Guest: National Security blogger Marcy Wheeler of Emptywheel; Also: SCOTUS rejects GOP challenge to PA's 2020 election results; GA Repubs move new vote suppression measures forward...
By Brad Friedman on 2/23/2021, 6:45pm PT  

By a number of happily surprising measures, the confirmation of Joe Biden's Attorney General nominee is going very well. Perhaps even better than expected, according to our guest on today's BradCast.  And, best yet, it may even result in some serious consequences for our former President. [Audio link to full show is posted below.]

But, first up today...The U.S. Supreme Court on Monday finally dismissed a bunch of silly and/or meritless MAGA challenges to the 2020 Presidential elections results in Pennsylvania, Wisconsin, Michigan, Georgia and Arizona. But the case out of Pennsylvania, in which dissents [PDF] to its dismissal were offered by Justices Clarence Thomas, Sam Alito and Neil Gorsuch, warrants notice. The case argued that the Pennsylvania Supreme Court, in ordering [PDF] a three-day extension for the arrival of mail-in ballots, prior to the November 2020 election, violated the U.S. Constitution. The PA Supremes found that, given the pandemic and slow-downs in mail delivery by the U.S. Postal Service, the state's deadline for ballots to arrive by the close of polls at 8pm on Election Night violated their own state constitution's mandate for fair elections. The Republican challenge to their ruling charged that the state high court was in violation of a radical interpretation of the U.S. Constitution's Elections Clause allowing "The Times, Places and Manner of holding Elections" for federal office "shall be prescribed in each State by the Legislature thereof".

That, their argument goes, means that only state legislatures may set any provision whatsoever pertaining to elections. Any such procedure set by a Secretary of State or Governor or even a state Supreme Court is therefore unconstitutional on the federal level. Or so the GOP is now claiming. It is, for several reasons, a ridiculous argument. But it is one that has been given new life in the Trump Era as desperate Republicans took their cue from the former President to come up with any reason whatsoever to nullify election results they didn't like.  There are now at least three, arguably four, Justices on our stolen and packed U.S. Supreme Court who appear to buy into the radical argument. Nonetheless, the case was dismissed on Monday on the grounds that the matter was moot. (There were about 10,000 late arriving ballots in PA last November, and Biden won the state by about 80,000 votes.) But, without an election hanging in the balance, the dissenters noted that this case would have been an ideal moment to settle this matter. Oddly enough, I actually agree on that last point with Thomas, Alito and Gorsuch, and we discuss why on today's show.

That, as GOP-controlled legislatures around the country continue to move forward with new voter suppression schemes following their loss on the Presidential level in 2020. Today for example, Georgia's Republican-majority Senate approved a measure that would require a copy of a Photo ID to even request a mail-in ballot. And that's just the start of what the state's wingnut legislature is now up to, after having recently lost the Presidential race and two U.S. Senate seats in the Peach State.

All of which underscores again the critical need for Congress to pass HR-1, the "For the People Act," which would go a long way toward blocking the new GOP attacks on the right to vote. To do that, of course, Democrats in the Senate will need to end the filibuster. And to do that, Democratic Senators Joe Manchin and Kyrsten Sinema will have to come to understand how they are allowing these overt attacks on democracy itself to worsen at the state level, as they protect the undemocratic Jim Crow-era filibuster.

Then, we're joined by longtime national security and accountability blogger MARCY WHEELER of Emptywheel, who has now moved to Ireland for reasons that she explains on today's program. The real reason we wanted to catch up with her, however, is to discuss the ongoing confirmation process for Biden's AG-designate Merrick Garland --- who completed his GOP-stalled second day of testimony in the U.S. Senate on Tuesday and to discuss Monday's unanimous ruling by SCOTUS that Trump's financial documents must now be handed over to the Manhattan District Attorney, Cyrus Vance, Jr., for his criminal probe into alleged tax, bank and insurance fraud by Trump and his organization, as well as the unlawful conspiracy he directed involving hush money payments to porn star Stormy Daniels before the 2016 election.

Is Trump soon to face very real accountability that could actually include jail time? Whether it's in the New York state case, another criminal investigation into his election interference in Georgia, or even under AG Garland's promised federal response to the conspiracy to take over the U.S. Capitol on January 6th?

Wheeler has lots of thoughts on all of the above on today's BradCast --- and you probably won't be angry about (most of) them. I'll share just one of them for now here, regarding those charged for conspiracy for the January 6th attack on the U.S. Capitol: "All of these defendants, one after another, saying 'I was just swept up by the inflammatory language of the then-President. That may be true, but it doesn't get them off for the crime. But if one after another are saying 'Trump made me do it,' then at some point you've got to respond to that."

Now may be a good time to brush up on the legal meaning of the phrase "seditious conspiracy."

Finally, we close with Desi Doyen and our latest Green News Report, on the continuing fall out from the Texas power and water failure over the past week, the fossil fuel-funded GOPers who lied about it, and the not-a-moment-too-soon official U.S. return to the Paris Climate Agreement...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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