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Latest Featured Reports | Tuesday, November 13, 2018
FL 2000 'Recount' Chief: State 'Cannot Physically' Complete 'Recounts' by Deadline: 'BradCast' 11/12/18
Guest: FL's Ion Sancho; Also: CA fires; Sinema wins Senate in AZ; Legal fight for GA Guv...
Sunday 'VFW' Toons (Veterans Forgotten by Washington)
PDiddie's weekly toon collection nods to those gone and forgotten by some, and those not gone, but who we might like to forget...
Election Battles Rage in FL, GA: 'BradCast' 11/9/18
Guest-host Angie Coiro w/ latest on ballot fights in Senator, Guv races and other news; Also: Law360's Amber McKinney on DACA; D.D. Guttenplan on progressivism's future...
Dems' Challenge to FL 'Sig-nature Mismatch' Law Could Determine Guv, Senate Races
Even former Democratic Rep. Murphy disenfranchised when ballot was rejected...
Statewide 'Recounts' Likely in FL, GA, AZ Senate, Guv Races: 'BradCast' 11/8/18
Campaigns fight to 'count every vote' amid uncounted and rejected ballots, undervotes, computer-tabulation concerns; Also: CA mass shooting; RBG hospitalized; Trump Crisis...
'Green News Report' 11/8/18
  w/ Brad & Desi
GNR Special Coverage: Big wins, losses for the environment in 2018 midterms -- Science to return to the House Science Comm., Big Oil money crushes state energy ballot measures...
Previous GNRs: 11/6/18 - 11/1/18 - Archives...
Election Day 2018 An Entirely Predict-able Mess (Again): 'BradCast' 11/6/18
Hours-long lines, failed vote systems leave voters, ballots stranded; Also: Lulu Friesdat on tabulation mysteries, unlawful Wi-Fi in Dallas County, TX counting room...
'Green News Report' 11/6/18
SCOTUS allows kids' climate trial to proceed; 90% of kids breathe highly polluted air; Plastic pollution everywhere, even in humans; PLUS: World Bank nixes coal...
GA's Kemp Falsely Reports Voter Database Flaw as Dem Hack: 'BradCast' 11/5/18
Guest: Election integrity expert Marilyn Marks on Kemp's repeated 'cybercrimes' lies parrotted by media, while he oversees own Guv election against Abrams...
Sunday 'Fear Itself' Toons
If only the only thing we had to fear today was PDiddie's latest toon collection...
2018 Sec. of State Races Key to 2020 Presidential Election: 'BradCast' 11/2/18
Guest: Ari Berman on suppression and key down-ballot races; Also: Election nightmares previewed in WI, TN, ND?; Third-party pull-outs in AZ, MT Senate races...
2018 Guv Races Key to House Majorities in 2022, Beyond: 'BradCast' 11/1/18
Guest: Vox' Dylan Scott with encouraging news for Dems in several 'red' states; Also: More trouble at polls...
'Green News Report' 11/1/18
Criminal referral for Zinke; Ocean heat worse than known; G.M. wants e-car mandate; Our most crucial election; PLUS: Teen activist launches kids' strike for climate...
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: TPM's Alice Ollstein; Also: ES&S misleads officials after lie about remote access of election systems; Deadly storms slams Midwest...
By Brad Friedman on 7/20/2018 6:09pm PT  

First up on today's BradCast, a follow-up to yesterday's important show on the wildly vulnerable remote access software installed with computerized election systems sold --- and lied about --- by the nation's top voting system vendor, Election Systems and Software, Inc. (ES&S), as well as by other U.S. vendors who have helped privatize our public election systems. [Audio link to show follows below.]

After Kim Zetter's report at VICE's Motherboard earlier in the week revealed the company had lied to her about their use of the dangerous software for her New York Times report earlier this year, ES&S apparently sent an extraordinarily misleading email to their "valued customers" (election officials in counties around the nation), hoping to minimize concerns over their ill-considered practices.

As they --- and the other corporate vendors who have taken over our public elections with poorly designed, oft-failed and easily-manipulated computer voting and tabulation systems --- have been doing for years, the letter misinforms their "customers" about the dangers of including remote access software on election management systems which program ballots for electronic voting machines and tabulate votes. We explain how the company --- and, sadly, most of the federal government --- continues to lie and mislead about the dangerous of such systems, all of which, despite claims to the contrary by many officials, are, in fact, vulnerable to both Internet hacking and insider manipulation.

Then, as a new federal court deadline looms in less than a week for the Trump Administration to reunite more than 2,500 children separated from their parents at the border, we're joined by Talking Points Memo reporter ALICE OLLSTEIN, who has been keeping up with a dizzying array of federal court motions, hearings and rulings in recent weeks.

The consequences of Trump's so-called "Zero Tolerance" policy at the border has somewhat fallen off the front pages over the past week of mind-bending Trump/Russia news, so Ollstein catches us up with much that we have missed, including one court loss after another for the Trump Administration and federal judges --- appointed by Democrats and Republicans alike --- quickly losing patience with them. Heartbreaking stories of thousands of separated families continue to come out, as the Administration, from all reports, appears nowhere close to meeting a July 26 deadline to reuinite thousands of children over 5 years of age with their parents.

"It's just a huge mess, and it has been for weeks," she tells me. "The administration has been saying things in court and in legal filings that are just blatantly untrue. They have made promises and not kept them. They've blown past the deadlines for the reunification. So these federal judges are losing their patience and stepping in."

Ollstein describes reports from legal groups and immigration advocates of kids still being snatched from their parents at the border and facing "deep, deep trauma" within government detention, while novel (and seemingly unlawful) new interpretations of asylum laws are challenged in court and Congressional Republicans refuse to take substantive action.

"This has been pushed off the front page by other crazy, breaking news in this crazy administration," she observes. "Obviously, people are still outraged, still upset about this and want to see a solution. But it seems Republicans are not feeling enough heat to take action."

Finally, with way too much heat in the Midwest, extreme weather turned deadly on Thursday, as 17 were killed when a sudden storm overtook an amphibious "duck boat" on Table Rock Lake near Branson, Missouri, and as a swarm of as many as 27(!) tornadoes seem to have appeared out of nowhere to devastate several towns in Iowa...

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

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With Trump's own intel agencies warning of election hacks and the White House contradicting them, disturbing new revelations of voting system vulnerabilities may help explain a 2011 BRAD BLOG exclusive report...
By Brad Friedman on 7/19/2018 6:43pm PT  

As noted at the top of today's BradCast, it's worth buckling up before listening. [Audio link to show follows below.]

We begin, gently enough, with the news of California's Supreme Court temporarily nixing a billionaire's statewide initiative from this November's ballot which, if adopted, would split the state into three. We explain why the Court removed the measure, for now, thanks to a challenge by an environmental group.

Then, with Donald Trump's own Director of National Intelligence, Dan Coats, warning this past week that "the system is blinking red" in a way that hasn't been seen since just before the 9/11 attacks, the multiple and ever-changing positions by the President of the United States in recent days, regarding whether Russia interfered in the 2016 election and is actively doing so in advance of the 2018 midterms, is all the more head-spinning. Coats was referencing warning signs being reported by U.S. intelligence agencies regarding ongoing attacks and intrusions on America's critical infrastructure --- including our wildly vulnerable electoral systems.

Moreover, new reporting on Trump being read into explicit source details weeks before he was inaugurated in early 2017 regarding Russia's alleged 2016 election intrusion measures, make his ongoing denials, ever-changing positions, and dizzying White House spin to explain them all following Monday's summit with Putin in Helsinki, all the more bewildering. Nonetheless, his own intelligence apparatus and appointees continue to contradict the President, even as the GOP-controlled Congress fails to take any substantive action to either place a check on Trump or even to help protect this November's crucial elections.

At the same time, after the FBI informed Maryland just days ago that its entire election system was being hosted on a private commercial server said to be owned by a Russian oligarch tied to Putin (as discussed in detail on yesterday's BradCast), we learn this week that the top U.S. election system vendor, ES&S, has been lying about remote access software and modems installed, for many years, on systems still used by a majority of U.S. voters.

The new revelations may help explain an exclusive special report published by The BRAD BLOG back in 2011, with an officially-commissioned independent analysis finding that, among other concerns, Venango County, Pennsylvania's ES&S election management system had been accessed by an unknown and unauthorized computer for "several hours" from a remote location. As we reported at the time, ES&S and the County's Board of Commissioners went to considerable lengths, after those revelations, to block a further, independent forensic analysis of the system.

And now, perhaps, we may know why. Kim Zetter reports this week at Vice's Motherboard that the company lied to her and New York Times' fact-checkers earlier this year in advance of her February article at the paper on the inclusion of modems and pcAnywhere remote access software included with the election management systems sold to customers from 2000 to 2006. After previously insisting the company had no "knowledge that our voting systems have ever been sold with remote-access software", ES&S reversed itself in a letter to U.S. Senator Ron Wyden, she reports. But they have refused to respond to the Senator's subsequent follow-up queries or to appear at recent Senate hearings on U.S. election system vulnerabilities.

As Zetter details, pcAnywhere was found to include multiple and serious vulnerabilities over the years, which would have allowed unauthorized intruders to change election results with little chance of detection. Moreover, she explains, many questions remain about why ES&S lied, which jurisdictions around the nation may still feature the same, easily-exploitable flaws, and about electronic voting and tabulation systems manufactured by the nation's other top vendors, believed by expert to likely have included similar remote-access vulnerabilities.

All of that (and more, including our latest Green News Report), just over three months out from this November's midterm elections. Told you to buckle up...

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: Former federal prosecutor Michael J. Stern; Also: Trump tries to walk back Helsinki remarks after a day of brutal criticism...
By Brad Friedman on 7/17/2018 6:40pm PT  

On today's BradCast: Donald Trump tries to walk back Helsinki, and Robert Mueller has more shoes to drop, according to a former federal prosecutor's analysis of recent indictments. [Audio link to show follows below.]

The fallout from President Trump's stunning comments in Helsinki on Monday continued on Tuesday, in response to the President of the United States taking sides against his own intelligence agencies and in favor of Russian President Vladimir Putin, who stood beside him at a joint press conference following their one-on-one summit. After more than 24 hours of unrelenting backlash from media, Democrats, former intelligence officials --- and even a number of largely gentle public critiques from some Republicans --- Trump attempted to clean up his overseas comments.

Working from written remarks at the White House today, he now claims he "accepts" the U.S. Intelligence Community assessments of various alleged Russian cyber-attacks on the 2016 election, and that he simply misspoke --- just one word --- when claiming during Monday's joint presser with Putin that he saw "no reason why it would be Russia" behind the 2016 attacks. He meant to say "wouldn't", rather than "would", he now says. Trump is hoping to dig out from under his denial just days after Special Counsel Robert Mueller filed new felony charges against 11 Russian military intelligence officials said to have been working on behalf of Putin, according to the indictment, when they infiltrated DNC and Hillary Clinton campaign computers to steal emails, release them to the public before the election, plant malware on state and local election official computers and steal voter registration data in 2016.

Mueller's Friday indictment preceded yet another one announced on Monday by the Dept. of Justice, concerning the Sunday arrest of a Russian national who allegedly infiltrated the National Rifle Association along with a Putin-connected oligarch.

We're joined today by former federal prosecutor MICHAEL J. STERN who explains how Mueller's Friday indictment of Russian military operatives was filed and written in a way that suggests there are more such indictments to come, particularly of Americans. Stern describes, from a prosecutorial perspective, how and why investigators working on sprawling conspiracy cases tend to work their way up from lower-level aspects of the case, toward their main targets, while trying not to prematurely tip their hand or reveal evidence they hope to keep under wraps before the later indictments.

He details how Mueller's Friday charges of the Russian military officials (and a number of Russian social-media scam artists earlier this year), serve to buy time for the Special Counsel probe, while establishing an understanding among the public for the larger crimes being investigated --- before other "shoes" are ultimately dropped.

"He was essentially allowed to have his cake and eat it, too. He was able to set forth the indictment and charge the Russian members of the conspiracy. But, because they're not in the United States and the likelihood of them being extradited at all is slim, he's able to continue his investigation without the pressure of having to deal with those defendants making appearances in court, etc," Stern tells me. "It's my sense of things that there was a calculation, a strategy on his part in doing that."

"There's a process, I think, that Mueller is going through to get, not only members of Congress, but more importantly, the public, to understand that what has been alleged --- the Russian interference with the 2016 presidential election --- has actually occurred," he argues. "Mueller knows exactly where he is going, and that what he's doing is dropping bread crumbs until he gets to the loaf of bread, which, I believe, will include Americans."

Finally today, Desi Doyen joins us for the latest Green News Report, as summer heat, exacerbated by global warming, continues to take its toll in several different ways that folks don't often consider. That, at the same time as many who have been longtime science deniers now seem to be coming around in several different interesting ways as well...

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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By Brad Friedman on 7/16/2018 6:03pm PT  

On today's BradCast: Our 'WTF?!' coverage of the remarkable joint press conference following President Donald Trump's meeting with Russian President Vladimir Putin in Helsinki, Finland. [Audio link follows below.]

It was not 72 hours following US Special Counsel Robert Mueller's indictment on Friday of 12 top Russian Military Intelligence officers on 11 felony indictments related to hacking into and stealing DNC and Hillary Clinton campaign emails and releasing them to the world, in an alleged attempt to manipulate the 2016 Presidential election, when Trump tweeted: "Our relationship with Russia has NEVER been worse thanks to many years of U.S. foolishness and stupidity and now, the Rigged Witch Hunt!"

Hours later he held his one-on-one summit with Putin in Helsinki before going on to hold a remarkable press conference in which, essentially, the President of the United States took Russia's side in the matter on virtually every point. In the bargain, he also attacked the FBI, the DNC and other Americans, as he stood next to the Russian President, taking his side against his own intelligence agencies.

On one point, however, they differed. Trump asserted Putin had told him he was not involved in interference in the 2016 Presidential election and he didn't "see any reason why" he would have been. But, when asked directly by a reporter if he "direct[ed] any...officials" to help Trump, who he says he supported over Clinton, Putin admitted, "Yes, I did."

Nonetheless, Trump failed to demand an explanation for any of the exceedingly detailed allegations contained in Mueller's Friday indictments when directly asked by media, choosing instead to return to strange, and largely disproven assertions regarding Democrats, the DNC server, Hillary Clinton's emails, his claims of "no collusion" with Russia and his great electoral college victory (which he also lied about.) Neither did he condemn Russia or its President in any way. We have clips from several of those answers during today's presser and reaction to it --- much of it gobsmacked --- from media, Democrats, former top intelligence officials, and even a number of Republicans, including at least one Fox "News" host who, on air, just after the news conference, condemned Trump's behavior as "disgusting".

Then, we open up the phone lines to callers --- who have a number of diverse opinions --- on all of the above, even as most of the same U.S. electoral vulnerabilities said to have been exploited by Russia in 2016, remain equally as vulnerable just months before our crucial 2018 midterm elections...

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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Guests: SC GOP activist Frank Heindel and attorney Larry Schwartzol; Also: New Senate bill finally calls for HAND-MARKED paper ballots...
By Brad Friedman on 7/13/2018 6:44pm PT  

Today on The BradCast: On the eve of Donald Trump's scheduled Monday summit with Russian President Vladimir Putin, Dept. of Justice Special Counsel Robert Mueller brought eleven new felony charges against twelve Russian military intelligence officials on Friday. They were charged with various crimes related to cyber-interference in the 2016 Presidential election. And, a bi-partisan federal lawsuit is filed in South Carolina in hopes of finally terminating the state's easily-hacked, repeatedly-failed, 100% unverifiable voting system. [Audio link to show follows at end of article.]

The Russian military officials cited in today's indictment [PDF] relates to hacking into and stealing documents from the DNC and the Hillary Clinton campaign, and releasing them to the public in hopes of manipulating the election. The charges also relate to attacks against state and county election officials and a voter registration company where email spearphishing schemes are said to have implanted malware onto the computer networks in question.

The new indictment does not allege any Americans knew of the hacking scheme detailed by Mueller, though it notes that Trump's public July 2016 call for Russia to find and release "missing" personal Hillary Clinton emails was followed by attacks, "for the first time", on an Internet domain used by her personal office.

While the filing details at least one state voter registration system where some 500,000 private records were accessed, it does not allege that voting results were manipulated (although the DHS admitted last year they never examined either ballots or voting systems.) During Deputy Attorney General Rod Rosenstein's announcement of the new charges, he also excoriated partisan and media speculation regarding the probe, as well as attacks (presumably by Congressional GOPers and Trump) on the FBI itself.

Meanwhile, much media coverage was given on Thursday to the insanely chaotic ten-hour long U.S. House hearing featuring testimony by Peter Strzok, the top FBI counter-intelligence specialist who initially led the investigation into Russian interference back in 2016. At the same time, a hearing in the U.S. Senate this week on safeguarding our election infrastructure received little or not coverage. Today, we try to correct that a bit, with some of the testimony offered by Sen. Ron Wyden (D-OR), sponsor of a new election reform bill in the Senate --- the Protecting American Votes and Elections (PAVE) Act --- which is the only one that would require a HAND-MARKED paper ballot for every voter in the U.S. His testimony calls out ES&S, the nation's largest computer voting system vendor, for failing to show up for the hearing or answer any of his basic cyber-security questions he's sent to the company over the past year.

Then, after more than a decade of failed elections on the 100% unverifiable ES&S iVotronic touch-screen voting systems used across the state of South Carolina --- including the still-remarkable and still-unexplained story of Alvin Greene, the completely unknown, unemployed man who somehow managed to win the state's 2010 Democratic U.S. Senate primary without campaigning at all, against a longtime, well-known state legislator and circuit court judge --- a lawsuit was filed this week in federal court to force the state to offer a secure system to voters.

The complaint [PDF] was filed on behalf of two plaintiffs. One, a former eight-term Democratic state legislator, the other a longtime Republican Freedom of Information Act champion and election critic in the Palmetto State. The Republican plaintiff, FRANK HEINDEL, and attorney LARRY SCHWARTZTOL, of the non-partisan, non-profit ProtectDemocracy.org, join me to explain the lawsuit, Heindel's years of work attempting to oversee state elections (and their accompanying disasters), and whether the new complaint might make any difference in the state before this year's crucial 2018 midterms.

"I've just always been skeptical of the 'black box' mentality where you go in and you just trust the machine, and there's no way to verify the results," Heindel explains. "I've just never really trusted that system. I've tried to push us towards a more paper-based way to vote, and it's taken many years here, but I'm starting to get a little optimistic that the worm has turned and we're going to make some progress."

"You need a system where the winner knows that he won, the loser knows that he lost, and everybody knows that their votes were cast and counted directly. We don't have that today," he tells me. The longtime businessman has spent the last decade or more filing some 47 FOIA requests attempting to personally investigate election results and related problems in the state. (We've been following Heindel's efforts for years. You can watch part of Dan Rather's 2010 report on Heindel, right here.)

The longtime litigator Schwartztol, for his part, explains: "What we're arguing for in the lawsuit is to replace that system with one that meets basic, common-sense principles. Secure in its basic architecture against cyber-attacks. The main way to do that, most people agree, is a pretty simple one. And that's building a system around paper ballots, that can be verified, that can be audited, that can be the subject of a recount if that's necessary."

"What we describe in the lawsuit is a voting system that contains unnecessary vulnerabilities and that is not sufficiently reliable to do the work," he adds. "The work of ensuring that votes are accurately recorded and counted."

He lauds the state's election commission chair, Marci Andino (one of the suits defendants), for stating her desire to move to a new system, but is critical of the claim that it would require $50 million to do so. A paper ballot system he says, citing a recent report from NYU's Brennan Center for Justice, would cost much less. He also tells me that one of the solutions they hope to pursue in the case, potentially before November, is the use of the state's absentee paper ballot system that could be used for all voters this year.

"You saw today where Rosenstein was saying that the Russians had sent phishing emails to various state and county folks," notes Heindel. "Our county election people, they're hard-working and they mean well, but I can get tricked on a phishing email. The idea that we have state and county election people that are trying to fend off sophisticated attacks from foreign adversaries, it's crucial that we get our arms around this thing, and get to paper sooner rather than later."

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

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Also: Plastic straws, straw polls, final straws, some actual good voting news, RIP Ed Schultz, and a bunch of listener calls...
By Brad Friedman on 7/9/2018 5:57pm PT  

A whole lotta stuff happened over the long holiday weekend, much of which the Trump Administration hopes you don't notice at all. We try help you notice them on today's BradCast. [Audio link to full show is posted below.]

But we start with some of the very few bits of good news we could find, as November's elections --- and our only hope --- loom large. First up: A petition drive in Michigan to place a host of election reforms on the ballot appears to have been successful. With 430,000 signatures submitted (far more than the 316,000 required), it looks like Michiganders will be able to vote for automatic voter registration, same-day registration, no-fault absentee voting and much more this Fall.

In Kansas, following a trial and federal court order, Kris Kobach, the state's embarrassing Sec. of State, has finally added some 25,000 voters to the rolls who had been denied access for lack of "Proof of Citizenship" documents. The court struck down the state law requiring the documentation as unconstitutional after Kobach monumentally failed in his defense of the law during the recent trial on behalf of voters who had challenged it. That hasn't stopped the GOP's top "voter fraud" fraudster, however, from claiming --- you guessed it --- fraud during a recent GOP straw poll in advance of the August primary in the state, where Kobach hopes to win the Republican nomination for Governor. (He lost the straw poll to Republican Gov. Jeff Colyer...by a lot.)

In other (largely) good news, Starbucks says they plan to do away with plastic straws to help save the planet (and comply with local governments who are banning them.)

Then, to the much less good news, as all-time heat records were shattered, by double-digits, here in Southern California over the holiday. Though the wildly corrupt fossil-fueled tool Scott Pruitt was finally forced to resign over the holiday weekend as chief of the Environmental Protection Agency (his resignation letter is amazingly creepy!), his second-in-command, Andrew Wheeler, an actual coal industry lobbyist, will now take over the EPA.

Also in recent days, two issues that Trump claims to have fixed (which he broke in the first place), have proven not to have been fixed at all. Despite Sec. of State Mike Pompeo describing recent "denuclearization" talks with North Korea as "productive", the North's Foreign Ministry characterized the U.S. attitude at negotiations as "gangster-like" and "cancerous" just after he left. That, after Donald Trump recently declared: "There is no longer a Nuclear Threat from North Korea".

And, the chaos continues as the Administration is reportedly nowhere near being able to reunite some 3,000 children with their parents, as required by a federal court order and deadlines, after they were separated at the southern border by Trump's immigration goons. That, after identification documents for many of the children were reportedly lost or destroyed, and despite Trump signing an Executive Order two weeks ago which he said would solve the tragic separations that he caused in the first place.

Finally today --- along with a ton of phone calls from listeners on all of the above and much more throughout today's show --- a few words, and some personal remembrances, on the sad passing last week of progressive radio and television broadcaster, and workers' champion, Ed Schultz...

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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On how I started blogging, the many still-unanswered questions about the 2016 election, how our voting systems are getting worse, not better, and what we all must do right now to protect the 2018 midterm elections...
By Brad Friedman on 7/3/2018 3:52pm PT  

Desi and I are ducking out for a short breather over the Independence Day holiday. But, before we go, I appeared recently on Free Forum, hosted by longtime broadcaster and great interviewer TERRENCE MCNALLY.

So, with McNally's kind permission on today's BradCast, we bring you that recent interview, originally recorded in studio on June 24, 2018 at KPFK, our flagship Pacifica Radio Network station in Los Angeles, in which the tables are turned a bit on me.

I respond to his questions about my background, the bizarre circumstances --- and, yes, election chicanery --- which helped lead me deep into the world of investigative blogging, broadcasting and muckraking some 15 years ago.

We also discuss detailed concerns about the reported (and still unverified) results of the earth-shaking 2016 Presidential election, how jurisdictions around the country are now moving to new computerized voting and tabulation systems in its wake (even as those systems, with computer-marked, barcoded ballots will only sever to make public oversight of results worse, not better) and what Americans can do right now to fight like hell to assure they are able to vote and have their votes counted as per intent in the crucial 2018 midterms.

Much thanks to Terrence for allowing us to re-purpose his program for today's BradCast! Please see and download his many years of insightful interviews with tons of fascinating and much smarter folks than I, and sign up for his weekly email announcement list, at his website, AWorldThatJustMightWork.com! You can also hear his show on weekends at ProgressiveVoices.com and TuneIn.

We'll be back with ya after the holiday weekend! Please stay safe and, somehow, cool, until our return!

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Guest: Legal reporter Mark Joseph Stern on 'Korematsu 2.0' and how the GOP's theft of the Supreme Court has finally paid off big time...
By Brad Friedman on 6/26/2018 6:27pm PT  

On today's BradCast: The U.S. Supreme Court seat stolen by Senate Majority Leader Mitch McConnell and his Senate Republicans --- who carried out the unprecedented blockade of President Obama's SCOTUS nominee Merrick Garland for almost a year following the death of Antonin Scalia --- paid off in spades today in two separate 5 to 4 decisions which should forever have an asterisk next to them in the history books. [Audio link to today's show is posted below.]

First up today, however, primary elections are being held in seven states on Tuesday in New York, Maryland, Utah, Colorado and Oklahoma, with primary runoffs in Mississippi and South Carolina. We'll have noteworthy results and problem reports on tomorrow's BradCast, though we already know of one huge problem in Baltimore. (No, it's not a mere "glitch" or "snafu", Baltimore Sun. It is a failure...at the very least!) On Monday night, it was revealed that Maryland failed to include updated voter registration information for some 80,0000 voters who made changes to their party affiliation or residential addresses since April of 2017. The announcement was made by the state late on the evening before Tuesday's elections, in which those voters were forced to vote on provisional ballots at the polls. Those ballots will be included in the results, but won't be tallied until next week.

Then, we're joined again today by Slate's great legal reporter MARK JOSEPH STERN to discuss both of the U.S. Supreme Court's grim rulings today on Trump's Muslim travel ban and on so-called "crisis pregnancy centers", as well as several decisions from Monday --- all of which, Stern correctly points out, would almost certainly have seen the opposite outcome under Garland instead of Justice Neil Gorsuch who has been the "decisive 5th vote" in each of the cases. "Every single one of the decision that we're talking about right now would have come out differently if Justice Merrick Garland were sitting on the Supreme Court right now instead of Justice Neil Gorsuch. We would have an end to partisan gerrymandering, an end to racial gerrymandering, an end to voter suppression, an end to crisis pregnancy centers' efforts to be lawless and not have to comply with basic medical licensing. The travel ban would be struck down. It's almost brutal to think about how all of these cases would turn out if the man who should be on the Court were on the Court."

Stern details Chief Justice John Roberts' 5 to 4 majority opinion in the travel ban case, in which the Court overturned multiple lower courts to uphold Trump's third attempt at banning immigrants and travelers from several majority Muslim countries. As dissenter Justice Sonia Sotomayor also does, Stern compares the ruling to the notoriously shameful 1944 Supreme Court decision in Korematsu v. U.S., which allowed Japanese-Americans to be forced into internment camps during WWII. Today's ruling is being described as "shameful", “hateful" and "racist" by immigration advocates and religious groups alike. Stern calls the decision --- in which Roberts largely dismisses Trump's oft-repeated statements revealing his personal animus towards Muslims --- as "Korematsu 2.0"

"This Court is not as disturbed and disgusted by Trump's approach to immigration as I think a majority of Americans are," he tells me. "This is a Court that's eager to bless the President's moves in the realm of national security, and to basically believe his pretext, even when it's flagrantly B.S"

Sotomayor argues in her dissent: "By blindly accepting the Government's misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one gravely wrong decision with another."

Stern also details Justice Clarence Thomas' 5 to 4 majority opinion which, under a pretext of First Amendment free speech rights, strikes down California's restrictions on anti-abortionist scam artists posing as phony medical clinics to hoax pregnant women into not receiving abortions. Thomas, charges Stern, "wrote an astonishingly broad decision that effectively says the government has no power to regulate professional speech, no power to regulate medical speech, or doctors' speech, except when they are telling abortion patients not to get abortions." In all, he says, describing how the Court is also targeting voting rights by reversing multiple lower courts in recent rulings, they are "on a kind of tear right now, overturning court after court" and/or using any "flimsy reason to send a case back down" for rehearing.

Yes, elections matter, if you haven't noticed. In the case of the 2016 election, the result will now haunt the U.S. for generations.

Finally today, we're joined by Desi Doyen with the latest Green News Report on the climate changed-fueled flooding in Iowa that resulted in an oil train derailment and hundreds of thousands of gallons of dirty tar sands crude spilled into the drinking water supplies, and other such cheerful news to close out today's program...

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Guest: Legal reporter Mark Joseph Stern of Slate...
By Brad Friedman on 6/14/2018 6:37pm PT  

On today's BradCast: Happy birthday, Mr. President! To celebrate today, the New York Attorney general filed a civil lawsuit [PDF] against Donald J. Trump, his so-called "charitable foundation", and his children Eric, Don Jr. and Ivanka, charging that his foundation was used as little more than a personal and business slush fund, and to benefit his 2016 Presidential campaign. [Audio link to show follows below.]

All of that, NY Attorney General Barbara Underwood alleges in her suit, is in violation of both state and federal law. Many of the allegations against Trump's unlawful use of his foundation were reported in the run-up to the election, though much more self-dealing was discovered in the course of the AG's 2-year investigation, including that the Trump Foundation's board of directors had not met since 1999, that some board members had no idea they were even on the board, and that Trump's then-campaign manager Corey Lewandowski personally directed checks to be written from the foundation for campaign purposes.

Underwood's petition seeks nearly $3 million in reparations and to bar both Trump and his children from sitting on the boards of other nonprofit charitable organizations. She also refers the matter [PDF] to the Federal Elections Commission and the Internal Revenue Service for further investigation.

In other important news today, the U.S. Supreme Court issued a 7 to 2 opinion finding that Minnesota's polling place ban on t-shirts and buttons with political slogans, such as those worn by 'Tea Party' members at the polls in 2010, is overly broad and violates Constitutional First Amendment free speech protections. Slate legal reporter MARK JOSEPH STERN joins us to explain the Court's opinion, as well as the far more disturbing ruling from the GOP's stolen SCOTUS earlier this week, when the Court found 5 to 4 in favor of Ohio's voter roll purge scheme by Republican Sec. of State Jon Husted.

That scheme begins the process for removing voters from the rolls after a voter fails to vote in one single federal election. Stern discusses the troubling opinion which overturns the 6th U.S. Circuit Court of Appeal's 2016 finding that the Buckeye State's scheme directly violates the 1993 National Voter Registration Act's restriction against removing a voter from the rolls "by reason of the person's failure to vote."

On today's ruling, I am somewhat less sanguine about what the Court ruled than Stern is, but it's a close call. On the Ohio case, I think we're both in agreement. As he notes: "First, you are identified for a purge because you didn't vote just one single time, and second, you are purged because you failed to cast a ballot. Again, that would seem to go against not just the text but the express purpose of both [the National Voter Registration Act and the Help America Vote Law]. So for Alito to claim that he's just following the text of the law, and dissenters are trying to enact their own policy --- that rings absolutely false to me."

Sterns explains the largely semantic trick that Justice Samuel Alito used to, essentially, flip the provision written by Congress onto its head on behalf of the court's five Republican appointees; how the state's massive purges have disproportionately affected minority and low-income voters; and how Trump and Jeff Session's Dept. of Justice has reversed an unprecedented number of positions on federal laws since taking office.

Finally today, Desi Doyen joins us for the latest Green News Report, as even some Republicans appear to finally be turning against wildly corrupt fossil fuel industry "swamp monster" and EPA Administrator Scott Pruitt...

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

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New unverifiable voting systems fail in NV; LePage still dumb in ME; Walker's fears come true in WI; Canada 'fights' back; Initiative to break CA into three states will qualify for 2018 ballot...
By Brad Friedman on 6/13/2018 6:31pm PT  

It was another wildly busy BradCast today. I know. What else is new? But, with Trump declaring today on Twitter that "There is no longer a Nuclear Threat from North Korea" (Phew! That was easy!) and that "Our Country’s biggest enemy" is the media(!), we had plenty of time to cover a lot of other things, the day after Tuesday's five state primary. [Audio link to show follows below.]

Among those stories...

Maine's Republican Governor Paul LePage, the dumbest in the nation, was accidentally right (sort of) in his poorly stated opposition during yesterday's primaries, to Ranked Choice Voting (or RCV, also sometimes known as Instant Runoff Voting or IRV). On Tuesday, Maine was the first in the nation to use RCV in a statewide election, despite the fact that it's very difficult to count, virtually impossible for the public to oversee, requires central tabulation and computers to pull off, and candidates and voters in many places where it's been tried in the past have found that it's impossible to understand why some candidates won and others lost.

(NOTE: Before you send me your hate mail, progressives and third-party people, please listen to today's show first, and also note that I'm willing to entertain a much simpler method of voting/counting which solves many of problems that folks who support RCV are concerned about. It's called Approval Voting. Basically, that allows voters to vote 'yes' or 'no' for as many candidates as they like. Whoever receives the most 'yes' votes wins. Simple. Overseeable. No computers necessary. And, it helps to avoid the "spoiler effect" that many proponents of RCV hope to solve. Listen to the full show, and then feel free to send your hate mail. UPDATE: Here's one more nightmare scenario for RCV, if you still need one.)

Anyway, LePage has threatened to not certify Tuesday's elections in his state because they are using RCV, which voters adopted in 2016. He's wrong about that and somewhat right about his RCV concerns, but --- because it's LePage --- for all the wrong reasons. I explain in detail on the show.

Speaking of this country's failure to even be able to count 1+1+1 reliably and overseeably in elections (even without adding the complicated algebra of RCV), the state of Nevada took its new, 100% unverifiable touchscreen voting systems out for a test drive across the state in their primary election on Tuesday. It did not go well. At some precincts, some candidates did not appear on some screens. Other precincts reported candidates pre-selected on their touchscreens (possibly left over from a previous voter, whose ballots may not have actually been cast.) And other problems that we describe on today's show.

We also cover some actual election results from Tuesday's primaries in Maine, Virginia, North Dakota, South Carolina and Nevada, as well as special elections in Wisconsin.

In Wisconsin, where Gov. Scott Walker (R) had attempted to prevent two special elections for the state legislature from happening at all --- because he feared the seats would flip from "Red" to "Blue" --- one of those seats in the state Senate did, in fact, flip to the Democrats for the first time in four-decades, in a very Republican district.

In Virginia, GOP voters nominated Corey Stewart, a far rightwing, Trump-endorsed Confederacy defender as their nominee to challenge Sen. Tim Kaine for the U.S. Senate this year. In South Carolina, former Governor, now U.S. Rep. Mark Sanford was turfed out in his primary by another Republican for not being Trumpy enough. And, in D.C., retiring Republican Sen. Bob Corker of Tennessee (correctly) charged that his party has become little more than a Trump "cult".

In Canada, meanwhile, the House of Commons unanimously pushed back on the Trump Administration's weekend attack on Prime Minister Justin Trudeau following the G7 summit, and on the tariffs imposed by Trump on steel and aluminum from our longtime friends and allies to the north. And the next day, in a complete coincidence, Trump's DHS hardened their border policy with Canada to, supposedly, prevent criminals and terrorists from entering the U.S.

Finally today, a ballot initiative that would break California into three states appears to have qualified for this November's ballot! While the measure is currently said to be very unpopular with actual voters in the Golden State, it seems at least as unthinkable that it could pass as that Donald Trump could ever become President of the United States...

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Also: Stolen SCOTUS approves OH's radical vote purge scheme; L.A. County won't rule out hacking in primary election 'print error' that left 118k off Election Day rolls; Callers ring in on all of the above...
By Brad Friedman on 6/11/2018 6:10pm PT  

The crazy train continues. And gets crazier. Among the stories covered on today's BradCast. [Audio link to show follows below.]...

  • The stolen Republican 5 to 4 majority [PDF] on the U.S. Supreme Court on Monday found in favor of Ohio's radical voter purge scheme that begins to remove voters from the rolls for failing to vote in one single federal election, in what voting rights advocates (and the 6th U.S. Circuit Court of Appeals) found to be a direct violation of the National Voter Registration Act. According to a 2016 Reuters analysis, the scheme resulted in 144,000 voters being removed from the rolls in Cleveland, Cincinnati and Columbus alone, and affected voters in Democratic-leaning neighborhoods at roughly twice the rate as in Republican neighborhoods. Other GOP-controlled states are now believed likely to adopt similar voter purge schemes;
  • The Los Angeles County Registrar of Voters says he cannot yet rule out hacking as the cause for 118,000 voters being left off the printed rosters at the polls during last week's midterm primaries in California. Registrar Dean Logan has announced that an independent analyst will be hired to try and determine why it happened and how to prevent an even worse disaster this November;
  • Seemingly bowing to public pressure, The Trump Administration's Housing and Urban Development Secretary Ben Carson has now said he plans to back off his proposed scheme to increase rents by more than 20% per year on more than 8 million low-income Americans --- including millions of children, elderly and the disabled --- who live in federally subsidized housing for the working poor; (Our guest on this topic last week, former Obama HUD official Diane Yentel, warns that pieces of this proposal may find its way into other legislation being moved by Congressional Republicans to gut the social safety net for the poor.);
  • Then, on to the crazy train: Trump arrived late and left early from the Group of Seven (G7) summit with our top allies on Saturday, pulled the U.S. off of the G7's traditional summit-ending communiqué, which he'd previously agreed to, and then turned against mild-mannered Canadian Prime Minister Justin Trudeau for daring to keep his promise to respond (as he'd previously announced) to Trump's trade tariffs imposed on imported steel and aluminum from Canada and other close allies last week. In turn, Larry Kudlow, Trump's top economic adviser, took to the Sunday news shows to describe Canada's response as a "betrayal" and his top trade adviser, Peter Navarro went on to charge there was a "special place in hell for any foreign leader that engages in bad diplomacy with president Donald J. Trump.";
  • All of which served as a precursor for Trump's historic summit set for Tuesday in Singapore with North Korean leader Kim Jong-un. On Monday, Trump announced he planned to leave that summit --- with the potential denuclearization of North Korea and an end to the 70-year old conflict between the North and the South on the table --- early as well. What could possibly go wrong? And how bad does this all get before it gets better?

Callers ring in on all of the above on today's busy BradCast, focusing on the election failure last week in Los Angeles, and how Trump is likely to try and use the results from Singapore, whatever they may be, to his political advantage...accurately, dishonestly, or otherwise...

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News on several massive Election Day failures in L.A. and some more noteworthy results in CA and elsewhere; Also: The continuing jaw-dropping kleptocracy of Trump's shockingly still-employed EPA chief...
By Brad Friedman on 6/7/2018 5:30pm PT  

On today's BradCast: We continue our coverage of fallout following this past Tuesday's midterm primary elections in eight states, as the counting and canvassing moves forward. [Audio link to show follows below]

In California on Wednesday night, Sec. of State Alex Padilla (D) sent a stern letter to Los Angeles County's Registrar Recorder/County Clerk Dean Logan demanding answers and actions following a still-unexplained "printing error" that resulted in the names of more than 118,000 registered voters (including Fonzie!) being left off the printed rosters at more than 1,000 polling places.

Voters found missing from the rolls were to have been given provisional ballots on Tuesday, according to Logan, but there are questions as to whether all of them were. Also, there are concerns about whether those provisional ballots will all, in fact, be counted (or tossed for bad reasons, as some provisional and vote-by-mail ballots are), and if those ballots will be included in the county's 1% post-election manual "spot check", meant to determine whether hand-marked paper ballots were tallied as per voter intent by the county's computer tabulators. A new state law adopted last year exempts both provisional ballots and late vote-by-mail ballots post-marked by Election Day (which may arrive several days after the election and still be included in tallies) from that mandated 1% "random audit". We've got a bit of exclusive news on that front today.

That disaster was not the only problem for voters on Tuesday in L.A., the nation's largest voting jurisdiction. One blind voter reports on her failed attempt to vote on four separate audio voting systems for disabled voters at three separate polling places. All four machines failed to work, echoing a very similar problem that I had while attempting to vote on those very same systems in L.A. ten years ago. In a 2008 primary, 4 out of 12 of my own votes were misprinted by the computer-marked paper ballot audio voting system. (Luckily, I'm not blind, so was able to notice the computer-printed failure before casting the ballot!) Two years later, in 2010, when I tried the system again, it failed to work altogether on two different machines.

Also in CA on Tuesday, voters in a recall election successfully removed a state judge who had issued a controversially lenient sentence to a Stanford University athlete last year following his sexual assault of an unconscious woman. Another recall election, engineered by state Republicans, resulted in the removal of a Democratic state Senator for having voted in favor of a gas tax hike last year. The successful recall strips Dems of their two-thirds super-majority in the state Senate, which is required for the passage of any new state taxes or fees.

In Alabama, the unbalanced Republican Sec. of State John Merrill --- who blocked me on Twitter last December for being correct about the state's computer tabulation systems, before sending a barrage of insanely bizarre emails to me last week --- won his primary for re-election on Tuesday.

And Joseph Siegelman, son of the former Democratic AL Gov. Don Siegelman, (both guests on the show over the years) won his primary for Attorney General in the state. Depending on the results of a primary runoff on the GOP side, Siegelman may be running this November against a former AL Attorney General who was part of the GOP cabal who helped imprison his father on seemingly trumped up bribery charges more than a decade ago. (Tune in for a wild summary of the incredible GOP corruption in that state around all of that, which still echoes throughout state politics today. And, with all of the madness I quickly summarized on the show, I now realize I forgot to mention, incredibly enough, that the George W. Bush-appointed federal judge who convicted and sentenced Gov. Siegelman was later forced to resign after being arrested for beating his wife!)

And, in South Dakota, some remarkable fallout from a Sheriff's race in one county, underscoring, yet again that elections have consequences and that so-called "Right-to-Work" states are anything but.

Then, after a smart observation from longtime BRAD BLOG reader "Dredd", who points out that more Americans appear to have been killed by one climate event --- Hurricane Maria in Puerto Rico --- than in our (so far) 17-year long war in Afghanistan, Desi Doyen joins us for the latest Green News Report. Among other things in today's report, still more outrageous corruption news revealed from EPA Administrator Scott Pruitt. But, we had more on that front than we could fit into our GNR today --- and more that has broken since recording it Wednesday morning --- so we follow up with that additional news about Trump's kleptocratic EPA chief, including a Republican U.S. Senator who has some choice words for the shockingly still-employed Pruitt...

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

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Guest: Jim Dean of DFA is 'celebrating' after contests in 9 states, but wants 'institutional' Dems to let state voters decide elections; Also: More on polling place failures in L.A. and SD; Huge wins for Dems in NM, MO...
By Brad Friedman on 6/6/2018 6:35pm PT  

On today's BradCast: It was a wild ride on Tuesday night and into Wednesday morning, particularly in California, as eight states (CA, AL, IA, MS, MT, NJ, NM and SD) all held their held their mid-term primary elections, along with another special election for MO's state legislature.

Most eyes were on the Golden State Tuesday, as Democrats see as many as seven U.S. House seats currently held by Republicans that they may be able to flip this November. But, thanks to California's "Top Two" or "Jungle Primary" system, where all candidates, from all parties, run in the same primary --- with the top two vote-getters going on to compete in November --- there was a very real chance that Dems could have been shut out of some of those flippable races altogether, due to the sheer number of Democrats on yesterday's ballot. That bullet appears to have been dodged, so far. As of Wednesday afternoon, it appears that Dems will place in the two top in each of those races, though votes are still being tallied across the state, and a number of Election Day concerns have muddied some of the water.

One such concern is the more than 118,000 voters whose names were left off of the printed voter rosters at the polls in Los Angeles County, due to a "printing error". Though voters were all supposed to have been given provisional ballots if their names did not appear, the Lawyer's Committee for Civil Rights Under Law, which leads the national Election Protection coalition, reported in a statement last night that "many were not".

Meanwhile, in the northern part of the state, it was a failure of electronic pollbooks in CA's San Mateo County that forced some voters to cast hand-marked paper provisional ballots (arguably better than the county's 100% unverifiable electronic voting system, however!) And a similar failure of computerized e-pollbooks from a private vendor in eight different South Dakota counties also jeopardized that state's election on Tuesday.

We're joined today by JIM DEAN, longtime chair of Democracy for America (DFA), which has has been fighting to build a broad, progressive grassroots coalition since Dean's brother Howard famously ran for the Democratic Presidential nomination back in 2004. Dean, whose DFA-endorsed candidates won some and lost some on Tuesday, excoriates the national, "institutional" Democratic Party for meddling in state primaries, including in CA, where, he argues, voters, not the party, should be allowed to decide who will run in November.

"If we aren't good enough to expand the electorate in these districts, to have enough support so that one of the Democratic candidates is going to survive this top two 'jungle primary' system --- if we're not good enough to do that, then it doesn't matter whether they engineer a Democratic second place finisher or not," he contends.

He also suggests that this week's primaries in CA, may signal that it's time to end the state's "experiment" with the Top Two system, while otherwise observing that Tuesday, overall, was a very good day for Democrats and progressives alike. Dean tells me he is "celebrating" the "plethora of candidates that are out there running and putting themselves out" in response to the nation's "little Fort Sumter moment in 2016."

We also discuss what effect the 2nd place finish by Republican businessman John Cox to take on Lt. Gov. Gavin Newsom in the Gubernatorial race this November in CA is likely to have on Dems chances of flipping several House seats from "red" to "blue" and how the U.S. Senate contest between two Democrats, Sen. Diane Feinstein and the more progressive (DFA-endorsed) second-place finisher, state Senate President Kevin de León, might effect voter turnout across the state as well.

As to the party's national message, such that there is one to date, Dean believes the candidates who are running this year will force the party in the right direction. "Last year, canvassers were being told not to talk to voters about immigration and gun control," he says. "It's time for us to start standing up. The thing that is so great about these candidates, they're pushing this out. You may not agree with their positions, but they are pushing this stuff out. We are having a lot of progressive positions that do have traction. $15 an hour is another one. Medicare For All. A lot of things are going to come out in the primary process, and we just have to make sure the leadership doesn't buckle that down" as they have in years past.

"I think the candidates are going to change that. I'm confident their aggressive style is going to force the leadership to actually say what they're for, and not say 'you gotta vote for us because the other guy's really bad', which is not a winning message."

There was more good news elsewhere for Democrats and progressives on Tuesday, including in New Mexico where Debra Haaland now appears poised to become the first Native American woman ever in the U.S. House after winning her primary. And progressive grassroots upstart Susan Herrera unseated a long-serving, rightwing corporatist Democrat in the state's House of Representatives, making reform in NM for things like automatic voter registration and gun safety legislation now much more likely. There is no Republican running against her for the seat this fall.

Finally, in Missouri, Democrat Lauren Arthur won a special election for the state Senate, in a district that has been held by Republicans for more than a decade. Her whopping 19-point victory (a nearly 25-point swing since Trump won the district by 5 points in 2016), appears to be freaking out many Republicans in MO and elsewhere, who worry about the potential "blue wave" that Dems hope to see crashing ashore this November...

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

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Guest: Slate legal reporter Mark Joseph Stern on 'having cake and eating it too'; Also: Probs for voters in CA and SD, as eight states hold primaries...
By Brad Friedman on 6/5/2018 6:05pm PT  

On today's BradCast: As voters head to the polls in eight states (CA, AL, IA, MS, MT, NJ, NM and SD) on Tuesday, we cover a few "sorta victories" elsewhere for now, including at the U.S. Supreme Court. [Audio link to show is posted below.]

Reports of problems at the polls have already cropped up, however, in South Dakota, where electronic pollbooks failed in eight counties, and here in Los Angeles, where a "random issue with the print job" on paper rosters at polling places, according to the County Clerk, has led to some voters needing to cast provisional ballots.

As we await election results and likely reports of more problems elsewhere, a "sorta victory" for Twitter users who had sued the President after he blocked them on Twitter. Those seven plaintiffs were finally unblocked by Trump after a federal court found last month that he was violating their Constitutional First Amendment free speech rights. But, on the same day those seven were unblocked, the Dept. of Justice appealed the court's ruling anyway.

In Alabama, another "sorta victory" as the story of Sec. of State John Merrill blocking folks on Twitter for pointing out his errors as the state's top election official, has finally been picked up by the corporate media in the state. That, just hours before voters headed to the polls, with Merrill himself on the ballot. The coverage comes after we first reported on Merrill's behavior months ago (when he blocked me for being right about the state's computerized election tabulators), and again last week after he sent me a flurry of insane emails [PDF] in response to a simple query as to whether he planned to unblock followers now that a federal court has found his behavior to be in violation of the U.S. Constitution. The Montgomery Advertiser's weak coverage, however, largely serves to offer the Sec. of State a platform to call election experts and journalists "trolls" (for being correct and polite), while still refusing to unblock them.

In Arizona, a lawsuit against the state for keeping tens of thousands of registered voters off the rolls for failing to provide "proof of citizenship" before being allowed to vote has now been settled with a consent decree that will enfranchise many voters, even if it will still result in thousands being disallowed from voting in state and local contests. So, a "sorta victory" there as well.

And, at the U.S. Supreme Court this week, a "sorta victory" for both anti-gay bigots and civil rights advocates as the long-awaited ruling in Masterpiece Cakeshop v. CO Civil Rights Commission, a case involving a Colorado baker who refused to make a cake for a same-sex couple's wedding reception is finally decided by a narrow 7 to 2 ruling in favor of the baker...sorta.

Slate legal reporter MARK JOSEPH STERN joins us to explain how Justice Anthony Kennedy, with his majority opinion. tries to "have his cake and eat it too," by largely kicking the can down the road for another day, while ostensibly siding with the baker against the state Commission on rather dubious religious freedom grounds.

The decision, however, also appears to strengthen the existing right of states to bar discrimination by similar businesses on the basis of sexual orientation. So much so, that, under the ruling, the two plaintiffs, according to their ACLU attorney, should be able to walk into Jack Phillip's Masterpiece Cakeshop in Lakewood, CO today and purchase a cake for their wedding anniversary, if they wished. If they are blocked, that would be in violation of the Constitution. Nonetheless, a definitive opinion from SCOTUS on the issue of discrimination on the basis of sexual orientation will have to wait for another day.

"If the Supreme Court applied the same standard to the [Trump] travel ban case as they have applied to Masterpiece, the Court would have no trouble striking down the travel ban as a violation of First Amendment religious freedoms," Stern tells me, when I ask whether Kennedy's weak religious liberty argument here may apply more to some religions than others. "Unfortunately, I do not think the court is going to be consistent. I think, instead, the Court's going to wind up applying a much stricter standard when it's Christians' rights on the line, than when it's Muslims' rights on the line. And we're all going to be very disappointed in this kind of inconsistent religious liberty --- 'for me, but not for thee.'"

Stern offers smart insight on the Court's opinion(s) --- which were widely misreported elsewhere on Monday --- as well as another decision this week from the Court on the Trump Administration's failed attempt to punish the ACLU for supporting a teen immigrant who sought a lawful abortion after being detained at the border. That ruling, at least, was a complete victory, he explains, not just a "sorta" one.

Finally, Desi Doyen joins us for the latest Green News Report, with news on two deadly volcanoes in Guatemala and Hawaii, the Administration's new scheme to bail-out the coal industry, Canada's new scheme to nationalize a controversial pipeline, and more distressing fossil fuel and climate change news...

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

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Alabama's election chief lashes out in advance of midterm primaries, after previously blocking journalists, election law experts on Twitter...
By Brad Friedman on 5/31/2018 6:37pm PT  

On today's BradCast: Just days from Alabama's mid-term primaries next week --- in which Sec. of State John Merrill (R) will be on the ballot himself --- we share a wild, and often inexplicable, string of bizarre emails sent sent to me over the past week by the state's chief election official. [Audio link to show follows below.]

The weird story begins late last year, with the contentious and closely watched December U.S. Senate special election in Alabama between Republican Roy Moore and Democrat Doug Jones. On election night, following the state's computer-tallied results reported a narrow victory for Jones, Merrill inaccurately stated on CNN that "any candidate can ask for a recount and if they pay for it, they can receive a recount."

After UC Irvine's highly-regarded election law expert, Rick Hasen, noted on Twitter that Merrill appeared to be in error, that AL's state election code appeared to allow only candidates in NON-federal races to request and pay for a recount if the margin was larger than 0.5%, Merrill blocked him, rather than correct his own error or cite a different section of the state law to support his assertions. That pattern would be repeated as Merrill blocked other election law experts on Twitter.

Days later, the Secretary of State injected himself into a Twitter exchange I was having with others, to insist, repeatedly and inaccurately that Alabama's computerized paper ballot scanners "do not capture or preserve digital ballot images." In fact, they do, as made clear during a successful state court action just before the election. (My interview at the time with one of the organizers of the lawsuit is here). Merrill, however, was able to have the ruling stayed by the AL Supreme Court the night before the election. (My election day interview, with one of the plaintiff attorneys is here.)

Rather than cite evidence during the, extremely bizarre Twitter conversation [PDF], Merrill ended up blocking me there as well.

All of which brings us to last week, when a federal court in New York determined that public officials --- in that case, the President of the United States --- was in violation of the Constitution's First Amendment for blocking perceived "political opponents" on Twitter. (My interview with one of the plaintiffs in that case is here.)

Before we covered the ruling on a BradCast last week with University of Kentucky College of Law constitutional expert Joshua A. Douglas, who had also been blocked by Merrill (my interview with him on that earlier last year is here), I sought comment from the Secretary as to whether he intended to restore those he'd blocked, given the federal court ruling.

The subsequent string of bizarre emails [PDF] and phone calls I then received from the state's top election official is remarkable, and we share those on today's show, in the interest of Alabama voters who head to the polls next week.

In addition to steadfastly refusing to unblock the election law experts and journalists he's blocked on Twitter, Merrill unleashes a number of unhinged and often inexplicable rants in response to polite queries about both the Twitter blocks and whether Merrill has asked county election officials to set their vote tabulation computers to preserve scanned ballot images in the upcoming primary, in order to make public oversight of results somewhat easier.

At several points, Merrill's Deputy Chief of Staff and Communications Director John Bennett attempted to intercede via both email and phone. As I explain on the show today, the call from Bennett was very pleasant and he seemed to me, in truth, somewhat embarrassed by his boss' behavior. But he promised to get back to me after looking into both the Twitter ruling and the issue of Alabama's ES&S computer tabulation systems capturing digital ballot images. A note he sent shortly thereafter confirmed that they do. (See the PDF linked above for details.)

But, then Merrill blew things up again, with another string of emailed rants. Among the odd attacks from the emails in which the first term Sec. of State describes himself as "a nationally recognized expert in the field of elections", Merrill charges that I have a "problem...bigger than one that I have the ability to solve" (but refuses to specify what that "problem" might be), that I live with my mother (I don't), "has absolutely no idea what [I'm] talking about" (despite some 15 years of covering elections and voting systems as a journalist), and should try to "get a job with an elections program system" so I can "contribute to the discussion as an expert in the field". That's just a taste.

As noted today, I didn't even want to cover this at all, in truth, because it's largely just embarrassing for Merrill. But when I realized he was actually on the ballot next week, it seemed this was information that voters in Alabama deserved to know before making their decision. For the record, Merrill is being challenged in the Republican primary by Michael Johnson. On the Democratic side, two candidates, Heather Milam and Lula Albert-Kaigler. (She ran unsuccessfully against Merrill in 2014, though I can't find an official campaign website for her now.)

Also today: A new book by a longtime senior adviser to President Obama reportedly reveals that he feared sanctions against Russia before the 2016 election might have resulted in hacked computer tabulation systems (despite public assertions by the Administration before and after that Presidential results could not be easily manipulated by foreign attack), and election officials in a number of states are now reportedly very concerned about hacking --- or the perception that results were tampered with --- in advance of the crucial 2018 midterm elections (just as we've been warning, non-stop, for more than a decade.)

Finally, Desi Doyen joins us for the latest Green News Report, as climate change wreaks havoc with a number of deadly storms over the Memorial Day weekend...

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

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