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Latest Featured Reports | Saturday, February 16, 2019
Trump is a Nat'l Emergency: 'BradCast' 2/15/19
Guest-host Angie Coiro w/ Joel Simon of Comm. to Protect Journalists; Also: The fate of big-tech host cities; Weld to primary Trump?; RBG returns to SCOTUS...
Power to the People! (& Why Coal Miners Should've Voted Hillary): 'BradCast' 2/14/19
Trump Commission shuts KY, TN coal plants; Barr confirmed; Funding bill approved, fake 'Emergency' soon; Freshmen light up House; GOP Green New Deal freak-out...
'Green News Report' 2/14/19
  w/ Brad & Desi
Repubs move quickly to demonize Green New Deal; Insects declining at alarming rate; Public lands bill passes in Senate; PLUS: Los Angeles ditches natural gas for electricity...
Previous GNRs: 2/12/19 - 2/7/19 - Archives...
Butterfly Refuge Sues to Block Wall, Break-ins by CBP Officials: 'BradCast' 2/13/19
Guest: Marianna Trevino-Wright of the Nat'l Butterfly Center; Also: Hannity allows Trump to take wall deal; FEMA Director abruptly quits...
Targeted? 1000s of Black Votes 'Missing' from GA's 2018 Lt. Guv Election Results: 'BradCast' 2/12/19
Guest: Marilyn Marks; Also: Trump's sad El Paso rally, new (even worse) 'wall' deal...
'Green News Report' 2/12/19
GNR Special Coverage: Democratic Rep. Ocasio-Cortez and Sen. Markey introduce the Green New Deal. What's in it, what's not, and what happens next...
Groundhog Day All Over Again?:
'BradCast' 2/11/19
Trump Border Lies, Shutdown Talks, Virginia's Political Mess. Plus: Listener calls! Including one calling for segregation?! (Yup.)
Sunday 'Year of the Pig' Toons
PDiddie celebrates the Lunar Looney New Year in his latest collection of the week's best political toons...
'Green New Deal' Rising: 'BradCast' 2/8/19
Guest: Climate/energy reporter David Roberts of Vox on the policy and the politics; Also: Witless Whitaker's remarkable House Judiciary testimony...
'Green News Report' 2/7/19
Trump SOTU was low on facts, high on oil; Dems bring climate science back to the U.S. House; PLUS: It's official: we've just lived through the five hottest years on record...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
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...
VA GOP VOTER REG FRAUDSTER OFF HOOK
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...

DOJ PROBE SOUGHT AFTER VA ARREST
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...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
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...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

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

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
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...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
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...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
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...

GOP REGISTRATION FRAUD FOUND IN FL
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: Election expert Marilyn Marks on GA 2018 Lt. Gov. election contest as state moves to unverifiable barcoded ballots; Also: FL 2020 GOP power-grab update; IA Repubs vote to NOT count absentee ballots...
By Brad Friedman on 1/29/2019 6:50pm PT  

No, we're still not done with the 2018 elections on The BradCast, even as we begin to turn towards the hell that awaits in 2020...because someone's got to. We've got several follow-up stories today, and some new ones. All of them maddening for those of us who believe in fair and overseeable public elections. [Audio link to today's show is posted below.]

First today, an update to a story we covered in detail yesterday. Florida's new Republican Governor Ron DeSantis recently suspended the elected Palm Beach County Supervisor of Elections, Susan Bucher, falsely charging the 10-year elections official --- one of the most knowledgeable and respected in the nation --- with "incompetence". Her suspension followed on another by Rick Scott, the previous Republican Governor, of the Supervisor of Elections in Broward County. In both cases, the officials in two of the most Democratic counties in the closely-divided swing-state have now been replaced with Republicans in advance of 2020. These are extraordinary partisan power grabs.

While Bucher had vowed last week to fight her suspension, about an hour after we got off air yesterday she decided to resign rather than challenge her case to the partisan GOP-controlled Florida state Senate, her only option under state law. Here's the full statement [PDF] on her decision to resign that Bucher sent me earlier today.

An outrageous decision by Republicans in Iowa's state legislature on Monday illustrates a similar concern in the Hawkeye State. There, Republicans in the state House of Representatives won a party-line vote to reject 29 absentee ballots cast in an Iowa state House race last November that was reportedly won by the Republican candidate by just 9 votes out of more than 14,000 cast. The unopened ballots in question were missing a postmark --- the Postal Service acknowledges they don't always postmark absentee ballots --- but had barcodes on the envelopes confirming that the ballots were sent and received by the Post Office in time to be included in the tally. Nonetheless, GOP state lawmakers refused to open the ballots and include them in the count, denying the voters their right to vote and ensuring the 9 vote "victory" by the incumbent Republican Rep. Michael Bergan, The Democratic candidate who filed the election challenge, Kayla Koether, says she's considering a lawsuit with some of the voters in response.

Speaking of rejected challenges, we're joined once again today by MARILYN MARKS of the Coalition for Good Governance for several maddening updates to at least two election cases that her organization has filed in Georgia. One, which we initially covered with her when it was filed last year, is an election contest to the results of November's Lt. Governor's race. That contest featured an inexplicably huge undervote rate, but only in that race (not in any other races much farther down the ballot) and only on the state's 100% unverifiable touchscreen voting systems (the undervote rate was as expected, in line with other contests, on hand-marked paper ballots sent via mail or at the polls during early voting in the some race.)

That contest, however, was recently dismissed in an remarkable ruling by Cobb County Judge Adele Grubbs. She found the plaintiffs offered no evidence that votes were cast illegally or that legal votes were rejected, after refusing to allow discovery that would have permitted an expert forensic investigation of the state's unverifiable, easily-hacked, oft-failed touchscreen voting systems. Marks' organization is now appealing Grubbs' ruling to the state Supreme Court and is hopeful the higher court will allow the discovery investigation that was denied, but that voting systems experts say is warranted.

Marks says the Secretary of State's office refused access the systems and the judge "forced us to go trial without the first shred of discovery, which is our legal right to have. She also denied our right to a jury trial. So the state and the court has nailed the doors shut to make sure that we don't get to find out what is behind this clear machine misprogramming, defect, malfunction, whatever it is."

At the same time, Marks has also been leading the charge in an uphill battle against former GOP Sec. of State, now Governor Brian Kemp and his Republican successor Brad Raffensberger to replace the state's unverifiable touchscreen voting systems with hand-marked paper ballots. Computer scientists and voting systems experts strongly recommend such systems [PDF], along with voters in the Peach State who have spoken out loudly and clearly in favor of hand-marked paper ballots.

And yet, the private voting system vendor lobbyists, elections officials and elected state Republicans continue to call for newly designed and expensive unverifiable touchscreen systems which produce a barcoded ballot summary card instead of a verifiable record of voter intent. It's impossible to carry out legitimate post-election audits of computer-marked ballot summaries. Nonetheless, jurisdictions around the nation --- counties in Pennsylvania, Ohio, Texas and even Los Angeles County, not to mention the the entire state of Georgia --- may soon be voting on such unauditable, unverifiable systems in the 2020 Presidential election, unless they can be stopped.

"There is just no reason that such machines should be legal in this country, given what we know now about the dangers of electronic voting," Marks tells me, while noting that computer Ballot Marking Devices (BMDs) cost about three times as much as hand-marked paper ballots systems. "There's too much money involved, and therefore a lot of people are not looking at what's best for the state. I'll just say it that way. Too many people have probably received too many favors."

"Unfortunately, for some of the decision-makers, having an unauditable system is a feature, not a bug," she opines, while remaining hopeful that "people are catching on" that a barcoded ballot system is not the same as a verifiable hand-marked paper ballot system, despite how elections officials are misleading voters around the country.

Finally today, speaking of 2020, Desi Doyen joins us with the latest Green News Report as Democratic candidates begin taking positions on a "green new deal", as hundreds are dead or missing in a mining dam collapse in Brazil, and as a powerfully frigid Arctic polar vortex descends on much of the U.S. (thanks, in no small part, to climate change)...

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

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Also: Govt still closed; Trump approval plummeting; Pelosi calls his SOTU bluff; Cohen cancels; Maher: How the middle-class has been squeezed...
By Brad Friedman on 1/23/2019 6:46pm PT  

Donald Trump was busy 'making American great again' today by extending the longest federal government shutdown in the nation's history, intimidating and threatening federal criminal witnesses and their families, lying about Democrats and calling the U.S. House Speaker silly names. And --- oh, yeah --- continuing to do nothing about a very clear case of election-flipping fraud.

By and large, the only good news we could find for today's BradCast comes from the states. But we'll take what we can get. Among the stories covered on today's program:

  • Los Angeles teachers returned to work after a six day strike was settled with a new contract that increases pay and decreases class size, among other things;
  • In D.C., in the meantime, the government shutdown continued as new polling from AP-NORC finds Trump's approval numbers plummeting over the last month in the bargain;
  • After the President insisted on Wednesday that he was coming to Congress next week to deliver his State of the Union address amid the shutdown, Speaker Pelosi called his bluff and announced she was officially postponing it until after the government was reopened;
  • Also cancelled for now, the public testimony of Trump's former lawyer Michael Cohen before the U.S. House Oversight Committee that had been scheduled for the first week in February. The cancellation, according to Cohen's attorney, comes after the President's attempts to intimidate the federal witness by calling for his family to be investigated. Intimidating or threatening Congressional witnesses is a federal crime, not unlike the felony Cohen says Trump "directed" regarding hush-money payoffs before the 2016 election to women with whom Trump had allegedly had sexual affairs. Cohen could still be subpoenaed to testify before he begins a three year sentence in March;
  • The U.S. House seat from North Carolina's 9th Congressional District remains vacant today, after a state judge on Tuesday declined to order the certification of Republican Mark Harris amid the ongoing investigation into absentee ballot fraud by a GOP contractor hired by Harris. The apparent fraud by the contractor, McCrae Dowless [pictured above with Harris], appears to have flipped the race in Harris' favor by 905 votes. The State Board of Elections investigating the matter was dissolved earlier this month by a court, in an unrelated case which found that Republican state lawmakers had unconstitutionally changed the make up of the Board to disadvantage the Democratic Governor elected in 2016. That was the same year that Dowless was reported to have committed absentee ballot fraud on behalf of a number of other Republicans.

    Despite the State Election Board's referral for prosecution to Trump's U.S. Attorney in the state in 2017, action was never taken by federal prosecutors in response to the mountain of evidence of actual election fraud discovered by the Board. That, as Trump falsely claimed that same year that massive "voter fraud" was the reason for his 3 million vote loss to Hillary Clinton in the popular vote. While Trump was lying about massive voter fraud, his U.S. Attorney in North Carolina was prosecuting a handful of cases of unlawful votes allegedly cast by some non-citizens, while ignoring the election-flipping GOP absentee ballot fraud scam and allowing it to be repeated in the 2018 contest;
  • One of Trump's longtime partners in false claims of non-citizen "voter fraud" was then-Kansas Sec. of State --- and top GOP "voter fraud" fraudster --- Kris Kobach, who lost his race for Governor last year to Democrat Laura Kelly. Now, KS state lawmakers have introduced measures to revoke the prosecutorial powers they had granted to Kobach, at his years-long insistence. (He was the only Sec. of State in the nation to enjoy such powers.) The new GOP Sec. of State in Kansas wants to return the office to its original purpose of administering elections, after years of claims by Kobach that "illegal aliens" were stealing Kansas elections by unlawfully voting. The disgraced former Sec. of State failed to prosecute any such cases. But he did nab less than a dozen voters, mostly for casting ballots in two different states while owning property in each;
  • Finally today, some Dems floated the idea of giving Trump some of the billions he's demanding for a border wall, but only for other forms of border security. At the same time, Republicans supporting the President's demands have never once demanded to known how that spending would be paid for, despite repeatedly telling Americans we simply can't afford money for healthcare or education or infrastructure or the environment or verifiable election systems unless we cut spending elsewhere. With that in mind, we close with a noteworthy observation by HBO's Bill Maher last weekend on what Americans should really be learning from the longest federal government shutdown in U.S. history...

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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Guest: Marilyn Marks of Coalition for Good Governance; Also: Crippling winter weather, Trump shutdown and probe news, CA's PG&E to file for bankruptcy protection, L.A. teachers on strike...
By Brad Friedman on 1/14/2019 6:52pm PT  

On today's BradCast, it's another one of those impossible Mondays catching up with a weekend full of news in the Trump Era, and the seemingly impossible fight on behalf of voters who seek actually verifiable election results (which require HAND-MARKED paper ballots, according to a new letter from two dozen computer science, security and voting system experts.) [Audio link to show posted at end of article.]

Before we get to our guest today on that crucial issue which threatens elections oversight from Georgia to Los Angeles, a bunch of news and quick headlines from across the country. Among those headlines...

Winter weather crippled much of nation over the weekend and into the beginning of this week, from heavy rains and flash floods in recently fire-ravaged California, to monster snowfall in the Midwest, to icy conditions in the East. The latter succeeded in shutting down even parts of the federal government in D.C. that weren't already closed due to Donald Trump's continuing partial federal government shutdown --- now the longest in U.S. history --- to demand $5.7 billion for his promised, pointless and ill-considered southern border wall.

Decidedly not shutdown in D.C. this week are disturbing new revelations, as reported by New York Times late Friday, that the FBI had opened a counterintelligence probe of the President of the United States in 2017, to determine whether Trump was either a witting or unwitting agent of Russia. That, as Trump's Attorney General nominee William Barr, on Monday, released his prepared opening remarks in advance of his confirmation hearings this week in the U.S. Senate Judiciary Committee. Despite his previous criticism of Special Counsel Robert Mueller's probe and his argument that Presidents cannot be investigated for certain things, Barr now says the Special Counsel investigation should be allowed to finish and its report should be made public.

In California, the state's largest private utility company, Pacific Gas and Electric (PG&E), announced their intention to seek bankruptcy protection in light of tens of billions of dollars in potential legal liability for maintenance failures that helped spark a number of the historic and deadly fires that crippled the state during last year's record wildfire season. And, in Los Angeles, some 35,000 teachers at the nation's second-largest school district walked out, striking to demand higher pay and smaller class sizes.

Next, we turn to some election news, with New York state, one of the most restrictive in the nation when it comes to voting access, finally moving to update its system with a package of bills this week that include early voting, vote-by-mail, same-day voter registration and other long-overdue reforms.

In Georgia, meanwhile, two dozen of the nation's top Computer Security and Voting Systems experts issued a critical landmark letter [PDF] last week to the state's Secure, Accessible and Fair Elections (SAFE) Commission, essentially begging the panel, convened by former Republican Sec. of State and incoming Governor Brian Kemp, to not move the state's voting system from 100 percent unverifiable touchscreen Direct Record Electronic (DRE) systems to similarly unverifiable touchscreen Ballot Marking Devices (BMD), which print out a computer-marked and barcoded summary of voters' ballots. They call instead for hand-marked paper ballots, which they describe as "the best method for recording votes in public elections."

The letter notes that BMD systems are more expensive than hand-marked paper ballot systems but, more importantly, cannot be audited after an election to determine whether the results reflect the actual intent of voters. Despite the scientists crucial recommendation last week, and every comment --- other than from election officials and private voting system vendor lobbyists --- made by the public at last week's SAFE Commission hearing, Kemp's panel shamefully voted to recommend BMDs to state lawmakers.

But, while that virtually inexplicable action moves ahead in the Peach State under Republican rule, the nation's largest voting jurisdiction, Los Angeles County, under Democratic rule, has already decided to move to a pricey and similarly unverifiable touchscreen BMD system before the 2020 Presidential election!

We're joined today by MARILYN MARKS, a national leader in the fight for HAND-MARKED paper ballot systems. She heads up the non-partisan Coalition for Good Governance --- which filed several landmark lawsuits last year against Georgia's current unverifiable voting systems and in hopes of preventing their new ones.

"The point is a very, very simple point that the SAFE Commission --- and apparently L.A. --- pretends that they are missing," argues Marks. "They all talk about how they want elections that can be audited. Well, when you use these Ballot Marking Devices, the election cannot be audited, because the source document [the computer-marked, barcoded ballot] is not an original transaction. It cannot be audited. Therefore you cannot audit the results."

Making matters worse, even if every single voter manages to correctly verify the computer-printed, human-readable summary of voter selections, "what's actually cast and the actual official vote is a barcode. Now, none of us can read barcodes. I don't know what vote I'm actually casting. I am casting a barcode, but what in the world does that barcode actually say? That, to me, is a Constitutional violation."

We discuss that and the many other dangers of BMD systems being implement across the country --- with little or no pushback in places like L.A. --- as well as the differences between the proposed new systems from private vendors in GA and the publicly-owned one already coming to L.A. County. In short, despite a number of explanations offered to us by the County's Registrar-Recorder/County Clerk Dean Logan (shared on today's program) Marks argues there is little, if any, difference in the lack of verifiability and auditablity of such voting systems.

Finally, we take just a few listener calls on all of the above on our way out today...

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

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Guest-host Angie Coiro with the latest shutdown news, HR-1, border update; Also: More with health care futurist Joe Flower...
By Angie Coiro on 1/4/2019 6:28pm PT  

On today's BradCast, I'm with you one more time, then Brad and Desi are back! I'm visiting from In Deep with Angie Coiro, sharing the airwaves and streams with the BradCast.

A troop of Dems led by Nancy Pelosi made a promising presentation on HR-1. Right now the sweeping proposal to reform elections, campaign funding and oversight is nothing but a proposal. Republicans will certainly work against many of its provisions, including its voting rights measures efforts to stem the flow of politicians to lobbying corps. Even so, some of the rhetoric today from the likes of Elijah Cummings and John Lewis was genuinely moving and full of real passion. I've brought you long chunks of it.

Likewise, Sen. Chuck Schumer spoke frankly and with few punches pulled addressing the shutdown, which is cruising into Day 15.

I spend a lot of well-deserved time today on this essay by Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice. Now that Trump is throwing around not-so-veiled threats about declaring a national emergency and his willingness to keep the shutdown in effect for "years", it's good to know exactly what he can get away with. Hint: a lot.

To wrap up the week: Part Two of my conversation with health care futurist JOE FLOWER. You're welcome!

Download MP3 or listen 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!




Guest: Public Citizen's Craig Holman; Also: WI's Walker signs power grab bills; MI's Snyder undermines voters; NC's GOP Election Fraud scandal spreads to new district; ME's RCV hand-count ends early...
By Brad Friedman on 12/14/2018 6:47pm PT  

On today's BradCast: Lock him up! Plus a whole bunch of November 6 midterm fallout, follow-up and fraud. [Audio link to show follows below.]

Yes, despite his many desperate and ever-shifting attempts to explain (lie) his way out of it, all evidence demonstrates that Donald Trump quite clearly committed a major, indictable, campaign finance felony in his hush-money payoffs before the 2016 election to women with whom he had had sexual affairs. We're joined today by longtime campaign finance expert CRAIG HOLMAN of Public Citizen for a very sober, clear, point-by-point explanation of Trump's apparent crime in this matter and what can (or, at least should) be done about it.

Holman methodically debunks each of Trump's various claims --- offered via both Fox "News" and on Twitter --- in the wake of the criminal sentencing in federal court on Wednesday, of his longtime personal attorney and "fixer" Michael Cohen. Cohen pleaded guilty for, among other things, facilitating the illicit, covert payoff scheme "directed" by Trump to cover up the trysts so they wouldn't adversely effect his 2016 election chances. Holman elaborates on how any other elected federal official would "absolutely" be indicted for the exact same unlawful scheme.

"Every other government official is subject to the laws of the nation, just like you and I. And we have seen many members of Congress, for instance, and other Executive Branch officials face indictment, prosecution and even imprisonment for this type of felony behavior," he tells me.

The only thing preventing similar accountability for Trump, Holman argues, is the controversial opinion from the Justice Department's Office of Legal Counsel (OLC) which states that a sitting President may not be indicted on criminal charges. But, Holman says, citing recent arguments from Richard Nixon's former counsel John Dean, that's precisely what the U.S. Constitution's 25th Amendment was already designed to handle.

"The entire rationale behind [the OLC opinion] it is that indicting a President would incapacitate the Executive Branch, and therefore you just can't indict a sitting President," he says. But "we've got the 25th Amendment in the Constitution, and that sets up an entire transition period if the President becomes incapacitated. So there is no incapacitation. We know the transition. So the president should be subject to indictment."

Beyond the protection of the OLC opinion, Holman notes one very narrow potential argument that Trump might otherwise be able to use to avoid try and avoid legal accountability. But, he concludes, "The evidence is overwhelming that our President committed a felony."

In other news today, Wisconsin's rejected Republican Gov. Scott Walker signed a sweeping host of bills --- adopted with lightning speed by the gerrymandered GOP state legislature in an extraordinary lame duck session --- designed to undermine the Executive powers of incoming Democratic Governor-elect Tony Evers, and Attorney General-elect Josh Kaul, as well as the state's voters. At least one lawsuit in response has already been announced to challenge the new provision that restricts Early Voting in the state. A similar provision was ruled unconstitutional by the federal courts in 2016 (as we discussed recently with the plaintiff in that case.)

In Michigan, Republican Gov. Rick Snyder, also soon to be replaced by a Democrat, signed several bills on Friday that similarly undermine voters.

In North Carolina -- where Republicans invented these very types of unprecedented lame duck power grabs back in 2016 --- the GOP absentee ballot election fraud scandal that has, so far, prevented the certification of Republican Mark Harris' reported 905-vote "victory" over Democrat Dan McCready in the state's 9th Congressional District, may be spreading to a completely different U.S. House District. In Columbus County, in the state's 7th CD, there was reportedly an even larger percentage of mysteriously unreturned absentee ballots from Democratic voters than that which originally sparked the 9th CD's ongoing election fraud probe. In Columbus, a Republican candidate for Sheriff is said to have unseated the Democrat Sheriff by by just 37 votes after hiring the same GOP contractor at the center of the NC9 absentee ballot fraud allegations. As we've been reporting, evidence revealed during the ongoing investigation in NC9 will, almost certainly at this point, result in a new U.S. House election there.

Finally today, in Maine, incumbent Republican Rep. Bruce Poliquin saw his Constitutional challenge to the state's new Ranked Choice Voting system rejected by a Trump-appointed federal judge on Thursday. On Friday, he called off the ongoing hand-count he had requested in his 2nd Congressional District race. Poliquin, after winning the most votes in the first computer tally by more than 2,200 votes, failed to win a majority. In the next round of counting, after voters' second place choices were redistributed to other candidates according to the computerized RCV algorithm now used to tally ballots in the state, Democrat Jared Golden was declared the winner of the November 6th contest. The complicated RCV hand-count began last week and, until ended by Poliquin today, was otherwise expected to continue for several more weeks. The outgoing Republicans says he is still mulling an appeal to the federal court ruling.

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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Guest: Politico's Alice Ollstein; Also: New revelations in NC-9 GOP election fraud scandal all but guarantee a new election will be coming...
By Brad Friedman on 12/12/2018 6:33pm PT  

On today's BradCast: Trump appears now to be in very big trouble. So do Republicans in North Carolina's 9th Congressional District. But President Obama's Affordable Care Act soldiers on, even as signups are down as the open enrollment period for 2019 on the federal HealthCare.gov exchange quietly nears its close on Saturday, December 15th.

On Wednesday, Donald Trump's former personal lawyer and 'fixer' Michael Cohen was sentenced to three years in prison and some $2 million in fines after cooperating with federal prosecutors following guilty pleas to several felonies in August. Special Counsel Robert Mueller's team noted that Cohen has been helpful in their probe of Trump's still-unexplained relationship with Russia, but it was the charges brought by federal prosecutors against Cohen in New York's Southern District related to hush-money payoffs to women with whom Trump was said to have had sexual affairs that most immediately appears to cook Trump's goose.

Both Cohen and the federal government now allege that Trump, in the waning days of the 2016 campaign, "directed" a conspiracy to pay off the women in order to buy their silence in an illicit scheme to "influence the election". Those payoffs of $130,000 to porn actress Stormy Daniels and $150,000 to Playboy model Karen McDougal (via National Enquirer publisher AMI) are considered illegal campaign contributions.

Also on Wednesday, prosecutors announced a non-prosecution agreement with AMI, run by longtime Trump pal David Pecker, in exchange for their cooperation in the case. As discussed on today's show, Trump now appears to be in very VERY big trouble, at this point. If the man who helped make the payoffs at Trump's "direction" --- who had also cooperated with investigators --- received three years in prison for his crimes, imagine what may happen to the man who actually directed the conspiracy.

While there are still a number of potential escape hatches such as the Presidential pardon power for Trump, his associates, his family members and his businesses, a new interview with incoming New York state Attorney General-elect Letitia James suggests she has that base covered as well. James says she intends to "use every area of the law to investigate President Trump and his business transactions and that of his family as well" at the state level, including "anyone" in his circle who may have violated state law. Trump's businesses and campaign are based in New York. James tells NBC she intends to bring state charges in an attempt to ensure Trump, his associates, his family and his various organizations are unable to evade accountability with Presidential pardons at the federal level.

In North Carolina, meanwhile, fresh revelations continue to emerge regarding the 9th Congressional District election which is at the center of an ongoing GOP absentee ballot election fraud scandal. New details in that matter today include the state Republican Party's admission that a new election will most likely be needed, following news this week that Early Voting results in Bladen County were reportedly leaked, illegally, in advance of the November 6th election.

Moreover, a new affidavit from a Republican now charges that McCrae Dowless, the GOP contractor hired by Republican Mark Harris to run his absentee ballot campaign in Bladen, where the fraud scheme appears centered, told him that he (unlawfully) had as many as 800 absentee ballots in his possession prior to the election. What came of those ballots we don't yet know, but Harris is said to have defeated Democrat Dan McCready by just 905 votes in the 9th District last month. At this point, I see no way that a new election in the district can be avoided, other than simply naming McCready the winner.

Also today, we're joined by ALICE OLLSTEIN, formerly of Talking Points Memo, now a congressional reporter at Politico, to discuss the nearly 10 percent drop off in signups this year for the Affordable Care Act (ObamaCare), as the federal open enrollment period comes to a close this weekend. "It's not high prices that are deterring people," Ollstein argues, citing a key piece of data to back that up, before explaining the several different reasons why signups are down this year so far, and how that may affect the future stability of the federal exchanges.

With Democrats set to take the majority in the U.S. House in January, Ollstein also details their dilemma in how to best defend against a federal lawsuit brought by several Republican-controlled states (and now supported by the Trump Administration) hoping to kill the landmark ACA and its vital protections for those with preexisting conditions...

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Trump's Oval Office tantrum; The 'Bottomless Pinocchio'; New misconduct in NC-9 election fraud probe; FL's late absentee ballots; The 'Axis of Oil'...
By Brad Friedman on 12/11/2018 6:29pm PT  

On today's BradCast: A preview of the unimaginably worse dysfunction that awaits us all after Democrats take over the U.S. House majority in January and Donald Trump becomes even worse and more dishonest at his job? [Audio link to show follows below.]

First up today, some quick news headlines, including Time Magazine's announcement that several journalists, killed or imprisoned, are "Person of the Year" for 2018, and a life sentence plus 419 years recommended by the jury for the neo-Nazi who murdered activist Heather Heyer by plowing a car into counter-protesters during the August 2017 "United the Right" rally in Charlottesville, Virginia.

Also, the Washington Post Fact Checkers have been forced to create a new category to describe Donald Trump's dozens of endlessly repeated lies, such as his claims that Mexico would pay for his border wall (he's demanding U.S. tax-payers do so instead) and that his tax cuts were the largest in U.S. history (they weren't. They were the 8th largest.) The new category will be called "Bottomless Pinocchio" and will apply to lies that repeated more than 20 times after they've long been debunked by the fact-checkers as a falsehood. To date, Trump is the only politician to merit such a rating. At least 14 of his most frequently repeated lies have already earned the dubious new distinction.

Then, Trump's bizarre on-camera pageant in the Oval Office today with presumptive, soon-to-be Speaker of the House Nancy Pelosi and Senate minority leader Chuck Schumer. During a media avail before what was to be a meeting regarding the impending federal budget deadline, the three bickered about Trump's threat to shut down the U.S. Government if a budget deal fails to include billions for his southern border wall. "If we don't get what we want," Trump threatened the Democrats during the lengthy and bizarre televised negotiation, "I will shut down the government."

Pelosi and Schumer tried to convince the President to accept one of two bi-partisan deals they say could be immediately passed by both the House and Senate. But Trump, the great deal-maker, failed to budge --- so far. Trump's threat to shutdown the U.S. Government despite the costs to Americans and the economy, comes even while Republicans still control both chambers of Congress. Things are likely to get much uglier once Dems take over the House with their (at least) 40-seat majority on January 3.

Speaking of which, we've got a few more new details today on the GOP election fraud scandal in North Carolina's still-uncertified 9th Congressional District race. Republican Mark Harris is said to have won the election in November by just 905 votes over Democrat Dan McCready. But evidence of absentee ballot fraud by a GOP contractor hired by Harris (in both the general election and Republican primary) has delayed certification of the race by the State Board of Elections. They will decide whether to order a new election or declare one of the two candidates the winner. The Board had planned to review evidence from the ongoing investigation by December 21, but has now told a state court they they may need more time, given that the Harris Campaign has been slow in responding to documents subpoenaed by the Board.

Also, new evidence this week reveals that election workers in Bladen County (one of two NC counties at the center of the probe), illegally tabulated early vote results and leaked them to non-election officials (the Harris campaign?) several days prior to the close of polls on November 6th.

Meanwhile, election officials in Florida have now revealed that more than 6,600 vote-by-mail absentee ballots sent and post-marked by Election Day went uncounted in the Sunshine State's midterm election. Those numbers don't yet include ballots from Palm Beach County, a Democratic stronghold. The untabulated ballots might have effected a number of close races in FL, including those tallied in statewide "recounts" for U.S. Senate, Governor and Agricultural Commissioner. While state law allows ballots post-marked by Election Day from overseas military votes to be included in the tally if they are received up to ten days after the election, all other "late" ballots are ignored.

Finally today, Desi Doyen joins us for the latest Green News Report with news from COP24, the U.N. climate conference in Poland, where the U.S. has joined Russia and Saudi Arabia in an "Axis of Oil" and is, literally, being laughed at for pushing coal while youth protesters demand fossil fuels be kept in the ground. Back home, the Trump Administration is now planning to reclassify high-level nuclear waste at the Hanford Nuclear Reservation in Washington state (and other facilities) in order to avoid billions of dollars in clean-up at the nation's most polluted former nuclear weapons site...

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Guest: Investigative journalist Dave Lindorff; Also: U.S. House contests in NC-9, FL-15, ME-2; Schiff says Trump may face prison time...
By Brad Friedman on 12/10/2018 6:33pm PT  

On today's BradCast: The boondoggles continue --- from the Pentagon to the U.S. House and American elections --- as we can't look ahead to the new year without the continuing unresolved muck from this year. [Audio link to full show is posted below.]

When Democrats take the majority in the new Congress after the first of the year, one of their first orders of business will be determining who actually is allowed to be seated following the November 2018 midterm elections. There could be as many as three (and possibly more) seats challenged in the 116th Congress, thanks to the burgeoning GOP absentee ballot election fraud scandal in North Carolina, an admission by a newly-elected Florida Republican that he "may have" violated federal campaign finance laws, and a lengthy hand-count process in Maine's first-ever Ranked Choice Voting election for a U.S. House seat.

In NC's 9th Congressional District, Mark Harris --- the GOP candidate whose uncertified 905-vote "victory" is now being probed by state and federal officials after the emergence of evidence of absentee ballot fraud by a GOP contractor Harris hired in both the primary and general elections --- has said he'd agree to a new election, but only if evidence surfaces that the fraud in question would have changed the final results. That's a much higher bar than called for by state law, which allows the State Board of Election to take any necessary actions to "assure that an election is determined without taint of fraud or corruption."

In FL, Ross Spano, the Republican who is said to have won the race in the state's 15th Congressional District, now admits he received nearly $200,000 in personal loans for his campaign from two friends, in violation of the $2,700 per person federal contribution limit. One of those friends, despite having no official government role, is today reported to be helping to select Spano's Congressional hires. In both the NC and FL cases, it's not just Democrats crying foul. Tthe Republicans who were defeated in the primaries by Harris and Spano are also joining the public outcries.

In ME, a "recount" request by ousted Republican Rep. Bruce Poliquin in the 2nd Congressional District could result in a vacant seat for a while, as a hand-count of the complicated RCV counting process --- initially carried out after the election by a computer algorithm --- is a lengthy and onerous one that could stretch beyond January 3, when the new Congress is sworn in.

In non-election related news today, Donald Trump will reportedly call for an unprecedented $750 billion budget next year for the Pentagon after his previous increases to military spending. That, despite his description of Defense Department spending last week as "crazy" and previous vows to cut DoD's budget by 5 percent. The Administration's proposal for $750 billion is reported to be a "negotiating tactic" to ensure the $733 billion requested by the Pentagon, which is a far cry from the $700 billion Trump had called for previously and a substantial bump from the "crazy" $716 billion allocated for the current fiscal year.

We're joined today by investigative journalist DAVE LINDORFF to discuss the decades-long "accounting fraud" being carried out by the Pentagon, as detailed in his new exclusive exposé for The Nation. Citing whistleblowers, Inspector General's reports and a recent admission by the private accounting firm Ernst & Young that the Pentagon's books were so poorly documented that they simply cannot be audited, Lindorff explains how the DoD continues to seek --- and receive --- more tax-payer dollars year-after-year, even without needing or spending all they received in previous years. Rather than returning unpsent funds to the federal Treasury, DoD accounting gimmicks ("nippering" and "plugs") ensure endlessly increasing budgets and payments to Defense Contractors. The unchecked spending --- which amounts to trillions of dollars --- also helps to ensures that services Americans may actually need and want --- like healthcare, education and maintenance for infrastructure --- continue to be on the chopping block every fiscal year, even as Defense spending now accounts for 54 cents out of every federal tax-payer dollar collected.

"What the Pentagon does is they ask for more money than they need. They don't spend it all, and then they tuck away what isn't spent in ways that it won't be found --- violating the Constitution, by the way --- then that unspent money becomes a slush fund that's available to use however they want," Lindorff tells me.

"They've known about this stonewalling by the Pentagon for 26 years, which includes a lot of Democratic Congresses. Nobody has ever called them to the carpet on this," he charges. Despite Inspector General reports detailing the gimmicks and unaccounted for budget holes, "Nobody has been prosecuted for this. Nobody has been fired for this....If it's signed off on by the proper authority in the chain of command then it's 'supported' whether or not there's evidentiary material to back it."

Lindorff also argues that, with one recent exception, Democrats --- including progressives from Bernie Sanders to Beto O'Rourke --- have been largely silent on what he describes as a massive account fraud.

Finally today, Rep. Adam Schiff (D-CA), who will chair the U.S. House Intelligence Committee after Dems take over Congress next year, argued over the weekend that new filings from federal prosecutors on Friday suggest "There’s a very real prospect that on the day Donald Trump leaves office, the Justice Department may indict him" and "that he may be the first President in quite some time to face the real prospect of jail time." Schiff was referencing, among other things, details from a sentencing memo filed by federal prosecutors in New York on Friday charging that Trump "directed" a criminal conspiracy with his former attorney Michael Cohen to pay hush money to two women with whom Trump had affairs, in order to effect election results in violation of federal campaign finance laws...

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GOP knew about fraud, ignored it; Also: GOP fraud in NY; 82 Walker noms approved in WI lame duck; Lame duck 'GOP smash and grab' in MI...
By Brad Friedman on 12/6/2018 6:45pm PT  

No, Iraq hasn't (yet) announced plans to invade North Carolina to help spread democracy. But, on today's BradCast, it's starting to look like it might not be a bad idea. [Audio link to show is posted below.]

Just before air today, Dan McCready, the Democratic candidate in NC's 9th Congressional District U.S. House race tainted by evidence of GOP absentee ballot election fraud, withdrew his concession offered last month. McCready charges that Republican Mark Harris "bankrolled criminal activity" in the district in the hiring of contractor McCrae Dowless who appears to have gamed absentee ballots in Bladen and perhaps Robeson Counties, resulting in the 905-vote margin by which Harris had previously been thought to have won.

At the same time, NC-9's incumbent Republican Rep. Robert Pittenger, who Harris reportedly defeated in the primary last May, tells Washington Post that his concerns about fraud during that race --- when he lost to Harris by just 828 votes (more than half of them absentee ballots from Bladen) --- were shared with both state and national GOP officials at the time. Nonetheless, despite years-long claims of concern about fraud leading to passage of often unconstitutional GOP laws that restrict the ability of many Democratic-leaning voters to cast ballots, Republicans took no action after the primary. In fact, similar concerns about absentee ballot fraud by the same contractor surfaced after the 2016 election in the state as well.

The Charlotte Observer has now called for the 2018 election in NC-9 to be started over, from scratch, beginning with the primary. "Evidence demands it," their editorial board opined this week. We've got a whole bunch of late-breaking news related to the burgeoning NC-9 election fraud scandal today (along with my completely irresponsible prediction about how this entire thing ends).

Also, in related news, a newly emerging election fraud scandal in New York, where Republican and Independence Party leaders have now been charged with forging signatures on nominating petitions in order to boost chances for GOP candidates. (If that sounds familiar, it's because Republicans, apparently --- including very high-profile ones --- do that quite a bit.)

Meanwhile, GOP lawmakers in Wisconsin and Michigan this week continued their efforts to undermine the will of the midterm voters in the wake of disastrous performances in the November elections. In Wisconsin, where the GOP-gerrymandered legislature on Wednesday adopted unprecedented measures during an extraordinary lame duck session to remove power from the Governor, the Attorney General and voters in advance of Democratic Governor-elect Tony Evers and AG-elect Josh Kaul taking office next month, state lawmakers also confirmed 82 appointees of outgoing Republican Governor Scott Walker to state positions in one single day. Several of the positions had reportedly been vacant for as long as a year, and more than 30 of the new appointees have had no public hearing whatsoever in the state Senate. That power grab is particularly hypocritical for Walker, who warned his Democratic predecessor in 2010 to avoid all new appointments in the final two months of his term.

In Michigan, GOP lawmakers have proven similarly disdainful of voters during the lame duck session. Earlier this year, they adopted two voter-initiated ballot measures concerning increases to the state's minimum wage and paid sick leave for workers in order to prevent the proposals from appearing on the November ballot. But, this week, during the lame duck period before Democrat Gretchen Whitmer can be sworn in, Republican lawmakers gutted the measures they had just adopted in September. They would not have been able to do that had they been voted on by voters. The controversial --- and perhaps unconstitutional --- effort was given the green light by outgoing Republican AG Bill Schuette, who lost his bid for Governor in November to Whitmer.

Finally today, Desi Doyen joins us for our latest Green News Report, with a bunch of very bad news on global carbon emissions and climate change, but a bit of encouraging news from several major companies in response to it...

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Trump tariff idiocy; Runoff results and an election contest in GA; Good news in Little Rock, AR; More on NC-9's GOP election fraud scandal; WI Republicans muscle through their brazen power grab...
By Brad Friedman on 12/5/2018 7:10pm PT  

Given many of the stories covered on today's BradCast, it's beginning to feel more and more each day like the GOP is a party in its death throes. Of course, rumors of that death have been greatly exaggerated in the past. [Audio link to show follows below]

Among the many stories covered on today's program...

  • The stock market was closed today in observance of a national day of mourning declared for President George H.W. Bush, whose funeral ceremony was held on Wednesday at the National Cathedral in D.C. The market closures may prove to have been a good thing, given that the Dow plummeted some 800 points on Tuesday after it became clear that Donald Trump and his Administration had lied over the weekend regarding a deal with China to avoid more tariffs on Chinese imports. During a Twitter rant that helped send the markets plunging, Trump appeared to reveal once again that he has no idea what tariffs actually are. He seems to believe they involve foreign countries paying money to the U.S., rather than an actual tax on American consumers. Is it conceivable that he really does not understand this by now? Or is he just continuing to play his supporters for chumps? We discuss;
  • In Georgia's runoff election for Secretary of State on Tuesday, Republican Brad Raffensperger has declared himself the winner over Democrat John Barrow, in a race that will have serious repercussions for the 2020 Presidential election in the trending-"blue" southern state, where voter suppression and 100% unverifiable touchscreen voting systems created havoc in the 2018 Gubernatorial race said to have been won by GOP Sec. of State Brian Kemp. Raffensperger has called for new 100% touchscreen systems that create unverifiable computer-marked/barcoded ballot summary cards. Barrow, who is waiting for late absentee ballots to actually be tallied, has called for the only system of voting that is actually verifiable by the public after an election: hand-marked paper ballots.

    At the same time, the state's largest newspaper, the Atlanta Journal Constitution, has finally noticed the wildly anomalous undervote rate from the November 6th general election in the Lt. Governor's race, as only seen in the unverifiable touchscreen results, not on the vote-by-mail paper absentee ballots. Last week, we discussed these concerns with plaintiff Marilyn Marks of the non-partisan Coalition for Good Governance. Two weeks ago, Marks filed an election lawsuit contesting the results of the Lt. Governor's race. She and other plaintiffs are seeking a first-of-its-kind post-election forensic audit of the state's voting systems in light of the seemingly inexplicable undervote numbers;

  • But there was some good news from Tuesday's runoffs as well. In Little Rock, Arkansas, where, six decades after angry white mobs protested the integration of nine black students at the Little Rock Central High School in 1957, the town will now have its very first elected African-American mayor!;
  • In North Carolina, new details continue to emerge from the intensifying GOP absentee ballot election fraud scandal which has prevented the certification of Republican Mark Harris' purported 905-vote "win" over Democrat Dan McCready in the 9th District U.S. House race. A second woman has now come forward to allege that she was paid to unlawfully collect absentee ballots by McCrae Dowless, a former felon contracted by Harris in Bladen Country and, as discussed today, by the Bladen County Sheriff Jim McVicker. The GOP Sheriff has deleted his campaign webpage on Facebook and refuses to comment after he was found to have paid thousands of dollars to Dowless along with Harris.

    A top Democrat in the U.S. House has now suggested that "Republican operatives stole" the House seat and cites the silence from the Trump Administration about it. "LOCK THEM UP," quipped new House Democratic Caucus chair Hakeem Jeffries (D-NY) on Tuesday. Rep. Seth Moulton (D-MA) has now called for a new election and, on Wednesday, he was joined in that call by the editorial board of The Charlotte Observer, the state's largest newspaper.

    (For my part, I'm just happy that at least some in the media reporting on this have finally noticed they were previously misreporting on it as a "voter fraud", rather than election fraud, scandal, even though voters are accused of having done nothing wrong here. In fact, they are the ones who appear to have been defrauded in this matter by GOP insiders! Happily, the Washington Post removed three references to "voter fraud" in one of their stories after my complaints last week.)

    All of that, even as Republicans in the state's legislature continue to jam through a polling place Photo ID voting restriction during the lame duck period before they lose their supermajority in the upcoming new session, along with their ability to override a veto from the state's Democratic Governor. The Photo ID measure, which they've been trying to adopt for years, claiming it necessary to prevent "voter fraud", did not, until today, apply to absentee voting --- where actual fraud clearly exists;

  • Finally today, speaking of lame ducks, the GOP-gerrymandered and controlled state legislature in Wisconsin worked, literally, all night to jam through a bill aimed at stealing power from incoming Democratic Governor Tony Evers, incoming Democratic Attorney General Josh Kaul and from the state's voters who elected Democrats for every statewide office in November. Adopted by party line votes in both chambers as the sun rose today after another all-night session, Republicans hope GOP Gov. Scott Walker will sign the measure before leaving office after the first of the year. Walker, who was rejected by voters last month, has said he planned to do so.

    As we discussed on yesterday's program, the outrageous GOP power grab in WI mirrors a similar coup by the NC legislature in 2016 after a Democrat was elected as Governor in that state. Republican lawmakers in Michigan are also considering similarly desperate measures before Democrats take over as Governor and Sec. of State in that state next month. All in all, the desperate power grabs by GOPers around the country do not suggest a healthy party but, rather, one that may well be revealing its political death throes.

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Guest: OneWisconsinNow's Analiese Eicher; Also: Updates on the GOP absentee ballot election fraud probe in the NC-9 U.S. House race...
By Brad Friedman on 12/4/2018 6:41pm PT  

On today's BradCast: The GOP's utter contempt for democracy and voters is now on full display in several states where things did not go well for the party during the November midterms, and nowhere more so than Wisconsin. [Audio link to show follows below.]

In states where Democratic candidates did well in last month's midterms, leading to a loss of control by Republican lawmakers, there is now a desperate and brazen scramble in lame duck legislative sessions to pass laws in hopes of robbing power from incoming Democrats before they can be seated. In Michigan, for example, where Dems won statewide races for Governor and Secretary of State and voters overwhelmingly adopted ballot initiatives to expand voting rights, GOPers are jamming through last-minute legislation to prevent the Election Day registration that voters had adopted.

In North Carolina, the Republican-controlled state legislature is ramming through a Photo ID restriction law before they lose their Super-Majority to override Democratic Governor Roy Cooper's vetoes. That action is particularly hypocritical as the state is in the midst of a massive absentee ballot election fraud scandal, apparently perpetrated by a GOP contractor and former felon hired by Republican Mark Harris in his race against Democrat Dan McCready for the U.S. House seat in the state's 9th district. Republicans claim that Photo ID voting restrictions at the polling place are necessary to prevent fraud --- of which there is little or none by voters --- even while calling for Harris to be certified by the state despite clear evidence of serious absentee ballot fraud on behalf of the Republican candidate. We've got more new details on that ongoing probe today, which has prevented Harris' reported win --- by just 905 votes out of more than 280,000 tallied --- from being certified by the state Board of Elections.

But it is Wisconsin today where the GOP is attempting perhaps the most audacious power grab in the nation this year. As Republican Gov. Scott Walker was voted out in November in favor of Democrat Tony Evers, the GOP is attempting to usurp the powers of the incoming Governor, along with Democratic Attorney General-elect Josh Kaul, on a litany of issues before they can be sworn in. The new provisions, never mentioned by Republicans during the campaign, were introduced suddenly in a massive 144-page bill unveiled late last Friday night in a special legislative lame duck session called before Walker is finally out.

Despite Democrats having won every statewide contest on the ballot in Wisconsin's 2018 midterms, Republicans were able to retain control of the wildly gerrymandered State Assembly. They received just 45 percent of the vote overall, but will nonetheless control 63 of 99 seats in the Assembly. This week, they are using that ill-gotten legislative muscle to swipe the incoming Governor and AG's powers. They hope to block the Democrats' campaign promises to expand healthcare and ease suppressive voting restrictions (which arguably resulted in enough voter disenfranchisement to narrowly give the state to Donald Trump in 2016). Republicans are also attempting to restrict early voting in 2020 in hopes of avoiding losses similar to those suffered by GOPers in 2018. The unprecedented Republican power grab has led to protests at the state capital in Madison this week of the type not seen since shortly after Walker took power in 2011 and immediately worked with the Republican legislature to strip collective bargaining rights from public union members.

We're joined today by OneWisconsinNow's ANALIESE EICHER --- a plaintiff in the 2016 federal case which struck down the WI GOP's previous attempt to curtail early voting --- to detail the outrageous and unprecedented #WIGOPPowerGrab being strong-armed through the state legislature tonight.

"What we're seeing here is the obliteration of the separation of powers," Eicher tells me. "We know that when Republicans don't like the results, they seek to change the rules and to change how things operate. With Democrats sweeping six statewide elections here in Wisconsin, the only option for the Republicans to maintain what they thought was their really, really great unilateral control of the State of Wisconsin is to make changes."

"We're seeing everything from limiting local governments' abilities to do work on their roads, limiting their abilities to pay a prevailing wage, changing the makeup and composition of boards and commissions in Wisconsin, so that the legislature has equal or more power than the Governor in regards to appointments. We're seeing change's to people's abilities to get healthcare and receive benefits," she says.

"We're seeing changes to the Attorney General's office, as to whether the Attorney General can leave a lawsuit or join a lawsuit," she explains, referring to Kaul's vow to remove WI from the federal lawsuit by several GOP-controlled states challenging the Constitutionality of ObamaCare and its protections for people with pre-existing conditions. "This extraordinary session bill severely limits his ability to essentially do what he campaigned on, and what people voted for him to do."

As one Democrat noted during hearings today in Madison, the action being taken by the legislature "will invalidate the results of the will of the people and shows direct contempt for the voters". But, of course, that is the whole idea, since Republicans now clearly hate democracy. Eicher argues Republicans "want to stay in power, no matter what the cost" and suggests "voters are not responding well to what's happening in this extraordinary session." She believes they will pay a price for this in 2020.

Finally today, we're joined by Desi Doyen with the latest Green News Report, with a look at the late George H.W. Bush's environmental legacy, Donald Trump's isolation of the U.S. on climate change policy at the recent G20 meeting in Argentina, and a warning for the world issued this week as the annual U.N. climate summit opened this week in Poland...

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Honestly assessing 41's legacy; Also: AK House control won by one vote; GA to count 'late' absentee runoff ballots; Criminal record of GOP contractor at center of NC U.S. House election fraud scam...
By Brad Friedman on 12/3/2018 6:18pm PT  

On today's BradCast: The complicated death of a U.S. President during the Trump-era and fresh updates on several midterm election count controversies, fiascos and fraud investigations. [Audio link to show follows below.]

First up: George H.W. Bush, the 41st President of the United States died on Friday. Remarkably enough, there was a question as to whether Donald Trump, the 45th President of the United States would attend his memorial service, given his obnoxious attacks on the Bush family in recent years, as recently as this past summer. Reportedly, Trump will attend, even after making Bush Sr. the butt of campaign rally jokes just months ago. We review parts of Bush Sr.'s legacy today --- without either dancing on his grave or lionizing --- particularly on the environment, while leaving the more unsavory parts of that legacy to callers who ring in with their own thoughts on "41".

Also today, updates on several recent stories we've been closely following of late, including a state House District contest in Alaska that was tied after the initial tally and then "recounted" on Friday, with control of the entire state legislature hanging in the balance. The state's "recount" of hand-marked paper ballots was carried out by hand late last week, and also ended in a tie, until one previously untallied ballot was added after finding that it had been wrongly excluded from the count. That one vote was enough to hand the election to Republicans and, with it, the full reigns of state government to the GOP which now controls the state House, Senate and Governor's mansion. We explain.

In another follow-up from Friday's show, a lawsuit filed by the Democratic Party in Georgia was settled late last week to allow more time for absentee ballots to be received in Tuesday's crucial midterm runoff elections was resolved in favor of voters. With the state's next Secretary of State on the line in the runoff, scores of counties had waited until just one week before Election Day to mail out absentee ballots, requiring that they be returned by Election Day on December 4th. An agreement with the state now allows such ballots to be tallied, as Democrats had sought, so long as they are post-marked by Election Day and arrive up to three days afterward.

Finally today, still more new details on the growing GOP election fraud scandal in North Carolina, which has kept a reported 905-vote Republican U.S. House "win" from being certified by the State Board of Elections. New details have emerged on the rather stunning criminal record of GOP contractor McCrae Dowless [pictured above right], who was hired to run an absentee ballot campaign in NC's 9th Congressional District in Bladen County on behalf of GOP candidate Mark Harris. Analyses of absentee ballots both returned and, mysteriously, not returned, reveal inexplicable irregularities in both the 2018 GOP primary and the general election. In both cases there are now more and more indications of a massive absentee ballot fraud scheme that may have affected the final results.

The controversy and likely criminal investigations come after evidence from the 2016 election suggested Dowless ran a similar absentee scam in that election as well. Dowless, according to police records, spent time in jail from an outrageous life insurance fraud scheme in the 1990s. So, naturally, he was hired by the GOP to work on their elections in 2016 and 2018. We discuss some of those stunning new details in a state where Republicans, ironically enough, have been claiming for years that new restrictions are needed at the polling place in order to deter fraud by Democrats!...

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One vote contest in KY; One 'mystery ballot' could determine control of AK House; New GA lawsuit before Tuesday's runoff; More on the GOP Election Fraud case in NC's 9th Cong. District; Also: Media Matters' Pam Vogel on Sinclair's latest offensive abuse of our public airwaves...
By Brad Friedman on 11/30/2018 6:56pm PT  

Every. Single. Vote. Matters. Or, at least it's supposed to. On today's BradCast we've got a bevy of stories, almost a month after the midterm elections, to prove it. Also, a rightwing broadcast media behemoth --- the nation's largest single owner of local television stations --- faces new blowback for offensive, anti-immigrant commentary they forced their local news outlets to carry. [Audio link to today's jam-packed show is posted below.]

First today, in Kentucky, where nearly half a dozen state House races were determined by half a dozen votes or less, a Republican incumbent has now filed a contest in House District 13 after reportedly losing to his Democratic challenger by just one single vote. No matter how that challenge ends, and it may take a while, Republicans will still hold super-majority control in the Bluegrass State.

But, in Alaska --- which, incidentally, was struck by a major earthquake today --- one single still-uncounted "mystery ballot" in one single state House race may determine control of the entire body for the next two years. We explain.

Meanwhile, in Georgia (the nation's apparent new headquarters for mass voter suppression) the midterms aren't over yet either, with two statewide runoffs set for Tuesday in the Secretary of State and Public Service Commissioners race. But, on Thursday, the state Democratic Party sued the state to allow absentee mail ballots postmarked by Election Day to be counted. Their complaint charges that many counties in the state failed to timely send out requested vote-by-mail ballots until just one week before next week's December 4th runoff. That, they say, will not allow enough time for many voters to receive their ballots and mail them back to the county by Election Day, when state law says they are due.

Dems note that overseas and military votes are tallied, as long as they are postmarked by Election Day and arrive no later than three days after the election. They want the same rules applied to all absentee by mail voters, thanks to the Secretary of State and Counties' delay in sending out tens of thousands of ballots. The GA Sec. of State's office, incredibly, blames the delays on Democrats for trying to ensure all votes were tallied from the November 6th general election! [Post-air update!: GA agrees to count ballots that arrive by December 7th, if post-marked by Election Day!]

In North Carolina, the U.S. House election mystery in the 9th Congressional District has now fairly clearly become a GOP election fraud case. We've got new details today, based on affidavits from voters in Bladen County who describe an unlawful scheme, apparently by a GOP contractor for the Republican candidate, to collect absentee ballots and either alter them before delivery to the County or not deliver them at all. This follows on the surprise State Board of Election decision on Tuesday to not certify the NC-9 race, as previously expected, between Republican Mark Harris and Democrat Dan McCready. Until the new revelations of apparent election fraud, Harris had reportedly won the race by just 905 votes out of more than 280,000 cast. However, as recent analyses have revealed, Harris apparently received a virtually impossible number of absentee by mail votes in Bladen County. On Friday, the NC State Board of Elections decided to delay action until after a a hearing to review evidence in the matter on 6 December 21. They have the authority to, among other things, order a completely new election in the Congressional District.

Finally today, in a widely-reported skirmish at the U.S. southern border with Mexico near San Diego last weekend, U.S. officials fired tear gas into Mexico, sending many women and children migrants from Central American running for the lives. 42 arrests were made by U.S. Customs and Border officials, but AP reports this week that none of the migrants detained will actually be charged with any crimes!

Nonetheless, in the wake of the U.S. use of tear gas on asylum seekers, former Trump staffer Boris Epshteyn, who is now Sinclair Broadcast Group's Chief Political Analyst, offered a commentary in response which local news outlets at hundreds of Sinclair-owned television stations around the country were told to run. Epshteyn's offensive "must-run" commentary charges that migrants were "attempting to storm" the U.S. border in an "attempted invasion of our country. Period." The commentary, as usual, echoed the politics and rhetoric of Epshteyn's far-right nationalist fear-mongering former boss who had sent thousands of U.S. military troops to the border in the days before the midterm elections to, purportedly, help propel the so-called "invasion" by men, women and children fleeing violence and poverty in Central America by foot.

We're joined today by PAM VOGEL of Media Matters who has been documenting Sinclair's abuse of our public airwaves at otherwise-trusted local media outlets, which are now required to carry Epshteyn's "must-run" commentaries as often as five times a week. While Sinclair initially distanced themselves from their own Chief Political Analyst in a "tepid response" after public outrage emerged following Epshteyn's offensive "invasion" commentary, the company has since come out in his support, turning their efforts to false attacks on Media Matters instead. Vogel details the shameful story and how Sinclair could --- and indeed may --- face license renewal problems from the FCC for their abuse of our public airwaves with biased, false and far-right propaganda on their nearly two-hundred television stations across the nation.

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Also: Predictable call for 'recount' in ME's Ranked Choice Voting election...
By Brad Friedman on 11/29/2018 6:30pm PT  

On today's BradCast: Another guilty plea and more trouble for Donald Trump; More details from the newly revealed North Carolina election fraud mystery; And, Maine's first statewide Ranked Choice Voting election predictably results in a challenge, confusion and a "recount". [Audio link to full show follows below.]

First up, in a surprise new guilty plea in Robert Mueller's Special Counsel probe on Thursday. Trump's former personal lawyer and "fixer" Michael Cohen pleaded guilty today to lying to Congress multiple times last year about a proposed plan to build a luxury condominium complex in Russia. He said he did so to protect the President. In papers filed in federal court on Thursday, Cohen revealed that Trump's attempt to make a deal for a Trump Tower in Moscow continued until at least June of 2016, after Trump had already clinched the GOP nomination for President and many months later than previously known. That, despite Trump's repeated claims during the campaign and after that he had no business with Russia.

The President responded today by calling Cohen "weak", describing him as a liar, and pretending that these details were already publicly known. (They weren't.) But if the written answers Trump submitted just last week to Mueller in response to a series of questions in the Special Counsel's Russia probe are in conflict with the information and evidence detailed by today's guilty plea and court filing, it could raise serious new legal issues for his increasingly erratic and manic Presidency.

Then, we have a number of new details today in the stunning mystery regarding the U.S. House election in North Carolina's 9th District, which the State Board of Elections declined to certify earlier this week after an objection from a Democratic board member. Republican Mark Harris reportedly defeated Democrat Dan McCready by 905 votes out of more than 280,000 cast in the contest. But the state board unanimously voted 9 to 0 to delay certification only in that House race, due to allegations of "unfortunate activities" which, the Board member charged, have been "ongoing for a number of years."

Today, we learn that state investigators are eyeing absentee ballot applications and envelopes in at least two counties in NC-9, one of which had an extraordinarily high rate of absentee votes, as well as absentee ballots that were never returned to the counties. Moreover, a new analysis finds "unusual" absentee numbers in the GOP primary as well, back in May, when Harris is said to have defeated incumbent Republican Rep. Robert Pittenger by just 828 votes. All of this in a state were Republicans, ironically enough, have long (falsely) accused Democrats of fraud and have worked for years (in repeated violation of federal law) to make it more difficult for them to vote.

Next, Republican Rep. Bruce Poliquin has filed for a "recount" in Maine's 2nd Congressional District, after winning the first round of vote counting, but ultimately losing the election to Democratic challenger Jared Golden in the state's first Ranked Choice Voting election. Poliquin's campaign accurately charges that the tabulation relied upon a "black-box" voting system and "computer algorithm" that "no one is able to review".

They argue that the RCV scheme "confused and even frightened" voters who felt their votes "did not count due to computer-engineered rank voting". This predictable outcome, of course, is just one of the reasons we've long warned against the use of RCV, despite many progressives who support the virtually unoverseeable voting scheme which allows voters to rank their choices, and reassigns second choice votes to other candidates if nobody obtains a majority in the initial round of counting. (Feel free to leave your hate comments below. Though please look at Approval Voting first, as a workable, publicly overseeable, hand-countable and far less confusing alternative.) Poliquin's campaign says they've filed for "a traditional ballot recount conducted by real people". Due to the complicated nature of RCV elections, a multiple-round hand-count could take as long as a month, according to state officials, potentially delaying Golden's expected swearing in to the U.S. House on January 3.

Finally, Desi Doyen joins us for our latest Green News Report with a new report from the U.N., finding the world is not on track to avoid the worst impacts of climate change, Amazon's new HQ is in a flood zone, House Dems introduce legislation for a price on carbon and Australia is now facing massive wildfires, heat, and flooding as our global climate crisis continues to worsen...

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Guest: Heather Digby Parton; Also: Staggering new CA wildfire numbers; Acosta ordered back into WH; Orange County, CA turns 'Blue'; FL 'hand count' continues; Abrams says Kemp will 'win' GA, vows lawsuit...
By Brad Friedman on 11/16/2018 6:45pm PT  

It was another very busy day on today's BradCast, as news breaks out of Georgia and California --- and seemingly everywhere else --- though we finally found at least a moment to take some stock of the midterm elections and what they portend, nearly two weeks after Election Day. [Audio link to show follows below.]

Before we get to elections and politics, however, there are horrifying new numbers today out of the ongoing, climate change-fueled wildfires in California. Officials now say that more 60 are known to have been killed, but on Thursday evening they also raised the number of those still unaccounted for amid the record Camp Fire in Northern California to a staggering and gut-wrenching 631. [Update: Just before posting this here, officials in Northern California increased the death toll, announcing 71 dead with more than an unfathomable 1,000 now said to be unaccounted for!]

Then, a Trump-appointed federal judge orders the White House to immediately restore press credentials to CNN White House Correspondent Jim Acosta.

Next, another midterm election victory is called by AP and others for Democrats in what had long been solidly Republican Orange County in California. Katie Porter, an unapologetically progressive Elizabeth Warren protégé, is now said to have defeated incumbent Republican Rep. Mimi Walters in the heart of what was once known as "Reagan Country", in the state's 45th Congressional district. Walters had easily won reelection by a huge 17% margin just two years ago, but now becomes the third of Orange County's four U.S. House members to see their seat flipped to a Democrat. The fourth seat, in CA's 39th Congressional district, is very likely to be called for Democrat Gil Cisneros over Young Kim any day now.

As of air time, Dems have reportedly picked up a net gain of 36 seats for their new House majority, though that number may still climb to 38 or even 39 seats as votes are tallied in the last of the undecided House races.

Meanwhile, in Florida today, statewide "hand counts" --- or what suffices for them in the Sunshine State --- continued on a ridiculously abbreviated schedule through Sunday in the state's U.S. Senate race between incumbent Democratic Sen. Bill Nelson and GOP Gov. Rick Scott, who is said to lead by 0.41%, or just over 12,000 votes out more than 8 million cast.

The partial "hand count" in the Senate race moves forward after full "machine recounts" in three of the state's largest and most Democratic-leaning counties were rejected by Scott's Sec. of State. In Palm Beach, the County's old computer scanners could not physically tally fast enough to meet the Thursday 3pm deadline at the end of just five days. In Hillsborough County, the second machine count differed from the original count by more than 800 ballots, so the first count will be used (whether it's right or wrong, nobody knows.) And in Broward County, state officials rejected their new count because it was uploaded to the Sec. of State's office two minutes after the 3pm deadline. Seriously.

As a source in Palm Beach told me earlier today about the impossible timelines instituted by state Republicans: "These deadlines they codified into law set up big counties to fail. How a county like ours (population 1.3 million) has the same deadline as a county like Liberty County (population 8400) is beyond me. Five days isn't enough, a week isn't enough, two weeks isn't enough. This is done by design. Why? The biggest counties are blue counties and they don't want those votes counted. It's not complicated."

And, in Georgia, Democratic gubernatorial candidate Stacey Abrams announced that her Republican opponent Brian Kemp would be the winner of their very close and contested election, thanks in no small part to the extraordinary voter suppression he has implemented over the past eight years during his tenure as Secretary of State.

"Let's be clear: This is not a speech of concession because concession means to acknowledge an action is right, true or proper," Abrams said in a speech to supporters, while denouncing Kemp's outrageous record as the state's chief election official. "As a woman of conscience and faith, I cannot concede that."

At the same time, she also announced she is forming a new organization --- Fair Fight Georgia --- that will sue Kemp and the state for "gross mismanagement" of the election as she declared "the law currently allows no further viable remedy" to overcome what many now see as a stolen election in the Peach State.

Finally, we're joined by the great HEATHER DIGBY PARTON of Salon and Hullabaloo, to try and help us make sense of these past two tumultuous weeks since the midterms. We discuss the Dems' extraordinary (and under-appreciated) "Blue Wave", how it has clearly served to throw Trump into a dark emotional spiral while exposing him yet again as a con-man, even to many of his supporters, and how some Democrats appear to be taking the rightwing Fox "News" bait in hoping to block Nancy Pelosi's likely return as House Speaker and leader of the Congressional Democratic caucus in January...

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

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