hopes of undergirding Trump's dangerous and baseless conspiracy theories that the election was somehow stolen from him. They've piled up 59 losses in state and federal courts, many entailing outright dismissals by judges who described the pleadings as "without merit". Yet, that didn't stop right-wing groups of attorneys from recently filing 11th hour federal complaints that are not merely meritless but beyond the pale. So much so, that the D.C. and state bar associations might consider imposing the ultimate tool of attorney discipline --- disbarment...

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




Guest host Nicole Sandler with the latest news on DC's dysfunction, and Adam Keller of Israel's Gush Shalom Peace Bloc...
By Nicole Sandler on 12/30/2020 6:10pm PT  

No. The headline wasn't a typo. We seem to have reached the end of a few lines today. I’m NICOLE SANDLER, guest hosting the BradCast one more time in this really miserable year.

The first line ending is the year 2020. I know it officially ends tomorrow night, but today is the last new, live show of the year. I know I speak for Brad and Desi when I say 'good riddance' to what was probably the worst year of our lives.

We may be reaching the end of the line in this 244-year-old Democratic Republic. We are witnessing the unraveling of the shaky foundation of this nation as the madman whose power ends in three weeks is getting more desperate and reckless by the day.

We're at the end of the line for the 116th Congress. It moves into the history archives on Saturday; the 117th Congress will be sworn in on Sunday.

Donald Trump seems to be embracing a scorched earth policy, deciding to burn the whole place down if his minions won’t break every rule, law and norm to overturn our Democratic election and install him as Supreme Leader. The reason there's still news breaking and the Senate is in session right now is all due to Trump's destructive and dangerous behavior. And no one in the Republican Party is willing to stand up to him to protect our delicate Democracy over his authoritarian ambitions.

The past four years have been a blur of gaslighting and lies. One of the more reprehensible falsehoods they've pushed is the idea that --- led by Jared Kushner --- they've negotiated Middle East Peace! What was fostered during this time was an unholy alliance between the right wing Israeli Prime Minister Netanyahu (who is under indictment on a number of counts of corruption and worse) with the American dictator-wannabe Trump.

When the Trump Administration announced the first of their so-called peace agreements --- this one between Israel and the United Arab Emirates --- my first thought was, "when were Israel and the UAE at war?" (They weren't.)

Over the next few months, they rolled out a few more of these deals...with Bahrain, Sudan and finally, just a few weeks ago, they announced a fourth one... saying "President Donald Trump has brokered a peace agreement between Morocco and Israel."

This one might have been the most offensive of the four, as the so-called deal legitimizes the Moroccan occupation of the Western Sahara.

Some years back, I learned about Gush Shalom, the Israeli Peace bloc, led by activist Uri Avnery. I had the honor of interviewing him a few times over the years. His is a fascinating story. Well into his 90s, Avnery passed away a few years ago. But Gush Shalom continues its advocacy for peace and a two-state solution.

After the so-called peace deal between Morocco and Israel was announced, I received an email from ADAM KELLER, a co-founder with Avnery of Gush Shalom, strongly condemning the deal.

So I reached out to Mr. Keller to get the side of the Israel story that the corporate mainstream media doesn’t report.

Mr. Keller has a thick accent, but I took great care to edit the interview to make it as easy to understand as possible. I hope you’ll give it a listen. Their position is not an isolated one. As I told him, just as I have nothing but contempt for the administration currently in power over here, I know that there are many Israelis equally horrified by the Netanyahu regime.

It's now also apparently the end of the line for Netanyahu's government! We taped that interview two weeks ago. I got another email from Adam on 12/26 that reads...

"Since we talked, events moved fast in Israeli politics. The Knesset was dissolved and we go to new elections --- the fourth time in the past two years. There is a concrete chance of getting rid of Netanyahu - but a real danger that he will be replaced by Gideon Sa'ar, a politician who is a bit less of a demagogue than Netanyahu but at least as right wing. In American terms, that would be like getting rid of Trump and instead getting George W. Bush...

Anyway, the next few months are going to be interesting, one way or another..."

Misery loves company, I suppose.

And we’re at the end of the 2020 line too, thankfully. I made a concerted decision not to produce a Year in Review show this year because, well, 2020. Enough said.

But I always look forward to Dave Barry's year-end missive. One of the few good things about living in South Florida is that Dave Barry, Carl Hiaasen and Leonard Pitts are columnists based at the Miami Herald.

Dave Barry's 2020 Year in Review is too long for me to read in its entirety. But I ended the show with a reading of one pitch-perfect section, the part he calls MARPRIL. Just think back to March and April and you’ll understand...

And I've now reached the end of this post. Thanks to Brad and Desi for trusting me with their show, and thanks to you, Brad’s readers and listeners, for welcoming me into your ears.

Here's wishing us all a return to decency, normalcy and democracy in 2021. Happy New Year!...

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Guest: Heather Digby Parton of Salon and Digby's Hullabaloo...
By Brad Friedman on 12/23/2020 7:48pm PT  

Our long national nightmare may be over in about 28 days...but it ain't over yet. Not by a long shot. And, as detailed on today's BradCast, it's becoming more unnerving by the second, with Donald Trump's mental health seemingly devolving rapidly with each and every one. [Audio link to show is posted below.]

Curiously, corporate media are sounding more and more like The BradCast with each passing day. Among the stories underscoring that point as Trump's days in the White House continue to wane (whether he is able to admit that out-loud or not)...

  • "Trump turns on everyone," reports Jonathan Swan at Axios. "Everyone" now appears to include "Vice President Pence, chief of staff Mark Meadows, White House counsel Pat Cipollone, Secretary of State Pompeo and Senate Majority Leader Mitch McConnell." (With a hat-tip to Lincoln Project, for their video getting inside Trump's head regarding Pence);
  • Pentagon Correspondent Barbara Starr reports anxiety is rising at DoD, with one officer telling her "We don't know what he might do" in these final days. They were particularly alarmed after talk from disgraced and pardoned former National Security Advisor, Lt. General Michael Flynn's call for Trump to invoke Martial Law and order the military to "re-run" the election in some states that Trump lost. The military, according to Starr, wants nothing to do with any of it. We hope her reporting is accurate;
  • Amid all of this, Trump unleashed another wave of Presidential pardons for his friends and the friends of his friends on Tuesday night. This time for 4 war criminals charged with murder for carrying out a massacre of Iraqi civilians while employees for Blackwater, the mercenary company owned by Eric Prince (brother of Trump's Education Secretary, Betsy DeVos); 3 corrupt, felonious Republican former Congressmembers (including the first two members of Congress to endorse him, Chris Collins of NY and Duncan Hunter, Jr. of CA); and 2 Campaign staffers who plead guilty to felonies tied to the Robert Mueller Special Counsel probe into Russian interference during the 2016 election. (And, after getting off air tonight, Trump has issued still more pardons for still more of his friends, including for his former campaign manager Paul Manafort, former campaign advisor Roger Stone, and for Charles Kushner, father of his son-in-law Jared, all convicted of multiple felonies);
  • But wait, there's more. Much more! During an unhinged, pre-taped White House video posted to Twitter last night, Trump threatened to veto the $900 billion COVID relief bill attached to the government's must-pass annual spending bill to avoid shutting down again. The long-overdue emergency relief was finally passed by Congress after eight months of Trump refusing to participate in negotiations. He's now pretending to be upset that stimulus checks to be sent to many Americans will only be $600. Congressional Republicans and White House negotiators insisted it could be more no more than that. But Trump now suggests he may veto the measure unless payments are increased to $2000. Dems, who had been trying to increase the amount of payments for months immediately joined Trump's call. Congressional Republicans (and the two incumbent Republican Senators running in the January 5th runoffs) are apparently furious, confused, and not sure how to fulfill the demands of their Frankenstein's monster;
  • And, just before airtime, Trump vetoed another long-negotiated must-pass bill, the $790 billion Military Authorization spending bill which was enacted last week by veto-proof majorities in both houses of Congress;
  • That's only a taste of what, according to the Washington Post today, has now "plunged" the GOP "into open warfare over President elect Joe Biden's election victory --- with President Trump taunting Senate Majority Leader Mitch McConnell and threatening primary challenges against other Republicans, House lawmakers egging on senators to contest the counting of electoral college votes next month, and senior GOP senators rebuffing that effort as a pointless political exercise";
  • All of which, as the New York Times reports today, has resulted in Trump at the "most unleashed...and...most unpredictable point in his presidency," while he is desperately "focused on the one area in which he is powerless to get what he wants: a way to avoid leaving office as a loser";

With that nightmarish backdrop, our guest today, HEATHER DIGBY PARTON of Salon and Hullabaloo joins us to explain why Trump's final days are "more frightening than Nixon's" as he "seems to be having a very public nervous breakdown."

"We knew he wasn't going to act like a normal President and be gracious and have Biden over coffee. I didn't expect that," she tells me. "But this? He's so incredibly afraid of being called a loser that he's turned himself into the greatest sore loser in world history!"

"He's clearly melting down," she adds. "As far as I am concerned, when you have a President who is melting down, who has this capacity to launch a nuclear war, we're in a very dangerous situation."

She also has a number of thoughts on where this all goes "beyond Trump," after the (theoretically) inevitable Inauguration of Joe Biden, if we manage to get there. "The rationalization of these people. The brain-poisoning...The absolutely servile Republican Party that has completely abdicated all responsibility," observes Parton. "He is the Republican party. They are part of it, if they choose to be. But there is no Republican Establishment. There's only him."

This, she cautions, is "Trump's last stand," before adding ominously: "At least, we think it is."

We've tried to touch base with Parton at many of the landmark moments throughout the nightmarish Trump Presidency (and candidacy --- she was also with us the day he descended the gilded escalator at Trump Tower to announce his run for office in 2015.) So, with all of this madness swirling and our long national nightmare before Christmas continuing, it seems like today was another perfect moment to check in with her for our last interview before standing down for the holidays. (Don't worry! Nicole Sandler will be in for us with fresh shows next week! So please stay tuned in!)

Finally, with the critical U.S. Senate runoffs in Georgia now underway, and control of the U.S. Senate hanging in the balance --- (we also discuss with Parton what the January 5 Election Day in GA could mean for the January 6 affirmation of Biden's Electoral College win in Congress on January 6) --- we close with a new tune from Patty Austin with a very important message for our friends in the Peach State: "Georgia, You're Voting for Me Too!"...

Download MP3 or listen to complete show online below...

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Also: Contest filed in Iowa U.S. House election with 6-vote margin; Newsmax cracks under legal threat from voting machine company...
By Brad Friedman on 12/22/2020 8:12pm PT  

Well, the good news on today's BradCast, is that he won't be California's Secretary of State anymore. [Audio link to show follows below summary.]

Gov. Gavin Newsom has announced he is appointing his long time friend, CA Sec. of State Alex Padilla, to fill the seat being vacated in the U.S. Senate by Vice President-elect Kamala Harris. The ambitious Padilla has risen up through the ranks of CA politics, from the Los Angeles City Council to the State Senate to becoming a twice-elected SoS, and now to his appointment to the U.S. Senate. He will serve out the rest of Harris' term through 2022 as the state's first Latino Senator.

In his official announcement today, the Governor detailed a long list of accomplishments by Padilla during his career in the Golden State. In turn, we share a number of Padilla's disturbing failures both before and during his tenure as SoS, as we have covered at The BRAD BLOG over the years. In 2013, for example, while he was still a state Senator, we highlighted Padilla's dishonest and misleading campaign for a major election reform bill (SB 360) which ended the long-standing requirement for federal testing and approval of new voting systems in the state and transferred sole power for certification testing and approval of new systems to the SoS. As it happens, Padilla was the leading candidate for the office at the time and eventually became SoS in 2014.

In selling the measure to the public and the media --- it was eventually passed along partisan lines in the CA legislature and signed by then-Governor Jerry Brown --- Padilla claimed the bill was needed to allow counties in the state to create and own their own voting systems. "Allowing counties to develop, own and operate voting systems will increase voter confidence in the integrity of our elections," he told the public. The remarks echoed his early announcement of the bill [PDF] in which he deceptively explained that "A public voting system will be more transparent, instill public trust and be more accountable than our current systems."

At the time, Los Angeles County had been developing a new, 100% unverifiable touchscreen voting system. It was finally implemented (disastrously) for the first time this year. What Padilla failed to make clear in his deceptive sale of SB 360 was that L.A. County had already owned its current voting system at the time, and didn't need the radical new measure to do so. While Padilla's office had initially asked for our input on SB 360, they stopped communicating with us entirely once we asked about his dishonest sales pitches.

Moreover, after 10 years in development, when L.A.'s new, $300+ million voting system was found to be in violation of more than 40 California Voting System Standards late last year, Padilla certified it for use anyway, rather than simply mandating verifiable hand-marked paper ballots for every voter in the nation's most-populous County. The first roll-out of L.A.'s Padilla-approved "Voting Solutions for all People" (VSAP) system was a disaster during this year's March 3rd Super Tuesday primaries. Problems cited by testers (but ignored by Padilla) contributed to long lines for voters that stretched, in some cases, until after midnight. The same failed systems were again re-certified for use in the general election, though they fared better overall with much less use after the Governor mandated absentee ballots to be sent to all registered voters in the state during the pandemic.

Those are just some of the concerns that Election Integrity advocates in the state have had about Padilla. But the good news is that he'll likely be a reliable Democratic place-holder vote in the U.S. Senate while, perhaps, a more competent Sec. of State can be named to replace him in the Golden State. We'll see.

Also today, Rita Hart, Iowa's Democratic former state Senator and 2020 U.S. House candidate in the state's 2nd Congressional District, filed an election challenge in the House under the Federal Contested Elections Act. Iowa certified Hart's Republican opponent, Mariannette Miller-Meeks, as the winner of the open seat by just 6 votes out of nearly 400,000 cast in the November election. Hart's contest, however, notes that at least 22 legally cast votes for her were wrongly excluded from the final tally, including many which state election officials agree were lawfully cast but excluded from the count because they were discovered after the initial canvass. State law bars the inclusion of such ballots in the final tallies. She also argues that the state recount which narrowed the margin from 47 votes to 6 --- and included a number of major counting errors along the way --- was unconstitutionally conducted, as the 24 counties of the District used disparate counting methods. Some used machines, others hand-counted, others used a combination of both. She is seeking a full, uniform hand-count by the Government Accountability Office and hopes to eventually be seated by the Democratic-majority U.S. House Administration Committee under the Act. The investigation is likely to take months.

In other elections-related news today, rightwing propaganda outlet Newsmax joined fellow rightwing propaganda outlet Fox "News" on Monday by attempting to walk back their false assertions regarding the private elections vendors Smartmatic and Dominion Voting Systems. The two competing vendors have been targeted with baseless, evidence-free claims by Team Trump attorneys and others from the MAGA Mob --- which have been shared and parroted by both outlets, as well as One America News (OAN). Last week, Smartmatic sent a legal threat, demanding retraction for the outlets' claims that Smartmatic was involved with Dominion in a worldwide conspiracy --- with Venezuela and its dead President Hugo Chavez, China, Cuba, the Clinton Foundation and George Soros, among others --- to flip the results of the election and steal it from Donald Trump in several swing-states. As we explained recently, the baseless allegations are taken, in part, from my own accurate investigative exclusives about the ownership of Dominion and Smartmatic from more than a decade ago.

In response to the possibility of facing a defamation lawsuit, over the weekend Fox "News" ran a bizarre, three-minute segment on shows hosted by rightwing conspiracists Lou Dobbs, Janine Pirro and Maria Bartiromo, featuring a disembodied voice asking questions of Eddie Perez of the Open Source Election Technology foundation. Perez, who has recently been a guest on our show, is seen denying largely all of the claims that the wingnut outlets have been making to advance Trump's false claims that he won the election.

On Monday, Newsmax joined Fox by running its own version of an attempted retraction, to "clarify" that, in fact, they have absolutely no evidence to support myriad claims the stations has aired regarding Smartmatic and Dominion during the weeks since Election Day. The "clarification" will supposedly run across all Newsmax shows, according to its CEO and longtime Trump supporter, Chris Ruddy. Given that Smartmatic has hired one of the nation's top defamation attorneys --- who won a case for $177 million in 2017 --- its little wonder that both outlets are now running very scared. We'll see if OAN buckles soon as well, in the face of someone attempting to hold them accountable for countless lies meant to undermine our democratic system in support of Trump's attempt to steal the election from Joe Biden and the American people.

Finally, Desi Doyen joins us for our last Green News Report of 2020! As Biden-Harris round out their historic climate team nominations; long-overdue climate legislation is included along with Congress' long-overdue COVID emergency relief package; and as the Trump Administration triumphantly ends the tyranny of efficient showerheads....

Download MP3 or listen to complete show online below...

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Guest: The American Prospect's David Dayen; Also: Election chaos at White House; Barr nixes Special Counsel probe of 2020 'fraud'; Fox 'News', running scared, debunks self after legal threat from election vendor...
By Brad Friedman on 12/21/2020 7:37pm PT  

On today's BradCast: Donald Trump's days in the White House are ending, but his response to that reality (and the reality of the most devastating hack of the U.S. government ever) is becoming more manic and desperate by the day. But at least, after nine months, Republicans have seen fit to allow some much-needed, long-overdue financial relief for sick, dying and desperate Americans as both Trump and the GOP's failed response to the pandemic has killed more than 316,000 Americans and may finally be catching up to them politically.

There was reportedly shouting and chaos --- even more than usual --- at the White House over the weekend, as Trump and his clown car friends and attorneys met to propose last gasp efforts to somehow steal and/or undermine the 2020 election. Trump's disgraced former National Security Advisor Michael Flynn --- recently pardoned by Trump for lying to the FBI --- is said to have called on the President to declare martial law to allow the military to re-run the Presidential election in swing-states that Trump lost; Team Trump attorney and professional conspiracy theorist Sidney Powell sought to be appointed as a Special Counsel to investigate 2020 "fraud"; and Team Trump's other corrupt, nut-ball attorney, Rudy Giuliani, reportedly wanted DHS to impound voting machines from battleground states for some reason. Trump's very Trumpy White House staff reportedly pushed back on all of those ideas, incredibly enough, and his outgoing Attorney General, Bill Barr, whose last day at DoJ is Wednesday, said in his final presser as AG on Monday that he saw no reason to appoint a special counsel and no legal grounds for the federal government to seize voting machines.

As that played out, over in the Senate, Mitch McConnell, who had refused to even negotiate with Democrats on a new COVID relief bill for the past nine months following the passage of the initial $2.2 trillion CARES Act in March, finally relented to allow another round of relief --- albeit much smaller --- to be adopted by Congress. That, following more than 16 million infections, hundreds of thousands of deaths and an economy in tatters. The $900 billion package he finally agreed to includes one time $600 payments for many Americans and extends unemployment insurance which runs out entirely by the end of the year, as tens of millions of Americans are now out of work due to the Administration's wildly mishandled pandemic. The package also includes nutrition assistance for the hungry, another round of the Paycheck Protection Program (PPP) for small businesses, money for hospitals and vaccine distribution, and even rent assistance, for the first time, among other things.

It's not nearly enough, says our guest today. But it's something, and it includes "nothing objectionable," at least for the most part. We're joined today by The American Prospect's Executive Editor, investigative financial journalist and author DAVID DAYEN, for details on the measure which he has been covering in-depth for months in his daily, indispensable "UNSANITIZED" report. Dayen explains what's in the bill and what is not, and why that is, along with why it is that McConnell even allowed the measure to come up for a vote at all after months of refusing to do so.

He argues that It's all about the January 5th U.S. Senate runoffs in Georgia, which will determine control of Congress' upper chamber for the next two years. "Mitch McConnell's Senate majority was on the line if he didn't get something done," says Dayen. "If McConnell manages to win at least one of those races in Georgia, he's going to be in control again. Joe Biden will be President, and every dollar that Mitch McConnell agrees to put into the economy is a dollar that helps Joe Biden."

"The question of how 'Not Enough' this bill is entirely is predicated on how fast we can vaccinate people," Dayen explains. "If we can vaccinate everyone by April, then we're probably going to get a rickety but sufficient bridge." But, he adds, if Biden's incoming Surgeon General is right when he noted over the weekend that "we won't get widespread availability of the vaccine until early Fall, then we're in big, big trouble. Because there's no more must-pass bills. The government is now funded through September of next year." That, Dayen notes, means that there is little if any leverage for Democrats to force Republicans to act on behalf of the American people.

"Democrats had to take out grants for state and local government relief," to get this bill passed, he tells me. "So when we get into next year, cities and states that have had these tremendous budget shortfalls, they are the ones who have to figure out how to fill that shortfall when they have no help from the federal government coming. It's likely going to result in cuts to public safety, teachers, firefighters, and public employees and not filling your potholes --- all sort of things at the local level that are going to have to be foregone because there is no money available. Mitch McConnell knows this, [and] that it could have the effect of offsetting any kind of recovery efforts at the federal level. We saw that in 2009. That stunted the overall recovery of the economy, and we're walking into it again." And with McConnell's eyes on 2022, he's likely just fine with that.

All of this underscores the importance of those two U.S. Senate runoffs in Georgia in January, and that Democrats Raphael Warnock and Jon Ossoff ought to be reminding voters every day that if they want any real relief from the federal government for the economic disasters that are almost certain to worsen due to all of this, they must elect both of them to give Senate control to the Democrats under a Biden Administration.

Finally, we've been reporting over the past week on two voting machines companies who have been threatening defamation lawsuits against Rightwing media outlets and the Team Trump attorneys who have been offering false claims that the companies were somehow involved in stealing the election for Joe Biden by flipping votes cast for Donald Trump. Last week, Smartmatic, which has no voting systems in any of the swing-states where Trump is trying to reverse his losses to Biden, threatened rightwing propaganda channels Fox "News", Newsmax and One American News Network (OANN) with defamation suits. They were sent a letter to instruct them that they would be sued if they did not retract false claims about the company, including allegations (apparently bastardized from our original, accurate investigative reporting from 10 years ago) that Smartmatic was somehow working with Venezuela's dead President Hugo Chavez and George Soros, along with the company's competitor Dominion Voting Systems in an international conspiracy to steal the election for Biden.

A day or two after Smartmatic's letter, Dominion sent a similar defamation threat letter to Team Trump attorney Powell seeking a retraction for her outlandish, evidence-free claims about the company.

On Friday then, in a bizarre segment on Fox' Lou Dobbs Tonight' --- which looked and sounded a lot like a deposition led by a disembodied off-camera voice --- Eddie Perez of the Open Source Election Technology (OSET) institute (he most recently appeared on The BradCast just a few weeks ago) answered a whole bunch of questions basically disabusing the evidence-free claims about Smartmatic that have been forwarded for weeks on Dobbs' show and many others. Reportedly Jeanine Pirro's and Maria Bartiromo's Fox shows ran the exact same segment with Perez, using almost identical introductions. The segments then led straight to commercial without comment from the hosts.

Fox is clearly terrified, and should be. As the New York Times' Ben Smith reported over the weekend, Smartmatic has retained attorney "J. Erik Connolly, who not coincidentally won the largest settlement in the history of American media defamation in 2017, for at least $177 million."

Download MP3 or listen to complete show online below...

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