Our guest today, the former U.S. House Judiciary Committee's longtime General Counsel warns on today's BradCast, that we are already in the midst of a Constitutional Crisis and that what is happening now is far worse than anything he ever encountered during his many years in that post, even during the then-unprecedented corruption of the George W. Bush Administration. [Audio link to full show is posted below.]

But first up today, some good news and bad for voters before 2020 out of two key battleground states. In Ohio, the good news is that a three-judge panel of federal judges on Friday unanimously found the Buckeye State's Congressional maps to be an "unconstitutional partisan gerrymander" and has ordered, via its 301-page ruling [PDF], for new maps to be drawn for use before the 2020 elections. The panel of two Dems and one Republican-appointee determined that the state's GOP-led legislature packed the majority of the state's Democratic voters into just four districts after the 2010 Census to guarantee Ohio's Congressional legislation would retain a 12 to 4 GOP advantage. Republicans have successfully held 75% of that delegation over the past decade despite receiving just more than half of the state's Congressional votes.

State Republicans vow to appeal, as the nation awaits next month's opinion from the U.S. Supreme Court on similar partisan gerrymandering cases in North Carolina and Maryland. A three-judge federal panel last week in Michigan similarly ordered new maps there before 2020 after finding GOPers in that state used a similar tactic to disenfranchise voters. Unconstitutional GOP partisan gerrymanders were also determined by federal courts to have been in place in Wisconsin and Pennsylvania for the past decade.

The bad news for voters today comes from Florida today, where the state's GOP-dominated legislature has adopted a bill to undermine Amendment 4, the landmark ballot measure voters adopted by nearly 65 percent last November to restore voting rights to some 1.5 million former felons in the state who had completed their sentences as well as all parole and probation. Passed along party lines, state lawmakers changed the definition of sentencing to include the payment of all court-imposed fines and fees. The result: Those former felons who have money will be able vote, those who do not, won't. Once signed by the state's Republican Governor, as expected, lawsuits will almost certainly be filed by voting rights advocates to challenge the new law that appears to rewrite Amendment 4 which had ended Florida's shameful lifetime ban on voting by former felons, including more than 20 percent of the state's African-American population.

Next, we are looking for answers today about what is happening and what may come next as the Trump Administration and its new Attorney General and "fixer" William Barr harden their obstruction of all Constitutional oversight by Congressional Democrats. We are joined today by attorney TED KALO, a 14-year veteran of the U.S. House Judiciary Committee, where he served as General Counsel for his last 10 years there before leaving for private practice in 2011. Our conversation comes on the heels of Barr's astonishing testimony before the Republican-controlled Senate Judiciary Committee on Wednesday and his refusal to appear before the Democratic-majority House Judiciary on Thursday. That, after the Dept. of Justice's failure to respond to a Wednesday subpoena deadline from the House panel to turn over a full, unredacted version of Special Counsel Robert Mueller's report and its underlying evidence, and after revelations that Barr appears to have lied to Congress in previous testimony concerning Mueller's view of Barr's public representation of the report's conclusions during the month before Barr finally released a redacted version.

Kalo tells me what is likely to happen next if Barr misses a final Monday deadline, offered in a good faith, last attempt letter sent by House Judiciary Chair Jerrold Nadler on Friday in hopes of avoiding contempt proceedings against the nation's top law enforcement official.

The reason why Barr supposedly skipped Thursday's House hearing was because the Committee had determined to allow staff counsel from both parties to question the Attorney General along with members, which Kalo says is "not unusual at all". He cites, for example, a similar practice carried out by Republicans "during one of the many investigations of Hillary Clinton's emails," and notes that it is "not uncommon historically" for Congressional committees to use staff attorneys for questioning witnesses.

Kalo details the two possible legal paths should Barr, as expected, continue to refuse to cooperate with the Committee and is found in contempt, including a civil litigation path in federal court, which could take months or years to resolve (though Kalo says there are grounds for courts to hear these matters on an expedited basis) or Congress finding Barr in "inherent contempt". In the latter case, he explains, the House Sergeant-at-Arms could be dispatched to arrest and detain the Attorney General. (Kalo also offers a definitive answer about the jail long said to be available at the Capital Building for such matters.)

"While it's frustrating as hell to watch this play out --- it's so obvious what's going on in plain sight --- as a matter of the goal of getting the information, Congress has to proceed cautiously because of its limited options for enforcing subpoenas," Kalo tells me. Therefore, he explains, Nadler is "bending over backwards to show that he tried his hardest to reach an accommodation with the Executive Branch, with an eye towards future litigation" where the court will see the Administration as "recalcitrant and unreasonable" and find in favor of the Dems.

Among the many other questions answered and/or explained by Kalo, he offers insight into my concerns about whether many of the long-established court precedents that appear to make Trump's legal arguments to block a number of subpoenas look ridiculous could actually be overturned by Trump appointees to the federal bench or even the GOP's stolen majority on the Supreme Court. "I think you're right," he says. "We have a federal judiciary that's been packed by people who start with the political result they want and then work the legal reasoning backwards. I think it's a valid fear that the courts won't follow longstanding precedent," before adding optimistically, that he believes the courts will follow precedent in many of these matters.

I also get his thoughts on Barr's remarkable testimony before the Senate on Thursday, arguing that a President has a legal and Constitutional right to shut down or obstruct a federal investigation looking into his own potential crimes if the President believes, on his own, that he has been unfairly accused. Yes, Barr actually made that argument under oath this week. Kalo calls the theory "ridiculous" and says, "I know of no legal authority for what the Attorney General was saying, and it defies reason." He goes on to explain why.

Finally, he concludes with a chilling note. "It can't be understated that we're in a Constitutional crisis. We're trying to respond to things that we never expected to occur from a President of the United States," Kalo argues, adding that, as dark as those years were when he served as General Counsel for the House Judiciary Committee during the George W. Bush years, what is happening now is worse --- "by far."

I wholeheartedly recommend you tune in for today's complete conversation, as there was much more than I am able to adequately summarize here...

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

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

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

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

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

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

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

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

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IN TODAY'S RADIO REPORT: Climate action is now a major plank for Beto and Booker in the 2020 Democratic presidential primary; New poll shows climate change is a top issue for voters; Jakarta and Washington D.C. grapple with rising seas; PLUS: New York State bans offshore drilling and plastic bags... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): A remarkable political moment for climate change; Interior Dept. loosens regulations for offshore drilling dating from Deepwater Horizon spill; NASA research shows humans have been influencing drought for more than a century; Senators question whether Interior watchdog, solicitor nominees can handle mounting scandals; Aquaculture company pays fine over escaped Atlantic salmon; FWS proposes downlisting beetle in win for oil industry... PLUS: High levels of toxic PFAS chemicals pollute breast milk around world... and much, MUCH more! ...

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

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

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

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

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

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

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

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

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

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