The walls are closing in very quickly now --- even throughout our hour today --- on the man who President-elect Joe Biden correctly, if generously, described today as "not fit to serve" and "one of the most incompetent Presidents in the history of the United States of America." As we go to air, Donald Trump is still in office. We can't tell you for certain if that will still be the case by the time you hear today's BradCast. [Audio link is posted at bottom of article.]

On Thursday night, U.S. Capitol Police officer Brian Sicknick succumbed to injuries sustained during the attempted coup at the Capitol on Wednesday, as incited by Trump. He was the fifth person to have died amid the mayhem wrought by our outgoing criminal President. Sicknick's death, which Trump didn't bother to mention today, may add yet another crime --- conspiracy to incite murder or manslaughter --- to Trump's quickly growing rap-sheet.

On Friday morning, House Speaker Nancy Pelosi issued an ultimatum. Either Trump resigns now or new Articles of Impeachment will be filed on Monday. That, as the Administration rats continue to flee his sinking ship, with more resignations and the welcome news that sore loser Trump will not attend Biden's inauguration and plans to leave D.C. as of the day before. "Good riddance," we say, in echoing the two word statement issued by the American Federation of Teachers last night upon the news that Education Secretary Betsy DeVos was also quitting (though only after four convicted murderers and war criminals who worked for her brother received Presidential Pardons.)

More on Trump's growing legal perils and calls for accountability with my guest today, but first a few words on the news that Dominion Voting Systems has filed a $1.3 billion lawsuit against Team Trump attorney  and his fellow perpetual liar and con-artist Sidney Powell. The private voting systems vendor charges Powell led a campaign to spread "wild" and "demonstrably false" claims about the company, including lies about their voting systems being developed with communist money in Venezuela by the late Hugo Chavez and, with the help of George Soros and China and Cuba, being used to steal the election for Biden.

(Her absurd Venezuela/Chavez claims are bastardized and re-imagined versions of my detailed, accurate, exclusive investigative reporting at The BRAD BLOG from approximately 2008 to 2010. And, while I've been wildly critical for many years of Dominion's unverifiable voting systems, as deployed by Georgia's Republican Sec. of State, there is nothing to support Powell's fantastical claims, including her evidence-free assertions that the state's SoS and Governor received kickbacks from the company to deploy their machines in the Peach State, for the first time, in 2020.)

Dominion, which previously warned they were likely to sue for slander and defamation if Powell did not retract her false claims (she refused and "doubled down" instead, according to the 124-page complaint [PDF]), also has sent similar warnings to other Team Trump liars such as Rudy Giuliani, Fox "News", Newsmax and One America News. They suggest they may even sue Trump himself. We'll hope they do, even if I'm called to testify by the private election vendor which should have no place in our public election system.

But, for now, according to our guest today, Constitutional expert and former federal prosecutor BEN CLEMENTS, Board Chair and Senior Legal Advisor of the non-partisan government accountability group, Free Speech for People (FSFP), it's accountability for the "seditious" President of the United States that is of the greatest immediate concern.

Clements, along with FSFP's  John Bonifaz and Ron Fein, filed an op-ed in the Boston Globe on Tuesday --- the day before the Trump-instigated insurrection at the Capitol on Wednesday --- calling for Trump to be immediately impeached for a second time.

"At the time we wrote the op-ed, we were only dealing with the first major set of felonies that the President committed this week, in the effort to falsify the Georgia election results in his favor," he tells me today, referring to last Saturday's phone call by the President to GA's Sec. of State, cajoling and threatening him to "find" enough votes to steal the election for him there. (Yes! That was just this past week as well!) "At this point, we obviously have a second set of felonies in connection with his incitement of a seditious mob on Congress, which creates an even greater urgency."

But the reason Clements is calling for a second impeachment this late in Trump's term is because, as he explains: "There is really, for the most part, only one sure way to ensure that Donald Trump is not permitted to again run for office in this country...And that way is through the impeachment power.   If the Senate convicts, an official can be removed, but they can also be disqualified from ever holding federal office again. Aside from removal, which is now needed more urgently than ever, there is the need to disqualify him, to prevent him from running in 2024, or from running for anything else at any time in the federal government."

With just 12 days left before Biden's Inauguration, is there even enough time for such a proceeding?  As Clements, who authored a book with Bonifaz and Fein called The Constitution Demands It: The Case for the Impeachment of Donald Trump, details that impeachment and a Senate trial can happen even after an official is out of office. Indeed, as he (and his op-ed) recounts, there is even historical precedent for it.

We also discuss whether the Constitution allows for a Presidential self-pardon, whether Trump will try to execute one, whether lawful or not, and as FSFP called for yesterday, the need for Joe Biden's Attorney General-designate, Judge Merrick Garland, to immediately empanel an independent task force, once confirmed, to coordinate and investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."  Clements argues that, without public pressure, Democratic Administrations have had a tendency in the past, when taking office "after a corrupt and sometimes lawless Republican administration" to make a "a quick call to 'turn the page.'"

"We are hearing those calls broadly already," he says. But "if we really want to move forward, if we really want to restore the integrity of the Department of Justice, there must be accountability for the crimes of this Administration and particularly of Donald Trump. And there must be accountability for the destruction that he created to our democracy and to the Department of Justice. The reason we're calling for this is there is a risk that there will be this temptation to say 'he's out of office and let's move on.' And I think that would be a GRAVE mistake that will invite more lawless activity, that will invite more of the kind of activity that we saw on Wednesday with the attack on the Capitol."

As we chatted, news came in that Alaska's Republican Senator, Lisa Murkowski, is now calling for Trump to resign, declaring "I want him out" and threatening to leave her party if they continue to align with him. And Twitter finally did the right thing (years belatedly) by permanently banning Trump, citing the risk of further incitement of violence.

It's going to be a very dark weekend for Trump. But, for us, we close a dark week today with a long overdue, brand new and hilarious parody tune for the seditious moment, from the great Randy Rainbow! Enjoy!...

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Today's BradCast picks up where yesterday's left off, amid the Trump-instigated attempted insurrection by his MAGA Mob at the nation's Capitol amid the formal affirmation of Joe Biden's Electoral College victory. We continue then with all of the mind-boggling fallout thereafter. [Audio link to full show is posted below this summary.]

Among the stories covered today on today's show...

• Morning Joe speaks for us, in his response to Wednesday's shameful attempted coup and pathetic response to it by the Capitol Police;

• So does Joe Biden, who, like Joe Scarborough, notes how differently a white rightwing MAGA Mob was dealt with, versus how things would have played out had those violent rioters who invaded the Capitol building been BLM protesters;

• Trump won't be escaping to Scotland after all. Guess he'll have to find another country willing to harbor a likely fugitive from justice;

• Once the Capitol building was cleared of Trump's lawless marauders on Wednesday night --- and four insurrectionists had died in the bargain --- the Electoral College affirmation by Congress that they'd attempted to prevent, picked up once again, with a (very slightly) chastened GOP. We share several outstanding speeches from the Senate floor in the middle of the night/early morning, as delivered by Senators Cory Booker (D-NJ) and Mitt Romney (R-UT). That, before seven Republican U.S. Senators and 138 GOP House Members (68% of the caucus!) voted, unsuccessfully, to nullify millions of votes cast by the voters of Arizona and Pennsylvania;

• For the record, the seven Republican Senators who voted to nullify the voters in those two states --- even after the attempted coup at their own place of work --- are: Cruz (TX), Hawley (MO), Lummis (WY), Marshall (KS), Scott (FL), Tuberville (AL) and Hyde-Smith (MS). May their names live in eternal infamy and shame;

• Trump and his Republican Party's shameful, evidence-free attempt to use the Electoral Count Act of 1887 or 12th Amendment to the Constitution in order to steal the 2020 Presidential election has officially failed, as Biden's Electoral College "landslide" was affirmed by Congress at 3:45am on Thursday morning, January 7th. The MAGA Mob riots served no purpose other than to kill several Trump supporters and injure more than a dozen Capitol police. The results of the election were exactly as they were certified by all 50 states weeks ago;

• Amid the insurrection and while being locked out of his account at both Twitter and Facebook overnight (he has since been allowed to return to Twitter, though Facebook says he will be banned until at least after Inauguration Day), Trump's mood was said to have grown increasingly erratic. His rage reportedly resulted in Mike Pence's Chief of Staff (and Trump's own former Legislative Director) being banned from the White House, and staffers were reportedly instructed by the White House Counsel to stay away from him, lest they find themselves as an accessory to treason under the Sedition Act;

• About eight staffers have resigned following Wednesday's events, including Trump's former Press Secretary (Stephanie Grisham), his former Acting Chief of Staff (Mick Mulvaney) and his Transportation Secretary Elaine Chao, the only cabinet member, so far, to jump off the sinking ship. Chao also happens to be married to the soon-to-be-former Senate Majority Leader Mitch McConnell, who will presumably be the Republican Minority Leader following the apparent victories by Jon Ossoff and Raphael Warnock on Tuesday in Georgia's U.S. Senate runoffs. None of those who waited until now to resign should be hailed as heroes;

• By Thursday morning, both incoming presumptive Senate Majority Chuck Schumer and House Speaker Nancy Pelosi had issued statements calling for the 25th Amendment to be invoked by Vice President Pence and Trump's remaining cabinet members to remove him from office immediately. Pelosi correctly describes Trump as having incited "an unpseakable assault on our nation and our people." Short of impeachment, both Democratic leaders say, another impeachment for "willfully inciting violence against the government of the United States"; "gravely endanger[ing] the security of the United States"; and "demonstrat[ing] that he will remain a threat to national security, democracy and the Constitution if allowed to remain in office" remain a possibility, as detailed in Articles now being circulated for consideration by House Democrats;

• If you're not familiar with how the 25th Amendment would work, should it be invoked (there is also at least one Republican lawmaker calling for it today, describing Trump as "unfit" and "unwell"), here's a quick primer;

• Finally, Desi Doyen joins us for some much brighter news, believe it or not, in our latest Green News Report, where the overlooked news about Democrats clawing back a legislative majority in the Senate may be very very good news indeed...as long as WV's coal-loving Democratic Senator, Joe Manchin, decides to help save the planet by playing along...

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IN TODAY'S RADIO REPORT: Democrats win U.S. Senate majority, paving the way for crucial climate legislation; Trump Administration, amid attempted coup, auctions off drilling rights in pristine Arctic National Wildlife Refuge; Massachusetts to phase out gasoline-powered vehicles by 2035; PLUS: Britain achieves new record in offshore wind energy generation... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Disproportionate protest response: Capitol Hill vs. Standing Rock; Trump Admin Clears the Way for Bird Slaughter; For First Time In 5 Years, US Gas Mileage Down, Emissions Up; Exxon Discloses Full Scope of Fuel Emissions for First Time; New Study on Regenerative Grazing Complicates Climate Optimism; For First Time In 5 Years, US Gas Mileage Down, Emissions Up... PLUS: Things to watch in a 50-50 Senate... and much, MUCH more! ...

As "today" is still ongoing, we'll need to keep the summary of today's BradCast --- and the extraordinary events we find ourselves covering on the fly --- a bit more terse than usual. [Audio link to today's full show follows below.]

Our first draft of history today includes the news that both Democrats Raphael Warnock and Jon Ossoff have reportedly won their U.S. Senate runoff contests in Georgia against incumbent Republican Senators Kelly Loeffler and David Perdue, respectively. With those two stunning, if narrow, victories, Democrats will soon enjoy partisan control of the U.S. Senate under the new Democratic Majority Leader Chuck Schumer, instead of soon-to-be-former Republican Majority Leader Mitch McConnell. Warnock will be the first African-American Senator and Ossoff the first Jewish Senator to represent the Peach State. Ossoff, at 33 years old, will also be the chamber's youngest member.

While that momentous news alone would normally be our top and perhaps only story for the day, it barely makes the top three. As you know by now, after weeks of false, evidence-free claims by the President of the United States that the election was stolen from him, and after an hour of his endlessly repeated, ginned-up rhetoric on same at a so-called "SAVE AMERICA" rally in D.C. this morning --- and after Donald Trump's buffoon, criminal attorney Rudy Giuliani called for "trial by combat" in his own remarks --- the MAGA Mob he summoned to D.C. stormed the U.S. Capitol building.

The rioting came during a joint session of Congress, amid GOP challenges to the formal, usually ceremonial Electoral College affirmation of Joe Biden's decisive November victory. Both chambers of Congress were evacuated as Trump-supporting rioters broke windows and doors to enter the building. Both the House and Senate chambers, as well as lawmaker offices, including House Speaker Nancy Pelosi were violently breached by the anti-American marauders. Vice President Pence, who had been presiding over the Joint Session, was ushered, with several other key lawmakers, to a secure location through underground tunnels beneath the Capitol building. One of the insurrectionists is said to have been shot and killed. Questions remain, lots of them, as to why there was not a larger police presence around the Capitol before this perfectly predictable attempted coup.

But, while we offer a first draft of history on all of the above today, the attempt to overthrow the American government, abetted by the President himself, was hardly the only sign of the long and steady degradation of our Constitutional representative republic by members of the Republican Party. On Tuesday, GOP members of the Pennsylvania Senate refused to seat a duly elected veteran Democratic state Senator on the first day of their new session and used their gerrymandered majority to muscle Democratic Lt. Gov. John Fetterman out of his state Constitutional role as President of the state Senate. We share some of the remarkable audio from that Tuesday coup in the Keystone State, in what I'm calling "The Wisconsinization of Pennsylvania."

Joining us to explain what happened during those extraordinary events in Pennsylvania on Tuesday, the even more extraordinary events that we saw in D.C. on Wednesday --- and both where it all comes from and what it all means going forward --- is the great WILL BUNCH, longtime national columnist for the Philadelphia Inquirer and Philadelphia Daily News.

Finally, as the President of the United States with no more than two weeks left in office only made matters worse with his Twitter statements throughout the riots that he fostered today, we turn for sanity to the President-elect instead. We close today's program with Biden's calming words to a nation in crisis, while the current disgraced President returns to his bunker amid the American Carnage he has wrought...

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Today on The BradCast: The last vote of the '2020' election has now been cast with Georgia's two U.S. Senate runoffs now over. The voting part anyway. Now the counting, fighting and complaining begin. [Audio link to full show follows below summary.]

We received mixed reports from on the ground in Georgia today. The state's voting systems manager, Gabriel Sterling, told the Atlanta Journal-Constitution that Election Day in the contests that will determine partisan control of the U.S. Senate went very smoothly on the state's 100% unverifiable touchscreen voting systems made by Dominion and forced on in-person voters in the state for the first time in 2020 by their Republican Sec. of State, Brad Raffensperger. Lines to vote, according to Sterling were short in most places, though as long as 30 minutes at some Atlanta metro area voting stations. Other sources on the ground in the Peach State told us that lines in some places that were longer than for the Presidential general election back in November. Given there were just three races on the ballot (two for U.S. Senator, one for a Public Service Commissioner), there shouldn't have been any lines at all to speak of. Nonetheless, the 'Rube Goldberg' touchscreen computer ballot marking devices and the computerized pollbooks and computerized scanners that are used with them --- instead of a much simpler, verifiable, reliable hand-marked paper ballot system --- always take longer to cast a vote. They also, as usual, created problems for voters in several counties, with misprogrammed access cards and other reported failures. Emergency hand-marked paper ballots were said to have been deployed in some cases, as needed.

We try to read some of the tea leaves from today's reports, as to what it all may mean, while we wait for results that could come tonight....or over the next several days.

We're joined today from on the ground in Georgia by LAUREN WINDSOR, journalist, Executive Director of American Family Voices, producer of the grassroots political web-show, The Undercurrent, and, apparently, "operative", according to a report by the Atlanta Journal-Constitution. Windsor has been in the state for the past month with her producer, bird-dogging incumbent Republican millionaires and Senators Kelly Loeffler and David Perdue, regarding their respective stock market windfalls amid the COVID epidemic. They are running against Rev. Raphael Warnock and Jon Ossoff, respectively.

She's been there as Trump has made a mess out of the runoffs, which he described over the weekend as "illegal", before showing up at a rally in the state, supposedly for Loeffler and Perdue on Monday night, not long after he confused matters further by calling for $2,000 COVID checks for Americans after Republicans (including the two GA incumbents) had insisted on $600 checks.

Windsor has broken a number of stories over that time, including last month when, as AJC documented, Perdue lied to her by claiming he planned to challenge Joe Biden's electoral vote count in the Senate tomorrow --- even though his term ended on January 3 and won't begin again until this year's election is decided and certified. Trump retweeted her tweet reporting Perdue's lie and his campaign then retweeted the President's tweet. There is apparently nobody left in the Republican Party who cares about telling the truth.

Both Perdue and Loeffer, she tells me, are "trying to have it both ways with regards to supporting the Electoral College challenge. Now they're trying to have it both ways with supporting the $2000 relief checks. They're saying, 'We'll tell you that's what we want, but we're actually going to work with McConnell to make sure it won't happen.'"

She shares of number of stories from her adventures over the past month covering both millionaires Perdue ("this guy owns a home within a gated community that's within a gated community.") and Loeffler ("It wasn't exactly a 'rag to riches story' for Kelly Loeffler. It was more of a 'riches to riches' story.) And Windsor also has some thoughts on the failure of Republican hoaxster James O'Keefe --- who she has also been bird-dogging for years now --- to deliver his promised "bombshells" on Democratic "voter fraud" in the 2020 cycle. Windsor also offers her careful prediction for how today's critical contests will ultimately shake out.

Also today, we enjoy a rare bit of speculation on Donald Trump's future, following a curious story out of Scotland Monday reporting that the tiny airport near Trump's failing Turnberry Golf Resort is set to "expect the arrival of a US military Boeing 757 aircraft" on January 19th, the day before Biden is to be inaugurated. Hmmm....

And, speaking of speculation, Politico has a few scoops on what House and Senate Republicans are planning for their challenges at Wednesday's joint session of Congress to the affirmation of Biden's Electoral College votes in at least three states (perhaps as many as six) during their desperate, last-ditch --- most likely futile, definitely sore-loser --- effort to overturn the 2020 Presidential election and/or make a name for themselves as 2024 Presidential contenders and/or ruin their chances all together in the bargain. We shall see. Suffice to say, Wednesday is likely to be a very long day, as we have long been warning.

Finally, Desi Doyen joins us for our first Green News Report of 2021! With a whole bunch of stories we were unable to cover while off last week, including several new parting gifts from the Trump Administration, such as "bomb" trains and more asthma attacks for children, as well as some much better news for humanity and the planet out of Japan...

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IN TODAY'S RADIO REPORT: On way out the door, Trump Transportation Dept. approves natural gas 'bomb' trains; Trump EPA's parting gifts include more asthma attacks and premature deaths from air pollution; MI's Gov. Whitmer signs $640 million settlement in Flint Water Crisis; PLUS: Japan unveils ambitious national plan to achieve net zero emissions by 2050... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Global Warming Could Stop Relatively Quickly After Emissions Go to Zero; Trump auctions Arctic refuge to oil drillers in final major decision affecting US wilderness; Trump To Approve AZ Land Swap For Rio Tinto's Resolution Copper Project; Detroit business dumped liquid landfill waste in Flint system; How Trump Tried, but Largely Failed, to Derail Top U.S.Climate Report; Four U.S. Water Stories to Watch in 2021... PLUS: 117th Congress opens to new energy, environment fights... and much, MUCH more! ...

After a not-nearly-long-enough break, The BradCast is back for the new year, when everything will be entirely better than the old year, right? Well, if the last several days of insanity that we now refer to as "news" is any indication, the answer is: "Not so much!"  It will be impossible to adequately cover all we discussed on today's program in today's summary. But, we'll give you the basics here and hope you tune in for the full story. [Audio link to full show is posted below summary.]

While we were off, both houses of Congress overrode Donald Trump's ridiculous veto of the "must-pass", $780 billion National Defense Authorization Act to fund the military for another year. But GOP Senate Majority Leader Mitch McConnell was nonetheless successful in preventing Americans from receiving $2,000 pandemic checks, despite best efforts of Democrats, a tiny, uninspiring handful of Republicans, and even Trump himself. That, as the nation clocked an unfathomable 350,000 COVID deaths, which is the equivalent of blowing up about 17 sold-out NBA arenas and killing every single person in every single one of them, or 115 9/11s over the past 10 months in the U.S.

With that, the new 117th Congress convened for the first time on Sunday, with a narrow majority for Republicans in the Senate (pending Tuesday's two U.S. Senate runoffs in Georgia) and with a narrow majority for Democrats in the House, where they elected Nancy Pelosi as Speaker for another two years.

Despite all of that pretty big news, it all seemed to pale in comparison to Donald Trump's ongoing electoral death rattle. With concerns about how our unstable President may react as his days in office dwindle, every living former Defense Secretary (10 of them, Republican and Democratic, including the two fired by Trump and even Dick Cheney, who was apparently concerned enough that he reportedly led this effort), published a short, sharp group op-ed, making it crystal clear that any "efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory," and that "civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic."

Even as that was being published on Saturday, Trump was on the phone for an unhinged hour with the Republican Secretary of State of Georgia, haranguing, threatening and cajoling him to change the state's Presidential election results to award the state's electoral college votes to Trump. We play part of that call, which may have been in violation of both state and federal laws, on today's show. We do not do it justice. The Washington Post has published the full bonkers audio and transcript, including Trump's long-ago debunked fraud claims and repeated false assertions that he won the state by about a half million votes (he lost it by about 12,000) and that he just wants "to find 11,780" votes to "win" the state.

The news of that madness came on Sunday, as Georgia will have it's last day of voting in two U.S. Senate runoffs to determine partisan control of the Senate for the next two years on Tuesday, and as the new Congress meets in a joint session on Wednesday, January 6th, to affirm (or not) the results of Biden's Electoral College victory over Trump by a seemingly comfortable 306 to 232 margin.

Over the weekend, however, more than a dozen Republican U.S. Senators led by 2024 hopefuls Josh Hawley of MO and Ted Cruz of TX, announced they intend to challenge the Electoral College results on Wednesday during what is normally a pro forma procedural affair presided over by the President of the Senate (Vice President Mike Pence, in this case).

And this bring us to crux of where we are and what could happen on Wednesday, as Republicans continue to claim --- through failed lawsuits and other protests --- that the Electoral College Act (ECA) of 1887, which has determined the procedure to be used on Wednesday for about 150 years and 33 Presidential elections without question, is somehow a violation of the Constitution's 12th Amendment.

If Republicans can figure out how to make this argument on Wednesday --- with Pence potentially holding the reins to help them --- we could find ourselves in a Constitutional quagmire leading to....lord knows what.

We're joined today to help explain all of this madness by longtime election integrity advocate, election law scholar and democracy activist, PAUL LEHTO. He argues that, despite so many claims to the contrary (by many of the same folks who said that Trump could never become President back in 2016, by the way) there is, in fact, still a "path" for Trump and his Republicans to steal the election from Biden on Wednesday.

Tune in for the details, but it has to do with how the 12th Amendment says that questions about the validity of Electoral Votes should be dealt with (via a one vote per state vote in the U.S. House), versus how the ECA handles such challenges (with a regular, up or down majority vote in both houses needed to support such a challenge.)

Why is this even a question at this point? Lehto explains in detail.

He also cites the lesson that we should learn from all of this madness: "What we should learn is that what you and election integrity activists have talked about now for decades is coming home to roost," Lehto explains. "And that is that a big, big part of this is the inherent uncertainty when votes are purely processed through computers. Nobody really knows --- until there's a hand recount --- what the result is, and partisan people can attach to that uncertainty and that doubt any theory that they wish to in order to keep hope alive."

"So we need a voting system that leaves no doubt as to that result . And in order to have that you have to have transparency," he says, adding: "Basically, this is all the chickens coming home to roost, in terms of our non-transparent voting system."

There's more. But, again, you'll need to tune in for it. Happy New Year?...

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Acting Defense Secretary Christopher Miller --- and every civilian and sworn member of the U.S. military under Miller's chain-of-command --- has a legal duty, under the Uniform Code of Military Justice, to refuse to carry out an unlawful order to take part in a military coup that is designed to prevent the peaceful transfer of power to the duly elected 46th President of the United States on January 20, 2021. That duty holds even if the order to carry out that military coup is issued by the current Commander in Chief.

This is not an abstract concern.

Recall that the increasingly desperate Donald Trump previously discussed with the disgraced and recently pardoned, former National Security Advisor, Lt. General Michael Flynn, the possibility of utilizing the military to facilitate a re-do of what U.C. Irvine Law Professor Rick Hasen described as a "decisive" electoral victory for his opponent, Joseph R. Biden.

The prospect that Trump would dare to issue an unlawful coup order was driven home by the fact that all ten living former Secretaries of Defense found it necessary to publish an ominous Washington Post editorial on Sunday that they directed to Miller. With his subordinates, Miller has failed to fully cooperate with the transition, according to President Elect Biden.

The former Secretaries of Defense not only admonished Donald Trump's newly placed Acting Secretary of Defense that he had a duty to facilitate the transition, but also issued a stark warning: "Civilian or military officials who carry out [efforts to involve the U.S. military in the election] would be accountable, including facing criminal penalties, for the grave consequence of their actions on our republic."

The potential for such an unlawful order is underscored by the fact that the former Secretaries of Defense, who signed off on the op-ed, included Mark Esper. He was fired by Presidential Tweet on November 9 --- two days after the networks called the election for Biden. While we don't know precisely what Trump may have conveyed to Esper, there can be no doubt but that Esper, more than any other former Secretary of Defense, is acutely aware of Trump's post-election state of mind.

The word needs to go out, not only to Miller's subordinates and to high-ranking members of the military, serving at the Pentagon, but also to everyone who wears the uniform. You must not obey an unlawful order to carry out a military coup.

I'd love to say that 2021 couldn't be any worse than 2020. But I'm fairly certain that 2020 (and 2019 and 2018 and 2017, etc.) has sort of proven such optimism to be naïve. Nonetheless, hope springs eternal and better days will certainly come…even if they don't happen seconds after midnight or even seconds after Noon on January 20th.

So, rather than offer overly optimistic predictions for the days ahead, I will thank you --- our readers, our listeners --- for days past. 2020 was pretty miserable for everyone and damn near impossible for many. Your generosity and support --- by kind words, sharing of our work, and, yes, financial donations --- made each day a bit better, a bit more tolerable, than it certainly would have otherwise been.

From Desi, Ernie, PDiddie, Nicole, myself, and anyone else who helps keep The BRAD BLOG and The BradCast and Green News Report continue to hum and produce important content and rake the muck and help make you (and me) smarter or just help you find a laugh each and every day, we thank you.

The BRAD BLOG will be an unthinkable 17 years old in a few weeks. One more year and we'll be eligible to be purged from the voting rolls! None of it could be done each day without the kindness of strangers…and friends, which I consider each of you to be.

Thank you for your support in helping us get this far. And we'll see you on the other side in 2021…no matter what it may bring. We'll get through it together as we have, impossibly, for so many years. Please stay safe, warm and HEALTHY until then and accept my hopes for a Happier New Year for all! --- Brad (et al)

As recently reported by John Kruzel of The Hill, the attorneys taking part in Donald Trump's dishonest effort to overturn the results of the Nov. 3 Presidential election "face mounting ethics complaints" that could result in sanctions ranging from fines to censure, suspension or even disbarment.

Michigan's Democratic Attorney General Dana Nessel recently explained why she is seeking to have Team Trump attorney Sidney Powell and others subjected to discipline, including disbarment, for professional misconduct in conjunction with continuing frivolous legal efforts to overturn the results of the Nov. 3 Presidential Election...

Nessel's observations are certainly consistent with Rules 3.1 and 3.3 of the Michigan Rules of Professional Conduct [PDF] which prevent the pursuit of frivolous claims and forbids attorneys from knowingly making false statements of fact or law to any tribunal. "An action is frivolous," Rule 3.1 explains, "if the lawyer is unable to make a good-faith argument on the merits of the action taken, or to support the action taken by a good-faith argument for an extension, modification, or reversal of existing law."

MI's rules are in line with the American Bar Association's Rules of Professional Conduct as well.

Nessel is by no means alone in her critique of the dubious legal tactics being taken by a number of attoneys allied with Trump. In Delaware, a state judge, on his own motion, issued an order "to Show Cause why the permission to practice" pro hac vice (in a specific case), previously extended to out-of-state Georgia Attorney L. Lin Wood, Jr., should be "revoked". The court believes Wood may have "engaged in conduct in other jurisdictions, which, had it occurred [in a Delaware case], would violate the Delaware Lawyers' Rules of Professional Conduct."

There's a growing body of evidence that multiple attorneys have knowingly pursued frivolous claims that in hopes of undergirding Trump's dangerous and baseless conspiracy theories that the election was somehow stolen from him. They've piled up 59 losses in state and federal courts, many entailing outright dismissals by judges who described the pleadings as "without merit". Yet, that didn't stop right-wing groups of attorneys from recently filing 11th hour federal complaints that are not merely meritless but beyond the pale. So much so, that the D.C. and state bar associations might consider imposing the ultimate tool of attorney discipline --- disbarment...

No. The headline wasn't a typo. We seem to have reached the end of a few lines today. I’m NICOLE SANDLER, guest hosting the BradCast one more time in this really miserable year.

The first line ending is the year 2020. I know it officially ends tomorrow night, but today is the last new, live show of the year. I know I speak for Brad and Desi when I say 'good riddance' to what was probably the worst year of our lives.

We may be reaching the end of the line in this 244-year-old Democratic Republic. We are witnessing the unraveling of the shaky foundation of this nation as the madman whose power ends in three weeks is getting more desperate and reckless by the day.

We're at the end of the line for the 116th Congress. It moves into the history archives on Saturday; the 117th Congress will be sworn in on Sunday.

Donald Trump seems to be embracing a scorched earth policy, deciding to burn the whole place down if his minions won’t break every rule, law and norm to overturn our Democratic election and install him as Supreme Leader. The reason there's still news breaking and the Senate is in session right now is all due to Trump's destructive and dangerous behavior. And no one in the Republican Party is willing to stand up to him to protect our delicate Democracy over his authoritarian ambitions.

The past four years have been a blur of gaslighting and lies. One of the more reprehensible falsehoods they've pushed is the idea that --- led by Jared Kushner --- they've negotiated Middle East Peace! What was fostered during this time was an unholy alliance between the right wing Israeli Prime Minister Netanyahu (who is under indictment on a number of counts of corruption and worse) with the American dictator-wannabe Trump.

When the Trump Administration announced the first of their so-called peace agreements --- this one between Israel and the United Arab Emirates --- my first thought was, "when were Israel and the UAE at war?" (They weren't.)

Over the next few months, they rolled out a few more of these deals...with Bahrain, Sudan and finally, just a few weeks ago, they announced a fourth one... saying "President Donald Trump has brokered a peace agreement between Morocco and Israel."

This one might have been the most offensive of the four, as the so-called deal legitimizes the Moroccan occupation of the Western Sahara.

Some years back, I learned about Gush Shalom, the Israeli Peace bloc, led by activist Uri Avnery. I had the honor of interviewing him a few times over the years. His is a fascinating story. Well into his 90s, Avnery passed away a few years ago. But Gush Shalom continues its advocacy for peace and a two-state solution.

After the so-called peace deal between Morocco and Israel was announced, I received an email from ADAM KELLER, a co-founder with Avnery of Gush Shalom, strongly condemning the deal.

So I reached out to Mr. Keller to get the side of the Israel story that the corporate mainstream media doesn’t report.

Mr. Keller has a thick accent, but I took great care to edit the interview to make it as easy to understand as possible. I hope you’ll give it a listen. Their position is not an isolated one. As I told him, just as I have nothing but contempt for the administration currently in power over here, I know that there are many Israelis equally horrified by the Netanyahu regime.

It's now also apparently the end of the line for Netanyahu's government! We taped that interview two weeks ago. I got another email from Adam on 12/26 that reads...

Misery loves company, I suppose.

And we’re at the end of the 2020 line too, thankfully. I made a concerted decision not to produce a Year in Review show this year because, well, 2020. Enough said.

But I always look forward to Dave Barry's year-end missive. One of the few good things about living in South Florida is that Dave Barry, Carl Hiaasen and Leonard Pitts are columnists based at the Miami Herald.

Dave Barry's 2020 Year in Review is too long for me to read in its entirety. But I ended the show with a reading of one pitch-perfect section, the part he calls MARPRIL. Just think back to March and April and you’ll understand...

And I've now reached the end of this post. Thanks to Brad and Desi for trusting me with their show, and thanks to you, Brad’s readers and listeners, for welcoming me into your ears.

Here's wishing us all a return to decency, normalcy and democracy in 2021. Happy New Year!...

Download MP3 or listen online below...

After the House passed the CASH Act on Monday, which would give $2000 to individuals instead of the $600 in the Covid-19 relief bill just signed by Trump, and then successfully overrode his veto of the must-pass, annual National Defense Authorization Act (NDAA), the action turned to the Senate. I'm NICOLE SANDLER, back today guest hosting the BradCast, making sure we don't fall behind on the end of the year plethora of news, which we knew would be somewhat chaotic due to the madness of Lame Duck Donald (or is that Lame Donald Duck?)

When we last got together, yesterday, the House was still voting on overriding Trump's NDAA veto, and they did so in a big way. The final vote was 322-87. Many of the 87 "No" votes weren't Republicans afraid of crossing dear leader, but progressives balking at another $740 billion windfall for the military industrial complex. Today, the action moved to the Senate, where Majority Leader 'Moscow' Mitch McConnell did exactly what he's best at: blocking the Democrats' call for an up or down vote on the CASH Act.

Senators Chuck Schumer, Bernie Sanders, Ed Markey and Chris Murphy all spoke passionately about the need to help out Americans suffering through the worst crisis in our lifetimes. McConnell just grunted out his objection to their motions. The bottom line? McConnell blocked Schumer's request to approved the $2000 checks by unanimous consent. The Senate then adjourned until 3pm tomorrow, making me shake my head in disbelief. He said there would be a quorum call at 5p Eastern Time followed by a vote on overriding the NDAA. Then we learned that McConnell decided to combine Trump's demand for repeal of Section 230 of the Communications Decency Act with legislation to increase the stimulus checks to $2000, effectively poisoning the pill to make it unpassable in the Senate.

This still doesn't address Bernie Sanders' threat to keep the Senate in DC through the holiday weekend if McConnell doesn't agree to a vote on the CASH Act bill passed by the House Monday night. So, I'll be back on Wednesday, hopefully with some answers.

One thing this whole episode has reinforced is the fact that the Democratic Party, as an institution, is just not very good at being an effective opponent of the Republicans. I believe there are many contributing factors, including the generational disconnect of Democratic Congressional leadership. But I've also harbored ill will toward the DNC for a long time due to what I view as their inept management of everything they do.

So one night last week as I was suffering though another bout of insomnia, I happened upon a Twitter thread by DAVID ATKINS. He's a writer (Washington Monthly, The American Prospect among others), and a progressive activist who is also a Democratic Party Regional Director and recently became an elected member of the DNC. The thread was about what he's learned about the DNC's dysfunction since he's been on the inside. It was quite dispiriting, but fascinating. So I invited him on for a conversation about what it would take to turn this party around.

This interview originally aired on my program, The Nicole Sandler Show, last week. Afterwards, a listener sent me this photo of a letter written by Franklin D. Roosevelt in 1928, detailing his own issues with the DNC and his suggestions about how to run the Party. They sound a lot like what David Atkins was saying when we spoke! FDR knew what he was talking about. He was elected President four years later.

The more things change, the more they stay the same apparently...

Download MP3 or listen online below...

We made it to the final week of 2020! That's quite an accomplishment, given what transpired this year. Brad & Desi are taking a much-needed year-end break, so it's NICOLE SANDLER guest hosting The BradCast, for the next few days. [Audio link to full show is posted below summary.]

It used to be that this time of year, especially the week between Christmas and New Years, was what was known as a "slow news" time. We haven't even had a slow news day in the past four years, so why break with tradition now? Since we haven't been here with new programs since December 23, I began today's show with a recap of what happened since.

Donald Trump had been missing in action since the November 3 election in terms of working on the pressing issues of the day --- a COVID relief bill and the year-end funding bill for the U.S. Government. Together they make up the Consolidation Appropriations Act of 2020 (CAA). And then there was the matter of the National Defense Authorization Act (NDAA) that had been passed but Trump hadn't yet signed.

When Brad last spoke with you, he reported that Congress, on Monday, passed a $900 billion coronavirus relief package along with the $1.4 trillion omnibus spending bill to keep the government funded through September of 2021, by huge veto-proof margins in both houses. And on Tuesday, Trump awakened from his stupor to call the bill "a disgrace" --- despite it including much of what he himself had asked for --- and demand the payments to individuals be $2000 rather than the $600 his administration had proposed! He had other demands but, as usual, he was confused, conflating things in the COVID relief bill with provisions from his own budget that were contained in the omnibus portion of the bill. But I digress. He threatened to veto the bill or worse, do nothing. In that case, it would just die, with Congress unable to override a pocket veto before the new Congress is seated on January 3, and the entire process to pass the bill must begin again.

On Wednesday, Trump vetoed the NDAA, ostensibly for two reasons: it would require the military to rename bases that were named after figures from the Confederacy and because it doesn't include a repeal of Section 230 of the Communications Act, which shields internet companies from liability for what is posted on their websites by them or third parties.

And then he boarded Air Force One, to spend the holidays at his Palm Beach resort Mar-a-Lago.

To reiterate: while most of the country is suffering, waiting for help to make it through the worst crisis in our lifetimes, Trump was sitting on relief checks, unemployment benefits, an eviction moratorium and rental aid from his Mar-a-lago resort in Palm Beach. At the same time, Vice President Mike Pence is on a skiing vacation in Vail, Colorado, and Treasury Sec. Steven Mnuchin took a private jet down to his vacation home in a Mexican resort near Cabo.

Christmas Eve and Christmas Day came and went, as did the Saturday midnight deadline when pandemic relief programs lapsed, throwing more than 12 million Americans who relied on them for unemployment insurance and more into an even worse situation than they had been in already.

Trump finally gave in and signed the CAA on Sunday evening, but additional damage had already been done. As for the master negotiator, he's more like an impetuous child who threw a temper tantrum and then got tired of being locked in his room so he gave up, and got nothing out of it.

That brings us to today. The House is back in session to vote on two items --- a bill changing the dollar amount of the individual checks to be sent out from $600 to $2000 and to override Trump's NDAA veto. As I am posting today's show, the vote on the $2000 checks has now passed with the 2/3 required under the procedures that were used for consideration, 275-134.

The House then voted by an even bigger margin to override Trump's NDAA veto. That vote was 322-87! Tomorrow, the Senate returns to vote on these two bills. The question is whether Mitch McConnell will bring the issue of the larger direct COVID relief payments to the floor.

Senator Bernie Sanders issued a statement demanding a vote: "The House has passed a $2,000 direct payment for working people. It is time for the Senate to act. This week on the Senate floor Mitch McConnell wants to vote to override Trump's veto of the $740 billion defense funding bill and then head home for the New Year. I'm going to object until we get a vote on legislation to provide a $2,000 direct payment to the working class. Let me be clear: If Senator McConnell doesn't agree to an up or down vote to provide the working people of our country a $2,000 direct payment, Congress will not be going home for New Year's Eve. Let's do our job."

Now that a Democrat will be in power in the White House in a few short weeks, the Republicans in Congress are once again singing their austerity tune. Many are objecting to a $2000 payment saying "we can't afford it" or some similar nonsense. So I'm joined by economist, professor, a leading proponent of Modern Monetary Theory, and author of The Deficit Myth: Modern Monetary Theory and the Birth of the People's Economy STEPHANIE KELTON, who explains that not only can we afford to help people suffering through this crisis, we must!...

Download MP3 or listen online below...