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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast: The GOP rammed the largest tax increase in American history through the U.S. Senate in the middle of the night last Friday, and we open the phones to try to figure out what the alleged Trump/Russia "collusion" is actually supposed to be. [Audio link to show follows below.]

After several important breaking news items (Trump's unprecedented reversal of National Monument declarations in Utah by Presidents Obama and Clinton; His stolen U.S. Supreme Court allows his Muslim travel ban to be enforced, even while it's being challenged in lower courts; His new, full-throated endorsement of alleged Republican child molester Roy Moore in next week's U.S. Senate special election against Democrat Doug Jones in Alabama), we're back to the GOP "tax cut" hustle and the Special Counsel investigation of Team Trump.

First, on taxes, details on the thousands of corporate lobbyists (more than 6,000 of them!) who crawled out of the swamp to help write what will be the largest tax increase in U.S. history, as billions, if not trillions in wealth is set to be redistributed from the poor and middle class to the wealthy and already-wildly profitable corporations. The GOP and Donald Trump have been using a dubious list of "economists" to lie about and help jam through their scheme, which was passed by the U.S. Senate just before 2am on Friday night/Saturday morning, just hours after the 500-page final bill had finally been released to Democrats.

Then, we open up the phone lines for callers to answer my question about the alleged Trump/Russia "collusion", following the guilty plea on Friday by Trump's disgraced former National Security Adviser Michael Flynn for lying to the F.B.I.

While Trump's attempted obstruction of that investigation is quite clear (despite his personal lawyers absurd claims), as is the fact that members of his Campaign and Administration lied to federal law enforcement officials, which also unlawful, evidence of the originally alleged "collusion" on the 2016 election remains elusive.

Why all the lying by Team Trump? What are they attempting to hide? As much as I'd be delighted for all of this to bring down a wildly lawless and anti-American Administration, of course, I still remain unclear on what the initial crime actually was, or is even alleged to have been. So, at risk of being called "obtuse", I ask callers today about what that actual, specific original crime is --- before all of the obstruction and lying --- that is seemingly being hidden by Team Trump, alleged by Democrats and probed by Special Counsel Robert Mueller.

We open the phone lines for callers to explain it all...if they can...

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According to my guest on today's BradCast, last minute GOP maneuvering on the U.S. Senate versions of the tax bill, in hopes of buying off holdouts within their own caucus, definitively proves that so-called 'trickle-down' economic theory doesn't actually work --- and that Republicans know it. [Audio link to show follows below.]

But first up on today's show, U.S. House Minority Leader Nancy Pelosi (D-CA) calls for long-serving Democratic Rep. John Conyers of Michigan to resign in the wake of sexual misconduct allegations by a series of women, and long-serving Republican Rep. Joe Barton of Texas announces he will not run for re-election, after admitting to sexual misconduct with a series of women.

Those are just two of a flood of powerful men in politics, entertainment and journalism to be called out of late. However, how many women are still facing sexual assault and harassment from men who aren't as high-profile and, therefore, not being exposed by the mainstream media? And, how many others, even powerful ones like President Donald Trump and, perhaps, Alabama's Republican U.S. Senate nominee Roy Moore --- whose poll numbers are back up over Democrat Doug Jones in advance of the Dec. 12th U.S. Senate special election, even after multiple allegations of sexual assault with under-aged girls --- still get away without any accountability at all? We discuss.

Then, while Republicans claim their massive $1.5 trillion tax cut scheme for corporations and the wealthy (and tax increases for most everyone else) will magically pay for itself, history and all independent analysis suggest otherwise. So does evidence from large corporations, most of which indicates that companies have no plans to use their expected windfall profits from tax cuts to increase employment or raise worker wages.

With that in mind, in order to get the massive tax measure passed at all, some Republicans in the U.S. Senate are demanding a 'trigger' in the legislation that would automatically kick in to reverse some of the tax cuts if the GOP and Trump Administration's rosy scenarios that tax cuts pay for themselves do not actually come to pass.

We're joined today by financial journalist DAVID DAYEN who explains why such a trigger is the GOP's worst idea yet for their already terrible scheme. "You could let monkeys bang on typewriters for several millennia and not come up with an idea as profoundly stupid," he reports at The Nation this week.

The result, he tells me, would be that taxes would potentially be automatically increased and/or spending reduced, at the worse possible moment for doing so. "Austerity in the midst of an economic slowdown is economic suicide. It would intentionally destabilize the economy if it slowed down. It would turn recessions into depression," he warns. "I cannot stress enough how stupid this idea is."

He also notes how opposition to such a trigger from so-called "conservatives"-- other members of the Senate, as well as right-wing advocacy groups like the Koch Brothers' Americans for Prosperity, Grover Norquist’s Americans for Tax Reform and the US Chamber of Commerce --- "gives the game away" that 'trickle-down', and this bill as a whole, are all "all a scam"...and Republicans know it.

Please tune in for another very insightful conversation with Dayen, revealing just how hypocritical, dangerous and misleading the entire scam is, how much it will cost the American people in real terms, whether the GOP and Trump will be able to get it passed at all, and how the American electorate are likely to react if so, in 2018 and beyond.

Finally, a quick reminder that Open Enrollment for the Affordable Care Act ('ObamaCare') at Healthcare.gov is still under way until December 15th in most states and, while sign-up numbers have been very high so far this year, they are very low as a percentage compared to last year, since Trump has cut the period for enrollment in half from previous years.

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On today's BradCast: A rather extraordinary power battle, turf war, legal dispute is now being played out for control of the independent federal agency formed to protect consumers from fraud and deceptive practices by Wall Street banks and other large corporations following the 2008 global banking crisis and financial meltdown. [Audio link to show follows below.]

On Friday, Richard Cordray, the Obama-appointed Director of the Consumer Financial Protection Bureau (CFPB) resigned to, likely, run for Governor of Ohio. As he did, he named his Chief of Staff Leandra English, as the new Deputy Directory, which means that, according to the 2010 Dodd-Frank law that created the CFPB, English becomes Acting Director of the Bureau.

Nonetheless, hours later on Friday, Donald Trump appointed Mick Mulvaney, his own chief of the White House Office of Management and Budget --- and a long time foe of the CFPB, which he has described as a "sick, sad joke" --- as the new Acting Director of the important consumer agency. The White House claims the authority of a 1998 law, the Federal Vacancies Reform Act, allows the President to make the appointment. A strict reading of the rule of law seems to suggest otherwise. But, today, we now have two different "Acting Directors" of the same federal agency.

We're joined on today's show by Georgetown University law professor and former CFPB advisor ADAM LEVITIN --- who warned about this potential showdown well before it came to pass --- to explain which law takes precedent, why Trump is so desperate to name Mulvaney as Acting Director rather than simply appoint a permanent chief at the CFPB, whether English's federal lawsuit filed on Sunday will prevail, and how the Trump/Mulvaney scheme represents several extraordinary conflicts of interest and a plan for a full regulatory capture of the (theoretically) independent executive agency.

Levitin describes this power battle as unprecedented in the U.S.. "The closest thing I can think of is Bush v. Gore," he tells me. "For two different people claiming a federal office, I can't think of any situation like this in modern times. This seems like it's something out of Game of Thrones, where there are multiple contenders for the same throne."

In other unprecedented Trump Era news today: A hugely profitable media outlet named Meredith Corporation purchased Time Inc. (including TIME magazine, and others) over the weekend, with the help of $650 million from the far-right Koch Brothers; The US Senate is making a desperate run this week for massive tax cuts for hugely profitable corporations (like Meredith and Koch Industries), at the expensive of low- and middle-class Americans who will end up with increased taxes and cuts to social services like health care; And, finally, Trump, during a solemn ceremony for native American Navajo code talkers, used an offensive racial slur in describing Sen. Elizabeth Warren (D-MA) as "Pocahontas". It didn't go over well...

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On today's BradCast: If you're still clinging to the idea that elections don't really matter and the incredibly lazy assertion that "there's no difference between the two major parties", today's show may help you reassess those ill-considered, self-defeating, knee-jerk notions. [Audio link to show is posted below.]

First up, the President of the United States, Donald Trump, explains why he believes it would be better to have an accused child molester, Alabama's Republican U.S. Senate nominee, Roy Moore, in the U.S. Senate, than to see the Democratic candidate Doug Jones elected on December 12. His argument today that Moore "totally denies" the charges of sexual improprieties with teenagers as young as 14 (sourced to more than 30 people) is part of his Administration's desperate attempt to pass their massive tax cuts for the rich, at all costs, through a very slim GOP majority in the U.S. Senate. That majority would get slimmer still if Jones is elected. So bring on the pedophiles!

We're joined today by SETH HANLON, President Obama's former Special Assistant for Economic and Tax Policy, to explain how the GOP's proposed tax scheme is being rushed through the Senate during the holidays, in hopes that voters don't notice that it will actually raise taxes for some 82 million middle-income Americans, while keeping permanent tax cuts in place for the wealthy. And, as bad as that sounds, other provisions are even worse and will result in an increase of $1.5 trillion to the federal deficit, the loss of health care coverage for some 13 million Americans, and an immediate $25 billion cut to Medicare, among other nightmares.

"The number one thing" that people need to known about this bill, Hanlon tells me, "is that this thing is happening now. This bill could be law by the end of next week. It might take longer than that, but they are trying to jam it through the Senate, which is the key to all this, next week. There are reasons why they are doing that so fast. Sunlight's the best disinfectant and they do not want people to scrutinize this bill to find out what's in it, to understand the ramifications. So they are trying to get it through as fast as they possibly can."

"If you want to see what's really happening with this bill, you look at what's permanent in it. A lot of it is just temporary, but there's really only three parts that are permanent. Number 1 is a massive tax cut for corporations. Number 2 is a hidden tax increase on basically every single American household. Number 3 is an attack on the Affordable Care Act. They're repealing a key part of Obamacare, the ACA, and it's been estimated to result in 13 million without health insurance, and premiums increasing for people who buy them through marketplaces by 10 percent."

"This is a permanent tax cut for corporations, paid for with a permanent tax increase on individuals and by fewer people having health care," Hanlon, now a Senior Fellow at Center for American Progress, explains. He also speaks to whether the ACA provision is included only as a bargaining chip, whether the Obama Administration used similar tactics to get legislation through Congress, and whether there is any evidence that tax cuts of this sort "pay for themselves", as Trump's Treasury Secretary Steve Mnuchin (pictured above with his new wife and new money) and his Economic Policy Adviser Gary Cohn, among others, have asserted in the desperate effort to pass what would be the only major legislation to be adopted under Trump during his first year of office.

But, if all of that doesn't underscore the difference between Republicans, who support the scheme, and Democrats who virulently oppose it, Trump's Chair of the Federal Communications Commission, Ajit Pai, announced today that the FCC's 3 to 2 Republican majority will vote next month to kill landmark Net Neutrality protections instituted during the Obama Administration. We explain what that means, and how it is likely to result in higher prices for customers and content providers (like BradBlog.com and The BradCast) and slower Internet speeds for sites and consumers who don't pay up tolls to Internet provider behemoths like AT&T and Comcast for access to the "fast lane" on the information super-highway. It will be, as one of the two Democratic commissioners on the FCC said in a statement today, a "green light to our nation's largest broadband providers to engage in anti-consumer practices, including blocking, slowing down traffic, and paid prioritization of online applications and services."

Also today, Trump's DHS announced their intention to deport tens of thousands of Haitians who came to the U.S. legally after the devastating 2010 earthquake (along with their U.S. born citizen children?), and an Obama appointed federal judge has permanently blocked the Trump DoJ's attempt to unlawfully withhold federal funding to so-called "sanctuary cities".

Finally, Desi Doyen joins us for the latest Green News Report with very cool news for electric vehicle fans and some encouraging news for breathers and voters alike in Virginia (which, once again, underscores that, yes, elections matter and yes, there is a difference between the two major parties, whether you like it or not.) And we've also got some good news for endangered elephants, but some bad news for endangered lions in today's report...

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On today's BradCast: It's astonishing how many GOP policies, practices and nominees must be pushed through by force, scheming, lying and the breaking of norms and traditions. If any of the stuff they are pushing was actually popular and sought by voters, it doesn't seem like the strong-arm tactics would be necessary. But... [Audio link to show follows below.]

Among the stories covered on today's show:

• Nebraska law disallows state officials from considering Thursday's massive Keystone Pipeline tarsands oil spill in South Dakota in their upcoming decision on permits to build the even larger and more dangerous KeystoneXL Pipeline expansion in Nebraska;
• Things are getting ugly in the U.S. Senate Finance Committee as the GOP attempts to ram through massive, unpopular tax cuts for the rich before the Thanksgiving break;
• Even Fox "News" now finds Alabama's GOP U.S. Senate nominee Roy Moore to be in trouble with voters before the December 12 special election, following growing allegations of sexual assault on minors;
• The U.S. Senate Judiciary Chair does away with 100-year old "blue slip" tradition in order to ram through more of Trump's lifetime appointments to the federal bench;
• Those appointees, a new analysis finds, are almost exclusively white and male;
• They're also "not qualified", dishonest and racist, as investigative journalists have recently discovered;
• So are Trump's appointees to other areas of the federal government, more of whom were forced to resign in disgrace this week;
• In other "Filling the Swamp" news, Trump continues to spin the revolving door with Big Pharma exec nominated to head Health and Human Services (HHS), a Big Coal exec gets rammed through the Senate to head the office of Mining Safety and Health Administration (MSHA), but one wildly inappropriate appointee to the Environmental Protection Agency (EPA) may actually get blocked...by Senate Republicans! What are the odds? Well, we'll believe it when --- and if --- we actually see it...

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On today's BradCast, we head back to Georgia on today's show, to cover the recall effort that is now under way against the state's top election official. But first... [Audio link to show follow below.]

We've got a lot of breaking news as we go to air, including a new spill of some 210,00 gallons of dirty tar sands oil in South Dakota on the Keystone Pipeline. Details were scarce as we went to air, and that number is based on pipeline owner TransCanada's own estimate, but the new spill is likely to affect Nebraska's upcoming decision on the proposed route for TransCanada's controversial KeystoneXL pipeline, which was previously rejected by President Obama, but later approved by President Trump.

The Republican tax cut plan narrowly passed today in the U.S. House on a nearly-party line vote. The scheme, according to non-partisan analysts, would add $1.5 trillion to the national deficit and cut taxes for corporations and the wealthy, while actually resulting in a tax increase for many low- and middle-income Americans. Passage of the unpopular measure is still far from certain, meanwhile, in the U.S. Senate.

Also today, a mistrial was declared in the federal bribery trial against New Jersey's Democratic US Senator Bob Menendez, after the jury was found to be hopelessly deadlocked, with 10 jurors insisting on full acquittal on all charges and two favoring conviction.

The situation for Senate Republicans has not improved following allegations of sexual assault on several teenagers by Roy Moore, Alabama's GOP nominee for next month's US Senate Special Election. An internal GOP poll, according to Politico, finds Moore's numbers tanking against Democratic challenger Doug Jones since the charges came to light. Moore had been up by 16 points in the poll last month. He is now said to be trailing Jones by 12!

And, next door in Georgia, following a massive, covered-up security breach on the state's election server last year, a US House Special Election with questionable results earlier this year in GA's 6th Congressional District, a multi-partisan lawsuit filed to challenge those results and force the state to move away from its wildly-hackable, 100% unverifiable, 15-year old Diebold touch-screen voting systems, and recent blockbuster news revealing that the election server in question was "wiped clean" in the middle of the lawsuit (which the Republican state AG's office now refuses to defend), an official recall petition effort is now underway to demand the removal from office of GA's Republican Sec. of State Brian Kemp.

We're joined today by JOHN ZIEGLER, chair of A Voice for All Georgia, the organization heading up a herculean effort to gather the more than 778,000 signatures of registered GA voters that are required to trigger a recall election (which, he tells me, would be run on the very same 100% unverifiable touch-screen voting systems at the heart of this entire mess!)

Ziegler explains why his group has launched the effort, the obstacles created by the state for successfully obtaining what would be the first recall anywhere in the country of a sitting Sec. of State, and how folks both inside and out of Georgia can help with what HuffPo recently described as "The Biggest Story Nobody's Talking About".

"Kemp and other individuals associated with him have mislabeled our group," Ziegler tells me. "A Voice For All Georgia is a non-partisan group. We have Democrats, we have Republicans, we have Constitutionalists, we have Tea Party members, we have independents. The thing I found very refreshing is that we all share the same common goal, we want to have a secure vote, and we want to have a fair vote, and we want to make sure that all votes count.

"Whether it's gender, ethnicity, religion, values, or beliefs, we all have different opinions, but we've all united together to believe that there should be [a] secure vote, which, in our opinion is to have paper ballots and to have it hand-counted," he says.

Finally, Desi Doyen joins us for a very busy Green News Report, and an update on Thursday's Keystone Pipeline oil spill...

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On today's BradCast, more good news for Dems, more bad news for Republicans, and more disturbing news for all Americans --- and the world. [Audio link to show follows below.]

We start today with the encouraging news for Democrats, as a 26-year old lesbian candidate for state Senate in deep "red" Oklahoma has unseated yet another Republican in a special election this week. It's the third time a state Senate seat has been flipped by Dems in OK since a 24-year old woman became the youngest chair of a state Democratic Party last year.

Speaking of trouble for Republicans, we've also got the latest on the Roy Moore mess in Alabama, as President Trump, also accused of sexual assault by multiple women before his own election last year, has frustrated fellow Republicans by failing to speak out in the matter, following bombshell allegations that Moore assaulted a number of teenagers, as young as 14 years old, while serving as a 32-year old prosecutor. But Moore and his supporters are fighting back today, as is his wildly embarassing attorney. A robocall falsely claiming to be from a reporter at the Washington Post (which originally broke the initial allegations against Moore last week) has reportedly been circulating in Alabama, in advance of the December 12 election, claiming to be offering money in exchange for new allegations against the far Rightwing GOP nominee for US Senate. And, far Rightwing radio propagandist Rush Limbaugh has come up with a very novel defense for the accused GOP child molester at the same time.

Also today, more news on the mass shooting at and near an elementary school in Northern California that killed 5 and wounded 10 others on Tuesday. Many new questions have surfaced about why the shooter, a local man with a criminal record and anger management issues, was able to purchase and then retain semi-automatic weapons even after recent encounters with police including domestic violence complaints and being charged with stabbing a neighbor. But, at least the mass killer wasn't Muslim, so NRA-bribed Republicans can begin ignoring yet another domestic mass shooting immediately.

Then, as concerns continue to grow worldwide over Donald Trump's saber rattling with North Korea and his access to nuclear weapons, the U.S. Senate held a hearing this week to discuss Presidential authority to wage war and launch nuclear weapons without anyone having the ability to prevent him from doing so, if he chooses.

Longtime nuclear weapons policy analyst STEPHEN SCHWARTZ of the Middlebury Institute of International Studies joins us to discuss what, if anything, was accomplished at the Senate hearing, the first on the topic since 1976, and what, if anything, can (or should) be done to restore a more sane use-of-nukes policy in the only nuclear-armed nation in the world which rests sole decision-making power on whether to use such weapons with one single person. That person, currently being Donald J. Trump, has raised many worries from Democrats and Republicans in Congress alike. Whether they're willing or able to do anything about it, however, is a different matter, as we also discuss today.

"The reality of the situation is that you're putting enormous power in the hands of one person," Schwartz, tells me, detailing how, short of "mass insubordination" by military leadership, even they would be unable to prevent such an event if Trump ordered it. And, he explains, even objections on legal or Constitutional grounds by military leadership might be insufficient to prevent disaster in the "at most 15 minutes, perhaps, as little as five or ten" during which a President would have to make a decision about how to respond in the event of an apparent incoming attack.

You'll want to tune in for this conversation, if only to hear the explanation of how the nuclear "football", at all times within reach of any American President since the Cold War, actually works. Schwartz, the former longtime Executive Director and Publisher of the Bulletin of Atomic Scientists (keepers of the infamous "Doomsday Clock") also suggests several ways in which we could improve (or, help Trump-proof) the current dangerous system to help avoid "what could be a life-ending, a world-ending decision"...

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On today's BradCast: Have you ever considered running for office? If so, and if you're a progressive, you probably couldn't come up with a better year to it than in the upcoming 2018 mid-term elections! And my guest on today's show says he'd love to help you do it! [Audio link to show follows below.]

But, first up today: It was another day in America, so another mass shooting. We cover today's breaking news out of Northern California where 4 were killed and 10 shot by a gunman who was eventually shot by police in a very rural and economically depressed part of the state. The shooter reportedly fired, sometimes randomly, at some seven different scenes and targeted an elementary school before he was finally taken down. While still officially unidentified as of airtime, the gunman is said to have had a history of domestic violence and neighbors who complained that he was threatening and had recently been heard firing off large magazines of gunfire in recent days. Despite his record, however, he was somehow able to legally obtain the semi-automatic rifle and two hand guns found with him after he was killed.

Republican elected officials who represent the area offered "prayers", as usual, in the wake of this latest shooting. Democratic Gubernatorial hopefuls in the state vowed to take action to help curb American's continuing gun epidemic.

In not-unrelated news, it happens to be "National Run for Office Day", as declared by a host of progressive organizations. To help celebrate, we're joined today by ROSS MORALES ROCKETTO, co-founder of Run for Something, a national progressive organization dedicated to helping first- and second-time progressive grassroots candidates --- particularly millennials, women and people of color --- step up and run for state and local offices.

The group, "born of the tears of the 2016 election", hopes to run more than 1,000 candidates across the country next year, for everything from state representative to city council to local library boards and Boards of Education. They also saw at least 32 of their endorsed candidates win races in last week's 2017 off-year elections, including a number of stunning underdog Democratic victories by first time candidates against long-entrenched Republican office holders.

Rocketto explains how and why he formed the group along with a former Hillary Clinton Campaign staffer; how they determine which candidates to endorse and help; what is needed to run and win a successful grassroots progressive campaign; and how you --- yes, YOU! --- may wish to consider visiting their webpage and getting started to run for something yourself in 2018!

"What we're really trying to do is recruit and support the next generation of progressive Democrats running down-ticket," he tells me. "We think that 2018, for example, is going to be the year of the down-ballot candidates. We know that only 5% of state legislators across the country are millennial, and the millennial generation is going to be the largest voting bloc in the next set of presidential elections. That's what we're setting out to do specifically in 2018."

"We've been hearing from people all across the country that in this particular moment, they want to make a difference in their communities. And, honestly, one of the best ways and the most effective ways to make a difference in your community is to run for office locally," Rocketto says. "The things that impacts people's lives the most on a day-to -day basis tend to be at that local level. And that's what's been so powerful about the stories that we hear from our candidates that are running."

He goes on to cite stories of some of them, like 22-year old Heather Ward in Pennsylvania, who ran and won last week for school board "in a district that is largely Republican" to become the youngest ever to serve on the board, and transgender candidate Danica Roem who unseated a virulent homophobe in Virginia's House of Delegates. We also discuss other progressive groups similarly working to recruit grassroots candidates, like Bernie Sanders' Our Revolution, which supported a 30-year old Marine vet Lee Carter, who unseated the GOP House Majority Whip in Virginia while running as a Democratic Socialist.

Also on today's program: Late updates on Alabama's disastrous GOP nominee for U.S. Senate, Roy Moore following new allegations yesterday of a violent sexual assault against a minor; Several hearings held today in the U.S. House and Senate; and Desi Doyen joins us for the latest Green News Report...

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On today's BradCast, we were live today on our flagship station in Los Angeles, after the latest round of fund drives at KPFK/Pacific Radio, and had lots to discuss with callers in the wake of the Roy Moore mess and new developments and allegations. [Audio link to show is posted below.]

Another accuser stepped forward on Monday, charging that Alabama's Republican nominee for the U.S. Senate Special Election, sexually assaulted her when she was a minor, while he was serving as District Attorney in the state. And, even prior to today's new allegations, the news for the GOP Senate was becoming increasingly grim by the hour following the Washington Post's explosive exposé of charges by four different women against Moore published late last week.

A new poll shows Moore's Democratic opponent, former U.S. Attorney Doug Jones, is now up over the controversial GOP candidate by 4 points, just weeks before the December 12th election, in the wake of the initial allegations that Moore sexually pursued four teenagers, one as young as 14 years old, in the late 70s and 80s.

Three Republican U.S. Senators rescinded their endorsements for Moore over the weekend and, on Monday, Senate Majority Leader Mitch McConnell called on him to step aside --- without using the "if true" qualification he'd used previously --- saying that he now believed the women who had accused Moore. McConnel also added he is now seeking a write-in candidate willing to run, since it's too late to remove Moore from the ballot. Sen. Cory Gardner (R-CO) head of the Senate Republicans' campaign committee, called on the Senate to expel the controversial far Rightwing "conservative" "Christian" if he wins. But some Republicans are now calling on Alabama's Governor and legislature to cancel the Special Election to fill the seat vacated by Attorney General Jeff Sessions all together. (Good luck in federal court if they decide to take such an unprecedented move to cancel an election, because it looks like they may lose.)

And, of course, all of that was before yet another woman stepped forward on Monday to say that she was "attacked" by Moore as "a child". The new accuser says she feared Moore was going to rape her when she was 16 and she had to physically fight him off in his car, after she'd received a ride home from Moore, a regular patron at the restaurant where she worked as a waitress while he was a prosecutor in his 30s.

Meanwhile, Moore and his wife both claim the charges against him are all part of a "witch hunt" by media, the Republican establishment and the Democratic party and have said they plan to sue the Washington Post which reported the initial allegations last week.

We cover all of those late details, and then open the phone lines to callers today, to ring in on all of the above and much more!...

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