Three years ago, in "Torture: A War Crime Then And Now", I described the legal principles that led to a conviction and life sentences of those who were responsible for my father's torture during WWII. I argued that, if applied now, the architects of the Bush/Cheney torture regime would be languishing in prison.

While it is troubling that none of those individuals were prosecuted for war crimes, it is beyond disturbing that President Donald J. Trump has seen fit to nominate Gina Haspel, the current Deputy Director of the Central Intelligence Agency, to be the CIA's next chief.

Given that Haspel not only oversaw torture at a CIA "black site" in Thailand but was also later involved in the destruction of videotaped evidence of CIA torture, such as the water-boarding of Abu Zubaydah 83 times in a single month, it seems appropriate to revisit several segments of that previous article, which had been initially published in response to a long, very well researched U.S. Senate Intelligence Committee report on U.S. torture...

On today's BradCast: The GOP war on democracy and the judicial branch continue today, with a noteworthy lost battle in Wisconsin, an imbecilic turn of events in Maine, and a continuing hung jury in the U.S. Supreme Court. [Audio link to show follows below.]

First today, Austin's police chief finally describes the white evangelical American man who terrorized the city over the past month with a string of deadly package bombs as a "domestic terrorist". Yes, that actually qualifies as news these days.

Then, the nation's dumbest governor, Maine's Paul LePage (R), repeatedly berates a federal court judge as an "imbecile" for allowing a case brought by Maryland and Washington D.C. to move forward. The case charges that Donald Trump's continuing ownership of Trump International Hotel in D.C. is a violation of the U.S. Constitution's Emoluments Clause, barring gifts to the President from foreign or state governments. The "imbecile" judge in question that LePage decided to attack, found merely that plaintiffs have standing to proceed with their case.

In related GOPers-who-hate-the-rule-of-law news, Wisconsin Gov. Scott Walker finally decided to follow state law today, by scheduling special elections to fill two vacant state legislative seats in Republican districts, which he is terrified could flip to Democrats. After three different state judges each demanded he declare a date for elections by today, Walker and the Republicans in the state legislature appear to have given up their attempted scheme to call a special session of the legislature to change the law in order to undermine the orders of the courts. Their hope had been to leave those seats vacant --- and the voters in their districts unrepresented --- for more than a year. After deciding to do the right thing and follow state law, Walker remained outraged about it today.

Next up, the U.S. Supreme Court heard oral arguments in another partisan gerrymandering case this week. Last October, speaking of Wisconsin, they heard arguments in Gill v. Whitford, a landmark case where a federal court tossed out all of the state legislative districts after finding them to be unlawfully gerrymandered by state Republicans in violation of the U.S. Constitution. This week, the SCOTUS Justices heard arguments in another redistricting case, Benisek v. Lamone, which focuses on a single U.S. House district in Maryland, held for years by Republicans, before Democrats gerrymandered it in their favor.

We're joined again today by FairVote's DAVID DALEY, who was as the Court for oral arguments in both cases. The author of RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy, explains the differences and similarities in the two SCOTUS cases (along with other recent rulings by both state and federal courts finding Republicans used unlawful partisan gerrymanders in North Carolina, Pennsylvania and elsewhere, in order to assure legislative majorities even when receiving far fewer votes than Democrats.)

Daley also shares his assessment, based on this week's oral arguments, as to whether there will be five Justices willing to finally end the scourge of extreme partisan gerrymanders. If they don't (as a number of others suggest) Daley warns this problem may not be fixed for at least another generation, as the Court's swing-vote, 81-year old Justice Anthony Kennedy, is rumored to be contemplating retirement at the end of the term in June.

"They are searching for a standard to measure [partisan gerrymandering], that this Court can apply, but also that future Courts can apply," Daley tells me. "If the courts do not solve this now, it's not only the last opportunity for the next generation, but the gloves will be off in 2020 in a really aggressive way. No matter what they do, if it is not a finding against partisan gerrymandering, it will essentially take off any guardrails for legislators of either party when this process comes back around" after the next Census.

Then, Desi Doyen joins us for the latest Green News Report with, as usual, mostly disturbing news --- but also some very good news for a group of natural gas pipeline protesters in Massachusetts, including the daughter of former Vice President Al Gore! (And, for those who may have missed it, here's Angie Coiro's BradCast interview with Gore last December, in which, among many other things worth listening to, he proudly discusses his daughter Karenna's arrest in the protest.)

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On today's BradCast: What happens when the President of the United States blocks you on Twitter? How about when the President blocks a journalist? Does that violate an American's First Amendment free speech rights or Constitutional protections granted to the press? Our guest today thinks so, and is one of seven plaintiffs now suing Donald J. Trump in federal court for having blocked them on the social media platform from viewing or replying to his tweets or participating in discussion about them on the site. [Audio link to show follows below.]

But, first up today, a few breaking news items, beginning with the fifth package bomb to explode in Texas this month, as an apparent "serial bomber" continues to terrorize the Austin community in what may be a deadly spree targeting minorities in the area. Today, Donald Trump and his White House finally made their very first comments on the bombings, that have, so far, killed two and seriously injured several others.

Then, there was another school shooting today, the 17th since the beginning of the year, this time at a high school in Maryland where, just last week, many of its students participated in a national walkout to demand reform of our nation's gun laws. The shooter in today's incident is now dead after a school resource officer fired on him (though it remains unclear if the 17-year old student shot himself and if one of the victims may have been shot by the officer.) The two student victims, a 16-year old female and 14-year old male remain in the hospital. The girl is reportedly in critical condition.

But, we also have some encouraging news on that front out of Florida, where a recent gun safety reform package was adopted by the state in the wake of the Parkland, FL massacre at Marjory Stoneman Douglas High School. The new measure allows, among other things, law enforcement officials with a court order to temporarily seize weaponry from those judged to be a threat to themselves or others. The first such court order was granted last week in Broward County, resulting in four firearms and 267 rounds of ammo being taken from a 56-year old man who, under a separate state law, was involuntarily institutionalized by police after what the judge described as a series of delusional episodes by the man. Naturally, right-wingers are both freaking out about it and not informing their audience about why those steps were actually taken.

Next: My guest today, REBECCA BUCKWALTER-POZA, judicial affairs editor at Daily Kos and a contributor to Democracy Journal, is one of seven plaintiffs now suing Donald J. Trump in federal court for having blocked them on Twitter from viewing or replying to his tweets or participating in discussion about them on the site. The attorney and journalist turned plaintiff joins us today to discuss her lawsuit and the recent hearing in federal court on the landmark case.

As Buckwalter-Poza, who is still blocked by Trump on the social media platform, explains: "It turns out the President really doesn't like it when you suggest that Russia was involved in the 2016 election. He tweeted something about having won the White House, and I all I did was quote that and say, 'To be fair, you didn't win it --- Russia won it for you.'" She says there were "no obscenities, no threats, absolutely nothing more than a reference to Russia's involvement in the election."

As part of its defense case, the U.S. Department of Justice (yes, we, the tax-payers, are footing the bill to defend Trump in this case!) has admitted that plaintiffs were blocked for no other reason than they were critical of the President. "They've conceded that it's 'viewpoint discrimination', which is the legal term for when you are, in this case, blocking someone from Twitter because you don't like what they're saying. There's no other justification. It's just the content. It's a criticism. That definitely violates my First Amendment rights," she argues.

Explaining how she sees those rights as being violated, Buckwalter-Poza tells me: "As a journalist, there's the immediate fact of not being able to follow Trump, not being able to engage other people, not being able to respond. To put it into First Amendment terms, though, I have a right to be part of this public forum, to engage other people, and to have my point of view be heard. And I have a right to try and catch the President's attention. Unfortunately, in this case I did, but his response was to block me instead of to respond."

I can attest to the difficulties in covering stories when the focus of the story blocks you on Twitter, as I reported last week regarding recent false comments about torture made by Rep. Liz Cheney (R-WY), who now apparently blocks me on Twitter for reasons unknown, and an incident at the end of last year which resulted in Alabama's Sec. of State John Merrill blocking me as well, after I politely corrected [PDF] his inaccurate statements about the state's computerized vote tabulation systems.

After a recent hearing with an apparently very well-informed federal judge, Buckwalter-Poza says the case could now result in a settlement. But that still remains to be seen.

Finally, Desi Doyen joins us for the latest Green News Report on the first day of spring, as extreme winter weather continues to pummel the nation, including with what could be a fifth back-to-back Nor'easter for the East Coast over the weekend (they are currently facing their fourth), and as the Trump Administration continues to make "climate change" disappear, even from FEMA's natural disaster recovery plans...

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On today's BradCast: We're joined by progressive Democratic REP. BARBARA LEE of California, the only member of Congress, in either house, to vote against the Authorization for Use of Military Force (AUMF) after 9/11, calling it a blank check that would lead to endless war. As we now know, 17 years later, with the War in Afghanistan and many others still raging under the third President to cite the AUMF to justify military action anywhere in the world without Congressional oversight, she was, of course, correct. Along with continuing her fight to repeal that 2001 AUMF, this week Lee introduced a new bill regarding woman and climate change, which we discuss as well today. [Audio link to show follows below.]

But first up, on another insanely busy program, we detail what happened on Thursday night and Friday morning when Sen. Rand Paul (R-KY) single-handedly held up passage of the new, bi-partisan government spending bill, which includes up to $500 billion in new military and domestic spending, as well as disaster aid. In shutting down the government for the second time this year, for about seven hours, Paul described approval of the bill and increased deficit spending by his fellow Republicans to be the "the very definition of intellectual dishonesty [and] hypocrisy". That, after the intellectually dishonest and hypocritical Paul just voted in December, along with the entire Senate Republican caucus, for massive, unpaid-for tax cuts set to blow a $1.5 trillion hole in the national debt.

Then, late details on this week's newest scandal surrounding the resignation of White House Staff Secretary Rob Porter on Wednesday, following the public disclosure of his alleged violence against his two former wives. Among the new developments: Donald Trump's Chief of Staff John Kelly and other top White House officials reportedly knew about the charges long ago; Kelly has now said he'd be willing to resign over what happened, and several outlets are reporting that their remain "dozens" of White House staffers, some in very senior positions, still operating without full security clearance.

That suggests that many of them, like the President's son-in-law Jared Kushner, may never receive full security clearances, despite Trump and the GOP having run their entire Presidential campaign hypocritically (and falsely) charging that Hillary Clinton carelessly allowed classified information to be seen by those without proper security clearance. According to Rep. Sean Patrick Maloney (D-NY), a former White House Staff Secretary himself, describes this situation as "nuts", saying that Porter would have handled the nation's most highly classified secrets in his top Oval Office role. He believes an investigation is warranted to determine what both Kelly and Trump knew about the "eminently blackmailable" Porter and who gave him the okay to remain on, even after the FBI had determined he would not qualify for a full security clearance.

Next, we're joined by Congresswoman Lee, to detail her new "Woman and Climate Change Act of 2018" [PDF]. We discuss how women and girls around the world are "bearing the brunt in many ways", as the first and most affected victims of the dangerous effects of global warming and whether Republican members of the bi-partisan Women's Working Group may help in co-sponsoring this effort, despite "the climate deniers who are within the federal government running the show."

"Women are especially vulnerable to these changes in the environment," Lee explains. "We know women are the ones that are finding water, collecting food, caring for family members. And so now, more than ever, we need to focus on climate change as a whole, but also ways to empower women, as they are the most vulnerable people, and will be impacted most by these health epidemics, refuge crises, forced migration --- all the issues that we know women are disproportionately impacted by."

She also shares her opinion on the odds of Ivanka Trump, self-proclaimed women's champion, coming aboard this particular campaign. Lee, a former co-chair of the Progressive Caucus in the House, who now serves as Senior Democratic Whip, responds as to whether Democrats fought hard enough, during the recent government funding battle, to protect "Dreamers" facing imminent deportation as early as March 5, unless a legislative deal can be struck, and whether she believes House Speaker Paul Ryan will ever allow such a measure to be brought up for a vote. She urges Americans to keep contacting their members of Congress on both of these efforts.

"Listen, you have to stay optimistic. Otherwise we get stuck with their negativity and trying to take us back. The public has to be hopeful and has to work hard to get this done," she tells me.

Finally, Lee also shares her thoughts on the bi-partisan momentum in both the House and Senate for finally repealing (and replacing?) the 2001 AUMF. "Congress has been missing in action. We need to do our job, and we're not. But, believe you me, we are building support to do this," she insists. "Hold your elected officials accountable!"

We close today with a bit of listener mail in response to a recent story we covered on the record number of scientists now said to be running for office in 2018, and on the dangerous new effort by the Trump Administration place lifetime limits on Medicaid for the first time in the popular social safety net program's history...

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On today's BradCast, we celebrate The BRAD BLOG's 14th anniversary of independent investigative blogging, journalism, broadcasting, trouble-making and muck-raking! Thanks to those who've stopped by BradBlog.com/Donate to help us continue into our 15th year! If you haven't done so yet, what's stopping you? We really need your help! [Audio link to today's show follow below.]

Beyond that, on today's program, we've got some encouraging news on voting rights in the state of Florida, believe it or not. A citizen initiative to allow former felons to vote has officially qualified for the state's November ballot, after an herculean effort to gather more than 800,000 qualified signatures by proponents who hope to help re-enfranchise some 1.7 million Floridians who have completed their sentences, many of them years ago.

While the grassroots effort has already been monumental --- as a segment from Sam Bee's Full Frontal highlighted last year --- the measure must still receive more than 60% approval from voters this November in order to amend the state's constitution. More former felons --- who are disproportionately African-American in FL --- are disqualified from voting in the Sunshine State than any other. Only they, Kentucky, Virginia and Iowa currently ban such citizens from voting for life. "Florida accounts for nearly 25 percent, or 1.6 million, of the people who have lost their right to vote" in the U.S., according to the ACLU. "As a result, one in ten Floridians are shut out of our democracy."

But, if it was up to the Trump Administration, there would be many more such felons in FL and everywhere else. We're joined today by criminal justice journalist JUSTIN GEORGE of The Marshall Project, to discuss his recent article looking at "Trump Justice, Year One: The Demolition Derby", in which he examines "nine ways Trump has transformed the landscape of criminal justice, just one tumultuous year into his presidency."

We discuss the many changes made by Trump's Department of Justice and Attorney General Jeff Sessions, as they attempt to "demolish" the legacy of the Obama Administration. From their rhetoric and tone on crime, the "drug war" and immigration, to policy changes on policing, sentencing, mass incarceration, the private prison industry, and in stacking the federal bench with rightwingers, Team Trump is hoping to unwind many of the criminal justice reforms successfully enacted by Obama and his DoJ, particularly in the later years of his Presidency.

But have Trump and Sessions' attempts to rollback Obama's criminal justice legacy, to date, been particularly effective? And, for that matter, why did Obama's efforts at reform come so late in his Presidency?

We cover a lot of ground in my conversation with George today, before somewhat departing from our usual beat to close with a bit of dirty laundry, sleaze, speculation and rumor mongering concerning Donald and Melania Trump --- though we've got a reasonable justification for doing so today...mostly...

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On today's BradCast: Donald Trump and his Great American Shitshow continues today, though he has now received a very helpful hand from Congressional Democrats, for reasons that may beggar the imagination. [Audio link to show is posted below.]

First up today, a quick word on the allegations regarding $130k in hush money said, by the Wall Street Journal, to have been paid by Donald Trump to a porn star just before the 2016 election, reportedly to hide a sexual liaison during his marriage with the now-First Lady, and on the sordid sex and blackmail scandal now roiling Missouri's new "family values" Republican governor, Eric Greitens. In normal times, of course, both stories would be huge news everywhere and we'd be discussing impeachment and/or resignation of both men. These days, however, each scandal is barely breaking the national news radar.

Then, more encouraging election news for Democrats this week in Tuesday's special elections around the country, with Dems flipping another long-held Republican seat in a deeply "red' area, this time in the Wisconsin State Senate. The results seem to be freaking out the state's controversial GOP Governor Scott Walker in advance of his own re-election contest later this year and signals a possible Dem takeover of the state Senate in advance of 2020 redistricting!

Next, Congress is on the verge of reauthorizing a warrantless mass surveillance program that civil libertarians on the right and left have long opposed and characterize as a blatant violation of the U.S. Constitution's 4th Amendment privacy protections against unwarranted search and seizure. Last week, after Trump made it clear he had no idea what Section 702 of the FISA Amendments Act actually was --- despite his administrations' long time lobbying of Congress to reauthorize and, indeed, expand it, it for another 6 years --- Republicans in the U.S. House passed it with the help of several Democrats (including House Minority Leader Nancy Pelosi).

This week in the U.S. Senate, a bi-partisan group lead by Senators Rand Paul (R-KY) and Ron Wyden (D-OR) fell one vote shy of blocking the measure through a filibuster. So it now appears the legislation will clear both houses and sent to Trump for his signature.

We're joined today by ELIZABETH GOITEIN, former Dept. of Justice attorney, now co-director of the Liberty and National Security Program at NYU's Brennan Center for Justice, to explain Section 702, the efforts to lobby against its reauthorization, and why it is that many Congressional Democrats are willing to join Republicans in granting the Trump Administration's NSA, DHS, FBI, DOJ, CIA, etc., extraordinary new powers to secretly spy on every American citizen's phone calls and emails without warrant, due diligence or even probable cause.

While the legislation was "driven primarily by Republican leadership," she says, there were "enough Tea Party style Republicans who have really rallied in support of greater privacy protections" that some marginal reforms were added. Though, she explains, they aren't really reforms at all, and the entire dangerous package could not have moved forward had Dems stuck together in opposition.

"It's a failure of Democratic leadership," Goitein tells me. "At the last minute, [Senate Minority Leader] Chuck Schumer said he would vote no on cloture [to end the filibuster] --- but he hedged that and said, 'Amendments should be in order and we should have the chance to look at amendments, but the bill itself is not that bad, it makes improvements to the law'. Which is not true. It actually takes the law backwards. Minority Leader Pelosi in the House did even more damage...coming out in support of the bill and opposing the amendment that would have made these improvement. And then a whole bunch of Democrats went along with her."

Goitein argues "there was a full court press by intelligence officials" to pass this measure. So, even Trump's cluelessness about it was unable to prevent it from moving forward, even as it allows for the emails of two American citizens speaking to each other --- with no foreign target in the mix --- to be indexed, searched and read by the FBI without an order from any court. She explains the horrible details in depth on today's show, and why it has been so difficult to challenge this provision in a court of law.

Finally, nearly every member of the bipartisan National Park Service Advisory Board has resigned en masse this week, citing the Interior Department and its Secretary Ryan Zinke's failure to hold any meetings with the board, as required by law, during the entire first year of Trump's Presidency. The Administration's response to the mass resignation today is almost as disturbing, if not more so, than the resignation itself.

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On today's BradCast, the consequences of elections, from D.C. on immigration, to VA and NJ on gun safety legislation, and across both D.C. and dozens of states when it comes to marijuana policy under Trump's Attorney General. [Audio link to show is posted below.]

The White House, lawmakers and corporate media continue to squabble today over Donald Trump's racist and reportedly vulgar slur of black majority nations as either "shitholes" or "shithouses" during a bipartisan meeting on immigration last week, even as his Departments of Justice and Homeland Security issued a new and misleading report on terrorism that downplays the far greater threat of domestic attacks by homegrown white Americans, in favor of a focus on foreign-born terrorists.

In the meantime, as the White House and Congress attempt to strike a government spending deal that includes protections for DACA recipients in time to avoid a government shutdown at the end of this week, a changing of the guards in both New Jersey and Virginia following last November's elections is taking place and already reshuffling public policy.

NJ's wildly unpopular Republican Gov. Chris Christie was finally replaced on Tuesday by the new Democratic Governor Phil Murphy, one day after Christie finally signed a law that will ban deadly bumpstock devices, like those used to kill 58 people and wound hundreds of others in minutes in Las Vegas last year, in the Garden State. (To his discredit, he had little choice, as the legislation passed both state chambers with zero votes opposing it.)

At the same time, in VA, where Republicans managed to barely hang on to majorities in the state legislature, thanks to some gaming of several House races and of legislative district maps across the state (allowing them to retain control despite losing statewide by a 55% to 45% margin), the GOP's majority control in the state Senate resulted in the gutting of most of the gun safety agenda on which that state's new Democratic Governor Ralph Northam ran and won by a landslide.

Then, we head back to D.C., where Attorney General Jeff Sessions announced after the turn of the new year that the DoJ was reversing Obama-era enforcement guidance on federal law, in order to crack down on states where marijuana has been made legal for medicinal and/or recreational use after decades of prohibition.

As Drug Policy Alliance advisor and marijuana legislation lobbyist MIKE LISZEWSKI joins us to explain, the new DoJ guidance, rolling back the so-called "Cole Memo" from the Obama years, has not gone over well, even with a number of Republican lawmakers, particularly those from cannabis-friendly states where they have seen a dramatic rise in tax revenue thanks to new policies adopted by voters and state lawmakers.

"The Cole Memo was just guidance, it was never binding. But by removing it, Sessions has really given the green light to US Attorneys throughout the country to say, if you want to prosecute against state marijuana conduct you have our backing," Liszewski tells me, before arguing that there is no need for such policy, given that state laws, where pot has been legalized, are already very tough. "If someone was using a state marijuana law to shield some sort of bad activity, they're clearly in violation of state law. There's so much oversight, you're likely going to get caught rather quickly. So there's really no need for additional federal prosecution. It's really addressing a concern that doesn't actually exist --- unless you have some hysterical views about marijuana."

Sessions, of course, famously has views. Last year, for example, he famously stated that marijuana was "only slightly less awful" than heroin. Liszewski breaks down the DoJ's announced change in prosecutorial guidance and the effect it is likely to have (if any) in pro-cannabis states where, he says, it has "turned out to be wonderful for generating state tax revenue...in terms of the money it's pulling in, but also the law enforcement resources, the jail resources, the court resources, that don't have to go into prosecuting low-level marijuana cases."

We also discuss how Congress may still be able to move forward on drug policy under an Attorney General who is an avowed enemy of pot users and a President who claims to favor states' rights on the matter. Congress, Liszewski argues, is close to having the votes to end prohibition at the federal level all together, if it doesn't have those votes already. But, he says, thanks to a few "old guard" Committee Chairs in Congress, it may take a full reshuffling of the deck in the 2018 mid-term elections to see it actually happen.

"The 2018 elections are going to be so crucial to the future of marijuana reform," he says. "Because whether it's a shift in which party controls each chamber, or if it's just voting out the old guard and getting some new Republicans in, either way would be helpful towards ending federal marijuana prohibition."

"It would be very, very difficult to get the genie back in the bottle at this point," Liszewski adds, "especially seeing a good number of Republicans as well as states continuing to move forward right after the Sessions announcement. It really shows that Sessions is alone on an island with this and has very few supporters. I think the writing is on the wall."

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On today's BradCast: Who's actually running this disastrous Administration? And why don't they give a damn about terrorism when it's at the hands of white, domestic, neo-Nazis? That question may answer itself. But what's the excuse for Congress and media? [Audio link to full show at end of article.]

First up, today in the U.S. House, Republicans, with the help of a number of Democrats, voted to approve the re-authorization of a sweeping surveillance law --- Section 702 of the FISA Amendments Act --- that results in the phone calls and emails of millions of Americans being scooped up for review without cause or court warrant. Civil libertarians on both the Right and Left have been hoping, for years, to end or radically limit the dragnet measure which they say violates Constitutional rights to privacy and against unwarranted search and seizure.

Though the White House has been lobbying for this re-authorization, which must still be approved in the U.S. Senate, a tweet this morning by Donald Trump, while watching Fox "News", harshly criticized the measure. Following that tweet, two hours later, after a call from House Speaker Paul Ryan (R-WI) and chaos in the House GOP caucus in response to the tweet, the President took to Twitter again, this time in support of the measure, which he clearly knows nothing about.

Only his later description of Haiti and African nations as "shithole countries", as reportedly uttered during bi-partisan immigration negotiations today with lawmakers, moved the nation's media on to the next Trump embarrassment of the day.

In the meantime, as Trump and Congressional Republicans pretend to be concerned about terrorism and putting "America first", a major terrorism case brought by the Dept. of Justice just before Christmas has gone almost entirely unnoticed by the media, after the DoJ itself failed to even issue a statement on the recent arrest. Why? The obvious reason is that it involves a white supremacist neo-Nazi from Missouri (as opposed to someone with a middle-eastern sounding name) who had amassed an arsenal of deadly weapons in hopes of allegedly "killing black people". But there are several other reasons why the case has largely failed to become much more than a blip on the corporate media and cable news radar, much less be mentioned by either the DoJ or tweeted about by Donald Trump.

We're joined by HuffPost's senior justice reporter RYAN REILLY to discuss the matter today. Reilly has been investigating the disturbing lack of coverage of a case which includes an Amtrak train stopped by the accused 26-year old right-winger, Taylor Michael Wilson, in the dead of night in the middle of rural Nebraska several months ago, before he was arrested, then released on bail for several weeks, before finally being charged on a number of federal terrorism counts before Christmas.

"When I didn't see the story pop up until Friday, I was like wait, how did I miss this? What's going on? Federal prosecutors are charging a white supremacist with terrorism?," Reilly says, explaining why the case in which Wilson was originally charged with "criminal mischief" went unnoticed by media and unreported by law enforcement officials, who are usually eager to get publicity for terrorism cases.

"The broader issue is that it's a demonstration, an illustration of exactly how differently the Justice Department apparatus, and the national security apparatus of the US Government, treats domestic terrorism in comparison to anything that remotely has a sniff of anything related to Islamic terrorism," Reilly tells me. The reasons, for that, above and beyond strictly racism (which is certainly a large part of this), may be more complicated than you think, both statutorily and Constitutionally. None of those reasons, as we also discuss, necessarily excuse the media's apparent lack of interest in such cases, despite the fact that domestic terror remains a far greater threat to Americans than the threat posed by those claiming an association with international terror groups.

Finally today, Desi Doyen joins us for the latest Green News Report on the tragic climate disaster unfolding in Southern California which has, so far, taken 17 lives in the past several days; the Trump Administration's about-face on its recently announced expansion of off-shore drilling (but only for one politically important state); and an important lawsuit filed this week by New York City, along with the promise of divestiture, against major oil companies. The suit could prove to be a serious blow against the fossil fuel industry, and is said to have been filed in response to billions of dollars in climate change-related damages after years of those companies hiding their own scientific knowledge of climate change from the public...

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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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Trump may be leaving the country for a couple of weeks, but the sordid lies and demonstrable fraud he leaves behind still need truth and facts to take their place.

Among the many stories covered, lies called out, and frauds revealed on today's BradCast [Audio link to show is posted below.]...

• After the terror attack in NYC this past week, Donald Trump called the U.S. justice system a "joke" and a "laughing stock" (and he also suggested sending the perp to prison in Guantanamo Bay, where the system of "justice" really is a joke and a laughing stock.) But just hours later, the White House Press Secretary said he never said any of that, even though he very much did;
• At the same time, he failed to mention that a white guy opened fire in another mass shooting at a Walmart this week, killing three Latinos, and terrifying customers, some of whom pulled out guns of their own and, according to police, made it much more difficult to identify the perp (who the President has not called for sending to Gitmo);
• Puerto Rico is still in desperate need, according to a new United Nations report this week which slams FEMA for failing to respond as quickly and thoroughly as they did after hurricanes in Florida and Texas this year, and yet, a U.S. House Committee overseeing FEMA once again canceled a planned oversight hearing this week --- though only after the Mayor of San Juan flew all the way to Washington D.C. to testify before the panel;
• Taking a signal from the President of the United States, hate crimes are still very much on the rise this year, including anti-Semitic incidents, which are up 67% compared to last year, according to a new study, especially following this year's White Supremacist rally and murder in Charlottesville;
• Kris Kobach's so-called Presidential "Election Integrity" Commission has gone missing --- or so it seems to its few Democratic commissioners, to Democrats in the U.S. Senate charged with oversight of the panel, and to GOP "voter fraud" fraudster Kobach's own hometown paper, which now calls for the fraudulent Commission to be disbanded entirely;
• And, speaking of frauds, the Republicans unveiled their long-awaited tax cut scheme this week, but the highly-touted $1,182 tax cut promised to the average middle-class American family of four, will actually turn into a $500 tax increase for that same family, as the GOP scheme is currently devised. That, even as wealthy individuals and huge corporations will see their taxes slashed permanently. And who will pay the price for those massive tax cuts that will result in trillions of dollars in GOP deficits? Senators Elizabeth Warren and Bernie Sanders have some thoughts in answer to that question today;
• And, finally today, the White House signed off on Friday on the Congressionally mandated National Climate Assessment, which finds, among other things, that there is "no convincing alternative explanation" for global warming other than that human beings are causing it. So Donald Trump no longer believes climate change is a hoax created by the Chinese after all? I guess he can ask them when he gets there...

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On today's BradCast: More evidence, if you needed any, that President Donald Trump doesn't really know much about anything...at all...at least when it comes to public policy and all the stuff that Presidents are actually supposed to understand. [Audio link to show follows below.]

First up, following Tuesday's truck terror attack in lower Manhattan, which resulted in 8 dead and 11 seriously injured, Trump went quickly to Twitter to call for immediate policy changes on immigration, "to step up our already Extreme Vetting Program". The NYPD says the driver of the truck, a 29-year old man from Uzbekistan, who legally immigrated here in 2010, carried out the attack "in the name of ISIS". That may help explain why Trump called for swift action --- including changes to our Constitutional system of justice --- as contrasted with so many other terror attacks of late carried out against Muslims or by white perpetrators. He has simply ignored many of those entirely, or otherwise failed to call for any changes to policy or legislation that might help prevent or deter such attacks.

Speaking of which, its been barely one month since a wealthy white man shot nearly 600 Americans in Las Vegas in a matter of minutes, killing 58 of them. Trump did not describe the killer in that incident as an "animal", as he did today in reference to the alleged perpetrator of Tuesday's attack in lower Manhattan, nor did he call for swift policy action --- or any policy changes at all, for that matter --- even after what was the worst mass shooting in modern U.S. history.

Despite an early bi-partisan Congressional response to the Vegas Massacre, calling for legislation to ban so-called "bump stock" devices that turn semi-automatic weapons into full automatic weapons, as used by the Las Vegas shooter, that legislation has stalled (died?). But --- good news for the terror-enabling NRA! --- the company which sells the inexpensive deadly devices has announced they are once again available for purchase!

Then, lost amid another very busy week of breaking news, is the ruling by a federal court judge blocking (for now) Trump's Twitter-announced policy banning transgender people from the U.S. military. In her 76-page opinion, Judge Colleen Kollar-Kotelly found the Trump Administration directives to the Pentagon to overturn President Obama's removal of the military trans ban, "do not appear to be supported by any facts".

Author and Constitutional law expert IAN MILLHISER of ThinkProgress joins us to explain the ruling, how Trump's order contrasts with the carefully considered and well-studied directive from Obama, why Millhiser sees this case --- like Trump's attempts to ban Muslims from certain countries from entering the country --- as evidence that the President is a "lazy, incompetent and bumbling goon" who does not understand the law or how public policy actually works, and whether the U.S. District Court's ruling will be upheld by the stolen Republican majority on the U.S. Supreme Court.

"What the judge said in this case, which is really quite interesting," Millhiser explains, was that "when Obama lifted the trans ban, there were studies, there were surveys, there was a lot of consultation with experts, there was a vigorous investigative process, and the determination was that it was in the best interests of America's national security to allow trans people to serve openly. Trump didn't do any of that. He just got out his phone and tweeted. In fact, all of the current government inquiries into this question are the Obama-era ones. So Trump did this in contravention of what his own military was telling him was the right thing to do."

Finally, Trump's recent ridiculous comments about the stock market and the federal debt --- and his absurd tweets today about the Affordable Care Act mandate and tax cuts --- further underscore the President's virtually complete lack of knowledge about how government or laws actually work. All of this on the first day of Open Enrollment for the Affordable Care Act ("ObamaCare") at HealthCare.gov. As you know by now, the Administration has attempted to sabotage the popular Obama-era law and has failed to publicize its Open Enrollment period for 2018 --- which has been cut from three months to just six weeks --- and, apparently, left to President Obama to actually inform the American people about!...

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To paraphrase an infamous tweet from the now-suspended Twitter account of long-time dirty trickster and Trump ally Roger Stone, it could soon be Attorney General Jeff Sessions' "time in the barrel", according to my guest on today's BradCast. [Audio link to show follows below.]

The Trump Administration and his supporters have been very busy today, working hard to downplay the Monday indictments unsealed by Special Counsel Robert Mueller against three campaign officials. Two of them, Paul Manafort and Rick Gates, pleaded not guilty. The other, George Papadopoulos, who pleaded guilty, has been quietly cooperating with prosecutors for several months. The Campaign's former foreign policy advisor, has since been dismissed by Team Trump as little more than a "low-level volunteer" and a "coffee boy" over the 24 hours since the indictments were unsealed, revealing that Papadopoulos was charged with lying to federal prosecutors about conversations he had had with an unnamed "professor" said to be tied to Russia and claiming that Moscow had "thousands of emails" revealing "dirt" on Hillary Clinton.

I'm joined today by investigative journalist MARCY WHEELER of Emptywheel to help separate partisan hope from partisan hype regarding Mueller's investigation. We focus on the Papadopoulos case specifically, discuss whether it reveals "collusion" with Russia (which both the Trump Administration and Russian officials strongly deny), and why she believes, as reported at The Intercept, that, more than anything, the specific charges in that case may signal very bad news for Attorney General Jeff Sessions.

We also discuss what we now know (and don't) about the email hacks, what Mueller may have gained by waiting until Monday to reveal the indictments (Hello, unqualified USDA nominee Sam Clovis! Sam who?), and whether it's possible --- or even likely --- that Papadopoulos may have been wearing a wire during conversations with Trump officials in the months since he agreed to cooperate with federal investigators.

"Papadopoulos plead guilty for lying. We don't know why he lied, and why everyone keeps lying," Wheeler observes, adding a note of caution for the many anti-Trumpers who have been giddy since "Mueller Monday". "There's some smoke there. There may well be fire. I just think that everyone who opposes Trump has to be very careful about screaming 'fire' before we have evidence of fire. We have a legal system to sort that out. And until Trump does something to fire Mueller, or in another way thwart the investigation, we should let the investigation do what our legal system is supposed to do."

Also covered on today's show...

• Reporter Mike Stark of ShareBlue, who has been dogging Virginia's Republican Gubernatorial candidate Ed Gillsepsie with questions about his lobbying past in advance of the state's November 7 election next Tuesday, was violently arrested over the weekend. Stark appeared on The BradCast as our guest just last week. We've got details on what happened, including comment from Stark;
• A new poll finds Americans very pessimistic about the current state of American democracy and politics (including the vast majority of those who lived through the Vietnam era.);
• Desi Doyen joins us for the latest Green News Report with what suffices for some 'good news' updates out of Puerto Rico and much more;
• And, we end with the breaking news late today of what New York officials are describing as a "terror" attack in lower Manhattan, after a pickup truck plowed into bicyclists, leaving 8 dead and 11 seriously injured as of the end of today's show...

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On today's BradCast, it's one of the darkest days in U.S. history. Again. [Audio link to show follows below.]

At least 58 are dead and more than 500 were wounded in the horrific mass shooting in Las Vegas on Sunday, as a lone gunman rained down thousands of rounds from his fully automatic rifles on to attendees at outdoor country music concert. The shooter, reportedly a retired real estate investor and high-stakes gambler who lived in nearby Mesquite, is said to have killed himself as the Las Vegas SWAT team located him in his room, from where he was firing on the 32nd floor of the Monterey Bay Hotel and Casino, where he had been firing from. He was reportedly in custody of as many as 19 high-powered weapons and thousands of rounds of ammunition in his hotel room, which he used to carry out the shooting on concert goers at least 400 yards away.

In the bargain, 64-year old Stephen Craig Paddock was allegedly able to carry out the worst mass shooting murder in modern American history in a matter of 10 to 15 horrifying minutes. After a brief update on some of the important news from over the weekend (other than in Vegas) regarding Puerto Rico and North Korea, we discuss what is known about the massacre as of air time and the White House reaction to it from both the President and his Press Secretary (who says, predictably, that it's "premature" to discuss what to do about such things.)

For the record, while the shooting in Vegas was the worst in modern history, according to GunViolenceArchive.org, the Las Vegas massacre marks the 273rd mass shooting in 2017, in 275 days so far this year. A total of 11,652 people have been killed in all gun violence incidents this year, with 23,512 having been injured. (Those statistics do not include the number of suicides by gun, which would tens of thousands of more victims to those totals for 2017, according to the Archive.)

No motive is currently known for the shooting, though it hardly matters. Whether homegrown terrorist or ISIS recruit, it's very easy to legally obtain obscenely deadly, military-style assault weapons in this country. The results are the same, no matter the motive.

Then, we examine just some of hard data on violent gun deaths in the U.S., much of it compiled by Vox.com's Zack Beauchamp, including why studies find the rates of murder and suicide by gun in the U.S. are so much higher (some 25 times higher) than in other prosperous developed nations with otherwise comparable crime rates. The difference between those countries and ours? The number of guns per capita. We also look at the available empirical data on how (and if) gun safety laws actually reduce the rate of both homicide and suicide in countries around the world (including the U.S.) after gun safety restrictions are strengthened and/or loosened. Australia, for a number of reasons, provides a particularly stark example. But other nations do as well.

Much of what we cover and discuss today, on the surface, seems as if it should be blatantly obvious. The data sets are true no matter how one feels about guns and the Second Amendment and why the Founders enacted it. Unfortunately, many of these facts are not as well understood by the public as one might think and hope, particularly given the partisan political restrictions on tracking and/or debating and/or even discussing these matters. That, thanks in no small part to the decades of propaganda and partisan political campaigning by the terrorist-enabling National Rifle Association (NRA) and the arms lobby that it represents...

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On today's BradCast, we finally catch up on a whole bunch of stories previously postponed "due to weather", and a bunch of new stories today, on North Korea, London terror attacks and our President's disturbing response to both. [Audio link to show posted below.]

Among the many stories covered on today program:

• First, some good news (before everything else goes to hell), a federal court blocks Attorney General Jeff Sessions' attempt to withhold DoJ funding from so-called "sanctuary cities";
• North Korea's latest missile test bodes ominously, but there is a potential way to avoid war, if officials are smart enough to use it;
• Another terror attack in London today and, as Scotland Yard and Prime Minister Theresa May described it, Trump's very "unhelpful" response to it;
• Speaking of terror, Donald Trump is very quick to comment on alleged Muslim terror attacks, but both he (and the corporate media) are very good at ignoring and/or downplaying domestic acts of terror by white people with guns, including a deadly high school shooting this week in suburban Washington and one of the worst mass murders in a decade this week in suburban Texas.
• The growing cost to the U.S. economy of Harvey, Irma and other increasingly intense storms (another may hit the U.S. in the coming week) --- and the ever-increasing costs of ignoring climate change altogether;
• More on the massive Equifax hack;
• Hundreds of thousands of voter files left unprotected online (again), this time in Alaska;
• The election office in Ohio largest county, with voted ballots inside, was discovered completely unlocked and vacant, just days before a municipal election;
• Both bad and good news out of the California state legislature, including the success of a Dem-supported bill (AB 840) that will make election fraud easier to carry out by keeping nearly 40% of the state's ballots from being subject to any post-election hand "audits" (if you're in the state, feel free to contact Gov. Jerry Brown to ask him to veto it!) and the passage of a different bill that Donald Trump won't like at all;

And, finally today, a few pieces of listener mail, also both good and bad, at the end of another insane week in these United States...

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There have been occasions during the history of our Republic where a traumatized Congress has, under the gravity and stress of a calamity, made a hasty decision without sustained debate or thoughtful consideration of its consequences. One of those occurred just three days after the September 11, 2001 terrorist attack.

Over the singular objection of Rep. Barbara Lee (D-CA), the only member to vote against it in either chamber, Congress passed a joint resolution --- the 2001 Authorization for Use of Military Force (AUMF). This joint resolution differed markedly from the formal Declarations of War that were issued in the aftermath of Pearl Harbor.

During World War II, there were specific nation-state enemies and an attainable, concrete goal --- the defeat of the Axis powers. Congress did not authorize and Presidents Franklin D. Roosevelt and Harry S. Truman did not embark upon a fool's errand --- the permanent elimination of any and all future threats to our republic created by the very existence of Nazi and fascist ideologies.

The 2001 AUMF, however, was not confined to specified nation-state enemies. Congress authorized the President to use military force against "nations, organizations or persons" as part of an impossible task: the prevention of any and all "future attacks of terrorism against the United States."

As astutely observed by Retired U.S. Army General William Odom in 2002...