On today's BradCast: Some brakes --- some --- may now finally be applied to our ongoing Trump-induced national emergency, in the wake of his election two exhausting years ago. [Audio link to show is posted below.]

Despite shameful obstacles placed in front of voters across the country during Tuesday's midterms, Democrats managed to wrestle back control of the U.S. House of Representatives by flipping at least 27 seats, as of airtime, with the results of several other races still unknown, according to unverified computer tabulation in all 50 states. Setting aside partisan issues, women and diverse candidates were the biggest winners yesterday...along with the American people.

At the same time, the GOP reportedly picked up several seats in the U.S. Senate, even while Democrats racked up some very important (and, occasionally stunning!) wins at the gubernatorial level. Those wins and losses (including Scott Walker ousted and Kris Kobach denied!) are likely to reverberate for the next decade, as the next round of redistricting occurs after the 2020 census.

Today we review as many of the noteworthy reported results from House, Senate and Governor races as we can possibly jam into one single show....and then we hit several important ballot initiative results as well.

Moreover --- and, perhaps, as importantly --- we look at several "too close to call" races where no winner has yet been declared by media and/or a number of contests with outcomes worth questioning, including in Florida, Georgia, Texas and elsewhere. (If only every candidate sounded like Georgia's Stacey Abrams at the end of a reportedly very close election night!)

Election Day may be over, but the fight for public oversight of results may just be beginning.

Oh, and as we long predicted would happen if results didn't go Trump's way on November 6, today he fired Attorney General Jeff Sessions to begin his move against Special Counsel Robert Mueller. Nonetheless, for today at least, we won't allow Trump to hijack our news cycle on The BradCast...

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On today's BradCast: Who could have foreseen it? Oh, yeah, we did. For months. Years, actually. At this point, even decades. [Audio link to show follows below.]

American voters finally had their chance on Tuesday to respond to the ongoing, two-year national emergency precipitated by the 2016 election of Donald Trump and full Republican control of Congress. Control of the U.S. Senate, the U.S. House and dozens of governorships were up for grabs today. But Election Day 2018 was --- yet again --- marred by completely predictable disasters for voters, including hours-long lines and failing voting and registration computers at polling places across the country.

Today we cover just some of the worst reported messes (there are still more to come to light and many more that we simply couldn't get to)...

• In New York City, where paper ballot computer scanners failed leading to hours-long lines across city;

• In Georgia, where many voters in African-American precincts stood in line for hours due to failing electronic pollbook systems and too few 100% unverifiable touchscreen voting machines (amid the tight race between the vote-suppressing GOP Sec. of State and Gubernatorial candidate Brian Kemp and his African-American Democratic opponent Stacey Abrams);

• In North Carolina, where high humidity and a very long ballot reportedly prevented scanners from accepting them in a number of precincts in Wake County (Raleigh);

• In South Carolina, where oft-failed, 100% unverifiable touchscreen voting systems made by ES&S were reportedly flipping votes and officials were (outrageously) said to be making calibration adjustments to them in the middle of Election Day (a very dangerous idea!);

• In Kansas and Missouri where voters also reportedly fought with many problems, incluing long lines, voting systems that failed and poll workers unlawfully demanding Photo IDs to vote. In Kansas, Sec. of State and GOP "voter fraud" fraudster Kris Kobach is overseeing his own very tight race for Governor, and in Missouri, Democratic U.S. Senator Claire McCaskill is fighting for her life as Democrats hope to claw back a majority in the U.S. Senate or keep Republicans from expanding their current one.

Then, we're joined by Emmy award-winning journalist and documentarian LULU FRIESDAT with a troubling exclusive report for us out of Dallas County, Texas, amid the reportedly close contest for U.S. Senate between Republican incumbent Ted Cruz and his popular upstart Democratic challenger Beto O'Rourke.

Friesdat reports on two different serious concerns out of the Long Star State's second-most populous county, where numbers reported by the County's ES&S tabulators from the state's March primary are still not adding up correctly (yes, months later, questions are still emerging), and from the County's counting room, where a Texas election integrity group is reporting today that a computer in the tabulation facility appears to be hooked up to WiFi. That Friesdat tells me, is highly unlawful and potentially very troubling for a number of reasons.

"It is not okay for it to be around voting machines and tabulators, because that is one of the easiest ways for election results to be hacked," says Friesdat, who has been covering concerns about voting systems for many years now. "So there are usually very, very clear laws regarding internet connectivity or Wi-Fi in a tabulating area. And that is the case in Texas. They have laws that forbid Wi-Fi or connectivity." That, in a county where their vendor is ES&S, the nation's largest voting machine vendor, which recently lied to the New York Times about whether their systems include remote access software. (Turns out many of them do, but that's not what they initially told the Times, even as it still remains unclear which counties use ES&S systems with such capabilities, and even with cellular modems.)

Friesdat does close on a positive note, however, noting that many in the public are becoming aware of these concerns and that observations by the public are helping. "The more people get involved and keep looking, down to the nitty gritty, what's going on in your elections --- it's helping, folks! Keep it up!"

Finally, Desi Doyen joins us today for our latest Green News Report, with some bad news about plastic and the air we breathe, but some good news from the U.S. Supreme Court (believe it or not) and from the World Bank, which has now said it will no longer help finance coal-fired power plants anywhere in the world, because renewables are now cheaper than coal.

Results --- as reported...probably --- tomorrow...

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Among the many stories covered on today's BradCast, with vigor and no small amount of occasional vitriol. [Audio link to show follows below.]...

• The catastrophic and climate change-fueled Hurricane Michael made landfall in Florida on Wednesday as a deadly and unprecedented Category 4, the strongest ever to strike the Panhandle since record keeping began in 1851;

• In not unrelated news, another major coal company, one of the nation's oldest, declares bankruptcy. It's the fourth to do so in the past three years;

• ExxonMobil gets some great publicity from Bloomberg by spending just $1 million (which they generated every two minutes in 2017) in pretending to support a carbon tax scheme (that would benefit them anyway);

• The U.S. Supreme Court allows a lower court's voter ID ruling to stand in North Dakota, despite the fact that the rule is a change from voting laws used during the April primary and is now likely to result in the disenfranchisement of thousands of Native Americans in a state where Democratic Sen. Heidi Heitkamp faces re-election after winning by just 3,000 votes in 2012. (Here's the ridiculous effort that thousands of Native Americans without a residential address, as now required by ND law to vote, must now go through to get one registered somehow before November 6th.);

• A state court in Missouri blocks part of their new voter ID law for being "contradictory and misleading" and "impermissibly infring[ing] on a citizen's right to vote" in the state where Democratic Sen. Claire McCaskill is in a very close re-election battle. Her opponent, Republican Attorney General Josh Hawley is defending the law and is likely to seek an appeal from a higher state court;

• After Georgia's Republican Sec. of State Brian Kemp was found to have purged hundreds of thousands of voters from the rolls over the past several years, AP finds that some 53,000 voter registrations are currently in a suspended state due to GA's "exact match" rule, which allows election officials to block registrants whose names aren't listed identically to the way they are on found on file at either the state's Department of Driver Services or the Social Security Administration. A missing hyphen or a typo by officials entering a name into one of the databases is enough to result in a suspension which, the AP finds, is disproportionately keeping black voters off the rolls. 70% of those blocked are African-Americans, even though GA’s population is just 32% black. Kemp is currently running for Governor against Stacey Abrams who, if successful on November 6th, would become the nation's first African-American female Governor;

• Some listener mail on a recent show regarding West Virginia's Sen. Joe Manchin, who voted in favor of Brett Kavanaugh's confirmation to the U.S. Supreme Court last weekend, as the coal state Democrat faces re-election after WV voted for Trump by 42 points in 2016;

• And, finally, a viral musical ditty to close us out today on the "very scary time for young men," as Donald Trump appallingly described it, following the multiple credible allegations of sexual assault by now-Supreme Court Justice Kavanaugh...

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On today's BradCast, the GOP's far-right take-over of the U.S. Supreme Court for generations --- including one blatantly stolen seat and two men accused of sexual misconduct and/or assault --- is now all but complete, and we discuss an upcoming SCOTUS case that some have cited as reason for the Trump/GOP panic to get their man on the bench as soon as possible. [Audio link to show is posted below.]

On Friday, the four theoretically previously-undecided U.S. Senators announced how they planned to vote on the confirmation of accused sexual assaulter and confirmed liar Brett Kavanaugh for his lifetime appointment to SCOTUS. Republican Sen. Lisa Murkowski of Alaska announced her intention to vote against him, while Republicans Susan Collins of Maine, Jeff Flake of Arizona and Democrat Joe Manchin all declared they will vote in favor of the most contentious nominee to the high court, perhaps in U.S. history. We discuss what all of that means today, moving forward, as the far-right cements its stolen majority. As you might imagine, both Desi and I have some thoughts on all of that today.

Then, we're joined by legal historian and Fordham Law School professor JED SHUGERMAN, author of The People's Courts, to discuss the upcoming Supreme Court case that many Trump opponents have cited in recent days as one of the explanations for Republicans' apparent panic to seat Kavanaugh on the Court as quickly as possible. The case, Gamble v. U.S., involves what some on both the Right and civil libertarian Left consider to be unconstitutional double jeopardy regarding an Alabama man who was convicted at both the state and federal levels for unlawful possession of a firearm. Some Trump critics have suggested, depended on how its decided, that the case could result in states being barred from prosecuting Donald Trump, his associates, or his family members in the event that they are pardoned at the federal level.

Shugerman --- who was one of more than 2,400 legal professors to sign on to a recent letter published by the New York Times calling on the Senate to reject Kavanaugh's nomination due to his lack of appropriate judicial temperament --- explains why he believes the Gamble case poses no threat to state prosecutions of Trump and/or his associates, nor to Special Counsel Robert Mueller's investigation and prosecution of Team Trump.

He also explains today why he signed the public letter opposing Kavanaugh, how it now may affect lawyers who signed it when arguing cases before Justice Kavanaugh, why he believes the GOP has been in such a hurry to seat Kavanaugh, and the "completely unprecedented" public opposition to him by former Supreme Court Justice John Paul Stevens.

Shugerman also describes some of his major concerns for the Court once Kavanaugh is finally in place: how Chief Justice John Roberts is going to be forced to deal with it. "How is he going to manage this explosive controversy and the unprofessional conduct, the injudicious conduct, of Judge Kavanaugh? How will he restore consensus to this Court? How will he manage Judge Kavanaugh, given that he should have reason to fear that Judge Kavanaugh cannot be balanced, and won't be perceived to be balanced when he's on the Court?"

Finally today, some listener mail regarding more voter registration problems via the vote.org service (we recommend registering either in-person or via your Sec. of State or County website, rather than via third-party app, is possible); the first reports of 100% unverifiable touchscreen vote-flipping in the general election (in the very close U.S. Senate race in Missouri between Democratic Sen. Claire McCaskill and her GOP challenger Josh Hawley); and Willie Nelson's new song, Vote 'em Out!, debuted for the first time at last weekend's 55,000-person rally in Texas, in support of Democratic Congressman Beto O'Rourke's surging campaign against Lone Star State Republican Sen. Ted Cruz...

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

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

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

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

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

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

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

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

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

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On today's BradCast, another blockbuster report confirms vulnerabilities in our nation's voting systems that I've been trying to warn about for more than a decade, and several other stories not receiving the dire attention merited this week. [Audio link to complete show is posted below.]

In advance of Tuesday's highly contested U.S. House Special Election in Georgia's 6th Congressional District --- the most expensive House race in U.S. history --- Politico Magazine's Kim Zetter offers an absolutely chilling bombshell of a report headlined "Will the Georgia Special Election Get Hacked?" She reports that gigabytes of unsecured data --- including passwords for e-voting system central tabulators, voter registration databases and much more were kept on a wholly unsecured web server, potentially for years, at Kennesaw State University's Center for Election Systems.

The KSU Center, as they describe on their website, was "created and charged with the responsibility of ensuring the integrity of voting systems in Georgia" since the state adopted its statewide, 100% unverifiable Diebold touch-screen voting system in 2002. Those same machines are still used there today, despite their age (they run on a version of Windows 2000) and massive, well-documented vulnerabilities to hacking and insider manipulation. Nonetheless, the Center for Election Systems has long been cited as a model for election administration by the U.S. Election Assistance Commission and is responsible for the security and programming of every 100% unverifiable touch-screen voting system, computerized central tabulator, and electronic pollbook used across the state of Georgia.

The unsecured data files at Kennesaw, according to Zetter, were discovered prior to last year's Presidential Election and reported to the Center, but were still available online for download without a password at the beginning of March this year, during the run-up to the April primary election in the GA-06 House race. The data may, in fact, have been available there for years, even as Kennesaw's Executive Director Merle King, who has spent years testifying in court on behalf of Diebold's systems, reportedly failed to inform GA Sec. of State Brian Kemp about the breach last year after he was informed of it. In fact, Zetter notes that he warned the outside computer security researcher who discovered it not to inform the state. GA's former Sec. of State, Karen Handel, is the Republican House candidate in the reportedly very tight GA-06 race against Democrat Jon Ossoff and is said to have repeatedly blocked a security analysis of the Center years earlier while serving as the state's chief election official.

When the results of the House contest are announced on Tuesday night --- whichever party's candidate is declared the winner --- it will be virtually impossible to know if the results are accurate or if even one vote cast on GA's 100% unverifiable touch-screen voting systems were recorded as per any voter's intent.

While many of the vulnerabilities in GA's terrible voting and tabulation systems have been publicly known for years, the fact that the security at Kennesaw's Center for Elections is even far worse than ever imagined is both new and absolutely chilling in regard to both Georgia elections, and all others across the country, as I explain in detail on today's program.

Beyond that nightmarish report today, we also cover two different fatal attacks on Muslims over the past 24 hours, one in London and one in Virginia (and Donald Trump's failure to comment on either of them); The new Democratic strategy to slow down progress on the Obamacare replacement bill being crafted by Senate Republicans in complete secrecy, without public hearings or amendments in advance of a possible floor vote on the controversial legislation before the July 4th recess; And, the U.S. shoots down a Syrian bomber over Syria in violation of international law and without any authorization (or complaint or debate) from Congressional Republicans or Democrats alike, even as the weekend incident has drawn the wrath and potential targeting of U.S. aircraft over Syria by its ally Russia...

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Several other recent programs in The BradCast's series of reports leading up to the GA-06 U.S. House Special Election:

• 4/4/2017: Computer and e-voting expert Barbara Simons on the initial reports of a "massive breach" of the state voter database files at Kennesaw State University
• 5/8/2017: Garland Favorito of election watchdog VoterGA.org on the group's disturbing analysis of the central computer tabulator failure on the night of the April primary in GA-06.
• 6/6/2017: Election integrity expert Marilyn Marks on her lawsuit demanding hand-counted paper ballots in the GA-06 race.
• 6/12/2017: Diebold document whistleblower Steven Heller on Diebold caught lying in California in 2004 about the exact same machines still used in Georgia in 2017. (CA decertified them after Heller's disclosure.) And on the NSA analysis recently released by NSA contractor Reality Winner on spear-phishing attacks that may have allowed access to the voting system computers of election officials across the country prior to the 2016 Presidential election.

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Today on The BradCast: So, what now? What's the next step for Donald Trump's seemingly perpetually faltering Presidency? He and Congressional Republicans suggest they'll go for Tax Reform next. But will that scheme be any more successful than the big promises that Trump has, so far, tried and failed to accomplish? [Audio link to show follows below.]

His Muslim travel ban was blocked for the foreseeable future, once again last night, by a federal judge in Hawaii. His border wall, if it ever actually gets built, won't be paid for by Mexico, apparently, but by U.S. tax-payers. Reportedly, the Administration's not even sure where to put it. His attempt at repealing and replacing ObamaCare went famously down in flames. His effort at rolling back Obama's climate legacy is already facing its first legal challenges on a number of fronts and in a number of courts.

But he and Congressional Republicans say massive reform of the tax code will be next, even though it hasn't been successfully accomplished since the 1980's. And, in hopes of getting some Democrats on board, the Administration has been floating the idea of a massive infrastructure bill, perhaps, to go with it. But is Trump's version of a "Grand Bargain" to bring enough Republicans and Democrats together to accomplish this next scheme any more viable than his previous ones? (Or more viable than when Obama tried, but failed, at something similar?) And, does it help that Trump attacked both Democrats and the far-right Congressional Freedom Caucus today?

The great Heather Digby Parton of Salon and Digby's Hullabaloo returns today to discuss all of the above, and a bit more, including whether Democrats can actually hold together in opposition; some little-noticed hypocrisy related to Team Trump attorneys hoping to block a sexual harassment-related lawsuit against a sitting President; an interesting explanation for Ivanka Trump's "new" role in the Administration; and whether Senate Democrats can or will successfully filibuster to keep Judge Neil Gorsuch from being confirmed to the GOP's stolen U.S. Supreme Court seat, as vacated with the death of Antonin Scalia more than one year ago...

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