On today's BradCast, a close look at the scheme that Kentucky's Republican Governor may now be trying to pull off in hopes of stealing last Tuesday's election from the apparent Democratic winner. [Audio link to show follows below.]

But, first up today, paper tiger Donald Trump, after vowing he'd never settle the case by New York Attorney General against his fraudulent "charitable" organization called the Trump Foundation, agreed to settle today after all. A state judge fined the President of the United States $2 million after finding he misused the foundation, repeatedly and illegally, to further his own political and business interests. Trump admitted to the wrong doing detailed in the settlement.

Moreover, the remaining $1.7 million in the organization's bank account will be donated, along with the $2 million fine, to several different charities, including the United Negro College Fund and U.S. Holocaust Memorial Museum. Trump and his three children who sat on the Foundation's board will be restricted in their ability to sit on the boards of charitable organizations in the future. And while one might think that being forced by a court to pay up nearly $4 million after admitting to using a charitable foundation to rip people off would be grounds for impeachment, given the indescribably unending criminality of Donald Trump, it seems unlikely this matter will even come up in the U.S. House's ongoing impeachment proceedings against him.

To that end, House Dems have announced the schedule for the first public hearings in the impeachment inquiry to kick off next Wednesday, featuring two of Trump's top State Department officials who will testify to his politically motivated extortion plot against Ukraine. One of those officials, Deputy Asst. Sec. of State George Kent, is said to have taken copious contemporaneous notes after becoming concerned that the White House's attempted quid pro quo was "injurious to the rule of law, both in Ukraine and the U.S," according to a transcript of Kent's recent closed-door Congressional deposition made public on Thursday.

But, of course, we are still covering the ongoing fall-out from Tuesday's off-year elections, in which Dems flipped the Virginia House and Senate "blue" for the first time in decades, and as brand-new touchscreen voting machines deployed in Pennsylvania and in Georgia failed disastrously on their initial trial run before 2020.

Today, we focus on the potentially disturbing developments in Kentucky, where the state's unpopular and very Trumpy Republican Gov. Matt Bevin is said to have lost by just over 5,000 votes (out of some 1.4 million cast) to Democratic challenger Andy Beshear on Tuesday. Since then, Bevin has refused to concede, citing "well-corroborated irregularities" including what he described on Wednesday as "'thousands of absentee ballots that were illegally counted," reports of voters being "incorrectly turned away" from the polls, and "a number of machines that didn't work properly." He has yet to offer actual details on those serious allegations, but has formally requested a "recanvass" of tallies. That, according to KY's Sec. of State, will be carried out next Thursday, in a state with a very recent history of serious election rigging --- at least by very powerful insiders.

However, while the Bluegrass State has rules to resolve contested elections with recounts, those statutes specifically do not apply to gubernatorial races, oddly enough. And that's where things get quite murky in the state. Contested gubernatorial races are settled by a vote of both Houses of the General Assembly. Both chambers in the state (which Trump won by some 30 points in 2016) are currently controlled by Republicans. The last time a gubernatorial contest occurred in the state --- in 1899 --- it ended with an assassination.

While a GOP scheme to steal the election from a Democrat this way seems ridiculously far-fetched at first glance, a number of normally quite conservative election law experts are taking the matter quite seriously, given Bevin's current playbook which, some of them suggest, mirrors that of his close pal Donald Trump and what he may do in 2020 if things don't go his way.

We're joined by one of the nation's top experts on all of this today, University of Kentucky College of Law's JOSHUA A. DOUGLAS, to explain what happened on Tuesday; why Bevin's scheme and potential help from GOPers in the state legislature could augur very darkly for our democratic system; what all of this means for Mitch McConnell (the other similarly unpopular statewide Republican who just happens to be on the 2020 ballot); and what --- if Bevin turns out to be the same paper tiger that Trump is --- we should expect from the new Democratic Gov. Beshear's administration in an otherwise still very "red" southern state.

"There is danger," Douglas tells me today. "but it's not about irregularities. It's about the Governor's rhetoric and his allegations of 'voter fraud' and problems without any evidence whatsoever. I think that's really dangerous for our democracy, because it can undermine the public's confidence in our electoral system. I have not seen any evidence whatsoever that there were any problems in the way that Tuesday's elections were run. In fact, it was a fairly quiet Election Day [and] I usually hear about things that might be concerning. The danger here is really Gov. Bevin's allegations without any evidence, and Republican leaders' failure to call him out on that point."

"It's very concerning for what could happen in 2020 if Trump does not win re-election, and he also refuses to concede defeat by peddling theories of 'voter fraud' without any evidence," says Douglas.

Tune in for much more!

Finally today, Desi Doyen joins us for the 999th edition of our Green News Report! And it's at least as disturbing as the previous 998. Next week: GNR1000! And thanks to those of you who make our nearly 11 years of climate coverage possible with your much-needed donations at BradBlog.com/Donate!

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On today's BradCast: There was much for Democrats to be delighted about in Tuesday's off-year elections around the country, though plenty for them to be remain very concerned about, including the failure of brand new voting system in several key battleground states. (Not to mention new charges of election fraud filed against Republicans in Ohio.) [Audio link to show follows below.]

We pick up today where we left off on yesterday's program, regarding disturbing voting disasters in several states, as nearly two-decade old touchscreen voting systems failed in Indiana, including flipping votes for at least the fifth year in a row, while brand-new, 100% unverifiable touchscreen voting systems being deployed in Pennsylvania and Georgia failed fantastically in several counties. Some voters were left unable to vote at all or facing long lines --- even during otherwise sparsely attended off-year municipal elections! Some candidates were left off of the electronic ballots all together and others found themselves with reportedly ZERO votes recorded on the all-new, way-better-than-the-old unverifiable touchscreen computer Ballot Marking Devices (BMDs) tested in both PA and GA before wide deployment for the critical 2020 Presidential election.

In GA, voters were unable to vote in 4 of 6 counties where the new $100 million Dominion Voting Systems ImageCast machines were test run in municipal elections, before they are deployed statewide to 7.5 million voters next year. The electronic pollbook systems that creates voter cards that must be inserted into the touchscreens weren't working properly on Election Day in those 4 counties, after they had worked fine during pre-election tests and early voting.

In the critical battleground state of PA, there were all kinds of problems with the new ES&S ExpressVote XL systems deployed for the first time to Northampton County (where the systems were said to be operating incredibly slowly and results were reported as 0 for some candidates, as later confirmed by the County) and in Philadelphia, where candidate names were missing and many of the machines reportedly refused to work at all. (But this will all be fine by 2020, right?)

As to actual reported results from key contests on Tuesday, we break down a disappointing, if not completely surprising gubernatorial loss for Dems in Mississippi, a big apparent win for Kentucky Democratic gubernatorial candidate Andy Beshear and the challenge to that still-unofficial victory by the state's unpopular Governor Matt Bevin, and then the unequivocal success for Dems in the great Commonwealth of Virginia. There, a blue wave resulted in new Democratic majorities in both the House of Delegates and state Senate. The long-awaited victories, along with a Democrat already in the Governor's mansion, mean that Dems will enjoy a "trifecta" in Virginia for the first time in nearly 25 years.

We're joined today by DELEGATE MARK LEVINE, representing Virginia's 45th District (including parts of Alexandria, Arlington, and Fairfax County) in the House of Delegates. Levine, who ran uncontested for his third term on Tuesday, credits Trump, almost entirely for the rise of the Democratic Party in the once deeply-red state. "I like to say the only good thing Donald Trump has ever done in his life is help us win state legislative seats," he says, describing the President as "the gift that keeps on giving". He "fed our fire," he argues, adding that he believes the ongoing impeachment proceedings helped, rather than hurt, turnout for Democrats in the Commonwealth just outside of Washington D.C

We also discuss the effect that recently court-ordered un-gerrymandered maps had on flipping the two General Assembly chambers from red to blue on Tuesday, as well as the role the state's recent switch from hackable and unverifiable touchscreen voting systems to hand-marked paper ballots may have had, and whether Democrats will continue to support a state constitutional amendment for an independent redistricting commission now that they will be in control of both the Assembly and the Governor's mansion after the 2020 Census.

Levine, the longtime progressive radio host of "The Inside Scoop from Washington", breaks down a litany of long overdue policy agendas Democrats plan to undertake with their newly won majorities, including becoming the final state needed to ratify the Equal Rights Amendment (though legal battles await after their passage of the ERA).

"We're going to lead the way on gun safety laws. We're going to finally do something about climate change, which the Republicans have been fighting us on for decades. We're going to raise the minimum wage. We're going to do criminal justice reform. We're going to have non-discrimination for LGBT Virginians. We're going to improve education and teacher salaries, and workers' rights, consumers' rights, lower the cost of health care --- I'm really just getting started," he says, before explaining that "Democrats are unanimous" when it comes to expanding voting rights as well, including making it easier to vote with early voting, same-day registration and more.

"We're going to get past the Joe Biden wing of the party and into the Elizabeth Warren wing of the party," he vows. "Maybe some things on the further-most progressive edge, we might not have the votes for. But we're going to do a lot to change Virginia in a very blue direction"...

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The outlook for Donald Trump appears grimmer by the day, but the systemic institutional problems that brought him to office and have now helped bring him to the brink of impeachment are of even larger concern on today's BradCast. [Audio link to today's program is posted below.]

First up, the latest in the House's ongoing impeachment inquiry, as the worm may --- emphasis on 'may' --- be turning, following Trump's Acting Chief of Staff Mick Mulvaney's nationally-televised admission that the Administration withheld hundreds of millions of dollars in Congressionally-allocated military aide to Ukraine in an effort to strong-arm the former Soviet nation into investigating Democrats and the 2016 election. Mulvaney's "confession", as House Speaker Nancy Pelosi described it, of a pretty clear quid pro quo has knocked several Republicans off their footing, as they struggle to find ways to defend the President's actions.

A number of Congressional Republicans in both the House and the Senate now appear troubled by the admission (which Mulvaney attempted to walk back just hours later) and it has led Ohio's former Republican Governor John Kasich to concede on Friday that he now supports the impeachment and removal of Trump based on the latest information.

Then, we're joined by BRENDAN FISCHER, Associate Counsel at the Campaign Legal Center (CLC) in Washington D.C., which filed a formal complaint with the Federal Elections Commission (FEC) in July of 2018, detailing serious campaign fiance law violations by Rudy Giuliani associates Lev Parnas and Igor Fruman. The Soviet-born Ukrainian-Americans were dramatically arrested and indicted at Dulles International Airport just over a week ago by federal prosecutors from the Southern District of New York, as they were attempting to flee the country with one way tickets to Vienna. Parnas and Fruman were charged [PDF] with using a fake shell corporation to illegally funnel hundreds of thousands of dollars from an unknown source to Republicans, including Trump's America First Action SuperPAC, in a successful effort to gain political power.

They also paid some $500 thousand to Giuliani --- who is working, for free, as Trump's personal lawyer --- and donated to Texas Congressman Pete Sessions, all in an effort to act on the conspiracy theories used by Trump and Giuliani to strong-arm Ukraine. As Fischer lays out in a piece at CLC detailing the backstory of the arrests of the two Trump donors, "Working closely with the president’s personal attorney, Giuliani, their efforts touched two branches of U.S. government, two presidential administrations in Ukraine, at least five countries, numerous individuals in and out of government, and, now, an impeachment inquiry into the U.S. President himself."

"The big giving opened a lot of doors," Fischer tells me. "It got them into political fundraisers where they rubbed shoulders with President Trump's inner circle. That money allowed them to build and deepen a relationship with Giuliani. And they were able to leverage that relationship in order to advance this narrative about Ukraine --- the same narrative about Ukraine that President Trump espoused in his call with Ukrainian President Zelensky, which has now led to this impeachment inquiry."

In other words, despite the ongoing mysteries behind the true source of their funding, they got a lot of bang for their campaign finance bucks used to buy influence with GOP officials and effect actual U.S. foreign policy in the bargain. But, as Fischer explains on today's program, had they not used a phony corporation to do it with someone else's money (and lied about that to the FEC), everything they did appears to be largely perfectly legal under U.S. campaign finance laws! Yes, apparently if you have enough money, you are allowed to use it to buy a major political influence operation that can directly effect U.S. foreign and domestic policy, even out of the White House.

Fischer explains how the dark money operation --- which didn't even include all that much money --- is still being unraveled by federal investigators as the probe (which could even nab Giuliani) continues and, perhaps even more importantly, how it may represent just be the tip of a campaign finance iceberg that illustrates the dangers of our disgraceful campaign finance laws in the wake of the Supreme Court's Citizens United ruling in 2010.

"The indictment makes clear that the purpose of the political contributions that Parnas and Fruman made was to buy access and to build influence with powerful political officials in order to advance their own personal financial interests," says Fischer. "But that is not what they are being indicted for. They were indicted because they laundered the funds through shell corporations and then lied about it." So, had they actually been rich dudes who used their own money for this scheme, it would have been just fine? "Yes, it would have been just a beautiful expression of their First Amendment right to free speech."

“This indictment of Parnas and Fruman is really an indictment of our big money political system. It lays out very clearly how powerful political figures operate on this cash-for-access practice. It's become entirely commonplace for wealthy political actors to buy their way into Congressional offices and into the President's inner circle. If you don't have money, your voice does not get heard in our democracy.”

Finally, longtime good government watchdog Fischer also rings in on Mulvaney's stunning announcement that the Administration has officially selected Trump National Doral resort in Miami, Florida as the location for next year's G-7 Summit of world leaders, despite the Emoluments Clause of the U.S. Constitution which strictly bans payments to the President from foreign officials --- a point that even Fox "News" (well, at least some there) appear to have a problem with as well...

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On today's BradCast: Questions about the results of a controversial do-over U.S. House election in North Carolina and about disturbing revelations from a secret reexamination of a wildly unsecure touchscreen voting system being deployed in Pennsylvania (and elsewhere) next year. [Audio link to show is posted below.]

At long last, NC's 9th Congressional District has held its do-over election, after a massive GOP Absentee Ballot Election Fraud scheme was uncovered to derail the contest last November. With a new Republican candidate, the very Trumpy state Senator Dan Bishop, and the same Democratic candidate, Marine vet Dan McCready (pictured above), the two faced off in the long-time Republican district on Tuesday. It had long been predicted to be a very close race, seen as a potential bellwether for 2020 and a referendum on Donald Trump, who, with Vice President Mike Pence, helicoptered into the district for last-minute rallies on Monday night.

According to the reported unofficial --- and unverified-by-any-human-being --- results posted by the State Board of Elections (SBE), the Republican Bishop defeated the Democrat McCready by just under 4,000 votes (a margin just over 2%) out of nearly 200,000 votes cast in the district, which is spread over parts or all of 8 counties. While Bishop's margin of victory is slightly more than 1% too large to allow for a candidate "recount", the county with the single largest share of the votes cast in the race is Mecklenberg, which forces voters to use 100% unverifiable touchscreen voting systems at the polls. So there would little to "count" there anyway. Most of the rest of the district votes on hand-marked paper ballots.

But even with the unofficial 2% spread, there may be reason for McCready's team to examine the results, despite his quick concession on Tuesday night after media outlets, using unofficial results, called it for Bishop. His quick concession followed a similar one last November, when he'd reportedly lost by less than 1,000 votes in a race that the NC SBE ultimately refused to certify due to the GOP election fraud for which seven contractors now face felony indictments. Given the fraud last time in NC09, and the importance that both Trump and the GOP had placed on this race in advance of 2020, one might think it appropriate to wait until all votes were at least canvassed by the state before conceding. Moreover, Democratic turnout during early voting outpaced Republican turnout by even more than it did during the very close race during last November's "blue wave" election.

But in a curious new twist, just before airtime today, another anomaly came to light, as shared with us by a listener that I detailed here with screenshots and video. As I break down at that link, video from MSNBC's coverage on Tuesday reveals that McCready, after leading in the vote count throughout the early part of the night after 52% of precincts had come in, was suddenly overtaken by Bishop once 55% of precincts had reported, according to MSNBC's chyron. While that's not unusual, what is unusual is that when it happened, McCready's vote tally actually DECREASED by more than 3,000 votes, even though more votes had supposedly been tallied! After that, Bishop retained a very similar lead for the rest of the night, ultimately "winning" by a margin just under 4,000 votes.

There could, of course, be a good explanation for the vote count appearing to go BACKWARD --- a typo at MSNBC, a transcription error at the SBE, a non-nefarious bad data transfer somewhere along the line --- we just haven't yet been able to figure out what it is yet. Bishop's total also decreased at the same point, but by just over 1,000 votes. If we do figure it out, of course, we'll let you know.

But those maddening anomalies underscore, yet again, the importance of the other big story we cover on today's BradCast out of Pennsylvania. There, a group of citizen election integrity advocates filed a petition some weeks ago demanding a re-examination of the state's newly certified ExpressVote XL voting system made by ES&S. The new 100% unverifiable touchscreen voting system (pictured above) was recently certified to be deployed in Philadelphia and other jurisdictions in the key battleground state of PA before next year's critical 2020 Presidential election. While PA's Acting Secretary of the Commonwealth Kathy Boockvar, did, in fact, carry out the new examination of the system, as required by statute, apparently she did so in secret, employing the same company closely tied to ES&S that carried out the initially flawed certification testing, and did so in another state entirely (Colorado) with no notice or public oversight for the first time in PA history.

We're joined again today by KEVIN SKOGLUND, Chief Technologist for the Pennsylvania-based Citizens for Better Elections. He is a cybersecurity and voting systems expert and was one of the petitioners who joined us several weeks ago after the state agreed to the new examination. Skoglund, along with other long time election integrity advocates both nationally and in PA are outraged by the secret testing which, he explains, failed to even examine 7 of the petitioners' 10 cited concerns.

"This is the same company that did the initial examination. So, we're asking the people who gave the opinion the first time to give their opinion again. It doesn't really make sense," he tells me. "It's not a second opinion like you might get from a doctor." Moreover, he explains, "This was only a two-day examination. The lab that's doing this is not experienced in cybersecurity penetration testing. This is a voting system test lab that tests for the functionality of voting machines...These things are very technical in nature and they require specialists." In this case, it is a company who is actually paid by the vendor, ES&S, to test their systems.

As to those concerns which the examiners reportedly did bother to review [PDF] (in secret), they confirmed the petitioners' concerns. Nonetheless, Boockvar went ahead and recertified the new systems, citing new, additional procedures she hopes to impart to pollworkers next year as protection against the very serious security concerns cited by the petitioners and confirmed during the re-examination. One such concern, for example, is that the computer-marked paper ballot summary card produced by the ExpressVote's touchscreen system for theoretical verification by the voter before it is cast, returns back through the very same printer path after it is approved by the voter. That, Skoglund explains, would allow the voting system to change the voter's vote after they believe they have verified it for casting and counting by an optical scanner. New, similarly computerized touchscreen Ballot Marking Devices being deployed in other jurisdictions, such as Los Angeles County and Georgia (and in many other states before next year) appear to feature the same extraordinary security flaw.

"It's the craziest thing. This voting machines prints the information that you've selected on the screen onto a piece of paper, and then it presents it for you to review. And then, if you decide that it's acceptable, that piece of paper travels through a printer again before it's stored. So if you had a voting machine that was malfunctioning or manipulated or hacked, it could change that paper record before it gets stored. They 100 percent confirmed it," says Skoglund.

Other problems with the PA system include the fact that, due to the way it stores computer-marked ballots, the ballot secrecy of voters may be easily violated. Skoglund suggests the fight against these systems is not over by a long shot, and that the coalition of election integrity groups with whom he is working are reviewing their options for litigation in the days ahead. "We're definitely not giving up. We are not done contesting the certification of this machine."

As noted at the end of today's program, the woeful story of the likely unverifiable election in NC-09 underscores the important work being done by Skoglund and others BEFORE these dangerously unverifiable and easily hackable voting systems are deployed for U.S. elections in 2020...

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On today's BradCast: Is it possible? Could gun reform really be coming to the gun-loving, GOP-run, NRA-controlled state of Texas in the wake of a spate of mass shootings in the Lone Star state? Our guest today, an expert in the matter, is surprisingly optimistic. [Audio link to show follows below.]

But, first up, before we get there, some very quick news of the day. In a move that was a surprise, apparently, to even top White House officials, Donald Trump's very hawkish, very rightwing National Security Advisor --- his third --- John Bolton, was tossed out of his job abruptly on Tuesday morning. That's both good and bad news for several reasons, which we discuss, including the late day concerns about the man reportedly being tapped to replace him, who used to serve as a board member at an Islamophobic organization named as a hate group by the Southern Poverty Law Center.

On Monday night, Trump and Vice President Mike Pence held rallies for the Republican candidate in North Carolina's 9th Congressional District U.S. House Special Election being held today. Though Trump won the district by some 12 points in 2016 and no Democrat has held its U.S. House seat since the 1960s, the GOP appears to be hedging their bets today by describing NC09 as a "swing district". NC election watchers are scoffing at those comments, citing them as coming from Republican officials in preparation for a potential loss by the extremely Trumpy Republican candidate Dan Bishop who is running in the do-over election against Democrat Dan McCready.

The race is being held to fill the nearly year-long vacancy after last November's contest in the district was never certified by the state, thanks to the discovery of an Absentee Ballot Election Fraud scheme engineered by a GOP contractor hired by the Republican Baptist preacher who had been running for the seat last year.

Tuesday's contest is being seen as both a bellwether for 2020 and a referendum on Trump's job performance. We'll have full coverage of reported results on tomorrow's program. But, at Trump's rally for Bishop on Tuesday night in Fayetteville, the President appeared to, once again, lie about the weather, just as he did during Hurricane Dorian. Those lies have now resulted in a crisis at the senior political level of the National Oceanic and Atmospheric Administration (NOAA).

Then we're joined by ED SCRUGGS, President of Texas Gun Sense, a nonprofit advocacy group in the Lone Star state fighting for common sense --- and long overdue --- gun safety reforms. In the wake of two recent mass shootings in the state --- one a massacre that killed 22 at an El Paso Walmart last month and the other a rampage just two weeks later that killed 7 and injured more than 20 others in Odessa and Midland --- the previously very pro-gun, very pro-NRA Republican Governor Greg Abbott and his similarly pro-gun, pro-NRA Lt. Gov. Dan Patrick, have been claiming that they are now open to reform of some of the state's gun laws in the very pro-gun state of Texas.

Scruggs was one of several reform advocates who met with the Governor following the Walmart shooting last month. He reports today that, in contrast with previous such meeting, both Abbott and Patrick brought "startling" and specific ideas for reforms themselves to the meeting planned for two hours, but which was extended to five. Among the measures discussed were expanded background checks to close the so-called "gun show" loophole (which was exploited by the Midland/Odessa shooter) and the possibility of "red flag" laws.

"Both the Governor and the Lieutenant Governor actually had reforms that they brought to the table that they wanted the folks to consider there. Which was very unusual," Scruggs tells me. "I've never heard them speak that way. Two years ago, it never would have happened. It would have been unthinkable."

At the meeting, which occurred after El Paso but before Midland/Odessa, "Both the Lieutenant Governor and the Governor both said, 'Hey, we have this situation where people can get around the background check system. They can go on a private market and can get around it, and it's very dangerous'. And the Governor said, 'Well, that would be a crazy way to sell a weapon because how would you know that you wouldn't be selling a gun to a terrorist, or to a criminal.' Of course, these are things we've been saying for many years."

After the Midland and Odessa spree, Abbott even indicated he might not be opposed to ideas being discussed by state legislators regarding new restrictions on AR-style assault rifles used in a spate of mass shootings since Abbott has taken office as Governor. But, Scruggs explains, the devil will be in the details as far as what Abbott and Patrick may support --- and what the NRA will even allow them to. For example, he notes that Patrick has suggested ending "stranger-to-stranger" sales, while allowing for the ability to transfer firearms within your family, or to loan a gun to your friend or neighbor.

"Everyone agrees these stranger-to-stranger sales, the private sales that take place at gun shows, the sales over the Internet or out of the back of some guy's trunk in a big box store parking lot, something like that, we all know how dangerous and terrible those are. So, everyone seems to want to close that down. However, the catch is, if your exceptions for family transfer and transfer between friends is too large, you're just going to open up a new loophole again."

Nonetheless, Scruggs suggests that with the body count rapidly mounting in Texas and pressure being felt by Republican politicians facing very real demographic and political changes, even one of the nation's most staunchly pro-gun states may be on the verge of long-overdue reform. And if it can happen in Texas...

"There's a realization that's starting to set in where you have responsible gun owners saying, 'Hey, they've been so extreme now for so long, there's a backlash building, and I'm afraid if we don't do something now we're going to lose it all soon.' Because they know these shootings are going to continue. I think that's something that has really hung over the last few weeks in Texas. We're not done with this. So if you don't act, and there's another one, and then maybe there's another one, how much more difficult is it going to be?"

Finally, we're joined by Desi Doyen for our latest Green News Report, with more on the Trump-invoked NOAA scandal in the wake of Hurricane Dorian; an horrific potential death toll in the storm-ravaged Bahamas; and an investigation into what appears to be a corrupt anti-trust probe by the DoJ of four major automakers who made an agreement with California to lower auto-emissions and raise mileage standards in defiance of the Trump EPA's rollback of cost-saving and life-saving regulations enacted under the Obama Administration...

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The weekend brought us another avalanche of news in the Trump Era. As usual, we try to catch up by focusing on the stories that actually matter. But, even at that, we couldn't get to half of what we'd planned for today BradCast. But we did have time for a bunch of great callers. [Audio link to show is posted below.]

Among the many stories we cover today that they were calling in to comment on...

• A federal judge has restored a nationwide injunction to block the Trump Administration's likely-unlawful new policy that bars asylum to migrants who travels to the U.S. through another country before entering the U.S.;

• Former GOP Governor and Congressman Mark Sanford of South Carolina becomes the third major Republican candidate to announce his intention of running against Donald Trump for the party's 2020 Presidential nomination, after previously describing Trumpism as "a cancerous growth" and charging the Republican Party has "lost our way". His long-shot bid, joining former MA Gov. Bill Weld and former IL Rep. Joe Walsh, will be made all the more difficult now that the Republican Party in South Carolina, along with those in Nevada, Kansas and Arizona, have cancelled the GOP caucuses and primaries in those states for 2020 at the behest of our thin-skinned, cowardly, unfit President;

• Next door in North Carolina, it now appears to be full-speed ahead for Tuesday's two U.S. House Special Elections which were imperiled for a time by Hurricane Dorian. While the storm resulted in some cancelled Early Voting days last week, most of those hours were made up with extended hours over the weekend, leaving Democrats with a larger share of the early vote in the 9th Congressional District than they even had during early voting in last November's "Blue Wave" election. The Republican candidate reportedly "won" that race by about 900 votes in a district held by Republicans since the 1960s. But the election was never certified after revelations of a massive GOP Absentee Ballot Election Fraud scheme. Both Donald Trump and Vice President Mike Pence are in the 9th district on Monday night, with two separate rallies, for far-right GOP State Senator Dan Bishop in the do-over race against centrist Democrat Dan McCready. The contest is currently being characterized as a toss-up and is being regarded as a bellwether for the 2020 elections. The other race, in NC's 3rd Congressional District is to fill the seat of the late Republican Rep. Walter Jones in an even more "red", if Hurricane Dorian-battered, district on the state's coast;

• And in D.C. today, Trump declared that year-long peace talks with Taliban officials and the Afghan government are now "dead". That, after Trump revealed his cancellation of a secret meeting that had been set with Taliban officials this week at Camp David --- on the week when the nation commemorates the 18th anniversary of 9/11 while the nation's longest war (in response to it) continues on with no end in sight despite campaign promises from Trump to end it;

• We also briefly reference the plan announced today by Democrats on the U.S. House Judiciary Committee to hold a formal vote this week to officially begin their impeachment inquiry of Donald J. Trump before opening up our lines to callers on all of the above and more.

  Among the additional topics on listeners minds today: The Democratic Presidential primary and the likely-disastrous move by Los Angeles County to replace its hand-marked paper ballot voting system with an ill-considered and 100% unverifiable touchscreen voting system (pictured above) before the 2020 Presidential elections. The new system (pictured above) was developed by its brainchild, L.A. County Registrar-Recorder/County Clerk Dean Logan, who now refuses to appear on the show or answer our questions about the new, still uncertified system, as he used to. He calls it Voting Solutions for All People or VSAP. As one caller notes, the new system is shamefully being supported by the L.A. County Board of Supervisors. One of them, longtime Democratic Supervisor Janice Hahn, has been (mis)representing the new system as an "exciting" "upgrade" from the previous system, despite the fact that the computer-marked "paper ballot" summaries the new system produces can never be known to reflect any voter's intent after an election in the nation's most populous voting jurisdiction. Similarly unverifiable touchscreen systems are being implemented in Pennsylvania, Georgia, Texas and other key states before the 2020 election, despite warnings against electronic Ballot Marking Devices from world-class cybersecurity and voting systems experts...

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On today's BradCast, w've got some very good news for democracy, for a change, today --- and it comes out of North Carolina of all places! But first, a few quick updates on some others stories we've been following recently on the program. [Audio link to show is posted below.]

• Hurricane Dorian is weaker but larger after devastating parts of The Bahamas. The now-Category 2 storms is moving incredibly slowly northward, perilously close to the Florida Coast, and on a more direct path that could include landfalls in Georgia, South Carolina, North Carolina, and even Virginia. Massive storm surges and power outages are predicted for many of those states in the days ahead;

• A federal court judge has temporarily ruled [PDF] in favor of Playboy's White House correspondent Brian Karem, recently featured as a guest on the show, in his lawsuit demanding the Trump Administration restore his White House press pass that was suspended after a kerfuffle in the Rose Garden in July with disgraced former Trump adviser Sebastian Gorka;

• Following two recent mass shootings in Texas, one at a Walmart store in El Paso where 22 were killed by a white nationalist, the superstore chain announced a change to its policies on gun and ammo sales and is asking shoppers to no longer open carry weapons in their stores. Grocery giant Kroger has also now asked customers to leave their guns at home. In response, the terrorist-enabling NRA shot a letter to Walmart describing their new policy as "shameful".

  That, as law enforcement officials confirm that the gunman who killed 7 and injured more than 20 during a Labor Day holiday weekend shooting rampage in Odessa and Midland, TX had failed a federal background check for purchasing a firearm before buying his semi-automatic assault-style rifle through a private sale with no required no background check. The so-called "gun show loophole" in the federal background check law allows for private sales between friends and families, on a number of online forums, and via some vendors at gun shows. Such sales amount to an estimated 25% to 40% of all guns sales in the U.S., but NRA-controlled Republicans in Congress have refused for years to allow an up or down vote on measures that would close the loophole, despite overwhelming public support, including from members of the NRA;

• Then, we get to the huge news out of the North Carolina Superior Court, where a three-judge panel (2 Dems and 1 Republican) unanimously ordered the GOP-dominated state legislature to redraw its state House and Senate maps before the 2020 elections. The court found the current maps to be partisan gerrymanders in violation of the state Constitution's Free Elections Clause, Equal Protection Clause, and Free Speech and Free Assembly Clauses. The current maps, as allowed for use in 2018 after the U.S. Supreme Court declared in early summer that federal courts may not block partisan gerrymandering, were themselves newly drawn after the ones created by state Republicans following the 2010 Census were found to have been racially gerrymandered in violation of the U.S. Constitution. The existing state legislative maps resulted in a 65 - 55 seat majority for the GOP in the state House, even after 2018's "Blue Wave" election when Democrats received 51% of the votes statewide to the GOP's 49%. The state Senate is similarly gerrymandered in favor of Republicans, as is NC's U.S. House map in the closely divided state where Democrats have held just 3 seats in the state's 13-seat Congressional delegation over the past decade.

  We're joined today once again by NC election expert and campaign consultant DR. WILLIAM BUSA of EQV Analytics, who is perhaps better known as "DocDawg" at Daily Kos. Busa breaks down what Tuesday's 357-page ruling [PDF] means for NC voters, describing "a court that clearly has had it up to here with the GOP's ten years of obstruction of justice in this matter."

  He believes the new maps will help "level the playing field" and possibility result in long-overdue Democratic majorities in one or even both chambers of the state legislature next year, though he details a potential GOP scheme to undermine the court's ruling that might explain the decision by Republicans to not appeal Tuesday's landmark order. "We won the vote" last year, he notes, "we just didn't win the map. If we win the map, we can win the vote again, and we'll have the whole shooting match."

  All of this is happening as two U.S. House Special Elections are currently underway in the state, with Election Day set for Tuesday (September 10) as the slow-moving Hurricane Dorian is creeping toward the state. One of the House elections will fill the seat vacated by the late Republican Rep. Walter Jones in NC's 3rd Congressional district which runs the entirety of the state's now-imperiled coastline. The other election, in NC's 9th district, is the long-awaited do-over election following the GOP Absentee Ballot Fraud Scandal last November which resulted in the State Board of Elections refusing to certify an extremely narrow reported "win" by the Republican candidate.

  What effect will the impending storm and all of these various controversies have on Tuesday's election --- if it is not postponed due to Dorian? Busa explains it all for us on today's action-packed program!

• And finally, speaking of bad maps, we close today with the story of the somewhat mind-boggling and continuing attempts by Donald Trump to justify his false --- and potential unlawful --- repeated claims that Dorian was threatening the state of Alabama. It wasn't and isn't. But that hasn't stopped Trump from both lying about it repeatedly and today, incredibly, producing a clearly doctored map in the White House in hopes of supporting his obviously false claims...

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Like those who took part in the ill-fated maiden voyage of the RMS Titanic as it blindly traversed the Atlantic, many American citizens are rushing headlong towards a pivotal 2020 election, unmindful of the potential for yet another e-voting catastrophe.

In 1912, in defiance of science, passengers and crew mistakenly believed that the Titanic was "unsinkable". In 2019, far too many Americans are either unaware of or have chosen to ignore repeated warnings from computer scientists. For many, the very idea that a Presidential selection could be the product of election fraud or failure in the form of undetectable, malicious manipulation or error of electronically tabulated ballots in disparate local, county and state-run election systems across an entire nation is simply unthinkable.

In 1912, ignoring the danger led to the deaths of 1,500 of the Titanic's 2,224 passengers and crew --- paltry numbers when measured against the threat to humanity's very survival that would be embodied in another four years of the Trump Administration's greed-over-science, anti-environmental policies.

Over the past two decades, the central problem for both computer scientists and election integrity advocates has not been the question as to whether all e-voting and electronic tabulation systems are vulnerable to manipulation via external hacks, mis-programming or malicious insider manipulations --- they are! Instead, they've been stymied by the near impossible task of proving that a given election result was fraudulent. That inability is occasioned by the fact that, in the absence of timely forensic access to the system, its ballot programming and its source codes, electronic theft is largely undetectable in any system that does not deploy hand-marked paper ballots.

While e-voting vulnerabilities to all manner of manipulation, as well as unintended programming errors, have always been present, both the threat of wholesale electronic theft and the dire consequences of that threat in 2020 have never been greater.

Fortunately, just as help for the surviving Titanic passengers and crew was just over the horizon in the form of the HMS Carpathia, democracy itself may be saved as the result of the valiant efforts by the Coalition for Good Governance ("the Coalition") to help compel the State of Georgia to conduct verifiable elections on hand-marked paper ballots. The help may not only save Georgia, but save the entire country, eventually, as evidenced by the extraordinarily well-informed 153-page ruling [PDF] that was recently handed down by U.S. District Court Judge Amy Totenberg…

On today's BradCast: It's the first day of early voting in two U.S. House Special Elections, both in North Carolina, one of them a do-over election after a massive GOP Absentee Ballot Election Fraud scheme last November resulted in the State Board of Election's refusal to certify the fraudulent results. And this week, as our guest today discovered, the RNC has already stepped in it again at one of their websites supposedly meant to help voters apply for absentee ballots in the two contests. [Audio link to full show is posted at end of article.]

But first up today, a few thoughts on why we cover what we cover, and how difficult it actually is to make those decisions in the Trump Era. One story we haven't covered --- until today --- is the absurd effort by Donald Trump to purchase Greenland. While we've ignored the ridiculous story before today, the events of the past 24 hours, including the international incident caused by Donald Trump's abrupt cancellation of a planned state visit to our allies in Denmark next month, due to their refusal to sell him Greenland, have led us to rethink our coverage.

Trump's erratic behavior (on that and several other matters) suggests a quickly deteriorating state of mind for the President of the United States, leading George Conway, the conservative attorney and husband of one of Trump's senior advisers, Kellyanne Conway, to call today, in no uncertain terms, for the Vice President, Trump cabinet members and Republicans in Congress to begin seriously considering the use of the 25th Amendment to remove the "mentally unstable and unfit to serve" Trump from office.

Also today, a short follow up on our detailed coverage on yesterday's BradCast of what is clearly now a nationwide epidemic of domestic terrorism by white American rightwing men. There have now been at least 27(!) arrests across the country since the El Paso and Dayton shootings just over two weeks ago, of such men who have threatened mass slaughter and more against immigrants, Jews, African-Americans, LGBTQ people, and abortion clinics. They frequently cite Trump while doing it and most of the alleged terrorists also appear to own the high-powered military-style weaponry and ammo to pull off their threatened mass shootings.

Then, we're joined by North Carolina's DR. WILLIAM BUSA of the campaign consulting and data firm EQV Analytics. Busa --- who may be better known as "DocDawg" of the progressive website DailyKos --- joins us to detail his alarming findings this week after carefully reviewing the Vote.GOP website. The site is run by the RNC and offers various voting services, such as registration and absentee ballot applications for voters. With early voting now underway in the NC-03 and NC-09 special elections for the U.S. House, Busa discovered that the RNC's online application for North Carolina voters to apply for absentee ballots on the site was misconfigured in a way that would result in the potential purge of voters who used it!

Moreover, Busa found, as he documented at EQV Analytics in an article headlined "Political Malware", "Every visit to Vote.GOP peppers the user's browser with tracking cookies, web beacons, and data-harvesting code, including code attributed to a division of Tremor International, an Israeli advertising technology company whose RhythmOne subsidiary touts its ability to harvest web users' 'demographics, psychographics, shares (including dark social media), interests, purchase behaviors, and browsing habits'." Between those trackers and the information provided by voters seeking to register or request an absentee ballot, Busa describes, the GOP is scraping up what "the holy grail of campaign advertising [which] enables precision micro-targeting of just the right message to exactly the voter most likely to be persuaded by it, just as Cambridge Analytica did for the Trump campaign in 2016."

Since publishing these details in his exposé late Monday night, he reports, "the Republican Party appears to have hit the kill switch on their website. The site itself is still up, but it now no longer offers any voter assistance services," he tells us.

Busa also offers updates on the two U.S. House Special Elections now at stake on September 10th. One is to fill the now-vacant seat of the late Rep. Walter Jones (R-NC3) in a very "red" district. The other much more "exciting" race, is the do-over election following the GOP Absentee Ballot Fraud Scandal that resulted in some 7 recent indictments of Republican operatives, no certified winner and a new election called after last November's U.S. House election in the state's 9th Congressional District.

Dan McCready, the Democratic candidate in that race had reportedly lost by just 905 votes to Republican preacher Mark Harris last year, until the scandal carried out by a GOP contractor and known fraudster hired by Harris finally came to light. McCready is running again for the Dems in the do-over, but the Republicans have put up Dan Bishop, the State Senator who wrote NC's controversial "bathroom bill" several years ago, a measure which ended up costing the state about a "billion dollars in boycotted business," according to Busa. Moreover, he explains, the notorious Bishop has also been revealed as an investor in the alt-right social media site called GAB, which might be better described as simply Twitter for White Supremacists.

A lot of money is now being spent by both sides on the NC-09 race, where McCready has reportedly been able to out-raise Bishop by more than 2 to 1 in the longtime Republican district. Busa believes the contest is currently a "toss-up" that will come down to turnout, especially that of independent voters.

We also get a quick update from Busa on the amazing battle raging at the State Board of Elections right now regarding whether new, very expensive, 100% unverifiable touchscreen Ballot Marking Devices made by ES&S will be certified by the state, or whether the state will move to all hand-marked paper ballots. As we reported on the program several weeks ago, that battle took a number of astonishing twists and turns triggered by the resignation of the SBE's Chair after he told an off-colored joke about a cow and woman to a convention of some 600 NC election officials.

So...tune in for the latest skinny on that particular madness and more today in the increasingly-notorious swing-state of North Carolina!...

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On today's BradCast: Elections officials seem to be panicking around the country, and for good reason. But their concerns may be coming a bit late...perhaps a decade or so too late, as virtually every aspect of our "public" elections in the U.S. --- from ballot programming to registration to voting to vote tabulation to election results reporting --- has now been allowed to have become largely taken over by private vendors and contractors, with little or no oversight from either state or federal officials. [Audio link to today's full show is posted at end of article.]

An exclusive analysis last month by AP found that virtually all voting systems currently in use in the nation's 10,000 separate voting jurisdictions in all 50 states run on software --- Windows 7 or earlier --- that will no longer be supported by Microsoft with regular security updates and patches as of January. That includes systems certified by the U.S. Elections Assistance Commission (EAC) from the nation's largest private elections vendors as recently as this year. Those newly certified systems still use Windows 7, which was released a decade ago in 2009.

Of course, the EAC's certification process --- for the few states which choose to follow federal voluntary (yes, voluntary) guidelines --- has been laughable for years. It focuses on usability and functionality, not security. Most systems in the U.S., if they are EAC certified at all, were tested to guidelines published by the EAC in 2005.

At a summit this week of elections officials and vendors, hastily convened by the EAC in Maryland in response to the disturbing AP analysis, officials complained about the lack of federal support and standards, and that financially strapped and technologically challenged elections divisions at both the state and local level are realizing only now that they are being asked "to take part in what is national security" with little or no help from the federal government. One official at the EAC confab reportedly complained: "We are talking about local communities having trouble funding roads and water bills, and now we want them to take part in defense against foreign and state actors."

Of course, it is not only nation-states like Russia that pose a threat to the security of America's vulnerable, computerized and privatized public elections, so do regular old Americans, as the recent hack by a woman in Seattle of more than 100 million customer records at Capitol One proved, along with the vulnerabilities in brand new voting and registration systems discovered by hackers in a few hours at the DefCon Voting Village convention last weekend in Las Vegas.

All of this comes on the heels of Thursday's federal court ruling finding Georgia's voting systems to be so "unsecure, unreliable, grossly outdated....seriously flawed and vulnerable to failure, breach, contamination and attack" that the judge declared the systems (which are similar to ones used in several other states) a violation of voters' Constitutional right to have their votes counted as cast.

But all of that might ultimately be small potatoes in light of longtime cybersecurity journalist and author KIM ZETTER's recent exclusive at VICE's Motherboard, finding that "Critical U.S. Election Systems Have Been Left Exposed Online Despite Official Denials". Zetter, one of the only journalists in the nation who has been covering these matters as long or longer than we have at this point, joins us on today's program to explain her jaw-dropping article which begins this way: "For years, U.S. election officials and voting machine vendors have insisted that critical election systems are never connected to the internet and therefore can't be hacked. But a group of election security experts have found what they believe to be nearly three dozen backend election systems in 10 states connected to the internet over the last year, including some in critical swing states. These include systems in nine Wisconsin counties, in four Michigan counties, and in seven Florida counties --- all states that are perennial battlegrounds in presidential elections. Some of the systems have been online for a year and possibly longer."

In many cases, she tells me, the elections officials seemed to have no idea that their systems were connected to the Internet by their vendors. As for the vendors' part --- in this case, the nation's largest, ES&S --- Zetter explains their bizarre claim that voting and backend tabulation and reporting systems connected around the clock for years at a time aren't really connected to the Internet at all --- and, even if they are, they are perfectly secure. Zetter and the data researchers found otherwise.

The systems found vulnerable on the net, she details, would allow a malicious actor to change unofficial election night results, official results, and the public reporting of the results themselves. Moreover, she explains, access to the exposed backend portions of these systems over the Internet could also result in malware being transferred to voting machines themselves. And all of this was discovered by a small team of researchers with little or no funding. No nation-state required, she confirms.

"If it was just a box on the Internet that was receiving the votes transmitted [on Election Night from the precinct] that would be a security problem in itself, not only because you could potentially alter those votes. They are unofficial results on Election Night --- and the officials results are taken from the actual memory cards in the voting machines. But if you can alter the unofficial results, that's going to create a lot of mistrust in the final outcome if they don't match," she says.

"But even if you don't alter those votes, that communication over the phone between the voting machine in the field and that backend server that's on the Internet creates a channel for infecting those voting machines. So, someone who could actually install that malware on that system on the Internet can design it in such a way that it downloads to the voting machines when they connect to that system. So the attackers can alter that voting machine in preparation for a future election."

"But that's not the only problem," she continues. "If that was the only thing that was on the Internet, that would be a concern in itself. What was remarkable is that ES&S acknowledged to me that they don't just put an empty box on there to receive the votes. Also connected to that Internet connection is the backend system for tabulating both the unofficial results on Election Night, and those official results that are later taken from the memory card."

"And the Election Management System is also connected. The Election Management System is used to do a lot of functions in elections. Among them is the actual programming of these voting machines before each election. So, if you don't get to the machines through that little receptacle that's connected to the Internet, you can get to that backend Election Management System and put in malicious code that then gets transferred directly to the voting machines before the next election."

But, of course, other than that, why worry, right? Well, Zetter has much more to say on that as well, including about Republican Senate Majority Leader Mitch McConnell's continuing efforts to block any and all election security measures in the Senate that might help shore up at least some of these concerns, including bills already passed by the House that would mandate hand-marked paper ballots for all voters. Even that, at this point, wouldn't fully protect against attacks on computer optical-scanners currently used in all 50 states to tabulate those ballots with little or no post-election audits to make sure they did so accurately...

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We've got several pieces of important news, on today's BradCast, regarding the long federal court challenge against Georgia's 100% unverifiable touchscreen voting systems, the new, similarly unverifiable touchscreen systems they plan to move to before the 2020 elections, and a hope from one of the plaintiffs that the case could result in all such systems --- now being adopted by states and counties across the nation before 2020 --- being declared unconstitutional for use in American elections. [Audio link to show follows below.]

But first up today, a few words about stochastic terrorism from the President of the United States (also see this chilling editorial cartoon from our collection this week), as his appalling attacks on minority Democratic members of Congress continued with a new target over the weekend, and as another mass shooting --- this time at a food festival in Gilroy, CA on Sunday night --- is once again tied to white supremacy.

Then, we're joined by MARILYN MARKS of the Coalition for Good Governance for some of the at-times jaw-dropping news from a marathon hearing in federal court last Thursday and Friday in Atlanta. Marks' Coalition is a plaintiff in the case hoping to sideline Georgia's nearly 20-year old Diebold touchscreen voting systems in favor of hand-marked paper ballots before this fall's municipal elections and beyond, including the 2020 Presidential primary and general elections.

Marks shares a number of remarkable updates in the case we've been following since she filed it back in 2017. The updates include new details on the state actually destroying evidence --- including computer servers, databases and voting system memory cards --- needed in the case, and lies told to the court by the defendants about security issues related to the voting system. The misleading statements came from the office of Georgia's Republican Sec. of State Brad Raffensberger and the state's former GOP Sec. of State Brian Kemp. Kemp is now Governor of the state, after he is said to have narrowly defeated popular Democrat Stacey Abrams last November on the very same unverifiable computer voting systems overseen at the time by then SoS Kemp.

Marks details the extraordinary security measures plaintiffs were forced to undergo in order to have their experts even partially examine the ballot database used by Georgia which, the state had claimed, included customized, "super-secret" security measures built in to the system that made it completely different from identical --- and completely hackable --- Diebold touchscreen systems used elsewhere in the country. As it turns out, after spending thousands of dollars to create secure "clean rooms" at Georgia's insistence to allow plaintiffs' experts to examine the databases in two different locations (Michigan and Washington, D.C.) those experts found there was, in fact, no special customized "super-secret" security measures. The database structures are identical to those found available for download on the Internet --- from many different states --- going back as early as 2002, when Georgia first adopted their current, easily-manipulated voting systems.

"Let's be clear that we've still not had a chance to look at the system or the programming in the voting machines or the servers," she told me. "We were allowed to look at a database that is used to program the memory cards, just one tiny piece. There was a huge fight because the state lied to the judge, and lied to us, and said that this database was its 'crown jewel' of security, [that] nobody else using Diebold had this super-secret database."

"We found out that, just as we had told the court, their database is just like every other state's database, many of them published on the Internet as public records. They just found it so convenient to lie to the court in order to keep anyone from having easy access to see what a mess they're making," she says.

On the destruction of evidence, she tells me: "The Secretary of State destroyed their two primary servers --- the first one four days after we sued them, the next one a few hours after the case was assigned to Judge Totenberg. From there, we asked to start preserving memory cards, internal memories of the voting machines themselves, and they just completely defied every request. Even the judge told them to go to the FBI, where there was a partial copy of one of the servers, and be sure that thing did not disappear, be sure it was retained, and they even refused to do that."

She also details a revelation from one of the witnesses on the stand last week which elicited gasps in the courtroom after he admited that "100%" of Georgia's ballots are programmed by three independent contractors who do not work for the state and who prepare the ballots at home --- on potentially unprotected WiFi setups. That, despite the extraordinary --- and expensive --- measures plaintiffs were forced to enact in order just to have their experts view the state's "super-secret" election system database.

"It was shocking. We had just taken the deposition of the [state official] on the witness stand. He had told us it was his employees who do the programming of the machines. We subsequently got a written contract that told us the opposite. So we asked him on the witness stand, 'Who is it that is programming ballots?' He told us about these three people who are out of their homes or garages with no real security. They are ones that have these databases, who are programming every single machine in the state, with no oversight, no public ability to check what's going on, and with such an insecure home system, that of course it's open to the bad guys."

"These are exactly the same databases that they were making us sign these enormous confidentiality agreements, set up safe rooms, have couriers fly and hand these CDs off in person because they were so super-secret, and it turns out they were three people working in their garages...The 2018 elections were 100% outsourced to three people operating in a garage."

Marks also explains that she is hopeful this suit may result in unverifiable computer Ballot Marking Devices --- like the systems Georgia hopes to move to next year, and the ones currently being installed in states and counties around the country in advance of 2020 --- being found unconstitutional at the federal level.

"We're going to do more than just 'raise awareness' on Ballot Marking Devices. This lawsuit will be the first lawsuit to challenge Ballot Marking Devices and to put them out of their misery. We are definitely going to work to see that Ballot-Marking Devices are declared unconstitutional."

Finally, Marks offers her reaction to news of Georgia's announcement today (filled with misleading nonsense [PDF]) that they plan to award a $90 million contract to the Canadian firm Dominion Voting to replace all of the state's 100% unverifiable Diebold touchscreen systems with new, 100% unverifiable Ballot Marking Devices (BMDs) made by Dominion in time for next year's Presidential primaries in a battle-ground which could swing the 2020 election...

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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, we open up the phone lines to listeners on a number of things, most notably to hear what listeners expect from this week's upcoming, long-awaited U.S. House testimony by former Special Counsel Robert Mueller regarding his 448-page report on Russia's involvement in the 2016 Presidential election and the ten or more instances of criminal obstruction of justice by President Trump detailed within. [Audio link to show follows below.]

Mueller's testimony during hearings on Wednesday --- three hours in the House Judiciary Committee and two hours before the House Intelligence Committee --- will be the last chance for pro-impeachment Dems to swing the sentiments of both the nation and Democratic leadership toward opening an official impeachment inquiry of Donald Trump before Congress leaves for its long 6-week recess next week. Callers ring on on what they expect and hope (or don't) from the proceedings.

As you can imagine, Democratic U.S. House Speaker Nancy Pelosi --- who, so far, has blocked an official impeachment inquiry by her caucus in the House despite Trump's multiple felonious High Crimes and misdemeanors and in defiance of 100 or so Democratic members on record calling for impeachment --- came up quite a few times today from callers, both negatively and, in at least one instance, positively.

Also on today's program, a quick recap from key points made during our important --- and, at times, gob-smacking --- interview on Friday's program with cybersecurity and voting systems expert Kevin Skoglund on the dangerous new 100% unverifiable touchscreen voting systems currently set for use in Philadelphia, in the key swingstate of Pennsylvania before next year's Presidential election, and how some of the new system's worst, most dangerous and unverifiable features are also found in the new 100% unverifiable touchscreen voting systems being brought into Los Angeles next year.

Thanks to citizen-led efforts like those by Skoglund and Citizens for Better Elections and the Protect Our Vote Philly coalition, the commonwealth of Pennsylvania is now reviewing its previous certification of the horrible and easily manipulated computer Ballot Marking Devices (BMDs) currently set for use in Philly. That re-examination may ultimately lead to decertification of those systems.

Meanwhile, here in Los Angeles, the nation's largest voting jurisdiction, The BradCast and BradBlog.com have been pretty much the only ones publicly yelling and screaming about the serious (and completely misunderstood-by-the-media --- see this ridiculous headline and article!) dangers of moving from hand-marked paper ballots to 100% unverifiable touchscreen BMDs in advance of the critical 2020 Presidential election.

We also discuss the fact that, in addition to being completely unverifiable and easily manipulated, the cost of BMDs systems is at least twice the price of hand-marked paper ballots systems. In fact, one caller rings in with information to tell me that the $200+ million price-tag I cited for the new systems in L.A. was actually a low-ball estimate, according to L.A.'s actual contract with private voting system vendor Smartmatic [PDF]. That contract, she notes, specifies the price for moving L.A. to these new systems will be closer to $300 million! That, in a county that could desperately use funds for things like housing tens of thousands currently living on the streets and long-overdue infrastructure improvements among many other things...

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On today's BradCast, some potentially good news for Philadelphia voters (and, thus, voters across the entire country), after a citizen led effort has resulted in the state of Pennsylvania re-examining its certification of a shockingly vulnerable --- and wholly unverifiable --- new touchscreen voting system selected by the city earlier this year (under questionable circumstances) for use in upcoming elections. [Audio link to show is posted below.]

But first up, before we get to our guest today and the astonishing election integrity nightmare against which he is working with a coaltion on the ground in Philly to try and save democracy there, a few quick news items to start the show. Those include the now-deadly, climate change-fueled heat wave bearing down on dozens of states and millions of Americans and the latest on the dangerously intensifying disputes in the Persian Gulf --- thanks to Trump pulling out of the landmark 2015 anti-nuclear deal.

Then, last May, Sen. Ron Wyden (D-OR) introduced a bill in the U.S. Senate that would mandate HAND-MARKED paper ballots for every voter in the country, to help hedge against the possibility --- some may say likelihood --- of manipulated or erroneous elections results, and to help assure that results are publicly verifiable after elections. His bill, the Protect America's Voting and Elections (or PAVE) Act of 2019 now languishes in the Senate, despite passage of a bill in the House that also mandates HAND-MARKED paper ballots for all, thanks to Republican Majority Leader Mitch McConnell's vow to disallow a vote on any election-related bills that might make our democracy more secure and overseeable in advance of the 2020 Presidential elections.

The White House has been similarly disinterested in improving election security and oversight, though Trump-appointed Director of National Intelligence, Dan Coats, the nation's "top spy" announced a new initiative today said to help the Intelligence Community coordinate their response to potential election manipulation, at least from foreign threats. Domestic threats, including from election insiders --- such as contractors from the private vendors who run much of America's elections, as well as simple programming errors or other manipulation by elections officials --- remain both as serious and much more difficult to guard against. Election protection ultimately comes down to public oversight, at the local level, of verified election results.

To that end, an Election Integrity coalition in Philadelphia this week has successfully petitioned the state of Pennsylvania to reexamine the Commonwealth's previous certification of a wildly dangerous and vulnerable new computer Ballot Marking Device (BMD) made by the nation's largest (and, arguably, most failed) private vendor, Election Systems and Software, Inc. (ES&S). The company's new ExpressVote XL is a 100% unverifiable touchscreen BMD system recently contracted for use by the Philadelphia Elections Board for use in upcoming elections, beginning with municipal elections this November and the Presidential contest next year.

We're joined today by KEVIN SKOGLUND, election integrity expert and Chief Technologist for the non-partisan Citizens for Better Elections, which, along with others in the Protect Our Vote Philly coalition petitioned the state for a re-examination of the ExpressVote XL. The costly voting and tabulation system --- one must be purchased for each voter voting at the same time in every precinct --- is described as a "universal" or "all-in-one" system, because one computer in the system is used to mark and print a voters ballot, and a second computer in the same system is then used to optically-scan and tabulate that ballot.

The system, chosen under a mysteriously truncated process by the Philadelphia Commissioners earlier this year --- "without any public or expert input" and with "no criteria for things like security, and resilience, and accessibility" as Skoglund tells me --- also violates state election code in numerous ways, as detailed in the citizen groups' petition to the state filed on Tuesday. Most alarmingly, however --- especially given the importance of Philly's one million votes to be cast in the crucial Keystone State during next year's Presidential election --- is a remarkable security design flaw in the ES&S ExpressVote XL.

In short (Skoglund offers more details on the show), the system allows the Ballot Marking Device's printer to change votes on the computer-printed ballot summary card before it is tallied but after the voter has already been given the opportunity to approve what was initially printed on the ballot summary card by the computer! In other words, of all of the terrible, 100% unverifiable BMD voting systems that Pennsylvania's Democratic stronghold of Philadelphia could have chosen, its City Commission chose the absolute most dangerous and unverifiable one.

"After this machine was certified in Pennsylvania, security researchers determined that there was a big flaw in these machines. That flaw is that they have a single paper path. It takes the blank piece of paper, it sends it to a printer, you make your selections on the screen, it prints those on the piece of paper, puts them back in front of the voter so that the voter can look at them and say whether or not they're happy with those selections. And once the voter says 'Yes, this is the ballot that I intend to cast, I am happy with these selections' and they press the button on the machine, it sends that card back through the same printer again before it goes to to the tabulator," Skoglund explains. "That means the machine has the opportunity to mark on that ballot --- potentially changing votes on it, invalidating votes on it, adding votes to it, basically changing what the voter cast." And, of course, the voter would never know.

While recent studies have found that most voters do not even bother to verify computer-marked paper ballots, and that of those who do, many do not notice if the computer has changed their selections, "The voter can do everything that's asked of them, do everything right, they can verify that ballot, and it still might not end up being the vote that gets cast. This is a violation of a fundamental principle of being able to audit these paper ballots. It's the whole reason we're going to paper ballots, to have good evidence of what the voter intended."

Skoglund explains, however, that it's not just Philadelphia preparing to use these systems in 2020. Other counties in PA are considering them as well, even though they are at least twice the price of a paper ballot system. Similarly states such as New Jersey and Delaware are moving to these same, horrible, unsecure systems. Elsewhere, jurisdictions from Georgia to Ohio to Kansas to Texas to Los Angeles are all preparing to move to only slightly less vulnerable (if equally unverifiable) BMD systems for 2020. That, instead of simpler, cheaper and actually verifiable HAND-MARKED paper ballot systems.

All of that is just part of what we discuss with Skoglund today that will likely leave your jaw hanging open as you wonder what the hell these people are thinking, and why it is that McConnell has disallowed Wyden's PAVE Act --- requiring HAND-MARKED paper ballots for all --- from becoming the law of the land long ago...

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On today's BradCast: Are Democrats finally beginning to reconsider their incredibly ill-considered mandate to require remote voting for their 2020 Presidential caucuses via phone or Internet voting schemes? Our guest today says they may just be doing so! If so, that would be very good news and not a moment too soon! [Audio link to show follows below.]

But, first up today, speaking of "ill-considered", in an echo of his earlier posturing against North Korea, Donald Trump issued new militaristic threats and slapped new sanctions on Iran, including against its Supreme Leader, President, Foreign Minister and even the Islamic Nation's lead nuclear negotiator. The result is what Iranian officials describe as the "permanent closure" of diplomacy between the two countries. The new sanctions also resulted in the Iranian President mocking the measures as "outrageous and idiotic", "hilarious", "stupid and ugly", while charging the White House is suffering from a "mental illness".

Trump's new punitive measures come in response to Iran shooting down a U.S. drone, which they say entered its air space last week. The U.S. denies the charge, insisting that its spy plane was in international airspace over the Straight of Hormuz. And all of it comes in the wake of Trump pulling the U.S. unilaterally out of the 2015 treaty between seven world powers that prevented Iran from enriching enough uranium to create a nuclear weapon.

But now, as the Administration penalizes Iranian leaders --- who, by all accounts, have fully complied with the strict terms of the landmark accord struck under Barack Obama's Administration --- Trump and his team can't seem to understand why Iran is not interested in negotiating with them. They have, however, threatened Iran if they renege on the terms of the deal that Trump pulled out of, as Iran has now announced they intend to do. Of course, the possibility of, once again, touching off WWIII comes with Trump's threat today of "great and overwhelming force" and "obliteration" of Iran, just days after he reportedly cancelled a planned attack against them at the last minute last week.

All of which underscores the necessity of removing this dangerous menace from the White House, whether by impeachment or at the ballot box next year. Not that viewers of Fox "News", of course, have any idea of the facts behind these latest incidents, which all stem from Trump pulling out of the very good landmark agreement with Iran. In fact, even one of Fox' most beloved former reporters, "Campaign Carl" Cameron has now come out against the fake news channel's "partisan misinformation" in a video promoting his new news venture, Front Page Live, launched with progressives such as Joe Romm of Climate Progress.

As to removing the buffoonish, inept, unfit, dishonest Trump at the ballot box, that may not be as simple as it should be for Democrats, given both the proliferation of rightwing misinformation at Fox and other rightwing fake news outlets (such as the NY Post which removed its story on well-known magazine columnist E. Jean Carroll's new allegations that Trump raped her in a department store dressing some years ago) and the extraordinary vulnerability of our nation's voting, registration, and tabulation systems. To that end, 2020 Democratic hopeful Elizabeth Warren introduced a plan for election reform today which calls for, among other things, a mandate to replace the nation's easily-manipulated, oft-failed computerized voting systems with ones that allow every American to cast their vote by the safest, most verifiable method possible: HAND-MARKED paper ballots. Her measure is not unlike some of the provisions in HR-1 as passed by Democrats in the House and the PAVE Act, introduced in upper chamber by Sen. Ron Wyden, where it remains, along with all such election security bills, blocked by Republican Senate Leader Mitch McConnell.

But, where Democrats --- some of them anyway --- are coming around to the understanding that every voter in America must be allowed to cast their vote on a hand-marked paper ballot, the Democratic National Committee seems less than clear on the need for verifiable, publicly-overseeable election results. To that end, as we warned on the program some months ago, the DNC, following the 2016 election disaster, issued a mandate for all state Dem parties which choose to hold Presidential caucuses in 2020, rather than statewide primaries, to include some form of "remote voting" for party members who cannot attend in person.

That Democratic Party mandate, as our guest today Voting Booth's STEVEN ROSENFELD reported when we spoke with him back in March, has resulted in party officials in early caucus states such as Iowa and Nevada, scrambling to find private vendors willing to provide "remote voting" services that employee phone or Internet voting schemes. Today, Rosenfeld reports on what we'll call a moderately encouraging follow-up, finding that DNC officials may now be reconsidering that, frankly, insane mandate for unverifiable off-site voting systems.

"The thing about caucuses --- these are not government-run elections," Rosenfeld explains. "So this is really, really critical, because this means that all of the cybersecurity efforts --- of which there have been tremendous efforts made since 2016 to deal with trying to tighten systems --- those have all been in government election systems. These [caucuses] are private elections. So what the state parties will do in the caucus states is they have to rent a voting system. These do not have to be certified voting systems." That, of course, is an invitation to even less secure systems than those which already plague American elections, not to mention that cybersecurity experts consider Internet Voting schemes to be the most vulnerable of all such systems.

"So they're talking to different vendors who run these different systems. It's either going to be like using a telephone, to punch a button in to choose a candidate, or using an app, or using some kind of webpage." Rosenfeld, whose recent reporting on this includes discussion with the co-chair of the DNC's Rules & Bylaws Committee, says DNC officials plan to review state party plans this week, but may, in fact, not approve those plans after all.

Rosenfeld envisions a situation where, "in the first [Iowa] and third [Nevada] contests, the Democrats have a complete mess and Trump runs with it and yells and screams about 'stolen elections' all the way into the fall. The whole thing is just madness on top of madness."

Let's hope wiser heads prevail at the DNC, though I'm not holding my breath.

Finally today, Desi Doyen joins us for the latest Green News Report, with Vice President Mike Pence's embarrassing weekend appearance on CNN, in which he was unwilling to acknowledge his own administration's scientific warnings about the national security threat posed by our worsening climate emergency. Also on today's GNR, the Trump USDA is burying scientific reports on climate change, a deadly heat wave and acute water shortages are ravaging India, and --- with some good news --- G.E. has announced plans to shut down a natural gas power plant in California twenty years earlier than planned because renewable energy options are now both cheaper and cleaner!...

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