On today's BradCast, the consequences of elections, from D.C. on immigration, to VA and NJ on gun safety legislation, and across both D.C. and dozens of states when it comes to marijuana policy under Trump's Attorney General. [Audio link to show is posted below.]

The White House, lawmakers and corporate media continue to squabble today over Donald Trump's racist and reportedly vulgar slur of black majority nations as either "shitholes" or "shithouses" during a bipartisan meeting on immigration last week, even as his Departments of Justice and Homeland Security issued a new and misleading report on terrorism that downplays the far greater threat of domestic attacks by homegrown white Americans, in favor of a focus on foreign-born terrorists.

In the meantime, as the White House and Congress attempt to strike a government spending deal that includes protections for DACA recipients in time to avoid a government shutdown at the end of this week, a changing of the guards in both New Jersey and Virginia following last November's elections is taking place and already reshuffling public policy.

NJ's wildly unpopular Republican Gov. Chris Christie was finally replaced on Tuesday by the new Democratic Governor Phil Murphy, one day after Christie finally signed a law that will ban deadly bumpstock devices, like those used to kill 58 people and wound hundreds of others in minutes in Las Vegas last year, in the Garden State. (To his discredit, he had little choice, as the legislation passed both state chambers with zero votes opposing it.)

At the same time, in VA, where Republicans managed to barely hang on to majorities in the state legislature, thanks to some gaming of several House races and of legislative district maps across the state (allowing them to retain control despite losing statewide by a 55% to 45% margin), the GOP's majority control in the state Senate resulted in the gutting of most of the gun safety agenda on which that state's new Democratic Governor Ralph Northam ran and won by a landslide.

Then, we head back to D.C., where Attorney General Jeff Sessions announced after the turn of the new year that the DoJ was reversing Obama-era enforcement guidance on federal law, in order to crack down on states where marijuana has been made legal for medicinal and/or recreational use after decades of prohibition.

As Drug Policy Alliance advisor and marijuana legislation lobbyist MIKE LISZEWSKI joins us to explain, the new DoJ guidance, rolling back the so-called "Cole Memo" from the Obama years, has not gone over well, even with a number of Republican lawmakers, particularly those from cannabis-friendly states where they have seen a dramatic rise in tax revenue thanks to new policies adopted by voters and state lawmakers.

"The Cole Memo was just guidance, it was never binding. But by removing it, Sessions has really given the green light to US Attorneys throughout the country to say, if you want to prosecute against state marijuana conduct you have our backing," Liszewski tells me, before arguing that there is no need for such policy, given that state laws, where pot has been legalized, are already very tough. "If someone was using a state marijuana law to shield some sort of bad activity, they're clearly in violation of state law. There's so much oversight, you're likely going to get caught rather quickly. So there's really no need for additional federal prosecution. It's really addressing a concern that doesn't actually exist --- unless you have some hysterical views about marijuana."

Sessions, of course, famously has views. Last year, for example, he famously stated that marijuana was "only slightly less awful" than heroin. Liszewski breaks down the DoJ's announced change in prosecutorial guidance and the effect it is likely to have (if any) in pro-cannabis states where, he says, it has "turned out to be wonderful for generating state tax revenue...in terms of the money it's pulling in, but also the law enforcement resources, the jail resources, the court resources, that don't have to go into prosecuting low-level marijuana cases."

We also discuss how Congress may still be able to move forward on drug policy under an Attorney General who is an avowed enemy of pot users and a President who claims to favor states' rights on the matter. Congress, Liszewski argues, is close to having the votes to end prohibition at the federal level all together, if it doesn't have those votes already. But, he says, thanks to a few "old guard" Committee Chairs in Congress, it may take a full reshuffling of the deck in the 2018 mid-term elections to see it actually happen.

"The 2018 elections are going to be so crucial to the future of marijuana reform," he says. "Because whether it's a shift in which party controls each chamber, or if it's just voting out the old guard and getting some new Republicans in, either way would be helpful towards ending federal marijuana prohibition."

"It would be very, very difficult to get the genie back in the bottle at this point," Liszewski adds, "especially seeing a good number of Republicans as well as states continuing to move forward right after the Sessions announcement. It really shows that Sessions is alone on an island with this and has very few supporters. I think the writing is on the wall."

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On today's BradCast: Who's actually running this disastrous Administration? And why don't they give a damn about terrorism when it's at the hands of white, domestic, neo-Nazis? That question may answer itself. But what's the excuse for Congress and media? [Audio link to full show at end of article.]

First up, today in the U.S. House, Republicans, with the help of a number of Democrats, voted to approve the re-authorization of a sweeping surveillance law --- Section 702 of the FISA Amendments Act --- that results in the phone calls and emails of millions of Americans being scooped up for review without cause or court warrant. Civil libertarians on both the Right and Left have been hoping, for years, to end or radically limit the dragnet measure which they say violates Constitutional rights to privacy and against unwarranted search and seizure.

Though the White House has been lobbying for this re-authorization, which must still be approved in the U.S. Senate, a tweet this morning by Donald Trump, while watching Fox "News", harshly criticized the measure. Following that tweet, two hours later, after a call from House Speaker Paul Ryan (R-WI) and chaos in the House GOP caucus in response to the tweet, the President took to Twitter again, this time in support of the measure, which he clearly knows nothing about.

Only his later description of Haiti and African nations as "shithole countries", as reportedly uttered during bi-partisan immigration negotiations today with lawmakers, moved the nation's media on to the next Trump embarrassment of the day.

In the meantime, as Trump and Congressional Republicans pretend to be concerned about terrorism and putting "America first", a major terrorism case brought by the Dept. of Justice just before Christmas has gone almost entirely unnoticed by the media, after the DoJ itself failed to even issue a statement on the recent arrest. Why? The obvious reason is that it involves a white supremacist neo-Nazi from Missouri (as opposed to someone with a middle-eastern sounding name) who had amassed an arsenal of deadly weapons in hopes of allegedly "killing black people". But there are several other reasons why the case has largely failed to become much more than a blip on the corporate media and cable news radar, much less be mentioned by either the DoJ or tweeted about by Donald Trump.

We're joined by HuffPost's senior justice reporter RYAN REILLY to discuss the matter today. Reilly has been investigating the disturbing lack of coverage of a case which includes an Amtrak train stopped by the accused 26-year old right-winger, Taylor Michael Wilson, in the dead of night in the middle of rural Nebraska several months ago, before he was arrested, then released on bail for several weeks, before finally being charged on a number of federal terrorism counts before Christmas.

"When I didn't see the story pop up until Friday, I was like wait, how did I miss this? What's going on? Federal prosecutors are charging a white supremacist with terrorism?," Reilly says, explaining why the case in which Wilson was originally charged with "criminal mischief" went unnoticed by media and unreported by law enforcement officials, who are usually eager to get publicity for terrorism cases.

"The broader issue is that it's a demonstration, an illustration of exactly how differently the Justice Department apparatus, and the national security apparatus of the US Government, treats domestic terrorism in comparison to anything that remotely has a sniff of anything related to Islamic terrorism," Reilly tells me. The reasons, for that, above and beyond strictly racism (which is certainly a large part of this), may be more complicated than you think, both statutorily and Constitutionally. None of those reasons, as we also discuss, necessarily excuse the media's apparent lack of interest in such cases, despite the fact that domestic terror remains a far greater threat to Americans than the threat posed by those claiming an association with international terror groups.

Finally today, Desi Doyen joins us for the latest Green News Report on the tragic climate disaster unfolding in Southern California which has, so far, taken 17 lives in the past several days; the Trump Administration's about-face on its recently announced expansion of off-shore drilling (but only for one politically important state); and an important lawsuit filed this week by New York City, along with the promise of divestiture, against major oil companies. The suit could prove to be a serious blow against the fossil fuel industry, and is said to have been filed in response to billions of dollars in climate change-related damages after years of those companies hiding their own scientific knowledge of climate change from the public...

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On today's BradCast, we do our best to try and make some sense of the utter chaos, havoc and non-stop breaking news plaguing the nation over the past 24 hours. Wish us luck! [Audio link to show follows below.]

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

• Late updates on the devastating mud-flows that have, so far, resulted in the deaths of 17 in Southern California's Santa Barbara County, just north of Los Angeles, following a massive rainfall this week in the area just burned by the largest fire in state history;
• A federal judge has temporarily blocked Donald Trump's attempt to lift the DACA program, which has protected some 800,000 children of immigrants who came here with their parents through no fault of their own;
• Just days after announcing their intention to open 90% of U.S. coastline to off-shore drilling, Trump's Dept. of Interior chief Ryan Zinke reverses course, but only for the state of Florida, in what appears to be a political (and unlawful) favor to Florida's Governor Rick Scott, who Trump is supporting in a run for the U.S. Senate;

In election and voting news today...

• Just minutes before Virginia's House of Delegates convened its new legislative session today, Democrat Shelly Simonds conceded her 94th District race against Republican David Yancey without seeking the second "recount" she is entitled to by state law. The first "recount" resulted in a declared "tie" vote and a random drawing, following a very questionable ballot [JPG] counted for the Republican after the initial "recount" had handed the victory to Simonds by a single vote. (She could still ask for a recount as late as the 17th, if she and the Democratic Party wise up and changes their minds. Republicans absolutely would have demanded such a count had the random drawing gone the other way. They would also have prevented her from being seated until that count was completed. Moreover, I share some disturbing comments from a conversation about all of this with the Voter Registrar who oversaw the election in Newport News, VA.)
• In the 28th District race for Virginia's House, an appeals court denied the Democrats emergency motion for a new election today, after the Republican was declared the winner by 73 votes even though 147 voters were given the wrong ballot on Election Day last November. (With both of those Dems out, the GOP majority in the VA House has shrunk from 66-34 last session, to just 51-49 as of today, despite Democrats winning 55% of the vote statewide in the Republican gerrymandered state);
• In North Carolina, a federal court panel issued a landmark and blistering ruling on Tuesday night, finding state Republicans had blatantly gerrymandered the swing-state's U.S. House Districts on a partisan bases to ensure a 10 to 3 majority for themselves, in what the panel found to be a violation of the Constitution's Equal Protection Clause. The court ordered new Congressional maps to be drawn up immediately, in the next two weeks, in time for the 2018 primaries. But Republicans vow to appeal the ruling to the U.S. Supreme Court, which is currently deciding a separate but very similar case on partisan gerrymandering of state legislative districts by Wisconsin Republicans.
• And today, a divided (and stolen by the GOP) U.S. Supreme Court heard oral argument in a case challenging Ohio Secretary of State John Husted's scheme to purge voter rolls after voters have gone just two years without voting in a federal election, in what Democrats and voting rights advocates argue is a violation of the National Voter Registration Act (NVRA).

Finally today...

• Trump's Energy Secretary and former Texas Governor Rick Perry sees his scheme to extend the life of coal and nuclear plants under the false guise of "grid resiliency" go up in smoke after all of the appointees on the Federal Energy Regulatory Commission (FERC), most of whom were appointed by Trump, unanimously reject the plan, which was seen as a payoff to a coal baron benefactor of both Perry and Trump. A former Trump Campaign official, however, sees a far more insidious (and laughable) conspiracy.

What. A. Mess. Enjoy!...

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On today's BradCast, more news you need to know about in 2018, while cable news hypnotizes you with everything else. [Audio link to show follows below.]

Today, the U.S. National Oceanic and Atmospheric Administration (NOAA) released a new report tallying up the extraordinary costs of weather and climate disasters in the United States during 2017. All told, the damage adds up to a record-shattering $306 billion from devastating hurricanes, droughts, fires, floods, freezes and more last year, as our climate crisis continues to worsen, just as scientists have long warned.

But the corporate media, particularly cable news channels, instead of covering stories you need to know, continue their 24/7 speculation about what Special Counsel Robert Mueller may or may not be up to, the salacious fall-out from Michael Wolff's Fire and Fury book, and now whether Oprah Winfrey will run for President in 2020 following her barn-burner speech at the Golden Globes last night. (Full transcript/video)

Instead, we continue our efforts to focus on stuff that matters to voters in 2018, which they are far less likely to have heard about on those same cable channels. Among those other stories covered today, in addition to our climate-related nightmares: At year's end, the Trump Administration gutted more regulations intended to protect the elderly in nursing homes(!), and continues to cut from the federal work force those who help protect American workers from injury and death on the job at construction sites and manufacturing plants, and anyone who lives near sites containing dangerous chemicals.

Then we open up the phone lines to listeners with other under-covered news and get a bunch of interesting calls, including one from a pharmacist reporting a dangerous saline and antibiotics shortage due to the ongoing disaster in Puerto Rico, where many of the manufacturers were once located and where power is still out for more than a million U.S. citizens following Hurricanes Irma and Maria more than 100 days ago.

But our favorite callers, as usual, are the rightwingers and conspiracy theorists and we get some humdingers today. Don't miss the call from a VERY angry woman by the name of Shannon! She straightens us all out with the truth about "fake news" and "illegal aliens".

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

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

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

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

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

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

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

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

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On today's BradCast, guest hosted by my own self, Angie Coiro, we have a whole passel of topics to cover.

First up, we deal as quickly as possible with the latest eye-rolling idiocy from Trump. Then - what a contrast! - the amazing, multi-faceted GEORGE LAKEY – long-time activist and educator who’s been arrested for righteous causes more times than he can remember. His latest book Viking Economics explores four Scandinavian countries, and how their democratic socialist economic models can transfer to the US. Maybe we should at least look at countries that have eliminated poverty – yes, he says: eliminated poverty.

There’s a lot that’s heartbreaking about Erica Garner suffering a heart attack reportedly brought on by asthma. Turns out there’s a racial component to that, with African American children twice as likely to suffer from asthma. Following that – a conversation with JAMES FORMAN, JR. He puts the ongoing battle for equal rights and respect in the context of drug laws passed and enforced by well-meaning minorities. Those very groups have suffered the most from those laws.

Finally – who got those holiday gifts out of those big-box warehouses so they could sparkle under your tree? With Amazon and other retailers reporting record sales, JESSICA BRUDER introduces a hidden subculture: white, formerly middle class Americans living on the roads, moving from job to job with the seasons. It’s a strange, symbiotic relationship between these mobile citizens and the companies that hire them: Amazon, Walmart, state and federal park concessionaires, food giants. The companies provide living accommodations but barely-living wages; some nomads work 24 hours a day while getting paid for eight. Jessica’s book Nomadland was selected by the New York Times as one of the 100 notable books of 2017.

Download MP3 or listen online below...

On today's BradCast: He's a mean one. But you already knew that. So, we'll try not to let him ruin Christmas, at least if we can help it. [Audio link to today's show follows below.]

As Christmas nears, why not become even more of a pariah to the rest of the world by literally threatening friends and foes alike at the United Nations over Trump's unpopular plan to move the U.S. Embassy in Israel from Tel Aviv to the divided city of Jerusalem? That's what UN Ambassador Nikki Haley did on Thursday, and it wasn't taken kindly --- by friend or foe. She also repeatedly lied about support from Americans for the dangerous scheme. (They're strongly against it, including a plurality of American Jews, though Trump and the GOP's big donors are in favor of it.) The move is just the latest by this Administration to cause U.S. standing in the world to plummet even further since taking office. So much for making American "great again".

But, there is some good news today for Americans who favor health care, as the Administration is forced to admit that sign-ups for the Affordable Care Act ("Obamacare") this year were nearly as high as they were under President Obama last year, despite the Trump Administration defunding advertisement and assistance for the Open Enrollment period, cutting its length in half, and Trump's repeated lies that is Obamacare is "dead", "gone", "imploding", etc. In the bargain, as many Americans now favor government-run healthcare as those who prefer a private healthcare system. That, after Americans had previously preferred a private insurance system by nearly 30 points in the same poll back in 2010, before Obamacare was initially enacted.

And more good news before the holidays: another completely unqualified nominee for a lifetime appointment to the federal bench has withdrawn, though the GOP is still jamming similarly unqualified nominees through the Senate confirmation process at a record pace.

Next, Desi Doyen joins us for another busy Green News Report with some discouraging news, with the passage of the GOP tax bill, for the pristine Alaska National Wildlife Refuge (ANWR) and for victims of our quickly increasing climate-fueled natural disasters, but also some encouraging news elsewhere in the world.

And, finally, since it's Desi and my last show before Christmas --- (Though not the last BradCast before Christmas! Angie Coiro sits in for tomorrow's show with her exclusive interview with AL GORE!) --- it seems only fitting today to end today with a dramatic holiday reading of How the Trump Stole America.

Merry Christmas, Bedford Falls!...

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(h/t Mark Fiore for today's logo graphic!)

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On today's BradCast: An all too remarkable reminder that every vote --- every single vote --- matters. Or should, with control of the Virginia's House of Delegates and, potentially, healthcare for hundreds of thousands now at stake amid a remarkable "recount" in the state. Also, now that the massive GOP tax bill has been passed, are Democrats still relying too much on potential findings of the Special Counsel and the possibility of impeachment in 2018? [Audio link to today's show follows below.]

Just after our show yesterday, the Commonwealth of Virginia completed a partial-machine, partial-hand "recount" of one of last month's House of Delegates races that, by one single vote, appeared last night to hand the victory to the Democratic candidate Shelly Simonds. One single vote. If Democrats pick up that seat, it would, in turn, end decades of Republican-majority control of the House, with a 50/50 seat split among Ds and Rs. Before the November 7 election, Republicans held a 66-34 seat advantage.

It appeared, as of last night, to be a done deal, with the Dem having been declared the winner after the "recount" by one vote on the state's hand-marked paper ballots and the Republicans having conceded the race. (Virginia finally got rid of all of its 100% unverifiable touch-screen systems this after.) The bi-partisan election official judges signed off on Tuesday's new tally, handing the victory to Simonds over Republican David Yancey who had led by just 10 votes prior to the "recount".

But on Wednesday morning, a GOP election official judge had second thoughts about one ballot which, previously, the judges had unanimously determined to be an overvote --- with a selection in the bubbles for both the Democrat Simonds and for the incumbent Republican Yancey. The Simonds bubble, however, appears to have a slash through it. The rest of the selections on the ballot were for Republicans, though the choice for the Republican candidate for Governor also appears to have a cross through it, with no other candidate selected by the voter in that race. (The full ballot in question can be viewed here [JPG].)

So, after a two hour court hearing on Wednesday, it was decided by a three-judge panel that the race was/is a tie instead, with 11,608 votes for each candidate. That means control of the VA House --- and the increased possibility of health care coverage via Medicaid expansion for nearly half a million Virginians --- will be left up to a random draw to see who wins the seat.

There are, of course, still many questions about this story, which was still breaking as we went to air today. The "losing" candidate after the random draw will also be able to ask for a second "recount". We discuss all of those questions, the ballot, the "recount" methods used in the state, the state's published guidelines [PDF] for counting various types of questionably hand-marked paper ballots in VA, and much more related to this remarkable episode, including whether digitally scanned "Ballot Images" from Election Night may exist to determine whether the cross-out on the ballot in question was there originally or added somehow during the post-Election Night chain of custody. (The city of Newport News, where this election in the 94th District was held, does appear to have the type of computer-scanners that create digital ballot images, though I've yet to hear back from the Registrar if those systems were set to retain the images after scanning them.)

It should also be noted here that Democrats received some 53% of the vote, compared to just 43% for Republicans across the state when the entire House was up for grabs in November. Nonetheless, as things currently stand, Democrats may only achieve a 50/50 split in the House. That should offer an idea of how badly the Republicans have gerrymandered the state.

Also, a separate recount for a separate very close VA House of Delegates race is still pending, though Democrats there are suing for a completely new election, since at least 100 voters were given the wrong ballot in a race currently decided for the Republican incumbent --- before the "recount" --- by just 82 votes.

Then, we're joined today by JEET HEER, Senior Editor at New Republic to discuss the final passage of the GOP's massive tax cuts, largely for the wealthy, how Democrats are responding to them, and whether or not they are over-relying on the possibility of impeachment to take down President Trump as they head into the 2018 mid-term election year. Heer argued as much in a recent article discussing "the Democrats' dangerous obsession with impeachment". It's a highly debatable subject, about which I am of at least two minds, as discussed in detail with Heer on today's show.

Finally, we close with Bernie Sanders' late-night response to the passage of the $1.5 trillion tax bill in the middle of the night on Tuesday night/Wednesday morning in the U.S. Senate, and how the GOP is now planning to come for Medicare, Medicaid and Social Security in order to pay for it...

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On today's BradCast: Is it time for Dems to run on soaking the rich? If the GOP's tax legislation doesn't reveal Republicans' own continuing class warfare against the poor and middle-class, nothing will. But will Democrats be smart enough to take advantage of it? [Audio link to show follows below.]

On Tuesday, House Republicans passed what they thought would be the final version of their massive tax legislation to transfer hundreds of billions, if not trillions of dollars from the poor and middle class to the wealthy and corporations already raking in record profits. A parliamentary issue in the Senate, however, may require the House to vote on the measure once again on Wednesday. But, either way, the bill now looks as if the temporary tax cuts for individuals and massive permanent cuts for corporations will clear both chambers and head to Donald Trump's desk for signing before Christmas.

So, what happened to all of those Tea Party folks who, back in 2010, under a Democratic President, pretended to be demanding fiscal discipline and an end to deficit spending in Congress? All of those dupes, patsies, chumps and suckers --- not to mention the GOPers who scammed them about it all in the first place --- now seem to be cool with adding $1.5 trillion to the national debt via the GOP tax bill. In Congress, Republicans are now giddy about their hopes of dealing with that debt by cutting social programs, like health care to people who need it, including Medicare, Medicaid and Social Security, to help pay for their massive tax cuts to the wealthy and for huge increases in spending for the U.S. war-making machine.

At the same time, Democrats ought to be eying the fact that the vast majority of voters --- including huge majorities of Trump supporters --- would prefer to see taxes raised, not lowered, on the rich. Political scientist and researcher SPENCER PISTON of Boston University, author of the upcoming book Class Attitudes in America: Sympathy for the Poor, Resentment of the Rich, and Political Implications joins us today to discuss his recent article at The Nation with Sean McElwee, on how Republican politicians continue to get away with cutting taxes for the wealthy, despite overwhelming popular opposition to it.

Piston explains how tactics are used by the GOP to confuse the public (which are then echoed by the media) and, when all else fails and such measures are still wildly unpopular --- as with the current GOP tax cuts --- they go ahead and vote for it anyway. It's time, he argues, for Democrats to stop shying away from leveraging resentment of the rich in their politics. And he has the data to prove it.

"There's a common assumption out there that, in a democratic political system, the desires of the public should guide public policy," he tells me. "And in some cases that's certainly true. But, in many cases, the opinions of the public have very little to do with the policy outcomes that actually occur. This [GOP tax plan] is no exception. Americans have desired higher taxes on the rich for decades. And yet, fairly consistently, albeit with some notable exceptions, taxes on the rich over the past few decades have plummeted."

"The reason that this happens is policy makers who don't want to do what majorities of the public want, follow a playbook of confuse, distract, and ignore." Piston explains how it works and what it means --- or should --- for Democrats as they move into the 2018 mid-term election year and look to 2020 beyond it. "There is certainly a benefit to running against the rich, which is that it's easier to get the public on your side," he explains, before cautioning, "But it's not as easy to get donors on your side."

Finally, we're joined by Desi Doyen with the latest Green News Report on the cause of the Atlanta airport blackout, the massive, still-out-of-control winter wildfires in Southern California, Trump's ridiculous new declaration that climate change is no longer a national security threat, and an update on the deadly Amtrak train derailment near Seattle, which could have been avoided...with proper funding from Congress...

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On today's BradCast, a spoonful or two of sugar where we can find it, along with much too much bitter medicine. [Audio link to show follows below.]

Among the stories covered on today's jam-packed 'BradCast'...

First up: The massively unpopular Republican tax scam lurches toward the finish line after the last of the pretend GOP hold-outs in the U.S. Senate now seem to be on board. They all know it's a scam, of course, one that will not, as they pretend, "pay for itself". And most predict the tax bill will gravely hurt the GOP's chances of holding on to the U.S. House in 2018. But they don't seem to care for some reason Moreover, they are openly admitting publicly that they are coming for cuts to Social Security, Medicare and Medicaid almost as soon as the largest redistribution of wealth from the poor and middle class to corporations and the wealthy in the history of the nation is completed before Christmas.

Then: Earlier in the week, Trump's beleaguered Sec. of State Rex Tillerson had announced that the U.S. was ready to meet with the North Koreans for peace talks without preconditions. By week's end, however, that hopeful message of potential peace took a drastic u-turn, as Tillerson appears to have reversed course at the last minute during his remarks at the U.N. on Friday.

Meanwhile, even though they have, up until now, failed to enact any major legislation to date, Trump and the Republicans have been wildly successful at ramming lifetime appointments of radical right-wing jurists to the federal bench through the U.S. Senate. Some of those appointees have been ridiculously unqualified, though at least one Senate Republican is beginning to put the brakes on those nominees. We share part of the astonishing Senate Judiciary Committee colloquy this week between Sen. John Kennedy (R-LA) and Mark Spencer Petersen, Trump's embarrassingly unqualified nominee for a lifetime post on the U.S. District Court for the District of Columbia.

Finally, we get to at least a spoonful of sugar with a musical tribute to the apparently failed U.S. Senate candidate Roy Moore of Alabama, plummeting approval ratings for the President, the Vice-President and the entire Republican Party, and the hilarious case of pretty much every member of the Trump family in D.C. successfully suppressing their own votes in last month's New York mayoral election.

All of that and much more in today's BradCast. Enjoy!

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On today's BradCast: Disturbing news for Americans and free speech before Christmas, but great news for huge corporations enjoying record profits already. [Audio link to show follows below.]

First up, yet another media mega-merger is announced as Disney says they will purchase much of Rupert Murdoch's 21st Century Fox in a $52 billion dollar deal, even as Trump and the Congressional GOP push to give them all huge tax breaks --- at the expense of the poor and middle class. Republicans are hoping for final passage of their tax bill before Christmas and before presumptive Sen.-elect Doug Jones (D-AL) can be seated and further reduce the GOP's slim U.S. Senate majority.

On the upside today, one of Trump's wildly inappropriate industry shills nominated to the EPA has reportedly withdrawn, as have two wholly unqualified nominees for lifetime judgeship appointments to the federal bench.

Then, as expected on Thursday, Trump's Republican-led Federal Communications Commission (FCC), voted 3 to 2 along party lines to kill "Net Neutrality" rules for Internet Service Providers like AT&T, Verizon, Charter and Comcast. That, despite a letter from 18 state Attorneys General who asked the Commission to delay the vote until after a legitimate public comment period. The previous one, they charge, was manipulated by as many as 2,000,000 comments that New York's Attorney General Eric Schneiderman has found found to have been faked.

Nonetheless, right-wing FCC Commissioner and former Verizon attorney Ajit Pai did not delay the vote, and the Commission voted to kill the rules that had long prevented ISP's from blocking or slowing down certain websites or apps, or charging more for access to them. Longtime media reform activist SUE WILSON joins us today and describes the latest actions by the FCC as little more than a move toward the end of free speech on the Internet.

She argues that the move to kill Net Neutrality echoes the efforts to pass the Telecommunications Act of 1996, which was also sold by proponents at the time as a boon for competition and innovation that would result in more free speech over our public airwaves. Instead, the public radio waves have become the nearly exclusive domain of corporate right-wing political speech and propaganda in the 20 years since the measure was signed by President Bill Clinton.

"They made a lot of promises, when they consolidated radio, that we would end up with a much more diverse speech for everybody," Wilson explains. "Anybody who listens to radio knows that it's almost impossible to find a show like The BradCast on the air because it is now dominated by pro-Republican, conservative --- no, 'alt-right' --- speech, to the exclusion of all others. They flat-out lied to us, and guess what? That's what they're doing today."

A similar future may soon be in store for the Internet, unless promised lawsuits or Congressional legislation is able to block or reverse today's shamefully under-reported and disturbing turn of events.

"The claim that the Federal Communications Commission Republicans are making is that we need to give more money to broadband services so that they can invest in rural areas," says Wilson. "However, if you look at the Securities and Exchange [Commission] documents, which these corporations have to fill out --- under penalty of prosecution if they lie --- the six CEOs of publicly-traded broadband companies are telling their investors that the FCC's current Net Neutrality rules have not in any way impacted their investment strategies. Again, we're looking at the Federal Communications Commission, as headed by Ajit Pai, just making things up out of whole cloth."

Finally, Desi Doyen joins us for the latest Green News Report, with an update on the record and still-growing Southern California wildfires, more bad news about the Arctic, some good news for Tesla, and a worldwide embarrassment for the United States...

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Two days before Thanksgiving, the Federal Communications Commission announced [PDF] it will vote December 14 on a new Federal rule that may very easily take away our Freedom of Speech on the Internet.

That's not an exaggeration.

The three Republican presidential appointees on the FCC will pass a federal rule that could result in any content provider with a website or app --- from AirBnb to Zillow to The BRAD BLOG --- being forced to pay your Internet Service Provider big fees for the privilege of bringing their content onto your device or computer. If they don't pay up, their content slows down, and you can't get the content you want unless you wait. And wait. Research shows if you wait just ten seconds, many just give up. It's not so bad for content from well-funded players, but what happens when the guy who blogs about your local school board gets shut out? Chalk another one up for Big Media controlling what information we are allowed to see...

On today's BradCast: A last minute ruling by the Alabama Supreme Court, without plaintiffs even present, will allow the state to destroy electronic "ballot images" created by the state's digital computer ballot scanners in Tuesday's special election. Also, was it the fake news or the real news that tipped last year's Presidential election? [Audio link to show follows below.]

In Alabama, computer tabulators determine the intent of voters (either correctly or incorrectly), as cast on hand-marked paper ballots from Tuesday's highly contentious U.S. Senate Special Election between Republican Roy Moore and Democrat Doug Jones. The state Supreme Court, in a late ruling on Monday, issued a stay [PDF] that effectively reversed a lower court order [PDF] on Monday. That order had required all digital scanners in the state to be set to retain all such images created by the system as ballots are scanned through it. The stay now means that only in the exceedingly rare event of a hand "recount" of paper ballots will the public be able to oversee elections results to determine if the computers got it right on Tuesday.

We've been covering this issue for some time. (My original interview last week with election integrity and transparency advocate John Brakey, who helped organize the AL lawsuit is here.) Yesterday, it looked like a win for Brakey and the multi-partisan plaintiffs who filed in court to demand the state's retention of all digital images for inspection by the public, as per federal law requiring all election materials be retained for 22 months. But late on Monday, Secretary of State John Merrill and Alabama's state Election Administrator Ed Packard argued their case [PDF] ex parte (in otherwords, alone, without the plaintiffs there or allowed to respond) and received a favorable ruling from Roy Moore's old colleagues on the court. (Moore was formerly a State Supreme Court Justice, until twice being removed for failing to follow federal court orders.)

I spoke with Brakey and attorney working on the case, Chris Sautter, earlier today, as well as other experts. I've got details on their comments, and from the court documents, on today's show. Essentially, the state argued that state election officials didn't have jurisdiction to order county election officials to turn on the software switch on the scanners to retain all ballot images, and that doing so at the last minute, as the Circuit Court ordered on Monday, would "cause confusion among elections officials and be disruptive to" the election on Tuesday. That, even though the Circuit Court judge found it wouldn't cost the state anything to do so and that failing to turn on the setting that retains the images would lead to irreparable harm to the plaintiffs. Sautter tells me the state did not make the case for last minute confusion during the lower court arguments.

I suspect we'll have much more on that and on other problems reported at the polls today, on tomorrow's BradCast, along with whatever results --- accurate or inaccurate (who knows?) --- that the computers may report by then.

Then, after a flurry of fake news over the weekend during the final run-up to Tuesday's U.S. Senate election in Alabama, we discuss an alarming new study analyzing the effect of both real and fake news during the run-up to last year's Presidential election. Was it so-called fake news and Russian Facebook ads that gave Donald Trump the edge to defeat Hillary Clinton last year? Or, was it a failure by the mainstream corporate media --- the "real news" --- to responsibly cover important issues that the electorate needed before casting their vote? DAVID M. ROTHSCHILD, co-author of the new study published by Columbia Journalism Review, joins us today to discuss their --- at times, remarkable --- findings.

I'd strongly urge you to read their full damning report --- particularly if you are of the mind that fake news and ads said to have come from Russia, turned this election --- because there are too many detailed and troubling findings in it for me to adequately summarize either here or during today's program.

But, to cite just one aspect of my conversation with Rothschild about the report's analysis of 150 front-page articles in the New York Times over the 69 days prior to last year's November election, he tells me: "150 stories. And of that, there were just 10 stories where they actually really touched on a specific policy initiative of either of the candidates, the ideal thing that you would want the 'paper of record' to be supplying to people. The vast majority of stories were miscellaneous campaign stories. Over 50% of them talked about the horse race. Very small percentages, 15% or less, actually talked anything about policy, with even smaller percentages actually talking about the policies themselves. It was all about the horse race, all about the scandals, not about the impact of the election itself on policy, which is ultimately why we have elections and ultimately defines the impact of these elections."

His study notes that in just six days right before the election, "The New York Times ran as many cover stories about Hillary Clinton’s emails as they did about all policy issues combined in the 69 days leading up to the election." That said, ironically enough, as Rothschild notes, even the MSM coverage of the purported scandals was terrible, misleading and inaccurate as well! They, and we, never seem to learn.

Finally today, Desi Doyen joins us for our latest Green New Report, as unprecedented winter wildfires continue to ravage Southern California and as the Trump Administration continues to ravage the environment...

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On today's BradCast, we take a deep dive into the insane state of play in the final days before voters finally head to the polls in Alabama for the U.S. Senate special election between the Republican, twice-removed-from-the-bench judge Roy Moore and Democratic former US Attorney Doug Jones.

But first, a few quick news items today, including an update on the still-out-of-control Southern California wildfires; The mostly-failed terror bombing by an alleged ISIS sympathizer in the subway near Times Square today; news in the case of three white rightwing "militiamen" on trial for an alleged scheme to bomb a community of Muslim Somali refugees in Kansas. Their motion seeks to get more Trump-supporters from elsewhere in the state on their terror trial jury; New details on the school shooting (by another white guy) in New Mexico last week that took three lives, including that of the shooter. Despite FBI investigators interviewing the man last year after he is said to have left online comments seeking information on weapons to use in a mass shooting, he was able to legally purchase a semi-automatic pistol and high-capacity magazines last month anyway.

And then it's onto our deep dive into "deep red" Alabama and the state of the important Moore/Jones U.S. Senate election before Election Day on Tuesday. Among the issues covered on that front today:

• Election Integrity advocates obtained a big win on Monday morning, when receiving an order [PDF] from a state court requiring state election officials retain digital ballot images created by computer scanners tabulating the paper ballots used across much of the state. (My interview last week with John Brakey, the election integrity advocate who organized the court action, explaining why its necessary, is here.)
  UPDATE 12/12/2017: After a private ex parte motion (meaning, the opposition was not present) later in the day, by the defendants, AL's Sec. of State and State Election Director, the Alabama Supreme Court stayed the earlier Circuit Court ruling and set a hearing on the matter for later this month. That, effectively, means that ballot images will not be preserved after all. More on this remarkable late ruling on today's BradCast...
• Some last minute news on the anti-gay, anti-Muslim Moore, who has been accused by 9 different women of inappropriate sexual contact with them when they were teenagers (including one who was 14-years old at the time), on his belief that Constitutional Amendments which came after the ten in the Bill of Rights --- including those that ended slavery and gave voting rights to African-Americans and woman --- somehow violated the intentions of the nation's Founders;
• New polling from Fox "News" claiming to find the Democrat Jones up by 10 points over Moore on the eve of the election, and another new poll from Emerson finding Moore up over Jones by 9 points;
• How the entire race will come down to turnout, particularly in the African-American community, and whether they are allowed to vote and to have their votes counted as cast, given the state's Photo ID voting restrictions and other practices which Republican state lawmakers have been caught admitting to having designed specifically to suppress black and Latino voting;
• AL's senior Senator Richard Shelby, a fellow Republican, announces he could not vote for Moore, based on the allegations against him;
• And, finally, a remarkable focus group led by Republican pollster Frank Luntz for VICE News with so-called "conservative" Alabamians explaining why they plan to vote for Moore despite the allegations by nine different women against him...

Buckle up!...

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Last week, at the behest of the "terrorist-enabling" National Rifle Association (NRA), the Republican-controlled U.S. House of Representatives voted to pass the Concealed Carry Reciprocity Act [PDF] (CCRA or HR-38), by way of a mostly party-line vote, 231 to198.

Under the provisions of this proposed federal statute, anyone who has a right to carry a concealed handgun in their own state --- such as "Wild, Wild West Nevada" where everyone is entitled to open or conceal carry all manner of firearms --- must now be permitted to carry a concealed weapon inside any other state that allows citizens to apply for, but not necessarily receive, a permit to carry a concealed handgun.

According to Manhattan District Attorney Cy Vance Jr., "Someone from Vermont, where there are no permit requirements, could come into New York City with a loaded gun, come to Times Square, go to the subways." This, NYPD Commissioner James O'Neill added, "will make New York City less safe and our job as law enforcement much harder."

Organizing for America's Jesse Lehrich similarly observed in a tweet, that where Massachusetts "has a rigorous process to obtain a Concealed Carry permit, Vermont has no requirements. Under HR-38, a guy from MA could just buy a gun in VT & bring it back & override MA laws."

As a practical matter, it would be difficult, if not impossible, for local law enforcement to determine whether an individual sporting a concealed weapon has a permit from another state without first "detaining" them long enough to check their ID. That, as Lehrich notes, could also get them sued, because HR-38 allows someone with a permit from another state to sue law enforcement for simply detaining them.

The legislation, if adopted, would also appear to override states' rights in gun safety conscious states, like California, where both open and concealed carry is generally prohibited, though residents may apply for a license to carry a concealed firearm. The NRA's proposed federal statute would prohibit CA law enforcement from "arresting or detaining" a NV resident with a permit, even though CA residents who could not meet the criteria for a concealed carry license under state law could be prosecuted for the same offense.

Fortunately, if the life-endangering CCRA is enacted into law, there's a good chance it will subsequently be struck down as unconstitutional, even by our current U.S. Supreme Court...