Hey! Another busy day on The BradCast! What are the odds? [Audio link to full show follows this summary.]
No, you’re not hallucinating. Former Special Counsel Jack Smith did testify previously before the U.S. House Judiciary Committee. It was back in December last year. But it was a closed-door hearing with mostly Committee attorneys on the Republican side doing the questioning on behalf of the Committee’s Republican members. Smith had wanted to testify publicly last year, as all previous Special Counsels have done following Presidential probes. Republicans were so proud of that hearing that they waited until New Years Eve to release its transcript and audio, so as few Americans as possible would see it.
Today in D.C., in the same Committee, Smith was finally allowed to testify publicly. The man who secured two different federal, criminal indictments of Donald Trump — one for his alleged crimes related to trying to steal the 2020 election, the other for stealing thousands of pages of classified national security documents upon leaving office the first time — has nothing to hide. [Full video now here.]
As Smith told the Committee today during his opening remarks: “If asked whether to prosecute a former President based on the same facts today, I would do so regardless of whether that president was a Republican or a Democrat. No one — no one — should be above the law in this country. And the law required that he be held to account, so that is what I did. To have done otherwise on the facts of these cases would have been to shirk my duties as a prosecutor and as a public servant, of which I had no intention of doing.”
The veteran, three-decade long Dept. of Justice prosecutor testified for about five hours today, and Republicans weren’t able to lay much of a glove on any aspect of his election probe. Not that they didn’t try, of course. (Smith was unable to speak about the stolen documents case beyond what has already been made public about it, as sycophantic Trump-appointed federal Judge Aileen Cannon still has his report on that matter under seal.) For his part, Trump was so bothered by it that he took to his failing social media cite to again call Smith “deranged”, while instructing his Attorney General to bring charges against Smith.
Republicans focused many of their attempted attacks against Smith on false claims that he “spied” on the phone calls of GOP members of Congress in the days before and after Trump’s January 6th, 2021 attack on the U.S. Capitol. Neither Smith nor his team “spied” on anyone. They did, however, receive judicial warrants to obtain toll records for the phones of several members who Trump contacted while the Capitol was under violent siege, when the sore loser President hoped to delay Congressional confirmation of Joe Biden’s 2020 victory, as he falsely claimed the election had been stolen from him. The toll records do not include information on the content of phone calls. They only detail numbers dialed or received, the date and time, how long they talked.
Several Republicans also took the old First Amendment “free speech” defense out for a spin today. It didn’t work much better at denting the case against Trump. As Smith explained once again, Trump is welcome to lie about a stolen election all he likes. But when those lies are used in furtherance of a crime, it’s a different matter.
You can lie to your friends that you are worth $10 million dollars, if you want, explains our guest today, former lifelong Republican and attorney KEITH BARBER. But you can’t offer that same lie on your mortgage application. That becomes criminal fraud, not free speech.
Barber, who now contributes to the progressive Daily Kos website, joins us for analysis, with both legal and political insight on Smith’s testimony, and how — or if — today’s public hearing might move the political needle one way or another for those in his former party.
After observing that there was next to no coverage of today’s historic hearing on the front page of the Fox “News” website this afternoon, Barber argues: “The opinions of MAGAs on this are intractable. It’s a cult. There’s nothing you can do about it. Everybody else is more open-minded and I think has already decided Trump is out to lunch on this. I don’t think that these hearings are going to move the needle all that much.”
Barber is with us for much of the hour today for both analysis of the Smith hearing and for legal insight on an extraordinarily disturbing story broken late last night by the Associate Press. The outlet reported on a secret memo instructing federal ICE agents — in contradiction of the Constitution, decades of Supreme Court precedent and written training materials for new officers — that they may enter a private home without a judicial warrant signed by a judge. Only an administrative warrant, issued by ICE itself, is needed, according to the memo revealed by two agency whistleblowers.
Similarly disturbing: though the memo, signed last May be the acting Director of ICE, is addressed to “all ICE personnel”, it has only been distributed to “select DHS officials” who have then shared it with some employees “who were told to read it and return it,” according to AP. The memo offers no detail on how this new legal determination was made nor any explanation for basis of reversing decades of longstanding guidance.
Barber published his own report on the troubling news earlier today at Daily Kos, in a piece headlined “Secret ICE Memo Trains Agents To Conduct Unconstitutional Home Invasions”. He tells me that the secret change in guidance has resulted in more violence, as people are dragged out of their homes, believing the old rules, that a warrant signed by a judge is needed to enter a home. Then, their doors are smashed in and they are dragged out.
“It’s really concerning because it is increasing the level of violence associated with these things, and because of the secrecy involved in it. And it’s also just wrong under the law,” says Barber. “That is not what the Supreme Court in multiple cases and certainly a host of lower courts have ruled the Fourth Amendment allows.”
Finally, we close out another absurdly busy day with Desi Doyen and our latest Green News Report, as the Arctic’s climate change-disrupted polar vortex returns to freeze much of the U.S. this week, and as our dumb President offers astoundingly stupid new lies about wind energy…
“The opinions of MAGAs on this are intractable. It’s a cult. There’s nothing you can do about it.” Brad’s guest KEITH BARBER
Ah yes, which leads to the “olde Dred” warning (Choose Your Trances Carefully, 2, 3, 4, 5, 6, 7, 8).