It's still unclear what it will take for House Speaker Nancy Pelosi to allow her caucus to begin impeachment proceedings for the most impeachable President in history. But each day that goes by, each rule of law that Trump and his Administration undermine, each norm they violate, each tradition they shatter, each Constitutional clause they scoff at, seems to make her inaction more untenable by the day. But we press forward as the lawsuits pile up, subpoenas are defied, new ones are issued, and the American public wonders how we will ever find our way out of this mess. Those thoughts seem to underscore each of the many stories we cover on today's BradCast. [Audio link to show follows below.]
Among those many stories...
- The U.S. 2nd Circuit Court of Appeals in New York on Tuesday unanimously confirmed a lower court ruling that Donald Trump violated the Constitution's First Amendment by blocking followers on Twitter with whom he disagreed, since he uses his personal account for governmental purposes. We wonder if Alabama's Republican Sec. of State John H. Merrill, who blocked me and election law experts like UC Irvine's Rick Hasen and University of KY's Joshua Douglas on Twitter long ago, is ready to rethink his position, or if we can expect more crazy responses from Merrill by email and phone like the last time we asked about this when the lower court first ruled in favor of plaintiffs;
- Billionaire two-time, self-funding, third-party Presidential candidate Ross Perot, who first ran for President in 1992, has died at age 89;
- Billionaire self-funding environmental and impeachment activist Tom Steyer of California declares his run for the 2020 Democratic Presidential nomination, after previously stating he wanted to focus on impeachment of Donald Trump instead. His announcement video released today describes the desperate need to get corporate money out of politics, but Steyer is also reportedly very unhappy with the speed with which Congressional Democrats are plodding toward impeachment of our scofflaw President;
- Similarly unhappy with the lack of accountability being brought by Democrats is now-former Tea Party Republican Justin Amash, Congressman from Michigan who, last week, declared he was leaving the GOP. Over the weekend Amash blasted Democrats, specifically Nancy Pelosi, for failing to take appropriate action to begin impeaching Trump. Until leaving the party last week, Amash was the only Republican in Congress to call for impeachment proceedings and he remains one of the best advocates for same from either major party. During his interview with CNN's Jake Tapper, Amash also said that high level Republicans had privately thanked him for his outspoken stance against Trump and that he remains open to the possibility of running for President on the Libertarian Party ticket next year;
- But if Democrats are still unwilling to play the type of hardball demanded by this moment in history, the Trump Administration isn't shying away from it. Following U.S. Supreme Court Chief Justice John Roberts' recent rejection of the Administration's "contrived" reason for adding a question about citizenship to the 2020 U.S. Census, the Dept. of Justice announced on Sunday that they would be replacing the entire legal team that had defended the Government in several different cases on the matter over the past year. Many of those career DoJ attorneys, it is speculated, refused to proceed after they already officially informed a federal judge that the Census was being printed, as of the July 1 deadline, without the question included. But that was before Trump tweeted that the official announcements from DoJ and the Census Bureau were "fake" and demanded that his Government find a way to include the question anyway. Former U.S. Attorney and Acting Solicitor General Neal Katyal says we've "never seen anything like this", describing the DoJ move to replace all of the attorneys en masse as "the canary in the coal mine". But today, mid-show, after the ACLU challenged the nearly unprecedented removal of the DoJ legal team, a federal judge ruled the Government may not remove them from the case --- at least until they offer the court an explanation for the unusual move;
- And while it may not (yet) be impeachment, Congressional Democrats are moving ahead with their legal strategy to challenge the Administration in court. On Monday, they issued subpoenas to a number of Trump's businesses as part of discovery in a lawsuit alleging that Trump is in violation of the Constitution's Emoluments Clause, thanks to money received from foreign governments to his various businesses which he refused to divest from after being elected President. The DoJ, on Trump's behalf, is trying another extraordinary maneuver, in defiance of the lower court judge, by filing an appeal to block those subpoenas at the D.C. Circuit Court of Appeals before the case has even been resolved at the trial court level;
- And in the House Judiciary Committee, Democrats announced plans this week to authorize new Congressional subpoenas for a bevy of current and former high profile former Trump officials, including former Attorney General Jeff Sessions; former National Security Advisor Michael Flynn; former White House Chief of Staff John Kelly; former Deputy AG Rod Rosenstein; Senior WH advisor and Trump son-in-law Jared Kushner; former Trump campaign manager Corey Lewandowski; and the head of the company which owned the National Inquirer, David Pecker. The subpoenas, to be formally voted on by the Committee on Thursday, are in response to Special Counsel Robert Mueller's report and hush-money payoffs made by the President, as well as Trump's border policies and reported promises of pardons to officials willing to violate the law on Trump's behalf;
- Finally, Desi Doyen joins us for the latest Green News Report, on the day after Washington D.C. received a record four inches of rain --- a full month's worth --- in a single hour, while Donald Trump actually gave a speech meant to tout his Administration's (horrific) environmental record...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)