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

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

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

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

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

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

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

Desi and I are back on today's BradCast, after an unscheduled month-long hiatus as my otherwise very healthy 80-year old dad suffered a sudden and major stroke in mid-September before ultimately passing away a few weeks later. [That's him on the left with me in the photo. Audio for today's program is posted below.]

We share a few memories of Harvey Friedman at the top of today's show (there are many more here) and a couple of very important lessons learned both before and after his death that will almost certainly be of use to you and your family! The two booklets I mentioned on air today are Five Wishes (available via AgingWithDignity.org) and the Advance Health Care Directive (available via PrepareForYourCare.org). Both are likely to be wildly helpul to your family, should you or they find themselves in a similar situation. Please consider clicking on those links when you find some time.

Then, we're joined by the great NICOLE SANDLER of The Nicole Sandler Show who filled in for us, with absolutely no notice, over the past month (with some occasional help from Angie Coiro along the way) even as she did her own show as well nearly every damned day! Desi and I cannot thank her enough. Though we try to today.

Since Nicole filled in for us during what was clearly a very very slow news month, she gets us caught up on what we missed while we were "gone", from the Impeachment process now under way in the House in response to Trump's strong-arming of the Ukrainian President for (apparently false) dirt on Joe Biden and the 2016 election; to Trump's disturbing sudden withdraw of U.S. troops in the Kurdish-controlled areas of northern Syria (and the death and chaos and escaped ISIS detainees and new deal cut between our previously-allied and now-abandoned Kurds and the Russian-supported Syrians in its wake); to the corporate media still falling for Trump's B.S. on everything from his "new impeachment attorney", former Rep. Trey Gowdy (who doesn't appear to have been hired after all) to his new trade deal with China (which may not be a deal after all); to the latest in the 2020 race for the Democratic Presidential nomination.

After a month off the grid, we're wading gently back in today and this week with a little help from our friends. My thanks to so many of you for your kind words while we were gone, and our thanks to all of our listeners and affiliate stations for tolerating our unexpected and unprecedented absence! Hope you'll enjoy today's program as we gently get back into the swing of things...

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On today's BradCast, let's join the President and pretend that he's been victorious once again! Or, let's discuss the reality of the havoc being wrought by both him and the party that supports him as they go even farther off the deep-end and hope to take everybody else with them. [Audio link to show is posted below.]

Among the stories covered on today's broadcast, as we continue to counter the madness with actual, independently verifiable facts...

• Trump wreaks absolute havoc at the NATO summit in Brussels, makes ridiculous demands that lead to an emergency meeting of our allies, and then declares he's fixed it all. He hasn't. But, let's pretend, as he claimed, that NATO is now a "fine-tuned machine". (Does that claim ring a bell?) We offer a fact-check on Trump's actual ridiculous claims and the realities behind them;

• Back at home, Trump-fueled chaos similarly breaks out at a joint hearing of the U.S. House Oversight and Judiciary Committees during public testimony by longtime top FBI counter-intelligence official Peter Strzok, whose private text messages to his girlfriend, another FBI agent, have been cause for Trump, the GOP and rightwing media to pretend that Special Counsel Robert Mueller's investigation was somehow part of a long "deep state" plot by the FBI to prevent Trump from being elected. Except he was elected. (Some plot!) And Mueller's probe has since resulted in dozens of indictments and guilty pleas from many top Trump campaign and White House officials. But we can keep pretending; In some remarkable audio from the insane hearing in the House today today, Strzok strikes back and helps reveal the Republican House witch-hunt against the Special Counsel for much of what it really is.

• Speaking of reality, new data out from the U.S. Bureau of Labor Statistics and elsewhere reveals that not only have the Trump/GOP tax cuts from last December not resulted in increased pay for the "forgotten men and women" of the middle-class, as they'd promised, but workers are now actually making less than they did before the massive, deficit-blowing cuts which have resulted only in record profits for corporations and the already-wealthy;

• Listeners offer response to our recent coverage of Trump's SCOTUS nominee Brett Kavanaugh and Democrats', so far, tepid plan to block his confirmation. (Constitutional quorum call, anyone?);

• And, finally, Desi Doyen joins us for the latest Green News Report with more on the existential threat Kavanaugh's seating poses to the environment, how a major oil company CEO is calling for a speed-up of the transition to electric vehicles, and how a world full of poo just might save itself...

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On today's BradCast: We have a lot to catch up from over the weekend, and callers with lots of opinions to go with it. [Audio link to show follows below.]

But, first up today, both a Republican federal court panel and the U.S. Supreme Court both rejected Pennsylvania Republican lawmaker's last ditch attempt to block a new U.S. House map forced upon them by the state Supreme Court in February after the previous map enacted in 2011 was determined to be an unlawful partisan gerrymander in violation of the state's Constitution. Those were the last chances for the state GOP to restore the unlawful maps --- which had given them a 13 to 5 advantage in U.S. House seats over the past three elections --- before the candidate filing deadline for the 2018 primary elections in the largely 50/50 swing-state.

At the same time, voters head to the polls in Illinois on Tuesday for the second primary of the crucial 2018 mid-terms. Among the contested races is a primary challenge by progressive Marie Newman to longtime, very right-wing Democratic Rep. Dan Lipinski in IL's 3rd Congressional district. The race is said to be statistically tied, as Lipinski fights for his political life, and as the winner of Tuesday's primary in the very "blue" area of Chicago will likely go on to win in November, since the GOP, literally, has only a proud neo-Nazi running on the ballot for the Republican nomination.

But concerns about Illinois' computerized voting, tabulation and registration system continue to haunt officials and undermine democracy and voter confidence --- justifiably. The state's voter registration system was breached during the 2016 election, and remains wildly vulnerable along with the state's voting and tabulation systems. Despite purported concerns of "Russian interference", little has changed in any of our nation's easily hacked, oft-failed electoral systems following the 2016 election.

Then: On last Friday's show, we noted that nobody in the Trump Admin had yet been fired that day. But, shortly after airtime, FBI Deputy Director and former Acting Director Andrew McCabe was fired just two days shy of receiving his lifetime pension after 21 years of service to the Bureau.

We discuss the reasons he was said to have been fired and the fact that Attorney General Jeff Sessions (who officially fired him) was supposed to have recused himself from the matter. Nonetheless, Donald Trump rejoiced at the news via Twitter --- since McCabe is a witness against Trump's apparent attempted obstruction of justice in the firing of FBI Director James Comey --- before turning his wrath back against Comey and, for the first time on Twitter, Special Counsel Robert Mueller.

Is a newly emboldened Trump preparing again to fire Mueller? If he does, will Congressional Republicans do anything to block him? And what, for that matter, will the American people do --- if anything --- in response to what many (over-confidently) believe would be a Constitutional crisis? We open the phone lines to talk about all of that and much more on today's BradCast!...

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On today's BradCast, the Super Bowl victory for the Philadelphia Eagles on Sunday was fantastic, but the victory for all of Pennsylvania (and, indeed, voters across the entire nation) on Monday was even better! [Audio link to show follows below.]

U.S. Supreme Court Justice Samuel Alito rejected Pennsylvania Republicans' request to block, overturn, deny, or delay the state Supreme Court's recent order to redraw all U.S. House districts in the key swing-state immediately and in time for the upcoming 2018 mid-term elections. The state's highest court found two weeks ago that the GOP-controlled state legislature had unlawfully gerrymandered the Keystone State's U.S. House maps following the 2010 census in such a way that the GOP ended up with 13 seats to the Democrats' 5, despite Democratic registration and voting far out-pacing Republicans statewide.

The PA GOP's request for SCOTUS to intercede in a state constitutional matter was denied on Monday. That is also very good news for the country, as discussed on today's show.

But the SCOTUS decision has yet to stop the state GOP from refusing to follow state court orders on the matter. Moreover, while the state GOP is demanding that its state Supremes overturn their own ruling, new reporting over the weekend reveals that a Republican state Supreme Court Justices who voted against the order to redraw U.S. House district maps, received several undisclosed donations --- including a huge one from the state Senate President Pro Tempore, as well as from two Republican U.S. House members effected by the ruling --- when she ran for a 10-year term last year. The donations were given to her after the challenge in the gerrymandering case had already been filed, yet her campaign now admits she failed to disclose those donations until they were revealed over the weekend.

Then, we move on to a number of late developments in the failing attempt by the chair of the U.S. House Intelligence Committee, Rep. Devin Nunes (R-CA), to undermine Special Counsel Robert Mueller's investigation of Team Trump, by using specious claims about the self-generated GOP House Intel Committee memo released on Friday. Both Nunes and Trump (and other Republicans) had claimed the memo supposedly reveals some sort of partisan bias in the FBI/DoJ and now Special Counsel probe. One GOPer even went so far as to claim the memo revealed "evidence of treason". (It doesn't. Not by a long shot.)

In fact, as we detail today, even statements by other Republican members on the same committee --- including Trey "Benghazi" Gowdy --- over the weekend, seriously undermine the claims made by Nunes and Trump himself over the weekend and again on Monday.

And, as we detailed at length on Friday's show, Nunes --- who now claims that former Trump Campaign advisor and suspected Russian intelligence asset Carter Page's rights were somehow violated by the procedure used by the FBI to obtain a warrant to eavesdrop on his communications --- showed no such concerns about the FISA law used to obtain that warrant when he voted in favor of extending it and expanding it for 6 more years just weeks ago. Trump also signed that extension.

Oh, and the Dow had its worse day since 2011 and largest all-time point drop today.

Finally, we open the phone lines to take listener calls on all of the day's hypocrisy and much more on today's BradCast!...

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On today's BradCast, we try to make sense (wish us luck!) of Donald Trump's first, anything-but-normal State of the Union Address on Tuesday night. [Audio link to show follows below.]

After some quick news headlines --- (on another top Trump official resigning in shame, another senior Republican Congressman announcing he won't run for reelection, a Democratic Senator avoiding a second corruption trial, and a literal GOP train-wreck) --- we dive into our special coverage of what used to be a solemn and largely serious U.S. tradition.

We're joined today for commentary, fact-checking and other post-SOTU analysis by DAVE JOHNSON, longtime blogger, creator of "Seeing the Forest", and former Senior Fellow at Campaign for America's Future, and TARA DEVLIN, comedian, creator of RDTDaily.com and host of the weekly, TaraBuster podcast.

Desi Doyen joins us as well, of course, to help break down and fact-check Trump's misleading claims and outright SOTU lies on the economy, tax cuts, healthcare, immigration, drug prices, dangerous "national security" plans, his deceptive infrastructure proposal, his racist dog-whistles and shameless attempts at fear-mongering the American people during Tuesday night's joint session of Congress.

We also review just some of the things that Trump didn't mention in his speech for some reason (America's deadly gun epidemic and climate change, among others), whether Democrats will be able to counter the coming tsunami of GOP propaganda in advance of the 2018 midterms, and how Rep. Joe Kennedy, III performed in his Democratic Response to Trump's address.

"It's another flim-flam plan from the greatest con-man who ever lived," explains Devlin about at least one of the items mentioned above. "That's going to be one of those things that in a few months Trump is going to deny he said. It ain't gonna happen. The opposite is going to happen," says Johnson about another one of those items. Take your pick. But tune in for our special coverage on a very lively show amid very dark times!...

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On today's BradCast, good-ish news on several fronts. But only good-ish. That said, we'll take what we can get these days. [Audio link to complete show is posted below.]

First up: Hackers have been stealing thousands of credit card numbers and social security numbers from Donald Trump's hotels for months. Years, actually. But, other than that, no need to worry about his ability to oversee our nation's cybersecurity. (Or, for that matter, the security of private voter registration data his so-called "Election Integrity Commission" has requested from all 50 states.)

In related-ish news, Trump is reportedly furious in the wake of Donald Trump Jr.'s recently revealed meeting with a Russian attorney who promised dirt on Hillary Clinton during the campaign last year. But, he's not mad at Trump Jr., he's mad at the media for reporting it, apparently, and at dozens and dozens of sources inside his own White House and otherwise close to him, who keep leaking these sorts of things to the press.

In turn, even Congressional Republicans (including folks like Rep. Trey "Benghazi" Gowdy) are growing increasingly furious at the Administration, as their legislative agenda continues to be sidetracked by the ever-growing turmoil of the seemingly hapless Team Trump.

Nonetheless, Senate Republicans say they are planning to unveil the newest version of their health care repeal on Thursday, with a vote planned for early next week. The good-ish news is that they've reportedly removed some of the huge tax cuts to the wealthy from the bill in hopes of winning enough GOPers for approval in the chamber. But the huge cuts to Medicaid are said to still be in the legislation, which means it may still have the same problem finding 50 votes for passage in the Senate.

All of that, even as a new study finds that the Affordable Care Act ("ObamaCare"), which Republicans hope to dismantle, isn't in the "death spiral" Republicans and Trump continue to pretend it is. In fact, the study finds the landmark health care law is having its best year yet, and is actually more healthy and profitable than ever, despite continuing attempts by the GOP and White House attempts to undermine it.

Finally today, some more good-ish news as the federal Consumer Financial Protection Bureau (CFPB), created in response to the 2007 global banking crisis, has finally enacted a new rule to curb fine-print "arbitration clauses" in contracts that prevent customers from being able to sue banks and credit card companies who are ripping them off.

Public Citizen's Vice President of Legislative Affairs, LISA GILBERT, joins us today to explain the good-ish news, and the Republicans' plan to undermine it all together as soon as humanly possible.

"We call them 'rip-off clauses' because that is exactly what they do. Many people sign contracts without reading the tiny fine print --- we would say most --- and in those contracts, whether it's with a financial institution, whether it's a credit card, whether it's a cell phone contract, people are foreclosed on the right to sue a company if it wrongs them," Gilbert explains. "If they can't sue, they are instead forced into arbitration. It's a kangaroo court set up. It's something the corporation itself funds and pays for, so you can imagine, it is biased in their direction. Few people ever go to it at all, but when they do, they tend to lose. So it's a way for corporations to get out of jail free if they rip off their customers."

After a 5-year process, the CFPB has finally enacted the regulation as called for by the Dodd-Frank Act. So, naturally, Republicans already have several plans in place to kill it. Unless you stop them...

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On today's BradCast, we do our best to surf today's news tsunami, with a focus on a few troubling and under-appreciated stories amid the political flood pouring out of Washington and around the world in the wake of the DoJ's appointment of Special Counsel Robert Mueller.

Among the huge number of quickly moving and/or under-covered stories pieced together on today's show...

• CA Assembly bill calls for Donald Trump's impeachment;
• U.S. launches new airstrike on Syrian forces (despite Congressional failure to authorize attacks on a sovereign nation, which could result in war with Russia);
• Michael Flynn blocked President Obama's planned offensive against ISIS, which was opposed by Flynn's secret client Turkey;
• Trump Team was told of FBI investigation of Flynn long before inauguration;
• VP Mike Pence, head of Trump Transition, still claims he knew nothing about Flynn's ties to foreign nations;
• Suspicion grows over Team Trump attorney, White House counsel Don McGahn;
• Senate Intel Chair offers two different stories on Flynn subpoenas;
• House Oversight Chair announces he's quitting Congress next month;
• Mueller's appointment receives mostly bipartisan support, as....;
• ...White House turns 'chaotically dark', cancels Kellyanne Conway appearance on Fox 'News', before...
• Trump turns against appointment of Mueller to describe it as 'unprecedented witch hunt', which 'divides the country', even as he begins to separate himself from 'Russia collusion' and prepares to throw campaign team under the bus;
• Finally, Desi Doyen joins us for the latest Green News Report with, among other things, a citizen call to action to save National Monuments set for possible repeal by the Trump Administration...

I wish our countries had "scandals" like this one instead...

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