Guest: Ernest A. Canning; Also: GOP 'Green Party' dirty tricks in MT's U.S. Senate race; And, the movement to repeal the 2nd Amendment...
By Brad Friedman on 4/6/2018, 6:24pm PT  

On today's BradCast: GOP dirty tricks in Montana; why an alleged torturer should be imprisoned rather than promoted to CIA chief; and, abolishing the 2nd Amendment all together. [Audio link to show follows below.]

First up: Senate Majority Leader Mitch McConnell admitted this week that stealing a Republican majority on the U.S. Supreme Court was his crowning achievement after three decades in Congress. But he's not done packing the federal courts just yet for another generation, which underscores his urgency in trying to hang on to the GOP's thin majority in the U.S. Senate this November.

That may also help to explain the bizarre situation in Montana's U.S. Senate race, where the GOP appears to have ginned up a fake Green Party candidate who was previously on the state Republican Party's payroll, in hopes of siphoning votes away from Democratic Sen. Jon Tester in an otherwise very Trumpy state. (But did the Dems do something similar in supporting a Libertarian candidate for the U.S. Senate back in 2012, the last time Tester was on the ballot?)

Meanwhile, the Senate returns from their recess next week, and will soon begin confirmation hearings for a number of recent high-level Trump cabinet and executive agency nominees. Among them is Gina Haspel, the CIA's Deputy Director who has been tapped to take Mike Pompeo's spot as CIA chief (after Pompeo was nominated to become the new Sec. of State following Trump's firing of Rex Tillerson.)

Haspel, however, was the CIA's chief of a secret U.S. prison in Thailand following the 9/11 attacks, where a number of terror suspects were tortured in 2002, in violation of long-held international treaties, to which the U.S. has been a party, at least, since the days of Ronald Reagan. She also reportedly signed off on the destruction of the video-taped evidence that documented the horrific torture by the U.S. at that prison.

We're joined today by ERNEST A. CANNING, attorney and longtime BRAD BLOG legal analyst, for whom the matter of someone alleged to have overseen torture becoming the next CIA director is very personal.

Canning's father, as he detailed in a recent article, was imprisoned and waterboarded by the Japanese during WWII, before testifying against his torturers during the war crimes trials held by the Allies after the war. We discuss what happened to his father at the hands of the Japanese command of the notorious Bridge House prison, why the U.S. has long held torture to be a violation of international law, and how the Democrats' failure to demand accountability of Bush-era torturers has resulted in Haspel's nomination, rather than imprisonment.

He explains that while the Japanese general in charge of the notorious Shanghai prison "did not personally take part in my father's torture, he was sentenced to a life sentence under a principle called 'command responsibility'. He had command responsibility over the people who were carrying out torture in an agency that he was responsible for. And if you use that same principle of 'command responsibility', which remains viable under intentional law today, Gina Haspel should be in prison. She should not be coming before the Senate to be confirmed as the CIA's next director. And, I think it's a slap in the face of everybody who has ever undergone such horrific treatment that Donald Trump would nominate her."

(Also, just to lighten things up a bit, I also get Ernie's take on Trump's asinine and evidence-free reiteration in West Virginia on Thursday, that millions of fraudulent votes accounted for his 3 million vote loss to Hillary Clinton in the 2016 popular vote count.)

Finally, a federal judge in Massachusetts on Friday upheld the state's ban on military-style assault weapons. And we share some listener mail in response to retired U.S. Supreme Court Justice John Paul Stevens' op-ed last week, wherein he suggested that it's time to repeal the 2nd Amendment to the U.S. Constitution...

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