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Latest Featured Reports | Friday, March 29, 2024
BRAD BLOG Spring Breaking
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It's Up to You, New York: 'BradCast' 3/21/24
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Biden EPA issues biggest climate regulation in U.S. history; Rio hits 144°F heat index!; Exxon CEO blames YOU for climate change; PLUS: U.N. issues climate change 'red alert'!...
Previous GNRs: 3/19/24 - 3/14/24 - Archives...
'It All Comes Down to Brett and Amy': 'BradCast' 3/20/24
Guest: Slate's Mark Joseph Stern on another stunning week of federal judiciary debacles; Also: Primary results from AZ, FL, IL, KS, OH, CA; Biden EPA's 'biggest climate move yet'...
American 'Bloodbath':
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Trump is promising political violence whether he wins or loses; Also: Navarro goes to prison; Scofflaw MI MAGA attorney arrested; SCOTUS allows TX to override federal law, Constitution; Biden's SOTU success...
'Green News Report' 3/19/24
  w/ Brad & Desi
EPA finally bans all uses of asbestos; Biden unveils billions for rebuilding communities broken by highway construction; Extreme heat in Africa; PLUS: MA coastal town follies...
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Corporations 'Taking a Bazooka' to NLRB, Hoping to Declare it 'Unconstitutional': 'BradCast' 3/18/24
Guest: Labor journo Steven Greenhouse; Also: Putin's 'election'; Trump can't find $450M...
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FEATURING: Moses Mike...Trump II Terror...TikTok Truth...and more in our latest collection of the week's most secular toons!...
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'Green News Report' 3/14/24
FL bans heat protections for workers; Methane leaks continue; GOP Project 2025 would ban Paris Agreement; PLUS: CA snowpack is back, but too late for salmon...
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Guest: Brady Center's Kelly Sampson; Also: Biden, Trump clinch; GA judge nixes 6 counts...
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'Green News Report' 3/12/24
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

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


Now that Repubs have rigged Impeachment, the 2020 election stands as America's last defense against full-on authoritarianism...
By Brad Friedman on 2/3/2020 6:03pm PT  

On today's BradCast: Following Friday's shameful vote in the U.S. Senate, where just two Republican Senators were able to muster up the courage to vote against completely blocking all witnesses and documents in the Impeachment Trial of Donald John Trump, we now have just one firewall left against our slide into full authoritarianism: This November's election. [Audio link to show follows below.]

If a President can't be indicted, as the Dept. of Justice falsely claims, and a Republican Senate is more than happy to blatantly rig an impeachment "trial" against a Republican President, the only American firewall left against the collapse of representative democracy as we've known it in this nation is your vote --- and those of every eligible citizen you know --- cast this year and counted as intended. That, as we have warned for many years, is now more difficult than ever in many jurisdictions. Nonetheless, that fight begins tonight in Iowa. (We'll have full coverage of Iowa results on Tuesday's BradCast.)

On today's program, related to all of the above, and before we open up the phones to callers on all of it...

  • We are "flying blind" as we head into the Iowa Caucuses after the weekend cancellation of the final "gold standard" Des Moines Register poll, due to a procedural error. Though Bernie Sanders, according to other last-minute polling, is believed to be the front-runner on the Democratic side as caucusing begins. That said, the Iowa Caucuses are complicated and notoriously difficult to predict, for some of the reasons we explain on today's program;
  • Millions of Vote-by-Mail ballots are, as of today, according to a media statement from the California Sec. of State, now on their way to Golden State voters for the March 3rd Super Tuesday primary, when more than a dozen states will be voting in their 2020 primaries all at once. We, again today, endeavor to explain the complicated procedures that are (sadly) necessary in the Golden State to make sure you are able to vote in the party primary of your choosing, as well as the steps you need to take to make sure you do so on a hand-marked paper ballot in order to maximize the odds of your vote actually being counted as cast.

    To avoid having to cast a 100% unverifiable touchscreen vote if you live in Los Angeles County (where that will be forced upon you at our new "voting centers") or anywhere else where touchscreens are your only choice at the polling place, PLEASE contact your County and ask for a hand-marked paper Vote-by-Mail ballot. Then, PLEASE deliver it IN PERSON to your polling place or County headquarters on Election Day or as close to it as possible. (Check your local jurisdiction to make certain they will accept hand-delivered vote-by-mail ballots!) To check your voter status --- how and if you are registered, and whether you are signed up for Vote-by-Mail --- please see the CA Sec. of State website's Voter Status page here. To request a Vote-by-Mail ballot in L.A. or request a specific party's primary ballot, go to LAVote.net;

  • Everyone must be on board and educated about all of this, this year. With the stakes we are now facing, there is ZERO room for error. Please share good information far and wide, and help your friends and neighbors to register, to vote, and to help spread the word to others about how to do the same thing;
  • Yet another reason for voting on hand-marked paper: I am terrified, for good reason, about the possibility of a ransomware attack that could prevent voters in jurisdictions that now (foolishly and dangerously) rely on computers at the polls for voters to be able to vote at all. One of the latest such attacks/reminders is currently crippling services in Tillamook County, Oregon, where all County computer servers were shut down as of last week due to such an attack. Tillamook is just the latest of dozens of jurisdictions --- states, counties, large and small metropolitan areas --- to be hit by ransomware attacks over the past year. If one occurs on or before Election Day in a county (like L.A.) that now relies on computer pollbooks and voting systems, we will have a disaster on our hands in the upcoming elections;
  • Of course, such a disaster is exactly what Donald Trump is hoping for, given his unpopularity and his repeated attempts to rig both the 2016 and now 2020 elections in his favor through any means necessary. He is now being aided in that effort not only by Republicans in the Senate, but by the Dept. of Justice itself, which is unlawfully withholding documents that prove, yet again, that Trump directed Administration officials to freeze hundreds of millions of dollars in military assistance to Ukraine in a pressure campaign to force them to help him cheat in the 2020 election;
  • All of this, as investigative journalist Kurt Eichenwald warned in a chilling Twitter thread on Friday after the vote to block all witnesses and documents in Trump's Impeachment Trial, is why "we are in an extremely terrifying moment in American history." Eichenwald cautions that, because Presidential "emergency powers" have never been defined ("because no one ever imagined a situation like this"), Trump could even attempt to cancel this year's election if he wanted and, like Hitler, could even imprison political opponents such as Joe Biden or Bernie Sanders "if he further advances his argument that he [has] absolute unquestionable control of government."

Far fetched? Please tune in to today's show and then let us know, as callers did in the second half of today's program...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Roosevelt University political scientist David Faris...
By Brad Friedman on 1/31/2020 6:00pm PT  

While it seemed impossible previously, Republicans in the U.S. Senate appear to have outdone their phony confirmation proceedings for Supreme Court Justice Brett Kavanaugh in late 2018, with their sham Impeachment "trial" of Donald John Trump. As we went to air for today's BradCast, the Senate was preparing to vote on whether witnesses would be blocked from a Senate Impeachment Trial for the first time in U.S. History. By the time we got off air, the shameful, dirty deed was done. [Audio link to full show is posted at end of article.]

The day of the fateful vote began with yet another explosive piece of breaking news from the New York Times, reporting that Trump's former National Security Advisor John Bolton's forthcoming book charges that "More than two months before he asked Ukraine’s president to investigate his political opponents" Trump directed Bolton "to help with his pressure campaign to extract damaging information on Democrats from Ukrainian officials, according to an unpublished manuscript by Mr. Bolton." Moreover, the paper reports, Bolton describes an Oval Office conversation on the matter in early May of 2019 "that included the acting White House chief of staff, Mick Mulvaney, the president’s personal lawyer Rudolph W. Giuliani and the White House counsel, Pat A. Cipollone, who is now leading the president’s impeachment defense."

Yes, that's right. The Trump attorney now leading his defense in the Senate trial, who has accused Democratic House Managers of "hiding the facts" in their arguments in favor of two Articles of Impeachment against Trump, is now allegedly a co-conspirator in the very plot that resulted in only the third impeachment of a U.S. President in history. Little wonder they'd prefer to have no witnesses testify.

Bolton has stated he would be willing to testify in the trial, as has Lev Parnas, a right-hand man to Rudy Giuliani, Trump's personal lawyer at the center of the scheme to pressure Ukraine to announce investigations of Joe Biden before Trump would agree to a White House meeting or release $391 million in military assistance to war torn Ukraine. On Friday morning, Parnas' attorney submitted a letter to Majority Leader Mitch McConnell, explaining his client's willingness to testify at the trial with relevant information that alleges Trump, Mulvaney, Vice President Mike Pence, Attorney General William Barr, Energy Secretary Rick Perry, Senator Lindsey Graham, Congressman Devon Nunes and many others worked on Trump's plot to force Ukraine to help him undermine the 2020 Presidential election. So, yes, as Gordon Sondland said weeks ago, "everyone was in the loop. So, yeah, no witnesses please and thanks.

Despite all of that astonishing news --- and all that has come before it --- by the end of today's program, Republicans in the U.S. Senate, by a vote of 51 to 49, would vote to block subpoenas for all witnesses and documents in the Impeachment Trial, for the first time in U.S. history. Only two Republican Senators, Susan Collins of Maine and Mitt Romney of Utah, were willing to cross the aisle to vote with all 47 Democrats to call for witnesses. We discuss the pathetic excuses offered by supposedly "moderate" GOP Senators Lisa Murkowski of Alaska and the retiring Lamar Alexander of Tennessee for voting against witnesses. That vote now paves the way for an acquittal vote for the President. One of the few remaining questions by show's end was when that vote may come. As of this hour, it may now happen next Wednesday, the day after the President's State of the Union Address on Tuesday night --- but we'll see.

Another major question of note is what price, if any, Republicans may ultimately pay for what Senate Minority Leader Chuck Schumer described after the vote as the GOP's act of "perfidy...where the Senate did not live up to its responsibilities, turned away from truth, and went along with a sham trial." With "no witnesses and no documents", he described the proceedings as "not a real trial" and "a tragedy on a grand scale."

We're joined today by DAVID FARIS, Associate Professor of Political Science at Roosevelt University, author of It's Time to Fight Dirty, to discuss today's historic events, and his two most recent columns at The Week, where he is a regular contributor. In one, he finds fault with the House Democrats' strategy of sending over the Articles to the Senate too quickly and, in the other, with McConnell's strategy of blocking witnesses. Faris describes the latter as a "rare blunder" for the Republican leader and explains why. I disagree with him on the latter, as he and I discuss what all of this may now mean for Republicans, for Democrats, for the President and for the voters who will kick off the 2020 Presidential Election in Iowa this coming Monday.

"I don't know that there's anybody who could look at the Senate this week and say that a fair trial happened here," Faris tells me. "What McConnell did was he handed Democrats a bat to beat them with for the next eleven months about the legitimacy of the trial in the Senate."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Former FEC Chair Ann Ravel on 'insane' legal and campaign finance assertions by Dershowitz, Philbin in Senate Impeachment trial...
By Brad Friedman on 1/30/2020 5:28pm PT  

Day two --- the final day --- of the Questions phase in the Senate Impeachment Trial of Donald John Trump was perhaps best characterized by lead House Manager Adam Schiff on Thursday, when he described the new defenses offered by the White House Counsel's team as "a descent into Constitutional madness" and "the normalization of lawlessness." Those comments were echoed by the former chair of the Federal Election Commission, who joins us on today's BradCast. She called Trump's new line of defense as "insane". [Audio link to show is posted at bottom of article.]

On Wednesday, the first day of written Questions from the U.S. Senators, as read to both legal teams by the Chief Justice of the Supreme Court, Trump's defense attorney Alan Dershowitz made an extraordinary argument: "If a President does something which he believes will help him get elected, in the public interest, that cannot be the kind of quid pro quo that results in impeachment." He went on to offer an analogy. "If a hypothetical President of the United States said to a hypothetical leader of a foreign country, 'unless you build a hotel with my name on it, and unless you give me a million dollar kickback, I will withhold the funds'." That, he said, would be an "easy case" and "purely corrupt". However, he continued, a more complex case was one where a President says: "I want to be elected. I think I'm a great President. I think I'm the greatest President there ever was and if I'm not elected the national interest will suffer greatly. That cannot be an impeachable offense."

In other words, he seemed to argue, it's just fine for a President to solicit a foreign power for help in an election (which is a violation of the law), so long as he or she believed it was in the best national interest for him or her to be elected. Dershowitz has spent a lot of time since those remarks, on Twitter and elsewhere, attempting to defend himself by saying that he did not say what he said. But he absolutely did say it, and so we share audio of some of his extended argument saying as much today, so you can hear it for yourself.

It wasn't the only way in which Trump's team of defense counselors moved the goal posts to accommodate his well-documented Abuse of Power, the basis for the first Article of Impeachment against him. Deputy White House Counsel Patrick Philbin on Wednesday astonishingly charged that "mere information" about a political opponent, even from a foreign source, "is not something that would violate the campaign finance laws."

“Apparently it’s okay for the President to get information from foreign governments in an election," House Impeachment Manager Zoe Lofgren responded with alarm. The California Democrat who worked on the Judiciary Committee during the Nixon Impeachment added, "That's news to me!" The new lines of argument from the President's team is what led Schiff to charge Trump's defense has become "a descent into Constitutional madness," adding "that way madness lies," before citing a similar, then-rejected defense from Richard Nixon who claimed "when a President does it, it's not illegal," before he eventually resigned the Presidency in disgrace. "Have we learned nothing in the last half century?," asked Schiff in response to Dershowitz today.

We share all of those assertions and counter-assertions today, before we turn to someone with no small amount of authority on all of this, ANN RAVEL, who served four years on the Federal Election Commission and as its Chair for two years before leaving her post in 2017. Prior to that, she chaired a similar state commission overseeing campaign finance matters in California.

"There are so many things wrong with [Dershowitz'] argument it's hard to know where to start," she tells me, charging that the claim that a quid pro quo is "somehow justified because it's important for the nation is ridiculous. It would be like saying, for any elected public official, that because it's so important for them to be re-elected that they can commit any criminal act. That's not what the framers of the Constitution intended with regard to the Presidency, and it's exactly why they have the laws relating to impeachment procedures."

"The law does not have an exception for people who think they are so important, that their worth is necessary for the whole country and therefore they can act with illegality and with impunity," she opines, before similarly torching Philbin's argument that there is nothing unlawful about soliciting a thing of value from a foreign power --- an express violation of campaign finance law.

Ravel, who is currently running for office herself in the California State Senate, laments the fact that "there is no FEC in existence now" with only three members currently seated on the six-person panel, and at least four required for a quorum to vote on enforcement of federal law. Similarly, she warns that Trump's Attorney General Bill Barr, responsible for overseeing criminal violations of campaign finance regulations, "is not acting as an Attorney General who would act with integrity to enforce the laws fairly and evenly. Instead, he seems to be biased in favor of assuring that he supports this President, so he remains in office I presume. As a result, we do not have any enforcement whatsoever of campaign finance laws."

Ravel offers alarming insight and a grim assessment as voting in the critical 2020 Presidential election begins just days from now in Iowa. "This is like sending a flare up indicating it's open season for illegality in our electoral process," she warns, along with many other thoughts, including on what she has come to learn about elections now that she is on the other side of the issue as a candidate herself. Running for office, Ravel tells me, has led her to be believe that "more constraints" are needed on electoral campaign finance, not less. She would like to see publicly financed elections in the future.

Finally today, we're joined by Desi Doyen for our latest Green News Report, with a few encouraging signs (though not nearly enough) on how some institutions are attempting to step up and deal with our worsening climate crisis, both in the U.S. and around the globe...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Constitutional attorney and impeachment expert John Bonifaz...
By Brad Friedman on 1/29/2020 6:14pm PT  

On today's BradCast: It was Day One of sixteen scheduled hours of Questions and Answers in the Senate Impeachment Trial of Donald John Trump on Wednesday. And it was absolutely fascinating. [Audio link to today's show is posted at end of summary below.]

Senators from both parties submitted written questions to be read aloud by Chief Justice of the Supreme Court John Roberts, who is presiding over the third such trial in U.S. history, and answered by the two teams of attorneys, the Democratic House managers prosecuting the two Articles of Impeachment against Trump, and the White House Counsel defending him. The brief answers by both sides supported their presentations made previously, and sometimes added additional claims. One example was when criminal defense attorney Alan Dershowitz, representing the President, claimed that Trump's pressure scheme to withhold $391 million in military aid to Ukraine in exchange for announcements of investigations into his political rivals was perfectly allowable because if the President felt his reelection was in the nation's best interest, then he can't be impeached for the scheme. All of it, Republicans continued to argue, is nothing more than a "partisan policy difference" between Democrats and the White House.

On the Democratic side, House Managers detailed how the White House counsel had repeatedly claimed the impeachment is invalid because the House failed to seek subpoenas in court for some witnesses before bringing the Articles to the Senate, even while the White House is in Court right now in related cases arguing the exact opposite, that House subpoenas of Executive Branch officials are illegitimate because the House has no right to oversee the Executive Branch. As Lead House Manager Adam Schiff explained: "Yes, we're to try to divine the intent of the Framers, but we are not to leave our common sense at the door."

But the most crucial dispute at the moment, perhaps, is whether witnesses such as Trump's former National Security Advisor John Bolton should be subpoenaed to testify in the trial after the New York Times reported this weekend that his forthcoming book offers first-hand corroboration of the Ukraine scheme that the President's attorneys have denied. All of this, as reported on Wednesday morning, the White House sent a letter to Bolton's attorneys on January 23 attempting to block the March 17 publication of the book on "national security" grounds; as Trump unleashed a tirade against Bolton on Twitter on Wednesday; and as Senate Majority Leader Mitch McConnell reportedly conceded on Tuesday night that he does not yet have enough Republican votes to block witnesses at the trial.

We're joined for expert insight and analysis on all of this today by Constitutional attorney JOHN BONIFAZ, Co-Founder of FreeSpeechForPeople.org and author of several books on impeachment, including The Constitution Demands It: The Case for the Impeachment of Donald Trump. Bonifaz' organization has been referenced at various times during the Impeachment proceedings, as they had called for Trump's impeachment on the day he was sworn in, charging that he was in violation of the Constitution's Emoluments Clauses as of that moment.

Bonifaz, argues today that "If this President is not removed from office, the House should proceed to advance new Articles of Impeachment. There is no reason why this President should not be held accountable for his cruel and unconstitutional imprisonment of children and their families at the border, for his obstruction of justice, for his abuse of the pardon power, for his racist abuses of power, for his violations of the Emoluments Clause --- the list goes on, and the President ought to be held accountable for those high crimes, as well."

He also responds to several of the defense arguments offered by the White House's attorneys; offers his thoughts on whether Bolton and others (including the Bidens) should be called as witnesses; gives his impressions of the case brought to date by Democrats; calls out both Dershowitz and White House attorney Ken Starr (who led the impeachment investigation against Bill Clinton) for hypocrisy; and explains his own consistency in supporting Impeachment of George W. Bush, Donald Trump and, yes, Bill Clinton at the time, for Abuse of Power by each of those Presidents...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Tragic death of an L.A. icon and listener calls on all of the above...
By Brad Friedman on 1/27/2020 6:09pm PT  

On today's BradCast: The President's defense team picked up on Monday where they left off on Saturday in their Opening (and potentially Closing) Argument in the Senate Impeachment Trial of Donald John Trump. But that defense was hit with a major bombshell by the New York Times on Sunday which could (emphasis on "could") turn out to be a game-changer for the previously expected course of this trial. [Audio link to program is posted at the end of this summary.]

But first, and before we eventually open the phones today, a few updates on the tragic Sunday death of Los Angeles Lakers' legend and NBC icon Kobe Bryant, who was killed along with his 13-year old daughter and seven others during a helicopter ride on a very foggy day just outside of L.A. While the shocking death of the 41-year old Bryant has reverberated around the globe, the pain of his loss was particularly acute here in Los Angeles yesterday.

In other Los Angeles news with national implications, we've got a bit more information on Friday's "conditional certification" [PDF] by CA Sec. of State Alex Padilla of L.A. County's new, 100% unverifiable touchscreen voting system set for first-time use in the upcoming March 3rd Super Tuesday Presidential primaries. Among the updates, we've got a bit more information on the so-called "hand-marked paper ballot" that Padiila has ordered be made available at Voting Centers "for any voter that requests to cast" one. It will, according to the Secretary's mandate, be a "write-in absentee ballot," modeled on the Federal Voting Assistance Program's federal write-in absentee ballot [PDF] --- meant as a ballot of last resort for overseas voters who do not receive a normal absentee ballot in time to cast a vote --- that requires voters to write in all of the names of the offices and candidates for which they would like to vote. As much confusion and chaos as L.A. County's new, $300,000,000 "Voting Solutions for All People" or VSAP voting system is likely to cause at the polls this year, the provision for a second-rate, hand-marked "write-in ballot" as the only means for casting a hand-marked ballot at the polling place, is likely to make things even more chaotic. We detail that, and a few other points related to the certification of the new system on Friday, despite a newly filed lawsuit and warnings from cybersecurity and voting systems experts after its failure to meet more than 40 California Voting System Standards, according to the independent testers hired to analyze the system during Padilla's certification process.

Next it's on to the President's lawyers' case being presented once again as we went to air today, in the U.S. Senate, where Ken Starr (yes, that Ken Starr, the Special Prosecutor who recommended impeachment against Bill Clinton for lying about an affair) argued hypocritically that Trump could not Constitutionally be impeached for Abuse of Power (Article 1 of the two Impeachment Articles against him), even though Starr's own recent book on impeachment explains that Abuse of Power was the capstone of Clinton's impeachment case in 1998. That, and his argument that impeachment was just too divisive to put the country through without a bi-partisan political consensus was a bit hard to stomach for those of us old enough to remember the Clinton impeachment.

But the most noteworthy Impeachment-related news today is John Bolton, Trump's former National Security Advisor, reportedly charging in a manuscript of his new book, according to the New York Times, that Trump was directly involved in the unlawful freeze of $391 million allocated to Ukrainian for military assistance, unless the Ukrainians agreed to turn over documents related to an investigation of Joe Biden meant to help Trump's 2020 reelection changes. That alleged Abuse of Power is at the heart of Trump's impeachment, and the manuscript of Bolton's forthcoming book reportedly charges that Attorney General Bill Barr, Sec. of State Mike Pompeo and Trump's Chief of Staff Mick Mulvaney were all directly aware of the scheme, according to the Times blockbuster report.

That explosive news on Sunday has, according to several different news outlets, led a number of key GOP Senators to rethink their previous votes against calling for new witnesses and documents in the Senate Trial. Will four or more Republican Senators now agree to vote in favor of subpoenaing Bolton and other related (and/or unrelated) witnesses? That appears to be the question of the moment in this matter as we go to air today, and one we open up to discuss with callers near the end of today's program...

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Guest: Heather Digby Parton; Schiff's powerful plea; CA Sec. of State 'conditionally certifies' VSAP touchscreens, adds curious 'hand-marked paper ballot' provision, Beverly Hills sues over system's critical flaw...
By Brad Friedman on 1/24/2020 6:17pm PT  

Our special coverage of Donald John's Trump Senate Impeachment trial continues on today's BradCast, but we interrupt that coverage briefly at the top of today's show with some breaking news out of California, on a story we've been covering closely. [Audio link to show follows summary below.]

After we revealed last week that Los Angeles County's new, 100% unverifiable touchscreen computer Ballot Marking Device (BMD) voting systems were found by the Secretary of State's independent testers to have failed to meet more than 40 requirements of the California Voting System Standards, we called on Sec. of State Alex Padilla to deny certification of these horrific systems and to require a verifiable HAND-MARKED paper ballot system instead for all voters in the nation's largest voting jurisdiction. We called on listeners to send Public Comment to the SoS before the Public Comment period for certification ended this past Monday for L.A.'s new $300,00,000 touchscreen "Voting Solutions for All People" or VSAP system.

I sent my own comment and, in doing so, cited a comment from the brainchild behind L.A. County's new voting system, Registrar-Recorder/County Clerk Dean Logan. As we noted in that comment, Logan promised me a year ago, in January of 2019 via email, that "The equipment/system components [for VSAP] are/will be … in compliance with California's voting systems standards that exceed the federal voluntary system standards."

That vow from the County's top election official now turns out to have been untrue. Today, incredibly, Sec. Padilla "conditionally" certified [PDF] the VSAP system for first-time countywide use in the March 3rd Super Tuesday primaries, despite all of its many flaws.

He did, however, include a very curious --- and, for now, confusing --- condition, stating that "Los Angeles County shall make available in each vote center a sufficient number of blank write-in paper ballots for any voter that requests to cast a hand-marked paper ballot"...

What that means exactly, and whether this now means that every voter will be able to vote in any party's primary with a verifiable hand-marked paper ballot simply by requesting one at one of the 1,000 new Voting Centers (which replace the 5,000 community precincts we've always used in L.A. in previous years) remains to be seen. I have queries out to both the Secretary and Registrar and will report back whatever I can learn when I do.

In related news, the City of Beverly Hills announced Thursday they will sue the County, due to the fact that the VSAP system, as we explained last week, only shows four candidates in each race, before a voter is required to hit a "MORE" button if they wish to see additional candidates in the same contest. That "MORE" button, however, is very close to the "NEXT" button on the touchscreen, and takes voters to the next race without ever showing them all candidates in the previous one.

Padilla's conditional certification calls for mitigation to this enormous design flaw, but not until five months from now when "a plan" must be presented to the SoS regarding redesigned "functionality and usability". That means this flaw --- and the others --will be there for the critical March 3rd primaries and potentially changed before the crucial Presidential election in November. Whether that design change will actually be independently tested to ensure it has not introduced other problems also remains to be seen. But Beverly Hills, which has an upcoming election for City Council with five candidates on the ballot (one who will be hidden on Page 2 of the touchscreen for this race) has now filed a legal complaint, announcing they "are deeply troubled that voters will be disenfranchised by the new VSAP system."

Then, it's back to the ongoing mess on the East Coast in Trump's Impeachment Trial. We share the powerful and impassioned closing remarks from Thursday night's session from Rep. Adam Schiff. The lead Democratic House Manager spoke directly to Republican Senators about the internal dilemma that many are almost certainly facing in realizing the necessity of removing Trump before he cheats again on the 2020 election as he did in 2016 and, as Democrats have proven beyond a shadow of doubt, that he attempted to do in his unlawful pressure scheme with Ukraine to force them to announce an investigation seeking dirt on Joe Biden and an evidence-free claim about the 2016 election. Sadly, despite the power of those remarks, nobody who watches Fox "News" saw them because, as Media Matters found, the pretend "news" outlet showed live coverage of the actual, historic Senate trial "during its evening programming (between 7 p.m and 11 p.m. EST) for a total of just 22 seconds."

We're joined today by the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo to help us make sense of the past week of the trial as Democrats wrap up their opening (and perhaps closing) argument; what we can expect from the President's attorneys who begin their own presentation in response on Saturday; our best analysis of what comes next; and why Parton predicts "jury nullification" and believes "shamelessness is their superpower"...

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Repubs called out for blocking subpoenas for key documents, witnesses; Dershowitz, Graham cited for flipping 1998 positions on impeachment; Fox 'News' bags out of coverage; 'Doomsday Clock' nears 'midnight'...
By Brad Friedman on 1/23/2020 5:57pm PT  

Our special BradCast coverage of the Impeachment Trial of Donald John Trump continues on Day 2 of the Democratic House Managers' opening argument --- which could well be their closing argument as well, if Republicans continue to block subpoenas for contemporaneous documentation and first-hand eye-witnesses like Trump's former National Security Advisor John Bolton and Chief of Staff Mick Mulvaney. [Audio link to show follows summary below.]

Before we get to our impeachment coverage today, however, some less-than-fantastic news from the Bulletin of Atomic Scientists, who have, for the first time in the more than 70 year history of their infamous "Doomsday Clock", moved its minute hand inside the two-minute mark (where it was set in 2018 and at the height of the Cold War) before "midnight." We are now, according to the Bulletin's board of advisers, just 100 symbolic seconds from "midnight", thanks to growing threats of nuclear weapons following the dissolution of landmark arms control pacts and the ever-increasing acceleration of our climate crisis. "We are now expressing how close the world is to catastrophe in seconds --- not hours, or even minutes," according to Rachel Bronson, the Bulletin's president and CEO. "We now face a true emergency --- an absolutely unacceptable state of world affairs that has eliminated any margin for error or further delay." The Bulletin also cited the increasing threat of cyberattacks in their explanation as one of "multiple existential threats."

Meanwhile, one of world's greatest threats, Donald Trump, stands trial for removal from office in the U.S. Senate. Not that many who watch Fox "News" would understand exactly why, given that the pretend "news" outlet has, unlike CNN and MSNBC, been cutting away from their exceedingly truncated live coverage of the proceedings to carry their regular programming, on which they are lying about what is happening in the actual trial. What their viewers have not heard was the detailed, granular evidence revealing how Trump abused the power of his office to withhold nearly $400 million in military assistance from Ukraine in hopes of extorting the war-torn nation to agree to announce an investigation of Joe Biden and an evidence-free, Russia-generated claim that Ukraine interfered in the 2016 election on behalf of Hillary Clinton. It was done in hopes of cheating in the 2020 election.

The chronology of those events was expertly detailed by lead House Manager Adam Schiff on Wednesday, along with the other House Managers. At key moments in their presentations, each pointed out how existing documentation and eye-witness testimony is currently unavailable to the trial, being withheld at the orders of the President, and how that information should and could be made available now, if Republican Senators agree to do so. If not, Schiff warned, "the truth will come out" eventually anyway.

But GOP Senators have clearly calculated that, for most of them, it will be better to have that damning information come out later, after they have voted to acquit, rather than before they cast such a vote. All of this, ironically (or hypocritically) enough, as a number of Republican Senators have been complaining to Fox "News" (where viewers have no clue what's actually going on) and elsewhere, that they have not learned anything new from the Democrats' presentation.

On Thursday, Democrats detailed the legal and Constitutional underpinnings of the first Article of Impeachment against Trump for Abuse of Power, with House Manager Jerrold Nadler describing the allegations as "overwhelmingly supported by the evidenced amassed by the House" and "among the most serious charges ever brought against a President." The Chair of the Judiciary Committee went on to detail how the President's conduct in attempting to pressure a foreign nation to help him cheat in an American election is without precedent since the nation's founding and is "wrong, dangerous and captures the worst fears of our founders and the Constitution." Nadler characterized Trump's extortion scheme as one that "puts even President Nixon to shame," as the President and his defenders offer the "terrifying" argument that they see "no limits on his power or on his ability to use his public office for private gain."

He also played clips of Trump's own impeachment attorney, Alan Dershowitz, from before the Bill Clinton impeachment in 1998, when he argued that a violation of a statutory crime is not necessary before bringing charges of High Crimes and Misdemeanors and then-Representative, now-Senator Lindsey Graham making a similar case during his own presentation against Clinton while serving as a House Manager during that 1999 Impeachment Trial.

That's just some of our special coverage --- and debunkery --- in today's packed program, which ends with Desi Doyen and our latest Green News Report as Big Oil tries to rebrand itself as an opponent of climate change (hold your laughter); Trump beclowns himself again at Davos; a new study finds far worse drinking water contamination in the U.S. than previously estimated; and teen climate action superstar Greta Thunberg dresses down the elites at the World Economic Conference in Davos by telling them to end their investments in fossil fuels and start behaving as if they actually love their own children...

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Guest: Martin Longman of Washington Monthly and Progress Pond...
By Brad Friedman on 1/22/2020 6:31pm PT  

Our special coverage of the ongoing U.S. Senate Impeachment Trial of Donald John Trump continues on today's BradCast following Tuesday's marathon session that ended at nearly 2am in the nation's capital, before beginning again with opening arguments on Wednesday. [Audio link to full show is posted below.]

On Tuesday, Republicans voted repeatedly along party lines to block 11 different amendments proposed by Democrats to allow for various first-hand witnesses to Trump's alleged High Crimes and Misdemeanors and documents being withheld by the White House that underscore other evidence in the two Articles of Impeachment.

Republican Senators blocked amendments proposed by Democrats to subpoena documents from White House Chief of Staff Mick Mulvaney; Documents from the State Department detailing the President's call with Ukrainian President Vlodymyr Zelinsky, as Trump withheld military assistance and a White House meeting in hopes of strong-arming Ukraine's new anti-corruption President to announce (not to carry out, just to announce) investigations into Trump's potential 2020 political rival Joe Biden; Documents from the Office of Management and Budget (OMB), which the President illegally ordered to withhold nearly $400 million in Congressionally-appropriated military assistance; Documents from the Pentagon where officials were reportedly troubled about potential violations of law in withholding the funds; a subpoena for Mulvaney himself to give testimony in the trial; A subpoena to two OMB staffers who carried out the hold on military assistance to the war-torn country; A subpoena for Trump's own former National Security Advisor John Bolton, who regarded Trump's Ukraine scheme as a "drug deal" and who has said he'd be willing to testify if subpoenaed by the Senate because, as he claims, he knows more about all of this than is currently publicly known.

In vote after vote, Republicans voted as a block, with 53 votes, to deny every Amendment offered by Democrats, even against ensuring votes for subpoenas at a later date or to have the Chief Justice authorize subpoenas if the Republican-appointed John Roberts, who presides over the trial, felt any particular witness or document would have probative value by being relevant to the case. "One side is not afraid of a fair trial," lead House Manager Adam Schiff argued, "one is terrified" that the truth might come out.

Meanwhile, Trump offered false comments to reporters overseas at the World Economic Forum in Davos, Switzerland, where he echoed his previous lies that he would "love" to have Bolton and Mulvaney and his Sec. of State Mike Pompeo and former Energy Secretary Rick Perry testify at the Senate trial, but he just can't allow it due to "national security" and "executive privilege" concerns.

Back home, the White House team's public defense at the first day of the trial was not well received, even by Republicans, including Chris Wallace of Fox "News" (which is now, unlike actual news outlets like CNN and MSNBC, breaking away during trial coverage for commercials and regular programming, while leaving the impeachment proceedings in a little silent box in the corner of the screen), the House Republicans' own Constitutional law expert Jonathan Turley, and George Conway, the longtime Republican attorney and activist husband of Trump's Senior White House Counselor Kellyanne Conway.

In a blistering interview with CNN on Wednesday, George Conway charged that Senate Republicans "don't want to hear the evidence because they know the truth, they know he's guilty"; that the charges against Trump are "much, much more serious" than those against Bill Clinton during his impeachment (on which Conway worked); that Trump is a "pathological liar" who "needs to be removed now" from office, because he is "thoroughly unfit for office". Kellyanne's husband also said that he is "deeply saddened" by what has happened to his Republican Party, but sees this historic event as a "moment of reckoning" for the nation and his party.

We're joined today by MARTIN LONGMAN (long known as "BooMan" to many old time progressive blog readers) from Washington Monthly and Progress Pond, for commentary as the Democratic House Managers begin their first day of opening arguments (which could also be their closing arguments if Republicans vote again next week to block witness subpoenas following the White House attorneys' opening argument). We also discuss the rules for McConnell's "scam trial" and why it is that Republicans seem to "lose every round and still win on the scorecard" --- not just in this matter, but going back as far as the Florida 2000 election.

Finally, we close with a few audio clips from Tuesday, when Democratic House Manager Rep. Jerrold Nadler accurately charged that Trump's lawyers "lie and lie and lie and lie", and White House Counsel Pat Cipollone said in response --- with a straight face --- that "President Trump is a man of his word." The heated late-night exchange resulted in a reprimand for both sides as Tuesday's marathon 13-hour session drew toward its close.

But we close today with a clip from Rep. Schiff's opening argument, citing a chillingly apt warning from founder Alexander Hamilton about "a man unprincipled in private life desperate in his fortune, bold in his temper, possessed of considerable talents...despotic in his ordinary demeanour [and] known to have scoffed in private at the principles of liberty [who] is seen to mount the hobby horse of popularity—to join in the cry of danger to liberty --- to take every opportunity of embarrassing the General Government & bringing it under suspicion --- to flatter and fall in with all the nonsense of the zealots of the day --- It may justly be suspected that his object is to throw things into confusion that he may ‘ride the storm and direct the whirlwind."

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Republican Senate votes to block document, witness subpoenas as White House offers remarkably hypocritical defense...
By Brad Friedman on 1/21/2020 6:10pm PT  

"Can I get a witness?" That appears to be the big question, at the moment, for Democrats in the historic U.S. Senate Impeachment Trial of President Donald John Trump. On today's BradCast, we offer special coverage of the beginning of the trial, which, at least for today, is turning out to be a trial about whether there will be a real trial or not, with evidence, documents and witnesses, as Republican Majority Leader Mitch McConnell and his caucus seem prepared to do everything in their power to ensure there will not be such an actual trial. [Audio link to show is posted below.]

Before we get to today's action in the Senate, we bring you up to date on the holiday weekend's pre-trial briefs presented by the Democratic U.S. House Managers, who are serving as prosecutors for Trump's two Articles of Impeachment on Abuse of Power and Obstruction of Congress, and the brief responses filed by the White House defense team.

Newly added to to Trump's legal team is hypocritical TV attorney Alan Dershowitz, who spent his weekend arguing on the Sunday news shows that the Articles were invalid because they did not include a specific crime. "You need proof of an actual crime," he argued. That, by way of contrast with Alan Dershowitz in 1998 during the Bill Clinton impeachment when he argued, literally, "it certainly doesn't have to be a crime" that qualifies a President for impeachment.

Trump's 6-page response to the Impeachment Managers 111-page brief describes the Impeachment as a "brazen and unlawful attempt to overturn the results of the 2016 election and interfere with the 2020 election" (which is what he is actually accused of doing in the Articles for which he is being impeached), and as "nothing more than a dangerous attack on the American people themselves and their fundamental right to vote." That's right. Donald Trump is now pretending to be concerned with the "fundamental right to vote." That, in the middle of an impeachment trial where he is accused of attempting to cheat in his 2020 reelection contest by withholding hundreds of millions of dollars in Congressionally-allocated military aid for war-torn Ukraine in hopes of forcing them to create dirt he can use against Joe Biden and other Democrats.

Tuesday's opening agenda was on the adoption of McConnell's proposed rules for the trial that would postpone votes on whether to include witnesses and documents previously blocked by the White House during the House's initial impeachment inquiry (the basis of Article 2's Obstruction of Congress charges) and even evidence gathered during the House Inquiry itself. Under McConnell's resolution, both sides would spend days in opening statements, and then take as many as 16 hours of written questions from Senators before they even vote on whether to allow witnesses or not. Legal observers have noted that is the opposite of how actual trials are carried out.

We share audio from today's terse opening statement by White House Counsel Pat Cipollone, followed by an extended excerpt from lead House Manager Adam Schiff on the unprecedented attempt to exclude all witnesses and documents from a Senate impeachment. No trial in the upper chamber of Congress has lacked witnesses since the founding of our nation.

As we went to air for today's BradCast (and as we write tonight), all Democratic amendments to McConnell's resolution, attempting to subpoena documents from the White House, the State Dept. and elsewhere, and for witness testimony, have been rejected along strict party line votes with all 53 Republicans voting to table the amendments, and all 47 Democrats voting to move forward with the subpoenas.

Also today, a few quick points of news elsewhere regarding the public fight to stop the controversial certification of new, 100% unverifiable touchscreen voting systems in Los Angeles County and the massive gun rights demonstration (over nothing) held on the Martin Luther King Day holiday in Virginia.

Finally, Desi Doyen joins us for the latest Green News Report, with exceedingly disturbing news about ocean warming, slightly more encouraging news about Wall Street beginning to wake up to worries about our climate crisis, and a big loss (for now) in the federal climate change lawsuit filed by a group of kids in California...

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Guest: Historian, author Richard Hayes Phillips, Ph.D; Also: Security experts worried about L.A.'s new, uncertified, unverifiable vote system...
By Brad Friedman on 1/17/2020 6:45pm PT  

Is Bernie "unelectable" as many well-paid pundits and columnists have argued? We take an evidence based approach to that question on today's BradCast. [Audio link to full show is posted below.]

But first, with the end of the Public Comment period for certification of Los Angeles County's $300,000,000 boondoggle of a new, 100% unverifiable touchscreen voting system coming to a close next Monday, Jan 20th (Martin Luther King Day holiday!) at 5pm PT, it's great to see Libby Denkmann's comprehensive piece at LAist, on the potential nightmares for L.A. voters in the making. Her piece is headlined "LA's New Voting System Is Still Uncertified. Why Election Security Experts Are Worried". She picks up on many of the points we highlighted when we broke the story earlier in the week of more than 40 violations of California Voting System Standards discovered by the independent testing team hired by the CA Sec. of State during the certification process.

We also follow up on Denkmann's scoop from earlier in the week, regarding the Beverly Hills City Council's recent vote to explore a lawsuit against Los Angeles County because the new, unverifiable touchscreen voting system forces voters to notice a "MORE" button if they wish to see more than the first four candidates listed on the ballot in any particular race. That button is right next to the "NEXT" button that would take voters to the next race without seeing all of the candidates in the current race. A listener writes in with a couple of solutions to that huge design flaw on these incredibly expensive "electric pens" that L.A. is investing in, instead of a much cheaper, much more secure and reliable, overseeable HAND-MARKED paper ballot system.

Then, with many in the pundit class helpfully informing us that candidates like Bernie Sanders and Elizabeth Warren are just too progressive to be elected in the 2020 general election (many of these same pundits also told us Donald Trump could never be elected, by the way), we take an evidence-based look at those claims.

The question, however, begins with dismantling the notion that pack journalism and "conventional wisdom" on such matters should be trusted. For example, conventional wisdom tells us that members of the active-duty military will be big supporters of Trump's again this year. Actual evidence, such as the annual opinion poll of active-duty subscribers to Military Times, reveals a very different set of data than that presented by much of the media. That poll, taken at the end of last year, finds that half of respondents view Trump unfavorably, with 45% viewing him "VERY unfavorably". His overall ratings have dropped dramatically since the military publication's first annual poll in 2016. Moreover a plurality back impeachment for their Commander-in-Chief! (And today's Washington Post story on Trump railing at his Generals as "a bunch of dopes and babies" probably won't help him much either.)

In fact, as we discuss with our guest, historian, author and election fraud investigator RICHARD HAYES PHILLIPS, nobody really knows anything. At least when it comes to the paid pundits substituting their opinions for actual facts. Phillips published a fact-based analysis of the questions regarding Sanders electability at The BRAD BLOG on Friday, based on known raw numbers from the 2016 primary (with a particular eye on the "Blue Wall" states of WI, MN, PA, MI, IA and OH) and what can be gleaned from opinion polls today.

While avoiding punditry and predictions, Phillips' findings --- at least based on what we know at this time --- suggest that Sanders is, indeed, electable. Whether he would still be by the time Republicans got finished with him, or whether he is more electable than someone like Joe Biden or Elizabeth Warren, remains unknown no matter what the TV talking heads tell you. "Take your pick," he tells me when I ask whether his analysis today will hold up even after Trump and the GOP media turn their fire on Sanders if we wins the Democratic nomination. "Which three words do you want to hear Donald Trump say over and over again in the same sentence 10,000 times? Do you want to hear 'Biden Ukraine corrupt'? Do you want to hear 'Bernie crazy socialist'? Do you want to hear 'Pocahontas crazy socialist'? I don't even want to think about what he would say about Pete Buttigieg. I'm not going to go there."

Noting that his work "is based upon numbers and not opinions," he suggests voters should vote for who they like in the primary and forget about "electability", before adding his key takeaway: "The lesson to this is that the most important thing that Democrats can do is to unite behind the winner and not split the opposition. Trump's best scenario is a 3rd party candidate on the Left siphoning enough votes from whoever wins the Democratic nomination to throw the election to Trump."

Phillips argues: "My advice is that Democrats should not be afraid of a spirited primary contest between two or more viable candidates. What they need to do, as recent polling data also reveal, is united behind the ultimate winner. You can't just take your ball and go home and mope because your candidate didn't get the nomination. That's what Trump wants you to do."

It is certainly true that Republicans will say anything, do anything, to win the general election against whichever Democratic candidate ends up winning the nomination. We close with one amazingly audacious recent clip from House Minority Leader Kevin McCarthy (R-CA) on Fox "News" that underscores precisely that point...

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Bombshells from Giuliani's right-hand man; GAO says Trump Ukraine scheme unlawful; Senators sworn to 'impartial justice' by SCOTUS Chief; Major design fail found in L.A.'s $300M vote system; L.A. County Clerk finally responds to our coverage...
By Brad Friedman on 1/16/2020 6:23pm PT  

Really just blockbusters and bombshells from top to bottom on today's BradCast. From historic impeachment proceedings to game-changing disclosures to potentially big legal trouble for L.A.'s imperiled new touchscreen voting system. [Link to complete show is posted below summary.]

First up, the historic Impeach Trial of Donald John Trump got officially under way in the U.S. Senate today, with a solemn oath-taking ceremony administered by Chief Justice of the U.S. Supreme Court John Roberts who will preside over the trial that could determine whether Trump remains President of the United States.

But before we even got there on Thursday, the non-partisan Government Accountability Office (GAO) came out with its finding that the Trump Administration did, indeed, violate federal law last year when it withheld hundreds of millions of dollars in aid to Ukraine as appropriated by a bipartisan vote of Congress. "Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law," the decision says, finding that the White House Office of Management and Budget (OMB) "withheld funds for a policy reason, which is not permitted under the Impoundment Control Act." That matter is at the heart of Trump's impeachment.

But before the GAO findings were released on Thursday morning, or Senators could take their oath to do "impartial justice" as jurors on Thursday afternoon as the impeachment trial began, Rachel Maddow's Wednesday night blockbuster interview on MSNBC with Lev Parnas, the Soviet-born right-hand man to Trump's personal attorney Rudy Giuliani, shook up just about everything and everybody. Parnas, facing charges of campaign finance violations, sung --- and sung like crazy. On everybody. "Everybody was in the loop," he said.

He claimed Donald Trump knew from the jump about the scheme to strong-arm Ukraine to announce an investigation of Joe Biden to help his 2020 reelection bid. So did Vice President Mike Pence, former National Security Advisor John Bolton, Secretary of State Mike Pompeo, Congressman Devin Nunes and even Attorney General William Barr. We share a few clips from Maddow's jaw-dropping scoop of an interview --- with a recommendation that you go check out the whole thing (which is set to have a Part 2 on Thursday night), before we move on to a few blockbusters and bombshells closer to home out here on the west coast.

Earlier in the week, we broke exclusive details on the pending certification of a brand-new, $300,000,000 unverifiable touchscreen voting system set for first time use in Los Angeles County --- the nation's largest --- in this year's March 3rd Super Tuesday primary elections. As we reported, independent testers hired by the Sec. of State's office to carry out certification testing of the new systems discovered more than 40 violations of California Voting System Standards as the Public Comment period for certification of the County's "Voting Solutions for All People" or VSAP system ends this coming Monday. Given the enormous problems with the system set for use in the critical 2020 Presidential election, we have been urging voters to send public comments seeking a HAND-MARK paper ballot system instead of the failed, unverifiable new touchscreen systems, to the Sec. of State at VotingSystems@sos.ca.gov.

All the while, L.A. County Registrar-Recorder/County Clerk Dean Logan has refused, for months, to respond to our serious questions about the systems or appear on the show. Well, we've got some new news today on all of that, including a potential lawsuit by the City of Beverly Hills, whose City Council, according to LAist's Libby Denkmann, has voted to approve a suit after discovering the effects of a serious design flaw in the system. The new VSAP tablets only display four candidates per race, before a voter must select a "MORE" button to be taken to a second page. That "MORE" button is right next to the "NEXT" button on the tablet voting system. And that "NEXT" button, takes voters to the next race on the ballot without voters ever even seeing the additional candidates in the race. This is a very serious flaw that is likely to cause havoc for candidates whose random positions on the ballot come as Number 5 or higher in any given race, including in the upcoming Presidential primaries. (If I'm Dean Logan today, I am praying that Bernie Sanders doesn't draw the fifth or later position on the March 3rd Democratic ballot!)

That matter is just one of several that Logan has either refused to speak to or has mislead on when I questioned him, or tried to, as I detail on today's program. But, given the noise we've caused over the past several days with this on The BradCast, Logan finally deigned to offer a Twittered response, excoriating our coverage of the certification testing failures. We share his misleading response in full on today's program, along with a number of the serious points that he either failed to respond to at all, or is attempting to mislead the public about in his tweeted answers. (For example, the fact that after a computer-marked ballot has been supposedly "verified" by the voter, it is sent back through the same printer path where it could be changed by the system with no way for the voter to ever know.)

Finally today, as if that's not enough blockbusters for you, Desi Doyen joins us for the latest Green News Report with our special coverage of Tuesday night's 2020 Democratic Presidential Debate in Des Moines, the last one before voting begins next month, and one in which our climate crisis, at long last, was front and center throughout much of the forum, happily enough...

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Guests: Heather Digby Parton of Salon; 'Driftglass' of 'Pro Left Podcast'...
By Brad Friedman on 1/15/2020 5:27pm PT  

On today's BradCast: Once again, our plans for Special Coverage of the latest Democratic Presidential Debate is somewhat truncated today to make room for our Special Coverage of impeachment and the new, wildly disturbing evidence released on Tuesday night to go with it. [Audio link to show follows summary below.]

We're joined today by guests HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo and fellow longtime progressive blogger "DRIFTGLASS" (otherwise known as @Mr_Electrico on Twitter, or "Bill" to a few friends), co-host of the Professional Left Podcast, which celebrates its 10th anniversary this week.

We start with coverage of House Speaker Nancy Pelosi's decision to finally transmit the two Articles of Impeachment against Donald John Trump, as approved by the House last year, over to the Senate for just the third Presidential impeachment trial in U.S. history. With the articles, on Wednesday, she also announced the selection of seven House members who will serve as prosecutors (known as House Managers) for the trial. They include House Intelligence Committee Chair Adam Schiff, House Judiciary Committee Chair Jerrold Nadler, and Reps. Hakeem Jeffries of NY, Sylvia Garcia of TX, Val Demings of FL, Jason Crow of CO and Zoe Lofgren of CA.

Moreover, we discuss the troubling new documentary evidence released late on Tuesday by the House Judiciary Committee from the phone of Lev Parnas, an associate of Trump's personal lawyer Rudy Giuliani. That material, among other things, reveals a bizarre and creepy 2019 text message thread between Parnas and Republican Connecticut Congressional candidate and Trump superfan, Robert H. Hyde, detailing what appears to be Hyde's surveillance of movements of then U.S. Ambassador to Ukraine Marie Yovanovitch.

The texts suggest the now-ousted Yovanovitch, who was eventually recalled for her own safety on the next available flight out of the country, may have been targeted, given the content of the conversation, including remarks such as "They are willing to help if we/you would like a price." Ambassador Yovanovitch, an anti-corruption warrior, was described by Trump in his phone conversation with Ukraine's President as "bad news", claiming "she's going to go through some things."

As if all of that is not enough for one show, we then move on to coverage and analysis of Tuesday night's debate in Des Moines, Iowa, the final Democratic Presidential debate before voting begins in earnest for the 2020 nominating cycle with the Iowa Caucuses on February 3rd. Digby and Driftglass offer insight on all of the candidates who qualified for the debate --- Joe Biden, Bernie Sanders, Elizabeth Warren, Pete Buttigieg, Amy Klobuchar and Tom Steyer --- and a number of topics discussed on Tuesday night, including the bubbling feud between Sanders and Warren, the many and shifting Democratic positions on the Military/Industrial Complex and our forever wars in the Middle East.

We also discuss the failures of the debate moderators from CNN and the Des Moines Register, the problem with culling down the field to just 6 candidates before a single vote has even been cast, and whether Tuesday's debate has shifted the fortunes of any of the front-runners before voting finally gets under way next month....

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Also: Fall out from yesterday's exclusive news on major security failures discovered in Los Angeles' new $300M voting system, and much more...
By Brad Friedman on 1/14/2020 5:58pm PT  

On today's BradCast, as we wait for the House to send Donald Trump's Articles of Impeachment to the Senate, and we wait for the Senate to begin his impeachment trial, and we wait for Tuesday's night final Democratic Presidential debate before the Iowa Caucuses, and we wait for primary voting to begin in earnest next month, the fight for voting rights and for the way voters will cast their votes has been long underway, and it cannot wait any longer. [Audio link to complete show is posted below summary.]

We've got several major court victories today in the fight for voting rights, and a follow-up to yesterday's exclusive revelations of the massive failures discovered in the new, 100% unverifiable touchscreen voting systems set for first-time use in the critical 2020 Presidential election cycle in Los Angeles County, the nation's largest voting jurisdiction.

First up today, a Wisconsin state courts of appeals panel has stepped in to put a freeze on the massive voter purge of some 200,000 voters, as demanded by a rightwing legal outfit and a state court judge who was apparently willing to do their bidding. A three-judge panel on Wisconsin's District 4 Court of Appeals put the brakes on Ozaukee County Circuit Court Judge Paul Malloy's order to immediately remove the voters and on his $250/day fine against each of the three Democratic appointees to the state's Elections Commission who oppose the purge.

The voters who failed to respond to a verification postcard sent by the Commission were disproportionately found to be located in the state's most Democratic-leaning jurisdictions. They had been initially set for removal from the rolls in 2021, until Wisconsin's so-called Institute for Law and Liberty filed suit and found a very friendly judge in Malloy. He recently ordered the immediate removal of the voters, despite opposition from both the Democratic Commissioners and the state's Democratic Attorney General Josh Kaul. The ruling by the appellate court to protect as many as 200,000 voters is key in a battleground state said to have been won by Trump by just 23,000 voters in 2016.

Today's decision in WI somewhat echoes a ruling by a federal judge in New York State late last week, who ordered that voters determined to be "inactive" due to a failure to respond to mailings or bad information from the U.S. Postal Service, must be listed in poll books on Election Day. A failure of so-called "inactive" voters to appear in poll books at state precincts led to chaos and disenfranchised voters during the 2016 election in New York.

During the course of last year's trial in this matter, it was revealed that both members of the State Board of Elections and New York City Board of Elections found that many voters on the "inactive" list should not have even been on the list in the first place. Federal District Court Judge Alison J. Nathan ruled that State Board of Elections' procedures were in violation of both the U.S. Constitution's 14th Amendment Equal Protection Clause and the National Voter Registration Act of 1993.

Then, we turn to some of the fall-out from the hornets nest we helped kick over on Monday's BradCast, when we detailed major security defects discovered by state certification testers in Los Angeles' new "Voting Solutions for All People" (or VSAP) voting system. The brand-new $300 million system, as we discussed in details on yesterday's program, is yet to be certified for use in California by Sec. of State Alex Padilla, but he is expected to sign off of it despite the massive failures discovered by the analysts that could put the 2020 elections in jeopardy in the nation's largest voting jurisdiction, thanks to the completely unverifiable and highly flawed new touchscreen voting systems.

Today, we share some of the responses we've received following yesterday's blockbuster show and some of the public comments sent by listeners to the Sec. of State seeking rejection of the new system in favor of hand-marked paper ballots for all voters. Letters must be sent to VotingSystems@sos.ca.gov before the Public Comment period for certification ends this Monday, January 20, at 5pm Pacific Time!

Finally, we're joined by Desi Doyen for the latest Green News Report, with some news on a family feud and potential climate change shake-up at Rupert Murdoch's Newscorp in the wake of the devastating Australian bushfires that have ravaged the country for weeks; new details on the extraordinary costs of our climate crisis; and the weekly arrests of climate action champion Jane Fonda...

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Guest: National security law expert Karen J. Greenberg; Also: McConnell says has votes to begin fixed impeachment trial; 'GNR' returns for 2020!...
By Brad Friedman on 1/7/2020 5:50pm PT  

On today's BradCast, the world remains on edge in the wake of Donald Trump's targeted assassination of Iran's top military general Qassem Soleimani. [Audio link to show is posted at bottom of summary.]

At least 56 mourners reportedly died during a stampede at funeral processions for the revered figured in Iran, were millions turned out to show their respects and to vow revenge against the U.S. Meanwhile, U.S. customs and border officials were reportedly detaining Iranian-American citizens for extended questioning as they re-entered the country; Trump's Secretaries of Defense and State each tried to walk back Trump's twice-threatened war crimes against Iran, should they dare to retaliate; And both Secretaries along with the White House continued to claim, without evidence, that an "imminent attack" that would have killed "hundreds" of Americans was prevented by the killing and served to justify the targeted drone strike against Soleimani and several Iraqi officials; Republican Senate Leader Mitch McConnell claimed to have the votes necessary to move Donald Trump's impeachment trial forward in the U.S. Senate (which Trump had clearly hoped to distract from with his attack on Iran) without allowing for either first-hand witnesses or subpoenaed White House documents to be presented as evidence; and the Foreign Minister of Iran described the assassination of Soleimani as "state terrorism" and President Trump as "lawless".

On that last point, and many related, we are joined today by KAREN J. GREENBERG, Director of the Center on National Security at Fordham University School of Law and the author of Rogue Justice: The Making of the Security State. Professor Greenberg, an expert on national security, terrorism, and civil liberties, detailed in a New York Times op-ed today headlined "Killing Qassim Suleimani Was Illegal. And Predictable.," how American Presidents have been expanding their own executive authority for "targeted killings" and assassination since the post-Watergate Church Committee in the Senate called for reforms to ban such activity by the Executive Branch in 1975. President Gerald Ford, in 1976, issued an Executive Order to ban all political assassinations by the U.S.

Over the years since, however, as Greenberg documents, Presidents from Ronald Reagan to Bill Clinton to George W. Bush to Barack Obama have each stretched the definitions of what amounts to an allowable "targeted killing" under certain restricted circumstances in order to prevent an "imminent attack". And while such killings eventually numbered in the hundreds under Obama (and included at least one U.S. citizen, albeit in a different country), Greenberg explains that no President, until Donald Trump, has broadened the definitions to include an out-and-out assassination of a state official, much less one as highly revered as Soleimani in Iran.

"President Obama attempted to expand the authority for targeted killing, excepting it from the category 'assassination', and giving many reasons --- including international law reasons --- for why this would be lawful. And tying it, however, to the War on Terror, which in a way, puts it in a different scenario than what we're now seeing. Because what we've seen this week is a successful attempt to attack a leading member of a sovereign state," Greenberg tells me. "It distinguishes in many ways from what the Obama Administration had done. But what the Obama Administration did was to open the window for that. They did it because they wanted to expand the targeted killing program of George [W.] Bush. Obama said it would cause less trouble, less reprisal on the ground, and therefore less violence against American troops. And they thought it would work in cases where they couldn't capture somebody who they thought was being tremendously detrimental to the United States."

The authority he and other Presidents granted to themselves, however, "essentially bypasses the idea of laws that restrain" and "comes down to 'trust me' government", in that the public must rely on classified evidence by the Intelligence Community --- and, hopefully, its review by members of Congress --- as legal justification for the actions. But Trump, she explains, while previously dismissing the assessments of the intelligence community as dishonest "Deep State" actors, is now citing what he claims to be their evidence and asking us to trust it.

The result of all of this is what Greenberg describes as "a lack of foresight to put in place policies, by any President or any administration that, should it get into the wrong hands, can prove truly dangerous. We've now crossed that threshold." She goes on to note that "The basic bottom line is this is not something that the United States has supported or allowed since the Church Committee" in 1975.

We discuss how Ford's Executive Order, the War Powers Act of 1973 (meant to constrain Presidents from acts of war without approval by Congress), and the Authorizations for Use of Military Force adopted by Congress after 9/11 and again before our invasion of Iraq, have all now been stretched to the point of near meaningless. At the same time, the U.S. has also pushed the boundaries of Geneva Convention restrictions against war crimes to fit its defensive/aggressive needs of the moment, with as little enforcement by international agencies as Congress has brought against U.S. Presidents from both major parties at home for violations of domestic laws and Constitutional mandates.

There is quite a bit in this conversation that can't adequately be summarized here, so I hope you'll tune in for much more.

Finally, Desi Doyen joins us for our first Green News Report of the new year, which, sadly, picks up with the continuing, record, devastating Australian wildfires which also led our last GNR of the year in 2019, some two and a half weeks ago...

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Trump chooses deadly confrontation with Iran to distract from his impeachment, callers ring in on it; Also: Bolton willing to testify in Senate 'if subpoenaed'; A voter registration heads-up for California!...
By Brad Friedman on 1/6/2020 5:56pm PT  

We're back on today's BradCast after a much needed holiday break! (Thanks to the great Nicole Sandler for helping us to sneak in some down time!) Sadly, things are much worse --- and more dangerous --- now than they were before the end of the new year, thanks to Donald Trump's targeted assassination of Iran's Major General Qassem Soleimani, placing the U.S. --- and the world --- on the brink of yet another potential war. [Audio link to complete show is posted below.]

The Germans were right last year. Donald Trump is the greatest threat to world peace. Far greater than Kim Jong Un, Vladimir Putin, or Iran's Ayatollah. By far.

The bulk of today's program is devoted to developments and fall-out since Trump's ill-considered attack on Soleimani late last week --- including the tens of millions of Iranians who Trump helped unify to turn out for Soleimani's funeral processions; Trump's threat of war crimes against Iran should they dare to retaliate against what is likely already a war crime; Iran's declaration that the 2015 anti-nuclear agreement which Trump pulled the U.S. out of is now all but dead; Iraq's Parliamentary resolution to throw all U.S. forces out of the country, and Trump threat of sanctions against them if they do; Trump's 2011 (and 2012 and 2013) false predictions that Obama would start a war on Iran to win reelection "because of his inability to negotiate properly"; and calls from listeners on all of the above.

Of course, the real reason Trump decided to kill Soleimani is almost certainly to distract from his end of year impeachment and upcoming trial in the U.S. Senate. On that front, we covered former National Security Advisor John Bolton's announcement today that he would testify as a witness in the trial, if subpoenaed by the Senate (which Mitch McConnell and Senate Republicans are still blocking, along with all first-hand eye witnesses requested by Democrats).

And also, a few heads-ups regarding voter registration in California (and elsewhere) in advance of March 3rd's Super Tuesday Presidential primaries. If you live in California, and are registered as a "No Party Preference" voter, you will either have to request a Democratic, Libertarian or American Independent Presidential ballot, or register yourself as a Republican, Green Party or Peace and Freedom Party member if you wish to vote in one of their primaries. Otherwise, in California, if you are a permanent Vote-by-Mail voter, you will receive a ballot in the mail without any Presidential options. Tune in to today's show for more details on that and what you need to do about it....very soon! (At least if you wish to avoid voting on 100% unverifiable touchscreens here in Los Angeles County and elsewhere on Primary Election Day!)

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