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Latest Featured Reports | Sunday, September 29, 2024
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The Secret Koch Brothers Tapes...

Guest: David Roberts of Vox; Also: Trump fan charged in mail bombings...
By Brad Friedman on 10/26/2018 6:45pm PT  

Among the many stories covered on today's BradCast, a bit more than one week from the crucial midterm Election Day. [Audio link follows below.]...

  • A 56-year old white man from Florida, suspected of sending mail bombs to about a dozen perceived enemies of Donald Trump, is arrested and charged with federal crimes. To the surprise of absolutely nobody, the alleged MAGABomber, Cesar Sayoc, Jr. turns out to be a huge fan of Donald Trump. Attorney General Jeff Sessions fails to call it terrorism;
  • In Tennessee, a state court rules in favor of voting rights advocates who sued to require Shelby County (Memphis) election officials to allow thousands of new registrants to cure any alleged omissions or errors on their voter registration applications through Election Day, and to allow those voters to vote on normal, not provisional, ballots. The Republican-majority commission in the very Democratic-leaning county, has said they would appeal the ruling. The matter could be crucial to the tight race for U.S. Senate between popular former Democratic Gov. Phil Bredesen and Republican Rep. Marsha Blackburn in the contest to fill the seat of retiring GOP Sen. Bob Corker;
  • In Georgia, massive attempted voter suppression overseen by Republican Sec. of State and gubernatorial candidate Brian Kemp, should qualify the entire state as a crime scene, at this point. More troubling news along those lines today, as the DeKalb County Election Commission appears to have lost nearly 5,000 vote-by-mail applications. The Democratic Party claims they turned in 4,700 requests, but the County tells the NYTimes they only received 48! The potential disenfranchisement of thousands of voters could effect the tight gubernatorial race between Kemp and African-American Democrat Stacey Abrams. Given the massive suppression attempts in the state, I don't see how a Kemp victory could possibly be seen as legitimate;
  • In Texas, amid the very tight U.S. Senate race between incumbent Republican Sen. Ted Cruz and his Democratic challenger Beto O'Rourke, many of the 100% unverifiable electronic voting machines used across the state are reportedly selecting Cruz during some attempts at straight ticket Democratic votes. State and county election officials confirm the problem with their voting systems made by Hart-Intercivic of Austin has existed for years. Nonetheless, they are blaming voters, rather than themselves or Hart, their private election vendor, for the failure. That, despite conceding that it is those systems, used in many TX counties, that are at the root of the problem for voters;
  • Finally, we're joined by energy and politics writer DAVID ROBERTS of Vox.com, to discuss a very important initiative on the ballot in Washington state this year. Roberts explains Initiative 1631, which, if adopted on November 6th, would create a price for carbon pollution by creating a fee for the use of fossil fuels that cause global warming. The revenue raised by the measure would be used to fund key initiatives to improve the environment and help middle and lower income Americans. Roberts describes, as he recently wrote in much more detail, how the new initiative differs from the revenue-neutral carbon tax which failed at WA polls in 2016, and how the fossil fuel industry is spending tens of millions to crush this effort (just as they did in 2016).

    All of this on a week, which we also discuss, when Canadian Prime Minister Justin Trudeau has staked his 2019 re-election chances on a new national carbon tax and dividend policy. The politically courageous effort was announced this week, despite what is predicted to be a neck-and-neck contest next year with his Conservative Party opponent. The scheme would tax the use of fossil fuels and send all revenue from the measure straight back to Canadians each year in the form of a check.

    Expect to see many more such efforts both in North America and across the world, to place a price on carbon pollution, as the globe continues to warm while fossil fuel companies continue to pollute the atmosphere for free. As Roberts notes: "Civilization is on the line."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: DuPage, IL County Clerk candidate Jean Kaczmarek; Also: In wake of still more mail bombs, Trump, White House return to attacks on media, Rightwing pounces on conspiracies...
By Brad Friedman on 10/25/2018 6:13pm PT  

On today's BradCast: Like clockwork the righwing conspiracy theories regarding pipe bombs begin, as do the voting system failures around the country, less than two weeks before this year's crucial midterm election. [Audio link to show follows below.]

First up today, a few quick updates on the mail bombs sent to several of the many vilified political critics of Donald Trump. In addition to explosive devices sent this week to former President Obama, Hillary Clinton, Eric Holder, John Brennan, Rep. Maxine Waters, George Soros and CNN, additional similar packages were reported today to have been delivered to former Vice President Joe Biden and actor Robert DeNiro. Where Trump and the White House called for unity and an end to divisive rhetoric on Wednesday, for about 5 minutes, both Trump and WH Press Secretary Sarah Huckabee Sanders quickly renewed their vitriolic attacks on the media shortly thereafter and again on Thursday.

Also on Thursday, as investigators reportedly focus on Florida as a possible source for the packages, the rightwing quickly cranked up conspiracy theories about the explosive devices being "fake bombs" meant to discredit the President in advance of the November 6 midterms.

Meanwhile, voting is already underway for those elections, as are the lawsuits aiming to prevent voter suppression and election fraud. A federal judge on Wednesday determined that Georgia may not discard absentee ballots on the basis of "signature mismatch" as determined by partisan officials with no training in hand-writing analysis. The state's legal defense for that statute was rather amazing, as we discuss. Happily, it was thoroughly dismissed by the U.S. District Court judge.

Also, the NAACP has filed official complaints with the state regarding reports of votes flipping in at least four counties on the state's 100% unverifiable touchscreen voting systems. Votes are reportedly hopping repeatedly from Democratic gubernatorial candidate Stacey Abrams to her opponent, Republican Secretary of State Brian Kemp, who oversees and has long defended the states easily-hacked and oft-failed Diebold touchscreen systems. We explain, however, why the reported flips are not likely to be hacks, but why that also doesn't really matter.

Similar, completely predictable voting system and ballot programming failures are beginning to rear their ugly head in other states as well with early, in-person voting now underway in some 30 states. The name of the Democratic candidate for Secretary of State in Arkansas was discovered left off of the touchscreen ballots in one Arkansas county, leading to lost votes and poll closures. And in DuPage County, Illinois, a fiasco erupted this week surrounding the appearance on the ballot (or lack thereof) for a Democratic candidate for the state House of Representatives, resulting in election officials scrambling to distribute paper ballots to early voting locations where, normally, only touchscreen systems are available to voters.

We're joined today by longtime DuPage County election integrity champion and government watchdog JEAN KACZMAREK, who is now the Democratic candidate for County Clerk in DuPage. She joins us to explain what is only the latest mess in a years-long stream of computer voting and tabulation system boondoggles by the Election Commission in the heavily Republican-leaning suburban county west of Chicago, where she has now been endorsed by the local Daily Herald.

Kaczmarek also details the County's astonishing refusal to provide her with serial numbers for the replacement paper-ballot scanners scavenged from unknown sources and recently supplied to the County by its private voting system contractor to replace more than 100 of the machines (originally purchased from Diebold in 2001) after they were damaged by an astounding failure during this year's March primary. The County has told the County Clerk candidate that their refusal to provide her with the serial numbers --- so she may try and determine where the machines were previously used --- is due to a bizarre "security risk" claim.

"I'm concerned mostly because of the lack of a chain of custody. At least the old machines that are in DuPage County have been stored here, and have been maintained here. Yes, I do have issues with those machines, but we do have that," Kaczmarek tells me. "But these other machines, we have no idea where they've been, who has maintained them, how much mileage they have. And I'm concerned there might be problems on these machines, perhaps a virus."

Her concerns are not without warrant, and are similar to such replacement schemes by mystery machines in other states, such as Wisconsin and elsewhere. Earlier this year, for example, at the DefCon hacking conference in Las Vegas, attendees discovered Chinese pop tunes and other software on voting systems recently discarded by elections officials around the country. "Here we are again," she says. "We have no transparency and accountability, and we're told to trust the results."

Finally today, we're joined by Desi Doyen for our latest Green News Report, with a bunch of pretty major environment news regarding a massive hurricane striking U.S. territories in the Pacific, a record year for tropical cyclones, New York state's new lawsuit against ExxonMobil charging the company defrauded investors regarding climate change, and a landmark new carbon tax announced this week by Canadian Prime Minister Justin Trudeau...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/25/2018 11:43am PT  


Follow @GreenNewsReport...

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IN TODAY'S RADIO REPORT: Category 5 Super Typhoon Yutu slams into Mariana Islands and other U.S. territories; 2018 hurricane season now the most powerful ever recorded; New York sues ExxonMobil for defrauding investors about climate change; US Supreme Court stays landmark kids' climate liability lawsuit; PLUS: Canada places a price on pollution with a national carbon tax... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): A Green New Deal is on the ballot in Washington state this year; Yes, ExxonMobil and Chevron are still distorting climate science; Three campaign ads that put climate change on the agenda; Austin, Texas, issues citywide boil-water notice after historic flooding; Trump threatens CA funding over 'ridiculous' wildfires; Report: More than 500,000 US households had water cut off; New report says world must boost efforts to suck carbon dioxide from the air; Ban entire pesticide class to protect children's health, experts say; European parliament approves sweeping ban on single-use plastics... PLUS: How scientists cracked the climate change case... and much, MUCH more! ...

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

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Guest: Shelby County, TN Democratic Chair Corey Strong; Also: Good news for GA voters; Bad news for ExxonMobil; Pipe bombs sent to Obama, Clinton, CNN, other Dem targets of Trump's 'right-wing ire'...
By Brad Friedman on 10/24/2018 6:29pm PT  

It was a dark day on Wednesday, but there were a few rays of light that managed to shine through anyway on today's BradCast. [Audio link to show follows below.]

We'll start here with the grim news. Pipe bombs were discovered to have been sent to perceived political enemies targeted by Donald Trump, including former President Obama, Hillary Clinton, former CIA Director John Brennan, former Attorney General Eric Holder, Congresswoman Maxine Waters and CNN. The explosive devices each appear to have been sent by the same person and follow on a similar one sent to Democratic Party funder George Soros earlier this week. All the intended targets have been widely derided for months, if not years, by Trump, Fox "News" and their many Republican followers.

Thankfully, nobody was hurt. But, as discussed today, the biggest surprise may be how long it has taken for something like this to happen, given the President of the United States --- and his fellow Republicans --- targeting their opponents and the corporate media as the "enemy of the people" with increasingly vitriolic attacks as the midterms approach.

Next up: Tens of thousands of voter registrations were recently rejected by Shelby County (Memphis), Tennessee election officials, with thousands more not yet even processed, even as Early Voting began in the state last week, and the November 6th midterms are now less than two weeks away. Moreover, many of those rejected voters haven't been notified and given a chance to cure the problem, in the very Democratic-leaning, majority-minority county.

The non-partisan Tennessee Black Voter Project, which submitted some 36,000 registration applications in recent months, has threatened the County with legal action. In turn, the County's Republican-led Board of Elections has blamed the Project for turning in a "staggering" number of registrations, many allegedly with what they claim to be errors or missing information. (The group is required to turn in ALL registration forms collected, whether or not they contain either major or minor errors when filled in by prospective voters.)

We're joined today by Shelby County Democratic Party Chair COREY STRONG to explain the hurdles that voting rights advocates there are now actively attempting to overcome, and the history of voter suppression that, he explains, African-American voters in Memphis continue to face this year.

He charges that local officials are disenfranchising minority voters. "We have a history of our Election Commission in Shelby County not necessarily taking it upon themselves to really uphold the values of fair and just elections," he tells me. "If all of the issues end up affecting one side --- the Democratic, urban, poor, minority voters --- then you have to start asking questions, and somebody's got to be held accountable."

The battle on behalf of Shelby County voters comes amidst a reportedly very tight U.S. Senate race between popular Democratic former Governor Phil Bredesen and Republican Rep. Marsha Blackburn, in the contest to fill the U.S. Senate of retiring GOP Sen. Bob Corker. The strongly "blue" county (which went to Clinton by 30 points in 2016 in a state that went to Trump by 25 points) is "very pivotal to statewide elections," Strong explains. In this case, it's central to the state's Senate race as well as Democratic hopes of gaining control of the upper chamber and Republican efforts to hold on to their thin majority.

Strong also discusses concerns about problems during Early Voting, the failure and dangers of electronic pollbooks used across state, and the 100% unverifiable touchscreen voting systems that voters in Memphis are still forced to use to cast their votes at the polling place

But, as noted, we do have a few rays of encouraging news on today's show as well!

On Wednesday, a federal judge ordered an injunction on Georgia's rejection of absentee ballots from disproportionately African-American voters. The rejections are said to be based on ballot signatures that allegedly do not match ones voters' signatures on file. The court found [PDF] voters were being disenfranchised by the scheme that allowed partisan, non-handwriting expert election officials to discard ballots without allowing voters an opportunity to cure any suspected problems on their mail-in ballot envelopes. According to several voting rights groups who sued Republican Sec. of State and gubernatorial candidate Brian Kemp, today's ruling is a big victory amid Kemp's tight race for Governor against African-American Democrat Stacey Abrams.

And, in a bit more good news today, the New York Attorney General, following a three-year investigation, has filed suit against ExxonMobil for an alleged "longstanding fraudulent scheme" to defraud shareholders by publicly downplaying --- and spending millions to deny and confuse the public about --- the serious risks that climate change poses to the company's bottom line. The suit could cost the company hundreds of millions, if not more, and expose Exxon to additional litigation elsewhere. According to the complaint, while publicly claiming concern about global warming as caused by their products in recent years, the company “employed internal practices that were inconsistent with its representations, were undisclosed to investors, and exposed the company to greater risk from climate change regulation than investors were led to believe"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Trump's Saudi wrist slap; Bomber targets Soros; DeSantis ducks in FL; Record Early Voting in TX, GA, NV elsewhere may be misleading...
By Brad Friedman on 10/23/2018 6:03pm PT  

It's another very busy show on today's BradCast (for a change), exactly two weeks out from this year's crucial midterm elections. Among the stories covered [audio link to show is posted below]...

  • After Trump describes the Saudi lies about their assassination of WaPo journalist Jamal Khashoggi as "the worst" coverup "in the history of coverups" (who would know coverups better?!), the Administration announces they will revoke visas for some of those involved. Good thing those guys only chopped up a journalist instead of showing up at our border to legally claim asylum or they'd have been thrown in jail without their children for months!;
  • We finally found the "angry left wing mob"! Apparently one of them put a bomb in the mailbox of Democratic funder George Soros. That seems an odd thing for "the left" to do, doesn't it? (Happily, nobody has attempted to bomb either the Koch Brothers or the many other Republican funders like Sheldon Adelson who give far more money to GOPers than Soros has ever given to Dems.);
  • Florida's Republican gubernatorial candidate Ron DeSantis really doesn't want to answer any actual questions. On Sunday, he dodged just about everything asked of him during his debate with Democratic candidate Andrew Gillum on CNN and on Monday he cancelled an hour-long interview with the Editorial Board of the USA TODAY NETWORK - Florida;
  • Rolling Stone releases audio of Georgia's Republican Sec. of State and gubernatorial candidate Brian Kemp, from a private campaign fundraising event last Friday, in which Kemp, the state's chief election official, is heard lamenting that his Democratic opponent Stacey Abrams is spending millions on GOTV efforts which, he says, "continues to concern us, especially if everybody uses and exercises their right to vote."

    Little wonder Kemp has spent years trying to keep Georgians from voting, supports the state's easily-hacked, 100% unverifiable touchscreen voting systems, and is being sued by at least five different voting rights organizations for the myriad ways the state has been working hard to prevent voters --- particularly African-American ones, like Abrams --- from voting;

  • In Texas (as in Georgia, Nevada, and elsewhere around the country), early voting turnout is breaking records over previous midterm elections and even nearing Presidential election numbers in some cases. But Democrats would be wise not to make too much of those numbers for a host of reasons that we discuss in detail today. Among them: evidence suggests GOP enthusiasm is up as well and lines shouldn't be as long as they are, with hours-long waits in some places, suggesting unprepared election officials and failing voting equipment which could make for a nightmarish Election Day;
  • Finally, Desi Doyen joins us for the latest Green News Report, with more global warming-fueled hurricanes coming (including Hurricane Willa now crashing into Mexico and gunning for Texas and maybe later this week, the East Coast, as well as Typhoon Yutu barrelling towards the Marianas and Guam), more new global heat records, and some reasonably encouraging news about debates taking place around the country in advance of the November 6 midterms, where candidates are finally being asked by journalist moderators about their positions on climate change!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/23/2018 11:10am PT  


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IN TODAY'S RADIO REPORT: Mexico braces for powerful Hurricane Willa --- and so does Central Texas; September 2018 was the fourth hottest September ever recorded; PLUS: Climate change and clean energy are on the ballot in the November midterms --- and even in the debates... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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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): Late night shows find ways to joke about climate change; Trump tweets out photo-shopped map falsely claiming US has 'cleanest air'; Poll: Independents more likely to support candidate favoring climate action; Austin issues unprecedented boil-water notice after record flooding; Microplastics found in human poo; Water around Utah uranium mill grows more polluted; U.S. EPA withdraws Obama-era groundwater protection rule for uranium mining; Michigan warns of PFAS levels in deer around Air Force base; A remote Hawaiian island has now vanished beneath rising seas... PLUS: Supreme Court pauses kids' climate case in win for Trump... and much, MUCH more! ...

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

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Guest: Harold Feld of Public Knowledge; Also: Khashoggi was banned by Saudi Arabia after criticizing TRUMP; Still fighting voter suppression...
By Brad Friedman on 10/22/2018 6:38pm PT  

On today's BradCast: More chilling Khashoggi news, more maddening voter suppression, and the Republican deregulation of phone companies in Florida and at the FCC have deadly consequences in the Sunshine State. [Audio link to full show is at bottom of article.]

First up today, an update on the latest in the alleged Saudi murder of Washington Post journalist Jamal Khashoggi and the wildly unreported fact that he had "self-exiled" from Saudi Arabia after being banned by the Saudis from writing and appearing on television or at conferences back in December of 2016 --- for being critical of then President-elect Donald Trump! That point seems quite important, given the Trump Administration's continuing efforts to help cover up the assassination in coordination with the Saudis and their ruling Crown Prince Mohammed Bin Salman, after they repeatedly lied about the grisly killing of a journalist who had been mildly critical of Trump, as first reported in late 2016 and by the U.S. State Department in 2017.

Next, GOP voter suppression continues across many states in advance of the crucial November 6th midterms. Over the weekend on Twitter, President Trump lauded Georgia's Republican Gubernatorial candidate Brian Kemp, who as Secretary of State, has been working for years to suppress tens and even hundreds of thousands of disproportionately African-American voters in the Peach State. Kemp, as the state's chief election official, is overseeing his own election in a reportedly tight race for Governor against African-American Democratic candidate Stacey Abrams.

Trump also took the opportunity on Twitter over the weekend to falsely fan the flames of the GOP's phony claims of "VOTER FRAUD" in hopes, according to the Lawyer's Committee for Civil Rights Under the Law, of inciting government officials and law enforcement to intimidate minority voters before the crucial November 6 election. The Lawyer's Committee heads up the 866-OUR-VOTE hotline to answer question and help trouble-shoot voting problems, such as recent reports that early voters are being either turned away or forced to vote by provisional ballot --- rather than normal ones --- if the address on their ID does not match the one under which they are registered. Georgia's Photo ID voting restriction does not require registration addressees to match those on IDs (e.g. student voters who may not have in-state driver licenses or those who recently moved but have not yet updated their license.) Please contact the 866-OUR-VOTE hotline with questions about local voting laws or any problems at the polls --- and share that number far and wide over the next two weeks!

Finally, despite national media now focusing elsewhere, the devastation in Florida's Panhandle following the Category 4 Hurricane Michael two weeks ago continues and the official death toll is still rising. At the same time, power and phone service is still out in a number of rural areas, thanks in no small part to the deregulation of telecommunications company rules by Florida's Republican Gov. Rick Scott shortly after taking office in 2011, and by Donald Trump's FCC Chairman Ajit Pai.

We're joined today by Public Knowledge's Senior Vice President HAROLD FELD, who has been warning for years about exactly such a situation. Feld explains how Scott gutted almost all of Florida's telecom company rules when he signed the "Regulatory Reform Act of 2011" and how Pai went still further when he gutted Obama-era phone company regulations in November of 2017.

Scott's 2011 measure "was a complete deregulation of the telephone industry in Florida. It removed the state Public Service Commission from any sort of jurisdiction over residential telephone service. It removed something called 'Carrier of Last Resort,' which means there always has to be a telephone provider in the area. It even removed the ability of the Public Service Commission to take complaints from consumers," Feld tells me. He describes it as "one of the most radical deregulations in the country."

As to the federal regulations scrapped by Trump's FCC, that was in response to federal regulations enacted in the wake of the disastrous performance by Verizon following SuperStorm Sandy in 2012, when copper lines were swept away, and phone companies failed to restore them, claiming that the use of cell phones meant they were no longer necessary. Obama's FCC insisted that "no repairing was not an option," says Feld. But Pai "insisted that there was no reason for any of these regulations [and] that companies have private incentive to deploy these networks, despite everything that actually happened," particularly in rural areas, following Sandy.

The Government, he notes, largely for decades has recognized "that it's always going to be profitable [to ensure service] in the cities, [but] it's not going to be profitable once you get out into the rural areas." So, it's been a value and tradition "through each upgrade of our communication network --- when we went from letters to the telegraph, from the telegraph to the telephone" to ensure service to all. But that's no longer the case.

Like Gov. Scott's Florida, Feld describes, some 37 states have lifted similar decades-old telecommunications requirements, thanks to legislation encouraged by the American Legislative Exchange Council (ALEC), a privately-funded partnership between major corporations and (mostly) Republican state lawmakers.

The Republicans' deregulate-at-all-costs efforts to gut regulations --- regulations that Pai scoffed at before he became Trump's FCC Chairman --- may now be costing lives in Florida, as many in rural areas, as of late last week, remained unaccounted for, weeks after the storm. The non-partisan Public Knowledge group is suing for a reversal of those deregulations, and Florida's own Chief Financial Officer and State Fire Marshal, a longtime resident of the Panhandle himself, is now also begging Pai to consider a reversal...

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In successive rulings, federal court sides with taxpayers and student-victims of predatory secondary 'educational' institutions...
By Ernest A. Canning on 10/22/2018 9:35am PT  

Borrowing from President Donald Trump's self-description as the "King of Debt", Forbe's Derek Newton, over the summer, dubbed U.S. Secretary of Education Betsy DeVos as the "Queen of Debt".

DeVos is the billionaire sister of Erik Prince, founder of the murderous private mercenary firm, Blackwater, Inc. Like the President, whose foreign policy decisions are compromised by his conflicting foreign financial interests, DeVos has significant financial interests that conflict with her obligation to serve the public interest as the nation's top education official.

Citing paperwork released by the U.S. Office of Government Ethics (OGE), the Center for American Progress notes DeVos "has [substantial] investments in companies that hound students to pay their federal loan debts." Unfortunately, DeVos was not confronted with that blatant conflict-of-interest during her Senate confirmation hearings because, according to the Center, Senators were not given access to the OGE records until after her confirmation process was completed.

In his August 2018 article in Forbes, Newton bestowed the "Queen of Debt" title after the Secretary of Education pursued policies that facilitated a rise in the level of U.S. student debt to an alarming $1.5 trillion.

One of the principle means utilized by the conflicted DeVos to inflate her own wealth, while burying an entire generation of defrauded students in insurmountable debt, was to indefinitely postpone the "Borrower Defense Regulations" that had been adopted in 2016 by the Department of Education under President Obama. Those regulations were supposed to have gone into effect in July 2017.

The "Borrower Defense Regulations" were enacted in the wake of the collapse of privately-held, for-profit colleges and universities --- worthless diploma mills, like the now defunct Corinthian Colleges and the infamously fraudulent Trump University. The scam artists of those private, ostensibly "educational" institutions rake-in exorbitant tuitions paid via direct loans their students are encouraged to obtain from the federal government. Unable to secure employment after graduating with their worthless diplomas from the disreputable private institutions, the students are left facing insurmountable debt, as taxpayers pick up the tab to cover the loans those former students are unable to pay back.

According to an October 28, 2016 Department of Education formal announcement, the Obama-era regulations were expressly designed to protect students and taxpayers from predatory institutions. The 2016 regulations included provisions for debt relief for victimized students and the elimination of contractual provisions by which predatory private schools compel students to waive their right to class action lawsuits and which force students to submit to private arbitration.

In successive rulings, U.S. District Court Judge Randolph Moss has now sided with defrauded student borrowers and against DeVos and the predatory "educational" institutions she invested in prior to becoming the U.S. Education Secretary --- a position that placed her in charge of overseeing regulations meant to clean up this fraudulent mess...

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By PDiddie on 10/21/2018 6:14am PT  

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Guest: Harvard Law's Michael Klarman; Also: Trump praises GOP Rep's violence against journalist at MT rally, as Khashoggi assassination roils...
By Brad Friedman on 10/19/2018 6:46pm PT  

On today's BradCast: It's no longer only political pundits and activists calling for Democrats to pack the U.S. Supreme Court by adding several seats as soon as possible, in the wake of the Republican Party's blatant theft of the high court majority. Esteemed law professors are now joining that call. [Audio link to show follows below.]

But, first up today, a word or two on the President of the United States' appalling celebration of violence against journalists at a political rally in Montana on Thursday night. To the cheers of his supporters, Donald Trump praised the criminal assault on Guardian journalist Ben Jacobs by Republican U.S. House member Greg Gianforte. The attack last year was carried out by Gianforte, and caught on tape, on the eve of his special election to the state's only U.S. House seat.

"Any guy that can do a body slam --- he's my kind of guy," Trump declared to laughter and wild applause from supporters at the campaign rally for Gianforte in Missoula on Thursday, lauding him as "one tough cookie." The Congressman initially lied to police after the assault, claiming that he was attacked by Jacobs. Later, after he won the election, and after a Fox News crew who witnessed the attack detailed what actually happened, Gianforte pleaded guilty to misdemeanor assault, apologized to Jacobs and paid a small fine in addition to performing 40 hours of community service and receiving 20 hours of anger management counseling.

Trump's disgusting --- and chilling --- praise for the violent attack against a reporter doing his job, comes amidst Trump's seeming support for Saudi Arabia following their reported assassination and dismemberment of Washington Post columnist and Virginia resident Jamal Khashoggi at the Saudi consulate in Istanbul two weeks ago. Journalists today --- including the Guardian's Editor and the head of the White House Correspondents Association --- are decrying Trump's support for violence against reporters, despite his sworn oath to protect and defend the Constitution's First Amendment. We decry it --- and the dark path where it's leading --- on today's show as well.

Next, we're joined by MICHAEL KLARMAN, the Kirkland & Ellis Professor at Harvard Law School to discuss his recent essay at the Take Care Blog, detailing "Why Democrats Should Pack the Supreme Court" if they are ever able to regain control of the White House and both chambers of Congress. The public conversation in support of expanding the number of seats on the high court --- which can be done statutorily, without a Constitutional Amendment --- has been intensifying in recent weeks. What had begun as a call from activists to restore a Democratic majority, stolen from them by Republicans in 2016, has quickly spread to academic and legal circles.

Klarman, the author of many books on American law and history and a former clerk to Ruth Bader Ginsberg, argues that, in addition to the GOP's historically unprecedented theft of the high court and his belief that Trump was likely elected only due to unlawful foreign interference, a host of radical actions by Republicans in recent years at both the state and federal level, leaves Democrats with only the choice to respond in kind. If not, he argues, it will be nothing less than "unilateral disarmament" and an act of "political suicide" for the party.

"It's not radical. It's responding to an extraordinary rightward shift in the Republican Party that is tearing apart the rules of democracy," he argues. "The Republicans have already packed the Court," so "unpacking" it, he says, would be warranted.

"There's a kind of sickness that's been spreading in the Republican Party for the last decade or two. It's certainly not true of all Republican voters, many of whom I think would be unaware of these things, and would have a problem with them if they knew about it," he tells me. "But the Democratic Party can't go on playing by the established norms and traditions of democracy when the Republican Party is willing to do anything to win. That's unilateral disarmament. It usually doesn't work out well for the party that disarms. So this is a fairly mild way to fight back."

"My argument is not that Democrats should control the Supreme Court at any cost --- I think that's the Republicans' position, [that] 'we get to control the Supreme Court even if it means stealing an appointment.' My position is their theft has to be offset, and put us back in the position that we ought to have been at if the seat hadn't been stolen."

He leaves the case of whether Dems should run on a promise to expand the Court, or wait until they gain back control before announcing such a plan, to political scientists, but he notes: "We're going to have to think creatively in order to rescue democracy. And that may mean occasionally fighting back in ways that Democrats don't gravitate toward naturally, and that they would prefer not to have to use at all in a normal political environment. But you can't just respond by disarming in the face of this incredible threat that the Republican Party is posing to the basic norms and institutions of democracy."

Finally today, more news on the ongoing allegations of attempted voter suppression, particularly in southern states once covered by the Voting Rights Act until the central part of the Act was gutted by SCOTUS Republicans in 2013. That, on the same day that Trump's former longtime lawyer and business partner Michael Cohen broke his media silence to plead with the American public to vote this November or face "another two or another six years of this craziness." And then we enjoy another musical close to today's show, this time from actress Jenifer Lewis, of ABC's Blackish, who explains, in song, why it's time to "Get your ass out and vote!"...

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Also: NC Elections Board found unconstitutional; FL Guv 'bends' election rules; Still more Repub lawmakers endorse Dems for Guv in WI, KS...
By Brad Friedman on 10/18/2018 6:35pm PT  

It's remarkable how one's thinking about global warming can change when a tree falls into your house, or your house is blown away entirely. Among the stories covered on today's BradCast [audio link to show is posted below]...

  • Some GOPers in North Carolina are rethinking their climate change denial in the wake of Hurricane Florence;
  • Also in NC, a state court panel finds the latest GOP scheme to restructure the state Board of Election to take away power from the Democratic Governor to be unconstitutional, but allows the Board to stay in place until after the midterms, when voters will be voting on a Republican Constitutional amendment to make the otherwise unconstitutional scheme legal. And a Republican county elections board appointee in NC is forced to step down after alleging that Democrats hope to make pedophilia legal;
  • In Florida, where the death toll following last week's Hurricane Michael has climbed to 35, Republican Gov. Rick Scott issued an emergency Executive Order [PDF] to "bend" state election laws to make it easier for voters in a number of storm-ravaged counties to vote in the November 6th midterms. The new rules for eight counties in the Republican-leaning Panhandle offer leeway to county officials to declare new early voting sites, send absentee ballots to addresses other than those on file for voters, allow voters without ID to vote on normal ballots, and allows early voting to continue right up until Election Day in the affected counties. All measures that the Florida Governor and his state Republican Party have charged in the past would result in voter fraud. But, with the termed-out Scott now in his own tight race for the U.S. Senate against Democratic incumbent Sen. Bill Nelson, he doesn't seem quite as concerned about it. (For the record, I'm in favor of these changes for voters, many of whom have had their polling places destroyed, or absentee ballots and IDs blown away in the storm. But it's a shame that Scott has shown much less concern for the voting rights of the rest of the state's more Democratic-leaning voters over the years.);
  • In Wisconsin, a fourth former Gov. Scott Walker administration cabinet secretary comes out against Walker to endorse his Democratic opponent Tony Evers in the state's very close gubernatorial contest;
  • And, in Kansas, a second former Republican Governor has publicly endorsed Democratic gubernatorial candidate Laura Kelly in her race against controversial Republican Sec. of State and GOP "voter fraud" fraudster Kris Kobach. Former KS Gov. Mike Hayden is just the latest in a long list of current and former GOP lawmakers who have endorsed the Democrat over Kobach in a race believed to be tied between the two (though independent Greg Orman's candidacy may very well serve to throw the election to Kobach).

Finally, Desi Doyen joins us for our latest Green News Report, with updates on Hurricane Michael, the topic of climate change finally being raised by journalists at a Texas debate for the U.S. Senate between Republican climate science denier Ted Cruz and his Democratic opponent Beto O'Rourke, and some news about the one thing that could end up changing many minds about the impacts of global warming...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/18/2018 11:37am PT  


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IN TODAY'S RADIO REPORT: Extreme rainfall events trigger deadly flash flooding in Texas and France; Death toll still rising after Hurricane Michael; Yep, global warming is coming for your beer; PLUS: In Texas debate for U.S. Senate, Beto O'Rourke and Ted Cruz are asked about climate change --- yes, climate change!... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): In North Carolina, hurricanes did what scientists could not: Convince Republicans that climate change is real; By 2035, the ‘great fuel switch’ will mark the end of the age of oil and gas, analysts expect; U.S. Greenhouse emissions fell In 2017 as coal plants shut; U.S. tornado hot spots are shifting from the Plains to the Midwest and Southeast; Plastic waste piling up in Japan after Chinese import ban; Mercury, PCBs still threaten Arctic and its wildlife, study shows; Utility spending on major Republican groups outpaces Democrats over 2:1; High-Stakes Fight Over Rooftop Solar Spreads to Michigan; Electric Vehicles: The Swiss army knife of the grid... PLUS: The next data minefield is your car: GM’s data mining is just the beginning of the in-car advertising blitz... and much, MUCH more! ...

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Guest: Voting systems expert Dr. David Jefferson on the myth of 'secure' blockchain voting; Also: Suppression continues in GA, ND, elsewhere...
By Brad Friedman on 10/17/2018 6:59pm PT  

On today's BradCast: Debunking the myth of "secure" Internet Voting schemes --- even with "blockchain" technology --- as West Virginia allows overseas military voters to use their mobile phones to vote for the first time in a general election. What could possibly go wrong? [Audio link to show follows below.]

But first up today, plenty is already going wrong for voters hoping to participate in midterm elections, whether via hand-marked paper ballot or, as in Georgia, where early voting began this week, on 100% unverifiable touchscreen voting systems at the polling place. We've been closely following voting in the Peach State recently, given the many voter suppression schemes that have come to light in the state this year, such as the recent purging of hundreds of thousands of voters from the rolls, the suspensions of more than 50,000 registrations for failing to exactly match names or addresses, down to the letter or punctuation, and an abnormally high rate of rejected absentee mail-in ballots.

Thus, it was disturbing to see a busload of elderly African-Americans from a county-run senior center blocked from voting on Monday (someone didn't like the "Black Voters Matter" bus they were using) in Jefferson County, and three-hour long lines to vote near Atlanta, on just the third official day of advance voting in the state. While some may see the reportedly huge early turnout as good news, there are also reasons to be concerned that state election officials, led by Republican Sec. of State and Gubernatorial candidate Brian Kemp, are under-prepared for what could be enormous turnout on Election Day. Several new lawsuits have now been filed against Kemp charging racially discriminatory election practices, as his race for Governor against Democrat Stacey Abrams, an African-American, is believed to be very tight.

Meanwhile, in North Dakota, Native American voting rights advocates say they will be posted outside of polling places with laptop computers in hand, ready to assign official addresses and new Tribal IDs to thousands of Native Americans who will now not otherwise be allowed to vote. The effort is in response to a U.S. Supreme Court ruling last week which permitted a last minute change to ID requirements sought by state Republicans hoping to unseat Democratic U.S. Senator Heidi Heitkamp this year. Some 5,000 voters who live on tribal reservations using P.O. boxes, rather than street addresses, are now blocked from voting under the new law, enacted in the wake of Heitkamp's 2012 victory by less than 3,000 votes.

But in West Virginia, officials believe they've got a sure-fire way to make sure overseas military voters are able to cast votes this year: Internet Voting via smartphone! The state is the first in the nation to allow such voters to cast a ballot via smartphone --- on a mobile app called Voatz, created by a private Boston-based technology firm --- in a live (and crucial!) general election. But, don't worry! The state and the Voatz company are quick to claim that their scheme is completely secure, since it "employs blockchain technology to ensure that, once submitted, votes are verified and immutably stored on multiple, geographically diverse verifying servers."

Blockchain, in short, is a widely distributed public ledger, or database, that is used to track Bitcoin and other cryptocurrencies. But, as long time voting system expert and Internet Voting critic DR. DAVID JEFFERSON of Livermore National Laboratory and of Verified Voting explains on today's show, the technology solves none of the many problems with using the Internet to cast votes in American elections, as he recently detailed at the non-partisan Verified Voting site.

Jefferson, an internationally recognized expert on voting systems and elections technology, has spent much of the past two decades advising five successive California Secretaries of State on voting technology. He has also been instrumental in helping to block a number of attempted Internet Voting schemes, including one he helped analyze (and stop in its tracks) as devised by the Pentagon during the George W. Bush era.

Today, he explains why use of blockchain technology, which he describes as a "fad", fails to make the Internet any more secure or auditable when it comes to American democratic elections. "All of the most serious threats to Internet voting occur before the ballot even ever gets back to the database or the blockchain," he tells me, detailing how malware on smartphones can change votes, how the authentication of the voter is also endangered by the use of such schemes and how, despite claims to the contrary by advocates of such technologies, the accuracy of results based on votes cast via the Internet can never be audited by the public after an election.

He's hardly the only technologist to decry the scheme. TechCrunch for example, recently called the Voatz app "a terrible, horrible, no-good, very bad idea", and Vanity Fair cited experts who describe the plan as a "horrifically bad idea". But, none of that has stopped either WV or Voatz from pressing ahead, even with this year's midterms (and potentially control of the U.S. House and Senate) on the line.

"The blockchain back end of it doesn't do anything more to secure an election than any of the other technologies do," Jefferson argues. "It doesn't even play a role until the very last stage of balloting --- after you've authenticated yourself, after you've made your ballot choices, after you've transmitted them back, only then does the blockchain play any role." And by then, he says, your vote may have been tampered with, and it's unlikely that you or anybody else would ever know.

"What if there is malware on the phone or the computer that the person is voting from? Malware that is exposing the person's vote to some third party, or is modifying the vote, or is just throwing the vote away without telling the voter, making him think he's voted but he hasn't voted. That malware is not affected by, and cannot be detected by, the blockchain or the back end at all."

"That vote may be blocked or thrown away, or otherwise disturbed by a denial of service attack, for example, on the server. A blockchain server is no more invulnerable to a denial of service attack than any other service," he warns, adding "there just isn't any possibility of auditability in any online voting system, and blockchains don't change that fact."

Jefferson's preferred technology for elections: "Hand-marked paper ballots." He details why on today's program, and also notes that newer technologies, such as Ballot Marking Devices (BMDs) that require voters to use touchscreen computers to print out their selections on a paper ballot --- which many jurisdictions (including Los Angeles, the largest in the nation) are moving towards --- present similar dangers when it comes to the authentication and public auditability of election results.

"I endorse your idea that if you're going to vote in person at the precinct, the best system is to use is hand-mark a paper ballot," he explains near the end of our conversation, allowing --- as I do --- that some voters may need assistive technology to vote, but that most voters do not. And worse, as we saw today at early voting cites near Atlanta, when computers are needed to vote, it can result in long lines and suppressed votes at the precinct.

"Only three or four voters per precinct can be voting simultaneously when you only have three or four ballot marking devices. With hand-marked paper ballots, you can get twenty voters voting in parallel if you have cardboard privacy booths around, and twenty cheap pencils. There are far fewer lines built up, and the cost is so radically reduced."

Finally today, a word or two from some older voters who would really REALLY prefer if young people did not bother to vote at all this year...

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Guest: Slate's Mark Joseph Stern; Also: Early voting fails on first day in GA; Adelson now owns the GOP; Death toll rising after Michael...
By Brad Friedman on 10/16/2018 6:38pm PT  

On today's BradCast: If you think the way the Republican Party has rigged and stolen the U.S. Supreme Court is appalling, just wait until you see what they're trying to do of late at a few of the state Supreme Courts! [Audio link to show is posted below.]

But, first up today: Donald Trump says the Crown Prince of Saudi Arabia told him he had nothing to do with the disappearance --- and, likely, murder --- of Washington Post journalist, Saudi citizen and U.S. resident Jamal Khashoggi at the Saudi consulate in Turkey. The Prince's word appears to be good enough for Trump, who went on to compare the situation to the allegations of sexual assault against now-U.S. Supreme Court Justice Brett Kavanaugh

Meanwhile, the midterm elections are now exactly three weeks away and early voting got underway on Monday in Georgia where, you'll be shocked to learn, it didn't go well. After our previous coverage of ongoing racially disproportionate voter suppression schemes under the command of GA Sec. of State and Republican gubernatorial candidate Brian Kemp (who is in a tight election contest with Democrat Stacey Abrams), and after very serious and years-long concerns about their completely unsecure, wildly hackable, and 100% unverifiable touchscreen voting systems, it appears that the electronic pollbook systems failed across Fulton County (Atlanta) on the first day of early voting.

In not entirely unrelated news, the GOP appears to now be a wholly owned subsidiary of Las Vegas billionaire Sheldon Adelson.

Then, we move to some of the insanity of several attempted state Supreme Court coups this week with Slate's legal reporter MARK JOSEPH STERN. Stern joins us to detail both some good news from the Florida state Supreme Court, regarding that state's Supreme Court, and an apparent Constitutional Crisis in West Virginia after a decision by that state's Supreme Court, regarding their state Supreme Court. If it all sounds nuts, it's because it is.

First, in Florida, outgoing Republican Gov. Rick Scott had vowed to name three new Justices to the Court, even though the Democratic-appointed Justices he planned to replace will not be vacating their seats, because of term limits, until after Scott officially leaves office in January. Stern reports the largely good news --- with a caveat or two --- regarding the Sunshine State's Supreme Court's unambiguous ruling last week that will leave the job of appointing three new Justice to Scott's successor instead (who will be either Democratic gubernatorial candidate Andrew Gillum or Republican Ron DeSantis, depending on how things go on November 6th.)

Then, things get far crazier at the West Virginia state Supreme Court, where the Republican state legislature, along with Republican Gov. Jim Justice, have been attempting a coup by impeachment of all five Justices on the state's 3 to 2 Democratic-majority Court. This story has more jaw-dropping twists and turns in it than I can possibly describe here --- including five temporary replacement Justices determining that at least one of the impeachments was unconstitutional under state law and the GOP-majority state Senate which hopes to move forward with a trial anyway...if only they could only find a Justice willing to preside over it, as required by the state Constitution.

Just tune in for the insane details on how, as in Florida, West Virginia Republicans are doing anything and everything they can to blatantly steal a Democratic-majority high court.

And, as if that's not enough, Stern then reports on the wildly hypocritical decision by the U.S. Supreme Court last week that will leave a new voter suppression law --- enacted by North Dakota Republicans --- in place for the November midterms. The ruling effectively changes the state's election law at the last minute before this year's general election and is likely to disenfranchise thousands of Native American voters. The ruling threatens to undermine this year's re-election chances of Democratic Sen. Heidi Heitkamp, who won her previous election in 2012 by just 3,000 votes, and could assure Republicans hold their control of the U.S. Senate along with it.

Yes, elections and Supreme Courts --- be they at the federal or state level --- matter!

Finally, Desi Doyen joins us for the latest Green News Report, as the long road to recovery begins and the death toll increases after the catastrophic Hurricane Michael, and as a bought-and-sold Republican Party --- from Marco Rubio in Florida to Donald Trump in the White House --- continue to deny the deadly and costly impacts of climate change on behalf of their fossil-fueled corporate owners...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/16/2018 10:48am PT  


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IN TODAY'S RADIO REPORT: Large swaths of the Florida Panhandle still awaiting help after catastrophic Hurricane Michael; Michael was the fourth 'major' hurricane to make U.S. landfall in the past 15 months; PLUS: Despite Michael's record-breaking destruction, Republicans are still denying the science and economic impacts of climate change... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): ‘Hyperalarming’ study shows massive insect loss; It could take mammals 7 million years to recover from humanity wiping them out; Study that failed to back Trump’s coal rescue plan is kept under wraps; Supreme Court deals final blow to lead paint manufacturers' years-long effort to avoid cleanup costs; Zinke eyes West Coast military installations for US fuel exports; Fracking begins in UK for first time since 2011; Disney theme parks are going green; ‘Lifeboats’ amid the world’s wildfires... PLUS: Climate deniers lose $10k bet on global cooling. You’re not surprised that they won’t pay, right?... and much, MUCH more! ...

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