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Latest Featured Reports | Monday, March 18, 2024
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GOP Voter Registration Fraud Scandal 2012...
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The Secret Koch Brothers Tapes...


Guest: Prof. Richard DeMillo of Georgia Tech's College of Cybersecurity; Also: MI's failed SoS candidate, now state GOP chair, sanctioned for bogus 2022 election lawsuit in Detroit...
By Brad Friedman on 6/14/2023 6:15pm PT  

We have been reporting for at least two years now on the analysis by the plaintiffs' expert in a Georgia voting system lawsuit said to reveal vulnerabilities so alarming that the U.S. District Court judge overseeing the federal case actually sealed the report, even from the plaintiffs themselves! On today's BradCast, that report is finally unsealed. [Audio link to full show follows below this summary.]

But, first up, just a quick reminder of what some folks on the right seem willing to do to try and game elections anyway they can possibly think of, even if it involves the Republican candidate for Secretary of State in Michigan using nonsense claims to sue to prevent voters in the state's largest city (Detroit) from being allowed to vote by mail. That's what Trump-endorsed SoS candidate Kristina Karamo did last year, before losing to the incumbent Sec. of State Jocelyn Benson by nearly 15 points. After losing, the conspiracy theorist Karamo "failed up" to be elected as GOP state chair. And, this week, she and several top state Republican lawyers and candidates were sanctioned for more than $58,000 for their wildly frivolous attempt to use the state courts to steal the 2022 election.

Meanwhile, some of us actual election integrity advocates continue to fight for actual election integrity that doesn't prevent any legal voter from casting a vote, and that attempts to make sure that all of those votes are known to have been counted as per every voter's intent.

Which brings us back to Georgia once again today, and the lawsuit that we have been covering for years now. In 2019 it resulted in a federal judge banning the state's 20-year old Diebold touchscreens after finding them to be (as we'd long argued), insecure and unverifiable. Shamefully, the state's Republican Sec. of State Brad Raffensperger defied the no-uncertain-terms advice from the nation's top voting system and cybersecurity experts and replaced them with new unverifiable touchscreen systems in 2020, rather than a simple, inexpensive, verifiable hand-marked paper ballot systems. Instead, Raffensperger purchased a $150 million touchscreen system made by Dominion with many of the very same vulnerabilities as the state's old Diebold touchscreens.

Frequent BradCast guest, Marilyn Marks of Coalition for Good Governance, a plaintiff in the case that succeeded in banning the old Diebold systems, expanded the suit to challenge Raffensperger's new Dominion systems, seeking to ban them as well (other than for disabled voters who wish to use them) in favor of hand-marked paper ballots. The expert for plaintiffs in the so-called Curling case, Dr. J. Alex Halderman of the University of Michigan, was then allowed to examine the new Dominion touchscreen Ballot Marking Device (BMD) systems. His report, however, finding multiple vulnerabilities was said to be so damning that it was sealed by U.S. District Judge Amy Totenberg and kept from both plaintiffs and the public for the past two years.

The U.S. Cybersecurity and Infrastructure Security Agency (CISA) --- which oversees the nation's critical infrastructure, including computerized voting and tabulation systems --- was allowed to review Halderman's sealed report last year. They were so alarmed they issued an advisory citing “vulnerabilities...that should be mitigated as soon as possible.” And yet, as we reported exclusively on The BradCast last month, even though Dominion has now completed and certified the necessary upgrades, Raffensperger's office has told Judge Totenberg that they plan to wait until 2025 --- after the critical 2024 Presidential election in the battleground state --- to install the security enhancements on the state's 35,000 voting machines and more than 35,000 printers, scanners, and election management computers that support them.

All of that is made even more alarming by the fact that the day after the January 6th 2021 insurrection at the U.S. Capitol --- as we have also been reporting on in detail over the past year --- a group of MAGA folks, organized by Trump attorney Sidney Powell, were allowed by members of Georgia's Republican Party and the Coffee County Board of Elections to breach the Dominion voting systems in the small rural county to make unlawful copies of the system software before distributing it over the Internet. It was part of a multi-state scheme that we now know to have been hatched in Trump's Oval Office in December of 2020. The matter is believed to be under investigation as part of the broad conspiracy probe by Fulton County D.A. Fani Willis into Trump's efforts to steal the state's election in 2020. But, in the meantime, the Coffee County breach has allowed these lawless rightwingers to find and potentially plan to exploit all of the vulnerabilities that Halderman discovered and lawfully documented two years ago.

These same flawed Dominion systems are also now used in more than a dozen states, though only Georgia mandates that every county use the same system and requires that every voter at every polling place cast their vote on one of these terrible, unverifiable touchscreens.

Which brings us to today's very big news. The U.S. District Judge overseeing the Curling case has finally allowed Halderman's report to be unsealed! It is now posted here along with a simplified, summarized analysis of his own report that he has now published here. The Coalition for Good Governance's press release and additional context on the unsealing is here. (They all take care to note that Halderman's report neither alleges nor supports any claims of election fraud in the 2020 election.)

Among just some of the report's disturbing findings, according to Halderman today: "We discovered vulnerabilities in nearly every part of the system ... The most critical problem we found is [a] vulnerability that can be exploited to spread malware from a county's central election management system to every BMD [touchscreen Ballot Marking Device] in the jurisdiction. This makes it possible to attack the BMDs at scale, over a wide area, without needing physical access to any of them."

He adds, "Our report explains how attackers could exploit the flaws we found to change votes or potentially even affect election outcomes in Georgia."

One vulnerability allows an attacker to simply place a USB drive into a slot to install malicious code that could modify the election definition file to change election results. Another allows voters to print as many ballots as they like. Another allows malware to change both QRCodes printed on the ballots, which are used by the system to tally votes, and to even change the text of the printed ballots themselves.

We're joined today to discuss all of this by longtime cybersecurity and voting system expert RICHARD DEMILLO, professor at the Georgia Institute of Technology, where he recently founded Georgia Tech's new School of Cybersecurity and Privacy. He formerly served as Chief Technology Officer at Hewlett-Packard, in a leadership position at the National Science Foundation, and on the board of the Verified Voting Foundation. He has also advised plaintiffs in the Curling case.

"What we learned," from Halderman's report, he tells me today, "is that these voting machines are approximately like every other computer that we have in our daily lives. They don't work all the time, they're subject to being hacked, they get misconfigured easily, they get lost, they get stolen, sometimes people use them for illegal activities. And all the assurances that we have from voting machine companies and Secretaries of State --- about how well these machines are curated, vetted and tested --- is what experts have known all along as just a bunch of crap."

"The level of naivete, I think, involved in managing this technology is mind-boggling," DeMillo argues, citing Raffensperger's resistance to hardening the systems --- or, better yet, moving to hand-marked paper ballots --- "as a personal affront to his abilities."

"The headline here is that the things that you worry about --- and, kind of embarrassingly, the things that the election deniers are setting their hair on fire about --- is pretty close to what the vulnerability is. With modest capabilities, someone who had resources could attack, in the case of Georgia on a statewide basis, and install malware that could change votes."

"The Sec. of State's office in Georgia is tied emotionally to this idea of Ballot Marking Devices," says DeMillo. "You would think that saner minds would prevail and they would step back and say 'Why don't we move to a technology that is safer? We know how to manage the risk that is hand-marked paper ballots.' Which, by the way, 70% of Americans use to cast their votes anyway."

So, will unsealing Halderman's report make the system more vulnerable or less so? That, and much more, is part of today's must-listen conversation with DeMillo...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Attorney, legal columnist Keith Barber; Also: Why do Rightwingers suddenly give a damn about OH's toxic chemical train derailment?...
By Brad Friedman on 2/16/2023 6:21pm PT  

We didn't learn much. But we learned a little. And the evidence, as discussed on today's BradCast, suggests there is much more to come. [Audio link to full report follows this summary.]

On Monday, Fulton County Superior Court Judge Robert McBurney ordered the partial release of the final report by the Special Purpose Grand Jury convened by Fulton County District Attorney Fani Willis last year. She is probing whether or not Donald Trump and his allies unlawfully pressured Georgia officials to change the 2020 Presidential election results to declare him the winner, despite his having lost to Joe Biden by about 12,000 votes.

Today, about five pages from that report were released, including its introduction, conclusion, and one section finding that "A majority of the grand jury believes that perjury may have been committed by one or more witnesses testifying before it."

After hearing "evidence from or involving 75 witnesses during the course" of their investigation, the 26-member panel (including three alternates) went on to recommend "the District Attorney seek appropriate indictments for such crimes where the evidence is compelling." They also determined "by a unanimous vote that no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election."

The portions of their report released on Thursday did not include any specific names, however, out of concern by both Willis and McBurney, of "fairness" to any potential future defendants. During the hearing on whether to release the report partially, in full, or at all, back on January 24, Willis asked McBurney to temporarily withhold the report "in the interest of justice and the rights of, not the state, but others," as she explained that charging "decisions are imminent."

Based on court documents, witness statements and other information, the Special Grand Jury, which completed its work in December, was believed to be examining phone calls made by Trump and others to Georgia officials, such as the notorious one from January 2, 2021, in which Trump was famously heard threatened the state's Secretary of State and instructed him to "find" enough votes to flip the election from Biden to himself; the state's 16 fake Republican electors who falsely declared themselves "duly elected and qualified"; false allegations of fraud presented to state lawmakers by Rudy Giuliani and others; Attempts to pressure election workers into falsely confessing to fraud; and the unlawful, secret duplication of voting system software by GOP operatives in rural Coffee County, among other things.

We're joined today for insight and analysis by KEITH BARBER, attorney and legal commentator formerly known as "KeithDB" at Daily Kos, who now writes at Medium. He explains that it was actually remarks from Judge McBurney on Monday, when ordering the partial release of the Special Grand Jury report, that leads him to believe the panel's full report recommends indictment of our disgraced former President.

"The biggest hint that it likely includes Trump is in the judge's decision ordering the release. In that decision," Barber explains, "the judge expressed special concern for the due process rights of potential defendants who did nothave an opportunity to testify before the grand jury. And, as we know, a whole lot of people testified, including Rudy Giuliani, Lindsey Graham, and many more. The one who did not have an opportunity to testify, who was never asked to, is Donald Trump."

In fact, as Washington Post observes, "At least 18 people have been notified that they are targets of the election interference investigation, according to court documents and statements from their attorneys." Giuliani has said he is one of them. The 16 fake electors were reportedly told the same. Who might the 18th be? Well, while Trump's legal team in Georgia stated that their client was never invited to testify, they refused to comment when asked if he'd been given notice by Willis that he's a target.

Another curious point we also discuss is that, despite Judge McBurney describing the full report as including "a roster of who should (or should not) be indicted, and for what, in relation to the conduct (and aftermath) of the 2020 general election in Georgia," the report's conclusion is on a page that is numbered as "9". Barber observes that a separate Special Grand Jury Report from 2012 [PDF], out of the state's DeKalb County, recommended charges for just one person. But that report was 83 pages in length. What does that mean? We discuss.

One potential explanation for the apparently short report from Fulton County, as I note, is that those that the Grand Jury recommendations for indictment may be listed in an Appendix to their report, which may come on pages numbered after the report's "conclusion" section.

We read those tea leaves and many others today, including why Willis' "imminent" charging decisions may be taking a while to become indictments. We also discuss the delightfully fascinating data point that Georgia's state Constitution bars the Governor (currently, Republican Brian Kemp) from issuing pardons. Only a state commission appointed by the Governor may do so, but only after the perpetrator in question has completed their sentence. Given that Willis may be working toward invoking the state's expansive racketeering statutes in this case --- which can add many years to state sentences when defendants are found to have participated in a conspiracy --- that could result in very long, unpardonable prison sentences for Trump, Giuliani, the fake electors (which included both GA's current Lt. Governor and the state's Republican Party chair) among others.

Also today, Desi Doyen joins us for our latest Green News Report on back-to-back disasters in New Zealand; more bad news for Antarctica's melting glaciers; and the bizarre flip of a switch that seems to have happened on Fox 'News' and (naturally) among Republicans regarding the horrific toxic chemical train derailment and explosion that happened about two weeks ago in East Palestine, Ohio.

Suddenly, they care about the health of nearby residents? The lack of regulations for the rail industry? (Which Trump rolled back after new rail safety rules were enacted by Obama, by the way.) They suddenly give a damn about the EPA not acting aggressively enough? Really? Well, not really, as we discuss before finishing off today with a few wise words on all of this from Trae Crowder, the Tennessee-born political comedian known as "the liberal redneck"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Campaign finance expert Brendan Fischer of Documented; Also: My ridiculous, couldn't-possibly-be-true George Santos theory...
By Brad Friedman on 1/25/2023 6:22pm PT  

On today's BradCast we focus on two different rightwing scammers: The Heritage Foundation and George Santos. [Audio link to full show is posted below this summary.]

The Heritage Foundation's decades-long effort to suppress the vote received a multi-million dollar boost following the 2020 election. Also, there is some new news today on what appears to be a fairly huge campaign finance violation by newly-elected Republican pathological liar, Rep. George Santos. But is it possible that Santos' scam is larger than anybody seems to yet appreciate?

We're joined today to discuss both scammers by BRENDAN FISCHER, one of the nation's foremost campaign finance experts who now serves as Deputy Executive Director for Documented, an investigative watchdog and journalism organization.

For some time, Fischer's group has been digging into and exposing the multi-state, multi-million dollar campaign by the rightwing Heritage Foundation's political action offshoot, Heritage Action. The "dark money" group has been pushing new voter suppression bills through swing-state legislatures with copy and paste "model legislation" in the wake of false claims of fraud in the 2020 Presidential election. Their work is often disguised --- as Executive Director Jessica Anderson was caught boasting to donors about in a 2021 video tape --- to have that "grassroots, ya know, from the bottom-up type of vibe."

Documented recently unearthed Heritage's four-page "Election Integrity Plan" [PDF] from 2021. It details the effort to push restrictions on voting through state legislatures after "in some cases, we actually draft" the bills for them, as Anderson, a former Trump official, is seen bragging to donors on that tape.

"Iowa's the first state that we got to work in," she explains, "and we did it quickly and we did it quietly. Honestly? Nobody noticed!" Anderson also cites "eight key provisions" the group supposedly was able to get into Georgia's controversial 2021 voter suppression measure, SB202, which was quickly signed into law --- supposedly at Heritage's urging --- by Gov. Brian Kemp.

IA and GA were two of "19 states [that] passed 34 laws restricting access to voting" in 2021, according to the Brennan Center for Justice that year, more than in any year since they began tracking such legislation in 2011.

Earlier this month, in addition to obtaining and publishing Heritage Action's "Election Integrity Plan", Fischer joined with Ed Pilkington at The Guardian to detail the organization's previously-unreported tax filings from 2021 [PDF], detailing more than $5 million in outside lobbying services in at least 24 states. That, after spending $0 on outside lobbying the previous year. The anti-democracy "dark money" outfit also spent more than $6 million on contractors for "marketing and advertising" in 2021, a substantial increase from the year before. The expenditures including more than a million dollars spent in support of GA's bill alone. In all, as Fischer and Pilkington report, Heritage's "Election Integrity Plan" earmarked at least $24 million to push these measures in at least eight swing-states over the past two years.

In addition to efforts to adopt restrictions on voting in the states, Heritage also worked to block legislation that would protect voting rights at the federal level. "The millions of dollars that Heritage Action spent in 2021 included substantial expenditures to pressure [Senators Joe] Manchin and [Kyrsten] Sinema in order to not reform the filibuster and thwart democracy reform legislation," Fischer tells me today.

"In West Virginia, in particular, they also did it with drummed-up fake grassroots activity," he explains. "Heritage Action and other groups organized buses to bus activists from out of state to West Virginia for a rally that was intended to 'save the filibuster' and protest Manchin's potential openness to changing the filibuster rules." It worked. Manchin and Sinema refused to reform the Senate's anti-democratic filibuster rule to pass the landmark Freedom to Vote Act in 2021. That measure would have been the most comprehensive voting rights and campaign finance reform measure since the 1960s. And, yes, as Fischer notes, the bill would have also "ended dark money!"

We've got a lot more to discuss along those lines with Fischer today. But, as long as he was here, there was an unrelated matter I wanted to get his thoughts on.

On Tuesday night, newly elected Republican Congressman and unrepentant liar George Santos amended several of his campaign finance disclosure documents. Santos had previously claimed in FEC disclosures that he had loaned his own campaign some $700,000. That was already suspicious, given that two years earlier, Santos claimed to have been making about $50,000/year. But, as The Daily Beast's Roger Sollenberger noticed on Tuesday, his amended forms now claim the funds did not come from him personally --- though they don't explain where the money actually did come from. Any campaign donation that large from someone other than the candidate would be an unlawful contribution.

While the Santos campaign seems to be admitting to what Josh Marshall characterizes as "major crimes" in their new filings, I have a different, completely ridiculous, couldn't-possible-be-true theory to ask Fischer about today: Is it possible that nobody actually gave $700,000 to Santos' campaign? That it was a paper claim only? There was no such loans at all?

Of course, that seems absurd, but this is George Santos we're talking about. More to the point, it should be noted that last year Sen. Ted Cruz (R-TX) successfully won a case at the corrupt U.S. Supreme Court which held that personal loans made to campaigns by candidates could actually be paid back after the election, in unlimited amounts, by anyone else. Lobbyists, etc. Is it even possible that Santos could have claimed to have made those personal loans to his campaign but that no money was actually ever given to his campaign at all? Allowing him to be "repaid" later by others after the election? It would certainly be a swell way for a wayward conman like Santos to make a cool $700,000, no?

I pose the question about this to Fischer with the full expectation that I'll be told there's no way something like that could have happened without it being discovered by officials long ago. Tune in to hear his response...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: GA election integrity expert, observer Jeanne Dufort; Also: Dems unite behind new House leadership; Bills passed to help avert rail strike; Meadows ordered to testify in GA...
By Brad Friedman on 11/30/2022 6:24pm PT  

As early voting records are smashed and lines are obscenely long once again in advance of Tuesday's U.S. Senate Runoff Election Day, today's BradCast offers a maddening reminder of why we've been covering Georgia elections, in such detail, for so many years. [Audio link to full show follows this summary.]

Thanks to state Republicans who cut the time for runoff elections by more than half after the 2020 elections, voters across the GA are now forced to wait in hours-long lines to vote early this week in the contest between incumbent Democratic Sen. Raphael Warnock and Trump-backed former football player and unapologetic liar Herschel Walker. While early voting records are being broken, as we detailed yesterday, much of that is thanks to the GOP's SB202 voter suppression bill [PDF], adopted last year by the state legislature, supported by its Republican Sec. of State Brad Raffensperger and signed by its Republican Governor Brian Kemp.

Where Peach State voters had as many as 17 early voting days in the November 8 elections, they now have no more than 7. And with the compressed time between the general and the runoff, few are able to request, receive and return absentee mail ballots in time. Instead, voters are now being forced to stand in line to vote at polling places on the state's 100% unverifiable touchscreen computer voting systems.

We're joined today to discuss that and much more by longtime election integrity champion JEANNE DUFORT of the Coalition for Good Governance. Dufort has served as Georgia election observer for many years, representing both the Democratic and Libertarian Parties at various times in the Peach State's rural, Republican-leaning Morgan County. She is also a named plaintiff (Full Disclosure: Along with me!) in the Coalition's lawsuit challenging several of the many disturbing provisions of SB202.

Dufort offers insight today from on the ground on how things went for voters on November 8, with most of SB202's voting restrictions in place; why it's now so difficult to vote there once again in the runoff; and why voters should be concerned about the ability to know if results reported next week by Raffensperger's insecure and unverifiable touchscreen systems --- forced on voters at every polling place, instead of verifiable hand-marked paper ballots! --- will actually reflect the intent of state voters.

"You can break all the daily [early voting] records that you want and still not have enough capacity for everybody who wants to vote," she explains. "All of the bottlenecks are at check-in. They haven't been able to figure out how to get enough check-in stations to get 17 days-worth of early voting, plus people who would prefer to vote by mail but don't think they can" into the short early voting period now allotted by SB202. "Compressing all that into these seven days is ten pounds in a five pound sack."

In addition to check-in bottlenecks, the computerized voting systems don't make any of it easier or faster, particularly in an election with one single race on most ballots across the state. "It would be faster if they handed them a ballot and just marked it. That would be faster than putting the card into the machine, bringing it up, tabbing through the things, do the check and waiting for the printer. It's just stupid. When you think about marking a ballot by a pen and then watch the process on a machine, it seems amazing that somebody would spend $3,000 on a machine to do what a $1 pen would do. But here we are."

As usual, there is much much more to discuss with Dufort about all of this today!

Also on today's program...

  • "Dems in array!" In a rare display of unity on the left, House Democrats voted unanimously on Wednesday for their new leadership beginning in January. New York's Rep. Hakeem Jeffries will be the first black American to head up a major political party in Congress, taking the reigns following Nancy Pelosi's historic tenure as she and the rest of the party's longtime leadership team step aside to allow a new, younger generation to take over. All of that by way of contrast with the chaos on the GOP side and whether Rep. Kevin McCarthy will be able to muster enough votes from his own caucus to become the new Republican House Speaker next year.
  • With Pelosi still serving as Speaker in the lame duck session of Congress, the House passed two bills today to try and help avert a rail strike that would cripple the nation's economy. With 4 of 12 rail unions opposing a new contract negotiated with the help of the White House in September --- granting a 24% pay raise to workers, but failing to allow for paid sick days --- a bipartisan bill would force the agreement to be adopted. A second bill passed by all Democrats and only three Republicans in the House on Wednesday would mandate seven paid sick days per year. Whether either measure can now be passed in the Senate, where approval by 10 Republicans would be needed to overcome a filibuster, remains to be seen.
  • And, in a unanimous three-paragraph ruling late Tuesday, the South Carolina Supreme Court ordered Trump's last Chief of Staff, Mark Meadows, to testify before the Special Grand Jury in Atlanta convened by Fulton County District Attorney Fani Willis to probe the Trump-lead conspiracy to strong-arm GA election officials into changing the 2020 results in his favor. Meadows argued he didn't have to testify due to executive privilege. SC's Supreme Court tersely responded in their order: "We have reviewed the arguments raised by [Meadows] and find them to be manifestly without merit." Ouch...

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How the Uvalde school shooting came to happen, who must be held accountable, and what must come next; Also: Noteworthy results from Tuesday's midterm primaries in AL, AR, GA and TX...
By Brad Friedman on 5/25/2022 5:55pm PT  

On today's BradCast: While seemingly separate issues, the school shooting in Texas on Tuesday and the same day's midterm primary elections aren't separate issues in the least. [Audio link to full show follows this summary.]

On Tuesday, at least 19 fourth graders and two teachers were murdered at the Robb Elementary School in Uvalde, Texas. As in Buffalo, New York just over a week ago, the shooter in TX was 18-years old, armed to the teeth with sophisticated semi-automatic weaponry, wearing body armor and able to easily overcome "a good guy with a gun." In Buffalo, the "good guy" was an ex-cop turned grocery store security guard who was killed trying to stop the gunman. In Uvalde it was a school security guard and two local cops --- three law enforcement officials in all --- who were unable to prevent the gunman from battling his way into the school to use the two AR-15 style assault rifles and nearly 400 rounds of ammo that he'd just purchased immediately upon turning 18 this month. All of that, thanks to the Republicans in Texas, from the Governor to the state Legislature to the Attorney General to the state's voters, who made it all not just possible, but easy.

While so much of this has become normalized, none of it actually is. We cover a lot of territory on all of this today, from the Federal Assault Weapons Ban that worked well from 1994 to 2004, before Republicans, by then fully captured by the gun lobby, allowed it to end; to President Biden's emotional and at times angry remarks in response; to the horrific increase in recent years in crimes carried out with these types of weapons; to the pathetic statements from Texas' chief law enforcement official Attorney General Ken Paxton and its Governor Greg Abbott who both worked hard to make all of this carnage not just possible but much more likely; to responses from Abbott's Democratic opponent this November, Beto O'Rourke and even the Golden State Warriors head coach Bill Kerr; to a sobering reminder from Richard Nixon's conservative Republican U.S. Supreme Court Chief Justice Warren Burger in 1991, when he made it clear that 2nd Amendment has been the subject of "one of the greatest frauds every committed on the American people."

While the demons at the NRA and in the Republican party and on the GOP's stolen and packed Supreme Court all share in the blame, so do we the people for continuing to elect the (mostly) Republican lawmakers who have helped to ensure these unspeakable tragedies will continue by refusing, for decades now, to take any legislative action at all to prevent them.

The ballot box is now our only way out.

To that end today, we also cover noteworthy results from Tuesday's critical primary elections in Alabama, Arkansas, Georgia and, yes, the very bloody state of Texas...

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State's latest GOP fraud includes 68,000 forged petition signatures from 5 of 10 Guv candidates; Also: GA website change blocked thousands of voter registrations last year; Another horrific school shooting in TX...
By Brad Friedman on 5/24/2022 6:36pm PT  

On today's BradCast: It's hardly the first time this has happened in Michigan. But now it may take down a whole bunch of the GOP's top nominees for Governor in 2022 all at once. If you're wondering where the "massive election fraud" is, look no further than the Republican Party in Michigan. [Audio link to full show is posted below this summary.]

But, first up today, it's midterm primary day in Alabama, Arkansas and Georgia, with a couple of midterm primary runoffs of note in Texas. We'll have full results (or, at least, noteworthy and available ones) on tomorrow's show.

The good news today is that we've found few reports, so far, of voting or voting system problems in the states holding elections on Tuesday, though there were a few reported failures, naturally, of GA Sec. of State Brad Raffensperger's 100% unverifiable touchscreen voting systems in the Peach State, preventing some from voting when polls opened in several different (Democratic-leaning) counties.

In other GA-related election news today, the Atlanta Journal Constitution reports that a change made in January last year to the website at the state's Department of Driver Services resulted in a huge drop-off of new voter registrations. State law requires automatic registration on the Department's website whenever someone applies for a new license or changes their address. The program had been a tremendous success when first implemented in 2016. Last year, however, the Department changed the format from an automatic registration, unless the user chooses to "opt-out", to a form where users are asked to chose "yes" or "no" to register. This March, after reports of registrations at the site falling over a cliff in 2021, the old "opt-out" format was restored and registrations immediately sky-rocketed in April. Nonetheless, Raffensperger, as he runs for reelection this year, has called for doing away with automatic voter registration entirely.

Shamefully, that would make it both more difficult to register and more difficult to keep voter rolls up to date with accurate addresses as voters move around the state. Keeping registrations in sync with voters' latest address is a good thing for those of us who believe in accurate rolls. Apparently, if Raffensperger's recent comments on this are any indication, Republicans only pretend to care about such things.

They also only pretend to care about election fraud, it seems, if the enormous election fraud scandal breaking wide open this week in Michigan is any indication.

Ten years ago we reported on a signature petition forgery scandal by a sitting U.S. Congressman in Michigan. Four of his top staff members were found to have falsified most of the 1,000 signatures needed for his reelection bid (which he eventually abandoned after not receiving enough valid signatures). The staffers of then-U.S. Congressman Thaddeus McCotter were charged at the time with a total of 12 felonies and 21 misdemeanor election fraud charges.

Now, a decade later, complaints were filed last month against three top GOP Gubernatorial candidates charging that their petition signatures were riddled with forgeries, including people who had died. On Monday, the state's Bureau of Elections, after investigating the complaints, issued a shocking report finding that that 68,000 fraudulent signatures had been submitted by ten GOP Gubernatorial campaigns! At least five of them appear not to have submitted enough legitimate signatures to qualify for the ballot.

The Bureau's investigation [PDF] found the two front runners for the Republican nomination each appear to have failed to submit the 15,000 legitimate signatures needed to qualify for this year's ballot. The campaign of James Craig, formerly Detroit's Police Chief, submitted more than 11,100 fraudulent signatures, and businessman Perry Johnson's campaign allegedly submitted more than 9,000 forgeries. Though both submitted more signatures than needed to qualify, neither were able to turn in 15,000 valid ones.

The Bureau also found that Gubernatorial hopefuls Michael Brown, Michael Markey and Donna Brandenburg also fell short of the required 15,000 valid signatures, with each submitting more than 10,000 fraudulent ones on their petitions.

This Thursday, Michigan's four-person Board of State Canvassers meets to determine which candidates will be allowed on the state's August 2nd midterm primary ballot. The Board is made up of two Republicans and two Democrats. Candidates will need at least three votes of the Board to qualify. As one of the original Democratic complainants said, "All indications are, it's going to be a long meeting Thursday."

(All of this comes, ironically enough, after a "crazy" state GOP convention last month where party officials selected two Trump-backed 2020 election deniers to be the party's nominees for Sec. of State and Attorney General. Each maintain that the election was stolen in Michigan from the disgraced former President, who was defeated by Joe Biden there by more than 150,000 votes.)

Next time you are told that Democrats are committing "massive election fraud" (despite the lack of evidence to support the claim) feel free to point them toward this matter, after 5 of the 10 Republicans running for Governor in Michigan in 2022 were all found to have submitted thousands of fraudulent signatures in hopes of qualifying for the ballot. Or, you can point them to the story we wrote ten years ago about the same problem in Michigan back then. That report also included evidence of election fraud crimes by a whole bunch of other top Republicans at the time, from then-former MI Governor, now Utah's U.S. Senator Mitt Romney, to former U.S. House Speaker Newt Gingrich, to Indiana's former Sec. of State Charlie White, to former GOP superstar Ann Coulter (and many others).

We had hoped to wrap up today's show with our latest Green News Report, which includes some very good news indeed about a huge increase in the sale of electric vehicles and even better news about climate and last weekend's Australian elections. Unfortunately, news of the latest horrific school shooting in Texas broke while we were on air, and we close today with some of that tragic, breaking news...

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Guests: Susan Greenhalgh of Free Speech for People; Ian Patton of Long Beach Reform Coalition; Also: Atrocities in Ukraine, in the U.S. and why protecting democracy remains more important than ever...
By Brad Friedman on 4/4/2022 6:59pm PT  

We all woke up to atrocities on Sunday. In Ukraine and in Sacramento, California. Russian war crimes in Europe and another mass shooting in the U.S. On today's BradCast, we detail the atrocities in both places before turning to the fight for the only thing that still has a chance of stopping them: democracy. But we can't have democracy without voting systems the public can oversee, and that remains a huge problem, even in our own home county of Los Angeles. [Audio link to full show is posted below this summary.]

First up, some of the newly revealed, gruesome details and evidence of war crimes allegedly committed by fleeing Russian troops against Ukrainian civilians in newly liberated towns, villages and suburbs outside of Kyiv. Despite being witnessed by independent journalists and catalogued by outside watchdogs like Human Rights Watch, which describes some of the crimes as "unspeakable, deliberate cruelty and violence against Ukrainian citizens," including "rape, murder, and other violent acts," the Russian Government contends the charges are "fake" and little more than "stage-managed anti-Russian provocation." In response on Monday, President Biden reiterated his belief that Vladimir Putin is a "war criminal."

The gruesome body count in the U.S. also continued to mount over the weekend, as another mass shooting, this time in downtown Sacramento, left six dead and more than a dozen injured after "at least fifty rounds" were "fired right into the crowd" with high-powered weaponry during bustling Saturday night revelry, according to an eyewitness. That, just one day after Georgia's legislature passed a new law allowing concealed weapons to be carried pretty much anywhere without the need for a license. They are the 23rd state to do so. Our gun violence epidemic is getting worse, not better, as Republicans refuse to allow any action that might lessen America's shamefully continuing scourge.

But tyranny is not going to defeat itself. Not in Ukraine. Not in the U.S. To that end, we remain vigilant in our efforts to help the public try and oversee this year's critical mid-term elections. Unfortunately, problems with our un-overseeable and unverifiable voting systems continue into yet another election year in so-called "red" and "blue" states alike. While the GOP is actively undermining democracy with new voter suppression laws in "red" states, vulnerable electronic voting and tabulation systems remain a huge problem across the nation.

Back in 2020, Los Angeles County deployed a new, unverifiable touchscreen voting system called "Voting Solutions for All People" (or, VSAP) across the nation's most populous voting jurisdiction. Some ten years in development by the County's Registrar-Recorder/County Clerk Dean Logan, the new touchscreen Ballot Marking Devices (BMDs) failed spectacularly in that year's Super Tuesday Presidential Primary, leading to long lines and questions about the results. The VSAP system had been conditionally certified by the Secretary of State just weeks before their first county-wide use, after state testing discovered about 30 different violations of California Voting System Standards.

The County was required to correct the violations detailed in the Conditional Certification in the months following the election, though they failed to do so in many cases --- for years. Now, the County is seeking state certification of VSAP v3.0 but, according to our guests today, has still failed to correct a number of critical security issues that failed more than two years ago.

We're joined today to discuss these concerns in advance of California's June 7th mid-term primary elections by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit Free Speech for People and by IAN PATTON of the Long Beach Reform Coalition (he is also now running for the Long Beach City Council). Both recently wrote a letter [PDF] to California Sec. of State Dr. Shirley Weber, detailing uncorrected security issues in the VSAP system and urging her to force L.A. County to fix them before issuing certification to the newly updated voting and counting system yet again.

We invited L.A. County's Registrar Dean Logan --- the VSAP system is his brainchild --- to join us as well, after his office recently described Greenhalgh's public testimony on her concerns about certification for VSAP 3.0 as "mis- and disinformation". In declining to join us today, Logan once again accused Greenhalgh and Patton of "mis-stating facts" and took a swipe at the election integrity advocates by smearing them as if they were part of Donald Trump's mob of conspiracists offering evidence-free claims of fraud since his loss in 2020. Logan charged the documented concerns detailed in Greenhalgh and Patton's memo to the Secretary "contributes to further the false narrative about elections integrity and transparency that is pervading the country."

For her part, Greenhalgh has been an expert in elections security, integrity and transparency for decades. Patton had represented the Long Beach Reform Coalition in a lawsuit against the VSAP systems long before Trump's 2020 sore loser act, when a ballot initiative in Long Beach failed by just 16 votes. After the Coalition raised tens of thousands of dollars to pay for a recount of that initiative, they were informed by Logan that the price would, in fact, be hundreds of thousands of dollars instead-- to count just a few thousand votes. The reason, as we reported at the time, is that the new VSAP system is deployed at Voting Centers across the County, which have replaced community precincts. That means that Long Beach voters may vote at any Voting Center in the County, where more than 4 million cast ballots in 2020. Logan attempted to charge the Coalition for the hours and hours it would have taken the county to cull through some 4 million ballots (computer-marked by VSAP and hand-marked by mail voters) in order to find the ones cast by Long Beach voters at any of the hundreds of Voting Centers in the County. Of course, this is just another problem with the Voting Center model, particularly in large counties like L.A. The ballot initiative that is said to have passed by 16 votes never did receive a hand recount to make sure the results were accurate.

Greenhalgh details the security vulnerabilities that remain in the VSAP system, despite state requirements that they be corrected by last year. She was also surprised to hear that Logan claimed in his email to us that "the VSAP 3.0 upgrade is over and it has been approved by the Secretary of State."

"I'm disappointed that the Secretary is not taking further action to enforce these requirements, to really require LA County to meet them," she tells us. "Also it hasn't been updated on the website, that it's already been approved. That's not public information yet." We'll just take Logan's word for it, I guess.

For his part, Patton explains the aborted recount effort in Long Beach ("I'm not a conspiracy theorist in any way," he notes. "We have never alleged a rigged election. We were just talking about the facts. The facts are this was an extremely close election, and we were just not allowed to have a hand count."); the fact that L.A.'s $300 million voting system was promised to be the nation's first open source system (but has yet to disclose any of its source code); and whether he feels confident that his election for City Council this year will be accurately tallied under the still-unverifiable and virtually unrecountable new systems.

"We can speak very factually and say that vulnerabilities don't equate to a stolen election," Greenhalgh asserts, before describing Logan's smears as "extremely disheartening." She described the comments as "a new low to hear somebody try to smear and tar real serious questions, real serious issues that need to be addressed. We still have serious security issues in our election systems that need to be fixed. We all need to pull together to fix them. And if we are having election officials refuse to address those problems by dismissing them improperly as mis- and dis-information, there's two problems with that: We're not going to actually fix the problems, but also we have a crisis of confidence in our election system right now. And when somebody in a position of power says something that is pretty easily proven to be false....they're not going to have a lot of confidence in his ability to run an election. And we can't afford that. He needs to be honest."

Logan never did cite any specific claims from Greenhalgh and Patton's concerns that he believed to be misinformation, despite my repeated query. He has a standing invitation to join us on the show any time to do so. Hiding behind false claims by rightwingers of "stolen elections" is unbecoming of a public official, particularly when the very specific concerns in question are legitimate and publicly well-documented.

There is much more discussed about all of this on today's show, and the concerns about similarly unverifiable touchscreen Ballot Marking Devices now in use across the country, along with the similarly problematic Voting Center model replacing community precincts in other counties and states.

California's primary this year is on June 7th. Cross your fingers that things work out. Good luck even being able to figure out afterward is they did or didn't...

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Guest: Dr. Matthew Boedy of the Univ. of North Georgia; Also: Shatner in space; Workers have had enough; Biden's big new off-shore wind plan...
By Brad Friedman on 10/13/2021 6:56pm PT  

On today's BradCast: We're nearly two years into this seemingly endless pandemic. If you happen to teach at a college or university in a "blue" state and have been vaccinated, you can probably go to work each day feeling relatively safe. If you work at a "red" state university, however, the story is very different. That, of course, is thanks to the twisted politics of our former President and those who either fear his wrath or have been brain-poisoned enough to put their own families and communities at risk because of it. [Audio link to full show follows this summary.]

But, first up --- mostly for Desi and other Trekkers like her --- we spend a few minutes on William "Captain Kirk" Shatner after he oldly went were a few have gone before. But while Shatner got a free ride to the edge of space for three minutes on Wednesday, courtesy of Jeff Bezos, it only serves as a reminder of the many essential, working class grunts who actually paid for his trip. On the other hand, some of Shatner's remarks upon return to Earth also remind us of our fragile climate and thin blue atmosphere that keeps us alive, even as we treat it like a garbage dump.

Speaking of essential workers, new data from the Labor Department this week reveals many are quitting their jobs in droves, particularly those forced to come face-to-face with an angry, frequently privileged, sometimes violent, often mask-free public right now in low-wage service jobs at bars, restaurants, hotels and retail outlets. The record number of workers quitting to look for better working conditions in August comes as businesses are struggling to find workers, with some employers --- gasp! --- forced to offer higher wages and benefits to stay in business.

But while it may be easy enough to leave one bartender job for a better one at an establishment that takes better care of its workers, it's not quite as easy for those who teach at colleges and universities. We've all seen endless videos of furious parents at local school board meetings, threatening school officials if they dare institute mask mandates to help keep teachers and children --- and their furious parents --- safe. But we've heard less about higher education faculty whose institutions, often in Republican-leaning states, find themselves at the mercy of GOP Governors mandating anti-masking rules or state-run boards (often controlled by the same rightwing politicos) who refuse to hear the pleas of college and university students and faculty alike.

Late last month, for example, more than 50 faculty members at the University of Georgia, many with expertise in the study of infectious diseases, signed a faculty statement declaring: "In order to protect our students, staff and faculty colleagues, we will wear masks and will require all of our students and staff to wear masks in our classes and laboratories until local community transmission rates improve, despite the ban on mask mandates and the USG [University System of Georgia] policy to punish, and potentially fire, any faculty taking this action."

We're joined today by DR. MATTHEW BOEDY, Associate Professor of Rhetoric and Composition at the University of North Georgia in Gainesville. He also serves as the Georgia chapter President of the American Association of University Professors (AAUP), where eight national chapters recently urged the federal government to step in to help keep faculty and students safe at public universities were Governors and school boards will not.

The USG is governed in the Peach State by the Board of Regents, many of whom are appointed by the sitting Republican Governor. "They generally follow the Governor's wishes in terms of policies," Boedy explains. But last year, "they pushed him aside and gave us a mask mandate when Gov. Brian Kemp said he didn't want any mask mandates." The rule was repealed in June, however, as the pandemic momentarily ebbed. "Then Delta came, and we desperately needed [another mask mandate], and they refused to have one because they weren't going to push aside the Governor a second time, especially in terms of how heated it has gotten. The Governor, of course, has banned mask mandates around the state."

As an expert in rhetoric, I asked about the irony of Republicans opposing mandates by instituting mandates against mandates. "The groups on the right and politicians on the right will use words in opposite of their intended meaning or their usual meaning to get what they want. They don't like mandates, but they'll push mandates in another way. It is truly cognitive dissonance," Boedy asserts. "And it just shows that this is not driven by science, it's not driven by common sense. It's not even driven by any type of logic that I can follow, because if you speak to these people, they just change in any direction that is against what you're saying. "

"As a rhetoric teacher," he continues, "I'm teaching a class on misinformation, and I'm doing it for this reason. It's just really difficult to get beyond the cognitive dissonance, and I'm trying to teach people not just to recognize it but to find rhetorical ways to persuade people who seem to not want to be persuaded." We wish him luck.

In the meantime, Boedy also details the actions that the AAUP has taken to try and get help for "red" state universities from government officials and the responses they've received from elected officials both at the state and federal level. He notes that in a state where "collective bargaining is barred by state law," they don't have unionized power behind them, but they had considered walkouts anyway, before deciding against it. At least for now. "We didn't want to punish our students for the deplorable actions of our university administration.  We didn't want to walk out. We didn't want to stop class. We didn't want to add to the punishment their getting with the lack of masks," he says. "What we're trying to do is keep up public pressure --- I call it a public shaming of our university leaders --- and hopefully, they respond. So far, sadly, they have not."

Boedy says, however, that they may get some help from the Biden Administration's Department of Education. In the meantime, we happened to catch him on "a dark day" for higher education in Georgia. On Wednesday, the Board of Regents made conditions arguably worse for professors in the University of Georgia System, as they voted on Wednesday to approve a new tenure policy allowing tenured professors to be fired without faculty input. "What we have now is tenure in name only," Boedy explains. "They erased the due process protections for a particular group of professors, ending tenure protections for them. So, the dominoes can certainly fall after that to the rest of us. But it is, yes, the death of tenure and due process in Georgia."

Finally, after a week or two of reporting on the recent oil spill off the coast of Southern California in Orange County on this show, some much brighter, somewhat related news. "The Biden administration announced on Wednesday a plan to develop large-scale wind farms along nearly the entire coastline of the United States, the first long-term strategy from the government to produce electricity from offshore turbines," according to the New York Times late today. We happily discuss...

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Guest: Voting rights champion Helen Butler of The People's Agenda, after her GOP removal from Morgan County, GA's Board of Elections; Also: More tragic ends for COVID vaccine refusers; More evidence that AZ's election 'auditers' are clueless...
By Brad Friedman on 7/21/2021 6:49pm PT  

We've been reporting for months on the voter suppression laws being adopted by Republican-controlled states around the nation. But, in addition to disproportionately blocking minority groups from access to the ballot, we've also warned that many of these GOP state laws allow for the removal of qualified election officials, for virtually any reason, and replacement with partisans who may now undermine election laws and overturn election results. One of those longtime election officials who has just been removed in Georgia following the passage of the state's SB202 suppression law --- a woman who also happens to be a fierce, longtime voting and civil rights champ --- joins us on today's BradCast. [Audio link to full show is posted at end of this summary.]

First up, however, it's like the early days of the pandemic all over again in a number of very sad ways. Today, we have more sad news of misinformed, Trump-loving Republican COVID deniers and vaccine refusers who believed the pandemic was a hoax, and who are now tragically --- an unnecessarily --- being felled by the virus, despite the widespread availability of life-saving vaccines in the U.S. One doctor in Alabama wrote this week about sick patients begging for the vaccine, just before being intubated and told "it's too late."

Next, we add one important point to our detailed fact-check on yesterday's program in response to Cyber Ninjas CEO Doug Logan's ridiculous (and uninformed) suggestions that tens, if not hundreds of thousands of fraudulent votes may have been cast last year in Maricopa County (Phoenix), Arizona. His remarks were offered to a state GOP Senate panel last week, after the three month-long (and counting) "audit" theater his company was contracted to carry out of last year's election results, despite their lack of experience in elections or knowledge of voting systems. Those comments were then misinterpreted and amplified by the former President of the United States to falsely suggest the election in Arizona was stolen from him last November.

But there was one point from last week's forum that we didn't have time for yesterday. It included testimony claiming that Maricopa's computer voting and tabulation systems were wildly unsecure because their operating systems and anti-virus software hadn't been updated since the day Dominion Voting System's software was installed on the machines. It's true that those computers had not had security updates and patches applied since their first use in 2019. It's true that that is a "tremendous vulnerability" for those systems, as claimed at the forum. And it's also true that there is a very good reason why the software has not been updated since then --- which, had the AZ GOP Senate hired people who actually knew anything about voting systems, they would already have understood. We explain.

The story underscores the value of election officials --- and election auditors --- who are actually experienced and qualified for the job. Unfortunately, since Donald Trump launched his evidence-free Big Lie that the election was stolen from him, Republicans have been adopting laws in several states making it easier to remove experienced election officials and replace them with partisan patsies.

Nowhere is that more clear than in the great state of Georgia, where the GOP-controlled state legislature recently adopted SB202 in order to prevent certain voters from easy access to the ballot. That law, and others being adopted locally around the state, have resulted, according to the New York Times last month, in "members of at least 10 county election boards [who] have been removed, had their position eliminated or are likely to be kicked off...they will most likely all be replaced by Republicans."

HELEN BUTLER was one of them. She is one of the state's most prominent advocates for voting rights and the award-winning Executive Director of The Georgia Coalition for the People's Agenda, founded by the late civil rights icon Rev. Dr. Joseph Lowery (who founded the Southern Christian Leadership Conference with Martin Luther King, Jr.) She is also a ten-year veteran of the bipartisan Morgan County, Georgia Board of Elections in the Republican-leaning rural enclave east of Atlanta. Or, at least, she used to be. After approval by the state's Republican Governor Brian Kemp, Butler and the rest of the Board Members were replaced at the end of last month. The Board Members will all now be selected by the partisan County Commission, instead of built from members selected by local political parties.

On today's show, Butler, who testified on voting rights at a U.S. Senate Rules Committee field hearing this week in the state, explains the reason the Commission voted to remove the Board, claiming that it was "dysfunctional", but never explaining what that meant. "We were never brought up for any Secretary of State's violations as long as I was a member of the Board," she explains. In short, Butler suggests, she was removed because the Board hired a diverse group of pollworkers and worked hard to make sure everyone, of all parties in the County, could vote and that their votes were counted as cast.

SB202, among other things, now makes it harder to vote by mail, bans absentee drop boxes, and blocks the distribution of food or water on long voting lines. Eight different lawsuits, including those filed by The People's Agenda and the U.S. Dept. of Justice (as well as the Coalition for Good Governance, for which, FULL DISCLOSURE, I am serving as a named plaintiff representing media) have now been filed in hopes of blocking the law for a host of reasons, including the disproportionate difficulties that will now be faced by minority voters. Butler describes SB202 as a "voter suppression takeover".

But the ability to remove and replace long-serving, qualified election officials with partisan appointees who can refuse to certify elections is certainly among the most chilling aspects of the law, Butler warns. She argues that, had these new laws been in place last year, Trump's attempt to "find" enough votes to overturn his loss to Biden in the Peach State --- as we all heard in his recorded (possibly illegal) telephone call with Republican Sec. of State Brad Raffensperger --- would have been easy.

Our broad conversation, on a lot of these issues, also includes her thoughts on the ongoing investigation by the Fulton County (Atlanta) District Attorney into Trump's attempt to overturn the election. Butler also offers her plea for federal legislation, such as the For the People Act and the John Lewis Voting Rights Advancement Act, to help overcome the state-based attacks on voting.

The delightfully optimistic Butler then ends our discussion with an ominous warning: "This is our darkest hour," she tells me. "This is our Selma moment, and we must act.  This is not just for black people or people of color. It's for all of us, for all Americans to have equal access to the ballot. Democracy is at stake here.  So people have to understand it's not about black people voting, this is about democracy. This is the moment. We really need to be paying attention and act to get the right people elected that will preserve democracy for America."

Please tune in for today's important show...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: SCOTUS takes up abortion; Gaetz in trouble; Israel bombs AP's building in Gaza...
By Brad Friedman on 5/17/2021 6:54pm PT  

As AP reports today, a new lawsuit "against [Georgia's] secretary of state and the members of the State Election Board was filed in federal court in Atlanta by county election board members, individual voters, election volunteers, nonprofit organizations and a journalist." As broken on today's BradCast, that journalist is me. [Audio link to full show is posted below this summary.]

I am one of the several named plaintiffs in the 200-page suit [PDF] filed in U.S. District Court on Monday seeking to block a number of outrageous and dangerous provisions in the state GOP's new voter-suppression bill. While the measure, SB202 [PDF], adopted by GA Republicans, does a lot of terrible stuff, some of which is well known by now (making it harder to vote by mail, banning absentee drop boxes, blocking the distribution of food or water on long voting lines), much of which will disproportionately suppress minority voters, there are a number of other provisions which are simply jaw-dropping, but have not yet been challenged in the several suits previously filed against the law by a number of civil rights and voting rights groups.

My part in the suit, filed today by the non-partisan, non-profit, indispensable Coalition for Good Governance, revolves around press freedoms which are outrageously and unconstitutionally trampled by SB202. In fact, as discussed on the show today with the Coalition's Executive Director, MARILYN MARKS, no small amount of the detailed reporting we have done here over the years focused on Georgia has now been criminalized by the new statute!

As detailed in the complaint (see the section on "Plaintiff FRIEDMAN" beginning on p. 101), it is now unlawful to report on "mail balloting discrepancies or security concerns that he or The BRAD BLOG or BradCast journalists may personally observe as members of the press"; "Plaintiff FRIEDMAN will be injured because the party appointed observers he has relied on to supply first-hand accounts...are are prohibited under penalty of misdemeanor from reporting their observations" on Georgia elections to me; As Marks explains, photographs that I or others may have taken in a polling place and used on the blog would be illegal; Observers from the media watching the tallying of absentee ballots will be committing a crime just by reporting on how many ballots they are "estimating" or "attempting to estimate" have been counted or are left to be tallied, according to the language of the hastily written SB2020 ("It's a thought crime!," Marks charges. "Literally, it says you cannot 'estimate' or 'attempt to estimate' anything about votes in the ballot processing room for mail ballots!"); Video interviews or photographs taken inside of counting rooms or in polling places in front Georgia's giant, new, unverifiable touchscreen voting systems could be evidence of a felony(!) under the new law, which poll workers, poll watchers, media observers and even voters could now be charged with under state law!

"On BRAD BLOG," Marks observes, "you frequently post a picture, many a picture of election activity, including people in the mail ballot rooms looking at hand-marked voted ballots. To take a picture of a ballot now is a misdemeanor." Yes, those posted photos would now be evidence of a crime. "You would not be permitted to take a picture of anonymous ballots. We see thousands of pictures, every election, of voted ballots being counted. But for some reason --- I guess we know what reason --- they are criminalizing it."

Yes, the photo used above, as taken from the complaint's numerous examples, of voters voting at Atlanta's State Farm Arena last year in Fulton County, could be used as evidence of a felony by the Reuters photo-journalist, Chris Aluka Berry, who took it.

As the suit notes, "Plaintiff FRIEDMAN is already injured by SB202 because the criminalization of constitutionally protected activity has a chilling effect on his exercise of First Amendment rights" and because "Plaintiff FRIEDMAN is threatened with injuries arising from SB202’s prior restraints on his First Amendment right of free speech and right of freedom of the press."

We have "reported on Georgia election integrity and election security hundreds of times over the last almost twenty years," the lawsuit accurately explains. Much of that coverage could now constitute a state crime under this horrible, unconstitutional law. "I have a feeling they will find any little tripwire they can about the two of us," Marks tells me. "If you were complimentary toward Georgia, I don't think you'd have any problems."

This BradCast, for example, from June of last year, featuring a Democratic Party post-election adjudication observer (and now co-plaintiff in this suit) Jeanne DuFort --- breaking the news of her discovery that GA's new Dominion tabulation computers were failing to count votes on tens of thousands of ballots --- would have been a crime in several ways, according to the state's new law.

There are other provisions in SB202 of concern as well --- beyond those being challenged in several of the voting rights lawsuits --- as Marks explains in the Coalition's press release today, from the law's "Takeover Provision" that permits bi-partisan County Elections Boards to be removed entirely and replaced by a single partisan, for virtually any reason (even minor infractions by a low-level worker up to four years ago!) to a few items we didn't have time cover on today's show, like the impossible new deadlines for requesting absentee ballots (in cases before a run-off election, the deadline to request such a ballot for it will now end before the original election is even certified to include a run-off!) and more.

As AP highlights in its report today, the suit argues: "Liberty requires at least three essential things — an unfettered right to vote, freedom of speech, and the meaningful separation of powers. This lawsuit is necessary to preserve individual constitutional rights, and constitutional government, against the attacks that SB202 makes on these three pillars of liberty."

Marks elucidates today on "Those three pillars of liberty: the right to vote, the right to free speech, and the right to separation of powers. What's happening here is the first one that they are violating is that separation of powers. That is a key one. Once they grab all of the powers, they close the doors. Yeah, they still have to deal with the pesky press and pesky watchers, but not anymore --- not if they criminalize your reports."

So, yeah. Even as its strange to become a part of a story I've been covering for so long, I am very proud to be a plaintiff in this lawsuit against SB202, which Georgia's Republican Governor and Sec. of State falsely claim "makes it easier to vote and harder to cheat". In truth, Marks told me off air after the show, the opposite is true. "It makes it harder to vote and easier to cheat," she said.

Also today, the GOP's packed and stolen U.S. Supreme Court announced it's taking up Mississippi's restriction on abortion rights that was blocked by a lower court. This is not good news for freedom lovers and those who oppose Big Government coming between a woman and her doctor; A former elected Florida official who is a buddy of Rep. Matt Gaetz has agreed to a federal plea deal that requires he tells federal prosecutors all that he knows about Gaetz' alleged sex trafficking of a minor; And in Gaza City over the weekend, Israel outrageously targeted and destroyed a 12-story high-rise building housing AP's office for the past 15 years. It's top floor cameras have been the eyes for the world, witnessing, as the news agency reported this weekend, "24-hour live shots as militants’ rockets arched toward Israel and Israeli airstrikes hammered the city and its surrounding area this week."

Those cameras will no longer be there to bear witness to the world. As AP's President noted in a statement describing the attack as "shocking and horrifying" on Saturday, "The world will know less about what is happening in Gaza because of what happened today."

And, in Georgia, if SB202 is allowed to stay in place, the world will know less about what is happening in the Peach State's elections because of it. As in Gaza, I suspect that is the point...

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Guest: Susan Greenhalgh, Senior Election Security Advisor at Free Speech for People; Also: Officer killed in new U.S. Capitol attack; MLB pulls All-Star game out of GA; Boehner's message for Cruz...
By Brad Friedman on 4/2/2021 7:37pm PT  

We've got another sorry tale on today's BradCast of yet another federal "watchdog" agency clearly captured by the industry corporations that it is supposed to be overseeing and/or regulating. This time, democracy itself is at stake. [Audio link to full show is posted below this summary.]

But first up today, we had quite a bit of breaking news just before airtime. For a start, the U.S. Capitol was locked down on Friday after two Capitol Police officers were rammed in a violent attack with a vehicle. One of the officers, an 18-year veteran, was killed. The other was said to be "fighting for his life" as of airtime. After ramming the officer, the assailant is said to have "lunged" at officers with a knife and was subsequently shot and killed. The assault was the most serious threat on the Capitol since the Donald Trump-incited insurrection on January 6th, which killed five, including one U.S. Capitol Police officer. Two more officers took their lives in the ensuing days after that attack by Trump supporters attempting to stop Congressional ratification of Joe Biden's 2020 Electoral College victory.

That attack --- and Trump's evidence-free Big Lie about his loss being the result of "fraud" --- continues to reverberate almost three months since the MAGA Mob's assault on U.S. democracy. Last week, Georgia's Republican-dominated state legislature adopted a massive voter suppression bill that will make it more difficult to vote by, among other things, requiring additional forms of ID for mail voting, limiting absentee ballot drop-boxes and early voting hours, and banning the distribution of food or beverages to voters forced to wait hours on line. It would also allow partisan GOP officials to undermine County Boards of Election and even overturn results. The state's Governor, Brian Kemp (R), signed the sweeping bill almost immediately after it passed both chambers of the state legislature in a matter of hours.

This week, after some 70 Black corporate executives spoke out against the transparent attempt to making voting more difficult for minorities in the state, a cascade of other corporate entities --- including Delta Airlines and Coca-Cola, both based in Atlanta --- finally decided to speak out in favor of democracy and against voter suppression. And then, on Friday, shortly before today's show, Major League Baseball announced they will be moving the All-Star Game and MLB Draft, previously set for July in Atlanta, to another state in response to the GOP attack on voting.

And, as Georgia Republicans pushed back on Delta Airlines this week for belatedly standing up for the right to vote, Gov. Kemp took his shot at the company by accusing its CEO of "false attacks" by claiming misleadingly in a statement: "The last time I flew Delta I had to show my ID."

But Kemp, the state's former Sec. of State, certainly knows that flying is a privilege, where voting is a right. He also likely knows that, no, an ID is not required to fly on Delta or any other airline. As clearly explained on the TSA.gov website...

In the event you arrive at the airport without valid identification...you may still be allowed to fly. The TSA officer may ask you to complete an identity verification process which includes collecting information such as your name, current address, and other personal information to confirm your identity. If your identity is confirmed, you will be allowed [to fly].

In the meantime, as to real --- versus imagined or opportunistic and partisan --- threats of fraud in our elections, the U.S. Election Assistance Commission (EAC), the federal agency tasked with overseeing voting system security standards, is continuing the woeful job it has done since its creation by the Help America Vote Act of 2002. Since its inception, as we have documented at The BRAD BLOG for almost 20 years, the EAC has largely been captured by the private voting system vendors whose systems they are supposed to be testing, overseeing, regulating and certifying as meeting minimal standards.

For years, the EAC has consistently helped mislead the public regarding the dangers of modems inside of computer voting and tabulation systems. The EAC's original Voluntary Voting System Guidelines (VVSG), created about 15 years ago, allowed for use of the devices which cybersecurity experts have long warned can be used to introduce malware into systems that could disrupt elections or change results.

In August of 2019, as we detailed on the program at the time with cybsersecurity journalist Kim Zetter, a group of security and voting systems experts discovered "nearly three dozen backend election systems in 10 states connected to the internet over the last year, including some in critical swing states" such as Wisconsin, Michigan and Florida. In January of 2020, almost six months after Zetter's exclusive and disturbing report, Cynthia McFadden followed up with her own report at NBC News, in which, despite federal officials repeatedly and falsely declaring that "U.S. voting systems are never connected to the Internet," the President of the nation's largest vendor, Elections Systems and Software, Inc. (ES&S), conceded that at least 14,000 of the company's modems were being used in vulnerable voting and tabulation systems across the country, even as the 2020 election cycle was getting under way.

Nonetheless, over the last five years, the EAC has been working with stakeholders --- from elections officials to cybersecurity experts to vendors --- to develop new minimum security standards for the nation's voting systems, which they call VVSG 2.0. The good news is that the draft of those final standards for the VVSG 2.0, made available for public comment last Summer, included a ban on modems and other wireless communications devices in computerized voting and tabulation systems.

The bad news: After the public comment period and before the new standards were officially adopted by the EAC Commissioners, they apparently met in secret with several vendors and quietly changed the new standards to once again allow for modems and other wireless communications devices in new voting systems.

After the standards changed and weakened without public notice, the non-partisan government watchdog, Free Speech for People (FSFP), filed public records requests for documentation of the non-public meetings between EAC officials and the voting machine companies. Despite acknowledging hundreds of pages of existing documents responsive to the request, according to our guest today, the EAC failed to turn over any of it to the group. Now, FSFP is suing the EAC for those documents.

We're joined today by longtime election integrity advocate SUSAN GREENHALGH, Senior Advisor on Election Security at FSFP, to explain the organization's lawsuit [PDF], and the latest, extraordinary failure to protect our elections by the corporate-captured EAC.

"We have a real lack of leadership from the federal agency that's supposed to be helping assist election officials run election more efficiently, securely, accessibly and transparently at the EAC," Greenhalgh explains, charging "they're letting the vendors help weaken the standards directly."

"The EAC is way, way too deferential to the vendors," she says. "They need to either do the right thing and do their job, or they need get out of the lane and come up with some other way. Because there's an expectation by members of Congress that this is being taken care of, that the EAC is doing their job, they're developing the standards, they're testing voting systems. Unless you scratch the surface and find out what's really going on, you might think on the outside that they're doing their job, and they're not. They're taking up that space, and that makes us all less safe and secure in our elections."

There is, as you might guess, much more that Greenhalgh has to explain about this ongoing mess and FSFP's legal efforts to crack open the EAC blockade.

Finally, we close today with a rather hilarious audio message from former, George W. Bush-era Republican House Speaker John Boehner, to Texas' Trumpy, conspiracy-loving U.S. Senator Ted Cruz...

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Also: Drought returns to CA; De-Trumpification of the EPA...
By Brad Friedman on 4/1/2021 6:50pm PT  

If only lawmakers in GOP-run states gave as much of a damn about their own residents as they do for the corporations which fund their campaigns. If only those corporations gave as much of a damn about their own customers as they do about the possibility of being boycotted and losing profits. Or, as my dad used to say, if only the Queen had balls she'd be the King. [Audio link to today's full BradCast is posted below this summary.]

It's a very busy and very lively show today. Among the stories we cover, if you are clever enough to tune in...

  • The growing cost of climate change continues, as California, just a few years after the end of a punishing five-year drought, appears to be headed back into another. Thanks to investments and conservation techniques enacted last time, perhaps this one won't be as bad. We'll see. But it won't keep the wingnuts from whining about it and trying to falsely blame Democrats anyway.
  • Emails obtained by Documented and reported by NBC News today reveal that talking points circulated by a climate change denying fossil fuel industry lackey were behind the misinformation spread by Texas officials falsely blaming wind and solar energy when the state's power system froze up and collapsed during a winter storm in February. The false claims were spread at lightning speed by Republican Gov. Greg Abbott, the fully captured Commissioners on the state's utility board, the wingnut media and, of course, other oil and gas lobbyists. Aside from billions of dollars in damages, the state's own failures in deregulation and privatization (and lack of winterization) of its electric grid, resulted in the deaths of at least 111 Texans according to the state's newly revised --- and nearly doubled --- death toll. Many of them died from hypothermia in their own homes. And no, it was not the fault of clean, renewable energy in any way.
  • Meanwhile, in Georgia, pushback against a massive voter suppression law enacted in record time last week by Republicans in the state legislature is bringing shame not only to GOP lawmakers and Republican Gov. Brian Kemp, but to the major corporations --- some headquartered in the state --- which failed to take action to speak out against the democracy-undermining measure until it was too late. Or, at least until boycott efforts against the companies began to emerge. Over the past 24 hours, following a statement of outrage by more than 70 Black corporate executives decrying GA's new law, companies such as Delta Airlines, Coca-Cola, Microsoft and Apple have all begun falling over themselves to express the "outrage" they failed to muster before passage of the bill --- or even in the full week since it was signed into law. In the wake of the new corporate blowback, rather than take actions to rollback the voter suppression, Republican state legislators have decided to attack the companies for (belatedly) coming out in support of democracy. The GOP-dominated state House of Representatives even went so far as to abuse their power on Wednesday night to adopt a punitive tax increase on one of the GA-based companies which belatedly decided to speak up against voter suppression.
  • Even as the blowback came fast and furious against Georgia's Republicans over the past 24 hours, the great, deregulated state of Texas decided they wanted some of that "love" as well. Republicans in their state legislature are now moving to enact similar voter suppression schemes to the ones decried in the Peach State. Will the corporations stand up against such laws in the Lone Star State and elsewhere before they're adopted this time? We hope so, but we'll see. Obviously these politicians don't give a damn about their actual constituents. But maybe they'll pay attention to their corporate funders who have now been forced by those constituents to at least pretend they give a damn about democracy.
  • Finally, Desi Doyen joins us for our latest Green News Report, with special coverage of President Biden's popular, new, sweeping, long-overdue, "once in a generation", $2.25 trillion infrastructure, jobs and climate proposal introduced on Wednesday as the American Jobs Plan...

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Guest: Caren Short, Voting Rights Attny, Southern Poverty Law Center...
By Brad Friedman on 3/29/2021 6:48pm PT  

Attempted voter suppression must come at a very serious cost to the suppressors. Hopefully, we are beginning to see at least some of that beginning to build in Georgia on today's BradCast --- even as voting rights advocates are forced to take legal action to block this latest attack on democracy by the state's Republican Party. [Audio link to show follows below.]

Hopefully, the blowback is just beginning. Last Wednesday, we were joined on the show by Marilyn Marks of the Coalition for Good Governance, as she warned about the massive voter suppression bill that Republicans in the GA state legislature were trying to jam through before this week's final day of the legislative session. But, in less than 24 hours, by Thursday, voting rights advocates were stunned --- and, arguably, caught off guard --- when the GOP-dominated state House and Senate both adopted a newly-introduced, nearly 100-page bill to pare back voting rights in a single day, before the measure, known as SB 202, was then signed just an hour or so later by long-time champion GOP vote suppressor and former Sec. of State, Governor Brian Kemp. For good measure, he did so under a painting of a slave plantation as an elected African-American member of the state House of Representatives was arrested for trying to witness the signing behind closed doors.

The measure, among other things, will increase ID requirements for absentee voting; reduce early in-person voting in some places; restrict the use of drop-boxes for mail-in ballots; ban the distribution of food and beverages to voters waiting in Georgia's famously long (in some places) voting lines; threaten third-party advocacy groups with criminal prosecution if they dare send an absentee ballot request form to someone already signed up to vote by mail; and, perhaps most perniciously, according to Marks sounding the alarm last week, allow the state's majority-GOP legislature to essentially take over control of the State Board of Elections. In turn, the State Board can then replace entire County Boards of Elections with a single partisan person, pretty much for any reason they like, threatening to both undermine or even overturn election results at the county level in...ya know...certain counties --- just as Donald Trump tried to do after losing the 2020 election in The Peach State last year.

All of that, despite zero evidence of fraud or mistally in last year's Presidential election in Georgia, where three statewide counts --- twice by machines, once by hand --- all confirmed the results, which the state confirmed to be free of fraud.

Since passage and signing of SB 202 last week, not one, but two lawsuits have been filed to try and block the law, charging that it violates both the U.S. Constitution and the Voting Rights Act (VRA), as the multiple civil and voting rights group plaintiffs allege the new voting restrictions are specifically designed to target minority voters. The President of the United States has subsequently described the law as "un-American", an "atrocity" and "Jim Crow in the 21st Century". Despite all of that, it ultimately could be the Major League Baseball Player's Association which ends up making a real difference in regards this new anti-democracy scheme. The players are reportedly deciding whether to demand this year's MLB All-Star Game, currently set for Atlanta in July, be moved to a different state if the law is not struck down.

At the same time, federal laws --- such as the For the People Act (H.R.1) or John Lewis Voting Rights Advancement Act (H.R.4) --- which would help protect against a number of the worst GOP voter suppression tactics now adopted by the Peach State and moving ahead in others where Republicans are considering similar measures, will not pass unless the undemocratic Jim Crow-era U.S. Senate Filibuster is, in some fashion, killed or reformed.

We're joined today by CAREN SHORT, Senior Voting Rights Attorney at the Southern Poverty Law Center to discuss all of this. While her group has not yet joined either of the two federal lawsuits filed against Georgia's law, she suggests they are considering as much. In the meantime, she explains what she finds so devious about GA's racist new law, and whether or not the current lawsuits --- or even the Dept. of Justice --- may be able to reverse the worst of SB 202's attack on voters and voting in the state.

Among the issues we discuss with Short: Her views on the worst aspects of SB 202; Whether its possible to demonstrate a disproportionate affect on minority voters before an election is run with this new law in place; How the portion of the Voting Rights Act struck down by SCOTUS in 2013 would likely have prevented this entire bill from even being introduced in the first place; Whether the DoJ has grounds for filing suit themselves under still-standing portions of the VRA to protect Georgia voters; And how courts will determine whether FEARS of voter fraud (in the absence of same) is enough to justify taking rights already granted to voters away from them, among much more!

"You're right, there's a lot to be troubled about," she tells me at the top of our discussion. "This bill is troubling. It would really disenfranchise a lot of people in Georgia. Although it would apply equally to everyone, it is specifically targeted to harm black voters, brown voters, young people, voters with disabilities --- and it will do so."

"You mentioned that democracy is everyone's job. I could not agree more with that," Short says, when I ask what needs to be done to see the filibuster reformed in the U.S. Senate so that H.R.1 and H.R.4 can passed and become law. "These are our representatives. These are our policy makers. They represent what we want. ... We need democracy reform. We need transparency. We need fairness. We need protections for folks in the Deep South who are facing bills like the one in Georgia. This cannot stand. It cannot happen in my name as an American. We need to get involved. This is our moment. Call your friends who live in those states who are going to be needed for filibuster reform, if necessary. Some Democratic folks have said, 'failure is not an option.' And it's absolutely true."

Finally, with both good and worrying news about COVID (good, in that President Biden has announced vaccine distribution is moving ahead even quicker than previously hoped; worrying, in that the new CDC Director is "scared" with a sense of "impending doom" about the recent 16% rise in infections as mask mandates have been lifted in some states), we open up the phones for a quick call or two on all of this at the end of another important and lively hour...

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Guest: Slate legal reporter Mark Joseph Stern on recent cases, Bill Barr, Kris Kobach and accountability for TX' attempt to overturn the election; Also: GOP now eating its own with GA's U.S. Senate runoffs underway...
By Brad Friedman on 12/15/2020 7:54pm PT  

On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Lone Star State's corrupt Ken Paxton hopes to nullify millions of American votes in 4 states, undermine democracy, win a Trump pardon as prize...
By Brad Friedman on 12/9/2020 7:47pm PT  

"We will never surrender," Donald Trump told his brain-poisoned MAGA Mob over the weekend in Valdosta, Georgia after the American people decisively voted for him to lose the 2020 Election. "We will only win. We're gonna win. We always win. Somehow we find a way to win," he declared. Of course, a "win" for Trump, as we detail on today's BradCast, would require the nullification of tens of millions of lawful votes to undermine democracy and the will of the American people in order to steal the election. Trump is all in for that, as he made clear yet again today. [Audio link to full show is posted beneath summary.]

In the meantime, the Trump Campaign lost yet again in court on Tuesday night, as the Nevada Supreme Court agreed with a lower state court that there was no evidence of fraud that could have possibly reversed his loss to Joe Biden in the state by more than 33,000 votes. Team Trump has now lost more than 50 such cases in both state and federal court since Election Day, in no small part because they've failed to present any of evidence of "massive fraud" in any court, despite the false claims made by Trump dozens of times a day since then.

But he continues to try and strong-arm whoever he can --- the GOP leaders of the Michigan legislature, the Republican Governor of Georgia, the Republican leaders of the Pennsylvania House --- in hopes they will abet his unconstitutional coup. His latest "victory" in that Loser's Battle was a letter sent by about 70 members of the Pennsylvania legislature to the state's Congressional delegation to ask them to please disenfranchise every voter in the Keystone State by voting against accepting the state's 20 electors on January 6th. (Mark that day on your calendar, by the way. It's going to be a very long one. I explain why on today's show.) The Republican leader of the state Senate said she feared her house would be "bombed" if she had chosen not to sign the letter. (She didn't, but only because she wasn't given the chance.) Death threats come to all of those Republicans who do not cow to the MAGA Mob, no matter how Trumpy they may otherwise be, no matter how long they have already gamed the system to try and please him.

In Texas, the wildly corrupt, long-ago-indicted Republican Attorney General Ken Paxton, the state's top "law enforcement" official, is already facing state charges for securities fraud felonies and, more recently, eight of his top, very rightwing staffers left the office and informed federal officials that Paxton has been violating the law by using his agency to do favors for a political donor. The FBI is reportedly investigating the charges of bribery and abuse of office. Paxton could probably really use a preemptive pardon and quickly from this outgoing President. This week, he came up with just the ticket that is very likely to win one for him!

Paxton filed a lawsuit on behalf of Texas directly with the U.S. Supreme Court, seeking to toss out the results of the elections in four states --- Michigan, Wisconsin, Pennsylvania and Georgia --- claiming changes to their voting laws due to the COVID pandemic violated the U.S. Constitution. Coincidentally, there are just enough electors in those states that if they weren't allowed to vote, or if they voted for Trump instead, he could "win" the second term that he clearly lost.

We explain the ostensible basis for Paxton's suit today, which relies on a radical reading of the U.S. Constitution to nullify any and all votes cast by voters based on laws or rules or regulations set by state Governors or Secretaries of State or Boards of Elections or even state courts, rather than state legislatures only. Paxton also tosses in some long-ago debunked fraud claims that even the Trump Campaign hasn't tried to argue in their own failed lawsuits (no, there were no "suitcases full of ballots being pulled out from underneath tables" in Atlanta), and some bullshit "commonly accepted statistical tests," just for good measure, claiming, for instance, that the chances Joe Biden could win all four states against a titan of Great Americanism like Donald Trump "is less than one in a quadrillion" according to "expert analysis".

But, in the Trump Era, facts don't matter. Convincing, muscling, threatening, strong-arming Republican stooges into doing his bidding is all that matters, even if those stooges are on Trump's stolen and packed U.S. Supreme Court. All nine Justices unanimously rejected another challenge that sought to toss out only 2.5 million votes in Pennsylvania on Tuesday. Hopefully they see through this similarly transparent attempt to steal the election and/or win Paxton a preemptive pardon for his federal crimes.

Of note, the Texas state Solicitor General, who would normally take the lead on big cases to be argued before SCOTUS, didn't sign Paxton's 154-page complaint [PDF]. Only he and his new chief deputy (the last one left due to concerns about bribes the AG has allegedly taken) and a private, outside attorney were willing to do so. That attorney is presumably being paid by the taxpayer dollars of Texans who already employ hundreds of capable attorneys in the AG's office who wanted nothing to do with this case, apparently.

Nonetheless, the terrified incumbent Republican U.S. Senators in Georgia --- both facing serious challenges from Democrats in two runoff elections on January 5 that will determine control of the U.S. Senate --- issued a statement of support for the Texas Attorney General's attempt to rob Georgia's own voters, even as their own state's Republican Attorney General described the TX complaint as "constitutionally, legally and factually wrong."

In other news today that doesn't concern pathetic simpering Republicans kowtowing to a desperate, wannabe strongman, the comptroller of New York State has announced plans to divest the state's enormous, $226 billion pension fund from the fossil fuel sector, sending shockwaves through Wall Street and a jolt of excitement through the climate movement. Desi Doyen joins us to explain why this is such a big deal.

Finally, we close with our latest Green News Report on the globe's hottest November since record keeping began; the Trump EPA's decision to help kill tens of thousands of more Americans each year on their way out the door; Denmark's decision to leave the rest of their fossil fuels in the ground, and much more...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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