At a moment when, as President Joe Biden has aptly warned, both "democracy" and "freedom" will be on the ballot in November, third-party myopia poses a clear and present danger to survival of constitutional democracy in these United States.

Metaphorically, the word "myopia" refers to "cognitive thinking and decision making that is narrow in scope or lacking in foresight or in concern for wider interests or for longer-term consequences." It is a metaphor that, in this current cycle, can be applied to the Presidential campaigns of Green Party candidate Jill Stein, People's Party candidate Cornell West, and the independent candidacy of Robert F. Kennedy, Jr.

Third-party myopia lies in the near mathematical certainty that none of these three candidates can secure a single electoral vote, let alone the 270 needed to become the next POTUS. It also lies in the failure of progressive third-party candidates to recognize the potential for "blowback" --- for example, the creation of a supermajority of corrupt, democracy-subverting rightwing SCOTUS ideologues as an unintended consequence of past third-party Presidential campaigns. Myopia can also be found in the polemic canard that there's no ideological difference between the two major parties. That thinking is false on countless levels, but especially when it comes to the very core of our democracy: voting rights. On that score alone, the two major parties are polar opposites.

By their very nature, third-party campaigns are divisive --- a truly unfortunate circumstance at this pivotal moment in our nation's history. But if ever there was a time for We the People to unite in our resolve that, in the immortal words of Abraham Lincoln, "government of the people, by the people, for the people, shall not perish from the Earth", it would be on Nov. 5, 2024. Only "transformative solidarity" can save our precious constitutional democracy.

Here's why...

It may be April Fools Day, but its no joke that we are back on today's BradCast after a half-planned, half-doctor-advised Spring Break week off! [Audio link to full show follows this summary.]

Before we left, it seemed like last week might prove to be a slow news week, with Congress on vacation, no primary elections last Tuesday and Trump's New York felony hush-money trial postponed a few weeks until this month.

Boy were we wrong about that. Last week was anything but a slow news week, and we've got the headlines today to prove it! To add some actual context, depth and insight to those headlines --- and to hold my hand after I'd been trying to look away for the past week --- we're joined by two old friends, though only one who you may have heard on this program before.

Our friend known mostly as 'DRIFTGLASS' is back with us again today. He is co-host, along with his wife, of The Professional Left podcast recorded each week from "Flyover Country, Illinois." He is also, today, celebrating his 19th blogiversary at the Driftglass blog, so we're honored he agreed to spend it with us!

And, as if that's not swell enough, his Pro Left Pod co-hosting wife, FRANCES LANGUM, who is also a longtime Associate Editor over at the Crooks & Liars blog, joins us as well today for a romping, rollicking, breathless review of much that we missed last week and why most of it still matters this week!

Among the huge number of topics from last week covered on today's program...

• Rep. Marjorie Taylor Greene (R-GA)'s vow to call for removing House Speaker Mike Johnson for his daring to work with Democrats to keep the government from shutting down by passing a long-delayed 2024 spending bill just over a week ago.

• The failed attempted conspiracy theories forwarded by Russia and its supporters following the horrific massacre by ISIS-K at a concert venue in Moscow a week ago Sunday.

• Donald Trump's failure to cough up a $454 million bond during the appeal of his New York civil fraud case and the various lifelines thrown to him (for now) by the Appeals Court in NY.

• Trump's scammy, just-in-time merger of his failing social media site with a public company that could result in billions of dollars --- including "straight-up bribery" as Driftglass describes it --- for the disgraced former President.

• Trump's New York criminal trial on 34 felony charges related to hush-money payments to porn-star Stormy Daniels to help him win the 2016 Presidential election is now set to begin on April 15. And, as Fran believes, Trump "will do anything to make the evidence that's going to appear in this case not come to trial." Including, she argues, even if he must "spend two or three nights in jail, violating the gag orders, in order to make this case not happen."

• What the Biden Administration's decision last week to abstain from a U.N. Security Council resolution demanding a ceasefire in Gaza may mean for Israel and for some on the Left in the U.S. And why, if you don't like what Israel is doing, Fran advises: "Don't elect Bibi Netanyahu President of the United States --- which is what Trump is."

• Why NBC News' ill-considered hiring and then firing of former RNC Chair and attempted election thief Ronna Romney McDaniel matters.

• What Arizona's failed 2022 Republican Gubernatorial candidate and election liar turned 2024 Senate candidate Kari Lake's decision not to contest the claims in an election fraud defamation lawsuit filed against her by Maricopa County's Republican County Recorder (and chief election official) Stephen Richer means and how Lake is hoping to be saved --- somehow --- by a victorious Trump this year. (We wish her the best of luck with that.)

• The remarkable, 25-point Special Election victory last week by Democrat Marilyn Lands in Alabama who focused her campaign on reproductive rights and subsequently flipped a state legislative seat from "red" to "blue" after losing her race for that same seat by 7 points in the 2022 general election. What will a post-Dobbs, post-IVF general election look like in supposedly "deep red" AL and elsewhere this November?

• The desperate-for-quick-cash former President and huckster-in-chief is now selling bibles for $59.99 a piece. Though, to be fair, this version also includes the U.S. Constitution. Has Donald Trump ever read either of them? Says Driftglass today: "Good thing he did this to raise money to pay for the court costs of paying off a [porn star] that he was sleeping with while his wife was nursing their child. So the circle of absolute blasphemy is now complete."

• Joe Lieberman died last week.

• Independent 2024 Presidential candidate Robert F. Kennedy, Jr., currently on the ballot in 8 states, thrilled dozens with his announcement of his running mate last week, the former wife of one of Google's founders, Nicole Shanahan. Or, as Driftglass describes her, "a big bag of money who is as crazy as he is".

That's just some of the firehose of news from both last week and this that we cover in today's very lively BradCast...

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On today's BradCast: As of this week, if it wasn't clear before (and, obviously, for many, it was not) it is now clearer than ever that the U.S., its corporate media, the Republican Party, its front-runner for the 2024 Presidential nomination (and, sadly, even too many on the "left"), have all fallen prey --- knowingly or unknowingly (it doesn't really matter) --- to a wildly successful, decade-long Russian intel op. [Audio link to full show is posted below this summary.]

From the Hillary emails in 2016 to the Hunter Biden laptop in 2020 to the Biden Burisma "bribery" allegations that fell apart so spectacularly this week with the arrest of the man who House GOPers cited as the lynch-pin for their entire Revenge Impeachment case against President Biden, it turns out it was all part of a wildly successful foreign campaign to divide and threaten American political system.

Turns out Alexander Smirnov, that guy with the false Burisma claims about the Bidens, apparently got it all from Russian intel operatives who have, for the past ten years, been pushing all of these phony narratives straight out from the Kremlin through various useful idiots, onto the set of Fox "News" and the rest of the rightwing media, into the mouth of the disgraced former President, and straight through to the hearing rooms of the U.S. Congress where it was shared --- either knowing or unknowingly (it doesn't really matter) --- by GOP dupes.

It's quite an extraordinary success story, in truth. For Vladimir Putin. And a shameful failure of our corporate mainstream media to even notice much of it happening in real time. They also played the role of useful idiots when it counted the most over much of the past decade and right on up until today.

Josh Marshall described it as "A Bigger Story Than You Can Possibly Imagine" this week, and I believe he is correct. Much more on all of that --- and Putin's deadly rise --- on today's program.

ALSO TODAY...

• MyPillow CEO Mike Lindell is not only an election denier and grifter. He also won't pay off a bet. In 2021, Lindell claimed to have obtained "irrefutable" evidence that the 2020 election was stolen from Donald Trump by China over the Internet. His evidence was Internet data packets that he claims to have obtained from a "whistleblower". He offered $5 million to anyone who could prove the data wasn't from the election. A two-time Trump voter did so in 2022. The data, he proved, was nothing but junk. But Mike wouldn't pay up the $5 million he offered via his "Prove Mike Wrong" challenge. A private arbitration panel agreed the man was owed the money. Cheap chiseler Mike still wouldn't pay. This week, a federal judge ordered him to do so.

• Corporate media spend a lot of time focusing on Joe Biden's bad polling numbers against Donald Trump. This week, a new survey by Quinnipiac University, a major pollster, found Biden beating Trump among registered voters nationally by 4 points. So Politico covered the new survey with this headline: "Poll: Nearly 70 percent of voters say Biden is too old to serve again".

• Is it any wonder so many on the left are still under the misguided impression that someone, anyone, who knows who?, but certainly someone, should replace Joe Biden on the 2024 ballot! Because that unidentified someone would certainly have a better chance of defeating Donald Trump this year! Well, even if there was evidence of Biden not running this year (there isn't), recent polling doesn't even back up the assertion that other Dems would do better against Trump than Biden would. But, hey, if you've got a realistic scenario to replace Joe Biden that won't result in a second Trump Presidency, please feel free to email me! I'd love to hear it and maybe even share it with listeners!

• Finally, Desi Doyen joins us for our latest Green News Report, as SCOTUS seems set to gut yet another landmark environmental protection; A bizarre winter heat wave slams Japan; and the Biden Administration continues moving forward with its historic effort to replace all of the nation's toxic lead water pipes...

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We dumped a big planned portion of today's BradCast to open phone lines to listeners, in hopes of taking their end of year temperature before next year's Presidential election year begins in earnest. [Audio link to full show follows below this summary.]

Specifically, I wanted to hear from voters who claim to have supported Joe Biden in 2020, but are now planning to...do something else in 2024. Why would they want to do that with so much --- including American democracy itself --- on the line next year? They call in to explain. Lively conversations ensue.

Also today, before we took our right turn toward callers: Donald Trump is getting more and more dictator-y with each new rally and social media post of late. Over the weekend, in Nevada and New Hampshire, it was in regard to immigration (and his increasing love for fellow dictator, Vladimir Putin).

On Friday, a D.C federal jury awarded Georgia election workers Ruby Freeman and her daughter Shaye Moss $148 million dollars in their civil defamation lawsuit against the racist Rudy Giuliani, who lied about the women falsifying 2020 election results in Atlanta and turning their lives upside down ever since in the bargain. The judgment was $100 million more than they'd even asked for. And, on Monday, the pair filed yet another suit against Giuliani following new defamatory remarks he made outside the federal courthouse after the first day of his trial last week.

But ya know who was arguably the most terrified by the verdict in Rudy's case? One Donald J. Trump, who is both facing a huge multi-million dollar judgement in his own civil trial in New York State for years of fraud, even as he is facing a federal criminal trial, scheduled to begin in just over two months time, for crimes related to his attempt to steal the 2020 election. That trial will have a jury pulled from the very same D.C. federal jury pool that just awarded Freeman and Moss $100 million more than they even asked for.

Buckle up....

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We begin again on today's BradCast with the latest developments in what AP is now calling the latest Israel-Palestinian war, before catching up with a number of political and climate related issues here at home. [Audio link to full show follows below this summary.]

ISRAEL v. HAMAS:

• On Monday, the leaders of France, Germany, Italy, the U.K., and the U.S. issued an unusual joint statement condemning the "terrorist actions of Hamas" over the weekend, declaring "steadfast and united support to the State of Israel" and recognizing "the legitimate aspirations of the Palestinian people".

• Today, an at-times visibly angry President Biden expressed similar sentiments, decried the weekend’s "atrocity on a appalling scale"; warned against adversaries both at home and abroad who might be tempted to take advantage of the situation for political violence; vowed to help secure the release of American hostages around the world; declared this "a moment for the United States to come together, to grieve with those who are mourning"; promised to uphold the "laws of war", and reiterated that the U.S. "stands with Israel" while condemning the "indiscriminate evil" of the weekend’s attack. He also confirmed that 14 Americans are now confirmed to have been killed as a result of Saturday's surprise assault by Hamas.

• Beyond that, we cover the latest, including escalating death tolls, with at least 1,000 dead in Israel, and at least 800 dead in Gaza, as Israel continues its fourth day of pounding neighborhood after neighborhood in the Gaza Strip with air strikes. More than 200,000 Palestinians have reportedly fled their homes for U.N. shelters, as deliveries of food, fuel, water, electricity, medicine and other supplies to Gaza have been cut off by Israel, as hospitals are said to be running out of supplies, surgical equipment and antibiotics.

• Back home in Congress, the U.S. House remains crippled thanks to Republicans having removed their own House Speaker last week. Given our recent history and the current situation in the Middle East, that might not actually be a terrible thing.

2004 MISCELLANY:

• On Friday, the Wisconsin Supreme Court, after a 4 to 3 vote, scheduled a hearing next week on a voter petition to draw fair legislative maps for the state Senate and Assembly, for the first time in more than a decade. Justice Janet Protasiewicz, whose recent election gave liberals a majority on the High Court for the first time in 15 years, has decided to not recuse herself from the case, even as GOP Assembly Speaker Robin Vos' threat to impeach her if she did so has shown no sign of materializing yet.

• Out here in California, 74-year old former L.A. Dodgers All-Star Steve Garvey announced today that he will be running as a Republican next year to fill the seat held by Dianne Feinstein, who recently passed away. He will be vying for one of the two spots up for grabs in next year's March Primary, in hopes of going on to compete in the November general election. He will have to face off with at least three Democratic all-stars hoping to become the state's new Senator, including Congressmembers Barbara Lee, Katie Porter and Adam Schiff --- and potentially against Laphonza Butler should she decide to run, after having been tapped by Gov. Gavin Newsom to fill the rest of Feinstein's term.

• Robert F. Kennedy, Jr., with much support from Republicans, announced on Monday that he plans to drop out of his Democratic primary bid and run for President as an independent next year. In theory, he will join Cornel West who plans to do the same after leaving the Green Party, and a potential candidate put up for 2024 by the right-leaning "centrist" group calling itself No Labels.

LATE-BREAKING AND FINALLY:

• Republican Rep. George Santos (NY), already facing 13 federal campaign finance-related charges, now faces an additional 10 related to identify theft for stealing donor credit cards to make unauthorized charges.

• Hurricane Lidia spun up quickly before airtime to become a major Category 3 storm as it headed toward landfall on Mexico's Pacific coast near Puerto Vallarta. (Since we've gotten off air, Lidia has spun up even more, making landfall as a Cat 4 with 140 mph winds!) It is the second tropical storm to slam the Pacific coast in two days, following landfall by Max on Monday.

• Desi Doyen joins us for our latest Green News Report, with good news for both striking auto workers and Electric Vehicles, and bad news for India, the children of the world, and your olive oil...

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If there is anyone more uniquely qualified than to discuss to discuss several issues of note on today's BradCast, I don't know who it could possibly be.

But FIRST UP, President Biden released a video today titled "Freedom", officially declaring his intention to run for a second term in 2024. The announcement comes four years to the day after releasing his video declaring his successful 2020 run. He faces long-shot Democratic primary challenges, so far, from vaccine opponent Robert F. Kennedy Jr., and self-help author/spiritual guru Marianne Williamson, who also ran in 2020 but dropped out before primary voting began.

We share Biden's video today and discuss the challenges he will be facing, which mostly include his age and health, according to many Democratic and other voters who say they'd prefer someone younger. Recent polling, however, shows that most of those voters will likely support Biden if he becomes the party's nominee.

The RNC and their most likely (for now) 2024 GOP nominee, Donald Trump, responded somewhat predictably with apocalyptic statements and AI video renderings of a dystopian nation wracked by disaster under a second Biden term, ironically describing Biden, ironically enough. as "out-of-touch". The disgraced former President, as recent polling reveals, will likely be the easiest nominee for Biden to defeat.

NEXT UP, since it's a day that ends in "y", we have yet another revelation of corruption by Clarence Thomas, almost certainly the most corrupt Supreme Court Justice in U.S. history. Bloomberg News and CNN report today that, despite previous claims to the contrary by both men, Thomas did, in fact, sit on a case at the high court in which Harlan Crow --- billionaire GOP megadonor and longtime giver of lavish worldwide travel and luxury vacations that went unlawfully undisclosed for decades by Thomas --- had business before SCOTUS in the 2000's. Thomas failed to recuse himself from the case involving the company of his "personal friend".

We're joined today to discuss the seemingly endless decades of both unethical and unlawful corruption by Thomas (and his corrupt, far-right activist wife Ginni), by LISA GRAVES. She previously served as Deputy Asst. Attorney General at the U.S. Justice Department, Chief Counsel for nominations in the US Senate, and as a Deputy Chief of the Article III Judges Division for the U.S. court system. Graves is now a muckraking political researcher and founder of Truth North Research. She has been exposing massive corruption of our electoral system by folks like Thomas, Crow, the Koch Brothers, wealthy rightwing federal court operative Leonard Leo and many others for years.

That means we've got a lot to discuss with Graves today, including Thomas' long history of corruption and failure to disclose stuff like his wife's annual salary for about twenty years from the rightwing Heritage Foundation back in 2011, and the undisclosed sponsorship of Leo and the group Citizens United that helped him win his controversial nomination to SCOTUS back in 1991. (That was well before Thomas failed to recuse himself from the infamous 2010 Citizens United case.)

"This new revelation is really important because it does show that there were cases, at least one case [at the Supreme Court] that directly affected Harlan Crow's company," Graves explains today. "But I think that's just the tip of the iceberg. Because the reality is that you have a number of instances that have been documented by the press where Clarence Thomas has failed to disclose to the American people his financial ties to Harlan Crow, who also has ties to Leonard Leo, who has been the architect of moving the Court to the far right. Including the fact that Leo cut his teeth trying to get Clarence Thomas confirmed in the first place. So these are deep and long relationships."

It's not only Thomas on the High Court who has recently been revealed as playing fast and loose with ethics rules and laws. Today, Politico reports that Justice Neil Gorsuch sold a nearly 3,000-square foot log home and a 40-acre tract of land in Colorado for nearly $2 million to the top executive of one of the nation's largest law firms just days after being nominated by Trump to SCOTUS in 2017. While Gorsuch disclosed the property sale, he failed to identify the purchaser on his disclosure forms, leaving that box blank. Since then, the firm has been involved in at least 22 cases before the Court.

And it's not only corrupt Republican appointees to the High Court. CNN recently unearthed interviews by a Christian talk radio outlet with far-right U.S. District Court Judge Matthew Kacsmaryk, the corrupt judge who banned the popular abortion pill, mifepristone, earlier this month. During the interviews he describes his opinion that being gay is "a lifestyle" and criticizes both "no-fault divorce" and "permissive policies on contraception." He failed to disclose those interviews during his 2017 confirmation process.

Perhaps more disturbingly, Washington Post recently reported what would appear to be out and out fraud by the controversial judge. He not only failed to disclose a law review article he authored, in which he criticized President Obama's protections of transgender people and those seeking abortions, but, after being nominated by Trump, he instructed the journal to remove his name as author and substitute the names of two junior colleagues at his activist law firm who appear to have had nothing to do with the article.

Graves charges Kacsmaryk should be held to account by the DoJ for possible prosecution under Section 1001 of Title 18 of the US Code, which deals with giving materially false statements to Congress. "You have someone who affirmatively, deceptively, actively, willfully hid from the Senate that he wrote this article. He did so purposely. He did so knowing he was about to be nominated for this position. He affirmatively deceived Congress," she tells me.

"Kacsmaryk deceived Congress in his quest to become a judge, and then he had no restraint on his efforts to impose those various same types of personal anti-abortion views in a case where he has now injected himself in overturning nearly a quarter century of law in defiance of long-standing Supreme Court precedence."

Given the massive corruption of both the federal bench and Republicans in Congress, what, if anything can be done about any of it? We discuss what can and should be done by Congress, by the U.S. Judicial Conference which oversees operations of the federal courts, and by the U.S. Department of Justice, all of whom Graves has worked with in various capacities over the years...

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The Politicus USA headline typified MSM coverage of what Brad Friedman often refers to as the "horse race" --- "Democrats Surge As Michelle Nunn Leads Georgia Senate Race In Third Straight Poll."

For The BRAD BLOG, and for a good many election integrity advocates and computer scientists, that narrow focus ignores "the track conditions," which, in Georgia entails the continued use of touchscreen voting systems courtesy of a 2009 determination by the Georgia Supreme Court that "unverifiable elections are just fine."

Where horse race coverage focuses exclusively on the here and now, this site feels it helpful to look back a dozen years to what took place in Georgia shortly after Democratic Secretary of State Cathy Cox signed a May 2002 contract with what was then known as Diebold Election Systems Inc....

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IN TODAY'S RADIO REPORT: It's official: record flooding on the Missouri River, record snowpack & record drought mean another record-breaking Spring in the US; Record drought in Europe too, bringing crop failure and blackouts this summer; Obama Administration boosts funding for the smart grid; PLUS: It's that time again: Get ready for a year and a half of Republican presidential campaigning ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): 'Liquid battery" breakthrough?; Where's that green jobs revolution Obama promised?; Obama Pushes for More Cleantech, Green Jobs; Planet Earth Doesn't Know How To Make It Any Clearer It Wants Everyone To Leave; Oil to spike again before new recession; Japanese unite against nuclear power; NM Abandons Efforts to Restore Mexican Gray Wolves; New breed of wheat 'near immune' to devastating plague; Appeals Court Rules for Massey Over U.S; In Koch Country, KS gov begs federal government for climate disaster relief; High levels of Strontium Found at Fukushima Plant; EPA Delays Rule on Power Plant Emissions; New Rules For Offshore Fish Farms; 150 Chemicals No Longer Icognito; 2 Common Materials Pose Risk of Cancer; GAO finds most plants lack emissions controls; Do You Live Near One of the Top 25 Dirtiest Coal Plants?; Mining Company to Pay $263 Million settlement; Do we have a moral obligation to stop screwing up the planet? ... PLUS: "Humans ‘blissfully unaware’ of coming climate crisis"...

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IN TODAY'S RADIO REPORT: Happy birthday, EPA! Now die! (Same to you, FDA!); Huge food safety overhaul passes in the Senate (maybe); Updates from the international climate summit in Cancun ...PLUS: USA's 'Sputnik Moment' --- Losing the race for clean energy ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Oil spill panel chief 'mystified' by GOP block on subpoena power, mulls broader drilling regulations; US lab develops grid controls to handle renewable energy; Leaking Siberian ice raises a tricky climate issue; Homeland Security panel on at-risk chemical plants stacked with insiders; Divers find more oil on Gulf sea floor; U.S. Rescinds Expansion of Offshore Drilling; Coal: EPA withholds study on Spruce Mine alternatives; Appeals court halts U.S.-sanctioned killing of sea lions ... PLUS: Breaking away from coal: Utilities increasingly turn to natural gas, away from coal ...

The story for which The BRAD BLOG was awarded a 2010 Project Censored award for "Excellence in Investigative Journalism" is "censored" no more. From the February 2010 issue of Maxim hitting mag racks this week...

On this coming weekend's Ring of Fire on Air America Radio, attorney/co-host Mike Papantonio can't stop laughing as he reads our headline from last week: "Georgia Supreme Court Rules Unauditable, Unverifiable Elections Are Just Fine".

Though they give me the credit, it was Rady Ananda's story here last week which expertly covered Diebold's wholly unverifiable touch-screen voting machines receiving the thumbs up for use across the entire state of Georgia, where they've been using them since 2002. That, even though there is no way to determine that any vote ever cast on any of them has ever been recorded accurately as per any voter's intent.

Once Pap stops laughing at our headline, he and David Bender discuss the article noting its even more terrifying "subtext", our previous coverage of the horrifying ES&S takeover over of Diebold's election division.

"Bad as Diebold was, it's now gonna be ES&S, their largest competitor ... ES&S may be the single voting machine company --- this one Goliath that will be unaccountable, unauditable to anybody --- and that's really where we're headed," Bender accurately warns. He advises folks to call Congress at 202-224-3121 in support of Sen. Chuck Schumer's demand for a DoJ antitrust investigation on this matter. We'll also point you to BlackBoxVoting.org who instructs how you can send your own antitrust complaint to the DoJ.

Finally, after Pap details ES&S' legendarily monumental "screw-ups" over the years (his firm was one of those who took on the state of Florida and ES&S after their voting machines simply lost 18,000 votes cast in the 2006 FL-13 U.S. House race, decided for the Republican candidate by just 369 votes), they go on to say some extraordinarily kind things about our work here at The BRAD BLOG.

My thanks to both Pap and David along with the swell Ring Of Fire producers for tipping us off with the exclusive heads-up in advance of this weekend's show --- both for their coverage of this issue, and for those exceptionally kind accolades.

Here's the 4.5 minute conversation [MP3] to air this weekend:

Guest blogged by DES

This week, Broward County, Florida, Elections Supervisor Brenda Snipes said, with a straight face, "No one could have anticipated that this election would be so historic and draw as much attention as it has," and defended her choice to oppose expanding early voting hours next week due to "logistical problems."

In addition to the problems in Florida, there are now reports that longtime GOP "voter fraud" hoaxster Pat Rogers (also known for his involvement in the U.S., Attorney Purge Scandal for the bogus "voter fraud" allegations he filed in 2004, and as a board member of the now-defunct and fully-debunked GOP astro-turf group, "American Center for Voting Rights," or ACVR), is apparently using private investigators to intimidate voters in New Mexico.

Details on those stories and many more --- pre-election litigation over polling place photo I.D. restrictions in Georgia and Ohio, absentee military ballots in Virginia, GOP efforts to close early voting polling places in Indiana, GOP calls for the Dept. of Justice to investigate ACORN just days before a federal election --- from across the country, all follow in the detailed round-up below...

Reported by Brad Friedman, from the road...

The whistleblower lawsuit against voting machine company Hart InterCivic, as filed in federal court on behalf of former employee William Singer, has been withdrawn following a decision by the Supreme Court that makes pursuing the case nearly impossible, according to the law firm who originally filed the complaint.

The suit had been sealed for nearly two years as the Dept. of Justice asked for extension after extension during their decision on whether or not to join the case. Earlier this year, they ultimately decided not to join the case, as we reported last March, leaving the firm of Levin Papantonio Thomas Mitchell Echsner & Proctor, P.A to proceed on their own. The DoJ declines to join some 76% of such cases.

In the interim, while waiting for the DoJ, the case of Rockwell Intl Corp. v. U.S. [PDF] came before the U.S. Supreme Court, and the findings in that decision, as attorney Mike Papantonio told The BRAD BLOG, has "made it next to impossible to proceed with any and all federal whistleblower (qui tam) cases."

The decision found that Rockwell was required to pay millions of dollars under the federal False Claims Act to the federal government, but that the relator of the case --- the insider who blew the whistle --- was not entitled to any of that money, nor even for the millions of dollars accrued in legal costs since the amended complaint, filed with the Justice Dept., included information about which the relator did not have direct inside knowledge.

The SCOTUS finding, as expressed for the majority by Justice Antonin Scalia, may well hamstring future whistleblower cases in federal courts, according to legal experts.

"I used to think qui tam was the way to go," Papantonio told me as his firm was weighing their decision on how to proceed after the case was finally unsealed, "but now I just don't know anymore."

Papantonio's Florida law firm has used the qui tam laws successfully in the past, and has taken on giants such as the Tobacco Industry. After he and his radio partner Robert F. Kennedy Jr. had learned about Singer's case from The BRAD BLOG --- we originally reported Singer's extraordinary saga back in early 2006 --- they decided to launch the federal fraud suit on his behalf later that year.

(I was interviewed about the withdrawal of the federal case by Mike Papantonio for this weekend's Ring of Fire radio program, which he co-hosts with Robert F. Kennedy, Jr.. A video version of the interview is also posted on their GoLeft.TV site. Both versions are now posted in full at the end of this article.)

Though the attorneys working on the case have gone out of their way to express their faith in both Singer and his remarkable complaint --- detailing more than 40 federal fraud allegations, and accusing Hart of doctoring voting machines, covering up system failures, including the loss and miscounting of votes, and other malfeasance, in order to attain contracts and payment under the Help America Vote Act (HAVA) of 2002 --- the chance that millions of dollars spent pursuing the case might be unrecoverable at the end of the process, even if successful, in light of the Rockwell decision, forced them to withdraw the complaint from federal court...

Sitting in this week for Robert F. Kennedy, Jr, David Bender joins Ring of Fire co-host/attorney Mike Papantonio to discuss, in the first five minutes of the show, the finally-unsealed qui tam fraud suit brought by Pap and RFK Jr's law firms against voting machine company Hart InterCivic, on behalf of former employee/computer technician turned whistleblower William Singer.

In the following clip, which will air this weekend on Air America's Ring of Fire program, both Bender and Pap offer exceedingly kind words for The BRAD BLOG and yours truly. (Thank you kindly, gents.)

We had originally broken Singer's remarkable story back in 2006. Our conversations shortly thereafter with Kennedy, and then with Papantonio's lawfirm, led to the filing of the suit, alleging a host of improprieties and criminally fraudulent behavior by the voting machine company as they dummied up voting machines during sales presentations, and concealed known failures, such as the possibilities of lost and miscounted votes, in their systems.

Pap also notes, during discussion of the case, that the nearly-two years it had to stay sealed by law --- while the DoJ ate up time in deciding whether or not to join the case --- is unusual in and of itself. Normally, in such qui tam cases, the DoJ is given just 60 days to decide whether or not to join with the whistleblower on behalf of the United States. Pap also goes on to note what may, or may not, be a coincidence: the US Attorney in CO, where the suit was filed, was removed shortly after this case was brought in his district, but before the decision was ultimately made by the DoJ not to join the suit...For now...

UPDATE: Here is an audio version of the first five minutes of the show, for those who had problems using the video player above...

"The most serious thing any software company can do is not fully test its products," William Singer told The BRAD BLOG this afternoon about the federal fraud case he filed nearly two years ago, which has finally been unsealed by a judge as of today.

"To release a product for important purposes that has not been tested at all is quite shocking, I would say. Especially since it indicates that nobody can predict what, when, or how it might fail," Singer explained about the e-voting systems made by Hart InterCivic, for which he worked as a technician several years ago. "It would make a mockery of any certification."

Despite having some direct involvement in the case from the beginning, The BRAD BLOG has been unable to report any details on it for going on two years --- we haven't even been able to offer the names of the plaintiff or defendant in the case --- since originally reporting that it had been filed in federal court, due to the fact that it was under seal, waiting for the U.S. Attorney General to decide whether the DoJ would join the suit or not.

Singer's suit is the fraud case which originally made waves when it was first filed two years ago, with the aid of Robert F. Kennedy, Jr., and Florida attorney Mike Papantonio, until it then went "underground" due to the legally mandated seal disallowing the plaintiff and his attorneys from offering any specific details to the public.

As AP reported today, the seal on that federal qui tam (fraud, false claims) complaint, brought on behalf of the United States by Singer against Hart, one of the big four American voting machines companies, has now been lifted, and the case may finally proceed as originally filed.

The BRAD BLOG has obtained the complete complaint and the judge's order lifting the seal...

• The full complaint may be downloaded here [PDF, 45 pages].
• The judge's order unsealing the case as of last night is here [PDF, 2 pages]

The second page of the complaint, which we are still plowing through, sets the initial grounding for the case...