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Latest Featured Reports | Saturday, January 18, 2020
On Bernie's 'Electability': 'BradCast' 1/17/20
Guest: Historian, author Richard Hayes Phillips; Also: Security experts worried about L.A.'s new, uncertified, unverifiable vote system...
A Statistical Response to the Charge That Bernie Sanders is 'Unelectable'
Analysis of 2016 primary election numbers in three key states, finds Richard Hayes Phillips, appears to counter the allegation...
Parnas Sings, Senate Trial Begins, L.A. Facing Suit Over New Vote System Flaw: 'BradCast' 1/16/20
D.C. bombshells; Huge fail in L.A.'s $300M vote system, County Clerk finally responds...
'Green News Report' 1/16/20
  w/ Brad & Desi
GNR SPECIAL COVERAGE: Climate change pervades the final Democratic presidential primary debate before 2020 voting begins...
Previous GNRs: 1/14/20 - 1/9/20 - Archives...
Courts Step in to Protect 'Inactive' Voters in WI, NY: 'BradCast' 1/14/20
Also: Fall out from yesterday's exclusive news on major security failures discovered in Los Angeles' new voting system, and much more...
'Green News Report' 1/14/20
2020 race loses climate justice warrior; Billion dollar disasters on the rise; 2019 second hottest year ever; PLUS: 150 arrested with Jane Fonda at climate protest...
L.A.'s New Touchscreen Vote System Fails State Testing: 'BradCast' 1/13/20
CA Sec. of State could approve for 2020 anyway, despite security failures. Public comment period ends soon! Hand-marked ballots needed in nation's largest jurisdiction!
Sunday 'Close Call' Toons
We're all living on the edge in PDiddie's latest collection of the week's best political toons...
One Thing Voters Can Do to Ensure Trump is Dumped This Year: 'BradCast' 1/10/20
Guest: Public Policy Polling's Jim Williams; Also: GOP Photo ID restriction blocked in NC; DoJ's probe of Hillary Clinton and Clinton Foundation quietly finds...nothing...
Hate to Say 'We Told Ya So', But...:
'BradCast' 1/9/20
Admin has no evidence of 'imminent threat'; Ukrainian plane downed by Iran missile; Study confirms new computer BMD vote systems should not be used in 2020...
'Green News Report' 1/9/20
Trump guts another landmark enviro law; EPA, FEMA not disaster ready; Coal plant shutdowns saved 26K American lives; PLUS: Murdoch, troll disinfo on Aussie fires...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...

With Brad Friedman & Desi Doyen...
By Desi Doyen on 11/7/2019 10:55am PT  

IN TODAY'S RADIO REPORT: 11,000 scientists issue dire warning on climate change; The planet just broiled through the hottest October ever recorded; Trump EPA moves to weaken water standards, again; PLUS: Honolulu and Maui County sue Big Oil over climate damages... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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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): Voters flip Virginia state legislature, clearing way for climate and clean energy policies; 'Whiskey in punch'? Justices probe Clean Water Act's limits; Young climate activists chain selves to Washington pier amid pipeline delivery; Banned ozone-harming gas, once on the rise, now declining again; Dumped fishing gear is the biggest plastic polluter in the ocean, study finds; NASA methane gas detectors find 'super emitters' in California; Wall Street increasingly weighing risk from climate change... PLUS: Unplugging PG&E is easier said than done... and much, MUCH more! ...

--- Click here for REST OF STORY!... ---




Guest: VA Delegate Mark Levine on Dems' new, long-awaited 'trifecta'; Also: Brand new touchscreen voting systems failed in GA and PA, while Dems saw a number of big wins in VA and probably KY...
By Brad Friedman on 11/6/2019 6:35pm PT  

On today's BradCast: There was much for Democrats to be delighted about in Tuesday's off-year elections around the country, though plenty for them to be remain very concerned about, including the failure of brand new voting system in several key battleground states. (Not to mention new charges of election fraud filed against Republicans in Ohio.) [Audio link to show follows below.]

We pick up today where we left off on yesterday's program, regarding disturbing voting disasters in several states, as nearly two-decade old touchscreen voting systems failed in Indiana, including flipping votes for at least the fifth year in a row, while brand-new, 100% unverifiable touchscreen voting systems being deployed in Pennsylvania and Georgia failed fantastically in several counties. Some voters were left unable to vote at all or facing long lines --- even during otherwise sparsely attended off-year municipal elections! Some candidates were left off of the electronic ballots all together and others found themselves with reportedly ZERO votes recorded on the all-new, way-better-than-the-old unverifiable touchscreen computer Ballot Marking Devices (BMDs) tested in both PA and GA before wide deployment for the critical 2020 Presidential election.

In GA, voters were unable to vote in 4 of 6 counties where the new $100 million Dominion Voting Systems ImageCast machines were test run in municipal elections, before they are deployed statewide to 7.5 million voters next year. The electronic pollbook systems that creates voter cards that must be inserted into the touchscreens weren't working properly on Election Day in those 4 counties, after they had worked fine during pre-election tests and early voting.

In the critical battleground state of PA, there were all kinds of problems with the new ES&S ExpressVote XL systems deployed for the first time to Northampton County (where the systems were said to be operating incredibly slowly and results were reported as 0 for some candidates, as later confirmed by the County) and in Philadelphia, where candidate names were missing and many of the machines reportedly refused to work at all. (But this will all be fine by 2020, right?)

As to actual reported results from key contests on Tuesday, we break down a disappointing, if not completely surprising gubernatorial loss for Dems in Mississippi, a big apparent win for Kentucky Democratic gubernatorial candidate Andy Beshear and the challenge to that still-unofficial victory by the state's unpopular Governor Matt Bevin, and then the unequivocal success for Dems in the great Commonwealth of Virginia. There, a blue wave resulted in new Democratic majorities in both the House of Delegates and state Senate. The long-awaited victories, along with a Democrat already in the Governor's mansion, mean that Dems will enjoy a "trifecta" in Virginia for the first time in nearly 25 years.

We're joined today by DELEGATE MARK LEVINE, representing Virginia's 45th District (including parts of Alexandria, Arlington, and Fairfax County) in the House of Delegates. Levine, who ran uncontested for his third term on Tuesday, credits Trump, almost entirely for the rise of the Democratic Party in the once deeply-red state. "I like to say the only good thing Donald Trump has ever done in his life is help us win state legislative seats," he says, describing the President as "the gift that keeps on giving". He "fed our fire," he argues, adding that he believes the ongoing impeachment proceedings helped, rather than hurt, turnout for Democrats in the Commonwealth just outside of Washington D.C

We also discuss the effect that recently court-ordered un-gerrymandered maps had on flipping the two General Assembly chambers from red to blue on Tuesday, as well as the role the state's recent switch from hackable and unverifiable touchscreen voting systems to hand-marked paper ballots may have had, and whether Democrats will continue to support a state constitutional amendment for an independent redistricting commission now that they will be in control of both the Assembly and the Governor's mansion after the 2020 Census.

Levine, the longtime progressive radio host of "The Inside Scoop from Washington", breaks down a litany of long overdue policy agendas Democrats plan to undertake with their newly won majorities, including becoming the final state needed to ratify the Equal Rights Amendment (though legal battles await after their passage of the ERA).

"We're going to lead the way on gun safety laws. We're going to finally do something about climate change, which the Republicans have been fighting us on for decades. We're going to raise the minimum wage. We're going to do criminal justice reform. We're going to have non-discrimination for LGBT Virginians. We're going to improve education and teacher salaries, and workers' rights, consumers' rights, lower the cost of health care --- I'm really just getting started," he says, before explaining that "Democrats are unanimous" when it comes to expanding voting rights as well, including making it easier to vote with early voting, same-day registration and more.

"We're going to get past the Joe Biden wing of the party and into the Elizabeth Warren wing of the party," he vows. "Maybe some things on the further-most progressive edge, we might not have the votes for. But we're going to do a lot to change Virginia in a very blue direction"...

Download MP3 or listen to complete show online below...

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Election Day 2019 voting system failures; Donald Trump failures; 2020 polling failures; And what YOU must now do about all of it...
By Brad Friedman on 11/5/2019 6:08pm PT  

On today's BradCast: It's Election Day today, and not going well in several states. But it's also Election Day one year from today, for President, and we've got some very timely advice. [Audio link to show follows below.]

Voter are voting, or trying to, in dozens of states around the country today. And, like clockwork, voting systems --- particularly newly installed touchscreen and electronic pollbook systems --- are failing and causing long voting times in a number of states (like New York, Virginia, and Indiana --- where "about 30% of the 93 precincts in St. Joseph County" had touchscreen problems, according to its County Clerk), even in sparsely attended off-year elections. We'll have more such problems as they come to light, undoubtedly, along with noteworthy results of Tuesday's elections across the nation, on tomorrow's BradCast.

But, while we're waiting, as we are now exactly one year out from next year's critical Presidential election, there is every reason to imagine (foolishly, we'll add here) that Donald Trump will be wiped out in a landslide next year. All things being equal, on a level playing field and sane world, he would be. But we live in neither these days. Even setting aside his ongoing impeachment, his last week has been an embarrassment of failures.

  • His withdrawal from the landmark Iran nuclear agreement has now resulted in Iran installing at least 60 new, modern, high-speed centrifuges to enrich uranium, which had been previously banned under the pact --- until Trump broke it.
  • An analysis of U.S. troops now both coming and going in Syria following Trump's sudden declaration that the U.S. was pulling out of the warn torn nation and his subsequent announcement that he was sending troops in to defend oil field left abandoned by our fleeing Kurdish allies, means that when all is said and done, the U.S. will have 900 troops in the country. That, versus the 1,000 that were there previously. And with all of that, "the United States has deserted its pivotal Kurdish ally; ceded territory the Kurds had controlled to Syria, Turkey and Russia; and opened the door for a possible Islamic State resurgence" as hundreds of ISIS prisoners were able to escape in the Trump-created confusion.
  • At the same time, back home, we've learned that Trump's "impenetrable" border wall, built with $10 billion in tax-payer dollars (not Mexican pesos), is anything but impenetrable, as smugglers are said to be breaching it with a simple power tool available for under $100 at Home Depot.
  • And while he hasn't cancelled Native American Heritage Month, as some on the Internet were reporting on Monday, he has declared November, awkwardly, for the first time, to also be National American History and Founders Month, a pet White Powery swamp project of one of his top campaign funders.

With all of that failure and ineptitude and embarrassment and corruption --- from just the past several days alone --- you'd think this guy would be heading toward a blow-out landslide loss next year to whichever candidate or ham sandwich Democratic voters nominate to run against him in 2020. Indeed, Washington Post and ABC News today published new polling showing that, among currently registered voters, all five leading Democratic candidates (Biden, Sanders, Warren, Buttigieg and Harris) crush Trump in head-to-head national match-ups next year by anywhere from 17 to 9 points. While that could ultimately turn out to be true, that polling --- and a lot of similar surveys you will hear over the next year --- are of NATIONAL polling. We do not run national elections in this country. We run state-by-state electoral college elections for President.

And, on that score, the New York Times has a much more sobering --- and even chilling --- preview of where they find that things currently stand in the six battleground states (MI, PA, WI, FL, AZ and NC) that were said to have decided the election in Trump's favor in 2016. In those states, Trump is currently believed to be even with or defeating the top Democrats, according to the new polling, which may be either right or wrong.

There are many caveats on that poll as well. Either way, it should serve as a very loud, screaming, red flag, siren alarm bell for those who believe Trump couldn't possibly win re-election next year. Given the more-art-than-science nature of such polling and our incredible fragile and vulnerable electoral systems, he absolutely could win the election again next year (just as we warned, to little avail or notice, in 2016.) Thus, NOW is a great time to take action: What are YOU going to do next year to help voters vote? We discuss and offer a few ideas. It's time to take action.

Finally, speaking of still more Trump failures, Desi Doyen joins us for the latest Green News Report, with news on the President's ridiculous withdrawal from the Paris Climate Agreement, yet another new oil spill on the Keystone Pipeline, and much more as we approach our 1000th episode of the GNR! (For which we humbly thank you for supporting through your donations at BradBlog.com/Donate! If you haven't done so lately, now would be a really great time to stop by with a one-time or recurring donation of any amount you like. Thank you!)

Download MP3 or listen to complete show online below...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 11/5/2019 10:37am PT  

IN TODAY'S RADIO REPORT: Trump Administration begins formal withdrawal from Paris Climate Agreement; Another significant oil spill on the Keystone Pipeline; Trump threatens to withdraw federal disaster aid for California wildfires; PLUS: Swedish teen climate activist Greta Thunberg takes her climate action message to Los Angeles... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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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): I’m a climate scientist who believes in God. Hear me out; First cyberattack on solar, wind assets revealed widespread grid weaknesses, analysts say; Possible solar storage breakthrough could be game changer; Indonesian journalists critical of illegal palm oil plantation found dead; Oil-rich Norway’s central bank sounds climate risk warning... PLUS: Exxon climate ads aren’t "political," according to Twitter... and much, MUCH more! ...

--- Click here for REST OF STORY!... ---




Guest: Slate's Dahlia Lithwick on not returning to SCOTUS; Also: John Oliver touches on touchscreens; KY Gov. Matt Bevin's reelection contest...
By Brad Friedman on 11/4/2019 6:13pm PT  

On today's BradCast: John Oliver touches on America's voting machine crisis, America goes to the polls again (using those same, unverifiable touchscreen voting systems), and one year after accused sex assaulter Brett Kavanaugh was sworn in as a U.S. Supreme Court Justice, one 20-year veteran SCOTUS journalist is refusing to return to the Court...and for very good reason. [Audio link to show follows below.]

First up, as we are now officially --- finally --- less than one year away from the critical 2020 Presidential election, our electronic voting systems in many states are still just as bad and dangerous and vulnerable and unverifiable as they were 15 years ago. And, in a bunch of states and jurisdictions across the country, they are getting even worse and less verifiable than they were in the 2016 election. HBO's John Oliver dipped into the issue on his latest Last Week Tonight on Sunday night and got a lot of stuff right regarding our easily-hacked, oft-failed touchscreen voting systems that have been in use over the past several decades. Unfortunately, he also left out a whole bunch of stuff regarding the new and equally vulnerable and 100% unverifiable computer touchscreen Ballot Marking Devices (BMDs) which are now being installed and proliferating in states (many of them key battlegrounds) from coast to coast before 2020. In short, as we detail, Oliver's report was excellent....if this was 2009. As it is now 2019, however, his commentary was a bit wanting. But, we'll take what we can get and that, of course, is why you have The BradCast.

In related-ish news, a bunch of off-year state and local elections are happening in several states on Tuesday. Among the noteworthy contests is the gubernatorial race in Kentucky, where the unpopular and very Trumpy Republican Governor Matt Bevin is fighting for his life in a race with Democratic Attorney General Andy Beshear (son of the Bluegrass State's former Governor Steve Beshear), in what pre-election polls suggest is currently a dead-heat contest. But, as we detail today, Bevin was down anywhere from 3 to 5 points in pre-election polling during his first run for Governor against then Democratic Attorney General Jack Conway in 2015. Nonetheless, as we detailed that year, he somehow ended up winning the race, reportedly, by nearly 9 points in a state which still forces many voters to use the same unverifiable touchscreen voting machines that helped Bevin win in 2015. Many of those systems are the same very old, vulnerable and unverifiable ones which Oliver railed against on his HBO piece on Sunday. Trump is in KY on Monday night to help "drag one of the nation’s most unpopular governors across the finish line," as the New York Times describes it today, in what many see as a potential bellwether race ahead of 2020.

Meanwhile, it has now been just over a year since Brett Kavanaugh was sworn in to his lifetime post as an Associate Justice on the Republicans' stolen U.S. Supreme Court. He was seated on the bench almost immediately after Republicans in the U.S. Senate rammed through his nomination --- with the help of a trumped up FBI "investigation" --- late last year despite multiple, credible allegations of sexual assault against Kavanaugh from the time he was in high school and college.

Longtime SCOTUS journalist DAHLIA LITHWICK wrote at Slate last week about why she has not returned to the Court since Kavanaugh was sworn in. She joins us today to discuss the reasons behind her decision, and why, as she described, she will "not accede to the routinization and normalization of the unprecedented seat stolen from President Back Obama in 2016" by Mitch McConnell and Republicans, nor from the "unprecedented seating of someone who managed to himself evade the very inquiries and truth-seeking functions that justice is supposed to demand" in Kavanaugh.

"One-quarter of the federal appeals courts, at this moment, three years into the Trump presidency, are Trump nominees. We're not just talking about nine justices on the Supreme Court. We're talking about the most strategic, systematic takeover of the federal bench that any president has ever effectuated," she tells me. "And that is happening day by day, right under our noses. And those judges are also going to sit for decades. So it's not just the Supreme Court."

It's a fascinating and important conversation, I think, about not only why none of us should simply "get over it" and "move on", when it comes to both Kavanaugh and the stolen seat filled by Neil Gorsuch, but also why our nation's seeming inability (or even interest) in assuring accountability for all manner of precedent --- and criminal law --- breaking in recent years has brought the country to the perilous position we now find ourselves in: Trump in the White House, the Supreme Court stolen and federal courts packed with unqualified rubes for life, and SCOTUS on the precipice of deciding a number of enormously momentous issues this session from union rights to reproductive justice.

"It's what happened when Barack Obama made the decision that we just are not going to re-litigate the CIA torture program, and this very aspirational notion that if we all forgive and forget, we all get to meet in the middle and work toward better outcomes. It's kind of Lucy with the football --- it never works out to meeting in the middle and working toward better outcomes. It just turns out that, yet again, ground has been ceded," she tells me.

"We're really bad at this. The heart wants what it wants, and the heart wants normal. I think that we keep believing that this erosion, this slow systemic erosion of norms, is somehow normal. I thought it was a law, it's not a law. I thought it was a rule, it's not a rule," says Lithwick. "We didn't didn't used to seat 37-year-old bloggers who've never set foot in a court room as a federal judges for life. And now we do. There's no law, there's just a norm. What I was trying to get at in the piece is that constantly acceding to this and saying, 'Well, this is what it is now' --- that there are costs. There are huge, huge costs to democracy."

"Our scrutiny, our unwavering, unflinching, I'm-not-over-it scrutiny does make a difference," she insists. "We need to hold the Court to the same unflinching, 'we're watching you,' 'we care'. That seems like soft power, I understand it's not optimal, but I think the Court responds. What they really want is for us to put this on page A27 and get over it. And that's our choice, not theirs."

Lots of important stuff here, as I said. Can't really summarize it well enough here, so please tune in.

Also, Lithwick rings in with some thoughts --- which tie into the broader conversation --- on what she expects from John Roberts' Supreme Court following today's ruling by a federal appeals court in Manhattan that Trump's accounting firm, Mazars USA, must turn over some 8 years of his and his company's tax and other financial documents to New York state prosecutors and a similar decision by a federal appeals court in D.C. last month that the same firm must also turn over similar records to Congressional investigators in response to yet another lawful subpoena...

Download MP3 or listen to complete show online below...

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By PDiddie on 11/3/2019 7:18am PT  

--- Click here for REST OF STORY!... ---




Guest: Politico's Alice Ollstein; Also: Repubs suppressing the 2020 student vote, Dems push-back in TX; Katie Hill's final floor speech...
By Brad Friedman on 11/1/2019 6:31pm PT  

On today's BradCast: Progressive 2020 Democratic candidate Elizabeth Warren finally releases her detailed proposal explaining how she plans to pay for "Medicare for All" with "not one penny in middle-class tax increases" and Democrats begin their push-back against a coordinated national GOP effort to curb surging turnout by young voters who, for some reason, tend to lean strongly Democratic when they are allowed to vote. [Audio link to show is posted below.]

First up, we're joined by longtime health care reporter ALICE OLLSTEIN of Politico to break down the pay-fors and the politics of Warren's newly introduced details on how she hopes to fund her $52 trillion single-payer Medical for All plan without raising taxes on the middle class. Warren, in a 9,300-word Medium post on Friday, explained that "Medicare for All is about the same price as our current path --- and cheaper over time." The difference with our current path and her plan, she says, is that her plan covers everyone and even includes new benefits for dental, vision and long-term care, without spending more money than Americans pay overall right now for care that is twice as expensive as the rest of the developed world, but with worse outcomes.

Where fellow progressive Bernie Sanders has emphasized that middle class taxes would necessary increase under his version of Medicare for All while overall costs to Americans would be lower (thanks to no more monthly premiums, co-pays, deductibles, etc.), and where more centrist 2020 Dems like Joe Biden, Pete Buttigieg, Amy Klobuchar and Kamala Harris have argued that it would be impossible to find the trillions needed for such universal single-payer plans, Warren laid out her proposal for covering everyone with better care, doctors of their choice, and no increases in taxes on the middle class. The burden as she describes will fall largely on corporations and the top 1% of taxpayers.

"It's interesting that there's been so much focus and pressure on her to produce a plan to pay for a plan that she didn't write --- it's Bernie's plan. But she has embraced it, and since she has made her personal brand being the woman with a plan for everything, it makes sense why she was pressed on this, and why she felt that she had to put something serious out there," Ollstein tells me.

Warren's plan, as Ollstein reports, even offers incentives for business to unionize in order to save money for both workers and companies, while companies are required to pay no more for health care than they already do. Effectively, argues Ollstein, Warren's expansive proposal is effectively "trying to flip the tables" back on her opponents to demonstrate how either she is wrong about her plan, or how their own plans might offer better coverage to all for less money.

Her Democratic competition, however, are not the only ones currently gunning for both her as she continues to rise in the polls, and the others seeking to improve our woeful health care system. "The medical providers have been mobilizing all year long, not just against Medicare For All but for all of the more incremental reforms, as well. They do not want to take a haircut on any of this. And this would be far more than a haircut. This would be a very deep cut."

The debate over Warren's extraordinary ambitious proposal, however, and those of other Democratic candidates, will continue for some time, even if one of them is elected. "What ends up getting actually debated and passed will not look like what we're talking about now," Ollstein predicts. "How close it looks like to what we're talking about will depend on who turns out to vote in 2020, and who sits in those seats in the House and Senate. Because, man, elections matter."

Yes, they do. And Republicans know it. And the GOP effort to prevent Warren or any other Dem who wants to improve health care for Americans from taking ofice is already well under way in a number of battleground states, including Wisconsin, New Hampshire, Florida, North Carolina and Texas, where Republican lawmakers have been instituting particularly insidious measures to make it much harder for young voters, in particular, to cast a vote at all next year. We detail some of those anti-democratic and anti-Democratic measures today, along with some of the first of the push-back from Dems, who filed suit this week against a recently adopted Texas law that effectively shuts down voting all together on many college campuses. That, as voters in Texas and a number of other states, including Virginia, head to the polls for important elections this coming Tuesday.

In related breaking news as well today, Democratic 2020 candidate Beto O'Rourke of Texas announced that he would be dropping out of the Presidential nominating contest.

Finally, freshman Democratic Congresswoman Katie Hill of California offered her final U.S. House floor speech on Thursday, following the vote on rules for the process of impeachment of Donald J. Trump. Her remarks come after announcing her abrupt and surprise resignation last weekend in the wake of an ugly divorce battle, an ethics investigation regarding an affair with a staffer (which she denies), and nude photos of her being published by rightwing websites. She suggests those photos were given to her opponents by her "abusive" husband. In her fiery final floor remarks, Hill excoriates what she describes as a double-standard for women who are victimized by revenge porn, even as men who are credibly accused of sexual assault and violence, like the President of the United States (and two U.S. Supreme Court Justices) remain happily in office...

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Also: Impeachment 101; NSC official offers first-hand corroboration of Trump's quid pro quo pressure campaign...
By Brad Friedman on 10/31/2019 5:59pm PT  

On today's BradCast, in an historic vote, the U.S. House officially adopted formal rules and procures to govern the ongoing impeachment inquiry of Donald J. Trump. We also do a bit of helpful Impeachment 101 to explain how it works, and what we know historically about the process from the three prior Presidential impeachment proceedings against Andrew Johnson, Richard Nixon and Bill Clinton. [Audio link to program is posted below.]

Then, it's on to today's vote in the U.S. House, undercutting a limp Republican argument --- already undercut by a federal court last week which determined no such vote was actually required by the Constitution to proceed with impeachment --- a sharply divided House adopted a resolution [PDF] by a 232 to 196 vote, setting out official rules for how the inquiry will proceed. All present members of the GOP voted against the measure and all but two Democrats (conservative ones, from districts won by Trump in 2016) voted in favor. So did former Tea Party Republican turned Independent Rep. Justin Amash of Texas.

The resolution sets the ground rules for upcoming public hearings in the House Judiciary Committee with witnesses who have testified to members behind-closed-doors in recent weeks. The adopted procedures allow the President and his attorneys to participate and cross-examine witnesses in those hearings, as well as request subpoenas for their own witnesses and other evidence, as long as they do not obstruct the proceedings or continue to withhold evidence. The Democrats are targeting a timeline that could see a vote on Articles of Impeachment in the Judiciary Committee and then the full House by Christmas, unless it is further derailed by continuing White House obstruction.

We cover the historic floor arguments today in favor of the resolution offered by Democrats from House Speaker Nancy Pelosi to Intelligence Committee Chair Rep. Adam Schiff to several rank-and-file members, along with arguments against the resolution from members like House Minority Leader Kevin McCarthy and Minority Whip Steve Scalise.

Even as today's vote was carried out, both Democratic and Republican impeachment investigators from the Intelligence, Foreign Services and Oversight Committees continued taking depositions behind closed doors on Thursday, from witnesses testifying about Trump's quid pro quo pressure campaign against Ukraine, which is at the center of the current effort to consider official Articles of Impeachment against the President. Testifying in the House today was the top Russia expert on the White House's National Security Council, Tim Morrison, who was hand-picked by his immediate superior, the extremely right-wing then National Security Advisor John Bolton (who Democrats have also summoned to offer testimony in coming days.) Morrison reportedly corroborated accounts by other senior Administration officials that Trump did, in fact, personally push to withhold $391 million in Congressionally-allocated security assistance to Ukraine in exchange for a commitment from its new President to open an investigation into Joe Biden and a conspiracy theory that Ukraine (not Russia) attempted to manipulate the 2016 U.S. Presidential election.

Finally today, Desi Doyen joins us for the latest Green News Report with new evidence that Donald Trump is losing --- and losing badly --- the "War on Coal", the ominous sign for every state offered by California's wildfires and power blackouts, a very disturbing new study on sea level rise, and a number of major automakers joining Trump in his battle against California and a number of other major automakers on mileage and emissions standards...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/31/2019 11:15am PT  

IN TODAY'S RADIO REPORT: Nation's largest coal company files for bankruptcy; California wildfires and blackouts hold ominous warning for every state in the nation; New research warns severe flooding for coastal cities will arrive faster than predicted; PLUS: Major auto-companies side with Trump Administration against California on auto emissions... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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IN 'GREEN NEWS EXTRA' (see links below): This perfect shitstorm crystallizes the climate crisis we all face; Big Oil wants your love, and it's using Obama to get it; Louisiana’s ‘Cancer Alley’ gets even more toxic — residents fight back; Greta Thunberg rejects major climate award: "start listening"; Keystone pipeline leaks oil [again]; FPL wants to run Turkey Point’s nuclear reactors for 80 years; Prolonged Missouri River flooding could last all winter... PLUS: Captured By Coal: ‘Like a death in the family... and much, MUCH more! ...

--- Click here for REST OF STORY!... ---




Guest: Media reformer Sue Wilson; Also: Preemptive blackouts threaten CA elections; GOP tries denial as impeachment defense; Trump Campaign has bought 69,000 Facebook ads since May...
By Brad Friedman on 10/30/2019 6:24pm PT  

Right in the middle of today's BradCast, as we were discussing the very topic, Twitter announced that they would be blocking all political ads before 2020 from their massive social media site. As our guest today explains, however, Facebook, still refuses to even fact-check political ads purchased on their site, no matter how demonstrably false and misleading they are. [Audio link to show is posted below.]

But first today, as fires rage up and down the great state of California due to climate change-fueled winds, heat, tinderbox dry conditions and preemptive power blackouts by private, for-profit utility companies who failed to heed early warnings, it's become clear that elections in the Golden State are now also endangered. Exactly one year out from next year's critical Presidential election, a number of large counties in the state, most notably here in Los Angeles (the nation's most populous voting jurisdiction) are moving to 100% unverifiable electronic touchscreen voting systems, rather than verifiable hand-marked paper ballots, and to e-pollbook systems at Voting Centers which rely on the Internet to establish voter eligibility before voting, rather than old school paper pollbooks.

Both new systems also require electricity for voters to be able to cast their votes at all. But what if power companies are forced, at this very same time next year, to once again preemptively shut down power to avoid the threat of utility line sparked wildfires? We have queried L.A.'s County Clerk and Registrar Recorder's office seeking information on what their backup plans are for such a situation, should it occur, next year. We'll let you know what, if anything, we hear back from Registrar Dean Logan or his office on an upcoming show.

Then, today's impeachment update includes a look at another one of the Republicans' latest attempts to find a way --- some way, any way! --- to defend Donald Trump's well-documented quid pro quo pressure campaign against Ukraine, as he withheld hundreds of millions of dollars in Congressionally-allocated military assistance in hopes of forcing Ukraine's President to commit to a probe of Trump's 2020 political rival Joe Biden. After eviscerating, on yesterday's program, the disingenuous cries from GOPers in recent days that the inquiry was unfair to the President for lack of "due process," today we highlight several of the attempts by a number of Republicans to simply deny the entire matter even exists. From Presidential son-in-law Jared Kushner's recent claim that the impeachment is little more than a "silly game" because the President "hasn't done anything wrong", to Rep. Mark Amodei (R-NV)'s refusal to answer even the simplest questions about Trump's documented behavior, to Rep. Ted Yoho (R-FL)'s admission that he hadn't even attended a single impeachment inquiry hearing session, despite being a member of the House Foreign Affairs Committee, one of three that has been taking depositions behind closed doors from witnesses in the Ukraine affair over the past several weeks.

Then, with the Trump Campaign having purchased some 69,000(!) micro-targeted Facebook ads since May alone, many of them either entirely false or horrifically misleading (and amounting to more ads in total than all 18 current Democratic 2020 Presidential candidates combined!) we're joined by SUE WILSON, former Emmy and AP-award winning broadcast journalist turned media reform activist and founder of the Media Action Center, to discuss the controversial refusal by Facebook CEO Mark Zuckerberg to fact-check political ads purchased on his enormous social media site.

Wilson recently wrote at The BRAD BLOG about the controversy, sparked by Zuckerberg's refusal to block a clearly false Trump ad which CNN refused to air, and a subsequent false ad by Elizabeth Warren that she purposely ran at Facebook (and admitted was false) in order to press the point. That column, critiquing Zuckerberg's claim to be following local broadcaster ad standards (despite not being a broadcaster) as an important issue of "free speech", was published prior to some 200 employees of the social media giant signing a public letter this week calling for a number of the same reforms cited by Wilson in her recent op-ed.

"Personally, I'm offended by the idea that lying ads are the same as free speech," she tells me. "That is not free speech. It is paid speech, paid-to-misinform-people speech."

Wilson describes the breaking news about Twitter as "wonderful", adding: "It's kind of ironic that it's taking Facebook for us to start looking at these political ads that are allowed to lie to us. Not only should Facebook ban all political ads, but we should rewrite the laws so that broadcasters ban all political ads. This is a giant industry which promotes misinformation, and this is one very good way to start telling the truth to America."

Wilson debunks a number of Zuckerberg's claims about his ill-considered policy decision to allow all paid political propaganda ads by campaigns to run, no matter how many lies are included in them, and explains the arcane, nearly century-old federal requirements regarding which political ads broadcasters (versus cable channels and television networks) are allowed to prevent from running and which ones they may not censor, no matter how demonstrably false they may be.

Today's conversation with Wilson makes clear that Facebook needs to, as its own employees advise, rethink its current policy, at a minimum, before the platform is further "weaponized" by political campaigns with "destructive misinformation" that threatens our very democracy, even as concerns about political censorship by huge media outlets remains a concern. Hope you'll tune in for this important discussion in advance of next year's critical Presidential election!...

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Guest: Former Asst. U.S. Attorney Randall Eliason; Also: Army officer was so alarmed by Trump's Ukraine scheme he alerted NSC lawyers; NC court orders ungerrymandered U.S. House maps for 2020!...
By Brad Friedman on 10/29/2019 6:17pm PT  

On today's BradCast: We're at the point in the ongoing impeachment inquiry of Donald J. Trump when the facts against him have become so damning that he and his supporters in Congress are pretty much just tossing everything they can against the wall to see what, if anything sticks. [Audio link to show is posted below.]

But first today, some long-overdue very good news out of North Carolina, where a three-judge state court panel has determined the state's Republican-drawn Congressional maps to be an "extreme partisan gerrymander" and has ordered new maps before the 2020 elections. The court went so far as to state that no more Congressional elections may be run on the current maps, and if new ones aren't drawn in time for next year's March 3 primary election, the judges --- two Democrats and a Republican --- will postpone the primaries until they do.

The news is long-overdue, though hardly a surprise. North Carolina is the most divided of swing states, but the GOP-skewed maps have resulted in 3 Democrats and 10 Republicans in the state's Congressional delegation for the past decade. A federal appeals court already ruled the same map to be an unconstitutional partisan gerrymander and ordered a new one drawn. But that ruling was ultimately over-ruled by the stolen Republican majority on the U.S. Supreme Court earlier this year, when they declared in a 5 to 4 opinion that federal courts may not hear partisan gerrymandering cases. Only state courts may now do so, and now North Carolina's state court has done so. The same court ruled last month that the state's legislative districts were also drawn in violation of the state constitution and ordered new maps there as well.

Meanwhile, speaking of Congress, a White House national security official and decorated Iraq War vet offered startling testimony to House impeachment investigators on Tuesday, regarding Trump's scheme to withhold nearly $400 million in military assistance to Ukraine unless the nation's President promised to investigate Joe Biden in advance of the 2020 election. Lt. Col. Alexander Vindman serves as the top Ukraine expert on the White House's National Security Council (NSC) and is the first official to testify in the impeachment matter who actually listened live to Trump's infamous July 25 "I need a favor though" phone call with Ukrainian President Volodmyr Zelensky.

According to Vindman's prepared opening statement obtained by the New York Times, the veteran Army officer and longtime civil servant was so alarmed by Trump's strong-arm tactics and withholding of military aid that, out of a "sense of duty", he alerted the top lawyer at the NSC --- twice --- in order to register internal objections about the policy, which he feared would "undermine national security."

"I am a patriot,” Vindman says in his testimony, "and it is my sacred duty and honor to advance and defend our country irrespective of party or politics." Since news of his testimony broke on Monday night, rightwing media have been attacking the Purple Heart winner who was wounded by an IED in Iraq, as a traitor who must be working for Joe Biden or George Soros or Ukraine, after he fled the then Soviet-controlled country as a 3-year old with his parents in 1979.

Next, were joined by former Asst. U.S. Attorney turned George Washington University Law School professor RANDALL ELIASON to discuss the Republicans' continuing, nonsensical whining that the impeachment inquiry lacks "due process" for the President. Though each of their arguments toward that end have been dismantled by both facts and federal courts in recent days, they are still making the case which Eliason describes as "nonsense" in his latest Washington Post op-ed.

He explains why on today's program, noting the old "saying in Washington, that if you're arguing about process then you're losing," adding: "I think that's certainly the case here." Eliason, a longtime expert in white collar crime, government fraud and federal criminal law, responds to a number of different allegations being offered by Trump and his defenders, including the specious claim that there is no crime at the heart of Trump's quid pro quo pressure campaign against Ukraine.

He also offers his thoughts on the recent news --- and "incredibly suspicious" timing behind it --- that Trump's Attorney General Bill Barr has elevated the Dept. of Justice's probe into the origins of the 2016 investigation into Russian election meddling into a criminal investigation of some sort.

Finally, Desi Doyen joins us for the latest Green News Report on California's wind-drive wildfires, Massachusetts' new climate fraud lawsuit against Exxon Mobil, and Trump's new plan to steal Syria's oil in violation of international law. Also, as we close, late news and a few thoughts on the nation's largest private coal company, Murray Energy, declaring bankruptcy protection today. So much for Trump's promise to save the dirty coal industry. Now, what about the company's long-serving coal miners who may very well lose their pensions and health care under Trump-supporter Robert Murray's scheme to restructure his dying company?...

Download MP3 or listen to complete show online below...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/29/2019 11:10am PT  

IN TODAY'S RADIO REPORT: State of emergency in California, amid massive, wind-driven wildfire outbreak; Massachusetts sues Exxon Mobil over climate fraud; Poll finds Americans want less oil and gas exploration, not more; PLUS: Trump's plan to take Syria's oil has a small problem --- it violates international law... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Coal giant Murray Energy is 8th coal company to declare bankruptcy this year; GM, Toyota side with Trump in CA emissions fight; Secret deal helped housing industry stop tougher rules boosting energy efficiency, disaster resilience; 'Evil economics': Rev. William Barber condemns proposed plastics facility in Cancer Alley; Mars Candy still contributing to rampant deforestation, despite pledge; Global warming will cost rich and poor countries alike; CDC whistleblower says he was told not to use phrase "climate change" after Trump elected.. PLUS: Climate change has set California on fire. Are you paying attention?... and much, MUCH more! ...

--- Click here for REST OF STORY!... ---




Conyers, Hagan, RIP; Hill resigns; Another House GOPer retires; Trump touts ISIS kill, lies about bin Laden; Former Bolton aide a no-show at impeachment; Pence ducks Ukraine questions; Senate Repubs on edge...
By Brad Friedman on 10/28/2019 7:03pm PT  

With the avalanche of news over the weekend and right up until airtime, we've got nothing but news on today's show. Most of it emanates out of Congress in one way or another, though we take a short side-journey to debunk a major lie over the weekend by Donald Trump. Even that, however, is ultimately about his fate in Congress as well. [Audio link to show follows below.]

Among the stories covered on today's wildly news-packed BradCast...

  • Former North Carolina Sen. Kay Hagan died on Monday at age 66, after a three year battle with encephalitis. We share some thoughts on the distinguished record of public service from the state's first female Democratic Senator.;
  • Former Democratic Rep. John Conyers died at the age of 90 on Sunday. The champion for civil rights and equal justice and longtime Chair of the House Judiciary Committee served 53-years in the House, making him the longest-serving African-American in Congressional history, before abruptly resigning in 2017 in the wake of sexual misconduct allegations which he refuted. He stated during his resignation that he believed he was unlikely to receive due process during the peak of the "#MeToo" era. We share a number of his many lasting accomplishments today, including his successful 15-year fight to adopt a national Martin Luther King Day holiday, a years-long effort he began just four days after the civil rights legends' assassination. (Conyers was the only candidate for Congress ever endorsed by MLK.) We also share a number of personal reflections on our years working with Conyers and his office in various ways at The BRAD BLOG, particularly during the darkest years of the George W. Bush Administration. (As mentioned on the program, here is the kind message he sent to the blog in 2005, and here is his guest blog from later that same year.);
  • And, speaking of a lack of due process, rising-star freshman Rep. Katie Hill announced her own resignation from Congress on Sunday, less than a year after flipping the last Republican-controlled House seat in Los Angeles County in her 2018 election. The 32-year old California Democrat was granted a position on Leadership in the House and a plum position on the House Oversight Committee. However, allegations about an affair with a legislative staffer, which she denies, in violation of House rules was at the center of a complaint filed with the House Ethics Committee. The publication of illicit photographs and text messages attributed to the Congresswoman, which she charges were released by her estranged "abusive" husband, made her ability to fight the charges "untenable," according to House Speaker Nancy Pelosi who praised Hill. Seen as a voice for Millennial voters, Hill describes the released photos as unlawful "revenge porn," while many supporters feel she should not have stepped down;
  • On the GOP side of the aisle, the woes are far worse. Yet another senior Republican House member, Rep. Greg Walden announced on Monday that he will not seek re-election, even as the Oregon lawmaker was thought likely to be reelected to long held seat in . He is the 19th House Republicans, many of them senior members who are current and former committee chairs, to declare their intent to retire next year, all but conceding that Republicans have little or no chance of winning back the U.S. House majority in 2020;
  • On Sunday, Donald Trump announced that a targeted mission by U.S. special forces succeeded in killing long-sought ISIS leader Abu Bakr al-Baghdadi in northwestern Syria. After Trump's brief announcement, in which claimed that al-Baghdadi blew himself up with a suicide vest and "died like a dog", "crying", "whimpering" and "screaming", Trump went on to sing his own praises during an insane question and answer period with the press for a good 45 minutes. He claimed that the killing of al-Baghdadi was a much bigger deal than the killing of Osama bin Laden during the Obama Administration, and that he, unlike anybody else, had called for the killing of bin Laden long before the 9/11 terror attacks, in his book "The America We Deserve".

    Multiple fact-checks by multiple news outlets, however, detail that Trump did nothing of the kind in his book, where he barely referenced bin Laden in a single passage. He did not calling for him to be killed, though he did recognize him as "public enemy Number One," which also serves to debunk his own claim at the Sunday presser that "nobody had ever heard of Osama bin Laden" until 9/11. Trump's bizarre spectacle on Sunday, trumpeting his triumph and offering easily debunked false assertions, serves to add a question mark to his claims about al-Baghdaddi --- Russia's foreign ministry is dubious about the kill --- and otherwise serves to underscore what a horrible fact and character witness Donald Trump is for himself, given the ongoing impeachment inquiry he is now facing in the U.S. House;

  • Speaking of which, former Deputy National Security Adviser Charles Kupperman, who worked directly under former NSA John Bolton, failed to show up for his deposition before House impeachment investigators today, after seeking a ruling from a federal judge as to whether he was legally required to comply with a House subpoena. His testimony, if and when it happens, is expected to underscore concerns that Bolton reportedly had about the quid pro quo pressure campaign Trump was running against Ukraine while withholding nearly $400 million in military assistance to the country in exchange for a promise from its President to investigate 2020 candidate Joe Biden and a rightwing conspiracy theory concerning Ukraine's involvement in the 2016 Presidential election;
  • The Ukraine scandal left Vice President Mike Pence going to extraordinary lengths to avoid answering --- four times --- a simple question on Face the Nation on Sunday as to whether or not he knew about the strong-arm scheme before Trump's infamous July 25 phone call with Ukrainian President Volodymyr Zelensky, as corroborated last week by the explosive testimony of top U.S. envoy to Ukraine Bill Taylor and, apparently, by others as well;

Download MP3 or listen to complete show online below...

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AG Barr ordered to hand over grand jury transcripts, exhibits redacted from the Mueller Report to Congress by October 30
UPDATE 10/29/19: DC Circuit Court of Appeal Grants Temporary Stay of Order to Release Grand Jury Materials...
By Ernest A. Canning on 10/28/2019 9:35am PT  

In her landmark, 75-page decision filed on Friday, U.S. District Court Judge Beryl A. Howell did much more than simply grant a motion filed by the House Judiciary Committee (HJC) to compel the U.S. Department of Justice (DOJ) to provide it with grand jury materials from Special Counsel Robert Mueller's probe that had been previously concealed. In that same order, the court systematically demolished every quasi-legal objection the DOJ and White House have raised in their specious efforts to interfere with an ongoing and lawful impeachment inquiry.

The core question raised by HJC's motion was whether the court should order the DOJ to release pertinent grand jury materials in accordance with Rule 6(e) of the Federal Rules of Criminal Procedure. Although grand jury testimony and exhibits are ordinarily kept secret, Rule 6(e) authorizes a court to order the disclosure of such materials "preliminarily to" or "in connection with a judicial proceeding" when there is a "particularized need" for disclosure.

Judge Howell suggested that a House impeachment inquiry, in and of itself, may be considered a "judicial proceeding". She concluded, however, that the court did not have to reach that issue because the HJC was correct in its assertion that its impeachment inquiry was "preliminary to" a judicial proceeding.

In her erudite decision, Howell cited historical practice, the Federalist Papers, the text of the Constitution, and both Supreme Court and binding DC Circuit Court of Appeals precedent. All of these make it abundantly clear: U.S. Senate impeachment trials are "judicial proceedings". Indeed, the DOJ's contrary position is not only at odds with the appellate decision in Haldeman v. Sirica (1974) but also with the DOJ's own legal position in that Watergate-era decision. The DOJ was unable to satisfactorily explain why, under Attorney General William P. Barr, it had changed its previous, long-standing legal position.

The "particularized need" to release the materials arises, in this instance, because Mueller, in deference to the opinions of the DOJ's Office of Legal Counsel (OLC) that a sitting President may not be indicted,* refrained from reaching conclusions about the legality or illegality of the President's conduct. "This," the court observed, "leaves the House as the only federal body that can act on allegations of presidential misconduct." Yet, the court observed, "under the DOJ's reading of Rule 6(e), the Executive Branch would be empowered to wall off any evidence of presidential misconduct from the House by placing that evidence before a grand jury."

The DOJ's contentions were, thus, not simply wrong but untenable. "In carrying out the weighty constitutional duty of determining whether impeachment of the President is warranted," Judge Howell observed at the outset of her opinion, "Congress need not redo the nearly two years of effort spent on the Special Counsel's investigation, nor risk being mislead by witnesses, who may have provided information to the grand jury and the Special Counsel that varies with what they tell HJC."

Had she stopped there, Judge Howell's ruling would be significant. Her demolition of every argument against the validity of the impeachment inquiry that has been presented by the DOJ, by the White House and by some Republican members of Congress, however, was nothing short of breathtaking...

--- Click here for REST OF STORY!... ---




By PDiddie on 10/27/2019 6:22am PT  

--- Click here for REST OF STORY!... ---




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