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Latest Featured Reports | Sunday, October 25, 2020
Special Coverage: The Final 2020 Presidential Debate: 'BradCast' 10/23/20
Guests: Heather Digby Parton and Richard 'R.J.' Eskow decode Thursday's face-off in Nashville and our nightmares before (and after?) Halloween...
Trump, Barr, Wolf Sued for Unlawful Voter Intimidation: 'BradCast' 10/22/20
Guest: Attorney Ron Fein; Also: Biden's Court expansion plan; Graham breaks rules to approve Barrett; Bad news for AL voters; Admin says Iran behind Dem email threats?!...
'Green News Report' 10/22/20
  w/ Brad & Desi
Another new record storm in a record-breaking hurricane season; Great Barrier Reef half dead; First all-climate campaign ad; PLUS: The Hummer is back, and now it's all-electric...
Previous GNRs: 10/20/20 - 10/15/20 - Archives...
Are Americans Ready (or Even Able) to Roll Back the GOP's 'Permanent Minority Rule'?: 'BradCast' 10/21/20
Guest: David Daley; Also: Lawyers hate Trump; Fed court allows TX to reject mail-in ballots...
Good News, Bad News! It's 'The Caveat Show!': 'BradCast' 10/20/20
All sorts of reasons for Dems to feel good about Biden and re-taking the Senate...And plenty of reasons to remain concerned about both...
'Green News Report' 10/20/20
Massive CO wildfires; Trump flip-flops on disaster aid to CA; Wind, solar energy now the cheapest energy in the world; PLUS: Biden talks clean energy at ABC Town Hall...
Voting is Not Enough: How YOU Can Help Oversee and Protect Our Elections!: 'BradCast' 10/19/20
Guest: Emily Levy of Scrutineers.org; Also: Bad news for MI voters; FL voting website fails...
Sunday 'A Bigger Boat' Toons
Just when you thought it was safe to go back into the voting booth...PDiddie offers his latest collection of the week's best toons...
2020's Federal Court Voting Rights Roller Coaster: 'BradCast' 10/16/20
Guest: Election law Prof. Joshua A. Douglas; Also: Trump's CA wildfire disaster relief roller coaster...
'Deranged Power Grab': Barrett SCOTUS Hearings Conclude: 'BradCast' 10/15/20
Guest: Slate's Mark Joseph Stern; Also: E-Pollbook systems fail in GA; FBI reports 'unauthorized access to elections systems'...
'Green News Report' 10/15/20
Barrett sounds like climate denier at Senate hearings; Sen. Whitehouse on dark-money polluter capture of judiciary; PLUS: Sept. 2020 hottest ever...
'Hypocrisy in Daylight? Look for Power in the Shadows': 'BradCast' 10/14/20
Guest: Lisa Graves on Sen. Whitehouse's revelations of GOP's $250M SCOTUS-packing coup; Also: Good voting news in VA, TX, AK!...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Attorney Ron Fein of Free Speech for People; Also: Biden's plan for SCOTUS expansion; Graham breaks rules to approve Barrett w/out Dems; SCOTUS blocks AL curbside voting; Admin claims Iran (not Russia, not Proud Boys) behind email threats to Dem voters...
By Brad Friedman on 10/22/2020 5:17pm PT  

Last week, Trump's new "sham" nominee to the U.S. Supreme Court appeared to not know if voter intimidation was even a violation of federal law. This week, as we report on today's BradCast, Trump and his henchmen find themselves facing a federal lawsuit over exactly that. [Audio link to show follows below.]

Among the many stories covered on today's show...

  • First up, Joe Biden has finally stated his position on expanding the U.S. Supreme Court. That position? A bi-partisan commission to study reforms for the federal court system, to offer recommendations after six months...if Biden wins the White House and Dems take the Senate. We discuss what is probably a pretty smart political position for the former VP to take right now, considering that corporate media can't stop using the words "court packing" to describe long-overdue reforms after years of actual court packing by the GOP.
  • Speaking of which, the Senate Judiciary Committee on Thursday, led by South Carolina's increasingly vulnerable Sen. Lindsey Graham, broke their own rules today to ram through the nomination of Amy Coney Barrett without a single Democrat present, after Dems refused to allow a quorum for today's vote. If she is confirmed by the full Senate on Monday, as Republicans currently plan, it will be one of the shortest confirmation processes and the closest to a Presidential Election Day for the seating of a Supreme Court Justice in the nation's history. That, after just 4 years ago Republicans blocked a Democratic SCOTUS nominee entirely for a full year, while vowing that a new Justice should never be seated during a Presidential election year. Republicans also changed the rules in the middle of that game as well, when they killed the filibuster for SCOTUS nominees after failing to get enough votes to pack Neil Gorsuch, Trump's first nominee, onto the Court. Over the past five years, Republicans have succeeded at completely delegitimizing the U.S. Supreme Court.
  • The GOP's already-stolen Supreme Court on Wednesday sided with Alabama's dishonest, lying, somewhat deranged, unlawfully Twitter-blocking, Republican Sec. of State John Merrill to nix curbside voting in counties that wished to use it to help keep disabled voters safe during the COVID crisis, as recommended by the CDC and approved the U.S. Dept. of Justice as a way to prevent violations of the Americans with Disabilities Act (ADA). All three remaining Democratic appointees on the Court dissented, siding with the U.S. District Court and federal appeals court which, after a three day trial, found the now-scrapped accommodation to be a "modest" and "reasonable" way to avoid a potentially fatal illness for some voters.
  • In recent days, Democratic voters in Florida and several other battleground states have been receiving threatening warnings via email, instructing them to "Vote for Trump or else!" The body of the emails, which appear to come from a Trump-supporting extremist group, cite the recipient's name and addresses and promise to "come after you" if they do not change their party affiliation to Republican and vote as instructed. Incredibly, and with zero supporting evidence, Trump's "partisan hack" Director of National Intelligence John Ratclifffe hastily convened an absurd press conference on Wednesday night to declare that Iran was actually behind the threatening emails to Democrats. He claimed they were designed to "damage President Trump". He also muttered something about Russia. But, again, no actual specifics and no actual supporting evidence for his claim that both countries accessed voter registrations systems to obtain the data (most of which is publicly available without actually hacking into election-related systems). Suffice to say, I believe absolutely nothing from this Administration at this point, about any of it, and, short of independently verifiable information, neither should you.
  • Then, we are joined by the Legal Director at Free Speech for People, RON FEIN, to explain the federal lawsuit his non-partisan good government organization filed on Wednesday on behalf of the Latino civic engagement group Mi Familia Vota Education Fund and several voters, charging that Donald Trump, Attorney General Bill Barr and Acting Sec. of Homeland Security Chad Wolf are violating federal laws against voter intimidation.

    The complaint [PDF] and accompanying request for a preliminary injunction, as Fein details, alleges defendants have exhibited a pattern of intimidation against voters that violates the Voting Rights Act of 1965, the Ku Klux Klan Act of 1871, and the First, Fifth, and Fourteenth Amendments to the U.S. Constitution.

    As FSFP explains in their announcement of the suit, the complaint is "based on the defendants’ violent suppression of public protests opposing police brutality, the encouragement of white supremacist 'vigilantes,' threats to send 'sheriffs' and other law enforcement to the polls, the undermining of mail-in voting, and the rejection of the peaceful transfer of power, which, the complaint alleges, constitute illegal voter intimidation."

    Fein offers more details on what he describes as a "threatening pattern of conduct stretching over the past few months," that has resulted in the suit. "People understand what it means when the President talks about sending law enforcement...When he tells the Proud Boys to 'stand by,' people understand what that means...This is not one piece of conduct, one isolated statement. This is a months-long pattern that the President and his top officials have been involved in, that has the purpose and effect --- hopefully not successfully --- but it certainly has that effect, of intimidating people from voting either in person or by mail."

    Explaining the relief sought by the complaint, he tells me: "First of all, we want relief prohibiting the defendants from deploying armed federal agents at or near polling places; from ordering federal agents to block the delivery of ballots or interfere in the counting of ballots; from taking any actions that could limit with the speed or reliability of mail delivery. And specifically to Trump, prohibiting him from encouraging his supporters to bring weapons to polling places, block access to polling places, to question voters, or from using official government public communications channels --- which now includes his Twitter account --- to suggest that lawful votes will be scrutinized or challenged."

    He also discusses a somewhat related federal case also filed this week by FSFP on behalf of the Minnesota chapters of the Council on American-Islamic Relations and League of Women Voters against a private mercenary contractor who has posted job listings, reported recently by the Washington Post, seeking to hire and deploy armed former special ops troops to patrol polling sites in the state.

  • Finally, Desi Doyen joins us for our latest Green News Report, with news on yet another record hurricane in an already-record season; the death of half of Australia's Great Barrier Reef and the return of the Hummer, this time as an all-electric "supertruck"...

Download MP3 or listen to complete show online below...

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Guest: Plaintiff Marilyn Marks on election havoc in the Peach State, and lack of national media coverage; Also: Trump loses, voters win in court absentee ballot rulings in WI, IN, MT, AL, and maybe NC...
By Brad Friedman on 10/1/2020 6:33pm PT  

On today's BradCast: We've got good news for voters from a bunch of courts today --- including in both battleground and "red" states --- when it comes to the absentee mail-in voting that Donald Trump and the Republican Party are working so hard to block. But we've also got some very disturbing news out of the state of Georgia in a story that nobody other than us seems to be covering for reasons we can't quite explain. Especially since it now involves installing all brand-new, untested, and uncertified software --- at the very last minute, just days before Early Voting is to start --- on every touchscreen voting system used across the state. [Audio link to full show follows below summary]

But first, the good court rulings coming out of several states so far this week...

  • A federal appeals court has upheld a lower court judge's six-day extension beyond Election Day for the receipt of incoming absentee ballots postmarked by November 3rd in the critical battleground state of WISCONSIN. The unanimous ruling comes from a panel of three Republican-appointed judges, including one nominated by Trump, in a state which he is said to have barely flipped to "red" in 2016, for the first time in decades, by just over 20,000 votes out of millions cast. Republicans could appeal to the GOP's stolen U.S. Supreme Court. That's just one of the reasons they are trying to pack the Court with Trump's nominee, Amy Coney Barrett, in record time before the election;
  • Similarly good news out of Mike Pence's home state of INDIANA, where a federal judge rejected a deadline of noon of Election Day for absentee ballots to be received. The ruling will allow ballots postmarked by November 3rd to be counted if they arrive by November 13. The judge says the extra days do not benefit any particular party or candidate and "should in fact help assuage" concerns about the legitimacy of election results in the Hoosier State;
  • In the state of MONTANA, a federal judge blocked an effort by the Trump Campaign and other GOP groups to prevent counties from automatically sending absentee ballots to all active registered voters as they did during this year's June primary elections. That, after the plaintiffs were unable to "point to a single instance of voter fraud in Montana in any election during the last 20 years," according to the judge who described concerns about widespread fraud as "a fiction". While the state went to Trump by some 20 points in 2016, its Democratic Governor Steve Bullock won re-election on the same statewide ballot that year, and is now running for the U.S. Senate to unseat incumbent Republican Steve Daines;
  • In ALABAMA, a federal judge ruled that the state may not block counties from offering curbside voting and that witness signature requirements and Photo ID requirements for absentee voters during the COVID-19 pandemic are unconstitutional for certain voters. Their Republican wingnut Sec. of State John Merrill says he will appeal all the way to the stolen Supreme Court if necessary;
  • And in the closely divided battleground of NORTH CAROLINA, a proposed settlement between the state and plaintiffs will allow for absentee ballots to be "cured" by voters if they lack proper signatures; voters will be able to use secured drop-boxes for mail-in votes; and for ballots postmarked by Election Day may be received until November 12. But this week, a letter has been sent by the Trump Campaign to Republican officials on County Boards of Elections instructing them to ignore guidance from the State Board of Elections! The NC SBE has had to send a letter in response to those same officials, warning them that they are required to follow state guidance and that guidance from "a political party or other source should not be considered or followed." The extraordinary situation has led one international expert on election security from Duke University to (accurately) opine: "It comes down to the fact that this President is not actually trying to win this election – this President is trying to not have to concede this election. That’s what going on." That expert is right on the money.

Then, to the extraordinarily disturbing story out of GEORGIA, which our guest today, MARILYN MARKS of the Coalition of Good Governance, describes as "scandalous". As we reported during Monday's show, last Friday, the Secretary of State's office quietly sent a notice to elections officials in all 159 counties telling them to immediately stop their pre-election "Logic and Accuracy" testing of the new, unverifiable touchscreen voting systems that all voters are currently forced to use at the polling place. The reason, as the office explained, was due to "an error in the November database which will require every county to get a new database for the November 3, 2020 election."

That startling news late on Friday night resulted in an emergency filing by the Coalition with U.S. District Judge Amy Totenberg, who has been overseeing their long-running lawsuit to block the use of unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots at the polls. On Monday, Totenberg called an emergency hearing for all parties to the suit, during which the Secretary of State's office and the state's new private vote system vendor and ballot programmer, Dominion Voting, claimed that new databases (which contain the programming for all contests in each county) were not actually needed to correct an error that prevented some U.S. Senate candidates from appearing on the touchscreen in certain cases. In fact, what they planned to do instead was to change the code used on the voting machine software itself, and install new software onto all 34,000 touchscreens in the state. All of this, just days before Early Voting is to begin, and now just over one month before Election Day.

As Marks notes, the new software to be installed on every voting machine in Georgia has not been certified for use --- or even tested --- by the U.S. Elections Assistance Commission (EAC) as required by state law. But this story is even more scandalous in several ways that we discuss on today's program, after another emergency hearing was called by the judge today, following another emergency filing from the Coalition on Wednesday night regarding an apparent change of plans by the Secretary of State.

"It's outrageous. They're wiping all of the software," Marks tells me, and installing "new software that's just been written, has not been tested, and has not been certified by the Elections Assistance Commission. As far as we know, it has not even been submitted for approval. This is federal certification, and Georgia, like most states, is not supposed to be using systems not certified by the federal government."

"They've written this over a weekend, and have not thoroughly tested it. There's been no user testing. The number of things that can go wrong will take up more time than your show permits," she says. "They might as well have gone out and said, 'we're going to buy the Lucy and Ethel software, and put it in.'"

While that is troubling enough, Marks also notes that the programming is not even being done by public state officials, but by private contractors at the Canadian-based firm from whom GA purchased the systems for more than $100 million for first time use this year. "This election has been completely outsourced to Dominion Voting Systems. They are a third party profit-making corporation and, essentially, Georgia has just said, 'Take it and do with it as you will, Dominion!'"

Marks says it is all "outrageous and preposterous," telling me, "Like you, I am shocked that the national media has not picked up on this more, because we're talking about the votes of 7 million voters here."

"I thought that I was beyond having anything that could shock me anymore," she continues. "But I have to say, my jaw is still on the floor from this week. And the fact that the media is not covering it, I don't understand. I can only surmise that they are still in disbelief. Maybe the facts just aren't fully out yet. That's the only thing I can come up with. This is scandalous. "

Please tune in for the full story --- there is much more to it. But, suffice to say for now, it IS a scandal that WE have been covering this story and this lawsuit for at least three years, while the mainstream corporate media seems to be ignoring it almost entirely, even with the possibility that the Peach State could flip from red to blue this year in the Presidential race for the first time in decades, and that there is not one, but two U.S. Senate seats on the ballot there this November, both of which are currently held by Republicans and believed to be endangered by Democratic challengers.

Finally, we close today with our latest Green News Report, with special coverage of the surprise --- and surprisingly substantive --- discussion of climate change in this week's otherwise off-the-rails Presidential Debate in Cleveland, OH...

Download MP3 or listen to complete show online below...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/17/2020 11:27am PT  

IN TODAY'S RADIO REPORT: Hurricane Sally batters AL, FL, GA with record rain, flooding; West Coast wildfires and climate change believed responsible for mass die-off of migratory birds in Southwest; Trump appoints notorious climate science denier to federal climate science agency; PLUS: 175-year-old science magazine issues first political endorsement ever... All that and more in today's Green News Report!

PLEASE CLICK HERE TO HELP US WITH A (MUCH-NEEDED) DONATION to celebrate 1000+ episodes of independent, listener-supported climate, energy and environmental news! Thank you!

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IN 'GREEN NEWS EXTRA' (see links below): Dual disasters: How is climate change worsening wildfires and hurricanes?; Climate Change Will Force a New American Migration; There is only one name left on the 2020 Atlantic hurricane list. So what's next?; Fives States Have Filed Climate Change Lawsuits, Seeking Damages From Big Oil and Gas... PLUS: Senate 2020: In Alabama, Two Very Different Views on Climate Change Give Voters a Clear Choice... and much, MUCH more! ...

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Guest: Marilyn Marks of plaintiff Coalition for Good Governance; Also: Hurricane Sally drenches AL, FL; Results from 2020's final primary in DE...
By Brad Friedman on 9/16/2020 7:06pm PT  

On today's BradCast: Last year, a federal judge in Georgia banned the state's 20-year old, unverifiable touchscreen voting systems, finding them to be "unsecure, unreliable and grossly outdated" and, thus, effectively unconstitutional for use in federal elections. This week, that same federal judge held a hearing to determine whether the new unverifiable touchscreen voting systems Georgia has chosen to use this year for the first time are any better, or whether the Peach State should have listened to the cybersecurity and voting systems experts who strongly urged the state to move, instead, to a verifiable hand-marked paper ballot system. [Audio link to show follows below.]

But first today, Hurricane Sally slammed ashore near the Alabama / Florida border this morning. As predicted, the very slow moving storm is packing a punch, with rainfall "measured in feet, not inches swamping homes and forcing the rescue of hundreds of people as it pushed inland." Desi Doyen joins us for the latest on that slow moving disaster as water is quickly rising, rescues continue, the storm moves into Georgia, and as more hurricanes are already lining up behind it in an already record breaking Atlantic hurricane season (which still continues until late November!)

Even as that climate change-intensified disaster unfolds on the heels of Hurricane Laura just three weeks ago (with thousands still without power and in shelters in Louisiana), along with the record deadly climate-fueled wildfires out west, Donald Trump has chosen --- amid all of this --- a notorious climate science denier for a top position on "environmental observation and prediction" at the National Oceanic and Atmospheric Administration (NOAA).

If those stories don't underscore the existential importance of this year's elections, we don't know what would.

On that score, the final state Primary Elections of the 2020 season were held on Tuesday in Joe Biden's adopted home state of Delaware, with most ballots cast by mail, and with both masks and social distancing in place at the polls. Happily, there have been no reported voting problems to come to my attention yet and, as expected, there were few surprises in the reported computer-tallied results. Some of them, however, are either eyebrow raising, historic, or just plain fun. Among those categories is the QAnon conspiracist who is now the Republican nominee for the U.S. Senate in the state; the first openly transgender person to (almost certainly) win a seat in a state Senate; and the 12-year, Democratic state legislator who opposed same-sex marriage being beaten soundly on Tuesday --- in a landslide --- by a local, gay, progressive drag queen!

And with the primaries finally (and thankfully!) out of the way, we move straight to the general elections and back to Georgia, which Democrats hope to flip from red to blue in the Presidential election this year for the first time in decades. But it's also a state where not one, but two vulnerable Republican U.S. Senators are facing tough re-election challenges from Democrats.

There is a lot riding politically on the state of Georgia this year, which makes this week's much-anticipated three-day virtual hearing in an Atlanta federal court all the more critical. When the second day of the three-day hearing which wrapped up this week, regarding the security of the state's vulnerable new computer voting, pollbook and tabulation systems was interrupted --- "Zoom bombed" --- with photos of the 9/11 attacks, swastikas and pornography posted by a user calling him or herself "Osama", it would have been impossible for U.S. District Court Judge Amy Totenberg to miss the irony.

"It was a very sobering reminder of just how vulnerable electronics are, and just how targeted the United States and our elections are right now," says MARILYN MARKS, our guest today. She is Executive Director of the non-partisan Coalition for Good Governance, a lead plaintiff in the long-running case. She says it served as a reminder of the need to "get hand-marked paper ballots that are verifiable and auditable."

The Coalition is suing for a ruling that would find Georgia's new, unverifiable, $100+ million touchscreen voting system made by the Canadian firm Dominion Voting Systems to be an unconstitutional burden on the right to vote. That would be a similar finding to the one Totenberg issued last year, effectively banning and decertifying the state's 20-year use of its previous insecure, unverifiable touchscreen voting systems made by Diebold.

In addition to hoping to see those systems replaced with verifiable hand-marked paper ballots, the Coalition is asking the judge to order backup paper pollbooks at every polling place, after the new electronic pollbook systems failed during the state's June primary elections, leading to hours-long lines, largely in minority voting districts. The plaintiffs are also calling for oversight of the state's optical-scan tabulation systems which failed to tally thousands of votes on absentee ballots during the state's recent primaries. (We interviewed Jeanne DuFort, who discovered that problem, and is also a plaintiff in this case on several recent programs.)

Marks shares her observations from this week's hearings, including on the testimony and cross-examination of the Coalition's cybersecurity and voting systems expert witnesses (many of whom have also appeared multiple times on this show, including Univ. of Michigan's Alex Halderman, UC-Berkley's Philip Stark, expert data researcher Kevin Skoglund and legendary Finnish cybersecurity expert Harri Hursti). Similarly, Marks offers her thoughts on the state's, um, less-than-expert witnesses and responds to a number of allegations made by the attorney representing Georgia and its Republican Sec. of State Brad Raffensperger, who selected this new, "Rube Goldberg" computerized voting system despite the urging of experts and voters alike.

Among the stunning points noted by Marks was the testimony from the man who led the certification testing of this system for the U.S. Election Assistance Commission (EAC). Marks reports the witness seemed "quite confused about the technology" and "admitted to having no real security background and not really any long-term established security people on his team." She says his testimony "made it clear that security is really not a top priority for the certification of voting systems" at the federal level, adding, "It was really kind of unbelievable."

While transcripts may be available from the hearing soon (we'll update with a link to them here when they are), Marks noted some portions will be redacted, since the state argued privately in front of the judge on certain issues that even the plaintiffs were not allowed to witness. (Though I wonder whether "Osama" did?)

"The public learned a lot from these expert witnesses about just how seriously vulnerable the Georgia election system is," she tells me. "The expert witnesses gave extremely compelling testimony during the direct examination by our attorneys. But when the state's attorneys got them up on the stand for cross-examination, they were equally strong. Quite frankly, the state was really not able to get in any type of evidence --- because there is none --- that would help get anyone comfortable with their equipment."

When it came to the witnesses from the state and the voting system vendors, she says, her attorneys explained to the court that those "experts have not been able to tell the court just the basic fundamental operational and security details --- the plaintiffs have been the ones who bring all the information. The state basically had no one with any independence. Every expert witness they had had a financial interest in ballot-marking devices. Two of the expert witnesses are [voting system] vendors, three of the expert witnesses are vendors of ballot-marking device suppliers. So they were hardly considered independent, at least by the laymen who were watching."

While Marks says she does not know when Totenberg will issue her ruling, it is likely to be soon. Reports from the virtual courtroom via AP suggest Judge Totenberg appeared concerned by points made by the plaintiffs and may be forced to implement changes --- if she determines there is time to do so with Early Voting beginning in just four weeks in the Peach State. Marks believes there is plenty of time to make the state's elections more secure and overseeable, though the state begs to differ. Soon we'll learn how the Judge feels.

During closing arguments, according to AP's coverage, Robert McGuire, an attorney for the Coalition and individual voter plaintiffs, "recalled Totenberg's prior admonitions to the state" by noting that "Totenberg previously told the state that a new voting system should address the need for 'transparent, fair, accurate, and verifiable election processes that guarantee each citizen's fundamental right to cast an accountable vote.'" But the state's new computerized Ballot Marking Device system "satisfies none of these requirements," McGuire said...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Isaias lands; Trump goes to 11; McSally and Graham in trouble; MORE...
By Brad Friedman on 8/4/2020 6:49pm PT  

Yes, we've got a little something for everyone today on The BradCast. We even crank things up to 11 at one point. [Audio link to show follows below.]

Among the stories covered on today's program (as voters headed to the "polls" on Tuesday in Arizona, Kansas, Michigan, Missouri and Washington state --- available unofficial results on tomorrow's program!)...

DEATH & DESTRUCTION

  • The latest on the record-breaking Hurricane/Tropical Storm Isaias. It slammed ashore in the southern part of North Carolina as a Cat 1 on Monday night and has been ripping straight up the East Coast ever since, drenching state after state as well as knocking out power for millions and spawning punishing tornadoes in several states along the Eastern Seaboard on its way toward New England;
  • On Monday night, Donald Trump signed an Executive Memo to slash federal funding for the National Guard's response to the crisis. The Guard has been operating testing sites, distributing food and medical supplies and helping to expand hospitals across the country, but will now receive 25% less federal funding under Trump's new order in most states. In some states, however, such as Texas and Florida (key to Trump's reelection hopes) the deployed troops will still enjoy full federal through the end of the year;
  • A stunning interview with the President by Jonathan Swan of Axios on HBO --- that many are comparing to the satirical VEEP today or even the classic mockumentary This is Spinal Tap --- aired last night. We share one of the gobsmacking portions of the interview featuring Trump's embarrassing, grade school-like excuses regarding the continuing national rise in COVID-19 deaths. And then the short, classic scene from Spinal Tap that so many are aptly comparing it to today;
  • As the virus moves from major urban hot-spots into more rural (and less medically well-equipped) areas of the nation, The Prospect's David Dayen reminds us in his latest column that consolidation of hospital networks over the past decade has resulted in the closure of hospitals in many of those same, rural, under-served areas. 120 "unprofitable" hospitals in low-income communities have been shuttered since 2010, a crushing moral failure in the current American healthcare system that began long before Donald Trump came along to break it even more...along with everything else.

HOPE & CHANGE!

  • Sen. Martha McSally remains on track to be the first Republican to lose not one but two U.S. Senate seats to Democrats in Arizona. New polling shows her trailing substantially behind presumptive Democratic nominee Mark Kelly this November, even as state Republicans appear set on Tuesday to nominate the woman appointed to fill the seat of the late John McCain in 2019 instead of her GOP primary rival who polls better against Kelly. But Kelly's lead over McSally is tightening according to some recent surveys;
  • Senator Mitch McConnell in Kentucky and Tommy Tuberville in Alabama, according to new polling, both now enjoy double-digit leads against their Democratic opponents this November. That would be Amy McGrath in KY and Sen. Doug Jones in AL. But with McConnell's national approval ratings slipping as he fails to coalesce his GOP caucus in Congress around another round of desperately needed coronavirus emergency relief, anything could still happen;
  • And, speaking of how anything could happen, one of Trump's top acolytes in the U.S. Senate, Lindsey Graham, is now statistically tied with his Democratic challenger Jaime Harrison in South Carolina. Yes, in South Carolina! The incumbent Graham currently holds just a 1-point lead over Harrison in a new Morning Consult poll released on Tuesday. That is well within the poll's 4-point margin of error. Other recent polls give Graham a wider lead over Harrison, though not an insurmountable one, as the once long-shot Democratic challenger continues to out-raise Trump's toady in the Palmetto State.

DEATH & DESTRUCTION + HOPE & CHANGE!

  • Finally, Desi Doyen joins us for our latest Green News Report, with more on the record-breaking Hurricane Isaias; Disturbing news about storm impacts now moving further inland as the climate changes; and 15 states are now giving Donald Trump a sad by mandating a move to all-electric trucks and buses...

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Guest: Longtime Koch researcher Lisa Graves; Also: Biden, Obama, Gates Twitter accounts hacked, but Nov. voting should be fine; KS Repub Congressman indicted on four voter fraud counts! Trump should be next...
By Brad Friedman on 7/15/2020 7:27pm PT  

On today's BradCast: New insight on the nearly 50-year long effort to abolish and/or privatize one of the nation's most-beloved, 250-year old institutions. Just another disaster waiting to happen under the Presidency of Donald J. Trump. [Audio link to full show is posted below this summary.]

First, however, today's show is once again shaken up by breaking news. But some of it, at least regarding Justice Ruth Bader Ginsberg --- who has now been released from the hospital and said to be "doing well" --- is good news. The hack of top Twitter accounts today, including Joe Biden's, Barack Obama's, Bill Gates', Elon Musk's and many others, is not such good news. If a multi-billion dollar company like Twitter can't protect its own servers from hackers, how do you suspect local election officials will be doing this November when it comes to protecting complicated computerized voting, tabulation and registration systems?

Speaking of elections, first-term Republican U.S. Congressman Steve Watkins of Kansas was charged on Tuesday night with three felonies charges and a misdemeanor related to voter fraud after he registered to vote (and then did so) using an address at a Topeka UPS store, where he obviously does not actually live.

Donald Trump committed nearly identical voter fraud crimes. Last year, he also specified an address where he does not live --- a commercial business in Florida (Mar-a-Lago) --- as his "legal address" for voting purposes on his voter registration application [PDF] in the Sunshine State, and unlawfully voted via absentee ballot there this year. Rep. Watkins may go to jail for the same crimes that Trump committed. Will Trump be charged with felonies as well?

And, speaking of voting by mail (lawfully or otherwise), that may also be threatened this year, even as states are expanding access to mail-in voting due to the coronavirus pandemic. A new, Trump-appointed (and wholly unqualified) Postmaster General has just been seated and, this week, sent a series of disturbing memos to all Postal Workers directing them, essentially, to slow down mail delivery and stop all overtime work, even with package delivery (often of much-needed medication and other quarantine-necessary supplies) rapidly increasing during the COVID crisis.

Louis DeJoy, a Trump donor and our new Postmaster General, has postal workers, including hundreds of thousands of union workers, up in arms about the new mandated slowdowns that will accomplish little more than giving a competitive boost to FedEx and UPS, two of the USPS' top private competitors. That, as it turns out, is likely the whole point, according to our guest today, LISA GRAVES of True North Research. Last week, Graves published an 18-page brief [PDF] at In The Public Interest on the billionaire who has been behind what is now a nearly 50-year effort to privatize the Postal Service.

That billionaire is none other than Charles Koch who has spent decades recruiting a rogues gallery of hard-right "libertarians" and Republicans, beginning in the 1970s, up through the Reagan and Bush Administrations, and now into the Trump Administration, to undermine the USPS despite its mandates specified by the U.S. Constitution and the fact that it is among the most popular and important institutions in the nation.

"Charles Koch has mapped out a very dystopian view of America, and has tried to push it into reality," Graves says, and he and his cronies have been successful. "They oppose having public transportation. They have oppose Amtrak, and any kind of public train system. They want public airports to be sold to the highest bidder and operated by the private sector. It's just one thing after another, including public parks! National parks, local parks, public parks --- these are all anathema to these very fringey rightwing libertarians who have been fueled and funded and stoked by Charles Koch and his billions from Koch Industries."

Graves, a former Deputy Asst. Attorney General at the U.S. Dept. of Justice, has been researching and documenting the billionaire Koch's rightwing ideological agenda for years, as he and his late brother David, have worked to undermine and/or buy our democracy and most important public institutions. Her new exposé on Koch and cronies' decades-long effort to kill and/or privatize the USPS is another critical chapter of that important work, and one that highlights, as she describes it today, a perfect "marriage between [his] ideological agenda and greed".

With the USPS now on the brink of insolvency, thanks to the COVID crisis --- and, even more, the 2006 Postal Accountability and Enhancement Act (PAEA), championed at the time by Koch-backed Sen. Susan Collins (R-ME), which handcuffed the independent federal agency --- things could get much worse for the Service very quickly.

Describing Louis DeJoy, Graves tells me today, "It's irresponsible and reckless for them to have put this partisan hack, this Republican fundraiser, at the helm of the Postal Service at the time that it's facing such a great need to have a leader who is committed to it as a truly public institution, versus someone who is behaving in this predatory way to try to basically ruin the Postal Service and push it toward the idea that it should be a for-profit company. It's in the worst possible hands at the worst possible time." But, of course, that is largely the point.

"If it's destabilized right before the election, that sort of destabilization could not happen at a worse time. But it would be convenient for a Trump ally to destabilize it, since Trump is trying to attack the very idea of Vote-by-Mail," Graves warns, along with much more in a must-listen conversation today.

Finally, a few quick words on Tuesday's primary election and runoff results in Alabama, Texas and Maine where, by the way, Sen. Susan Collins will be facing her most difficult re-election bid ever this November against Democrat Sara Gideon, who appears to have sealed up the Democratic nomination to run against Collins in Maine on Tuesday...

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Guest: Mark Joseph Stern on new Court opinions on 'faithless electors', Obamacare and the GOP's ongoing (and now deadly) war on voting...
By Brad Friedman on 7/7/2020 6:52pm PT  

We've got a bit of a roller coaster today between good news and terrible news on today's BradCast. But that's life in the times of Trump and the coronavirus, I guess. [Audio link to full show is posted below.]

First up today, the COVID-19 crisis continues to gravely worsen in the U.S., with new record infections and hospitalizations now pretty much every day for the past month. Despite the increasingly desperate concerns expressed by health experts, especially for hotspots where Governors reopened states far too early, some Republicans from the President of the United States on down are calling for measures that will only increase infection rates, hospitalizations and, yes, death.

Florida's Education Commissioner Richard Corcoran on Monday, for example, declared that all public schools must reopen next month to all students for in-person classes five days a week. His emergency order notes that reopening schools is critical to "a return to Florida hitting its full economic stride". That, despite more than 200,000 confirmed cases and new record daily infection rates each day for weeks now in the Sunshine State.

At the same time, in Washington D.C. on Tuesday, Donald Trump held a White House event to demand the reopening of schools and to praise Florida's Governor Ron DeSantis for a "terrific job" in ordering them to open. Trump claimed that schools have been closed elsewhere for "political reasons" and added that "we are very much going to put pressure on Governors and everybody else to open the schools." This is now a death march being led by the President of the United States.

But if Republican politicians are fine sending children and their teachers and their families to their potential deaths, how do you think federal judges appointed by Trump or sympathetic to his political cause are going to react to measures being taken to try and make voting safer for Americans on November 3rd? We're joined again today by Slate's ace legal reporter MARK JOSEPH STERN to discuss Monday's opinions released by the U.S. Supreme Court, as well as a disturbing pattern of rulings at both SCOTUS and on the appellate level over the past two weeks that bodes darkly for this year's crucial Presidential election.

First, Monday's new opinions: The Court decided unanimously that states may prevent so-called "faithless electors" from casting their vote in the Electoral College for someone other than the Presidential candidate chosen by the state's popular vote. The issue stemmed from two combined cases of "faithless electors" in 2016, one of which was brought by plaintiff Michael Baca against Colorado. Baca appeared on The BradCast in December of 2016 to explain the reasons for his planned "faithless" vote in the Electoral College that year, before he was later prevented by the state from casting it.

While that opinion, written by Justice Elana Kagan received most of the media attention on Monday, another opinion handed down by the Court that day is likely of far greater import. The Court's 6 to 3 decision, with Justice Brett Kavanaugh writing for the majority in a case concerning robocalls made to cell phones, actually reveals some very encouraging news regarding a challenge to the Affordable Care Act (ACA or Obamacare) that will be heard next session by the Court. Kavanaugh's opinion, striking down one element of a robocall law as unconstitutional while upholding the rest of the law, suggests the challenge to Obamacare by GOP-controlled states and the White House --- seeking to strike down the entire health care law as unconstitutional based on the constitutionality of one single, now meaningless, provision --- is likely to fail.

As Kavanaugh crucially noted in his opinion, in words that will be remembered next year during the ACA case: "Constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute."

"It's important to note that seven justices agreed with [Kavanaugh] on that particular point," Stern tells me. "Only Thomas and Gorsuch disagreed."

And with that seemingly very good news out of the way, we turn to a flurry of recent decisions by both SCOTUS and a number of federal appeals courts that are extremely concerning and revealing as to how right-wing controlled federal courts will be dealing with voter suppression cases and measures intended to make voting easier during the pandemic this November. Recent court rulings in cases out of Florida, Wisconsin, Alabama and Texas, as Stern explains, are very troubling indeed and suggest we could be in for no small amount of chaos, disenfranchisement and, yes, deadly disease, in this year's critical general elections.

There are more opinions to come from the Court before they are finished for the summer. Quips Stern darkly today: "We've got a handful left, and we will see if the Supreme Court breaks our democracy before the end of the term."

Finally, we close with Desi Doyen and our latest Green News Report, with a bit more news out of SCOTUS and lower federal courts, including some surprisingly very good news on several controversial oil and gas pipelines!...

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Also: Trump's top General apologizes; Confederate monuments fall...
By Brad Friedman on 6/11/2020 7:04pm PT  

On today's BradCast: Sometimes it's good news when bad news arrives. At least when it's a breath of reality in the Trump Era. [Audio link to today''s show is posted below the summary.]

We've been trying on this program to make some sense in recent weeks of Wall Street's alternative reality, as seen over the past 12 weeks or so while millions of Americans have become unemployed as states ordered shutdowns and business closures while the coronavirus wreaked deadly havoc across the country. The economy has, understandably, tanked in the bargain. But the stock market's major indexes have nonetheless surged some 44.5% between late March and this week. American billionaires, as discussed in detail on a recent show, have seen their fortunes rise by some $565 billion between March 18 and the first week of June, even as the economy has largely ground to halt and entered its worst recession since the Great Depression.

The irrational exuberance of Wall Street has continued week after week, for each of the past twelve, while millions of American have newly filed unemployment claims in record numbers that simply blow away any other downturn in our nation's history beyond the Great Depression. Major companies like Hertz and J.C. Penney are declaring bankruptcy, and yet the marketeers in the Wall Street casino continue to bid up the companies share prices. On Wednesday, the NASDAQ hit its all time high. Not its highest level during the pandemic, but its ALL TIME highest trading price.

It's as if the market and the reality of the economy exist on two entirely different planets. But they don't. That was made clear again today as yet another 1.5 million new jobless claims were reported by the Bureau of Labor Statistics, leaving anywhere from 20 to 40 million Americans out of work and Congress' expansion of unemployment benefits set to expire at the end of next month.

And yet, as Donald Trump becomes increasingly concerned about his reelection chances, he and his supporters are citing the booming stock market as if it's the same thing as the economy. It decidedly isn't. That reality finally appears to have hit home on Thursday --- at least for now --- as the Dow plunged some 1,800 points along with the other major market indexes which plummeted as well. Traders seem to have finally noticed that the coronavirus can't simply be pretended away. It is not only NOT going away anytime soon, but infections and hospitalizations are currently surging to record highs in at least 21 states on the heels of many of those states --- talking to you Arizona and Texas, among others --- dangerously "reopening" far too early.

Some have (wrongly) dismissed the reported increases in the number of confirmed infections as an byproduct of increased testing. That is not true. The increases of note are in both the percentages of positive tests and in hospitalizations in many areas around the U.S. That disturbing surge comes largely before we begin to see whether the past two weeks or nationwide protests over the killing of George Floyd substantively adds to the totals, as some fear.

Ultimately, today's market crash can be seen as "good" news, in that perhaps reality is finally catching up with the markets whose inflated value has helped to prevent Donald Trump and his Republican sycophants in Congress from taking the necessary actions needed to prevent both the economy and the health of the American people from becoming decidedly worse. I've got a rant or two about all of this on today's show.

But there was more heavily-qualified "good" news on Thursday as Trump's Chairman of the Joints Chiefs of Staff, Army General Mark Milley, made clear in a video-taped statement, that it was a "mistake" for him to have joined Trump for his obnoxious photo-op last week at St. John's Episcopal Church across from the White House after Trump ordered peaceful protesters violently cleared out of Lafayette Square.

And, in further encouraging news, protesters around the country have begun to take matters into their own hands in removing offensive monuments to Confederate traitors who rebelled against the United States and killed hundreds of thousands in the bargain, in hopes of preserving slavery in "the land of the free". On Wednesday, a statue of Confederate President Jefferson Davis in Richmond, VA, the former capital of the Confederacy, was pulled down, as other such statues --- many of them erected decades after the Civil War during the Jim Crow era, as segregationist policies further institutionalized white supremacy in the U.S. --- were defaced, decapitated or destroyed as well. Yes, I've got a thought or two on all of that today as well.

Finally, Desi Doyen joins us for our latest Green News Report, in which major environmental groups are also taking action towards racial justice within their own organizations in the wake of nationwide protests, and as communities of color continue to be disproportionately harmed by pollution, climate change and other environmental issues. She also has a bit of good news regarding a newly coal-free Britain and some less good news on our latest new plague in the U.S. --- or, at least in Florida: giant toxic toads! Buckle up!

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 4/14/2020 11:02am PT  

IN TODAY'S RADIO REPORT: Deadly tornadoes hammer the South, complicating coronavirus emergency response; Farmers forced to dump fresh milk, destroy food crops, as coronavirus upends U.S. food system; Wildfires burn through radioactive forests near Chernobyl nuclear disaster; PLUS: Historic deal reached to cut global oil production... All that and more in today's Green News Report!

PLEASE CLICK HERE TO HELP US WITH A (MUCH-NEEDED) DONATION to celebrate 1000+ episodes of independent, listener-supported climate, energy and environmental news! Thank you!

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IN 'GREEN NEWS EXTRA' (see links below): One weird trick to achieve American 'energy dominance'; Thirst for oil vanishes, leaving industry in chaos; With boats stuck in harbor because of COVID-19, will fish stocks recover?; Methane levels reach all-time high; Olive oil industry under increasing threat from 'olive leprosy'; A decade after the Deepwater Horizon explosion, offshore drilling is still unsafe... PLUS: Decades of climate science denial has led to denial of the coronavirus pandemic... and much, MUCH more! ...

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On the COVID outbreak in our nation's prison system and on $2.2 trillion created out of nowhere for the emergency relief bill…
By Brad Friedman on 4/13/2020 5:14pm PT  

We're off today, but we've got a BradCast 'RECOUNTED' for your listening pleasure, with two excellent recent interviews you may have missed. [Audio link to show is posted below.]

  • Then, my conversation on 4/8/2020 with former Alabama Gov. DON SIEGELMAN on the quickly deteriorating conditions at the Federal Correctional Institution at Oakdale, LA, where he served 5 years on a trumped up charge before finally being released in 2017, and where a tragic outbreak of COVID-19 is now said to be the worst of all the facilities in our federal prison system.

We're back tomorrow!

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An exclusive conversation with AL's former Dem Governor and former federal (political) prisoner; Also: Sanders suspends Presidential run...
By Brad Friedman on 4/8/2020 6:54pm PT  

On today's BradCast: Sanders is out, and a former federal prisoner tries to sound the alarm about deplorable and deadly conditions in our nation's prison system as coronavirus turns jail sentences, even for non-violent offenders, into death sentences --- not to mention the dangers posed to prison workers and their families in the bargain. [Audio link to show is posted below.]

First up: And then there was one. Vermont Senator Bernie Sanders announced the suspension of his Presidential campaign on Wednesday, leaving Joe Biden the last man standing from about 25 or so Democratic men and women vying for the 2020 Democratic Presidential nomination. In a live-streamed announcement, Sanders said he was leaving the race, though staying on the ballot in the remaining primary states (if they are ever able to vote amid the coronavirus pandemic) in hopes of leveraging as many delegates as possible at the Democratic National Convention (if it is ever able to happen) to continuing moving his progressive agenda forward. We share an extended portion of Sanders statement today, in which he announces his support for Biden, if not yet an explicit endorsement.

Next: While most Americans continue to hunker down in their homes and maintain physical distancing while outside of the home as COVID-19 cases and deaths continue to rise, there are millions held in state and federal prisons (as well as immigration detention centers) who are unable to physically distance themselves from others. The result, not unexpectedly, is an explosion of infections and deaths for both prisoners and prison staff around the country, even as some states have released thousands of non-violent offenders to try and ease over-crowding that is exacerbating the problem and turning incarceration into a potential death sentence for many.

Former Alabama Governor DON SIEGELMAN contacted us last week in hopes of trying to get the word out about the problem, including at the Federal Correctional Institution in Oakdale, Louisiana, where the former Democratic Governor (and "political prisoner") served five years of time before his long-overdue release in 2017.

The minimum security facility at Oakdale has seen an explosion of COVID-19 cases and, according to suspiciously low numbers being reported by the U.S. Bureau of Prisons (BOP), currently has more reported cases (35) and deaths (5) than any other federal facility. (Curiously, on its website, the BOP is reporting just 253 federal inmates and 85 BOP staffers infected as of today at more than 40 federal facilities across the country. At the same time, as the NYTimes reported this afternoon, the Cook County jail in Chicago alone has at least 387 cases linked to that one county facility.)

Siegelman, who has been in touch with some of his former cellmates who are now pleading for help, details the conditions that prisoners at the Oakdale facility are forced to live under. "The conditions at Oakdale were bad before the virus started," he tells me. "If people can imagine living stacked, one on top of the other, basically a warehouse."

He details one of the areas he was housed in that inmates call "the submarine room" because bunks are stacked three high and it is like living in a submarine. The bunks, he says, are "so close together you can actually reach out and touch the other inmates if you wanted to. It was so crowded. There's no ventilation. The doors are shut, the windows are locked. There's nothing to protect an inmate from breathing what other inmates exhale." With inmates "in such close proximity, there is no way to protect themselves from someone who has the virus, who is a carrier. For the virus, it's going to be like shooting fish in a barrel."

Siegelman explains that he has been told the facility has not made adequate changes to deal with the outbreak, which is why the ACLU has filed a lawsuit in hopes of allowing many of the non-violent offenders to be released from the facility. While that has happened in a number of state prisons, the federal system is moving intolerably slowly in taking any action at all. In many cases, Siegelman says, prisoners are locked up during pre-trial, before they've been found guilty of anything. In others, they are forced to stay in these dangerous conditions longer than they might otherwise, since many probation and parole boards have been unable to meet due to the pandemic.

He is calling for non-violent offenders, particularly those late in their sentences, to be released immediately. "My question is, why are they there in the first place? If they pose no threat to public safety, if they're non-violent offenders, if they have only a few months remaining on their sentence, if they are at risk because of health reasons, why not let them out? They should have been out already."

The once very popular southern state Governor served from 1999 to 2003, after serving as Alabama's Sec. of State, Attorney General and Lt. Governor. He was charged with bribery-related offenses in which he never received a dime on charges that more than 100 former Democratic and Republican state Attorneys General described as something that was never considered to be a crime until Siegelman was charged with it. He was sentenced by a federal judge who was later arrested and removed from the bench after being found to have beaten his wife.

The evidence suggests, as we've covered his story over the years on air at The BRAD BLOG, that it was a political prosecution which included major prosecutorial misconduct during the George W. Bush era, when Siegelman's Republican rival, Gov. Bob Riley, worked closely with longtime Alabama GOP operative Karl Rove to take him down by any means necessary. That included an almost-certainly stolen election on a Diebold optical-scan tabulator on which results were flipped against him in the middle of the night. All of which Siegelman details in his upcoming book, Stealing Our Democracy: How the Political Assassination of a Governor Threatens Our Nation.

For now, however, Siegelman is fighting for criminal justice reform and imploring listeners to "call your mayors, your governor, and Members of Congress to keep the pressure on to get these people out of jail and out of prisons that pose no public safety risk. They need to say that inmates that are non-violent, that pose no public safety risk, need to be released --- or at least placed in another facility where they are separate from other inmates. .... We would hope that the President of the United States would get on board and take this a little more seriously. But don't hold your breath."

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Guests: Heather Digby Parton and Tom Sullivan of Digby's Hullabaloo...
By Brad Friedman on 2/5/2020 5:53pm PT  

It's special coverage of three different historic events --- all at once, somehow --- on today's BradCast. It wasn't easy, but it was a very lively show in dark times nonetheless! [Audio link to show is posted below.]

We're joined today by old friends who, unlike the corporate media pundits and professional political operatives and academic geniuses, have been right over and over and over, for years, about pretty much everything. For some reason today, that is very comforting. HEATHER DIGBY PARTON and TOM SULLIVAN, both of whom can be found each day writing at Digby's Hullabaloo, work through all of today's nightmares with us. Parton, an award-winning opinion journalist can also be found as a regular contributor to Salon. Sullivan, a North Carolina writer and resident is also a grassroots organizer in the state, whose "For the Win" training guide for countywide Get Out the Vote operations should be required reading for every so-called "professional" Democratic party strategist in the nation.

First up on today program, it's the ugly, bitter State of the Union address, filled with demostrable lies and cheap, offensive TV game show stunts, as delivered by Donald Trump on Tuesday night, and literally shredded thereafter by House Speaker Nancy Pelosi.

Next, it's the shameful historic acquittal by cowed Republicans in the U.S. Senate, just before airtime on Wednesday, of the proven-guilty President on both of his Articles of Impeachment, and some Senators from both side of the aisle who deserve notice for their votes.

Finally, it's the continuing fallout from the disastrous use of untested, secretly-developed, non-transparent technology --- despite warnings from experts (and, yes, us) --- in Iowa's Democratic Caucuses on Monday, where we still only have partial results reported by the Iowa Democratic Party as of today. We discuss that disaster and who may be the winners and losers from Monday's contest, along with all of the other disasters and what they should mean for the candidates, the 2020 nominating cycle and the critical, last chance general election now on America's horizon...

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Trump steals millions from hurricane ravaged bases; Creepy Fox 'News' zombie host; GOP scraps primaries for Trump; NC Special Elections threatened by Dorian; More House Repubs quit; And a musical happy ending...
By Brad Friedman on 9/6/2019 5:52pm PT  

We catch up on a whole bunch of stuff on today's BradCast, from Trump's ransacking of military hurricane recovery funds in order to pay for his border wall --- as Hurricane Dorian slams a military base in North Carolina that is still crippled from last year's Hurricane Florence --- to both the Horse Races and the Track Conditions for a bunch of upcoming elections between next week and next year. [Audio link to full show is posted at end of summary.]

Among the stories covered on today's show...

  • Dorian ravages parts of the East Coast as the death toll rises in The Bahamas, and the President of the United States continues to spend time on his twisted, bizarre lies about his erroneous claims that it was going to hit Alabama;
  • At the same time, while an actual national emergency plays out, Trump's Administration is stealing $3.6 billion under the phony pretense of a "national emergency" in order to build his wall on the southern border. Hundreds of millions are being stolen from construction projects meant to help rebuild military bases in Florida, North Carolina and Puerto Rico after devastation from previous hurricanes over the past two years. That, as Camp Lejeune in NC hunkers down as Dorian hits, with blue tarps still serving as roofs on hundreds of structures there after Hurricane Florence last year. Lejeune is just one of scores of bases that Trump is robbing to pay for his wall, and there are bases in many other states losing millions as well, including in six states with Republican Senators facing reelection next year after voting for Trump's fake "national emergency". They will have to explain to voters why millions of dollars will not be coming into their local economies as previously allocated by Congress;
  • But, while those Senators may have trouble in their reelection bids, Team Trump is working to smooth his path to the GOP nomination. Politico reports the likely cancellation of GOP Presidential primaries and caucuses in at least four states next year where Trump might have faced embarrassing loses to several Republican challengers;
  • One of Trump's primary challengers, former Illinois Tea Party Rep. Joe Walsh is none too happy about the GOP's attempt to rig the nominating contest next year for Trump by scrapping primaries and caucuses. Nonetheless, we congratulate the newly-reformed former Rep. both for his righteous efforts to call Trump out for the danger he poses to the nation, and for his somewhat chilling recent appearance on Fox Business Channel earlier this week with "Stepford" Stuart Varney, whose astonishing insistence that Trump has never lied to the American People is something that needs to be seen (or heard) to be believed;
  • Also, as Dorian strikes, voters in NC's 3rd and 9th Congressional districts are Early Voting in advance of next Tuesday's two U.S. House Special Elections there. Or, they are trying to, at least. We've got an update on poll closures due to the storm, extended hours set for this weekend, and some questions about whether either or both election may need to be postponed yet again because of the hurricane;
  • In California, a Democratic Congressman is facing an interesting challenge from a man with the exact same name...which leads us down a fascinating rabbit hole into instances when this has happened before (last year in another U.S. House race in Kansas, and way back in 2001, in fascinating local election in California);
  • Speaking of the U.S. House, GOP incumbents are racing for the exits, with yet another Texas Congressman announcing this week he will not seek re-election (the fifth to do so, so far, in the Lone Star State) and longtime Republican Rep. James Sensenbrenner announcing his retirement as well. We've got memories, fond and otherwise, to share on the retiring Wisconsin Congressman (the state's second to call it quits this cycle.) So far, 13 House GOPers have announced they are getting out while the getting's good;
  • And, speaking of quitting, former Starbucks CEO and billionaire Howard Schultz officially declares that he is nixing his plans to run for President as a "centrist" independent, which many Democrats feared might help pave the way for a Trump re-election in 2020;

Download MP3 or listen to complete show online below...

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Guest: Dr. William 'DocDawg' Busa on that and two U.S. House Special Elections in NC as Dorian closes in; Also: TX shooting highlights 'gun show loophole'; Trump creates fake map to mask his AL hurricane lie...
By Brad Friedman on 9/4/2019 5:59pm PT  

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;
  • 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...

Download MP3 or listen to complete show online below...

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Trump Twitter blocks blocked again; Perot dies; Steyer jumps in; Amash blasts Pelosi; Judge blocks DoJ Census lawyer swap; Dems subpoena Trump Org in Emoluments case, set vote for new subpoena 'blitz'...
By Brad Friedman on 7/9/2019 6:31pm PT  

It's still unclear what it will take for House Speaker Nancy Pelosi to allow her caucus to begin impeachment proceedings for the most impeachable President in history. But each day that goes by, each rule of law that Trump and his Administration undermine, each norm they violate, each tradition they shatter, each Constitutional clause they scoff at, seems to make her inaction more untenable by the day. But we press forward as the lawsuits pile up, subpoenas are defied, new ones are issued, and the American public wonders how we will ever find our way out of this mess. Those thoughts seem to underscore each of the many stories we cover on today's BradCast. [Audio link to show follows below.]

Among those many stories...

  • The U.S. 2nd Circuit Court of Appeals in New York on Tuesday unanimously confirmed a lower court ruling that Donald Trump violated the Constitution's First Amendment by blocking followers on Twitter with whom he disagreed, since he uses his personal account for governmental purposes. We wonder if Alabama's Republican Sec. of State John H. Merrill, who blocked me and election law experts like UC Irvine's Rick Hasen and University of KY's Joshua Douglas on Twitter long ago, is ready to rethink his position, or if we can expect more crazy responses from Merrill by email and phone like the last time we asked about this when the lower court first ruled in favor of plaintiffs;
  • Billionaire two-time, self-funding, third-party Presidential candidate Ross Perot, who first ran for President in 1992, has died at age 89;
  • Billionaire self-funding environmental and impeachment activist Tom Steyer of California declares his run for the 2020 Democratic Presidential nomination, after previously stating he wanted to focus on impeachment of Donald Trump instead. His announcement video released today describes the desperate need to get corporate money out of politics, but Steyer is also reportedly very unhappy with the speed with which Congressional Democrats are plodding toward impeachment of our scofflaw President;
  • Similarly unhappy with the lack of accountability being brought by Democrats is now-former Tea Party Republican Justin Amash, Congressman from Michigan who, last week, declared he was leaving the GOP. Over the weekend Amash blasted Democrats, specifically Nancy Pelosi, for failing to take appropriate action to begin impeaching Trump. Until leaving the party last week, Amash was the only Republican in Congress to call for impeachment proceedings and he remains one of the best advocates for same from either major party. During his interview with CNN's Jake Tapper, Amash also said that high level Republicans had privately thanked him for his outspoken stance against Trump and that he remains open to the possibility of running for President on the Libertarian Party ticket next year;
  • But if Democrats are still unwilling to play the type of hardball demanded by this moment in history, the Trump Administration isn't shying away from it. Following U.S. Supreme Court Chief Justice John Roberts' recent rejection of the Administration's "contrived" reason for adding a question about citizenship to the 2020 U.S. Census, the Dept. of Justice announced on Sunday that they would be replacing the entire legal team that had defended the Government in several different cases on the matter over the past year. Many of those career DoJ attorneys, it is speculated, refused to proceed after they already officially informed a federal judge that the Census was being printed, as of the July 1 deadline, without the question included. But that was before Trump tweeted that the official announcements from DoJ and the Census Bureau were "fake" and demanded that his Government find a way to include the question anyway. Former U.S. Attorney and Acting Solicitor General Neal Katyal says we've "never seen anything like this", describing the DoJ move to replace all of the attorneys en masse as "the canary in the coal mine". But today, mid-show, after the ACLU challenged the nearly unprecedented removal of the DoJ legal team, a federal judge ruled the Government may not remove them from the case --- at least until they offer the court an explanation for the unusual move;
  • And while it may not (yet) be impeachment, Congressional Democrats are moving ahead with their legal strategy to challenge the Administration in court. On Monday, they issued subpoenas to a number of Trump's businesses as part of discovery in a lawsuit alleging that Trump is in violation of the Constitution's Emoluments Clause, thanks to money received from foreign governments to his various businesses which he refused to divest from after being elected President. The DoJ, on Trump's behalf, is trying another extraordinary maneuver, in defiance of the lower court judge, by filing an appeal to block those subpoenas at the D.C. Circuit Court of Appeals before the case has even been resolved at the trial court level;
  • And in the House Judiciary Committee, Democrats announced plans this week to authorize new Congressional subpoenas for a bevy of current and former high profile former Trump officials, including former Attorney General Jeff Sessions; former National Security Advisor Michael Flynn; former White House Chief of Staff John Kelly; former Deputy AG Rod Rosenstein; Senior WH advisor and Trump son-in-law Jared Kushner; former Trump campaign manager Corey Lewandowski; and the head of the company which owned the National Inquirer, David Pecker. The subpoenas, to be formally voted on by the Committee on Thursday, are in response to Special Counsel Robert Mueller's report and hush-money payoffs made by the President, as well as Trump's border policies and reported promises of pardons to officials willing to violate the law on Trump's behalf;
  • Finally, Desi Doyen joins us for the latest Green News Report, on the day after Washington D.C. received a record four inches of rain --- a full month's worth --- in a single hour, while Donald Trump actually gave a speech meant to tout his Administration's (horrific) environmental record...

Download MP3 or listen to complete show online below...

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