There are several basic election integrity truths that have escaped the attention of most Americans, even as they confront the scope of alleged Russian cyber intrusions into America's disparately run, local elections systems.

[Despite repeated assurances from U.S. officials that hackers didn't go so far as to alter vote counts, Department of Homeland Security officials concede that they failed to run an audit in order to determine whether the 2016 vote count had been manipulated by anyone, be they hackers, foreign or domestic, from Russia or anywhere else, or by election insiders whose direct access could facilitate a malicious, or even accidental, manipulation of vote totals. The mainstream U.S. media has also raised concerns that the United States, under the Donald Trump administration, is not doing enough to prevent hacking or manipulation of the 2018 and 2020 elections.]

The first basic election integrity truth is that, as The BRAD BLOG reported in 2009, following a stark presentation by a U.S. intelligence officer to the nation's only federal agency devoted to overseeing the use of electronic voting and tabulation systems, all electronically stored and/or processed data --- registration records, poll books, ballot definition scripts and, most importantly, computerized vote tabulators --- are vulnerable to malicious cyber intrusions.

"I follow the vote," CIA cybersecurity expert Steven Stigall warned members of the U.S. Election Assistance Commission (EAC) in a 2009 field hearing in Florida. "And wherever the vote becomes an electron and touches a computer, that’s an opportunity for a malicious actor potentially to…make bad things happen."

The second basic truth is that election system vulnerability is not confined only to malicious hackers, who may or may not be Russian. All electronic vote tabulation systems are vulnerable to election insider manipulation.

The third is that paper registration forms, poll books and hand-marked paper ballots are not, in and of themselves, vulnerable to electronic manipulation. (Paper ballots, of course, are not entirely risk free. Even before the advent of e-voting, there had been cases of ballot box stuffing. But it was the advent of central computerized/electronic tabulation that created a vulnerability to wholesale electoral theft by a "conspiracy" as large as one person, with little possibility of detection.)

The fourth is that the only way to ensure a transparent and verifiable count, one that can be overseen and confirmed the public, is to deploy what Brad Friedman aptly describes as "Democracy's Gold Standard": hand-marked paper ballots, publicly hand-counted with the verifiable results posted at each precinct on Election Night before ballots are moved to any other location.

The fifth is that the core issue in election integrity is not whether a given result is or is not the product of election fraud. Instead, as recently observed by Austria's Supreme Court, the issue is whether election officials have complied with procedures that are designed to ensure the integrity of a transparent and verifiable result.

Unfortunately, these basic democracy-sustaining truths, which have been judicially recognized in other nations, have been largely ignored by the U.S. mainstream media, the political leadership of both major U.S. political parties, and, critically, by our courts --- a point that truly came into focus with respect to the recent U.S. House Special Election in Georgia's 6th Congressional District...

On today's BradCast, another blockbuster report confirms vulnerabilities in our nation's voting systems that I've been trying to warn about for more than a decade, and several other stories not receiving the dire attention merited this week. [Audio link to complete show is posted below.]

In advance of Tuesday's highly contested U.S. House Special Election in Georgia's 6th Congressional District --- the most expensive House race in U.S. history --- Politico Magazine's Kim Zetter offers an absolutely chilling bombshell of a report headlined "Will the Georgia Special Election Get Hacked?" She reports that gigabytes of unsecured data --- including passwords for e-voting system central tabulators, voter registration databases and much more were kept on a wholly unsecured web server, potentially for years, at Kennesaw State University's Center for Election Systems.

The KSU Center, as they describe on their website, was "created and charged with the responsibility of ensuring the integrity of voting systems in Georgia" since the state adopted its statewide, 100% unverifiable Diebold touch-screen voting system in 2002. Those same machines are still used there today, despite their age (they run on a version of Windows 2000) and massive, well-documented vulnerabilities to hacking and insider manipulation. Nonetheless, the Center for Election Systems has long been cited as a model for election administration by the U.S. Election Assistance Commission and is responsible for the security and programming of every 100% unverifiable touch-screen voting system, computerized central tabulator, and electronic pollbook used across the state of Georgia.

The unsecured data files at Kennesaw, according to Zetter, were discovered prior to last year's Presidential Election and reported to the Center, but were still available online for download without a password at the beginning of March this year, during the run-up to the April primary election in the GA-06 House race. The data may, in fact, have been available there for years, even as Kennesaw's Executive Director Merle King, who has spent years testifying in court on behalf of Diebold's systems, reportedly failed to inform GA Sec. of State Brian Kemp about the breach last year after he was informed of it. In fact, Zetter notes that he warned the outside computer security researcher who discovered it not to inform the state. GA's former Sec. of State, Karen Handel, is the Republican House candidate in the reportedly very tight GA-06 race against Democrat Jon Ossoff and is said to have repeatedly blocked a security analysis of the Center years earlier while serving as the state's chief election official.

When the results of the House contest are announced on Tuesday night --- whichever party's candidate is declared the winner --- it will be virtually impossible to know if the results are accurate or if even one vote cast on GA's 100% unverifiable touch-screen voting systems were recorded as per any voter's intent.

While many of the vulnerabilities in GA's terrible voting and tabulation systems have been publicly known for years, the fact that the security at Kennesaw's Center for Elections is even far worse than ever imagined is both new and absolutely chilling in regard to both Georgia elections, and all others across the country, as I explain in detail on today's program.

Beyond that nightmarish report today, we also cover two different fatal attacks on Muslims over the past 24 hours, one in London and one in Virginia (and Donald Trump's failure to comment on either of them); The new Democratic strategy to slow down progress on the Obamacare replacement bill being crafted by Senate Republicans in complete secrecy, without public hearings or amendments in advance of a possible floor vote on the controversial legislation before the July 4th recess; And, the U.S. shoots down a Syrian bomber over Syria in violation of international law and without any authorization (or complaint or debate) from Congressional Republicans or Democrats alike, even as the weekend incident has drawn the wrath and potential targeting of U.S. aircraft over Syria by its ally Russia...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

Several other recent programs in The BradCast's series of reports leading up to the GA-06 U.S. House Special Election:

• 4/4/2017: Computer and e-voting expert Barbara Simons on the initial reports of a "massive breach" of the state voter database files at Kennesaw State University
• 5/8/2017: Garland Favorito of election watchdog VoterGA.org on the group's disturbing analysis of the central computer tabulator failure on the night of the April primary in GA-06.
• 6/6/2017: Election integrity expert Marilyn Marks on her lawsuit demanding hand-counted paper ballots in the GA-06 race.
• 6/12/2017: Diebold document whistleblower Steven Heller on Diebold caught lying in California in 2004 about the exact same machines still used in Georgia in 2017. (CA decertified them after Heller's disclosure.) And on the NSA analysis recently released by NSA contractor Reality Winner on spear-phishing attacks that may have allowed access to the voting system computers of election officials across the country prior to the 2016 Presidential election.

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, things are not going well in the judicial system for Donald Trump. And, an election-related whistleblower joins us to offer insight into the undoubtedly agonizing decision of another election-related whistleblower who was arrested just last week. [Audio link to show follows below.]

The week is not starting off well for Trump in the courts. A second U.S. Court of Appeals has now upheld lower court rulings blocking his second Muslim "travel ban" Executive Order. The 9th Circuit Court of Appeals echoed a similar finding by the 4th Circuit Court of Appeals late last month. The new court loss comes on the same day that the Attorneys General of Washington D.C. and Maryland filed a lawsuit against Trump's alleged violations of the U.S. Constitution's Emoluments Clauses, prohibiting elected officials like Trump from receiving payments from foreign and state governments.

But he may have won one in Georgia where, late last week, a state judge denied and dismissed [PDF] a complaint [PDF] and motion for a Temporary Restraining Order [PDF] seeking to demand paper ballots at the polling place for next week's much-watched (and most expensive ever) U.S. House special election. That, as voters will still be forced instead to use 100% unverifiable Diebold touch-screen voting systems at the polling place instead.

Then, speaking of elections and Diebold's unverifiable touch-screen systems, we're joined by "Diebold Document Whistleblower" [PDF] STEPHEN HELLER who, while working at a law firm in 2004, discovered the company and its attorneys were lying to the state of California about having illicitly installed uncertified hardware and software into its unverifiable voting systems that were, back then, allowed for use in the state. The touch-screen voting systems were decertified by the state following Heller's disclosures, but he paid a stiff price for sharing attorney-client privileged documents with the media. The same system he blew the whistle on in 2004 will be use in Georgia for next week's Special Election, and Heller offers thoughts on that issue.

But Heller joined us specifically today to share his unique perspective on another election-related leaker/whistleblower, 25-year old NSA contractor and Air Force vet Reality Leigh Winner. Her arrest comes on the heels of the release of U.S. Army whistleblower Chelsea Manning, whose 35-year sentenced was commuted by President Obama before leaving office, to the seven years Manning served since her conviction.

Winner was charged [PDF] last week under the 1917 Espionage Act for leaking a "Top Secret" NSA analysis to the press, which asserted that, prior to last year's election, Russian intelligence had used spear-phishing attacks to try and gain access to the computers of election officials around the country. Those same computers are often used to program voting systems, tabulators and voter registration databases. Under the espionage charges, Winner will not be allowed to make her case to the jury as to why she leaked the classified materials, nor explain how she believed them to be in the public interest, said fellow NSA-contractor turned whistleblower Edward Snowden last week.

Heller offers his own insight into the difficult decision he believes Winner faced when deciding to leak the documents, and explains why whistleblowers like him are often forced to decide to do the wrong things for the right reasons. "I felt that the crime of violating attorney-client privilege in this single, isolated, discrete instance, was worthwhile --- that I had to get this information out to the public so that the people of California and the rest of the country would know that this corporation was diddling our elections," he tells me.

"I think the message in both Ms. Winner's situation and mine is essentially the same --- our elections are under attack. And we Americans can't be complacent. We must protect our elections. Keep them clean, fair, open, untainted either by corporations or foreign nations or our own politicians and elections officials."

"What is illegal is not always wrong," Heller goes on to explain, from his unique perspective on the agonizing choices that folks like him and Winner (and Manning, and Snowden, et al) face when deciding to do what they did. "There's no question that if she did indeed leak these documents, as is alleged, that was illegal. But is it wrong? Reasonable minds may disagree."

Lots of stuff in my conversation with Heller (who, by way of full disclosure, has become a friend and occasional BRAD BLOG contributor in his years since blowing the whistle on Diebold) is worth tuning in for today. Much more than I can detail here!

Finally, a major energy utility company in Virginia tries to help choose the winner of the state's Democratic gubernatorial primary on Tuesday, and an otherwise Trump-loving Fox "News" anchor charges Trump's problem isn't fake news or the media, it's Donald Trump...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, the release of a leaked NSA analysis of alleged cyberattacks on voter registration systems and attempted intrusions into the computers of local elections officials just before last year's Presidential election underscore, once again, just about every warning regarding U.S. electronic voting, computer tabulation and voter registration systems that we've been yelling about for some 15 years on both The BradCast and at The BRAD BLOG. [Audio link to full show follows below.]

Today, we break down the specific details found in the leaked NSA documents published by The Intercept on Monday, how they highlight a much broader problem with the U.S. electoral system, and what the answer, at long last, must ultimately be in response to concerns about manipulated election results, no matter who the alleged or attempted culprit. (In this case, the U.S. intelligence services blame Russian military intelligence, which they deny. Either way, as detailed on today's show, it doesn't actually matter!)

On a not-at-all unrelated note, we are then joined by Marilyn Marks of the Rocky Mountain Foundation to discuss her lawsuit, filed with members of Georgians for Verified Voting, demanding hand-counted paper ballots for all voters in the upcoming, highly contested U.S. House Special Election runoff in Georgia's 6th Congressional District between Democrat Jon Ossoff and Republican Karen Handel.

Marks, a former Republican mayoral candidate turned long-time Election Integrity expert, details some of the many concerns spelled out in her suit (Complaint here [PDF], TRO Motion here [PDF]) regarding the state of GA's 100% unverifiable Diebold touch-screen voting systems, and the known cyberhacks, e-pollbook thefts and computer tabulator failures that have already plagued the most expensive U.S. House race in history, where early voting is already underway in advance of the bellwether June 20 contest.

"There were so many things that have happened since March 1st," Marks explains, describing many of the problems that have already undermined this election. "As you've pointed out, these systems --- when you say they are 'unverifiable', what people need to understand by that, of course, is that there is no way to assure that the voter's intent is recorded. We know what the machines want to report. But there is no way to know what the voter intended to vote. We do know that with the evidence of a paper ballot. So, that is what we are telling the court, that this system has gone through so many problems. It was unverifiable to begin with. And now we have seen the instances of several problems, just in the last 60 days, that tell us there is no way that the Sec. of State and the county election officials should assume that the system is safe to vote on. They must presume the system is unsafe."

The plaintiffs request, she says, "is a simple one. And that is: let voters vote on paper ballots."

"The only practical answer is to go to paper ballots [and] hand count them," Marks tells me. "It would be very easy to do. We've had a professional estimate how long it would take --- less than an hour per precinct. It would actually be faster, cheaper, more efficient and far more transparent to vote on paper ballots in this simple election than it is to use the machines." Indeed, with just one contest on most of the ballots in this Special Election, hand-counting would amount to little more than separating ballots into two stacks, one for each candidate, and then counting each stack. It is what we have long described as "Democracy's Gold Standard."

Marks goes on to cite the concerns illustrated, once again, by yesterday's leaked NSA documents and argues: "You talk to any computer scientist, regardless of what party they are, you talk to any voting systems expert, I don't think you'll find a single expert, a single computer scientist who would say these machines even approach the point of being safe to vote on. And it has nothing to do with their politics."

"We must have transparent elections where the public can oversee the counting of the ballots. And in Georgia, there is no oversight. No one --- not the election official, not the public, not the campaign, not the candidate --- no one can figure out whether or not the ballots are counted right."

But does her lawsuit have a chance this late in the game, with early voting already under way? Tune in for her response to that and much more, including her thoughts on how GA's Sec. of State Brian Kemp, also a Republican, has responded so far to both Marks' complaint, and an earlier request, prior to the GA-06 primary, from dozens of the world's top computer security and electronic voting systems experts.

Yes, elections still matter. But, as computer security expert Bruce Schneier told The Intercept yesterday: "To the extent the elections are vulnerable to hacking, we risk the legitimacy of the voting process, even if there is no actual hacking at the time. It's not just that it has to be fair, it has to be demonstrably fair, so that the loser says, 'Yep, I lost fair and square.' If you can't do that, you're screwed."

We're screwed.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, the Trump-toxified GOP appears to have abandoned all pretense of "values" and "personal responsibility" to elect someone to federal office even after he violently assaulted a journalist on the Eve of the Election. And a longtime voting rights group announces they are forced to shutter their doors for lack of funding. What's wrong with this picture? [Audio link to show is posted below.]

On Thursday, after being cited on assault charges for "body slamming" a reporter from The Guardian the night before, Republican Greg Gianforte was nonetheless elected as Montana's next U.S. Congressman in the Special Election to fill the seat vacated by Donald Trump's Secretary of the Interior, Ryan Zinke. The At-Large seat for the state's only member of the House of Representatives has long been held by Republicans. And, though Trump won the state by more than 20 points last November (Zinke won his seat by 16 points), first time Democratic candidate Rob Quist was polling within single digits of Gianforte and thought to have a shot especially after the GOPer melted down on Election Eve.

Alas, it wasn't to be. We discuss what the Dem loss means going forward (they did swing the vote from GOP to Dem by some 10 points since November), why it likely happened (more than 72% of voters had already cast votes by mail before the meltdown, and many Republicans liked it anyway), Gianforte's apology (only after the election was over), how Trump's own threatening rhetoric has poisoned his party, and how House Speaker Paul Ryan could, Consitutionally, prevent the criminally-charged Gianforte from being seated in the House of Representatives, if he wanted to (and how you can help encourage that).

Next up, while partisan eyes remain on political candidates, and GOP-controlled states like New Hampshire and many others use phony "voter fraud" claims to try and make it harder for left-leaning voters to vote, non-partisan, non-profit voting rights groups are forced to fight for resources just to stay in operation. One such group, the decades-old ProjectVote.org, which has helped register millions of voters, trained voter registration groups around the country, helped to expose how a GOP scheme to promote fraudulent "voter fraud" claims led to the U.S. Attorney Purge during the George W. Bush Administration, and has otherwise filed lawsuits in more than a dozen states to ensure compliance with 1993's National Voter Registration (or "Motor Voter") Act, announced this week they are being forced to shut their doors at the end of the month due to a lack of funding.

Project Vote's President and Executive Director Michael Slater joins us today to discuss the sad and maddening news at a time that groups like his are needed more than ever.

We discuss some of Project Vote's many accomplishments, going back to their founding in the 80s, how the Right has created a "machine to develop propaganda to justify policy outcomes that are in no way in the interests of democracy", improvements (if not enough) in the media in shining a light on the GOP's "voter fraud" lies; and how "folks in the funder community" need to step up to make sure others can fill the void that will be left behind in Project Vote's absence.

"I would encourage people that make contributions to set a portion of those contributions aside for democracy work," Slater says. "There are a number of very good organizations that do democracy work that include Lawyers' Committee for Civil Rights Under Law, the Brennan Center, League of Women Voters, Common Cause --- there's a range of good organizations. The challenge, I often think, is that as an emergency comes up like what we've seen with the attacks on immigrant rights, people immediately put all of their available money into those programs or those emergencies, and they they forget about the ongoing work that we need to do on the democracy sector."

Yup. I would also argue, as I have for years, that many partisans seem to have no problem giving money to candidates and political parties, but only look to support "the democracy sector" after their candidate has lost an election and it is otherwise too late to do anything about it. Or, as in this case, after the folks doing the difficult democracy work are forced outta business.

Finally, to help get all of that our of my system, some encouraging news, believe it or not, concerning the Trump Administration's deliberations on whether to drop out of the landmark UN Paris Climate Agreement, and a musical moment guaranteed to leave you feeling groovy over the upcoming holiday weekend...sort of...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: The story of Donald Trump's firing of FBI Director James Comey turns even more bizarre and takes a decidedly thuggish turn (don't worry, your President is 'not a crook') and Vice President Mike Pence gets tapped to head Trump's new "voter fraud" commission, despite his own (much overlooked) record of stoking false GOP allegations of "voter fraud" and helping to shut down a major registration drive in his home state, just before last year's Presidential election, while campaigning for Veep and serving as Governor of Indiana.

First, the Trump/Comey affair turns more insane and Godfather-like by the hour...or Nixon-like, if you prefer, now that Trump has hinted there may be audio recordings of his private conversation with the now-former FBI Director. We bring you up to date on the latest madness and lies on that quickly moving soap opera, which continues to tie the White House into knots.

We then turn to the Executive Order signed this week by the President amidst all the Comey fallout, which creates a new sham commission, by fiat, to examine Trump's false claims that as many as five million votes were illegally cast in the 2016 election. The so-called "Election Integrity Commission" --- which, according to the Order, is to look at only voter and voter registration fraud, rather than voter suppression, which is a far more extensive problem or concerns about the vulnerability of vote casting and counting systems --- is to be headed up by Vice President Mike Pence and Kansas' notorious vote-suppressing Secretary of State Kris Kobach.

While many may be familiar, by now, with Kobach's years-long storied history of fraudulent 'voter fraud' claims, many are likely unaware of Pence's efforts last year during the campaign, while serving as Indiana's Governor, to suppress a major voter registration drive targeting African-Americans in Indiana, with false claims of "voter fraud" and the outrageously heavy-handed use of his State Police force.

On today's show, we detail how the offices of the Indiana Voter Registration Project were raided and shut down, with computers, cell phones and paperwork confiscated by Pence's cops, just days before the state's October 11, 2016 voter registration deadline. The effort (also aided and abetted by the state's Republican Sec. of State Connie Lawson, who is also set to serve on Trump's phony commission), served to shut down the major registration drive by a Democratic-leaning organization and resulted in the Marion County Prosecutor demanding an end to misleading and suppressing public statements from Superintendent of the State Police. It did not, however, despite claims of "thousands" of fraudulent forms, result in any arrests, and it was all quickly forgotten, as usual, after Election Day. In all, some 50,000 valid registrations may have been scuttled in the Hoosier State, thanks to the false claims of forged and fraudulent registration forms across dozens of counties in what Pence described to brain-addled supporters on the campaign trail as a "vigorous investigation into voter fraud".

Finally today: The White House lies about the number of new manufacturing and coal jobs created last month and North Carolina receives just 1% of their requested funding for Hurricane Matthew relief from Congress and the President...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: A new technical analysis of the root causes of the Election Night tabulation disaster that halted counting during the U.S. House primary special election in Georgia's 6th Congressional District last month finds several "critical security flaws" in the computerized tabulation system that, the reports authors find, could affect both the highly contested upcoming June run-off, as well as other elections across Georgia and the rest of the nation. [Audio link to complete show posted at bottom of article.]

But, first today: Former Acting Attorney General Sally Yates finally testified in the U.S. Senate on Monday about the concerns she relayed to White House legal counsel shortly after the January inauguration, that then National Security Advisor Michael Flynn had lied about his conversations with a Russian diplomat and had, therefore, opened himself up to compromise and blackmail. We cover some of her Congressional testimony today, which was still ongoing at airtime.

In the meantime, voters who might wish to respond at the voting booth to the many concerns about the Trump Administration continue to face new obstacles placed in their way by new Republican enacted restrictions on voting. Another example comes out of Iowa, where, on Friday, the Governor signed a bill to require one of a small number of government-issued Photo IDs at the polling place, despite any evidence that such a restriction would have prevented any voter fraud in the Hawkeye State.

But even voters who are able to cast a vote continue to have legitimate concerns as to whether their votes are counted as cast. That's certainly the case in states like Georgia, which still forces voters to vote on 100% unverifiable touch-screen systems. On today's BradCast, Garland Favorito, co-founder of the non-partisan election integrity organization VoterGA, joins us to discuss his group's disturbing new preliminary Root Cause Analysis [PDF], published late last week, finding "critical security flaws" at the heart of the computer tabulation disaster that occurred on Election Night in Fulton County during last month's U.S. House Special Election primary in Georgia's 6th Congressional District.

Favorito, a long time career IT professional, explains the group's finding of a number of serious flaws, and his response to the state's Republican Sec. of State Brian Kemp who dismissed the problem, which halted vote counting for several hours on April 18th, as little more than "human error". Favorito also notes that, despite Kemp's promise of an investigation into the matter, public records requests have revealed that nobody has been assigned to carry out the probe as of last week when VoterGA issued their report.

Favorito explains that a memory card --- with results from a completely different election --- were allowed to be uploaded to the GA-06 contest on Election Night, and that the GEMS computer tabulation system (used across the state, but also used in hundreds of counties in other states as well, even on paper ballot optical-scan systems) failed to prevent the invalid data from being sent to the central tabulator.

"The system should have caught that," he tells me. "We found that to be almost amazing and we would consider those to be absolutely critical software flaws, that there was no validation" either at the remote location where results were uploaded, or at the main database server when they were received at county headquarters. "So, basically, that scenario could play itself out again almost any time." The real concern, he adds: "a bad guy could in fact legitimately change the results of an election through fraud" via these newly discovered security flaws.

When I asked Favorito whether I am right to characterize the state's Diebold touch-screen systems as "100% unverifiable," Favorito says: "You're 100% plus accurate. They are unverifiable. There is no way to detect whether or not fraud really occurred. We do not have verifiable elections in Georgia."

In hopes of avoiding another disaster, VoterGA is calling on voters to request absentee paper ballots for the much anticipated and hotly contested June 20th runoff election between Democratic candidate Jon Ossoff and his Republican opponent Karen Handel, the state's former Sec. of State, in what has already "smashed" the all-time record for the most money ever spent to win a single U.S. House election.

"You could actually conduct this race on Election Night and report the results, by paper, by hand [counting], faster than you could lugging all those expensive unverifiable machines to all the different precincts, and then going through the same upload process again just for this one race. It would be faster and cheaper. That's the irony of the whole situation," he says.

Favorito also explains what, if any, evidence of fraud was uncovered by the VoterGA analysis; SoS Kemp's failure to even respond to computer scientists and e-voting experts at Verified Voting who called for paper ballots in GA following a "massive data breach" in March at Kennesaw State University's Center for Elections, which is contracted to program all of the state's voting systems and electronic poll books; and some of the past election disasters in Georgia, such as a 2005 local tax referendum, with billions of dollars of taxes at stake in Cobb County, when hundreds of "blank" touch-screen ballots were reported in the results, despite the measure being the only item on the ballot during that special election. ("Why would voters take the time to drive to the polls, stand in line --- because it was a pretty hot issue --- sign in, go up into the voting booth, put their card in, and then decide not to cast their ballot after they got in there? That's just hard to believe. In fact, It's just unbelievable," Favorito insists.)

There's much more in today's, frankly, alarming conversation which should be of concern not just to voters of all political stripes in GA, but all across the country, given these latest findings revealing, yet again, that electronically tabulated results can be corrupted or manipulated in a way that would be virtually impossible for election officials, much less the public, to ever detect. Little wonder the latest Electoral Integrity Project report out today from Harvard and the University of Sydney, rate U.S. elections, once again, as the "worst among western democracies"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, the new election chief in Maricopa County (Phoenix), AZ has discovered tens of thousands of voter registration forms from citizens who, he says, are otherwise eligible to vote, but were never added to the voting rolls by his predecessor, due to what he describes as an unconstitutional or, at least, immoral state statute. [Audio link to show follows below.]

Democrats seem quite giddy (with good reason) about their chances of re-taking the U.S. House next year following Thursday's passage of the wildly unpopular Republican bill to replace ObamaCare. But their voters will have to be able to actually cast a vote next year --- and have their votes counted as cast --- in order for Democrats to have any chance of regaining a majority in Congress.

On that note, we are joined on today's show by Maricopa's brand new County Recorder Adrian Fontes. Last November, the Democratic former prosecutor unseated Pheonix' previous election chief, Republican Helen Purcell, who had served in the post unopposed for 30 years. He was inspired to run following the disastrous Presidential Primary in Maricopa last year, when hundreds of precincts were shut down and many voters were forced to wait for hours to cast a vote in the Sanders/Clinton primary.

Since taking office, Fontes has discovered tens of thousands of voter registration forms, going as far back as a decade, stored in dusty boxes in a county warehouse. The forms, he explains, were never entered in to the voter database, since the applicants failed to include proof of citizenship, as required by Prop 200, a 2004 ballot initiative that is now Arizona law.

Fontes explains that he is now attempting to confirm the citizenship of the would-be voters himself, by checking their status as already tracked by the state's Motor Vehicle Division (MVD) database. "We had a policy in this office that uses what I consider to be a mis-read of state law," he tells me. "The read that was happening says that the County Recorder is to reject the form. My read is, if you've already proven to the State of Arizona that you're a citizen, then you should be allowed to vote."

Critics, specifically Republican critics, charge that Fontes, a U.S. Marine who formerly worked as a prosecutor in both the County Attorney's office as well as for the Arizona Attorney General, is not shy in countering those critics. "Why in the world would anyone not want me to go check with the MVD and say 'lo and behold, the Motor Vehicle Division of the State of Arizona has on file a document proving that this person is a citizen. I will therefore register you to vote!' Why would anybody oppose that?"

Making matters worse or more "ironic" or "laughable", as Fontes describes it, because the federal voter registration form has no instructions for attesting to citizenship status, state guidance requires him to check with the MVD himself to confirm citizenship status for those voters. But if the very same person were to have used a state voter registration form and forgot to fill in their drivers license number or provide other proof of citizenship, he is not supposed to register that person, according to the state rulebook. Moreover, he tells me, an online state registration system automatically checks that very same MVD database for applicants. "So, something that the state does, automatically, on its own website, you've got people telling me that I'm barred from doing. If that's not the epitome of craziness, I don't know what is!"

In all, Fontes tells me, he now believes "nearly 91,000" otherwise eligible voters may be found in those dusty boxes and he plans to register them all if he is able to confirm their status.

In addition to all of that, I ask Fontes about claims by Bernie Sanders supporters (he is one himself) that the DNC and/or Hillary Clinton Campaign were somehow behind the Primary election disaster in Phoenix last year, in order to rig the contest against the progressive Vermont U.S. Senator. That disaster, he explains, is what inspired him to run against Purcell. We also discuss allegations of Arizona's voter database being hacked last year, concerns about the county's electronic ballot tabulation system and whether there is actually any evidence to support claims by Republicans like Donald Trump and his adviser, Kansas Sec. of State Kris Kobach (who also instituted a "proof of citizenship" requirement in that state), that millions of illegal votes, including by non-citizens, were cast in last year's election.

Finally today, Desi Doyen joins us for the Green News Report with her usual disturbing news, but also with a number of happily encouraging reports on the amazing growth of clean, renewable energy both in the U.S. and around the world!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, not that we enjoy saying "we told ya so," but, yeah, another election result goes south on 100% unverifiable Diebold touch-screen systems in a key election for Democrats, as we've been warning for weeks (years, really). And, yes, the disgraced Bill O'Reilly has finally been fired by Fox 'News'. [Audio link to full show follows below.]

In Tuesday's U.S. House special election in Georgia's 6th Congressional District, Democratic candidate Jon Ossoff appears to have soundly defeated a split Republican field in a very Republican district, in the "jungle primary" race for a House seat held by the GOP since 1978 and recently vacated by Trump's appointment of Rep. Tom Price as Director of Health and Human Services.

However, the final results of Tuesday's contest, as taken from the state's 100% unverifiable Diebold touch-screen voting systems, report that Ossoff just failed to go over the 50% threshold by which he would have won the seat outright. Instead, he'll compete in a run-off in June against the second place finisher on Tuesday, Republican Karen Handel, former GA Sec. of State.

So, are the reported results accurate? It is impossible, in fact, to know, as I've long been warning. That fact is made even more maddening by the fact that a reported central tabulator "error", said to have been caused by a faulty memory card from one of the voting machines, stopped all results from being reported for hours in Fulton County, as Ossoff results were stuck at 50.3%.

At the time, all counties in the district but Fulton (Handel's home county) had reported 100% percent of their results. Hours later, after the computer tabulator problem was said to have been corrected, and results started coming in again from Fulton, Ossoff's numbers dropped to 48.6%, below the threshold that would have prevented a run-off.

So, was the election stolen? Or was the all-too familiar problem during the tally just a routine error on the state's unverifiable, easily-manipulated, oft-failed voting system? The state's Diebold voting systems and tabulators were first installed in 2002. They are, shamefully, still used today, despite multiple massive vulnerabilities, including one that allows results to be flipped without detection, as first reported by The BRAD BLOG as early as 2006. At the very least, as I noted last night on Twitter during the hours long freak-out over the reported faulty memory card(s): "If I'm Ossoff, I get to court and have ALL of those memory cards in Fulton locked down and sequestered for forensic inspection."

Adding to the concerns in that GA-06 election: The reported "massive data breach" last month at the facility which programs both the voting machines and the state's electronic pollbook systems and, over the weekend, the theft of a number of those e-pollbooks from a poll workers car. (Widely mis-reported as a theft of "voting machines".)

I discuss all of the above, in much more detail (including the political fallout from the race, which is still very bad for Trump and the GOP), on today's show --- and take a number of calls about it all of it as well.

Also today: Bill O'Reilly, the biggest star on Fox "News" since it's inception, has finally been fired, following the latest round of multiple sexual harassment allegations against him, millions of dollars in settlements paid by both him and Fox to his accusers, and dozens of advertisers who pulled out of the show following the latest round of allegations. (Here's the recent BradCast where I discussed the latest allegations with Media Matters' Eric Boehlert late last week, and where he pretty much predicted what has finally happened today.)

Finally, Desi Doyen joins us for the latest Green News Report', with toxic oil and chemical spills, new heat records, and some otherwise encouraging news about London's iconic black cabs...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Voting and killing. Voting and killing. The world sure seems to be doing a lot of each these days, especially the U.S. (particularly when it comes to the killing part, anyway.) [Audio link to complete show follows below.]

First up today, an obnoxiously arrogant (and hypocritical) comment about the U.S. and North Korea by Vice President Mike Pence. Then, voters head to the polls today in Georgia's 6th Congressional District for a U.S. House special election in which the Democratic candidate has been polling far ahead of a split Republican field. But Jon Ossoff will have to win more than 50% of the reported vote to avoid a one-on-one run-off election with the top Republican vote-getter, in a very Republican district, as still more concerns arise about the reliability of reported results from the state's 100% unverifiable touch-screen voting systems. Among the concerns (in addition to the unverifiable results): a "massive data breach" last month at the facility which programs both the voting machines and the state's electronic pollbook systems and, over the weekend, the theft of a number of those e-pollbooks from a poll workers car. (Widely mis-reported as a theft of "voting machines", but still concerning nonetheless. We discuss why.)

Also today, Britain's Prime Minister makes a surprise announcement calling for snap elections to be held in June, in advance of final Brexit negotiations and, also over the weekend, a Turkish referendum to grant sweeping powers to the nation's President appears to have narrowly passed. But the opposition and international election observers (if not Donald Trump) are crying foul. That apparent "victory" has resulted in the Turkish President calling for restoration of the death penalty, which, the European Union warns, would prevent Turkey from finally joining the beleaguered EU.

None of that, however, has prevented the state of Arkansas from attempting to move ahead with an unprecedented eight executions over the next 10 days, as the state's supply of one of the controversial drugs --- of dubious effectiveness and purchased under false pretenses by the state --- used for lethal injections there, is set to expire on May 1.

Longtime capital punishment litigator Robert Dunham, Executive Director of the Death Penalty Information Center, joins us to explain Governor Asa Hutchinson's extraordinary planned killing spree and the blizzard of protests, legal measures and court rulings at both the state and federal level, which have already resulted in a last minute U.S. Supreme Court ruling on Monday night, and stays on the state's killing of the first two men set to die in the first of four nights of scheduled double-executions over this week and next.

"This is completely unprecedented. No state in the modern history of the U.S. death penalty has ever attempted to carry out this many executions in a short period of time," Dunham explains, describing the "artificial 'Kill By' date" set by the Governor. "This is something we have never seen before. And [Arkansas is] trying to use a very, very controversial and inappropriate drug in circumstances in which the execution schedule only makes things worse."

We discuss the "psychological trauma for the prison personnel" tasked with carrying out the killings, the pharmaceutical companies trying to keep their medicines from being used to kill prisoners "against their corporate mission, which is to save lives, and not take lives"; questions about the innocence, guilt, legal representation and mental acuity of some of those set to be killed; and the multiple state and federal cases furiously moving through the courts over all of this, including the "irony" of the state of Arkansas' "states rights" Governor and Attorney General challenging a ruling on state law by their own state Supreme Court at the U.S. Supreme court.

Finally today, in hopes of cheering us all up a bit, it appears that folks in Texas have finally gotten something right about politics --- and Donald Trump will not like it one bit...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, a story out of Georgia serves as a jarring reminder that we'd better not wait until 2018 to be concerned about the integrity and public oversight of our electronically tabulated elections. Also, the political blame game is underway regarding the Republicans' planned use of the "nuclear option" in the U.S. Senate. [Audio link to show posted at bottom of article.]

Early last month, someone reportedly hacked into the voting records database at Kennesaw State University's Center for Election Systems, which is contracted to maintain and program all of Georgia's 100% unverifiable touch-screen Diebold voting systems and electronic poll books. The state still uses the same unverifiable 2002 voting systems that, as we reported more than a decade ago, were hacked in a minute's time by researchers at Princeton University, where they were able to implant a virus that could pass itself from machine to machine and flip the results of an election with little or no possibility of detection.

The recent hack at Georgia's KSU, which the Atlanta Journal-Constitution described at the time as possibly compromising some 7.5 million voter records, resulted in a quiet FBI investigation, and comes as special elections are about to be held in a number of states to fill U.S. House seats vacated by Republican members of Congress tapped to serve in the Trump Administration.

One of those special elections is in Georgia on April 18, where the contest to fill GOP Rep. Tom Price's seat in CD-6 (he's now Trump's Secretary of Health and Human Services) is drawing both national attention and a lot of money from both Democrats and Republicans. With a suprisingly popular 30-year old Democrat, Jon Ossoff, poised to potentially upset a splintered GOP field in the otherwise solidly Republican district, the race is being regarded as a potential bellwether for the 2018 elections.

Longtime computer scientist and voting systems expert Barbara Simons of VerifiedVoting.org joins me today to explain the ongoing concerns about the still-mysterious Georgia hack, Verified Voting's effort to get answers about it from GA's Republican Sec. of State Brian Kemp; the group's request to have him to offer paper ballots to voters in the wake of the reported "massive data breach"; and this weekend's similarly cryptic news that the FBI has now concluded its investigation.

As we discuss what we know, and don't, about the GA hack, Simons, co-author of Broken Ballots: Will Your Vote Count? and a member of the U.S. Election Assistance Commission's Board of Advisers since 2008, tells me that "it's a national scandal" that the state is still using those unverifiable systems for all elections.

Simons had also joined a number of renowned voting systems experts to plea with the Hillary Clinton campaign last year to seek a public hand-count of the Presidential election in several states, given questions about the exceedingly close race and the surprising results in a number of them. When Clinton declined to file for that common sense oversight, Green Party candidate Jill Stein responded affirmatively to the same plea. Nonetheless, as we also discuss today, hand-counts in Wisconsin, Michigan and Pennsylvania were largely blocked, thanks to efforts by Team Trump, state Republicans and even some Democrats.

We discuss all of that, the years-long effort to institute legislative safeguards against electronic voting and computerized tabulation systems; and why even paper ballots tallied by computers leave the public uncertain about the accurate results of elections. "Paper ballots in and of themselves are not sufficient. That lesson was very clear from the 2016 election," she tells me, as I ask about what I see as the need to publicly hand-count hand-marked paper ballots on election night in order to restore public confidence and oversight of results. "The problem is we have some very bad laws," she responds, offering her thoughts on legislative changes that are needed, short of ditching the computers entirely, in order to respond to what she sees as "a national security issue" in our elections.

Also on today's show: Republican Senators lament the idea of killing the filibuster for U.S. Supreme Court nominees...as they prepare to vote to kill it anyway; The NCAA falls for North Carolina's "repeal" scam of its anti-LGBT law; and Trump repeals an Obama-era rule seeking to keep bears from being hunted and killed during hibernation in Alaska...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Today, the President of the United States was ordered to pay $25 million in a fraud settlement to some 4,000 Americans. But, incredibly enough, that news has been barely noticed.

On today's BradCast [audio link to show posted at end of article], as the frenzied pitch of investigation into Team Trump and Russia ticks up a notch from 10 to at least 11, a former CIA Director bothers to notice the vulnerability of our nation's electronic voting systems...but fails to appreciate, or even understand, the actual threat. And North Carolina picked a very strange way this week to "celebrate" the 7th International Transgender Day of Visibility. And, this time, both Republicans and Democratic elected officials share the shame.

First up, a quick thought on today's federal court approval of a settlement requiring President Donald Trump to pay $25 million to those defrauded by his Trump University scam.

Then, James Woolsey, Bill Clinton's former CIA Director and short-term member of Trump's transition team, tells CNN that the media is focused on "the wrong issue" in the Trump/Russia investigations. Never mind his "government by tweet" or questions about the Republican Chair of the House Intel Committee caught colluding with the White House amidst their investigation. The real concern, he argues, should be that "25 percent, approximately, of our voting machines in the United States do not have paper backups, so if the electronics have been tampered with, you will never know, and you can’t do a recount. ... The rest is very minor by comparison."

He has more to say on the matter, some of which he is right about, some of which he is either wildly naive, misinformed, or hoping to misinform the public. So I have a few things to say myself in response to it all, as you might imagine.

Next, facing the loss of billions to their economy, North Carolina Republicans on Thursday finally "repealed" their discriminatory anti-LGBTQ "bathroom bill" (HB2) by replacing it with another (HB142) which LGBTQ advocates charge is nearly as odious and, in some measures, even worse than the original. This time, however, the new legislation was signed into law by a Democratic governor.

Attorney Tara Borelli of Lambda Legal, which has sued to block the state's law, joins us to explain the beguiling "fake repeal" and shameful reasons it was jammed through the state assembly in just hours yesterday.

"If you're struggling to figure out how HB142 fixes things in any real way for LGBT people, join the club," she tells me. "We, and a host of others, are incredibly disappointed, outraged, and frustrated with this so-called 'compromise' repeal deal. HB142 simply took a bunch of the bad old provisions of HB2 and perpetuated them, and further enshrined them into North Carolina law." Borelli details how and why state lawmakers "have tried to put, just to be blunt, a lot of lipstick on the pig" and why they were in such a hurry to do it.

Finally, Desi Doyen joins us for the latest Green News Report on the beginning of push-back from Dems and environmentalists in the wake of Trump's executive order on Tuesday, attempting to gut Obama's climate and environmental policies and legacy...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, with the consistent help of Sen. Sheldon Whitehouse (D-RI), we connect some of the dots between the Citizens United ruling, the GOP theft of the U.S. Supreme Court and the undermining of climate change legislation. Yes, it's all of a piece, and it begins well before the fateful SCOTUS ruling in 2010. [Audio link to show follows below.]

Today we go back as far as 1991 when a newly formed rightwing non-profit group by the name of Citizens United spent $100,000 to make sure alleged sexual harasser Clarence Thomas would be confirmed as a Justice on the U.S. Supreme Court. Twenty years later, in 2010's 'Citizens United v. FEC' ruling, Thomas then decided with the majority to help unleash a tsunami of undisclosed "dark money" into our political, electoral and judicial system (including more than half a million dollars to his wife's new non-profit, in the two months following the case's oral argument at the Court.)

In 2014, Sen. Whitehouse cited that fateful decision as the point in time when Republicans, who used to support action on climate change, immediately stopped doing so. And, this week, at the confirmation hearings for Judge Neil Gorsuch --- Donald Trump's nominee for the GOP's stolen Supreme Court seat --- Whitehouse confronted Gorsuch in a fascinating extended exchange, about dark money corruption in politics, including the $10 million spent by undisclosed rightwingers backing Gorsuch's confirmation, and the $7 million the same shady groups spent to block the confirmation of Barack Obama's nominee, Judge Merrick Garland.

All of that and more on today's program, including Desi Doyen and the latest Green News Report and the Colorado GOP's former chairman-turned-talk show host who, one month before last November's election, told listeners: "virtually every case of voter fraud I can remember in my lifetime was committed by Democrats." He's now been charged absentee voter fraud...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

The hypocrisy gets thicker by the moment. On today's BradCast, Vice President Mike Pence used private email for state business while serving as Indiana's Governor. And, down in Texas, the U.S. Department of Justice, after switching sides in a long running voting rights case, bombs out, according to our guest who was in the courtroom for a remarkable hearing this week. [Audio link to show posted at end of this article.]

Yes, VP Pence has been discovered to have used a private email server for state business as Governor of Indiana, even while running for Vice President and mercilessly criticizing Hillary Clinton for having done the same while Secretary of State. Unlike Clinton's email account, Pence's was actually hacked. That news follows a similar report that Trump's EPA Administrator, Scott Pruitt, also used a private email server for state business while serving as Oklahoma's Attorney General --- and lied to Congress about it.

Then, we're joined by Slate legal reporter Mark Joseph Stern with his amazing report out of Texas, where he was in a federal courtroom this past week, to witness the latest hearing in the long-running case against the state's racially discriminatory Photo ID voting law. The hearing, he explains, was remarkable on a number of fronts. Not the least of which is the fact that, after years of successfully challenging the state Republicans' racist law side-by-side with private litigants, the U.S. Dept. of Justice, now under the control of Donald Trump's Attorney General Jeff Sessions, has switched sides in the case to join with Texas!

The result, as Stern details, was encouraging, gob-smacking and, at times, hilarious. After the state's law, denying access to the polls for those without very specific types of state-issued IDs, has been found racially discriminatory in court after court for years (including by the most conservative U.S. Appeals Court in the land), the only real question now before the U.S. District Court Judge is whether or not Texas enacted their voting restriction with a discriminatory intent. If the law is found (again) to have been purposely designed to discriminate against racial minorities, the state could find themselves back under the Voting Rights Act's pre-clearance regime, requiring federal approval for any new laws related to elections.

The DoJ, now standing with Texas in their call for the case to be dismissed, offered an argument that the Judge didn't appear to be buying, Stern reports --- largely because the argument seemed to make no sense at all. Their argument, in short, is that the state legislature is working on a new version of the same law. Therefore, their intent while creating the previous version should no longer matter nor be held against them as a violation of the law or Constitution. At the same time, the state attempted to offer evidence that they failed to offer during the original trial, which turned out not to be actual evidence at all. Suffice to say, amidst a mountain of real evidence against them, the DoJ and Texas arguments "crashed and burned," says Stern, adding that "t was almost painful to watch!"

This case, "goes way beyond Texas," he notes, citing some of the responses from a plaintiff attorney for the NAACP after the hearing, and a Democrat that the state's attorney inexplicably tried to blame for the law. "This is sort of testing the waters for many other states, even possibly for a national voter ID bill governing all federal elections. This is just the start. So we're really at the threshold of this battle, even though it feels like we've been waging it forever."

There is a lot more in today's interview. Please tune in for it. Trust me. It's a very nice way to end this week.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, as dark as yesterday's show was, today is somewhat the opposite, with a whole bunch of encouraging news from the courts and the people across these United States. [Audio link to show follows below.]

Attorney and legal journalist Mark Joseph Stern of Slate joins us to break down the full 4th Circuit Court of Appeals' potentially landmark decision upholding the state of Maryland's ban on semi-automatic "weapons of war" and the U.S. Supreme Court's ruling today on a race-based death penalty case out of Texas.

On MD's ban on military-style assault weapons, enacted by the legislature following the 2012 Sandyhook Elementary school massacre, the full court's majority ruling, including a number of Republican-appointed judges, soundly rejected the opponents argument that, as Stern says, "once enough people own a certain type of gun, the 2nd Amendment magically begins to protect it." He explains what may happen next with this case as it moves toward the Supreme Court and offers his thoughts on why GOPers and the NRA are suddenly unconcerned with their "states rights" arguments when it comes to guns.

On the SCOTUS death penalty case, granting a repreive, for now, to a Texas man on death row since 1997, Stern explains how the case underscores that "people who are sentenced to death in this country get the worst lawyers sometimes...It's really quite shocking." Incredibly enough, Chief Justice John Roberts eloquently agreed --- at least in this case.

And more encouraging news also covered today...

• A federal court in Texas blocks the state's attempt to defund Planned Parenthood;
• North Carolina's Democratic governor moves to withdraw the state's appeal to SCOTUS, filed by his Republican predecessor seeking to overturn a federal appeals court finding that the state's election reform law unconstitutionally discriminated against African-Americans "with surgical precision";
• An FEC commissioner refuses to back down in the face of legal threats from Koch Brothers'' funded group after her demand to see Trump's alleged evidence of thousands of illegal votes cast in New Hampshire's 2016 Presidential election;
• Another new poll finds Trump's approval ratings "sinking like a rock";
• A Muslim group raises $90 thousand (so far) to help repair the desecrated Jewish cemetery in St. Louis, MO;
• A people continue to exercise democracy, whether Republicans and Donald Trump like it or not, by showing up in huge numbers at Congress member town halls across the country...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)