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Latest Featured Reports | Sunday, March 18, 2018
Trump Turns to Torture:
'BradCast' 3/16/18
CIA nom oversaw unlawful waterboarding, destruction of evidence at U.S. secret prison; Also: Trump brags about lying; More good 2018 news for Dems; Rep. Louise Slaughter RIP...
Senate Dems Vote to Gut Dodd-Frank, Other Disasters: 'BradCast' 3/15/18
Guest: Bart Naylor of Public Citizen; Also: New Russia sanctions, FL bridge collapse, TX chemical explosion, MUCH MORE...
'Green News Report' 3/15/18
  w/ Brad & Desi
U.S. may soon have its first climate science denying Sec. of State; Global water crisis; Black lung returns; LEGO goes greener; PLUS: Ice wall failing, 7 years after Fukushima disaster...
Previous GNRs: 3/13/18 - 3/8/18 - Archives...
Spinning v. Winning: BradCast 3/14/18
Nail-biter (and unverifiable) US House special election results in PA-18; Student gun safety walkouts; ICE busted as spokesman refuses to lie, steps down...
'Green News Report' 3/13/18
Admin finds EPA regs save money; CO Repubs choose oil/gas over public health; Int. Sec. protects public lands in home state; PLUS: 3rd Nor'easter in 10 days...
Battling Barcoded 'Paper Ballots' in GA, L.A., Every-where Else: 'BradCast' 3/12/18
Guest: Jennifer Cohn on deceptive dangers computer-marked 'paper ballots'; Also: Callers on that, Kim/Trump...
New Threat to Democracy: Barcodes, Ballot Marking Devices ('Electronic Pencils')
Unverifiable touchscreen DREs being phased out, replaced with unverifiable touchscreen BMDs...
Sunday Toons: 'Pick a Distraction'
The Trump Administration has a lot of problems. They also have a lot of things they hope will distract you from them, as PDiddie's latest toon collection reveals...
Trump, Kim and 'The Madman with a Gun': 'BradCast' 3/9/18
Also: White House, EPA waivers allow dozens of "ex"-lobbyists to work on issues related to corporate clients...
Trump Admin's New Report Debunks GOP Deregulation Con: 'BradCast' 3/8/18
Guest: Vox' David Roberts; Also: Trump tariffs; Good voter news for WA, CA; Senators query US voting vendors...
'Green News Report' 3/8/18
Oil co's call for carbon tax; Bad news for elephants; Good news for grid and renewables; Appeals court approves youth climate suit; PLUS: Arctic's warmest year ever...
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...

Guest: Jennifer Cohn on the deceptive dangers of the move to computer-marked 'paper ballots'; Also: Callers ring on that, Kim/Trump, more...
By Brad Friedman on 3/12/2018 6:08pm PT  

On today's BradCast: The fight for Election Integrity is often one step forward and two steps back. Don't be fooled by what many are deceptively describing as a move to "paper ballots", when those "paper ballots" aren't really what they are being sold as. [Audio link to show follows below.]

First up today: A quick preview of the U.S. House Special Election in Pennsylvania's 18th Congressional District on Tuesday, where voters will, shamefully, once again cast their votes in the crucial race on 100% unverifiable touch-screen Direct Recording Electronic (DRE) voting systems.

At the same time, lawmakers in the state of Georgia, which has disastrously used similarly unverifiable DREs for the past 15 years, are moving a deceptively described "paper ballot" bill forward in the legislature. However, what those lawmakers are not making clear (and some may not even understand) is that the bill would fund new computer-marked paper ballot systems, known as Ballot Marking Devices (BMD)s, across the state. Such systems also require voters to use a touch-screen device to vote and, like DREs, also cannot be verified after an election as reflecting the intent of any voter.

Worse still, rather than use the human-readable information printed out by the computers onto the "paper ballot" at the end of the process, BMDs use optical scanners which tally results read from barcodes or QR codes printed on the ballot that are NOT human readable!

And, it's not only Republican-leaning Georgia that is quickly hoping to move to such unverifiable systems. So is the largest voting jurisdiction in the nation, Los Angeles County! Also, counties in Texas and Tennessee are already using them and other states are looking to purchase them as well. Indeed, many supposedly progressive organizations and Democrats are actually recommending them, without understanding the very real dangers of BMDs!

We're joined today by attorney-turned-journalist JENNIFER COHN to discuss her well-researched and documented concerns, as detailed by voting system and computer security experts, regarding the nation's dangerous and disturbing lurch towards what she describes as expensive "electric pencils", otherwise known as BMDs. Cohn explained those concerns in simple, layman's language in a recent post at The BRAD BLOG.

As we discuss on the show: No, "paper ballots" are not enough! We need HAND-MARKED paper ballots that are known to have been verified by the voters, if we are going to even have a chance of restoring publicly verifiable democratic elections in the U.S.

Cohn details both in her article and on today's show, a number of academic studies finding that most voters do not check computer printouts and summaries at the end of the voting process, and of the minority who do, some 60% or more don't even notice when the computer has flipped their vote!

PLEASE tune in for this important conversation, because Americans must begin to understand the dangers presenting by these deceptively described "paper ballots", which are coming to a voting jurisdiction near you!

Then, we open up the phone lines today to callers on that issue, as well as some of my thoughts from last Friday's show regarding the supposed face-to-face meeting between North Korean leader Kim Jong Un and even crazier U.S. leader Donald Trump, regarding the North's nuclear weapons program...

Download MP3 or listen to complete show online below...

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As unverifiable touchscreen DREs are phased out of our nation's voting systems, unverifiable touchscreen BMDs ('Son of DREs') are on the way...
By Jennifer Cohn on 3/12/2018 9:45am PT  

[An earlier version of this article was originally published by Jennifer Cohn at Medium.]

A Ballot Marking Device ("BMD") is a touchscreen computer that generates a computer-marked paper ballot or printout, which is then tallied on a computerized optical scanner. (Those computer-marked ballots can also, in theory, be counted by hand, but generally are not, as most election officials rely on optical scanners instead.)

BMDs were initially designed for people who are unable to hand-mark paper ballots due to disability, old age, etc. But the state of Georgia and Los Angeles County, California are now at the forefront of an unfortunate new trend, which is to consider buying these expensive hackable "electronic pencils" for use by all voters at the polls, regardless of need.

The Georgia legislature is quickly working to adopt a bill to fund such new systems to replace their similarly 100% unverifiable, 15-year old Diebold touchscreen systems used across the entire state. L.A. County is in the late process of a years-long development program to deploy these systems in time for the 2020 Presidential election.

Should Georgia and Los Angeles proceed on their current course, it would introduce a second unnecessary and insecure computer system in the polling place above and beyond already insecure optical scanners, creating twice as many opportunities for electronic programming errors, paper jams, and hacking. For example, some BMD systems have already had problems with:

  • Vote flipping (when election integrity advocate and journalist Brad Friedman used such a device in Los Angeles in a 2008 election, the device flipped 4 out of 12 of his selections on the computer-marked paper ballot);
  • Inability to display all candidates on one screen (a problem reported by the state of Maryland, which had acquired such systems for all voters, but changed its mind even though the screen problem was eventually fixed); and
  • Vendor breach of certification requirements (as occurred with vendor Election Systems & Software, "ES&S", the nation's largest voting system vendor).

Meanwhile, two of the most popular BMD's --- the ES&S ExpressVote and the Dominion ImageCast --- produce bar-coded (or QR-coded) printouts, which cannot be read by human beings, in lieu of traditional, hand-marked paper ballots.

This is alarming, according to experts --- including some who describe BMDs as "Son of DREs" --- for a number reasons...

--- Click here for REST OF STORY!... ---

Guest: Nuclear policy analyst Stephen Schwartz; Also: Top WH economist quits; Clueless Trump calls for 'paper backup' to protect 2018 elections...
By Brad Friedman on 3/6/2018 6:40pm PT  

On today's BradCast, the Chaos Presidency continues apace, as do the nuclear threats, despite a potential thaw of tensions on the Korean Peninsula today. [Audio link to full show is posted below.]

First up, another top White House official, top economic advisor Gary Cohn, has had enough. He announced his resignation late on Tuesday in response to Trump vowing to impose tariffs on imported steel and aluminum that virtually everyone in the country and world has come out in opposition to.

At the same time, as we also discuss today, Donald Trump makes clear that he has no actual plans to "counteract" interference of the 2018 and 2020 elections, though he managed to say the words "paper backup" out-loud during a press appearance today, as if to indicate he knew anything about how easily computerized election results can be manipulated (presuming he cares).

Meanwhile, after meeting with North Korean leader Kim Jong Un, officials in South Korea announced plans for face-to-face talks between the leaders of the both countries, along with an easing of tensions and the possibility of direct talks between Pyongyang and Washington D.C. --- unless Trump blows it. The potentially encouraging news on the Korean Peninsula comes just days after Russian President Vladimir Putin announced a number of new, high-tech nuclear weapons which he says his nation has now developed in response to so-called U.S. missile defense systems deployed near Russia's border and Trump's own efforts to greatly expand the U.S. nuclear arsenal.

Longtime nuclear policy analyst STEPHEN SCHWARTZ of Middlebury Institute of International Studies, joins us to help explain what's actually going on, what isn't, and why all of it is happening in the first place in both potential conflicts and/or nuclear standoffs..

“Winston Churchill once said that 'It's better to jaw-jaw than war-war’. And I think that's probably the first takeaway from today's news” out of Korea, says Schwartz, noting “the good news is we are talking about the possibility of denuclearizing the Korean Peninsula, and we're not talking about lobbing nuclear weapons in both directions.” But, while he says he is “cautiously optimistic,” he believes talks between NK and Trump’s Administration are not likely to go anywhere. The former longtime Executive Director and Publisher of The Bulletin of the Atomic Scientists (keepers of the infamous “Doomsday Clock”) reminds us of similar agreements with NK in the past --- and how our previous Republican President, George W. Bush, (No, you don't "look pretty good" now, George) helped to scuttle them.

As to the dizzying array of new high-tech weaponry revealed by Putin in Moscow late last week, Schwartz believes “it’s sort of less than meets the eye,” and argues much of the show “was for domestic political consumption” in advance of Russian’s Presidential election later this month. While the new weapons systems are, ostensibly, said to be a response to the deployment of U.S. defensive missiles, Schwartz contends those systems don’t actually work --- even if Russia believes they do.

The massive new Intercontinental Ballistic Missile (ICBM) revealed by Putin, however, “is for real”, Schwartz says, adding: “It's worth pointing out that the New START agreement just went into effect officially last month. If Donald Trump does not choose to extend it, it will expire in three years, in 2021, and if it does, that means Russia can deploy as many nuclear ICBMs and submarines and bombers, without any constraint whatsoever, and completely overwhelm any missile defense system we have. And then we'd be truly off to the races.” To date, he notes, “Trump has said this is a bad deal and we're not going to do it.”

Finally, as if all of that doesn’t offer enough doom and gloom for ya, Desi Doyen joins us for our latest Green News Report, as potential nuclear doomsday scenarios are matched only by our ongoing doomsday climate crisis...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Star of CBS' 'Mom', Advisory Board Chair of Progressive Democrats of America joins us in studio for the hour!...
By Brad Friedman on 3/5/2018 6:23pm PT  

On today's BradCast, on the day following Sunday night's Academy Awards show, we're joined in studio at KPFK/Pacifica Radio for the hour by our friend MIMI KENNEDY, Advisory Board Chair of Progressive Democrats of America and star of the CBS sit-com Mom (which also stars last night's Best Supporting Actress winner Allison Janney). [Audio link to show follows below.]

We've got lots to discuss today with Kennedy, a longtime progressive activist and leader (that's her and me in the photo above, just after today's show), and we also open up the phone lines to callers as well.

Among the many issues and items we chat and/or bicker about today:

  • How Hollywood and its politics have changed very quickly over the past year or two in light of the #MeToo and #OscarsSoWhite movements;
  • Whether Democrats chances to retake the U.S. House this November are as good as many Dems seem to think;
  • Conservative Democrat Connor Lamb's chances of winning next week's U.S. House Special Election in the "Trump Country" of Pennsylvania's 18th Congressional district;
  • Big turnout in advance of Tuesday's first-in-the-nation 2018 primary elections in Texas;
  • Serious concerns about election integrity that still undermine democracy in 2018 (Mimi and PDA have been longtime champions for the cause!) and whether the solutions being offered by a number of states and large jurisdictions --- including a disturbing move to computer-printed and computer-counted paper ballots --- is a good idea, or if we'll be left with the same or worse lack of ability for the public to oversee election results that we already have in many places. (Among them, see the 100% unverifiable computerized touch-screen style voting systems used in much of Georgia, Texas, Pennsylvania, etc.);
  • And whether elected Democratic officials and 2020 Presidential hopefuls are finally understanding the importance of single-payer "Medicare for All" (or, as PDA has been advocating for years: "Healthcare not Warfare!").

Also on today's show: More tentatively encouraging news on the Korean Peninsula (at least until Trump screws it up again); Trump's artificial DACA deadline hits, endangering hundreds of thousands of young immigrant 'Dreamers'; Another senior Republican U.S. Senator, Thad Cochran of Mississippi, announces that he is resigning, as of next month.

All of that and a bunch of great callers ringing in on all of the above on today's BradCast!...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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What we can and must do to protect the 2018 elections...
By Jennifer Cohn on 2/19/2018 3:30pm PT  

[This article, constructed as a handout for concerned voters and election officials, was originally posted to Medium by Jennifer Cohn on 2/17/2018 and is cross-posted in full here with her permission. This article is also available for easier printing and sharing as a PDF here - BF]

Our elections are under attack. Intelligence officials concur that Russia plans to target the 2018 midterm elections.[1] One hundred experts in the fields of computer science and statistics have recommended paper ballots and post-election statistical audits to protect our democracy.[2] But some election officials have undermined efforts to implement these security measures with irresponsible and false assurances that it would be difficult for hackers to alter the outcome of a national election under our current system.[3]

This handout strives to break through this disinformation with sourced facts that expose the truth about our computerized voting systems. We hope that concerned citizens will use this handout as a tool to persuade decision-makers of the urgent need for paper ballots, robust post-election audits, and other security measures...

--- Click here for REST OF STORY!... ---

Trump's horrible week; Rubio, Grassley shame after Florida shooting; Russians used GOP 'fake news' and the party is doubling down...
By Brad Friedman on 2/16/2018 6:32pm PT  

We begin today's BradCast with a somewhat harrowing and breathtaking round-up of what has been an exceptionally bad news week, even for this particular White House. But all of that got considerably worse on Friday. [Audio link to show is posted below.]

New grand jury indictments [PDF] were filed against 13 Russian nationals and three Russian entities, by Robert Mueller's Special Counsel probe, for alleged interference in the 2016 Presidential election. We detail what the indictment says and doesn't say, and how Donald Trump and his White House are lying about both.

Then, before it disappears into the ether, more coverage of the shameful dodging, denial and misdirection from Senate Republicans --- of particularly shameful note were Senators Chuck Grassley (IA) and Marco Rubio (FL) on Thursday --- following Wednesday's horrific mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida.

Despite some twisted misdirection from Grassley on "mental health" issues (he sponsored the bill passed last year to make it easier for the mentally ill to purchase weapons) and desperate remarks from Rubio on the purported futility of any and all laws regarding guns (or anything else, apparently), we detail the reason why the U.S. has so many mass shootings, according to dozens of peer-reviewed studies from around the nation and the world: the obscene number and easy availability of guns in the U.S., which is unparalleled among developed nations. Period.

Next, Friday's grand jury indictments from Mueller detail a disturbing and well-organized Russian-based scheme to try and undermine the U.S. Presidential election by using social media to spread "derogatory information about Hillary Clinton, to denigrate other candidates such as Ted Cruz and Marco Rubio, and to support Bernie Sanders and then-candidate Donald Trump."

But the methods and material they used for doing so came directly out of the well-worn GOP and rightwing media playbook. Fake news said to have been spread by Russian social media accounts declaring, for example, "voter fraud" in Florida just days before the election, as cited in the Mueller indictments, was, quite literally, taken straight off of Fox "News" and other rightwing media outlets, where fake news of the type said to have been spread by Russian agents has been used for years to manipulate the U.S. electorate.

Worse still, it appears that Republican officials and candidates for office are now creating their own fake news sites with legitimate sounding names --- from the "Arizona Monitor" to the "Maine Examiner" to "The Free Telegraph" (that one is run by the Republican Governors Association!) --- in order to scam voters with wildly fake and/or slanted "news", meant to appear legitimate.

So, yes, foreign interference in our elections is of concern, but, as we explain today, the far greater threat to American democracy is still "coming from inside the house."

Finally today, Desi Doyen joins us for the latest Green News Report, as U.S. intelligence agencies contradict the Trump Administration on climate risks, ExxonMobil fights back against climate lawsuits, the corporate media continue to fail on climate change coverage, and a bit of good news, happily, from the Queen of England...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Choose monthly amount...

(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Guest: David Daley on the battle to overcome partisan gerrymandering; Also: Many now calling for 'paper ballots' still missing larger concerns...
By Brad Friedman on 2/13/2018 6:40pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Choose monthly amount...

(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Trump proves (again) he knows nothing about climate change; Former CO GOP Chair sentenced for voter fraud; and other news you need to know...
By Brad Friedman on 1/29/2018 6:17pm PT  

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

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

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

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

Download MP3 or listen to complete show online below...

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Guest: Barbara Arnwine of the new Nat'l Commission for Voter Justice...
By Brad Friedman on 1/19/2018 6:50pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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In wake of President's reported 'shithole countries' comment, the GOP's toxic, racist policies are laid bare in the U.S. and across the globe...
By Brad Friedman on 1/12/2018 6:43pm PT  

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

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

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

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

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

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

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

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All of that and more evidence of wheels coming off everywhere...
By Brad Friedman on 1/4/2018 6:03pm PT  

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

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

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

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

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

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

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

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

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Guest: BRAD BLOG legal analyst Ernest A. Canning...
By Brad Friedman on 12/28/2017 5:41pm PT  

On today's BradCast, one last battle over democracy before 2017 comes to a close, and an early look forward to the battles --- and, perhaps, "democracy's revenge" --- that lie ahead in 2018. [Audio link to show follows below.]

In his last minute bid to prevent final certification of the first Democrat to be elected to the U.S. Senate in more than two decades, Alabama's Republican candidate Roy Moore filed an 80-page lawsuit [PDF] late Wednesday night alleging massive "voter fraud" and other somewhat confusing irregularities are to blame for his December 12 Special Election loss to the Democratic candidate Doug Jones.

A state court judge quickly dismissed Moore's complaint on Thursday morning and Jones was certified shortly thereafter as having defeated him by nearly 22,000 votes out of some 1.3 million cast. Jones will fill the seat vacated by Alabama's former Republican Senator turned Donald Trump's U.S. Attorney General Jeff Sessions shortly after the new year.

We're joined today by long-time BRAD BLOG legal analyst ERNEST A. CANNING who largely dismisses the allegations detailed in Moore's suit. Though, as we discuss, the GOP may have themselves to blame for making it difficult, if not impossible, for federal candidates in Alabama (and elsewhere) to ensure the accuracy of computer-reported vote tallies, even when they are based, as in AL, on hand-marked paper ballots scanned by computer systems but never verified for accuracy by human beings.

Moore's complaint, Canning adds, is also deficient when it comes to presenting any actual hard evidence of fraud by voters. The controversial Republican cites statistical analyses focusing on high turnout in a number of African-American districts said to contrast with Exit Poll data, and the affidavit of one poll worker who claims she saw more out-of-state IDs than usual used by voters even though that's perfectly lawful under the state's strict Photo ID voting restriction. Beyond that, no hard evidence is offered by the complaint to prove that any illegal votes were cast in the election, much less thousands of them.

Then, we discuss two of Canning's recent articles at The BRAD BLOG, both looking forward towards what he describes as the possibility of "democracy's revenge" in 2018. In one, he details why every single Republican U.S. House member from California could be in jeopardy of losing their seat in the "deep blue" state next year. In the other, he lays out what he describes as "Revolutionary Strategies to End GOP Rule in 2018" across the nation.

The CA attorney and 2016 Senior Adviser to Veterans for Bernie also discusses the need for "political maturity" among both progressive and establishment Democrats alike, in order to effectively take on the GOP following the 2016 election of Trump and his compliant Republicans in Congress who, he argues, have since revealed their true nature of legislating only for the benefit of the rich at the expense of the poor and middle class.

Desi Doyen then joins us for our final Green News Report of 2017, rounding up both the good and horrific news over the past year, including, despite Trump's best efforts, a number of very hopeful signs for the environment as we head into 2018. And, finally, we close with one last punch in the face at the intolerable and seemingly endless 2017, from comedian Lewis Black.

Angie Coiro guest-hosts for us on tomorrow's BradCast, and Desi and I will see you again after the New Year holiday! Until then, my thanks to those of you who have answered our call by stopping by in support of our efforts to try and continue our work --- over your public airwaves --- as long as possible into the new year!


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Guest: Election integrity advocate Lulu Friesdat; Also: One deadly disaster after another, the 'Corker Kickback', calls for Franken to un-resign...
By Brad Friedman on 12/18/2017 6:44pm PT  

On today's BradCast: Yet another mind-blowing adventure in attempted election oversight. This time regarding the complete destruction of all paper ballots in the middle of a Florida lawsuit, following an election between two Democrats, one of them a powerful member of Congress. [Audio link to show follows below.]

But first: Deadly and costly disasters, natural and otherwise, top the news headlines on today's program. Among them: the catastrophic Amtrak train derailment on a brand-new line near Seattle, the second straight week for still-raging apocalyptic wildfires in Southern California, and the continuing disaster in Puerto Rico where, three months after Hurricane Maria came ashore, one-third of the island is still without power and the Governor has finally conceded that the official death toll of 64 may be as much as 1,000!

All tolled, hundreds of billions will be needed to rebuild from those deadly disasters, and yet Republicans in Congress are still hoping to pass a $1.5 trillion tax cut, largely for wealthy Americans, before Christmas. Their scheme took a troubling turn over the weekend, as a new provision was added to the legislation during reconciliation of the House- and Senate-passed versions late last week. The new provision, it was revealed by David Sirota at International Business Times, would give special tax breaks to owners of large real estate holding LLC's like President Donald Trump, House Speaker Paul Ryan and, most curiously, Sen. Bob Corker who, on Friday, mysteriously reversed his previous opposition to the bill after the new provision was tacked on, in what many are now calling the #CorkerKickBack.

Then, we're joined by journalist, documentarian and election integrity advocate LULU FRIESDAT to discuss the remarkable turn of events recently revealed in response to multiple public records requests she has made over the past year in hopes of reviewing hand-marked paper ballots from the Democratic primary election last year between Rep. Debbie Wasserman-Schultz and her Bernie Sanders-endorsed challenger Tim Canova.

Just weeks after being forced to step down as chair of the DNC amidst the release of stolen emails from party officials, Wasserman-Schultz soundly defeated Canova in the first primary she'd faced in her six terms as a member of Congress. But, unexplained vote count numbers --- such as hundreds of more voted ballots than voters signed in to the poll books in the 23rd Congressional District race in Broward County, FL --- led to Friesdat's attempt to examine the paper ballots by hand, in hopes of determining if they were tallied correctly by the county's computer tabulators during the August 2016 Democratic primary. Eventually Canova himself filed a lawsuit against the county's Supervisor of Elections Brenda Snipes, after Friesdat says she was continually denied access to the materials.

In November of this year, well over a year after Snipes certified the contest, both were finally invited to inspect the Broward County ballots only to learn upon arrival that all of them had actually been destroyed by the county in the middle of the lawsuit. Only digital images of what were purportedly the original ballots were available for examination, according to Snipes, in what appears to be, according to Politico's survey of election experts, a clear and stunning violation of federal election law requiring all such materials be retained for 22 months after an election.

Friesdat tells me that neither her nor Canova had any idea the ballots were destroyed before showing up to review them. "If you're looking at digital scans, and you don't have the original ballots to turn to, at that point you have no way of verifying that ballots haven't been switched out, that ballots haven't been added, that ballots haven't been taken away --- you don't have any verification that those are the original ballots."

Oddly enough, she explains, "in the very first public records request in November [of 2016], I requested all of the digital ballot scans for the election, and I was told that they didn't have them, that they didn't exist. And then it turned out that they did exist. So the county was duplicitous in regard to that information."

As to what's really going on here, Friesdat demures from speculation, but says, based only on what is already known on the public record, that "according to Politico, seven legal experts that they consulted all agreed that the ballots being destroyed was illegal."

It is of a piece, she observes, with the recent revelations in Racine County, WI, in November of this year, when multi-partisan election transparency advocates were finally allowed to review some of the computer-scanned paper ballots from the 2016 Presidential election. After months of similar public records request, they were allowed to view original paper ballots, only to find that, in the precincts they examined, anywhere from 2 to 6% of perfectly valid Presidential votes had been ignored by the computer tabulators entirely. That, in an election where Trump is said to have pulled off his shocking statewide victory by less than 1%.

"What's going on here is actually just a representative sample of the problems that we have with our elections, and which you have been reporting on for over a decade," Friesdat says. "We're heading into the 2018 primaries. We at least now have a growing understanding and awareness that, in many cases, our election results may or may not be accurate, and that the protocols we are using in order to get those results are not secure." She offers many other troubling observations on all of this during our conversation today.

Finally, four U.S. Senators --- two of whom had previously called for Sen. Al Franken to resign amidst allegations of inappropriate conduct --- are now, according to a new report today, said to be hoping that he might reconsider his previously-announced plans to resign "in the coming weeks", before the Senate Ethics Committee has even investigated the charges against him...

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Also, guest David M. Rothschild on a new study finding real, not fake, news was the problem in the 2016 Presidential election...
By Brad Friedman on 12/12/2017 4:55pm PT  

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

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

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

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

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

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

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

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

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

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

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Terror attacks in NY, KS, NM; Pentagon to allow transgender enlistment, despite Trump's ban; SoCal fire update; A big election integrity court win and deep dive into the mad state of Alabama's U.S. Senate election as voters head to the polls...
By Brad Friedman on 12/11/2017 5:58pm PT  

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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