Before my head explodes on today's BradCast while speaking with our guest about the latest ruling from the Federal Elections Commission (FEC) on foreign money in American elections, we open with some seemingly better news --- and then close later with some definitely better news. [Audio link to show is posted below this summary.]

First up, three noteworthy points came out of the COP26 U.N. climate summit in Glasgow on Wednesday, even if all three points are still somewhat vague and it remains to be seen if all 196 participating nations can unanimously (as required) come to an agreement by the end of this week's conference to cut enough global warming-causing emissions to save humanity. Is that too much to ask?

The three noteworthy points which we discuss, and quickly explain why they are so noteworthy, regard 1) a draft text [PDF] of a final agreement for COP26 (which could change before all is said and done), that actually mentions the need to phase out coal and subsidies for fossil fuels. Though that would seem obvious, it would actually be a landmark statement. 2) A pledge was announced between six major automakers (including Ford and GM!) and 30 national governments to phase out the sale of all new internal combustion vehicles worldwide by 2040 and in "leading markets" by 2035. And 3) A "surprise joint announcement" from the U.S. and China to work together to slow global warming in this decade (including reductions of emissions from both methane and coal!) and to ensure the Glasgow conference ends in success. All three points are actually big news, even if each comes with some vagaries and caveats and, in and of themselves, are nowhere near enough to save us. But all three are important and even landmark early steps toward that end, for reasons we discuss.

Next up, the FEC has affirmed that it's perfectly legal under federal law for foreign countries to spend as much as they like on American ballot referenda, at least in states that don't have laws outlawing it. Their recent 4 to 2 ruling comes from a 2018 Montana complaint where a Canadian subsidiary of an Australian firm had spent money to back a ballot measure placing new restrictions on hard rock mining in the state. It also comes on the heels of a ballot proposition last week in Maine where a record $89 million was spent on campaigns for and against a ballot initiative to halt a $1 billion cross-border corridor for a high-impact, clean electricity transmission line to bring power to the state generated by a Quebec-owned hydro-power company.

The FEC ruling allows unlimited millions from foreign individuals, companies and nations to be dumped into American ballot campaigns. We're joined today to discuss this seemingly mind-blowing FEC ruling by BRENDAN FISCHER, Director of the Federal Reform Program at the nonpartisan Campaign Legal Center in Washington D.C. He explains the gaping loophole in the Federal Election Campaign Act (FECA) that bars foreign money in American candidate elections, but not, apparently, on ballot referenda and propositions, which the FEC says federal law does not consider to be an "election"!

While objectionable and a "kind of insane outcome" to the Montana case, according to Fischer, "this is not a totally crazy or unfounded interpretation" of the federal statute. In this case, it was, in fact, the Democratic Chair of the FEC who voted with all three Republicans on the Commission. Moreover, Fischer says, in Maine, there had been a bipartisan bill adopted by the state legislature to ban foreign money in ballot initiative campaigns, which was ultimately vetoed by the state's Democratic Governor. "That was really controversial in Maine," Fischer explains, "and voters, both Republican and Democrat, were unhappy about it."

He notes that elected officials from both parties in Congress have expressed concern about this problem with FECA and have put forward legislation to fix it. "There's a surprising amount of bipartisan support for plugging this loophole," Fischer tells me. "It also should be noted that the Freedom To Vote Act --- the big voting rights and campaign finance reform bill, supported by Joe Manchin --- also includes a provision that would extend the foreign national prohibition to state and local ballot measures."

Fischer also rings in today on the scathing report [PDF] issued this week by the U.S. Office of Special Counsel, led by a Republican Trump-appointee, finding that more than a dozen top Trump Administration officials --- often repeatedly and knowingly --- violated the Hatch Act's ban on federal employees using their office to campaign for candidates (specifically for Trump) in the run-up to the 2020 election. While top Trump officials, including Sec. of State Mike Pompeo, violated the decades-old Act, the punishment for doing so --- at least for political appointees, if not career federal employees --- is left up to the discretion of the sitting President. Thus, naturally, under our disgraced former President, none of the thirteen who violated the Act faced any consequences from the federal law. Fischer offers his thoughts on whether the Hatch Act, like FECA, can or should be reformed by this Congress.

Finally, Tuesday night offered some actual bad news for that disgraced former President, as a federal judge rejected his attempt to block to the release of January 6-related White House documents subpoenaed by the U.S. House Select Committee investigating the Trump-incited insurrection at the U.S. Capitol. U.S. District Judge Tanya Chutkan thoroughly shut down Trump's claims that Executive Privilege "exists in perpetuity" for him and that he otherwise faces irreparable harm if the National Archives releases the subpoenaed documents as scheduled this Friday. Chutkan's scathing 39-page ruling confirms the well-established principle that only a SITTING President has the power to exercise Executive Privilege to block the release of documents and that "Presidents are not kings, and Plaintiff is not President.”

Ouch. Trump's attorneys have, naturally, vowed to appeal. But the ruling is also very bad news for his disgraced former advisor Steve Bannon, who is facing a criminal Contempt of Congress charge referred to the Dept. of Justice by the U.S. House after his refusal to answer a lawful subpoena from the Select Committee. His basis for refusing to do so was that Trump told him his own documents and testimony were exempt under Executive Privilege. They aren't, because the former President has no such privilege. Neither are the documents and testimony of dozens of others subpoenaed by the Committee, all of whom, like Bannon, could be facing a year in prison for defying lawful Congressional subpoenas. As you know, this story will continue to develop in the days ahead...

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The walls are closing in very quickly now --- even throughout our hour today --- on the man who President-elect Joe Biden correctly, if generously, described today as "not fit to serve" and "one of the most incompetent Presidents in the history of the United States of America." As we go to air, Donald Trump is still in office. We can't tell you for certain if that will still be the case by the time you hear today's BradCast. [Audio link is posted at bottom of article.]

On Thursday night, U.S. Capitol Police officer Brian Sicknick succumbed to injuries sustained during the attempted coup at the Capitol on Wednesday, as incited by Trump. He was the fifth person to have died amid the mayhem wrought by our outgoing criminal President. Sicknick's death, which Trump didn't bother to mention today, may add yet another crime --- conspiracy to incite murder or manslaughter --- to Trump's quickly growing rap-sheet.

On Friday morning, House Speaker Nancy Pelosi issued an ultimatum. Either Trump resigns now or new Articles of Impeachment will be filed on Monday. That, as the Administration rats continue to flee his sinking ship, with more resignations and the welcome news that sore loser Trump will not attend Biden's inauguration and plans to leave D.C. as of the day before. "Good riddance," we say, in echoing the two word statement issued by the American Federation of Teachers last night upon the news that Education Secretary Betsy DeVos was also quitting (though only after four convicted murderers and war criminals who worked for her brother received Presidential Pardons.)

More on Trump's growing legal perils and calls for accountability with my guest today, but first a few words on the news that Dominion Voting Systems has filed a $1.3 billion lawsuit against Team Trump attorney  and his fellow perpetual liar and con-artist Sidney Powell. The private voting systems vendor charges Powell led a campaign to spread "wild" and "demonstrably false" claims about the company, including lies about their voting systems being developed with communist money in Venezuela by the late Hugo Chavez and, with the help of George Soros and China and Cuba, being used to steal the election for Biden.

(Her absurd Venezuela/Chavez claims are bastardized and re-imagined versions of my detailed, accurate, exclusive investigative reporting at The BRAD BLOG from approximately 2008 to 2010. And, while I've been wildly critical for many years of Dominion's unverifiable voting systems, as deployed by Georgia's Republican Sec. of State, there is nothing to support Powell's fantastical claims, including her evidence-free assertions that the state's SoS and Governor received kickbacks from the company to deploy their machines in the Peach State, for the first time, in 2020.)

Dominion, which previously warned they were likely to sue for slander and defamation if Powell did not retract her false claims (she refused and "doubled down" instead, according to the 124-page complaint [PDF]), also has sent similar warnings to other Team Trump liars such as Rudy Giuliani, Fox "News", Newsmax and One America News. They suggest they may even sue Trump himself. We'll hope they do, even if I'm called to testify by the private election vendor which should have no place in our public election system.

But, for now, according to our guest today, Constitutional expert and former federal prosecutor BEN CLEMENTS, Board Chair and Senior Legal Advisor of the non-partisan government accountability group, Free Speech for People (FSFP), it's accountability for the "seditious" President of the United States that is of the greatest immediate concern.

Clements, along with FSFP's  John Bonifaz and Ron Fein, filed an op-ed in the Boston Globe on Tuesday --- the day before the Trump-instigated insurrection at the Capitol on Wednesday --- calling for Trump to be immediately impeached for a second time.

"At the time we wrote the op-ed, we were only dealing with the first major set of felonies that the President committed this week, in the effort to falsify the Georgia election results in his favor," he tells me today, referring to last Saturday's phone call by the President to GA's Sec. of State, cajoling and threatening him to "find" enough votes to steal the election for him there. (Yes! That was just this past week as well!) "At this point, we obviously have a second set of felonies in connection with his incitement of a seditious mob on Congress, which creates an even greater urgency."

But the reason Clements is calling for a second impeachment this late in Trump's term is because, as he explains: "There is really, for the most part, only one sure way to ensure that Donald Trump is not permitted to again run for office in this country...And that way is through the impeachment power.   If the Senate convicts, an official can be removed, but they can also be disqualified from ever holding federal office again. Aside from removal, which is now needed more urgently than ever, there is the need to disqualify him, to prevent him from running in 2024, or from running for anything else at any time in the federal government."

With just 12 days left before Biden's Inauguration, is there even enough time for such a proceeding?  As Clements, who authored a book with Bonifaz and Fein called The Constitution Demands It: The Case for the Impeachment of Donald Trump, details that impeachment and a Senate trial can happen even after an official is out of office. Indeed, as he (and his op-ed) recounts, there is even historical precedent for it.

We also discuss whether the Constitution allows for a Presidential self-pardon, whether Trump will try to execute one, whether lawful or not, and as FSFP called for yesterday, the need for Joe Biden's Attorney General-designate, Judge Merrick Garland, to immediately empanel an independent task force, once confirmed, to coordinate and investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."  Clements argues that, without public pressure, Democratic Administrations have had a tendency in the past, when taking office "after a corrupt and sometimes lawless Republican administration" to make a "a quick call to 'turn the page.'"

"We are hearing those calls broadly already," he says. But "if we really want to move forward, if we really want to restore the integrity of the Department of Justice, there must be accountability for the crimes of this Administration and particularly of Donald Trump. And there must be accountability for the destruction that he created to our democracy and to the Department of Justice. The reason we're calling for this is there is a risk that there will be this temptation to say 'he's out of office and let's move on.' And I think that would be a GRAVE mistake that will invite more lawless activity, that will invite more of the kind of activity that we saw on Wednesday with the attack on the Capitol."

As we chatted, news came in that Alaska's Republican Senator, Lisa Murkowski, is now calling for Trump to resign, declaring "I want him out" and threatening to leave her party if they continue to align with him. And Twitter finally did the right thing (years belatedly) by permanently banning Trump, citing the risk of further incitement of violence.

It's going to be a very dark weekend for Trump. But, for us, we close a dark week today with a long overdue, brand new and hilarious parody tune for the seditious moment, from the great Randy Rainbow! Enjoy!...

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So, yeah, I'm a bit grumpy on today's BradCast. When you listen, you'll get an idea why. [Audio link to full show is posted below.]

For one, I'm actually forced to defend a voting machine company. That could be a first in my nearly two decades of investigative reporting on Election Integrity and the woeful private voting system vendors who have been allowed to take over our public elections with their crappy, over-priced, often-unverifiable, easily-manipulated hardware and software. In this case, however, the claims made against one such company --- based on a twisted, bastardized re-imagining of my otherwise accurate and independently verifiable deep-dive reporting from more than a decade ago --- by sore-loser Donald Trump's dishonest attorneys and media stooges, need to be pushed back against, lest they further Trump's goal of undermining the United States' Constitutional republican democracy entirely.

Lawsuits may be coming in this case, warns Smartmatic's CEO, after the firm has been falsely blamed for stealing the election for Joe Biden in states where they do not even do business. (Their only contract in the U.S. is here in Los Angeles County. But that hasn't stopped Team Trump and the MAGA Mob from conflating them with a completely separate company, a competitor named Dominion Voting Systems, which has also been falsely blamed for stealing the election in jurisdictions where they do no business either.)

The bullshit, evidence-free claims of fraud continue from the deranged President and his pathetic team of desperate sycophants nonetheless. The latest nonsense comes via a so-called "forensic audit" by a so-called "military intelligence" outfit named Allied Security Operations Groups (or ASOG) which clearly knows nothing about voting systems or even election law. At least if you believe actual independent voting system and cybersecurity experts who examined their absurd, evidence-free allegations of "ELECTION FRAUD!"

Republicans in Congress clearly do not believe such experts, as GOP Senator Ron Johnson of Wisconsin held a ridiculous hearing on phony 2020 election fraud conspiracy claims in the U.S. Senate Government Affairs Committee today, no matter the lack of evidence for any such fraud. That, as more than 300,000 Americans --- more than the number of those killed during combat in all of World War II --- have now died from COVID-19 over the past nine months. Johnson and the rest of his caucus continue to largely ignore the deadly scourge while Americans are out of work by the tens of millions and about to be tossed from their homes amid the worst pandemic in a century. Both myself --- and Sen. Tom Carper (D-DE) --- have a word or two about all of that shamefulness as well today.

Meanwhile, actual voter fraud criminal Donald Trump, is coming under legal scrutiny again for the fact that he is unlawfully registered to vote in Florida at a non-legal voting domicile (Mar-a-Lago, a commercial club, as Trump agreed back in 1993 when the town of Palm Beach allowed him to convert the once-private residence into a business). He went on to unlawfully vote twice this past year --- one by mail and one in-person --- using that non-legal "residence" as his voting address. All three acts are felonies by the President of the United States under state law in Florida, though its corrupt Governor Ron DeSantis, a Trump sycophant himself, doesn't appear to give a damn. Laws --- including election laws --- apparently do not apply to Republicans, especially if they happen to be sore-loser Presidents offering bullshit claims about election fraud in hopes of bringing down American democracy. But, as the neighbors to Mar-a-Lago are now warning, Trump will not be welcome to take residence, lawfully or otherwise, after his Presidency mercifully ends in historic failure next month.

Finally, Desi Doyen joins us for our latest Green News Report with the U.S. on the verge of breaking another record for billion-dollar climate-related disasters in a single year; insurance companies cancelling homeowner policies in California amid record wildfires; and as the U.N. warns yet again that the world must pick up the pace in order to slow the very worst effects of deadly global warming.

Other than that, everything is fantastic today!

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The unfortunately necessary debunkery of Donald Trump and his GOP's various embarrassingly desperate efforts to steal the election from Joe Biden continues on today's BradCast, even as the U.S. Secretary of State manages to shock with an extraordinarily offense comment and Republicans are now turning on their own in Georgia to appease the soon-to-be-former President. [Audio link to show is posted below this summary.]

Among the too-many stories covered on today's show...

• Even Fox 'News' is beginning to refuse to air the White House's "voter fraud" BS. It's not the first time Fox has refused to play along with GOP "voter fraud" lies since Election Day;

• Mitch McConnell supports Trump's right to legal challenges in the election (and so do we, as we explain);

• Sec. of State Mike Pompeo makes a wildly unfunny, dangerous and un-American "joke" from the lectern at the Dept. of State about a "smooth transition to a second Trump Administration";

• Corporate media continue to do a rather competent job of quickly debunking the endless and so-far evidence-free claims being made by duped Trump supporters and shameless Trump attorneys in court regarding "voter fraud". CNN's Donie O'Sullivan deserves special credit for one of his reports taking on Trump supporters directly at a "Stop the Steal" rally in Pennsylvania, with facts to debunk their false conspiracies regarding "Trump ballots being burned in bags" (they weren't), vote totals being inflated overnight for Joe Biden (they weren't), and much more;

• Separately, CNN also debunks Trump's latest Twitter tantrums regarding his evidence-free claims of fraud in Pennsylvania (no, GOP observers were NOT prevented from watching the ballot count), Nevada (no, 3,000 voters did NOT vote unlawfully from other states), Georgia (no, Trump did not "win on Election Night") and Wisconsin (no, Trump's campaign is not "looking very good" in the state they appear to have lost by more than 20,000 votes);

• Team Trump files yet another embarrassingly lame lawsuit in Arizona, falsely charging that 180 voters (out of 155,860) who cast Election Day ballots in Maricopa County (Phoenix) improperly had their ballots rejected as overvotes;

• Democrat Cal Cunningham concedes his U.S. Senate race in North Carolina to the very unpopular incumbent Republican Sen. Thom Tillis, in a race that Democrats should have won (and that his progressive primary opponent Erica Smith --- featured as a guest on our show earlier this year --- arguably might have);

• Short of an unlikely shocker in the still-uncalled Alaska U.S. Senate race, the last chance for Democrats to take back majority control of the U.S. Senate will now be in Georgia's two U.S. Senate runoff elections on January 5th. They will have to win both of them. And now, both of the state's Republican U.S. Senators, Kelly Loeffler (who is running against Rev. Raphael Warnock) and David Perdue (who is running against Jon Ossoff) are sucking up to their demented sore loser President by turning on GA's Republican Sec. of State Brad Raffensperger, hilariously "citing no evidence" in calling for his resignation.

  Longtime listeners of The BradCast will recognize Raffensperger as the corrupt dope who purchased the state's new, wildly-expensive, easily-manipulated, 100% unverifiable computer touchscreen Rube Goldberg voting systems made by Dominion Voting and forced on every county in the state for first time use this year. That, instead of a cheaper, verifiable, hand-marked paper ballot system urged by cybersecurity and voting systems experts alike.

  Republicans have been falsely accusing Dominion in recent days of being controlled by Democrats and responsible for "stealing" the election from Trump in Michigan and Georgia. While there is no evidence to support their claim, I have invited those Republicans worried about Dominion to join me in my call for getting the company out of Georgia's critical U.S. Senate runoffs altogether by turning to all hand-marked paper ballots to be publicly hand-counted in both races. The statewide election will feature just two races, with only two candidates in each, so hand-counting them on Election Night would be very simple and completely transparent.

  While my invitation to Republicans has become quite popular on Twitter, so far they have failed to join the effort to prevent the "Software from hell!" that folks like Eric Trump are pretending to be the cause for his father's humiliating re-election loss. Sad!

  While Raffensperger says he will not resign, a comment from former Republican Sec. of State turned illegitimate Governor Brian Kemp, along with an article from the far-right Federalist, suggests that state Republicans may try and move to ban mail-in voting altogether for the runoffs, despite the spiking deadly pandemic and the requisite reliance on unverifiable Dominion voting systems at the polling place, in hopes of returning to their years-long glory days of GOP voter suppression in the Peach State;

• Finally, Desi Doyen joins us for our latest Green News Report filled with (almost all) actually good news for a change, in the wake of Joe Biden and Kamala Harris' apparent election victory last week...

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It's a race to stupid. And we're all winning! Or losing. Depends on how you choose to look at, apparently. [Audio link to full show is posted below summary.]

Among the stories covered on today's BradCast...

• The stock market soars on the barest of evidence that a vaccine could be on the way. Eventually. But irrational exuberance is...well...irrational;

• Trump fired the State Department Inspector General on Friday night. It was the fourth independent executive agency watchdog that Trump has axed over the past six weeks as he continues to dismantle all governmental oversight of the Executive Branch and what is virtually the last firewall against corruption by the most corrupt Administration in the history of the nation. In this case, the firing seems to have been carried out unlawfully by the President at the request of Sec. of State Mike Pompeo who is under investigation by the IG for forcing agency personnel to run personal errands for him and his wife, as well as for his part in funneling some $8 billion in arms sales to Saudi Arabia under the guise of Trump's phony "Emergency Declaration". The sales are in contradiction to a bipartisan vote by Congress last year, specifically denying the appropriation;

• Former Republican Rep. Justin Amash of Michigan decided over the weekend that he will not run for President on the Libertarian Party ticket after all;

• In Missouri, under pressure from an ACLU lawsuit, the GOP-dominated state legislature passed a law on Friday allowing all registered voters to vote with an absentee ballot if they so choose. That's good. However, those who are not either ill or at "high risk of serious complications from COVID-19" must still have their ballot verified by a Notary Public before it may be sent or counted. So, yeah, voters will still be forced to put themselves at risk in order to vote in the Show-Me state this November;

• Meanwhile, just before air today, California Governor Gavin Newsom announced the relaxation of certain criteria for counties to reopen businesses across the state;

• And in Long Island, New York, anti-lockdown protesters threatened a journalist reporting on their protests by running at him without masks on. "No," one of the jackasses is seen saying as he charges the reporter, "I got hydroxychloroquine! I'm fine!";

• We then open the phones to listeners to ring in on all of the above as well as on an interesting question the BBC posed to its audience over the weekend: "If you could go back to the start of the year and give yourself some pre-lockdown advice, knowing what was about to happen, what advice would that be?". Tune in for the answers!...

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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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It was what many are characterizing today as a "John Dean moment" in the public impeachment hearings of Donald J. Trump. His $1 million donor turned swamp-dwelling Ambassador to the European Union, Gordon Sondland, dropped some bombshell testimony on Wednesday --- and we do not use that word on The BradCast lightly. [Audio link to today's show follows below.]

Sondland, who Trump described as "a really good man and great American" as recently as last month, admitted in his blockbuster testimony that the President's scheme to withhold a White House meeting and $391 million in military aid to Ukraine in exchange for the announcement of investigations into his political rivals was, in fact, a "quid pro quo".

Moreover, Sondland tossed a whole bunch of top Trump officials and allies under the bus in the bargain --- including Sec. of State Mike Pompeo, former National Security Advisor John Bolton, White House acting Chief of Staff Mick Mulvaney, Trump's lawyer Rudy Giuliani, Vice President Mike Pence and, especially, the President of the United States himself. "Everyone," he said, "was in the loop. It was no secret." He explained that he "followed the directions of the President" when he "worked with Mr. Giuliani" on the Ukraine pressure campaign "because the President directed us to do so." That, barely two months after Steve Doocy of Trump's favorite TV show, Fox & Friends, declared: "If the President said 'I'll give you the money, but you gotta investigate Joe Biden --- that is really off-the-rails wrong."

We were joined once again today, just moments after the Sondland hearing concluded, by our official BradCast partner-in-impeachable-crimes, the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo, with extended explosive excerpts of today's testimony, along with insight and analysis. Our special coverage continues with the remarkable events that transpired on Wednesday in the U.S. House Intelligence Committee's ongoing impeachment proceedings on what may well prove to be an historic day (or the long-awaited beginning of the end?) for the shamefully failed Presidency of Donald J. Trump...

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On today's BradCast, our special coverage of the first day of public hearings in the impeachment inquiry of Donald J. Trump. [Audio link to show is posted below.]

We share extended excerpts from the opening statements at today's historic hearing in the U.S. House Intelligence Committee, as chaired by Democratic Rep. Adam Schiff (D-CA) and led on the Republican side by Ranking Member Devin Nunes.

The witnesses for Wednesday's hearing were two long-serving, non-partisan, career diplomats who offered detailed and often damning testimony on Trump's unprecedented withholding of military aide to Ukraine as part of a pressure campaign to force its new President to announce investigations into Trump's political rivals and into an uncorroborated theory regarding Ukraine's interference in the 2016 election. Both men also offered background on Ukraine's struggle to break away from its corrupt past with its new administration, even while the beleaguered former Soviet-bloc nation continues its long and deadly war on its eastern border against Russian-backed separatists.

Ambassador Bill Taylor, a 30-year foreign service veteran and decorated Vietnam combat soldier, currently serves as Trump's top diplomat in Ukraine. He was assigned to the post by Trump's Sec. of State Mike Pompeo after Trump's previous Ambassador, the virulently anti-corruption Marie Yovanovitch (who will testify on Friday), was pushed out of her role by what Taylor described as an "irregular" diplomatic channel consisting of several of Trump's political allies, including his attorney Rudy Giuliani.

Taylor broke the most noteworthy new piece of information of the day as he described learning, just last week, about a late night unsecured cell phone call in July by one of the "irregulars", Ambassador to EU Gordon Sondland, to the President. The call was made in a restaurant, the day after Trump's infamous July 25 call with Ukraine President Volodymyr Zelensky. Taylor's staffer (who will now also testify on Friday) is said to have overheard Trump asking Sondland about the status of "the investigations" into the Bidens and the 2016 election. After the call, Taylor testified, when the staffer asked Sondland about Trump's feelings toward Ukraine, the Trump-donor-turned-diplomat said he "cares more about the investigations of Biden" than Ukraine.

Sharing the witness table with Taylor on Wednesday was George Kent, Deputy Asst. Sec. of State overseeing policy for Ukraine. Kent, who also offered damning testimony about Trump's scheme to strong-arm Ukraine, has been a part of the State Department's foreign service since 1992, having served, like Taylor, under five different U.S. Presidents --- three Republicans and two Democrats --- during his time in government service.

We're joined today for insight and analysis on all of this by the great HEATHER DIGBY PARTON of Hullabaloo and Salon, as we discuss today's breaking news of note, the damning case being laid out against the President by Democrats, the thin and disjointed rebuttal being offered by Republicans in his defense, and how all of this may be perceived by the American public as the historic hearings continue later this week, into the next one, and likely beyond...

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

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

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

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

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

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

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

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

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

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

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It's NICOLE SANDLER, still manning the guest host desk for Brad and Desi at the BradCast.

The news is breaking at warp speed. I open the show with a recap of what's happened since the last BradCast, and there's a lot!

My guest today is MARCY WHEELER from Emptywheel.net who explained how Attorney General Bill Barr is implicated in Trump's efforts to solicit help from foreign leaders to damage his political opponents. And it's not only Barr, but Pompeo, Pence, Giuliani and even Lindsey Graham!

Plus, I'll share an amazing essay from John Pavlovitz titled, "I’m Not The Radical Left, I’m The Humane Middle."

And because we need it and deserve it, we end the show with some levity, courtesy of the always brilliant Randy Rainbow.

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It's NICOLE SANDLER in the BradCast guest host seat again today, filling in for Brad and Desi. Since there's so much breaking each day, we begin with an update on the latest news in the Donald Trump impeachment inquiry! Both Mike Pompeo and Bill Barr are in it up to their eyeballs!

My first guest is D.D. GUTTENPLAN, editor of The Nation. We discussed his new article, "We Don’t Have to Choose Between Warren and Sanders Yet," a topic I'm obsessed with these days.

But, with impeachment looming, if Trump is removed from office, Mike Pence is first in line to become president. Or he could be implicated along with the rest of this administration. Either way, he's an interesting topic, and the focus of the new book from veteran journalist TOM LOBIANCO called Piety and Power: Mike Pence and the Taking of the White House.

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It's NICOLE SANDLER, back today as your trusty guest host for the BradCast. With all the news that broke last week, I though we could take a day and just discuss how we got into this predicament, and how to navigate the stormy waters ahead.

My first guest is the eloquent and funny ELIE MYSTAL of Above The Law.

And then we check in with journalist TERRELL STARR of The Root, who has been reporting on Ukraine for many years.

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On today's BradCast: Already increasing tensions in the Middle East got much higher today after Iran shot down an unmanned U.S. surveillance drone last night, which the Islamic Republic claims had crossed their border into their airspace. The U.S. contends the spy plane, a U.S. Navy RQ-4A Global Hawk that can fly as high as 10 miles in altitude with a wingspan as wide as a Boeing 737, was in international airspace at the time it was downed by an Iranian surface-to-air missile. Both nations suggest they have evidence to support their claims about the location of the craft when it was shot down. [Audio link to show is posted below.]

Tensions in the region have been rapidly rising in recent weeks as the U.S. has blamed Iran, without presenting evidence, for several attacks on shipping tankers near the narrow Straight of Hormuz, which borders Iran in the Persian Gulf and through which 20% of global oil supplies travel. Iran has denied any involvement in those incidents, other than helping to rescue the crew of one of the tankers and extinguishing its fire. But war-hawks in the U.S. have been banging the drums against Iran for some time. They applauded Donald Trump's unilateral withdrawal last year from the Joint Comprehensive Plan of Action, or JCPOA, the landmark deal struck between Iran and seven other nations during the Obama Administration. The hard-fought treaty ended any possibility of Iran enriching uranium for use in weaponry, at least until Trump broke the deal that had lifted crippling, years-long sanctions against Iran. Trump reinstated the sanctions after becoming President and pulling out of the pact that even his own Administration admits Iran has been in full compliance with.

On Thursday, Trump described Iran's action as "a very bad mistake" and "a foolish move", while repeatedly telling reporters "you're going to find out", when asked how and if the U.S. plans to respond. He did suggest, however, during Oval Office remarks, that he believed the incident must have been unintentional or taken by "someone who was loose and stupid" --- as if to suggest he was reluctant to retaliate and/or make the situation worse.

Nonetheless, at the very same time, GOP hawks in the Senate like Sen. Lindsey Graham (R-SC) seemed eager to inflame the situation by warning that Iran "needs to get ready for severe pain," vowing that "if [Iran] is itching for a fight, they're gonna get one."

We're joined today to discuss all of this by DR. ASSAL RAD, Research Fellow and policy analyst at the nonpartisan, nonprofit National Iranian American Council. In a statement today, the group's President, Jamal Abdi, counseled for both nations to "firmly step away from the path to war" by seeking out "third party mediators who can help de-escalate and bring the U.S. and Iran back to the negotiating table."

Rad explains what is known and unknown about the current situation, how dangerous the situation has now become, and how Trump's restoration of sanctions has crippled Iran's economy, at least for the working class, leading to severe shortages of food and medicine. In addition to increasing military tensions, she tells me, Trump's violation of the anti-nuclear pact has led to both increased uranium enrichment --- bringing Iran closer to the ability to build nuclear weapons if they desire --- as well as strengthening the political hand of anti-U.S. hardliners in the Islamic Republic.

"What Trump has done," she tells me, "is played into the hands of the hard-line elements in the country, tarnishing the image of the U.S., which was very positive. But, of course now, as they suffer, it's much easier for that government to point to the United States as the blame."

"On the U.S. side, of course, the argument can be made that there's a credibility issue, given that President Trump has gone back and forth in the tone he takes with Iran. He'll tweet something like 'we're going to end Iran' and 'that was a big mistake on Iran's part', and then walks it back. 'No, we don't want regime change' or 'we don't want a war'. But then he has advisers, like the National Security Advisor John Bolton, who argues exactly for those goals."

"And that's not, by the way, to give credibility to the Iranian side," Rad made clear. "The Iranian side also lacks credibility in their own right. And that's why without a full investigation and having evidence, I would avoid drawing conclusions. And certainly taking action based on conclusions that aren't based on full evidence."

She notes that "sometimes the way that our media frames it, it makes it seem like the Iranian side is an irrational party --- and yet that is the party that agreed to the deal and has abided by that deal, despite the fact that the U.S. abrogated that deal a year ago."

"One of the things that we know about war is that it's unpredictable. We don't know what will be the consequence. And to prevent this sort of unforeseen concern that something terrible could happen, we have the opportunity right now to prevent it," she concludes with optimism, advising fellow Americans to speak out to our representatives in Congress to urge them to find a peaceful solution to the quickly escalating crisis.

Then, just to lighten things up, we turn to our worsening climate crisis! With Republican state Senators in Oregon fleeing the state on Thursday to avoid a quorum needed for final approval of a sweeping bill meant to help curb climate change by reducing carbon and capping greenhouse gas emissions through a cap-and-trade system. Democratic Gov. Kate Brown has now authorized state police to try and find the rogue lawmakers and bring them back to the capital. Meanwhile, back in D.C., Florida Congressmen Ted Deutch (D) and Francis Rooney (R) announced the re-launch of a bipartisan 'Climate Solutions Caucus' with about 60 members, including more than 20 Republicans.

We get some thoughts on both of those stories from a skeptical (cynical?) Desi Doyen, who also joins us for the latest Green News Report, with troubling news on the Trump Administration's official roll back of Obama's landmark Clean Power Plan in favor of scheme to aid the coal industry which, according to Trump's own EPA, will result in the premature deaths of thousands of Americans. But, she's also got some good news for us today --- and not a moment too soon --- out of the state of New York, where lawmakers did not skip the state, but instead adopted one of the world's most ambition climate change action plans...

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On today's BradCast: A longtime investigative journalist who has documented the rise of the radical right has been suspended from Twitter for a ridiculous reason. Should that be cause for alarm for some of those on the left who applauded the recent removals of right-wingers from that and other social media platforms? [Audio link to show follows below]

But, first up today: Don't fall for it. The Trump Administration is making all sorts of evidence free allegations that Iran is attacking shipping tankers in the Persian Gulf. The Japanese owner of one of those tankers offers evidence that directly contradicts the U.S. claims and, so far, no other country is backing up Sec. of State Mike Pompeo's litany of evidence-free charges that Iran is behind a number of recent attacks. Of course, that didn't keep Donald Trump from telling Fox "News" on Friday: "Iran did do it and you know they did it, because you saw the boat." He was referring to a grainy, black and white video released Thursday night by U.S. Central Command purporting to show an Iranian vessel removing an unexploded mine from one of the tankers. Funny how easily Trump is convinced by remarkably thin evidence about something he wants to believe, versus mountains of evidence, gathered over years by independent sources, on things like climate change and his own obstruction of justice. Don't fall for it. Not again.

Then, we're joined by award-winning investigative journalist DAVID NEIWERT who, since Tuesday, has been "temporarily suspended" from Twitter due to a profile graphic he's used for two years on his account there, without incident, as taken from the cover of his 2017 book Alt-America: The Rise of the Radical Right in the Age of Trump. Neiwert, who has been a contributing writer for the non-profit Southern Poverty Law Center's "HateWatch" blog, as well as for MSNBC where his 2000 reporting on domestic terrorism earned him the National Press Club Award for Distinguished Online Journalism, was informed by the popular social media platform that the profile graphic from his book --- a cleverly designed image of KKK hoods atop each of the white stars on the American flag --- violates Twitter's "sensitive media policy" rules barring "symbols historically associated with hate groups" in profile or header images.

Obviously, his use of the graphic is meant as commentary on those symbols, rather than in support of them. Still, his "temporary suspension" has resulted in all of his tweets being unavailable and a restriction on posting any new ones until he removes the graphic in question. He is refusing to do so, though he is still in contact with Twitter and hopes to negotiate a solution to what he describes at Daily Kos today as an ill-conceived policy that fails "to distinguish hate speech from the efforts to oppose it".

"Literally, they can set any standards that they want, because they are private platforms," he tells me, correctly noting that the U.S. Constitution's First Amendment free speech clause applies only to the Government, not private businesses. "Twitter has announced that it wants as its standard to remove hate speech. But it isn't distinguishing between hate speech and actual efforts to fight hate speech. It's not making that distinction. And it's supposed to be doing this on behalf of the effort to fight hate speech, because this is its standard."

"The problem is they're basically trying to replace human judgment with an algorithm. And algorithms are stupid. They can't figure this stuff out. They lack the human judgment." Nonetheless, as we discuss, even after his graphic may have been pinged by an algorithm --- likely set off by folks on the alt-right who dislike him --- human intervention has yet to result in his account being unlocked again.

With some 500 million tweets a day, he recognizes, the platform must "use algorithms to flag these things, that's just the nature of the beast. But how many suspensions for hate speech do they make? Probably not very many. Probably in the hundreds. That's something that's manageable on a human level, and it's something that requires human judgment to make those calls. And they just need to bite the bullet and recognize that they need to employ smart, well-trained humans to do that job. That they can't rely on an algorithm to do it."

Neiwert has supported the recent deplatforming across a number of the most popular social media outlets such as Twitter, Facebook and YouTube of conspiracy theorists like Alex Jones of InfoWars, right-wingers like Milo Yiannopoulos and White Nationalists like Richard Spencer, though he notes that others, such as former KKK Grand Wizard David Duke have not been removed. Nonetheless, while the removal of far right figures has been met with cheers from many on the Left, should Neiwert's case give pause to some of those cheering progressives? Isn't fascist speech still free speech after all? And what happens if a right-winger were to take over ownership of outlets like Twitter? We discuss that and much more, including Neiwert's very early and astonishingly prescient warning about Donald Trump way back in late 2015.

Also today, the DNC announces the results of its random drawing to determine which ten 2020 Democratic Presidential candidates will appear together on each of the two nights of the first Presidential debates set for June 26 and 27 in Miami. And then we close with an excerpt from candidate Bernie Sanders' recent policy address at George Washington University in which he calls for a 21st Century Economic Bill of Rights modeled on one sought by FDR to guarantee a living wage, affordable housing, health care and a complete education for all, as he makes the case that democratic socialism is the only way to offer "true freedom" from corporate oligarchy and rising authoritarianism...

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I'm Angie Coiro of In Deep Radio, here on today's BradCast to give Brad and Des a breather. They're back post-holiday!

As I note in the show (audio link below) you don't have to agree with Nancy Pelosi's tactics and goals --- hell, you don't even have to like her --- to still doff your cap to her rhetorical skills. Her press conference this week gives a sentence-by-sentence master class in piercing your opponent with a smile, undermining his bombast with grace, and evincing humility while kicking him where it hurts. I walk you through her best-landed blows in today's show.

Then I go over Trump's court losses this week, the specter of impeachment, and even the possibility of Trump pardoning himself with DAVID LEVINE of UC Hastings Law. Spoiler about the self-pardon: no one knows how that would play out, because it's never happened before.

Putting this week's slam on Harriet Tubman into perspective is ELIZABETH COBBS of Stanford. Bottom line: she was a better person and patriot than he could ever pretend to be.

Finally, I have some time with someone I deeply admire. KATE KENDALL did powerhouse work at the head of the National Center for Lesbian Rights for twenty-two years. Now she's heading up Pack the Courts, formed to expand the number of SCOTUS seats to give justice a fighting chance. She explains it all in depth, including that choice of 'potentially-inflammatory name'...

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