I'm back after a few days off for today's BradCast! My huge thanks to Radio Or Not's Nicole Sandler for guest-hosting over the past several days and affording Desi and me a bit of much-needed down time.

Of course, as soon as we stood down, everything blew up in Congress and everywhere else. So, I touch on a few of those points --- particularly the Republican Party coming apart at the seams, as we now see in their inability to find a House Speaker or even a Presidential candidate for that matter --- on today's program.

Then, it's on to the continuing fight for the right to vote across the country. We've got some troubling news out of Kansas, where their Sec. of State Kris Kobach (R) is attempting to justify his voter suppression with new prosecutions. And then we've got some very good news out of California, where voter registration will now be automatic and could lead to as many as 6.6 million new voters in the Golden State.

At the same time, Fox "News" is now offering a huge lie about the state's new law, as advanced on air today by Judge Andrew Napolitano.

After offering his (rather remarkable) opinion that the U.S. Supreme Court "wrongly" found voting to be "a fundamental right," Napolitano asserted the lie that "once it said that, states like California decided to allow people to vote who aren't qualified by law to vote because of the fundamental aspect." The former Judge then added to his lie by claiming that "an illegal alien in California...can vote in local, state, and federal elections in California and those votes count," simply by obtaining a drivers license under the new Motor Voter Law signed over the weekend by Gov. Jerry Brown (D).

In response to Napolitano, we obtained a statement via email from Dean Logan, the Los Angeles County Register-Recorder/County Clerk, describing the outrageous assertion as categorically "false". "The new Motor Voter law only applies to those identified by DMV records as meeting the eligibility requirements to be registered to vote --- including citizenship," Logan says in his statement this afternoon, as read on air. "The law specifically mandates that distinction and the adoption of regulations to ensure against registration of non-eligible persons. The contention that the law automatically places non-citizens on the voter rolls is false."

Since airtime, the office of CA Sec. of State Alex Padilla (D) has also responded to our query and confirms that the new law "expressly prohibits" voter registration for non-citizens. Of course, Fox couldn't be bothered to find out and accurately inform their viewers.

Next, we are joined by Michael Collins of the Drug Policy Alliance to discuss the federal Bureau of Prisons' long overdue reform to sentencing guidelines that will result in some 6,000 inmates being freed within days, and perhaps a total of 46,000 thereafter. Collins explains how the changes came about and notes: "The Sentencing Commission definitely deserves to be applauded for what it's doing. But, at the same time, it's a drop in the bucket compared to the overall prison population."

"Drug offenses and the hysteria around drugs in the 80s and 90s, where laws were introduced, mandatory minimum sentencing was introduced, and we saw the prison population grow through the roof," requires reform that only Congress can provide. But, as dysfunctional as Collins acknowledges Congress to be, he says, on this issue, there is actually very real, bipartisan momentum in favor of reform in both chambers.

"There is a strong, bi-partisan movement for criminal justice reform and for sentencing reform," he tells me. "Republicans, Democrats, liberals, Tea Partiers, hard-core conservatives, old-school law and orders --- you name it --- there's this broad bi-partisan momentum to do something on criminal justice reform."

Finally, Desi Doyen joins us for our latest Green News Report, with an opportunity to call out Sen. Lindsey Graham (R-SC) for his remarkable display of hypocrisy in the wake of historic flooding in his home state.

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On today's BradCast: The most incredible, embarrassing nonsense you may not have even heard about is going on in the otherwise great state of Kansas, thanks to their extremist rightwing Republican legislature and Governor Sam Brownback.

But, first, it rained in Los Angeles today! Yes, amidst a record 500-year drought, rain actually counts as news these days. I explain, along with Desi Doyen who was also there to witness it. (Oh, and here's that harrowing fire footage we described in today's show.)

As if that's not crazy enough, a group of House Republicans are introducing a resolution that calls for climate action in advance of Pope Francis' visit next week and historic address to Congress, in which he is expected to make the case for taking action to curb global warming (and, also, in favor of the Iran peace deal.)

And that's not the only good news today. Australia's crazy rightwing Prime Minister Tony Abbott was ousted last night in a late night coup by his own party, paving the way for a new Prime Minister who actually believes in stuff like climate change and marriage equality!

But then, of course, our main topic today: More on what the hell is the matter with Kansas. Brennan Center for Justice's Democracy Program attorney Matthew Menendez joins us for an update on the cases he (and a number of other groups) have filed against Brownback on the heels of legislation the Governor signed that would defund the entire state Judiciary system if the courts have the temerity to strike down Brownback's legislation concerning education funding and restructuring (rigging) the judiciary.

"What they passed says if the outcome in a particular lawsuit came out a particular way, then the entire judicial appropriations was no longer valid," Menendez explains. Well, guess what? The court has just found against the state! So, now what?

"This is very troubling," Menendez tells me, detailing how the plaintiffs have been forced to seek a stay on the court's ruling (in their favor!) in order to keep the GOP law from kicking in and defunding the entire court! "In America, where we firmly believe --- or profess to --- in separation of powers, it's essential that judicial salaries not be threatened if legislators disagree with one of their rulings."

So much for the "conservative" belief in the Constitution's co-equal branches of government. Menendez tells me what has just happened in KS, where the cases are now, and what is expected to happen next in what he says could turn into "just a complete constitutional crisis."

Finally, on yesterday's program we played some of 2016 Democratic Presidential candidate Bernie Sanders' remarks at Jerry Falwell's Liberty University as he attempted to reach out and find common ground with some of the 12,000 "conservative" students in attendance. Today, we hear from some of those students as they react to Sanders' speech. Suffice to say, reaching out to those who think they don't agree with you may be a very wise thing to do in today's divided and divisive media world.

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Over the weekend at the DNC Summer Meeting in Minneapolis, 2016 Democratic Presidential candidate Martin O'Malley excoriated his party for their 'rigged process' of Presidential debates. Bernie Sanders agreed and BRAD BLOG's legal analyst Ernest A. Canning apparently does too.

He wrote about it this week, including his concerns that the process could result in a 1968-like rift within the party. He joins us to discuss it on today's BradCast.

Also today, in a victory for President Obama (and for peace and diplomacy) it looks like the Iran Deal now appears to be sealed in the U.S. Senate --- despite wild disinformation about it (and a Republican base which appears clueless about that and much more).

We also take listener calls on all of the above, including some on our programs earlier this week on the KS statistician being blocked by the state from examining evidence she believes suggest "voting machine manipulation" and the attorney representing the couples suing the KY County Clerk who refuses to issue marriage licenses in defiance of the U.S. Supreme Court.

Plus: Desi Doyen joins us for the latest Green News Report as we get ready to take a few days off for the holidays. (But, don't worry, your BradCast will be ably guest hosted once again by the excellent Nicole Sandler of RadioOrNot.com for a couple of days until we're back after the holidays!)

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

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

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

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

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

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

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

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

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

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Whether statistician Beth Clarkson, PhD, head of Wichita University's National Institute for Aviation Research, is ultimately proven correct, today's must-listen, in-depth interview with her on The BradCast should remind us all, once again, why neither election officials nor voting systems are simply to be trusted.

Without the ability to carry out public oversight, democracy vanishes. That's what's happening right now in the state of Kansas, where Sec. of State Kris Kobach is attempting to block Clarkson's legal attempt to audit touch-screen voting system "paper trails" in Sedgwick County (Wichita), the state's most populous county.

Confirming a theory initially reported by two other statisticians in 2012 [PDF], Clarkson has found that computer-reported results from larger precincts in the state, with more than 500 voters, show a "consistent" statistical increase in votes for the Republican candidates in general elections (and even a similar increase for establishment GOP candidates versus 'Tea Party' challengers during Republican primaries). Those results run counter to conventional political wisdom that Democrats perform better in larger, more urban precincts.

The larger the precinct size, she explains on today's program, the higher the percentage of the vote for the GOP candidate. Clarkson finds "that is the case, and that is a relationship that is unexplained and very troubling." Previously, statisticians Francois Choquette and James Johnson found a similarly unexplained relationship while examining reported vote totals in Iowa, New Hampshire, Arizona, Ohio, Oklahoma, Alabama, Louisiana, Wisconsin, West Virginia and Kentucky.

Even more disturbing, in hopes of further testing her theory, Clarkson has filed a lawsuit under the state's public records act in hopes of auditing some of the so-called "paper trails" from the state's unverifiable touch-screen voting systems, but Kansas Sec. of State Kris Kobach (a long-time GOP vote suppression champion) is fighting her access to those records in court. Kobach's full response is here [PDF]. The response from the Sedgewick County Election Commissioner Tabatha Lehman is here.

Clarkson tells me she believes the statistical pattern she confirms in KS is evidence of rigged elections.

"There have been a few theories advanced," to explain the statistical pattern. "The one I find most probable is that the voting machines are being manipulated. Their vulnerability seems to me a fairly high-probability explanation for this particular pattern. It fits exactly what you'd expect to see if people are flipping the votes within voting machines."

While I've been skeptical of the general theory for some time, for reasons that I explain during the program, Clarkson makes a compelling case, particularly for the ability of the public to oversee their own elections by examining the voting systems in question. If the public is not allowed to examine the so-called "paper trail" of these god-forsaken machines, what good are they?

"Suspicion isn't proof," Clarkson is careful to note. "The reason I'm suing for the paper records is because an audit can provide proof. Statistics are not going to be convincing to most people over the long term because they don't understand the math, and you don't believe what you don't understand. But an audit is fairly straightforward and the results should be fairly definitive."

She adds that Kobach's attempt to keep her from examining paper logs and tapes makes little sense, particularly when they concern elections which are long enough ago that the results may no longer be officially contested. "Voting is important and we want to keep those records secure so we can be assured of the accuracy of the count. But they're so secure now, nobody gets to see them."

Also today, as if we needed yet another reminder of why neither electronic voting systems nor election officials are simply to be "trusted", on Friday, New Mexico's Republican Sec. of State Dianna Duran --- like Kobach, also a long time "voter fraud" fraudster --- was charged with 64 criminal counts related to embezzlement, fraud, money laundering, violations of the Campaign Practice Act, tampering with public records, conspiracy, and a Governmental Conduct Act violation.

(For longtime BRAD BLOG readers, the new charges against Duran may sound vaguely familiar.)

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A big BradCast today!...

First up, Kansas Sec. of State Kris Kobach (R) continues his years-long phony "voter fraud" crusade, but now he's been given more authority to cause even more damage to the fundamental right to vote! After years of blatantly lying about "voter fraud" in the state (which we document in detail), he has now been given prosecutorial authority by the state's Republican Governor to personally clean up his pretend scourge in Kansas.

His first act? Setting up a webpage to allow the public to report instances of fraud on the SoS website (since he's been unable to find any on his own during his five years in office since being elected to "Stop Voter Fraud!"). But, conveniently, he's left off the option for the public to report on Kansas' much more pressing problem: voter suppression --- especially by guys like Kobach, who, since taking office, has successfully blocked tens of thousands of legal Kansas voters from being able to vote in state elections.

Then, former FBI Special Agent, 9/11 whistleblower and TIME Magazine's 2002 Person of the Year, Coleen Rowley joins us to explain why Dylann Roof, the alleged Charleston, SC shooter and avowed racist, was charged with hate crimes this week, but not terrorism. What's the difference between terrorism and hate crimes? And does the SC shooting now prove (once again) that the term "terrorism" has become little more than meaningless propaganda?

The term "terrorism", Rowley tells me, is now "uniquely set for Muslims, or for Arab nations that we have had agendas with in the past. The media is primed for that message."

"The definitions have a propaganda value, but they are not clear, and they're not good for purposes of law enforcement at all because they're not even making sense. In fact, I think that's all they are serving now --- as propaganda," she explains, before citing one of her favorite quotes: "A poor man's war is terrorism. A rich man's terrorism is war."

Finally, Desi Doyen joins us for the latest Green News Report with the climate position of the latest entrant into the 2016 GOP race and how a Democratic candidate has made Fox "News" heads explode by telling the truth about the relationship between climate change and the rise of ISIS...

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Greece is the word! On today's BradCast, financial journalist David Dayen joins us to explain the latest news in the Greek fiscal crisis and how austerity measures being forced on them continue to harm the nation even as the Eurozone and IMF move to make things worse, citizens head to the polls to help decide what to do about it and the "vultures" continue to make out like bandits.

"The problem is that these European institutions want Syriza [Greek's currently ruling leftist party] to suffer because they want to snuff this out," Dayen explains. "If an anti-austerity party is successful in one country in the Eurozone, that's going to tell the rest of the Eurozone that they don't have to live under these conditions anymore."

Dayen also tips us off to a similar fiscal mess now unfolding in Puerto Rico and how, even though "FastTrack" authority for the TPP (and other trade agreements for the next six years) has now been passed by Congress and signed by Obama, the controversial secret trade agreement could still be blocked in the U.S. House.

Then, I explain the Supreme Court decision you probably didn't hear about this week, which --- though good in that it tells Republican "voter fraud" fraudster and KS Sec. of State Kris Kobach to go to hell --- still leaves more than 30,000 otherwise perfectly legal voters in Kansas (and many in Arizona as well) unable to cast a vote in their own state.

Finally, Trump-mania continues as The Donald is fired by one group after another yet still manages to vault into 2nd place in Iowa polling. Donald Trump is the modern Republican Party id, whether they'll admit it or not, and they've got a real problem on their hands. On the other hand, I couldn't be enjoying it more!

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As I suggested earlier today, I believe Donald Trump just blew up the 2016 Republican Presidential primary, and maybe even the 2016 general election.

All bets are off, now that, as our guest on today's BradCast, Heather 'Digby' Parton of Salon and Digby's Hullabalo explains, the very embodiment of the misbegotten Reaganist American Dream --- and a TV star, at that --- has entered the contest for the Republican nomination.

Born a millionaire, Trump "became a billionaire, which is really kind of the ultimate American Dream. In fact, it's the only American Dream now," Parton opines. "You're a billionaire or your not and anything less than that is, you're kind of a loser."

Am I right when I argue that media and political pundits who disregard him as a clown (which he is), "misunderestimate" Trump's candidacy at their own peril? Parton, a 2014 Hillman Foundation Prize winner for Opinion and Analysis Journalism, seems to believe I could be. After all, she notes, "this is the culmination of about 30 years of propaganda" that folks like Reagan, Fox "News" and Roger Ailes put in place.

Trump "is channeling the GOP id," she says, adding: "The grand metaphor of this era, is Frankenstein's monster getting out of control. And that's what happened on the Right. And Donald Trump is another manifestation of that particular metaphor coming to life."

Plus: Speaking of misbegotten Reaganists, how Gov. Sam Brownback's Kansas has officially become "a Dickensian nightmare"; And Politifact fails again in rating Hillary Clinton's facts about the voting rights records of her opponents...

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It was a major victory (for now) for progressives in the U.S. House hoping to block the TPP trade agreement favored by Obama and the Republicans. On today's BradCast, we explain what actually happened on Friday. (Since all you'll hear from the MSM is how "Obama suffered a humiliating defeat by Democrats!" He did, but that's not what matters.)

Then: Apparently Republicans don't understand how the whole "Laboratories of Democracy" idea for states is supposed to work. At least not based on how the disastrous ongoing experiments of Reaganist Gov. Sam Brownback (R) in Kansas are going. The state has several incredible messes on their hand, all stemming from the far rightwingers' tax cuts for the wealthy which have now resulted in a massive $400 million budget deficit which must be closed by law before next week.

But, perhaps even more extraordinary, is a law signed this week by Brownback that would, if the court system dares to disagree with him and fellow Republicans on state funding, result in the entire state Judicial system being defunded. No, seriously. Matthew Menendez, Counsel at the Brennan Center for Justice's Democracy Program, joins me to explain the insanity. And, apparently, it's as mad as it sounds! "It is incredible," Menendez tells me, as I beg him to explain how I've got it wrong. "I have never seen anything like this," he says.

Also today: Yet another major hack, this time of security clearance info for intel and military personnel. (But, again, Internet Voting and e-voting is totally security, as run by your local election official. Don't worry!); And Desi Doyen joins us with the latest Green News Report on, among other things, the G7 declaring the end of fossil fuels and Santorum v. Pope!...

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IN TODAY'S RADIO REPORT: Shell Oil returns to the Arctic (buckle up!); ALEC now pretending it never denied global warming; Kansas moves to restrict fracking after stunning increase in earthquakes; Big Oil pressured Oklahoma to downplay link between fracking and earthquakes; Texas moves to ban fracking bans; PLUS: Obama moves to train veterans for solar industry jobs....All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): When Cronkite warned America about global warming: The Way It Was; Climate activist Tim DeChristopher calls on churches to lead global warming fight; PA fracking study on water contamination now under ethics review; Duke Energy settles for $2.5m fine for 3rd largest chemical spill in US history; NTSB seeks stiffer standards for oil tank cars; Voters want next president to favor climate policies, poll finds; Spain got 47% of its electricity from renewables last month... PLUS: Keep showering, California. Just lay off the burgers and nuts... and much, MUCH more! ...

A few weeks ago, Francis Barry, whose bio identifies him as having "previously served as Director of Public Affairs and Chief Speechwriter for New York City Mayor Michael R. Bloomberg," had a piece published by Bloomberg View (the op-ed arm of the Bloomberg News outlet), portending to examine whether Photo ID voting laws had an adverse effect on turnout this year.

Specifically, as the very first paragraph of his piece explained, Barry claims to have been looking at whether "voter identification laws suppress turnout" since, as he opined in the same graf, "Liberals" argue "not all citizens have the type of ID that many states now require at the polls."

The piece, headlined "Quit Blaming Low Turnout on Voter ID", went out of its way to make the case that such laws had nothing to do with turnout this year, as some states with such laws even saw higher turnout than others without them. While one could attempt to make such an argument, in this case, unfortunately, Barry used extraordinarily deceptive data and moving goal posts in order to do so, as detailed in the emails (posted below) between me, him and one of his editors.

The main trick he employed was an apples to oranges comparison of turnout rates in "21 states that had a competitive gubernatorial or Senate race", where, he misleadingly claimed, "Fourteen of the 21 states had a voter ID requirement in place, while seven didn't".

But here's the thing. Barry deceptively swapped the type of very specific Photo ID laws cited in his first paragraph, with very non-restrictive ID laws that are in use without objection in many states.

When I explained all of this in detail to him and his editors via email (all posted below), the response I received back was, as I noted, "mind-boggling, to be frank"...

It's investigative Election Integrity muckraking in East Coast/West Coast stereo!

My thanks to Thom for inviting me for this week's longer-than-usual panel conversation on his Big Picture TV show, and to Palast for being the inimitably indefatigable Greg Palast!

Lively discussion includes everything from the secret GOP Crosscheck program to Greg's assertion that it cost Democrats several key U.S. Senate races to the U.S. now ranked 26th in electoral integrity among world democracies (last among Western nations) to the Republicans' long hard fight to return to Jim Crowism in TX and beyond...

[Thanks to Palast's office for stitching both segments together in one easy-to-watch clip! I've replaced the original embed with that version above.]

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On this week's KPFK/Pacifica Radio BradCast I was joined by investigate journalist and author Greg Palast to discuss his disturbing report on the GOP's secret "Interstate Crosscheck" database and the hundreds of thousands of voters it may have knocked off the rolls this year.

PLUS: A flashback to my interview with then 25-year old paralyzed Iraq War veteran turned anti-war activist Tomas Young at "Camp Casey" in Crawford, TX in August of 2005. It was Young's first national interview proceeding his story being told on CBS 60 Minutes in 2006 and in Phil Donahue and Ellen Spiro's documentary Body of War in 2007. During the interview, Young (who had driven 13 hours from Kansas City on his honeymoon, despite unceasing pain) describes the tragic story of how he was wounded during a rescue mission in an unarmored truck in Sadr City; how and when he turned against Bush's war; we joke about BBQ in Missouri and more; and then hatch a (successful) plot to bring his story to national attention.

After years of demanding accountability for the Bush/Cheney Administration war criminals, Young died earlier this week just before Veterans' Day and just weeks shy of his 35th birthday.

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

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

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

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

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

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

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

The pace of GOP voter suppression stories and scams is now cascading in faster than we're able to fully check out or report in detail. So, for now, here are a few very important stories that are likely to become even more relevant in the coming days, even as we've only time for quick coverage here at the moment...