'Pro-choice' Melania wants $250k from CNN; $100k 'Trump Watch' invites influence peddlers; Damning new 1/6 details; MAGA county clerk gets 9 years for CO vote system tampering...
After another climate disaster, climate change finally front and center at VP Debate; PLUS: Ongoing climate disaster Helene, now second deadliest hurricane in modern U.S. history...
Guest: Emily Levy of Scrutineers.org; Also: Iran/Israel escalation; Dockworkers strike shuts down ports; Search, recovery -- and climate denier lies -- continue after Helene...
'GNR' Special Coverage: Climate change-fueled Hurricane Helene unleashes widespread death and destruction, as storm victims face daunting challenge of recovery...
Climate change strikes again, killing more than a hundred in 5 states, millions without power, concerns about their ability to vote; Also: Callers ring in before VP Debate...
Hurricane Helene guns for Florida; Global warming doubled odds of Europe's catastrophic flooding; PLUS: Biden promotes climate action at final U.N. address, with a warning...
CA sues ExxonMobil for plastic recycling lies; Cat 3 John strikes Mexico; Three Mile Island coming back to power Microsoft A.I.; PLUS: Climate Week kicks off in NYC...
THIS WEEK: Springfield Follies ... Political Violence ... The Undecidables ... Pro-Life? ... And much more in our latest collection of the week's best toons!...
Bad news for Rs in NC; Trump/Vance lies in OH; GOP Elector scheme in NE; Gaming GA result certification; Vote suppression in TX; Vote expansion in CA...
U.N. weather agency warns of climate chaos...that may already be here; NC storm tops $7B in damage; PLUS: Biden's air pollution policies will save 200,000 lives...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
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...
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...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
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...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
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...
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...
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...
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...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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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...
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;
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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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...
On today's BradCast, w've got some very good news for democracy, for a change, today --- and it comes out of North Carolina of all places! But first, a few quick updates on some others stories we've been following recently on the program. [Audio link to show is posted below.]
Hurricane Dorian is weaker but larger after devastating parts of The Bahamas. The now-Category 2 storms is moving incredibly slowly northward, perilously close to the Florida Coast, and on a more direct path that could include landfalls in Georgia, South Carolina, North Carolina, and even Virginia. Massive storm surges and power outages are predicted for many of those states in the days ahead;
A federal court judge has temporarily ruled [PDF] in favor of Playboy's White House correspondent Brian Karem, recently featured as a guest on the show, in his lawsuit demanding the Trump Administration restore his White House press pass that was suspended after a kerfuffle in the Rose Garden in July with disgraced former Trump adviser Sebastian Gorka;
Following two recent mass shootings in Texas, one at a Walmart store in El Paso where 22 were killed by a white nationalist, the superstore chain announced a change to its policies on gun and ammo sales and is asking shoppers to no longer open carry weapons in their stores. Grocery giant Kroger has also now asked customers to leave their guns at home. In response, the terrorist-enabling NRA shot a letter to Walmart describing their new policy as "shameful".
That, as law enforcement officials confirm that the gunman who killed 7 and injured more than 20 during a Labor Day holiday weekend shooting rampage in Odessa and Midland, TX had failed a federal background check for purchasing a firearm before buying his semi-automatic assault-style rifle through a private sale with no required no background check. The so-called "gun show loophole" in the federal background check law allows for private sales between friends and families, on a number of online forums, and via some vendors at gun shows. Such sales amount to an estimated 25% to 40% of all guns sales in the U.S., but NRA-controlled Republicans in Congress have refused for years to allow an up or down vote on measures that would close the loophole, despite overwhelming public support, including from members of the NRA;
Then, we get to the huge news out of the North Carolina Superior Court, where a three-judge panel (2 Dems and 1 Republican) unanimously ordered the GOP-dominated state legislature to redraw its state House and Senate maps before the 2020 elections. The court found the current maps to be partisan gerrymanders in violation of the state Constitution's Free Elections Clause, Equal Protection Clause, and Free Speech and Free Assembly Clauses. The current maps, as allowed for use in 2018 after the U.S. Supreme Court declared in early summer that federal courts may not block partisan gerrymandering, were themselves newly drawn after the ones created by state Republicans following the 2010 Census were found to have been racially gerrymandered in violation of the U.S. Constitution. The existing state legislative maps resulted in a 65 - 55 seat majority for the GOP in the state House, even after 2018's "Blue Wave" election when Democrats received 51% of the votes statewide to the GOP's 49%. The state Senate is similarly gerrymandered in favor of Republicans, as is NC's U.S. House map in the closely divided state where Democrats have held just 3 seats in the state's 13-seat Congressional delegation over the past decade.
We're joined today once again by NC election expert and campaign consultant DR. WILLIAM BUSA of EQV Analytics, who is perhaps better known as "DocDawg" at Daily Kos. Busa breaks down what Tuesday's 357-page ruling [PDF] means for NC voters, describing "a court that clearly has had it up to here with the GOP's ten years of obstruction of justice in this matter."
He believes the new maps will help "level the playing field" and possibility result in long-overdue Democratic majorities in one or even both chambers of the state legislature next year, though he details a potential GOP scheme to undermine the court's ruling that might explain the decision by Republicans to not appeal Tuesday's landmark order. "We won the vote" last year, he notes, "we just didn't win the map. If we win the map, we can win the vote again, and we'll have the whole shooting match."
All of this is happening as two U.S. House Special Elections are currently underway in the state, with Election Day set for Tuesday (September 10) as the slow-moving Hurricane Dorian is creeping toward the state. One of the House elections will fill the seat vacated by the late Republican Rep. Walter Jones in NC's 3rd Congressional district which runs the entirety of the state's now-imperiled coastline. The other election, in NC's 9th district, is the long-awaited do-over election following the GOP Absentee Ballot Fraud Scandal last November which resulted in the State Board of Elections refusing to certify an extremely narrow reported "win" by the Republican candidate.
What effect will the impending storm and all of these various controversies have on Tuesday's election --- if it is not postponed due to Dorian? Busa explains it all for us on today's action-packed program!
And finally, speaking of bad maps, we close today with the story of the somewhat mind-boggling and continuing attempts by Donald Trump to justify his false --- and potential unlawful --- repeated claims that Dorian was threatening the state of Alabama. It wasn't and isn't. But that hasn't stopped Trump from both lying about it repeatedly and today, incredibly, producing a clearly doctored map in the White House in hopes of supporting his obviously false claims...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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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...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Leon County's 30-year veteran Election Supervisor tells us FBI lied about hacks in 2016; Rubio covered up in 2018; FL ballots will be unverifiable in 2020; calls NSA 'leaker' Reality Winner a 'heroine'; warns new GOP law means 'Jim Crow' has returned to the Sunshine State
Also: Trump's Iran war threat; AL bans almost all abortions; NC-9 do-over candidates set...
It seems that even Republicans in Florida have finally been forced to notice/admit what we've been pointing out about the 2016 election for years now. And our guest on today's BradCast, a longtime county elections chief from the Sunshine State, is none too happy about any of it. He offers several serious-as-a-heart-attack warnings about 2020 in the bargain. [Must-listen audio link to show is posted at end of article.]
But, first up today, the nation and world continue to pay a dangerous and painful price for whatever did or didn't happen that resulted in the election of Donald Trump in 2016. The Administration continued to ratchet up their threats of war against Iran on Wednesday by ordering all nonessential U.S. Government staff out of Iraq, citing unspecified and publicly unsupported claims of threats from Iran. The face-off clearly comes from Trump's ill-considered decision to pull out of the 2015 Obama Administration-brokered, seven-nation nuclear agreement which had effectively ended Iran's nuclear program. Though even the Trump Administration conceded Iran has been faithful to the anti-nuclear pact, Trump withdrew the U.S. and re-imposed crippling sanctions. He's now threatening war, for reasons that nobody seems to understand, and has deployed war ships and bombers to the tinder-box region.
Back at home, Trump's stolen U.S. Supreme Court has inspired dozens of new anti-abortion laws in state after state. On Wednesday, Alabama Gov. Kay Ivey signed the most draconian measure yet, a bill that would outlaw almost all abortions, including in cases of rape and incest, while jailing doctors who perform the (currently) Constitutionally-protected procedure for up to 99 years. The new law, adopted on Tuesday by the male-dominated state Senate and signed less than 24 hours later, would not only force women to carry the child of their rapists, it could also penalize doctors more harshly than the rapists. The ACLU has vowed to challenge the law which would require even pregnant 11-year old rape victims to carry their baby to term.
In North Carolina on Tuesday, Republican primary voters selected their candidate to run against Democrat Dan McCready in the do-over election for the state's 9th U.S. House Congressional District after the Republican candidate and Baptist Minister Mark Harris was discovered to have hired a GOP contractor who carried out a massive Absentee Ballot Fraud Scheme last November. The 10-candidate GOP primary resulted in hard-right, Trump-loving state Senator Dan Bishop being selected to run against McCready in September's do-over election. Bishop is the author and lead sponsor of NC's infamous 2016 law restricting bathroom access for transgender people.
But, as the nation and world continue to pay the price for Trump's nightmarish Presidency, new questions emerge (or, at least, are finally being noticed by Republicans) regarding his own supposed 2016 election victory. On Tuesday, Florida's new Republican Governor Ron DeSantis acknowledged the FBI notified him that election systems in at least two different Florida counties were infiltrated by by Russian intelligence in advance of the 2016 election. He says the FBI has barred him from publicly stating which two counties those are.
The news comes on the heels of similar (and similarly vague) allegations detailed in the redacted Special Counsel report [PDF] from Robert Mueller (see Volume II, page 50, "Intrusions Targeting the Administration of U.S. Elections"), as well as public claims in 2018 made by Florida's then Democratic U.S. Senator Bill Nelson. Nelson's assertions about Russian access to the state's elections systems were publicly ridiculed at the time by then Gov. Rick Scott and other GOPers, even though Florida's Republican U.S. Senator Marco Rubio was told about the same information at the same time as Nelson in the Senate Intelligence Committee. Scott would go on to narrowly defeat Nelson for the Senate seat in 2018 and Republican DeSantis is said to have narrowly edged out Democratic gubernatorial candidate Andrew Gillum on the same day. Both races were so close they resulted in unprecedented statewide "recounts".
However, as our guest today, 30-year veteran Leon County, FL Supervisor of Elections ION SANCHO explains, "recounts" in Florida amount to little more than running the same paper ballots through the same optical-scan computers which tallied them --- either correctly or incorrectly --- in the first place. Sancho, the legendary elections chief in Tallahassee, the state's capital, was so well-respected by all sides that he was tapped in 2000 to oversee FL's notoriously aborted Presidential recount that year. He is furious today about DeSantis' announcement, the secrecy behind which are the counties that were penetrated (he retired after the 2016 election), and explains that he was lied to by the FBI when he was told, during a then confidential conference call with Bureau officials in 2016, that "no county had been hacked" in the run-up to the election.
"The Justice Department has continued to obfuscate and lie about this situation from the very beginning. I was on a confidential call on September 30, [2016] in which all 67 election officials here in this state, and the state election officials, were informed by the FBI that no county had been hacked. The state hadn't been hacked. They told us that. And we now know, from the documentation that's been released through The Intercept and Mueller, that was false. We now know from the documentation, some time in early August [of 2016], the successful penetration occurred."
Sancho also now questions whether there were more than two counties penetrated and says he has no reason to trust the claims by either DeSantis or federal officials that election results were unaffected by the attack. "Here's the crazy thing about it," he tells me, "the Russian GRU knows which counties they've penetrated. The only people that don't know are the election officials and the citizens and voters of the state...it's time the American citizenry, particularly Floridians, figured out that information."
He also hails NSA whistleblower Reality Winner as a "heroine" for alerting the world to documents revealing that the Russian GRU had penetrated elections systems in Florida (and possibly elsewhere) via coordinated spear-phishing attacks that allowed them access to voter registration and website election results reporting systems made by VR Systems, a private election systems vendor with contracts in dozens of U.S. states. Winner is currently serving 5 years in federal prison for having leaked those documents to The Intercept in 2017.
Sancho demands to know "why Homeland Security decided to keep critical information from state and local election officials" for so many years. "Why weren't we told?" He also furious at Rubio and other Republicans for their treatment of Nelson when he tried to blow the whistle himself last year. "Nelson was vilified as being old and senile for saying such a ridiculous thing. And actually he was right...And quite frankly, the individual whose stock falls in my eyes is Senator Rubio, who confirmed what Sen. Nelson said, only after the election. He could have told the truth, and said that Sen. Nelson is raising a valid point. He kept his mouth shut. He put his party over this nation, and we are poorer for it today."
As to the security of the state's election systems as we head into 2020, he warns that "Florida is not well protected," adding a chilling note: "You do a reconnaissance before a major attack," he tells me, "and I don't think we've had the major attack yet."
Sancho has plenty more to say regarding Florida's move to unverifiable computer-marked paper ballots in advance of the upcoming Presidential election, and much more that I hope you'll click below to tune in for. There's simply too much to fully summarize here.
But one last point for now. Sancho also offers his thoughts today on the recent measure passed by GOP state lawmakers to undermine Florida's Constitutional Amendment 4 which was adopted by nearly 65% of statewide voters last November, allowing some 1.5 million former felons in Florida who have completed their prison sentences as well as all parole and probation, to have their voting rights restored. The new GOP measure, which awaits DeSantis' signature, would bar those newly-eligible voters --- including more than 20% of the states African-American voting-age population --- from registering to vote unless all court-imposed fines and fees are paid.
"What the Republicans did was reprehensible," Sancho rails, arguing that the bill contradicts "the overwhelming, clear language" of the statewide constitutional ballot measure. Many have described the new GOP bill as a poll tax. Sancho calls it more "cash register justice", as it will allow those with money to vote, but not those without. "This is clearly restricting the right to vote based upon who can afford to pay. Jim Crow has been reestablished in Florida."
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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That headline will make sense once you listen to the show. With the news "only" turned up to 11 today (as opposed to its usual 12 or 13), we're able to catch up on a whole bunch of important stories, breaking and otherwise, on today's BradCast. [Audio link is posted below.]
Among those many stories...
Oregon U.S. Sen. Jeff Merkley, former NYC Mayor Michael Bloomberg and former Senator, Sec. of State and 2016 nominee Hillary Clinton all announce they will not be running for the Democratic Presidential nomination in 2020. That's mostly good news, as we discuss;
A southern Indiana election board is considering using hand-marked and hand-COUNTED paper ballots in an upcoming local primary election. That's definitely good news;
North Carolina's State Board of Elections announces the dates for the redo election(s) in the state's 2018 U.S. House race for the 9th Congressional District. The first one was nullified a week or so ago, due to Republican absentee ballot election fraud by a GOP contractor on behalf of the disgraced candidate and Baptist preacher Mark Harris. The Democratic candidate, Marine vet and businessman Dan McCready, has already announced he will be running again, and only one Republican, so far, has announced his intention to run in the do-over contest. That one candidate, Union County Commissioner Stony Rushing --- endorsed by Harris (ouch) --- turns out to be a real peach, as we explain with some help from Daily Kos' Jeff Singer;
Also in NC, the judge who nullified two state Constitutional Amendments, one of which would have imposed disenfranchising Photo ID voting restrictions, stands by his recent ruling to nix the measures on the basis that the state legislature that placed them on the ballot had been "illegally constituted" by unlawful racial gerrymanders in several NC legislative districts;
And, speaking of GOP election fraud, in Virginia, the criminal investigation into (now-former) Republican Rep. Scott Taylor and his paid campaign staffers who forged petition signatures to place an independent candidate on the ballot in 2018, continues. The GOP scheme, exposed before the election last year, included what a judge described as "out-and-out fraud" via forged signatures from people who had long ago died or moved. The failed scheme was meant by the Republicans to dilute the votes of Taylor's Democratic challenger, now-freshman Rep. Elaine Luria, in VA's 2nd U.S. House District;
A huge majority of American voters now believe, 64 to 24%, that Donald Trump committed crimes before becoming President, with a smaller plurality believing he also has committed crimes since becoming President, according to new polling from Quinnipiac.
Meanwhile, Trump characterized the new House majority Democrats' several burgeoning investigations into his and his associates myriad apparent crimes as a "big, fat, fishing expedition", "PRESIDENTIAL HARASSMENT!", "nonsense" and "a disgrace to our country" today. He charged the "real crime is what the Dems are doing." But, as we discuss today, the long, LONG overdue exercise of Congressional oversight into an unprecedentedly corrupt Presidency is anything but. We list an astonishing number of potential crimes now under the Democrats' microscope thanks to the House Judiciary Committee's massive document requests sent Monday to more than 80 Trump associates, family members, organizations and institutions. That, as we also note, is just the tip of the iceberg for what is still to come, thanks to voters who put Democrats back in charge in the House last November;
Finally, Desi Doyen joins us for our latest Green News Report with tragic news out of Alabama, stupid news out of CPAC, and important news at the EPA and from the latest Democratic candidates entering the 2020 Presidential contest...
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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IN TODAY'S RADIO REPORT: Heartbreaking tragedy as powerful tornadoes rip across Alabama; Down Under shatters its record for hottest summer nationally; Republican rhetoric increasingly unhinged about the Green New Deal at CPAC; Senate confirms former coal lobbyist as permanent EPA chief; PLUS: The 2020 Democratic presidential race keeps growing, with pledges to act on climate change... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Troubling discovery in the world's deepest ocean trenches - plastic pollution in marine animals' stomachs; The potency of Republicans’ hamburger lie: history shows why it might work; Heatwaves sweeping oceans ‘like wildfires’; Trump’s "A Plus treatment" tweet highlights political approach to disaster relief; A look into Big Oil's fight against electric cars; Pipeline explosion rocks rural Missouri; Plastic Mardi Gras beads could soon be a thing of the past... PLUS: The good news about a Green New Deal... and much, MUCH more! ...
Guest: Election expert Marilyn Marks; Also: CO's Hickenlooper is in; Tornado kills 23 in AL; Trump to end military exercises in Korea; House Judiciary Dems demand docs from over 80 Trump associates, orgs...
The fight to block brand new, unverifiable (and, of course, hackable) voting systems continues as election officials in a number of jurisdictions (including some key Democratic-leaning ones) are rushing to implement them despite unambiguous warnings from experts and as the national media (after years of our own warnings) have finally begun to take notice.
But first, very quickly, some of the many news headlines from the weekend and today covered on today's BradCast. [Audio link to full show is posted below.]
Former Attorney General Eric Holder announces he is not running for the 2020 Democratic Party Presidential nominee, but Colorado's two-term Governor and self-described "extreme moderate" John Hickenlooper declares that he will be joining the crowded field of mostly U.S. Senators;
Bizarre extreme weather across much of the U.S. as one or more mile-wide "monster" tornadoes flattened parts of Beauregard, Alabama on Sunday, killing at least 23, including a still-unknown number of children, with dozens still missing;
NBC reports the Pentagon is set to announce the U.S. is permanently ending annual large-scale joint-military exercises with South Korea and Japan following Donald Trump's failed summit with North Korean dictator Kim Jong-Un. The U.S. is, apparently, receiving no concessions from the North in return;
Rand Paul became the fourth U.S. Senate Republican to say he will vote to block Trump's "national emergency" declaration, which diverts money military construction money allocated by Congress in order to build a southern border wall instead. Paul's vote, along with Democrats and a handful of other Republicans who have said they will also vote against Trump, would be enough for a majority in the Senate to pass the bill already adopted by the House. Donald Trump, however, has vowed to veto the measure;
And, in far more embarrassing news for the President today, the U.S. House Judiciary Committee --- where any possible impeachment hearings would begin --- has requested a host of documents from more than 80 Trump officials, family members and organizations as it investigates impeachable issues of obstruction of justice, corruption and abuse of power by Donald J. Trump;
Meanwhile, our years-long attempt to wave a large, bright red warning flag regarding U.S. elections, especially in advance of 2020, continues today. But, over the weekend, I'm happy to say, we received a bit of help, finally, from the national media as Politico's Eric Geller ran a feature article summarizing some of the many warnings (see here [PDF] and here [PDF], for example) from cybersecurity and voting systems experts inveighing against new, touchscreen computer Ballot Marking Devices (BMDs) now being adopted or considered by jurisdictions around the country, including Georgia, Delaware, Philadelphia and elsewhere (including counties in Texas, Ohio and even here in L.A. County, the nation's largest voting jurisdiction.)
Officials are now rushing to adopt the new systems in advance of the 2020 Presidential elections. That, despite the mountain of evidence demonstrating that BMD systems cannot be reliably audited [PDF] after elections and will result in elections as faith-based and hackable-without-probability-of-detection as those on many of the older touchscreen systems they will be replacing. The boondoggle is set to be a bonanza for the private voting machine vendors, however, which stand to make hundreds of millions by forcing all voters at the polls to use unnecessary electronic systems, rather than much cheaper, verifiable, hand-marked paper ballot systems tallied by optical-scan computers or counted by hand.
Nowhere has the fight against these dangerous new systems been more contentious than in Georgia, where the state House has already voted, mostly along party lines, to move to the systems and as lawmakers in the state Senate are now on the brink of adopting the same bill, HR-316, as well. The measure would grant at least $150 million for the purchase of electronic touchscreen systems that produce an unverifiable, bar-coded (not human-readable), computer-marked "paper ballot" summary card which is no more verifiable than their 17-year old, oft-failed, easily-manipulated paperless touchscreen voting systems.
But, never mind that. The state's new Republican Governor and former Sec. of State (and infamous vote suppressor) Brian Kemp has long been pushing for such systems, as is his new successor, Republican Sec. of State Brad Raffensberger. A former official from ES&S, the nation's largest voting machine company, which will likely receive the contract to replace all current voting systems in Georgia, is also now said to be serving as Kemp's Deputy Chief of Staff.
We're joined again today by election integrity champion MARILYN MARKS of the non-profit Coalition for Good Governance with an update on the latest status of the battle in Georgia, where a Senate sub-committee held a brief hearing on HR316 on Monday. Marks, a registered Republican herself, reports in on the Peach State's partisan divide in this battle, with most Democrats and members of the public coming down against the new unverifiable systems and most Republicans and election officials pushing for them, contrary to the unwavering advice from cybersecurity and election experts offering a large and growing body of documented facts detailing the dangers of computer-marked BMD systems.
When I ask Marks how state lawmakers could possibly approve these systems, given all that is on the public record against them, she tells me: "They are working in a fact-free environment right now...The Republicans are rushing this through so fast. They know that this stinks to high heaven, that there is no logical reason anybody would choose this over hand-marked paper ballots, when the technology is so uncertain, the price tag is enormous, and no one will take time to let the experts speak" at public hearings.
"It's absurd, but right now they don't care about the facts," she insists. "They don't care about the money, either. The numbers that the are throwing out --- $150 million dollars --- the thing is going to cost far more than that, it's clear. Their numbers are wildly off. They are rushing headlong to do this deal --- the facts, the voters, be damned."
Why? Well, we discuss that --- and what you can do about it --- on today's program. But I will note, that Marks tells me that many other jurisdictions followed Georgia after they adopted touchscreens back in 2002. She feels that is likely to happen again now. "So, this is important to try to stop this here. Conversely, if we stop it here, then in a lot of other places, they will look really hard. If Georgia turned it down when they were this close, then I think it will help stop it in other places." For now, however, unless something changes, it's looking more and more like Georgia voters are about to be saddled for another whole bunch of years of election results that can never be verified as accurate. Unfortunately, they won't be the only ones...
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Guest: Analiese Eicher of One Wisconsin Now; Also: MI's new Dem SoS looks to settle gerrymander case; Buzzfeed charges Trump told Cohen to lie to feds about Moscow Trump Tower project...
On today's BradCast, good news for voters in Wisconsin and Michigan, not nearly as good news for Donald Trump. [Audio link to show follows below.]
First up today, the White House is desperately scrambling for new distractions from Trump's unpopular, nearly month-long federal government shutdown and, of more pressing import for the President on Friday, an explosive report published Thursday night by BuzzFeed News. The otherwise uncorroborated article alleges that Trump instructed his former personal lawyer Michael Cohen to lie to federal investigators about the Trump Organization's proposed deal to build a Trump Tower in Moscow. The story cites two unnamed sources as "federal law enforcement officials involved in an investigation of the matter" and claims that Special Counsel Robert Mueller's office learned about the directive "through interviews with multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."
Cohen has admitted to lying to Congress and federal investigators about a number of matters and was sentenced last November to three years in prison after cooperating with Mueller's probe. If the story proves true that Trump instructed him to lie about the project --- which was reportedly still being worked on by Trump through June of 2016, much later than he had initially admitted --- it would, according to Democrats today, amount to evidence of the subornation of perjury as well as obstruction of justice, both impeachable offenses.
We also share the reaction today from Trump and the White House, neither of which denied the reporting initially, choosing to attack Cohen and BuzzFeed instead. Later, Trump's attorney Rudy Giuliani asserted that "Any suggestion --- from any source --- that the President counseled Michael Cohen to lie is categorically false." [POST-SHOW UPDATE: In a rare and carefully worded statement issued late Friday evening by Mueller's office, after we got off air, they disputed BuzzFeed's "description of specific statements...and characterization of documents and testimony obtained" by the Special Counsel.]
In other news today, a federal judge in Wisconsin on Thursday made short order of a challenge to new limits on Early Voting and allowable polling place IDs in the state after Republicans rammed through new restrictions during an extraordinary lame-duck session of the legislature last December, following Governor Scott Walker's re-election loss in the November midterm election. Thanks to heavy turnout, including record Early Voting numbers, Democrats won every statewide contest on the ballot and 54% of the votes for the State Assembly. But, thanks to partisan gerrymandering by state Republicans, they won only one third of its seats.
In a terse, 5-page ruling [PDF] on Thursday, U.S. District Judge James Peterson ruled it was "not a close question" that the GOP's newly enacted voting restrictions were an unconstitutional violation of voting rights, just as he had found nearly identical provisions to be, as passed by GOP lawmakers in 2016.
We're joined today by ANALIESE EICHER, one of the named plaintiffs from One Wisconsin Now's lawsuit challenging both the 2016 law and the late 2018 lame-duck version which Walker signed just days before leaving office. In addition to that court victory on Thursday, the non-partisan group had another on Friday, when a different court ruled that Republican lawmakers were in violation of the First Amendment by blocking the organization and others on Twitter. (Heads up, Alabama Sec. of State John Merrill!)
In neighboring Michigan, the new Democratic Sec. of State Jocelyn Benson announced she was seeking a settlement with Democratic challengers to the legislative and Congressional districts drawn by Republicans in that state. The previous Sec. of State, a Republican, was preparing to defend what Dems describe, with very good evidence, to be an extreme and unconstitutional partisan gerrymander after the 2010 Census. (One such piece of evidence are emails from GOP lawmakers discussing districts mean to "give the finger" to a former Democrat Congressman, and to "cram ALL the Dem garbage" into four districts so Republicans could control more seats across the state.)
A settlement with the newly seated SoS could result in new district maps drawn before the 2020 election. Last November, MI voters approved a ballot initiative that would put an independent redistricting commission in charge of drawing maps following the 2020 Census.
Finally today, we're sent off into the weekend with a pretty hilarious song about Donald Trump's wall, courtesy of satirist Randy Rainbow...
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IN TODAY'S RADIO REPORT: Death toll continues to rise as California wildfires rage on, and state officials grapple with preparing for tomorrow's disasters; Climate change may impact male fertility; Regional EPA official indicted on corruption charges; PLUS: New Democrats push old guard to take bold action on climate change... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Part of the answer to climate change may be America’s trees and dirt; Solving microplastic pollution means reducing, recycling—and fundamental rethinking; The wheels on these buses go round and round with zero emissions; Spraying poisons, chasing ghosts; Hail Mary plan to restart a hacked US electric grid; The good and bad of the steep drop in oil prices; In Yellowstone National Park, warming has brought rapid changes; Scientists acknowledge key errors in study of how fast the oceans are warming; Natural gas industry keeps pushing to whittle away payments to residents... PLUS: 12 years after mocking Al Gore’s fight against climate change, South Park reconsiders... and much, MUCH more! ...
On today's BradCast: It's no longer only political pundits and activists calling for Democrats to pack the U.S. Supreme Court by adding several seats as soon as possible, in the wake of the Republican Party's blatant theft of the high court majority. Esteemed law professors are now joining that call. [Audio link to show follows below.]
But, first up today, a word or two on the President of the United States' appalling celebration of violence against journalists at a political rally in Montana on Thursday night. To the cheers of his supporters, Donald Trump praised the criminal assault on Guardian journalist Ben Jacobs by Republican U.S. House member Greg Gianforte. The attack last year was carried out by Gianforte, and caught on tape, on the eve of his special election to the state's only U.S. House seat.
"Any guy that can do a body slam --- he's my kind of guy," Trump declared to laughter and wild applause from supporters at the campaign rally for Gianforte in Missoula on Thursday, lauding him as "one tough cookie." The Congressman initially lied to police after the assault, claiming that he was attacked by Jacobs. Later, after he won the election, and after a Fox News crew who witnessed the attack detailed what actually happened, Gianforte pleaded guilty to misdemeanor assault, apologized to Jacobs and paid a small fine in addition to performing 40 hours of community service and receiving 20 hours of anger management counseling.
Trump's disgusting --- and chilling --- praise for the violent attack against a reporter doing his job, comes amidst Trump's seeming support for Saudi Arabia following their reported assassination and dismemberment of Washington Post columnist and Virginia resident Jamal Khashoggi at the Saudi consulate in Istanbul two weeks ago. Journalists today --- including the Guardian's Editor and the head of the White House Correspondents Association --- are decrying Trump's support for violence against reporters, despite his sworn oath to protect and defend the Constitution's First Amendment. We decry it --- and the dark path where it's leading --- on today's show as well.
Next, we're joined by MICHAEL KLARMAN, the Kirkland & Ellis Professor at Harvard Law School to discuss his recent essay at the Take Care Blog, detailing "Why Democrats Should Pack the Supreme Court" if they are ever able to regain control of the White House and both chambers of Congress. The public conversation in support of expanding the number of seats on the high court --- which can be done statutorily, without a Constitutional Amendment --- has been intensifying in recent weeks. What had begun as a call from activists to restore a Democratic majority, stolen from them by Republicans in 2016, has quickly spread to academic and legal circles.
Klarman, the author of many books on American law and history and a former clerk to Ruth Bader Ginsberg, argues that, in addition to the GOP's historically unprecedented theft of the high court and his belief that Trump was likely elected only due to unlawful foreign interference, a host of radical actions by Republicans in recent years at both the state and federal level, leaves Democrats with only the choice to respond in kind. If not, he argues, it will be nothing less than "unilateral disarmament" and an act of "political suicide" for the party.
"It's not radical. It's responding to an extraordinary rightward shift in the Republican Party that is tearing apart the rules of democracy," he argues. "The Republicans have already packed the Court," so "unpacking" it, he says, would be warranted.
"There's a kind of sickness that's been spreading in the Republican Party for the last decade or two. It's certainly not true of all Republican voters, many of whom I think would be unaware of these things, and would have a problem with them if they knew about it," he tells me. "But the Democratic Party can't go on playing by the established norms and traditions of democracy when the Republican Party is willing to do anything to win. That's unilateral disarmament. It usually doesn't work out well for the party that disarms. So this is a fairly mild way to fight back."
"My argument is not that Democrats should control the Supreme Court at any cost --- I think that's the Republicans' position, [that] 'we get to control the Supreme Court even if it means stealing an appointment.' My position is their theft has to be offset, and put us back in the position that we ought to have been at if the seat hadn't been stolen."
He leaves the case of whether Dems should run on a promise to expand the Court, or wait until they gain back control before announcing such a plan, to political scientists, but he notes: "We're going to have to think creatively in order to rescue democracy. And that may mean occasionally fighting back in ways that Democrats don't gravitate toward naturally, and that they would prefer not to have to use at all in a normal political environment. But you can't just respond by disarming in the face of this incredible threat that the Republican Party is posing to the basic norms and institutions of democracy."
Finally today, more news on the ongoing allegations of attempted voter suppression, particularly in southern states once covered by the Voting Rights Act until the central part of the Act was gutted by SCOTUS Republicans in 2013. That, on the same day that Trump's former longtime lawyer and business partner Michael Cohen broke his media silence to plead with the American public to vote this November or face "another two or another six years of this craziness." And then we enjoy another musical close to today's show, this time from actress Jenifer Lewis, of ABC's Blackish, who explains, in song, why it's time to "Get your ass out and vote!"...
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Guests: AUDIT-USA's Emily Levy and attorney Chris Sautter; Also: Reports of FBI ignoring dozens of Kavanaugh witnesses persist, Trump mocks accuser, Americans can't wait to vote...
We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]
Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.
Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.
But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)
The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.
One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.
We're joined today by long-time election integrity champion EMILY LEVYof AUDIT-USA and their long-time election attorneyCHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.
"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.
"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."
Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."
As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...
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On today's BradCast: Except for our Florence coverage, it's all about November 6th, including the GOP's rush to seat another alleged sexual predator on the U.S. Supreme Court. [Audio link to show follows below.]
First up today, a quick update on the still-ongoing disaster of Hurricane Florence, with the human death toll rising to 37 and the poultry and pork death tolls in the millions, after three feet of rain fell on parts of the Carolinas, thousands remain in shelters, and the environmental disasters --- including toxic human waste and animal waste now streaming into swelling rivers and floodwaters --- may just be beginning.
Next, the reason why Republicans are in such a panic to minimize the allegations of attempted rape by Brett Kavanaugh, their nominee to the U.S. Supreme Court, in any way they possibly can in advance of the quickly arriving November 6th midterm elections. That minimization includes avoiding both time and an FBI investigation at any cost. The White House could have already requested one, which Sen. Orrin Hatch (R-UT) insisted was "the very right thing to do" --- at least during Senate Judiciary Committee hearings on the 1991 sexual harassment allegations by Anita Hill against then-nominee, now-Supreme Court Justice Clarence Thomas.
Then, you may recall at the beginning of the year I reported on a strange conversation I had on Twitter with Alabama's Sec. of State John Merrill regarding the state's voting systems, resulting in Merrill blocking me on the social media site. It wasn't the first time Merrill had blocked election experts or journalists or his own constituents. But, even after a federal court later in the year found that Donald Trump was violating the First Amendment rights of his constituents by blocking them on Twitter, Merrill still refused to unblock anybody. A query to his office about that, just before the state's May primary elections, resulted in a bizarre and unhinged exchange via phone and email with the Secretary. Today, Merrill is being sued by the ACLU of Alabama for violating his constituents' First Amendment rights for blocking them and, of course, that means that AL taxpayers will likely be on the hook to pay for the so-called "conservative" Merrill's knowingly unconstitutional behavior.
Also, speaking of transparency and the rule of law, the U.S. Supreme Court, just weeks before the 2018 midterms, has allowed a lower court ruling on "dark money" to take immediate effect, meaning that some political non-profits will now have to disclose the names of wealthy donors who spend more than $200 per year in hopes of buying elections. The Koch-sponsored hit squads, including their ringers on the FEC, are none too happy it.
Finally, we've got some good news for voters in California, where the Governor has now signed a bill requiring election officials to notify voters when local officials believe signatures on Vote-by-Mail ballots don't match the one on their registration file. Such voters will now be notified at least eight days before any results are certified, so they have a chance to fix the problem, which could happen for many reasons, before the ballot is simply discarded (as tens of thousands have routinely been tossed in previous elections).
Also, good news for Democrats in Wisconsin, where the "gold standard" of Wisconsin polling outfits finds divisive, two-term Republican Gov. Scott Walker now trailing Democrat Tony Evers in this year's Gubernatorial race.
And, in Kansas, yet another top former Republican official has endorsed Laura Kelly, the Democratic candidate for Governor, in her race against controversial GOP nominee Sec. of State Kris Kobach...
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On today's BradCast, I'm sitting in for Brad and Desi, frantically sifting through news from every direction.
First it's a review of the headlines, including word that the FBI has turned twelve audio tapes seized from Michael Cohen over to federal prosecutors. Donald Trump screams at Iran in ALL CAPS on Twitter; Iran snarls back. The battle over the Carter Page FISA application release rages, but one thing the GOP can't really fight back on: the case made in those pages looks pretty bad for Team Trump.
A deep dive into an incredibly revealing portrait of Southern Baptist churchgoers in Luverne, Alabama. Stephanie McCrummen at the Washington Post did an amazing job on the story.
Then --- in honor of Adam Parkhomenko & Co's fantastic occupation of Lafayette Park outside the White House --- a conversation with attorney SHEILA THOMAS and Martin Luther King historian CLAYBORNE CARSON. We talk about effective protest, and how the art of protest has evolved since the civil rights revolution.
Finally --- did you spend money with Amazon on "Prime Day"? You and everybody else --- or at least enough of everybody else to jam up their system. JESSICA BRUDER'SNomadland is her hands-on testament to nomadic Americans who've fallen out of the vanishing middle class, and are driving from job to job with Amazon, Walmart, amusement parks, state camping grounds, and more.
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News on several massive Election Day failures in L.A. and some more noteworthy results in CA and elsewhere; Also: The continuing jaw-dropping kleptocracy of Trump's shockingly still-employed EPA chief...
On today's BradCast: We continue our coverage of fallout following this past Tuesday's midterm primary elections in eight states, as the counting and canvassing moves forward. [Audio link to show follows below]
In California on Wednesday night, Sec. of State Alex Padilla (D) sent a stern letter to Los Angeles County's Registrar Recorder/County Clerk Dean Logan demanding answers and actions following a still-unexplained "printing error" that resulted in the names of more than 118,000 registered voters (including Fonzie!) being left off the printed rosters at more than 1,000 polling places.
Voters found missing from the rolls were to have been given provisional ballots on Tuesday, according to Logan, but there are questions as to whether all of them were. Also, there are concerns about whether those provisional ballots will all, in fact, be counted (or tossed for bad reasons, as some provisional and vote-by-mail ballots are), and if those ballots will be included in the county's 1% post-election manual "spot check", meant to determine whether hand-marked paper ballots were tallied as per voter intent by the county's computer tabulators. A new state law adopted last year exempts both provisional ballots and late vote-by-mail ballots post-marked by Election Day (which may arrive several days after the election and still be included in tallies) from that mandated 1% "random audit". We've got a bit of exclusive news on that front today.
That disaster was not the only problem for voters on Tuesday in L.A., the nation's largest voting jurisdiction. One blind voter reports on her failed attempt to vote on four separate audio voting systems for disabled voters at three separate polling places. All four machines failed to work, echoing a very similar problem that I had while attempting to vote on those very same systems in L.A. ten years ago. In a 2008 primary, 4 out of 12 of my own votes were misprinted by the computer-marked paper ballot audio voting system. (Luckily, I'm not blind, so was able to notice the computer-printed failure before casting the ballot!) Two years later, in 2010, when I tried the system again, it failed to work altogether on two different machines.
Also in CA on Tuesday, voters in a recall election successfully removed a state judge who had issued a controversially lenient sentence to a Stanford University athlete last year following his sexual assault of an unconscious woman. Another recall election, engineered by state Republicans, resulted in the removal of a Democratic state Senator for having voted in favor of a gas tax hike last year. The successful recall strips Dems of their two-thirds super-majority in the state Senate, which is required for the passage of any new state taxes or fees.
In Alabama, the unbalanced Republican Sec. of State John Merrill --- who blocked me on Twitter last December for being correct about the state's computer tabulation systems, before sending a barrage of insanely bizarre emails to me last week --- won his primary for re-election on Tuesday.
And Joseph Siegelman, son of the former Democratic AL Gov. Don Siegelman, (both guests on the show over the years) won his primary for Attorney General in the state. Depending on the results of a primary runoff on the GOP side, Siegelman may be running this November against a former AL Attorney General who was part of the GOP cabal who helped imprison his father on seemingly trumped up bribery charges more than a decade ago. (Tune in for a wild summary of the incredible GOP corruption in that state around all of that, which still echoes throughout state politics today. And, with all of the madness I quickly summarized on the show, I now realize I forgot to mention, incredibly enough, that the George W. Bush-appointed federal judge who convicted and sentenced Gov. Siegelman was later forced to resign after being arrested for beating his wife!)
And, in South Dakota, some remarkable fallout from a Sheriff's race in one county, underscoring, yet again that elections have consequences and that so-called "Right-to-Work" states are anything but.
Then, after a smart observation from longtime BRAD BLOG reader "Dredd", who points out that more Americans appear to have been killed by one climate event --- Hurricane Maria in Puerto Rico --- than in our (so far) 17-year long war in Afghanistan, Desi Doyen joins us for the latest Green News Report. Among other things in today's report, still more outrageous corruption news revealed from EPA Administrator Scott Pruitt. But, we had more on that front than we could fit into our GNR today --- and more that has broken since recording it Wednesday morning --- so we follow up with that additional news about Trump's kleptocratic EPA chief, including a Republican U.S. Senator who has some choice words for the shockingly still-employed Pruitt...
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About Brad Friedman...
Brad is an independent investigative
journalist, blogger, broadcaster, VelvetRevolution.us co-founder,
expert on issues of election integrity,
and a Commonweal Institute Fellow.