On today's BradCast: We're back at work between the holidays, even as the President only pretends to be. But maybe that's a good thing. For everyone. [Audio link to today's show is posted below.]

(Also, my thanks once again to Angie Coiro of In Deep Radio for filling in for us on Friday! Her must-listen exclusive interview with former Vice President Al Gore is right here!)

Over the weekend before Christmas there were several noteworthy federal court rulings against the Trump Administration. Among them, one blocked a plan by Trump's Housing and Urban Development (HUD) agency to overturn an Obama Administration rule meant to help low-income Americans obtain affordable housing as of January 1, 2018. The judge ruled Trump's HUD overturned Obama's new rule arbitrarily, with no supportable reason for doing so, which is unlawful. Another federal court over the holiday weekend partially lifted parts of Trump's third attempt at banning travelers and refugees from several Muslim-majority countries. The Administration claimed they were doing so for national security purposes. The judge determined that national security was actually threatened by the ban itself.

Then, in related-ish matters, we're joined by the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo to discuss many aspects of the Trump Administration and the GOP's long "War on Truth".

As the President pretended, on Tuesday, to be "back to work" --- before playing another round of golf on his 85th day of staying at one of his own branded properties during his Presidency --- we discuss a number of the ongoing hoaxes played by him and fellow Republicans on the American people, beginning with the absurd, Fox "News"-created "War on Christmas".

"I can't even believe I have to say this," Parton tells me with no small amount of exasperation, but "how far have we come that we are actually at a point that we have to prove that there was no 'War on Christmas'?" Good question, since it seems a non-trivial number of Trump supporters actually believe there was/is such a war. That said, as she further observes, it's become very difficult to know who really believes what anymore and who is playing whom at the end of a remarkably "disorienting" (to say the least) first year of Trump's Presidency.

"If you go over to Fox News, or you look at any of the rightwing media, or talk radio, of course, it's no longer that we're just arguing over stuff," she says, "they're in a completely different dimension than we are. The arguments they are having are not arguments that are taking place in our world. They're not arguing with real people. We're not existing on the same level of reality."

While the "War on Christmas" is a pretend reality, the "War for Truth," on the other hand, is "definitely raging," she argues. Among the many truths and frauds we seek to highlight during our conversation today: we discuss the GOP tax bill and whether voters will be moved by it to vote Republican in 2018 as the GOP seems to think; whether media (and Democrats) will stop falling for the mostly phony "economic concerns" of many Trump voters ("It was not based on economics, it was based on resentment," she argues); whether Democrats should or will take the bait being offered by Republican Senate Majority Leader Mitch McConnell to work across the aisle next year as both he and Trump now claim to want after a year of shutting Dems out of the Congressional process entirely; whether Truth Warrior Al Franken should have resigned from the U.S. Senate amid sexual misconduct claims; and what "Digby" finds herself most surprised by as Trump wraps up his intolerably long first year in office...

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Just a quick note --- that I'll pin up on top here for a few days (scroll down for the latest) --- to ask, if you've got anything leftover after Christmas, to drop a few dollars in the BRAD BLOG tip jar.

We are at a very crucial moment, both here at the blog, on the daily radio show and on the Green News Report, and very much need your support to try and keep going with all of the above. If you can help with either a one-time donation, or a more long-term, automated monthly donation, it would be very much appreciated as we head into another new year.

While some Presidents say it's "back to work" after Christmas, before going on to Tweet about Fox "News" and hitting the golf course for the 85th time in less than a year --- and some radio shows run re-broadcasts during the time between Christmas and New Years, we'll be on the job with fresh shows and blog items all week! So, thanks in advance for any support you can muster for what we do here. We rely on you!

Also, while I have you here, if you haven't had time to listen to Angie Coiro's exclusive interview with Al Gore from Friday's BradCast, I'd strongly recommend you carve out some time do yourself a holiday favor and give it a listen. I believe it's the best, most informative, most personal interview I've ever heard with the former Vice President, and I'm both grateful to Angie for bringing it to us and very proud we are able to share it with you on The BradCast!

Anyway, back to work here, my thanks to all of you for your support over an impossible year, and my even greater thanks for whatever help you can offer for the days ahead via BradBlog.com/Donate (or just use the form below)! Here's to a very merry holiday season, somehow, and a happy new year!

- Brad (and Desi and Ernie and 'PDiddie' and Angie and all the other BradBloggers and Casters by proxy!)

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On today's BradCast: He's a mean one. But you already knew that. So, we'll try not to let him ruin Christmas, at least if we can help it. [Audio link to today's show follows below.]

As Christmas nears, why not become even more of a pariah to the rest of the world by literally threatening friends and foes alike at the United Nations over Trump's unpopular plan to move the U.S. Embassy in Israel from Tel Aviv to the divided city of Jerusalem? That's what UN Ambassador Nikki Haley did on Thursday, and it wasn't taken kindly --- by friend or foe. She also repeatedly lied about support from Americans for the dangerous scheme. (They're strongly against it, including a plurality of American Jews, though Trump and the GOP's big donors are in favor of it.) The move is just the latest by this Administration to cause U.S. standing in the world to plummet even further since taking office. So much for making American "great again".

But, there is some good news today for Americans who favor health care, as the Administration is forced to admit that sign-ups for the Affordable Care Act ("Obamacare") this year were nearly as high as they were under President Obama last year, despite the Trump Administration defunding advertisement and assistance for the Open Enrollment period, cutting its length in half, and Trump's repeated lies that is Obamacare is "dead", "gone", "imploding", etc. In the bargain, as many Americans now favor government-run healthcare as those who prefer a private healthcare system. That, after Americans had previously preferred a private insurance system by nearly 30 points in the same poll back in 2010, before Obamacare was initially enacted.

And more good news before the holidays: another completely unqualified nominee for a lifetime appointment to the federal bench has withdrawn, though the GOP is still jamming similarly unqualified nominees through the Senate confirmation process at a record pace.

Next, Desi Doyen joins us for another busy Green News Report with some discouraging news, with the passage of the GOP tax bill, for the pristine Alaska National Wildlife Refuge (ANWR) and for victims of our quickly increasing climate-fueled natural disasters, but also some encouraging news elsewhere in the world.

And, finally, since it's Desi and my last show before Christmas --- (Though not the last BradCast before Christmas! Angie Coiro sits in for tomorrow's show with her exclusive interview with AL GORE!) --- it seems only fitting today to end today with a dramatic holiday reading of How the Trump Stole America.

Merry Christmas, Bedford Falls!...

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(h/t Mark Fiore for today's logo graphic!)

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On today's BradCast: An all too remarkable reminder that every vote --- every single vote --- matters. Or should, with control of the Virginia's House of Delegates and, potentially, healthcare for hundreds of thousands now at stake amid a remarkable "recount" in the state. Also, now that the massive GOP tax bill has been passed, are Democrats still relying too much on potential findings of the Special Counsel and the possibility of impeachment in 2018? [Audio link to today's show follows below.]

Just after our show yesterday, the Commonwealth of Virginia completed a partial-machine, partial-hand "recount" of one of last month's House of Delegates races that, by one single vote, appeared last night to hand the victory to the Democratic candidate Shelly Simonds. One single vote. If Democrats pick up that seat, it would, in turn, end decades of Republican-majority control of the House, with a 50/50 seat split among Ds and Rs. Before the November 7 election, Republicans held a 66-34 seat advantage.

It appeared, as of last night, to be a done deal, with the Dem having been declared the winner after the "recount" by one vote on the state's hand-marked paper ballots and the Republicans having conceded the race. (Virginia finally got rid of all of its 100% unverifiable touch-screen systems this after.) The bi-partisan election official judges signed off on Tuesday's new tally, handing the victory to Simonds over Republican David Yancey who had led by just 10 votes prior to the "recount".

But on Wednesday morning, a GOP election official judge had second thoughts about one ballot which, previously, the judges had unanimously determined to be an overvote --- with a selection in the bubbles for both the Democrat Simonds and for the incumbent Republican Yancey. The Simonds bubble, however, appears to have a slash through it. The rest of the selections on the ballot were for Republicans, though the choice for the Republican candidate for Governor also appears to have a cross through it, with no other candidate selected by the voter in that race. (The full ballot in question can be viewed here [JPG].)

So, after a two hour court hearing on Wednesday, it was decided by a three-judge panel that the race was/is a tie instead, with 11,608 votes for each candidate. That means control of the VA House --- and the increased possibility of health care coverage via Medicaid expansion for nearly half a million Virginians --- will be left up to a random draw to see who wins the seat.

There are, of course, still many questions about this story, which was still breaking as we went to air today. The "losing" candidate after the random draw will also be able to ask for a second "recount". We discuss all of those questions, the ballot, the "recount" methods used in the state, the state's published guidelines [PDF] for counting various types of questionably hand-marked paper ballots in VA, and much more related to this remarkable episode, including whether digitally scanned "Ballot Images" from Election Night may exist to determine whether the cross-out on the ballot in question was there originally or added somehow during the post-Election Night chain of custody. (The city of Newport News, where this election in the 94th District was held, does appear to have the type of computer-scanners that create digital ballot images, though I've yet to hear back from the Registrar if those systems were set to retain the images after scanning them.)

It should also be noted here that Democrats received some 53% of the vote, compared to just 43% for Republicans across the state when the entire House was up for grabs in November. Nonetheless, as things currently stand, Democrats may only achieve a 50/50 split in the House. That should offer an idea of how badly the Republicans have gerrymandered the state.

Also, a separate recount for a separate very close VA House of Delegates race is still pending, though Democrats there are suing for a completely new election, since at least 100 voters were given the wrong ballot in a race currently decided for the Republican incumbent --- before the "recount" --- by just 82 votes.

Then, we're joined today by JEET HEER, Senior Editor at New Republic to discuss the final passage of the GOP's massive tax cuts, largely for the wealthy, how Democrats are responding to them, and whether or not they are over-relying on the possibility of impeachment to take down President Trump as they head into the 2018 mid-term election year. Heer argued as much in a recent article discussing "the Democrats' dangerous obsession with impeachment". It's a highly debatable subject, about which I am of at least two minds, as discussed in detail with Heer on today's show.

Finally, we close with Bernie Sanders' late-night response to the passage of the $1.5 trillion tax bill in the middle of the night on Tuesday night/Wednesday morning in the U.S. Senate, and how the GOP is now planning to come for Medicare, Medicaid and Social Security in order to pay for it...

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On today's BradCast: Is it time for Dems to run on soaking the rich? If the GOP's tax legislation doesn't reveal Republicans' own continuing class warfare against the poor and middle-class, nothing will. But will Democrats be smart enough to take advantage of it? [Audio link to show follows below.]

On Tuesday, House Republicans passed what they thought would be the final version of their massive tax legislation to transfer hundreds of billions, if not trillions of dollars from the poor and middle class to the wealthy and corporations already raking in record profits. A parliamentary issue in the Senate, however, may require the House to vote on the measure once again on Wednesday. But, either way, the bill now looks as if the temporary tax cuts for individuals and massive permanent cuts for corporations will clear both chambers and head to Donald Trump's desk for signing before Christmas.

So, what happened to all of those Tea Party folks who, back in 2010, under a Democratic President, pretended to be demanding fiscal discipline and an end to deficit spending in Congress? All of those dupes, patsies, chumps and suckers --- not to mention the GOPers who scammed them about it all in the first place --- now seem to be cool with adding $1.5 trillion to the national debt via the GOP tax bill. In Congress, Republicans are now giddy about their hopes of dealing with that debt by cutting social programs, like health care to people who need it, including Medicare, Medicaid and Social Security, to help pay for their massive tax cuts to the wealthy and for huge increases in spending for the U.S. war-making machine.

At the same time, Democrats ought to be eying the fact that the vast majority of voters --- including huge majorities of Trump supporters --- would prefer to see taxes raised, not lowered, on the rich. Political scientist and researcher SPENCER PISTON of Boston University, author of the upcoming book Class Attitudes in America: Sympathy for the Poor, Resentment of the Rich, and Political Implications joins us today to discuss his recent article at The Nation with Sean McElwee, on how Republican politicians continue to get away with cutting taxes for the wealthy, despite overwhelming popular opposition to it.

Piston explains how tactics are used by the GOP to confuse the public (which are then echoed by the media) and, when all else fails and such measures are still wildly unpopular --- as with the current GOP tax cuts --- they go ahead and vote for it anyway. It's time, he argues, for Democrats to stop shying away from leveraging resentment of the rich in their politics. And he has the data to prove it.

"There's a common assumption out there that, in a democratic political system, the desires of the public should guide public policy," he tells me. "And in some cases that's certainly true. But, in many cases, the opinions of the public have very little to do with the policy outcomes that actually occur. This [GOP tax plan] is no exception. Americans have desired higher taxes on the rich for decades. And yet, fairly consistently, albeit with some notable exceptions, taxes on the rich over the past few decades have plummeted."

"The reason that this happens is policy makers who don't want to do what majorities of the public want, follow a playbook of confuse, distract, and ignore." Piston explains how it works and what it means --- or should --- for Democrats as they move into the 2018 mid-term election year and look to 2020 beyond it. "There is certainly a benefit to running against the rich, which is that it's easier to get the public on your side," he explains, before cautioning, "But it's not as easy to get donors on your side."

Finally, we're joined by Desi Doyen with the latest Green News Report on the cause of the Atlanta airport blackout, the massive, still-out-of-control winter wildfires in Southern California, Trump's ridiculous new declaration that climate change is no longer a national security threat, and an update on the deadly Amtrak train derailment near Seattle, which could have been avoided...with proper funding from Congress...

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On today's BradCast: Yet another mind-blowing adventure in attempted election oversight. This time regarding the complete destruction of all paper ballots in the middle of a Florida lawsuit, following an election between two Democrats, one of them a powerful member of Congress. [Audio link to show follows below.]

But first: Deadly and costly disasters, natural and otherwise, top the news headlines on today's program. Among them: the catastrophic Amtrak train derailment on a brand-new line near Seattle, the second straight week for still-raging apocalyptic wildfires in Southern California, and the continuing disaster in Puerto Rico where, three months after Hurricane Maria came ashore, one-third of the island is still without power and the Governor has finally conceded that the official death toll of 64 may be off...by as much as 1,000!

All tolled, hundreds of billions will be needed to rebuild from those deadly disasters, and yet Republicans in Congress are still hoping to pass a $1.5 trillion tax cut, largely for wealthy Americans, before Christmas. Their scheme took a troubling turn over the weekend, as a new provision was added to the legislation during reconciliation of the House- and Senate-passed versions late last week. The new provision, it was revealed by David Sirota at International Business Times, would give special tax breaks to owners of large real estate holding LLC's like President Donald Trump, House Speaker Paul Ryan and, most curiously, Sen. Bob Corker who, on Friday, mysteriously reversed his previous opposition to the bill after the new provision was tacked on, in what many are now calling the #CorkerKickBack.

Then, we're joined by journalist, documentarian and election integrity advocate LULU FRIESDAT to discuss the remarkable turn of events recently revealed in response to multiple public records requests she has made over the past year in hopes of reviewing hand-marked paper ballots from the Democratic primary election last year between Rep. Debbie Wasserman-Schultz and her Bernie Sanders-endorsed challenger Tim Canova.

Just weeks after being forced to step down as chair of the DNC amidst the release of stolen emails from party officials, Wasserman-Schultz soundly defeated Canova in the first primary she'd faced in her six terms as a member of Congress. But, unexplained vote count numbers --- such as hundreds of more voted ballots than voters signed in to the poll books in the 23rd Congressional District race in Broward County, FL --- led to Friesdat's attempt to examine the paper ballots by hand, in hopes of determining if they were tallied correctly by the county's computer tabulators during the August 2016 Democratic primary. Eventually Canova himself filed a lawsuit against the county's Supervisor of Elections Brenda Snipes, after Friesdat says she was continually denied access to the materials.

In November of this year, well over a year after Snipes certified the contest, both were finally invited to inspect the Broward County ballots only to learn upon arrival that all of them had actually been destroyed by the county in the middle of the lawsuit. Only digital images of what were purportedly the original ballots were available for examination, according to Snipes, in what appears to be, according to Politico's survey of election experts, a clear and stunning violation of federal election law requiring all such materials be retained for 22 months after an election.

Friesdat tells me that neither her nor Canova had any idea the ballots were destroyed before showing up to review them. "If you're looking at digital scans, and you don't have the original ballots to turn to, at that point you have no way of verifying that ballots haven't been switched out, that ballots haven't been added, that ballots haven't been taken away --- you don't have any verification that those are the original ballots."

Oddly enough, she explains, "in the very first public records request in November [of 2016], I requested all of the digital ballot scans for the election, and I was told that they didn't have them, that they didn't exist. And then it turned out that they did exist. So the county was duplicitous in regard to that information."

As to what's really going on here, Friesdat demures from speculation, but says, based only on what is already known on the public record, that "according to Politico, seven legal experts that they consulted all agreed that the ballots being destroyed was illegal."

It is of a piece, she observes, with the recent revelations in Racine County, WI, in November of this year, when multi-partisan election transparency advocates were finally allowed to review some of the computer-scanned paper ballots from the 2016 Presidential election. After months of similar public records request, they were allowed to view original paper ballots, only to find that, in the precincts they examined, anywhere from 2 to 6% of perfectly valid Presidential votes had been ignored by the computer tabulators entirely. That, in an election where Trump is said to have pulled off his shocking statewide victory by less than 1%.

"What's going on here is actually just a representative sample of the problems that we have with our elections, and which you have been reporting on for over a decade," Friesdat says. "We're heading into the 2018 primaries. We at least now have a growing understanding and awareness that, in many cases, our election results may or may not be accurate, and that the protocols we are using in order to get those results are not secure." She offers many other troubling observations on all of this during our conversation today.

Finally, four U.S. Senators --- two of whom had previously called for Sen. Al Franken to resign amidst allegations of inappropriate conduct --- are now, according to a new report today, said to be hoping that he might reconsider his previously-announced plans to resign "in the coming weeks", before the Senate Ethics Committee has even investigated the charges against him...

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On today's BradCast, a spoonful or two of sugar where we can find it, along with much too much bitter medicine. [Audio link to show follows below.]

Among the stories covered on today's jam-packed 'BradCast'...

First up: The massively unpopular Republican tax scam lurches toward the finish line after the last of the pretend GOP hold-outs in the U.S. Senate now seem to be on board. They all know it's a scam, of course, one that will not, as they pretend, "pay for itself". And most predict the tax bill will gravely hurt the GOP's chances of holding on to the U.S. House in 2018. But they don't seem to care for some reason Moreover, they are openly admitting publicly that they are coming for cuts to Social Security, Medicare and Medicaid almost as soon as the largest redistribution of wealth from the poor and middle class to corporations and the wealthy in the history of the nation is completed before Christmas.

Then: Earlier in the week, Trump's beleaguered Sec. of State Rex Tillerson had announced that the U.S. was ready to meet with the North Koreans for peace talks without preconditions. By week's end, however, that hopeful message of potential peace took a drastic u-turn, as Tillerson appears to have reversed course at the last minute during his remarks at the U.N. on Friday.

Meanwhile, even though they have, up until now, failed to enact any major legislation to date, Trump and the Republicans have been wildly successful at ramming lifetime appointments of radical right-wing jurists to the federal bench through the U.S. Senate. Some of those appointees have been ridiculously unqualified, though at least one Senate Republican is beginning to put the brakes on those nominees. We share part of the astonishing Senate Judiciary Committee colloquy this week between Sen. John Kennedy (R-LA) and Mark Spencer Petersen, Trump's embarrassingly unqualified nominee for a lifetime post on the U.S. District Court for the District of Columbia.

Finally, we get to at least a spoonful of sugar with a musical tribute to the apparently failed U.S. Senate candidate Roy Moore of Alabama, plummeting approval ratings for the President, the Vice-President and the entire Republican Party, and the hilarious case of pretty much every member of the Trump family in D.C. successfully suppressing their own votes in last month's New York mayoral election.

All of that and much more in today's BradCast. Enjoy!

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On today's BradCast: Disturbing news for Americans and free speech before Christmas, but great news for huge corporations enjoying record profits already. [Audio link to show follows below.]

First up, yet another media mega-merger is announced as Disney says they will purchase much of Rupert Murdoch's 21st Century Fox in a $52 billion dollar deal, even as Trump and the Congressional GOP push to give them all huge tax breaks --- at the expense of the poor and middle class. Republicans are hoping for final passage of their tax bill before Christmas and before presumptive Sen.-elect Doug Jones (D-AL) can be seated and further reduce the GOP's slim U.S. Senate majority.

On the upside today, one of Trump's wildly inappropriate industry shills nominated to the EPA has reportedly withdrawn, as have two wholly unqualified nominees for lifetime judgeship appointments to the federal bench.

Then, as expected on Thursday, Trump's Republican-led Federal Communications Commission (FCC), voted 3 to 2 along party lines to kill "Net Neutrality" rules for Internet Service Providers like AT&T, Verizon, Charter and Comcast. That, despite a letter from 18 state Attorneys General who asked the Commission to delay the vote until after a legitimate public comment period. The previous one, they charge, was manipulated by as many as 2,000,000 comments that New York's Attorney General Eric Schneiderman has found found to have been faked.

Nonetheless, right-wing FCC Commissioner and former Verizon attorney Ajit Pai did not delay the vote, and the Commission voted to kill the rules that had long prevented ISP's from blocking or slowing down certain websites or apps, or charging more for access to them. Longtime media reform activist SUE WILSON joins us today and describes the latest actions by the FCC as little more than a move toward the end of free speech on the Internet.

She argues that the move to kill Net Neutrality echoes the efforts to pass the Telecommunications Act of 1996, which was also sold by proponents at the time as a boon for competition and innovation that would result in more free speech over our public airwaves. Instead, the public radio waves have become the nearly exclusive domain of corporate right-wing political speech and propaganda in the 20 years since the measure was signed by President Bill Clinton.

"They made a lot of promises, when they consolidated radio, that we would end up with a much more diverse speech for everybody," Wilson explains. "Anybody who listens to radio knows that it's almost impossible to find a show like The BradCast on the air because it is now dominated by pro-Republican, conservative --- no, 'alt-right' --- speech, to the exclusion of all others. They flat-out lied to us, and guess what? That's what they're doing today."

A similar future may soon be in store for the Internet, unless promised lawsuits or Congressional legislation is able to block or reverse today's shamefully under-reported and disturbing turn of events.

"The claim that the Federal Communications Commission Republicans are making is that we need to give more money to broadband services so that they can invest in rural areas," says Wilson. "However, if you look at the Securities and Exchange [Commission] documents, which these corporations have to fill out --- under penalty of prosecution if they lie --- the six CEOs of publicly-traded broadband companies are telling their investors that the FCC's current Net Neutrality rules have not in any way impacted their investment strategies. Again, we're looking at the Federal Communications Commission, as headed by Ajit Pai, just making things up out of whole cloth."

Finally, Desi Doyen joins us for the latest Green News Report, with an update on the record and still-growing Southern California wildfires, more bad news about the Arctic, some good news for Tesla, and a worldwide embarrassment for the United States...

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On today's BradCast: It was an all too rare moment of good news, of late, for Democrats and, indeed, the nation on Tuesday, after what appears to have been a stunning upset by Democrat Doug Jones over Republican Roy Moore in Alabama's U.S. Senate Special Election. But Dems may not want to spend too much time celebrating. [Audio link to show is posted below.]

Following Jones' apparent stunning victory on Tuesday, his highly controversial opponent has so far refused to concede or reportedly even speak to Jones. At the same time, despite Republican Senate Majority Leader Mitch McConnell's demand in 2010, when Democrats controlled the U.S. Senate, to wait to hold a vote on the Affordable Care Act ('ObamaCare') until Republican Sen. Scott Brown could be seated after his special election in Massachusetts, the GOP appears to be barreling ahead with their plan to vote on their radical and wildly unpopular tax scheme in the coming days, before Jones can be seated. That, even after McConnell had held a seat on the U.S. Supreme Court open for almost a year, claiming that "the American people should have a voice" in who would be the next Supreme Court Justice during the 2016 Presidential election.

In the meantime, even after the voice of AL voters seems to have quite clearly said they want to be represented by a Democrat in the U.S. Senate, Moore suggested on Tuesday night that he may hold out for a "recount" of paper ballots processed by computer scanners across the state. AL's Sec. of State John Merrill told CNN Tuesday night that Moore has the right to do so, but election statutes in the state seem to say otherwise.

We're joined today by veteran recount expert, attorney, author and professor CHRIS SAUTTER of American University, to discuss all of this. Sautter, formerly an adviser to Barack Obama, Bernie Sanders and many other Democrats, worked on the recount efforts by Al Gore in Florida in 2000 and Al Franken in Minnesota in 2008, among many other such efforts going back decades.

"I've been doing recounts now since the 1984 [U.S.] House recount in Indiana that was ultimately decided by 4 votes --- still the closest House race in modern times," Sautter tells me. "One thing I've observed is that in the heart of the narrowly-defeated candidate lies the belief that he actually won or at least the hope that a recount will somehow salvage a victory. It's another way of describing denial in an election that is close, heartbreakingly close, for the loser."

Sautter was also part of the team supporting the multi-partisan lawsuit recently filed in Alabama in hopes of forcing the state to retain digital "ballot images" created by their paper ballot computer scanners. Those images, many election integrity advocates argue, can be useful for public oversight of results, particularly in states like Alabama which make it virtually impossible for citizens to oversee tabulation of paper ballots, and which simply rescan them through the same computers a second time in the rare event of a "recount".

As we have been reporting, the transparency advocates who filed that lawsuit appeared to have won it on Monday afternoon, but by Monday evening, in a ruling that Sautter describes as "extraordinary" the night before the Election, the Sec. of State was successful in convincing the state Supreme Court to allow counties to destroy those "ballot images" altogether.

Sautter offers insight, among other things, as to Moore's chances of success in a potential "recount" (and of being allowed to have one at all under state law); on the bizarre circumstances under which the AL Supremes reversed the lower court's "ballot images" ruling at the last minute without input from the plaintiffs; and how he and other election integrity advocates hope to take their fight for transparency nationwide in 2018.

Finally, while Jones' apparent victory on Tuesday may have been good news for Democrats, Alabama, the nation as a whole (and even the Republican Party), we explain why what happened on Tuesday actually serves as a startling reminder of just how rigged against Democrats the electoral system is as they prepare to head into next year's crucial mid-term elections...

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On today's BradCast: A last minute ruling by the Alabama Supreme Court, without plaintiffs even present, will allow the state to destroy electronic "ballot images" created by the state's digital computer ballot scanners in Tuesday's special election. Also, was it the fake news or the real news that tipped last year's Presidential election? [Audio link to show follows below.]

In Alabama, computer tabulators determine the intent of voters (either correctly or incorrectly), as cast on hand-marked paper ballots from Tuesday's highly contentious U.S. Senate Special Election between Republican Roy Moore and Democrat Doug Jones. The state Supreme Court, in a late ruling on Monday, issued a stay [PDF] that effectively reversed a lower court order [PDF] on Monday. That order had required all digital scanners in the state to be set to retain all such images created by the system as ballots are scanned through it. The stay now means that only in the exceedingly rare event of a hand "recount" of paper ballots will the public be able to oversee elections results to determine if the computers got it right on Tuesday.

We've been covering this issue for some time. (My original interview last week with election integrity and transparency advocate John Brakey, who helped organize the AL lawsuit is here.) Yesterday, it looked like a win for Brakey and the multi-partisan plaintiffs who filed in court to demand the state's retention of all digital images for inspection by the public, as per federal law requiring all election materials be retained for 22 months. But late on Monday, Secretary of State John Merrill and Alabama's state Election Administrator Ed Packard argued their case [PDF] ex parte (in otherwords, alone, without the plaintiffs there or allowed to respond) and received a favorable ruling from Roy Moore's old colleagues on the court. (Moore was formerly a State Supreme Court Justice, until twice being removed for failing to follow federal court orders.)

I spoke with Brakey and attorney working on the case, Chris Sautter, earlier today, as well as other experts. I've got details on their comments, and from the court documents, on today's show. Essentially, the state argued that state election officials didn't have jurisdiction to order county election officials to turn on the software switch on the scanners to retain all ballot images, and that doing so at the last minute, as the Circuit Court ordered on Monday, would "cause confusion among elections officials and be disruptive to" the election on Tuesday. That, even though the Circuit Court judge found it wouldn't cost the state anything to do so and that failing to turn on the setting that retains the images would lead to irreparable harm to the plaintiffs. Sautter tells me the state did not make the case for last minute confusion during the lower court arguments.

I suspect we'll have much more on that and on other problems reported at the polls today, on tomorrow's BradCast, along with whatever results --- accurate or inaccurate (who knows?) --- that the computers may report by then.

Then, after a flurry of fake news over the weekend during the final run-up to Tuesday's U.S. Senate election in Alabama, we discuss an alarming new study analyzing the effect of both real and fake news during the run-up to last year's Presidential election. Was it so-called fake news and Russian Facebook ads that gave Donald Trump the edge to defeat Hillary Clinton last year? Or, was it a failure by the mainstream corporate media --- the "real news" --- to responsibly cover important issues that the electorate needed before casting their vote? DAVID M. ROTHSCHILD, co-author of the new study published by Columbia Journalism Review, joins us today to discuss their --- at times, remarkable --- findings.

I'd strongly urge you to read their full damning report --- particularly if you are of the mind that fake news and ads said to have come from Russia, turned this election --- because there are too many detailed and troubling findings in it for me to adequately summarize either here or during today's program.

But, to cite just one aspect of my conversation with Rothschild about the report's analysis of 150 front-page articles in the New York Times over the 69 days prior to last year's November election, he tells me: "150 stories. And of that, there were just 10 stories where they actually really touched on a specific policy initiative of either of the candidates, the ideal thing that you would want the 'paper of record' to be supplying to people. The vast majority of stories were miscellaneous campaign stories. Over 50% of them talked about the horse race. Very small percentages, 15% or less, actually talked anything about policy, with even smaller percentages actually talking about the policies themselves. It was all about the horse race, all about the scandals, not about the impact of the election itself on policy, which is ultimately why we have elections and ultimately defines the impact of these elections."

His study notes that in just six days right before the election, "The New York Times ran as many cover stories about Hillary Clinton's emails as they did about all policy issues combined in the 69 days leading up to the election." That said, ironically enough, as Rothschild notes, even the MSM coverage of the purported scandals was terrible, misleading and inaccurate as well! They, and we, never seem to learn.

Finally today, Desi Doyen joins us for our latest Green New Report, as unprecedented winter wildfires continue to ravage Southern California and as the Trump Administration continues to ravage the environment...

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On today's BradCast, we take a deep dive into the insane state of play in the final days before voters finally head to the polls in Alabama for the U.S. Senate special election between the Republican, twice-removed-from-the-bench judge Roy Moore and Democratic former US Attorney Doug Jones.

But first, a few quick news items today, including an update on the still-out-of-control Southern California wildfires; The mostly-failed terror bombing by an alleged ISIS sympathizer in the subway near Times Square today; news in the case of three white rightwing "militiamen" on trial for an alleged scheme to bomb a community of Muslim Somali refugees in Kansas. Their motion seeks to get more Trump-supporters from elsewhere in the state on their terror trial jury; New details on the school shooting (by another white guy) in New Mexico last week that took three lives, including that of the shooter. Despite FBI investigators interviewing the man last year after he is said to have left online comments seeking information on weapons to use in a mass shooting, he was able to legally purchase a semi-automatic pistol and high-capacity magazines last month anyway.

And then it's onto our deep dive into "deep red" Alabama and the state of the important Moore/Jones U.S. Senate election before Election Day on Tuesday. Among the issues covered on that front today:

• Election Integrity advocates obtained a big win on Monday morning, when receiving an order [PDF] from a state court requiring state election officials retain digital ballot images created by computer scanners tabulating the paper ballots used across much of the state. (My interview last week with John Brakey, the election integrity advocate who organized the court action, explaining why its necessary, is here.)
  UPDATE 12/12/2017: After a private ex parte motion (meaning, the opposition was not present) later in the day, by the defendants, AL's Sec. of State and State Election Director, the Alabama Supreme Court stayed the earlier Circuit Court ruling and set a hearing on the matter for later this month. That, effectively, means that ballot images will not be preserved after all. More on this remarkable late ruling on today's BradCast...
• Some last minute news on the anti-gay, anti-Muslim Moore, who has been accused by 9 different women of inappropriate sexual contact with them when they were teenagers (including one who was 14-years old at the time), on his belief that Constitutional Amendments which came after the ten in the Bill of Rights --- including those that ended slavery and gave voting rights to African-Americans and woman --- somehow violated the intentions of the nation's Founders;
• New polling from Fox "News" claiming to find the Democrat Jones up by 10 points over Moore on the eve of the election, and another new poll from Emerson finding Moore up over Jones by 9 points;
• How the entire race will come down to turnout, particularly in the African-American community, and whether they are allowed to vote and to have their votes counted as cast, given the state's Photo ID voting restrictions and other practices which Republican state lawmakers have been caught admitting to having designed specifically to suppress black and Latino voting;
• AL's senior Senator Richard Shelby, a fellow Republican, announces he could not vote for Moore, based on the allegations against him;
• And, finally, a remarkable focus group led by Republican pollster Frank Luntz for VICE News with so-called "conservative" Alabamians explaining why they plan to vote for Moore despite the allegations by nine different women against him...

Buckle up!...

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Among the stories covered on today's BradCast...with no small amount of gusto and an occasional comedic turn in an otherwise dark (and smokey) world...

• Devastating wildfires spread down the Southern California coast toward San Diego, in a record wildfire season that has lasted all the way into winter, as predicted by scientists at least a decade ago. Alas, few heeded their warnings;
• Clearly not heeding such warnings is Donald Trump who, according to a new AP analysis, is failing to appoint actual scientists to scores of Senate-confirmable, top scientific positions at multiple important federal agencies, from the EPA to the Energy Dept. to the White House itself;
• The former Chair of the CO Republican Party turned rightwing radio host, Steve Curtis, had claimed before last year's election that "virtually every case of voter fraud I can remember in my lifetime was committed by Democrats." Well, he was proven wrong in court this week as he, himself, is found guilty of....you guessed it. (His failed excuse for it is equally astonishing.)
• And, speaking of...on the eve of Tuesday's much-watched U.S. Senate special election in Alabama, multi-partisan Election Integrity advocates file suit to force the state to retain "ballot images" from the state's paper ballot digital-scanners. New York Daily News' Editorial Board joins them in that call...for very good reason. (My interview several days ago with the longtime election integrity champ, John Brakey, who helped organize the lawsuit and effort, is right here.)
• After a spate of mass shootings, Congress finally moves some gun legislation forward, as Republicans in the U.S. House do the bidding of their terrorist-enabling NRA masters in passing a bill to expand the right to carry concealed deadly weapons into states whose laws prohibit it;

And, finally today, we end with some listener e-mail on a few of the topics we've covered on recent shows from guns to the Democratic Party to Trump/Russia...

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On today's BradCast: Are Democrats falling for all of these rightwing traps? Or are they willingly walking right into them...because they want to? [Audio link to show follows below.]

After a few news headlines today --- Australia's parliament finally adopts marriage equality; the white Charleston, SC cop who killed unarmed black man Walter Scott receives a 20 year sentence; another school shooting, this time in NM --- we move on to Sen. Al Franken (D-MN)'s announcement today on the floor of the U.S. Senate that he plans to resign "in the coming weeks".

The stunning announcement by the popular and dogged comedian-turned-Senator comes after fellow Democrats this week called for him to step down in the wake of several allegations of sexual misconduct said to have occurred before he became a U.S. Senator. Franken, who has been a champion for women's rights during his time in the Senate, maintains he either doesn't recall the incidents at all or remembers them quite differently than reported. He has described the most recent charge leveled against him this week by an unnamed victim, said to have been a Congressional staffer in 2006, as "preposterous". Nonetheless, while expressing confidence he would have been cleared by the Senate Ethics Committee of any wrongdoing, he says he will now step aside before that probe was even able to begin in earnest.

We share excerpts of Franken's remarks on the floor today, which include, as he notes, "some irony in the fact that I am leaving while a man who has bragged on tape about his history of sexual assault sits in the Oval Office and a man who has repeatedly preyed on young girls campaigns for the Senate [in Alabama] with the full support of his [Republican] party."

So, did Democrats fall for another right-wing trap in pushing Franken out? It wouldn't be the first time. We discuss several such traps --- including one that MSNBC seems to have fallen for this week regarding progressive radio host Sam Seder, before wisely changing course two days later --- with longtime progressive writer and blogger GAIUS PUBLIUS, who wrote earlier this week about Democrats falling, yet again, into the Republicans' "deficit trap" regarding federal spending on military and social programs. We debate why and whether Democrats fall into these rightwing traps or if they willingly choose to walk into them, for some reason.

"Why is it that Democrats seem to be one foot in the Republican camp and afraid to be too much in opposition, and one foot in the Democratic camp and not so fully pro-democratic values as we'd like them to be?," Publius observes as we discuss Franken, the 'deficit trap' and more. "I would argue that it's not fear. We're not dealing with cowards here. We're dealing with people who are, in some sense, compromised by their own values. Their own values are putting them in this position where they can't please anybody."

There's lots to chew on in today's conversation on these topics!

Finally, Desi Doyen offers our latest Green News Report as wildfires continue to rage near us here in Los Angeles, and as several breaking news items, related to all of the above, break late during today's show...

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On today's BradCast: Another day, still more chaos in these United States, threatening to all but drown out two major civil and privacy rights cases heard this week by the U.S. Supreme Court and covered in detail on today's show. [Audio link to full show is posted below.]

But first, Desi Doyen joins us for an update on the out-of-control wildfires in and around Los Angeles today, threatening tens of thousands of structures and many more residents, who have been forced to flee several large blazes fueled by dry conditions and record winds. Also in danger: Animals, priceless works of art and one of Rupert Murdoch's mansions.

Next, calls from fellow Democrats for Sen. Al Franken to resign blew up on Wednesday in the U.S. Senate, after another unnamed woman reportedly stepped forward to claim the Minnesota Senator tried to kiss her after a radio program back in 2006. Franken denies the claim and calls it "preposterous", but may be forced to resign anyway on Thursday, less than one week before Republicans in Alabama may elect Roy Moore, an accused child molester, to the same U.S. Senate. Desi has a few choice thoughts on the Franken matter as well.

Then, we're joined by Slate legal reporter MARK JOSEPH STERN, to discuss two important cases heard at the U.S. Supreme Court this week. Stern, who was at the Court during oral arguments for both, explains what is at stake in each, and how the Republicans' blatantly stolen seat occupied by Justice Neil Gorsuch will radically effect each case.

The first, Carpenter v. United States has to do with the U.S. Government's argument that law enforcement has the right to obtain anyone and everyone's cell phone location data, even without obtaining a warrant from a court first, in what appears to be a clear violation of the U.S. Constitution's 4th Amendment privacy rights for freedom from unreasonable search and seizure.

"The case almost sounds too crazy to be true," Stern tells me, detailing the Government's argument that "because customers voluntarily turn over the data to a third party --- their cellphone companies," which keeps records of which cell phone towers are used and by whom, customers "have no right to privacy with regards to that information."

The second, Masterpiece Cakeshop v. Colorado Civil Rights Commission is an even more insane "free speech" and "religious expression" case. It was brought by a virulently anti-gay baker in Colorado who claims his bakery shop has the First Amendment right to discriminate and refuse to sell a cake to two men celebrating their same-sex wedding. The Colorado Civil Rights Commission and the state courts disagreed with the baker, Jack Phillips of Masterpiece Cakeshop, who appealed to the U.S. Supremes. Surprisingly they took up the case after Phillips was also joined by Trump's U.S. Department of Justice over the summer.

Stern details the liberal Justices' skeptical (and even hilarious) questioning of whether Phillips' argument that he is an "artist" exercising creative free speech --- not blatant discrimination --- could also be extended to florists and hair stylists and make-up artists, among many others.

"This is an embarrassment," says Stern. "What happened here is a clear-cut case of discrimination." He also highlights one key irony underscoring the entire case: "The Supreme Court's conservative justices have really been lecturing gay people for years that they should stop turning to the courts to vindicate their rights and, instead, go through the democratic process to secure their equality under law. And here we have a case of gay people doing exactly that. Gay people in Colorado fought long and hard to change the law to protect their right to equal service in public accommodations. They succeeded. And now, those same Supreme Court conservatives who said you have to do this through democracy, are now poised to say, 'Actually you don't get to this,' and nullify the rights that they secured through the democratic process."

Depending on how Justice Kennedy decides in a likely 5 to 4 opinion one way or another --- on a case that would have been a cake walk for civil rights advocates before Republicans stole the Court majority --- what could very well result is legalization of mass discrimination of people of all races, religions and sexual orientations by any and all manner of businesses in the U.S. for decades to come...

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On today's BradCast: If Donald Trump and fellow Republicans have their way, an accused child molester will become the next U.S. Senator from Alabama. But, in advance of next Tuesday's election, election integrity advocates are fighting to assure the possibility of oversight of the state's computerized election results. [Audio link to show is posted below.]

But first up today, new wildfires exploded across parts of Southern California on Tuesday, in Ventura County and near Los Angeles, mirroring some of record fires that engulfed Northern California win country in October. Those fires killed more than 40 people and destroyed thousands of structures. While no deaths have yet been reported in the new blazes, tens of thousands of residents were forced to flee in the middle of the night and scores of houses have burned with thousands remaining threatened, as dry conditions and record winds are predicted to continue for several days.

Meanwhile, in Congress, allegations of sexual harassment continue to take a toll, as civil rights champion Rep. John Conyers (D-MI), the longest serving member in the U.S. House, announced his resignation on Tuesday, following multiple allegations against him. On the other side of the aisle, Rep. Blake Farenthold (R-TX) says he will repay the $84,000 Congress paid out to settle a 2014 sexual harassment claim against him. Unlike in Conyers' case, no members of Farenthold's own party caucus have publicly called on him to resign.

And, following Donald Trump's full-throated endorsement of Alabama's Republican U.S. Senate nominee Roy Moore on Monday, the Republican National Committee has now restored funding and other resources for Moore, after previously pulling support in response to well-sourced allegations of sexual impropriety with a number of teenage girls, as young as 14, when he was a prosecutor in his 30s. Sitting GOP Senators --- like Utah's Orrin Hatch and Majority Leader Mitch McConnell --- have also walked back their initial condemnations of Moore, particularly as final passage of a massive Republican redistribution of wealth from the middle-class to the rich still relies on a thin partisan majority in the U.S. Senate. That, even as new evidence emerges to buttress the allegations against Moore.

Then, in advance of that December 12th U.S. Senate Special Election between Moore and Democrat Doug Jones next Tuesday in Alabama, election integrity advocates are eying concerns about the state's paper ballot computer tabulators.

I'm joined today by longtime election integrity champion JOHN BRAKEY of AUDIT-AZ to discuss his lawsuit and other efforts to force Alabama election officials to turn on digital "ballot imaging" functionality for all ballots on the state's computer ballot scanners, most of which offer the feature. Brakey explains how such images, in lieu of actual human examination of hand-marked paper ballots, can be helpful for public attempts at oversight of results following next week's race, particularly given the historic obstacles citizens have been met with in attempting to verify computer tabulated results.

(See, by way of just one example, my recent interview with Wisconsin's Karen McKim, whose public records request finally allowed, just weeks ago, a multi-partisan group of observers to examine paper ballots from the 2016 President election. That audit of several precincts in Racine County, paid for by the residents themselves, revealed up to 6% of perfectly valid Presidential votes went untallied, thanks to flawed optical scan systems used across the state on Election Night and, in much of the state, even during even during Green Party candidate Jill Stein's attempted "recount". Other wards which tallied by hand instead during that "recount" discovered as many as 30% of valid votes went untallied originally!)

Brakey explains that some 80% of Alabama counties now use newer digital scanners which would allow ballot images to be retained and shared with citizens to examine after the election, to help ensure an accurate count. But, he tells me, relaying his recent conversations with the state's Election Director, "the reality is that it doesn't work unless you turn that feature on." Right now, he says, it is only turned on for write-in votes only. Brakey charges, however, that automatically deleting images that are taken of every ballot as they are tallied by the digital systems, is a violation of federal law. "It's a federal election, and under federal law, you must save everything for 22 months," he says. He is heading to Alabama today and says he will file suit to force the state to retain all such images.

Why not just fight to view the actual paper ballots? Brakey explains: "You cannot get at the original ballots. They will not let you touch them. In order to get to them, you have to prove fraud first. And how are you going to prove fraud if you can't get to the ballots? That's the Catch-22. The ballot images are a tool to get us to the originals."

You can watch the colorful and inspirational Brakey in the film Fatally Flawed, documenting his years-long transpartisan fight in Tucson, Arizona, in hopes of examining the ballots from and verifying results of a controversial 2006 election. And you can donate to help Brakey's fight for Ballot Images in Alabama (and elsewhere) right here.

Finally, Desi Doyen joins us for the latest Green News Report on Trump's unprecedented (and Orwellian) roll back of protected national monument designations by former Presidents, and much more...

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