On today's BradCast: The chaos that is the Trump Administration continues to move faster than anyone can possibly keep up with. But we try. [Audio link to show follows below]

First up today: Late last week a judge in Arkansas found the state's second try at a Photo ID voting restriction law to be as unconstitutional as the one struck down by the state Supreme Court four years ago. The new measure, adopted by Arkansas' Republican-majority legislature, has now been blocked in advance of the state's mid-term primaries coming up later this month. Leslie Rutledge, the state Attorney General who unsuccessfully defended the law, failed to demonstrate any evidence of voter fraud in court. The state is now appealing the lower court ruling. But, as we reported back in 2014, Rutledge herself committed actual voter fraud when she voted by mail in Arkansas even after registering to vote in Washington D.C.!

News out of Texas on this front is not as encouraging, as a split decision by a three-judge panel on the conservative 5th U.S. Circuit Court of Appeals decided to allow that state's new version of its voter-suppressing Photo ID law to be used in the 2018 mid-terms, though opponents are likely to appeal. Lower courts --- and even a unanimous panel on the 5th Circuit itself --- have repeatedly found both versions of the state's GOP-adopted state statute to be unlawful and/or in violation of the U.S. Constitution.

Then, we're joined today by national security journalist MARCY WHEELER of Emptywheel to try and make sense of, among other things, the nearly four dozen questions said to be from Robert Mueller's Special Counsel probe for Donald Trump, as published by the New York Times on Monday night after apparently being leaked by someone on Team Trump. Those questions include queries on Trump's alleged obstruction of justice, as well as Team Trump's so-called "collusion" with Russia before and after the 2016 election.

Wheeler explains why she believes the information was leaked and how its being desperately used by Trump to (falsely) suggest the Special Counsel has found no evidence of "collusion", despite the many published questions in the list which cite issues related to a conspiracy between Russians and members of the Trump Campaign.

"These guys are incompetent at governing and most every other thing, but they are very competent at playing the press. And they have played the press for the last six months, making it seem as if the only risk to Trump has to do with obstruction," Wheeler argues. "More than a third of these questions go to the conspiracy. It was never just about just obstruction."

We also try to make sense of the bizarre, late-breaking story regarding Trump's infamous gastroenterologist, Dr. Harold Borenstein, who is now charging that Trump's longtime personal bodyguard Keith Schiller and a Trump Organization lawyer "raided" his office last year to take Trump's medical records without the required legal forms, shortly after Borenstein told the media that Trump uses a hair-loss drug.

Wheeler also offers her insights into the new evidence suggesting that Trump is now tossing his old business partner and personal lawyer Michael Cohen under the bus in the wake of the recent FBI raids on Cohen's office and residences. "There are so many weird things about the Cohen thing that I hesitate to settle on an explanation for what's going on there, aside from the fact that I think that yeah, Trump is worried about him flipping."

All of it is perhaps best summed up by Wheeler's comment today: "It's a mess. Trump is in trouble."

Finally, Desi Doyen joins us for the latest Green News Report as an EPA whistleblower (and Trump supporter) charges that embattled EPA chief Scott Pruitt lied to Congress during recent testimony, and the Trump Administration is trying again to rollback fuel efficiency standards for vehicles. Both of those stories also have late updates today, as we now learn that two top (and controversial) EPA officials have recently resigned amid the mountain of Pruitt-related scandals, and as California and 17 other states sue the Trump Administration over its new attempt to rollback fuel efficiency...

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On today's BradCast: Listen for yourself to the speech that top politicians and corporate journalists have claimed to be furious about since the annual White House Correspondents Dinner on Saturday night. Then ask yourself: What the hell are these people talking about? [Audio link to full show is posted below.]

Over the weekend, we learned that the U.S. Department of Justice has literally rewritten their prosecutorial guidance manual for U.S. Attorneys in order to, among other things, remove the section on the "Need for [a] Free Press". That, just a week or two after we learned, via memos [PDF] written by then FBI Director James Comey immediately after several private meetings last year with Donald Trump, that the President seemed obsessed with the idea of arresting and throwing journalists in prison. "They spend a couple days in jail, make a new friend, and they are ready to talk," Trump reportedly said to Comey, according to one of the contemporaneous memos.

Despite all of that, many elite journalists in the corporate media, from the New York Times to NBC News to Fox "News" and beyond, have spent much of their last two days claiming to be outraged by a comedian's routine at the White House Correspondents Association Dinner. The (somewhat grotesque) annual event, which usually features the President (but hasn't in the two years since Trump took office and has refused to attend) is specifically, according to the first several hours of the event and the huge banner on the wall behind the dais, meant for the purpose of "CELEBRATING THE FIRST AMENDMENT".

Nonetheless, NBC's Andrea Mitchell and the NYTimes' Maggie Haberman among others in the media, joined high-ranking Republicans to blast that comedian, Michelle Wolf, in the days since the event, demanding an apology for Wolf's jokes that, they claimed, were divisive and, worse, attacked the physical appearance of White House Press Secretary Sarah Huckabee-Sanders. Only problem with that: Wolf didn't attack her physical appearance. She appropriately roasted Sanders (and many others) for lying to the press and the American people every day.

As many have probably heard about Wolf's outrageous "attacks" and what a "bomb" her routine was --- (Trump tweeted as much, along with the journalists, many times since) --- we thought it might be useful and informative to actually celebrate the First Amendment by playing Wolf's entire WHCD routine in full, so listeners can decide for themselves about the corporate media's bizarre response to it...at an annual event where thousands of the country's "access journalists" hobnob and back-slap with the very elected politicians they are supposed to be skeptically reporting on.

Then, we open up the phone lines to callers, just in case they heard the offense to Sanders' physical appearance that I must have missed. (Spoiler alert: Listeners didn't hear it either, even after I played Wolf's sometimes raunchy and satirically biting remarks in full! Go figure. But, listeners do have a few thoughts on why many elite politicians and members of the corporate media may have heard it that way.)

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On today's BradCast: After a months-long drought of one of our favorite guests, legal journalist MARK JOSEPH STERN of Slate returns today! And we make up for the deficit with a legal lightning round on a number of big cases being heard this and in recent weeks at the U.S. Supreme Court, as well as a number of important cases from elsewhere around the country.

Among the cases covered with Stern today: The years-long challenge to Texas Republicans' racial gerrymandering of Congressional and statehouse districts, which were struck down as unlawful by several lower courts, and Donald Trump's controversial anti-Muslim travel ban(s), which were also blocked by lower courts. The U.S. Supremes, however, may be on the verge of restoring both laws, according to Stern, despite previous findings of unconstitutionality. We also discuss the pending fate of two separate challenges to partisan gerrymandering heard recently by SCOTUS.

In both cases, Stern notes, referring to the stolen GOP majority on the Court after Obama's nominee Merrick Garland was blocked for a year, before Trump appointed Justice Neil Gorsuch: "I hope against hope that my predictions are wrong, but Republicans stole this seat for a reason."

But that's not all! We also hit several other important recent cases from federal courts around the country, which prove to offer a bit more encouraging news. Stern details the "complete train wreck" seen in a federal court in Kansas earlier this month, as their Sec. of State and top-shelf GOP "voter fraud" fraudster Kris Kobach disastrously attempted to defend his "proof of citizenship" voter registration law at trial. Kobach's humiliating effort resulted in a George W. Bush-appointed federal judge slapping him with the second of two contempt of court sanctions during the long case, and may signal, as Stern posits, the near end of the Republican Party's years-long disingenuous claims about a "voter fraud" epidemic.

"Kobach had committed a major self-own," Stern tells me. "He had gone into that trial thinking he was going to prove once and for all that 'voter fraud' was real, and he left that trial having inadvertently proved that it wasn't. He undermined all of the evidence that he had worked so hard to build up."

That, as one of Kobach's longtime colleagues in the long GOP "voter fraud" con, J. Christian Adams, finds himself as the defendant in a new lawsuit filed in Virginia by a number of U.S. citizens who were inaccurately accused by Adam's group, the Public Interest Legal Foundation (PILF), in error-riddled reports titled "Alien Invasion of Virginia" and "Alien Invasion II", of committing voter fraud. Adams is accused by the lawful voters of violations of the Constitution, the Voting Rights Act, and even the Ku Klux Klan Act of 1871.

"It's satisfying to see these guys have to answer in court for all that they've said and done for so long, and it's great to see the victims of their slander fighting back in such a powerful way," Stern argues.

We finish up our legal lightening round today with a case decided last week by the Supreme Court, in which Justice Gorsuch, who enjoys the seat stolen for him by Senate Republicans last year, actually joined the Court's four liberal Justices in striking down a law that allows the deportation of immigrants accused of "violent crimes". While Stern applauds Gorscuh joining the liberal justices in this case, given the vague statutory language used for defining "violent crimes", he also cautions that Gorsuch's interest here may signal a broader, more disturbing scheme down the road by Trump's far rightwing appointee.

Also today: The Trump Administration doesn't appear to do any vetting of any of their nominees for any office, it seems. Last week, Elizabeth Anne Pierce, a corporate member of a public commission created by Trump's FCC Chair Ajit Pai, purportedly to help expand broadband Internet access, was arrested on allegations of fraud to the tune of $250 million for forging signatures on contracts on behalf of her startup high-speed fiber-optic company. And, on Capitol Hill today, Navy Admiral Ronny Jackson, Trump's personal physician turned nominee to head the Dept. of Veterans Affairs, comes under fire from Senators of both parties, regarding his complete lack of experience for such a role, but also for reports of fostering a "hostile work environment", "excessive drinking on the job" and "improperly dispensing meds" among other things. In the bargain, today at the White House, Trump appeared to begin the process of throwing Jackson --- who he reportedly had to convince to accept the nomination to head the VA and its 360,000 employees --- under the nearest bus.

And finally, Desi Doyen joins us with the latest Green News Report, and for a tribute or two to Schoolhouse Rock creator Bob Dorough, who died today at the age of 94...

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On today's BradCast: As usual, the big headlines obscure the most disturbing ones. [Audio link to full show follows below.]

On Friday, the Democratic National Committee filed a surprise federal lawsuit against Donald Trump, his son Don Jr., his son-in-law Jared Kushner, several other members of the Trump Campaign, as well as Russia and WikiLeaks, for what the DNC's characterizes in the complaint as a broad "conspiracy" to steal private documents and undermine the DNC and the 2016 Hillary Clinton campaign in "an act of previously unimaginable treachery". If allowed to move forward, the suit could result in the President, and all of his men, being forced to turn over documents and give depositions under oath. (It could also set a troubling precedent for journalists.)

Also on Friday, Wells Fargo was slapped with a $1 billion fine by the Consumer Financial Protection Bureau (CFPB) and the Office of the Comptroller of the Currency (OCC) for hoaxing more than half a million customers into purchasing car insurance they did not need. While it was the first major action by the CFPB since Trump muscled his own Office of Management and Budget Director Mick Mulvaney into the dual role of Acting CFPB Director, the record fine is only a small percentage of what Wells is receiving from Trump's recent massive tax cuts.

Mulvaney, who, as a Tea Party Congressman had spent years trying to abolish the consumer bureau formed after the 2008 global banking and mortgage crisis, was upbraided by Sen. Elizabeth Warren during a recent hearing in the Senate, for his ongoing efforts to undermine the CFPB's critical assistance to consumers.

And, related to all of that, while the worst of the Trump/GOP's major legislative agenda under Trump was broadly considered to be behind us with Democrats believed likely to take over one or both chambers of Congress this November, Sen. Pat Toomey (R-PA, pictured above) recently came up with a scheme to twist the obscure Congressional Review Act (CRA), in order to gut decades of executive agency regulations with a simple majority vote in each house. While the CRA, only used once in its 21-year history before Trump took office, was meant as a way for Congress to roll back new formal rules enacted by executive agencies, it has been used over the past year to gut dozens of formal regulations enacted during the last 60 days of the Obama Administration.

Toomey, however, has now come up with a new interpretation of the law to allow Republicans to kill regulations from decades ago. This week, the GOP Senate began using his interpretation to do just that. They voted to kill a 2013 CFPB "guidance" document enacted to prevent racial discrimination in auto loans after hundreds of thousands of minority car buyers were found to have been charged higher interest rates for loans (resulting in more than $100 million in fines by the CFPB and money paid back to customers.)

Toomey's maneuver, however, allows such guidelines --- as opposed to only recently enacted formal rules --- to be killed under the CRA, which also prevents executive agencies from ever reinstating a similar regulation in the future. In the bargain, decades of established executive agency regulations could now be done away with, with simple majority votes, between now and the start of the next Congressional term in 2019.

We're joined today by JAMES GOODWIN of the Center for Progressive Reform to discuss this dangerous and insidious new scheme which has received disturbingly sparse media attention since its first time use this past week. Goodwin details what the CRA was meant to do, versus how Republicans have now decided to use, and the many ways in which the CRA might now be abused across the federal government with this new precedent. "One of the main dangers of this new precedent," he explains, "is we have all of these critical safeguards that we thought were in place, that now could simply vanish. And, really, the only limitation [Republicans] face is time."

Finally, the release of memos [PDF] written by fired FBI Director James Comey just after his several meetings with Donald Trump, confirm Comey's earlier descriptions of those bizarre encounters, and have received much coverage for the President's described concerns about Russian hookers and his former National Security Advisor Michael Flynn, who has pleaded guilty to felonies in Robert Mueller's Special Counsel probe. Less discussed, however, are the troubling details from the memos revealing that Trump was similarly obsessed with convincing the FBI Director to throw journalists in jail --- in stark violation of the First Amendment --- for reporting on embarrassing leaks coming out of his White House...

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On today's BradCast: It's Tax Day! Donald Trump is trying to celebrate his massive tax cut for the rich, but not many are dumb enough to actually believe him. Not with White House staffers and Republicans in Congress leaving in droves, and legal trouble getting ever closer to the President by the day, hour, moment. [Audio link to show follows below.]

First today, while Trump and the GOP have been banking on their deficit exploding tax cut to help mitigate their likely losses in the upcoming 2018 mid-term elections, they may need to come up with a Plan B, as new polling reveals the scheme is decreasing, rather than increasing in popularity since it's passage last December.

That, as still more Republicans are running from Congress today, and even lobbyists turned White House officials are crawling back out of the swamp and back through the revolving door to get their corporate lobbying gigs back before it's too late.

Even Trump's own stolen Supreme Court Justice Neil Gorsuch abandoned the President momentarily today, to join the Court's four liberals in striking strike down a law allowing the government to deport criminals for vaguely defined "violent crimes".

But all of that may be of little moment to Trump today, as his own personal legal woes continue to mount each day at a seemingly ever increasing pace.

Joining us to try and make sense of the fallout from the recent raid of Trump's "personal attorney" Michael Cohen and his bizarre federal court hearing on Monday, as well as where Special Counsel Robert Mueller's probe may (or may not) be heading at this point, is RANDALL D. ELIASON, former Assistant U.S. Attorney in D.C., George Washington University law professor, blogger, and Washington Post legal commentator.

Eliason details why the case against Cohen is "much bigger than just some Stormy Daniels referral" and why the Trump attorney's argument hoping to prevent prosecutors from examining supposed attorney-client privileged documents is, along with the entire criminal probe of a sitting President, "so remarkable, and incredible, and unprecedented."

"I mean, yesterday the lawyers for the head of the Executive Branch were in a federal courtroom arguing that the Department of Justice's own prosecutors can't be trusted to do a privilege review. Their own boss is in there arguing against them, basically, that they can't do this properly," Eliason tells me. "It is just unbelievable."

He also explains precisely what "collusion" is and isn't; what "corrupt intent" actually means in a legal sense, as it relates to potential obstruction of justice felonies being investigated by Mueller; why it doesn't matter whether Mueller interviews Trump at all; and whether the Special Counsel may end up issuing an indictment of the President, rather than just a report that could be referred to Congress for impeachment consideration.

Finally, speaking of mountains of scandal, Desi Doyen joins us for the latest Green News Report, on the increasingly scandal-plagues EPA Administrator Scott Pruitt and some good news from Apple, Google, and even Trump's Department of Interior...

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On today's BradCast: Bill Maher quipped Friday night that the U.S. attack, with France and Britain, on Syria was code-named "Operation Desert Stormy", an attempt by Donald Trump to force his legal and ethical nightmares off the front pages. It didn't work. [Audio link to show follows below.]

On Sunday night, fired FBI Director James Comey described Trump as "morally unfit" for the Presidency in a prime-time ABC News interview, and on Monday, just before air today, Sean Hannity of Fox "News" was revealed in federal court to be a secret client of Trump's hush money payoff "fixer" Michael Cohen, and Cohen and Trump's motion to review documents seized in the raid on Cohen's office and residences last week was denied (for now) by the federal judge.

Nonetheless, before it's forgotten entirely in the fog of Trump Scandal, we focus mostly today on the fact that the pre-dawn bombing of Damascus by US and its allies, said to be in response to an alleged chemical attack by Syrian President Bashar al-Assad against his own people a week earlier in Douma, was done without any actual hard evidence of a chemical attack or who was actually responsible for it. Trump's Secretary of Defense James Mattis admitted as much during Congressional hearings just one day before more than 100 cruise missiles were unleashed on supposedly chemical weapons-related facilities in Damascus. (No proof was offered to buttress the claim about those facilities either.)

Moreover, there is absolutely no legal authority whatsoever for Trump's attack --- either domestically or internationally --- despite various claims to the contrary. Shamefully, most of Congress, both Republicans and Democrats alike, have so far failed to demand accountability for the unconstitutional use of military force (even after threatening President Obama with impeachment when he wanted to launch a similar attack in response to an alleged Syrian chemical attack in 2013).

For his part, the hapless Trump, who mercilessly derided Obama for calling for Syrian airstrikes in 2013, took to Twitter on Saturday to echo George W. Bush's infamous appearance on a U.S. Aircraft Carrier in 2003 after the ill-fated invasion of Iraq, to declare "Mission Accomplished" in Syria.

Friday's unlawful US attack, as we also discuss today, is believed to have cost some $200 million. That could have paid for the replacement of all of Flint, MI's lead water pipes some four times over, as new studies reveal that reading proficiency levels for third-graders in Flint has plummeted in the wake of the lead drinking water contamination crisis. That continuing crisis came about after MI's Gov. Rick Snyder (R), following his election in 2010, ordered an Emergency Manager takeover of the city and a subsequent change to its water supply.

As one caller observed today, some poisoned children, like those in Syria apparently, seem to be a larger concern for the Trump Administration than others...no matter the evidence or lack thereof...

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On one of the ugliest political days in recent memory (and they are likely to get still uglier --- and deadlier, as Trump launches a military attack against Syria moments ago), we fight our way on today's BradCast, out of the slime to look beyond the near horizon for how progressives can change structural impediments in our political system, just as soon as Democrats are able to regain majorities in both Congress and the White House. [Audio link to full show is posted below.]

But first, we wade into the swamp long enough to cover Donald Trump's stunning pardon on Friday of former Vice President Dick Cheney's Chief of Staff Scooter Libby, a felon who was found guilty of having lied to federal investigators and obstructing justice after purposely leaking the highly classified identify of covert CIA agent Valerie Plame to the media during the run up to the Iraq War. That, as an enraged Trump took to Twitter on Friday to tar former Republican FBI Director James Comey as a "LEAKER & LIAR" and "slime ball" following the release of his new book.

But, as we strive today to look towards a brighter future somehow, we are joined by DAVID FARIS, political science professor at Roosevelt University and author of the new book out this week, It's Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics. Faris' book outlines a number of radical ideas for a progressive institutional restructuring of our democracy which, he argues, can and should all be carried out just as soon as Democrats regain control of the House, Senate and White House.

The "procedural proposals", as he describes them, include, among other things: statehood ("on Day 1") for Washington D.C. and Puerto Rico (and breaking California into several smaller states); transformation of our federal judiciary (by, among other things, doing away with lifetime tenures on the federal bench and a forced restoration of a Democratic majority on the Republican's stolen Supreme Court); and restructuring the U.S. House for proportional representation to help overcome the scourge of extreme partisan gerrymandering. All of which, Faris takes pains to note, can be done without the daunting task of amending the U.S. Constitution, and, as he argues, would be no more radical than ideas that Republicans have both been instituting for decades and plan to implement in the near future, unless they are prevented from doing so.

"Most of the ideas in this book I consider a process of rectifying existing injustices in our electoral system and our political processes, and then responding in kind to some of these Republicans escalations --- partly to convince the Republican Party that some of the things they are doing are deeply destructive, and that they will lead to retaliation," Faris tells me. "I think they are assuming things like holding a Supreme Court seat open for Neil Gorsuch will not get a reply from the opposition."

"Part of the purpose of the book," he continues, "is to outline a series of ideas that are actually the right thing to do. I don't consider them to be 'fighting dirty'. I think it will be perceived as fighting dirty, but I actually really believe in all these ideas as improving the long-term performance of our democracy overall."

Faris argues that "Democrats have to take some of these procedural issues and these electoral issues much more seriously. I think they need to take them as seriously as they take their policy proposals, and their intra-party battles over what the party's stance should be on certain issues. Because the reality is in national politics, in every election for the last twenty years, the Democrats have been fighting at a really significant disadvantage, due to things like felon disenfranchisement laws, like gerrymandering, like voter ID laws. And if they don't seriously rethink some of these things, they may come back to power in 2020, but they're going to kick it right back in 2022, or 2024, or 2026. Because these long-term structural barriers to progressive power are very poorly understood by the broader public. And, in all cases, they are an affront to the spirit of small-d 'democracy' as it should be practiced, and as it is practiced in most of the rest of the world."

I hope you'll tune in for the detailed discussion (and debate) on a number of Faris' fascinating proposals for reform on today's program --- and why it is that Democrats have shied away from them for too long --- before we then head back into Trump's swamp for a few more minutes at show's end.

Among those slimy stories to close out the week: The U.S. Senate confirms Andrew Wheeler as second in command to embattled EPA Administrator Scott Pruitt. Wheeler was, until his nomination late last year, a very powerful coal industry lobbyist and will now take charge of the EPA if Pruitt is pushed out.

And, finally today, wealthy Trump and George W. Bush donor Elliot Broidy steps down as the RNC's deputy finance chair after revelations that he paid a Playboy playmate $1.6 million to keep quiet about an affair in which she was reportedly impregnated and had an abortion. The man who set up the hush money payoff for Broidy? Donald Trump's personal attorney and "fixer" Michael Cohen, whose office and residences were raided at the beginning of the week in relation to, among other things, virtually identical schemes to prevent adult film actress Stormy Daniels and Playboy model Karen McDougal from revealing their own affairs with Trump in the days just before the 2016 Presidential election...

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We unpack alotta long cons on today's BradCast, some of them decades in the making. Among them: Trump's new position on U.S. war in places like Syria, versus his position before he became President; GOP House Speaker Paul Ryan's position on deficit spending before he and Congressional Republicans exploded the deficit and he announced on Wednesday he's retiring from the U.S. House; And, Royal Dutch Shell's position on the dangers of global warming before a new, recently revealed treasure trove of internal company documents going back to the 50's revealed their real position on the matter. [Audio link to show follows below.]

First up today, Donald Trump prepares to go to war in Syria and, despite mercilessly criticizing previous Presidents for revealing their intentions before taking military action, does exactly the same today on Twitter, in order to give a warning to Syria's top ally, Russia. That, despite unanswered questions about who was actually behind a recent reported chemical attack in a rebel-held town in the war-torn nation, the U.S. Congress' failure to authorize any such military action, as per the Constitution, and the threat that both Russia and Iran say they will target a response to efforts by the U.S. and its allies in the region like Israel.

Next, U.S. House Speaker Paul Ryan decides to call it quits, rather than risk losing his re-election bid this November in a predicted "blue wave", just after a new report from the non-partisan Congressional Budget Office (CBO) projects trillion dollar budget deficits as far as the eye can see, thanks to the GOP/Trump tax cuts and their recent spending bill. So much for the long-time, so-called "budget hawk" that Ryan (and Trump) pretended to be, while spending years attempting to gut Medicare, Medicaid and Social Security for Americans.

Then, we're joined by CARROLL MUFFETT, President and CEO of the Center for International Environmental Law to discuss a remarkable trove of recently unearthed internal documents from Royal Dutch Shell, revealing that the oil giant, just like Exxon and Mobil Oil before them, have known for decades about the threat of global warming caused by the burning of fossil fuels.

Muffett describes the newly unearthed documents, as detailed in their jaw-dropping new report, "A Crack in the Shell" [PDF], which shows that, as long ago as 1958(!), Shell was well aware of the dangerous consequences of carbon dioxide in the atmosphere caused by the burning of oil. And, as early as 1962, as the documents reveal, even urged internally "a "serious consideration of the maximum utilization of solar energy".

"The earliest document that we have with respect to Shell," he tells me, "was a report for the oil industry's Smoke and Fumes Committee that was reporting on research that the industry was funding into a variety of air pollutants. And even in 1958, one of those air pollutants was the pollution of the atmosphere by carbon from fossil sources."

"By 1962, we can demonstrate that Shell's chief geologist was very explicitly acknowledging the links between Shell's products and carbon dioxide from fossil fuels, and the potential for global warming," says Muffett. "So much so, that this scientist even highlighted the recommendations of other scientists that the switch to solar energy should begin as soon as possible."

Despite their scientific knowledge, as Muffett details today, the company eventually joined others in downplaying the threat of man-made climate change and now, according to the longtime attorney and leader in the newly emerging field of legal responses to global climate change, may face increased exposure for their part in our ever-worsening climate crisis.

"We see a remarkable transformation that goes on between 1988 and 1991, where the company is acknowledging these risks, and then by the mid-90s, Shell is, as with other oil companies, actively promoting uncertainty, and the need for inaction instead of action, in the face of mounting evidence," he explains, adding: "What we can now show, and this is very legally relevant, is that for decades, Shell was aware of those risks, and it continued to take those risks on the assumption that, ultimately, it would be consumers and governments that bore the cost, rather than Shell itself."

Please tune in for this remarkable discussion. It matters...

Finally today, a renewed bi-partisan effort emerges in the U.S. Senate to protect Special Counsel Robert Mueller from being fired by the President. But, with GOP leaders like Mitch McConnell in the Senate and Ryan still in the House, the legislation may not get very far, even as Trump continues to fume --- and lie --- about the ongoing probe.

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On today's BradCast: GOP dirty tricks in Montana; why an alleged torturer should be imprisoned rather than promoted to CIA chief; and, abolishing the 2nd Amendment all together. [Audio link to show follows below.]

First up: Senate Majority Leader Mitch McConnell admitted this week that stealing a Republican majority on the U.S. Supreme Court was his crowning achievement after three decades in Congress. But he's not done packing the federal courts just yet for another generation, which underscores his urgency in trying to hang on to the GOP's thin majority in the U.S. Senate this November.

That may also help to explain the bizarre situation in Montana's U.S. Senate race, where the GOP appears to have ginned up a fake Green Party candidate who was previously on the state Republican Party's payroll, in hopes of siphoning votes away from Democratic Sen. Jon Tester in an otherwise very Trumpy state. (But did the Dems do something similar in supporting a Libertarian candidate for the U.S. Senate back in 2012, the last time Tester was on the ballot?)

Meanwhile, the Senate returns from their recess next week, and will soon begin confirmation hearings for a number of recent high-level Trump cabinet and executive agency nominees. Among them is Gina Haspel, the CIA's Deputy Director who has been tapped to take Mike Pompeo's spot as CIA chief (after Pompeo was nominated to become the new Sec. of State following Trump's firing of Rex Tillerson.)

Haspel, however, was the CIA's chief of a secret U.S. prison in Thailand following the 9/11 attacks, where a number of terror suspects were tortured in 2002, in violation of long-held international treaties, to which the U.S. has been a party, at least, since the days of Ronald Reagan. She also reportedly signed off on the destruction of the video-taped evidence that documented the horrific torture by the U.S. at that prison.

We're joined today by ERNEST A. CANNING, attorney and longtime BRAD BLOG legal analyst, for whom the matter of someone alleged to have overseen torture becoming the next CIA director is very personal.

Canning's father, as he detailed in a recent article, was imprisoned and waterboarded by the Japanese during WWII, before testifying against his torturers during the war crimes trials held by the Allies after the war. We discuss what happened to his father at the hands of the Japanese command of the notorious Bridge House prison, why the U.S. has long held torture to be a violation of international law, and how the Democrats' failure to demand accountability of Bush-era torturers has resulted in Haspel's nomination, rather than imprisonment.

He explains that while the Japanese general in charge of the notorious Shanghai prison "did not personally take part in my father's torture, he was sentenced to a life sentence under a principle called 'command responsibility'. He had command responsibility over the people who were carrying out torture in an agency that he was responsible for. And if you use that same principle of 'command responsibility', which remains viable under intentional law today, Gina Haspel should be in prison. She should not be coming before the Senate to be confirmed as the CIA's next director. And, I think it's a slap in the face of everybody who has ever undergone such horrific treatment that Donald Trump would nominate her."

(Also, just to lighten things up a bit, I also get Ernie's take on Trump's asinine and evidence-free reiteration in West Virginia on Thursday, that millions of fraudulent votes accounted for his 3 million vote loss to Hillary Clinton in the 2016 popular vote count.)

Finally, a federal judge in Massachusetts on Friday upheld the state's ban on military-style assault weapons. And we share some listener mail in response to retired U.S. Supreme Court Justice John Paul Stevens' op-ed last week, wherein he suggested that it's time to repeal the 2nd Amendment to the U.S. Constitution...

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Three years ago, in "Torture: A War Crime Then And Now", I described the legal principles that led to a conviction and life sentences of those who were responsible for my father's torture during WWII. I argued that, if applied now, the architects of the Bush/Cheney torture regime would be languishing in prison.

While it is troubling that none of those individuals were prosecuted for war crimes, it is beyond disturbing that President Donald J. Trump has seen fit to nominate Gina Haspel, the current Deputy Director of the Central Intelligence Agency, to be the CIA's next chief.

Given that Haspel not only oversaw torture at a CIA "black site" in Thailand but was also later involved in the destruction of videotaped evidence of CIA torture, such as the water-boarding of Abu Zubaydah 83 times in a single month, it seems appropriate to revisit several segments of that previous article, which had been initially published in response to a long, very well researched U.S. Senate Intelligence Committee report on U.S. torture...

On today's BradCast: The GOP war on democracy and the judicial branch continue today, with a noteworthy lost battle in Wisconsin, an imbecilic turn of events in Maine, and a continuing hung jury in the U.S. Supreme Court. [Audio link to show follows below.]

First today, Austin's police chief finally describes the white evangelical American man who terrorized the city over the past month with a string of deadly package bombs as a "domestic terrorist". Yes, that actually qualifies as news these days.

Then, the nation's dumbest governor, Maine's Paul LePage (R), repeatedly berates a federal court judge as an "imbecile" for allowing a case brought by Maryland and Washington D.C. to move forward. The case charges that Donald Trump's continuing ownership of Trump International Hotel in D.C. is a violation of the U.S. Constitution's Emoluments Clause, barring gifts to the President from foreign or state governments. The "imbecile" judge in question that LePage decided to attack, found merely that plaintiffs have standing to proceed with their case.

In related GOPers-who-hate-the-rule-of-law news, Wisconsin Gov. Scott Walker finally decided to follow state law today, by scheduling special elections to fill two vacant state legislative seats in Republican districts, which he is terrified could flip to Democrats. After three different state judges each demanded he declare a date for elections by today, Walker and the Republicans in the state legislature appear to have given up their attempted scheme to call a special session of the legislature to change the law in order to undermine the orders of the courts. Their hope had been to leave those seats vacant --- and the voters in their districts unrepresented --- for more than a year. After deciding to do the right thing and follow state law, Walker remained outraged about it today.

Next up, the U.S. Supreme Court heard oral arguments in another partisan gerrymandering case this week. Last October, speaking of Wisconsin, they heard arguments in Gill v. Whitford, a landmark case where a federal court tossed out all of the state legislative districts after finding them to be unlawfully gerrymandered by state Republicans in violation of the U.S. Constitution. This week, the SCOTUS Justices heard arguments in another redistricting case, Benisek v. Lamone, which focuses on a single U.S. House district in Maryland, held for years by Republicans, before Democrats gerrymandered it in their favor.

We're joined again today by FairVote's DAVID DALEY, who was as the Court for oral arguments in both cases. The author of RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy, explains the differences and similarities in the two SCOTUS cases (along with other recent rulings by both state and federal courts finding Republicans used unlawful partisan gerrymanders in North Carolina, Pennsylvania and elsewhere, in order to assure legislative majorities even when receiving far fewer votes than Democrats.)

Daley also shares his assessment, based on this week's oral arguments, as to whether there will be five Justices willing to finally end the scourge of extreme partisan gerrymanders. If they don't (as a number of others suggest) Daley warns this problem may not be fixed for at least another generation, as the Court's swing-vote, 81-year old Justice Anthony Kennedy, is rumored to be contemplating retirement at the end of the term in June.

"They are searching for a standard to measure [partisan gerrymandering], that this Court can apply, but also that future Courts can apply," Daley tells me. "If the courts do not solve this now, it's not only the last opportunity for the next generation, but the gloves will be off in 2020 in a really aggressive way. No matter what they do, if it is not a finding against partisan gerrymandering, it will essentially take off any guardrails for legislators of either party when this process comes back around" after the next Census.

Then, Desi Doyen joins us for the latest Green News Report with, as usual, mostly disturbing news --- but also some very good news for a group of natural gas pipeline protesters in Massachusetts, including the daughter of former Vice President Al Gore! (And, for those who may have missed it, here's Angie Coiro's BradCast interview with Gore last December, in which, among many other things worth listening to, he proudly discusses his daughter Karenna's arrest in the protest.)

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Lots of breaking news on today's BradCast, and a look at the real reasons the Trump Administration has now added a new question on citizenship to the 2020 U.S. Census. But, don't worry. It all ends with a song! [Audio link to today's show follows below.]

First up: the never-ending Executive Branch shakeup continues as Trump fires embattled Veterans Affairs Secretary David Shulkin and announces his intention to replace him with White House physician Ronny Jackson.

Then, Trump's never-ending legal woes continue to quickly mount and worsen on several fronts beyond the Special Counsel probe (where he is still having trouble finding attorneys willing to represent him, after his latest lead attorney quit last week.) Porn star Stormy Daniel's has now added a defamation charge against Trump business partner and lawyer Michael Cohen, to her civil suit against the President, and is now seeking to depose both Cohen and the President under oath.

That, on the same day a federal judge in D.C. allowed a case filed by Maryland and the District of Columbia against Trump to move forward based on claims that the President's continued ownership of the Trump International Hotel in D.C. violates the Emoluments Clause of the U.S. Constitution, barring gifts from states and foreign nations.

Up in Wisconsin, in the meantime, the GOP received its second rebuke from a state court in less than a week, for attempting to avoid calling Special Elections for two vacant seats in the state Senate. Gov. Scott Walker was ordered a second time by the court on Tuesday to call those elections immediately. Republicans in the state legislature, however, were hoping to convene a special session in order to change the law which Walker was found to have violated, as they try to avoid calling the elections in two GOP districts they fear they may lose to Democrats. (An appeals court, later on Wednesday, has now also rejected a motion to overturn the initial ruling.)

Then, we're joined by Mother Jones' Senior Reporter ARI BERMAN to discuss the GOP's war on judges who find against them, and the Commerce Dept. Secretary Wilbur Ross' approval this week of a new, last-minute, untested question on citizenship, to be added, by request of the Dept. of Justice, to the 2020 U.S. Census.

Critics, including the last five directors of the U.S. Census Bureau among others, charge the question will unlawfully depress responses to the Constitutionally-mandated decennial survey of all U.S. residents (whether they are citizens or not), as Berman reports in his new feature article for MoJo.

The DoJ, Commerce and White House all falsely claim that the new question is "necessary for the Department of Justice to protect voters [and] comply with the Voting Rights Act". Berman, author of the recently published Give us the Ballot, the landmark book on the history of the VRA and the long struggle for voting rights in the U.S., scoffs at those claims and details what he sees as the real reasons for the change, and the decade-long effect on the nation that it will have if it is not blocked by the courts. California has already sued to block the question from being included, and more than a dozen other states and advocacy groups are expected to file complaints as well.

On the GOP's war on courts following adverse rulings against them in Wisconsin, Pennsylvania and North Carolina, Berman says: "There's a very disturbing trend going on. When Republicans don't like court rulings that constrain their power, they try to nullify those rulings...What I think is so noteworthy about this is that everyone always says how much of an outlier Donald Trump is within the Republican Party. But if you just look at what Republicans are doing, in Wisconsin or North Carolina or Pennsylvania, they're following the Trump playbook, which is if you don't like a law, just ignore it."

On the Census controversy, he tells me: "We are seeing the rigging and corruption of one of the most important, mandated tasks in our Constitution...If you decide to rig the Census, then you've essentially rigged everything that follows" for the next decade. He adds: "The bigger picture here is that a failed Census is going to hurt everybody."

Finally, after a bit more late breaking news on Trump's recently-resigned attorney John Dowd having reportedly floated the possibility of Presidential pardons to two indicted former Trump officials (Michael Flynn and Paul Manafort) in the Special Counsel's Trump/Russia probe, we enjoy a brand-new song written by singer, songwriter and BradCast listener Matt Sircely, attempting to make sense of a mountain of Trump-related scandal in one jaunty country/folk song! (You can download the song for free right here, and check the lyrics you may have missed right here [PDF].)

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On today's BradCast: the Overton Window regarding gun safety reform may have just taken a dramatic lurch towards "the left". And, then, the heated battle to block a new 100% unverifiable computer voting system (disguised as a "paper ballot" system) from being implemented in Georgia reaches a climax, as this year's legislative session in the state nears its end. [Audio link to today's show is posted at end of article.]

First up today (well, after a disturbing story out of Atlanta that further underscores the madness of Georgia's proposed new voting system): Former U.S. Supreme Court Justice John Paul Stevens penned a stunning op-ed in the New York Times, lauding students for marching to demand gun safety legislation, but suggesting it's time for them to go much further by calling for a repeal of the 2nd Amendment to the U.S. Constitution itself.

The 97-year old retired Associate Justice (and lifelong Republican) explains why history and his years on the bench have led him to regard the 2nd Amendment as "a relic of the 18th century", and how the National Rifle Association (NRA) has, in recent decades --- as the conservative former U.S. Supreme Court Chief Justice Warren Burger declared in the early 90s --- perpetrated "one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime."

Then, speaking of great frauds, the city of Atlanta finds itself using pencil and paper to carry out business again today in municipal courts, jails and other city agencies five days after a "ransomware" attack has crippled the city's use of its computer networks. Nonetheless, at the very same time, state lawmakers in Georgia are, incredibly enough, in last minute negotiations to adopt a measure to replace their statewide, easily-hacked, 100% unverifiable Diebold touch-screen computer voting systems.

Unfortunately, as legislators race the clock to pass a bill before the current legislative session ends on Thursday night, the current bill to replace those systems, SB-403, would institute a new 100% unverifiable computer-marked "paper ballot" system, which is now being opposed by both local and national election integrity advocates and organizations.

Longtime election integrity expert MARILYN MARKS, whose nonpartisan Coalition for Good Governance is suing the Peach State to force them to do away with their unverifiable Director Recording Electronic (DRE) voting machines, joins us to warn about the proposed new scheme to replace them with similarly unverifiable touch-screen Ballot Marking Devices (BMDs) and why she sees that as "going from bad to worse."

"People today at least understand that their system is unverifiable, unauditable, and really a lot of guesswork," she tells me. "Unfortunately, this new system that they are so determined to find a way to put in, kind of has the look, from a distance, of a paper system. But it really is just as unverifiable."

Marks explains that the new legislation introduces computer-printed ballots with barcodes on them, which cannot be read by humans. Deceptively, the paper ballots produced by the new touch-screen systems also include a summary of the voters' votes in human-readable form. But, it is the unreadable and impossible to verify barcodes --- rather than the human-readable voter selections --- which are used by the system's computer optical-scanners to tally results. "What can be embedded in those bar codes may be very different from the human-readable list that is printed out," she says.

Even if the barcodes weren't printed on the paper ballots, Marks explains, the computer-marked ballots would still be unacceptable and unverifiable as reflecting any voter's intent after polls close on Election Night, as Jennifer Cohn recently detailed in a must-read article at The BRAD BLOG. Marks offers action items for preventing the passage of the bill, for those both in and out of the state of Georgia (as summarized here in this Twitter Moment.)

This is important for folks in every state, since similar systems are already spreading nationwide and will assuredly do so even quicker if Georgia becomes the first in the nation to adopt them statewide --- just as they were the first to go to touch-screen Diebold DREs statewide back in 2002. "We don't want this insidious disease of these things --- as we call it, 'Son of DREs' --- going on to other states," Marks cautions. "The minute that Georgia accepts this, the vendors will be out in other states trying to do the same thing. Change the definition of the ballot to include barcodes, and pointing to Georgia as 'look the whole state of Georgia just said this was okay!'"

Similar systems are already being deployed in Texas, Tennessee, Los Angeles and elsewhere (though not yet in Missouri, where a Republican state legislator has, happily, just introduced a bill calling for DREs used in St. Louis and Kansas City to be replaced by real, HAND-MARKED paper ballot systems!)

Finally, Desi Doyen joins us today with the latest Green News Report, including some surprisingly good news from the massive omnibus spending bill just signed into law, begrudgingly, by Donald Trump...

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On today's BradCast: The Fox "News"-ification of Donald Trump's U.S. Government ramps way up with the terrifying late Thursday appointment of far-right neo-con, controversial former George W. Bush Administration official, and longtime Fox "News" contributor John Bolton as the President's third National Security Advisor. [Audio link to show follows below.]

Last week, national security journalist MARCY WHEELER of Emptywheel joined us to discuss the sudden firing of Sec. of State Rex Tillerson, and the move of wingnut CIA Director Mike Pompeo into Tillerson's role, with Pompeo's Deputy Director, Gina Haspel's nomination to become the next CIA Director. Haspel oversaw torture and the destruction of evidence of it while in charge of a secret overseas U.S. prison in 2002. But, unlike those positions, which require U.S. Senate confirmation, the President's National Security Advisor is a direct appointment, as Wheeler noted at the very end of the show last week, explaining that there would be nothing to prevent Bolton's appointment. If Trump wants Bolton as NSA, she chillingly warned, "he's in charge of nuking North Korea."

Well, sure enough, on Thursday, H.R. McMaster was pushed out as NSA and Bolton was named to replace him. So, Wheeler returns today discuss the many concerns --- from right, left and center --- about the dangerous new appointment of a man who strongly supported the 2003 U.S. invasion of Iraq, arguing at the time that the role of the U.S. there, after removing Saddam's (non-existent) weapons of mass destruction, would be "fairly minimal". He is also long and loudly on record calling for similar first-strike U.S. aggression against both Iran and nuclear-armed North Korea.

As Iraq War veteran and chair of VoteVets Jon Solz warned in a statement upon the news: "Let there be no mistake – there is no war for regime change, anywhere, that John Bolton wasn’t for. He sees troops not as human beings, with families, but as expendable resources, in his real-life game of Risk." He added: "To the Trump voters out there we say: You were suckered. John Bolton and Mike Pompeo represent the neocon foreign policy that Donald Trump falsely said he was against."

Bolton, according to one former senior Bush Administration official "was by far the most dangerous man we had," adding that his hiring is "an invitation to war, perhaps nuclear war." Senior Bush Administration diplomat Richard Haass cautions: "This is the most perilous moment in modern American history." They aren't the only ones very panicked about the appointment, charging Bolton's appointment puts us "on the path to war."

Wheeler offers her own additional concerns about Bolton, citing the very curious, potentially "casus belli" timing on Friday morning of Justice Department indictments of nine Iranians said to have been sponsored by their government to hack and steal academic papers (not U.S. Government secrets!) from thousands of university professors around the world.

She also cites the observation of former Bush Administration attorney Matthew Waxman at Lawfare, as "the most frightening thing I've read" about Bolton's appointment.

Waxman, she explains, "worked with Bolton, and he basically says, unlike everybody else who has worked with Trump, Bolton is very, very, very bureaucratically competent, like Dick Cheney. We've been blessed so far --- if we can use that term --- in the Trump Administration, in that he keeps hiring incompetents. Or, even if they're competent, people who don't understand how government bureaucracy works. John Bolton was trained by the master, Dick Cheney. He knows how government bureaucracy works. He's a vindictive man, and he knows how to get the bureaucracy to do what he wants it to do. And that is, I think, the most terrifying part of John Bolton being named National Security Advisor."

We discuss why Defense Secretary James Mattis may now suddenly be the most important man in the world. And, in related Trump Foxification news, Wheeler also offers reason to be dubious about the reports that Fox "News" wingnut contributor Joe diGenova and his Fox "News" wingnut contributor wife, Victoria Toensing, will actually be joining Trump's personal legal team dealing with Special Counsel Robert Mueller's investigation.

Other related stuff covered today: Trump signs the massive $1.3 trillion omnibus spending bill passed by Congress to keep the government open as of midnight Friday, after pretending to threaten to veto the 2,200-page bill just hours before signing it as is --- and then lying about it. (He also seems unaware that a Presidential line-item veto he called for today was long ago found unconstitutional by the U.S. Supreme Court.); A former Fox "News" anchor with no government or foreign policy experience has been quietly promoted to become the 4th highest ranking diplomat at the U.S. State Department; One longtime Fox "News" military analyst finally quits after ten years, charging that Trump's favorite "news" outlet is now "a mere propaganda machine for a destructive and ethically ruinous administration."; And, in case you needed more proof for that charge, we've got an hilarious disturbing compilation of video clips comparing the way the outlet's anchors and contributors (including Bolton!)blasted the nation of Barack Obama meeting Kim Jong Un face-to-face some years ago, versus Trump's plans to actually do so in May...

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Don't get me wrong. The bold move by the Pennsylvania Supreme Court in adopting a Congressional map that, according to an analysis cited by the Wall Street Journal, could see PA Democrats picking up as many as six Congressional House seats now held by Republicans, bodes well for those of us who value small "d" democracy and the rule of law.

So does the recent mind-boggling 85-point swing from "red to blue" in Kentucky, where Democrat Linda Belcher, in a Special Election, defeated her Republican opponent by 36 points in a state House district that Donald Trump carried by 49 points in 2016.

There are multiple indices of a public revulsion in response to Republican overreach that is much greater than that displayed in 2008 when Democrats rode a "Blue Wave" to victories that placed them in control of the White House, the U.S. Senate and the House of Representatives.

Last year, polls revealed as little as 12% support amongst the American electorate for Republican efforts to repeal and replace Obamacare. Another poll revealed that only 24% of Americans supported the GOP tax cut measure. (Though more recent polling suggests it's growing in popularity.) This year, a Quinnipiac poll, taken in the wake of the massacre at a Parkland, Florida high school, suggests that 2/3 of Americans have finally lost their patience with NRA-funded Republicans and their feckless "thoughts and prayers".

These surveys suggest a likelihood that Democrats in 2018 can recapture a majority in the U.S. House and potentially even the U.S. Senate --- a result that is critical to fending off the threat to democracy, political and economic equality and the rule of law now posed by the Trump/GOP oligarchic/kleptocratic agenda.

But a number of recent court rulings on extreme partisan gerrymandering reveal that the 2020 election will ultimately be of far greater significance than 2018, and not simply because it will be a Presidential election year…