On today's BradCast: Yes, it matters why we go to war and when we go to war and where we go to war --- even if the U.S. media (right, left and center) and U.S. Congress (Republicans and Democrats) would rather not discuss it. [Audio link to show follows below.]

But, first today: As Donald Trump nears his 100th day as President and Congress returns from their two week Easter recess, the news fire hose is back on, with House Republicans announcing a new amendment to their previously failed scheme to try and repeal and replace Obamacare. The new plan will likely cover less and be even worse for the sick and elderly than their previous plan, but it does exempt members of Congress and their staffers from the worst of it. At the same time, Trump's Treasury Department has unveiled a hastily-released, deficit-increasing, "trickle down", tax cut for corporations and individuals. And, in more desperation to distract from his lack of success during his first 100 days, Trump also goes to war with Canada! (a trade war anyway...and via Twitter!).

Then: On that whole war thing, where we now, apparently, bomb sovereign nations without discussion, debate, authorization, media skepticism or evidence --- Listeners ring in with calls, comments and emails in response to our interviews earlier this week with MIT Professor Emeritus Theodore Postol and with Consortium News' Robert Parry, both of whom question the evidence hastily released in a White House report on April 11 to justify Trump's April 6 cruise missile attack on Syria. That attack is said to have been in response to a deadly April 4 chemical weapons incident two days earlier in the rebel-held province of Idlib. But why have the U.S. media failed to question the evidence presented by Trump (not by the U.S. Intelligence Community), and why has Congress failed to debate, much less Constitutionally authorize, Trump's military action? And, hey, why does it all matter anyway, since everyone knows Bashar al-Assad is a bad guy and every President needs a military "doctrine" after all?! We discuss all of that and much more today...since, apparently, somebody has to.

Finally, Desi Doyen joins us for the latest (unusually encouraging) Green News Report and with a heads up in advance of this weekend's People's Climate March...

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I couldn't help but burst out laughing while reading White House Press Secretary Sean Spicer's description of U.S. District Court Judge William H. Orrick's late Tuesday decision partially blocking a Presidential Executive Order on funding to so-called "sanctuary cities" as an "egregious overreach by a single, unelected district judge."

(All federal judges are nominated by a President and confirmed by the Senate. None are "elected.")

Not to be outdone by his Press Secretary, Trump via Twitter described the ruling to enjoin the enforcement provision of his January 25 Executive Order as "ridiculous."

In that Executive Order, Trump threatened to withhold and/or recapture all federal funds and grants from any local jurisdiction that did not assist the federal government in its newly aggressive efforts to deport undocumented immigrants.

Trump vowed to appeal all the way to the Supreme Court.

Hilarious!

In the forty (40) years that have passed since I was first admitted to the California State Bar, I can scarcely recall a more one-sided "contested" case --- one in which I actually felt sorry for the Justice Department attorney who had been assigned to defend this indefensible Executive Order...

On today's BradCast, Donald Trump may be failing in the courts, in Congress, failing the planet itself, but when it comes to military adventurism in Syria, the U.S. media --- left, right and center --- all seem to be fully on board. That, despite the lack of independent evidence supporting the White House's justification for its unauthorized, unconstitutional, and likely illegal April 6 cruise missile attack on the sovereign, if war-torn Middle East nation. [Audio link to show follows below.]

Today, we follow-up yesterday's interview with Theodore A. Postol, MIT Prof. Emeritus of Science, Technology and National Security Policy, by speaking with independent investigative journalist Robert Parry of Consortium News, who recently asked: "Did Al Qaeda Fool the White House Again?"

We discuss Postol's analyses, as covered in detail on yesterday's show, charging that the evidence presented by the White House to justify its military attack on Syria --- purportedly in response to a deadly April 4 chemical weapons incident allegedly carried out by Bashar al-Assad's government against civilians in the rebel-held Idlib province --- does not support the claims being made by the Administration and echoed uncritically by the U.S. media.

Parry, formerly an Associated Press reporter who helped break the Iran-Contra scandal in the mid-80s, responds to my questions about the remarkable lack of media coverage of Postol's analyses (if only to debunk them), as well as the seemingly complete lack of skepticism by the entirety of the U.S. corporate mainstream media on Syria and other recent U.S. military adventures. That, even after having been fooled before (Iraq, is just one example), and otherwise claiming a new found interest in fact-checking and skepticism in the Trump Era.

"We've seen now a recurring situation," says Parry. "We had the case of the Iraq War, where you might've thought 'well, after that, the New York Times and the Washington Post and others will be more skeptical and more self-critical about the need to show skepticism'. But that hasn't happened. In fact, it's gone increasingly in the other direction."

"For the first two months or so of his Presidency, everything he said was put under a microscope and often laughed at, often rightly so," he tells me. "So there's been this attitude that this guy is not to be trusted on anything he says. Yet, he immediately jumps to a conclusion, way before there could've been any serious intelligence analysis of it, that Assad was responsible for this incident, and the mainstream media completely flipped around and just rallied to his position and then refused to listen to any alternative points of view on this."

As a former mainstream journalist himself, before founding Consortium News in 1995 as "the first investigative news magazine on the Internet," Parry speaks to the "tremendous downside to your career if you ask too many questions" in the corporate media, whether covering Republican or Democratic administrations.

Parry describes some of "serious questions" raised by Postol analyses concerning "not only the logic" behind the alleged sarin attack that seems wildly counter-intuitive for Assad to have carried out, "but the evidence that's been presented in connection with the April 4 incident."

Also today: CNN and CBS fail miserably during their coverage of last weekend's worldwide March for Science by offering platforms to fossil-fueled climate change denialists; Arkansas kills two more prisoners; Federal court blocks Trump's Executive Order concerning "sanctuary cities" and Trump, the self-declared "Great Negotiator", reportedly folds once again like a paper tiger, this time concerning budget threats for his long-promised Mexican border wall...

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Today on The BradCast: Will war be avoided on the Korean Peninsula amid Donald Trump's continued saber rattling? Will Bill O'Reilly ever return from his "vacation" amid newly revealed sexual harassment allegations? And will the U.S. corporate media ever stop rooting for war? [Audio link to show posted below.]

Donald Trump continues to rattle U.S. sabers against North Korea which, in turn, is rattling back, as tensions rise on the Korean Peninsula, with fears that either country could launch a "pre-emptive" attack. China, in the meantime, is hoping to settle nerves and find a way to peace through diplomatic, rather than military means.

All the while, the U.S. Congress remains on its 18-day holiday break, and apparently still unwilling to carry out their Constitutional duties as the (supposedly) sole arbiters of whether the U.S. goes to war with a sovereign nation whether in North Korea or Syria.

And, speaking of vacations, questions and investigations continue into multiple sexual harassment allegations against Fox News' Bill O'Reilly, currently on a much longer than usual vacation for some reason. Dozens of major corporations have pulled their ads from Fox's highest rated show, and the company has re-hired the same independent investigators whose previous probe last year into similar allegations against former Fox chief Roger Ailes finallly led to his golden-parachuted ouster. But why were O'Reilly and top executive enablers at FNC allowed to remain, even though they were aware of millions of dollars in secret settlements paid to O'Reilly's accusers?

Media Matters' Eric Boehlert joins me today to discuss the latest charges and revelations against O'Reilly, Ailes, Fox "News" co-president Bill Shine and FNC's long "culture of predatory harassment".

"That excellent New York Times report that detailed five lawsuits that had been settled totaling $13 million over the years, they pointed out that O'Reilly's contract was just renewed and Fox News knew about these lawsuits. On what planet does someone on your staff file five sexual harassment lawsuits, and then you re-up and give him another contract, in this case apparently for $18 million?," Boehlert asks.

"The Murdoch sons in particular could have cleaned up the culture at Fox News when they just went through this exact same thing last summer with Roger Ailes," he charges. "They completely covered it over. They paid off Roger Ailes to go away quietly. They promoted people who enabled him. And now where are they? They thought they were free, and now they're right back where they started."

We also discuss the corporate media's return to cheerleading for U.S. Presidents who start new wars and a disturbingly ridiculous new rightwing hire for the New York Times' op-ed page.

Finally, Desi Doyen joins us with the latest Green News Report as Florida's climate change denying Governor declares a statewide state of emergency for a global warming related issue, and I share the results of my recent Twitter poll asking whether or not Donald Trump is actually insane...

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"Mankind must put an end to war before war puts an end to mankind" - President John F. Kennedy

By recklessly following up on his unconstitutional decision to commit an act of war (Syrian missile strike) with a reckless exercise in nuclear brinksmanship (North Korea), President Donald J. Trump has brought us to the edge of a precipice.

Unless Congress, currently on an 18-day holiday recess, immediately acts to Censure him for his dangerous usurpations of its exclusive Constitutional power to decide whether we are at war or at peace, our nation, indeed the world, could be plunged into a nuclear abyss...

On today's BradCast, the world and the U.S. Congress respond to Trump's bombing of Syria earlier this morning, even as Republicans in the Senate complete their unprecedented theft of the U.S. Supreme Court. In a related matter, an appellate court issues a landmark expansion of the Civil Rights Act. [Audio link to show is posted below.]

While many in the corporate media are joining a number of world leaders and members of Congress in celebrating Donald Trump's cruise missile attack on a Syrian air base days after an horrific chemical attack in the country, Russia is citing the action as a "significant blow" to U.S.-Russia relations and an act of "aggression" in violation of international law. Moreover, a number of Congress members, both Republican and Democratic from both chambers, are similarly citing Trump's attack as "an act of war" that is unlawful under the U.S. Constitution, as well as ill-considered and dangerous on several levels. Congress itself has now scuttled away for a two-week holiday recess, after refusing to even debate U.S. action in Syria more than 4 years, in the wake of some 400,000 deaths in the war-torn country.

At the same time, before heading home for the holidays, as the nation, the media and world were otherwise distracted today, Majority Leader Mitch McConnell and Senate Republicans finalized their historic judicial coup by confirming "Justice" Neil Gorsuch to the Supreme Court with a simple majority after unilaterally changing Senate rules to kill the right to filibuster SCOTUS nominees in the wake of their year-long refusal to hold a hearing or a vote for Barack Obama's nominee Judge Merrick Garland.

Then, following a landmark 8 to 3 bi-partisan Civil Rights Act ruling this week by the full 7th Circuit Court of Appeals (where most of the judges were appointed by Republicans and are considered quite conservative), Mark Joseph Stern, legal reporter for Slate, joins us to explain why he sees the decision as a precedent-setting "thunderbolt" for civil rights and the LGBTQ community.

The case involves a community college which was found sued for having discriminated against a woman in its employment practices on the basis that she was gay. The ruling, as Stern details, is the first time an appellate court has extended the Civil Rights Act to include protections against workplace discrimination on the basis of sexual orientation in addition to simply race and gender.

"What the 7th Circuit majority said was, look, it is logically incoherent to remove sexual orientation discrimination from the concept of sex discrimination. When an employer discriminates against a woman for dating another woman, he is discriminating against her explicitly on the basis of her sex. If she were a man dating a woman, then she would not face discrimination. If she were a woman dating a man, then she would not face discrimination. It is only because she is a woman and she is associating intimately with other women that she faces this kind of discrimination," Stern explains.

The case is likely to have broad national implications and will be "impossible to ignore" at the Supreme Court, says Stern. It's also important thanks to Reagan-appointed conservative Judge Richard Posner's opinion in which he argues that courts, as Stern short-hands it, "should interpret statutes in a manner that 'infuses' them 'with vitality and significance today' rather than relying on their original meaning. Posner contrasted this theory with the conservative 'originalism' championed by Justice Antonin Scalia." That is no small matter as it's being sung out by Posner, the Supreme Court's most cited federal jurist of the 20th century. (And, incredibly enough, even the far-right activist Judge Frank Easterbrook joined the majority in this case!)

Stern also discusses what we should expect when and if the case is heard by what he also considers to be a "stolen" Supreme Court in the wake of the GOP's illegitimate confirmation today of Gorsuch.

Finally, Desi Doyen joins us with the latest Green News Report with an unconscionable corporate media failure, and as the GOP-controlled U.S. House Science Committee shamefully uses McCarthy-esque tactics to put science itself on trial...

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In August of 1822, James Madison, one of this nation's Founding Fathers, famously argued: "Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives."

On the other hand, on January 6, 2017, a joint Intelligence Community Report ("IC Report"), entitled "Assessing Russian Activities and Intentions in Recent US Elections" explained: "The Intelligence Community rarely can publicly reveal the full extent of its knowledge or the precise bases for its assessments, as the release of such information would reveal sensitive sources or methods and imperil the ability to collect critical foreign intelligence in the future."

There is a core conflict seen in those two quotes. What we see proclaimed in the IC Report is a direct collision between self-proclaimed national security interests and the public's right to know.

There is no question that Congress has both the Constitutional right and obligation to investigate "Russia-gate". It does so in accordance with its exceedingly broad powers of oversight that include the ability to "provide new statutory controls over the executive," executive accountability and to exercise its exclusive power of impeachment.

It is really not controversial to suggest, as did The Chicago Tribune, Sen. John McCain (R-AZ), and Adam Schiff (D-CA), that Congressional hearings be conducted either by an independent or select committee. But even if a reasonable level of investigative objectivity and integrity is achieved, the thorny question remains as to the extent to which such hearings, and testimony from witnesses, should be carried out in public.

It is a difficult issue that pits the public's right to know against (a) avoiding disclosure of classified information, and (b) compromising the ability of federal prosecutors to secure criminal convictions in their own parallel investigations...

On today's BradCast, with the consistent help of Sen. Sheldon Whitehouse (D-RI), we connect some of the dots between the Citizens United ruling, the GOP theft of the U.S. Supreme Court and the undermining of climate change legislation. Yes, it's all of a piece, and it begins well before the fateful SCOTUS ruling in 2010. [Audio link to show follows below.]

Today we go back as far as 1991 when a newly formed rightwing non-profit group by the name of Citizens United spent $100,000 to make sure alleged sexual harasser Clarence Thomas would be confirmed as a Justice on the U.S. Supreme Court. Twenty years later, in 2010's 'Citizens United v. FEC' ruling, Thomas then decided with the majority to help unleash a tsunami of undisclosed "dark money" into our political, electoral and judicial system (including more than half a million dollars to his wife's new non-profit, in the two months following the case's oral argument at the Court.)

In 2014, Sen. Whitehouse cited that fateful decision as the point in time when Republicans, who used to support action on climate change, immediately stopped doing so. And, this week, at the confirmation hearings for Judge Neil Gorsuch --- Donald Trump's nominee for the GOP's stolen Supreme Court seat --- Whitehouse confronted Gorsuch in a fascinating extended exchange, about dark money corruption in politics, including the $10 million spent by undisclosed rightwingers backing Gorsuch's confirmation, and the $7 million the same shady groups spent to block the confirmation of Barack Obama's nominee, Judge Merrick Garland.

All of that and more on today's program, including Desi Doyen and the latest Green News Report and the Colorado GOP's former chairman-turned-talk show host who, one month before last November's election, told listeners: "virtually every case of voter fraud I can remember in my lifetime was committed by Democrats." He's now been charged absentee voter fraud...

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On today's BradCast: Donald Trump's U.S. Supreme Court nominee faced questions all day in the U.S. Senate Judiciary Committee. But what the hell is Judge Neil Gorsuch even doing there at all? And doesn't normal coverage of the hearings do little more than normalize a decidedly abnormal situation? [Audio link to show follows below.]

Donald Trump's selection to fill the seat left vacant by the death of Justice Antonin Scalia more than a year ago, represents nothing less than a stolen seat on a stolen U.S. Supreme Court. If he is confirmed, Republicans are likely to be rewarded for their theft with a majority on the high court for another generation, following their unprecedented refusal to even hold hearings for Barack Obama's nominee for the seat, Judge Merrick Garland.

I've been wrestling with how to cover this week's hearings, which I consider to be illegitimate (and that is true even setting aside the disturbing matter of Trump as President!) Professor Peter M. Shane of Ohio State University's Moritz College of Law joins me to try and help make sense of the situation. His recent piece at the American Constitutional Society, cited by the New York Times today, details how neither Democrats nor corporate media, to date, seem to have figured out how to issue any kind of institutional penalty for the GOP's blatant, brazen and unheard of theft.

Shane explains that, historically, despite Republican assertions to the contrary, "there is no close precedent" in history for what the GOP has done here. "The reason that they didn't want Judge Garland to become Justice Garland was, of course, the fear that they would be losing what had been a secure 5-4 conservative majority on the court. But they also didn't want to give him a hearing because they knew, if they gave him a hearing, that Judge Garland would appear to be so thoughtful, so reasonable, so accomplished and balanced a person, that it would be politically much more difficult to vote 'no'. Nobody in the Senate is constitutionally obligated to vote in favor of Judge Garland, it would just be hard to explain why [they didn't.]"

So they stole the seat instead, by refusing to even hold a hearing, much less a vote. As to the Democrats' lack of an organized response, such as a promise to filibuster Judge Gorsuch (or any other Trump nominee other than Garland), despite the threat of the GOP doing away with the filibuster for SCOTUS nominees, Shane observes: "It seems to me that the Democrats very frequently anticipate the political defeat that lies ahead, and just keep their powder dry for a fight that never happens." He argues Dems are likely "worried about political blowback for being a fierce party of resistance," adding: "That's what the Republicans have been, increasingly, since 1980. If they've paid a penalty for it, I haven't noticed."

Also on today's program: While Congressional hearings have taken over the beginning of the week, House Republicans are making last minute changes to their scheme to replace the Affordable Care Act, by making it still crueler for millions of Americans (but with even more kickbacks for wealthy ones!) in hopes of wheeling and dealing for enough votes to squeek by with passage in the U.S. House, where they plan to ram the bill through for a full floor vote this week before tossing it to the Senate.

Finally: A majority of Americans are unable to name even a single SCOTUS Justice, and the tax-payer cost for Trump's constant weekend vacations could cover four federal programs for the arts, the elderly, the jobless and the homeless that his budget proposal hopes to slash entirely...

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On today's BradCast, FBI Director James Comey and NSA chief Mike Rogers testified for more than five hours today before the U.S. House Intelligence Committee, confirming the existence of an FBI counterintelligence probe into alleged Russian interference in the 2016 U.S. Presidential election, and batting down charges by President Trump that then-President Obama wiretapped Trump Tower before leaving office. [Audio link to show follows below.]

We're joined by national security journalist Marcy Wheeler of Emptywheel.com for analysis of today's long-awaited public hearing, with a focus on the many still-unanswered questions surrounding the charges of collusion between Trump and Russia and of the leaked classified information documenting a phone conversation between Trump's National Security Advisor Mike Flynn and the Russian ambassador to the U.S. Why was Flynn's part of the conversation captured and transcribed by the Intel Community in the first place, before the content of that discussion, concerning sanctions against the former Soviet Union, was leaked to media? Why wasn't Flynn's side of the discussion "masked" or "minimized", as many Americans believe is the case when it comes to the capture of information from U.S. persons during foreign counterintelligence investigations?

"Since 2008," she explains, "it's been permissible for the FBI, in whatever intercepts they get directly, to be able to go back in and look up stuff without distinction of whether the somebody is a US person or a foreigner. This is why the Republicans are so buggy about this."

"What many people are discovering, for the first time, is that the FBI can do backdoor searches. It means they do not need a warrant...where some analyst in the FBI or the NSA has decided someone is of foreign intelligence interest. The FBI doesn't need a warrant for that at all. They access that stuff without any criminal evidence against Americans. If they get a tip on you, they can look you up by your name, just on that tip alone."

Wheeler goes on to detail the legal statutes on that, the lack of public evidence concerning the alleged "cutout" between stolen DNC emails and WikiLeaks, why it took so long for Comey to inform Congress about his investigation at all (he said it's been under way since last July), questions about whether Trump and others in his Administration are susceptible to compromise by foreign agents, and whether or not she has confidence in the Congressional and FBI investigations into all of these matters.

Also today: Trump's approval rating hits a new low, and a federal appellate court protects a Constitutional right in Mississippi by blocking another GOP attempt to close the state's last remaining abortion clinic...

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On today's BradCast, trouble continues to brew for Congress, the White House, the nation, the world and, yes, for Donald Trump. [Audio link to show is posted below.]

Among the stories covered on today's program:

• The Treasury Secretary warns that the U.S. will soon hit its statutory debt ceiling and will default on loan payments unless Congress takes action. Will Republicans be more likely to do so now than they were under Obama? Or is a government shutdown and/or defaulting on our loan payments for the first time in history in store?
• A new study finds that some 15 million Americans are likely to lose their health care coverage under the GOP plan to "repeal and replace" ObamaCare. And, while Medicaid recipients are sure to be hard hit under the Republican scheme, experts are warning that the tax cuts in the GOP's scheme will also serve to gut the Medicare Trust Fund;
• Over the past week alone, with little media attention, the Trump Administration has dropped more bombs on Yemen than the Obama Administration had in any single full year of his presidency;
• More new concerns arise about Trump's conflicts of interest and apparent violations of the foreign 'Emoluments Clause' of the U.S. Constitution (this time concerning China);
• But as the specter of impeachment continues to loom over this Presidency, attorney and BRAD BLOG legal analyst Ernest A. Canning, our guest today, explains how the provisions of the 25th Amendment could become a more viable path for the removal of this President from office, particularly if his disturbing and unpredictable rage and mood swings continue to spiral. We discuss the potential triggers, likelihood, downsides, history and more.
• As a very early and deadly wildfire seasons breaks out in a number of states, Desi Doyen joins us for the latest Green News Report;
• She also has a few thoughts on the incredibly stupid (and (and absolutely incorrect) comments this week by the new EPA chief Scott Pruitt (and the stooge Joe Kernen interviewing him on CNBC) regarding the affects of CO2 on climate change;
• And, finally, we finish up with a bit of good news on voting, for a happy change...

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The never before utilized Section 4 of the 25th Amendment to the U.S. Constitution (full text posted below) may provide the most efficient lawful means to facilitate a swift end to the madness brought on by the Presidency of Donald J. Trump.

The real issue is not whether Donald Trump --- an utterly dishonest raging authoritarian narcissist and "pathological liar" --- should be removed from office. Instead, the focus should be on which of two alternative constitutional means for removing this miscreant from office has the best chance of ultimately succeeding.

Impeachment is a cumbersome process that, assuming the GOP-controlled Congress would permit it, entails lengthy investigative hearings, and the introduction of Articles of Impeachment alleging High Crimes and Misdemeanors --- Articles that must be approved by a majority of the House. This would be followed by a trial in the Senate. Trump would then be removed from office only if two-thirds of the Senate votes to convict. Tall orders for both Republican-majority chambers, to say the least.

Throughout the length of those protracted proceedings, Trump would remain in office with access to the nuclear codes.

In his recent New York Times op-ed, Nicholas Kristof, quoting Harvard's renowned Constitutional Law Professor Laurence Tribe, opined that the 25th Amendment offered a viable means for removing Trump from office. Per the language of Section 4 of the 25th Amendment, if Vice President Mike Pence and a majority of Trump's own cabinet transmitted to the leaders of the House and Senate "their written declaration that [Trump] is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President." The burden would then shift to Trump to submit "his written declaration that no inability exists." If he submits a declaration contending that he is able to carry out the duties of his office, Trump would not be permanently removed unless two-thirds of both Houses of Congress upheld the Vice President's declaration.

Irrespective of the legal bases for impeachment --- such as Trump's corrupt and remarkably overt violations of the Constitution's Emoluments Clauses --- it is unlikely that a GOP-controlled Congress would be willing to entertain, let alone vote to impeach a Republican President. This would especially be true if, as is likely, the Articles of Impeachment were introduced by Democratic members of the House.

By contrast, as observed by Lawrence O'Donnell during a Feb. 20 airing of The Last Word (see video below) --- if successfully invoked, the 25th Amendment would pit Republicans against Republicans: to wit, Vice President Mike Pence and a majority of the cabinet against Trump and a minority of the cabinet. If the chaos that is the Trump administration continues and potentially threatens GOP majority rule in either or both houses of Congress in 2018, there's a distinct possibility that, as predicted by Sen. Charles Schumer (D-NY), the dynamics within the GOP could undergo a significant change. If he could overcome loyalty to the man who named him as his running mate, Pence and a majority of the cabinet could legally initiate a swift end to the Trump presidency.

That's a lot of "ifs"...and even if they all came to pass, there is more to think about regarding this path...

The hypocrisy gets thicker by the moment. On today's BradCast, Vice President Mike Pence used private email for state business while serving as Indiana's Governor. And, down in Texas, the U.S. Department of Justice, after switching sides in a long running voting rights case, bombs out, according to our guest who was in the courtroom for a remarkable hearing this week. [Audio link to show posted at end of this article.]

Yes, VP Pence has been discovered to have used a private email server for state business as Governor of Indiana, even while running for Vice President and mercilessly criticizing Hillary Clinton for having done the same while Secretary of State. Unlike Clinton's email account, Pence's was actually hacked. That news follows a similar report that Trump's EPA Administrator, Scott Pruitt, also used a private email server for state business while serving as Oklahoma's Attorney General --- and lied to Congress about it.

Then, we're joined by Slate legal reporter Mark Joseph Stern with his amazing report out of Texas, where he was in a federal courtroom this past week, to witness the latest hearing in the long-running case against the state's racially discriminatory Photo ID voting law. The hearing, he explains, was remarkable on a number of fronts. Not the least of which is the fact that, after years of successfully challenging the state Republicans' racist law side-by-side with private litigants, the U.S. Dept. of Justice, now under the control of Donald Trump's Attorney General Jeff Sessions, has switched sides in the case to join with Texas!

The result, as Stern details, was encouraging, gob-smacking and, at times, hilarious. After the state's law, denying access to the polls for those without very specific types of state-issued IDs, has been found racially discriminatory in court after court for years (including by the most conservative U.S. Appeals Court in the land), the only real question now before the U.S. District Court Judge is whether or not Texas enacted their voting restriction with a discriminatory intent. If the law is found (again) to have been purposely designed to discriminate against racial minorities, the state could find themselves back under the Voting Rights Act's pre-clearance regime, requiring federal approval for any new laws related to elections.

The DoJ, now standing with Texas in their call for the case to be dismissed, offered an argument that the Judge didn't appear to be buying, Stern reports --- largely because the argument seemed to make no sense at all. Their argument, in short, is that the state legislature is working on a new version of the same law. Therefore, their intent while creating the previous version should no longer matter nor be held against them as a violation of the law or Constitution. At the same time, the state attempted to offer evidence that they failed to offer during the original trial, which turned out not to be actual evidence at all. Suffice to say, amidst a mountain of real evidence against them, the DoJ and Texas arguments "crashed and burned," says Stern, adding that "t was almost painful to watch!"

This case, "goes way beyond Texas," he notes, citing some of the responses from a plaintiff attorney for the NAACP after the hearing, and a Democrat that the state's attorney inexplicably tried to blame for the law. "This is sort of testing the waters for many other states, even possibly for a national voter ID bill governing all federal elections. This is just the start. So we're really at the threshold of this battle, even though it feels like we've been waging it forever."

There is a lot more in today's interview. Please tune in for it. Trust me. It's a very nice way to end this week.

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On today's BradCast, I'll be your guest host, Angie Coiro. Would you like to sit at the bar? Maybe not a bad idea.

Have you had the Trump/Russia links up to here? You have a friend in RJ Eskow, host of The Zero Hour. He's not convinced; he advises skepticism and clear thinking when it comes to sorting the proven from the unproven.

With people fleeing America over the northern border in fear, with at least one report of a man who killed himself rather than be forced back into Mexico, with an Oscar-nominated cinematographer kept out of the US, and a Holocaust scholar from France almost deported --- it's time to take a long look at sanctuary cities, emboldened local police forces, and how to stay focused on resistance. Heralded civil rights attorney/activist Jim Brosnahan of Morrison & Forster in San Francisco, and Heather "Digby" Parton of Hullabaloo take on the many facets of that disaster.

Finally, Dave Johnson of Seeing the Forest and The Campaign for America's Future deconstructs Trump's promised tax cuts, and their connection to failing infrastructure.

Download MP3 or listen online below...

On today's BradCast, as dark as yesterday's show was, today is somewhat the opposite, with a whole bunch of encouraging news from the courts and the people across these United States. [Audio link to show follows below.]

Attorney and legal journalist Mark Joseph Stern of Slate joins us to break down the full 4th Circuit Court of Appeals' potentially landmark decision upholding the state of Maryland's ban on semi-automatic "weapons of war" and the U.S. Supreme Court's ruling today on a race-based death penalty case out of Texas.

On MD's ban on military-style assault weapons, enacted by the legislature following the 2012 Sandyhook Elementary school massacre, the full court's majority ruling, including a number of Republican-appointed judges, soundly rejected the opponents argument that, as Stern says, "once enough people own a certain type of gun, the 2nd Amendment magically begins to protect it." He explains what may happen next with this case as it moves toward the Supreme Court and offers his thoughts on why GOPers and the NRA are suddenly unconcerned with their "states rights" arguments when it comes to guns.

On the SCOTUS death penalty case, granting a repreive, for now, to a Texas man on death row since 1997, Stern explains how the case underscores that "people who are sentenced to death in this country get the worst lawyers sometimes...It's really quite shocking." Incredibly enough, Chief Justice John Roberts eloquently agreed --- at least in this case.

And more encouraging news also covered today...

• A federal court in Texas blocks the state's attempt to defund Planned Parenthood;
• North Carolina's Democratic governor moves to withdraw the state's appeal to SCOTUS, filed by his Republican predecessor seeking to overturn a federal appeals court finding that the state's election reform law unconstitutionally discriminated against African-Americans "with surgical precision";
• An FEC commissioner refuses to back down in the face of legal threats from Koch Brothers'' funded group after her demand to see Trump's alleged evidence of thousands of illegal votes cast in New Hampshire's 2016 Presidential election;
• Another new poll finds Trump's approval ratings "sinking like a rock";
• A Muslim group raises $90 thousand (so far) to help repair the desecrated Jewish cemetery in St. Louis, MO;
• A people continue to exercise democracy, whether Republicans and Donald Trump like it or not, by showing up in huge numbers at Congress member town halls across the country...

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