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Latest Featured Reports | Sunday, May 9, 2021
Next 'Big Lie' Audit to be NH (But Won't Be Like AZ Clown Show): 'BradCast' 5/7/21
Also: Never listen to Frank Luntz; Newsmax admits Dominion 'fraud' claims were phony...
'Bamboo'zled in AZ; 95% Renewable Energy in CA: 'BradCast' 5/6/21
Guest: L.A. Times energy reporter Sammy Roth: Also: DeSantis signs new FL voter suppression bill on Fox 'News'...
'Green News Report' 5/6/21
  w/ Brad & Desi
Earth's new normal gets hotter; Bad glacier news; Nestle stealing CA's water; Flaws in CA carbon offset program; PLUS: Biden cancels Trump border wall, repairing enviro damage...
Previous GNRs: 5/4/21 - 4/27/21 - Archives...
Fraud and Death Throes at the NRA: 'BradCast' 5/5/21
Guest: NRA expert, author Igor Volsky of Guns Down America; Also: Minors held at border down 90%, media downplays; Trump still grifting tax-payer money via Secret Service detail for kids...
FL's New Anti-Voting Bill Also Threatens Officials with $25K Fines: 'BradCast' 5/4/21
Guest: Former FL voting chief Ion Sancho; Also: L.A. County has zero COVID deaths two days in row as CA numbers plummet...
'Green News Report' 5/4/21
  w/ Brad & Desi
Biden makes history with climate-focused Congressional address; New report finds reduction of methane crucial for climate; PLUS: WA State adopts landmark cap and trade law...
Previous GNRs: 4/27/21 - 4/22/21 - Archives...
How Cyber Ninjas' Own Docs Reveal Their Steal in AZ: 'BradCast' 5/3/21
And some truth about 2nd COVID shots; Also: Special election goes poorly for Ds in TX; Musical Marsh family brightens our pandemic; Callers ring in on 2nd shots...
Sunday 'Whopper, Side of Lies' Toons
There's plenty to choose from on the menu, in PDiddie's latest collection of the week's best political toons...
Strong Women Rule!: 'BradCast' 4/30/21
Guest host Nicole Sandler with Sen. Mazie Hirono (D-HI) and Ruth Bader Ginsberg's co-author Amanda L. Tyler...
With Reaganesque Optimism, Biden's Address Signals End of Reagan Era: 'BradCast' 4/29/21
Special coverage with Salon's Heather Digby Parton, Pro Left Podcast's 'Driftglass'...
Inside the GOP/Cyber Ninja's Maricopa, AZ Audit/Recount: 'BradCast' 4/28/21
Guests: John Brakey of AUDIT USA, Ray Lutz of COPs from inside the 'secret' RW tally and forensic probe of 2.1M 2020 ballots, why so little transparency, and why it all matters...
Dems Must Use Progressive Policies to Shift Political Power: 'BradCast' 4/27/21
Guest: CUNY's Deepak Bhargava; Also: Biden ups fed contractor min. wage to $15/hr; Fox's new 'red meat' lies...
'Green News Report' 4/27/21
New climate targets not enough; GOP's tiny infra-structure proposal; EPA revokes Trump attack on CA emissions rules; PLUS: Fox admits no Biden burger ban...
Grading Joe at 100 Days:
'BradCast' 4/27/21
Also: Biden declares Armenian 'genocide'; SCOTUS takes up guns; DoJ probes KY police; Admin's hunger program; AZ's non-transparent 'recount'; Callers assess Biden...
Sunday 'A Stone of Hope' Toons
PDiddie's latest -- and almost, partially, kind of optimistic (a little) -- collection of the week's best toons...
'Barbaric' SCOTUS Decision Blows Away Precedent on Juvenile Justice, Offers Dark Warning: 'BradCast' 4/23/21
Guest: Slate's Mark Joseph Stern; Also: Biden polling; Young voters hopeful again on future...
'Green News Report' 4/22/21
Biden doubles US emissions targets; EU and Britain accelerate emissions cuts under the Paris Agreement; PLUS: Rep. AOC, Sen. Markey re-introduce the GND...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Marilyn Marks of Coalition for Good Governance; Also: Team Trump attorney responds to Dominion defamation suit by claiming 'no reasonable person' could have believed her false conspiracy theories...
By Brad Friedman on 3/24/2021 6:46pm PT  

We've been doing our best on The BradCast, to keep you up to date with the various attempted assaults on voting rights that Republicans are trying to enact in dozens of state legislatures around the country, in response to Donald Trump's evidence-free Big Lie that the 2020 election was somehow stolen from him. But what is going on in Georgia right now, where lawmakers are attempting an extraordinary power grab to essentially give themselves control over entire elections and their results, is even worse and more disturbing than you have likely heard. [Audio link to full show follows summary below.]

First up today, however, speaking of fraudulent claims about fraud in the 2020 election, Team Trump attorney Sidney Powell filed her response to Dominion Voting System's $1.3 billion defamation suit [PDF] against her, and it's fairly hilarious.

Her Motion to Dismiss [PDF] includes her defense that "no reasonable person" could have interpreted her outlandish claims that Dominion's voting and tabulation systems were used to steal the election for Joe Biden via a massive international conspiracy (bastardized and reimagined, in no small part, from my decade-old accurate, exclusive reporting on several voting machine companies tied at one point to Venezuela) were actually "statements of fact". Her four failed "Kraken" lawsuits, and countless appearance on wingnut media making such claims, she now appears to be arguing, were little more than her political opinion, which nobody could have mistaken for facts. Therefore, she argues, she cannot be held accountable under the First Amendment. Good luck with that, Sidney. Clearly, voters in Stark County, OH and in the state of Louisiana --- "reasonable" or not --- bought into her lies, as a mountain of complaints about Dominion since the election has resulted in both jurisdictions ending their consideration of multi-million contracts with the Canadian-based voting equipment vendor.

Powell's repeated fraudulent fraud claims and those by Trump himself following the 2020 election have had other real world consequences, including the deadly MAGA Mob attack on the U.S. Capitol in January to try and "stop the steal", as well as now hundreds of voter suppression bills being pushed by GOP lawmakers in more than 40 states.

As Georgia's legislative sessions comes to an end next week, there has been a dizzying flurry of proposals in both the state house and senate to target voting, mostly effecting minority voters. Last week, a two-page GOP bill on absentee ballot applications was substituted at the last minute by Republicans with a 93-page omnibus bill that includes dozens of new voting restrictions and reforms. The measure was revealed to Democratic state lawmakers and voting rights advocates just one hour before a committee hearing for it in the state House of Representatives.

Stacey Abrams' Fair Fight Action group described the measure as "A desperate power grab to appease insurrectionists and losing political candidates." The bill, according to Georgia Public Broadcasting, introduced dozens of new restrictions including "including banning people from giving food and water to voters waiting in line, limiting early voting days for larger counties, and adding ID requirements to absentee ballots."

Many of those provisions have received a fair amount of public attention over the past week, including the attempt to end Sunday "souls to the polls" voting, which is popular with religious Black voters who traditionally head to the polls en masse after church services. That provision, and an attempt to scrap no-excuse absentee voting, have both now been withdrawn by Republicans after public backlash, according to our guest today. But, she is now far more concerned with a, so far, little noticed provision that would allow the partisan, legislature-appointed State Board of Elections to undermine and even reverse elections results in any county in the state by replacing any bi-partisan County Elections Board with a single person of their choosing, for virtually any reason they like.

One of our longtime go-to sources on Georgia election disasters, MARILYN MARKS of the Coalition for Good Governance, joins us for the first time in the new year to sound the alarm bell on that provision, and a few others which, she warns, are not receiving nearly enough attention from the public.

"It's hard to express the danger of what it is they are trying to do," she tells me, explaining how the State Board of Elections (currently a five-person board, with one Democrat) would "be able to take over any County where they don't like how the County is counting the votes, how the County's election processes work...really with no due process. With just a few minor violations --- which anybody can find with any County --- the State Election Board can come swooping in [and] put their partisan appointee in the place of the public Board. They wipe out the public [County] Board of Elections and put one person in charge."

If that measure had been in place during 2020, she warns, it could have been used to overturn election results in, say, Fulton County (Atlanta) at the whim of partisans on the State Board.

As were speaking today, the New York Times published an article warning about this very issue as well, quoting Abrams charging that "Republicans are brazenly trying to seize local and state election authority in an unprecedented power grab." Echoing Marks, Abrams warns its "intended to alter election outcomes and remove state and county election officials who refuse to put party above the people."

"They could literally send in their appointee, fire all of the election board, have no more public meetings, conduct all of the balloting behind closed doors, certify whoever they wanted to as the winner, and there's hardly anything that could be done about it," Marks explains. "They are trying to make that law."

She also details how the GOP attempt to change mail-in ballot authentication from using signatures --- a system that now works well in the Peach State, she says --- to using things like drivers license numbers, will actually make absentee ballot fraud easier rather than more difficult. Marks, a longtime Republican (though not any more), explains that her attempts to warn GA's GOP lawmakers about this seems to be getting dismissed because, she says, those lawmakers don't seem to actually care about fraud. They are more interesting in sayiing they did something to respond to their constituents' unsupported belief that signature verification is being easily defeated by fraudsters. (Now where would those folks have come up with that idea?)

"They shake their head and say, 'You're right. This does degrade security. But the Secretary of State [Brad Raffensperger] wants this, and everybody is marching to his tune, and we know we are going to get all sorts of hell when the voters find out what we're doing, but we feel under such pressure to do something.' ... They're going to do 'something' even if it's wrong," Marks insists.

We also discuss her long-standing federal lawsuit to try and decertify the 100% unverifiable touchscreen voting systems made by Dominion Voting Systems that Raffensperger deployed statewide for the first time last year. He did so after the Coalition's lawsuit resulted in a 2019 ruling by a federal judge that the state's previous, 100% unverifiable touchscreen voting system made by Diebold was both unverifiable and unsecure and, therefore, unconstitutional. Marks offers a status report on the case, as she hopes for an eventual ruling on the Dominion machines similar to the one that ended the state's use of the older, similarly vulnerable Diebold systems. And no, she explains, though she has been very tough on Dominion's systems over the years, she is not concerned about a defamation lawsuit from the company akin to the ones filed against Powell and Rudy Giuliani by the voting system vendor.

"We don't allege things that we don't have very solid proof of," she says. "We have the nation's top security experts working with us under penalty of perjury. We work in fact, not ridiculous allegations like Sidney Powell's group"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Ari Berman of Mother Jones; Also: TX Repubs step on the gas to blame green energy for their own fossil fueled freeze failure; Radio propagandist Rush Limbaugh is dead, but his national poison lives on...
By Brad Friedman on 2/17/2021 6:50pm PT  

On today's BradCast: Talk radio con-man Rush Limbaugh may now be dead, but his toxic legacy lives on in virtually every element of the nation's poisoned body politic. The consequences are all too apparent even today amid the deadly winter storm that has knocked out power across Texas and the avalanche of new voter suppression laws being pushed by Republicans following their loss of the White House in 2020. [Audio link to full show is posted below summary.]

First up today, after three decades of brainwashing a generation of Americans by dominating the nation's public airwaves with far-right, racist, misogynistic, extremist propaganda and lies, Limbaugh is dead from lung cancer at the age of 70.  Using his considerable broadcasting skills to pump dishonest evil into the brains of gullible listeners, he endangered the nation and the planet itself by scamming an entire segment of the populace to the theoretical benefit of the Republican Party that he may have helped to ultimately destroy. I've got a few thoughts on that today.

Next, the influence of Limbaugh reverberates throughout the crisis facing millions of Texans  who are, right now, continuing to face freezing conditions without power (and water in some cases) for days, thanks to the 1999 deregulation of the power grid in Texas by GOP lawmakers who put corporate profit above the general welfare of their own residents. Rather than accept personal responsibility for their failures, Texas Republicans and the propagandists who support them on outlets like Fox "News", have been going full throttle over the past two days to somehow (falsely) blame the state's nascent wind energy industry for the widespread outages. That, even though wind supplies, at most, about 20 percent of the Lone Star State's energy needs, while thermal sources, like natural gas, coal and nuclear --- which all failed due to lack of winterization (thanks to lack of state regulation) --- were, by far, the biggest source of failure.

But don't tell that to Ditto-Heads like the now-former Mayor of Colorado City, TX, Tim Boyd, who railed at his own constituents seeking help without heat or water for days. "No one owes you or your [sic] family anything; nor is it the local governments [sic] responsibility to support you during trying times like this! Sink or swim, it’s your choice!,"  he raged on Facebook in response to members of the community wondering if warming shelters would be opened or how firefighters could respond with the town's water system shut down. "This is sadly a product of a socialist government where they feed people to believe that the FEW work and others will become dependent for handouts," the Mayor said in words that would have been music to Limbaugh's deaf ears. "Bottom line, quit crying and looking for a handout! Get off your ass and take care of your own family!"

Of course, even the state's Republican Governor Greg Abbott appeared to admit on Twitter on Monday that the problem was "natural gas and coal generators" that had been "frozen", before somehow going on to blame the non-existent Green New Deal for Texas' woes by the time he appeared on the show of Limbaugh's fellow propagandist Sean Hannity on Fox "News" Tuesday night.

So, how and when can these corrupt, corporate-socialists finally be voted out of office? It may not be easy given that, as NYU's Brennan Center for Justice recently reported [emphasis iin original]: "In a backlash to historic voter turnout in the 2020 general election, and grounded in a rash of baseless and racist allegations of voter fraud and election irregularities, legislators have introduced well over four times the number of bills to restrict voting access as compared to roughly this time last year. Thirty-three states have introduced, prefiled, or carried over 165 restrictive bills this year (as compared to 35 such bills in fifteen states on February 3, 2020)."

We're joined today by Mother Jones' senior reporter and voting rights journalist ARI BERMAN, author of the landmark 2016 book, Give Us the Ballot: The Modern Struggle for Voting Rights in America, to discuss what he characterizes as "an avalanche of new laws" amounting to "the most concerted attempts to roll back voting rights since the passage of the Voting Rights Act in 1965."

Berman explains the new flood of bills by GOP lawmakers to make voting more difficult --- for certain voters --- in battleground states like Georgia, Pennsylvania, Arizona and many others, where measures are being pushed to end no-excuse absentee voting and automatic voter registration, among other previously established rights. In Arizona, more than 40 such schemes have been proposed by Republicans, including one that Berman says would "allow the legislature to just nullify the will of the voters and appoint their own Presidential electors anytime they want. It basically would make the Presidential election completely irrelevant, in terms of what the voters actually voted for."

These efforts all come in the wake of Donald Trump's evidence-free claims of "massive voter fraud" in the 2020 election. In many instances, says Berman, GOP state legislators are even attempting to reverse expansions to the franchise that they themselves had recently adopted and boasted about at the time. "The Republican Party is now trying to weaponize those bogus fraud claims, to lay the groundwork for getting rid of the system that they wrote, instituted and took advantage of, until it didn't benefit them anymore," he tells me.

We also discuss how a number of these new restrictions may be unstoppable at the state level and would require Democratic efforts at the federal level --- such as H.R.1 (the "For the People Act") and H.R.4 (the "John Lewis Voting Rights Act") --- in order to prevent them from suppressing the vote in both 2022 and 2024. Of course, to pass those federal laws, Democrats in the U.S. Senate will almost certainly have to do away with the undemocratic filibuster, since Berman suggests it's inconceivable that 10 Senate Republicans would join the effort to ensure equal and fair voting rights to all Americans.

So, yes, we also discuss what might be needed to overcome Democratic objections to ending the "Jim Crow relic" filibuster by Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona, both of whom have vowed to keep it in place. "This is a big fight brewing," Berman argues, along with a few suggestions as to how this could play out. "But right now we're seeing an existential threat to democracy and also a very real threat to the power of the Democratic Party.  At some point, they're going to have to choose."

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Guest: Former federal prosecutor Ben Clements; Also: Capitol Police officer dead after riot; Pelosi demands Trump resign or face second impeachment; Dominion files $1.3B defamation suit against Powell...
By Brad Friedman on 1/8/2021 8:24pm PT  

The walls are closing in very quickly now --- even throughout our hour today --- on the man who President-elect Joe Biden correctly, if generously, described today as "not fit to serve" and "one of the most incompetent Presidents in the history of the United States of America." As we go to air, Donald Trump is still in office. We can't tell you for certain if that will still be the case by the time you hear today's BradCast. [Audio link is posted at bottom of article.]

On Thursday night, U.S. Capitol Police officer Brian Sicknick succumbed to injuries sustained during the attempted coup at the Capitol on Wednesday, as incited by Trump. He was the fifth person to have died amid the mayhem wrought by our outgoing criminal President. Sicknick's death, which Trump didn't bother to mention today, may add yet another crime --- conspiracy to incite murder or manslaughter --- to Trump's quickly growing rap-sheet.

On Friday morning, House Speaker Nancy Pelosi issued an ultimatum. Either Trump resigns now or new Articles of Impeachment will be filed on Monday. That, as the Administration rats continue to flee his sinking ship, with more resignations and the welcome news that sore loser Trump will not attend Biden's inauguration and plans to leave D.C. as of the day before. "Good riddance," we say, in echoing the two word statement issued by the American Federation of Teachers last night upon the news that Education Secretary Betsy DeVos was also quitting (though only after four convicted murderers and war criminals who worked for her brother received Presidential Pardons.)

More on Trump's growing legal perils and calls for accountability with my guest today, but first a few words on the news that Dominion Voting Systems has filed a $1.3 billion lawsuit against Team Trump attorney  and his fellow perpetual liar and con-artist Sidney Powell. The private voting systems vendor charges Powell led a campaign to spread "wild" and "demonstrably false" claims about the company, including lies about their voting systems being developed with communist money in Venezuela by the late Hugo Chavez and, with the help of George Soros and China and Cuba, being used to steal the election for Biden.

(Her absurd Venezuela/Chavez claims are bastardized and re-imagined versions of my detailed, accurate, exclusive investigative reporting at The BRAD BLOG from approximately 2008 to 2010. And, while I've been wildly critical for many years of Dominion's unverifiable voting systems, as deployed by Georgia's Republican Sec. of State, there is nothing to support Powell's fantastical claims, including her evidence-free assertions that the state's SoS and Governor received kickbacks from the company to deploy their machines in the Peach State, for the first time, in 2020.)

Dominion, which previously warned they were likely to sue for slander and defamation if Powell did not retract her false claims (she refused and "doubled down" instead, according to the 124-page complaint [PDF]), also has sent similar warnings to other Team Trump liars such as Rudy Giuliani, Fox "News", Newsmax and One America News. They suggest they may even sue Trump himself. We'll hope they do, even if I'm called to testify by the private election vendor which should have no place in our public election system.

But, for now, according to our guest today, Constitutional expert and former federal prosecutor BEN CLEMENTS, Board Chair and Senior Legal Advisor of the non-partisan government accountability group, Free Speech for People (FSFP), it's accountability for the "seditious" President of the United States that is of the greatest immediate concern.

Clements, along with FSFP's  John Bonifaz and Ron Fein, filed an op-ed in the Boston Globe on Tuesday --- the day before the Trump-instigated insurrection at the Capitol on Wednesday --- calling for Trump to be immediately impeached for a second time.

"At the time we wrote the op-ed, we were only dealing with the first major set of felonies that the President committed this week, in the effort to falsify the Georgia election results in his favor," he tells me today, referring to last Saturday's phone call by the President to GA's Sec. of State, cajoling and threatening him to "find" enough votes to steal the election for him there. (Yes! That was just this past week as well!) "At this point, we obviously have a second set of felonies in connection with his incitement of a seditious mob on Congress, which creates an even greater urgency."

But the reason Clements is calling for a second impeachment this late in Trump's term is because, as he explains: "There is really, for the most part, only one sure way to ensure that Donald Trump is not permitted to again run for office in this country...And that way is through the impeachment power.   If the Senate convicts, an official can be removed, but they can also be disqualified from ever holding federal office again. Aside from removal, which is now needed more urgently than ever, there is the need to disqualify him, to prevent him from running in 2024, or from running for anything else at any time in the federal government."

With just 12 days left before Biden's Inauguration, is there even enough time for such a proceeding?  As Clements, who authored a book with Bonifaz and Fein called The Constitution Demands It: The Case for the Impeachment of Donald Trump, details that impeachment and a Senate trial can happen even after an official is out of office. Indeed, as he (and his op-ed) recounts, there is even historical precedent for it.

We also discuss whether the Constitution allows for a Presidential self-pardon, whether Trump will try to execute one, whether lawful or not, and as FSFP called for yesterday, the need for Joe Biden's Attorney General-designate, Judge Merrick Garland, to immediately empanel an independent task force, once confirmed, to coordinate and investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."  Clements argues that, without public pressure, Democratic Administrations have had a tendency in the past, when taking office "after a corrupt and sometimes lawless Republican administration" to make a "a quick call to 'turn the page.'"

"We are hearing those calls broadly already," he says. But "if we really want to move forward, if we really want to restore the integrity of the Department of Justice, there must be accountability for the crimes of this Administration and particularly of Donald Trump. And there must be accountability for the destruction that he created to our democracy and to the Department of Justice. The reason we're calling for this is there is a risk that there will be this temptation to say 'he's out of office and let's move on.' And I think that would be a GRAVE mistake that will invite more lawless activity, that will invite more of the kind of activity that we saw on Wednesday with the attack on the Capitol."

As we chatted, news came in that Alaska's Republican Senator, Lisa Murkowski, is now calling for Trump to resign, declaring "I want him out" and threatening to leave her party if they continue to align with him. And Twitter finally did the right thing (years belatedly) by permanently banning Trump, citing the risk of further incitement of violence.

It's going to be a very dark weekend for Trump. But, for us, we close a dark week today with a long overdue, brand new and hilarious parody tune for the seditious moment, from the great Randy Rainbow! Enjoy!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Lauren Windsor of 'The Undercurrent'; Also: Trump's escape to Scotland?; How GOPers plan to challenge Biden's victory Wednesday...
By Brad Friedman on 1/5/2021 7:10pm PT  

Today on The BradCast: The last vote of the '2020' election has now been cast with Georgia's two U.S. Senate runoffs now over. The voting part anyway. Now the counting, fighting and complaining begin. [Audio link to full show follows below summary.]

We received mixed reports from on the ground in Georgia today. The state's voting systems manager, Gabriel Sterling, told the Atlanta Journal-Constitution that Election Day in the contests that will determine partisan control of the U.S. Senate went very smoothly on the state's 100% unverifiable touchscreen voting systems made by Dominion and forced on in-person voters in the state for the first time in 2020 by their Republican Sec. of State, Brad Raffensperger. Lines to vote, according to Sterling were short in most places, though as long as 30 minutes at some Atlanta metro area voting stations. Other sources on the ground in the Peach State told us that lines in some places that were longer than for the Presidential general election back in November. Given there were just three races on the ballot (two for U.S. Senator, one for a Public Service Commissioner), there shouldn't have been any lines at all to speak of. Nonetheless, the 'Rube Goldberg' touchscreen computer ballot marking devices and the computerized pollbooks and computerized scanners that are used with them --- instead of a much simpler, verifiable, reliable hand-marked paper ballot system --- always take longer to cast a vote. They also, as usual, created problems for voters in several counties, with misprogrammed access cards and other reported failures. Emergency hand-marked paper ballots were said to have been deployed in some cases, as needed.

We try to read some of the tea leaves from today's reports, as to what it all may mean, while we wait for results that could come tonight....or over the next several days.

We're joined today from on the ground in Georgia by LAUREN WINDSOR, journalist, Executive Director of American Family Voices, producer of the grassroots political web-show, The Undercurrent, and, apparently, "operative", according to a report by the Atlanta Journal-Constitution. Windsor has been in the state for the past month with her producer, bird-dogging incumbent Republican millionaires and Senators Kelly Loeffler and David Perdue, regarding their respective stock market windfalls amid the COVID epidemic. They are running against Rev. Raphael Warnock and Jon Ossoff, respectively.

She's been there as Trump has made a mess out of the runoffs, which he described over the weekend as "illegal", before showing up at a rally in the state, supposedly for Loeffler and Perdue on Monday night, not long after he confused matters further by calling for $2,000 COVID checks for Americans after Republicans (including the two GA incumbents) had insisted on $600 checks.

Windsor has broken a number of stories over that time, including last month when, as AJC documented, Perdue lied to her by claiming he planned to challenge Joe Biden's electoral vote count in the Senate tomorrow --- even though his term ended on January 3 and won't begin again until this year's election is decided and certified. Trump retweeted her tweet reporting Perdue's lie and his campaign then retweeted the President's tweet. There is apparently nobody left in the Republican Party who cares about telling the truth.

Both Perdue and Loeffer, she tells me, are "trying to have it both ways with regards to supporting the Electoral College challenge. Now they're trying to have it both ways with supporting the $2000 relief checks. They're saying, 'We'll tell you that's what we want, but we're actually going to work with McConnell to make sure it won't happen.'"

She shares of number of stories from her adventures over the past month covering both millionaires Perdue ("this guy owns a home within a gated community that's within a gated community.") and Loeffler ("It wasn't exactly a 'rag to riches story' for Kelly Loeffler. It was more of a 'riches to riches' story.) And Windsor also has some thoughts on the failure of Republican hoaxster James O'Keefe --- who she has also been bird-dogging for years now --- to deliver his promised "bombshells" on Democratic "voter fraud" in the 2020 cycle. Windsor also offers her careful prediction for how today's critical contests will ultimately shake out.

Also today, we enjoy a rare bit of speculation on Donald Trump's future, following a curious story out of Scotland Monday reporting that the tiny airport near Trump's failing Turnberry Golf Resort is set to "expect the arrival of a US military Boeing 757 aircraft" on January 19th, the day before Biden is to be inaugurated. Hmmm....

And, speaking of speculation, Politico has a few scoops on what House and Senate Republicans are planning for their challenges at Wednesday's joint session of Congress to the affirmation of Biden's Electoral College votes in at least three states (perhaps as many as six) during their desperate, last-ditch --- most likely futile, definitely sore-loser --- effort to overturn the 2020 Presidential election and/or make a name for themselves as 2024 Presidential contenders and/or ruin their chances all together in the bargain. We shall see. Suffice to say, Wednesday is likely to be a very long day, as we have long been warning.

Finally, Desi Doyen joins us for our first Green News Report of 2021! With a whole bunch of stories we were unable to cover while off last week, including several new parting gifts from the Trump Administration, such as "bomb" trains and more asthma attacks for children, as well as some much better news for humanity and the planet out of Japan...

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Guest: Democracy activist, legal scholar Paul Lehto; Also: New Congress, same old problems; Former SecDefs issue warning about Trump; Unhinged President's unhinged phone call threatening GA's Sec. of State...
By Brad Friedman on 1/4/2021 7:39pm PT  

After a not-nearly-long-enough break, The BradCast is back for the new year, when everything will be entirely better than the old year, right? Well, if the last several days of insanity that we now refer to as "news" is any indication, the answer is: "Not so much!"  It will be impossible to adequately cover all we discussed on today's program in today's summary. But, we'll give you the basics here and hope you tune in for the full story. [Audio link to full show is posted below summary.]

While we were off, both houses of Congress overrode Donald Trump's ridiculous veto of the "must-pass", $780 billion National Defense Authorization Act to fund the military for another year. But GOP Senate Majority Leader Mitch McConnell was nonetheless successful in preventing Americans from receiving $2,000 pandemic checks, despite best efforts of Democrats, a tiny, uninspiring handful of Republicans, and even Trump himself. That, as the nation clocked an unfathomable 350,000 COVID deaths, which is the equivalent of blowing up about 17 sold-out NBA arenas and killing every single person in every single one of them, or 115 9/11s over the past 10 months in the U.S.

With that, the new 117th Congress convened for the first time on Sunday, with a narrow majority for Republicans in the Senate (pending Tuesday's two U.S. Senate runoffs in Georgia) and with a narrow majority for Democrats in the House, where they elected Nancy Pelosi as Speaker for another two years.

Despite all of that pretty big news, it all seemed to pale in comparison to Donald Trump's ongoing electoral death rattle. With concerns about how our unstable President may react as his days in office dwindle, every living former Defense Secretary (10 of them, Republican and Democratic, including the two fired by Trump and even Dick Cheney, who was apparently concerned enough that he reportedly led this effort), published a short, sharp group op-ed, making it crystal clear that any "efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory," and that "civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic."

Even as that was being published on Saturday, Trump was on the phone for an unhinged hour with the Republican Secretary of State of Georgia, haranguing, threatening and cajoling him to change the state's Presidential election results to award the state's electoral college votes to Trump. We play part of that call, which may have been in violation of both state and federal laws, on today's show. We do not do it justice. The Washington Post has published the full bonkers audio and transcript, including Trump's long-ago debunked fraud claims and repeated false assertions that he won the state by about a half million votes (he lost it by about 12,000) and that he just wants "to find 11,780" votes to "win" the state.

The news of that madness came on Sunday, as Georgia will have it's last day of voting in two U.S. Senate runoffs to determine partisan control of the Senate for the next two years on Tuesday, and as the new Congress meets in a joint session on Wednesday, January 6th, to affirm (or not) the results of Biden's Electoral College victory over Trump by a seemingly comfortable 306 to 232 margin.

Over the weekend, however, more than a dozen Republican U.S. Senators led by 2024 hopefuls Josh Hawley of MO and Ted Cruz of TX, announced they intend to challenge the Electoral College results on Wednesday during what is normally a pro forma procedural affair presided over by the President of the Senate (Vice President Mike Pence, in this case).

And this bring us to crux of where we are and what could happen on Wednesday, as Republicans continue to claim --- through failed lawsuits and other protests --- that the Electoral College Act (ECA) of 1887, which has determined the procedure to be used on Wednesday for about 150 years and 33 Presidential elections without question, is somehow a violation of the Constitution's 12th Amendment.

If Republicans can figure out how to make this argument on Wednesday --- with Pence potentially holding the reins to help them --- we could find ourselves in a Constitutional quagmire leading to....lord knows what.

We're joined today to help explain all of this madness by longtime election integrity advocate, election law scholar and democracy activist, PAUL LEHTO. He argues that, despite so many claims to the contrary (by many of the same folks who said that Trump could never become President back in 2016, by the way) there is, in fact, still a "path" for Trump and his Republicans to steal the election from Biden on Wednesday.

Tune in for the details, but it has to do with how the 12th Amendment says that questions about the validity of Electoral Votes should be dealt with (via a one vote per state vote in the U.S. House), versus how the ECA handles such challenges (with a regular, up or down majority vote in both houses needed to support such a challenge.)

Why is this even a question at this point? Lehto explains in detail.

He also cites the lesson that we should learn from all of this madness: "What we should learn is that what you and election integrity activists have talked about now for decades is coming home to roost," Lehto explains. "And that is that a big, big part of this is the inherent uncertainty when votes are purely processed through computers. Nobody really knows --- until there's a hand recount --- what the result is, and partisan people can attach to that uncertainty and that doubt any theory that they wish to in order to keep hope alive."

"So we need a voting system that leaves no doubt as to that result . And in order to have that you have to have transparency," he says, adding: "Basically, this is all the chickens coming home to roost, in terms of our non-transparent voting system."

There's more. But, again, you'll need to tune in for it. Happy New Year?...

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Guest: Slate legal reporter Mark Joseph Stern on recent cases, Bill Barr, Kris Kobach and accountability for TX' attempt to overturn the election; Also: GOP now eating its own with GA's U.S. Senate runoffs underway...
By Brad Friedman on 12/15/2020 7:54pm PT  

On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

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Guest: Voting system expert, federal plaintiff Marilyn Marks of Coalition for Good Governance...
By Brad Friedman on 12/10/2020 8:22pm PT  

On today's BradCast, some real facts on the real concerns about Dominion Voting Systems' unverifiable computerized voting machines in Georgia --- what we know (and don't) about what happened with them during the 2020 Presidential election in November; what concerns that voters of all parties should have about them before the two critical U.S. Senate runoffs in the Peach State in January which will determine partisan control of the U.S. Senate; and what all Americans can do about it. [Audio link to full show is posted beneath summary.]

But, first up today, a few quick --- and somewhat related --- news items today. On Wednesday, the U.S. tallied a heartbreaking record 3,124 COVID deaths, making it the fourth most deadly day in U.S. history after the Galveston Storm of 1900, and the Civil War battles of Antietam and Gettysburg. Wednesday saw more Americans die from COVID than those killed on September 11, 2001, which had previously been the nation's fourth most deadly day. The next most deadly single days in the U.S. thereafter are now, in order, last Thursday, last Wednesday, last Friday, last Tuesday and Pearl Harbor.

At the same time this week, Donald Trump has been throwing crowded, indoor, holiday parties at the White House, lying to guests, without a mask, that his election was stolen, and the Texas lawsuit filed this week would prove it to his stolen and packed U.S. Supreme Court, somehow. It's as if the worst pandemic in more than a hundred years doesn't even exist because, after all, there's an election to be stolen and several centuries of American democracy to be undermined during the holidays.

As to that absurd Texas case filed by the criminally indicted Attorney General of Texas, Ken Paxton, (which we explained in great detail on yesterday's BradCast), 18 GOP controlled states have now joined the Lone Star State in support of tossing out the election results in Wisconsin, Michigan, Pennsylvania and Georgia, despite any evidence of fraud in those states that could possible overturn Joe Biden's certified win in each of them. But, much less reported today, is the fact that more than 20 U.S. states and the District of Columbia have joined those four targeted states in opposing the corrupt Paxton's transparent effort to win a pardon from the corrupt Trump, before the FBI drops new federal charges for bribery and abuse of power on the Texas AG.

Yes, the Texas case is absurd and offers an unprecedented, radical interpretation of the U.S. Constitution in hopes of stealing the election for Trump. As Pennsylvania's Attorney General, Josh Shapiro, has correctly argued, "The Court should not abide this seditious abuse of the judicial process." But we also now have an unprecedented, radical bunch of Justices sitting on the bench at SCOTUS. Anyone who tells you they know how those Justices will rule on this case is simply making things up.

In the meantime, there remain very real concerns about Georgia's voting system, just not the phony ones that Team Trump and the MAGA Mob have decided to focus on (read: lie about.)

Today, for the first time since before the November 3rd election, we're joined by voting systems expert MARILYN MARKS, Executive Director of the nonpartisan, good government watchdog group, Coalition for Good Governance. As a plaintiff in the long-running federal lawsuit seeking to bar Dominion Voting Systems' new, unverifiable touchscreen systems from use in the state, Marks has been one of the longest and loudest critics of both the private Canadian-based voting system vendor and the state's Republican Sec. of State Brad Raffensperger who contracted them. (Her same federal suit already resulted in a federal judge, last year, banning the use of the state's 20-year old, unverifiable Diebold touchscreen systems.) Raffensperger defied both election integrity and cybersecurity experts by purchasing Dominion's unverifiable $100+ million systems instead of a hand-marked paper ballot system as recommended by the experts. And now, Team Trump is exploiting Raffensperger's ill-considered decision to make all sorts of unfounded claims about them.

That said, because these systems are unverifiable, it's next to impossible to know that they accurately recorded the intent of any of the voters who are forced to use them at polling places across the state --- something that Marks (and us) warned about long before Republicans decided to pretend they were concerned about "election integrity" and invented a ridiculous worldwide conspiracy led by Dominion to steal the election from Trump.

In addition to cribbing from and bastardizing some of The BRAD BLOG's decade-old, independently verifiable investigative reporting about Dominion to create their ridiculous conspiracy regarding Venezuela's dead President Hugo Chavez helping to steal the election from Trump, the same MAGA Mob has been stealing from and lying about Marks' long-running federal law suit to try and make their case in court.

"We have seen, in Sidney Powell's lawsuits, fabrication after fabrication," Marks tells me. "I sit there and read these documents, cringing at the lack of facts. They even take things from our documents, like experts' reports, then add craziness to them, literally change facts that were attested to by our experts and make them completely false."

In light of all of that, among the question Marks speaks to today: Is there any evidence that Dominion Voting Systems touchscreens or tabulators were, in fact, used to flip votes from Donald Trump to Joe Biden in Georgia? Her answer may surprise you! If you've listened to The BradCast while we've covered this issue with Marks and others for years, it may not surprise you.

We have covered Georgia on this program and at BradBlog.com so long and in so much detail for a reason. The state, she notes "has been the poster-child for all that is wrong with US elections. It's all concentrated here. And now it's the center of the universe."

Marks also speaks to whether Americans and residents of Georgia should have confidence in the reported results from the November election, and what if anything, can be done to ensure confidence in the results of the critical January 5th U.S. Senate runoffs in the state.

For those with actual concerns about those runoff elections --- which doesn't actually seem to include many of the Republican sore losers complaining about the November results and an evidence-free "Dominion Conspiracy" --- Marks asks listeners to urgently, and politely, email both the Speaker of the GA House, David Ralston, and GA's Sec. of State Raffensperger to urge them to allow HAND-MARKED paper ballots for all voters at the polls in the upcoming runoffs. She argues that there is still time for that to happen in every county, even as Early Voting begins on Monday. "They can make a quick switch to hand-marked paper ballots. All they need are a few thousand black ballpoint pens. They just need to hear from the nation that this time we want a non-controversial election."

We also ask Marks (a now former Republican herself), whether or not there are at least a few Republicans who might end up finding legitimate interest in joining the fight for real Election Integrity after their current partisan interests in Trump's election eventually fade away. While a private company like Dominion should never have the type of control they now have over our public elections, neither should the much larger ES&S firm or the smaller Hart-Intercivic, just to mention the three largest corporations who have arguably been allowed to usurp our public elections with unsecure, poorly designed, easily manipulated, non-transparent, computerized voting and tabulation systems.

"I hope that maybe one piece of good is that the Republicans are now suddenly concerned about software, and they are concerned about transparency of other processes," she observers. "They're suddenly interested in election administration that before, they seemed to have assumed was just going to work for them. So, hopefully we will get better transparency out of this. But we're going to have to go through the crazy period first, I'm afraid."

Finally, we're joined by Desi Doyen for our latest Green News Report, with mostly disturbing news, as usual, on the state of our climate and environment, but some really really encouraging news at the end, that we'll use to make ourselves feel much better on another insane day like today...

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Another weekend of sore-loserism, lost court battles, phony fraud claims, unlawful election interference by the President of the United States; Also: Trump Admin ignores own EPA scientists to assure more U.S. deaths...
By Brad Friedman on 12/7/2020 7:37pm PT  

If you think the monster is actually, truly dead now, it's only because you still need to watch more horror movies. You'll have to listen to today's show for most of the juiciest details, but among the stories covered today on today's very busy BradCast [Audio link to show is posted below summary.]

  • Not satisfied with helping to assure the deaths of nearly 300,000 Americans during the COVID crisis so far, the swamp-filled Trump Administration ignores their own EPA scientists to join the polluters of the fossil fuel and chemical industries to block a rule that would require a slight decrease in particulate soot that would save more than 10,000 American lives a year. Because of course they do;
  • Loyal Trump henchman and Attorney General Bill Barr reportedly considering quitting before he's fired by Trump for having the temerity to admit there is no known evidence that would turn the loser Trump into a winner in the 2020 election;
  • More than 1,500 lawyers --- some of them former former federal judges, prosecutors and law professors --- call for bar associations to investigate the "historic abuse of the legal system" by Team Trump attorneys, like the COVID-stricken Rudy Giuliani and the execrable Joe diGenova (who called for a former federal official to be "shot" because he believed the 2020 election was secure) to be held accountability for their behavior. The letter cites false claims of "massive fraud" by Trump's attorneys, even as those same attorneys concede in court case after court case --- they and their allies have lost about 50 cases at this point --- that they have no actual evidence of fraud;
  • After losing at least five different cases in five different swing-states on Friday alone, Trump continues his record as a loser on Monday, with an Obama-appointed federal judge in Michigan tossing one case, and a George W. Bush appointed-judge in Georgia tossing the other. Both rulings were brutal dismissals;
  • The President's false claims of a stolen election continue to have very serious consequences, as an armed MAGA Mob on Saturday night descended on the personal home of Michigan's Secretary of State to terrorize her and her children as they were preparing for Christmas;
  • Also down in Georgia today, the state's Trump-supporting Secretary of State Brad Raffensperger --- who, along with the state's Trump-supporting Gov. Brian Kemp, has been mercilessly attacked by Trump --- re-certified the state's Presidential election finding Biden won it by about 12,000 votes. The new certification comes after the election night machine count, a statewide hand count, and a third statewide count by machines as requested by the Trump Campaign. He lost every single time by about the same numbers in all three tallies;
  • On Saturday morning, the President of the United States violated the law in a call to the Republican Governor of Georgia to try and convince him to take action to toss out the election results and direct the state legislature to declare the loser Trump to be the winner. To Kemp's credit (a phrase I thought I'd never type), he refused to do what Trump demanded. To Trump's wrap-sheet, he has added yet another violation of law in trying to interference with an election. 45 days until legal accountability for Trump's many crimes should begin;
  • On Saturday night, Trump went down to Georgia --- where he's in a bind, cause he's way behind --- to hold a rally for the two incumbent Republican Senators facing a tough challenge in their U.S. Senate runoffs on January 5th, where controls of the U.S. Senate is at stake. Trump spent most of the nearly two-hour long rally whining about losing the election as he repeated phony, long-ago debunked claims to continue hoaxing the MAGA Mob into believing it was stolen from him and that they are all "victims". The two U.S. Senators spoke for about 30 seconds each;
  • Finally, despite Trump's unsullied record of embarrassingly losing case after case, trying to overturn the will of the voters in both state and federal courts around the country --- in cases overseen by Republican and Democratic judges alike, including several that he himself appointed --- U.S. Supreme Court Justice Samuel Alito took an action over the weekend that has a few Court watchers justifiably unsettled. As we reported on last Friday's BradCast, Alito agreed to consider an appeal to a case filed by U.S. Rep. Mike Kelly (R-PA), seeking to toss out Pennsylvania's results and award the state's electors to Trump. The matter was correctly dismissed by lower courts, but Alito has agreed to consider it and, late last week, scheduled this Wednesday, Dec. 9, as the deadline for defendants to file their rebuttal. That was key, because Wednesday is the day after the so-called "Safe Harbor" date under federal law, when all state Electoral College contests are supposed to be settled, at least at the state level, on Tuesday, Dec. 8. Last week, election law experts saw Alito's late date for defendants to reply as a message that he would not be taking any actions that might change the electoral count. But on Sunday morning, Alito changed that deadline to the morning of Tuesday, "Safe Harbor" day. What does that mean? And should we be worried that the monster isn't really, truly dead just yet? We discuss...

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Guest: Former National Security Council member, William Tobey of Harvard's Belfer Center...
By Brad Friedman on 12/2/2020 7:58pm PT  

Everything and everybody seem to be on edge. It feels like we're near a breaking point. At home and abroad, as detailed throughout today's harrowing BradCast. [Audio link to full show is posted below summary.]

"It's all gone too far," Georgia's top voting systems chief made clear during powerful unscripted remarks at an emotional press conference on Tuesday night. "All of it!" Gabe Sterling's impassioned comments came after learning of new death threats against a young elections worker in his state. He is right to be infuriated. Things have now become damned dangerous thanks to our deranged President who seems to be turning more unhinged by the hour as his days in the White House wane.

We share an extended cut of the Republican Sterling's tirade today, as he called out both the Republican President and the state's two Republican Senators for failing to condemn the increasing hostility and threats against election officials in Georgia, as well those directed to its Republican Gov. Brian Kemp and Republican Sec. of State Brad Raffensperger. "Stop inspiring people to commit potential acts of violence," Sterling implored the President. "Someone's gonna get hurt. Someone's gonna get shot. Someone's gonna get killled...All of this is wrong!"

Both of Georgia's U.S. Senators, Kelly Loeffler and David Perdue, face tough election re-election runoffs against Rafeael Warnock and Jon Ossoff, respectively, on January 5. The contests will determine partisan control of the Senate. Both GOPers have decided to support Trump and his false claims about the state's election being stolen for Joe Biden with the aid, absurdly enough, of Kemp and Raffensperger. The President is currently scheduled to travel to the Peach State on Saturday to campaign with Loeffler and Perdue. We'll see if he makes it...and whether they both come to regret it.

It is, of course, insane that we find ourselves in support of Sterling, Raffensperger and Kemp, at least on these points. We have been vocally and justifiably critical of all three for a very long time on this program regarding the way they run elections in the state and undermine voter confidence in the bargain. But we'd never even consider the type of rhetoric that the President of the United States and his followers --- including Loeffler and Perdue --- are now using because Trump is too cowardly to concede that he lost and the two Senators are too cowardly to run without him.

None have any actual interest in cleaning up Georgia's elections. If they did, they'd have joined my weeks-old call to get the Dominion Voting Systems company out of the state entirely for the January elections by demanding hand-marked and hand-counted paper ballots for all during the runoff. None of them, of course, have done so.

Rather than take Sterling's concerns to heart, Trump doubled down on Twitter thereafter to falsely declare a "Rigged Election" and "massive voter fraud in Georgia," charging the very Trumpy Governor Kemp is "afraid" of "what we'll find". And then, as released by the White House just before airtime, Trump delivered even more dangerously incendiary and deluded remarks in a fact-free 46-minute pre-taped video rant, asserting that "our election system is now under coordinated assault and siege."

But this is what is happening. And if all of it sounds insane, you'll be shocked to learn that top Trumpers, like his recently pardoned former National Security Advisor Michael Flynn, are now literally calling for sedition by encouraging the President "to immediately declare a limited form of Martial Law and temporarily suspend the Constitution and civilian control of these federal elections for the sole purpose of having the military oversee a national re-vote."

Several weeks ago, I was uncertain about covering Trump's baseless claims of "massive fraud" in the election at all, back when he first began lying about all of this. Given where we are now, I'm glad we did. We all need to be informed about what is actually going on right now in this nation, no matter how twisted, and depressing, and damned dangerous it is now becoming.

But, for some "lighter" news today...We then turn to the recent assassination of Iran's top nuclear scientist, Mohsen Fakhrizadeh, and the latest fallout following both that, Trump's undermining and violation of the landmark Obama era Joint Comprehensive Plan of Action (JCPOA) agreement with Iran which had successfully blocked the Islamic Republican from the ability to create a nuclear weapon for at least ten years, and Trump's drone assassination earlier this year of Iran's revered General Qassam Soleimani. (Yes, that also took place in 2020!)

We're joined today for a great deal of insight on all of this --- as well as the history of targeting nuclear scientists, both in Iran in recent years and elsewhere since the dawn of the nuclear age, and whether the strategy actually works --- by someone who knows a great deal about all of it. WILLIAM TOBEY served on the White House National Security Council staff under three presidents, and as Deputy Administrator for Defense Nuclear Nonproliferation at the National Nuclear Security Administration from 2006-2009, where he managed the U.S. government's largest program to prevent nuclear proliferation and terrorism. He is now a senior fellow at the Harvard Kennedy School's Belfer Center for Science and International Affairs, and the Director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism.

Among the many related topics discussed with Tobey today: How difficult it may be for the incoming Biden Administration to strike a new deal with Iran after Trump pulled the U.S. out of the JCPOA and the assassinations of both Soleimani and Fakhrizadeh, as Iran now vows both revenge and an increase in nuclear production; Whether the JCPOA, which Tobey was critical of, made us safer and why "we are in a more dangerous position today than we were in 2018"; And, why nations like North Korea and Iran justifiably see the development of nuclear weapons as an existential issue.

And with all of those pretty heavy topics, listeners who make it all the way to the end of today's BradCast may be richly rewarded with the concession speech that we all should have heard long ago...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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MI certifies Biden win; Conservative judge tosses Team Trump's PA suit; GSA begins transition, Trump's vows to 'prevail'; 'Dominion/Venezuela' conspiracy lawyer tossed under bus after attacking GA Repubs...
By Brad Friedman on 11/23/2020 7:41pm PT  

It's been a weekend and more of The Crazy since we last spoke. On today's BradCast we get you all up to date on the last several days of The Crazy as Donald Trump's attempted coup to steal back the Presidency continues to fall apart with each passing hour, and as the Republican Party decides to distance themselves from Trump's loony conspiracy attorney Sidney Powell while she turns the MAGA crowd against her own party before the critical January U.S. Senate runoffs in Georgia to determine control of the upper chamber of Congress. [Audio link to full show follows summary.]

The biggest news today broke mid-show, as Trump finally relented in allowing the General Services Administration to officially begin the transition to a Joe Biden Administration, even as he vowed he would "prevail" in his fight to overturn the will of the American voters and says his "case STRONGLY continues."

Well, about that case. It may be continuing, but it has never been anywhere close to strong. Among the related stories covered on today's show that prove it, before we turn to the phone for listener calls on all of this...

  • First, a follow-up to Friday's show in which we debunked the insane case that Powell, Giuliani and now all of MAGA are making regarding an international conspiracy --- somehow led by the Dominion Voting System company, along with the late Hugo Chavez in Venezuela --- to steal the election for Biden. The conspiracy originates with the bastardization of an exclusive investigative report I published at The BRAD BLOG in 2010. Powell et al aren't even close in their twisted version of the story that now includes all sorts of false charges about voting machine companies and more. The bottom line, as we noted on Friday, but which warrants underscoring again today, because I've been trying to make the case for so long and now we're seeing what I warned about finally come to pass...
  1. Simply because a computerized voting and tabulation system is vulnerable to fraud and manipulation does not mean that any particular election run on it has been defrauded or manipulated, and;
  2. Even if an election is 100% secure and accurate, if it can't be known by the public to have been 100% secure and accurate, it is every bit as much of a threat to confidence in our democratic system as it would be if the election had actually been stolen on such a system.
  • Other than that...Catching us all up from Friday....Trump loses another lawsuit in Nevada as a state judge rejects an attempt to block certification of Biden's victory, by more than 33,000 votes, in the state.
  • Trump loses in Arizona as a state judge rejects a move for yet another audit of votes in Maricopa County (Phoenix), and the County's Board of Supervisors (4 Rs, 1 D) unanimously voted on Friday to certify Biden's victory in the state's largest county. Also, the final "SharpieGate" lawsuit was dismissed with prejudice in the state where Biden appears to have won by more than 10,000 votes.
  • In Wisconsin, Team Trump is said to be obstructing the ongoing recounts requested by Trump in the two counties with the largest minority vote, Milwaukee and Dane, after apparently losing the state to Biden by more than 20,000 votes.
  • Trump lost bigly in Michigan on Monday, where the state Board of Canvassers voted unanimously (with one abstention) to certify Biden's victory by nearly 160,000 votes. That, after Trump's attempt to twist the arms of the GOP leadership of the state's gerrymandered House and Senate on Friday appears to have gone nowhere. (But we'll soon find out for sure.)
  • In Pennsylvania, Trump lost his attempt to toss out nearly seven million ballots and was excoriated by a conservative federal judge on Saturday for attempting to do so in the nation's sixth largest state where Biden appears to have prevailed by more than 80,000 votes. The brutal court loss led Republican U.S. Senator Pat Toomey to become just the second GOP Senator to concede (where Trump won't) by declaring [PDF] that "Trump has exhausted all plausible legal options to challenge the result of the presidential race" in the state. Trump's team of pathetic lawyers have since filed an emergency appeal to the 3rd Circuit, but failed to deliver their motion before the Court's deadline for doing so. This is the (likely doomed) case Trump hopes may reach SCOTUS where he believes he can win after packing the stolen GOP majority on the Court in his favor. He'd have to win a verdict there that somehow allowed legislatures in at least three states to reverse the will of their voters to appoint Trump electors instead of Biden's by December 8th.
  • Down in Georgia, where Trump lost by about 13,000 votes following a statewide hand "audit" of all ballots last week, the Trumpy Republican Sec. of State Brad Raffensperger and even Trumpier Republican Governor Brian Kemp both certified Biden's victory on Friday. Over the weekend, MAGA "Stop the Steal" rallies in the state included verbal attacks on both Kemp and Raffensperger, along with vows to destroy the GOP and promises to boycott the critical January U.S. Senate runoffs in the state. We wish them nothing but luck in their endeavor! That came as Powell was taking to far-far right wingnut Newsmax TV over the weekend to allege that Raffensperger and Kemp were paid off by Dominion to steal the election for the Democrats' Presidential candidate. She offered no evidence for her claims. After years of critically reporting on both Kemp and Raffensperger --- including his ill-advised decision to spend $100+ million on Dominion's 100% unverifiable touchscreen voting systems this year --- we are unaware of any such evidence to support her claims. But we wish her nothing but luck in her endeavor to prove it! For now, the thanks she received was being tossed under the bus by Trump late on Sunday night.
  • There was a whole lot more along the way today, but you'll have tune it for it all, along with some great calls we responded to near the end of the show today, as The Crazy continues to continue...

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Guest: Jeanne Dufort of Coalition for Good Governance; Also: Team Trump targets black cities with phony fraud claims; Giuliani charges 'Bush v. Gore' violations in hilarious court hearing in PA, day before campaign contradicts 'Bush v. Gore' with cherry-picked partial WI recount request...
By Brad Friedman on 11/18/2020 7:49pm PT  

On today's BradCast: We wouldn't blame you if you felt like averting your eyes from the desperate, usually-sad, often-hilarious, chaotic and so far failed attempts by the incompetent Team Trump to somehow try and steal the 2020 election any way they can. Yes, that's still going on. It's our job, however, to keep our eyes on it, and so we do again today, as things continue to fall apart in all new ways with each passing hour for Donald and what's left of his legal team. [Audio link to show follows summary below.]

Today, we cover the ongoing chaos the Trump Campaign is attempting to wreak in at least four different states. So far, only in Georgia has an election official who has buckled to pressure from Trump and fellow Republicans. Of course, he's a Republican himself and is doing a lousy job of it. But, in almost every case, the strategy --- such that there is one --- now seems to be to target the votes of African-Americans to be tossed out.

In Wisconsin today, the Trump Campaign plunked down $3 million to pay for a partial recount in the state. A full count would have cost the cash-strapped campaign $7.9 million. They have asked for counts only in heavily African-American Milwaukee County and Dane County, in a state where Joe Biden currently leads Trump by about 20,000 votes. In requesting the partial count they are doing what Republicans were outraged by in Florida in 2000 in the Bush v. Gore case, when Gore sought recounts only a few counties. The GOP, at the time, succeeded in forcing a statewide recount instead, which they were able to convince the U.S. Supreme court to block entirely. (Extra fun and irony today for those who noticed that Eric Trump complained in 2016 about the Presidential recount that year in the same state because the cost "Could Have Saved at Least 5,000 Children's Lives." He also falsely claimed that Hillary Clinton had anything to do with that recount. In fact, it was sought and paid for by the Green Party's Jill Stein for less money than the Trump Campaign sent to the Badger State today.)

In Pennsylvania, where Biden appears to have won by almost 82,000 votes, Rudy Giuliani made an absolutely hysterical jackass of himself during a federal court hearing on Tuesday. He hasn't argued a case in federal court for 30 years, and boy did it show! Just part of the fun included his opening argument in which he declared the case was about "widespread nationwide voter fraud!," before later admitting under questioning from the U.S. District Court Judge during the same hearing that "this is not a fraud case." That was hardly the only way in which he beclowned himself, especially as he focused on leveling baseless claims against the voting in heavily-minority Philadelphia. But it should also be noted that he declared his evidence-free case "a classic violation of equal protection....This is exactly Bush v. Gore!" That's fun, considering his campaign then violated a basic tenet of that 2000 case with their request for a cherry-picked partial recount in WI today.)

In Michigan on Tuesday night, the two Republicans on the Board of Canvassers in Wayne County refused to certify the November 3rd results due to claims of irregularities in the county's largest city, Detroit. (Seeing a pattern here yet?) The irregularities in question, apparently, regard small inconsistencies between the number of ballots cast and the number of voters signed into the pollbooks in a number of precincts in the county, in a state where Biden appears to have won by almost 160,000 votes. Despite a higher number of inconsistencies during primaries in the County earlier this year --- and a larger percentage of inconsistencies in majority white cities in the same County --- the Republicans on the Board certified the spring primaries without a problem. Their refusal to certify the general election deadlocked the Board at 2 to 2 and prevented certification for a few hours on Tuesday night. Brutal public comments at the Board's hearing and agreement to ask the Democratic Sec. of State for an audit of Wayne County's discrepancies, resulted in certification after all, by a unanimous 4 to 0 vote in a new vote by the Board held just three hours later.

But much of today's show is focused, however, on the absurd clown show that has been underway in Georgia for the past week, where the Republican Sec. of State, Brad Raffensperger, buckled to pressure last week from Trump and fellow Republicans who hold him responsible for the fact that Trump appears to have lost there by about 13,000 votes.

Last week, when Raffensperger announced an unprecedented statewide "audit, recount and a recanvass all at once," we explained on the program how that's not actually possible or even legal. This week, Raffensperger quietly admitted as much, sending out a letter to County Elections Officials [PDF] to notify them that "after evaluating the audit procedures...the original results...tabulated on and after election day, and certified by the county election superintendent, should be the results that your county certifies as the November 2, 2020 General Election Totals."

In short, the so-called "Risk-Limiting Audit" of 100% of the ballots cast in GA's Presidential race was not a "hand recount" as many media outlets have been misreporting it, but a largely meaningless exercise meant to try and appease our cry baby President, as my guest today, JEANNE DUFORT of the Coalition for Good Governance, describes it. Dufort has been on the ground in the state where she has also been a voter plaintiff in some of the Coalition's lawsuits. They are plaintiffs in a long-running federal case seeking to ban the state's use of new, unverifiable touchscreen voting systems made Dominion Voting Systems. (The same lawsuit succeeded in obtaining an order from the federal judge that banned the state's previous, 20-year old, unverifiable touchscreen systems made by Diebold. Despite recommendations from cybersecurity advocates and voting systems experts, Raffensperger chose to move to the new $100+ million touchscreens that are similarly unverifiable.)

Over the past 48 hours, two Republican-leaning counties discovered about 2,700 votes each that had gone either unscanned or unreported to the state previously. Those would have been discovered in the normal course of regular post-election canvassing, and netted about 1,000 votes for Trump overall. That will decrease Biden's final state certified margin from about 14,000 votes to about 13,000 votes. He will still be declared the official winner. After state certification on Friday, Team Trump will then have an opportunity to seek an official "recount" (as opposed to Raffensperger's pretend one) in which, by state law, the ballots will scanned again by the same computers that scanned them the first time. So that is also unlikely to change the final results.

Dufort explains today what she was able to observe over the past week during Raffensperger's "audit"/"recount"/"recanvass" which amounts to little more than Election Integrity Kabuki Theater. But, she tells us, there were still a few lessons to be learned from it all, as elections officials, poll workers and count observers who have been working for weeks amid a deadly pandemic, will now have to prepare very quickly for the two January 5 U.S. Senate runoffs in GA that will determine which party controls the Senate next year. Early voting begins on December 14th, not long after some municipal elections are also held in some counties on December 1st. All while carrying out another "recount" which Trump will almost certainly request after Friday's state certification. After all, there were a lot of --- you-know-whos --- that cast ballots against Trump in the city of Atlanta. That can't stand, right?

"The big thing is this is theater," says Dufort, speaking for herself, not the Coalition. "We've been calling for this [unverifiable Dominion Voting] equipment to be banned in the same way our lawsuit got the last Georgia system banned. So we are not fans of this equipment. But it's really ironic to see the same legislators who forced this $100 million purchase on the state to now be saying, 'Hey let's return it to the vendor! Let's get rid of it! It's a terrible system!', because they didn't get enough for their money. They didn't get a President for their money, and it's not clear they're going to get two Senators for their money. So it's kind of a funny time in Georgia."

Finally, we close with some listener mail that may hit the nail on the head: Trump isn't trying to getto 270 electoral votes. He's trying to take enough votes away from Biden so that he gets less than the required 270, so the election must be thrown to the House where the Constitution allows for minority (Republican) rule to win the day. With Rudy Giuliani now leading Team Trump's efforts, how could the plan fail?!

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Also: 87-year old Grassley tests positive for COVID; Graham reportedly attempts unlawful interference in GA's vote count...
By Brad Friedman on 11/17/2020 7:59pm PT  

On today's BradCast, we open with the breaking news about the longest serving Senator in Congress. 87-year old Republican Sen. Chuck Grassley from Iowa has tested positive for the coronavirus. We wish him well, as the COVID crisis explodes across the nation because Grassley's party and President failed to even try to combat the deadly pandemic that has, so far, killed almost a quarter of a million Americans, and may kill as many more by the time Donald Trump mercifully leaves office in January. The rest of today's show is moderately less infuriating. [Audio link to show follows below.]

We start off today with good news/bad news stories regarding both the incoming President-elect and the definitely, whether he's man enough to say it out loud, soon-to-be-former outgoing President. Unfortunately with 64 more days until he's out, by law, the increasingly unstable Trump still has his finger on the nuclear button. The bad news is, as the New York Times reports, he is attempting to launch an attack on Iran his final days. The predicate is a recent report from the the International Atomic Energy Association (IAEA) finding that --- thanks to Trump reneging on the hard-fought, successful 6-party deal struck under President Obama that prevented Iran from being able to build a nuclear weapon --- the nation is once again rebuilding its nuclear stockpile. The good news is that there are apparently just enough not-insane top officials left in the White House and Pentagon that they were reportedly able to talk our deranged President out of sparking WWIII on his way out the door. For now.

The good news/bad news regarding President-elect Joe Biden is that, according to sources who spoke with NBC News, he is disinclined to seek accountability for the many crimes committed by Trump and his administration over the past four years. Yes, it's an echo of Obama's failed "look forward, not back" policy regarding George W. Bush Administration crimes after the Democrat took back the White House in 2008. As we've long argued, that lack of accountability paved the way for the rise of Donald Trump and other GOP miscreants. The good news (good-ish, anyway), is that Biden also says, according to advisers, that he hopes to restore the important separation between the White House and the Department of Justice upon taking office. That means that prosecutors will be free to follow the law and investigate and prosecute as they see fit. Much of this, therefore, rests upon whoever Biden names as Attorney General, though none of this will protect Trump from criminal accountability at the state level, especially in New York.

Then, it's back to Election 2020 Crazy Land, where...

  • Trump must decide by Wednesday if he's gonna cough up $7.9 million dollars for an almost certainly futile "recount" in Wisconsin;
  • Trump crony Sen. Lindsey Graham appears to have tried to convince Georgia's Republican Secretary of State to toss out lawfully cast ballots in the state, according to the woeful and embattled Sec. of State Brad Raffensperger. That could amount to any number of both state and federal crimes committed by the man who heads the Senate Judiciary Committee, as we explain;
  • Amid Raffensperger's ongoing quasi-audit, quasi-recount, quasi-recanvass in Georgia --- an otherwise wholly-meaningless and extra-legal exercise invented by Raffensperger to try to kiss up to Trump and the other Republicans who are being mean to him because Trump lost Georgia --- nearly 2,600 untallied ballots were discovered in GOP-leaning Floyd County. With those ballots added to the current totals, Trump will pick up some 778 votes on his approximately 14,000 vote deficit against Biden in the Peach State;
  • In Pennsylvania, the crazy is almost too much to keep up with today. On Sunday, Team Trump revised its baseless federal lawsuit by removing a demand to toss some 680,000 ballots. That leaves only a complaint regarding Democratic-leaning counties which lawfully allowed voters who cast mail-in ballots that were deficient in some way (missing a signature or the secrecy ballot) to come in and "cure" the deficiency before Election Day. Republican-leaning counties, for unknown reasons, didn't bother. Either way, there are reportedly nowhere near enough such ballots to overcome Trump's current deficit of more than 73,000 votes.

    But the amusing part is that almost the entire legal team representing the Trump Campaign in the Keystone State withdrew from the case entirely by Monday, leaving one poor GOP schmo with a rightwing radio show representing Trump as his attorney on the case. (Just days after Election Day, the same schmo also told his listeners on air that "no bombshells are about to drop that will derail a Biden presidency," that "litigation will not work" and "will not reverse this election.")

    After a federal judge denied the schmo an extension for Tuesday's emergency hearing, so he could bone up on the case, Trump sent Rudy Giuliani to rescue him, even though Rudy hasn't appeared as an attorney in a courtroom since 1992. We had no news from today's hearing by airtime, but we have since heard it did not go well.

    But just before airtime, we did get word out of the PA Supreme Court on a separate case, in which Team Trump lost yet again. This time, on their counter-factual claims that Republican observers were not allowed to properly oversee counting in Philadelphia. The state Justices found that they were allowed, as per state law, and that the claim was false. That brings Trump's losses to date in his election related challenges to something like 25 out of 26 cases nationally. But don't worry! He's totally gonna "win" this thing any day now!

  • Finally, Desi Doyen joins us for our latest Green News Report as Hurricane Iota slams Nicaragua (the record-smashing 30th Atlantic storm of the season, and the most powerful to date in 2020); the Trump Administration rushes to sell off drilling rights in the previously-pristine Alaska National Wildlife Refuge; and President-elect Biden meets with business and labor leaders to begin moving forward again on both the economy and climate...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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We can begin to help restore the nation and the world if Peach State voters hand Dems majority control of Congress' upper chamber in January...
By Ernest A. Canning on 11/16/2020 12:58pm PT  

It all hinges on the outcome of the two U.S. Senate runoff elections in Georgia on January 5, 2021. If each of the Democratic candidates in those contests, Jon Ossoff and Rev. Raphael Warnock, prevail, it would create a 50 – 50 tie in the U.S. Senate. Vice President Kamala Harris would then provide the tie-breaking vote. This would elevate a Democratic Senator into the position of Majority Leader.

Last April, during a joint appearance with Senator Bernie Sanders (I-VT), President-Elect Joe Biden not only committed to a $15/hour minimum wage but also vowed to become the most progressive President since Franklin D. Roosevelt.

Consistent with that vow, the Biden-Sanders Unity Task Force produced a Plan [PDF] to "Combat the Climate Crisis and Pursue Environmental Justice" that, for all intents and purposes, could appropriately be labeled a Green New Deal. The President-Elect's science-based plan to combat COVID-19 entails a task that is essential to safely climb our way out of the largest economic downturn since the Great Depression. These ambitious goals, combined with Biden's egalitarian plan to compel billionaires and mega-corporations to pay their fair share of taxes, portend to a future that entails a more just, empathetic and (small "d") democratic society.

Unfortunately, it is not enough to elect a President who is committed to such lofty goals and who maintains a desire to model his administration after the nation's only four-term President. FDR may have been the architect of the original New Deal, but it's doubtful that even he could have lifted this nation up from the depths of the Great Depression if, in the 1930s, Congress had been under the thumb of a reactionary obstructionist like Sen. Mitch McConnell (R-KY). That is why it is vital --- for the good of the nation and the world --- that when Biden takes office, he is greeted by a Democratically-controlled U.S. Senate.

The task ahead is daunting. However, in a state where Biden appears to have defeated Trump by more than 14,000 votes, the prospect for Democrats to control the Senate is certainly achievable. Here's how...

--- Click here for REST OF STORY!... ---




Guest: Daniel Nichanian of 'The Appeal'; Also: COVID-19 surge shatters U.S. records, explodes at White House, RNC, and for Georgia's Sec. of State; Rove says 'Election won't be overturned'...
By Brad Friedman on 11/12/2020 7:51pm PT  

On today's BradCast, a brief if welcome respite (mostly) from the embarrassment of Donald Trump's pathetic, ongoing denial about his election loss, for a look at some under-reported news from last week's election, and the worsening crisis that Trump really needs to eventually face Crimes Against Humanity charges for. [Audio link to show is posted below.]

The COVID-19 crisis continues its stunning surge in the U.S., with new daily case numbers now clocking in at 150,000 after reaching 100,000 for the first time only last week. Hospitalizations are also now shattering all time records, with some 65,000 admitted across the country. It's all getting much much worse, including (perhaps, especially) at the White House, following Trump's maskless super-spreader Election Night "Victory" Party last week. One senior official after another is now testing positive there, along with RNC officials who have reportedly been spending time spreading the virus while shuttling between the White House and various states in which the Trump Campaign is pathetically contesting election results. Sadly, the oldest member of Congress, 87-year old, 24-term GOP Congressman Don Young of Alaska also announced he tested positive on Thursday.

But perhaps of even more note to BradCast listeners, the wife of Georgia's hapless wingnut Sec. of State Brad Raffensperger says she is positive. That means the Secretary himself will now be forced to quarantine as his state is set to kick off the unprecedented --- and likely disastrous --- mess that Raffensperger described yesterday as "an audit, a recount, and recanvass all at once" in the statewide Presidential contest. Joe Biden appears likely to have defeated Donald Trump in the state by more than 14,000 votes.

We explained in great detail on yesterday's BradCast why Raffensperger's newly-announced statewide hand-count is likely to be a mess (and end up increasing Biden's margin if it's legitimately carried out). But now, with Raffensperger in quarantine, it will be even more of a mess --- or it could run much more smoothly now that he won't be there to screw everything up!

Either way, we're happy to associate with Karl Rove, of all people, today. He opined in the Rupert Murdoch-owned Wall Street Journal last night that "This election won't be overturned," arguing persuasively that Trump's "efforts are unlikely to move a single state from Mr. Biden's column, and certainly they're not enough to change the final outcome." If even Rove is unwilling to play along with Trump's hapless scheme to steal the White House for a second term, then you can probably rest easy that none off this is ultimately going to amount to anything more than anxiety, bluster and noise from our cry baby President.

But, in a welcome break today from our deranged, wannabe tyrant and outgoing President-in-denial, we catch up on just a few of the noteworthy contests and issues from last week's ballot concerning criminal justice reform and voting rights. Despite disappointing losses for Democrats in the U.S. House and Senate, there was quite a bit of very encouraging news for progressives in down-ballot races for District Attorney and County Sheriffs, as well as measures that take on mass incarceration and over-policing. We also saw voters approve the legalization of recreational marijuana in every state where it appeared on the ballot (including, yes, so-called "deep red" states), along with other very progressive decriminalization measures to begin winding down our long, failed War on Drugs.

We're joined today to discuss all of this and more by DANIEL NICHANIAN, popularly known as simply @Taniel on the Twitters. He is the Editor of The Appeal: Political Report and a Senior Fellow at the Justice Collaborative, where he reports on the local politics of criminal justice reform, mass incarceration and voting rights, among other important matters.

"When you look at the county level, at the state level, there are a lot of opportunities for progressives to push the conversation forward, to push policies in a more progressive direction, specifically on criminal justice," he tells me. "If you do care about mass incarceration or about law enforcement, about racial injustices that accompany all that, then the local level, the county level is really where you should be looking. Because prosecutors, sheriffs and officials that are elected locally are going to be some of the most important actors that are going to be deciding what practices and policies are going to be implemented. And that's where we saw some big flips this year."

Finally, we close today with Desi Doyen and our latest Green News Report, as Biden begins to rebuild U.S. climate policy both at home and with very welcoming world leaders abroad; the Fed warns about instability in the economy due to climate change; the renewable energy industry defies the COVID crisis; and the Trump Administration races to destroy as much of the environment and our federal science structure as possible before Trump is dragged kicking and screaming from the White House...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Eddie Perez of the Open Source Election Technology (OSET) Inst.; Also: New results elsewhere; Election officials sickened by COVID; More...
By Brad Friedman on 11/11/2020 7:42pm PT  

On today's BradCast: Georgia's embattled Republican Secretary of State Brad Raffensperger made a surprising --- and somewhat bizarre --- announcement at a press conference on Wednesday morning. He declared that the state would be carrying out a full, statewide hand-count in the Presidential race of "every single piece of paper, every single ballot, every single lawfully cast ballot." As of airtime, Joe Biden leads Donald Trump in that race by more than 14,000 votes out of nearly five million votes cast this year in the Peach State, with very few ballots reportedly left to tally. [Audio link to full show is posted below summary.]

"With the margin being so close, it will require a full, by-hand recount in each county," Raffensperger declared. "This will help build confidence. It will be an audit, a recount, and a recanvass all at once." But, as our guest today explains, an audit, recount and recanvass all very different things that can't and don't actually happen at the same time.

The announcement has resulted in a lot of questions today, that we both ask and try to answer.

For a start, recount laws in Georgia only appear to allow the Sec. of State to declare a recount in the event that there is evidence of fraud that could change the final results. He has offered no such evidence. Otherwise, if the margin of difference between the two leading candidates is 0.5% or less, a candidate may then petition the Secretary for a recount. To my knowledge, however, neither candidate has yet petitioned for such a count, even with the margin currently at 0.28% and still rising for Biden. One reason is likely because a recount can't be petitioned until after the race has been certified. County certification in the state is due this Friday, with the deadline for certification by the state not until next Friday (November 20th.)

Earlier this year, however, Georgia announced a new pilot program for a post-election Risk-Limiting Audit (or RLA) process. An RLA, in short, is a process and protocol invented in recent years by UC-Berkley Prof. Philip Stark (who has been a guest on our show) in which hand-counts of small, randomly-selected samples of ballots in a race are carried out to determine, supposedly with 95% scientific certainty, that the results reported by the computer tabulators accurately reflect voter intent. The larger the margin in a race, the fewer ballots need to be counted to achieve that certainty under the mathematical RLA protocol. In very close races, or if mistallies are found along the way while hand-counting, a larger sample is then counted, all the way up to a full hand-count of all ballots, when necessary.

In Georgia, Raffensperger had previously announced that the state's pilot RLA program would be carried out on just one single race every two years. The race would be personally selected by the Secretary. Until today, that race was not expected to be the Presidential race in Georgia. In fact, in the first outing for the state's pilot RLA program after their June primaries earlier this year, just 27 ballots were counted in total in the RLA. Today, however, for reasons still unknown, Raffensperger declared that the Presidential race would be selected for the RLA and that, due to its tight margin, all ballots would be hand-counted.

Raffensperger has long been under fire from Election Integrity advocates for his recent selection of the Dominion Voting Systems touchscreen Ballot Marking Devices (BMDs) for in-person voting. That, after a federal judge last year ordered the state to get rid of its 20-year Diebold touchscreens which she determined to be unsecure, unverifiable and, therefore, unconstitutional. The new systems chosen by Raffensperger may eventually face the same fate, according to the judge.

The new touchscreens print out a computer-marked paper ballot summary, supposedly to be reviewed by each voter at the end of the touchscreen process. But they are 100% unverifiable after an election. Nobody can know if the summaries were reviewed or not, much less accurately. Studies show that most voters do not review them, and that 93% of voters do not notice when the computer has changed one of their votes. RLAs of paper ballot summaries produced by BMDs, according to Stark, cannot possibly confirm voter intent. They can only confirm whether the computerized optical-scan tabulators tallied them correctly as per the QRCode printed on each ballot summary. (Yes, voters who do bother to review the printouts will review the human-readable summary printed on them. That portion of the ballot is not actually tallied by the scanners --- the QR barcode is tallied instead.)

And while Election Integrity folks have long been critical of Raffensperger (and, in fact, are suing the state of Georgia to get rid of the BMDs and move to a less expensive, verifiable hand-marked paper ballot system for all voters at the polling place, as recommended by cybersecurity and voting systems experts), this week, many on the Right have suddenly decided that they are also now also critical of Raffensperger's selection of the Dominion systems and his administration of the Presidential election that Trump appears to have lost in the state. On Monday night, the state's two incumbent Republican U.S. Senators called on Raffensperger to resign in advance of the two U.S. Senate runoffs set for January 5th, which which will determine whether Democrats are able to take back control of the upper chamber in Congress. (For my part, I've invited Republicans to join my call for all hand-marked and hand-counted paper ballots for those easy to count runoffs, as that would provide full transparency that even the GOP shouldn't complaint about, since it would remove Dominion's hardware and software from the entire process.)

At the same time, millions of hand-marked paper ballots were also cast in this year's election in Georgia, due to the COVID pandemic. A hand-count of those ballots under the RLA process may or may not reveal errors in the tabulation, but --- presuming the chain of custody has been secure --- would help confirm the accuracy of the reported results...at least for the hand-marked ballots.

None of this, meanwhile, will change the ultimate results of the Presidential election nationally --- at least not on its own. Even if the results in Georgia were to somehow flip to Trump, Biden would still have more than enough Electoral College votes, even without Georgia, to win the Presidency if his current leads in all of the other states remain.

If all of this sounds like a confusing mess, that's because it is. And, to be frank, it's unclear, at least to me, whether Raffensperger even knows what the hell he is talking about in declaring this simultaneous RLA/Recount/Recanvass. Nonetheless, we try to make sense of what is known and unknown today --- and both ask and answer many more questions --- with my guest EDDIE PEREZ, Global Director of Technology and Standards at the nonpartisan, nonprofit Open Source Election Technology (OSET) Institute. Before joining OSET, Perez spent some 15 years as the Director of Product Management at Austin, TX-based Hart-Intercivic, the nation's third-largest private voting systems vendor.

Jump on in to today's full show for what I hope is an invaluable, detailed conversation about all of this, if you want to know what the hell is now going on in Georgia and whether any of it can actually work or otherwise ultimately effect the Presidential results. Perez has a lot of experience and insight to share while he expresses his own concerns that what may be going on here is "a kind of election integrity theater" being carried out by Raffensperger, "where neither side is particularly satisfied" by the ultimate result....whatever it may turn out to be.

Also on today's program: The latest updates on several election results elsewhere; 28 election officials in one Missouri County have contracted COVID, most likely from voters during the election; A new poll from Reuters finds that nearly 80% of the electorate --- including Republicans --- believe Biden is the winner...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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