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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On today's BradCast, the GOP has made an industry out of protecting their power and their Presidents, from Richard Nixon right up through Donald Trump. And neither the Democrats nor the corporate media seem to have figured out how to counter the Right's radical transformation of the American political landscape over the past 40+ years. [Audio link to full show is posted below.]

But first today, a bit of voting and election news: A federal judge on Friday, just before the Christmas holiday, found in favor of Maine's Democratic Sec. of State Matt Dunlap after he was forced to sue Donald Trump's so-called "Election Integrity" Commission headed up by Vice President Mike Pence and Kansas' Republican Sec. of State --- and infamous GOP "voter fraud" fraudster --- Kris Kobach. Dunlap had sued because, even though he is on the Commission itself, Kobach and the other rightwing fraudsters on it had been withholding documents and keeping Dunlap completely out of the decision making process. While that was a loss for the Government, a separate lawsuit against the Commission, filed by the Electronic Privacy Information Center (EPIC), was rejected by a federal Appeals Court on Tuesday, on the basis that the group did not have standing to sue.

Also today, an update on the November 7th, 94th District Virginia House of Delegates race where Democrat Shelly Simonds appeared to have unseated Republican David Yancey by one single vote, until one of the Republican election official judges decided, the day after a "recount" was completed last week, that a previously discarded over-vote ballot [JPG] was actually a vote for the Republican after all. A three-judge court panel of GOP-appointed judges agreed, which meant the race was tied and the winner would be determined --- along with the balance of control of the Virginia House, which had been controlled by the GOP for decades --- by a random draw. That draw, scheduled for Wednesday, was postponed late on Tuesday by the state's Election Commission at Simonds request, while she challenges the three-judge panel's ruling in court.

Then, with the calls intensifying from the Fox "News" rightwing for Trump to fire Special Counsel Robert Mueller, are Democrats doing enough to counter the Constitutional Crisis that would likely ensue if he did so? For that matter, how have we arrived at a moment in American history when an investigation by a Republican Special Prosecutor into the firing of a Republican FBI Director by a Republican President can be considered a partisan Democratic witch hunt?!

JON SCHWARZ of The Intercept joins us to discuss the historical chain of events, connecting the dots of lawless GOP Presidential administrations from (at least) Richard Nixon up through Donald Trump, to illustrate exactly how we got here. In his recent historical essay, he details a fairly direct line of actions taken by the right during and after Nixon, right up through the present, that has largely prevented real accountability for lawless Republican Presidents, while both the Democrats and the corporate media have continued to pull their punches for various reasons.

"The history of Watergate has been completely rewritten in the past 45 years," Schwarz explains. "The reality is that it just barely succeeded. All of the investigations, all of the obvious, blatant wrongdoing by Nixon was just barely enough to get him out of office. Under other circumstances --- if the Republicans had controlled Congress, if they'd had Fox News then, if they'd had decades of appointing people to the courts --- it's very likely that Nixon would have stayed in office, and people would remember it as just a minor blip."

As is, he tells me, Nixon still escaped accountability for the worst of his crimes including collusion with a foreign power which resulted in the deaths of thousands of Americans, and an untold number of others in Indochina. "It's kind of shocking how this has been completely kept out of history."

Nonetheless, during his administration, a young Nixon staffer by the name of Roger Ailes came up with "A Plan for Putting the GOP on TV News," which would eventually become Fox "News", while a separate if related scheme by a future Supreme Court Justice that became known as the "Powell Memo", helped to restructure the federal judiciary and paved the way for the corporate takeover of our electoral and political system. "It describes exactly what has happened for the last forty, forty-five years," Schwarz notes. "They laid out a plan and they executed it, and it worked."

And now, we live in a world where only Republicans allowed to be appointed to investigate Presidents, whether they are Republicans or Democrats, and only Republicans have ever been appointed as FBI Directors, even by Democratic Presidents. And, despite that, we now hear the ever-increasing drumbeat charging that Mueller's investigation is a "partisan Democratic witch hunt", leaving Dems fighting among themselves as to whether they should push for impeachment, and the media pulling punches when reporting on GOP Administrations.

"If Hillary Clinton were President and had done the things that Donald Trump has done," Schwarz argues, "everyone knows she would have already been impeached 97 times."

Finally, we close today with some related listener e-mail, a few more thoughts on the Powell Memo, and a few words of thanks to those of you who have stopped by BradBlog.com/Donate to help us try and continue BradCasting into the new year...

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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...

On today's BradCast: We're back at work between the holidays, even as the President only pretends to be. But maybe that's a good thing. For everyone. [Audio link to today's show is posted below.]

(Also, my thanks once again to Angie Coiro of In Deep Radio for filling in for us on Friday! Her must-listen exclusive interview with former Vice President Al Gore is right here!)

Over the weekend before Christmas there were several noteworthy federal court rulings against the Trump Administration. Among them, one blocked a plan by Trump's Housing and Urban Development (HUD) agency to overturn an Obama Administration rule meant to help low-income Americans obtain affordable housing as of January 1, 2018. The judge ruled Trump's HUD overturned Obama's new rule arbitrarily, with no supportable reason for doing so, which is unlawful. Another federal court over the holiday weekend partially lifted parts of Trump's third attempt at banning travelers and refugees from several Muslim-majority countries. The Administration claimed they were doing so for national security purposes. The judge determined that national security was actually threatened by the ban itself.

Then, in related-ish matters, we're joined by the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo to discuss many aspects of the Trump Administration and the GOP's long "War on Truth".

As the President pretended, on Tuesday, to be "back to work" --- before playing another round of golf on his 85th day of staying at one of his own branded properties during his Presidency --- we discuss a number of the ongoing hoaxes played by him and fellow Republicans on the American people, beginning with the absurd, Fox "News"-created "War on Christmas".

"I can't even believe I have to say this," Parton tells me with no small amount of exasperation, but "how far have we come that we are actually at a point that we have to prove that there was no 'War on Christmas'?" Good question, since it seems a non-trivial number of Trump supporters actually believe there was/is such a war. That said, as she further observes, it's become very difficult to know who really believes what anymore and who is playing whom at the end of a remarkably "disorienting" (to say the least) first year of Trump's Presidency.

"If you go over to Fox News, or you look at any of the rightwing media, or talk radio, of course, it's no longer that we're just arguing over stuff," she says, "they're in a completely different dimension than we are. The arguments they are having are not arguments that are taking place in our world. They're not arguing with real people. We're not existing on the same level of reality."

While the "War on Christmas" is a pretend reality, the "War for Truth," on the other hand, is "definitely raging," she argues. Among the many truths and frauds we seek to highlight during our conversation today: we discuss the GOP tax bill and whether voters will be moved by it to vote Republican in 2018 as the GOP seems to think; whether media (and Democrats) will stop falling for the mostly phony "economic concerns" of many Trump voters ("It was not based on economics, it was based on resentment," she argues); whether Democrats should or will take the bait being offered by Republican Senate Majority Leader Mitch McConnell to work across the aisle next year as both he and Trump now claim to want after a year of shutting Dems out of the Congressional process entirely; whether Truth Warrior Al Franken should have resigned from the U.S. Senate amid sexual misconduct claims; and what "Digby" finds herself most surprised by as Trump wraps up his intolerably long first year in office...

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On today's BradCast, I’m happy to sit in for Brad again with a holiday offering and a former Vice President of the United States. [Audio link posted below.]

As the latest blob of crap --- the new tax law --- floats out of Congress and the White House, how about a change of pace: a little hope? Not fairy-tale and pixie-dust hope, but realistic ideas for tackling former VICE PRESIDENT AL GORE tells me is the biggest challenge ever to face the human race: global warming, aka climate change.

The former Veep is also founder and chair of The Climate Reality Project. Eleven years after the original Inconvenient Truth film and book comes his latest, An Inconvenient Sequel: Truth to Power. I spent an hour on stage with Gore for my own show, In Deep with Angie Coiro, talking about both the book and its companion documentary.

It seems the right note to strike here on The BradCast as well, when everything is pretty damned bleak. Gore is a walking lesson in how to realistically assess our situation, then push forward with what can be changed. As he says, change can take longer than you expect, then suddenly come faster (and better) than you hoped.

Special thanks to the Kepler's Literary Foundation in Menlo Park, California, who co-produced the original event, and to Brad for his enthusiasm in bringing you highlights of it on The BradCast...

Download MP3 or listen online below...

[Photo credit: Irene Searles/KLF]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast: Yet another mind-blowing adventure in attempted election oversight. This time regarding the complete destruction of all paper ballots in the middle of a Florida lawsuit, following an election between two Democrats, one of them a powerful member of Congress. [Audio link to show follows below.]

But first: Deadly and costly disasters, natural and otherwise, top the news headlines on today's program. Among them: the catastrophic Amtrak train derailment on a brand-new line near Seattle, the second straight week for still-raging apocalyptic wildfires in Southern California, and the continuing disaster in Puerto Rico where, three months after Hurricane Maria came ashore, one-third of the island is still without power and the Governor has finally conceded that the official death toll of 64 may be off...by as much as 1,000!

All tolled, hundreds of billions will be needed to rebuild from those deadly disasters, and yet Republicans in Congress are still hoping to pass a $1.5 trillion tax cut, largely for wealthy Americans, before Christmas. Their scheme took a troubling turn over the weekend, as a new provision was added to the legislation during reconciliation of the House- and Senate-passed versions late last week. The new provision, it was revealed by David Sirota at International Business Times, would give special tax breaks to owners of large real estate holding LLC's like President Donald Trump, House Speaker Paul Ryan and, most curiously, Sen. Bob Corker who, on Friday, mysteriously reversed his previous opposition to the bill after the new provision was tacked on, in what many are now calling the #CorkerKickBack.

Then, we're joined by journalist, documentarian and election integrity advocate LULU FRIESDAT to discuss the remarkable turn of events recently revealed in response to multiple public records requests she has made over the past year in hopes of reviewing hand-marked paper ballots from the Democratic primary election last year between Rep. Debbie Wasserman-Schultz and her Bernie Sanders-endorsed challenger Tim Canova.

Just weeks after being forced to step down as chair of the DNC amidst the release of stolen emails from party officials, Wasserman-Schultz soundly defeated Canova in the first primary she'd faced in her six terms as a member of Congress. But, unexplained vote count numbers --- such as hundreds of more voted ballots than voters signed in to the poll books in the 23rd Congressional District race in Broward County, FL --- led to Friesdat's attempt to examine the paper ballots by hand, in hopes of determining if they were tallied correctly by the county's computer tabulators during the August 2016 Democratic primary. Eventually Canova himself filed a lawsuit against the county's Supervisor of Elections Brenda Snipes, after Friesdat says she was continually denied access to the materials.

In November of this year, well over a year after Snipes certified the contest, both were finally invited to inspect the Broward County ballots only to learn upon arrival that all of them had actually been destroyed by the county in the middle of the lawsuit. Only digital images of what were purportedly the original ballots were available for examination, according to Snipes, in what appears to be, according to Politico's survey of election experts, a clear and stunning violation of federal election law requiring all such materials be retained for 22 months after an election.

Friesdat tells me that neither her nor Canova had any idea the ballots were destroyed before showing up to review them. "If you're looking at digital scans, and you don't have the original ballots to turn to, at that point you have no way of verifying that ballots haven't been switched out, that ballots haven't been added, that ballots haven't been taken away --- you don't have any verification that those are the original ballots."

Oddly enough, she explains, "in the very first public records request in November [of 2016], I requested all of the digital ballot scans for the election, and I was told that they didn't have them, that they didn't exist. And then it turned out that they did exist. So the county was duplicitous in regard to that information."

As to what's really going on here, Friesdat demures from speculation, but says, based only on what is already known on the public record, that "according to Politico, seven legal experts that they consulted all agreed that the ballots being destroyed was illegal."

It is of a piece, she observes, with the recent revelations in Racine County, WI, in November of this year, when multi-partisan election transparency advocates were finally allowed to review some of the computer-scanned paper ballots from the 2016 Presidential election. After months of similar public records request, they were allowed to view original paper ballots, only to find that, in the precincts they examined, anywhere from 2 to 6% of perfectly valid Presidential votes had been ignored by the computer tabulators entirely. That, in an election where Trump is said to have pulled off his shocking statewide victory by less than 1%.

"What's going on here is actually just a representative sample of the problems that we have with our elections, and which you have been reporting on for over a decade," Friesdat says. "We're heading into the 2018 primaries. We at least now have a growing understanding and awareness that, in many cases, our election results may or may not be accurate, and that the protocols we are using in order to get those results are not secure." She offers many other troubling observations on all of this during our conversation today.

Finally, four U.S. Senators --- two of whom had previously called for Sen. Al Franken to resign amidst allegations of inappropriate conduct --- are now, according to a new report today, said to be hoping that he might reconsider his previously-announced plans to resign "in the coming weeks", before the Senate Ethics Committee has even investigated the charges against him...

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On today's BradCast: It was an all too rare moment of good news, of late, for Democrats and, indeed, the nation on Tuesday, after what appears to have been a stunning upset by Democrat Doug Jones over Republican Roy Moore in Alabama's U.S. Senate Special Election. But Dems may not want to spend too much time celebrating. [Audio link to show is posted below.]

Following Jones' apparent stunning victory on Tuesday, his highly controversial opponent has so far refused to concede or reportedly even speak to Jones. At the same time, despite Republican Senate Majority Leader Mitch McConnell's demand in 2010, when Democrats controlled the U.S. Senate, to wait to hold a vote on the Affordable Care Act ('ObamaCare') until Republican Sen. Scott Brown could be seated after his special election in Massachusetts, the GOP appears to be barreling ahead with their plan to vote on their radical and wildly unpopular tax scheme in the coming days, before Jones can be seated. That, even after McConnell had held a seat on the U.S. Supreme Court open for almost a year, claiming that "the American people should have a voice" in who would be the next Supreme Court Justice during the 2016 Presidential election.

In the meantime, even after the voice of AL voters seems to have quite clearly said they want to be represented by a Democrat in the U.S. Senate, Moore suggested on Tuesday night that he may hold out for a "recount" of paper ballots processed by computer scanners across the state. AL's Sec. of State John Merrill told CNN Tuesday night that Moore has the right to do so, but election statutes in the state seem to say otherwise.

We're joined today by veteran recount expert, attorney, author and professor CHRIS SAUTTER of American University, to discuss all of this. Sautter, formerly an adviser to Barack Obama, Bernie Sanders and many other Democrats, worked on the recount efforts by Al Gore in Florida in 2000 and Al Franken in Minnesota in 2008, among many other such efforts going back decades.

"I've been doing recounts now since the 1984 [U.S.] House recount in Indiana that was ultimately decided by 4 votes --- still the closest House race in modern times," Sautter tells me. "One thing I've observed is that in the heart of the narrowly-defeated candidate lies the belief that he actually won or at least the hope that a recount will somehow salvage a victory. It's another way of describing denial in an election that is close, heartbreakingly close, for the loser."

Sautter was also part of the team supporting the multi-partisan lawsuit recently filed in Alabama in hopes of forcing the state to retain digital "ballot images" created by their paper ballot computer scanners. Those images, many election integrity advocates argue, can be useful for public oversight of results, particularly in states like Alabama which make it virtually impossible for citizens to oversee tabulation of paper ballots, and which simply rescan them through the same computers a second time in the rare event of a "recount".

As we have been reporting, the transparency advocates who filed that lawsuit appeared to have won it on Monday afternoon, but by Monday evening, in a ruling that Sautter describes as "extraordinary" the night before the Election, the Sec. of State was successful in convincing the state Supreme Court to allow counties to destroy those "ballot images" altogether.

Sautter offers insight, among other things, as to Moore's chances of success in a potential "recount" (and of being allowed to have one at all under state law); on the bizarre circumstances under which the AL Supremes reversed the lower court's "ballot images" ruling at the last minute without input from the plaintiffs; and how he and other election integrity advocates hope to take their fight for transparency nationwide in 2018.

Finally, while Jones' apparent victory on Tuesday may have been good news for Democrats, Alabama, the nation as a whole (and even the Republican Party), we explain why what happened on Tuesday actually serves as a startling reminder of just how rigged against Democrats the electoral system is as they prepare to head into next year's crucial mid-term elections...

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Among the stories covered on today's BradCast...with no small amount of gusto and an occasional comedic turn in an otherwise dark (and smokey) world...

• Devastating wildfires spread down the Southern California coast toward San Diego, in a record wildfire season that has lasted all the way into winter, as predicted by scientists at least a decade ago. Alas, few heeded their warnings;
• Clearly not heeding such warnings is Donald Trump who, according to a new AP analysis, is failing to appoint actual scientists to scores of Senate-confirmable, top scientific positions at multiple important federal agencies, from the EPA to the Energy Dept. to the White House itself;
• The former Chair of the CO Republican Party turned rightwing radio host, Steve Curtis, had claimed before last year's election that "virtually every case of voter fraud I can remember in my lifetime was committed by Democrats." Well, he was proven wrong in court this week as he, himself, is found guilty of....you guessed it. (His failed excuse for it is equally astonishing.)
• And, speaking of...on the eve of Tuesday's much-watched U.S. Senate special election in Alabama, multi-partisan Election Integrity advocates file suit to force the state to retain "ballot images" from the state's paper ballot digital-scanners. New York Daily News' Editorial Board joins them in that call...for very good reason. (My interview several days ago with the longtime election integrity champ, John Brakey, who helped organize the lawsuit and effort, is right here.)
• After a spate of mass shootings, Congress finally moves some gun legislation forward, as Republicans in the U.S. House do the bidding of their terrorist-enabling NRA masters in passing a bill to expand the right to carry concealed deadly weapons into states whose laws prohibit it;

And, finally today, we end with some listener e-mail on a few of the topics we've covered on recent shows from guns to the Democratic Party to Trump/Russia...

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On today's BradCast: Are Democrats falling for all of these rightwing traps? Or are they willingly walking right into them...because they want to? [Audio link to show follows below.]

After a few news headlines today --- Australia's parliament finally adopts marriage equality; the white Charleston, SC cop who killed unarmed black man Walter Scott receives a 20 year sentence; another school shooting, this time in NM --- we move on to Sen. Al Franken (D-MN)'s announcement today on the floor of the U.S. Senate that he plans to resign "in the coming weeks".

The stunning announcement by the popular and dogged comedian-turned-Senator comes after fellow Democrats this week called for him to step down in the wake of several allegations of sexual misconduct said to have occurred before he became a U.S. Senator. Franken, who has been a champion for women's rights during his time in the Senate, maintains he either doesn't recall the incidents at all or remembers them quite differently than reported. He has described the most recent charge leveled against him this week by an unnamed victim, said to have been a Congressional staffer in 2006, as "preposterous". Nonetheless, while expressing confidence he would have been cleared by the Senate Ethics Committee of any wrongdoing, he says he will now step aside before that probe was even able to begin in earnest.

We share excerpts of Franken's remarks on the floor today, which include, as he notes, "some irony in the fact that I am leaving while a man who has bragged on tape about his history of sexual assault sits in the Oval Office and a man who has repeatedly preyed on young girls campaigns for the Senate [in Alabama] with the full support of his [Republican] party."

So, did Democrats fall for another right-wing trap in pushing Franken out? It wouldn't be the first time. We discuss several such traps --- including one that MSNBC seems to have fallen for this week regarding progressive radio host Sam Seder, before wisely changing course two days later --- with longtime progressive writer and blogger GAIUS PUBLIUS, who wrote earlier this week about Democrats falling, yet again, into the Republicans' "deficit trap" regarding federal spending on military and social programs. We debate why and whether Democrats fall into these rightwing traps or if they willingly choose to walk into them, for some reason.

"Why is it that Democrats seem to be one foot in the Republican camp and afraid to be too much in opposition, and one foot in the Democratic camp and not so fully pro-democratic values as we'd like them to be?," Publius observes as we discuss Franken, the 'deficit trap' and more. "I would argue that it's not fear. We're not dealing with cowards here. We're dealing with people who are, in some sense, compromised by their own values. Their own values are putting them in this position where they can't please anybody."

There's lots to chew on in today's conversation on these topics!

Finally, Desi Doyen offers our latest Green News Report as wildfires continue to rage near us here in Los Angeles, and as several breaking news items, related to all of the above, break late during today's show...

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On today's BradCast: Another day, still more chaos in these United States, threatening to all but drown out two major civil and privacy rights cases heard this week by the U.S. Supreme Court and covered in detail on today's show. [Audio link to full show is posted below.]

But first, Desi Doyen joins us for an update on the out-of-control wildfires in and around Los Angeles today, threatening tens of thousands of structures and many more residents, who have been forced to flee several large blazes fueled by dry conditions and record winds. Also in danger: Animals, priceless works of art and one of Rupert Murdoch's mansions.

Next, calls from fellow Democrats for Sen. Al Franken to resign blew up on Wednesday in the U.S. Senate, after another unnamed woman reportedly stepped forward to claim the Minnesota Senator tried to kiss her after a radio program back in 2006. Franken denies the claim and calls it "preposterous", but may be forced to resign anyway on Thursday, less than one week before Republicans in Alabama may elect Roy Moore, an accused child molester, to the same U.S. Senate. Desi has a few choice thoughts on the Franken matter as well.

Then, we're joined by Slate legal reporter MARK JOSEPH STERN, to discuss two important cases heard at the U.S. Supreme Court this week. Stern, who was at the Court during oral arguments for both, explains what is at stake in each, and how the Republicans' blatantly stolen seat occupied by Justice Neil Gorsuch will radically effect each case.

The first, Carpenter v. United States has to do with the U.S. Government's argument that law enforcement has the right to obtain anyone and everyone's cell phone location data, even without obtaining a warrant from a court first, in what appears to be a clear violation of the U.S. Constitution's 4th Amendment privacy rights for freedom from unreasonable search and seizure.

"The case almost sounds too crazy to be true," Stern tells me, detailing the Government's argument that "because customers voluntarily turn over the data to a third party --- their cellphone companies," which keeps records of which cell phone towers are used and by whom, customers "have no right to privacy with regards to that information."

The second, Masterpiece Cakeshop v. Colorado Civil Rights Commission is an even more insane "free speech" and "religious expression" case. It was brought by a virulently anti-gay baker in Colorado who claims his bakery shop has the First Amendment right to discriminate and refuse to sell a cake to two men celebrating their same-sex wedding. The Colorado Civil Rights Commission and the state courts disagreed with the baker, Jack Phillips of Masterpiece Cakeshop, who appealed to the U.S. Supremes. Surprisingly they took up the case after Phillips was also joined by Trump's U.S. Department of Justice over the summer.

Stern details the liberal Justices' skeptical (and even hilarious) questioning of whether Phillips' argument that he is an "artist" exercising creative free speech --- not blatant discrimination --- could also be extended to florists and hair stylists and make-up artists, among many others.

"This is an embarrassment," says Stern. "What happened here is a clear-cut case of discrimination." He also highlights one key irony underscoring the entire case: "The Supreme Court's conservative justices have really been lecturing gay people for years that they should stop turning to the courts to vindicate their rights and, instead, go through the democratic process to secure their equality under law. And here we have a case of gay people doing exactly that. Gay people in Colorado fought long and hard to change the law to protect their right to equal service in public accommodations. They succeeded. And now, those same Supreme Court conservatives who said you have to do this through democracy, are now poised to say, 'Actually you don't get to this,' and nullify the rights that they secured through the democratic process."

Depending on how Justice Kennedy decides in a likely 5 to 4 opinion one way or another --- on a case that would have been a cake walk for civil rights advocates before Republicans stole the Court majority --- what could very well result is legalization of mass discrimination of people of all races, religions and sexual orientations by any and all manner of businesses in the U.S. for decades to come...

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