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Guest: LA Times' Michael Hiltzik on PG&E's bankruptcy; Also: Federal court blocks Admin citizenship question on Census; AG-nom Bill Barr testifies; Trump's record shutdown grinds on...
By Brad Friedman on 1/15/2019 6:26pm PT  

Good news and not-terrible news on today's BradCast, along with an interesting proposition for the state of California in a climate changed world. [Audio link to show follows below.]

We start off with the good news today, courtesy of a federal court in Manhattan, where a U.S. District Court Judge blocked the Trump Administration's attempt to add a question on citizenship to the 2020 Census. Judge Jesse Furman's 277-page ruling [PDF] slammed Commerce Secretary Wilbur Ross for violating the federal Administrative Procedures Act (APA) and for offering "pretextual" reasons for adding the question against the wishes of career Census Bureau administrators. Ross had falsely claimed the question was "well tested" and needed by the Dept. of Justice to better enforce the federal Voting Rights Act.

In fact, Republicans have long sought to add the rig the census by adding the question in hopes that it would decrease responses from immigrant communities to help shift the balance of power during decennial redistricting from Democratic-leaning urban areas to more Republican-leaning rural areas. Furman's ruling called out Ross for lying and even responded to an earlier statement on the case from Supreme Court Justice Neal Gorsuch. Several other legal challenges await, however, including a separate case on the same matter that will be heard by the Supreme Court in February.

Meanwhile, William Barr, Trump's nominee for Attorney General, testified at his confirmation hearing before the U.S. Senate Judiciary Committee on Tuesday. He claimed he wanted to allow Special Counsel Robert Mueller, who he cited as a friend, to complete his investigation into Trump/Russia, though would not fully commit either to publicly releasing Mueller's full report, nor to recusing himself from oversight of the probe, even if DoJ ethics officials recommended that he should. Barr, a former AG under George H.W. Bush, wrote and helped circualate a lengthy memo [PDF] last year undercutting the validity of Mueller's investigation.

All of that, as Trump's record-length federal government shutdown continues today, with so-called moderate Democrats in Congress declining invitations to the White House in response to Trump's latest effort to drive a wedge between them and Speaker Nancy Pelosi on funding for his southern border wall. The shutdown grinds on as hundreds of thousands of federal employees are furloughed or forced to work without pay, with travelers now facing long lines at TSA checkpoints at major airports, and as some federal employees are being forced to turn to charity food banks to help feed their families.

Next, with California's largest privately run utility company, Pacific Gas and Electric (PG&E) announcing plans to seek bankruptcy protection this week, after facing some $30 billion in potential liabilities for massive, deadly wildfires across the state over the past two years, some have suggested the state should simply buy up the company, which was found to have been responsible for sparking many of the recent record fires by failing to adequately maintain its equipment and power lines.

Los Angeles Times' Pulitzer Prize winning journalist and business columnist MICHAEL HILTZIK joins me today to discuss the issue, as PG&E seeks state protection from liability in hopes of passing costs on to rate-payers. The company, which serves some 16 million customers in Northern California, was once valued at more than $30 billion, but with its stock price now gutted after the bankruptcy announcement and previous criminal convictions it is currently valued at just about $3.5 billion. California could end years of repeated company mismanagement, Hiltzik explains, by purchasing the company or its most valuable assets, at --- pardon the pun --- fire sale prices.

"I wrote a column a year ago saying, 'it's time to take the franchise away from PG&E and put it out for bid.' Let somebody else come in and show that they can operate all of these functions much better, more efficiently, cheaper, and without these constant [failures]. PG&E is like the Wells Fargo of the utility business. It can't seem to do anything right, and scandals continue to crop up," Hiltzik tells me. "My case against PG&E goes way back to the proposition they tried to sneak across through the voters many, many years ago to basically eliminate competition from public power consortiums. So PG&E has just been a bad actor. They have been absolutely atrocious operators."

Hiltzik discusses the pros and cons of what would be a radical, if potentially profitable, investment by the state of California, and how the company's failures and need for public bailout portend similar threats to other fossil fuel-reliant firms, insurance companies and states as the increasingly brutal impacts and costs of climate change undercut profitability.

"We really need to have a debate --- and a debate in the near term --- about who should own these utilities and how they should be operated," he argues. "California has probably done more than most other states in starting to come to grips with [climate change], because at least we've been developing information about what those impacts will be. But nobody has done enough planning up to this point."

Finally, Desi Doyen joins us for the latest Green News Report with, as usual, no shortage of disturbing news...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Crippling winter weather, Trump shutdown and probe news, CA's PG&E to file for bankruptcy protection, L.A. teachers on strike...
By Brad Friedman on 1/14/2019 6:52pm PT  

On today's BradCast, it's another one of those impossible Mondays catching up with a weekend full of news in the Trump Era, and the seemingly impossible fight on behalf of voters who seek actually verifiable election results (which require HAND-MARKED paper ballots, according to a new letter from two dozen computer science, security and voting system experts.) [Audio link to show posted at end of article.]

Before we get to our guest today on that crucial issue which threatens elections oversight from Georgia to Los Angeles, a bunch of news and quick headlines from across the country. Among those headlines...

Winter weather crippled much of nation over the weekend and into the beginning of this week, from heavy rains and flash floods in recently fire-ravaged California, to monster snowfall in the Midwest, to icy conditions in the East. The latter succeeded in shutting down even parts of the federal government in D.C. that weren't already closed due to Donald Trump's continuing partial federal government shutdown --- now the longest in U.S. history --- to demand $5.7 billion for his promised, pointless and ill-considered southern border wall.

Decidedly not shutdown in D.C. this week are disturbing new revelations, as reported by New York Times late Friday, that the FBI had opened a counterintelligence probe of the President of the United States in 2017, to determine whether Trump was either a witting or unwitting agent of Russia. That, as Trump's Attorney General nominee William Barr, on Monday, released his prepared opening remarks in advance of his confirmation hearings this week in the U.S. Senate Judiciary Committee. Despite his previous criticism of Special Counsel Robert Mueller's probe and his argument that Presidents cannot be investigated for certain things, Barr now says the Special Counsel investigation should be allowed to finish and its report should be made public.

In California, the state's largest private utility company, Pacific Gas and Electric (PG&E), announced their intention to seek bankruptcy protection in light of tens of billions of dollars in potential legal liability for maintenance failures that helped spark a number of the historic and deadly fires that crippled the state during last year's record wildfire season. And, in Los Angeles, some 35,000 teachers at the nation's second-largest school district walked out, striking to demand higher pay and smaller class sizes.

Next, we turn to some election news, with New York state, one of the most restrictive in the nation when it comes to voting access, finally moving to update its system with a package of bills this week that include early voting, vote-by-mail, same-day voter registration and other long-overdue reforms.

In Georgia, meanwhile, two dozen of the nation's top Computer Security and Voting Systems experts issued a critical landmark letter [PDF] last week to the state's Secure, Accessible and Fair Elections (SAFE) Commission, essentially begging the panel, convened by former Republican Sec. of State and incoming Governor Brian Kemp, to not move the state's voting system from 100 percent unverifiable touchscreen Direct Record Electronic (DRE) systems to similarly unverifiable touchscreen Ballot Marking Devices (BMD), which print out a computer-marked and barcoded summary of voters' ballots. They call instead for hand-marked paper ballots, which they describe as "the best method for recording votes in public elections."

The letter notes that BMD systems are more expensive than hand-marked paper ballot systems but, more importantly, cannot be audited after an election to determine whether the results reflect the actual intent of voters. Despite the scientists crucial recommendation last week, and every comment --- other than from election officials and private voting system vendor lobbyists --- made by the public at last week's SAFE Commission hearing, Kemp's panel shamefully voted to recommend BMDs to state lawmakers.

But, while that virtually inexplicable action moves ahead in the Peach State under Republican rule, the nation's largest voting jurisdiction, Los Angeles County, under Democratic rule, has already decided to move to a pricey and similarly unverifiable touchscreen BMD system before the 2020 Presidential election!

We're joined today by MARILYN MARKS, a national leader in the fight for HAND-MARKED paper ballot systems. She heads up the non-partisan Coalition for Good Governance --- which filed several landmark lawsuits last year against Georgia's current unverifiable voting systems and in hopes of preventing their new ones.

"The point is a very, very simple point that the SAFE Commission --- and apparently L.A. --- pretends that they are missing," argues Marks. "They all talk about how they want elections that can be audited. Well, when you use these Ballot Marking Devices, the election cannot be audited, because the source document [the computer-marked, barcoded ballot] is not an original transaction. It cannot be audited. Therefore you cannot audit the results."

Making matters worse, even if every single voter manages to correctly verify the computer-printed, human-readable summary of voter selections, "what's actually cast and the actual official vote is a barcode. Now, none of us can read barcodes. I don't know what vote I'm actually casting. I am casting a barcode, but what in the world does that barcode actually say? That, to me, is a Constitutional violation."

We discuss that and the many other dangers of BMD systems being implement across the country --- with little or no pushback in places like L.A. --- as well as the differences between the proposed new systems from private vendors in GA and the publicly-owned one already coming to L.A. County. In short, despite a number of explanations offered to us by the County's Registrar-Recorder/County Clerk Dean Logan (shared on today's program) Marks argues there is little, if any, difference in the lack of verifiability and auditablity of such voting systems.

Finally, we take just a few listener calls on all of the above on our way out today...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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