On today's BradCast, we take up the President's charge to stand "in defense of democracy". [Audio link to full show follows below this summary.]

Among our coverage today...

• During President Biden's solemn, somber and historic prime time Oval Office address to the nation on Wednesday evening (transcript here), to explain his Sunday decision to drop out of the 2024 Presidential race and endorse Vice President Kamala Harris for the top of the ticket, he focused in no small part on the need to defend democracy against wannabe "kings and dictators," while he charged that "the cause of American democracy itself" is now at stake. "We must unite to protect it," he implored. We discuss and continue to join that fight.

• Meanwhile, as the U.S. House on Wednesday voted 417 to 0 to create a special task force to probe what happened during the July 13 assassination attempt on Donald Trump in Pennsylvania, FBI Director Christopher Wray testified on Wednesday that, in fact, nearly two weeks since the shooting, we have no idea "whether or not it's a bullet or shrapnel" that wounded Trump's ear. In fact, to date, no medical expert or law enforcement official has ever offered an official public accounting of what actually happened to the former President that day, even as mainstream corporate media have simply taken the social media claim by Trump, an inveterate liar, that a "bullet...pierced the upper part of my right ear" as fact. Ever since, Trump has exploited the event to claim at his convention, in rally speeches and on social media, that he "took a bullet for democracy."

  As we detail today, however, all available evidence suggests that is simply a lie. The man who, himself, has become the greatest threat to American democracy in modern history is now using the near miss for stolen valor to pretend to be a defender of democracy.

  As Ernie Canning explains at The BRAD BLOG this week, whether Trump "took a bullet" or not, it was not "for democracy," as investigators have reportedly found no evidence to suggest the shooting was politically motivated. And, as TPM's Josh Marshall has been reporting for some time, evidence suggests it was more likely some sort of flying shrapnel that grazed Trump's ear, along with causing similar minor injuries to several local cops who were near the stage that day. In any event, the media's failure to even ask the Trump Campaign about these details --- as one rally goer was actually killed and two others critically wounded that day --- for apparent fear of angering the former President, is "bizarre" and "a total journalistic failure" to the American people and to history. It also, as we note, underscores tyranny expert and author Timothy Snyder's repeated warnings about giving up power to would-be autocrats by "obeying in advance." Much more on all of this on today's show.

• We've got more details today on the DNC's plan to begin a virtual roll-call vote on August 1st next week --- well in advance of their August 19 convention in Chicago --- in order to finalize the party's Presidential and Vice-Presidential nominees no later than August 7th. Why are they doing this? No, it's not to ensure there are no challengers to presumptive nominee Kamala Harris. Rather, it is thanks to a story we've been covering since the beginning of the year about the failure by Republican state lawmakers to change the statutory deadline for submitting certified party nominees for the Buckeye State ballot by August 7th, as they've done for many years, as needed, when Republicans hold their national conventions late in the summer. Yes, state lawmakers, in a late special session, finally changed the statutory deadline. But the new law doesn't take effect until September 1, opening opening up Democrats to a potential legal challenge by Republicans as to whether their nominee can lawfully be on the state's ballot at all this November. Tune in for more details.

• More news "in defense of democracy" out of Ohio this week. A ballot measure for a state constitutional amendment that would create an independent redistricting committee has qualified for the November ballot! If adopted by voters, it could end the state GOP's wildly gerrymandered Congressional and state legislative maps for 2026. Otherwise, Republican Buckeye State politicians will continue to be allowed to choose their own voters, rather than vice versa, until at least 2030.

• And still more good news "in defense of democracy" from the Buckeye State today! A federal judge has struck down part of a sweeping election reform package adopted by Ohio Republicans last year that makes it a felony for disabled voters to allow caregivers, roommates, in-laws or even grandchildren to help them cast their absentee ballot by mail or drop box. The voter suppression law threatened to charge anyone but immediate family members (which apparently doesn't include grandchildren!) with felonies for helping those voters in need to cast their ballot. That, as the CDC finds that people with disabilities make up more than a quarter of the U.S. adult population.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on explosive wildfires in the U.S. and Canadian west; the two hottest days ever recorded on Planet Earth (this past Sunday and Monday); and a focus on the Republicans' shocking Project 2025 plans to gut federal science agencies --- such as the EPA and National Weather Service --- along with climate science and many if not most environmental protections and climate change initiatives...

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On today's BradCast: Maybe now Jack Smith will start investigating the multi-state criminal plot by MAGA conspiracists to breach voting system software? Now that we know the unlawful scheme actually began in Donald Trump's Oval Office, as overseen by Trump himself, back in December of 2020? [Audio link to full show follows below.]

We have been reporting on the unlawful, criminal breaches of sensitive voting and tabulation system software by MAGA rightwingers following the 2020 election for nearly two years at this point. Most notably, we've focused most closely on the incident that occurred in the rural, right-leaning Coffee County, Georgia, where local GOP Board of Election members, County Commissioners and Republican Party officials allowed outsiders organized and funded by Trump lawyer Sidney Powell, to come in to the elections office to make illicit copies of the County's sensitive, proprietary election management software made by Dominion Voting Systems. The software in rural Coffee County also happens to be the exact same software that is used across the entire battleground state, thanks to the insistence of Republican Sec. of State Brad Raffensperger.

We first learned about the Coffee County breach last year, thanks to Marilyn Marks, founder of Coalition for Good Governance, which has a long-running federal lawsuit against the state, seeking to the ban the use of Raffensperger's 100% unverifiable touchscreen voting systems made by Dominion. She received a bizarre phone call --- which we previously aired on this program --- from an Atlanta-area businessman named Scott Hall, essentially confessing to the unlawful breach in Coffee County on January 7, 2021. He thought Marks was a fellow MAGA traveler. She wasn't. She is a non-partisan election integrity advocate. A real one.

Since that breach, which included the participation of folks like Doug Logan of Cyber Ninjas (the clowns who ran that phony audit of the 2020 Presidential election in Phoenix, Arizona in 2021), was revealed, thanks to Marks' ongoing civil lawsuit, Sec. Raffensperger seems to have been working very hard to cover the entire thing up and, according to our guest today, DoJ Special Counsel Jack Smith does not appear to be investigating.

Hopefully, that may have changed as of Friday, when two major media outlets ran scoops based on a new letter [PDF] sent by our guest today, SUSAN GREENHALGH of Free Speech for People, to U.S. Attorney General Merrick Garland, Special Counsel Jack Smith and FBI Director Christopher Wray.

First, CNN reported Friday morning that text messages obtained via Marks' lawsuit revealed two of the software breaching Trump operatives discussed whether to somehow use information gleaned from their unlawful actions to try and prevent the certification of Democratic U.S. Senator Jon Ossoff's January 5th, 2021 U.S. Senate runoff victory over Republican David Purdue, or whether they should "hold it for a bigger moment."

Then, later on Friday, the New York Times ran a report detailing Greenhalgh's discovery that the plot to breach voting system software in several states --- which we already knew had been organized and funded by Powell --- was actually hatched during the infamous "crazy" meeting in the Oval Office on December 18, 2020. That, based on testimony to the House January 6 Committee that Greenhalgh documented from several Trump aides who were in the room where it happened that night. Attendees at the meeting included Powell, Rudy Giuliani, Michael Flynn, former Overstock.com CEO (and plot funder) Patrick Byrne, Chief of Staff Mark Meadows and others. It went on for hours and was presided over by Donald Trump himself.

So, maybe Smith or Garland or Wray will be interested in investigating the multi-state conspiracy plot now?!

Greenhalgh explains that cybersecurity experts are concerned that the stolen software "can be used in disinformation campaigns, which we are already seeing happen. It could be used to fabricate evidence." She notes that "in 2020 when all those [Trump] lawsuits failed, it was because there wasn't any real or credible evidence. But software is mutable. You can play around with it. Could this be used to try and fabricate some false evidence to say, 'Look, this is what we found on some voting machines and look they stole the election?'"

"Most ominously," she warns, the software could be used to "to develop and tailor malware that could be deployed to actually start stealing votes, in the very way that we had people arguing was done in the 2020 election --- but now it's coming from the very same people that actually made those outrageous and baseless claims. Now [they] have the ammunition and basically the keys to the vault that could enable them to do much more nefarious things like actually hack an election."

So, why hasn't this been investigated by the Feds before now, as a response sent by the FBI to Greenhalgh in January [PDF] indicates, claiming the Bureau can only investigate after "a formal request for assistance" by "local authorities"? Why does GA Sec. of State Raffensperger, wrongly viewed as a hero for not stealing the 2020 election for Trump, seem to be working so very hard to cover up what happened in Coffee County? Why have corporate media been so reticent to dig into the story? Why have Greenhalgh and Marks had to do the bulk of the heavy lifting to even get us to this point? Why haven't members of Congress jumped in to demand a proper probe at the federal level? And will a proper federal probe finally happen now that the matter has found its way smack dab into Smith's purview by landing, via the New York Times, in Trump's Oval Office? (All thanks, of course, to the indefatigable work of Susan, Marilyn and their nonprofit organizations!)

"There's a lot more to this story to report," Greenhalgh insists. "As you know, it's still just the tip of the iceberg and there's a lot more information underneath that can still be reported. Greenhalgh's February follow-up letter to the FBI's response [PDF], for example, notes that, contrary to the assertion from R. Joseph Rothrock, Chief of the FBI's Public Corruption and Civil Rights Section, the Georgia State Elections Board says that it has, in fact, "requested assistance from the FBI." That, according to a public statement from its Chair in September of 2022

Tune in for answers to all of the above questions and many others on today's BradCast, which also includes some cameo call-ins from both Marks (who suggests listeners contact their U.S. Senators to ask them to demand a DoJ probe) and GA election integrity advocate Jeanne Dufort!...

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As noted on today's BradCast, we generally cover the track conditions of our elections more than the actual horse races. We do so again today. But, as it turns out, Dems have put up some pretty good horses this year. We cover a couple of them today as well. [Audio link to full show is posted below this summary.]

First, track conditions...

The corrupt, stolen and packed rightwing U.S. Supreme Court majority on Tuesday overturned an appeals court ruling which had found that both the landmark Civil Rights Act of 1964 and Pennsylvania law mandates that legitimately voted ballots may not be invalidated due to minor errors that are "immaterial" to determining voter qualification. In this case, the question was about absentee ballots where voters had forgotten to fill in the date on the ballot's outer envelope. The activists on SCOTUS, however, held today that such ballots may not be counted this November, despite the Civil Rights Act provision that previously ended the Jim Crow era's use of immaterial errors to invalidate perfectly legitimate votes.

Also, FBI officials say they have identified no credible threats to U.S. election systems this year, despite efforts by some foreign adversaries, including Russia, to sow doubt about fraud. But do these officials understand the actual threats now posed to our non-transparent, easily manipulated and error-prone computerized voting and tabulation systems? Do they appreciate the increased threat level thanks to recent breaches of election management systems by MAGA conspiracy theorists in several states following the former President's false claims of fraud?

While the Trump-appointed FBI Director Christopher Wray seems to falsely suggest there are similar domestic threats of violence from "both sides" following the 2020 election and the SCOTUS ruling on Roe v. Wade, the federal Elections Threat Task Force, launched last year by the Dept. of Justice, seems to finally be taking at least some action in response to the thousands of violent threats made by rightwingers against election officials and poll workers following the last Presidential election.

Next, horse races...

During a U.S. Senate debate in Ohio on Monday night, Democratic candidate Rep. Tim Ryan called out his Republican opponent, author J.D. Vance, for running a fake non-profit charity to support opioid addicts; defending January 6 insurrectionists; and for giving up his "dignity" to Trump who said about Vance at a recent rally in Youngstown: "All you do is kiss my ass to get my support," before Vance went on to pose for pictures with the disgraced former President. "Ohio needs an ass-kicker, not an ass-kisser," said Ryan in response.

In Wisconsin's U.S.. Senate race, Democratic Lt. Gov. Mandela Barnes was similarly ass-kicking in his debate against incumbent Republican Sen. Ron Johnson. Barnes called out the Badger State GOPer for supporting the January 6 insurrection while claiming to support police, despite the serious injuries to more than 140 law enforcement officials that day. Barnes also made clear he would vote to codify the rights of Roe v. Wade into federal law, and made a very impressive showing against Johnson.

Both races are currently neck and neck, and are among at least five Senate races this year (along with Pennsylvania, North Carolina and even Florida) where Dems have real shots at flipping currently GOP-held seats from "red" to "blue". That, by way of contrast with Republicans who are looking at just two states (Nevada and Georgia), where they stand any real chance, generally speaking, of flipping a Senate seat from "blue" to "red" this year --- at least if you have any confidence in this year's pre-election polling.

Finally...

Desi Doyen joins us for our latest Green News Report, underscoring, yet again, the stakes of this year's critical midterms following the devastation of Hurricane Ian in Florida; consequences of our worsening climate crisis around the world; and the Governor of California's new effort to hold Big Oil accountable for price gouging...

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Remember during the 2016 Presidential election when Donald Trump repeated over and over how only mobsters plead the Fifth Amendment? Yeah, so does he, as discussed on today's BradCast . And yet, he repeatedly took the Fifth for some four hours in a row during his deposition in New York today. [Audio link to full show follows below this summary.]

Before we get to those details and the related story of the FBI search at Trump's home in Florida on Monday...Good news for Americans is, of course, bad news for Republicans. According to new numbers released by the Department of Labor on Wednesday, inflation may now be slowing, along with gas prices which fell in July by roughly 20%. Obviously, that is completely thanks to the brilliant policies of President Joe Biden. (It's not, but since the GOP blamed him for inflation and the rise in prices at the pump, it seems only fair to give him all the credit when the numbers go the other way.)

Next, our highly selective and curated coverage of noteworthy results from Tuesday's primary elections in four states --- Connecticut, Minnesota, Vermont and Wisconsin. (And one last noteworthy race called from last week's primary in the state of Washington.) Here too, good news for far-right MAGA Republican voters may turn out to be very bad news for them in November. If not, it's likely to be very bad news for American democracy in advance of the 2024 elections. Many of Trump's endorsed candidates, all of whom are 2020 election deniers, are winning GOP nominations for offices likely to be critical during the 2024 Presidential election, if those candidates are successful in the 2022 election. We cover a bunch of them today, with appropriate warnings, along with a number of the encouraging Democratic victories on Tuesday.

Then, Trump's horrible, no good, very VERY bad week continues to get worse. Of course, that is good news for the bulk of Americans who actually do believe in law and order and accountability and stuff. On Wednesday, Trump finally sat down for the under oath deposition he has fought so hard against in New York Attorney General Letitia James' civil probe into his and the Trump Organization's years of apparent bank, tax and insurance fraud. For four hours, he repeatedly exercised his Constitutional Fifth Amendment right not to incriminate himself, despite claiming for years --- or, at least while he was running for President in 2016 --- that doing so is "horrible, horrible, horrible" and "disgraceful" because "if you're innocent, why are you taking the Fifth Amendment?"

(As it turns out, Trump invoked the Fifth nearly 100 times during his 1990 divorce deposition as well. His own kid, Eric, one of the titular heads of the Trump Organization while Trump was in office, invoked the privilege more than 500 times when he was deposed in the James' probe back in 2020. And, over the past several days, two of his other kids, Don Jr. and Ivanka, were also reportedly deposed. Any guess what they might have done?)

All of this, of course, comes on the heels of the FBI executing a search warrant at Trump's Mar-a-Lago home on Monday, though we still don't actually know what they were looking for nor which of the several federal criminal investigations Trump is the focus of it pertained to. Trump does. It says as much on the warrant he has in his possession. He's just not telling anyone, while describing the matter (as usual) as a "political witch hunt" and declaring that it means the U.S. is now a "broken, Third-World Country."

We're joined today for some really helpful insight into both of these ongoing cases by former Asst. U.S. Attorney in D.C. and chief of the DoJ Public Corruption/Government Fraud section, RANDALL D. ELIASON.

As usual, Eliason, who now teaches law with a focus on white collar crime at George Washington University Law School, is able to offer clear, straight-forward facts on what much of cable news has been speculating about over the past 72 hours or so.

For example, what's the difference between a "raid", as Trump and many on the Right are describing what happened in South Florida on Monday, and the lawful exercise of a search warrant, approved by a federal judge? "I'm not sure if there is a universally agreed-upon definition of a raid," he explains, "but I think the most likely definition is it's a raid if it happens to you."

In response to the reports of Trump pleading the Fifth in his NY fraud case, Eliason doesn't think it's "terribly surprising, given what we know" about both the case and the former President, but he goes on to lay out both the difference between a civil case (such as the James') and a criminal probe, and how the Fifth Amendment can be used against Trump in the former, but not the latter, even if it may help criminal prosecutors, like the Manhattan District Attorney, identify where the disgraced former President himself believes he has potentially committed a crime.

Eliason explains what material would be revealed by the portion of the FBI search warrant from Mar-a-Lago that is now in Trump's possession, even as he is refusing to disclose it. "It has to cite the statutes that the investigators believe might have been violated," he says, while noting that there is nothing that legally prevents Trump from releasing it tothe public. Also, he asserts, Trump would, by now, "have an inventory of what was seized" by the FBI, even if he has also failed to release that information as well, despite his many claims of innocence and being a victim.

We also discuss the hurdles that would have to have been cleared by Trump-appointed FBI Director Christopher Wray, Biden-appointed U.S. Attorney General Merrick Garland, as well as the federal magistrate judge who finally approved the Mar-a-Lago search warrant. (Eliason also breaks down the difference between a federal judge and a federal magistrate judge, who Florida's Republican Sen. Marco Rubio suggested on Fox "News" last night, isn't actually a real judge.)

"Given the outcry that you know was going to result from this, and that we've actually seen, you'd want something far beyond just 'probable cause'," argues Eliason, a contributing columnist at the Washington Post and at his own Sidebars Blog. "The DoJ is not going to do this in a marginal case. Before taking this kind of extraordinary, unprecedented step, they're going to really be sure they've got substantial proof, and that it's something really important that they're going after."

As far as what they're "going after"? Well, nobody --- other than Trump, his attorneys and the FBI, DoJ and a federal judge --- actually knows at this point. There has been much TrumpWorld-sourced reportage that this all has something to do with the more than 15 boxes of Presidential Records, many of them highly classified, according to the National Archives, that Trump absconded with to Florida after leaving the White House. But none of that is actually confirmed.

I convince the usually quite careful Eliason to offer his own speculation about what the FBI could be looking for that would involve such a monumental and politically fraught step as obtaining a search warrant for the home of a former President. "Most people are speculating about these crimes that involve Presidential Records," he says. "If that's all it was, and it was relatively routine stuff, I would be surprised that they'd take this kind of step. That makes me think either the documents themselves are something extraordinarily sensitive, and potentially dangerous to national security, or that there's something else going on."

What might that "something else" be, according to Eliason? For that, you'll need to tune in...

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On today's BradCast: Given the unprecedented breadth of the late-breaking news on Monday, we know remarkably little so far about what actually happened at Donald Trump's Florida estate and why it happened. Not that that has prevented anyone in these United States from speculating about it since then. [Audio link to full show is posted below this summary.]

The news of the FBI's Monday search of Mar-a-Lago literally broke about one second after we signed off from Monday's show and, like the rest of the nation, we've been trying to make sense of it ever since. But, before we get there today, a few other news items of note that are being buried under all of the rest of the news items of note.

Today was primary election day in Connecticut, Minnesota, Vermont and Wisconsin. Happily, so far, we've heard few reports of problems for voters at the polls. As usual, we'll have noteworthy results on tomorrow's show.

There are, however, several important results from last week's primaries in several states that were "called" by the media over the weekend, and some that are still too close to call. Most noteworthy is the weekend call for the GOP Gubernatorial nomination in Arizona, where far-right, Trump-endorsed 2020 election denialist and former TV news anchor Kari Lake was declared the winner. She'll now face off with Democratic nominee, Sec. of State Katie Hobbs in November. Like AZ's Republican nominee for Sec. of State, Mark Finchem --- and despite all counts and recounts confirming Joe Biden's victory there in 2020 --- Lake has said she wouldn't have certified the state's electors in 2020 for the guy who voters actually chose. That makes both her race for Governor and Finchem's for SoS among the most critical contests in the nation this November, in advance of the 2024 Presidential election. (Finchem will face the Democratic nominee, former Maricopa County Recorder Adrian Fontes in the SoS contest in the fall.)

The entire top of the ticket in Michigan is similarly perilous this year, with Republicans having nominated Trump-endorsed 2020 election deniers and conspiracy loons to take on all three Democratic incumbents for Governor, Attorney General and Secretary of State. Reuters, however, broke the exclusive news this week that the state's GOP Attorney General nominee, Matthew DePerno, "led a team that gained unauthorized access to voting equipment while hunting for evidence to support former President Donald Trump’s false election-fraud claims." That now places DePerno --- seeking to become the state's chief law enforcement officer --- squarely at the center of Democratic Attorney General Dana Nessel's criminal probe of several such incidents in MI following the 2020 election, as based on criminal referrals by Sec. of State Jocelyn Benson. It also means Nessel will now likely need to recuse herself and her office from probing her own November challenger. Over the weekend, at a CPAC rally in Dallas, Trump praised DePerno, ironically vowing that "he's going to make sure that you are going to have law and order and fair elections."

The reported unlawful breach of sensitive voting system software by DePerno is now added to a growing list of similar incidents across the country, such as Mesa County, Colorado Clerk, Tina Peters (who has been charged with 7 felonies and 3 misdemeanors related to her own election fraud related breach of her county's voting system software) and the GOP Board of Elections in Coffee County, Georgia (who allegedly allowed a similar breach of the voting system there, followed by an apparent cover-up of the incident by Georgia's Republican Sec. of State Brad Raffensperger.)

Then, we get to Trump's no good, very very bad week, as news broke this afternoon that a three-judge federal appeals court panel in D.C. decided unanimously that, yes, the U.S. House Ways and Means Committee may indeed have access to Trump's tax returns. This is part of a years-long legal battle, where Trump now has just two appeals options left.

But that problem likely pales in comparison for the disgraced former President to what happened at Trump's South Florida home on Monday, while he was in New York to give a sworn deposition to the state Attorney General, Letitia James, who is investigating him, his kids and his Trump Organization for tax, bank and insurance fraud.

As you've heard by now, the FBI, headed by Trump-appointee Christopher Wray, executed a warrant from a federal judge to search Mar-a-Lago. For what? We do not actually know, though there has been much reporting that it is related to Trump taking at least 15 boxes of Presidential Records, much of them reportedly highly classified, with him to Florida after leaving office.

Most of what we know about what happened Monday comes from either Trump himself or "sources" most likely very close to him, likely describing the matter in the best possible light for him. Trump himself was among the first to confirm the news of the search, misleadingly describing it as a "raid" and declaring Mar-a-Lago "under siege", thanks to "prosecutorial misconduct" and "the weaponization of the Justice System."

"Such an assault," he wrote in his lengthy statement, "could only take place in broken, Third-World Countries. Sadly, America has now become one of those Countries, corrupt at a level not seen before." Naturally, the entirety of the rightwing media and elected Republicans simply took his word for it, vowing to exact revenge on Attorney General Merrick Garland, Joe Biden and Democrats in general. Fox "News" headlined some of its fair and balanced coverage this way: "Raid on Trump's Mar-a-Lago home by Biden's politicized FBI means US now a third world country".

Today, we try to break down what is actually known and mostly still unknown about what happened; what kind of trouble Trump could potentially be in, based on the few known facts; and how he could easily prove his (clearly false) claims about it all by simply releasing the search warrant that he would now have, showing why law enforcement was able to obtain the warrant, what they were looking for, and what criminal laws there is "probable cause" to believe he has committed.

What we absolutely do know: This is either a blunder of historic proportions or, far more likely, a matter of monumental criminal importance. Investigators would have had to demonstrate serious probable cause evidence of a very serious crime under way or about to happen --- otherwise Wray, Garland and a federal judge would not all have signed off on the unprecedented action of issuing a warrant to execute a search of the home of a former President of the United States.

What we also now know (as we've been trying to tell you for some time): Garland appears to be doing his job and the walls are continuing to close in on our indescribably corrupt and criminal former President.

Finally, Desi Doyen joins us today for our latest Green News Report, with special coverage of the other biggest story of the week (now largely big-footed by the "siege" at Mar-a-Lago), Senate Democrats' long-overdue, unified passage of historic climate change legislation...

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If there's one guy you really don't want vowing to dog you, it may be Rhode Island's Democratic Sen. Sheldon Whitehouse, easily one of the most persistent Senators in the upper chamber. If you're Trump's FBI Director or, especially, Supreme Court Justice Brett Kavanaugh, that's probably not good news. But it's just one of the stories covered on today's BradCast. [Audio link to full show is posted below this summary.]

Here's a quick summary of many more of them...

• No, the disappearance of 350,000 votes from CNN's California Recall Election Night live ticker is not proof that it was stolen. Especially when there is a perfectly plausible (and checkable) explanation for it.

• After the well-publicized testimony of U.S. gymnasts in the Senate Judiciary Committee on Wednesday, regarding the FBI's years-long failure to adequately investigate hundreds of allegations of sexual assault against now-convicted team physician Larry Nassar, Sen. Sheldon Whitehouse had a few related questions for Trump-appointed FBI Director Christopher Wray about another similarly flubbed investigation --- perhaps more accurately described as a Trump Administration/FBI cover-up --- regarding serious allegations of sexual assault against a young girl by a now sitting Supreme Court Justice. After alleged sexual assaulter Brett Kavanaugh, Donald Trump's second nominee to be packed onto the U.S. Supreme Court by Republicans, Whitehouse vowed to Christine Blasey Ford, Kavanaugh's main accuser, that he would get to the bottom of the FBI's clearly whitewashed pre-confirmation "background check" probe of Kavanaugh. It's three years later and Whitehouse has not forgotten. As he explained while pressing Wray during Wednesday's hearing, he has been waiting all of that time for answers and documents from the FBI. He made clear to Wray that he will not stop until he gets them. As evidenced by his nearly ten years of weekly "Time to Wake Up" climate addresses on the floor of the U.S. Senate, the Rhode Island Senator does not back down easily.

• The COVID pandemic continues to worsen in the U.S., with no end in sight. That, of course, thanks to the voluntarily unvaccinated. Hospitals across the entire state of Idaho are now rationing care under "critical care standards" that allow them to try and save the lives of those most likely to survive, while offering comfort and best wishes to those unlikely to make it. Similar "death panels" are now in place or "imminent" in other states with similarly low vaccination rates, mostly run by Trumpy, denialist, Republican Governors. While the vast majority of those paying the worst price are the unvaccinated, their selfishness comes at an unspeakable to cost to many who are vaccinated, as we detail today. Those include the Alabama man who died last week in Mississippi after his Trump Country Alabama hospital had to call 43 hospitals before finding one, 200 miles away, that could give him care; the Illinois woman with a comorbidity who died after becoming infected with a breakthrough COVID case after visiting a family friend in Mississippi whose husband had died in the state with one of the lowest vaccine uptake rates; the man in Hawaii who remains in excruciating pain today, because he can't get a non-emergency operation for kidney stones due to lack of oxygen supply for all but COVID patients on all of the islands. Yes, the voluntarily (and selfishly) unvaccinated continue to bring pain, harm, sadness and death to far more people than just themselves...which is already bad enough.

• Finally, Desi Doyen joins us for our latest Green News Report, featuring news on Nicholas, the latest storm to make landfall in our latest record hurricane season, exacerbating recovery in Louisiana, where folks are just beginning to recover from Hurricane Ida the week before last; Biden's continuing push for his landmark climate infrastructure plan; States now beginning to hold plastic producers to account for their pollution; and Vermont stepping up as the latest state to sue fossil fuel giants for decades of deadly lies about climate change...

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On today's BradCast: A good answer to the question of how the hell we got here. We have an FCC that appears fully captured by the very (rightwing) corporate entities it is supposed to be regulating while overseeing control of our public airwaves. [Audio link to show follows below.]

But first, before we get to our main story today, which is a scoop you probably haven't heard about elsewhere, Donald Trump's own FBI Director Christopher Wray testified in the U.S. Senate Homeland Security Committee on Thursday that he is unaware of any evidence to suggest widespread absentee ballot fraud is underway. That runs completely contrary to the President of the United States' continued, persistent, repeated, evidence-free claims that Democrats are running some kind of massive absentee ballot fraud scam to steal the election from Trump.

On the other hand, Donald Trump was and is trying to steal the U.S. Census from the people of the United States. But on Friday, a federal judge ordered a stop to it, based on testimony and email from Census Bureau officials revealing that the Commerce Department's order for the Constitutionally-mandated decennial head count to be prematurely ended this month would result in fatally flawed headcount data. The Trump Administration has been trying to complete the tally in time to turn it over to the President for final approval by the end of this year, to avoid the current deadline of April 2021 when Joe Biden could be in office to approve it instead. The attempt to force an under-count, according to critics, would bastardized U.S. House seat apportionment, as well as thousands of state legislative seats and the distribution of some $1.5 trillion in federal spending for the next ten years. It would also result in the under-count of minorities and the shifting of political power to white, rural Republican districts.

And speaking of politically captured federal agencies, earlier this week at The BRAD BLOG, award-winning journalist turned media reform activist SUE WILSON broke the story of a "Petition to Deny" license renewals filed against three broadcast television stations in the Baltimore market. The petition, filed by longtime, D.C.-based Republican communications attorney and former FCC official ART BELENDIUK, charges that the giant, rightwing corporate TV station owner Sinclair Broadcast Group is unlawfully violating the Telecommunications Act [PDF] by secretly owning or controlling three stations in the Baltimore market, when they are only allowed to own one.

Belendiuk and Wilson join me on today's program to explain how the far-right Sinclair, which own Baltimore's WBFF, also secretly controls the ownership of Cunningham Broadcast, which nominally owns WNUV and Deerfield Media, which holds the license to WUTB in the same market. Belendiuk explains how that violates federal restrictions on media ownership, while noting that his "Petition to Deny", filed in Baltimore in hopes of blocking the stations' licensing renewals, is just the first such Petition, given that Sinclair is pulling the same corporate shell game scam with stations all across the country.

"You can have relationships with other stations in the market, but they're carefully regulated by the FCC," Belendiuk tells me. "But Sinclair has gone way beyond that, down to the point of setting the salary of the president of Cunningham. That's not the kind of thing you do at arm's length. Cunningham, which is the main partner of Sinclair, has twenty stations in twenty different markets and they're all paired with Sinclair. So this isn't a Baltimore problem, it's just that the petition had to be filed in Baltimore because of FCC reasons. The first place you could file was in Baltimore."

Wilson detailed in her recent report how, under the FCC's regulation of the Telecommunications Act, "In a single local broadcast market, one company may apply to own two stations --- if there are nine or more stations in that market. [But] Baltimore has just eight stations, and three of them are actually owned by Sinclair."

Sinclair, which officially owns almost 200 hundred TV stations across the county in more than 100 markets, largely in the South and Midwest, first came to national prominence when they mandated their hundreds of otherwise trusted local TV news anchors to read a script on air about "fake news" being a threat to democracy, back in early 2018. As their stations are affiliated with various networks such as ABC, Fox and The CW, local viewers often have no idea they are actually watching a Sinclair station, with a far-right corporate owner controlling the local station's newsroom.

"What's really at stake here are the diversity of voices that we the people get to hear on our local TV stations," Wilson explains. "Local television news is really the medium that most of us trust more than any other today for our news. This is really cutting away at that kind of trust, when you allow one company to own so many stations." She says "the law is clear," but the FCC, whose chairman Ajit Pai was appointed by Donald Trump, is failing to enforce it, even though the details of the sham ownership of the stations and companies controlled by Sinclair were discovered in both FCC and Securities and Exchange Commission (SEC) documents, according to Belendiuk's petition

"The commission is aware of this," Belendiuk insists. "Enough is enough. it's time for the FCC to stop looking the other way."

The self-described "political conservative" also shares the progressive Wilson's concerns about the dangers of the lack of diversity over our public airwaves. "In many markets --- take Columbus, Ohio --- they own two major network affiliates, Fox and I believe an NBC station. That means every day at 6 o'clock there are two local newscasts going out holding one political view. That's not what the Communications Act intended. The Communications Act intended that there should be a diversity of views. If there's a Sinclair with a clear rightwing view, there should be another station that has a middle-ground view, and one that maybe has a leftwing view. There shouldn't be one voice."

He goes on to discuss the serious "impacts" all of this has on our politics and elections. "It really, really matters to the people of Columbus, Ohio. And they're being deprived of the information they need to vote for the candidate of their choice. Whether you're voting Republican or Democrat, that vote should be an informed vote. When you control the local news, which is really what I see as the problem, then I'm no longer getting that kind of information that I need to make an informed decision."

Belendiuk notes that station license renewals, which come up every eight years, will also be happening soon in other markets around the country where, he says, "any citizen can file a petition saying why they don't serve --- and this is in the Communications Act --- 'the public interest, convenience, or necessity'," before he details how Sinclair has been repeatedly fined by the FCC for other violations over the years when they were found to not be acting in the public interest as mandated.

Sinclair has until October 1 to respond to the Petition, after which the matter will either be decided by the FCC or, if they ignore or attempt to whitewash the complaint, by a federal Appeals Court, Belendiuk vows.

There is much more on all of this in today's show, including information on how you can reach him and take action locally if you feel, like he does, that "enough is enough".

Finally today, because this week has been more than "enough", we end with the overdue return of one of our favorite Trump-era musical satirists! Randy Rainbow sends us off into the weekend with a tune that we dare you to get out of your head after you hear it...

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As my rant near the top of today's BradCast makes clear --- there is a now mountain of madness emanating from the White House. All of it now going on at one time, as Donald Trump and the Republican Party become more desperate with each passing day before this year's election. And while the mountain of unfolding nightmarish stories I quickly cover in that rant are all terrible --- some of them horrific, in fact --- none of them matter, for the moment, as much as making sure that everyone is able to vote this safely this year and have their votes counted as cast in the November 3rd election. That is how we will keep ourselves and this republic alive, as this President and his Administration (and their party) appear to have no interest in that. I hope you'll enjoy the rant nonetheless. [Audio link to today's show follows below the summary.]

Before and after today's rant...

• We kick off our show with the new ad from Republican Voters Against Trump, featuring Olivia Troye, a former top aide to Vice President Mike Pence as his homeland security advisor and his lead staffer on the White House Coronavirus Task Force "from day one". Troye, who left the White House in July, announced today that she is endorsing Joe Biden and explains why in the video ad that excoriates Trump for not wanting to hear about the pandemic back in February "because his biggest concern was that we were in an election year and how was this going to effect his record of success." She goes on to charge that Trump "doesn't care about anyone else but himself" and once described his supporters during a task force meeting as "disgusting people";

• Then, a bit of testimony from Donald Trump's FBI Director Christopher Wray, in a hearing today before the U.S. House Homeland Security Committee in which the man Trump hired to replace the fired James Comey explains that Russia is currently undertaking "very active efforts...to influence our election in 2020 through what I would call more than malign foreign influence". He testified that the Russian effort underway is meant to denigrate Joe Biden;

• But, as noted in our rant, ultimately, none of it matters unless American voters can safely vote and have their vote counted as cast. Toward that end, we have several stories of mostly good news for voting rights, beginning with the federal judge in Washington State who issued a nationwide preliminary injunction today to block what he describes as "a politically motivated attack on the efficiency of the Postal Service" before the November election. The injunction was sought in a suit filed by 14 states against the Trump Administration and the U.S. Postal Service. It seeks to block measures implemented by new Postmaster General and major Trump/RNC donor Louis DeJoy which slowed down mail delivery in advance of an election that will see record mail-in voting due to Trump's failure to control the coronavirus pandemic;

• That is hardly the only effort underway by Trump and his party to make voting by mail more difficult this year. But we've got mostly good news to report today from the Supreme Court in the key battleground state of Pennsylvania. The high court approved the use of absentee ballot drop-boxes and is allowing ballots received by elections officials to be tallied if they arrive as late as three days after Election Day and are postmarked by November 3rd. The setback for Team Trump in the state Court's series of rulings on Thursday also included upholding a state requirement that poll watchers must live in the county where they are poll watching (while that's not optimal in most cases, it may be necessary this year to prevent the GOP from bringing in people to intimidate voters. We explain why that is.)

  In more good Keystone State news for Democrats, the state Supremes also ruled that the Green Party failed to qualify for this year's Presidential ballot. In better news for Trump and the GOP --- though not good news for voting rights advocates --- the Court denied a Democratic request for voters to be notified to come in and cure absentee ballot deficiencies --- such as missing or perceived mismatched signatures or missing secrecy envelopes --- before those ballots are rejected. Hopefully this serves as a warning to voters in PA (and everywhere else!) to follow all the rules for absentee voting carefully before mailing --- or, better yet --- dropping off ballots in person this year, where allowed. A lawsuit challenging some of the same issues has been filed by the Trump Campaign in federal court, where the Trump-appointed judge in charge of that case has put it on hold as the state cases moved forward. We'll see what that federal judge does now.

• The embarrassing battle over absentee ballot drop-boxes continued today in the longtime battleground state of Ohio, leading the Republican Chief Justice of the state's Supreme Court to excoriate her own party for attacks they leveled against Democratic Franklin County Common Pleas Judge Richard Frye after he found in favor of Democrats earlier this week in the state suit they filed against Republican Secretary of State Frank LaRose. In that case, Frye found that state law allows Counties to deploy as many secure mail-in ballot drop-boxes as they'd like.

  Longtime "conservative stalwart" and Chief Justice Maureen O'Connor issued a blistering rebuke against state Republicans for their response to Frye's finding, calling the GOP's allegations "disgraceful" and "deceitful" and "a blatant and unfounded attack". Nonetheless, even after Frye's finding, LaRose has so far declined to lift his August directive mandating only one drop-box in each of the Buckeye State's 88 counties and has vowed to appeal Frye's ruling. That turns out to be in contradiction of what the Secretary indicated previously, when he told many people --- including a top labor official in the state (via text messages) as well as a federal judge in a parallel federal suit --- that he would be happy to change his order once a Court clarified if it was allowable under state law. But LaRose, apparently, is a liar...or a coward cowed by his own party;

• In our final War on Voting story for today (yes, there will be many more to come in the days ahead, sadly), South Carolina's Republican Governor signed a law this week that will allow any state voter to vote by absentee ballot this year, no excuse needed, in response to the nation's still-out-of-control COVID-19 pandemic. That's good news. But the legislation adopted this week by the GOP-dominated state legislature failed to include several provisions sought by Democrats, including the use of secure drop-boxes for absentee ballots and the waiving of a requirement for a witness to sign the mail-in ballot. The changes to state election law come as incumbent Republican U.S. Senator and Trump lackey Lindsey Graham is said to be TIED in pre-election polling with Democratic challenger Jaime Harrison in the Palmetto State in what could be a stunning upset this November...if ALL voters in the state are allowed to vote and to see their votes counted as cast;

• Finally today, in a brief respite from the War Against the War on Voting, Desi Doyen joins us for our latest Green News Report, with some of the ongoing brutal news this week in the war against our ever worsening and deadly climate crisis and those who continue to pretend it doesn't exist...even in a week like this one...

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It's NICOLE SANDLER back again guest hosting the BradCast on a day filled with breaking news.

From the release of the DOJ's Inspector General's Report on the origins of the Russia probe to the surprise huge story from the Washington Post, 'The Afghanistan Papers: A secret history of the war - At War with the Truth' and lots more, I begin the show recapping it all.

Then we move to the main event, the House Judiciary Committee hearing on the Intelligence Committee report on the impeachment inquiry. Daniel Goldman, the lead investigative counsel for the House Intelligence Committee, was the Democrats' lone witness who summarized the Democratic case for Trump's impeachment.

In his 45-minute opening statement, Goldman explained, "We are here today because Donald J. Trump, the 45th president of the United States, abused the power of his office, the American presidency, for his political and personal benefit. As part of this scheme, President Trump applied increasing pressure on the president of Ukraine to publicly announce two investigations helpful to his personal reelection efforts... When faced with the opening of an official impeachment inquiry into his conduct, President Trump launched an unprecedented campaign of obstruction of Congress — ordering executive branch agencies and government officials to defy subpoenas for documents and testimony...President Trump’s persistent and continuing effort to coerce a foreign country to help him cheat to win an election is a clear and present danger to our free and fair elections and to our national security."

Next stop, articles of impeachment? Tune in tomorrow for As the Trump Squirms...

Download MP3 or listen online below...

Donald Trump is, apparently, not content with just breaking America. Now he seems desperate to break the entire world. Also, back home, the lie of Republican "conservatism" is revealed, yet again, to be little more than a marketing gimmick for the party. Unfortunately, it also turns out to be deadly.

Among the stories covered on today's BradCast [Audio link to show posted below]...

• An apparent lie Donald Trump told on Monday about India's Prime Minister asking for his help to mediate the years-long Pakistan/India dispute over the Kashmir region, resulted in chaos and outrage in the Indian Parliament on Tuesday;

• At the same White House press avail with Pakistan's Prime Minister on Monday, Donald Trump also boasted how he "has plans" that, if he wanted to, "Afghanistan would be wiped off the face of the earth" in "literally ten days". Benevolently, however, he added that he just doesn't "want to kill ten million people". The remarks do not appear to be going over well in Afghanistan;

• With Trump's great foreign policy successes, the Conservative Party in the UK has selected the Trumpiest character they could find to be their next Prime Minister after three years of failed Brexit efforts. Boris Johnson will now replace the outgoing Theresa May in that post and, after being a key supporter of Brexit, Johnson vows he will pull the UK out of the European Union, "do or die", by October 31st. That, even if it means leaving without an agreement with the EU, no matter how much havoc would almost certainly ensue thereafter;

• Back at home, Trump's Swamp gets swampier still as Mark Esper, the longtime lobbyist for defense contractor Raytheon, is confirmed by the U.S. Senate to be our new Defense Secretary. There may be an upside, however, but if so, he probably won't last long;

• GOP "conservatism" was revealed, yet again, for the joke that it has long been, as the Trump Administration and Congressional Democrats agreed on Monday night to a two-year budget accord that will increase spending by some $320 billion and avoid further debt-ceiling battles until 2021, the first year of the next Presidential Administration. With that agreement --- presuming Fox and friends don't convince Trump to reverse himself again --- record debt and deficit will continue to balloon under this Republican President, as it has during his first several years in office. Once again, putting the lie to the notion that Republicans are actually concerned about debt, deficit or federal spending, at least when a Republican is in the White House. Between the unpaid-for Trump/GOP tax cuts for the wealthy of $1.5 trillion, and year-over-year increases in federal spending since Trump's been in office, the annual deficit has now ballooned to nearly $1 trillion a year with the national debt reaching $22 trillion. That, after decreased deficits, year after year, during the last four years of the Obama Administration. No doubt, Republicans will pretend to be "conservatives" again just as soon as there is a Democrat in the White House once more. And they'll have a new fight over the debt ceiling to do it with, presuming Trump is out by 2021. That's the "conservative" scam, and it's shameful that the media --- and even Democrats --- continue to fall for it by calling them "conservatives". They are nothing of the kind;

• Their pretend "conservatism", however --- whenever it is convenient to hide behind the label --- is also deadly. A new study by the National Bureau of Economic Research finds that, thanks to the GOP-controlled states that refused to expand Medicaid under the Affordable Care Act (Obamacare), approximately 15,600 deaths have occurred that otherwise would not have. Many of those states are also part of the group suing to kill the ACA entirely, a case heard last week by the 5th U.S. Circuit Court of Appeals. If they are successful in striking down Obamacare in its entirety as unconstitutional, it means that some 24,000 Americans per year could die that otherwise would have lived. That's how GOP "conservatism" works. (Never mind that whole "provide for the general welfare" nonsense in the Constitution that they pretend to revere when occasionally convenient for them);

• Last week, Republicans in the Senate actually agreed to adopt a measure that would make hacking a voting system a federal crime. (Did you know that it wasn't?) And today, on the eve of long-awaited U.S. House testimony by former Special Counsel Robert Mueller, Trump's own FBI Director Christopher Wray told the Republican-led Senate Judiciary Committee that he believes "the Russians are absolute intent on trying to interfere with our elections";

• And finally, Desi Doyen joins us for the latest Green News Report, in which the latest climate change-fueled record heat wave reveals the vulnerability of U.S. infrastructure, the Trump EPA refuses to ban a toxic pesticide (made by a top Trump donor) which causes brain damage in children, the Trump 2020 campaign trolls the libs with recyclable and reusable straws (seriously) and Berkeley, CA becomes the first city in the nation to ban natural gas in new home construction...

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On today's BradCast: Following a shameful performance in the Senate Judiciary Committee on Wednesday, Trump's Attorney General (and personal fixer) William Barr failed to even show up for his testimony in the House Judiciary Committee on Thursday, as calls for his resignation increase and as both Trump's FBI Director Christopher Wray and Hillary Clinton issue similarly warnings about the possibility of a stolen election in 2020. [Audio link to show is posted below.]

While some so-called "moderate" Democrats are only now having second thoughts about having voted for the confirmation of Trump's new A.G. following revelations this week of a letter from Special Counsel Robert Mueller to Barr complaining that he had misrepresented the Special Counsel's two-year report to the American people, other Democrats, including many running for the 2020 Presidential nomination are calling for Barr to step down. When even Chris Wallace of Fox "News" calls out a Republican --- and the "opinion people who appear on this network, who may be pushing a political agenda" --- you know that Republican must have done something very bad.

At a press conference today, House Speaker Nancy Pelosi described Barr's sworn Congressional testimony in early April as a crime, citing his statements that he had no idea how Mueller and his team felt about the 4-page letter Barr had released, inappropriately clearing Donald Trump of obstruction of justice, despite the probe detailing at least 10 instances when the President appears to have done just that. "What is deadly serious is that the attorney general of the United States of America was not telling the truth to the Congress of the United States. That’s a crime," Pelosi asserted, adding: "If anybody else did that, it would be considered a crime. Nobody is above the law, not President of the United States and not the Attorney General."

At the same time, Barr failed to show up for a hearing in the House Judiciary Committee today, after previously agreeing to testify. He changed his mind after facing tough questions at yesterday Senate Hearing, while citing the House panel's decision to allow staff counsel to ask questions as the reason for bowing out. The Committee's Chair Rep. Jerrold Nadler, during his opening remarks before Barr's empty witness chair, slammed the A.G. for a "lack of candor" and of having "misrepresented the findings of the Special Counsel." Nadler accused him of "failing to check the President's worst instinct", for having "failed to protect the Special Counsel's investigation from unfair political attacks", for having "failed the men and women of the Department of Justice", adding that "he has even failed to show up today." Democratic members of the panel mocked Barr's absence by munching on KFC and placing a toy plastic chicken in front of his witness name tag. While he didn't yet move to hold the nation's top cop in contempt of Congress, he suggested that may happen soon.

As we wait for Democrats to take real action to hold either Barr or Trump accountable, on MSNBC's Rachel Maddow Show Wednesday night, the 2016 Democratic Presidential nominee Hillary Clinton warned that "unless we know how to protect our election from what happened before and what could happen again," even the very best Democratic candidate could lose in 2020, due to the ongoing threat of foreign interference.

The former Democratic Senator and Secretary of State's comments echoed those recently offered by Trump's own FBI chief Christopher Wray. Last week, during comments at the Council of Foreign Relations, Wray claimed "enormous strides have been made since 2016 by all the different federal agencies, state and local election officials" and others," but said he is viewing whatever happened in 2018 as a "dress rehearsal" for "the big show in 2020".

We explain what both Clinton and Wray got right and wrong in their warnings and how, despite Clinton's stated concern that she might "scare" people with her language, voters should, in fact, be very worried about 2020, as jurisdictions around the nation are being allowed to implement new systems in advance of the next Presidential election that are even more difficult for the public to oversee (and thus, prevent manipulation) than many of the voting and tabulation systems they are replacing.

Finally, Desi Doyen joins us for the latest Green News Report with details on new climate action plans from Presidential hopefuls Beto O'Rourke and Cory Booker, some good news from voters regarding climate concerns, bad climate change news for Jakarta and Washington D.C., and some good news for residents of New York State...

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

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

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

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

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

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

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

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

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

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On today's BradCast: That mighty "thud" you heard on Friday morning? It may have been the release by Donald Trump and U.S. House Republicans of their long-awaited, much-ballyhooed, self-generated memo, which they promised would expose "worse than Watergate" crimes and wildly biased partisan "witch hunt" activities by the FBI and DoJ as part of their investigation into whether Team Trump worked with Russia to undermine the 2016 Presidential election. It did none of those things. But it does expose them as hypocrites when it comes to U.S. surveillance policies. [Audio link to show posted below.]

The three-and-half page memo was released on Friday despite the strenuous objections of Democrats and Trump appointees at the FBI and DoJ who shared "grave concerns about material omissions of fact that fundamentally impact the memo's accuracy" before its release. Trump didn't care. The document, made of partial, cherry-picked facts, is meant to suggest the FBI inappropriately obtained a secret warrant (and three renewals for it) from the Foreign Intelligence Surveillance Court (FISC) to spy on Carter Page in late 2016. Page was a Trump campaign volunteer who had long been on the radar of the intelligence community after being cited in intercepts from Russian intelligence agents discussing him as an asset as early as 2013.

The newly declassified memo is the work of U.S. House Intelligence Committee Chair Devin Nunes (R-CA) and his staff, who may or may not have worked with the White House itself on the effort, but it ultimately appears to do little to bolster their argument that Republican Robert Mueller's Special Counsel probe is in some way compromised by Democratic partisans. (Even Shepard Smith of Fox "News" seems to agree.)

It does, however, underscore concerns about the manner in which Foreign Intelligence Surveillance Act warrants are obtained in the secret FISA Court, where there is no adversarial opposition to the secret case offered by the Government. All of which begs the question as to why Nunes himself voted just two weeks ago against FISA reforms advocated by civil libertarians on the Right and Left, and in favor of extending and expanding the controversial surveillance law for another 6 years. It also begs the question as to why Trump signed that FISA extension without reforms to the process that he and Nunes are now claiming to be so troubled by. Again, that was all just two weeks ago! [My conversation on that matter on this show, two weeks ago with former DoJ attorney Elizabeth Goitein --- after Nunes and the House passed the bill, and just before Trump signed it --- is right here.]

Then, as the cable news channels continue to devote nearly 24/7 to political intrigue and food fights, a reminder that a fish rots from the head down. To that end, the petty cruelty of Donald Trump is permeating its way into executive branch agencies, polices and behavior with nowhere near the media sunlight it deserves. We cover a number of the under-reported recent stories of how his cruel, hard-line immigration policies are ripping families apart and hurting real people, right now, and at least one federal judge who drew a hard line in the sand this week against at least one aspect of those policies.

Finally, as promised earlier this week, a disturbing story about Diebold, the makers of ATMs and (formerly) of computer voting, registration and tabulation systems, and a newly-issued warning that their ATMs are being hacked to spit out cash in a scheme called "jackpotting". But while the security built into their machines that contain thousands of dollars of actual cash may not be great, you needn't worry about the security of their systems used to cast and count our votes in at least one-third of the country this year in our upcoming 2018 midterm elections, right? After all, neither Trump nor Nunes nor the rest of the Congressional Republicans appear to be too concerned about it, so why should you be?...

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On today's BradCast, a stunning story of remarkably lax Department of Defense oversight of lethal weaponry given away for free to state and local law enforcement agencies, and the government office which discovered the horrifying failure. [Audio link to complete show follows below.]

But, before and after that story, a few more sordid tales of government dysfunction, including: The U.S. Senate confirmation of a new FBI Director; Keystone XL pipeline may never get built after all; EPA loses in court attempting to roll back methane regulation; Earth is in very very big trouble (or, at least those of us who live on it are); GOP "voter fraud" fraudster and federal court scofflaw Kris Kobach's latest "bizarre" court appeal to avoid an under-oath deposition; and fired White House Comms Director Anthony Scaramucci's terrible week gets even worse.

As to our main story today: The U.S. Government Accountability Office (GAO) recently set up a phony law enforcement agency website and was able to use it to obtain over one million dollars worth of military-grade equipment and weaponry via the Pentagon's so-called 1033 program. The Department of Defense program offers everything from surplus mine-resistant armored vehicles, to high-powered assault weaponry and even helicopters and airplanes to state and local law enforcement agencies --- for free. The program, as of 2014, had doled out more than $5 billion in such equipment.

We're joined today by ZINA MERRITT, who, as Director of Defense Capabilities and Management at the GAO, helped create the disturbingly successful sting operation and the accompanying report on what happened, including recommendations to keep it from happening again. She also testified before Congress about all of this last week. The DoD's controversial 1033 program gained notoriety in 2014, during the protests in Ferguson, MO, when St. Louis County's police force rolled out tactical military gear and weaponry in response.

Merritt explains how the sting --- which netted "over 100 controlled items with an estimated value of $1.2 million, including night-vision goggles, simulated rifles, and simulated pipe bombs" --- was carried out, and what she describes as the "systematic breakdown in the controls at every level." The GAO had been tasked by Congress, during reforms to the program instituted under Obama, to probe the DoD unit where fake law enforcement officials were able to obtain real gear with a fake website and fake IDs (which weren't even checked at several of the warehouses when they picked up what could have been lethal equipment. Good thing they weren't attempting to vote!)

"We submitted [the application] online, and all you had to have, in order to do that, was a website as well as a point of contact, a physical location, and actual names --- points of contact --- within the agency. Also, you had to identify how many particular sworn officials that you have as a part of your agency. So we created all of that and submitted it," Merritt tells me, explaining that apparently none of it was actually verified by the DoD. "The actual physical location that we provided was an empty lot," she says.

Merritt also explains the recent reforms that have been made to the program, via Executive Order by Obama in 2016 (grenade launchers, for example, are no longer available, even though the Los Angeles Unified School District had obtained several prior to those reforms!), the several recommendations the GAO has now made to correct the startling security gaps in the program revealed by the sting operation, and whether "bad guys" may have already pulled off what the GAO has now discovered was easily done.

We also discuss how the 1033 program could be changed again by Trump, and whether the GAO --- an agency controlled by the U.S. Congress --- is facing changes under the new Administration...

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