A decision by President Ronald Reagan to veto [PDF] an Act of Congress that would have codified the FCC's Fairness Doctrine into law, rather than just FCC regulation, coupled with the failure of both the FCC and Congress to expand the Doctrine to apply not only to over-the-air broadcasting, but also to ubiquitous cable television networks like Fox "News", gave birth to today's mendacious right-wing media echo chamber.

The rationale offered by Reagan in his veto at the time, and by the Commissioners he appointed to the FCC when it repealed [PDF] the Fairness Doctrine in 1987, was that the Doctrine had a "chilling effect" on broadcasters' willingness to cover controversial topics. The U.S. Supreme Court, however, in Red Lion Broadcasting v. FCC (1969), brushed aside that same argument as speculative.

"It is the purpose of the First Amendment to preserve an uninhibited market-place of ideas in which truth will ultimately prevail," JFK-appointee Justice Byron White wrote on behalf of the unanimous Supreme Court in the Red Lion opinion. "Speech concerning public affairs," he added, "is more than self-expression; it is the essence of self-government."

That observation aligns with the words of James Madison, who introduced the First Amendment at the Constitutional Convention in 1787. "Knowledge will forever govern ignorance," Madison proffered; "and a People who mean to be their own Governors must arm themselves with the power that knowledge gives."

Because the "goal" of the First Amendment is to produce "an informed public capable of conducting its own affairs," the Court, in Red Lion, ruled that it's the First Amendment "right of the viewers and listeners, not the right of the broadcasters, that is paramount."

The Supreme Court has never recognized a First Amendment right of a broadcaster to lie to the public, let alone a broadcaster's right to erect a pervasive, yet entirely fictional alternative reality, like the one created when Fox "News" embraced and amplified the same "Big Lie" that led to the January 6 insurrection.

If the Doctrine had been retained and expanded to cable TV outlets, it might well have prevented the January 6 insurrection. An expanded Fairness Doctrine would also have the potential to fend off today's ominous threat to the very survival of democracy in these United States...

We are finally beginning to see the start of some real accountability for so many of the countless rightwing hoaxsters, fraudsters and scam artists who enjoyed their hey days during the Trump Era. Specifically on today's BradCast, we're beginning to see accountability for rightwing hoaxsters Steve Bannon, Alex Jones and the fraudsters calling themselves True the Vote. [Audio link to full show is posted below this summary.]

WE KICK THINGS OFF today with Donald Trump's former aide Steve Bannon, a guy willing to allegedly hoax millions of Trump's own supporters to raise money to build a border wall, while secretly keeping millions for himself and his fellow hoaxsters. He will face trial for those charges in New York. But this week he's facing sentencing after being found guilty on two counts of contempt of Congress for failing to respond to subpoenas for documents and testimony from the bipartisan House Select Committee investigating the January 6 insurrection and Trump's failed attempts to steal the 2020 Presidential election. The DoJ is recommending 6 months of prison time and a $200,000 fine. The sentencing hearing will be before a Trump-appointed federal judge this Friday.

NEXT UP, we're joined by award-winning broadcast journalist turned media activist SUE WILSON of Media Action Center to discuss the dangerous lies of rightwing hoaxster Alex Jones. Last week in Connecticut, Jones was ordered to pay $965 million in damages to parents of children killed in 2012's Sandy Hook Elementary School massacre. Jones was previously held liable in Texas in a separate defamation suit by other parents who also lost children in the mass shooting that resulted in the murders of 20 first graders and 6 adults.

Jones, as Wilson reported at The BRAD BLOG last week, denied that anyone was ever killed at Sandy Hook, claiming the parents of the children were "crisis actors" and that it was all a hoax by those who support gun safety measures. After years of using our public airwaves to repeat those false claims, many of the parents in question were traumatized, confronted by Jones' supporters and were forced to move, thanks to continuous harassment from some of Jones' deranged fans.

But the critical point Wilson asked in her piece was why it is that Jones is still broadcasting over our public airwaves at all? She notes today that some activists have complained to radio stations to successfully have his show removed from the air. But, she says he still remains on about 25 stations which are licensed to broadcast in exchange for "serving in the public interest". As Wilson details on today's show, there are still FCC regulations on the books barring the use of our public airwaves to promote hoaxes that involve crimes such as murder. Nevertheless, no action has been taken by the federal government against Jones or the stations who air him. We discuss why that may be, how listeners can take action to change that and the First Amendment issues surrounding the matter.

THEN, we've spent too much time on past shows already detailing how the GOP "voter fraud" fraudster group calling itself True the Vote (TTV) attempted to hoax the nation by creating a fake documentary with fellow hoaxster (and convicted election fraudster) Dinesh D'Souza called 2000 Mules.

The premise of the film is that TTV claims to have purchased third-party cellphone geolocation data that supposedly reveals thousands of phone users repeatedly visiting absentee ballot drop-boxes in multiple battleground states in 2020 to cast hundreds of thousands of fraudulent votes. Moreover, the group claims they have thousands of hours of surveillance camera video footage revealing the same "mules" visiting these drop-boxes over and over to cast the phony ballots.

The film was thoroughly debunked as nonsense almost immediately upon its release earlier this year. In fact, it includes no actual footage of anybody casting fraudulent votes. But certain rightwing dupes, including the former President, falsely insist that it does. Just last week, for example, in response to the House J6 Committee voting to subpoena Trump, he responded with an absurd 14-page reply [PDF] citing dozens of (long-ago debunked) instances of fraud in the 2020 election. He cited TTV's 2000 Mules film, claiming the group "collected over 4 million minutes of ballot drop box video, showing ballot stuffing at a level not seen before." The result, he falsely asserted, proved that "millions of ballots were stuffed...an Election-changing number many times over."

All of it, of course, is nonsense. And, as it turns out, even the office of Arizona's far-right, voter-suppression friendly Attorney General Mark Brnovich has now noticed. On Friday, the Criminal Division in his office referred TTV to the FBI and IRS for investigation. The AZ A.G. explains in their two-page referral letter [PDF] that, despite multiple meetings with the group's founder Catherine Engelbrecht and researcher Greg Phillips, who both claimed to have video evidence of fraud they promised to turn over, they never actually did. Furthermore, as the letter explains, the pair also met with FBI officials in Phoenix and claimed to have turned over the data to Brnovich's office. They later met again with Brnovich's office and claimed they gave the data to the FBI!

"Given TTV's status as a nonprofit organization," the Chief Special Agent in Brnovich's criminal division office wrote to the FBI and IRS on Friday, "it would appear that further review of its financials may be warranted."

FINALLY, on one of our programs last week, I broke down the five Republican U.S. Senate seats (in PA, OH, WI, NC and FL) that appear to have a plausible possibility of flipping to Democratic in November's critical midterm elections, and the two Democratic seats (in GA and NV) that could plausibly flip to Republican. But over the weekend, the Des Moines Register poll --- considered the Gold Standard for political polling in Iowa --- released an eyebrow raising survey finding that the state's 89-year old seven-term Republican Senator Chuck Grassley, now running for his eighth term, is only three points ahead of his Democratic challenger, retired U.S. Navy Admiral Mike Franken, among likely voters. The poll shows Grassley leads with 46% of the vote to Franken's 43%. Could that seat really be up for grabs in the Hawkeye State next month?!...

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On Wednesday, a jury in Waterbury, Connecticut awarded parents of schoolchildren slain by a gunman's bullets an extraordinary $965 million in damages because far-right propagandist, conspiracy theorist and huckster Alex Jones publicly defamed them. He did so on U.S. radio stations which are licensed by the federal government to serve in the public interest. (The jury's award on Wednesday follows a $49 million award to Sandy Hook parents in a separate case decided in Texas on August 5.)

Jones and guests on his InfoWars show, broadcast as a radio program over our public airwaves and over the Internet, falsely and repeatedly claimed the 2012 Sandy Hook elementary school shooting was a hoax. He told millions of listeners no children were shot; that grieving parents were actually paid "crisis actors"; that the entire shooting, which took the lives of 20 first-graders and six adults, was staged by gun opponents to somehow further their agenda.

As determined by both the Texas and Connecticut cases, these radio broadcasts caused some of Jones' deranged listeners to threaten the grieving parents' lives. According to court documents, Leonard Pozner, whose six-year old son Noah was killed, received threatening voicemails: "You gonna die. Death is coming to you real soon." Pozner and his wife relocated seven times to avoid harassment based on Jones' remarks. Each time they moved, Jones' followers published their new addresses online. "Sometimes I lie awake at night worrying that despite our efforts at security, a determined conspiracy fanatic might gain entry to our home," said Noah's mother, Veronique De La Rosa.

Why is Jones allowed to use our publicly-owned radio airwaves to spread these dangerous lies? To encourage his listeners to cause direct harm to innocent individuals who have already suffered more grief than we can imagine? It should be against the law. It already, kind of, is...

On today's BradCast, our lonely fight to save what is left of our public airwaves continues, as mainstream media outlets continue to benefit from --- and therefore do not bother to report on --- the march toward full corporate ownership of what were once our prized and protected airwaves. [Audio link to full show is posted below summary.]

But first up today, the breaking news on that nation's latest school shooting. Today it was in Knoxville, Tennessee.

Next, the vaccination of the nation continues apace, with about 36% of adult Americans now having received at least one shot. This week, many more states will open eligibility to all adults 16 years of age and older in advance of Joe Biden's national date for doing so in all 50 states next Monday (April 19). Here in Los Angeles, all adult residents will be eligible as of Tuesday. We offer a few tips for how to get an appointment quickly. (Specifically, Kaiser-Permanente appears to have tons of available appointments, for members and non-members alike, via their website at KP.org.)

While vaccinations are proceeding at an impressive pace, hitting another 24-hour record of 4.6 million shots on Saturday, the race to outpace the spread of variants continues. While much of the nation is plateauing in case numbers at high levels or even surging slightly upward, a number of states, particularly in the Northeast and upper Midwest are surging quite steeply. The most disturbing case at the moment, by far, is in Michigan, where its Democratic Governor Gretchen Whitmer has been begging the Biden Administration for a vaccine surge in response to a spike that is as bad there as it was last Fall. For reasons that aren't entirely clear, the Administration has offered additional vaccinators and test kits, but not additional vaccine as of now. The CDC Director said on Monday that what is needed in MI's case is not more vaccine, but lockdowns. However, one of the reasons the state is in such bad shape now is because Trump-incited rightwingers last year not only rebelled against Whitmer's mandatory lockdowns, but even hatched a plot to kidnap her after Trump tweeted to "Liberate Michigan!"

What happens in Michigan, unfortunately, won't stay in Michigan. Their surge will spread elsewhere unless someone figures out how to get it under control. Similarly, what happens in Georgia will absolutely not stay in Georgia, as Republican lawmakers across the country are continuing to push voter suppression measures akin to the suppressive law adopted by Republicans in the Peach State last month.

The corporate pushback against Georgia's anti-voting law and those in other states continues to grow. Over the weekend, 100 corporate executives held a Zoom meeting to discuss how they planned to respond. On Monday, the first major Hollywood production --- Will Smith's "Emancipation" film --- previously set to film in Georgia, announced they were pulling production from the state due to the new law. Other productions could follow suit, given that Georgia has become a bit of a filmmakers Mecca by offering generous tax breaks to Hollywood production teams.

In addition to the group of corporate execs planning their own actions against anti-democracy laws, a group of some 60 law firms is reportedly teaming up to take action as well. That said, it's pathetic that the citizenry has to rely on corporations to become angry enough that Republicans might pay attention to their concerns --- the same concerns that the GOP ignored when they came from the citizenry itself before Georgia adopted its new law. In today's America, the citizenry don't seem to matter. It's corporate dollars to (or withheld from) Republicans that appears to be our only chance of convincing desperate Republicans to block or rollback these onerous restrictions on access to the ballot box. We're happy to see companies jumping in, but its absurd that we need to rely on them to somehow save "democracy".

Speaking of the need to save democracy, we're then joined by media reform activist SUE WILSON of the Media Action Center. Late last year, she and former Republican FCC official Art Belendiuk joined us on the program to discuss actions they were taking to expose the fact that rightwing media behemoth Sinclair Broadcasting appeared to be blatantly violating FCC ownership rules by taking secret ownership of more than one television station in a number of major markets, using sham front companies to skirt federal scrutiny.

At the same time, as Wilson reports today at BradBlog.com, the FCC has been attempting to change its own media ownership rules to allow for more corporate consolidation by granting major broadcasters the right to own more than one TV station in any given market. The FCC's initial attempt to change the rule preventing companies from controlling all of the public airwaves in major markets was blocked by the 3rd Circuit U.S. Court of Appeals, which found that the FCC violated the Administrative Procedures Act in not carrying out proper studies to determine the effects of the rule change on broadcast outlets owned by women and minorities. SCOTUS heard the FCC's appeal in the case on January 19th (Trump's last full day in office). The Court handed down its decision in FCC v. Prometheus Radio Project on April 1, overturning the lower court to allow the FCC's new, relaxed ownership rule, even as Justice Kavanaugh, in his opinion for the unanimous Court, conceded that the record evidence relied on by the FCC was "sparse". But, he held on behalf of the Court, the rules in question, now changed by the FCC, "were no longer necessary to serve the agency's public interest goals."

As Wilson found, however, the reason the record was so sparse was because the FCC had carried out no studies of its own to determine the adverse effect of consolidation on minority owned business before formalizing their new rules. They relied instead on private organizations to present evidence as to why the consolidation would harm minority broadcasters. But private organizations did not have access to much of the FCC's public information, because the federal agency hasn't collected the information from stations around the country.

It all amounts to what Wilson describes as a Catch-22 that ill-serves the public, and further undermines our public airwaves, handing off even more control to corporate interests, rather than we, the people. "This is the worst decision that nobody knows about," Wilson tells me. And, of course, they don't know about it, because mainstream corporate broadcasters benefits from the rule change, so they haven't bothered to mention much about it to any of their listeners or viewers.

Wilson argues that Congress needs to take action, and asks listeners to contact their members of Congress. "We're finding that Republicans and Democrats are very interested in this [because] this is bad for our whole country."

Finally, we open up the phones for a few quick minutes today, to hear from listeners on both the FCC's latest boondoggle and with more thoughts on vaccination nation...

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While I was researching a piece last September about Sinclair Broadcasting's illegal TV ownership shell game, I stumbled into a Supreme Court case. Donald Trump's Federal Communications Commission Chair, Ajit Pai, had filed a case at SCOTUS, Federal Communications Commission v. Prometheus Radio Project [PDF], which would allow one media conglomerate to own the local newspaper, 2 network TV stations, 1-2 additional TV stations, and 8 radio stations --- all in the same community.

The Third Circuit U.S. Court of Appeals had previously found, in 2017, that the FCC failed to adequately study the matter before making the rules change that would adversely affect ownership of media outlets by women and minorities.

But the danger of the scheme to all of us was immediately apparent. Imagine the potential for propaganda by allowing one company to control the local reporters in virtually every media outlet in a single town!

I had already discovered that Sinclair Broadcasting was illegally controlling three TV stations in Columbus, Ohio, and doing little more than duplicating local news content across all three stations. So, on advice of my colleague and friend Brad Friedman, I began writing an Amicus ("Friend of the Court") brief in the case to inform the U.S. Supreme Court of this and other related information.

My first step was to find the research papers the FCC had done on the topic before its Chair --- on behalf of we, the people --- filed its case with SCOTUS. To my surprise, however, I found there were none. Zip, nada, nothing. The FCC was literally taking a case to the Supreme Court in which it had done no independent research at all...

On today's BradCast: A good answer to the question of how the hell we got here. We have an FCC that appears fully captured by the very (rightwing) corporate entities it is supposed to be regulating while overseeing control of our public airwaves. [Audio link to show follows below.]

But first, before we get to our main story today, which is a scoop you probably haven't heard about elsewhere, Donald Trump's own FBI Director Christopher Wray testified in the U.S. Senate Homeland Security Committee on Thursday that he is unaware of any evidence to suggest widespread absentee ballot fraud is underway. That runs completely contrary to the President of the United States' continued, persistent, repeated, evidence-free claims that Democrats are running some kind of massive absentee ballot fraud scam to steal the election from Trump.

On the other hand, Donald Trump was and is trying to steal the U.S. Census from the people of the United States. But on Friday, a federal judge ordered a stop to it, based on testimony and email from Census Bureau officials revealing that the Commerce Department's order for the Constitutionally-mandated decennial head count to be prematurely ended this month would result in fatally flawed headcount data. The Trump Administration has been trying to complete the tally in time to turn it over to the President for final approval by the end of this year, to avoid the current deadline of April 2021 when Joe Biden could be in office to approve it instead. The attempt to force an under-count, according to critics, would bastardized U.S. House seat apportionment, as well as thousands of state legislative seats and the distribution of some $1.5 trillion in federal spending for the next ten years. It would also result in the under-count of minorities and the shifting of political power to white, rural Republican districts.

And speaking of politically captured federal agencies, earlier this week at The BRAD BLOG, award-winning journalist turned media reform activist SUE WILSON broke the story of a "Petition to Deny" license renewals filed against three broadcast television stations in the Baltimore market. The petition, filed by longtime, D.C.-based Republican communications attorney and former FCC official ART BELENDIUK, charges that the giant, rightwing corporate TV station owner Sinclair Broadcast Group is unlawfully violating the Telecommunications Act [PDF] by secretly owning or controlling three stations in the Baltimore market, when they are only allowed to own one.

Belendiuk and Wilson join me on today's program to explain how the far-right Sinclair, which own Baltimore's WBFF, also secretly controls the ownership of Cunningham Broadcast, which nominally owns WNUV and Deerfield Media, which holds the license to WUTB in the same market. Belendiuk explains how that violates federal restrictions on media ownership, while noting that his "Petition to Deny", filed in Baltimore in hopes of blocking the stations' licensing renewals, is just the first such Petition, given that Sinclair is pulling the same corporate shell game scam with stations all across the country.

"You can have relationships with other stations in the market, but they're carefully regulated by the FCC," Belendiuk tells me. "But Sinclair has gone way beyond that, down to the point of setting the salary of the president of Cunningham. That's not the kind of thing you do at arm's length. Cunningham, which is the main partner of Sinclair, has twenty stations in twenty different markets and they're all paired with Sinclair. So this isn't a Baltimore problem, it's just that the petition had to be filed in Baltimore because of FCC reasons. The first place you could file was in Baltimore."

Wilson detailed in her recent report how, under the FCC's regulation of the Telecommunications Act, "In a single local broadcast market, one company may apply to own two stations --- if there are nine or more stations in that market. [But] Baltimore has just eight stations, and three of them are actually owned by Sinclair."

Sinclair, which officially owns almost 200 hundred TV stations across the county in more than 100 markets, largely in the South and Midwest, first came to national prominence when they mandated their hundreds of otherwise trusted local TV news anchors to read a script on air about "fake news" being a threat to democracy, back in early 2018. As their stations are affiliated with various networks such as ABC, Fox and The CW, local viewers often have no idea they are actually watching a Sinclair station, with a far-right corporate owner controlling the local station's newsroom.

"What's really at stake here are the diversity of voices that we the people get to hear on our local TV stations," Wilson explains. "Local television news is really the medium that most of us trust more than any other today for our news. This is really cutting away at that kind of trust, when you allow one company to own so many stations." She says "the law is clear," but the FCC, whose chairman Ajit Pai was appointed by Donald Trump, is failing to enforce it, even though the details of the sham ownership of the stations and companies controlled by Sinclair were discovered in both FCC and Securities and Exchange Commission (SEC) documents, according to Belendiuk's petition

"The commission is aware of this," Belendiuk insists. "Enough is enough. it's time for the FCC to stop looking the other way."

The self-described "political conservative" also shares the progressive Wilson's concerns about the dangers of the lack of diversity over our public airwaves. "In many markets --- take Columbus, Ohio --- they own two major network affiliates, Fox and I believe an NBC station. That means every day at 6 o'clock there are two local newscasts going out holding one political view. That's not what the Communications Act intended. The Communications Act intended that there should be a diversity of views. If there's a Sinclair with a clear rightwing view, there should be another station that has a middle-ground view, and one that maybe has a leftwing view. There shouldn't be one voice."

He goes on to discuss the serious "impacts" all of this has on our politics and elections. "It really, really matters to the people of Columbus, Ohio. And they're being deprived of the information they need to vote for the candidate of their choice. Whether you're voting Republican or Democrat, that vote should be an informed vote. When you control the local news, which is really what I see as the problem, then I'm no longer getting that kind of information that I need to make an informed decision."

Belendiuk notes that station license renewals, which come up every eight years, will also be happening soon in other markets around the country where, he says, "any citizen can file a petition saying why they don't serve --- and this is in the Communications Act --- 'the public interest, convenience, or necessity'," before he details how Sinclair has been repeatedly fined by the FCC for other violations over the years when they were found to not be acting in the public interest as mandated.

Sinclair has until October 1 to respond to the Petition, after which the matter will either be decided by the FCC or, if they ignore or attempt to whitewash the complaint, by a federal Appeals Court, Belendiuk vows.

There is much more on all of this in today's show, including information on how you can reach him and take action locally if you feel, like he does, that "enough is enough".

Finally today, because this week has been more than "enough", we end with the overdue return of one of our favorite Trump-era musical satirists! Randy Rainbow sends us off into the weekend with a tune that we dare you to get out of your head after you hear it...

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Baltimore's crowded TV market highlights the shell game that media goliath Sinclair Broadcasting plays across the nation to illegally dominate the information Americans can consume over our public airwaves. The agency tasked with overseeing those airwaves, the Federal Communications Commission (FCC) has long turned a blind eye to allow Sinclair, the very powerful purveyor of rightwing propaganda, to violate US law.

Congress passed the Telecommunications Act [PDF] so no single television company could dominate the news and information available to "We the People" in any single market or even nationwide. Under the law, a single TV company is permitted to reach no more than 39% of viewers in the United States over all. In a single local broadcast market, one company may apply to own two stations --- if there are nine or more stations in that market.

Baltimore has just eight stations, and three of them are actually owned by Sinclair: WBFF, WNUV, and WUTB.

Sinclair lawyers (who also represent Cunningham Broadcasting and Deerfield Media) will say Sinclair owns WBFF, Cunningham owns WNUV and Deerfield owns WUTB. But, in a September 1 legal Petition to Deny the renewal of all three stations' licenses, due to both the shell game and the lies Sinclair has told to protect its unlawful ownership, Republican attorney Art Belendiuk researched Securities and Exchange Commission (SEC) documents to prove that both Deerfield and Cunningham are actually both controlled by Sinclair.

"Sinclair controls three television stations in Baltimore, while the FCC rules do not permit it to control more than one," the petition, filed on behalf of local viewer Ihor Gawdiak, argues, while detailing how the shell game of nominal ownership by the other two companies is simply meant to mask Sinclair's violation of federal law...

On October 24, 1998, a group of activists from across the United States gathered in Washington DC to protest the Ken Starr investigation into Bill Clinton in the first rally ever organized on the Internet.

Darrell Hampton's umbrella group "We the People" was generally outraged at Starr's excesses; White House staffer Bob Weiner railed against Ken Starr for subpoenaing him for eating ice cream with a fellow Democrat; the fledgling group "Censure and MoveOn" (later to become MoveOn.org) was featured; and my "Truth in America Project" focused on the biased media promoting the investigation, media which had recently gained its dominance from the 1996 Telecommunications Act.

We all understood the long drawn out Grand Jury investigation of Bill Clinton had found no crimes, and so Starr et al manufactured a perjury trap to have an excuse to impeach the President. As I said on the Ellipse in front of the White House, "Is it okay for a big government attorney to work with a private civil lawyer to see if they can figure out a way to get a man to lie about his sex life so they can prosecute him for it?"

But what was just coming to light, and what has had a lasting damaging legacy, is the effect of the 1996 Telecommunications Act on our political landscape.

Brief history: When radio and television were first invented, broadcast pioneers and government officials recognized that radio had the potential to entertain and inform, but when used improperly, also to brainwash a population. So Congress passed the 1934 Communications Act, which limited any one owner in the United States to owning just 9 stations nationwide: 3 AM radio stations, 3 FM radio stations, 3 TV stations. The thinking was that by having multiple local owners, no one person could dominate the (publicly owned) airwaves with political rhetoric.

Ah, those were the days...

Right in the middle of today's BradCast, as we were discussing the very topic, Twitter announced that they would be blocking all political ads before 2020 from their massive social media site. As our guest today explains, however, Facebook, still refuses to even fact-check political ads purchased on their site, no matter how demonstrably false and misleading they are. [Audio link to show is posted below.]

But first today, as fires rage up and down the great state of California due to climate change-fueled winds, heat, tinderbox dry conditions and preemptive power blackouts by private, for-profit utility companies who failed to heed early warnings, it's become clear that elections in the Golden State are now also endangered. Exactly one year out from next year's critical Presidential election, a number of large counties in the state, most notably here in Los Angeles (the nation's most populous voting jurisdiction) are moving to 100% unverifiable electronic touchscreen voting systems, rather than verifiable hand-marked paper ballots, and to e-pollbook systems at Voting Centers which rely on the Internet to establish voter eligibility before voting, rather than old school paper pollbooks.

Both new systems also require electricity for voters to be able to cast their votes at all. But what if power companies are forced, at this very same time next year, to once again preemptively shut down power to avoid the threat of utility line sparked wildfires? We have queried L.A.'s County Clerk and Registrar Recorder's office seeking information on what their backup plans are for such a situation, should it occur, next year. We'll let you know what, if anything, we hear back from Registrar Dean Logan or his office on an upcoming show.

Then, today's impeachment update includes a look at another one of the Republicans' latest attempts to find a way --- some way, any way! --- to defend Donald Trump's well-documented quid pro quo pressure campaign against Ukraine, as he withheld hundreds of millions of dollars in Congressionally-allocated military assistance in hopes of forcing Ukraine's President to commit to a probe of Trump's 2020 political rival Joe Biden. After eviscerating, on yesterday's program, the disingenuous cries from GOPers in recent days that the inquiry was unfair to the President for lack of "due process," today we highlight several of the attempts by a number of Republicans to simply deny the entire matter even exists. From Presidential son-in-law Jared Kushner's recent claim that the impeachment is little more than a "silly game" because the President "hasn't done anything wrong", to Rep. Mark Amodei (R-NV)'s refusal to answer even the simplest questions about Trump's documented behavior, to Rep. Ted Yoho (R-FL)'s admission that he hadn't even attended a single impeachment inquiry hearing session, despite being a member of the House Foreign Affairs Committee, one of three that has been taking depositions behind closed doors from witnesses in the Ukraine affair over the past several weeks.

Then, with the Trump Campaign having purchased some 69,000(!) micro-targeted Facebook ads since May alone, many of them either entirely false or horrifically misleading (and amounting to more ads in total than all 18 current Democratic 2020 Presidential candidates combined!) we're joined by SUE WILSON, former Emmy and AP-award winning broadcast journalist turned media reform activist and founder of the Media Action Center, to discuss the controversial refusal by Facebook CEO Mark Zuckerberg to fact-check political ads purchased on his enormous social media site.

Wilson recently wrote at The BRAD BLOG about the controversy, sparked by Zuckerberg's refusal to block a clearly false Trump ad which CNN refused to air, and a subsequent false ad by Elizabeth Warren that she purposely ran at Facebook (and admitted was false) in order to press the point. That column, critiquing Zuckerberg's claim to be following local broadcaster ad standards (despite not being a broadcaster) as an important issue of "free speech", was published prior to some 200 employees of the social media giant signing a public letter this week calling for a number of the same reforms cited by Wilson in her recent op-ed.

"Personally, I'm offended by the idea that lying ads are the same as free speech," she tells me. "That is not free speech. It is paid speech, paid-to-misinform-people speech."

Wilson describes the breaking news about Twitter as "wonderful", adding: "It's kind of ironic that it's taking Facebook for us to start looking at these political ads that are allowed to lie to us. Not only should Facebook ban all political ads, but we should rewrite the laws so that broadcasters ban all political ads. This is a giant industry which promotes misinformation, and this is one very good way to start telling the truth to America."

Wilson debunks a number of Zuckerberg's claims about his ill-considered policy decision to allow all paid political propaganda ads by campaigns to run, no matter how many lies are included in them, and explains the arcane, nearly century-old federal requirements regarding which political ads broadcasters (versus cable channels and television networks) are allowed to prevent from running and which ones they may not censor, no matter how demonstrably false they may be.

Today's conversation with Wilson makes clear that Facebook needs to, as its own employees advise, rethink its current policy, at a minimum, before the platform is further "weaponized" by political campaigns with "destructive misinformation" that threatens our very democracy, even as concerns about political censorship by huge media outlets remains a concern. Hope you'll tune in for this important discussion in advance of next year's critical Presidential election!...

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There has been a battle between Elizabeth Warren v. Mark Zuckerberg and Facebook since the social media giant started accepting incendiary paid advertisements from President Donald Trump in which his campaigns makes claims about former Vice President and Presidential candidate Joe Biden that are, to put it mildly, less than true.

Recently, Warren, in a gutsy move, shot back with an ad that willfully lied about Zuck and Trump so she could make a valid point about Facebook's recent policy of allowing candidates' ads to run on Facebook without any vetting of facts.

What is really at issue is whether laws developed for local broadcast licensees can --- or should --- apply to social media platforms and, really, whether any outlets should be allowed to make billions of dollars knowingly running ads that lie and purposely misinform the public.

In her ad, Warren first claims "Breaking news: Mark Zuckerberg and Facebook have endorsed Trump for re-election!" Then she writes, "you might be thinking, how could this possibly be true? Well, it's not. (sorry.)" Warren goes on to make the point that what the Facebook CEO is doing in avoiding responsibility for all fact-checking on the massive social media site is giving Trump permission to lie --- so long as he pays Facebook "gobs of money" to spread those lies to voters. She draws a distinction between the way TV networks and Facebook are handling the ads: "If Trump tries to lie in a TV ad, most networks will refuse to air it. But Facebook just cashes Trumps checks."

Facebook responded, ironically enough, in a tweet...

Every. Single. Vote. Matters. Or, at least it's supposed to. On today's BradCast we've got a bevy of stories, almost a month after the midterm elections, to prove it. Also, a rightwing broadcast media behemoth --- the nation's largest single owner of local television stations --- faces new blowback for offensive, anti-immigrant commentary they forced their local news outlets to carry. [Audio link to today's jam-packed show is posted below.]

First today, in Kentucky, where nearly half a dozen state House races were determined by half a dozen votes or less, a Republican incumbent has now filed a contest in House District 13 after reportedly losing to his Democratic challenger by just one single vote. No matter how that challenge ends, and it may take a while, Republicans will still hold super-majority control in the Bluegrass State.

But, in Alaska --- which, incidentally, was struck by a major earthquake today --- one single still-uncounted "mystery ballot" in one single state House race may determine control of the entire body for the next two years. We explain.

Meanwhile, in Georgia (the nation's apparent new headquarters for mass voter suppression) the midterms aren't over yet either, with two statewide runoffs set for Tuesday in the Secretary of State and Public Service Commissioners race. But, on Thursday, the state Democratic Party sued the state to allow absentee mail ballots postmarked by Election Day to be counted. Their complaint charges that many counties in the state failed to timely send out requested vote-by-mail ballots until just one week before next week's December 4th runoff. That, they say, will not allow enough time for many voters to receive their ballots and mail them back to the county by Election Day, when state law says they are due.

Dems note that overseas and military votes are tallied, as long as they are postmarked by Election Day and arrive no later than three days after the election. They want the same rules applied to all absentee by mail voters, thanks to the Secretary of State and Counties' delay in sending out tens of thousands of ballots. The GA Sec. of State's office, incredibly, blames the delays on Democrats for trying to ensure all votes were tallied from the November 6th general election! [Post-air update!: GA agrees to count ballots that arrive by December 7th, if post-marked by Election Day!]

In North Carolina, the U.S. House election mystery in the 9th Congressional District has now fairly clearly become a GOP election fraud case. We've got new details today, based on affidavits from voters in Bladen County who describe an unlawful scheme, apparently by a GOP contractor for the Republican candidate, to collect absentee ballots and either alter them before delivery to the County or not deliver them at all. This follows on the surprise State Board of Election decision on Tuesday to not certify the NC-9 race, as previously expected, between Republican Mark Harris and Democrat Dan McCready. Until the new revelations of apparent election fraud, Harris had reportedly won the race by just 905 votes out of more than 280,000 cast. However, as recent analyses have revealed, Harris apparently received a virtually impossible number of absentee by mail votes in Bladen County. On Friday, the NC State Board of Elections decided to delay action until after a a hearing to review evidence in the matter on 6 December 21. They have the authority to, among other things, order a completely new election in the Congressional District.

Finally today, in a widely-reported skirmish at the U.S. southern border with Mexico near San Diego last weekend, U.S. officials fired tear gas into Mexico, sending many women and children migrants from Central American running for the lives. 42 arrests were made by U.S. Customs and Border officials, but AP reports this week that none of the migrants detained will actually be charged with any crimes!

Nonetheless, in the wake of the U.S. use of tear gas on asylum seekers, former Trump staffer Boris Epshteyn, who is now Sinclair Broadcast Group's Chief Political Analyst, offered a commentary in response which local news outlets at hundreds of Sinclair-owned television stations around the country were told to run. Epshteyn's offensive "must-run" commentary charges that migrants were "attempting to storm" the U.S. border in an "attempted invasion of our country. Period." The commentary, as usual, echoed the politics and rhetoric of Epshteyn's far-right nationalist fear-mongering former boss who had sent thousands of U.S. military troops to the border in the days before the midterm elections to, purportedly, help propel the so-called "invasion" by men, women and children fleeing violence and poverty in Central America by foot.

We're joined today by PAM VOGEL of Media Matters who has been documenting Sinclair's abuse of our public airwaves at otherwise-trusted local media outlets, which are now required to carry Epshteyn's "must-run" commentaries as often as five times a week. While Sinclair initially distanced themselves from their own Chief Political Analyst in a "tepid response" after public outrage emerged following Epshteyn's offensive "invasion" commentary, the company has since come out in his support, turning their efforts to false attacks on Media Matters instead. Vogel details the shameful story and how Sinclair could --- and indeed may --- face license renewal problems from the FCC for their abuse of our public airwaves with biased, false and far-right propaganda on their nearly two-hundred television stations across the nation.

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast, the FBI investigation into multiple allegations of sexual assault and belligerent drunken behavior by U.S. Supreme Court nominee Brett Kavanaugh continues, as Republicans in the U.S. Senate prepare to force a vote on his confirmation before Senators, much less the public, get a full look at the information gathered by the brief and limited probe. As that shameful illustration of a process broken by Republicans for the nation's highest court plays out, a number of other noteworthy news stories slip through the cracks just over one month before the crucial 2018 midterm elections. [Audio link to full show follows below.]

On Sunday, California's Governor signed a Net Neutrality bill into law, meant to replace the Obama-era consumer protection that was gutted by the Trump Administration's Federal Communications Commission (FCC). Hours later, Trump's Dept. of Justice sued the Golden State to prevent the new law from taking effect. So much for the GOP's pretend love of "states rights".

On Monday, Trump announced "a brand new deal to terminate and replace NAFTA" [the North American Free Trade Agreement] with a "totally" new deal between the U.S., Canada and Mexico as "the biggest trade deal in United States History." Even though it is NAFTA 2.0, it will now be called, if adopted by the U.S. Congress (a big "if", as our guest explains today), the United States Mexico Canada Agreement, or USMCA.

And, on Tuesday, Amazon founder and CEO Jeff Bezos announced the company will be increasing their minimum wage for all workers, both permanent and seasonal, to $15/hour beginning next month, after years of attacks by critics for low wages paid by the world's second most valuable company.

We're joined by financial journalist and author DAVID DAYEN to discuss all three of those news items, whether they are a "Big Deal or No Big Deal?", and how the news may or may not affect the upcoming November elections.

On Amazon's increased wages, Dayen tells me it is "only going to bid the price of labor up. So that is a good thing." He also explains why it is "a political success for Bernie Sanders and this idea that you need to put pressure on these huge, monopolistic companies in order the get them to do right by their workers." But, he also warns, "there's an escape valve here for Amazon."

The new NAFTA includes an end to what Dayen calls the "corporate shakedown regime" in NAFTA's "horrendous" extrajudicial process for settling trade disputes between corporations and countries. That's a "huge deal" he says, which could help set a template to vastly improve other trade deals as well, and potentially increase wages for workers. But he also explains why unions are, nonetheless, not yet all in for the deal and notes that it can only be approved by the next Congress --- which will likely be far more Democratic than the current one --- if labor buys in.

On DoJ's challenge to California's own Net Neutrality law, Dayen explains, the Administration may have little choice but to try and block it, even as Republicans --- when it comes to states other than California, anyway --- argue states should decide what's best for their own residents. In the Golden State, however, "if you give net neutrality protections, if you allow the state of California to pass them, then that's going to migrate," he says. "There's a genuine concern that these regulations --- which of course were in place at the federal level and were taken out by FCC Chair Ajit Pai and the conservatives on the FCC --- would almost, by default, come back if this were allowed to stand. ... All that work they did at the FCC could be for naught."

Finally, we're joined by Desi Doyen with our latest Green News Report, with record rainfall numbers from Hurricane Florence (and the giant mosquitoes which have arrived in its wake), the Trump Administration's use of catastrophic climate change data to justify a deadly rollback of Obama-era fuel efficiency standards, and the French President calling for the nations of the world to reject trade deals with any country who is not a party to the Paris Climate Agreement (that would include only the U.S., which has announced its intention of pulling out of the landmark pact as soon as allowable --- the first day after the Presidential election in 2020)...

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On today's BradCast, you won't hear Brad or Desi --- because you'll be very busy hearing me. I'm the host of In Deep with Angie Coiro.

You may have been fooled for a second --- nah, you're too smart --- but casual observers might mistake Jeff Sessions' announcement of a new DOJ "Religious Liberty Task Force" as an effort to address genuine hate crimes, including attacks on Muslim Americans, Jewish Americans, and Sikh Americans. But of course not. He made it clear it’s about bakers afraid of serving LGBTQ customers, or taxpayers having to support icky women – that sort of thing. ANNIE LAURIE GAYLOR is co-president of the Freedom From Religion Foundation. She puts this latest news in the wider context of Trump’s pro-Christian pandering. While we're at it, we look at how bad for basic civil rights Brett Kavanaugh would be on the Supreme Court.

More news headlines, then DAVE JOHNSON of Seeing The Forest ponders how the concepts of markets, capitalism, and socialism get contorted by propaganda. Even respectable journalists fall victim...

Download MP3 or listen online below...

On today's BradCast: After a months-long drought of one of our favorite guests, legal journalist MARK JOSEPH STERN of Slate returns today! And we make up for the deficit with a legal lightning round on a number of big cases being heard this and in recent weeks at the U.S. Supreme Court, as well as a number of important cases from elsewhere around the country.

Among the cases covered with Stern today: The years-long challenge to Texas Republicans' racial gerrymandering of Congressional and statehouse districts, which were struck down as unlawful by several lower courts, and Donald Trump's controversial anti-Muslim travel ban(s), which were also blocked by lower courts. The U.S. Supremes, however, may be on the verge of restoring both laws, according to Stern, despite previous findings of unconstitutionality. We also discuss the pending fate of two separate challenges to partisan gerrymandering heard recently by SCOTUS.

In both cases, Stern notes, referring to the stolen GOP majority on the Court after Obama's nominee Merrick Garland was blocked for a year, before Trump appointed Justice Neil Gorsuch: "I hope against hope that my predictions are wrong, but Republicans stole this seat for a reason."

But that's not all! We also hit several other important recent cases from federal courts around the country, which prove to offer a bit more encouraging news. Stern details the "complete train wreck" seen in a federal court in Kansas earlier this month, as their Sec. of State and top-shelf GOP "voter fraud" fraudster Kris Kobach disastrously attempted to defend his "proof of citizenship" voter registration law at trial. Kobach's humiliating effort resulted in a George W. Bush-appointed federal judge slapping him with the second of two contempt of court sanctions during the long case, and may signal, as Stern posits, the near end of the Republican Party's years-long disingenuous claims about a "voter fraud" epidemic.

"Kobach had committed a major self-own," Stern tells me. "He had gone into that trial thinking he was going to prove once and for all that 'voter fraud' was real, and he left that trial having inadvertently proved that it wasn't. He undermined all of the evidence that he had worked so hard to build up."

That, as one of Kobach's longtime colleagues in the long GOP "voter fraud" con, J. Christian Adams, finds himself as the defendant in a new lawsuit filed in Virginia by a number of U.S. citizens who were inaccurately accused by Adam's group, the Public Interest Legal Foundation (PILF), in error-riddled reports titled "Alien Invasion of Virginia" and "Alien Invasion II", of committing voter fraud. Adams is accused by the lawful voters of violations of the Constitution, the Voting Rights Act, and even the Ku Klux Klan Act of 1871.

"It's satisfying to see these guys have to answer in court for all that they've said and done for so long, and it's great to see the victims of their slander fighting back in such a powerful way," Stern argues.

We finish up our legal lightening round today with a case decided last week by the Supreme Court, in which Justice Gorsuch, who enjoys the seat stolen for him by Senate Republicans last year, actually joined the Court's four liberal Justices in striking down a law that allows the deportation of immigrants accused of "violent crimes". While Stern applauds Gorscuh joining the liberal justices in this case, given the vague statutory language used for defining "violent crimes", he also cautions that Gorsuch's interest here may signal a broader, more disturbing scheme down the road by Trump's far rightwing appointee.

Also today: The Trump Administration doesn't appear to do any vetting of any of their nominees for any office, it seems. Last week, Elizabeth Anne Pierce, a corporate member of a public commission created by Trump's FCC Chair Ajit Pai, purportedly to help expand broadband Internet access, was arrested on allegations of fraud to the tune of $250 million for forging signatures on contracts on behalf of her startup high-speed fiber-optic company. And, on Capitol Hill today, Navy Admiral Ronny Jackson, Trump's personal physician turned nominee to head the Dept. of Veterans Affairs, comes under fire from Senators of both parties, regarding his complete lack of experience for such a role, but also for reports of fostering a "hostile work environment", "excessive drinking on the job" and "improperly dispensing meds" among other things. In the bargain, today at the White House, Trump appeared to begin the process of throwing Jackson --- who he reportedly had to convince to accept the nomination to head the VA and its 360,000 employees --- under the nearest bus.

And finally, Desi Doyen joins us with the latest Green News Report, and for a tribute or two to Schoolhouse Rock creator Bob Dorough, who died today at the age of 94...

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