Guest: BRAD BLOG legal contributor Ernest A. Canning; Also: Trump co-defendants begin surrenders on 2020 election theft RICO charges in GA...
By Brad Friedman on 8/22/2023, 6:31pm PT  

There is no small amount of irony throughout today's BradCast, as Republican lawmakers threaten to impeach a newly elected state Supreme Court Justice just days after she was sworn in. Do they think we don't remember how they pretended to be outraged(!) in 2020 and 2021, charging Democrats were offending voters with attempted "election nullification" by twice impeaching the former President at the end of his four-year term?

Before we get to that mess in Wisconsin today, speaking of The Former Guy, two of his co-defendants in his fourth criminal indictment of the year (the RICO case in Georgia for his attempted to steal the 2020 election there) surrendered at a Fulton County jail on Tuesday. John Eastman and Scott Hall both turned themselves in after arranging to be released on bond after booking.

Eastman is the far-right Trump attorney and architect of the unlawful/unconstitutional failed scheme to have then Vice President Mike Pence toss out legitimate Electoral College votes on January 6th, 2021. Hall, little known to most of the nation but well known by now to longtime BradCast listeners, is the Atlanta bail bondsman (well, that'll come in handy!) who confessed to frequent guest on this program, Marilyn Marks of the Coalition for Good Governance, that he helped run the unlawful MAGA breach of Georgia's sensitive voting system hardware and software in Coffee County, GA on January 7th, 2021.

Marks had the wherewithal to record Hall's phone call to her. We aired it for the first time on this program last year and have been closely covering the Coffee County breach ever since (even as GA Sec. of State Brad Raffensperger appears to still be covering it up.) That scheme, part of a multi-state conspiracy, was allegedly hatched in Trump's Oval Office in December of 2020, and paid for by another co-defendant, Trump attorney Sidney Powell, and plays a key role in the 41-count grand jury RICO indictment [PDF] secured last week by Fulton County D.A. Fani Willis. More surrenders, including Trump's own, are to come this week before the Friday deadline, after which Willis has vowed to seek arrest warrants.

As that plays out in the Peach State, desperate Republican lawmakers in the Badger State may be seeing the writing on the wall. Their 15 years of autocratic, partisan gerrymandered majority rule of both chambers of the Wisconsin state Legislature may finally be coming to an end following the statewide landslide election victory last April of Janet Protasiewicz to the state Supreme Court.

On August 1, Justice Protasiewicz was finally sworn in (as pictured above), giving liberals on the High Court a 4 to 3 majority for the first time in some 15 years. The next day, August 2, the first of two petitions was filed with the Court seeking a ruling that the GOP's extreme partisan gerrymandered Legislative maps for both the state Assembly and Senate are unlawful violations of the state's Constitution. Plaintiffs seek not only new, fair maps in advance of the 2024 elections, but they are also asking the Court to order an emergency special election for all seats in the Senate next year. According to plaintiffs, current office holders "lack legal entitlement" to hold those seats due to the unlawful maps in place since 2011, as first approved by the state's hard-right radical then-Governor Scott Walker.

Republicans are both furious and terrified about the two new lawsuits filed by voters, leading current, far-right Assembly Speaker and autocracy fan, Robin Vos (arguably one of the biggest benefactors of the states "rigged" maps), to float the idea of impeaching Protasiewicz if she fails to recuse herself from both cases. Vos argues that, during her campaign earlier this year, Protasiewicz "prejudged" the cases by describing the obviously unfair maps as both unfair and rigged.

There are a whole bunch of problems with Vos' argument, one that was laughably shared in a recent "intemperate dissent" penned in response to these cases by Walker-appointed Justice Rebecca Bradley.

Longtime BRAD BLOG legal analyst ERNEST A. CANNING has been closely following and writing about the matter. He joins us today to detail the allegations against Protasiewicz, the hypocrisy of Bradley, and the constitutional crisis that could occur in the Badger State if Vos moves ahead with impeachment and removal by the state's Republican gerrymandered Assembly and Senate.

"For the Republicans to hold on to a 2/3rds majority in the Senate, even when they received as little as 45% of the vote, tells you what they've done. This is a deeply anti-democratic project," Canning explains. "If they're willing to impeach simply to hold on to power, that in itself is a direct assault on democracy. Particularly when you consider the argument that they really don't have a legal basis for the seats they are holding right now."

We also share a comment today on this entire fine mess from friend of the show, national affairs correspondent at The Nation and WI favorite son, John Nichols.

Finally, Desi Doyen joins us for our latest Green News Report as hurricane season suddenly kicks into full gear in the U.S., wildfire season continues unabated across Canada, and extreme drought partially shuts down operations at the Panama Canal. Also, before we close today, some grim news out of this year's climate change-fueled wildfires in Greece, and a quick update on Wednesday night's upcoming "Trump-free" 2024 Republican Presidential debate in Milwaukee...

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