On today's BradCast: Never mind Russia. Is it even possible for Democrats to overcome the systemic structural disadvantages Republicans have put in place in virtually every aspect of U.S. elections? We've got both encouraging and not-so-encouraging news in that regard on today's show. [Audio link to show posted below.]

Now that both the U.S. intelligence community and Democrats --- and even a few Republicans --- have finally begun to figure out that Election Integrity requires, at a bare minimum, a paper ballot for every vote cast, how long will it take them to figure out that those ballots need to be hand-marked (not computer-marked) and, preferably hand-counted, so that the American public can truly begin to restore confidence in election results and know that their votes actually matter? There is some --- precious little, but some --- encouraging news out of Pennsylvania today on that front, and even from the U.S. Senate Intelligence Committee.

The Governor in PA, a state which still hates its voters so much that it forces the vast majority of them to vote on 100% unverifiable touch-screen voting systems, has decreed that any new voting systems purchased to replace the old ones, must have some form of "paper trail" or "paper record" or "paper backup". That's a very low bar, but better --- for the most part --- than the current 100% unverifiable touch-screen systems used across the state. Yet, the Democratic Governor, Tom Wolf, has yet to propose any new funding to purchase those new systems. So, like PA votes, they remain vapor ware for the moment.

At the same time, Sen. Mark Warner of Virginia, Ranking Democrat on the U.S. Senate Intelligence Committee, seems to have noticed the cost of trying to secure elections (like "the Dutch elections, where they hand-counted all the ballots") versus the price of one single F-35. Hand-counts, like those carried out by the Dutch, is, in truth, a pretty inexpensive deterrent against foreign manipulation of our computer tabulation systems, if our elected officials were truly concerned about it. (It would also help to deter the much greater threat of domestic manipulation, by the way!)

But, even if we had a hand-marked paper ballot for every vote cast and even if we counted them all by hand, publicly at the precincts, before ballots were moved anywhere (as per Democracy's Gold Standard), Democrats would still have a mountain to overcome this year in the shape of the GOP's systemic partisan gerrymandering of state legislative districts and U.S. House seats.

To that end, we've got some similarly-qualified encouraging news out of Pennsylvania as well today, where the state Supreme Court recently ordered new U.S. House maps to be drawn in time for the upcoming May primary elections in the commonwealth, after finding the ones drawn by Republicans following the 2010 census were in violation of the state constitution's right to a fair vote. The battle over those new maps --- which have given the GOP a 13 to 5 advantage in U.S. House seats in the largely 50/50 state over the last three elections, where Dems outnumber Republicans --- is now moving forward on a very tight court-ordered deadline.

Meanwhile, similarly partisan gerrymandering by the GOP in Wisconsin, North Carolina, and many other swing-states continues, thanks in no small part to the U.S. Supreme Court delaying lower federal rulings that determined Republicans had unconstitutionally given themselves a steep enough advantage on district maps that they were able to retain huge majorities in state legislatures and the U.S. House, despite being consistently out-voted by Democrats.

We're joined today by FairVote gerrymandering expert DAVID DALEY, former Editor-in-Chief at Salon and author of RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy. We discuss the gerrymandered state of play as the 2018 primaries are now just weeks away in many states, and as the dam seems to be bursting in both state and federal courts --- finally! --- against partisan gerrymandering.

"The courts have been consistently outraged by what the Republicans pulled off in 2010, 2011," Daley says. "The problem is, here we are in 2018, we've been using these unconstitutional maps now this entire decade. There is no sense we're going to have new maps in most of these states, with the possible exception of Pennsylvania, in time for the 2018 election. We may well have the fourth of five elections in all of these states held on unconstitutional maps."

By way of one example, Daley notes: "In 2012, 52% of Pennsylvanian voters vote for Barack Obama, 51% of them vote for Democratic members of the U.S House. Republicans however, take 13 of the18 seats that year --- 71% of them! Democrats get 28% of the seats, even with more votes."

We also discuss the new documents he recently uncovered, published in a new Salon exclusive, detailing the fascinating story of how the Republicans' so-called REDMAP scheme to take over state legislatures and redistrict the nation with a wildly partisan advantage, first came about prior to the 2010 election and U.S. Census.

Among the questions we discuss: Is it even possible for Democrats to overcome that structural disadvantage in the 2018 mid-terms without the U.S. Supreme Court finding partisan gerrymandering to be unlawful? Are state court cases, like the one in PA, the answer instead? And can any of this be done in time for the 2020 elections, after which district maps will be redrawn once again by partisan majorities in state houses for another 10 years?

"There may be a blue wave [in 2018], but there is also a red firewall that stands ready to knock it down," Daley warns. "Democrats are probably going to need two seismic, historic waves in order to have a shot at fair maps in 2021. And it they can't pull that off, and if the courts don't come in and do something in the meantime, the maps that are drawn in 2021 are the ones we are going to live with until 2031."

Also today, in other related news: A second federal court, this time in New York, blocks Trump's attempt to reverse DACA, and one Republican candidate for the U.S. Senate must be a very bad choice...at least according to his own parents!...

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

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

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

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

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

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

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Today's BradCast took several unexpected turns as news broke, callers called, and the Trump-era debunkery continued. [Audio link to show follows below.]

Among the many stories covered and/or debunked on today's program, before we opened up the line to callers...

• In a surprise reversal, some good news to start off, as Donald Trump's EPA Administrator Scott Pruitt puts the brakes on a huge, dangerous, proposed Canadian mining project in Alaska's pristine Bristol Bay watershed;
• In a weekend interview, Trump once again made clear he knows nothing at all about climate science (beyond what they told him about it on Fox "News) and doesn't care to learn. Desi Doyen joins us to correct at least some of the misinformation offered by the President of the United States' embarrassing comments to Piers Morgan;
• Former Colorado Republican Party Chair and rightwing radio host Steve Curtis (pictured above) was found guilty of forgery and voter fraud in the 2016 Presidential election last year, after claiming on air, just before the election, that only Democrats commit voter fraud and they should be prevented from voting at all. On Friday, he was sentenced to four years of probation and community service, even as he claims he didn't know that voting his ex-wife's absentee ballot was unlawful. ("He knew exactly what he was doing," the prosecutor argued during the trial's closing arguments. "He received it in the mail, opened it, voted, signed it, sealed it back up and sent it in." All in his wife's name. She had moved out 11 months earlier.)
• We then contrast the white Republican Curtis' lenient sentence for voter fraud to that of a Mexican national who came here as an infant, has long been a permanent US resident with four U.S. citizen children, but was sentenced last year to 8 years in federal prison and likely deportation thereafter for unlawfully voting. She thought she was allowed to do so as a permanent US resident;
• On the encouraging side of election and voting rights news today, however, the North Carolina Supreme Court on Friday sided with the state's new Democratic governor, and effectively reversed a years-long effort by the state's Republican legislature to roll back many voting rights in the key swing-state.

And, with all of that, we then open our phone lines to all sorts of interesting listener calls, including one caller (one of our favorites) who argues that progressives should mount write-in campaigns to take on corporatist Dems, (we debate whether doing that or primarying such Dems is the smarter route to take), and another right-wing caller who pretends to have no idea how Photo ID voting restrictions suppress the legal votes of minorities --- or he simply doesn't care. (He also revealed himself to be a climate change denier, what a surprise, as the call turned quickly South)...

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

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast: Buckle up, and maybe take a few pre-emptive antibiotics just for safety. [Audio link to show follows below.]

We begin with a few responses to the racist President of the United States Donald Trump's reported description of Haiti, El Salvador and Africa nations as "shithole countries". As a measure of just how appalling the comments were, we actually declare George W. Bush no longer the "Worst President Ever", before turning to outraged responses from right-wingers Glenn Beck and Frank Luntz, of all people, to help underscore both how offensive and, frankly, inaccurate Trump's comments were.

But, as several have noted, while Trump's remarks are disturbing, the fact that his racism is embodied within his policies --- on immigration, policing, and much more, including voting and elections --- is far more troubling. That racism and dishonesty was on display in the sham Presidential Commission created by Trump, supposedly to root out the millions of illegal votes he falsely claims were cast against him when he lost the popular vote by millions to Hillary Clinton in 2016.

But his bogus Commission, headed up by disgraced GOP "voter fraud" fraudster and Kansas Secretary of State Kris Kobach, was abruptly shut down last week after facing an onslaught of legal challenges and finding none of the supposed voter fraud they had set out to highlight. After the Commission's ignominious closure, Kobach claimed he would be advising the Dept. of Homeland Security who, he said, would be taking the Commission's data and preliminary findings to continue the investigation. While worrying a number of voting rights advocates, those claims too have so far proven to be false, according to statements from DHS and legal documents filed by the DoJ in response to lawsuits.

Meanwhile, Trump's poisonous racism and failed Presidency is having ripple effects across the globe, and not just with those nations he is said to have described as "shitholes". The U.N. and the Vatican have now condemned his remarks, he has been forced to cancel a planned trip to Great Britain (which, naturally, he has lied about) and, following the recent resignation of the U.S. Ambassador to Panama who says he can no longer justify serving under this Administration, Trump's newly appointed Ambassador to the Netherlands, Pete Hoekstra, has been mercilessly called out by the Dutch in recent days for multiple lies.

Hoekstra, a former Republican Congressman from Michigan and immigrant from the Netherlands, had recently denied having made wholly discredited racist charges, in 2015, claiming Muslim immigrants were burning Dutch politicians to death and creating so-called "no-go zones" in the Netherlands. After he charged a Dutch journalist with reporting "fake news" for asking him about his fully-documented and video-taped false claims (and then claiming in the same interview he hadn't charged the journalist with reporting "fake news") the new Ambassador's first press conference this week in The Hague did not go well, to say the least. On Friday, Hoekstra was finally forced to admit his 2015 comments were wrong, though his shame appears to not yet be over.

All of which underscores that while Donald Trump may be the highest profile symptom of a very sick Republican Party, he is but a small part of a very widely spread disease that has poisoned his party and has made America anything but "great again" in the eyes of the world...

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

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

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

In election and voting news today...

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

Finally today...

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

What. A. Mess. Enjoy!...

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On today's BradCast: The wheels seem to be coming off everywhere. That's both good and bad news. [Audio link to show follows below.]

We start here: After a two month back and forth since the November 2017 off-year elections in Virginia, it appears that Republicans will retain --- if just barely --- their majority control of the Virginia House of Delegates (for now) following a random drawing out of a bowl in Richmond today resulted in Republican David Yancey being named the winner over Democrat Shelly Simonds.

That, despite a "recount" in the 94th District race finding the Democrat had won, until a Republican observer changed his mind and a Republican Circuit Court panel of judges agreed with him. That was followed by a rejected court challenge by the Democrat, today's random drawing to determine the winner of that court-declared tie, a likely second "recount" to come in the same race, a court challenge to a separate very close race in the 28th district decided by 73 votes with at least 147 voters receiving the wrong ballot entirely, and Democrats across the obscenely gerrymandered state having out-voted Republicans by a "landslide" 10% margin in the November 7, 2017 elections.

We detail all of that today --- including my brief, if telling, email conversation with the election official in the city of Newport News who supposedly oversaw the race in the 94th district. And, for the record, here is a JPG of the one single ballot in question which led to the current tie.

Then, in other election related news, we move on to Donald Trump's monumentally failed "voter fraud" Commission, disastrously helmed by longtime GOP "voter fraud" fraudster and Kansas Sec. of State Kris Kobach. The Commission, created after Trump's evidence-free assertions that millions of unlawful votes were cast against him in 2016, has been besieged with lawsuits against it, including by one of its own Commissioners. But there may be another reason that Trump suddenly, and without notice to anyone, disbanded it entirely by Executive Order on Wednesday evening: he got mad at Steve Bannon. Democrats and voting rights advocates are rejoicing after the news, but will the dissolution of the Commission result in even more concerns for advocates of free and fair elections?

Speaking of which, heads up! Trump's Dept. of Justice appears to have a new idea for how to game the 2020 Census (which is also an election-related issue).

Finally, Desi Doyen joins us for a bone-chilling first Green News Report of the new year, as a dangerous blast from the melting Arctic slams much of the country, the Trump Administration guts even more environmental and safety regulations over the holiday weekend when few were noticing, before announcing a new disturbing scheme today to open up 90 percent of nation's off-shore oil reserves to new commercial drilling.

The wheels seem to be coming off both the world and the Trump Administration. We'll hope for the latter in time to prevent the former...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Buckle up!...

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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: If Donald Trump and fellow Republicans have their way, an accused child molester will become the next U.S. Senator from Alabama. But, in advance of next Tuesday's election, election integrity advocates are fighting to assure the possibility of oversight of the state's computerized election results. [Audio link to show is posted below.]

But first up today, new wildfires exploded across parts of Southern California on Tuesday, in Ventura County and near Los Angeles, mirroring some of record fires that engulfed Northern California win country in October. Those fires killed more than 40 people and destroyed thousands of structures. While no deaths have yet been reported in the new blazes, tens of thousands of residents were forced to flee in the middle of the night and scores of houses have burned with thousands remaining threatened, as dry conditions and record winds are predicted to continue for several days.

Meanwhile, in Congress, allegations of sexual harassment continue to take a toll, as civil rights champion Rep. John Conyers (D-MI), the longest serving member in the U.S. House, announced his resignation on Tuesday, following multiple allegations against him. On the other side of the aisle, Rep. Blake Farenthold (R-TX) says he will repay the $84,000 Congress paid out to settle a 2014 sexual harassment claim against him. Unlike in Conyers' case, no members of Farenthold's own party caucus have publicly called on him to resign.

And, following Donald Trump's full-throated endorsement of Alabama's Republican U.S. Senate nominee Roy Moore on Monday, the Republican National Committee has now restored funding and other resources for Moore, after previously pulling support in response to well-sourced allegations of sexual impropriety with a number of teenage girls, as young as 14, when he was a prosecutor in his 30s. Sitting GOP Senators --- like Utah's Orrin Hatch and Majority Leader Mitch McConnell --- have also walked back their initial condemnations of Moore, particularly as final passage of a massive Republican redistribution of wealth from the middle-class to the rich still relies on a thin partisan majority in the U.S. Senate. That, even as new evidence emerges to buttress the allegations against Moore.

Then, in advance of that December 12th U.S. Senate Special Election between Moore and Democrat Doug Jones next Tuesday in Alabama, election integrity advocates are eying concerns about the state's paper ballot computer tabulators.

I'm joined today by longtime election integrity champion JOHN BRAKEY of AUDIT-AZ to discuss his lawsuit and other efforts to force Alabama election officials to turn on digital "ballot imaging" functionality for all ballots on the state's computer ballot scanners, most of which offer the feature. Brakey explains how such images, in lieu of actual human examination of hand-marked paper ballots, can be helpful for public attempts at oversight of results following next week's race, particularly given the historic obstacles citizens have been met with in attempting to verify computer tabulated results.

(See, by way of just one example, my recent interview with Wisconsin's Karen McKim, whose public records request finally allowed, just weeks ago, a multi-partisan group of observers to examine paper ballots from the 2016 President election. That audit of several precincts in Racine County, paid for by the residents themselves, revealed up to 6% of perfectly valid Presidential votes went untallied, thanks to flawed optical scan systems used across the state on Election Night and, in much of the state, even during even during Green Party candidate Jill Stein's attempted "recount". Other wards which tallied by hand instead during that "recount" discovered as many as 30% of valid votes went untallied originally!)

Brakey explains that some 80% of Alabama counties now use newer digital scanners which would allow ballot images to be retained and shared with citizens to examine after the election, to help ensure an accurate count. But, he tells me, relaying his recent conversations with the state's Election Director, "the reality is that it doesn't work unless you turn that feature on." Right now, he says, it is only turned on for write-in votes only. Brakey charges, however, that automatically deleting images that are taken of every ballot as they are tallied by the digital systems, is a violation of federal law. "It's a federal election, and under federal law, you must save everything for 22 months," he says. He is heading to Alabama today and says he will file suit to force the state to retain all such images.

Why not just fight to view the actual paper ballots? Brakey explains: "You cannot get at the original ballots. They will not let you touch them. In order to get to them, you have to prove fraud first. And how are you going to prove fraud if you can't get to the ballots? That's the Catch-22. The ballot images are a tool to get us to the originals."

You can watch the colorful and inspirational Brakey in the film Fatally Flawed, documenting his years-long transpartisan fight in Tucson, Arizona, in hopes of examining the ballots from and verifying results of a controversial 2006 election. And you can donate to help Brakey's fight for Ballot Images in Alabama (and elsewhere) right here.

Finally, Desi Doyen joins us for the latest Green News Report on Trump's unprecedented (and Orwellian) roll back of protected national monument designations by former Presidents, and much more...

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