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Latest Featured Reports | Thursday, January 16, 2025
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Drop Box voting restored in WI (for now); Excellent redistricting news in AL (unless appealed); 'Calming down' in Ukraine; Bad news for key Jan. 6th instigators Alex Jones and John Eastman; And more!...
By Brad Friedman on 1/25/2022 6:20pm PT  

We'd love to tout all of the encouraging news we have for you on today's BradCast. We have quite a bit of it. Problem is, while we have a lot of it, each story is largely just marginally encouraging in and of itself. Still, these days, we'll take what we can get! [Audio link to full show follows this summary.]

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

  • An appeals court in Wisconsin unanimously blocks a wingnut lower court judge's ruling from a few weeks ago that had declared the use of absentee ballot drop boxes to be in violation of state law, despite the many years that they've been in use. Who knew? So, good news that the judge was overturned for now. Bad news that the appellate court order only applies for now to the state's upcoming February primary elections.
  • Seemingly encouraging news out of Alabama today --- perhaps the only unqualified good news we've got to share with you all day, in fact! A three-judge federal court panel --- including two Trump appointees --- have rejected the state GOP's newly redistricted U.S. House map, declaring it to be an unlawful racial gerrymander in violation of the federal Voting Rights Act. The court's ruling, if it withstands appeal, would require the Republican-majority state legislature to draw two Black majority districts instead of one. That, in a state with a 27% Black electorate, represented for years by 6 Republican White men and 1 African-American Representative.
  • While the U.S. (and EU and NATO) continue their warnings of an "IMMINENT INVASION!" of Ukraine by Russia, Ukrainian officials have a message for the world: Please calm the fuck down! (Though please keep sending those weapons in the mean time.)
  • Oh, look! Wingnut radio conspiracy theorist, professional grifter, Donald Trump buddy, and key instigator of the deadly January 6th attack on the U.S. Capitol, Alex Jones, quietly sat down this week for questioning with the U.S. House Select Committee investigating Trump's attempt to steal the 2020 election. That, even though Jones had previous filed a lawsuit to quash his subpoena from the Committee. Apparently, he pleaded the Fifth "almost 100 times" for some reason in the bargain, he says.
  • And, speaking of pleading the Fifth, (former?) law professor John Eastman, who wrote the memos detailing a plot for how then Vice President Mike Pence could "legally" steal the election for Trump by refusing to accept lawfully certified 2020 Electoral College votes on January 6th, also chose to avoid self-incrimination in criminal matters by invoking the privilege when he testified recently to the Committee. As of a court hearing on Monday, we now know he did so 146 times! That, according to details proffered during the hearing for a suit in which Eastman is suing his former employer, Chapman University. He is hoping to prevent them from releasing 19,000 of his emails subpoenaed by the House Select Committee and written from his university email address while working for free for Trump (unbeknownst to the non-partisan university, which eventually fired him for doing so.) The judge in the case is reportedly not happy with Eastman, and has ordered him to make a list of which of the 19,000 subpoenaed emails he believes should be withheld from the Committee due to attorney-client privilege.
  • Meanwhile, it continues to be a lousy time to be associated with our disgraced, twice-impeached loser of a former President. Even for a coal lobbyist. Democrats in the Virginia state Senate say they are now united in their hopes of blocking the new GOP Governor Glenn Youngkin's nomination of former Trump EPA Administrator (and coal lobbyist!) Andrew Wheeler for the commonwealth's top environmental official. SAD! That, after 150 former EPA employees signed a letter to the state Senators accusing Wheeler of having "pursued an extremist approach, methodically weakening EPA’s ability to protect public health and the environment, instead favoring polluters." (Though because the state Senate Dems haven't yet taken the very rare step of blocking the new Guv's nominee, the news is still to be considered marginally good for the moment.)
  • Finally, while it should be very good news that we are sharing our 1,200th Green News Report today --- coincidentally in the same week that The BRAD BLOG is celebrating our 18th birthday --- the fact that we've had to do 1,200 GNRs (instead of saving humanity and the entire planet about 800 episodes ago) makes the good news only marginal as well. As usual, the content of today's report doesn't help much either...though even there, we've got a bit of marginally encouraging news for ya.

You're welcome!...

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Guest: Marcy Wheeler of Emptywheel; Also: WI judge bars all ballot drop boxes; OH Supremes nix GOP-gerrymandered state, U.S. House maps...
By Brad Friedman on 1/14/2022 6:45pm PT  

We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

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Guest: Dr. Nils Gilman of Berggruen Institute; Also: Life sentences for the Arbery murderers; CyberNinjas fined by AZ judge, claim to shut down...
By Brad Friedman on 1/7/2022 7:07pm PT  

It's been a rough week. So before we get to America's rising 'demons of hell' on today's BradCast and how we might counter their re-emergence against what is left of American democracy, a few slightly more encouraging news items to kick things off. [Audio linnk to full show is posted at end of summary.]

In Georgia, the three white men who were caught on video tape murdering 25-year old black jogger Ahmaud Arbery in 2020 after hunting him down in their pick-up trucks, were each sentenced today to life in prison. Two of them, father and son, got life without the possibility of parole. The third, their neighbor, could be paroled after serving 30 years. But he's already 52, so...

In Arizona, or Florida, or wherever "they" preside, the buffoonish, rightwing conspiracy theorists, con-men and theoretical cybersecurity experts calling themselves Cyber Ninjas, declared they exist no more. That, just one day after an AZ state judge said they are to be fined $50,000 for each day that they continued to refuse to hand over public documents regarding the pretend "forensic audit" of Maricopa County (Phoenix), AZ's 2020 Presidential election they were hired by the GOP state Senate to carry out. More on that matter, hopefully, on a not-too-distant BradCast.

Next, as our week commemorating the grim, one-year anniversary of Donald Trump's attempt to steal the 2020 election by hurling thousands of supporters at the U.S. Capitol last year on January 6th, in hopes of halting the certification of the Electoral College vote with a deadly insurrection, comes to a close, a bit of mopping up and looking ahead to ways to prevent a more successful election coup from happening in the near future.

First, some reflections today from our 39th President, the 97-year old democracy champion Jimmy Carter. He wrote this week in the New York Times that he now "fears" for our democracy, citing last year's insurrection and the politicians in his home state of Georgia and elsewhere, such as Texas and Florida, who have "leveraged the distrust they have created to enact laws that empower partisan legislatures to intervene in election processes." Carter sees Americans "being persuaded to think and act likewise, threatening to collapse the foundations of our security and democracy with breathtaking speed." He says the he now fears that what he, his Carter Center and America itself "have fought so hard to achieve globally — the right to free, fair elections, unhindered by strongman politicians who seek nothing more than to grow their own power — has become dangerously fragile at home."

Carter is hardly the only one with a long and broad perspective on history who has become unnerved by what we are now seeing in America. Ronald Reagan's U.S. Solicitor General, Charles Fried, interviewed last month by CNN's Christiane Amanpour, noted his birth in Prague in 1935, when "Czechoslovakia was a real democracy" before "the demons of hell came out and spoiled that for 50 years." The 86-year old longtime Republican and Harvard Law professor now says he sees "those people re-emerging" and he "hears the same tune and it scares me."

So, for those of us paying attention, what can be done? We talk about exactly that today with our guest, DR. NILS GILMAN of the Berggruen Institute, following on his recent L.A. Times op-ed discussing similar nightmares as those cited by Carter and Fried which have continue to emerge throughout 2021 and what we can ALL now do to try and counter them.

Gilman was also the co-founder the Transition Integrity Project (TIP), a bipartisan group of security, military, political and media experts who met during the summer of 2020 to game out what might happen [PDF] in various worst-case scenarios if Trump decided to declare the election results invalid and/or refused to leave office that fall. We begin today with how his TIP group viewed the January 6 Electoral College certification event in advance, which he says they saw as a "moment of Constitutional stress that bad actors could potentially exploit," warning at the time that "there needed to be preparations on the part of law enforcement to be ready for that possibility." Perhaps we'll pay more attention to his group's warnings the next time, if they decide they need to reconvene before 2024 election.

He is now warning, in his piece at L.A. Times, that "the runaway train of illiberalism continues to bear down on American democracy, and the need to act could not be more urgent." Gilman explains today what he means by the term "illiberal democracy," a phrase he cites as being coined by Hungarian strongman President Viktor Orban, who was recently endorsed by Donald Trump. Under Orban, Hungary, in recent years, has seen its media essentially taken over by his rightwing government.

Citing strongman leaders "all over the world, in Brazil, Turkey, the Philippines, Poland, "you're seeing the rise of this illiberal democracy, where you still have elections, but the electoral process is so corrupted that it basically ensures that you will get right or far-right victories under any and all circumstances." Sound familiar? That, as nations like Hungary are literally being hailed of late by folks on the American right like Tucker Carlson and Fox "News". "It's being celebrated in rightwing media as a model that America might want to follow," Gilman charges.

He goes on to detail, both in his op-ed and on today's program, what "ordinary citizens" who oppose such fascist takeovers of our democracy can and must do at the state and local level --- as we wait and hope for voting rights and election protection legislation at the federal level --- to otherwise counter such forces. Election officials are now facing threats from Trump's MAGA Mob across the country, even as his supporters are working to take over key election administration positions by both hook and crook.

"People can go out and become pollworkers," urges Gilman. "We have an under-supply. Run as a local election administrator. There are thousands of positions all over the country. Our election system is currently totally decentralized and local administrators have a lot of power, and we need people committed to the democratic process to be in those position, not people who are committed to partisan victory at any and all costs."

As he explains, "there are things that an ordinary citizen can do. But the truth is that the real problem is we need to have elites who are going to be committed to democratic practice. What we have in this country now --- and we're seeing this very much in the current Congress --- you see a split between some elites who are basically complicit with the crimes of the previous administration and then others who are complacent about the likelihood that this could come back. We need elites to take this problem more seriously and really take on the challenge of illiberalism and the anti-democratic tendencies that are becoming more and more legion in this country, particularly on the right."

We also discuss my personal concerns --- my personal nightmares --- about the ability of committed, bad faith Republicans at this point to game the Electoral College in 2024 in a way they were not prepared to do in 2020. If they do so --- at the state legislative and/or Congressional level --- I believe there is nothing currently in federal law or the U.S. Constitution to prevent such a bad-faith exercise from succeeding next time. Please tune in to see if Gilman shares my concern.

Finally today, we're joined by Desi Doyen for our latest, very lively, Green News Report, which we had to postpone until today to make room yesterday for our special coverage of the first anniversary of the GOP's January 6th, 2021 insurrection...

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By Desi Doyen on 1/6/2022 10:46am PT  


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IN TODAY'S RADIO REPORT: Germany shuts down half of its last remaining nuclear power plants; Trump's EPA chief, a former coal lobbyist, tapped for Virginia's top environmental post; Toyota, Chevy and Ford make big EV announcements; PLUS: San Francisco gets the world's first hydrogen powered ferry... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 6 big environmental stories to watch in 2022; 2021 temperature records now coming in; Manchin [claims he] sees path to climate deal; A month of unprecedented U.S. weather disasters ends with Colorado fire catastrophe; Ford launches effort to make EV charging in the US much easier; Texas gas barons have not learned lessons of blackouts; Judge orders release of disputed DAPL documents; Texas enacts nation's strongest flood disclosure law; Wildfires are digging carbon-spewing holes in the Arctic... PLUS: This vast wildfire lab is helping foresters prepare for a hotter planet... and much, MUCH more! ...

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The so-called 'pro-life' party is now anything but...
By Brad Friedman on 4/17/2020 6:47pm PT  

We've been hearing a lot of references to the GOP as a "death cult" of late. And while it sounds, at first, like little more than a partisan smear by Democrats, it's not. Just ask this longtime Republican. The description actually seems to be more and more apt with each passing day, as today's BradCast helps to make all too clear. [Audio link to full show is posted at end of this summary.]

Among the many Death Cult GOP stories in evidence on today's program...

  • In March, a woman and mother of two in Texas took to Facebook to offer a rant on the global coronavirus pandemic as little more than a "media driven" hoax meant for "overthrowing Trump". She warned readers to "Wake up!!! This is what the beginning of socialism looks like," adding "You don't need hand sanitizer, toilet paper, and Lysol. You need common sense, a sense of direction, faith, a will to fight, and of course guns!" She died from COVID-19 just a few weeks later in April.
  • And just a few weeks after that, even as bodies continue to pile up in Texas, with it's coronavirus peak predicted to be still two weeks away, the state's Republican Gov. Greg Abbott announced on a Friday his plan to open the state back up for business. Among his plans for doing so: state parks will be opened on Monday and large venues such as restaurants and movie theaters could be re-opened as early as April 27.
  • Abbott's announcement follows a record 4,591 American deaths formally attributed to COVID-19 in a single 24 hour period, as the official death toll climbed above 33,000 as of Friday morning.
  • Even as the body count grows and Trump has backed off his claim of "total authority" to order Governors to end stay-at-home orders just a day earlier, leaving the decision to Governors instead, the President of the United States took to Twitter to seemingly call for violent overthrows of three states with Democratic Governors. "LIBERATE MINNESOTA," he tweeted. And later, "LIBERATE MICHIGAN". Followed by "LIBERATE VIRGINIA," adding "And save your great 2nd Amendment. It is under siege!"
  • Yes. It's a death cult. But if you had any question about that, we review his EPA's latest rollback of environmental regulations, including today's which guts an Obama-era rule to curb the emissions of mercury and other toxins. It is just the latest rule overturned by the Trump Administration, following his recent reversal of vehicle mileage standards and the toxic emissions that would have been curbed with them and this week's decision to ignore the EPA's own scientists calling for the tightening of National Ambient Air Quality Standards for particulate pollution (soot) which might help lessen some 50,000 deaths per year. Each of those regulations save tens of thousands of American lives annually. But they are now quickly being overturned one after the next to not only help a few of his corporate campaign contributors, but also to avoid the Congressional Review Act which allows Congress to reverse regulations passed in the final six months of a President's term with a simple majority vote.
  • Not enough GOP Death Cultism for ya? Then we turn to elections once again, where Republicans continue to draw the battle-lines for 2020 with new efforts to force voters to choose between risking their lives to vote in person during a pandemic or losing their right to vote altogether. That, versus attempts by Democrats to make voting easier and safer for all. Yesterday we highlighted the fight in Texas where its Republican Attorney General has threatened criminal prosecution against those who advise voters to seek absentee ballots for fear of the coronavirus. Today's example comes out of Kentucky, where the GOP legislature has voted to override the veto of Democratic Gov. Andy Beshear in order to force the enactment of disenfranchising Photo ID voting restrictions this November. Good luck to Kentucky voters who lack an ID in getting one. All of the state's driver's license offices are closed across the state due to the COVID crisis. Darn the luck, am I right GOPers? No worries, with Kentucky Sen. Mitch McConnell on the ballot this year, locked in a potentially close fight with his likely challenger Amy McGrath, I'm sure everything will work out just fine.
  • And, yes, if all of this idiotic death and mayhem sounds like a terrible movie that couldn't get greenlighted in Hollywood, it's because it is...

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Guest: Dr. Andrew Rosenberg of Union of Concerned Scientists; Also: Carter hospitalized; SCOTUS allows suit against gun-maker, but may kill DACA; Impeachment hearings begin; and our 1000th 'GNR'!...
By Brad Friedman on 11/12/2019 5:59pm PT  

On today's BradCast, a heads up for just one of the newest, horrible, deadly things the Trump Administration is hoping to pull off on behalf of toxic corporate polluters, even as we're all distracted by impeachment of the President. [Audio link to show is posted below.]

In addition to a top of show teaser for our 1000th Green News Report at the end of the show, we kick off with a quick news roundup. Among the stories covered...

  • 95-year old former President Jimmy Carter is said to be recuperating after surgery to drain pressure on his brain following a number of recent falls;
  • The Republicans' stolen U.S. Supreme Court, surprisingly, allowed a lawsuit to proceed against gun manufacturer Remington, as brought by families of victims killed with one of the company's AR-15-style weapons in 2012 at the Sandy Hook Elementary School in Newton, Connecticut. The case alleges Remington's marketing was unlawful under CT law, and the plaintiffs have successfully argued that a 2015 federal law which bans most lawsuits against gun makers should not apply in this instance. SCOTUS appears to have agreed. If the complaint is ultimately successful in finding Remington violated the law, it may open up new avenues for additional suits against gun manufacturers and dealers by victims of gun violence;
  • Less surprising news from the GOP's stolen SCOTUS today comes from those in attendance at the Court for oral argument on Tuesday in a case which could strike down President Obama's Deferred Action for Childhood Arrivals (DACA) program. Court watchers suggest that questions from five Justices auger that the Republican appointees are prepared to allow the Trump Administration to end the program meant to offer protection from deportation for more than 700,000 [PDF] children of immigrants (so-called "Dreamers") brought here by their parents at a very young age;
  • On the eve of public hearings for only the 4th Impeachment inquiry in U.S. history, Intelligence Committee chair Adam Schiff (D-CA) released details on procedures for the hearings beginning on Wednesday, while an 18-page Republican talking points memo, detailing how they plan to oppose charges against the President, was obtained and published by CNN.

But, while the nation's attention is understandably focused on impeachment, the Trump Administration is continuing its non-stop corruption of federal Government power in favor of corporate industry interests. A draft proposal for a new rule from the Environmental Protection Agency Administrator (and coal lobbyist) Andrew Wheeler, as obtained by the New York Times, reveals the EPA's latest attempt to undermine scientific research in favor of toxic industry pollution of air and water and more.

The new rule, if approved, picks up where one introduced by disgraced former EPA chief Scott Pruitt left off. The original iteration of the rule was met with a tidal wave of opposition in some 600,000 public comments, almost all opposing the scheme. Nonetheless, Wheeler not only ignored those comments, but has now broadened the new proposed rule so that it might actually be applied not only to new regulations from the EPA, but also to existing regulations as well.

In effect, as our guest today, DR. ANDREW ROSENBERG, Director of the Center for Science and Democracy at the Union of Concerned Scientists, warns, the new rule, if adopted, would "devastate public health and environmental protections".

The long sought-after rule would deny the use of scientific studies for the basis of EPA regulations, if the raw, underlying data of such studies are not fully released. That means, for example, that private medical information of those who participated in various health studies under confidentiality agreements would have to have their names and medical records exposed, or the studies cannot be used as a basis for federal rule-making. Industry groups, of course, favor the new rule, which they and Trump's EPA are selling as "scientific transparency". Scientists and health care providers, however, are strongly opposed, charging, as Rosenberg does, that the scheme will undermine public health protections and "would put the entire enterprise of developing science-based public health safeguards at risk."

The policy, he explains, upends decades of well-established scientific norms, as well as federal rule-making procedures, and is precisely what the chemical and fossil fuel industries, in particular, have been pushing for for years.

"This isn't about transparency. This is about restricting the ability of the government to do the job that we want them to do --- that is, to protect public health and safety," Rosenberg tells me. "There's absolutely no scientific basis for doing this. One of the ways that you can tell that --- it's not just my word for it --- they put no justification in the rule. They didn't even identify what problem they're trying to solve. There's no analysis of what the impacts of putting this rule in place would do. There's not even an analysis of how much it would cost the agency. But, more importantly, [there's] absolutely not a single word on how it would impact the agency's ability to put public health protections in place. So there is no merit to this proposal at all."

Nonetheless, Rosenberg cautions, even if the public makes noise about this, given Wheeler simply ignoring the response to the Pruitt version of the same rule, it will likely be implemented. But, he notes, it will almost certainly be challenged in court, at which time public comments against the new rule will become very important. As Desi Doyen notes at the end of today's interview, some 200,000 Americans die each year prematurely due to pollution which will only be made worse under this new rule.

And, speaking of Desi, yup, finally, it's our 1000th Green News Report! In which we look both forward and back (to our first GNR in February of 2009), hear from a few old friends, and share what we believe is the funniest "snarky comment" in 1000 episodes over nearly 11 years of the GNR. All of it, by the way, made possible not by industry or political support, but by you, our listeners via BradBlog.com/Donate. Thank you!...

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By Desi Doyen on 6/20/2019 11:24am PT  


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Guest: Slate legal reporter Mark Joseph Stern; Also: Trump lauds socialism at 'campaign kickoff'; WH, DoJ nix Hicks testimony in House; Trump EPA to help kill thousands with new roll back of Obama coal regs...
By Brad Friedman on 6/19/2019 6:34pm PT  

On today's BradCast, after what seems like a too-long absence, we're joined again today by Slate legal reporter MARK JOSEPH STERN for insight on the first batch of U.S. Supreme Court opinions issued at term's end this week. [Audio link to show follows below.]

But first today, mercifully brief coverage of Donald Trump's re-election campaign launch in Orlando, Florida on Tuesday night. While the rally followed the same tired pattern of pretty much all of the campaign rallies he's held non-stop since becoming President --- (Remember when the GOP and Fox 'News' used to complain that Obama was holding campaign rallies as President, rather than governing? That was darling.) --- the usual recitation of Trump lies and nonsense also included a fascinating reference to Republican opposition to "socialism" just one mere breath before Trump (falsely) touted GOP support for protecting much-beloved socialist programs such as Social Security and Medicare. The irony, no doubt, was lost on most of his brain-poisoned followers on hand or watching via the Fox "News" disinformation channel.

On Capitol Hill today, Democrats in the House Judiciary Committee finally heard testimony from a former Trump official in the aftermath of the damning Robert Mueller Special Counsel report. Longtime Trump aid Hope Hicks --- who worked with him before his campaign, during it, during the transition and in the White House --- cooperated with the Mueller probe and is cited within it as a witness about 180 times. She agreed to testify today, though only behind closed doors, with a transcript to be released later. However, White House and DoJ Attorneys were also on hand to continue what Committee member Rep. Ted Lieu (D-CA) described as "obstruction of justice in action". The lawyers issued objections to any and all questions related to Hicks' service with Trump as President, asserting "absolute immunity" from such questions. That is a newly invented "privilege" from the White House and DoJ which Lieu described as "not a thing. It doesn't exist." Lawmakers suggest the result will be court action to force Hicks' testimony on her time at the White House, now that she is a private citizen (who works for Fox "News"). Even House Speaker Nancy Pelosi, who is still opposed to opening an official impeachment inquiry, reportedly described the new White House offensive as "obstruction of justice", which --- in case she needs a reminder --- is one of the offenses included in the Articles of Impeachment for both Richard Nixon and Bill Clinton.

Also in D.C. today, the Trump Environmental Protection Agency, now headed by "former" coal industry lobbyist Andrew Wheeler, officially replaced President Obama's Clean Power Plan, meant to curb global warming greenhouse gas emissions from coal-fired power plants, with a new rule that makes the reduction of emissions optional for states. Even while coal plants have been shutting down across the country over the past two years in favor of cheaper, cleaner natural gas and renewable energy production, the Administration is implementing the new rule which, according to the EPA's own analysis, will result in thousands of unnecessary deaths per year. The new rule parallels a similar effort by the Trump Administration to roll back new mileage standards implemented by Obama with the cooperation of the auto industry, which the National Highway Traffic Safety Administration (NHTSA) says will save thousands of lives as well. So, yes, Trump is now purposely killing Americans and lying about it by claiming U.S. air and water has never been cleaner. That, according to actual findings from the Government, is also untrue, as pollution has increased over the past two years since Trump became President.

We're then joined by Slate's Stern for a review of this week's SCOTUS rulings and an explanation for some of the "strange bedfellow" partnerships found in several of them. Among the opinions discussed today...

  • A Supreme Court "punt if I've ever seen one," according to Stern, on a case involving yet another bigoted baker, this time in Portland, who refused to sell a wedding cake to a same-sex couple. The Justices sent that case back down to the lower court for review, though Stern suggests they are largely buying time before being forced to determine, once and for all, whether discrimination against LGBTQ people is Constitutional. "The Court can't duck this forever," says Stern;
  • The largely good news ruling of the week is for voters in Virginia, where a 5 to 4 majority opinion results in new, fairer, more competitive legislative districts in advance of the Commonwealth's statewide elections this November. The Justices held that the GOP-gerrymandered House of Delegates did not have standing to appeal new legislative maps implemented by lower courts to correct 11 districts found to have been unlawfully and unconstitutionally racially gerrymandered following the 2010 Census. Only the state's Attorney General, a Democrat, who initially challenged the ruling on behalf of the state but later declined to appeal the lower court's ultimate ruling, has such standing, the majority determined.

    But the majority opinion, written by Justice Ruth Bader Ginsburg was joined, unsurprisingly, by Justices Elana Kagan and Sonia Sotomayor, and much more surprisingly by Justices Clarence Thomas and Neil Gorsuch! Moreover, the minority dissent, penned by rightwing Justice Samuel Alito was also joined by the normally progressive Stephen Breyer. Stern offers an explanation for what appears to be very strange bedfellows on this opinion, and whether the ultimate outcome --- while very good news for Democrats who hope to take control of one or both chambers in the VA legislature this November --- will be good news or bad news for Democrats and Republicans in the future;

  • We then move to what Stern describes as "a tough but interesting case", for his explanation of the Court's affirmation of what has long been considered a loophole in the U.S. Constitution allowing an exception to its restriction on double-jeopardy cases. In fact, as the Court held in a 7-2 decision, virtually identical indictments may be brought against the same person, for the same crime, so long as they are brought in separate State and Federal jurisdictions, which are considered to be "separate sovereigns". On the minority in this case was another odd couple, Ginsberg and Gorsuch, while Thomas --- who previously decried the Double-Jeopardy Loophole by calling for a "fresh examination" of it --- chose not to vote for ending it when he had the opportunity. He did, however, take the opportunity to write a concurrence in the case, calling for reversing other long-held SCOTUS precedents, such as those which allow women the right to choose to have an abortion. "He used his opinion to launch into this crazy attack on precedent, that was clearly laying the groundwork for an attack on cases like Roe. vs. Wade" and marriage equality;
  • Finally, Stern offers some thoughts on the Court's expected opinion, due any day now, regarding the Administration's attempt to add a question on citizenship to the 2020 U.S. Census. That determination is still expected, despite evidence unearthed after oral argument that proves the Administration lied about their reasons for adding the question, which, according to the Census Bureau itself, will reduce participation. That, in turn, is expected to radically shift government funding and citizen voting power from Democrats and minorities toward white Republican jurisdictions. We discuss that bizarre matter --- and how SCOTUS can possibly rule on the case now, given the new evidence revealed from the hard drive of a now-deceased GOP gerrymandering expert following the Court's hearing months ago --- and a few of the other expected important decisions to come in the next two weeks before the Justices leave town for Summer vacation...

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By Desi Doyen on 3/21/2019 11:45am PT  


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IN TODAY'S RADIO REPORT: Staggering economic losses from extreme weather and historic floods in the Upper Midwest; 'Shelter in place' order issued after massive, toxic chemical fire extinguished in Houston; Trump EPA chief Wheeler pushes more dangerous delay on climate change, while 2020 Democratic Presidential candidates push climate change solutions; PLUS: Federal judge blocks oil and gas drilling in Wyoming in 'Holy Grail' ruling... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'We don't have anything': the fight for survival after Cyclone Idai; Congress’ inaction endangers black lung fund; Trump's [bogus] $100 trillion price tag for the Green New Deal came from a tweet; Solar and wind firms call the 'Green New Deal’ too extreme; Spinach, Strawberries, Kale Top List Of Most Pesticide-Tainted Produce; Mining Company Quashed Dam Safety Audit Efforts Before Brazil Disaster; Jury Finds Monsanto’s Roundup Likely Cause Of Cancer In 2nd Bay Area Man; Western States Finalize Landmark Drought Plan For Colorado River Water... PLUS: Banks Put $1.9 Trillion Into Fossil Fuels Since The Paris Climate Deal... and much, MUCH more! ...

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By Desi Doyen on 3/5/2019 11:37am PT  


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Repubs have no defense against Trump felonies alleged by Cohen; Hanoi Summit collapses with no deal; Netanyahu faces indictments; NC-9 GOP election fraud arrests; Judge blocks TX 'non-citizen' voter purge...
By Brad Friedman on 2/28/2019 6:39pm PT  

It's happening way too slowly. But, if you haven't noticed --- it's unclear whether Republicans have yet --- their "strategy" of simply ignoring and denying very real problems, from a wildly failed and corrupt Presidency to Earth's climate now on the brink of disaster, is no longer working. You can only ignore and deny and delay for so long before things just fall apart. It's a theme that comes up in a number of stories on today's BradCast. [Audio link to show posted below.]

Among the stories we cover today...

  • Fallout continues from Wednesday's bombshell Michael Cohen's testimony in the U.S. House Oversight Committee. According to conservative WaPo columnist Max Boot, evidence of at least five felony crimes by the President of the United States was offered under oath by Trump's former personal lawyer and fixer. Yet, Republicans don't seem to have a clue, according to Rightwing former NJ Governor Chris Christie, how to substantively respond. Describing it as a "fake hearing", as Trump did and hoping to tar Cohen as a "liar" only gets ya so far, particularly since Cohen already pleaded guilty to lying to Congress --- on behalf of Donald Trump! --- and is soon going to prison for it. His life would only gets worse if he lied to Congress again. So why would he? On the other hand, Trump has yet to face consequences for his unprecedented lies, cover-ups and felony crimes both before and after becoming President;
  • Speaking of Trump and lies, his second Summit with North Korean dictator Kim Jong Un in Hanoi, Vietnam abruptly collapsed on Thursday, ending early with no deal and no agreement signed as planned. Trump claims it was because the North insisted the U.S. lift all sanctions in exchange for the closure of its main nuclear site. The North claims Trump is lying. Who to believe? It should also be noted that Trump, the self-described great deal maker, continues to fail to make virtually any deals at all with anybody over the two years of his woeful if tumultuous Presidency.

    He also failed, once again, to condemn North Korea's brutal and atrocious human rights record, and even publicly sided with Kim over U.S. intelligence agencies (yet again), this time regarding the death of 22-year old American student Otto Warmbier after his imprisonment there. Trump said Kim told him he knew nothing about Warmbier's death and "take[s] him at his word" on that. But, as long as the unbalanced Trump still believes he's friends with Kim, we'll take that over the "fire and fury like the world has never seen" that 2017 Donald Trump had been promising when he threatened to wipe North Korea off the map;

  • Also today, in Israel, recommendations for felony indictments were announced by the Attorney General after a two year investigation of the dishonest, corrupt, Trump-supported, right-wing Prime Minister Benjamin Netanyahu, who is currently facing a tough upcoming election. Despite the corruption allegations, Netanyahu says he won't step down as PM amidst what he describes as an "unprecedented witch hunt" by "the left". (Sound familiar?);
  • Meanwhile, on Wednesday, while Cohen was testifying to Congress, McCrae Dowless and a number of his accomplices were arrested in North Carolina on charges related to absentee ballot election fraud on behalf of Republicans in the state. The long overdue accountability comes on the heels of last week's State Board of Elections hearing and unanimous vote for a new election in NC's 9th Congressional District. That, after Republican candidate and Baptist minister Mark Harris hired Dowless to run his absentee ballot campaign last year and lied about his knowledge of Dowless' tactics. The District Attorney who indicted Dowless and friends says more charges for "others", regarding the November 2018 general election, could be coming. Harris may want to do some heavy praying. The Board of Elections meets Monday to determine a date for the new election to fill the still-vacant U.S. House seat tainted by GOP fraud last year. Democrat Dan McCready says he plans to run again. The disgraced Harris says he won't;
  • And, more good news for voters on Wednesday, this time in Texas. A federal judge has ruled the state may not purge as many as 98,000 voters from the rolls after Secretary of State David Whitley and (criminally indicted) Attorney General Ken Paxton declared them to be non-citizens fraudulently registered to vote in the state. As became apparent just hours after Paxton announced Whitley's flawed list in a "VOTER FRAUD ALERT!", tens of thousands of those listed were revealed to have been citizens after all. That didn't prevent Trump from tweeting out the fake news as "just the tip of the iceberg", in order to falsely declare that "voter fraud is rampant". But it has now earned a reprimand from a federal court and will likely block Whitley's state Senate confirmation as SoS, if Democrats in the chamber keep their vow to block Governor Greg Abbott's former aide turned nominee. The federal judge found that just 80 of the 98,000 names were actually non-citizens;
  • Finally today, with the GOP's long-held Ignore and Deny strategy also falling apart on man-made climate change, Desi Doyen joins us for the latest Green News Report with news on that and much more, including some good news for solar power in Arizona for a pleasant change...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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By Desi Doyen on 2/21/2019 11:18am PT  


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IN 'GREEN NEWS EXTRA' (see links below): The Green New Deal: a centuries-old idea could revolutionize climate policy; >'Moment of reckoning': US cities burn recyclables after China bans imports; How EPA Wehrum’s former law firm profited from the fight to roll back air rules; Polar Vortex showed how much renewable energy storage may be needed; Is the 'insect apocalypse' really upon us?; MI Gov. Whitmer's new environmental order leaves 'polluter panels' in place— for now; Supreme Court Clean Water Act case could have big impact on coal ash disposal... PLUS: Video: 'We are entering into an unprecedented climate', say authors David Wallace-Wells and Dr. Michael Mann... and much, MUCH more! ...

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Trump paid Cohen to rig online polling; Giuliani moves the Russia goal posts (again); President throws tantrum at Pelosi; Government shutdown taking toll; And why Ocasio-Cortez is joyfully freaking out the GOP...
By Brad Friedman on 1/17/2019 6:26pm PT  

The federal government continue to spiral towards utter dysfunction under a President on the precipice of (take your pick). But one freshman Congresswoman provides a bit of a light at the end of the Trump tunnel. [Audio link to today's complete BradCast is posted below.]

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

  • Donald Trump's former personal lawyer Michael Cohen admits he paid a guy from Jerry Falwell Jr.'s Liberty University to rig online polls for Trump before he announced his candidacy in 2015. That, as Cohen is reportedly reconsidering his decision to testify to Congress next month in advance of his three year prison sentence, due to threats (witness tampering? intimidation?) by the President against him and his family. Trump failed to report the $50,000 payoff to rig polls to the FEC, which is yet another potential federal felony and/or article of impeachment for the sitting President. While the story should surprise no one at this point (remember, he also paid extras to cheer him on while announcing his candidacy at Trump Tower that year), its somehow still stunning and disturbing as yet another indication of just what Trump was likely willing to do, at any cost, to win in 2016;
  • Speaking of what Trump and his campaign were willing to do, his new personal lawyer, Rudy Giuliani, may have broken the Internet after his appearance on CNN Wednesday night, in which he moved the "collusion" goal posts by falsely claiming that neither he nor the President ever claimed his campaign --- if not Trump himself --- "colluded" with Russia. In fact, contrary to Giuliani's ridiculous assertions, both men claimed repeatedly that nobody on the Trump Campaign was involved in such an activity. As of Wednesday night, it seems, Trump's lawyer is officially backing off that claim on behalf of the President...for some reason;
  • Reverberations and consequences of Trump's nearly-month long federal government shutdown continue. As House Speaker Nancy Pelosi and a Congressional delegation were preparing to leave today for a secret trip to visit U.S. troops in Afghanistan, Trump, in retribution for Pelosi's threat to postpone his scheduled State of the Union Address during the shutdown, rescinded permission for the use of a military plane set to take Pelosi and the others on the overseas trip. You'll also be shocked to hear he lied about it all too;
  • Meanwhile, as more Congressional Republicans --- and even a top former Administration official --- are questioning the wisdom of shutting down the federal government over Trump's demand for $5.7 billion to begin building his southern border wall, senior citizens and people with disabilities are facing the threat of potential eviction in HUD and USDA subsidized housing across the country;
  • At the same time, the Administration is calling some 50,000 furloughed federal employees back to work without pay at agencies such as the FDA, FAA, and at the IRS as tax season begins;
  • But, speaking of taxes, there is a reason that Republicans are freaking out --- and lying --- about the recent proposal floated by Rep. Alexandria Ocasio-Cortez (D-NY) to raise the nation's top tax bracket to 70% on those earning more than $10 million: the proposal is wildly popular --- by double-digit margins --- across virtually every demographic and every area of the country. Thus, folks like Wisconsin's failed former GOP Gov. Scott Walker was out bragging on social media this week about lying to school children about how AOC's proposal would actually work, who would and wouldn't be affected by it, and by how much;
  • Finally, Desi Doyen joins us for the latest Green News Report, as Dems grill the Administration's new nominee/coal lobbyists tapped to head an Environmental Protection Agency (EPA) where pollution prosecutions have plummeted since Trump took office, while Australia faces yet another record heat wave, and as the business world slowly begins waking up to the mounting threat of climate change...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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By Desi Doyen on 1/17/2019 11:32am PT  


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IN TODAY'S RADIO REPORT: Senate Democrats grill Trump EPA chief nominee Andrew Wheeler in confirmation hearing; 'Code red' as historic heat wave grips Australia; EPA criminal actions against polluters hit 30-year low; Antarctica's ice sheets melting 6 times faster than in 1980s; PLUS: The business world is waking up to climate change impacts... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Some of the biggest green groups have cold feet over "Green New Deal" document; Cement: the massive CO2 emitter you may not know about; Permafrost melt, the most dangerous climate feedback loop, is speeding up; Trump replacement for Obama Clean Power Plan worse than doing nothing; Shutdown threatens to make this year's fire seasons even worse; Experts warned this floating garbage collector wouldn’t work. The ocean proved them right; Climate change is making it harder for young people to become farmers; Most coffee species at risk of extinction due to climate change, scientists warn; Indonesia lands remarkable victory with aggressive conservation measures... PLUS: Less beef, more beans - experts say the world needs a new diet... and much, MUCH more! ...

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With Trump's own intel agencies warning of election hacks and the White House contradicting them, disturbing new revelations of voting system vulnerabilities may help explain a 2011 BRAD BLOG exclusive report...
By Brad Friedman on 7/19/2018 6:43pm PT  

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

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

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

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

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

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

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

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

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

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