On today's BradCast: The GOP's utter contempt for democracy and voters is now on full display in several states where things did not go well for the party during the November midterms, and nowhere more so than Wisconsin. [Audio link to show follows below.]

In states where Democratic candidates did well in last month's midterms, leading to a loss of control by Republican lawmakers, there is now a desperate and brazen scramble in lame duck legislative sessions to pass laws in hopes of robbing power from incoming Democrats before they can be seated. In Michigan, for example, where Dems won statewide races for Governor and Secretary of State and voters overwhelmingly adopted ballot initiatives to expand voting rights, GOPers are jamming through last-minute legislation to prevent the Election Day registration that voters had adopted.

In North Carolina, the Republican-controlled state legislature is ramming through a Photo ID restriction law before they lose their Super-Majority to override Democratic Governor Roy Cooper's vetoes. That action is particularly hypocritical as the state is in the midst of a massive absentee ballot election fraud scandal, apparently perpetrated by a GOP contractor and former felon hired by Republican Mark Harris in his race against Democrat Dan McCready for the U.S. House seat in the state's 9th district. Republicans claim that Photo ID voting restrictions at the polling place are necessary to prevent fraud --- of which there is little or none by voters --- even while calling for Harris to be certified by the state despite clear evidence of serious absentee ballot fraud on behalf of the Republican candidate. We've got more new details on that ongoing probe today, which has prevented Harris' reported win --- by just 905 votes out of more than 280,000 tallied --- from being certified by the state Board of Elections.

But it is Wisconsin today where the GOP is attempting perhaps the most audacious power grab in the nation this year. As Republican Gov. Scott Walker was voted out in November in favor of Democrat Tony Evers, the GOP is attempting to usurp the powers of the incoming Governor, along with Democratic Attorney General-elect Josh Kaul, on a litany of issues before they can be sworn in. The new provisions, never mentioned by Republicans during the campaign, were introduced suddenly in a massive 144-page bill unveiled late last Friday night in a special legislative lame duck session called before Walker is finally out.

Despite Democrats having won every statewide contest on the ballot in Wisconsin's 2018 midterms, Republicans were able to retain control of the wildly gerrymandered State Assembly. They received just 45 percent of the vote overall, but will nonetheless control 63 of 99 seats in the Assembly. This week, they are using that ill-gotten legislative muscle to swipe the incoming Governor and AG's powers. They hope to block the Democrats' campaign promises to expand healthcare and ease suppressive voting restrictions (which arguably resulted in enough voter disenfranchisement to narrowly give the state to Donald Trump in 2016). Republicans are also attempting to restrict early voting in 2020 in hopes of avoiding losses similar to those suffered by GOPers in 2018. The unprecedented Republican power grab has led to protests at the state capital in Madison this week of the type not seen since shortly after Walker took power in 2011 and immediately worked with the Republican legislature to strip collective bargaining rights from public union members.

We're joined today by OneWisconsinNow's ANALIESE EICHER --- a plaintiff in the 2016 federal case which struck down the WI GOP's previous attempt to curtail early voting --- to detail the outrageous and unprecedented #WIGOPPowerGrab being strong-armed through the state legislature tonight.

"What we're seeing here is the obliteration of the separation of powers," Eicher tells me. "We know that when Republicans don't like the results, they seek to change the rules and to change how things operate. With Democrats sweeping six statewide elections here in Wisconsin, the only option for the Republicans to maintain what they thought was their really, really great unilateral control of the State of Wisconsin is to make changes."

"We're seeing everything from limiting local governments' abilities to do work on their roads, limiting their abilities to pay a prevailing wage, changing the makeup and composition of boards and commissions in Wisconsin, so that the legislature has equal or more power than the Governor in regards to appointments. We're seeing change's to people's abilities to get healthcare and receive benefits," she says.

"We're seeing changes to the Attorney General's office, as to whether the Attorney General can leave a lawsuit or join a lawsuit," she explains, referring to Kaul's vow to remove WI from the federal lawsuit by several GOP-controlled states challenging the Constitutionality of ObamaCare and its protections for people with pre-existing conditions. "This extraordinary session bill severely limits his ability to essentially do what he campaigned on, and what people voted for him to do."

As one Democrat noted during hearings today in Madison, the action being taken by the legislature "will invalidate the results of the will of the people and shows direct contempt for the voters". But, of course, that is the whole idea, since Republicans now clearly hate democracy. Eicher argues Republicans "want to stay in power, no matter what the cost" and suggests "voters are not responding well to what's happening in this extraordinary session." She believes they will pay a price for this in 2020.

Finally today, we're joined by Desi Doyen with the latest Green News Report, with a look at the late George H.W. Bush's environmental legacy, Donald Trump's isolation of the U.S. on climate change policy at the recent G20 meeting in Argentina, and a warning for the world issued this week as the annual U.N. climate summit opened this week in Poland...

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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, we fly through a mountain of incoming stories (with the help of a great guest!) as the news gods seem to be unleashing a tidal wave in advance of the Thanksgiving Day holiday. [Audio link posted below. Buckle up before clicking.]

Among the ridiculous number of stories covered today...

• Five are dead after three shootings in three different states over the past 24 hours;
• Despite warning of an "invasion" on the U.S. southern border by a migrant caravan from Central America prior to the midterm elections, now that the elections are done, the Trump Administration is reportedly withdrawing more than 5,000 military troops they had deployed to the border just weeks ago;
• The President's daughter and senior adviser Ivanka Trump reportedly sent hundreds of government related emails via a private email server over the course of 2017 in the months following her father's election in which he repeatedly called for his opponent, Hillary Clinton, to be "locked up" for doing the same thing. Ivanka's husband, Jared Kushner, also a senior adviser to Trump, reportedly used the same private server for government-related communications.

On the election results front...

• Republican Rep. Will Hurd has reportedly squeaked out a victory over Democratic challenger Gina Ortiz Jones in Texas' 23rd Congressional District. The contest was among a handful of still-undecided races;
• At the same time, Democrat Ben McAdams appears to have pulled back into the lead over GOP Rep. Mia Love in Utah's 4th Congressional District, where it now appears McAdams will be the victor by fewer than 700 votes out of some 270,000 tallied, flipping yet another U.S. House seat from "red" to "blue". The final margin is reportedly 0.258%, just above the 0.25% that would have allowed Love to request a recount in the otherwise ruby "red" state.
• When the few remaining undecided U.S. House seats are called, Democrats appear on track to have picked up an extraordinary 39 seats in their "blue wave".
• One of the three still-undecided House races is in Georgia, where this year's Libertarian candidate for Sec. of State has now endorsed Democratic candidate John Barrow in the upcoming December 4th runoff against Republican Brad Raffensperger to replace GA's vote suppressing Sec. of State, now Governor-elect Brian Kemp;
• In Wisconsin, Democrats won every single statewide race on November 6th, including Governor (unseating Scott Walker) and U.S. Senate. They also outvoted Republicans in State Assembly races by 8 percentage points, 54 to 46 percent. Nonetheless, thanks to the GOP's extreme partisan gerrymandering in the Badger State, Republicans will hold 63 seats to the Democrats' 36 in the new Assembly;

The great (and newly wed!) MARK JOSEPH STERN, legal journalist at Slate, joins us to discuss how voters pushed back against gerrymandering this year by approving ballot initiatives --- and other measures --- in several states on November 6th, in an attempt to restore fair(er) elections in the wake of the U.S. Supreme Court opting to not strike down partisan gerrymanders as unconstitutional in states such as Wisconsin and North Carolina earlier this year. Among the many other issues we fly through with Stern today, on which he offers his as-always cogent legal insight...

• Ivanka and Hillary's email issues (Stern hopes a Democratic House investigation will result in real reform to the "arguably improper" if not unlawful use of private email by officials like Trump and Clinton, though not in the opportunistic political fashion that GOPers previously dealt with the issue);
• Trump's appointment of GOP operative Matthew Whitaker as Acting Attorney General (which Stern describes as blatantly "illegal" and, he believes, very likely to be struck down by the Courts). He also describes the DoJ's legal defense of the maneuver as "laughable";
• A federal court on Monday night blocked the Trump Administration's new regulation denying asylum claims by immigrants who fail to present themselves at a port of entry (Stern explains the judge found the Administration's new rule to be in strict violation of federal laws, and predicts that even Chief Justice John Roberts, based on similar rulings he made against the Obama Administration, will be forced to agree when the case reaches SCOTUS);
• The decision by a Trump-appointed federal judge to order the White House to restore press credentials to CNN's Jim Acosta (Stern is impressed with the Trump judge's anti-Trump ruling, I remain a bit more skeptical);
• And how (and why) Trump's controversial new Justice Brett Kavanaugh has, so far, laid low by not yet fuly tossing in with the Court's nihilist right-wing caucus.

Finally, Desi Doyen joins us for our latest Green News Report as the catastrophic wildfires continue to burn in California, Trump shows up to make things worse, and a coming turn in the weather signals both good news and bad for firefighters and recovery workers amid the record disaster...

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On today's BradCast: More races were called and more candidates conceded over the weekend, as the counting from the midterm elections gets still closer to finally wrapping up, and as voter suppression by GOPers in two key states worked their magic. [Audio link to show follow below.]

But, first up today, the latest on the horrific California wildfires, with nearly 1,000 still said to be missing in the enormous Camp Fire in Northern California, where 77 were confirmed to have been killed as of airtime. Donald Trump toured the region over the weekend, referred to Paradise --- the town which was leveled shortly after the inferno broke out on November 8th --- as "Pleasure", and otherwise made something up, apparently out of whole cloth, about Finland raking their forest floors to prevent such disasters. Desi Doyen joins us for actual facts that apparently the President of the United States doesn't have access to, and to warn about what effect the rains predicted for this week over the Thanksgiving holiday may have on the blazes and their dangerous aftermaths.

Next, it's back to the continuing tally and fight to count votes from the November 6th midterm elections, as the last of the still-undecided races begin to get wrapped up, and several races get called by media over the weekend. In Florida, Republican Governor Rick Scott's years of disenfranchising some 1.7 million former felons (500,000 of them African American) paid off. The Sunshine State's incumbent Democratic Sen. Bill Nelson finally conceded to Scott after a partial hand-count in the state --- where more than 8 million paper ballots were tallied (either correctly or incorrectly, who knows?) by computer scanners --- resulting in a 0.12 percent edge (10,033 votes) for the termed out Republican Governor in the U.S. Senate election. Similarly, Democrat Andrew Gillum officially conceded to Republican Ron DeSantis in the Governor's race, after final computer tallies showed him losing by just 0.41 percent

The losses for Dems in Florida come on the heels of Democrat Stacey Abrams' loss to Republican Sec. of State and master vote suppressor Brian Kemp in the Georgia Governor's race late on Friday. Broad criticism of Kemp's massive voter suppression over the past eight years continued over the weekend, in what is unlikely to ever be viewed as a legitimate election.

Meanwhile, a runoff in the Secretary of State election in Georgia is now scheduled for December 4th and, in Arizona, Democrat Katie Hobbs has been named as that state's next Secretary of State, after media had inaccurately called it for the Republican candidate on election night. The Sec. of State position in both GA and AZ will play a crucial role in those two key swing-states in advance of the 2020 Presidential election.

Also over the weekend, the last of the California U.S. House races was called, with first time candidate, Democrat Gil Cisneros, defeating Republican Young Kim to turn the last of Orange County's once-impenetrably Republican House seats "blue". Dems now control every U.S. House seat in what had long been a GOP bastion, flipping four of them in just one election. They also now control every statewide elected position and enjoy a super-majority in both houses of the state legislature, all without partisan gerrymandering in the state where an independent commission draws state and federal districts.

Dems now hold a remarkable 45 to 8 advantage in California's U.S. House delegation, and have picked up at least 37 seats nationwide in the midterms. Just four more races are undecided (in NY, UT and GA) as of airtime.

And, as discussed today, a Special Election for the U.S. Senate in Mississippi in coming up on November 27th, with Republican Sen. Cindy Hyde-Smith heavily favored in her contest against Democrat Mike Espy. However, Hyde-Smith has recently been caught on video-tape making several troubling "jokes" about public hangings and voter suppression --- in a state with a long and disturbing history of both.

Finally today, we open up the phone lines to listeners on all of the above and much more, as we discuss what Democrats did right and wrong in the 2018 midterms, and what they might be wise to focus on once they officially take control of the U.S. House majority in January...

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It was another very busy day on today's BradCast, as news breaks out of Georgia and California --- and seemingly everywhere else --- though we finally found at least a moment to take some stock of the midterm elections and what they portend, nearly two weeks after Election Day. [Audio link to show follows below.]

Before we get to elections and politics, however, there are horrifying new numbers today out of the ongoing, climate change-fueled wildfires in California. Officials now say that more 60 are known to have been killed, but on Thursday evening they also raised the number of those still unaccounted for amid the record Camp Fire in Northern California to a staggering and gut-wrenching 631. [Update: Just before posting this here, officials in Northern California increased the death toll, announcing 71 dead with more than an unfathomable 1,000 now said to be unaccounted for!]

Then, a Trump-appointed federal judge orders the White House to immediately restore press credentials to CNN White House Correspondent Jim Acosta.

Next, another midterm election victory is called by AP and others for Democrats in what had long been solidly Republican Orange County in California. Katie Porter, an unapologetically progressive Elizabeth Warren protégé, is now said to have defeated incumbent Republican Rep. Mimi Walters in the heart of what was once known as "Reagan Country", in the state's 45th Congressional district. Walters had easily won reelection by a huge 17% margin just two years ago, but now becomes the third of Orange County's four U.S. House members to see their seat flipped to a Democrat. The fourth seat, in CA's 39th Congressional district, is very likely to be called for Democrat Gil Cisneros over Young Kim any day now.

As of air time, Dems have reportedly picked up a net gain of 36 seats for their new House majority, though that number may still climb to 38 or even 39 seats as votes are tallied in the last of the undecided House races.

Meanwhile, in Florida today, statewide "hand counts" --- or what suffices for them in the Sunshine State --- continued on a ridiculously abbreviated schedule through Sunday in the state's U.S. Senate race between incumbent Democratic Sen. Bill Nelson and GOP Gov. Rick Scott, who is said to lead by 0.41%, or just over 12,000 votes out more than 8 million cast.

The partial "hand count" in the Senate race moves forward after full "machine recounts" in three of the state's largest and most Democratic-leaning counties were rejected by Scott's Sec. of State. In Palm Beach, the County's old computer scanners could not physically tally fast enough to meet the Thursday 3pm deadline at the end of just five days. In Hillsborough County, the second machine count differed from the original count by more than 800 ballots, so the first count will be used (whether it's right or wrong, nobody knows.) And in Broward County, state officials rejected their new count because it was uploaded to the Sec. of State's office two minutes after the 3pm deadline. Seriously.

As a source in Palm Beach told me earlier today about the impossible timelines instituted by state Republicans: "These deadlines they codified into law set up big counties to fail. How a county like ours (population 1.3 million) has the same deadline as a county like Liberty County (population 8400) is beyond me. Five days isn't enough, a week isn't enough, two weeks isn't enough. This is done by design. Why? The biggest counties are blue counties and they don't want those votes counted. It's not complicated."

And, in Georgia, Democratic gubernatorial candidate Stacey Abrams announced that her Republican opponent Brian Kemp would be the winner of their very close and contested election, thanks in no small part to the extraordinary voter suppression he has implemented over the past eight years during his tenure as Secretary of State.

"Let's be clear: This is not a speech of concession because concession means to acknowledge an action is right, true or proper," Abrams said in a speech to supporters, while denouncing Kemp's outrageous record as the state's chief election official. "As a woman of conscience and faith, I cannot concede that."

At the same time, she also announced she is forming a new organization --- Fair Fight Georgia --- that will sue Kemp and the state for "gross mismanagement" of the election as she declared "the law currently allows no further viable remedy" to overcome what many now see as a stolen election in the Peach State.

Finally, we're joined by the great HEATHER DIGBY PARTON of Salon and Hullabaloo, to try and help us make sense of these past two tumultuous weeks since the midterms. We discuss the Dems' extraordinary (and under-appreciated) "Blue Wave", how it has clearly served to throw Trump into a dark emotional spiral while exposing him yet again as a con-man, even to many of his supporters, and how some Democrats appear to be taking the rightwing Fox "News" bait in hoping to block Nancy Pelosi's likely return as House Speaker and leader of the Congressional Democratic caucus in January...

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On today's BradCast: Good news for Democrats out of Maine, a mixed bag (at best) out of the Florida "recounts", and more shameful news from Georgia's illegitimate Governor's race...

First up, a federal judge in Maine allowed computer vote counting to continue today under the state's new Ranked Choice Voting scheme, denying a Constitutional challenge, for now, by an incumbent Republican Congressman. With the computer tally allowed to move forward based on the RCV algorithm, two-term GOP Rep. Bruce Poliquin, who won the first tally (but without receiving a majority of first choice votes), is said to have been defeated by Democrat Jared Golden after the second choices of voters who had selected other candidates for the first choice were then added to the totals until one candidate, the Dem in this case, received a majority of votes.

If you're confused by that, it's just one reason why I've long been no fan of Ranked Choice Voting (sometimes called Instant Runoff Voting). Nonetheless, Golden's reported win results in a total pick-up, so far, of 35 U.S. House seats for Democrats, with several more undecided races pending that is likely to boost their "blue wave" to as many as 39 new seats in Congress.

A federal judge in Florida on Thursday observed that the state's elections have become a "laughingstock" which state officials "choose not to fix". He's right. In fact, the Republicans who have run the state for years now have chosen to make voting and counting ballots accurately --- and in a way that the public can know they've been counted accurately --- just about as difficult as humanly possible. U.S. District Court Judge Mark Walker issued an order today finding Florida's absentee ballot "signature matching" scheme to be unconstitutional. The order allows some 4,000 voters whose Vote-by-Mail or provisional ballots had been rejected due to certain signature issues a few more days to try and cure those problems in their counties by Saturday at 5pm.

Sen. Bill Nelson's campaign, however, in his razor-thin re-election contest with Gov. Rick Scott, had wanted those ballots added to the count sight unseen. (Scott is appealing the ruling nonetheless.) With the explosion of Vote-by-Mail across the country, signature matching problems are becoming a big concern, particularly with votes cast by younger voters who use computers and don't develop personal signatures and for older voters whose signatures have changed over time. Add to that the problem of the awful computer touchscreens used to record those signatures at DMVs and polling places.

In a separate case today also brought by Nelson's campaign, Judge Walker denied an extension for statewide "machine recounts" in the U.S. Senate and Governors races across the state, despite the absurdly short statutory deadline to complete them by today. That, even after Palm Beach County --- one of the state's largest Democratic strongholds --- explained that they were physically unable to complete their "recount" even for only the U.S. Senate race due to their aging and failing computer tabulators which overheated during the process and can only tally one race at a time.

Immediately following the end of the "machine recount," Scott's Secretary of State ordered what suffices for a "manual hand-count" in Florida to begin in the U.S. Senate race, where the margin remains less than 0.25% percent. That limited hand-count of ballots for which the computer scanners reported no vote in the U.S. Senate race must be completed by Sunday --- another arbitrarily short deadline that seems designed to stymie a real hand-count of votes.

The reported 0.41% margin of Republican Ron DeSantis over Democrat Andrew Gillum in FL's Governor's race remains too large to merit an automatic hand count. But, given the "systematic machine failure during the machine recount" in Palm Beach, Democrats filed a new lawsuit today seeking a full hand count of all votes cast in the County.

In Georgia, meanwhile, more counting of absentee and provisional ballots ordered by federal courts to be included in the tallies continued, as Republican Gubernatorial candidate and vote suppressor Brian Kemp called again for counting to end. He remains just 0.22% above the mark that would trigger a December runoff with Democratic nominee Stacey Abrams. Her campaign continues to decry Kemp's horrific administration of the election while Secretary of State, and many outside the state --- including Ohio's Democratic U.S. Sen. Sherrod Brown --- now see a Kemp victory, if it happens, as illegitimate. Brown went so far as to say: "If Stacey Abrams doesn’t win in Georgia, they stole it. I say that publicly, it’s clear."

The maddening story of 92-year old African-American voter Christine Jordan's fight to even cast a provisional ballot this year in Georgia (after voting in the same place for the last 50 years!), underscores that argument, as we discuss today.

Finally, Desi Doyen joins us for the latest Green News Report, with grim news on the rising death toll in California's record wildfires, some accountability for a top EPA official who was arrested today, and new Democrats in the U.S. House are already moving for bold action on climate change...

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On Tuesday, CNN, along with its Chief White House Correspondent, Jim Acosta, filed a federal complaint alleging President Donald J. Trump and high level White House personnel, including Press Secretary Sarah Huckabee Sanders and the U.S. Secret Service, violated their First Amendment free press rights to access White House press facilities.

They also allege the Trump administration violated their Fifth Amendment rights to due process when, without notice or a compelling reason for doing so, the White House rescinded Acosta's press credentials and seized his "hard pass" following a contentious November 7 Presidential press conference.

The complaint goes on to charge that the news organization's First Amendment rights were violated a second time on November 9, when Acosta traveled to France to cover the President's visit and to interview French President Emmanuel Macron during the centenary events commemorating the end of World War I. "The Secret Service refused to allow Acosta to attend an allegedly 'open' press event whose attendees included journalists from around the world," according to the CNN complaint. They did so even though "the French government issued credentials to Acosta." (Ironically, as they also note, Trump did not attend the event "due to inclement weather.")

Citing both facts and case law, the CNN complaint sets forth the argument that the President's actions against both Acosta and the news outlet amounted to an unlawful "attempt to censor the press and exclude reporters from the White House who challenge or dispute the President's point of view". However, that compelling argument, which is now supported by the White House Correspondents' Association, the ACLU and even by Fox "News", may not carry the day at the District Court level given that the case has been assigned to Judge Timothy J. Kelly, a Trump appointee...

The Trump dumpster fire continues at the White House today, with CNN filing a lawsuit to restore White House press credentials for White House correspondent Jim Acosta, fresh rumors of top Administration officials about to be axed, and a "stunning" public call from the First Lady to fire National Security Advisor John Bolton's top deputy. But it's still the ongoing dumpster fires in Georgia and Florida that we focus in on once again on today's BradCast, as Democrats and voting rights advocates fight to ensure all legitimately cast ballots are tallied and the results are accurately recorded and reported. [Audio link to full show is posted below.]

With the news out of Arizona late last night night that the U.S. Senate seat of retiring Republican Jeff Flake has most likely been won by Democrat Kyrsten Sinema over Republican Martha McSally, many have lauded the GOP Congresswoman's gracious concession video Monday night, even as Trump and the RNC were reportedly pressuring her to advance phony claims of fraud and miscounts in the race. To her credit, she did not take the bait. But that's likely only because she still hopes to be appointed by the Governor to the state's other U.S. Senate seat in the coming months.

Meanwhile, in Florida, an unprecedented three statewide "recounts" are now underway (as we discussed in detail on yesterday's BradCast), with Republicans holding diminishing leads in both the U.S. Senate and Governor's race. Those so-called "recounts" must be completed by Thursday November 15th. But, as our guest yesterday, Ion Sancho (who oversaw the state's 2000 Presidential "recount") explained, it will be physically impossible for paper ballot tabulation computers in Palm Beach County to finish the job before the state's absurdly short and largely arbitrary deadline this week.

Today, a state judge in Leon County, FL extended that deadline for Palm Beach --- one of the state's most populous and Democratic-leaning counties --- until November 20th. (Note: I incorrectly called it the most populous on today's show. I mispoke. It's the third most populous in the state.) Will similar court orders for other counties, such as Broward, be far behind? If not, the incomplete results tabulated by last Saturday, November 10th, just days after the Tuesday midterm elections, will be used in the final results, according to state law.

Will Republicans file a federal challenge to today's state court order? GOPers have been repeating their Florida 2000 playbook which successfully robbed voters of a legitimate count (and, likely, Democrats of a Presidential victory) that year. Republican Gov. Rick Scott and Donald Trump have been offering up evidence-free charges of "fraud" in the vote count and ginning up protests outside tabulation centers. So, a similar federal legal challenge may not be far behind if the numbers keep narrowing against Republican Gov. Rick Scott in his Senate race against incumbent Democratic Sen. Bill Nelson, and against Republican Rep. Ron DeSantis in his gubernatorial contest against Democratic Mayor Andrew Gillum.

At the same time, in Georgia, the federal courts continue to find in favor of voting rights advocates. On Monday night, a federal judge ordered the state to hold off on certification of election results and to review the voter registrations of those forced to vote by provisional ballot. The judge in the case brought by Common Cause Georgia said the state must create a website or telephone hotline for provisional voters to learn whether their votes had been counted or rejected --- with detailed reasons for the rejection and an opportunity to cure whatever is said to be have been the cause of it --- before Friday.

In a separate case today, brought by the Coalition for Good Governance and the National Lawyer's Committee for Civil Rights, a different federal judge granted an emergency ruling to stop the unlawful rejection of Vote-by-Mail absentee ballots in Gwinnett County, GA based only on missing information such as a voters birth date. The judge found the state's process to be in violation of the federal Civil Rights Act.

We're joined today by Common Cause GA Executive Director SARA HENDERSON to try and make sense of the continuing dumpster fires in the state set ablaze by Republican vote suppressor Brian Kemp who resigned his position as Secretary of State last week after declaring victory in his race for Governor against Democrat Stacey Abrams --- even as the fight continues to tally thousands of uncounted or rejected absentee and provisional ballots. Kemp is reportedly leading the race with 50.24% of the vote, less than one-quarter of one percent above the 50% mark that would trigger a December runoff between him and Abrams.

Henderson explains that, thanks to the disastrous way Kemp has run the election, as well as how the state's electoral system has been allowed to whither over the past several decades, it's virtually impossible to know how many uncounted or incorrectly tabulated ballots remain across the state. "This whole circus that we're witnessing is just a product of years and years of defunding elections," she tells me.

Finally, we're joined by Desi Doyen with our latest Green News Report on the horrific and record-breaking wildfires in California, and the latest federal court rejection of the controversial Keystone XL pipeline...

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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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On today's BradCast: Nobody said it was going to be easy. But the fight to vote in next Tuesday's crucial midterms continues, and beyond the House and Senate, there may be some very good news for Democrats in dozens of currently GOP-controlled states. [Audio link to show follows below.]

But first up: More trouble at the polls today reported out of Texas, where voter intimidation is said to be higher than seen in decades; In Georgia, where voters are still trying to overcome suppression in absentee Vote-by-Mail voting in DeKalb County (suburbs east of Atlanta) and with failing, unverifiable voting machines at all polling places across the state; And in Illinois, where voters are also reportedly encountering failures on DuPage County's similarly unverifiable touchscreen voting systems in the Chicago suburbs.

Meanwhile, there's been a fair amount of coverage of high profile gubernatorial races with Democratic takeover chances in Florida and Georgia (where Oprah is now lending a hand), and in a number of the similarly tight U.S. Senate races that will determine partisan control of the upper chamber in Congress for the next two years. But there has been far less national coverage of several other gubernatorial contests around the country where Democrats are also in very close "Toss Up" contests to take control of dozens of executive mansions.

These races are crucial not only between now and the next Presidential Election, but could well determine control of the U.S. House over the next decade. That's right. The way voters vote on Tuesday, November 6, 2018, may well help determine who is in charge of the U.S. House beginning in 2022, once redistricting takes place around the country following the 2020 Census --- and then for another ten years thereafter!

While Dems hope to win a majority in the House next week, control of Governorships by Democrats in a number of key swing states could help add anywhere from 15 to 30 more winnable seats in the U.S. House over the next decade, according to experts.

Political reporter DYLAN SCOTT of Vox.com joins us to detail which states will be most important to that decennial reapportionment and why state Governors are so crucial to the process.

"Republicans won a lot of governor seats in 2010," he explains. "That gave them a lot of control over redistricting in 2011. And even though in 2012, 2014 and 2016, the Democrats actually won more votes for their House candidates across the country, the maps were drawn as such that Republicans were still able to hold a majority for all of the last decade. I think the stakes should be pretty clear to people after what we've seen with GOP control across the country over the last ten years," Scott argues. But are they? We discuss.

Also, Scott breaks down what appears to be a host of very good opportunities for Democrats in more than a dozen states beyond Florida and Georgia, currently controlled by GOP Governors, including Michigan, Wisconsin, Ohio, Iowa, Kansas, New Mexico, Maine, Alaska and even South Dakota! We cover a lot of ground on this today --- along with the politics and polling involved --- and much of it should be very encouraging for Democrats.

Finally, Desi Doyen joins us for the latest Green News Report, with news on some potential accountability for Donald Trump's corrupt Interior Department Secretary Ryan Zinke, more disturbing indications that the effects of global warming will be much worse, much sooner than previously thought, and more related news underscoring why Tuesday's election is so crucial to the existential fight against man-made climate change...

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On today's BradCast: There is no small amount of irony in the fact that the first people of this country, Native Americans, are now being forced in North Dakota to go through extraordinary measures to prove their residency in order to vote in America in next Tuesday's crucial midterm elections. [Audio link is posted at bottom of article.]

But, first up today, a small measure of good news from a federal court in Georgia regarding Republican Sec. of State and gubernatorial candidate Brian Kemp's continuing legal battle to throw out Vote-by-Mail ballots based on dubious hand-writing analysis made by partisan election officials. Kemp insists he has the right to toss out ballots without offering Constitutional due process to voters and continues to appeal the U.S. District Court judge's ruling, meant to avoid the disproportionate rejection of votes cast by African-Americans in Kemp's deadlocked race against African-American Democrat Stacey Abrams.

But while that race, which could turn the state "blue", has received a good deal of attention this year, the "toss-up" gubernatorial contest between Oregon's Democratic incumbent Gov. Kate Brown and her GOP challenger, Knute Buehler, has received far less notice. Despite an expected increase in Democratic turnout this year, the progressive Brown is facing a surprisingly close re-election contest in what is otherwise considered to be a very "blue" state, as the GOP and its corporate supporters are pouring millions into the effort to defeat Brown.

Next, we head to North Dakota, where an astonishing effort by state Republicans to disenfranchise Native Americans was recently approved by the U.S. Supreme Court. The effort to prevent the state's tribal members from voting began almost immediately after Democratic Sen. Heidi Heitkamp's razor-thin election by fewer than 3,000 votes back in 2012. Now that she's running for re-election against Republican Kevin Cramer, state Republicans have changed the state's Voter ID law to require physical street addresses rather than the P.O. Box addresses used by many Native American voters living on reservations. In early October, SCOTUS allowed the new requirement to stand, even though the restriction was not in place during primaries last June, giving tribal members less than a month to figure out how to assign addresses to thousands of eligible voters and help prevent chaos and confusion.

Chaos has reportedly reigned, however, even as the state's tribes have been banding together to assign street addresses and create new tribal IDs as quickly as they can, vowing to create such IDs outside polling places even on Election Day on November 6th. On Tuesday, a new lawsuit [PDF] was filed charging that election officials have been rejecting addresses on absentee ballot requests, since newly assigned addresses do not exist in some state databases, and the state's Secretary of State refuses to say whether IDs with new street addresses assigned by Native American voting rights groups will be allowed for use on Election Day.

We're joined today by longtime Native American voting rights advocate OLIVER "OJ" SEMANS, a member of the Rosebud Sioux Tribe and co-founder of the non-partisan Four Directions, which focuses on Native American voter engagement and access. He explains his group's extraordinary (and expensive) efforts being taken to help organize against the suppression of ND's shameful new law, why he believes it was enacted, and whether he feels that indigenous Americans in the state will be able to overcome it.

"The rulings by the 8th Circuit and by the [U.S.] Supreme Court was basically severe spinal damage to the backbone of democracy," he tells me. "The backbone of democracy, which is voting, can only take so many kicks in the back like that before it's broken. Native Americans, who have basically enlisted in the United States services, percentage-wise, more than any other race, and have fought for freedoms for the country, have decided that we're going to fight for our own country for awhile and stop this madness."

Semans explains how claims of "voter fraud" used to justify these restrictions by the GOP, in a very Republican state, have no evidence to support them. "More than likely there is fraud --- but it's not by the Native American Indian," he says. "How can you have one party being re-elected, ten years, sixteen years, twenty years, over and over, without some type of fraud being committed. So, yeah, there's probably fraud, but it's not in Indian Country."

He also details how this new voting restriction would never have been allowed to stand at all, had not the U.S. Supreme Court, in 2013, gutted the landmark Voting Rights Act of 1965 which previously had protected tribal members and other racial minorities from this sort of disenfranchisement. Semans has testified several times in D.C. on behalf of the VRA, going back more than a decade now.

I hope you'll tune in for this, at times, heart-breaking conversation.

Finally today, some listener mail and a bit of a rant against a laughably misleading report on voting systems in St. Louis County, MO, where the most powerful radio station in the state, the 50,000 clear-channel watt blowtorch, KMOX NewsRadio 1120, has misinformed voters that the County's oft-failed and easily-hackable 100% unverifiable touchscreen voting machines and optical scanners are "tamper-proof" and never connected to the Internet. Both assertions --- made by election officials and their private vendor, ES&S, and passed on this week by KMOX (the station I group up listening to) and reporter Kevin Killeen --- are patently false and wildly misleading. As I mentioned on Twitter today, it's a terrible disservice to Show Me State voters that the once-great KMOX would credulously echo such long-ago debunked misinformation to their millions of listeners and readers. I discuss both that, and the woeful response I received from Killeen on Twitter today, to his irresponsible "reporting"...

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It's another very busy show on today's BradCast (for a change), exactly two weeks out from this year's crucial midterm elections. Among the stories covered [audio link to show is posted below]...

• After Trump describes the Saudi lies about their assassination of WaPo journalist Jamal Khashoggi as "the worst" coverup "in the history of coverups" (who would know coverups better?!), the Administration announces they will revoke visas for some of those involved. Good thing those guys only chopped up a journalist instead of showing up at our border to legally claim asylum or they'd have been thrown in jail without their children for months!;

• We finally found the "angry left wing mob"! Apparently one of them put a bomb in the mailbox of Democratic funder George Soros. That seems an odd thing for "the left" to do, doesn't it? (Happily, nobody has attempted to bomb either the Koch Brothers or the many other Republican funders like Sheldon Adelson who give far more money to GOPers than Soros has ever given to Dems.);

• Florida's Republican gubernatorial candidate Ron DeSantis really doesn't want to answer any actual questions. On Sunday, he dodged just about everything asked of him during his debate with Democratic candidate Andrew Gillum on CNN and on Monday he cancelled an hour-long interview with the Editorial Board of the USA TODAY NETWORK - Florida;

• Rolling Stone releases audio of Georgia's Republican Sec. of State and gubernatorial candidate Brian Kemp, from a private campaign fundraising event last Friday, in which Kemp, the state's chief election official, is heard lamenting that his Democratic opponent Stacey Abrams is spending millions on GOTV efforts which, he says, "continues to concern us, especially if everybody uses and exercises their right to vote."

  Little wonder Kemp has spent years trying to keep Georgians from voting, supports the state's easily-hacked, 100% unverifiable touchscreen voting systems, and is being sued by at least five different voting rights organizations for the myriad ways the state has been working hard to prevent voters --- particularly African-American ones, like Abrams --- from voting;

• In Texas (as in Georgia, Nevada, and elsewhere around the country), early voting turnout is breaking records over previous midterm elections and even nearing Presidential election numbers in some cases. But Democrats would be wise not to make too much of those numbers for a host of reasons that we discuss in detail today. Among them: evidence suggests GOP enthusiasm is up as well and lines shouldn't be as long as they are, with hours-long waits in some places, suggesting unprepared election officials and failing voting equipment which could make for a nightmarish Election Day;

• Finally, Desi Doyen joins us for the latest Green News Report, with more global warming-fueled hurricanes coming (including Hurricane Willa now crashing into Mexico and gunning for Texas and maybe later this week, the East Coast, as well as Typhoon Yutu barrelling towards the Marianas and Guam), more new global heat records, and some reasonably encouraging news about debates taking place around the country in advance of the November 6 midterms, where candidates are finally being asked by journalist moderators about their positions on climate change!...

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On today's BradCast: More chilling Khashoggi news, more maddening voter suppression, and the Republican deregulation of phone companies in Florida and at the FCC have deadly consequences in the Sunshine State. [Audio link to full show is at bottom of article.]

First up today, an update on the latest in the alleged Saudi murder of Washington Post journalist Jamal Khashoggi and the wildly unreported fact that he had "self-exiled" from Saudi Arabia after being banned by the Saudis from writing and appearing on television or at conferences back in December of 2016 --- for being critical of then President-elect Donald Trump! That point seems quite important, given the Trump Administration's continuing efforts to help cover up the assassination in coordination with the Saudis and their ruling Crown Prince Mohammed Bin Salman, after they repeatedly lied about the grisly killing of a journalist who had been mildly critical of Trump, as first reported in late 2016 and by the U.S. State Department in 2017.

Next, GOP voter suppression continues across many states in advance of the crucial November 6th midterms. Over the weekend on Twitter, President Trump lauded Georgia's Republican Gubernatorial candidate Brian Kemp, who as Secretary of State, has been working for years to suppress tens and even hundreds of thousands of disproportionately African-American voters in the Peach State. Kemp, as the state's chief election official, is overseeing his own election in a reportedly tight race for Governor against African-American Democratic candidate Stacey Abrams.

Trump also took the opportunity on Twitter over the weekend to falsely fan the flames of the GOP's phony claims of "VOTER FRAUD" in hopes, according to the Lawyer's Committee for Civil Rights Under the Law, of inciting government officials and law enforcement to intimidate minority voters before the crucial November 6 election. The Lawyer's Committee heads up the 866-OUR-VOTE hotline to answer question and help trouble-shoot voting problems, such as recent reports that early voters are being either turned away or forced to vote by provisional ballot --- rather than normal ones --- if the address on their ID does not match the one under which they are registered. Georgia's Photo ID voting restriction does not require registration addressees to match those on IDs (e.g. student voters who may not have in-state driver licenses or those who recently moved but have not yet updated their license.) Please contact the 866-OUR-VOTE hotline with questions about local voting laws or any problems at the polls --- and share that number far and wide over the next two weeks!

Finally, despite national media now focusing elsewhere, the devastation in Florida's Panhandle following the Category 4 Hurricane Michael two weeks ago continues and the official death toll is still rising. At the same time, power and phone service is still out in a number of rural areas, thanks in no small part to the deregulation of telecommunications company rules by Florida's Republican Gov. Rick Scott shortly after taking office in 2011, and by Donald Trump's FCC Chairman Ajit Pai.

We're joined today by Public Knowledge's Senior Vice President HAROLD FELD, who has been warning for years about exactly such a situation. Feld explains how Scott gutted almost all of Florida's telecom company rules when he signed the "Regulatory Reform Act of 2011" and how Pai went still further when he gutted Obama-era phone company regulations in November of 2017.

Scott's 2011 measure "was a complete deregulation of the telephone industry in Florida. It removed the state Public Service Commission from any sort of jurisdiction over residential telephone service. It removed something called 'Carrier of Last Resort,' which means there always has to be a telephone provider in the area. It even removed the ability of the Public Service Commission to take complaints from consumers," Feld tells me. He describes it as "one of the most radical deregulations in the country."

As to the federal regulations scrapped by Trump's FCC, that was in response to federal regulations enacted in the wake of the disastrous performance by Verizon following SuperStorm Sandy in 2012, when copper lines were swept away, and phone companies failed to restore them, claiming that the use of cell phones meant they were no longer necessary. Obama's FCC insisted that "no repairing was not an option," says Feld. But Pai "insisted that there was no reason for any of these regulations [and] that companies have private incentive to deploy these networks, despite everything that actually happened," particularly in rural areas, following Sandy.

The Government, he notes, largely for decades has recognized "that it's always going to be profitable [to ensure service] in the cities, [but] it's not going to be profitable once you get out into the rural areas." So, it's been a value and tradition "through each upgrade of our communication network --- when we went from letters to the telegraph, from the telegraph to the telephone" to ensure service to all. But that's no longer the case.

Like Gov. Scott's Florida, Feld describes, some 37 states have lifted similar decades-old telecommunications requirements, thanks to legislation encouraged by the American Legislative Exchange Council (ALEC), a privately-funded partnership between major corporations and (mostly) Republican state lawmakers.

The Republicans' deregulate-at-all-costs efforts to gut regulations --- regulations that Pai scoffed at before he became Trump's FCC Chairman --- may now be costing lives in Florida, as many in rural areas, as of late last week, remained unaccounted for, weeks after the storm. The non-partisan Public Knowledge group is suing for a reversal of those deregulations, and Florida's own Chief Financial Officer and State Fire Marshal, a longtime resident of the Panhandle himself, is now also begging Pai to consider a reversal...

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Borrowing from President Donald Trump's self-description as the "King of Debt", Forbe's Derek Newton, over the summer, dubbed U.S. Secretary of Education Betsy DeVos as the "Queen of Debt".

DeVos is the billionaire sister of Erik Prince, founder of the murderous private mercenary firm, Blackwater, Inc. Like the President, whose foreign policy decisions are compromised by his conflicting foreign financial interests, DeVos has significant financial interests that conflict with her obligation to serve the public interest as the nation's top education official.

Citing paperwork released by the U.S. Office of Government Ethics (OGE), the Center for American Progress notes DeVos "has [substantial] investments in companies that hound students to pay their federal loan debts." Unfortunately, DeVos was not confronted with that blatant conflict-of-interest during her Senate confirmation hearings because, according to the Center, Senators were not given access to the OGE records until after her confirmation process was completed.

In his August 2018 article in Forbes, Newton bestowed the "Queen of Debt" title after the Secretary of Education pursued policies that facilitated a rise in the level of U.S. student debt to an alarming $1.5 trillion.

One of the principle means utilized by the conflicted DeVos to inflate her own wealth, while burying an entire generation of defrauded students in insurmountable debt, was to indefinitely postpone the "Borrower Defense Regulations" that had been adopted in 2016 by the Department of Education under President Obama. Those regulations were supposed to have gone into effect in July 2017.

The "Borrower Defense Regulations" were enacted in the wake of the collapse of privately-held, for-profit colleges and universities --- worthless diploma mills, like the now defunct Corinthian Colleges and the infamously fraudulent Trump University. The scam artists of those private, ostensibly "educational" institutions rake-in exorbitant tuitions paid via direct loans their students are encouraged to obtain from the federal government. Unable to secure employment after graduating with their worthless diplomas from the disreputable private institutions, the students are left facing insurmountable debt, as taxpayers pick up the tab to cover the loans those former students are unable to pay back.

According to an October 28, 2016 Department of Education formal announcement, the Obama-era regulations were expressly designed to protect students and taxpayers from predatory institutions. The 2016 regulations included provisions for debt relief for victimized students and the elimination of contractual provisions by which predatory private schools compel students to waive their right to class action lawsuits and which force students to submit to private arbitration.

In successive rulings, U.S. District Court Judge Randolph Moss has now sided with defrauded student borrowers and against DeVos and the predatory "educational" institutions she invested in prior to becoming the U.S. Education Secretary --- a position that placed her in charge of overseeing regulations meant to clean up this fraudulent mess...

On today's BradCast: It's no longer only political pundits and activists calling for Democrats to pack the U.S. Supreme Court by adding several seats as soon as possible, in the wake of the Republican Party's blatant theft of the high court majority. Esteemed law professors are now joining that call. [Audio link to show follows below.]

But, first up today, a word or two on the President of the United States' appalling celebration of violence against journalists at a political rally in Montana on Thursday night. To the cheers of his supporters, Donald Trump praised the criminal assault on Guardian journalist Ben Jacobs by Republican U.S. House member Greg Gianforte. The attack last year was carried out by Gianforte, and caught on tape, on the eve of his special election to the state's only U.S. House seat.

"Any guy that can do a body slam --- he's my kind of guy," Trump declared to laughter and wild applause from supporters at the campaign rally for Gianforte in Missoula on Thursday, lauding him as "one tough cookie." The Congressman initially lied to police after the assault, claiming that he was attacked by Jacobs. Later, after he won the election, and after a Fox News crew who witnessed the attack detailed what actually happened, Gianforte pleaded guilty to misdemeanor assault, apologized to Jacobs and paid a small fine in addition to performing 40 hours of community service and receiving 20 hours of anger management counseling.

Trump's disgusting --- and chilling --- praise for the violent attack against a reporter doing his job, comes amidst Trump's seeming support for Saudi Arabia following their reported assassination and dismemberment of Washington Post columnist and Virginia resident Jamal Khashoggi at the Saudi consulate in Istanbul two weeks ago. Journalists today --- including the Guardian's Editor and the head of the White House Correspondents Association --- are decrying Trump's support for violence against reporters, despite his sworn oath to protect and defend the Constitution's First Amendment. We decry it --- and the dark path where it's leading --- on today's show as well.

Next, we're joined by MICHAEL KLARMAN, the Kirkland & Ellis Professor at Harvard Law School to discuss his recent essay at the Take Care Blog, detailing "Why Democrats Should Pack the Supreme Court" if they are ever able to regain control of the White House and both chambers of Congress. The public conversation in support of expanding the number of seats on the high court --- which can be done statutorily, without a Constitutional Amendment --- has been intensifying in recent weeks. What had begun as a call from activists to restore a Democratic majority, stolen from them by Republicans in 2016, has quickly spread to academic and legal circles.

Klarman, the author of many books on American law and history and a former clerk to Ruth Bader Ginsberg, argues that, in addition to the GOP's historically unprecedented theft of the high court and his belief that Trump was likely elected only due to unlawful foreign interference, a host of radical actions by Republicans in recent years at both the state and federal level, leaves Democrats with only the choice to respond in kind. If not, he argues, it will be nothing less than "unilateral disarmament" and an act of "political suicide" for the party.

"It's not radical. It's responding to an extraordinary rightward shift in the Republican Party that is tearing apart the rules of democracy," he argues. "The Republicans have already packed the Court," so "unpacking" it, he says, would be warranted.

"There's a kind of sickness that's been spreading in the Republican Party for the last decade or two. It's certainly not true of all Republican voters, many of whom I think would be unaware of these things, and would have a problem with them if they knew about it," he tells me. "But the Democratic Party can't go on playing by the established norms and traditions of democracy when the Republican Party is willing to do anything to win. That's unilateral disarmament. It usually doesn't work out well for the party that disarms. So this is a fairly mild way to fight back."

"My argument is not that Democrats should control the Supreme Court at any cost --- I think that's the Republicans' position, [that] 'we get to control the Supreme Court even if it means stealing an appointment.' My position is their theft has to be offset, and put us back in the position that we ought to have been at if the seat hadn't been stolen."

He leaves the case of whether Dems should run on a promise to expand the Court, or wait until they gain back control before announcing such a plan, to political scientists, but he notes: "We're going to have to think creatively in order to rescue democracy. And that may mean occasionally fighting back in ways that Democrats don't gravitate toward naturally, and that they would prefer not to have to use at all in a normal political environment. But you can't just respond by disarming in the face of this incredible threat that the Republican Party is posing to the basic norms and institutions of democracy."

Finally today, more news on the ongoing allegations of attempted voter suppression, particularly in southern states once covered by the Voting Rights Act until the central part of the Act was gutted by SCOTUS Republicans in 2013. That, on the same day that Trump's former longtime lawyer and business partner Michael Cohen broke his media silence to plead with the American public to vote this November or face "another two or another six years of this craziness." And then we enjoy another musical close to today's show, this time from actress Jenifer Lewis, of ABC's Blackish, who explains, in song, why it's time to "Get your ass out and vote!"...

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