On today's BradCast, we're experiencing a sense of deja vu from this very same fight the last time Congress allocated hundreds of millions for new electronic voting systems in the U.S. [Audio link to show is posted below.]

A serious "design flaw" in a previously certified computer voting system is finally acknowledged on Friday by New York State's top election official, after several different warnings on the matter were issued in recent months by computer security and voting systems experts at Princeton and Georgia Tech.

The vulnerability has resulted in Douglas Kellner, the co-chair of the NYS Board of Elections, calling for a reexamination of the ImageCast Evolution (ICE) computer Ballot Marking Device (BMD), which both prints ballot selection on a paper and then scans that ballot to record results after it, theoretically, has already been verified by the voter. "After you mark your ballot, after you review your ballot, the voting machine can print more votes on it!," [emphasis in original], Princeton's computer science professor Andrew Appel warned about the Dominion ImageCast Evolution system in October of last year.

Kellner cites that "ballot stuffing attack" vector first identified by Appel and then confirmed by Georgia Tech's former Dean of computing at Georgia Tech and director of its Information Security Center, professor RICHARD DEMILLO who joins us on today's show to explain the vulnerabilities. The very same design flaw appears to be present in systems currently in use or set for use before 2020 in parts of Kansas, Texas, Pennsylvania, Delaware and elsewhere, as jurisdictions scramble to spend federal dollars to "upgrade" their voting systems to new equipment in advance of the next, crucial Presidential election.

A similar system made by ES&S, currently being pushed for use across the entire state of Georgia by Republicans, vendors and elections officials, also appears to have the same flaw and even one that Appel describes as a disturbing "Permission to Cheat" feature (first observed by Election Integrity advocate Jenny Cohn in Kansas last September) that allows the machine to submit a ballot to the scanner without the voter ever verifying what the computer has printed on it. That, DeMillo explains today, allows ballots to be marked and printed by the computer and then scanned without any examination by the voter at all. Both "design flaws" make any post-election hand audit of those ballots "meaningless" [PDF] .

As Kellner explains in his letter to fellow Elections Board members in NY --- effectively decertifying the systems, for now, thanks to Dominion's failure to document these vulnerabilities before certification --- "If it was possible for the machine to add a voting mark to the ballot without verification by the voter, the audit is not meaningful because it cannot confirm that the ballot was counted in the manner intended by the voter."

"What they have is a single device that marks the ballot and scans the ballot. Just because of the way that they've designed this thing, there's a single path that the paper ballot travels --- under the print heads, and over scanning heads," DeMillo tells me. "What I think is a real issue is the design flaw that makes it possible to have the paper ballot printed out, verified by the reader, and then scanned, but in that scanning process, travel a second time undetected through the print heads. The voter could have chosen to vote for no one. But the machine could decide well, we really like the Democratic candidate for Public Service Commissioner, so we're just going to add that to every ten blank Public Service Commissioner choices that we see."

DeMillo breaks down what all of this means for New York and other states now using or set to use these systems, and how the vendor in question, Dominion, has responded [PDF] by attempting to marginalize the concerns and dismiss critics like DeMillo and Appel as "security maximalists."

DeMillo has been joining other cybersecurity experts in issuing similar warnings [PDF] to officials in his home-state of Georgia, where lawmakers are in the midst of rushing to approve at least $150 million for the purchase of similar devices from ES&S for use across the entire state before 2020 --- and not just for disabled voters who may require such a system to vote independently, but for all voters in the precincts. That, despite the systems appearing to have similar "design flaws" to those which have now served to effectively decertify the Dominion systems in NY.

All of this, of course, is of a piece with the warnings we've been loudly issuing for years at The BRAD BLOG and on The BradCast about the use of this type of unverifiable computer-marked "paper ballot" voting systems, rather than verifiable HAND-MARKED paper ballots.

Also on today's program: Donald Trump publishes his Fiscal Year 2020 budget proposal, including hundreds of billion in cuts to domestic programs such as Medicaid and Medicare (which he vowed, while a candidate in 2016, to protect), as well as to the Environmental Protection Agency and other federal agencies. At the same time, the proposal includes record increases in defense spending and $8.6 billion more for his southern border wall (which Mexico is still not paying for). The result, if the aspirational proposal were to be adopted by Congress, would ensure annual budget deficits of at least $1 trillion over the next four years. That, on the heels of the Trump/GOP's $1.5 trillion tax cut for the wealthy and corporations which has ballooned the deficit and national debt to go with it.

And, finally today, after WA Governor Jay Inslee entered the Democratic President Primary last week race based largely on his decades of raising the alarm about climate change, we share a few recently unearthed clips from Inslee's fellow Presidential hopeful Sen. Bernie Sanders warning about "the greenhouse effect" and the dangers of a warming climate as long ago as 1989 on C-SPAN and in 1987 with a class of middle-school children while then still serving as Mayor of Burlington, Vermont.

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That headline will make sense once you listen to the show. With the news "only" turned up to 11 today (as opposed to its usual 12 or 13), we're able to catch up on a whole bunch of important stories, breaking and otherwise, on today's BradCast. [Audio link is posted below.]

Among those many stories...

• Oregon U.S. Sen. Jeff Merkley, former NYC Mayor Michael Bloomberg and former Senator, Sec. of State and 2016 nominee Hillary Clinton all announce they will not be running for the Democratic Presidential nomination in 2020. That's mostly good news, as we discuss;

• A southern Indiana election board is considering using hand-marked and hand-COUNTED paper ballots in an upcoming local primary election. That's definitely good news;

• North Carolina's State Board of Elections announces the dates for the redo election(s) in the state's 2018 U.S. House race for the 9th Congressional District. The first one was nullified a week or so ago, due to Republican absentee ballot election fraud by a GOP contractor on behalf of the disgraced candidate and Baptist preacher Mark Harris. The Democratic candidate, Marine vet and businessman Dan McCready, has already announced he will be running again, and only one Republican, so far, has announced his intention to run in the do-over contest. That one candidate, Union County Commissioner Stony Rushing --- endorsed by Harris (ouch) --- turns out to be a real peach, as we explain with some help from Daily Kos' Jeff Singer;

• Also in NC, the judge who nullified two state Constitutional Amendments, one of which would have imposed disenfranchising Photo ID voting restrictions, stands by his recent ruling to nix the measures on the basis that the state legislature that placed them on the ballot had been "illegally constituted" by unlawful racial gerrymanders in several NC legislative districts;

• And, speaking of GOP election fraud, in Virginia, the criminal investigation into (now-former) Republican Rep. Scott Taylor and his paid campaign staffers who forged petition signatures to place an independent candidate on the ballot in 2018, continues. The GOP scheme, exposed before the election last year, included what a judge described as "out-and-out fraud" via forged signatures from people who had long ago died or moved. The failed scheme was meant by the Republicans to dilute the votes of Taylor's Democratic challenger, now-freshman Rep. Elaine Luria, in VA's 2nd U.S. House District;

• A huge majority of American voters now believe, 64 to 24%, that Donald Trump committed crimes before becoming President, with a smaller plurality believing he also has committed crimes since becoming President, according to new polling from Quinnipiac.

• Meanwhile, Trump characterized the new House majority Democrats' several burgeoning investigations into his and his associates myriad apparent crimes as a "big, fat, fishing expedition", "PRESIDENTIAL HARASSMENT!", "nonsense" and "a disgrace to our country" today. He charged the "real crime is what the Dems are doing." But, as we discuss today, the long, LONG overdue exercise of Congressional oversight into an unprecedentedly corrupt Presidency is anything but. We list an astonishing number of potential crimes now under the Democrats' microscope thanks to the House Judiciary Committee's massive document requests sent Monday to more than 80 Trump associates, family members, organizations and institutions. That, as we also note, is just the tip of the iceberg for what is still to come, thanks to voters who put Democrats back in charge in the House last November;

• Finally, Desi Doyen joins us for our latest Green News Report with tragic news out of Alabama, stupid news out of CPAC, and important news at the EPA and from the latest Democratic candidates entering the 2020 Presidential contest...

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On today's BradCast, I'm in for Brad and Des, dropping by from my own show, In Deep with Angie Coiro.

Today's Rose Garden press conference was drenched in irony: a faltering, incoherent, angry man declaring a "national emergency", even as he demonstrated that he's the crisis. Donald Trump yelled at reporters to sit down, fell into sing-song whimsy, showed off his version of a Chinese accent, repeated phrases when he lost his train of thought, wielding terrifyingly grown-up powers with the gravitas of a toddler in a man's suit.

Fortunately, enough roadblocks will be thrown down --- by Reps AOC and Castro, by Nancy Pelosi and Chuck Schumer, by the ACLU, and presumably by property owners along the proposed wall sites --- that he should be kept busy and irritated for some time. The taxpayer money wasted will be appalling.

Republican former Massachusetts Governor Bill Weld appears willing to throw himself atop the bomb: he says he may primary Donald Trump. He minced no words -– I mean, he was stunningly straightforward -– in criticizing his fellow GOPers, who he said exhibit all the signs of Stockholm Syndrome(!). Someone needs to step up, he says. He even hints that he's willing to act as a spoiler to damage Trump in the general.

Plus the latest on Facebook, Amazon, and what tech campuses have to offer their neighbors.

Finally, my guest JOEL SIMON of the Committee to Protect Journalists. His new book, We Want To Negotiate, makes a compelling case that both the US and Britain need to re-examine their "we don't negotiate with terrorists" policies. His research puts the lie to a lot of assumptions, for example, that to pay ransoms will encourage more kidnappings. It makes sense on the face of it, but --- wrong.

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We pick up on today's BradCast, somewhat near where we left off on Friday, following BuzzFeed News' blockbuster report charging that Donald Trump directed his former attorney Michael Cohen to lie to federal investigators in order to obscure their work on a project to build a Trump Tower in Moscow even as Americans were voting during the 2016 Presidential election. [Audio link to today's show is posted below.]

The explosive reported allegations that the President of the United States had suborned perjury led to calls on Friday for Trump's impeachment, only to be dampened by a very rare --- and very carefully worded --- response from Robert Mueller's office, disputing "Buzzfeed's description of specific statements to the Special Counsel's office" and the "characterization of documents and testimony obtained by this office."

My guest today, legal and national security journalist MARCY WHEELER of Emptywheel, says those words were carefully selected by Mueller's office and for a very specific reason. Given all the confusion following both the report and Mueller's unusual statement late last week --- not to mention conflicting remarks from Trump's TV lawyer Rudy Giuliani over the weekend --- Wheeler helps us try to make sense of what is now known and unknown on all of this, why Mueller's office chose to speak out in response to it, and whether or not he was encouraged to do so directly by Deputy AG Rod Rosenstein, the White House or someone else on Trump's legal team.

"Buzzfeed offered some particular details that match exactly with details that Mueller has offered," Wheeler explains, while noting that the news outlet "made a news claim that Trump had ordered this lie. What Mueller is pushing back against is a legal claim." She tells me how the two interests are different, even as they may be describing much of the same events and documentation.

Moreover, she argues, "there's abundant evidence that Trump has ordered people to lie, and that subsequent to his orders to tell lies, his people have continued to tell those lies...and that's illegal. That should be a no-brainer and the press needs to start telling that story."

Wheeler, who has long been covering all things related to the Trump/Russia probe as close --- or closer --- than virtually anybody in the nation, offers much insight today on all of the above, including details on Buzzfeed's sourcing for their report (which they continue to stand by "100%"), based on information from two unnamed "federal law enforcement officials involved in an investigation of the matter," as well as "multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."

Also today, the U.S. Supreme Court, in a 5 to 4 vote, allows Trump's ban on transgender members of the military to move forward, even as ongoing cases in several lower courts have blocked his cruel directive, and even as at least one legal obstacle remains.

In slightly more encouraging --- and certainly less cruel --- news from SCOTUS today, despite pleas from the Administration the Court made no announcement of plans to hear argument on any of the many ongoing lower court cases challenging Trump's reversal of the Obama-era Deferred Action for Childhood Arrivals (DACA) program. Obama's DACA order was meant to help prevent the deportation of more than a million undocumented immigrants brought here by their parents as children many years ago. Should the Court decide to hear one of the cases, it would now most likely not happen until the session that begins in October, with an opinion coming months later. Temporary protection under DACA for so-called "Dreamers" was used over the weekend as an attempted bargaining chip by Trump, as part of an offer to Democrats in exchange for the $5.7 billion he has demanded for a border wall, leading to the longest (and still ongoing) federal government shutdown in U.S. history.

And, finally today, Desi Doyen joins us for the latest Green News Report, with news on the tragic pipeline explosion in Mexico over the weekend, toxic coal ash groundwater contamination discovered in 22 states, and how the government shutdown is setting the table for a dangerous wildfire season, even as its temporarily protecting aquatic wildlife from seismic testing during offshore drilling exploration in the Atlantic...

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The federal government continue to spiral towards utter dysfunction under a President on the precipice of (take your pick). But one freshman Congresswoman provides a bit of a light at the end of the Trump tunnel. [Audio link to today's complete BradCast is posted below.]

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

• Donald Trump's former personal lawyer Michael Cohen admits he paid a guy from Jerry Falwell Jr.'s Liberty University to rig online polls for Trump before he announced his candidacy in 2015. That, as Cohen is reportedly reconsidering his decision to testify to Congress next month in advance of his three year prison sentence, due to threats (witness tampering? intimidation?) by the President against him and his family. Trump failed to report the $50,000 payoff to rig polls to the FEC, which is yet another potential federal felony and/or article of impeachment for the sitting President. While the story should surprise no one at this point (remember, he also paid extras to cheer him on while announcing his candidacy at Trump Tower that year), its somehow still stunning and disturbing as yet another indication of just what Trump was likely willing to do, at any cost, to win in 2016;

• Speaking of what Trump and his campaign were willing to do, his new personal lawyer, Rudy Giuliani, may have broken the Internet after his appearance on CNN Wednesday night, in which he moved the "collusion" goal posts by falsely claiming that neither he nor the President ever claimed his campaign --- if not Trump himself --- "colluded" with Russia. In fact, contrary to Giuliani's ridiculous assertions, both men claimed repeatedly that nobody on the Trump Campaign was involved in such an activity. As of Wednesday night, it seems, Trump's lawyer is officially backing off that claim on behalf of the President...for some reason;

• Reverberations and consequences of Trump's nearly-month long federal government shutdown continue. As House Speaker Nancy Pelosi and a Congressional delegation were preparing to leave today for a secret trip to visit U.S. troops in Afghanistan, Trump, in retribution for Pelosi's threat to postpone his scheduled State of the Union Address during the shutdown, rescinded permission for the use of a military plane set to take Pelosi and the others on the overseas trip. You'll also be shocked to hear he lied about it all too;

• Meanwhile, as more Congressional Republicans --- and even a top former Administration official --- are questioning the wisdom of shutting down the federal government over Trump's demand for $5.7 billion to begin building his southern border wall, senior citizens and people with disabilities are facing the threat of potential eviction in HUD and USDA subsidized housing across the country;

• At the same time, the Administration is calling some 50,000 furloughed federal employees back to work without pay at agencies such as the FDA, FAA, and at the IRS as tax season begins;

• But, speaking of taxes, there is a reason that Republicans are freaking out --- and lying --- about the recent proposal floated by Rep. Alexandria Ocasio-Cortez (D-NY) to raise the nation's top tax bracket to 70% on those earning more than $10 million: the proposal is wildly popular --- by double-digit margins --- across virtually every demographic and every area of the country. Thus, folks like Wisconsin's failed former GOP Gov. Scott Walker was out bragging on social media this week about lying to school children about how AOC's proposal would actually work, who would and wouldn't be affected by it, and by how much;

• Finally, Desi Doyen joins us for the latest Green News Report, as Dems grill the Administration's new nominee/coal lobbyists tapped to head an Environmental Protection Agency (EPA) where pollution prosecutions have plummeted since Trump took office, while Australia faces yet another record heat wave, and as the business world slowly begins waking up to the mounting threat of climate change...

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On today's BradCast, it's another one of those impossible Mondays catching up with a weekend full of news in the Trump Era, and the seemingly impossible fight on behalf of voters who seek actually verifiable election results (which require HAND-MARKED paper ballots, according to a new letter from two dozen computer science, security and voting system experts.) [Audio link to show posted at end of article.]

Before we get to our guest today on that crucial issue which threatens elections oversight from Georgia to Los Angeles, a bunch of news and quick headlines from across the country. Among those headlines...

Winter weather crippled much of nation over the weekend and into the beginning of this week, from heavy rains and flash floods in recently fire-ravaged California, to monster snowfall in the Midwest, to icy conditions in the East. The latter succeeded in shutting down even parts of the federal government in D.C. that weren't already closed due to Donald Trump's continuing partial federal government shutdown --- now the longest in U.S. history --- to demand $5.7 billion for his promised, pointless and ill-considered southern border wall.

Decidedly not shutdown in D.C. this week are disturbing new revelations, as reported by New York Times late Friday, that the FBI had opened a counterintelligence probe of the President of the United States in 2017, to determine whether Trump was either a witting or unwitting agent of Russia. That, as Trump's Attorney General nominee William Barr, on Monday, released his prepared opening remarks in advance of his confirmation hearings this week in the U.S. Senate Judiciary Committee. Despite his previous criticism of Special Counsel Robert Mueller's probe and his argument that Presidents cannot be investigated for certain things, Barr now says the Special Counsel investigation should be allowed to finish and its report should be made public.

In California, the state's largest private utility company, Pacific Gas and Electric (PG&E), announced their intention to seek bankruptcy protection in light of tens of billions of dollars in potential legal liability for maintenance failures that helped spark a number of the historic and deadly fires that crippled the state during last year's record wildfire season. And, in Los Angeles, some 35,000 teachers at the nation's second-largest school district walked out, striking to demand higher pay and smaller class sizes.

Next, we turn to some election news, with New York state, one of the most restrictive in the nation when it comes to voting access, finally moving to update its system with a package of bills this week that include early voting, vote-by-mail, same-day voter registration and other long-overdue reforms.

In Georgia, meanwhile, two dozen of the nation's top Computer Security and Voting Systems experts issued a critical landmark letter [PDF] last week to the state's Secure, Accessible and Fair Elections (SAFE) Commission, essentially begging the panel, convened by former Republican Sec. of State and incoming Governor Brian Kemp, to not move the state's voting system from 100 percent unverifiable touchscreen Direct Record Electronic (DRE) systems to similarly unverifiable touchscreen Ballot Marking Devices (BMD), which print out a computer-marked and barcoded summary of voters' ballots. They call instead for hand-marked paper ballots, which they describe as "the best method for recording votes in public elections."

The letter notes that BMD systems are more expensive than hand-marked paper ballot systems but, more importantly, cannot be audited after an election to determine whether the results reflect the actual intent of voters. Despite the scientists crucial recommendation last week, and every comment --- other than from election officials and private voting system vendor lobbyists --- made by the public at last week's SAFE Commission hearing, Kemp's panel shamefully voted to recommend BMDs to state lawmakers.

But, while that virtually inexplicable action moves ahead in the Peach State under Republican rule, the nation's largest voting jurisdiction, Los Angeles County, under Democratic rule, has already decided to move to a pricey and similarly unverifiable touchscreen BMD system before the 2020 Presidential election!

We're joined today by MARILYN MARKS, a national leader in the fight for HAND-MARKED paper ballot systems. She heads up the non-partisan Coalition for Good Governance --- which filed several landmark lawsuits last year against Georgia's current unverifiable voting systems and in hopes of preventing their new ones.

"The point is a very, very simple point that the SAFE Commission --- and apparently L.A. --- pretends that they are missing," argues Marks. "They all talk about how they want elections that can be audited. Well, when you use these Ballot Marking Devices, the election cannot be audited, because the source document [the computer-marked, barcoded ballot] is not an original transaction. It cannot be audited. Therefore you cannot audit the results."

Making matters worse, even if every single voter manages to correctly verify the computer-printed, human-readable summary of voter selections, "what's actually cast and the actual official vote is a barcode. Now, none of us can read barcodes. I don't know what vote I'm actually casting. I am casting a barcode, but what in the world does that barcode actually say? That, to me, is a Constitutional violation."

We discuss that and the many other dangers of BMD systems being implement across the country --- with little or no pushback in places like L.A. --- as well as the differences between the proposed new systems from private vendors in GA and the publicly-owned one already coming to L.A. County. In short, despite a number of explanations offered to us by the County's Registrar-Recorder/County Clerk Dean Logan (shared on today's program) Marks argues there is little, if any, difference in the lack of verifiability and auditablity of such voting systems.

Finally, we take just a few listener calls on all of the above on our way out today...

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Every great Reality TV show needs a dramatic and gripping season finale. So too, apparently, does does every horrible Reality TV Presidency! [Audio link is posted below]

Today is our last new BradCast before Christmas (Angie Coiro will be filling in for us, along with a few "evergreens" over the next week or two), but, as has become clear today, Trump! The Presidency! has certainly delivered in the shocking and suspenseful season finale department! Including...

TWISTS AND TURNS! Acting AG Matthew Whitaker did not, as misreported earlier today, get approval from a DoJ ethics review to oversee Special Counsel Robert Mueller's probe. In fact, the ethics review determined he should recuse himself. But, apparently, he plans to ignore that finding;

SURPRISES! Trump defies his military advisers, not to mention stuns and infuriates members of Congress on both sides of the aisle along with experts in the region, by declaring "victory" on Twitter over ISIS and that he plans to now pull U.S. troops out of Syria! But when? Nobody seems to know. Is Afghanistan next? (Apparently so!);

MAIN CHARACTERS 'KILLED OFF'! Defense Secretary Gen. James Mattis, the last of Trump's "My Generals", and none too happy about the Syria decision, submits his surprise resignation, charging the President is anything but "clear-eyed" about the need for U.S. alliances and the threats faced from its adversaries;

SUSPENSE! Will Trump shut down the federal government over Christmas? Last week he said he would. Earlier this week he indicated he wouldn't. But, today, it looks like he will! And all over $5 billion in funding for a southern border wall (now "steel slats") he promised that Mexico, not tax-payers, would be paying for;

CHRISTMAS VILLAINY! Trump's USDA, in defiance of Congress's newly passed farm bill, announces they will now make it more difficult for the poor to receive food stamps. That'll show 'em!;

NUCLEAR CLIFF-HANGER! North Korea bluntly declares that "denuclearization of the Korean peninsula" actually means what it sounds like, and what those of us in the reality-based world (as opposed to the Reality TV world) already knew. They will not denuclearize unless the U.S. removes its own troops and nuclear weapons at the same time. Will Trump return to his threats for "fire and fury like the world has never seen"?! Stay tuned for the thrilling 2019 season!

Also today: The DNC announces its planned schedule for a dozen 2020 Presidential primary debates beginning in 2019, even though we're not yet even done with the 2018 election around here yet!

As we await the scheduled January 11th evidentiary hearing over the GOP's 2018 Absentee Ballot Election Fraud Scandal that has prevented Republican Mark Harris' 905-vote U.S. House "victory" over Democrat Dan McCready from being certified in North Carolina's 9th Congressional District, the state Board of Election's stunning 279-page 2016 investigative report [PDF] on apparent absentee ballot fraud by McCrae Dowless, the same GOP contractor hired in 2018 by Harris, is released. And it includes some jaw-dropping evidence begging the question: How can it be that Dowless not already prosecuted after 2016, but allowed instead to carry out the same unlawful election fraud scams in 2018?!

Finally, Desi Doyen joins us for the latest Green News Report, with a number of climate crisis Christmas gifts from states around the country and hardly any lumps of coal at all!...

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

IN TODAY'S RADIO REPORT: Climate change is expensive, particularly for the U.S. military; 2018 on track to be fourth costliest year in U.S. history for weather disasters; Polls show Americans waking up to climate change and the Green New Deal; PLUS: Cities and states step up, setting ambitious new climate goals at year's end... 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): Trump is undoing much more than Obama’s legacy. He's trying to destroy government regulation as we know it; That global warming hiatus? It never happened. Two new studies explain why; Companies are seriously underestimating how climate change will affect business; EU agrees to ban throw-away plastics to limit ocean pollution; Black lung disease is still killing miners. The coal industry doesn't want to hear it; Wetlands, lakes would lose protections under Michigan state legislature bill; What L.A. can learn from Minneapolis’ ban on single-family zoning; Would human extinction be a tragedy?... PLUS: Hot or Not?: Which 2018 climate trend is here to stay?... and much, MUCH more! ...

Today was the first day that it really began to feel like things are finally falling completely apart for Donald Trump and his administration. [Audio link to show follows below.]

Among the mountain of stories covered on today's BradCast amid an astonishing day of news on several fronts...

• The New York state Attorney General entered an agreement with the Trump Foundation to permanently shut down the supposed charitable organization. Her investigation and prosecution of alleged fraud, campaign violations and self-dealing via the organization by Trump, his three adult children and his 2016 campaign will continue, despite the Foundation's dissolution;

• The Trump Administration blinked on Tuesday, at least a bit, following Trump's previous televised threats to shut down the federal government this Friday over funding for his border wall with Mexico (which, we were repeatedly told during the campaign, they, not tax-payers, would pay for.) Last week, Trump said on camera he would be "proud" to shut down the federal government before Christmas if Democrats didn't agree to $5 billion for wall funding in a budget agreement that must pass by this Friday. Today, Trump's Press Secretary suggested they'd find the money elsewhere, even as Congress remained at a standstill with Republicans not having enough votes to pass a bill that meets Trump's demands;

• At the same time, in a federal court room in D.C., Trump's disgraced former National Security Adviser Michael Flynn, who pleaded guilty to lying to federal investigators last year, had been expected to walk away from his sentencing hearing a free man today following his cooperation with Special Counsel Robert Mueller's team. They had requested no jail time for Flynn after his help in several known and unknown probes. But, thanks to Flynn's attorneys falsely suggesting in a sentencing memorandum last week that he had been duped, tricked and entrapped by FBI investigators into lying about his contacts with the Russian ambassador, the sentencing was mercifully postponed until March. In a remarkable colloquy with U.S. District Judge Emmet Sullivan, a Ronald Reagan appointee, Flynn quickly backed off his attorneys claims. In blistering remarks from the bench, Sullivan railed that he could not "hide my disgust, my disdain" for Flynn's behavior, and upbraided the former top Trump official and retired Lt. General for having "arguably sold out your country". A reportedly shaken Flynn then asked for his sentencing to be delayed, so that the could further cooperate with the Special Counsel in hopes of being credited to avoid jail time. All of that, after Trump had wished Flynn "good luck" via Twitter prior to today's hearing;

• In Arizona, the loser of November's U.S. Senate contest, Republican Rep. Martha McSally, was appointed by the state's GOP Governor to take the seat of Sen. Jon Kyle, who had temporarily replaced the late Sen. John McCain earlier this year. McSally narrowly lost her Senate bid in November to Democrat Kyrsten Sinema, who she had described as a "traitor" during the campaign. McSally also tried to make amends with McCain's family after insulting the ailing Senator before his death;

• In the North Carolina GOP absentee ballot election fraud scandal, state Republicans reversed their position for a second time regarding the certification of Republican Mark Harris. State Republican leaders demanded that he be certified in the state's 9th Congressional District House race, despite an ongoing fraud investigation. The current results show that Harris defeated Democrat Dan McCready by just 905 votes in November. The State Board of Elections, however, has refused to certify the race due to the allegations of absentee ballot fraud and has postponed it's planned evidentiary hearing from December 21 to January 11, thanks to what the Board describes as delayed document production by subpoenaed parties. Harris has now admitted that he hired the GOP contractor accused of altering or withholding perhaps thousands of absentee ballots in the race;

• Finally, Desi Doyen joins us for the latest Green News Report with a surprising amount of actually encouraging news for a change.

Yes, it really is beginning to feel a lot like Christmas...

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On today's BradCast: Trump appears now to be in very big trouble. So do Republicans in North Carolina's 9th Congressional District. But President Obama's Affordable Care Act soldiers on, even as signups are down as the open enrollment period for 2019 on the federal HealthCare.gov exchange quietly nears its close on Saturday, December 15th.

On Wednesday, Donald Trump's former personal lawyer and 'fixer' Michael Cohen was sentenced to three years in prison and some $2 million in fines after cooperating with federal prosecutors following guilty pleas to several felonies in August. Special Counsel Robert Mueller's team noted that Cohen has been helpful in their probe of Trump's still-unexplained relationship with Russia, but it was the charges brought by federal prosecutors against Cohen in New York's Southern District related to hush-money payoffs to women with whom Trump was said to have had sexual affairs that most immediately appears to cook Trump's goose.

Both Cohen and the federal government now allege that Trump, in the waning days of the 2016 campaign, "directed" a conspiracy to pay off the women in order to buy their silence in an illicit scheme to "influence the election". Those payoffs of $130,000 to porn actress Stormy Daniels and $150,000 to Playboy model Karen McDougal (via National Enquirer publisher AMI) are considered illegal campaign contributions.

Also on Wednesday, prosecutors announced a non-prosecution agreement with AMI, run by longtime Trump pal David Pecker, in exchange for their cooperation in the case. As discussed on today's show, Trump now appears to be in very VERY big trouble, at this point. If the man who helped make the payoffs at Trump's "direction" --- who had also cooperated with investigators --- received three years in prison for his crimes, imagine what may happen to the man who actually directed the conspiracy.

While there are still a number of potential escape hatches such as the Presidential pardon power for Trump, his associates, his family members and his businesses, a new interview with incoming New York state Attorney General-elect Letitia James suggests she has that base covered as well. James says she intends to "use every area of the law to investigate President Trump and his business transactions and that of his family as well" at the state level, including "anyone" in his circle who may have violated state law. Trump's businesses and campaign are based in New York. James tells NBC she intends to bring state charges in an attempt to ensure Trump, his associates, his family and his various organizations are unable to evade accountability with Presidential pardons at the federal level.

In North Carolina, meanwhile, fresh revelations continue to emerge regarding the 9th Congressional District election which is at the center of an ongoing GOP absentee ballot election fraud scandal. New details in that matter today include the state Republican Party's admission that a new election will most likely be needed, following news this week that Early Voting results in Bladen County were reportedly leaked, illegally, in advance of the November 6th election.

Moreover, a new affidavit from a Republican now charges that McCrae Dowless, the GOP contractor hired by Republican Mark Harris to run his absentee ballot campaign in Bladen, where the fraud scheme appears centered, told him that he (unlawfully) had as many as 800 absentee ballots in his possession prior to the election. What came of those ballots we don't yet know, but Harris is said to have defeated Democrat Dan McCready by just 905 votes in the 9th District last month. At this point, I see no way that a new election in the district can be avoided, other than simply naming McCready the winner.

Also today, we're joined by ALICE OLLSTEIN, formerly of Talking Points Memo, now a congressional reporter at Politico, to discuss the nearly 10 percent drop off in signups this year for the Affordable Care Act (ObamaCare), as the federal open enrollment period comes to a close this weekend. "It's not high prices that are deterring people," Ollstein argues, citing a key piece of data to back that up, before explaining the several different reasons why signups are down this year so far, and how that may affect the future stability of the federal exchanges.

With Democrats set to take the majority in the U.S. House in January, Ollstein also details their dilemma in how to best defend against a federal lawsuit brought by several Republican-controlled states (and now supported by the Trump Administration) hoping to kill the landmark ACA and its vital protections for those with preexisting conditions...

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No, Iraq hasn't (yet) announced plans to invade North Carolina to help spread democracy. But, on today's BradCast, it's starting to look like it might not be a bad idea. [Audio link to show is posted below.]

Just before air today, Dan McCready, the Democratic candidate in NC's 9th Congressional District U.S. House race tainted by evidence of GOP absentee ballot election fraud, withdrew his concession offered last month. McCready charges that Republican Mark Harris "bankrolled criminal activity" in the district in the hiring of contractor McCrae Dowless who appears to have gamed absentee ballots in Bladen and perhaps Robeson Counties, resulting in the 905-vote margin by which Harris had previously been thought to have won.

At the same time, NC-9's incumbent Republican Rep. Robert Pittenger, who Harris reportedly defeated in the primary last May, tells Washington Post that his concerns about fraud during that race --- when he lost to Harris by just 828 votes (more than half of them absentee ballots from Bladen) --- were shared with both state and national GOP officials at the time. Nonetheless, despite years-long claims of concern about fraud leading to passage of often unconstitutional GOP laws that restrict the ability of many Democratic-leaning voters to cast ballots, Republicans took no action after the primary. In fact, similar concerns about absentee ballot fraud by the same contractor surfaced after the 2016 election in the state as well.

The Charlotte Observer has now called for the 2018 election in NC-9 to be started over, from scratch, beginning with the primary. "Evidence demands it," their editorial board opined this week. We've got a whole bunch of late-breaking news related to the burgeoning NC-9 election fraud scandal today (along with my completely irresponsible prediction about how this entire thing ends).

Also, in related news, a newly emerging election fraud scandal in New York, where Republican and Independence Party leaders have now been charged with forging signatures on nominating petitions in order to boost chances for GOP candidates. (If that sounds familiar, it's because Republicans, apparently --- including very high-profile ones --- do that quite a bit.)

Meanwhile, GOP lawmakers in Wisconsin and Michigan this week continued their efforts to undermine the will of the midterm voters in the wake of disastrous performances in the November elections. In Wisconsin, where the GOP-gerrymandered legislature on Wednesday adopted unprecedented measures during an extraordinary lame duck session to remove power from the Governor, the Attorney General and voters in advance of Democratic Governor-elect Tony Evers and AG-elect Josh Kaul taking office next month, state lawmakers also confirmed 82 appointees of outgoing Republican Governor Scott Walker to state positions in one single day. Several of the positions had reportedly been vacant for as long as a year, and more than 30 of the new appointees have had no public hearing whatsoever in the state Senate. That power grab is particularly hypocritical for Walker, who warned his Democratic predecessor in 2010 to avoid all new appointments in the final two months of his term.

In Michigan, GOP lawmakers have proven similarly disdainful of voters during the lame duck session. Earlier this year, they adopted two voter-initiated ballot measures concerning increases to the state's minimum wage and paid sick leave for workers in order to prevent the proposals from appearing on the November ballot. But, this week, during the lame duck period before Democrat Gretchen Whitmer can be sworn in, Republican lawmakers gutted the measures they had just adopted in September. They would not have been able to do that had they been voted on by voters. The controversial --- and perhaps unconstitutional --- effort was given the green light by outgoing Republican AG Bill Schuette, who lost his bid for Governor in November to Whitmer.

Finally today, Desi Doyen joins us for our latest Green News Report, with a bunch of very bad news on global carbon emissions and climate change, but a bit of encouraging news from several major companies in response to it...

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On today's BradCast: Even as final results are still being determined from this year's midterms, the Democratic Caucus in the U.S. House prepared for its new majority with leadership votes on Wednesday, including on Rep. Nancy Pelosi's bid to retake her previous role as Speaker of the House. Also, three weeks after the November 6th election and Tuesday's runoff for the U.S. Senate in Mississippi, more Houses races are called and one race, believed to have been won by a Republican, offers a new mystery in the state of North Carolina. [Audio link to full show is posted below.]

In MS, Republican Sen. Cindy Hyde-Smith reportedly won Tuesday's runoff against Democrat Mike Espy, as expected, but by a far narrower margin than previously expected in the deep "red" state, after she made a number of disturbing, racialized comments throughout the campaign. Trump won the state by 18 points in 2016. Hyde-Smith won by eight points. A ten-point shift towards Democrats. Nonetheless, the GOP win in MS results in an overall pickup of 2 seats for Republicans in the U.S. Senate this January.

The U.S. House, however, is a very different story. Today, AP finally called the still-undecided contest in New York's 22nd Congressional District for Democrat Anthony Brindisi over incumbent (and very Trumpy) Republican Rep. Claudia Tenney. The Dem flip comes in another "red" district where Trump had won in 2016 by 16 points. That brings the Democratic Party's pickups to 39 among AP's "called" races, with one more contest leaning Dem in California and another leaning GOP in New York state.

But, in North Carolina, where all 13 U.S. House races were expected to be certified by a routine vote of the State Election Board on Tuesday, a Democratic member refused to do so, citing "unfortunate activities" in one part of the state's 9th Congressional District, where Republican Mark Harris is said to have defeated Democrat Dan McCready by just 905 votes. After a two-hour session behind closed doors, the Board finally voted unanimously to certify all but the 9th District race for now. We've got a number of details on what may be behind this wildly unusual and still-unfolding mystery, which seems to center on Bladen County, in the eastern part of the district.

"I’m very familiar with the unfortunate activities that have happened in my part of the state," Democratic SBE vice-chair Joshua Malcolm announced during the meeting before the Board went into closed session. "And I am not going to turn a blind eye to what took place to the best of my understanding, which has been ongoing for a number of years, and which has been repeatedly referred to the United States attorney and the district attorneys to clean up. Those things have not taken place."

We'll keep an eye on that one. But, with Democrats now likely to end up with at least a 40 member majority in the U.S. House after having officially won by the overall largest popular vote margin in history for any party, the battle over party leadership and direction played out today with a vote by the Democratic Caucus in favor of Nancy Pelosi to be their nominee for the next U.S. House Speaker. She reportedly received 32 votes against her, however, which would be more than enough to block her return to Speaker when the full House votes in January.

I'm joined today by progressive journalist, author and activist NORMAN SOLOMON of RootsAction.org to discuss the challenge to Pelosi --- largely by less progressive members of her own party --- and how progressives will need to pressure the Democratic Congressional leadership from the bottom up when they take control in January. Solomon, who helped pen both a Democratic "autopsy" after the disastrous 2016 election, and a follow-up to it just before the November midterms, explains today how both newly elected Democrats and the voters who put them there will need to step up over the next two years to support wildly popular progressive reforms on everything from the minimum wage to healthcare and tax policy, if mistakes made by Democrats (with some of the same leadership) in years past is to be avoided.

"It's all about constituent power," says Solomon. "At RootsAction.org we are dedicated to mobilizing to make sure that more and more progressive constituents make their senators and representatives fully aware that they are being watched closely, and there are such things as primary challenges."

He argues that "the party has changed partly" over these past two years, though "not profoundly." Where it has changed, where Dems have rejected unpopular corporatist establishment positions, "its been because of a lot of these on-the-ground progressives".

Still, Solomon warns against complacency. "When they get Democrats in charge, there's more of a tendency among a lot of progressives to think, 'Well, the worst is over. The emergency is gone.' In fact, whether it's climate change, or perpetual war, or the rich continuing to get richer, these problems are festering. Yes, worse under Republicans, but for us to sit back in any way and not continue to organize and pressure is to leave Congress to its natural setting. It's sort of 'The Call of the Corporate Wild' that they're immersed in," he tells me. "The only way to counter that is that we have to mobilize no matter who is in power, to fight back against Wall Street."

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On today's BradCast: Who could have foreseen it? Oh, yeah, we did. For months. Years, actually. At this point, even decades. [Audio link to show follows below.]

American voters finally had their chance on Tuesday to respond to the ongoing, two-year national emergency precipitated by the 2016 election of Donald Trump and full Republican control of Congress. Control of the U.S. Senate, the U.S. House and dozens of governorships were up for grabs today. But Election Day 2018 was --- yet again --- marred by completely predictable disasters for voters, including hours-long lines and failing voting and registration computers at polling places across the country.

Today we cover just some of the worst reported messes (there are still more to come to light and many more that we simply couldn't get to)...

• In New York City, where paper ballot computer scanners failed leading to hours-long lines across city;

• In Georgia, where many voters in African-American precincts stood in line for hours due to failing electronic pollbook systems and too few 100% unverifiable touchscreen voting machines (amid the tight race between the vote-suppressing GOP Sec. of State and Gubernatorial candidate Brian Kemp and his African-American Democratic opponent Stacey Abrams);

• In North Carolina, where high humidity and a very long ballot reportedly prevented scanners from accepting them in a number of precincts in Wake County (Raleigh);

• In South Carolina, where oft-failed, 100% unverifiable touchscreen voting systems made by ES&S were reportedly flipping votes and officials were (outrageously) said to be making calibration adjustments to them in the middle of Election Day (a very dangerous idea!);

• In Kansas and Missouri where voters also reportedly fought with many problems, incluing long lines, voting systems that failed and poll workers unlawfully demanding Photo IDs to vote. In Kansas, Sec. of State and GOP "voter fraud" fraudster Kris Kobach is overseeing his own very tight race for Governor, and in Missouri, Democratic U.S. Senator Claire McCaskill is fighting for her life as Democrats hope to claw back a majority in the U.S. Senate or keep Republicans from expanding their current one.

Then, we're joined by Emmy award-winning journalist and documentarian LULU FRIESDAT with a troubling exclusive report for us out of Dallas County, Texas, amid the reportedly close contest for U.S. Senate between Republican incumbent Ted Cruz and his popular upstart Democratic challenger Beto O'Rourke.

Friesdat reports on two different serious concerns out of the Long Star State's second-most populous county, where numbers reported by the County's ES&S tabulators from the state's March primary are still not adding up correctly (yes, months later, questions are still emerging), and from the County's counting room, where a Texas election integrity group is reporting today that a computer in the tabulation facility appears to be hooked up to WiFi. That Friesdat tells me, is highly unlawful and potentially very troubling for a number of reasons.

"It is not okay for it to be around voting machines and tabulators, because that is one of the easiest ways for election results to be hacked," says Friesdat, who has been covering concerns about voting systems for many years now. "So there are usually very, very clear laws regarding internet connectivity or Wi-Fi in a tabulating area. And that is the case in Texas. They have laws that forbid Wi-Fi or connectivity." That, in a county where their vendor is ES&S, the nation's largest voting machine vendor, which recently lied to the New York Times about whether their systems include remote access software. (Turns out many of them do, but that's not what they initially told the Times, even as it still remains unclear which counties use ES&S systems with such capabilities, and even with cellular modems.)

Friesdat does close on a positive note, however, noting that many in the public are becoming aware of these concerns and that observations by the public are helping. "The more people get involved and keep looking, down to the nitty gritty, what's going on in your elections --- it's helping, folks! Keep it up!"

Finally, Desi Doyen joins us today for our latest Green News Report, with some bad news about plastic and the air we breathe, but some good news from the U.S. Supreme Court (believe it or not) and from the World Bank, which has now said it will no longer help finance coal-fired power plants anywhere in the world, because renewables are now cheaper than coal.

Results --- as reported...probably --- tomorrow...

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IN TODAY'S RADIO REPORT: Category 5 Super Typhoon Yutu slams into Mariana Islands and other U.S. territories; 2018 hurricane season now the most powerful ever recorded; New York sues ExxonMobil for defrauding investors about climate change; US Supreme Court stays landmark kids' climate liability lawsuit; PLUS: Canada places a price on pollution with a national carbon tax... 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): A Green New Deal is on the ballot in Washington state this year; Yes, ExxonMobil and Chevron are still distorting climate science; Three campaign ads that put climate change on the agenda; Austin, Texas, issues citywide boil-water notice after historic flooding; Trump threatens CA funding over 'ridiculous' wildfires; Report: More than 500,000 US households had water cut off; New report says world must boost efforts to suck carbon dioxide from the air; Ban entire pesticide class to protect children's health, experts say; European parliament approves sweeping ban on single-use plastics... PLUS: How scientists cracked the climate change case... and much, MUCH more! ...

On today's BradCast, as my producer Desi Doyen likes to say, we once again attempt "to squeeze a 10 pound show into a 1 pound bag." [Audio link to show follows below.]

First up, the latest on Hurricane Florence, now downgraded to a tropical storm but wreaking extraordinary havoc, storm surge, flooding, hundreds of rescues and now at least five deaths. The monster storm has largely stalled over the Carolinas to dump, according to one meteorologist, 10 trillion gallons of rainfall, or enough to fill more than 15 million Olympic-size swimming pools.

Also today, Donald Trump's former campaign chair Paul Manafort finally pleaded guilty in a deal to cooperate with Special Counsel Robert Mueller that requires him to cooperate on the Trump/Russia investigation and, as Marcy Wheeler describes, is "pardon proof".

Next, an update on the still-unexplained natural gas explosions that set dozens of homes ablaze north of Boston, a story which broke at the very end of yesterday's BradCast.

Then, a brief followup on the reported widespread problems with voter registrations in New York during their state and local primaries on Thursday, the final primaries of the season before the crucial 2018 midterm elections in November. Those reported failures for some voters at polling places helped underscored at least one of the important outcomes from Thursday's contests.

We're joined by The Intercept and New Republic contributor DAVID DAYEN to discuss reported results out of New York, where progressive actress and activist Cynthia Nixon challenged two-term Democratic Gov. Andrew Cuomo and progressive Fordham University law professor Zephyr Teachout vied for the Democratic nod to become the state's next Attorney General. Alas, those underdog progressive upstarts on the statewide ballot were unsuccessful, though, as Dayen reports, Teachout was undermined by a rightwing Democratic Congressman who, he tells me was likely "placed in there to depress Teachout's upstate numbers on behalf of Wall Street special interests."

Still, he says, both challenges managed to force Cuomo and his party to the left on a number of important matters already. That move to the left was more of a lurch, however, at the state Senate level, where 6 of 8 members of the so-called Independent Democratic Conference (or IDC, a group of corporate Democrats who had caucused with Republicans in the Senate, giving the GOP control of the otherwise Democratic-majority body) were turfed out by progressive challengers. That, Dayen argues, is likely to result in a huge difference in the legislation enacted by a state legislative body that has been blocked for years, with Cuomo's help, from adopting a number of long-overdue progressive reforms on everything from healthcare to fiscal matters to New York's antiquated election laws.

"There was this host of progressive legislation that was clogged in the state of New York because of Republican control of the state senate, which was facilitated by Democrats. It's confounding that this went on for so long!," he observes."Andrew Cuomo is a throwback to the New Democrats, the Clinton era. And he believes that if he was forced to sign progressive legislation, it would hurt his ultimate ambition, which is the presidency. He's still stuck in a 1990s mindset that you can't go any further left than, I guess, 'midnight basketball' laws in order to win the Presidency."

And, as primary season voting is finally now wrapped up, we discuss the various ways in which voters and broadly diverse candidacies have helped to redefine the Democratic Party over the past year. "The Democratic Party is one of the more diverse parties at this point in history that we've seen, certainly ever in America, maybe elsewhere. Representation absolutely matters. The people who are the workhorses of the Democratic Party --- women, people of color --- want to see themselves represented in the leadership that is going to carry the party forward."

Also, on this week's 10th anniversary of the 2008 global financial meltdown, Dayen, author of the widely acclaimed Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud, explains how even a decade later no real accountability has ever been brought to the elite who caused the crisis and how even Barack Obama's own Treasury Secretary was allowed to undermine him in a way that is not dissimilar to the actions discussed in the recent anonymous New York Times op-ed regarding a "resistance" inside the Trump Administration.

Dayen also discusses several other way in which the ramifications of the Wall Street bank bailouts still reverberate throughout the American body politic, by "set[ting] the table for demagogues. And that's what happened in 2016."

Finally today, some details from concerned scientists on the nuclear plants currently threatened by the massive flooding of Florence, specifically, the Duke Energy-owned Brunswick plant in North Carolina which houses two reactors almost identical to the GE-designed reactors which melted down after power-outages following the 2011 tsunami-caused flooding in Japan...

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