Now, even the Cyber Ninjas agree that Donald Trump lost, and by more than originally thought. The full, final, long-awaited report is set to be released on Friday in three different "volumes" in which they hope to bury the lede. But we've got the breaking skinny, exclusively reported for you on today's BradCast. [Audio link to full show is posted below this summary.]

According to a months-long, so-called "forensic audit" and hand-count of more than 2.1 million ballots in Maricopa County (Phoenix), Arizona from the 2020 election, not only did Joe Biden defeat Trump, as previously reported by the County and the state, the private partisan company hired by the GOP state Senate to carry out the exercise, found that Biden actually received more votes over Trump than originally reported.

Information obtained just minutes before airtime today, reveals that the months-long "audit" by the far-right, partisan, conspiracy-promoting Florida company named Cyber Ninjas, headed up by CEO Doug Logan, determined that Biden's vote total in the state's most populous county was actually larger, by about 100 votes, than the certified numbers, while Trump's total decreased by more than 200.

The certified results in Arizona determined that Biden defeated Trump by about 10,000 votes statewide, and by some 45,000 votes in Maricopa.

The Ninjas' "clown show" hand-count was paid for partially with Arizona taxpayer dollars, along with millions in private donations raised from duped Trump supporters who believed his claims that the election was somehow rigged in the state with the help of Dominion's voting and tabulation computers. The post-election review was carried out largely without public or media oversight, but it found numbers remarkably similar to those initially tallied by the County's Dominion tabulators, as previously reported by Maricopa County and certified by the state.

Similarly, the Ninjas' hand-count of the U.S. Senate race between Democrat Mark Kelly and then Republican Senator Martha McSally --- the only other statewide race won by Democrats last year --- found an increase in the margin of the Democrat over the Republican. In the Senate contest, both candidates lost a small number of votes compared to the County's certified computer tally, according to the numbers the Ninjas are set to report publicly on Friday. While Kelly lost fewer than 100 votes in the private hand-count, McSally lost more than 500.

The final report, scheduled for its long-awaited release tomorrow, will include three different volumes. Volume I is said to include the Ninjas' "Executive Summary & Recommendations". Their recommendations, as we have learned, are fairly standard recommendations for ways to improve local procedures, similar to recommendation often made by actual longtime Election Integrity advocates in previous elections in both Arizona and other states. The second volume of the report details "Operations and Methodology" claimed to have been used by the Ninjas. And the third, by far the largest and most detailed, is titled "Results Details".

It is not until the third volume of the report that the Ninjas finally get around to detailing the actual results of their hand-counts as compared to the County's tally. They almost precisely confirm the originally reported official results of both the 2020 Presidential and Senatorial races in Maricopa County. There still may be some changes made to the report before the final version is released on Friday.

I suspect we'll have more details on all of this in the coming days, since today's program began just minutes after we obtained a large amount of the data, which we work through on air.

What is clear, however, is that Republicans who were told that the election in Arizona was somehow manipulated, were lied to. From our review of the Ninja's information, there remains zero evidence of fraud that might have altered the ultimate results in either the county or the state. Nonetheless, based on the theatrical performance put on by the Ninjas beginning in April and continuing over the past five months, Republicans in states across the country are now planning similar, taxpayer funded exercises to review the results of the 2020 election. They may be as disappointed as the Ninjas and those who gave them their money.

If the Arizona findings are echoed elsewhere, the Republican Party is on the verge of wasting a whole lot more taxpayer money, along with millions in private donations that their "forensic audit" proponents are currently raising to fund those similar investigations.

Beyond that on today's program, we cover, in some detail, the Congressional GOP's dangerous threat to force a default on the good faith and credit of the U.S. Government. Senate Republicans are currently vowing to block an increase in the nation's allowable statutory debt limit before the U.S. runs out of borrowing power to cover bills for stuff approved by Congress (both Republicans and Democrats) long ago. That, as Republicans in the Senate also threaten to force a full government shutdown as the new fiscal year begins on October 1.

We've got a lot of detail on that shameful, reckless and under-reported mess today, as Republicans, once again, hold a nation hostage to their demands...even if, this time, they don't seem to actually be making any. They appear to simply be causing havoc and potentially costing the U.S. economy trillions, simply because they can.

Finally, Desi Doyen joins us today with our latest Green News Report, as President Biden calls for unified climate action at the U.N. and as China vows to end international financing of coal plants, and much more...

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CORRECTION 9/23/2021: In the article above, I initially misidentified Cyber Ninjas' CEO Doug Logan as Doug Jones, who, unlike Logan, is an actual voting system and cybersecurity expert. Another Doug Jones is the former Senator from Alabama. Also, while going through the just obtained information live on air, I misspoke at one point to say there were some 4 million ballots cast in Maricopa. In fact, as I noted elsewhere during the show, there were 2.1 million ballots cast in the County last November. I had misread, on the fly, some of the data showing 2.x million votes tabulated by the County originally and 2.x million tabulated by the Ninjas. I read that on the fly on air as 4 million votes total (incorrectly seeing those numbers as one row for Trump and the other for Biden, when they actually were for each of the two different tallies.) My apologies for both errors!

UPDATE 9/24/2021: National media picks up this story several hours after our scoop. Full details now here...

UPDATE 10/5/2021: Election audit expert tells us that even the results reported above by the Cyber Ninjas are not to be trusted. "The Ninjas made up the numbers out of whole cloth." Full details now here...

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Yes, we've got a little something for everyone today on The BradCast. We even crank things up to 11 at one point. [Audio link to show follows below.]

Among the stories covered on today's program (as voters headed to the "polls" on Tuesday in Arizona, Kansas, Michigan, Missouri and Washington state --- available unofficial results on tomorrow's program!)...

DEATH & DESTRUCTION

• The latest on the record-breaking Hurricane/Tropical Storm Isaias. It slammed ashore in the southern part of North Carolina as a Cat 1 on Monday night and has been ripping straight up the East Coast ever since, drenching state after state as well as knocking out power for millions and spawning punishing tornadoes in several states along the Eastern Seaboard on its way toward New England;

• "The best obituary you can read," according to our friend John Fugelsang on The Twitters. It's heartbreaking, enraging and too true;

• On Monday night, Donald Trump signed an Executive Memo to slash federal funding for the National Guard's response to the crisis. The Guard has been operating testing sites, distributing food and medical supplies and helping to expand hospitals across the country, but will now receive 25% less federal funding under Trump's new order in most states. In some states, however, such as Texas and Florida (key to Trump's reelection hopes) the deployed troops will still enjoy full federal through the end of the year;

• A stunning interview with the President by Jonathan Swan of Axios on HBO --- that many are comparing to the satirical VEEP today or even the classic mockumentary This is Spinal Tap --- aired last night. We share one of the gobsmacking portions of the interview featuring Trump's embarrassing, grade school-like excuses regarding the continuing national rise in COVID-19 deaths. And then the short, classic scene from Spinal Tap that so many are aptly comparing it to today;

• As the virus moves from major urban hot-spots into more rural (and less medically well-equipped) areas of the nation, The Prospect's David Dayen reminds us in his latest column that consolidation of hospital networks over the past decade has resulted in the closure of hospitals in many of those same, rural, under-served areas. 120 "unprofitable" hospitals in low-income communities have been shuttered since 2010, a crushing moral failure in the current American healthcare system that began long before Donald Trump came along to break it even more...along with everything else.

HOPE & CHANGE!

• Sen. Martha McSally remains on track to be the first Republican to lose not one but two U.S. Senate seats to Democrats in Arizona. New polling shows her trailing substantially behind presumptive Democratic nominee Mark Kelly this November, even as state Republicans appear set on Tuesday to nominate the woman appointed to fill the seat of the late John McCain in 2019 instead of her GOP primary rival who polls better against Kelly. But Kelly's lead over McSally is tightening according to some recent surveys;

• Senator Mitch McConnell in Kentucky and Tommy Tuberville in Alabama, according to new polling, both now enjoy double-digit leads against their Democratic opponents this November. That would be Amy McGrath in KY and Sen. Doug Jones in AL. But with McConnell's national approval ratings slipping as he fails to coalesce his GOP caucus in Congress around another round of desperately needed coronavirus emergency relief, anything could still happen;

• And, speaking of how anything could happen, one of Trump's top acolytes in the U.S. Senate, Lindsey Graham, is now statistically tied with his Democratic challenger Jaime Harrison in South Carolina. Yes, in South Carolina! The incumbent Graham currently holds just a 1-point lead over Harrison in a new Morning Consult poll released on Tuesday. That is well within the poll's 4-point margin of error. Other recent polls give Graham a wider lead over Harrison, though not an insurmountable one, as the once long-shot Democratic challenger continues to out-raise Trump's toady in the Palmetto State.

DEATH & DESTRUCTION + HOPE & CHANGE!

• Finally, Desi Doyen joins us for our latest Green News Report, with more on the record-breaking Hurricane Isaias; Disturbing news about storm impacts now moving further inland as the climate changes; and 15 states are now giving Donald Trump a sad by mandating a move to all-electric trucks and buses...

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On today's BradCast: New insight on the nearly 50-year long effort to abolish and/or privatize one of the nation's most-beloved, 250-year old institutions. Just another disaster waiting to happen under the Presidency of Donald J. Trump. [Audio link to full show is posted below this summary.]

First, however, today's show is once again shaken up by breaking news. But some of it, at least regarding Justice Ruth Bader Ginsberg --- who has now been released from the hospital and said to be "doing well" --- is good news. The hack of top Twitter accounts today, including Joe Biden's, Barack Obama's, Bill Gates', Elon Musk's and many others, is not such good news. If a multi-billion dollar company like Twitter can't protect its own servers from hackers, how do you suspect local election officials will be doing this November when it comes to protecting complicated computerized voting, tabulation and registration systems?

Speaking of elections, first-term Republican U.S. Congressman Steve Watkins of Kansas was charged on Tuesday night with three felonies charges and a misdemeanor related to voter fraud after he registered to vote (and then did so) using an address at a Topeka UPS store, where he obviously does not actually live.

Donald Trump committed nearly identical voter fraud crimes. Last year, he also specified an address where he does not live --- a commercial business in Florida (Mar-a-Lago) --- as his "legal address" for voting purposes on his voter registration application [PDF] in the Sunshine State, and unlawfully voted via absentee ballot there this year. Rep. Watkins may go to jail for the same crimes that Trump committed. Will Trump be charged with felonies as well?

And, speaking of voting by mail (lawfully or otherwise), that may also be threatened this year, even as states are expanding access to mail-in voting due to the coronavirus pandemic. A new, Trump-appointed (and wholly unqualified) Postmaster General has just been seated and, this week, sent a series of disturbing memos to all Postal Workers directing them, essentially, to slow down mail delivery and stop all overtime work, even with package delivery (often of much-needed medication and other quarantine-necessary supplies) rapidly increasing during the COVID crisis.

Louis DeJoy, a Trump donor and our new Postmaster General, has postal workers, including hundreds of thousands of union workers, up in arms about the new mandated slowdowns that will accomplish little more than giving a competitive boost to FedEx and UPS, two of the USPS' top private competitors. That, as it turns out, is likely the whole point, according to our guest today, LISA GRAVES of True North Research. Last week, Graves published an 18-page brief [PDF] at In The Public Interest on the billionaire who has been behind what is now a nearly 50-year effort to privatize the Postal Service.

That billionaire is none other than Charles Koch who has spent decades recruiting a rogues gallery of hard-right "libertarians" and Republicans, beginning in the 1970s, up through the Reagan and Bush Administrations, and now into the Trump Administration, to undermine the USPS despite its mandates specified by the U.S. Constitution and the fact that it is among the most popular and important institutions in the nation.

"Charles Koch has mapped out a very dystopian view of America, and has tried to push it into reality," Graves says, and he and his cronies have been successful. "They oppose having public transportation. They have oppose Amtrak, and any kind of public train system. They want public airports to be sold to the highest bidder and operated by the private sector. It's just one thing after another, including public parks! National parks, local parks, public parks --- these are all anathema to these very fringey rightwing libertarians who have been fueled and funded and stoked by Charles Koch and his billions from Koch Industries."

Graves, a former Deputy Asst. Attorney General at the U.S. Dept. of Justice, has been researching and documenting the billionaire Koch's rightwing ideological agenda for years, as he and his late brother David, have worked to undermine and/or buy our democracy and most important public institutions. Her new exposé on Koch and cronies' decades-long effort to kill and/or privatize the USPS is another critical chapter of that important work, and one that highlights, as she describes it today, a perfect "marriage between [his] ideological agenda and greed".

With the USPS now on the brink of insolvency, thanks to the COVID crisis --- and, even more, the 2006 Postal Accountability and Enhancement Act (PAEA), championed at the time by Koch-backed Sen. Susan Collins (R-ME), which handcuffed the independent federal agency --- things could get much worse for the Service very quickly.

Describing Louis DeJoy, Graves tells me today, "It's irresponsible and reckless for them to have put this partisan hack, this Republican fundraiser, at the helm of the Postal Service at the time that it's facing such a great need to have a leader who is committed to it as a truly public institution, versus someone who is behaving in this predatory way to try to basically ruin the Postal Service and push it toward the idea that it should be a for-profit company. It's in the worst possible hands at the worst possible time." But, of course, that is largely the point.

"If it's destabilized right before the election, that sort of destabilization could not happen at a worse time. But it would be convenient for a Trump ally to destabilize it, since Trump is trying to attack the very idea of Vote-by-Mail," Graves warns, along with much more in a must-listen conversation today.

Finally, a few quick words on Tuesday's primary election and runoff results in Alabama, Texas and Maine where, by the way, Sen. Susan Collins will be facing her most difficult re-election bid ever this November against Democrat Sara Gideon, who appears to have sealed up the Democratic nomination to run against Collins in Maine on Tuesday...

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It's special coverage of three different historic events --- all at once, somehow --- on today's BradCast. It wasn't easy, but it was a very lively show in dark times nonetheless! [Audio link to show is posted below.]

We're joined today by old friends who, unlike the corporate media pundits and professional political operatives and academic geniuses, have been right over and over and over, for years, about pretty much everything. For some reason today, that is very comforting. HEATHER DIGBY PARTON and TOM SULLIVAN, both of whom can be found each day writing at Digby's Hullabaloo, work through all of today's nightmares with us. Parton, an award-winning opinion journalist can also be found as a regular contributor to Salon. Sullivan, a North Carolina writer and resident is also a grassroots organizer in the state, whose "For the Win" training guide for countywide Get Out the Vote operations should be required reading for every so-called "professional" Democratic party strategist in the nation.

First up on today program, it's the ugly, bitter State of the Union address, filled with demostrable lies and cheap, offensive TV game show stunts, as delivered by Donald Trump on Tuesday night, and literally shredded thereafter by House Speaker Nancy Pelosi.

Next, it's the shameful historic acquittal by cowed Republicans in the U.S. Senate, just before airtime on Wednesday, of the proven-guilty President on both of his Articles of Impeachment, and some Senators from both side of the aisle who deserve notice for their votes.

Finally, it's the continuing fallout from the disastrous use of untested, secretly-developed, non-transparent technology --- despite warnings from experts (and, yes, us) --- in Iowa's Democratic Caucuses on Monday, where we still only have partial results reported by the Iowa Democratic Party as of today. We discuss that disaster and who may be the winners and losers from Monday's contest, along with all of the other disasters and what they should mean for the candidates, the 2020 nominating cycle and the critical, last chance general election now on America's horizon...

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(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Senate Republicans ridicule climate solutions, as Democrats fight back during Green New Deal stunt vote in the Senate; New Mexico and Puerto Rico set targets for 100% renewable electricity; Replacing US coal with renewables today would save customers millions; PLUS: Big Oil has spent a billion on climate lobbying and ads since the Paris Climate Agreement... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Video: Ocasio-Cortez’s righteous — and accurate — anger about poverty and the environment; Interior Nominee Intervened to Block Report on Endangered Species; Republicans grasp for a climate change message; Jury Awards $80 Million In Damages In Roundup Weed Killer Cancer Trial; New Jersey Sues Chemical Companies To Pay for Pollution Damages; A Climate Migration Crisis Is Escalating In Bangladesh... PLUS: The Doomsday Vault’s home is already altered by climate change. A report says it could get worse.... and much, MUCH more! ...

Today on The BradCast: On the 47th anniversary of the Nixon White House creating its then-confidential "enemies list" featuring, among others, many members of the media, Donald Trump's intensifying attacks on the press have now resulted in a majority of Republicans (51%) believing that the press is the "enemy of the people" rather than "an important part of democracy", according to a new Quinnipiac poll finding just 36% of self-identified GOPers agree with the latter. [Audio link to show is posted below.]

(Though I've also got a few thoughts and, perhaps, a warning on today's show regarding what to make of polling of self-identified Republicans these days. I think it's very possible our polls may now be broken, as we discuss a bit today.)

In response to the repeated and worsening attacks on the press by the President of the United States, some 350 newspapers today issued editorials in support of press freedoms. We join them in calling for support of media outlets --- particularly local newspapers and independent outlets --- who are struggling to stay alive and, yet, are needed more now than ever. (Yes, we too welcome your support for the same reason.)

That, as evidence continues to come to light underscoring the lies told to the American people by Donald Trump and the GOP while selling their tax cuts for the rich and corporations to the American people. In fact, those tax cuts won't not "pay for themselves" (the federal deficit this year will now be close to $1 trillion, thanks to plummeting revenue to the government in the wake of the cuts to the wealthy and corporations), nor have they increased wages for members of the working class (who are now making less than they did before the cuts, thanks to inflation and pay that has remained largely stagnant for workers.)

Less than three months out from the crucial 2018 midterms, Trump's tariffs and trade wars are continuing to worsen their toll on workers as well. Factories are shutting down or moving jobs to Mexico and other "off shore" locations in order to survive new added costs of tariffs on imported manufacturing supplies from China and elsewhere.

And, speaking of con jobs by this President, a new report finds his planned military parade, scheduled just days after the upcoming midterm elections, is now estimated to cost taxpayers some $92 million. That is some $80 million higher than a report on the parade's estimated cost last month, which was "only" $12 million at the time. That lower price tag is almost as much as the cost of military exercises with South Korea that Trump cancelled after his recent summit with North Korea's Kim Jong Un because, at $14 million, they were "tremendously expensive" and, he tweeted, "we save a fortune" by not holding them. (Shortly after we got off air today, new reports suggest the military parade will now be postponed until 2019...if it's ever held at all.)

Also today, before we get to today's Green News Report', a brief tribute to the life and civil rights legacy of Aretha Franklin, the beloved "Queen of Soul", who died today at the age of 76.

Then, Desi Doyen joins us for our latest GNR, in which --- among many other stories --- Interior Dept. Secretary Ryan Zinke is revealed as a liar for promising, upon taking office, that public lands would not be sold off. In fact, as reported this week, his Department has now drawn up draft plans to do exactly that.

So, if you're keeping track this week, the President of the United States has called the press "the enemy of the people" and "very disgusting", while the head of his Interior Department has called mainstream environmental groups "terrorists". But it's Democrats, we are told, who are being uncivil in their response to this Administration.

Finally, a disturbing follow-up to today's GNR for people who eat food, after last week's $289 million jury award to a man with terminal cancer, after determining that Monsanto knowingly sold toxic RoundUp weed killer despite studies finding that it causes cancer. And, in related news, recently obtained internal EPA emails reveal that its disgraced and now former chief Scott Pruitt's staff were very concerned about formaldehyde used in a desk they were considering purchasing for his newly remodeled office, even as the agency blocked the release of a public report highlighting the dangers of the very same carcinogen in public drinking water...

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After yet another exhausting and harrowing week in Donald Trump's America, as the Doomsday Clock inches closer to midnight, we try to lighten things up a bit, at least comparatively, on today's BradCast --- even if it's not always easy. [Audio link to show follows below.]

Among the many stories covered on today's program...

• A few words about Donald Trump's reported attempt to fire Special Counsel Robert Mueller last June before chickening out, which the President describes today as "fake news";
• Republicans are now, literally, trying to block democracy by preventing elections from happening at all. Gov. Scott Walker in Wisconsin and the GOP-controlled Alabama state legislature provide just the two latest examples;
• Kansas' failed Governor Sam Brownback has, apparently, failed up, with an appointment by the Trump Administration, confirmed this past week by the U.S. Senate, after Vice President Mike Pence was brought in to break the tie vote in Brownback's favor;
• Speaking of failures in the state of Kansas, their Secretary of State Kris Kobach, a long-time GOP "voter fraud" fraudster and now candidate for Governor, enjoys still more shame and ignominy this week, as it was discovered that he exposed private information, including the last four digits of social security numbers for thousands of state officials and employees --- including his own! --- on an unprotected Internet page;
• The Guggenheim Museum declines to loan a valuable Vincent van Gogh painting to Donald and Melania Trump for use in their White House residence, but offers a solid gold alternative that seems perfect for the first family;
• And, speaking of the first family, Trump's recently reported hatred of sharks --- revealed by adult film actress Stormy Daniels in the wake of revelations of her alleged affair with Donald Trump and $130,000 hush-money payoff just before the 2016 election --- has resulted in an outpouring of donations to shark charities across the nation and the world! See? Donald Trump can do some good in this world after all!

Finally, speaking of donations, as we celebrate The BRAD BLOG's 14th Anniversary this week (thanks to those who have stopped by BradBlog.com/Donate), a plea to support ALL independent progressive media, including whatever station or outlet you may use to enjoy listening to The BradCast every day!...

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We're back on today's BradCast after a brief New Year holiday break! But it wasn't entirely a break, as Alabama's Secretary of State John Merrill decided to launch a bizarre Twitter exchange with me over the holiday weekend. [Audio link to show follows below.]

The conversation included the state's chief election official repeatedly (and inaccurately) insisting that Alabama's paper ballot computer scanners do not "capture" scanned ballot images that can be retained by the system for review by the public after an election. He is wrong, as I politely noted during the conversation.

In fact, Merrill almost certainly knows he is wrong, since he actually went to the State Supreme Court to block an order by a lower court, issued the day before the December 12th U.S. Senate Special election between Democrat Doug Jones and Republican Roy Moore, to instruct all county election officials to set their computer scanners to retain all captured ballot images! [We discussed that multi-partisan lawsuit with one of the organizers, John Brakey, before it was filed, and again with one of the plaintiff attorneys, Chris Sautter, after the order was blocked by the state Supreme Court, allowing counties to destroy their captured ballot images.]

Nonetheless, after I questioned Merrill about the inaccurate information he was offering to the public, he decided to block me on Twitter, rather than admit that he had misinformed the public. Here's a PDF that reconstructs as much of the conversation as I could, given that I'm now blocked by him, so can't easily see his Tweets. Moreover, he also deleted a number of his own Tweets after he blocked me, and he repeatedly broke the conversation thread throughout. So, that PDF reconstruction will have to suffice for now to give you an idea of what at least one Twitter user accurately described as a "bonkers" exchange!

It wasn't the first time Merrill would block journalists, election law experts, or even his own constituent voters on social media after someone dared to suggest that he was wrong about AL election procedures. We're joined today by JOSHUA A. DOUGLAS, professor of election and constitutional law at the University of Kentucky College of Law. He, too --- like me, and like UC Irvine election law professor Rick Hasen --- was blocked on Twitter by Alabama's Republican Sec. of State after asking a question, in November, about the state's election code.

"I said, it's not about lying, it's about asking questions of a public official running their elections, and the next thing I knew, I was blocked myself. So, kind of ironically, Merrill blocked me for questioning whether he should be allowed to block others on Twitter who were trying to interact with him about the election," Douglas explains. He wrote about the incident and why it matters at AL.com.

We discuss all of this bizarre behavior, and whether or not it's a violation of the Constitution when folks like Merrill and, yes, the President of the United States, block citizens from being able to read their social media comments. All of which makes what we do --- as journalists, legal professionals and, yes, voters --- more difficult and even Constitutionally problematic in a number of ways.

Also today: Despite Merrill's odd behavior before, during and after the election (Merrill supported Roy Moore), Doug Jones was sworn in to the U.S. Senate today after (apparently) defeating Moore to become the state's first Democratic U.S. Senator in some 25 years, narrowing the GOP majority to just 51 to 49. And, King of the Twitter Trolls, Donald Trump threatened nuclear war again with North Korean leader Kim Jong Un and social media had a huge laugh at Trump's comments about having a "much bigger" nuclear button than Kim. But is any of it --- including the threat of war between two nuclear-armed nations --- really all that funny?...

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On today's BradCast, one last battle over democracy before 2017 comes to a close, and an early look forward to the battles --- and, perhaps, "democracy's revenge" --- that lie ahead in 2018. [Audio link to show follows below.]

In his last minute bid to prevent final certification of the first Democrat to be elected to the U.S. Senate in more than two decades, Alabama's Republican candidate Roy Moore filed an 80-page lawsuit [PDF] late Wednesday night alleging massive "voter fraud" and other somewhat confusing irregularities are to blame for his December 12 Special Election loss to the Democratic candidate Doug Jones.

A state court judge quickly dismissed Moore's complaint on Thursday morning and Jones was certified shortly thereafter as having defeated him by nearly 22,000 votes out of some 1.3 million cast. Jones will fill the seat vacated by Alabama's former Republican Senator turned Donald Trump's U.S. Attorney General Jeff Sessions shortly after the new year.

We're joined today by long-time BRAD BLOG legal analyst ERNEST A. CANNING who largely dismisses the allegations detailed in Moore's suit. Though, as we discuss, the GOP may have themselves to blame for making it difficult, if not impossible, for federal candidates in Alabama (and elsewhere) to ensure the accuracy of computer-reported vote tallies, even when they are based, as in AL, on hand-marked paper ballots scanned by computer systems but never verified for accuracy by human beings.

Moore's complaint, Canning adds, is also deficient when it comes to presenting any actual hard evidence of fraud by voters. The controversial Republican cites statistical analyses focusing on high turnout in a number of African-American districts said to contrast with Exit Poll data, and the affidavit of one poll worker who claims she saw more out-of-state IDs than usual used by voters even though that's perfectly lawful under the state's strict Photo ID voting restriction. Beyond that, no hard evidence is offered by the complaint to prove that any illegal votes were cast in the election, much less thousands of them.

Then, we discuss two of Canning's recent articles at The BRAD BLOG, both looking forward towards what he describes as the possibility of "democracy's revenge" in 2018. In one, he details why every single Republican U.S. House member from California could be in jeopardy of losing their seat in the "deep blue" state next year. In the other, he lays out what he describes as "Revolutionary Strategies to End GOP Rule in 2018" across the nation.

The CA attorney and 2016 Senior Adviser to Veterans for Bernie also discusses the need for "political maturity" among both progressive and establishment Democrats alike, in order to effectively take on the GOP following the 2016 election of Trump and his compliant Republicans in Congress who, he argues, have since revealed their true nature of legislating only for the benefit of the rich at the expense of the poor and middle class.

Desi Doyen then joins us for our final Green News Report of 2017, rounding up both the good and horrific news over the past year, including, despite Trump's best efforts, a number of very hopeful signs for the environment as we head into 2018. And, finally, we close with one last punch in the face at the intolerable and seemingly endless 2017, from comedian Lewis Black.

Angie Coiro guest-hosts for us on tomorrow's BradCast, and Desi and I will see you again after the New Year holiday! Until then, my thanks to those of you who have answered our call by stopping by BradBlog.com/Donate in support of our efforts to try and continue our work --- over your public airwaves --- as long as possible into the new year!

Peace!

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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: 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: 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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