Rowan County, Kentucky Clerk Kim Davis continues to defy federal court orders to issue marriage licenses to two gay and two straight couples. Their attorney, Joe Dunman, joins us on today's BradCast for a fascinating discussion of the case, how we got here, and where it all goes from here.

"To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience," the elected County Clerk said in a statement today following the U.S. Supreme Court's refusal yesterday to hear Davis' application for an "asylum of conscience" and her own refusal, once again today, to issue licenses.

"It is a Heaven or Hell decision," she adds. Guess which one she's choosing?

Dunman, who also represented the Kentucky couples in SCOTUS' landmark Obergefell v. Hodges case that declared marriage equality a fundamental right in all 50 states, tells me that Davis is not required to actually perform any marriages. "She's not obligated to solemnize a marriage at all. The only thing she has to do is stamp her name on the documents that are filed with the state."

"In her arguments so far, she claims that [by] putting her name on it, she is 'authorizing and blessing' those marriages." But the U.S. District Court Judge (as well as the 6th Circuit U.S. Court of Appeals and now the U.S. Supreme Court) "disagreed, and said 'look, you're just certifying that they meet the legal standards, that they're eligible for marriage licenses --- that's all you're doing. You're not blessing anything. For that reason she doesn't have a religious objection. Not to mention that there's no case law to support the idea that public officials have religious rights that trump the civil rights of other people."

"Extending her logic outward, there's really no end to what a public official could do. All they'd have to claim that they sincerely believe something, and they just do it," Dunman explains. "I want people to imagine a Muslim clerk in Kentucky denying licenses to Christian couples as they walk in the door, and whether or not people would be standing up for 'religious freedom.'"

The attorney also notes that Kentucky's Republican Gubernatorial candidate, Matt Bevin, "has come out strongly in her support" for Davis, who is actually a Democrat, "going so far as to say 'Clerks Lives Matter' during a rally in her favor."

Also on today's BradCast: Reverberations following yesterday's interview with Beth Clarkson, the Kansas statistician who believes she's found evidence of "voting machine manipulation", but is being blocked by KS Sec. of State Kris Kobach from examining the e-voting system's paper audit logs from the 2014 election.

Plus: A crazy case of "voter suppression" --- of a very bizarre sort --- in Columbia, Missouri; Alabama's plans to shut down 45 of its 49 driver's license offices (despite the state's strict Photo ID voting restriction law); and Obama makes an impassioned plea for action on climate change up in the Arctic...

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We've got a big BradCast today, with on-the-ground reports from Ferguson, the huge Bernie Sanders rally in Los Angeles and an extended portion of an exclusive interview with Sanders himself.

First, we check in with Cassandra Fairbanks from our affiliate Sputnik News. She's in Ferguson covering the protests of the police killing of Michael Brown one year after his death and the birth of the Black Lives Matter movement.

Fairbanks was, incredibly, arrested yesterday while covering one of the demonstrations as a journalist. "They started arresting everyone," she tells me in detailing the incident. "I said, 'You know I'm press, and [the police officer] was like, 'I don't care, you're going to jail.' It was arrest first, ask questions later."

She also reports that white, militant rightwing protesters, openly carrying semi-automatic weapons in Ferguson, are being left alone by the St. Louis County police while local black protesters are receiving an entirely different treatment for the mere suspicion of being armed.

Then, 'feeling the Bern' in L.A. after 2016 Democratic Presidential candidate Bernie Sanders drew some 28,000 supporters to the L.A. Memorial Sports Arena out here last night, following only slightly smaller crowds over the weekend in Portland and Seattle where he also faced a small, but intense protest from self-proclaimed members of the Black Lives Matter movement.

We detail how Sanders' campaign appears to have deftly adjusted course in the wake of that and a similar protest in Phoenix last month, but how big questions about his foreign policy positions still linger for many progressives. (Our recent interview with author and peace activist David Swanson on that latter issue is back here.)

Former BradCast associate producer Margot Paez interviews Sanders supporters at the raucus L.A. event on the foreign policy questions, and then Nicole Sandler, of our affiliate RadioOrNot.com, presses Sanders himself on the matter in an exclusive interview!

"If you have an aggressive foreign policy, if you think the United States should have ground troops in the Middle East, if you think we should be engaged in perpetual warfare, well, then you're going to have a larger military budget," Sanders tells Sandler. "Needless to say, that's not my view. I think organizations like ISIS and al Qaeda, very dangerous organizations, have to be combated and have to be defeated. But it can't be the United States alone," he says.

He discusses, if somewhat vaguely, his position on aiding partners in the Middle East and argues that "we can make judicious cuts in military spending without harming our ability to defend ourselves."

All of that and much more, including the latest Green News Report with Desi Doyen on today's BradCast! Please enjoy responsibly!

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Yes, Donald Trump is still leading in the national polls, but, after that, we turn to slightly more serious topics on today's BradCast, as a nuclear deal is finally struck between Iran, the U.S., China, Russia, France, Great Britain and Germany.

But, of course, those heads you hear exploding are (mostly) Republican Presidential candidates who, it seems, are either talking about another deal entirely or they haven't a clue how foreign policy actually works or maybe they've been living in a cave over the past 15 years. (Particularly the years from 2000 to 2008.)

Scott Walker, a very serious candidate for the Republican nomination, is particularly daft on the issue, opposing the agreement with Iran on absolutely ridiculous grounds. But his domestic policy is quite a different and far more disturbing matter. It includes a legal/political/Constitutional philosophy that, while once rejected by the courts and largely left for dead, is now "ascendant within the Republican coalition," as my guest, constitutional law expert Ian Millhiser explains on today's show.

"One thing that has transformed amongst the American right in the last several years is a desire to implement their agenda through any means necessary --- and if that means bypassing the democratic process and just getting their friends on the Supreme Court to implement it, they're happy to do that," Millhiser tells me while discussing one key dog-whistle offered during the Wisconsin Governor's announcement of his 2016 GOP candidacy on Monday.

"What they're doing here is they're trying to effectuate a wholesale transfer of power from the two branches of government that are elected to the one branch of government that is not elected," he says. "And I don't care what your agenda is, that's not something that should be done."

Not a dime's worth of difference between the two major parties? We discuss that laziest of knee-jerkisms --- you decide...

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Today's landmark SCOTUS ruling on marriage equality was an extraordinary end to an extraordinary week. So, that what I was more than happy to cover on today's BradCast.

Rights win again, as the U.S. Supreme Court finally declares marriage equality to be a fundamental right to Americans in all 50 states in the union. We discuss the 5-4 opinion in Obergefell v. Hodges, its Constitutional basis, its fallout, its dead enders, and how we predicted it years ago --- even as the GOP was using "gay marriage" as a politicized weapon back in the 2004 elections.

Our guest is Raw Story's Mike Rogers, who, as a journalist, has been helping to lead the way in this fight for years and served as the inspiration behind Kirby Dick's 2009 documentary film, Outrage, "a searing expose of the secret lives of closeted gay politicians".

Rogers credits the Internet and the first-hand coverage of cases that it allowed, for shifting American opinion so quickly on the issue. It "gave us the opportunity to do the most important thing, which is to tell the stories in our own voices," he explains. "America hearing from those folks, and being able to more creatively use the media and the web --- to be able to move those stories of people with kids, people with spouses, people who were widowed like Jim Obergefell in his case, and what it will mean for him and his family now that his marriage is recognized in Ohio --- that happened because of a shifting change in the media. Change doesn't happen without that."

Mike has also been a long-time friend of the blog and the show, having joined us for our "Big Gay Hour" episodes years before such things were done in polite company over our nation's public airwaves. Plus: Desi Doyen joins us for the latest Green News Report, to take us into the weekend. Enjoy the show!

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Today we covered two stories I've been trying to get to for a while on The BradCast, and they're both related.

The first is the story of the state lottery insider who hacked the system to "win" a $14 million jackpot --- begging the question: if a state run lottery with a multi-million dollar security system can't protect against insider manipulation, how can a local election official do it, particularly with Internet Voting systems that partisans and profiteers continue to push for?

The second also relates to the first. Computer science and security expert Jeremy Epstein of Virginia Verified Voting joins me to discuss the immediate decertification of 1/5 of Virginia's voting systems after a state analysis found what many of us had been warning about for years: the AVS WINVote system is so simple to hack that, Epstein says, if it hadn't already been hacked in the decade its been in use there, "it was only because no one tried."

A must-listen version of The BradCast, if I say so myself. Or you can wait until Halloween if you're looking for something really scary.

We also covered some encouraging economic news out today, and who to "blame" for it; Missouri Republicans overriding the Democratic Governor's veto to cut off public assistance to children and families; and what the NRA wants you to get mom for Mother's Day...

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While we post The BradCast here everyday, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

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[This article now cross-published by Salon...]

The Birmingham attorney for U.S. District Court Judge Mark Fuller says that, despite 911 audio which seems to suggest otherwise, his client "never hit, punched, slapped or kicked" his wife Kelli in an Atlanta hotel room last year. The federal judge was simply defending himself from the "hysterical" rage of his wife who, the attorney now tells The BRAD BLOG, blatantly lied to police about the entire incident before his client was subsequently arrested on charges of domestic battery.

Moreover, Barry Ragsdale tells us, Kelli Fuller was "drunk" when she called 911. He says "slap" sounds heard clearly on the audio tape as she told the 911 dispatcher she was being beaten and needed an ambulance were either an attempt by Judge Fuller's wife to "imitate the sounds of slapping" or just "random background noises produced by someone who was intoxicated and hysterical."

In several emails sent to The BRAD BLOG in recent days, Ragsdale provided the most detailed public defense yet of his client, a lifetime appointee to the federal bench in Alabama's Middle District.

Ragsdale was responding to our queries after we exclusively published the complete 911 call from the domestic violence incident that occurred last August. The audio, obtained from the Atlanta Police Department, appears to contradict remarks given by Ragsdale to reporter Timothy M. Phelps of the Los Angeles Times earlier this month, in which the attorney claimed that, despite the arrest and a police report describing Kelli Fuller's "visible lacerations to her mouth and forehead" and other signs of abuse when officials arrived on the scene, it was actually Judge Fuller, not his second wife Kelli, who was the victim of a physical attack in their Ritz-Carlton hotel room in August of 2014...

If you were looking for a fresh reminder as to why Vote-by-Mail is a terrible idea, why provisional ballots are not the same as actually casting a vote, and why there needs to be more accountability for and oversight of election officials, today's BradCast on KPFK/Pacifica Radio should fit the bill.

In short, we cover the election contest now pending in the race for City Council (Seat 1) in the San Diego County city of Chula Vista, CA. The certified results from the November 2014 election show a 2-vote margin between the John McCann (R) and Steve Padilla (D) in a race with some 37,000 ballots cast. McCann has been certified as the "winner".

Trouble is, according to the lawsuit [PDF], at least 15 mail-in and provisional ballots were rejected, even though the signatures on them matched the signatures from the voters' registrations on file. That, argues attorney John S. Moot (my guest this week, and a former Chula Vista City Council Member himself), is in violation of the law.

The other trouble is, those ballots were rejected by San Diego County Registrar Michael Vu, who was the infamous Election Director of Cuyahoga County, Ohio's most populist (and most Democratic) county during the 2004 Presidential election, when two of his immediate subordinates were indicted and found guilty of rigging the Presidential "recount" in Cuyahoga. Yes, if you didn't know or don't remember, there was a partial "recount" of that election, across the entire Buckeye State, as requested by the Green and Libertarian Parties. And, yes, it was found to have been rigged in a court of law.

Vu, who was protected at the time by the Republicans who ran the Cuyahoga Election Board, was never charged and was happily hired not long thereafter by San Diego County, where elections have been little more than a joke for many years, even before Vu got there.

For the full story on this, listen to this week's show and Moot's commentary on the suit he's filed on behalf of his client, a long-time poll worker and voter from Chula Vista.

ALSO on this week's program: Accountability, finally, for an election official elsewhere (in St. Louis County, MO), and the fake "voter fraud" activist set to testify at AG-nominee Loretta Lynch's very real U.S. Senate nomination proceedings. Plus, as usual, much more, including Desi Doyen with the latest Green News Report.

Enjoy!...

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St. Louis County Director of Elections Rita Days, a former Democratic state Senator who we reported on last November, was unanimously removed from office by the County Board of Elections Commissioners on Tuesday night, according to a late report from KMOV...

In the weeks following the November 2014 election, The BRAD BLOG reported exclusively on emails sent to Days by local Election Integrity advocates in advance of the election, advising that her plan for deploying paper ballots would likely fall short of demand on Election Day. It did. As St. Louis Public Radio reported on the day after the election, "unexpected demand for paper ballots caused a shortage at about 95 polling places throughout the county Tuesday. That's more than 20 percent of the county's 444 balloting sites."

But, as we detailed in our own report, the demand was not "unexpected", as Days had been warned, well in advance, about the likelihood of paper ballots running out...

I had hoped to keep this week's Thanksgiving BradCast on KPFK/Pacifica Radio kinda light, cuz, ya know, it's Thanksgiving. St. Louis County Prosecutor Bob McCulloch didn't make that easy.

Nonetheless, we ended up with a very lively show, covering one helluva election fraud mystery in Maine; some good election news in Oregon; and exclusive information on why Ferguson and St. Louis County ran out of paper ballots on Election Day.

Then, speaking of bad news, it's Thanksgiving week and, yes, the news is lousy, so what is there to be thankful for in the wake of this week's terrible news in Ferguson and all the bad news of late before it? Some great callers come to the rescue!

My thanks to all of you this Thanksgiving which, as a few callers reminded me, isn't nearly as terrible as it seemed before this week's show...

Download MP3 or listen online here...

UPDATE 12/10/2014: MAINE MYSTERY SOLVED! Full details now here...

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"Seasons Greetings"? No "Merry Christmas"?! Fox "News" is gonna be furious.

P.S. A few selected thoughts of mine on the events in Ferguson this evening, from throughout the night on Twitter, follow below...

Election officials in St. Louis County, Missouri were repeatedly warned by local Election Integrity advocates that a plan to supply enough paper ballots for only 15% of the electorate at polling places on Election Day there would not be enough, according to emails obtained by The BRAD BLOG.

The emails, sent well before Election Day, expressed concern and doubt about "enough paper ballots at every polling place on November 4th to cover all of the voters who would like to have one," as one of advocates wrote to the Democratic Director of Elections in St. Louis County.

The warnings were ignored, the missives suggest, and, as reported by local media, the result was a widespread shortage of paper ballots on Election Day 2014 at sites throughout the county, including in the embattled city of Ferguson, MO. Throughout the county, the shortage of ballots resulted in long lines and voters who were turned away or forced to vote on 100% unverifiable touch-screen systems which the county has long encouraged voters to use. Some precincts were required to stay open at least an hour after the normal closing time in order to accommodate those who were in line to vote before the close of polls at 7pm local time.

St. Louis Public Radio reported the day after the election that "unexpected demand for paper ballots caused a shortage at about 95 polling places throughout the county Tuesday. That's more than 20 percent of the county's 444 balloting sites."

"The paper shortage," they explained, "was the biggest unexpected problem on Election Day."

But, in truth, it wasn't unexpected at all, at least according to emails we reviewed to and from the county's chief election official, suggesting that the Board of Elections simply ignored the clear warnings they had received from local Election Integrity experts...

It's been happening for years now. On the day after elections like last Tuesday's, media figures begin navel gazing to figure out how pre-election polls, created by dozens of independent pollsters using dozens of different methodologies, could all find the same thing but turn out to be so wrong once the election results are in.

The presumption is that the results are always right, and if they don't match the pre-election polling, its the polling that must be wrong, as opposed to the election results.

On Wednesday morning, after Tuesday's mid-term election surprise in which Republicans reportedly won handily in race after race despite pre-election polls almost unanimously predicting much closer races or outright Democratic victories, FiveThirtyEight statistics guru Nate Silver declared "The Polls Were Skewed Toward Democrats".

His analysis of aggregated averages from dozens of different pollsters and polls this year found that the performance of Democrats was overestimated by approximately 4 percentage points in Senate races and 3.4 points in gubernatorial contests. Silver's assessment relies on a "simple average of all polls released in the final three weeks of the campaign," as compared to the (unofficial and almost entirely unverified) election results reported on Tuesday night. He doesn't suggest there was anything nefarious in the polling bias towards Dems this year, simply that the pollsters got it wrong for a number of speculative reasons.

Citing the fact that nearly all of the polls suggested Democrats would do much better than they ultimately did, when compared to the reported election results, Silver asserts it wasn't that the polls were more wrong that usual, per se, but that almost all of them were wrong in a way that appears to have overestimated Democratic performance on Election Day.

"This year's polls were not especially inaccurate," he explains. "Between gubernatorial and Senate races, the average poll missed the final result by an average of about 5 percentage points --- well in line with the recent average. The problem is that almost all of the misses were in the same direction."

Silver is much smarter than I when it comes to numbers; I'm happy to presume he has the basic math right. But he seems to have a blind spot in his presumption that the pre-election polls were wrong and the election results were right. That, despite the lack of verification of virtually any of the results from Tuesday night, despite myriad and widespread if almost completely ignored problems and failures at polls across the country that day, and despite systematic voter suppression and dirty tricks that almost certainly resulted in election results (verified or otherwise) that were skewed toward Republicans...

Long time BRAD BLOG reader Cary Aye tells us via Facebook:

Not sure what that means politically, but we like the "Karma win!" St. Louis County has been notoriously terrible at forcing voters to use 100% unverifiable touch-screen systems over the years, even though all Missouri voters are allowed to vote on paper ballots --- if they know to ask one.

Good work, Carey! Thank you for fighting for a verifiable vote --- especially in Missouri and particularly in Ferguson!

UPDATE 7:09p PT: A family member of ours from St. Louis County, MO calls to say that paper ballots ran out in many locations, and that voters are still in line two hours after polls have closed. If you were in line as of poll close at 7p CT, you are still allowed to vote. Keep waiting, St. Louis voters!

UPDATE 12:44a PT: A few more strange details about all of this, reported by local media today, seem worth noting here for now...

Earlier this week I wrote about Charlie Grapski's attempt to get at the Ferguson and St. Louis County Police Department's documentation on Officer Darren Wilson's killing of Michael Brown via a long string of public records requests under the Missouri Sunshine Act law.

On this week's BradCast on KPFK/Pacifica Radio, I spoke with Grapski, who heads up PhotographyIsNotACrime.com's new Opens Records Project, concerning his tireless efforts to obtain the real Incident Report and other documentation of Brown's shooting from either department --- if such documentation actually exists, as is required by law.

Grapski explains that, based on some pretty solid evidence he's received in response to his open records requests to date, he believes "it's more likely than not" that an actual Incident Report of the event was created by the police, but that "they have withheld it." If so, that would amount to a criminal cover-up and a very serious violation of the law. Listen to my full conversation with him for much more.

Also this week, an update to our interview last week with Rep. Hank Johnson (D-GA) regarding his legislation to demilitarize the police: The President has announced a task force to review the Pentagon's 1033 program that has transferred billions in surplus arms and other military equipment to local police around the nation. We also covered the latest maddening news in the story of U.S. District Court Judge Mark Fuller --- who presided over the trial political prosecution of former AL Gov. Don Siegelman (D) --- as the George W. Bush lifetime appointee to the federal bench attempts to avoid his own prosecution all together after having been recently arrested on charges of beating his wife bloody in an Atlanta hotel room.

Plus: The latest on the GOP's Photo ID voting battle in WI; Rick Perry's latest "oops"; the newly published, secretly-recorded audio tapes revealing, once again, how the Republicans and the Koch Brothers now have a death-grip on democracy; and, as usual, the latest Green News Report with the lovely Desi Doyen, and a few other things.

Lots of news, muck-raking and trouble-making in just under 58 minutes. Please enjoy!...

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As noted previously, I am originally from (and embarrassed for) St. Louis County, MO. Recently, I spoke to a family member for the first time since the mess blew up in Ferguson, and she told me that, while troubled by it, she was willing to "wait until all the information came out" before passing judgment one way or another.

But, as I explained, there is no need to wait. Judgment may already be passed. No matter we may later learn, the police in Ferguson and St. Louis County broke the law and violated their own written policies by not detailing what happened in an Incident Report after Ferguson Police officer Darren Wilson gunned down Michael Brown, an unarmed African-American teenager, in the middle of the street more than two weeks ago.

That, pretty much, tells you all you need to know in order to pass judgment. Whatever happened during that tragic afternoon, the local police immediately began either covering it up or lying about it. How else to explain the lack of an Incident Report, which must be filed after any such incident?

After the shooting, many wondered why the police hadn't released their Incident Report of the event to the public. After all, they released a full report, and surveillance video, from a convenience store incident where they allege Brown had shoplifted some cigars just minutes prior to his killing. So, where was the Incident Report describing the matter in which Wilson shot Brown dead just minutes later during an unrelated confrontation on the street? We now know there was no such report, at least according to the documents finally released by the police themselves. The laughably terse "Incident Report" eventually released by the St. Louis County Police (the Ferguson Police never released one of their own), includes little more than a date and an address where the shooting occurred, but no other information about what actually happened.

Moreover, dates on the few documents released make it fairly plain that the Incident Report released to the public, bereft of actual information about the, ya know, incident, was filed some two weeks after the actual killing.

In a long, detailed and meticulously-documented post at PhotographyIsNotACrime.com (PINAC) on Monday, Charlie Grapski outlines a string of public records requests he filed with Ferguson and St. Louis County police in an attempt to get at the Incident Report (and other documents) related to Brown's shooting.

The upshot: there were no contemporaneous reports of the incident at best, or, more nefariously, there was an Incident Report, but the local police have since destroyed it, or are otherwise covering the entire affair up by not releasing it to the public and lying about it...