On today's BradCast: That mighty "thud" you heard on Friday morning? It may have been the release by Donald Trump and U.S. House Republicans of their long-awaited, much-ballyhooed, self-generated memo, which they promised would expose "worse than Watergate" crimes and wildly biased partisan "witch hunt" activities by the FBI and DoJ as part of their investigation into whether Team Trump worked with Russia to undermine the 2016 Presidential election. It did none of those things. But it does expose them as hypocrites when it comes to U.S. surveillance policies. [Audio link to show posted below.]

The three-and-half page memo was released on Friday despite the strenuous objections of Democrats and Trump appointees at the FBI and DoJ who shared "grave concerns about material omissions of fact that fundamentally impact the memo's accuracy" before its release. Trump didn't care. The document, made of partial, cherry-picked facts, is meant to suggest the FBI inappropriately obtained a secret warrant (and three renewals for it) from the Foreign Intelligence Surveillance Court (FISC) to spy on Carter Page in late 2016. Page was a Trump campaign volunteer who had long been on the radar of the intelligence community after being cited in intercepts from Russian intelligence agents discussing him as an asset as early as 2013.

The newly declassified memo is the work of U.S. House Intelligence Committee Chair Devin Nunes (R-CA) and his staff, who may or may not have worked with the White House itself on the effort, but it ultimately appears to do little to bolster their argument that Republican Robert Mueller's Special Counsel probe is in some way compromised by Democratic partisans. (Even Shepard Smith of Fox "News" seems to agree.)

It does, however, underscore concerns about the manner in which Foreign Intelligence Surveillance Act warrants are obtained in the secret FISA Court, where there is no adversarial opposition to the secret case offered by the Government. All of which begs the question as to why Nunes himself voted just two weeks ago against FISA reforms advocated by civil libertarians on the Right and Left, and in favor of extending and expanding the controversial surveillance law for another 6 years. It also begs the question as to why Trump signed that FISA extension without reforms to the process that he and Nunes are now claiming to be so troubled by. Again, that was all just two weeks ago! [My conversation on that matter on this show, two weeks ago with former DoJ attorney Elizabeth Goitein --- after Nunes and the House passed the bill, and just before Trump signed it --- is right here.]

Then, as the cable news channels continue to devote nearly 24/7 to political intrigue and food fights, a reminder that a fish rots from the head down. To that end, the petty cruelty of Donald Trump is permeating its way into executive branch agencies, polices and behavior with nowhere near the media sunlight it deserves. We cover a number of the under-reported recent stories of how his cruel, hard-line immigration policies are ripping families apart and hurting real people, right now, and at least one federal judge who drew a hard line in the sand this week against at least one aspect of those policies.

Finally, as promised earlier this week, a disturbing story about Diebold, the makers of ATMs and (formerly) of computer voting, registration and tabulation systems, and a newly-issued warning that their ATMs are being hacked to spit out cash in a scheme called "jackpotting". But while the security built into their machines that contain thousands of dollars of actual cash may not be great, you needn't worry about the security of their systems used to cast and count our votes in at least one-third of the country this year in our upcoming 2018 midterm elections, right? After all, neither Trump nor Nunes nor the rest of the Congressional Republicans appear to be too concerned about it, so why should you be?...

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On today's BradCast: The government shutdown ended just last week. Next week, the next deadline for funding the government is upon us, along with the same fight to protect some 800,000 "Dreamers" from being deported. Do Democrats have any better plan to stand up to Trump and the Republicans this time? [Audio link to show follows below.]

First up, some important news headlines that are likely to disappear among all of the madness in D.C. and much of the corporate media: There was yet another school shooting today, following the one in rural Kentucky just last week. This time it was a middle school in Los Angeles, where a 12-year old girl is said to be in custody after two 15-year olds were shot.

In Pennsylvania, the Republican President of the Senate, Joe Scarnati, is blatantly refusing orders by the State Supreme Court to turn over districting documents after the court found last week that the GOP-controlled legislature in the largely 50/50 swing-state had gerrymandered U.S. House districts in violation of state law. Republicans currently hold 13 seats to the Democrats' 5 under the GOP-drawn maps. The Court has ordered the maps immediately redrawn, but Republicans are trying to prevent that, and are now defying the court in doing so. Scarnati's behavior continues a growing and disturbing pattern by Republicans across the country --- and now all the way up to the White House --- to simply refuse to follow the rule of law and orders of the court.

Meanwhile, some very good news for voters in Florida, as a federal court, just before airtime, finds the "scheme" employed by Republican Gov. Rick Scott to consider restoration of voting rights for some 1.5 million former felons in the state, to be in violation of the U.S. Constitution's 1st Amendment Free Speech clause and 14th Amendment Equal Protection clause. Currently, the process to overcome Florida's lifetime ban on voting rights for former felons who have long ago completed their sentences, finished parole and paid off all restitution, requires personally groveling to the Governor and hoping rights are restored, at his standard-free whim, according to the federal judge. That may now, finally, change (unless the ballot initiative to restore such rights to former felons is adopted first this November, after the measure's proponents successfully gathered nearly 1 million signatures in support last week!)

Then, it was only last week that Senate Democrats caved to Donald Trump and the Republicans following just two days of a government shutdown. After promising to vote against any government spending bill unless it included protections for some 800,000 "Dreamers" --- Obama-Era DACA recipients who, thanks to Trump, now face deportation as soon as March 5 --- the Dems folded and reversed course.

That, as our guest today, DAVID FARIS, Roosevelt University political scientist and The Week contributor, argues, has now further weakened what had previously been a fairly strong hand for Democrats.

Now, the next funding deadline and possible shutdown looms just one week from today, as the previous reversal by Democrats has likely bolstered Republican resolve and afforded time for Trump to move the goal posts even farther right on his immigration demands. He detailed those demands during his offensive remarks on the matter in his State of the Union Address Tuesday night.

"It highlights to me way it was such a huge mistake for Democrats to cave and come back to the table and reopen the government. Because what it did was it allowed the President and his allies to seize the initiative here, and to release this plan to the public. It's just shocking to me that Democrats didn't think ahead, 'What's coming up? The State of the Union.' This will allow the President to set the parameters of the debate," Faris says.

He charges that Democrats "went from a situation where they were fighting for one issue that they had a 53 point advantage on --- and that's DACA and the Dreamers --- to a situation where now we have multiple immigration proposals thrown together, and they all, at least, have good plurality polling for the President."

Faris, author of the upcoming book, It's Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics, argues the fate of the "Dreamers" may now, unthinkably, be left up to the hope that Trump decides to simply do the right thing for those 800,000 children brought here illegally as children decades ago by their parents.

Finally, Desi Doyen joins us for the latest Green News Report, with some good news (for a change) for Puerto Rico, some very good news for the state of New Jersey under their new Democratic Governor, and some more bad news for the planet and the state of Maine under their dumbest Governor in the nation...

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On today's BradCast, we try to make sense (wish us luck!) of Donald Trump's first, anything-but-normal State of the Union Address on Tuesday night. [Audio link to show follows below.]

After some quick news headlines --- (on another top Trump official resigning in shame, another senior Republican Congressman announcing he won't run for reelection, a Democratic Senator avoiding a second corruption trial, and a literal GOP train-wreck) --- we dive into our special coverage of what used to be a solemn and largely serious U.S. tradition.

We're joined today for commentary, fact-checking and other post-SOTU analysis by DAVE JOHNSON, longtime blogger, creator of "Seeing the Forest", and former Senior Fellow at Campaign for America's Future, and TARA DEVLIN, comedian, creator of RDTDaily.com and host of the weekly, TaraBuster podcast.

Desi Doyen joins us as well, of course, to help break down and fact-check Trump's misleading claims and outright SOTU lies on the economy, tax cuts, healthcare, immigration, drug prices, dangerous "national security" plans, his deceptive infrastructure proposal, his racist dog-whistles and shameless attempts at fear-mongering the American people during Tuesday night's joint session of Congress.

We also review just some of the things that Trump didn't mention in his speech for some reason (America's deadly gun epidemic and climate change, among others), whether Democrats will be able to counter the coming tsunami of GOP propaganda in advance of the 2018 midterms, and how Rep. Joe Kennedy, III performed in his Democratic Response to Trump's address.

"It's another flim-flam plan from the greatest con-man who ever lived," explains Devlin about at least one of the items mentioned above. "That's going to be one of those things that in a few months Trump is going to deny he said. It ain't gonna happen. The opposite is going to happen," says Johnson about another one of those items. Take your pick. But tune in for our special coverage on a very lively show amid very dark times!...

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Did Donald Trump or the Trump Campaign or the Trump Organization violate federal law in a hush money payoff to a porn star? On today's BradCast, we speak with the lawyer from a good-government group that has now filed complaints with the Federal Elections Commission and Dept. of Justice to that end, which he describes as "a very obvious and very clear violation of federal campaign finance law." [Audio link to full show is posted below.]

But first up today, the latest news on the latest school shooting, this time in rural Kentucky, where 12 students were shot, two of them killed, after a 15-year old student unleashed a barrage of gunfire at Marshall County High School just before classes were set to begin on Tuesday morning. It was the first fatal school shooting of 2018, though reportedly the 9th since the first of the year, and 283rd since 2013. In related news, a 19-year old apparent Trump supporter was arrested after repeatedly threatening CNN's Atlanta headquarters earlier this month on the heels of the President's continued targeting of the news network as "fake news".

Then, we discuss some of the newly reported details outlining how it is that Senate Democrats caved on Monday in their government shutdown standoff with Trump and Republicans in regard to protecting some 800,000 "Dreamers" from deportation, including evidence to strongly suggest we are quickly heading towards another shutdown and/or cave in just over two weeks time when the stop-gap spending measure passed on Monday night runs out.

Next, we're joined by PAUL S. RYAN, Vice President of Policy & Litigation at Common Cause, to discuss the two complaints filed on Monday with the FEC [PDF] and with the DoJ [PDF] regarding the payoff made via a shell company set up by Trump's attorney Michael Cohen, allegedly to buy the silence of adult film actress Stephanie Clifford (aka Stormy Daniels) just before the 2016 Presidential election. Trump is alleged to have had an affair, according to the Wall Street Journal, with Clifford/Daniels in 2006, shortly after his wife Melania had given birth to their son.

Ryan and Common Causes' complaints contend that the $130,000 payout appears to have been an unlawful, unreported in-kind donation to the Trump campaign, funded either by the Trump Organization, another person or corporation or Trump himself which, in any of those cases, would be a violation of the Federal Elections Campaign Act (FECA). The longtime campaign finance attorney explains the law in question and handicaps the odds of whether the FEC or DoJ will take action in response.

"At a minimum here," Ryan tells me, detailing who may be culpable, "we seem to be looking at a campaign finance disclosure violation --- because the Trump Campaign Committee didn't report any of this --- and, unless the money came from Trump's own pocket, then we're also talking about a contribution violation, as well."

While the question of who put up the $130k is still unknown, he argues that there is no legitimate way to argue that the payout --- given its timing, shortly after the Access Hollywood "grab 'em by the pussy" tape came out, and the multiple allegations of sexual misconduct from nearly 20 women --- was not meant to influence the election by keeping Daniels from talking to the press. "The timing, with the imminent threat by Stormy Daniels that she was going public with her story, to me, makes this clearly stand as a payment that was all about the election and keeping her quiet up to and until the election."

In related matters, Ryan also offers a few quick takes in response to some questions I had on several other recent news events from the past 24 hours or so, including whether the Trump Administration violated the law with their partisan outgoing voice message on the White House comment line during the shutdown over the weekend; whether any laws were violated by a Monday night dinner meeting on what are said to have been "important issues facing our country", between several Republican Senators, members of Trump's cabinet and U.S. Supreme Court Justice Neil Gorsuch; and whether Republicans in Pennsylvania have a leg to stand on in their promise to make a federal case out of a Monday ruling by the state Supreme Court ordering the GOP-controlled state legislature to immediately redraw the state's U.S. House district maps, in time for the 2018 primaries, after the maps were found to have been illegally gerrymandered under Pennsylvania's Constitution to discriminate against non-Republican voters.

Finally, Desi Doyen joins us for the latest Green News Report on Monday's natural gas rig explosion in Oklahoma, new tariffs on solar panels instituted by Trump, and environmental fallout from the Congressional battle over a government spending bill. [Photo above via MySpace/Stormy Daniels.]

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On today's BradCast: Trying to make sense of the Senate Democrats' decision on Monday to vote in favor of re-opening the federal government, following Friday's vote that resulted in a short shutdown over the weekend. Callers ring in on that today, the Women's March over the weekend, and a number of other late breaking news items. [Audio link to show follows below.]

Democrats in the U.S. Senate appear to have folded in their demand that Republicans protect 800,000 "Dreamers" in a short-term spending bill. In the bargain, they voted to re-open the federal Government on Monday, after a nearly identical bill was blocked from passage on Friday, resulting in a two-day shutdown of the federal government. The difference between Monday's vote and Friday's? A three week Continuing Resolution to fund the government, instead of a four week extension, and a promise (of sorts) from Senate Majority Leader Mitch McConnell to allow a vote on a measure to protect those 800,000 children of immigrants brought here years ago through no fault of their own, but who are now facing deportation beginning on March 5, following Donald Trump ending the Obama-era Deferred Action for Childhood Arrivals (DACA) program.

On today's show we discuss the politics around all of this, whether Democrats were right to give in for now, despite polls suggesting the public by and large blamed Republicans for the standoff, the angry progressives and immigration advocates who are furious about it, and whether there's a chance in hell that Republicans will allow a real fix to DACA without being forced to do so through a full and extended government shutdown.

We take calls from listeners today on all of that, on the huge and absurdly under-covered Women's Marches held over the weekend in hundreds of cities, where anywhere from 1.3 to 2.1 million turned out --- not that you would know it from the lack of media coverage.

Also on today's show: A natural gas rig explodes in Oklahoma and Pennsylvania's Supreme Court orders the Republican-controlled state legislature to redraw gerrymandered U.S. House maps in time for the 2018 primaries which begin in weeks in the Keystone State. The PA ruling follows similar ones by courts in Wisconsin, Texas, North Carolina, Florida and elsewhere, finding Republicans unconstitutionally discriminated against non-Republican voters in U.S. House and state legislative maps drawn after the 2010 census. Most of the rulings in those states, to date, have been delayed by the Republican's stolen U.S. Supreme Court, likely allowing the worst of the gerrymandering to continue into the crucial 2018 mid-term elections...

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On today's BradCast, we're still fighting for the right to vote and to have that vote counted, 60 years after MLK's "Give Us the Ballot" speech, 50 years after the passage of the hard-won Voting Rights Act, 4 years after the U.S. Supreme Court gutted it, and one day after what my guest today describes as a "really wicked decision" by the Court on Thursday to set aside a landmark ruling on gerrymandering that was meant to finally correct a grave injustice to voters in 2018. [Audio link to full show follows below.]

With Republicans in the U.S. House, on Thursday, having passed a short-term stopgap spending bill to keep the U.S. Government from shutting down beginning on Friday night at midnight, Republicans in the U.S. Senate are still racing to figure out how to overcome a filibuster of the same bill. The measure includes support for kids that rely on the currently-expired Children's Healthcare Insurance Program (CHIP), but leaves some 800,000 kids of immigrants who came here with their parents still facing deportation as early as March, after Trump ended Obama's Deferred Action for Childhood Arrivals (DACA) program. So, once again, rather than simply including a fix to DACA, Republicans are using children as human shields to try and force Democrats to vote with them for a short-term bill to avoid a shutdown of the federal government. It would be the first such shutdown in U.S. history while the House, Senate and White House are all controlled by the same party.

Sick of this sort of BS? If so, you can theoretically do something about it this year at the ballot box. But the GOP's stolen U.S. Supreme Court isn't making it easy. On Thursday, SCOTUS stayed a landmark ruling by a lower federal court panel that had ordered North Carolina to immediately redraw the state's U.S. House district maps, since the Republican majority legislature admitted that they, unconstitutionally, drew them to ensure a Republican advantage. Though it's largely a 50/50 state, NC Republicans hold 10 seats in the U.S. House to the Democrats' 3.

That's just one of the ways that Republicans hope to keep cheating voters this year in order to hang on to power as the mid-terms approach. Another way was through Trump's discredited and now disbanded "Presidential Advisory Commission on Election Integrity", run by the GOP "voter fraud" fraudster and Kansas Sec. of State Kris Kobach. He had hoped to use the Commission to make it harder (for certain people) to vote, but he faced yet another embarrassment in court this week. When Kobach's Commission was originally shut down a week or two ago, there was a cry from voting rights advocates for a national committee to study and call out the real scourge of American democracy: voter suppression.

That call may have been answered this week with the formation of the non-partisan National Commission for Voter Justice, co-chaired by my guest today, BARBARA ARNWINE, former longtime Executive Director of the Lawyer's Committee for Civil Rights Under Law and now President and Founder of the Transformative Justice Coalition. Arnwine explains the new Commission's mission, responds to the "wicked" SCOTUS ruling on NC maps and other recent voting rights issues, and details many of the threats to democracy that must be overcome in 2018, more than sixty years after, as she and John Nichols note at The Nation this week, Martin Luther King, Jr. delivered his landmark "Give Us the Ballot" address on the steps of the Lincoln Memorial in 1957.

"We gotta remember, we are looking at the Roberts Court. This is a man who made his life ambition the evisceration and the weakening of the Voting Rights Act. In fact, if he had had his way, there wouldn't be a Voting Rights Act, as he wrote many, many years ago," Arnwine says in response to the SCOTUS stay on the NC redistricting ruling and a similar one in Texas. "They are fine with these kinds of schemes --- gerrymandering and other devices and tactics that deny people the right to vote --- because they believe in their hearts that the result is fair, it's a result that they want, and it's a result that puts people into power that they favor. And that's wrong."

"We believe that democracy should be for every single voter. That's why we created the National Commission for Voter Justice, because every voter should have the right to be able to vote and to have their vote counted," the animated Arnwine explains. "Democracy should always be about a competition of ideas, a competition of the best candidates, and then the people make their choices. Politicians should never pick who their constituents are. The constituents should pick the politicians. We are in a reverse democracy right now."

It has, sadly, been that way for a while. I recalled today, while prepping for the show, that Arnwine and I were on a National Public Radio show back in 2008, facing off against the notorious GOP "voter fraud" fraudster Hans von Spakovsky, who, I suspect, was very used to getting away with his lies before that show. I also recall Arnwine's testimony to the Baker/Carter Commission on Voting Rights which was a panel created by Republican Party vote suppressors in 2005 to push for Photo ID voting restrictions. In comparison to the Trump/Kobach Commission, however, that panel was blue ribbon! The fight for democracy is never ending, it seems.

"Democracy is never permanent. It requires vigilance. It requires engagement. It requires organizations to monitor, to advocate for it," Arnwine tells me. "But it shouldn't be as bad as it is in the United States. That's the problem. The problem is that even with the fact that you've got to constantly seek it, it shouldn't be this bad. We should not have millions upon millions of voters finding themselves blocked from the polling booth. We shouldn't have three-hour lines. We shouldn't have machinery that everybody knows is worthless."

"But that's why the National Commission for Voter Justice is going to be coming to every area where we can," she says. "We're going to have over 20 hearings around the country, so that we can hear directly from voters what they are encountering, what their experiences are and, more importantly, what some of the solutions are, helping people to advocate for those changes."

Don't miss the full conversation today! It should get you pretty fired up for 2018, if you need any help.

And, finally, speaking of what Republicans are willing to do to get and hang on to power, a disturbing comparison of the dates set for U.S. House Special Elections to fill the seats of two different Congress members who both resigned during the same week last year (there will be a special election to fill the GOP seat in May, but the Dem seat will remain vacant until November), and the four --- count 'em, four --- convicted Republican criminals who have declared their intention to run for seats in the U.S. House and Senate in 2018...

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On today's BradCast, Republicans have returned to form, via government by hostage taking. Vote our way or the kids get it it! [Audio link to show follows below.]

The chaos in Congress, as Republicans race to come up with a plan to avoid a Government shutdown this weekend, echoes what happened just last week as they they tried to pass a reauthorization and extension of the FISA Amendment Act in the U.S. House. Though GOP leadership and the White House had long lobbied for the reauthorization, Donald Trump unleashed chaos when he tweeted against his own bill. That legislation, which allows for warrantless surveillance of emails and phone calls by all Americans, ultimately passed after Paul Ryan called the President to explain it, and enough Democrats came on board to help them in the House. (It passed today, again with the help of Democrats in the Senate, and now heads to Trump's desk to be signed.)

On Thursday, as Congressional Republicans attempted to pass a short-term spending bill to keep the government open --- after a long-term deal was plunged into chaos when Trump refused a deal that included immigrants from "shithole countries" --- Trump did it again. He tweeted against a GOP stopgap plan which includes reauthorization of the Children's Health Insurance Program (CHIP). The reauthorization, which both helps sick kids and saves the government billions of dollars, was included by Republicans in hopes of enticing Democrats to help them avoid a full government shutdown as of midnight Friday. Most Dems don't seem to be buying it --- despite Ryan, once again, calling the White House to get Trump back on board --- as they appear unwilling to help Republicans out of this jam without the inclusion of a fix to the Deferred Action on Childhood Arrivals (DACA) program.

Republicans refuse to include a fix to DACA, the Obama-era protection against deportation of some 800,000 children of immigrants, which Trump reversed, in their short-term measure. Dems say they won't support such a bill unless DACA is included. In other words, the children helped by both CHIP and DACA are now being held as hostages by the Republican Party. The measure squeaked by tonight in the U.S. House, but passage in the Senate, where 60 votes are needed to overcome a filibuster, is far from certain.

Then, after Donald Trump's fake "Fake News" awards face plant on Wednesday night, we have a few real "Fake News" awards to offer, based on actual facts, as we reach the end of Trump's agonizingly long first year in office this weekend.

Finally, Desi Doyen joins us for the latest Green News Report, with bad news out of China, good news out of the Detroit Auto Show (and even from McDonald's), and some late breaking news from NOAA and NASA on the record heat of 2017, as man-made global warming continues apace in the new year...

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On today's BradCast: Donald Trump and his Great American Shitshow continues today, though he has now received a very helpful hand from Congressional Democrats, for reasons that may beggar the imagination. [Audio link to show is posted below.]

First up today, a quick word on the allegations regarding $130k in hush money said, by the Wall Street Journal, to have been paid by Donald Trump to a porn star just before the 2016 election, reportedly to hide a sexual liaison during his marriage with the now-First Lady, and on the sordid sex and blackmail scandal now roiling Missouri's new "family values" Republican governor, Eric Greitens. In normal times, of course, both stories would be huge news everywhere and we'd be discussing impeachment and/or resignation of both men. These days, however, each scandal is barely breaking the national news radar.

Then, more encouraging election news for Democrats this week in Tuesday's special elections around the country, with Dems flipping another long-held Republican seat in a deeply "red' area, this time in the Wisconsin State Senate. The results seem to be freaking out the state's controversial GOP Governor Scott Walker in advance of his own re-election contest later this year and signals a possible Dem takeover of the state Senate in advance of 2020 redistricting!

Next, Congress is on the verge of reauthorizing a warrantless mass surveillance program that civil libertarians on the right and left have long opposed and characterize as a blatant violation of the U.S. Constitution's 4th Amendment privacy protections against unwarranted search and seizure. Last week, after Trump made it clear he had no idea what Section 702 of the FISA Amendments Act actually was --- despite his administrations' long time lobbying of Congress to reauthorize and, indeed, expand it, it for another 6 years --- Republicans in the U.S. House passed it with the help of several Democrats (including House Minority Leader Nancy Pelosi).

This week in the U.S. Senate, a bi-partisan group lead by Senators Rand Paul (R-KY) and Ron Wyden (D-OR) fell one vote shy of blocking the measure through a filibuster. So it now appears the legislation will clear both houses and sent to Trump for his signature.

We're joined today by ELIZABETH GOITEIN, former Dept. of Justice attorney, now co-director of the Liberty and National Security Program at NYU's Brennan Center for Justice, to explain Section 702, the efforts to lobby against its reauthorization, and why it is that many Congressional Democrats are willing to join Republicans in granting the Trump Administration's NSA, DHS, FBI, DOJ, CIA, etc., extraordinary new powers to secretly spy on every American citizen's phone calls and emails without warrant, due diligence or even probable cause.

While the legislation was "driven primarily by Republican leadership," she says, there were "enough Tea Party style Republicans who have really rallied in support of greater privacy protections" that some marginal reforms were added. Though, she explains, they aren't really reforms at all, and the entire dangerous package could not have moved forward had Dems stuck together in opposition.

"It's a failure of Democratic leadership," Goitein tells me. "At the last minute, [Senate Minority Leader] Chuck Schumer said he would vote no on cloture [to end the filibuster] --- but he hedged that and said, 'Amendments should be in order and we should have the chance to look at amendments, but the bill itself is not that bad, it makes improvements to the law'. Which is not true. It actually takes the law backwards. Minority Leader Pelosi in the House did even more damage...coming out in support of the bill and opposing the amendment that would have made these improvement. And then a whole bunch of Democrats went along with her."

Goitein argues "there was a full court press by intelligence officials" to pass this measure. So, even Trump's cluelessness about it was unable to prevent it from moving forward, even as it allows for the emails of two American citizens speaking to each other --- with no foreign target in the mix --- to be indexed, searched and read by the FBI without an order from any court. She explains the horrible details in depth on today's show, and why it has been so difficult to challenge this provision in a court of law.

Finally, nearly every member of the bipartisan National Park Service Advisory Board has resigned en masse this week, citing the Interior Department and its Secretary Ryan Zinke's failure to hold any meetings with the board, as required by law, during the entire first year of Trump's Presidency. The Administration's response to the mass resignation today is almost as disturbing, if not more so, than the resignation itself.

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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: Enough with the so-called "forgotten Trump voters"! What of the forgotten Democrats and progressives who far outnumber them? Where are all of those profiles in the MSM? We pick up that ball a bit today. [Audio link to show follows below.]

But first, just some of the news breaking today: North and South Korea are now talking again, and have struck an agreement that will result in North Korea participating in the winter Olympic Games that begin next month in South Korea. They also appear to be planning for talks in the near future on the militarization of the North/South border and other related matters, even as the Trump Administration continues to send very mixed signals about negotiations that might include the U.S.

Meanwhile, back here at home, the far right-wing "news" site Breitbart has fired its far right-wing Executive Chairman Steve Bannon following comments he made about Trump's son Don Jr. in Michael Wolff's Fire and Fury book. Bannon was previously fired by the White House as Trump's top political strategist. And, speaking of the GOP's continuing internecine Trump Era War, the disgraced, far right-wing 85-year old Joe Arpaio, controversial former Maricopa County, AZ Sheriff found guilty of contempt of court last year before being pardoned by Trump shortly thereafter, says he will run for the GOP nomination for U.S. Senate this year, in a bid to replace outgoing Republican Sen. Jeff Flake.

Then, amidst seemingly endless sympathetic corporate media profiles of supposedly "forgotten" Trump voters in rural America, what of the majority of American voters who didn't vote for Trump, even in so-called "Trump Country"? We're joined today by sustainable family farmer JOHN GILBERT [pictured above] of Gibralter Farms, who, with his wife and extended family, has been farming and ranching on land maintained by his family since the 1890s.

Gilbert was briefly mentioned in a Washingont Post profile at year's end of another nearby farmer in Hardin County, Iowa --- part of the paper's long series of stories so-called on "THE FORGOTTEN: The issues at the heart of Trump's America" --- who remains an ardent and seemingly confused Trump supporter, angry with the way she believes the Obama Administration and its Environmental Protection Agency were enforcing too many rules that made her work difficult or costly. While Trump has begun to reverse many of those Obama Era regulations, such as the controversial Waters of the United States (WOTUS) rule, Gilbert believes we need more, not fewer regulations to remain good stewards of the land, so that "humanity stays alive".

He says the "big lie" about WOTUS was that, in fact, "most farming activity was exempted. I think it's also clear that that was an issue that was ginned up almost entirely by the Farm Bureau as a way to scare farmers, and I think farmers were duped into opposing that."

The 68-year old Gilbert explains how many of his fellow farmers, in Iowa and elsewhere, have been misled by the American Farm Bureau --- a lobbying group which he says largely represent the interests of "Big Ag" --- about both that and the so-called "death tax", while the Republican party and its media outlets have been helping to spread the group's disinformation for many years. "Politicians and Republicans have called it the 'death tax' for a long time," he tells me, "and always say 'Oh, it's hard on farmers.' Well, there's almost never been a farmer who has ever been affected enough by it that they had to do like they claim and sell the farm. These are all just manufactured fear tactics."

He also comments on Trump's at times bewildering appearance on Monday at the Bureau's national convention in Nashville, and discusses the principals of sustainable agriculture, for which he and his wife recently won the 2017 Sustainable Agriculture Achievement Award from the Practical Farmers of Iowa.

"The whole issue of sustainability stems from a basic acceptance of the fact that there is not enough in this world for everybody to have all they want, whether it's enough water, enough food, enough energy, enough power, enough room. There's not enough. That means that we have to share, I guess, for lack of a better word," he tells me. "The one thing that has kept humanity above the animals over all these years is the ability to control our greed...And if you don't control greed, then you use up too many resources today and don't have any left for the future."

"Agriculture, in itself, is strictly the process by which humanity stays a live," he tells me. "We in agriculture do a lot of things, but basically we're trying to keep humanity alive. The question that we don't know is how long 'forever' is. And if we're going to keep humanity alive essentially forever, we have to make sure that we have the resources available to our descendants thousands of years from now --- to continue to support humanity. When you put those two things together, you end up with a system of farming that is much more aligned with natural systems. You tend to use principles of nature rather than the test tube or the chemical companies, or the big expert input suppliers who tend to be more interested in making money off of what you do than you making money."

There is much more in our conversation today than I can adequately cover here, so I'd encourage you to tune in for my full discussion with Gilbert, from the heartland of the first-in-the-nation caucus state. He's great.

Finally, Desi Doyen joins us for our latest Green News Report', before several late breaking news items, including a late day landmark Appeals Court ruling striking down North Carolina's Congressional maps due to partisan gerrymandering, and the tragic news out of Southern California that at least 13 have died, so far, in mud slides amid remarkable overnight rainfall in areas recently burned by the recent record Thomas Fire in Ventura and Santa Barbara Counties north of Los Angeles, the largest fire in state history...

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On today's BradCast: While most of the corporate media are abuzz with the salacious news and political food fights between Donald Trump and Steve Bannon (and everyone else) stemming from the publication of Michael Wolff's new Fire & Fury book, the Administration continues to gut regulations, undermine the rule of law, and endanger the nation and planet in countless under-reported ways. [Audio link to full show is posted below.]

We continue today to try to focus on a number of important issues that aren't receiving the coverage they deserve, but that voters need to know about as we head toward the crucial 2018 mid-term elections. Among those issues is the strange matter of the wildly unpopular GOP tax bill which, oddly enough, most Republicans members of Congress don't seem overly concerned about. Why would that be?

One reason, as cited by GOP leadership in Congress, is that they believe Americans will come to love the new scheme once they begin to see more money in their paychecks this year. But how much more money will average middle-class Americans actually see, if any? That may be up to one man who now heads the IRS, with an "Acting" title, even as he works for the Trump Administration's Treasury Department at the same time in what seems a blatant conflict of interest.

Remember the phony "IRS Scandal" that Republicans and Fox "News" and Donald Trump all still pretend was an actual scandal involving Barrack Obama using the IRS for political purposes (which the IRS Inspector General has since completely debunked with far less fanfare)? Well, now the President of the United States actually does have a ringer at the IRS, his unconfirmed Acting IRS Chief David Kautter [pictured above]. Could he be the "Ace in the Hole" for Republicans on their tax bill?

Investigative financial journalist DAVID DAYEN, who recently wrote about this for The Nation, joins us today to explain how Trump's ringer at the Internal Revenue Service may be able to game the nation's paycheck tax withholding scheme, beginning in February, in order to try and turn the tide in favor of the GOP tax scam in advance of the 2018 mid-terms.

"Instead of putting someone up for a vote in the Senate and going through the confirmation process, they just made this guy, Kautter, the IRS Commissioner, and there is nobody on the horizon who is set to replace him," Dayen explains. "So, this guy is doing two separate jobs, essentially. He is the Assistant Secretary for Tax Policy --- which is a position where he was working with members of Congress to put the tax bill forward --- and he's supposed to be the non-partisan official who is implementing that same policy."

Since most of the changes to the tax law won't be seen by average Americans until 2019, when they file their 2018 taxes, paycheck withholding is "the only way that people are really going to experience this tax bill between now and the midterm elections," says Dayen. "And they'll see that difference in their paychecks, allegedly, by the beginning of February."

But the way the federal government determines the formulas for withholding is "more art than science," Dayen tells me. The question is now whether Kautter, who previously worked at financial giant Ernst & Young assisting huge corporations avoid taxes, will "move resources toward making sure that the assumptions that are made in withholding work to the benefit of ordinary people, so that they get more money now that they might have to give back in April of 2019? But [that] will create the feeling that there is this boost from the tax cut that is illusory, and that might help Republicans in the midterms?"

Republicans, he argues, seem to be "really relying on this. They're saying, 'Just you wait and see, America. Wait until February and all of your questions about the tax bill will be answered by your huge gain in your paycheck.' There's tons of pressure, from both the White House and from Congress, to get this done."

Also discussed on today's show: Speaking of the new Gilded Age for corporations and the wealthy, Dayen's latest cover story for American Prospect on "Big Tech's New Predatory Capitalism"; HUD's just-announced postponement of a major new Obama-era rule meant to decrease racial segregation in public housing; EPA Administrator Scott Pruitt takes credit for the Obama EPA's work on Superfund site cleanup...

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On today's BradCast, one last battle over democracy before 2017 comes to a close, and an early look forward to the battles --- and, perhaps, "democracy's revenge" --- that lie ahead in 2018. [Audio link to show follows below.]

In his last minute bid to prevent final certification of the first Democrat to be elected to the U.S. Senate in more than two decades, Alabama's Republican candidate Roy Moore filed an 80-page lawsuit [PDF] late Wednesday night alleging massive "voter fraud" and other somewhat confusing irregularities are to blame for his December 12 Special Election loss to the Democratic candidate Doug Jones.

A state court judge quickly dismissed Moore's complaint on Thursday morning and Jones was certified shortly thereafter as having defeated him by nearly 22,000 votes out of some 1.3 million cast. Jones will fill the seat vacated by Alabama's former Republican Senator turned Donald Trump's U.S. Attorney General Jeff Sessions shortly after the new year.

We're joined today by long-time BRAD BLOG legal analyst ERNEST A. CANNING who largely dismisses the allegations detailed in Moore's suit. Though, as we discuss, the GOP may have themselves to blame for making it difficult, if not impossible, for federal candidates in Alabama (and elsewhere) to ensure the accuracy of computer-reported vote tallies, even when they are based, as in AL, on hand-marked paper ballots scanned by computer systems but never verified for accuracy by human beings.

Moore's complaint, Canning adds, is also deficient when it comes to presenting any actual hard evidence of fraud by voters. The controversial Republican cites statistical analyses focusing on high turnout in a number of African-American districts said to contrast with Exit Poll data, and the affidavit of one poll worker who claims she saw more out-of-state IDs than usual used by voters even though that's perfectly lawful under the state's strict Photo ID voting restriction. Beyond that, no hard evidence is offered by the complaint to prove that any illegal votes were cast in the election, much less thousands of them.

Then, we discuss two of Canning's recent articles at The BRAD BLOG, both looking forward towards what he describes as the possibility of "democracy's revenge" in 2018. In one, he details why every single Republican U.S. House member from California could be in jeopardy of losing their seat in the "deep blue" state next year. In the other, he lays out what he describes as "Revolutionary Strategies to End GOP Rule in 2018" across the nation.

The CA attorney and 2016 Senior Adviser to Veterans for Bernie also discusses the need for "political maturity" among both progressive and establishment Democrats alike, in order to effectively take on the GOP following the 2016 election of Trump and his compliant Republicans in Congress who, he argues, have since revealed their true nature of legislating only for the benefit of the rich at the expense of the poor and middle class.

Desi Doyen then joins us for our final Green News Report of 2017, rounding up both the good and horrific news over the past year, including, despite Trump's best efforts, a number of very hopeful signs for the environment as we head into 2018. And, finally, we close with one last punch in the face at the intolerable and seemingly endless 2017, from comedian Lewis Black.

Angie Coiro guest-hosts for us on tomorrow's BradCast, and Desi and I will see you again after the New Year holiday! Until then, my thanks to those of you who have answered our call by stopping by BradBlog.com/Donate in support of our efforts to try and continue our work --- over your public airwaves --- as long as possible into the new year!

Peace!

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"We must become the change we wish to see in the world" - Mohandas Gandhi

In a recent article, I explored the question as to whether California Congressional Republicans should now be looked upon as an endangered species.

The article touched upon the declining numbers of registered California Republican voters, the fact that no Republican official has won a race for statewide office since 2006, and the fact that the Trump/GOP oligarchic agenda is so immensely unpopular, especially in "deep blue" California, that no incumbent Congressional Republican seat in the state should be considered a lock as we head into 2018.

But, political transformation cannot be accomplished by simply sitting back and waiting for the GOP to self-destruct, as hard as they seem to be working toward that goal. Instead, the great masses of the American electorate, who's economic survival has been threatened by the greed of the privileged few, must coalesce into an active and overwhelming political force prepared to make 2018 the year of democracy's revenge...