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Latest Featured Reports | Thursday, April 18, 2019
MUELLER REPORT DETAILS TRUMP'S REPEATED OBSTRUCTION OF JUSTICE: 'BradCast' 4/18/19
Guests: Zero Hour's Richard Eskow, Comm. to Investigate Russia's Jacki Schechner...
'Green News Report' 4/18/19
  w/ Brad & Desi
Arrests at London climate protests; March 2019 third hottest ever; Bank of England's stark warning about climate risks; PLUS: Teen climate activist addresses EU Parliament...
Previous GNRs: 4/16/19 - 4/11/19 - Archives...
Another Cruel New Border Policy, More Impeachable Chaos: 'BradCast' 4/17/19
Guest: Sarah Pierce of Migration Policy Inst.; Also: Trump vetoes Congress ban on support for Saudi war in Yemen; Media (and Dems) unequipped to deal with Trump lawlessness...
The Billionaire Opportunists of Notre Dame:
'BradCast' 4/16/19
Also: WA adopts 'public option'; Fox town hall goes wild for Bernie; Warren to end drilling; The unspeakable cruelty of Trump immigration policies and a hero standing up to them...
'Green News Report' 4/16/19
  w/ Brad & Desi
Deadly tornadoes from TX to DE; Int. Dept. IG probing new Int. Sec.; WA sets 100% clean electricity target; PLUS: 2020 Dem policies to expand renewables, combat climate change...
Previous GNRs: 4/11/19 - 4/9/19 - Archives...
Institutions Burning (And How YOU Can Help Fight to Save One!): 'BradCast' 4/15/19
Guest: Author Joshua A. Douglas; Also: Notre Dame burns; Trump flouts law, endangers Congresswoman; Buttigieg is in; GOPers in AR, TN move to game elections...
Sunday 'Black Hole' Toons
'PDiddie' fills a bunch of endless holes, voids and vacuums in his latest weekly toon collection...
'Beyond Background Checks': 'BradCast' 4/12/19
Dems must be bold and progressive for a safe, prosperous, just future, with guest, Igor Volsky; Also: Lawless Trump; Regulatory capture complete; Freshmen Dems (and even John Kerry!) step up in Congress...
Making Sense of the
Assange Arrest, Indictment: 'BradCast' 4/11/19
Also: Several other indictments today and, yes, still more unprecedented Trump Administration corruption...
'Green News Report' 4/11/19
  w/ Brad & Desi
Trump authorizes self to authorize pipelines, strips states rights; New 'bomb cyclone' arrives; Earth CO2 levels highest in 3 million years; PLUS: Glaciers melting faster than predicted...
Previous GNRs: 4/9/19 - 4/4/19 - Archives...
What's Behind Nunes' New Legal Assault on the Free Press?: 'BradCast' 4/10/19
Guest: Media analyst Eric Boehlert; Also: Black holes, bomb cyclones and bad news for WI progressives...
Trump's Unlawful Border Orders; And on Pressing 2020 Candidates for Answers: 'BradCast' 4/9/19
Also: Kansas conman Kobach's comeback?; The GOP's unreal 'Green Real Deal'...
'Green News Report' 4/9/19
Upper Midwest braces for new bomb cyclone, more flooding; Post-cyclone crisis in Africa; Arctic's 'unprece-dented' new state; PLUS: GOP's 'Green Real Deal'...
WH Hardliners Rising; ACLU Kicks Off 2020 'Rights for All' Campaign: 'BradCast' 4/8/19
Guest: ACLU's Phil Aroneanu; Also: Trump's far-right agency purge rolls out; Callers ring in...
Sunday 'Moron of La Mancha' Toons
If Trump was only tilting at windmills, it wouldn't be so bad. That and many more impossible dreams in PDiddie's latest toon collection...
All the President's Probes: 'BradCast' 4/5/19
Guest-host Angie Coiro with news and a deep dive into ALL the Trump investigations w/ UC-Hastings law professor Hadar Aviram, historian Richard Paul...
Trump's Never-Ending Mend-acity; NC GOP's Never-Ending Corruption: 'BradCast' 4/4/19
The truth behind the President's latest lies on NK, Mueller, the border, the military, healthcare and wind power; NC GOP Chair indicted...
'Green News Report' 4/4/19
Houston's 3rd chem fire in 2 weeks; Climate change driving migration from Central America; Trump's windmill lie; Exxon's court loss; PLUS: The 'Impossible' Whopper...
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: Former U.S. House General Counsel Stanley M. Brand; Also: NC-9 GOP election fraud follow-up; Trump pal, Patriots owner in prostitution, human-trafficking sting; The President's musical 'Border Lies'...
By Brad Friedman on 2/22/2019 7:14pm PT  

On today's BradCast: Some maddening facts about what awaits when Robert Mueller's Special Counsel report is handed over to the Attorney General and what will and won't likely be in it. [Audio link to show follows below.]

But, first up today...in "lighter" news...some followup to our detailed coverage yesterday of the remarkable events leading up to the unanimous 5 to 0 vote by the North Carolina State Board of Elections for a new election in the state's 9th Congressional U.S. House District. The action was in response to what the board described as a "coordinated, unlawful, substantially resourced absentee ballot fraud scheme" in last November's election by the campaign of Trump-endorsed Baptist minister Mark Harris. The decision followed on stunning surprise testimony against Harris by his own son at the Board's public hearings on the matter this week.

Among our follow-up coverage today: the (not-at-all-shocking if wildly-hypocritical silence from GOP "voter fraud" fraudsters who've made their living for years lying about phony fraud to encourage laws that suppress the Democratic-leaning vote, while hoaxing Fox "News" brain-addled clowns like Donald Trump into believing there's an epidemic of Democratic voter fraud, rather than the insider election fraud which can easily flip the results of an entire election --- as seen in North Carolina. It was also nice to hear the NC Democratic Chairman finally explain the difference between "voter fraud" and "election fraud" to NPR's Steve Inskeep on today's Morning Edition. We'll see if NPR can remember that difference in the future.

And, speaking of GOP hypocrisy, long-time Trump-supporting billionaire and New England Patriots owner Robert Kraft was charged today by Florida police for two instances of soliciting prostitution, as he was caught amidst a probe into human sex trafficking. Ironically enough, human trafficking has long been disingenuously used by Trump to support his "National Emergency" declaration to steal money from the military for use in building his border wall with Mexico. The news of the warrant for Kraft's arrest today raises a panoply of interesting issues which Desi and I take a few minutes to discuss.

Then, with several media outlets reporting this week that a report from Special Counsel Robert Mueller may be coming as soon as next week (and, at least one outlet today reporting that's not so), the question of what happens whenever that report is finally delivered to the Attorney General is coming to the forefront.

My guest today, Professor STANLEY M. BRAND, Distinguished Fellow in Law and Government at Penn State University, recently argued in a column at The Conversation that those hoping the public may see this report after it's turned over, by statute, to Trump's newly-minted AG William Barr may be in for some disappointment. Brand, who formerly served for eight years as General Counsel to the U.S. House, now teaches a course on the Independent Counsel at Penn State, explains how it differs from the Special Counsel statute that replaced it after the Clinton era. He suggests the public may never see any of Mueller's "confidential" report.

More frustratingly, he tells me why he believes that Mueller is unlikely to indict the President or recommend such an indictment and how the by-the-book prosecutor is similarly unlikely to recommend impeachment in his report. Unlike the old Independent Counsel statute in effect under Nixon and Clinton, the new statute, he explains, as written by a Democrat, is limited to criminal matters only (not legislative matters such as impeachment) and requires Mueller largely to issue a "confidential" report with little more than details on who was prosecuted and who was not, and what, if any, actions were blocked by the Attorney General overseeing the probe. What Barr then does with that report, he explains, is a separate matter.

Brand, who says he has worked with both Mueller and Barr in the past, says "you may see portions of it, or you may see selected excerpts, or representations of what it contains, if Bill Barr --- and I take him at his word --- wants to be as transparent as he can within the rules and regulations."

In somewhat more comforting comments, he also contends, in response to my query about the curious timing of Barr being seated just days before news (accurate or not) of the report's imminent release: "I have no notion why it's wrapping up --- if it is --- at this particular point, but I have confidence that, if it is wrapping up, it's because Mueller has decided he's finished." He adds, "Nobody is going to push Bob Mueller around. So if there's a conclusion to this, it's because Mueller has determined in his judgment that it's time and he has no further actions to bring."

Brand also offers his insight on whether Mueller would testify to Congress, if subpoenaed, about what was in the report if it's not released to the public or even to Congress. The central frustration at the core of this conversation, at least for me, is that Brand essentially argues that Mueller can't indict Trump (thanks to very debatable, if long-held DoJ "guidelines") and wouldn't cite evidence of impeachable offensives in his report, since that is not part of the new statute's mandate, as written in the wake of "excesses" under the old statute.

"Leon Jaworski, who was the Independent Counsel in the Nixon case, decided that he had sufficient evidence to indict but determined it was not something he should do, given the ongoing investigation into impeachment by the House of Representatives," Brand explains. "Ken Starr, for his part, determined that he could indict a sitting President but determined as a matter of discretion not to do that, because the statute provided a specific mechanism for referring that type of evidence to the House for impeachment, which he did, and which resulted in an impeachment proceeding of President Clinton."

But now, If Mueller can't indict or recommend impeachment, how is this current process supposed to bring accountability for a scofflaw President? There is a lot more to dig into in our discussion, as maddening as it may be at times. It does, however, raise the clear need for a long-overdue Congressional Hearing in the U.S. House Judiciary Committee into whether a sitting President can, under the Constitution, be criminally indicted (a hearing that would, on its own, likely bring some accountability for our current Executive). It also raises the question of why the hell Democrats are waiting for the Mueller Report to be issued before taking action to bring accountability through impeachment, especially since even they may never see this report! If not this President, then what President would ever merit impeachment proceedings in Congress?!

Finally, Speaker Nancy Pelosi has announced that a vote will be held in the U.S. House on Tuesday to block Trump's "National Emergency" declaration under the National Emergency Act. It'll likely pass in the Democratic-controlled House, but what are its chances in the GOP Senate, which much also hold a vote within 18 days of a resolution being adopted by the House? And, will EITHER chamber be able to overcome an almost-certain veto by the President?

That all remains to be seen, but satirist Randy Rainbow has a few musical thoughts on Trump's "Border Lies" to play out us out today at the end of another impossible week...

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

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State Board votes unanimously after Mark Harris testimony follows son's dramatic turn against him on 2018 GOP absentee ballot fraud scheme...
By Brad Friedman on 2/21/2019 6:12pm PT  

On today's BradCast: It looks like it'll be several more months before we actually have a member of Congress seated in the 2018 U.S. House race in North Carolina's 9th Congressional district. But, as of dramatic developments last night and again today, at least we now know that a new election is finally on the way. [Audio link to show is posted below.]

After a stunning past 24 hours, the NC State Board of Elections voted 5 to 0 on Thursday to hold a new election, following dramatic, surprise testimony on Wednesday at a public hearing over the disputed results of last year's NC-9 House election. Republican Mark Harris is said to have defeated Democrat Dan McCready by just 905 votes out of more than 275,000 cast, but evidence of absentee ballot fraud by a Contractor hired by Harris prevented the Board from certifying the results.

On Wednesday, John Harris, an assistant U.S. Attorney and son of the Republican candidate, took to the stand at this week's public hearings to turn against his father by detailing warnings he had given his dad about the Republican absentee ballot contractor, McCrae Dowless, whose record of defrauding elections was clear long before he was hired by Harris for his 2018 campaign.

Today, we break down both the backstory from 2016 through the 2018 contest, as well as the astonishing key events from the past 24 hours in which John's testimony brought his father to tears in the hearing room [see photo above], and also stunned the McCready campaign which similarly not known in advance of John Harris' plan to take the stand to testify against his father's claims of innocence. "I thought what he was doing was illegal, and I was right," said John, discussing Dowless' record. In his own teary closing statements, he testified: "I love my dad, I love my mom, O.K.? I certainly have no vendetta against them, no family scores to settle, O.K.? I think they made mistakes in this process and they certainly did things differently than I would have done."

And with that, and a few other comments about the need to "transcend our partisan politics, and the exploitation of processes like this for political gain," we're happy to offer John Harris our coveted if more-rarely-than-ever-bestowed BRAD BLOG Intellectually Honest Conservative Award. We haven't given one of those out in years!

Moreover, just minutes before the testimony, emails and texts between father and son were released, detailing the warnings John had given his father Mark (a Baptist minister!) about Dowless, which undercut the Republican candidate's long-repeated, if never-believable public insistence that he'd known nothing about Dowless' penchant for forging absentee ballots.

In 2016, Harris lost the Republican primary by a very slim margin after losing an impossible number of absentee votes in Bladen County to the another candidate who had hired Dowless. In 2017 the state Board of Elections referred the election fraud case to the U.S. Attorney at Trump's Dept. of Justice. But the DoJ took no action, despite the mountain of election fraud evidence uncovered by state investigators from the 2016 GOP election fraud scheme. All before Harris hired him for his 2018 campaign and what state officials described earlier this week as a "coordinated, unlawful, substantially resourced absentee ballot scheme".

The 5 to 0 vote of three Democrats and two Republicans on the Board to hold a new election followed Mark Harris' own testimony in which he tried to distance himself from his son's damning testimony and attempted to defend his months of demands he be seated, before finally declaring today: "It's become clear to me that the public's confidence in the 9th District seat general election has been undermined to an extent that a new election is warranted."

Buckle up for the entire sordid and remarkable tale as it unfolded today and the many subsequent unanswered questions raised by this entire shameful mess.

Then, how hand-marked paper ballots were instrumental to uncovering the NC fraud scheme, how the recent report that Trump's DHS has moved resources from election oversight to immigration/border matters in advance of the 2020 race, and the disturbing story of the long-time Coast Guard official who, according to federal prosecutors on Wednesday, was a White Supremacist domestic terrorist plotting to murder "leftist" Democratic members of Congress (many of whom have been singled out by Donald Trump), along with MSNBC and CNN media figures "on a scale rarely seen in this country." That, on the very same day that Donald Trump tweeted, yet again, in all caps, that journalists are the "ENEMY OF THE PEOPLE!"

Finally, Desi Doyen brings us the latest Green News Report on the Trump Administration punting on action to prevent incredibly toxic chemicals in our drinking water, another global heat record last month, and even a bit of good news out of Australia for a change....

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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Also: Bernie's back for 2020; 10 years of our 'Green News Report'!...
By Brad Friedman on 2/19/2019 6:33pm PT  

On today's BradCast: The crowded Democratic 2020 field gets crowded-er; The GOP's years of phony concerns about "voter fraud" are revealed as even phonier; And our own Green News Report meets another remarkable milestone. [Audio link to show is posted below.]

First up today, 2016 Democratic primary election second-place finisher Bernie Sanders announces he's running in 2020 and immediately raises a "yooge" amount of money in just hours. But the progressive independent Senator from Vermont faces a new set of challenges in his bid to win the nomination this year among a very crowded and already-quite-progressive field of candidates.

Then, the North Carolina State Board of Elections finally began their public inquiry into the Republican absentee ballot fraud scheme that apparently resulted in the 905-vote "victory" for Republican Mark Harris [pictured above at today's evidentiary hearing] in the state's 9th Congressional District race over Democrat Dan McCready last November. Neither candidate has yet been certified by the state Board as its investigation has been ongoing for months and as NC's Elections Director Kim Strach charged this week that GOP operative McCrae Dowless, a contractor hired by Harris and Bladen County Sheriff Jim McVicker, ran a "coordinated, unlawful and substantially resourced absentee ballot scheme" in two counties, with enough questionable ballots to have called the Harris/McCready 905-vote margin (out of some 275,000 votes cast) into doubt.

Dowless' scheme, according to public testimony at the hearing this week by Lisa Britt, one of his team of workers, included illegally collecting and modifying absentee ballots; paying workers to harvest those ballots; changing votes with attempts to match the ink used on each voters ballot; falsifying witness signatures and more.

While the state GOP is still backing Harris, national Republicans have remained mum about the coordinated election fraud conspiracy --- despite years of false claims about Democratic voter fraud. It's still unknown whether the 3-2 Democratic-majority State Board of Elections will ultimately certify Harris, call for a new election, or end in deadlock, since 4 votes are needed for either action. If deadlocked (or even if Harris is certified), the issue will be investigated and decided by the Democratic-majority U.S. House of Representatives. Shamefully, after state investigators found that Dowless ran a similar absentee ballot fraud scheme in 2016 and sought prosecution from the Dept. of Justice at the time, Trump's U.S. Attorney in the state ignored the matter, choosing instead to prosecute a handful of alleged non-citizen voters instead of the blatant fraud conspiracy that appeared, once again in 2018, to have stolen an entire election (or more.)

Finally today, we celebrate 10 years of the Green News Report! Desi Doyen joins us for the latest GNR in which we cover both the environmental news of the day and our milestone of a full decade of independent green news, politics, analysis and snarky comment over YOUR public airwaves!

As discussed, Desi has been covering dire warnings about global warming and connecting the climate change dots before even I fully appreciated the dangers. I learned thanks to her important, repeated coverage of these issues as I hope listeners around the globe have as well over these past 10 years. If so, it's all thanks to those of you who have supported our efforts to help get the word out over your public airwaves by donating to our work via BradBlog.com/Donate.

If you haven't done so lately, or haven't signed up for a monthly subscription of any amount you like, please consider doing so now, as we rely only on listeners (not corporate ads, foundational grants or political groups) to continue our work here after 15 years of The BRAD BLOG and a full decade of GNR! Thanks in advance for whatever you can spare to help keep us going!

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: Election integrity expert Marilyn Marks; Also: Trump's sad El Paso rally and new 'wall' deal that's worse for him than last year's...
By Brad Friedman on 2/12/2019 7:00pm PT  

On today's BradCast, we revisit the mysterious case of tens of thousands of 'missing' votes from Georgia's 2018 midterm election, now that the case has become even more mysterious and disturbing, with investigators finding that African-American neighborhoods may have been specifically 'targeted' in some fashion. [Audio link to show posted at end of article.]

But, first today: Donald Trump and Beto O'Rourke held dueling rallies near each other and near the border in El Paso, TX on Monday night, after the President had been offering a series of lies about the effectiveness of an existing border wall in the city. During the Monday rally, Trump also lied about his rally's crowd size and that of O'Rourke's, which appears to have been larger than Trump's.

More tellingly, however, the President also failed to let his supporters know about a deal struck before the rallies by Republican and Democratic negotiators in Congress to avoid another government shutdown this Friday at midnight. The agreement, reportedly, includes less money and less fencing than Trump could have had if he'd agreed to the deal he backed out before Christmas last year, losing leverage with his subsequent record-long 35-day government shutdown and the Democratic takeover of the U.S. House. That's "The Art of the Deal"? We detail the tentative agreement and whether Trump will be harangued again by rightwingers into not signing it and shutting down the federal government yet again at week's end.

Then, we're joined once again by longtime election integrity bulldog MARILYN MARKS of the Coalition for Good Governance with a disturbing update to the group's election contest filed in state court last year to challenge the inexplicable reported results from Georgia's 2018 Lt. Governor's election. Marks had joined us previously to detail some 127,000 ballots cast last November found to have "missing" votes in only that race and only on ballots cast via the state's 17-year old, easily-manipulated, 100% unverifiable touchscreen voting systems. Democrat Sarah Riggs Amico is reported by those systems to have lost the race to Republican Geoff Duncan by 123,172 votes out of almost 4 million counted, according to the final certified results.

The 4% undervote in the contest seems impossibly huge, given that other statewide contests even further down the ballot (e.g. for Sec. of State or Agriculture Commissioner) saw a far smaller rate of ballots with no vote recorded --- an average of about 1% or less in those other races. Moreover, votes cast in the same race for Lt. Governor on verifiable hand-marked paper ballots revealed an expected, similarly small undervote rate. So, this appears to clearly be machine related somehow.

But, while the group's initial analysis revealed a disproportionate number of undervotes in Democratic-leaning areas, a newer analysis [PDF] by a number of top-flight election data analysts --- as detailed exclusively over the weekend by Michael Harriot at The Root and today (sadly, behind a paywall) by Kim Zetter at PoliticoPro --- finds that African-American neighborhoods and precincts, specifically, had an even higher disproportionate rate of missing votes in the Lt. Governor's race. Experts are having trouble coming up with non-nefarious reasons for the numbers and, as Marks tells me, state and local officials appear curiously uninterested in what is clearly a massive disenfranchisement of their own voters.

"We have had all sorts of statisticians all over the nation, from academics to those who work for political data houses, and everybody's coming up with exactly the same answer --- that African-American neighborhoods were the ones highly impacted by this," Marks tells me. "There's something wrong across the state. The state has too many missing votes, no matter what county we look at. However, it is exacerbated greatly in the heavily African-American precincts, no matter where you look."

"I've never worked on a case one-tenth as important as what I believe this is," she says. "While you and I and others, for years, have known about the dangers of electronic voting machines, and we've warned about them, I swear I never thought I would see machines used in a way that had racial disparity as a result."

We discuss the possible reasons --- nefarious and otherwise --- for such an alarmingly disproportionate undervote rates and the Coalition's several ongoing lawsuits in Georgia challenging the Lt. Governor results on the state level and the state's entire unverifiable touchscreen voting system on the federal level. Marks also discusses whether either case will soon allow for an independent forensic investigation of the computer-voting and tabulation systems used in the state in 2018, as the Coalition is demanding via discovery.

It's also worth noting here that Georgia's new Governor, Republican Brian Kemp --- who was reported to have narrowly defeated popular African-American Democrat Stacey Abrams last year --- oversaw all of the 2018 elections (including his own) as Secretary of State while repeatedly being excoriated by federal courts for voter suppression tactics. At the same time, counties in key states such as Ohio, Pennsylvania, Texas, Iowa and even in California, are now preparing to moving to similarly 100% unverifiable touchscreen voting systems in advance of the 2020 Presidential election. The latest news from Georgia's shameful 17-years of disastrous elections is troubling on its own, but this incident serves as yet another object lesson and warning for the entire country, as even many Democrats are now supporting the move to such completely unverifiable voting systems. (See Los Angeles, for example.)

"If there is anything good that can come out of this whole mess that we're in, surely it is that people are going to be able to see we have to stop it with this electronic voting. Here we are, months after the election, we don't know if any of those numbers can be trusted. We can't run elections this way!," Marks argues. "So, hopefully this will have some benefit to the nation in saying, 'Look, you gotta quit using touchscreen machines. End of story.'"

Finally, we're joined today by Desi Doyen with our latest Green News Report, for special coverage of the landmark Green New Deal resolution introduced in Congress last week by Democratic Rep. Alexandria Ocasio-Cortez (NY) and Sen. Ed Markey (MA)...

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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A decade of unconstitutional racial gerrymandering led to this moment...
By Brad Friedman on 2/7/2019 6:42pm PT  

On today's BradCast: Yes, Virginia, there is a problem with race (and hate) in the Commonwealth. But Democrats would be wise to take a breath and notice what's really going on there before making critical political decisions out of fear. [Audio link to show follows below.]

The media are all over the astonishing crisis that has overtaken VA state politics in the past week, since a Republican website revealed a racist photo on Governor Ralph Northam's 1984 yearbook page, and a serious sexual assault allegation leveled against Lt. Governor Justin Fairfax, while Attorney General Mark Herring subsequently announced that he had donned blackface while dressing as one of his favorite rappers for a party 40 years ago when he was 19. The political futures of all three Democrats now hang precariously in the balance, with top Dems (and media elite) both inside and outside of VA demanding Northam resign, despite the complete lack of evidence to suggest he is a racist in the 35 years since the photo was published. As we discussed on Monday's program, Northam claims he knew nothing about the photo until last week, as he hadn't purchased the yearbook.

But with Fairfax --- an African-American and first in line to succeed the Governor, should he step down --- facing a serious assault allegation (which he has repeatedly denied) and some calls for Herring --- second in the line of succession --- to step down, echoing those leveled against the Governor, the next state official in the line of succession is Republican House of Delegates Speaker Kirk Cox.

Cox is in that role, thanks only to a questionably "tied" Delegate election in 2017 that left the GOP in control of the House, after a Republican election judge changed his mind in order to create the tie, and a subsequent lot was drawn from a ceramic bowl to break it.

Far more notably, and far less reported, is that a decade of unconstitutionally gerrymandered House of Delegates districts drawn by the GOP to dilute the voting power of African-Americans gave Republicans as many as 8 more delegates in the House than they likely would have won with fair districts. One of those districts was "won" by Speaker Cox himself, according to a new district map ordered for use in this year's 2019 House elections by a panel of federal judges just weeks ago. Without the racial gerrymander, he likely wouldn't be in the House at all, much less in a position to become the next Governor, replacing a guy who admitted only that he put shoe polish on his face to dress as Michael Jackson in a dance contest 25 years ago.

We break down the entire mess today to, hopefully, shed some light on the FULL story of what's going on there, and how Democrats' fearful and breathless rush to avoid charges of hypocrisy may be serving to simply do themselves in for no good or even smart reason.

Also today: Republicans are freaking out about wildly popular ideas such as increasing taxes on the wealthy and a "Green New Deal" (a resolution officially introduced today by Democratic freshman Rep. Congresswoman Alexandria Ocasio-Cortez [D-NY] and veteran Senator Ed Markey [D-MA]). They are so alarmed that over at Fox "News", anchors are describing increased taxes on rich people as an attack on Capitalism itself, and programs like the Green New Deal as "Venezuela-styled socialism". But the laugh out loud part is when one wingnut Fox personality explains why, he claims, that such programs are now so popular among voters of all political persuasions. AOC's Twitter response was priceless.

Finally today, Desi Doyen joins us for details on all of that and with the latest Green News Report, on Trump's "disgraceful" failure to mention climate change at this week's State of the Union Address, despite hundreds of Americans killed and displaced over this past year alone, which is now, officially, the fourth hottest year since record-keeping began...

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Calls for VA's Governor to step down may make political sense for Democrats, but is it wise and/or the right thing to do? Callers ring in...
By Brad Friedman on 2/4/2019 6:24pm PT  

On today's BradCast, should Virginia's Democratic Governor Ralph Northam resign after his 1984 medical school yearbook was revealed late last week to have featured a photo of a man in blackface standing next to a man in a KKK costume? Don't answer that too quickly. Or, at least listen to today's show first. [Audio link to show follows below.]

After apologizing on Friday night for the appearance of the photo --- calling it "clearly racist and offensive", but failing to specify which of the pictured two men he actually was --- the Governor said at a bizarre Saturday press conference that he was neither man and that he had never even seen the photograph before, since he hadn't purchased that year's yearbook. He says the photograph hit him "like a ton of bricks" on Friday night. However, he told the media that he did remember an instance around the same time when he darkened his face to dress up as Michael Jackson for a dance contest. He said he remembered the contest outfit very specifically, discussing it publicly for the first time on Saturday, while insisting that he never recalls dressing up in either minstrel show blackface or as a Klansman, as depicted in the mystery photograph.

One of the two African-Americans in the same medical school class that graduated with Northam told AP the explanation is plausible, as he didn't purchase the yearbook either and found the racist photo on Northam's page to be out of character. Despite Northam's record of working closely with the African-American community and still being a member of a predominately black church in the town where he grew up, top Democrats from Virginia to D.C. and beyond continued their loud calls on Sunday for him to step down and allow his Lt. Gov. Justin Fairfax --- an African-American Democrat --- to replace him.

But should he? And should he be shunned for something that may have never happened? Or, if it did, happened 35 years ago and appears completely inconsistent with his record since then? The answers to those questions are both "absolutely yes" and "no, not so fast", as we discuss with callers today, focusing on Northam's remarks at the strange, yet seemingly earnest Saturday presser in which he stated that acquiescing to calls to step down would allow him to "spare myself from the difficult path that lies ahead," adding: "I could avoid an honest conversation about harmful actions from my past. I cannot in good conscience choose the path that would be easier for me."

We endeavor to have a least part of that "honest conversation" with tons of callers on today's program, including some discussion about key civil rights figures (from Lincoln to Justice Hugo Black to LBJ) whose own histories of racism arguably allowed them to lead on a number of landmark civil rights issues from Emancipation to Brown v. Board of Education to the Civil Rights of 1964 and Voting Rights Act of 1965.

Also today: While I was happy to see MSNBC, on Friday night, highlight a Super Bowl ad buy in Georgia markets by former Democratic gubernatorial candidate Stacey Abrams' voting rights group Fair Fight, calling for "hand-counted paper ballots," the news outlet's Rachel Maddow Show maddeningly cut the :30 commercial off when reporting the story, just before the crucial line calling for "hand-marked paper ballots"! (Made, in the spot, by Republican Commissioner of Habersham County, GA Natalie Crawford, by the way.) Maddening. Especially since, unless the voters rise up to protect overseeable elections and stop them, the state of Georgia, along with counties in key states like Ohio, Pennsylvania, and Texas --- not to mention Los Angeles County and neighboring Ventura County! --- are all now planning moves to expensive, unauditable touchscreen Ballot Marking Devices (BMDs) before the 2020 Presidential election. Those systems print out computer-marked and barcoded paper ballots which are 100% unverifiable after an election has ended.

Add MSNBC's failure there to a list of disappointments over the weekend from the mess in Virginia to the loss of the L.A. Rams at the Super Bowl...

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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)...

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Also: Callers ring in on Trump's shutdown cave, and what happens next...
By Brad Friedman on 1/28/2019 6:23pm PT  

On today's BradCast: how Florida Republicans are brazenly stripping elected Democratic election officials of power (their jobs, in fact!) in advance of the 2020 election, and callers ring in on Donald Trump's shutdown capitulation and what happens next. [Audio link to show follows below.]

Florida's new Secretary of State Mike Ertel, appointed at the end of last year by the state's new Republican Governor Ron DeSantis, was forced to resign late last week after photos of him dressed in blackface at a 2005 Halloween party, making fun of Hurricane Katrina disaster victims in New Orleans, were surfaced by a Florida newspaper.

But, far more troubling is that two elected county Supervisors of Elections have now been suspended and forced out of their job in the two most Democratic areas of the state. Former Governor Rick Scott pushed out Broward County's Brenda Snipes last year, after the midterm elections. And a week or so ago, the new Governor DeSantis subsequently suspended longtime Palm Beach County Supervisor Susan Bucher. Both suspensions used false pretexts.

Scott falsely claimed that Snipes added fraudulent ballots to the totals last November. DeSantis claimed that Bucher's failure to deliver results on time from last year's unprecedented four statewide "recounts" (including ones that Scott won for the U.S. Senate and DeSantis won for Governor) justified the removal of the popular --- and elected! --- Supervisor Bucher. [DeSantis and Scott are pictured above with Trump.] While Snipes has had a number of failures as Broward's elections chief over the years, Bucher is one of the most dedicated and knowledgeable election officials in the nation.

As we reported before Florida's ridiculously short deadline for machine "recounted" elections last year, the older tabulation system still used in Palm Beach was simply, and physically, incapable of re-tallying ballots from four different statewide races in the 5 days or so allotted by state law. Bucher's removal, as described on today's program in detail, is nothing short of an outrageous GOP power-grab.

As the Palm Beach Post editorial board described in a scathing editorial, the removal of Bucher "plunged a dagger into the election process". They argue it "smacks of overreach and an abuse of power". Bucher, the board accurately notes, is "highly respected by her peers," has been "a hard-working public servant," before concluding: "[S]he has never shown anything but dedication and integrity to the voters of this county. She doesn't deserve this blatantly partisan bum's rush from a fledgling governor."

But, it's not just a Florida outrage. It should be a national one, given that two Republican lackeys have now been installed by Republican Governors to oversee elections in the two most Democratic-leaning areas of the closely divided Sunshine State in advance of the 2020 Presidential election. And, in both cases, they were removing officials who were (small-"d") democratically elected by their constituents!

Also today...

  • The billions lost to the U.S. economy, according to the non-partisan Congressional Budget Office, thanks to Trump's shutdown;
  • How federal contract workers are currently screwed without promises for back-pay, unlike furloughed federal employees;
  • The population of monarch butterflies has absolutely plummetted in California (and elsewhere). Not a good sign.
  • And callers ring in on why they believe Trump finally decided to fold on the shutdown on Friday --- at least for three weeks, until it may happen again, or he decides to declare a fake "national emergency" to justify stealing billions of tax-payer dollars allocated to military spending in order to build his unnecessary and unwanted southern border wall...

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Guests: BRAD BLOG's Ernest A. Canning and Desi Doyen, with a look back, a look forward, some thanks, and, yes, the news of the day...
By Brad Friedman on 1/24/2019 6:25pm PT  

On today's BradCast, it's the 15th Anniversary of The BRAD BLOG! So --- in addition to the news of the day --- we take a precious few minutes on today's program to reminisce a bit with longtime BradBlog.com legal contributor ERNEST A. CANNING and Green News Report co-host and BradCast producer DESI DOYEN! [Audio link to full show is posted below.]

After a few words on Canning's latest article at the blog on the "Political Revolution" embodied by the new freshman class of progressive U.S. House members and the many challenges they are now facing down in D.C., we discuss some of the lessons learned and important stories covered at our little, independent, reader- and listener-supported website over the past decade and a half.

Many of the stories we broke years ago --- too numerous to link here, on everything from electronic voting concerns and voting rights to climate change and much more --- have since become part of the national consensus as well as many popular calls for reform. That, even as much (but not all) of our independently verifiable, evidence-based news coverage was marginalized or dismissed by many in the corporate media years earlier. We discuss just a few of those stories today --- too numerous to detail here --- as we look both back and forward on this latest milestone. We also offer thanks to the many who have made all of it possible over the years, from our blogging contributors, to radio affiliate partners, to various whistleblowers (publicly known and unknown) over the years.

Of course, none of it could be done without those of you support our work via BradBlog.com/Donate. So, if you haven't hit that page in a while, please consider doing so, as we operate solely on the support of folks like you. Seriously. Please consider a one-time donation or, even better, an automated monthly donation of any amount you can afford. I hate haranguing folks for this, but it really is necessary in order for us to continue our work, which we now share on a daily basis with dozens of radio affiliates around the country and world for free! Your support alone allows that and so much more that we do at The BRAD BLOG, The BradCast and the Green News Report to continue. And if I can't ask on our 15th birthday, when can I? So click here please! And thank you!

And, yes, there was also a bit of news today for a change in Washington D.C., so we also cover that on today's program. Among those stories...

  • Donald Trump's federal government shutdown nears the end of it's fifth record week, as he folded like one of his own cheap and poorly tailored suits on Wednesday night in his standoff with U.S. House Speaker Nancy Pelosi on delivering his State of the Union next week.
  • At the same time, federal aviation unions issued a dire warning about the ongoing effects and potential critical dangers of the shutdown.
  • We share a heartbreaking story about a 10-year old girl who suffered a broken wrist in stoic silence for a week, because she was frightened to tell her father, a Dept. of Homeland Security employee forced to work without pay.
  • Billionaire crypt-keeper and Commerce Dept. Secretary Wilbur Ross took to the airwaves to, essentially, call 800,000 federal workers whiners for needing to use food banks to feed their families, when they could just go out and get a bank loan instead to cover costs until the federal government reopens.
  • In the U.S. Senate, Mitch McConnell finally allowed votes on measures to reopen the government, one from Rs and one from Ds. Both failed to get the 60 votes needed to overcome filibuster, though the D version --- which did not include funding for Trump's border wall --- received more votes than the R version in the GOP-majority Senate.
  • And Trump's former attorney Michael Cohen learned that he may have to appear before both House and Senate Committees next month, despite threats to his family by the President of the United States.
  • Finally. Desi brings us the latest Green News Report, with more bad news about the shutdown and Greenland's melting ice shelf, but some encouraging news on a huge majority of Americans who now appreciate the threat of climate change and on the amazing teen climate activist taking on the corporate powers and millionaire/billionaires at Davos this week...

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...

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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...

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Mattis quits! Troops out of Syria! Whitaker's reversal! Government shut-down?! Food stamps cut! NK nuke deal collapse?!; Also: Dems announce 2020 Primary debate plan; NC-9 GOP election fraud since at least 2016...
By Brad Friedman on 12/20/2018 6:28pm PT  

Every great Reality TV show needs a dramatic and gripping season finale. So too, apparently, does does every horrible Reality TV Presidency! [Audio link is posted below]

Today is our last new BradCast before Christmas (Angie Coiro will be filling in for us, along with a few "evergreens" over the next week or two), but, as has become clear today, Trump! The Presidency! has certainly delivered in the shocking and suspenseful season finale department! Including...

TWISTS AND TURNS! Acting AG Matthew Whitaker did not, as misreported earlier today, get approval from a DoJ ethics review to oversee Special Counsel Robert Mueller's probe. In fact, the ethics review determined he should recuse himself. But, apparently, he plans to ignore that finding;

SURPRISES! Trump defies his military advisers, not to mention stuns and infuriates members of Congress on both sides of the aisle along with experts in the region, by declaring "victory" on Twitter over ISIS and that he plans to now pull U.S. troops out of Syria! But when? Nobody seems to know. Is Afghanistan next? (Apparently so!);

MAIN CHARACTERS 'KILLED OFF'! Defense Secretary Gen. James Mattis, the last of Trump's "My Generals", and none too happy about the Syria decision, submits his surprise resignation, charging the President is anything but "clear-eyed" about the need for U.S. alliances and the threats faced from its adversaries;

SUSPENSE! Will Trump shut down the federal government over Christmas? Last week he said he would. Earlier this week he indicated he wouldn't. But, today, it looks like he will! And all over $5 billion in funding for a southern border wall (now "steel slats") he promised that Mexico, not tax-payers, would be paying for;

CHRISTMAS VILLAINY! Trump's USDA, in defiance of Congress's newly passed farm bill, announces they will now make it more difficult for the poor to receive food stamps. That'll show 'em!;

NUCLEAR CLIFF-HANGER! North Korea bluntly declares that "denuclearization of the Korean peninsula" actually means what it sounds like, and what those of us in the reality-based world (as opposed to the Reality TV world) already knew. They will not denuclearize unless the U.S. removes its own troops and nuclear weapons at the same time. Will Trump return to his threats for "fire and fury like the world has never seen"?! Stay tuned for the thrilling 2019 season!

Also today: The DNC announces its planned schedule for a dozen 2020 Presidential primary debates beginning in 2019, even though we're not yet even done with the 2018 election around here yet!

As we await the scheduled January 11th evidentiary hearing over the GOP's 2018 Absentee Ballot Election Fraud Scandal that has prevented Republican Mark Harris' 905-vote U.S. House "victory" over Democrat Dan McCready from being certified in North Carolina's 9th Congressional District, the state Board of Election's stunning 279-page 2016 investigative report [PDF] on apparent absentee ballot fraud by McCrae Dowless, the same GOP contractor hired in 2018 by Harris, is released. And it includes some jaw-dropping evidence begging the question: How can it be that Dowless not already prosecuted after 2016, but allowed instead to carry out the same unlawful election fraud scams in 2018?!

Finally, Desi Doyen joins us for the latest Green News Report, with a number of climate crisis Christmas gifts from states around the country and hardly any lumps of coal at all!...

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

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Trump 'charity' shuttered; Admin backs off shutdown threat; Flynn sentencing fiasco; McSally appointed in AZ; NC-9 fraud hearing delayed...
By Brad Friedman on 12/18/2018 6:31pm PT  

Today was the first day that it really began to feel like things are finally falling completely apart for Donald Trump and his administration. [Audio link to show follows below.]

Among the mountain of stories covered on today's BradCast amid an astonishing day of news on several fronts...

  • The New York state Attorney General entered an agreement with the Trump Foundation to permanently shut down the supposed charitable organization. Her investigation and prosecution of alleged fraud, campaign violations and self-dealing via the organization by Trump, his three adult children and his 2016 campaign will continue, despite the Foundation's dissolution;
  • The Trump Administration blinked on Tuesday, at least a bit, following Trump's previous televised threats to shut down the federal government this Friday over funding for his border wall with Mexico (which, we were repeatedly told during the campaign, they, not tax-payers, would pay for.) Last week, Trump said on camera he would be "proud" to shut down the federal government before Christmas if Democrats didn't agree to $5 billion for wall funding in a budget agreement that must pass by this Friday. Today, Trump's Press Secretary suggested they'd find the money elsewhere, even as Congress remained at a standstill with Republicans not having enough votes to pass a bill that meets Trump's demands;
  • At the same time, in a federal court room in D.C., Trump's disgraced former National Security Adviser Michael Flynn, who pleaded guilty to lying to federal investigators last year, had been expected to walk away from his sentencing hearing a free man today following his cooperation with Special Counsel Robert Mueller's team. They had requested no jail time for Flynn after his help in several known and unknown probes. But, thanks to Flynn's attorneys falsely suggesting in a sentencing memorandum last week that he had been duped, tricked and entrapped by FBI investigators into lying about his contacts with the Russian ambassador, the sentencing was mercifully postponed until March. In a remarkable colloquy with U.S. District Judge Emmet Sullivan, a Ronald Reagan appointee, Flynn quickly backed off his attorneys claims. In blistering remarks from the bench, Sullivan railed that he could not "hide my disgust, my disdain" for Flynn's behavior, and upbraided the former top Trump official and retired Lt. General for having "arguably sold out your country". A reportedly shaken Flynn then asked for his sentencing to be delayed, so that the could further cooperate with the Special Counsel in hopes of being credited to avoid jail time. All of that, after Trump had wished Flynn "good luck" via Twitter prior to today's hearing;
  • In Arizona, the loser of November's U.S. Senate contest, Republican Rep. Martha McSally, was appointed by the state's GOP Governor to take the seat of Sen. Jon Kyle, who had temporarily replaced the late Sen. John McCain earlier this year. McSally narrowly lost her Senate bid in November to Democrat Kyrsten Sinema, who she had described as a "traitor" during the campaign. McSally also tried to make amends with McCain's family after insulting the ailing Senator before his death;
  • In the North Carolina GOP absentee ballot election fraud scandal, state Republicans reversed their position for a second time regarding the certification of Republican Mark Harris. State Republican leaders demanded that he be certified in the state's 9th Congressional District House race, despite an ongoing fraud investigation. The current results show that Harris defeated Democrat Dan McCready by just 905 votes in November. The State Board of Elections, however, has refused to certify the race due to the allegations of absentee ballot fraud and has postponed it's planned evidentiary hearing from December 21 to January 11, thanks to what the Board describes as delayed document production by subpoenaed parties. Harris has now admitted that he hired the GOP contractor accused of altering or withholding perhaps thousands of absentee ballots in the race;
  • Finally, Desi Doyen joins us for the latest Green News Report with a surprising amount of actually encouraging news for a change.

Yes, it really is beginning to feel a lot like Christmas...

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Guest: Prof. Richard DeMillo of Georgia Tech; Also: Obamacare found 'unconstitutional'?; Zinke resigns; Callers ring in on compulsory voting...
By Brad Friedman on 12/17/2018 6:25pm PT  

It's been a very busy news weekend (as usual these days), so we try to catch up with at least some of it, along with calls from listeners on today's BradCast. But, more importantly, we're already busy trying to save the next election from disaster, thanks to a move by folks on the right and left to make election results virtually impossible to be overseen and verified. [Audio link to today's show is posted below.]

States and counties all across the country are finally beginning to move to new "upgraded" voting systems. In many cases, however --- in both Republican and Democratic-leaning jurisdictions alike --- officials are now disastrously preparing to move to touchscreen computer Ballot Marking Devices (BMDs) which are even less verifiable, in many cases, than systems currently in use!

In Georgia, a commission impaneled by Republican Brian Kemp, champion vote suppressor as former Sec. of State and now Governor-elect, is deciding whether to move from the state's 100% unverifiable Diebold touchscreen Direct Recording Electronic (DRE) voting machines to similarly 100% unverifiable touchscreen BMDs made by ES&S before the next election. Here in Los Angeles County, the nation's largest voting jurisdiction, the Registrar-Recorder/County Clerk has already announced plans to move to such an unverifiable system before the 2020 Presidential election, while (incorrectly) claiming that it produces a "verifiable paper ballot". BMD systems do not.

Proponents argue that touchscreen BMDs, which print out a computer-marked and barcoded "paper ballot" summary card of the voters vote, produce a "verifiable" record of the cast ballot. But, as Professor RICHARD DEMILLO of Georgia Tech and Verified Voting explains today, based on his recently published study, many voters (about half) do not bother to verify their computer-printed ballot summary cards before casting them to be tallied by a separate computer scanner. Of those who do, the study finds, they only glance at them for an average of 3.9 seconds before depositing them into the scanner (and that was during an election with some 18 races on the ballot!)

"Half of them don't look at the ballots at all," DeMillo tells me. "Those that do, give it by and large a cursory reading that wouldn't allow them to check it in any meaningful way."

Moreover, DeMillo's study finds, based on observation and testing at polling places earlier this year, most voters are unable to accurately verify --- just seconds after leaving the polling place --- whether an unvoted list of the races they just voted in accurately represents the races on the ballot they just cast! DeMillo --- a longtime computer security expert who formerly served as Hewlett-Packard's chief technology officer --- argues, the only way to ensure that ballots actually reflect the will of the voter is to use HAND-MARKED paper ballots, whether they are counted by hand or optical-scan systems.

"These are all problems we've created for ourselves" with some help from the private voting system vendors, he argues. "The only reason we're having this discussion is that someone decided that having an expensive pen to mark a ballot is more important than the transparency of the election process itself. As soon as you get rid of the Ballot Marking Devices, the universe goes back to normal, mathematics works out, we can conduct auditable elections in a much more verifiable way."

When I ask this longtime computer technologist and cryptography expert the best, most verifiable way to cast ballots, he answes directly: "Hand-marked paper ballots." His answer echoes that of longtime Livermore National Lab computer scientist and voting systems expert Dr. David Jefferson, who argued the same point during my interview with him in October.

Also today: What the federal court's questionable ruling in Texas on Friday finding the Affordable Care Act (Obamacare) unconstitutional, does (and doesn't) mean for all of us in 2019. The federal HealthCare.gov exchange's open enrollment period for 2019 ended over the weekend, but several states which run their own Obamacare markets, such as CA, CT, D.C., NY, MA, MN and RI, continue open enrollment through January.

Then, a thought or two from our own Desi Doyen on the long-overdue weekend announcement of the resignation of Trump's corrupt Interior Department Secretary Ryan Zinke.

And, finally today, we open the phones to callers with thoughts on, among other things, whether voting in the U.S. should (or shouldn't be) be compulsory and whether voting is a "right" or "privilege". Don't miss that lively debate with callers and much more on today's BradCast!...

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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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