After a not-nearly-long-enough break, The BradCast is back for the new year, when everything will be entirely better than the old year, right? Well, if the last several days of insanity that we now refer to as "news" is any indication, the answer is: "Not so much!"  It will be impossible to adequately cover all we discussed on today's program in today's summary. But, we'll give you the basics here and hope you tune in for the full story. [Audio link to full show is posted below summary.]

While we were off, both houses of Congress overrode Donald Trump's ridiculous veto of the "must-pass", $780 billion National Defense Authorization Act to fund the military for another year. But GOP Senate Majority Leader Mitch McConnell was nonetheless successful in preventing Americans from receiving $2,000 pandemic checks, despite best efforts of Democrats, a tiny, uninspiring handful of Republicans, and even Trump himself. That, as the nation clocked an unfathomable 350,000 COVID deaths, which is the equivalent of blowing up about 17 sold-out NBA arenas and killing every single person in every single one of them, or 115 9/11s over the past 10 months in the U.S.

With that, the new 117th Congress convened for the first time on Sunday, with a narrow majority for Republicans in the Senate (pending Tuesday's two U.S. Senate runoffs in Georgia) and with a narrow majority for Democrats in the House, where they elected Nancy Pelosi as Speaker for another two years.

Despite all of that pretty big news, it all seemed to pale in comparison to Donald Trump's ongoing electoral death rattle. With concerns about how our unstable President may react as his days in office dwindle, every living former Defense Secretary (10 of them, Republican and Democratic, including the two fired by Trump and even Dick Cheney, who was apparently concerned enough that he reportedly led this effort), published a short, sharp group op-ed, making it crystal clear that any "efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory," and that "civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic."

Even as that was being published on Saturday, Trump was on the phone for an unhinged hour with the Republican Secretary of State of Georgia, haranguing, threatening and cajoling him to change the state's Presidential election results to award the state's electoral college votes to Trump. We play part of that call, which may have been in violation of both state and federal laws, on today's show. We do not do it justice. The Washington Post has published the full bonkers audio and transcript, including Trump's long-ago debunked fraud claims and repeated false assertions that he won the state by about a half million votes (he lost it by about 12,000) and that he just wants "to find 11,780" votes to "win" the state.

The news of that madness came on Sunday, as Georgia will have it's last day of voting in two U.S. Senate runoffs to determine partisan control of the Senate for the next two years on Tuesday, and as the new Congress meets in a joint session on Wednesday, January 6th, to affirm (or not) the results of Biden's Electoral College victory over Trump by a seemingly comfortable 306 to 232 margin.

Over the weekend, however, more than a dozen Republican U.S. Senators led by 2024 hopefuls Josh Hawley of MO and Ted Cruz of TX, announced they intend to challenge the Electoral College results on Wednesday during what is normally a pro forma procedural affair presided over by the President of the Senate (Vice President Mike Pence, in this case).

And this bring us to crux of where we are and what could happen on Wednesday, as Republicans continue to claim --- through failed lawsuits and other protests --- that the Electoral College Act (ECA) of 1887, which has determined the procedure to be used on Wednesday for about 150 years and 33 Presidential elections without question, is somehow a violation of the Constitution's 12th Amendment.

If Republicans can figure out how to make this argument on Wednesday --- with Pence potentially holding the reins to help them --- we could find ourselves in a Constitutional quagmire leading to....lord knows what.

We're joined today to help explain all of this madness by longtime election integrity advocate, election law scholar and democracy activist, PAUL LEHTO. He argues that, despite so many claims to the contrary (by many of the same folks who said that Trump could never become President back in 2016, by the way) there is, in fact, still a "path" for Trump and his Republicans to steal the election from Biden on Wednesday.

Tune in for the details, but it has to do with how the 12th Amendment says that questions about the validity of Electoral Votes should be dealt with (via a one vote per state vote in the U.S. House), versus how the ECA handles such challenges (with a regular, up or down majority vote in both houses needed to support such a challenge.)

Why is this even a question at this point? Lehto explains in detail.

He also cites the lesson that we should learn from all of this madness: "What we should learn is that what you and election integrity activists have talked about now for decades is coming home to roost," Lehto explains. "And that is that a big, big part of this is the inherent uncertainty when votes are purely processed through computers. Nobody really knows --- until there's a hand recount --- what the result is, and partisan people can attach to that uncertainty and that doubt any theory that they wish to in order to keep hope alive."

"So we need a voting system that leaves no doubt as to that result . And in order to have that you have to have transparency," he says, adding: "Basically, this is all the chickens coming home to roost, in terms of our non-transparent voting system."

There's more. But, again, you'll need to tune in for it. Happy New Year?...

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The good news for today's BradCast is that, thanks to so much breaking news on yesterday's show, we've got at least one encouraging new piece of news on a story that we had to bump yesterday regarding Donald Trump's absentee voter fraud felony in the state of Florida. Between that and the false claims made by him and U.S. Attorney General Bill Barr and Arkansas Sen. Tom Cotton (in the pages of the New York Times, shamefully enough) charging that "antifa" is behind the violence seen at some of the mostly peaceful protests across the country over the past week and a half, we've got a lot of fact-checking to do on today's program. [Audio link to full show is at bottom of summary.]

First, Times staffers are livid that that the paper of record gave space to Cotton for an editorial on Wednesday calling for U.S. military troops to be deployed across the country against U.S. citizens under the Insurrection Act. The far-right Republican Senator charged in the piece that "cadres of left-wing radicals like antifa [are] infiltrating protest marches to exploit [George] Floyd's death for their own anarchic purposes." His remarks echo those of Trump, who, on Sunday, declared (falsely) that antifa will be designated as "a Terrorist Organization". In fact, antifa is not an organization. It's a movement of people who oppose fascism and authoritarianism and there is no such federal designation for domestic organizations, even if antifa was one. But the calls of Trump and Barr and Cotton echo what the Times itself described as "misinformation" just two days earlier in an article debunking that myth and several others related to the protest and being circulated widely (and falsely) on social media.

Moreover, the charge that antifa is behind the violence at protests is contradicted by intelligence reports this week from both the FBI and DHS, which find little evidence of antifa involvement, but seem to find plenty of evidence that rightwing white nationalist groups have organized to instigate chaos at otherwise peaceful demonstration around the nation. Continuing video tape evidence of police violently abusing peaceful protesters, including on Wednesday night after many of the demonstrations had otherwise calmed down, doesn't help either. But this week Twitter reported they'd shut down a European white nationalist group posting as "@ANTIFA_US" and tweeting out, for example, messages with a brown raised first emoji and declaring: "Tonight's the night, Comrades. Tonight we say 'F--- The City' and we move into the residential areas... the white hoods.... and we take what's ours."

While that account has been shut down, the white nationalists on the street have not all been. We still do not know the identity of the white man with full face gas mask (pictured above) and a black umbrella, who strolled down the sidewalk in front of the Minneapolis AutoZone last week with a hammer by his side, casually smashing each window of the store. Protesters tried to stop him and to identify him before he slipped away, leading Minnesota Attorney General Keith Ellison to post the video of the man on Twitter, along with the remark: "This man doesn't look like any civil rights protester I have ever seen. Looks like a provocateur. Can anyone ID him?"

And yesterday, in Las Vegas, AP reported on terrorism charges filed against three Nevada men with ties to a rightwing extremist group. They were arrested on Saturday heading to a protest on the Strip after "filling gas cans at a parking lot and making Molotov cocktails in glass bottles," according to the criminal complaint obtained by AP. Two of the men, according to an informant, "discussed causing an incident to incite chaos and possibly a riot, in response to the death" of George Floyd. They are all said to be members of the anti-government "boogaloo" movement, advocating for a new civil war.

It seems its easier to find strawmen to blame for years of systemic racism rather than take responsibility for it. That seems to be what Trump, Barr, Cotton, Fox "News" and all the rest of those looking for someone else to blame for Floyd's death and the resulting outrage seem to be doing. It doesn't seem to be working. But that won't stop them from trying to play a whole bunch of folks just months before the next Presidential election.

Speaking of...as we reported several weeks ago, Donald Trump --- who has been making myriad false claims about absentee voter fraud for weeks now --- is, himself, a voter fraud criminal after illegally voting in Florida this year, by absentee ballot, despite having no lawful permanent residence in the state.

While he claimed late last year to have moved his permanent residence from New York to his Mar-a-Lago club in Palm Beach, his original 1993 agreement with the city when he purchased the property and turned it from a single-family residence into a commercial club, required that nobody could actually live there. So, yes, that is voter fraud, and people in Florida have been charged and even jailed for much lesser infractions of the Sunshine State's elections code.

Yesterday, the Washington Post reported another noteworthy point or two on this story, with yet another update to it today. On Wednesday, the paper reported that Trump, when he filed his Florida voter registration [PDF], listed the White House at 1600 Pennsylvania Ave. as his "legal residence". That means his legal residence is not in Florida and he is, therefore, not allowed to vote there. A month later it appears he tried again, this time specifying Mar-a-Lago's address as his "legal residence." It's unknown what happened in the 31 days between the first and second registration, but maybe Florida generously granted him a mulligan. Of course, that still doesn't make his declared residence at his commercial property in Palm Beach a legal domicile in the state.

Making his case even worse, on Monday, during his infamous phone call with the nation's Governors (in which he described peaceful protesters as "terrorists" and instructed the Governors to "dominate" them or he would send in U.S. troops to do so), he stated: "I live in Manhattan". Oops. That prompted Democratic election attorney Marc Elias to tweet: "Sounds like New York may have a good claim for taxes. And Florida for voter fraud."

And, on that point, the Post updated its story today with the news that a Florida resident has now filed a formal election fraud complaint against Trump, which is what we've been calling for weeks! Under Florida law, the state is now required to investigate the complaint. And because it's a violation of state, not federal, law there is nothing to my knowledge that should prevent the President from being charged with felony voter fraud there. He did it. He should be charged with fraud.

When we painstakingly detailed the voter fraud by former GOP superstar Ann Coulter more than a decade ago after she illegally lied about her address in Palm Beach on her registration application and then unlawfully voted at a precinct she was not entitled to vote in, the state slow-walked their investigation until the statute of limitations ran out. (She also got a helping hand from a former FBI boyfriend). We'll hope that Florida Law Enforcement doesn't try something similar here. Though it would be much harder to do in this instance, given that the crime happened just months ago in this case.

Finally, Desi Doyen joins us for our latest Green News Report, with coverage of a tropical storm barrelling towards the Gulf Coast; evidence that global warming is increasing extreme rainfall events in North America; a new study finding that building new wind and solar plants is now cheaper than using existing coal power plants; and the good news that the University of California is divesting it's $120 billion endowment from all fossil fuels...

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IN TODAY'S RADIO REPORT: Trump's escalating trade war hits U.S. natural gas industry; Administration ices Arctic Council declaration over climate change wording; Houston floods again as U.S. just saw its wettest year on record; PLUS: The UK and Scotland ratchet up action on our 'climate emergency'... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Nearly all countries agree to stem flow of plastic waste into poor nations (except for the U.S.); Saudi oil tankers among those attacked off UAE amid Iran tensions; $2 billion verdict against Monsanto is 3rd to find Roundup caused cancer; Britain sets record of 7 days without coal power; CEI uses new White House Rule to undermine U.S. climate policy; Climate change jumps to biggest risk for insurers; Kelp: the climate-friendly vegetable you ought to eat; Scientists say they've cooked up an endlessly recyclable plastic... PLUS: Loving a vanishing world... and much, MUCH more! ...

On today's BradCast: Understanding two new, seemingly conflicting directives on "dark money" in campaigns --- one of them very encouraging --- and a new complaint filed with the Federal Election Commission charging several GOP Senators unlawfully colluded with the NRA during the 2014 and 2016 elections. [Audio link to show follows below.]

But, first up today, adjusting some numbers! In this past Tuesday's very close U.S. House Special Election in Ohio's (previously, very Republican) 12th Congressional District, the Trump-endorsed GOP candidate Troy Balderson was reportedly up over Democrat Danny O'Connor by just over 1,700 votes out of about 200,000 tallied on election night in the closely watched, bellwether race. On Wednesday, however, Franklin County's Board of Elections discovered an electronic cartridge from one precinct, with 588 votes stored on it, had not been included in the original unofficial tallies. With those ballots now added, O'Connor has netted 190 additional votes over Balderson, lowering the current unofficial margin in the contest to just 0.8 points. A margin of 0.5 or less would trigger an automatic "recount", as thousands of provisional and late vote-by-mail ballots are still being processed.

In Kansas, Tuesday's even tighter race between Sec. of State Kris Kobach and Gov. Jeff Colyer for the GOP gubernatorial nomination, saw its margin cut by more than half, from 191 votes to just 91, out of some 311,000 cast. The adjustment appears due to an incorrectly entered number by the Sec. of State's office on Tuesday night. The controversial, hard-right Kobach's razor-thin lead may further erode (or expand) as some 10,000 provisional and late mail-in ballots are still to be processed. A recount in that contest is all but certain.

Meanwhile, Puerto Rico, in an official statement to Congress, now acknowledges that at least 1,427 were killed during and after Hurricane Maria last year, a vastly different figure than the island's still-official death toll of 64. The new numbers place Maria's death toll much closer to the 1,833 said to have been killed during and after 2005's Hurricane Katrina. We discuss why it has been so difficult for Puerto Rican officials to acknowledge those far-higher numbers, long ago estimated by many experts.

Then we're joined by BRENDAN FISCHER, Associate Counsel at the Washington D.C.'s Campaign Legal Center (CLC), to help explain several important, if seemingly conflicting, pieces of campaign finance related news. About two weeks ago, the Treasury Department announced that non-profits who spend money on political campaigns --- so-called "Dark Money" groups --- would no longer be required to disclose the names of their donors to the IRS. The timing of that new policy, Fischer notes, "was pretty terrible. It happened on the same day that federal prosecutors charged Maria Butina with being an unregistered Russian agent who tried to influence American politics through the NRA, which had spent at least $35 million through its 501c4 [non-profit political action committee] arm during the last election cycle."

"So, if you're concerned about foreign money in elections, you should be really concerned about the Treasury Dept. stating that 501c4s, like [Karl Rove's] Crossroads GPS or the NRA, no longer have to disclose their top donors to the IRS."

Then, a week or so later, last Friday, a federal judge ordered the Federal Election Commission (FEC) to rewrite their current rules, within 45 days, in order to require the disclosure of the names of donors to many of those same "dark money" groups. Fischer details how the new mandate from Judge Beryl Howell, Chief Judge of the U.S. District Court for the District of Columbia, differs from the Treasury Dept. directive and, in fact, could be very good news indeed for those who believe in transparency and public oversight of elections!

"If the FEC was doing its job, then it wouldn't matter quite so much if the IRS was not collecting this information," Fischer tells me. "Judge Howell said that the FEC has been failing at its job, and it needs to go back to the drawing board and draft new rules that are going to ensure effective donor disclosure for certain types of political advertising."

"Judge Howell's decision is a reminder that the FEC is largely to blame for the rise of dark money. It's not just the Supreme Court's decision in Citizens United, it also is in large part the fault of the FEC for failing to enforce the laws that are on the books. The Supreme Court has endorsed donor disclosure, and the laws passed by Congress say that donors to politically active dark money groups must be disclosed. It falls to the FEC to draft the rules that interpret laws passed by Congress and to enforce those rules. But what the FEC has done is draft rules that narrow the donor disclosure laws passed by Congress, and then they failed to enforce even those narrow rules."

While acknowledging the new ruling as "a very big deal", Fischer explains why questions remain as to whether the ruling will be (or even can be) appealed and how the current vacancies on the FEC may prevent them from being able to act within the time ordered by Judge Howell.

In a separate, if somewhat related matter, Fischer details CLC's recently filed complaint with the FEC charging that the campaigns of four different Republican U.S. Senators unlawfully coordinated with the NRA's political action committee in violation of long-standing campaign finance laws during the 2014 and 2016 elections. The GOP Senators named in the complaint: Ron Johnson (WI), Tom Cotton (AR), Cory Gardner (CO) and Thom Tillis (NC).

Finally, Desi Doyen joins us for the latest Green News Report, with still more record heat, pushback from California against the Administration's attempt to undermine state mileage and emissions standards, and the extraordinary revelation that Trump's EPA is actually attempting to bring deadly asbestos back! Seriously!...

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On today's BradCast, Congressional GOP leadership continues to ram their "ObamaCare" repeal and replacement bill through House Committees, even as the future of their American Health Care Act remains uncertain with Republican opposition in both the House and Senate, not to mention growing opposition from health care advocacy groups. But that's just one of the potential battles on the near horizon amongst Republicans in the House, Senate and White House. [Audio link to show posted below.]

Donald Trump's budget proposals include a huge increase in military spending and huge cuts across the board to domestic programs --- and just about everything else --- in order to pay for it, including taxes and cuts to the IRS itself, by itself, will cost the government billions in revenue alone. (The IRS brings in $4 for every $1 that funds it --- so why would the GOP and Trump want to cut it? We discuss.)

But the question of whether Republicans in the House and Senate can come to terms with the White House, much less each other, on spending priorities is another matter entirely. Journalist Alice Ollstein of Talking Points Memo joins us from Capitol Hill today to discuss what may be ahead for the upcoming budget battle that could include, yes, another Government Shutdown (today the Treasury Department announced we will hit the debt ceiling against next week) and even an attempt by Trump to circumvent the law entirely, "because you can't legally do what President Trump wants to do," she explains.

By way of just one example of surprises that Trump may encounter even with a friendly Republican Congress, Ollstein explains: "I am hearing a lot of opposition from Republican lawmakers, especially to cuts to the State Department, saying 'We do not support cutting the State Department's budget by a third, because diplomacy keeps us safe and would make us eventually have to spend more on war.'" Those proposed cuts to State, 37% of their current budget, have already been opposed by Trump's own Secretary of Defense James Mattis, among others.

Ollstein also cites "the ghost of Ronald Reagan" as a specter that could end up haunting Trump's plans, since he seems to be following a path for radically growing the military, cutting taxes and blowing out the deficit in the bargain, a model that even Reagan ultimately had to try and roll back. "So, we'll see if this Trump plan, that is sort of Reagan 2.0, goes forward" at all, she explains.

Finally, we close today with some listener e-mail from Costa Rica, on what a national health care system, actually looks like in a civilized country...

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Today on The BradCast, the transition officially begins and the prospect of years of progressive policies begin to roll back. [Audio link to show posted below.]

Donald Trump met with President Obama at the White House today for a chilly, if cordial transition meeting, as the world continues to try and make sense of it all. Joining us to help in that task today is award-winning opinion journalist and our old friend Heather Digby Parton of Salon and the Hullabaloo blog, back by popular demand. She was with us to warn, on the day Trump entered the race in June of 2015, that he would be a force to be reckoned with, while so many others scoffed.

Today we examine, among many other things, the media's role in helping to normalize Trump while demonizing Hillary Clinton, and we begin to process just some of the dangers that the 'President-elect' now presents to not only Obama's eight years of progress, but to the world and the planet. For example, see Sen. Tom Cotton (R-AR) minimizing waterboarding again, and suggesting that torture will once again be back on the table --- just as Trump had promised during the campaign.

"What I saw [on Election Night] was the [media's] shift to suddenly seeing Donald Trump as a normal politician," Parton explains. "The campaign has been disappeared. That odious campaign that we just watched him run. The one where he promised to lock up his rival, torture terror suspects, put guns in schools, the most horrifying agenda we've ever seen from a major party candidate, and delivered in the most cretinous fashion that it's ever been delivered --- that is gone. There is no remnant of it in the media. What we're seeing now is a nice, mainstream Republican candidate who appealed to 'Real Americans' and spoke to their needs, and we need to welcome him. A lot of the commentary is that Democrats really need to reach out to him and to his followers and make up for the fact that they were so rude to him."

We try to un-disappear some of Trump's "disappeared" campaign promises a bit today, while noting that there is now little, if anything, to stop the very worst of those them --- from torture to massive tax cuts to gutting any and all financial and environmental regulations --- from being adopted by the new Administration and a compliant Congress and Supreme Court. We also discuss the role that Obama and the Democrats have in Republicans' ability to revive the very worst of the George W. Bush Administration war crimes and more, since they refused to bring accountability previously. And, speaking of accountability, Parton offers her thoughts on progressives who voted for third parties this year.

Finally, Desi Doyen joins us for a our first Green News Report since the election, for a look at what President Trump will mean for the environment, energy and the UN climate agreement....

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Lots of deserved criticism of late for Arkansas' freshman U.S. Senator Tom Cotton (R-Neocon Tea Party) for the ridiculously condescending (and, ironically, Constitutionally inaccurate) letter he authored to Iran in hopes of undermining sensitive negotiations concerning their nuclear program.

But while Cotton richly deserves all the criticism he is now roundly receiving, even from some in his own party, let's please not forget about the other 46 U.S. Senators, all Republican, who also signed onto that letter.

This was not a hundreds-of-pages-long bill or something. It was five simple paragraphs long and each Senator appears to have signed onto it by hand. They have no excuse.

You've probably heard about it, but may not have actually read it in full. Until I did, I figured it was likely another bit of obnoxiousness from the GOP, akin to inviting Netanhayu to speak to Congress without White House approval, but the outrage around it was largely a partisan attack from Democrats against Republicans who'd written the letter for the usual, silly partisan reasons.

But it's way worse than that. It's unprecedentedly obnoxious, embarrassing and just childishly condescending. And it doesn't take any particular allegiance to the Democratic Party or the White House to see that. It just jumps off the page.

Again, it's just five grafs long and rather astonishing. Read it, if you haven't. It's posted in full below or read the PDF. And remember: 47, theoretically grown-up U.S. Senators actually signed onto this thing. On purpose. Including the entire GOP leadership in the U.S. Senate, none of whom had the adult sense to stop them!...