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Latest Featured Reports | Tuesday, August 21, 2018
The Attempted 2018 Voter Suppression Begins:
'BradCast' 8/20/18
And other news, both good and bad, around the country and world, 78 days out from the midterm elections...
Sunday Dog Eat Dog Toons
Another week, another toon collection from 'PDiddie', as the bad guys turn on themselves and the still-free press strikes back...
The Daily Sociopath Report: 'BradCast' 8/17/18
Guest-Host Angie Coiro with 'Gaius Publius' (Thomas Neuburger); Also: Keeping the arts alive in the era of Trump, w/ David Gans, Meredith Hagedorn, Ronit Widmann-Levy...
So, Who's 'The Enemy of
the People' Again?:
'BradCast' 8/16/18
Newspapers push back as GOPers agree with Trump's Nixonian attacks on media; Trade war leads to U.S. factory closures; Trump's $92M parade; Zinke's lie; Pruitt's desk; RIP Aretha...
'Green News Report' 8/16/18
  w/ Brad & Desi
British Columbia on fire; Monsanto slammed by RoundUp judgment; 11 months later, power back on in P.R.; PLUS: Despite earlier denials, Interior Dept. plans to sell off public lands...
Previous GNRs: 8/14/18 - 8/9/18 - Archives...
CT, VT, MN, WI Primaries: Landmark Wins, Battles Ahead: 'BradCast' 8/15/18
Guest: John Nichols; Also: Surprise concession in KS GOP Guv primary; CO's anti-gay cake baker is back in court...
Why GOP Sees Trump/Russia as Whitewater More Than Watergate: 'BradCast' 8/14/18
Guest: Salon's Heather Digby Parton; Also: KS GOP Guv update; MO Repubs elect a Nazi; Zinke calls environmentalists 'terrorists'...
'Green News Report' 8/14/18
Admin using CA fires to undermine endangered species, push for logging; Amid record heat, Glacier Nat'l Park on fire; PLUS: Court orders EPA to ban dangerous pesticide...
Chinese Song Found on US Voting System, 11-Year Old Hacks Mock SoS Website: 'BradCast' 8/13/2018
And more news from DEF CON Vote Hacking Village. Guest: Documentarian Lulu Friesdat...
Federal Court Expedites Motion to Compel Use of Paper Ballots in GA Midterms
Citing 'gravity and importance' of right to accurate counts, court orders parties focus on 'practical realities' of converting to hand-marked paper ballots within 3 months...
Sunday 'To Insanity and Beyond' Toons
PDiddie continues his years-long mission exploring our strange new world via political cartoons, as we all go where no Americans have gone before...
The Real Story Behind Trump's Bizarre CA Wildfire Tweets: 'BradCast' 8/10/18
Guest: Michael Hiltzik of L.A. Times; Also: KS GOP Guv fight worsens; Good news for NC voters; Bad news for Monsanto; Trump 'Making Asbestos Great Again'...
'Green News Report' 8/9/18
Trump bringing asbestos back!; CA pushes back at EPA on emission standards, as state shatters record for hottest rainfall; PLUS: Surviving 'Hothouse Earth'...
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...


Recognizing the 'gravity and importance' of right to an accurate count, court directs parties in lawsuit to focus on 'practical realities' of converting to hand-marked paper ballot system within 3 months...
By Ernest A. Canning on 8/13/2018 10:46am PT  

Plaintiffs in a Georgia lawsuit seeking to force the state to move to a hand-marked paper ballot system in time for this year's midterm elections, promise to produce expert testimony to the court, demonstrating that "Georgia's voting system is a catastrophically open invitation to malicious actors intent on disrupting our democracy."

The Coalition for Good Governance and a group of multi-partisan individual plaintiffs filed a motion [PDF] on July 31, seeking a preliminary injunction in the federal case, to prevent Georgia from conducting this year's midterms on the state's notorious Diebold AccuVote TS (touchscreen) Direct Recording Electronic (DRE) voting machines. Instead, plaintiffs seek an order that Georgia's election officials utilize, for in-person voting, the same already-certified, Diebold paper ballot-based optical-scan system currently used for tabulation of the Peach State's absentee ballots.

Last week, U.S. District Court Judge Amy Totenberg ordered an expedited briefing schedule on plaintiffs' motion to compel the State of Georgia to adopt this simple method for conducting a verifiable paper ballot election on November 6, 2018.

The plaintiffs cite a massive body of scientific evidence finding the 100% unverifiable Diebold touchscreen systems as essentially electronic black holes, prone to unintended systemic failures and vulnerable to all manner of undetectable malicious manipulation by insiders or anyone else who acquires minimal access to the system or any of its machines. They also point to evidence that the statewide system was previously compromised via the Internet. Plaintiffs argue the 16-year old system deprives the electorate of their constitutional right not only to cast a vote but to have their vote accurately counted.

Recognizing "the gravity and importance of the constitutional issues," the court directed the parties (principally GA Secretary of State Brian Kemp, the state's GOP nominee for governor), as well as the plaintiffs to address "the practical realities surrounding implementation of the requested relief in the next one to three months." Judge Totenberg asks defendants to address the "practical realities" issue in a response by August 14. Plaintiffs' reply is then due by August 20.

The question before the court is monumental and could help set a precedent across the country in other jurisdictions where voters are forced to use unverifiable touchscreens on Election Day, rather than a paper ballot system that is already available via the absentee systems used in all 50 states.

As we documented last year, in "Why Do Georgia Election Officials Insist on 100% Unverifiable Elections?", if the court issues the preliminary injunction, November 6, 2018 would mark the first time in more than a decade and a half that the State of Georgia will have held an election in which it will be possible for human beings to verify or refute the accuracy of an electronic vote tally, thanks to the use of hand-marked paper ballots...

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




Guest: Marilyn Marks of Coalition for Good Governance; Also: Trump, Giuliani 'obliterate' the 'collusion' goalposts as Manafort goes on trial...
By Brad Friedman on 7/31/2018 6:59pm PT  

On today's BradCast: Desi and I are back today. (Our thanks to Angie Coiro of In Deep Radio for filling in over the last couple of shows!) And we've got a lot to catch up on today --- including the fact that the crucial midterm elections are now less than 100 days away, and the paper ballots and other materials from the 2016 Presidential election may be destroyed entirely in just over one month, with nobody, to this day, actually knowing for certain who actually won it. [Audio link to show follows below.]

But, first up today, for some reason Donald Trump's lousy personal attorney, Rudy Giuliani, has spent the last few days seemingly making things much worse for his client. Most notably, in addition to suggesting that Trump may have known in advance about the infamous June 2016 Trump Tower meeting between his son, son-in-law, campaign chair Paul Manafort and a team of Russians promising "dirt" on Hillary Clinton, both Giuliani and Trump have now extended their ubiquitous claims of "no collusion" to become "no collusion, but even if there was collusion, that's not illegal."

They are both wrong, however, as we explain today. Collusion --- better known as "conspiracy", in this alleged case, with a foreign power working to influence the 2016 U.S. Presidential election --- would most certainly be unlawful. But why the sudden media offensive by Team Trump on this point, just before the first of two federal trials for Manafort was scheduled to begin today? We discuss.

Then, just over than three months from the crucial 2018 midterm general election, U.S. computerized voting and tabulation systems remain wildly unsecured and virtually impossible for the public to oversee (for the most part) in order to confirm that computer-reported results actually reflect the will of the voters. Today, better late than never, I guess, the Dept. of Homeland Security announced a new cybersecurity task force to help protect against attacks on critical infrastructure such as the power grid, our banking systems and, yes, the election system. But, in announcing the new effort, DHS once again misled the American people by suggesting that no votes were manipulated in the 2016 election. In truth, that point that remains unknown since, as DHS admitted last year, they never actually conducted forensic analyses of voting and tabulation systems --- nor even bothered to count existing hand-marked paper ballots --- to determine if the most startling election result in U.S. history was, in fact, manipulated or accurate.

Moreover, the ballots in question from 2016 (where such hand-marked paper actually exists) may be destroyed as early as September, after the 22-month federal requirement for retention of all election materials --- such as ballots and ballot programming code, etc. --- expires. We call today on citizens and legal organizations --- and the media --- today to file public records request to examine those ballots and/or at least ensure they are retained beyond the September expiry date, since almost none of the ballots cast in 2016 have ever been examined by human beings to determine if they were accurately tallied.

That is true in all 50 states. But nowhere in the U.S. is it more difficult to oversee the accuracy of election results than in Georgia, where Republican Secretary of State Brian Kemp reportedly won his GOP primary runoff for the gubernatorial nomination last week against Lt. Gov. Casey Cagle. As the Atlanta Journal Constitution describes, based on a new study, Cagle's failure to defeat Kemp in the runoff election, after easily placing first in the state's May primary, was the most dramatic runoff collapse in Georgia political history. And the paper doesn't note, though we do, that it was all done on the state's 100% unverifiable Diebold touchscreen voting systems "overseen" by Kemp himself.

Today we're joined by longtime Republican election integrity advocate MARILYN MARKS, Executive Director of the Coalition for Good Governance, to discuss all of the above and, specifically, her group's ongoing lawsuit against Georgia. The complaint demands the state dump their 15-year old, easily manipulated, unverifiable electronic vote-casting system before November, in favor of the state's existing hand-marked paper ballot system long used for absentee voting.

Marks tells me how this can easily be done in time for this year's general election (and in other states as well!), how SoS Kemp has been lying about state law in order to avoid such a switch, and whether or not we have learned any more, since last year, about the mysterious wipe of the state's long-vulnerable election server (and its backup) just days after her lawsuit was originally filed last summer.

On destroying the 2016 ballots, Marks joins our call for folks to file FOIA requests to keep the ballots from being destroyed: "I fear that many election officials in those swing states, that they are standing there over their records with a can of kerosene in one hand and a book of matches in other, just waiting for a month from now. ... People need to understand that there is no requirement that the records be destroyed after 22 months. That is up to each election official in each county. They can retain them as long as they want. They can't destroy them before 22 months, although I fear some of them have. But even if local citizens can convince their election official not to destroy them, even that is progress."

On the claim by the Trump Administration that results were not manipulated in 2016: "I have never have any confidence in that. That's not to say that I believe that voters were changed, but I don't have any belief one way or the other because there is no evidence. How do these people make this claim when no one has looked, and no one has any evidence one way or the other?"

On what citizens can do in locations where voters are forced to vote on unverifiable touch-screen systems: "Go now --- I mean NOW --- to your local election boards, local board of county commissioners, and demand paper ballots. Because they can get it!"

Much more, must-listen thoughts in our conversation today!

Finally today, the Koch Brothers' Republican political network --- which has spent hundreds of millions each election cycle over the past decade or more, supporting GOP candidates and attacking Democrats --- say they're now having second thoughts about Donald Trump and his toady Republicans in Congress. We explain why you shouldn't believe their crocodile tears of disappointment for a second...

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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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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The Young Turks' founder talks media failure, political dysfunction, Roseanne and Democratic 'chaos' in CA's upcoming mid-term primaries...
By Brad Friedman on 5/30/2018 6:08pm PT  

On today's BradCast, we're joined by our old friend CENK UYGUR, host and founder of the wildly popular online news outlet, The Young Turks and the entire TYTNetwork. [Audio link follows below.]

We have a wide-ranging conversation on a host of important topics, beginning with the chaotic mid-term primaries coming up next Tuesday in California, where, for example, 32 candidates, from all parties, are vying in the same race for the top two slots to go on to the November general election in the fight for longtime Democratic U.S. Senator Dianne Feinstein's seat.

Of even greater concern to Democrats hoping to win back one or both chambers of Congress, are seven Republican U.S. House seats thought to be flippable in the Golden State this year. However, thanks to the state's "Top Two" primary system and a glut of Democrats on the ballot, the progressive vote could be split in a number of those races, resulting in no Democrats qualifying for the November ballot at all in several of those contests next week.

Uygur discusses the pros and cons of California's strange primary system and much more, including how both corporate and independent media ought to be covering the "insanity" of Donald Trump, who he describes as "the monster in office...on fascism's doorstep".

The corporate media, he argues, "are afraid of offending Republican viewers. Their business imperative to not lose a certain percentage of their audience is coloring how they cover the truth of the matter. In reality, they should go out there and do what we do, and say: 'If you believe this, you are nuts. It's not remotely true.' But they're afraid they are going to turn off 30% of the country, and lose advertising dollars."

"We are a news outlet that is proudly activist," he tells me when I ask whether TYT is a political organization. "The rest of mainstream news and corporate news say 'Hey, relax, don't do anything. Do the news, but don't care about it, don't try to fix anything! Fixing anything is bad!' And we don't agree with that. We think that you can present the news and say, 'Now here's what you can do to fix it.'"

As to independent outlets, he charges, "we're not emphasizing enough that the President of the United States is a combination of mentally unhealthy, certainly unstable, incredibly dumb and, most importantly, fascist."

We also talk about the continuing internecine battle between the progressive and establishment wings of the Democratic Party, whether they can and will and should come together this November, and we even chat a bit about the sad story of Roseanne Barr who, Ugyur believes, "similar to Kanye West, similar to Glenn Beck, similar to Alex Jones...all have mental health problems."

Uygur, who is also a founder of Wolf-PAC (fighting to get all money out of politics), and a former founding member of Justice Democrats (fighting to put progressive Democrats into office), also makes the case for a number of progressive U.S. House and Senate candidates in California endorsed by one or both of those groups.

Also on today's show: While the economy is supposedly doing great, according to Donald Trump and the GOP, wages are failing to rise commensurately, even after the massive tax cuts passed last year, largely for the wealthy and corporations. Now why would that be? And, some encouraging news today out of Virginia, which is poised to finally expand Medicaid under the Affordable Care Act ("ObamaCare") to some 400,000 residents, thanks to voters who turned out last November to flip enough seats in the state legislature from "red" to "blue" to finally assure health care to hundreds of thousands in the state. And, finally today, a bit more good news for Democrats, as new polling finds a majority of young voters plan to turn out to vote in this year's mid-terms, and they are far less Republicans than the population at large...

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 5/14/2018 6:02pm PT  

On today's BradCast, Desi and I are back! But you should tune in anyway! [Audio link to show follows below.]

My great thanks to Angie Coiro of In Deep Radio for filling in for us last week!

Among the stories covered on today's program, as we try to get back up to speed...

  • More than 2,000 were reportedly wounded and over 50 killed as Israel opened fire on protesters in Gaza today during the "festive" opening ceremony for the controversial U.S. embassy Donald Trump moved from Tel Aviv to Jerusalem. Much of the Muslim and Arab world condemned the attacks on the unarmed Palestinian protesters, but so so did the European Union, the United Nations, Russia and many others.
  • Back in the U.S., a new analysis from Washington Post finds that an administrative error led to at least 26 Democratic leaning voters being assigned to the wrong legislative district during last November's House of Delegates election in Virginia. The race in Newport News between Democrat Shelly Simonds and Republican David Yancey in HD-94, was judged to be a tie after a "recount", which was subsequently broken by a random drawing giving the seat to Yancey and allowing the GOP to retain control of the House. That failure, and similarly mis-assigned voters in yet another highly gerrymandered district in Fredericksburg, prevented what should, in retrospect, have been a Democratic takeover of the state's House in 2017 amidst a "Blue Wave" that otherwise managed to flip 15 seats from R to D.
  • Also today, a new report on what was reportedly a foreign-sourced cyberattack on Election Night two weeks ago in Knox County, Tennessee is troubling on a number of levels, though not necessary the one being reported by some media outlets citing a Ukrainian IP address used in the denial of service attack which was also sourced to countries on every continent except for Antarctica. We discuss what is known and still isn't, following the attack which took down the web-based election night results page for an hour after the close of polls two weeks ago, including one race said to have been decided by just 17 votes on the county's 100% unverifiable Direct Recording Electronic voting systems...

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-host Angie Coiro with guests Marcy Wheeler, Jed Shugerman, Beth Becker, Deborah Rhode...
By Angie Coiro on 5/9/2018 6:45pm PT  

On today's BradCast, I'm sitting in for Brad again on a very, very busy news day. Strap in!

Top of the hour we swing right into a conversation about Gina Haspel's Senate Intelligence Committee Hearing. Her best qualification to head the CIA might be her complete refusal to share any real information with anyone - including something as simple as whether she's met alone with Donald Trump. Marcy Wheeler of Emptywheel is back on the BradCast, with her impressions from watching the hearing, and a lot of questions that didn't get asked - at least, in the short window between the first question and the doors closing for private interrogation.

We're running out of people who haven't given money to Michael Cohen. Add to previous lists AT&T, Novartis, and one of Vladimir Putin's close (and apparently quite dangerous) buddies. AT&T says it paid not for access, but to "learn how Trump's mind works" (note the "how" - "whether" didn't come up, apparently). Legal scholar Jed Shugerman, who blogs at Shugerblog, puts these new revelations into the long Russia/Trump timeline and says - while that elusive smoking gun isn't flashing on the horizon yet - collusion charges seem a little bit closer.

Digital strategist Beth Becker reads the tea leaves from this week's elections, to see what we can glean for the next go-round. She has a dismaying but all too likely prediction: some very good, highly qualified liberal candidate will have to go down in flames before the center-to-Left Americans will finally see the value in unifying. In other words, the Bernie Bros and Crooked Hillary contingents need to stand down and deal. She has a great albeit tentative prediction for Hillary, though. Beth conducts digital strategy bootcamps around the country. You can check out the next dates here.

Finally, something a bit bigger picture: whither ethics in the morass of politicians for sale, corporate lies, candidate lies, voter interference - where do we learn honesty? How? Who gets it and who doesn't? The show wraps up with excerpts from discussion all about honesty in America, featuring Stanford's Deborah Rhode. You can hear the whole one hour panel at website for my show, In Deep with Angie Coiro.

Download MP3 or listen online below...

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




Guests: AUDIT USA election expert John Brakey, attorney Chris Sautter...
By Brad Friedman on 5/3/2018 6:30pm PT  

On today's BradCast: Rudy Giuliani works his magic as he settles in as the newest attorney on Donald Trump's personal legal defense team --- and it appears to have exploded spectacularly. And Ohio's Sec. of State and two largest counties are slapped with an election transparency lawsuit just days before next Tuesday's primary in the Buckeye State. [Audio link to show is posted below.]

First up: On Wednesday night, the former NYC Mayor stunned Sean Hannity of Fox "News" when he told him on air that Trump reimbursed his embattled "fixer" and personal lawyer Michael Cohen for the $130,000 in hush money paid to Stormy Daniels just days before the 2016 Presidential election. The payment, which Trump had long denied making himself, was meant to cover up an alleged affair Trump had with the porn star. Then, on Thursday morning, Giuliani dug the hole deeper by making clear, once again on Fox "News", that the payment was meant to protect Trump's candidacy.

All of which means that Trump is likely in even more --- and perhaps even criminal --- trouble, regarding serious campaign finance violations which Giuliani seems to have thought he was helping Trump avoid. We discuss and try to clarify the President's newly revealed legal peril on that front today, even as Trump (or his attorneys) took to Twitter to reverse his own previous denials by admitting that he did, in fact, reimburse Cohen for the payments to Daniels.

As Politico's Jack Shafer wryly tweeted today: "Having Giuliani in the mix is almost like having a second Trump."

Then, as we try to stay focused amidst all the noise, we're joined by election transparency expert JOHN BRAKEY and longtime election attorney CHRIS SAUTTER, both of Americans United for Democracy, Integrity and Transparency in Elections (AUDIT USA) about their lawsuit just filed in Ohio in advance of the state's 2018 mid-term primary next Tuesday.

The suit echoes a similar one filed last December in Alabama before that state's much-watched U.S. Senate Special Election between Democrat Doug Jones and Republican Roy Moore. (That suit was successful in a lower court, before the state's woeful Sec. of State John Merrill convinced their Supreme Court to stay the ruling at the last minute.) The new complaint seeks to force Ohio's Secretary of State Jon Husted and its two most-populous counties, Cuyahoga (Cleveland) and Franklin (Columbus), to retain digital ballot images created by the counties' computer scanners as hand-marked paper ballots are initially scanned during tabulation.

Those images, as Brakey explains, allow the public to safely examine the accuracy of election results without disturbing the original paper ballots and, according to Sautter (and several court rulings in other states), complies with federal election law requiring the retention of all election materials for 22 months after federal elections.

The pair detail why preventing the destruction of the images in question is at the center of the multi-partisan suit filed in Ohio, and why they plan to continue pressing election officials in Ohio and in many other states and counties around the country to ensure that digital ballot scanners are set to retain all such images for public oversight after Election Day.

Finally, Desi Doyen joins us for the latest Green News Report with still more bad news for corrupt EPA chief Scott Pruitt and for the planet itself, but also with a bit of good news for NYC, Hawaii, and even one of China's major cities...

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An entire new decade of government control hangs in the balance...
By Ernest A. Canning on 2/26/2018 11:23am PT  

Don't get me wrong. The bold move by the Pennsylvania Supreme Court in adopting a Congressional map that, according to an analysis cited by the Wall Street Journal, could see PA Democrats picking up as many as six Congressional House seats now held by Republicans, bodes well for those of us who value small "d" democracy and the rule of law.

So does the recent mind-boggling 85-point swing from "red to blue" in Kentucky, where Democrat Linda Belcher, in a Special Election, defeated her Republican opponent by 36 points in a state House district that Donald Trump carried by 49 points in 2016.

There are multiple indices of a public revulsion in response to Republican overreach that is much greater than that displayed in 2008 when Democrats rode a "Blue Wave" to victories that placed them in control of the White House, the U.S. Senate and the House of Representatives.

Last year, polls revealed as little as 12% support amongst the American electorate for Republican efforts to repeal and replace Obamacare. Another poll revealed that only 24% of Americans supported the GOP tax cut measure. (Though more recent polling suggests it's growing in popularity.) This year, a Quinnipiac poll, taken in the wake of the massacre at a Parkland, Florida high school, suggests that 2/3 of Americans have finally lost their patience with NRA-funded Republicans and their feckless "thoughts and prayers".

These surveys suggest a likelihood that Democrats in 2018 can recapture a majority in the U.S. House and potentially even the U.S. Senate --- a result that is critical to fending off the threat to democracy, political and economic equality and the rule of law now posed by the Trump/GOP oligarchic/kleptocratic agenda.

But a number of recent court rulings on extreme partisan gerrymandering reveal that the 2020 election will ultimately be of far greater significance than 2018, and not simply because it will be a Presidential election year…

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




Trump chickens out; WI and AL block elections; More embarrassment for KS; Help for sharks; And a perfect gift for the First Family...
By Brad Friedman on 1/26/2018 6:13pm PT  

After yet another exhausting and harrowing week in Donald Trump's America, as the Doomsday Clock inches closer to midnight, we try to lighten things up a bit, at least comparatively, on today's BradCast --- even if it's not always easy. [Audio link to show follows below.]

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

  • A few words about Donald Trump's reported attempt to fire Special Counsel Robert Mueller last June before chickening out, which the President describes today as "fake news";
  • Republicans are now, literally, trying to block democracy by preventing elections from happening at all. Gov. Scott Walker in Wisconsin and the GOP-controlled Alabama state legislature provide just the two latest examples;
  • Kansas' failed Governor Sam Brownback has, apparently, failed up, with an appointment by the Trump Administration, confirmed this past week by the U.S. Senate, after Vice President Mike Pence was brought in to break the tie vote in Brownback's favor;
  • Speaking of failures in the state of Kansas, their Secretary of State Kris Kobach, a long-time GOP "voter fraud" fraudster and now candidate for Governor, enjoys still more shame and ignominy this week, as it was discovered that he exposed private information, including the last four digits of social security numbers for thousands of state officials and employees --- including his own! --- on an unprotected Internet page;
  • The Guggenheim Museum declines to loan a valuable Vincent van Gogh painting to Donald and Melania Trump for use in their White House residence, but offers a solid gold alternative that seems perfect for the first family;
  • And, speaking of the first family, Trump's recently reported hatred of sharks --- revealed by adult film actress Stormy Daniels in the wake of revelations of her alleged affair with Donald Trump and $130,000 hush-money payoff just before the 2016 election --- has resulted in an outpouring of donations to shark charities across the nation and the world! See? Donald Trump can do some good in this world after all!

Finally, speaking of donations, as we celebrate The BRAD BLOG's 14th Anniversary this week (thanks to those who have stopped by BradBlog.com/Donate), a plea to support ALL independent progressive media, including whatever station or outlet you may use to enjoy listening to The BradCast every day!...

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Guest: Mike Liszewski of Drug Policy Alliance; Also: Goodbye, Chris Christie and other encouraging news from the states...
By Brad Friedman on 1/16/2018 5:39pm PT  

On today's BradCast, the consequences of elections, from D.C. on immigration, to VA and NJ on gun safety legislation, and across both D.C. and dozens of states when it comes to marijuana policy under Trump's Attorney General. [Audio link to show is posted below.]

The White House, lawmakers and corporate media continue to squabble today over Donald Trump's racist and reportedly vulgar slur of black majority nations as either "shitholes" or "shithouses" during a bipartisan meeting on immigration last week, even as his Departments of Justice and Homeland Security issued a new and misleading report on terrorism that downplays the far greater threat of domestic attacks by homegrown white Americans, in favor of a focus on foreign-born terrorists.

In the meantime, as the White House and Congress attempt to strike a government spending deal that includes protections for DACA recipients in time to avoid a government shutdown at the end of this week, a changing of the guards in both New Jersey and Virginia following last November's elections is taking place and already reshuffling public policy.

NJ's wildly unpopular Republican Gov. Chris Christie was finally replaced on Tuesday by the new Democratic Governor Phil Murphy, one day after Christie finally signed a law that will ban deadly bumpstock devices, like those used to kill 58 people and wound hundreds of others in minutes in Las Vegas last year, in the Garden State. (To his discredit, he had little choice, as the legislation passed both state chambers with zero votes opposing it.)

At the same time, in VA, where Republicans managed to barely hang on to majorities in the state legislature, thanks to some gaming of several House races and of legislative district maps across the state (allowing them to retain control despite losing statewide by a 55% to 45% margin), the GOP's majority control in the state Senate resulted in the gutting of most of the gun safety agenda on which that state's new Democratic Governor Ralph Northam ran and won by a landslide.

Then, we head back to D.C., where Attorney General Jeff Sessions announced after the turn of the new year that the DoJ was reversing Obama-era enforcement guidance on federal law, in order to crack down on states where marijuana has been made legal for medicinal and/or recreational use after decades of prohibition.

As Drug Policy Alliance advisor and marijuana legislation lobbyist MIKE LISZEWSKI joins us to explain, the new DoJ guidance, rolling back the so-called "Cole Memo" from the Obama years, has not gone over well, even with a number of Republican lawmakers, particularly those from cannabis-friendly states where they have seen a dramatic rise in tax revenue thanks to new policies adopted by voters and state lawmakers.

"The Cole Memo was just guidance, it was never binding. But by removing it, Sessions has really given the green light to US Attorneys throughout the country to say, if you want to prosecute against state marijuana conduct you have our backing," Liszewski tells me, before arguing that there is no need for such policy, given that state laws, where pot has been legalized, are already very tough. "If someone was using a state marijuana law to shield some sort of bad activity, they're clearly in violation of state law. There's so much oversight, you're likely going to get caught rather quickly. So there's really no need for additional federal prosecution. It's really addressing a concern that doesn't actually exist --- unless you have some hysterical views about marijuana."

Sessions, of course, famously has views. Last year, for example, he famously stated that marijuana was "only slightly less awful" than heroin. Liszewski breaks down the DoJ's announced change in prosecutorial guidance and the effect it is likely to have (if any) in pro-cannabis states where, he says, it has "turned out to be wonderful for generating state tax revenue...in terms of the money it's pulling in, but also the law enforcement resources, the jail resources, the court resources, that don't have to go into prosecuting low-level marijuana cases."

We also discuss how Congress may still be able to move forward on drug policy under an Attorney General who is an avowed enemy of pot users and a President who claims to favor states' rights on the matter. Congress, Liszewski argues, is close to having the votes to end prohibition at the federal level all together, if it doesn't have those votes already. But, he says, thanks to a few "old guard" Committee Chairs in Congress, it may take a full reshuffling of the deck in the 2018 mid-term elections to see it actually happen.

"The 2018 elections are going to be so crucial to the future of marijuana reform," he says. "Because whether it's a shift in which party controls each chamber, or if it's just voting out the old guard and getting some new Republicans in, either way would be helpful towards ending federal marijuana prohibition."

"It would be very, very difficult to get the genie back in the bottle at this point," Liszewski adds, "especially seeing a good number of Republicans as well as states continuing to move forward right after the Sessions announcement. It really shows that Sessions is alone on an island with this and has very few supporters. I think the writing is on the wall."

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DACA scheme blocked; Off-shore drilling reversed; CA's latest disaster; VA's gamed elections; NC's gamed Congressional maps; much more...
By Brad Friedman on 1/10/2018 6:21pm PT  

On today's BradCast, we do our best to try and make some sense of the utter chaos, havoc and non-stop breaking news plaguing the nation over the past 24 hours. Wish us luck! [Audio link to show follows below.]

Among the stories covered on today's extremely busy program...

  • Late updates on the devastating mud-flows that have, so far, resulted in the deaths of 17 in Southern California's Santa Barbara County, just north of Los Angeles, following a massive rainfall this week in the area just burned by the largest fire in state history;
  • A federal judge has temporarily blocked Donald Trump's attempt to lift the DACA program, which has protected some 800,000 children of immigrants who came here with their parents through no fault of their own;
  • Just days after announcing their intention to open 90% of U.S. coastline to off-shore drilling, Trump's Dept. of Interior chief Ryan Zinke reverses course, but only for the state of Florida, in what appears to be a political (and unlawful) favor to Florida's Governor Rick Scott, who Trump is supporting in a run for the U.S. Senate;

In election and voting news today...

  • Just minutes before Virginia's House of Delegates convened its new legislative session today, Democrat Shelly Simonds conceded her 94th District race against Republican David Yancey without seeking the second "recount" she is entitled to by state law. The first "recount" resulted in a declared "tie" vote and a random drawing, following a very questionable ballot [JPG] counted for the Republican after the initial "recount" had handed the victory to Simonds by a single vote. (She could still ask for a recount as late as the 17th, if she and the Democratic Party wise up and changes their minds. Republicans absolutely would have demanded such a count had the random drawing gone the other way. They would also have prevented her from being seated until that count was completed. Moreover, I share some disturbing comments from a conversation about all of this with the Voter Registrar who oversaw the election in Newport News, VA.)
  • In the 28th District race for Virginia's House, an appeals court denied the Democrats emergency motion for a new election today, after the Republican was declared the winner by 73 votes even though 147 voters were given the wrong ballot on Election Day last November. (With both of those Dems out, the GOP majority in the VA House has shrunk from 66-34 last session, to just 51-49 as of today, despite Democrats winning 55% of the vote statewide in the Republican gerrymandered state);
  • In North Carolina, a federal court panel issued a landmark and blistering ruling on Tuesday night, finding state Republicans had blatantly gerrymandered the swing-state's U.S. House Districts on a partisan bases to ensure a 10 to 3 majority for themselves, in what the panel found to be a violation of the Constitution's Equal Protection Clause. The court ordered new Congressional maps to be drawn up immediately, in the next two weeks, in time for the 2018 primaries. But Republicans vow to appeal the ruling to the U.S. Supreme Court, which is currently deciding a separate but very similar case on partisan gerrymandering of state legislative districts by Wisconsin Republicans.
  • And today, a divided (and stolen by the GOP) U.S. Supreme Court heard oral argument in a case challenging Ohio Secretary of State John Husted's scheme to purge voter rolls after voters have gone just two years without voting in a federal election, in what Democrats and voting rights advocates argue is a violation of the National Voter Registration Act (NVRA).

Finally today...

  • Trump's Energy Secretary and former Texas Governor Rick Perry sees his scheme to extend the life of coal and nuclear plants under the false guise of "grid resiliency" go up in smoke after all of the appointees on the Federal Energy Regulatory Commission (FERC), most of whom were appointed by Trump, unanimously reject the plan, which was seen as a payoff to a coal baron benefactor of both Perry and Trump. A former Trump Campaign official, however, sees a far more insidious (and laughable) conspiracy.

What. A. Mess. Enjoy!...

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

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

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

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

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

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

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

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

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

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Guest: Election law Prof. Joshua A. Douglas of Univ. of Kentucky...
By Brad Friedman on 1/3/2018 6:29pm PT  

We're back on today's BradCast after a brief New Year holiday break! But it wasn't entirely a break, as Alabama's Secretary of State John Merrill decided to launch a bizarre Twitter exchange with me over the holiday weekend. [Audio link to show follows below.]

The conversation included the state's chief election official repeatedly (and inaccurately) insisting that Alabama's paper ballot computer scanners do not "capture" scanned ballot images that can be retained by the system for review by the public after an election. He is wrong, as I politely noted during the conversation.

In fact, Merrill almost certainly knows he is wrong, since he actually went to the State Supreme Court to block an order by a lower court, issued the day before the December 12th U.S. Senate Special election between Democrat Doug Jones and Republican Roy Moore, to instruct all county election officials to set their computer scanners to retain all captured ballot images! [We discussed that multi-partisan lawsuit with one of the organizers, John Brakey, before it was filed, and again with one of the plaintiff attorneys, Chris Sautter, after the order was blocked by the state Supreme Court, allowing counties to destroy their captured ballot images.]

Nonetheless, after I questioned Merrill about the inaccurate information he was offering to the public, he decided to block me on Twitter, rather than admit that he had misinformed the public. Here's a PDF that reconstructs as much of the conversation as I could, given that I'm now blocked by him, so can't easily see his Tweets. Moreover, he also deleted a number of his own Tweets after he blocked me, and he repeatedly broke the conversation thread throughout. So, that PDF reconstruction will have to suffice for now to give you an idea of what at least one Twitter user accurately described as a "bonkers" exchange!

It wasn't the first time Merrill would block journalists, election law experts, or even his own constituent voters on social media after someone dared to suggest that he was wrong about AL election procedures. We're joined today by JOSHUA A. DOUGLAS, professor of election and constitutional law at the University of Kentucky College of Law. He, too --- like me, and like UC Irvine election law professor Rick Hasen --- was blocked on Twitter by Alabama's Republican Sec. of State after asking a question, in November, about the state's election code.

"I said, it's not about lying, it's about asking questions of a public official running their elections, and the next thing I knew, I was blocked myself. So, kind of ironically, Merrill blocked me for questioning whether he should be allowed to block others on Twitter who were trying to interact with him about the election," Douglas explains. He wrote about the incident and why it matters at AL.com.

We discuss all of this bizarre behavior, and whether or not it's a violation of the Constitution when folks like Merrill and, yes, the President of the United States, block citizens from being able to read their social media comments. All of which makes what we do --- as journalists, legal professionals and, yes, voters --- more difficult and even Constitutionally problematic in a number of ways.

Also today: Despite Merrill's odd behavior before, during and after the election (Merrill supported Roy Moore), Doug Jones was sworn in to the U.S. Senate today after (apparently) defeating Moore to become the state's first Democratic U.S. Senator in some 25 years, narrowing the GOP majority to just 51 to 49. And, King of the Twitter Trolls, Donald Trump threatened nuclear war again with North Korean leader Kim Jong Un and social media had a huge laugh at Trump's comments about having a "much bigger" nuclear button than Kim. But is any of it --- including the threat of war between two nuclear-armed nations --- really all that funny?...

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

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

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

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

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

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

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

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

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

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

Peace!

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Guest: The Intercept's Jon Schwarz; Plus: Kobach loses in court; Battle over election results and control of VA House continues...
By Brad Friedman on 12/27/2017 5:55pm PT  

On today's BradCast, the GOP has made an industry out of protecting their power and their Presidents, from Richard Nixon right up through Donald Trump. And neither the Democrats nor the corporate media seem to have figured out how to counter the Right's radical transformation of the American political landscape over the past 40+ years. [Audio link to full show is posted below.]

But first today, a bit of voting and election news: A federal judge on Friday, just before the Christmas holiday, found in favor of Maine's Democratic Sec. of State Matt Dunlap after he was forced to sue Donald Trump's so-called "Election Integrity" Commission headed up by Vice President Mike Pence and Kansas' Republican Sec. of State --- and infamous GOP "voter fraud" fraudster --- Kris Kobach. Dunlap had sued because, even though he is on the Commission itself, Kobach and the other rightwing fraudsters on it had been withholding documents and keeping Dunlap completely out of the decision making process. While that was a loss for the Government, a separate lawsuit against the Commission, filed by the Electronic Privacy Information Center (EPIC), was rejected by a federal Appeals Court on Tuesday, on the basis that the group did not have standing to sue.

Also today, an update on the November 7th, 94th District Virginia House of Delegates race where Democrat Shelly Simonds appeared to have unseated Republican David Yancey by one single vote, until one of the Republican election official judges decided, the day after a "recount" was completed last week, that a previously discarded over-vote ballot [JPG] was actually a vote for the Republican after all. A three-judge court panel of GOP-appointed judges agreed, which meant the race was tied and the winner would be determined --- along with the balance of control of the Virginia House, which had been controlled by the GOP for decades --- by a random draw. That draw, scheduled for Wednesday, was postponed late on Tuesday by the state's Election Commission at Simonds request, while she challenges the three-judge panel's ruling in court.

Then, with the calls intensifying from the Fox "News" rightwing for Trump to fire Special Counsel Robert Mueller, are Democrats doing enough to counter the Constitutional Crisis that would likely ensue if he did so? For that matter, how have we arrived at a moment in American history when an investigation by a Republican Special Prosecutor into the firing of a Republican FBI Director by a Republican President can be considered a partisan Democratic witch hunt?!

JON SCHWARZ of The Intercept joins us to discuss the historical chain of events, connecting the dots of lawless GOP Presidential administrations from (at least) Richard Nixon up through Donald Trump, to illustrate exactly how we got here. In his recent historical essay, he details a fairly direct line of actions taken by the right during and after Nixon, right up through the present, that has largely prevented real accountability for lawless Republican Presidents, while both the Democrats and the corporate media have continued to pull their punches for various reasons.

"The history of Watergate has been completely rewritten in the past 45 years," Schwarz explains. "The reality is that it just barely succeeded. All of the investigations, all of the obvious, blatant wrongdoing by Nixon was just barely enough to get him out of office. Under other circumstances --- if the Republicans had controlled Congress, if they'd had Fox News then, if they'd had decades of appointing people to the courts --- it's very likely that Nixon would have stayed in office, and people would remember it as just a minor blip."

As is, he tells me, Nixon still escaped accountability for the worst of his crimes including collusion with a foreign power which resulted in the deaths of thousands of Americans, and an untold number of others in Indochina. "It's kind of shocking how this has been completely kept out of history."

Nonetheless, during his administration, a young Nixon staffer by the name of Roger Ailes came up with "A Plan for Putting the GOP on TV News," which would eventually become Fox "News", while a separate if related scheme by a future Supreme Court Justice that became known as the "Powell Memo", helped to restructure the federal judiciary and paved the way for the corporate takeover of our electoral and political system. "It describes exactly what has happened for the last forty, forty-five years," Schwarz notes. "They laid out a plan and they executed it, and it worked."

And now, we live in a world where only Republicans allowed to be appointed to investigate Presidents, whether they are Republicans or Democrats, and only Republicans have ever been appointed as FBI Directors, even by Democratic Presidents. And, despite that, we now hear the ever-increasing drumbeat charging that Mueller's investigation is a "partisan Democratic witch hunt", leaving Dems fighting among themselves as to whether they should push for impeachment, and the media pulling punches when reporting on GOP Administrations.

"If Hillary Clinton were President and had done the things that Donald Trump has done," Schwarz argues, "everyone knows she would have already been impeached 97 times."

Finally, we close today with some related listener e-mail, a few more thoughts on the Powell Memo, and a few words of thanks to those of you who have stopped by BradBlog.com/Donate to help us try and continue BradCasting into the new year...

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