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Latest Featured Reports | Thursday, September 24, 2020
Yes, We Can...But Will We?: 'BradCast' 9/24/20
Staring down -- and making sense of -- Trump's cowardly threats against a peaceful transition and to democracy itself; Also: Accountability coming soon for Trump Family in NY; And, yes, even TX is now in play...
'Green News Report' 9/24/20
  w/ Brad & Desi
CA to end sales of new gas-powered cars by 2035; 'Alarming increase' in heat and drought in U.S.; PLUS: China announces bold pledge to reach carbon neutrality by 2060...
Previous GNRs: 9/22/20 - 9/17/20 - Archives...
Why is Team Trump Joining PA's Dem SoS to Defend Unverifiable Touchscreen Voting?: 'BradCast' 9/23/20
Guest: Investigative journo Art Levine: Also: FBI's odd 'Announcement' on election fakery...
Why Does the FCC Allow Sinclair to Violate Ownership Rules in Baltimore?
An investigation of FCC, SEC docs in citizen-filed 'Petition to Deny' licensing for three stations controlled by the media giant may help end 'sham' control of our public airwaves...
Law Prof: Dems' One Chance to Fix Our Broken Democracy is to Expand SCOTUS: 'BradCast' 9/22/2020
Guest: Harvard Law's Michael Klarman; Also: 200,000+ dead; GOP's Supreme hypocrisy...
'Green News Report' 9/22/20
  w/ Brad & Desi
Beta breaks new records as it grinds into Gulf Coast; Smoke from record Western fires causes health crisis; More mega-fires coming; PLUS: RBG's environmental legacy...
Previous GNRs: 9/17/20 - 9/15/20 - Archives...
RBG RIP and the Fight Over What Happens Now:
'BradCast' 9/21/20
Her historic legacy and the unspeakable GOP hypocrisy over her replacement; Also: Callers ring in on what Dems must do next and on expanding the stolen SCOTUS...
Sunday 'Rest in Notorious Peace' Toons
So many cries for Justice in PDiddie's latest collection of the week's best political toons...
'RECOUNTED' with Nils Gilman, Mark Joseph Stern: 'BradCast' 9/18/20
On potential disruption, Constitutional crisis after 2020 election; And the long-overdue end of a racist voter suppression law in NC...
Federal Court Blocks 'Politically Motivated' USPS Changes, Orders Sorting Machines Reinstalled
Judge charges Postmaster General mandates undermined integrity of 2020 election...
More Wins in the War Against the War On Voting in PA, OH, SC & USPS: 'BradCast' 9/17/20
Also: Trump FBI Dir. confirms 2020 Russian interference; Former top Pence staffer plans to vote for Biden; Much more you need to hear...
'Green News Report' 9/17/20
  w/ Brad & Desi
Sally slams AL, FL, GA with record rain, floods; Fires in West behind mass bird die-off; Trump names climate denier to NOAA; PLUS: 175-yr old science issues first-ever endorsement...
Previous GNRs: 9/15/20 - 9/10/20 - Archives...
GA's 'Experts' Flounder in Court Defending State's New Unverifiable Touchscreen Vote Systems: 'BradCast' 9/16/20
Guest: Plaintiff Marilyn Marks; Also: Sally soaks AL, FL; Results of 2020's final primary in DE...
Mostly Good News in Battle-ground Ballot Battles in WI, OH, NV: 'BradCast' 9/15/20
Also: 175-yr old science mag's first-ever endorsement; Broadcast news outlets failing to inform electorate about worsening climate crisis...
'Green News Report' 9/15/20
Hurricane Sally approaches, with more storms on the way; Deadly West Coast fires break more records; PLUS: Biden blasts 'climate arsonist' Trump and urges swift action...
Fires and Liars and Modems, Oh My!: 'BradCast' 9/14/20
Guest: Jenny Cohn on 2020 hacking fears; Also: Climate-fueled fires breaking records; More storms on way; Trump says climate change, like COVID, to just go away...
Sunday 'Can't Trust the Media' Toons
But you CAN trust PDiddie to post the best of the past week's political toons in his latest collection...
Woodward Goes Wayward in 'Biggest Scandal in Modern Journalism': 'BradCast' 9/10
Guest: Journalist David Sirota; Also: Whistleblower, new report reveal U.S. Intel fully upside-down under Trump...
'Green News Report' 9/10/20
'Unprecedented' wildfires explode across Western U.S., man-made climate change is to blame; PLUS: Trolling for Florida votes, Trump flip-flops on offshore drilling ban...
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: Farmer, teacher, Marine Lt. Col. turned candidate Mike Broihier; Also: Latest in Minneapolis protests over police killing of George Floyd...
By Brad Friedman on 5/29/2020 6:32pm PT  

It has been a harrowing 24 hours since getting off air on Thursday night, with protests exploding in major cities across the country overnight in response to the police killing of George Floyd in Minneapolis. On today's BradCast, we cover the latest developments including the arrest, just before airtime, of Minneapolis Police Officer Derek Chauvin, seen in videos taking a knee on Floyd's neck as the 46-year old African-American security guard pleaded for his life. We are also joined by a progressive Democratic U.S. Senate candidate from Kentucky hoping to unseat Mitch McConnell this year, and to discuss the mysterious shooting of protesters in Louisville last night. [Audio link to full show is posted at end of summary below.]

First, we cover several aspects of the Minneapolis protest, including the appalling tweet by the President of the United States which earned him yet another warning lable from Twitter as he actually seemed to call for shooting of protesters Thursday night, using a phrase first uttered by a racist Florida sheriff at the height of the 1960s civil right movement; the on-air arrest of a black Latino CNN reporter as he was covering the protests in Minnesota, while his white colleague, one block away, was politely allowed by police to continue reporting; and some of the other protests around the country in response to the latest appalling police killing in the Twin Cities.

One of those protests was in Louisville, Kentucky, where 26-year old African-American emergency medical technician Breonna Taylor was killed by police inside her own home after cops broke down the door in the middle of the night in mid-March. That protest, like many of the others across the country overnight Thursday and Friday morning, turned violent and 7 protesters in the crowd were suddenly shot, leaving at least one of them in critical condition today. The Louisville Mayor says no officers discharged a weapon last night and that no police were shot. So who shot the protesters and why?

We're joined today by MIKE BROIHIER, a Kentucky farmer, teacher and retired U.S. Marine Lt. Colonel who is vying for the Democratic U.S. Senate nomination in hopes of ousting Republican Senator and Majority Leader Mitch McConnell in November. The Senate primary election, with about 10 Democrats running for the nod, will be held on June 23rd.

The progressive Broihier offers his thoughts on this week's protests around the country and in Louisville on Thursday night where the still-mysterious shootings took place just days after rightwing anti-lockdown and gun rights protesters hung an effigy of the state's Democratic Governor Andy Beshear outside the State Capitol on Sunday. Broihier, who calls the threat to Beshear an act of "terrorism", ties that incident to the Bluegrass State's long history of institutionalized racism and lynchings. "You can't deny the image," he says. "n the face of it, it's a white man with a rope and a gun. As a white male, the significance is not lost on me. We have 168 documented lynchings in the history of Kentucky. 168. That is still an open wound with African-Americans here in Kentucky."

"The message was very, very clear that they were trying to send. This is terrorism. It's intimidation. The thing is, this starts at the top --- when the President of the United States says things like, 'When the looting starts, the shooting starts' --- that is the message that these ... self-styled patriots tromp around the woods in mismatched camouflage, this is what they're waiting for. This is the kind of chaos they're waiting for. We don't know where those shots came from last night. I am having a hard time separating them in my head."

On the Taylor killing, where none of the cops involved have yet to be arrested, Broihier tells me: "There's an old saying: 'In his own home, no Kentuckian need ever run.' But that apparently doesn't apply when you're an African-American man in Louisville."

We also discuss Kentucky's plans for reopening the state amid the ongoing coronavirus crisis; his Democratic (and establishment-supported) opponent for the U.S. Senate nomination, Amy McGrath, who is also a Marine Lt. Colonel, and her flip-flop-flip support for Trump's U.S. Supreme Court nominee Brett Kavanaugh; Broihier's endorsements from Indivisible Kentucky and from Andrew Yang (the first endorsement by the former Democratic Presidential candidate), among others; his support for progressive policies such as Universal Basic Income (UBI), much of the Green New Deal, the need to shut down deadly and dying coal mines in his own state and to help the industry's workers move to better, safer jobs; and whether the unpopular McConnell can finally be defeated in Kentucky this year.

"Mitch doesn't show up back here in Kentucky too much. He was here back at the beginning of the pandemic with Brett Kavanaugh, of all people, to celebrate the elevation of a judge rated 'unqualified' by the ABA to the 2nd Circuit Court, the second highest court in the land," Broihier notes. "He's the one who said let the states go bankrupt, and he was talking specifically about Kentucky." He also tells me: "I see McConnell as an existential threat to our republic. While I disagree heartily with Lt. Col. McGrath on many things, she would still be better than Mitch McConnell."

As to whether he'd be a better choice to defeat McConnell than McGrath, he says: "If it's just electability, I'm the candidate. I am a retired lieutenant colonel as well. Being a veteran is very important here in Kentucky. But I'm also a public school teacher. I was a rural journalist. I learned how to communicate progressive ideas to religious, conservative people. The most important thing, probably, for the heart of Kentucky is I am a farmer. We know what it is like to struggle on a farm and try to support your family."

"You have to win in all of Kentucky. As a veteran, a teacher and a farmer, that cuts a pretty wide swath across almost all of Kentucky. I've got some pretty visionary plans of what America should look like when we're done with this pandemic, but you've got to be able to back it up with plans. And I've got plans! Plans that people will get tired of reading because I've been able to engage some really talented experts to help craft them. I'm for UBI but I've got a plan. There's meat on the bones."

There is much more, including his position on the Green New Deal in a coal state and more. Please tune in.

Finally, because we really needed a bit of a laugh at the end of yet another harrowing week, Desi Doyen joins us to close today's show with a pretty hilarious, unaired "outtake" from our most recent Green News Report...

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

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

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

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

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

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Prof. Philip B. Stark, inventor of post-election Risk-Limiting Audits on his resignation from e-vote 'watchdog' VerifiedVoting.org; Also: A tale of two KY Governors and one corrupt U.S. Senator...
By Brad Friedman on 12/13/2019 6:40pm PT  

On today's BradCast, we continue down the long and often-too-winding road toward democracy and justice. [Audio link to show is posted below.]

After some 14 hours of debate on Thursday, the U.S. House Judiciary Committee made history on Friday morning by voting along party lines to approve two Articles of Impeachment --- for Abuse of Power and Obstruction of Congress --- against Donald John Trump. It is only the fourth time in America's 243-year history for such a "solemn and sad" event. But Republican Senate Majority Leader Mitch McConnell couldn't even wait for this morning's vote before declaring out-loud on Fox "News" Thursday night that he intends to rig the U.S. Senate's impeachment trial. The Kentucky Senator (who is up for re-election next year) and leader of the Senators who will serve as jurors in the impeachment trial to consider removal of the President early next year --- presuming the full House votes to adopt the Articles next week --- boasted that he has been colluding with the accused in order to assure the Senate trial will be anything but fair.

Speaking of Kentucky and the importance of uncorrupted democracy, on his way out the door, now thankfully-former Republican Tea Party Governor Matt Bevin, who narrowly lost reelection last month in the otherwise "red" state to Democrat Andy Beshear, pardoned and/or gave commutations to 428 convicted criminals. Among those granted clemency are a convicted child rapist, a man who hired a hit man to kill his business partner, and a third who killed his parents. Perhaps most appalling, however, was the pardon for a home-invasion murderer in the second year of his 19-year sentence, after the man's family threw a fund-raiser for Bevin's campaign just last year. (His two accomplices, whose families did not donate to the Governor, remain in jail.)

By way of contrast, the new Democratic Governor, on his second day in office this week, restored voting rights and the right to run for public office to some 140,000 non-violent former felons, leaving Iowa as the only state in the union which still bans all former felons from voting for life. Yes, voting and elections still matter.

But the right to vote and have that vote counted accurately, in a way that we can know it has been counted accurately, continues to be an ongoing fight for Election Integrity advocates across the country as we are weeks away from the start of voting in the 2020 Presidential race. On Friday, several such groups filed a lawsuit in Pennsylvania to block the use of brand new, 100% unverifiable touchscreen Computer Ballot Marking devices made by ES&S, and set for use in the key battleground state next year, after the systems failed to correctly record tens of thousands of votes during last month's municipal elections. The suit seeks to block the new touchscreen systems from use and to require hand-marked paper ballots instead in at least 17 percent of the state, including Philadelphia. Failure in that much of the state next year would be more than enough to throw the results of the 2020 Presidential election one way or another in the critical swing-state.

After those new systems failed so catastrophically during their first use last month (as new, similarly unverifiable touchscreen systems did in Georgia on the same day), long-time, previously well-respected e-voting watchdog group VerifiedVoting.org seemed to help both elections officials and private vendors off the hook by endorsing so-called Risk-Limiting Audits of some of the computer-marked paper ballot summaries produced by the systems in both states.

That appears to have been the last straw for Verified Voting's Board of Directors member Prof. PHILIP B. STARK of UC-Berkeley. Stark, a math and statistics professor, as well as a Board of Advisors member on the US. Election Assistance Commission (EAC) is the inventor of the post-election Risk-Limiting Audit (RLA) protocol. He has been trying, in recent months, to make clear to elections officials and vendors that RLA's of computer-marked (versus hand-marked) paper ballots are "meaningless" [PDF], because its impossible to verify that they reflect voter intent. With Verified Voting jumping in to publicly praise GA and PA's use of such tests to proclaim that reported results accurately reflected voter intent, Stark submitted a blistering resignation letter [PDF] to the group.

The missive, which he shared with me on the night he recently sent it, decries VV's "whitewashing [of] inherently untrustworthy elections by overclaiming what applying RLA procedures to an untrustworthy paper trail can accomplish." He accused the non-profit, non-partisan organization of "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes." His resignation letter charged that the result of VV's action was "security theater, not election integrity."

Stark joins us on today's program to discuss the response to his resignation from leadership at Verified Voting and the other well-respected, world-class cybersecurity and voting systems experts who serve on its Board (many of whom have appeared as guests on The BradCast and sources for BradBlog.com over the years). "Verified Voting retracted a tweet that had claimed that Risk-Limiting Audits, or audits to be conducted in Pennsylvania, would confirm outcomes when they suffered from the same flaw that the audits in Georgia did," he says. "I think in general, the board and I are sorry to part ways. I would gladly go back, if they revised their public position with regard to what audits of an untrustworthy paper trail can possibly accomplish."

[Update: No sooner did we get off air tonight, than the resignation of yet another, very well-respected VV Board Member, Prof. Rich DeMillo of Georgia Tech and former Chief Technology Officer at Hewlett-Packard, became public as well. DeMillo's most recent appearance on The BradCast is here. His resignation letter and a story about it is now posted here.]

Stark also explains --- as I've been very skeptical of the efficacy of post-election audits for many years, for reasons described on the program --- how RLAs work and/or don't. He tells me what type of voting systems he believes to be best for the secure and overseeable casting and counting of votes in American elections (hint: no computers necessary), and much more, including a conversation about just some of the many dangers of computer Ballot Marking Devices (BMD) proliferating the country for 2020, and the ability for voters to cause chaos with them by reporting --- either accurately or not --- that the systems have misprinted their votes on Election Day.

"They're completely vulnerable to crying wolf. Even if an election official trusts public complaints that their votes were altered or contests were missing, then their only recourse is to run a new election, and that opens the possibility for people colluding to cry wolf and have an election invalidated. In the other direction, the incentives are stacked in favor of election officials saying, 'well, it was probably just voter error, we're going to let it stand.'" That, argues Stark, is exactly what we saw last month in Northampton, PA, when elections officials and ES&S claimed that "just by re-tabulating the paper that was printed by technology that malfunctioned big time, they can figure out who really won. It's farce."

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Election and criminal justice expert Daniel Nichanian; Also: House schedules new impeachment hearing as Trump appeals federal ruling finding 'Presidents are not kings'...
By Brad Friedman on 11/26/2019 6:44pm PT  

At the BRAD BLOG and on today's BradCast, we'll even fight for Donald Trump's right to vote --- even from prison, should he find himself there at any time in the near-ish future. [Audio link to show follows below.]

But, first up today, a bit of impeachment-related news, even as Congress is on recess for the Thanksgiving holiday. The House Judiciary Committee (as opposed to the House Intelligence Committee) has announced a new impeachment hearing for next Wednesday. Judiciary Chair Jerrold Nadler sent a letter to the President on Tuesday, inviting him and his counsel to attend and potentially question witnesses in the hearing titled Titled "The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment." Along with his invitation, Nadler also offered a warning about the White House's continued refusal to make witnesses and documents available to the Constitutional proceedings in the U.S. House.

In related news, Trump's Dept. of Justice on Tuesday filed for a stay to a blistering federal court ruling ordering that former White House Counsel Don McGahn appear for scheduled testimony in response to a lawful Congressional subpoena regarding the House's examination of the Robert Mueller investigation. McGahn played a key role in the probe, helping to detail Trump's multiple attempts to obstruct the Special Counsel's investigation of Russian interference in the 2016 election and Team Trump's cooperation with the effort.

The DoJ is now seeking a pause pending an appeal to U.S. District Judge Ketanji Jackson Brown's scathing 121-page ruling [PDF] issued on Monday, in which she eviscerated the DoJ argument that Presidents and their current and former White House officials enjoy "absolute immunity" from Constitutionally-mandated Congressional oversight. "Stated simply," the Judge wrote, "the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings."

Trump, however, appears to feel otherwise. In addition to appealing the order, Trump tweeted today that "The D.C. Wolves and Fake News Media are reading far too much into people being forced by Courts to testify before Congress," adding that while he "would love" to have top Executive Branch officials like Sec. of State Mike Pompeo, acting Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton testify in impeachment hearings in the Ukraine bribery affair, he is only "fighting for future Presidents and the Office of the President. Other than that, I would actually like people to testify."

But whether Trump wins his "absolute immunity" defense while President, it is unlikely to help him once he is out of office. To that end, yes, we'd hate to see him lose his right to vote if he ever should find himself imprisoned for any of his countless crimes. In the meantime, however, there are millions in prison who have already lost that right --- a right, not a privilege, even if many treat it that way --- while behind bars. There has been some noteworthy successful (and even bi-partisan in some cases) efforts of late in a number of states to help enfranchise former felons or those out of jail on probation or parole though state constitutional amendments, legislation or executive actions. But when it comes to the right to vote for those still in prison, the debate has been slower and more contentious. Currently, only Maine and Vermont allow prisoners to vote, a policy which Vermont's U.S. Senator Bernie Sanders strongly defended during a CNN Presidential Candidate Town Hall earlier this year.

At the same time, as our guest today, DANIEL NICHANIAN, Editor of The Appeal Political Report (better known as @Taniel on Twitter) points out, lawmakers in eight states and D.C. have filed legislation this year to allow people behind bars to exercise the right to vote. Rep. Ayanna Pressley (D-MA) has done the same at the federal level.

After a Republican New York state Assemblyman recently described a state Senate bill there that would enfranchise convicts as "insulting [to] members of law enforcement and the criminal justice system who worked diligently to get these dangerous predators off the street," Nichanian reached out to prosecutors, correctional facility officers and elected officials in Maine and Vermont to see if they agreed. You'll be surprised to learn that not one of them did, with almost all either finding it to be no problem or, more frequently, lauding the connection to "the real world" that voting allows imprisoned citizens as they pay their debt to society.

Nichanian, a Senior Fellow at the Justice Collaborative and expert on criminal justice reform and mass incarceration, shares insight from the officials he spoke with, and explains why reform on this issue (which disproportionately affects minorities) --- and a number of related topics --- is long overdue.

"We are not treating the right to vote as an inalienable, fundamental right of U.S. democracy, as a right that every citizen should have, and have protected," he tells me, explaining why "ending felony disenfranchisement would also mean that law enforcement professionals are no longer the arbiters of who gets to exercise democratic rights."

Nichanian notes that "the way in which we talk about people who are incarcerated, it would seem like we forget that these people have families, they have kids who go to school, and the school board elections matter to them. They have families who also need to care about their elected officials."

"There's all sorts of arguments of whether people are worthy of voting or not, whether people have shown enough civic capacity to vote or not," he argues. "And I find all of that universe of questions to be questionable, because we are claiming for ourselves the power and authority to decide whether our fellow citizens should have the same rights as us. I find that to be a problematic question. And I think that's just the bottom line: whether we want the right to vote to be a protected right for all U.S. citizens."

He says that "we are definitely seeing the criminal justice reform conversation encompass these issues of rights restoration, as a tool of re-entry, as a tool of thinking about how people remain human, as a way of thinking about economic justice and racial justice throughout the process." But whether that, theoretically bipartisan effort will ultimately become a fight for re-enfranchising felons remains to be seen.

We also discuss how the imprisoned population is used in the fight over apportionment, with the incarcerated counted in the census and for redistricting purposes, even while that huge chunk of the population is disallowed from exercising any real political power through the vote. "The time to address it is literally now, because the next round of redistricting and map-drawing is coming up. If this is going to be reformed, it has to be in the next couple of years, or else we'll have ten more years of problems on this."

Finally, Desi Doyen joins us today for our latest Green News Report as "climate emergency" is named "Word of the Year" by the Oxford Dictionary and, unfortunately, for very good reason...

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Guest: Susan Greenhalgh of Nat'l Election Defense Coalition; Also: CA shooting; Deval jumps in; Bevin concedes; Trump loses (again); More...
By Brad Friedman on 11/14/2019 6:24pm PT  

With a brief break in the hot impeachment action, we're able to pick up on a couple of stories on today's BradCast that got buried yesterday, some breaking news from today, a continuing story that should have everyone's hair on fire right now (in advance of the 2020 elections!) and, sadly, the story that already has the planet on fire. [Audio link to show follows below.]

First, some quick news on today's school shooting in Southern California, north of Los Angeles, where a 16-year old shot five students from 14 to 16-years of age. So far, two are reported dead and the shooter is said to be in grave condition from a self-inflicted wound from his .45 caliber semi-automatic pistol.

On Wednesday, Trump lost yet again in one of his many different lawsuits seeking to block the release of his taxes to Congress and state prosecutors. The latest defeat was the refusal yesterday by the full U.S. Court of Appeals in D.C. to rehear his lawsuit seeking to block the U.S. House Ways and Means Committee's subpoena of his accounting firm, Mazars USA, seeking several years of his financial records. With that loss, the case will now almost certainly be going to the Republican's stolen U.S. Supreme Court (on which two of Trump's appointees now sit). And in Trump's separate and so-far-similarly unsuccessful suit in federal court in New York, seeking to block the release of tax documents from Mazar's in the state's criminal probe involving Trump's hush-money payoffs before the 2016 election to women with whom he was having affairs, his attorneys on Thursday officially filed their appeal with SCOTUS.

In elections news, former Massachusetts governor Deval Patrick, a conservative Democrat, has announced his late entry into the race for the 2020 Democratic Presidential nomination. And both Trump and Republicans are going all in to try and win the Gubernatorial runoff this Saturday in Louisiana, in hopes of avoiding another Kentucky-style embarrassment.

Last week, Trump went all in for KY Governor Matt Bevin, who reportedly came up a few more than 5,000 votes shy of defeating Democratic challenger Andy Beshear. Bevin refused to concede last week, however, requesting a recanvass that was carried out by the state today. The procedure --- essentially re-checking the same computer-reported numbers again --- resulted in few changed votes, unsurprisingly. So, Bevin finally announced his concession. But that came only after his election night claims of "well-corroborated" voter fraud, including thousands of illegally cast votes.

While his promise of evidence never materialized in the week since the election, Bevin recently changed his argument to focus on concerns about the state's electronic voting and tabulation systems. While there is scant evidence of problems on that score (all the other Republicans on the statewide ballot last week, other than the unpopular Bevin, won their races), his newly found concerns --- whether he actually means them or not --- regarding the difficulty of voters to oversee and have confidence in the accuracy of electronically-cast and tabulated results, should be taken to heart by voters of all parties. These concerns are real, and could have a devastating effect on next year's elections.

To that end, one need look no further than the many disasters we've been reporting on over the past two weeks that befell voters attempting to use brand-new touchscreen computer Ballot Marking Devices (BMDs) in the key swing states of Pennsylvania and Georgia last week. In the roll out of the new systems in those states, which many election integrity and cybsersecurity experts warned strongly against, many voters were unable to vote at all. Some faced hour-long wait times --- during sparsely attended, off-year municipal elections! --- followed by completely inaccurate results reported by the computers.

For example, some candidates reported receiving zero votes at some precincts in Northampton County, just outside of Philadelphia (which also used the same new systems last week for the first time, despite warnings from cybsersecurity experts, and had similar problems.) In a contest for County Judge in Northampton, a Democratic candidate for County Judge reportedly received just 164 votes out of more than 100 precincts reporting on Election Night. In fact, as a manual examination of computer-printed records revealed, he is believed to have received 26,142 votes instead.

Unfortunately, there is no way to know if even that number is correct on the County's new 100% unverifiable BMD systems, which are proliferating across the nation, including PA, the entire state of GA next year, and in counties in more than a dozen other states (including here in Los Angeles County, the nation's largest!) for 2020.

We're joined today by SUSAN GREENHALGH, a longtime Election Integrity champion who now serves as Vice President for Programs at the National Election Defense Coalition (NEDC). Following last week's disasters, her group has called for the immediate decertification of the 100% unverifiable ES&S ExpressVote XL systems used last week for the first time in Northampton County and Philly. Greenhalgh explains why such systems, which use touchscreens to help voters use a computer to mark and print "paper ballot"" summaries, should never be used other than as an assistive device for disabled voter who may choose to use one to help cast their ballot.

"What's really concerning about these ballot-marking devices is that there's been a false equivalency created by the vendors," she tells me. "And I think it's been accepted my many people in the election official administration space, and in the election community at large, that there's a paper record there, so therefore the voting system is verifiable. The problem is that all evidence that we have so far to go on, indicates that that the paper record [from] the expensive touchscreen ballot-marking devices is not actually verified by the voter. And that's the critical point." The NEDC advocates hand-marked paper ballots.

After years of working with elections officials and elected officials across the country, Greenhalgh offers her thoughts as to why so many of them --- Republican and Democratic alike --- continue to ignore the continued warnings from election integrity and cybsersecurity experts who strongly urge against the use of such systems, while listening instead to private vendors, such as ES&S and Dominion (the nation's two largest) who stand to make hundreds of millions from the sale of their poorly designed, oft-failed, easily-hacked, and completely unverifiable touchscreen systems.

"I've heard it said that we need a system that the Devil himself could run and you could still trust the results. It needs to be transparent, and verifiable to the electorate. And that means something that is auditable, that the voter knows that the election results are correct and that the officials can prove it." Greenhalgh argues. "There's no room for 'just trust us' in this. We shouldn't have to trust the vendors. We shouldn't have to trust the election officials. We should all be able to see and verify with our own eyes, through observation and auditing, that the election is being conducted in a fair and accurate manner, and in a secure way. Anything less than that is unacceptable in a healthy democracy --- or one that aspires to be healthy."

Greenhalgh, who is as concerned about all of this before 2020 as I am, says, however, that there is still time for jurisdictions to dump their expensive, unverifiable touchscreen systems in favor of much cheaper, far more secure, and completely verifiable hand-marked paper ballot systems. She also also explains why post-election audits of results cast on computer-marked ballot systems are worthless.

"Implementing hand-marked paper ballot systems, fortunately, can be done in very quick order," she says. "States have shown us they can do that, like Maryland and Virginia. So it's not too late to fix that. What we need is the will of the election officials to make it happen, and then it can be done."

Tune in for much more that you need to hear from this conversation!

Finally, we're joined by Desi Doyen with our 1001st Green News Report, with disturbing news on the enormous and raging Australian bush fires, climate-change fueled frigid weather in much of the U.S., Greta Thunberg's solar-powered voyage back to Europe, and the Trump EPA's latest --- and deadly --- attack on science...

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Guest: U. of KY Law Prof Joshua A. Douglas; Also: NY judge fines paper tiger Trump millions for fraudulent 'charitable' foundation, a few other breaking news items, and our 999th 'Green News Report'...
By Brad Friedman on 11/7/2019 6:45pm PT  

On today's BradCast, a close look at the scheme that Kentucky's Republican Governor may now be trying to pull off in hopes of stealing last Tuesday's election from the apparent Democratic winner. [Audio link to show follows below.]

But, first up today, paper tiger Donald Trump, after vowing he'd never settle the case by New York Attorney General against his fraudulent "charitable" organization called the Trump Foundation, agreed to settle today after all. A state judge fined the President of the United States $2 million after finding he misused the foundation, repeatedly and illegally, to further his own political and business interests. Trump admitted to the wrong doing detailed in the settlement.

Moreover, the remaining $1.7 million in the organization's bank account will be donated, along with the $2 million fine, to several different charities, including the United Negro College Fund and U.S. Holocaust Memorial Museum. Trump and his three children who sat on the Foundation's board will be restricted in their ability to sit on the boards of charitable organizations in the future. And while one might think that being forced by a court to pay up nearly $4 million after admitting to using a charitable foundation to rip people off would be grounds for impeachment, given the indescribably unending criminality of Donald Trump, it seems unlikely this matter will even come up in the U.S. House's ongoing impeachment proceedings against him.

To that end, House Dems have announced the schedule for the first public hearings in the impeachment inquiry to kick off next Wednesday, featuring two of Trump's top State Department officials who will testify to his politically motivated extortion plot against Ukraine. One of those officials, Deputy Asst. Sec. of State George Kent, is said to have taken copious contemporaneous notes after becoming concerned that the White House's attempted quid pro quo was "injurious to the rule of law, both in Ukraine and the U.S," according to a transcript of Kent's recent closed-door Congressional deposition made public on Thursday.

But, of course, we are still covering the ongoing fall-out from Tuesday's off-year elections, in which Dems flipped the Virginia House and Senate "blue" for the first time in decades, and as brand-new touchscreen voting machines deployed in Pennsylvania and in Georgia failed disastrously on their initial trial run before 2020.

Today, we focus on the potentially disturbing developments in Kentucky, where the state's unpopular and very Trumpy Republican Gov. Matt Bevin is said to have lost by just over 5,000 votes (out of some 1.4 million cast) to Democratic challenger Andy Beshear on Tuesday. Since then, Bevin has refused to concede, citing "well-corroborated irregularities" including what he described on Wednesday as "'thousands of absentee ballots that were illegally counted," reports of voters being "incorrectly turned away" from the polls, and "a number of machines that didn't work properly." He has yet to offer actual details on those serious allegations, but has formally requested a "recanvass" of tallies. That, according to KY's Sec. of State, will be carried out next Thursday, in a state with a very recent history of serious election rigging --- at least by very powerful insiders.

However, while the Bluegrass State has rules to resolve contested elections with recounts, those statutes specifically do not apply to gubernatorial races, oddly enough. And that's where things get quite murky in the state. Contested gubernatorial races are settled by a vote of both Houses of the General Assembly. Both chambers in the state (which Trump won by some 30 points in 2016) are currently controlled by Republicans. The last time a gubernatorial contest occurred in the state --- in 1899 --- it ended with an assassination.

While a GOP scheme to steal the election from a Democrat this way seems ridiculously far-fetched at first glance, a number of normally quite conservative election law experts are taking the matter quite seriously, given Bevin's current playbook which, some of them suggest, mirrors that of his close pal Donald Trump and what he may do in 2020 if things don't go his way.

We're joined by one of the nation's top experts on all of this today, University of Kentucky College of Law's JOSHUA A. DOUGLAS, to explain what happened on Tuesday; why Bevin's scheme and potential help from GOPers in the state legislature could augur very darkly for our democratic system; what all of this means for Mitch McConnell (the other similarly unpopular statewide Republican who just happens to be on the 2020 ballot); and what --- if Bevin turns out to be the same paper tiger that Trump is --- we should expect from the new Democratic Gov. Beshear's administration in an otherwise still very "red" southern state.

"There is danger," Douglas tells me today. "but it's not about irregularities. It's about the Governor's rhetoric and his allegations of 'voter fraud' and problems without any evidence whatsoever. I think that's really dangerous for our democracy, because it can undermine the public's confidence in our electoral system. I have not seen any evidence whatsoever that there were any problems in the way that Tuesday's elections were run. In fact, it was a fairly quiet Election Day [and] I usually hear about things that might be concerning. The danger here is really Gov. Bevin's allegations without any evidence, and Republican leaders' failure to call him out on that point."

"It's very concerning for what could happen in 2020 if Trump does not win re-election, and he also refuses to concede defeat by peddling theories of 'voter fraud' without any evidence," says Douglas.

Tune in for much more!

Finally today, Desi Doyen joins us for the 999th edition of our Green News Report! And it's at least as disturbing as the previous 998. Next week: GNR1000! And thanks to those of you who make our nearly 11 years of climate coverage possible with your much-needed donations at BradBlog.com/Donate!

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Guest: VA Delegate Mark Levine on Dems' new, long-awaited 'trifecta'; Also: Brand new touchscreen voting systems failed in GA and PA, while Dems saw a number of big wins in VA and probably KY...
By Brad Friedman on 11/6/2019 6:35pm PT  

On today's BradCast: There was much for Democrats to be delighted about in Tuesday's off-year elections around the country, though plenty for them to be remain very concerned about, including the failure of brand new voting system in several key battleground states. (Not to mention new charges of election fraud filed against Republicans in Ohio.) [Audio link to show follows below.]

We pick up today where we left off on yesterday's program, regarding disturbing voting disasters in several states, as nearly two-decade old touchscreen voting systems failed in Indiana, including flipping votes for at least the fifth year in a row, while brand-new, 100% unverifiable touchscreen voting systems being deployed in Pennsylvania and Georgia failed fantastically in several counties. Some voters were left unable to vote at all or facing long lines --- even during otherwise sparsely attended off-year municipal elections! Some candidates were left off of the electronic ballots all together and others found themselves with reportedly ZERO votes recorded on the all-new, way-better-than-the-old unverifiable touchscreen computer Ballot Marking Devices (BMDs) tested in both PA and GA before wide deployment for the critical 2020 Presidential election.

In GA, voters were unable to vote in 4 of 6 counties where the new $100 million Dominion Voting Systems ImageCast machines were test run in municipal elections, before they are deployed statewide to 7.5 million voters next year. The electronic pollbook systems that creates voter cards that must be inserted into the touchscreens weren't working properly on Election Day in those 4 counties, after they had worked fine during pre-election tests and early voting.

In the critical battleground state of PA, there were all kinds of problems with the new ES&S ExpressVote XL systems deployed for the first time to Northampton County (where the systems were said to be operating incredibly slowly and results were reported as 0 for some candidates, as later confirmed by the County) and in Philadelphia, where candidate names were missing and many of the machines reportedly refused to work at all. (But this will all be fine by 2020, right?)

As to actual reported results from key contests on Tuesday, we break down a disappointing, if not completely surprising gubernatorial loss for Dems in Mississippi, a big apparent win for Kentucky Democratic gubernatorial candidate Andy Beshear and the challenge to that still-unofficial victory by the state's unpopular Governor Matt Bevin, and then the unequivocal success for Dems in the great Commonwealth of Virginia. There, a blue wave resulted in new Democratic majorities in both the House of Delegates and state Senate. The long-awaited victories, along with a Democrat already in the Governor's mansion, mean that Dems will enjoy a "trifecta" in Virginia for the first time in nearly 25 years.

We're joined today by DELEGATE MARK LEVINE, representing Virginia's 45th District (including parts of Alexandria, Arlington, and Fairfax County) in the House of Delegates. Levine, who ran uncontested for his third term on Tuesday, credits Trump, almost entirely for the rise of the Democratic Party in the once deeply-red state. "I like to say the only good thing Donald Trump has ever done in his life is help us win state legislative seats," he says, describing the President as "the gift that keeps on giving". He "fed our fire," he argues, adding that he believes the ongoing impeachment proceedings helped, rather than hurt, turnout for Democrats in the Commonwealth just outside of Washington D.C

We also discuss the effect that recently court-ordered un-gerrymandered maps had on flipping the two General Assembly chambers from red to blue on Tuesday, as well as the role the state's recent switch from hackable and unverifiable touchscreen voting systems to hand-marked paper ballots may have had, and whether Democrats will continue to support a state constitutional amendment for an independent redistricting commission now that they will be in control of both the Assembly and the Governor's mansion after the 2020 Census.

Levine, the longtime progressive radio host of "The Inside Scoop from Washington", breaks down a litany of long overdue policy agendas Democrats plan to undertake with their newly won majorities, including becoming the final state needed to ratify the Equal Rights Amendment (though legal battles await after their passage of the ERA).

"We're going to lead the way on gun safety laws. We're going to finally do something about climate change, which the Republicans have been fighting us on for decades. We're going to raise the minimum wage. We're going to do criminal justice reform. We're going to have non-discrimination for LGBT Virginians. We're going to improve education and teacher salaries, and workers' rights, consumers' rights, lower the cost of health care --- I'm really just getting started," he says, before explaining that "Democrats are unanimous" when it comes to expanding voting rights as well, including making it easier to vote with early voting, same-day registration and more.

"We're going to get past the Joe Biden wing of the party and into the Elizabeth Warren wing of the party," he vows. "Maybe some things on the further-most progressive edge, we might not have the votes for. But we're going to do a lot to change Virginia in a very blue direction"...

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Guest: Slate's Dahlia Lithwick on not returning to SCOTUS; Also: John Oliver touches on touchscreens; KY Gov. Matt Bevin's reelection contest...
By Brad Friedman on 11/4/2019 6:13pm PT  

On today's BradCast: John Oliver touches on America's voting machine crisis, America goes to the polls again (using those same, unverifiable touchscreen voting systems), and one year after accused sex assaulter Brett Kavanaugh was sworn in as a U.S. Supreme Court Justice, one 20-year veteran SCOTUS journalist is refusing to return to the Court...and for very good reason. [Audio link to show follows below.]

First up, as we are now officially --- finally --- less than one year away from the critical 2020 Presidential election, our electronic voting systems in many states are still just as bad and dangerous and vulnerable and unverifiable as they were 15 years ago. And, in a bunch of states and jurisdictions across the country, they are getting even worse and less verifiable than they were in the 2016 election. HBO's John Oliver dipped into the issue on his latest Last Week Tonight on Sunday night and got a lot of stuff right regarding our easily-hacked, oft-failed touchscreen voting systems that have been in use over the past several decades. Unfortunately, he also left out a whole bunch of stuff regarding the new and equally vulnerable and 100% unverifiable computer touchscreen Ballot Marking Devices (BMDs) which are now being installed and proliferating in states (many of them key battlegrounds) from coast to coast before 2020. In short, as we detail, Oliver's report was excellent....if this was 2009. As it is now 2019, however, his commentary was a bit wanting. But, we'll take what we can get and that, of course, is why you have The BradCast.

In related-ish news, a bunch of off-year state and local elections are happening in several states on Tuesday. Among the noteworthy contests is the gubernatorial race in Kentucky, where the unpopular and very Trumpy Republican Governor Matt Bevin is fighting for his life in a race with Democratic Attorney General Andy Beshear (son of the Bluegrass State's former Governor Steve Beshear), in what pre-election polls suggest is currently a dead-heat contest. But, as we detail today, Bevin was down anywhere from 3 to 5 points in pre-election polling during his first run for Governor against then Democratic Attorney General Jack Conway in 2015. Nonetheless, as we detailed that year, he somehow ended up winning the race, reportedly, by nearly 9 points in a state which still forces many voters to use the same unverifiable touchscreen voting machines that helped Bevin win in 2015. Many of those systems are the same very old, vulnerable and unverifiable ones which Oliver railed against on his HBO piece on Sunday. Trump is in KY on Monday night to help "drag one of the nation’s most unpopular governors across the finish line," as the New York Times describes it today, in what many see as a potential bellwether race ahead of 2020.

Meanwhile, it has now been just over a year since Brett Kavanaugh was sworn in to his lifetime post as an Associate Justice on the Republicans' stolen U.S. Supreme Court. He was seated on the bench almost immediately after Republicans in the U.S. Senate rammed through his nomination --- with the help of a trumped up FBI "investigation" --- late last year despite multiple, credible allegations of sexual assault against Kavanaugh from the time he was in high school and college.

Longtime SCOTUS journalist DAHLIA LITHWICK wrote at Slate last week about why she has not returned to the Court since Kavanaugh was sworn in. She joins us today to discuss the reasons behind her decision, and why, as she described, she will "not accede to the routinization and normalization of the unprecedented seat stolen from President Back Obama in 2016" by Mitch McConnell and Republicans, nor from the "unprecedented seating of someone who managed to himself evade the very inquiries and truth-seeking functions that justice is supposed to demand" in Kavanaugh.

"One-quarter of the federal appeals courts, at this moment, three years into the Trump presidency, are Trump nominees. We're not just talking about nine justices on the Supreme Court. We're talking about the most strategic, systematic takeover of the federal bench that any president has ever effectuated," she tells me. "And that is happening day by day, right under our noses. And those judges are also going to sit for decades. So it's not just the Supreme Court."

It's a fascinating and important conversation, I think, about not only why none of us should simply "get over it" and "move on", when it comes to both Kavanaugh and the stolen seat filled by Neil Gorsuch, but also why our nation's seeming inability (or even interest) in assuring accountability for all manner of precedent --- and criminal law --- breaking in recent years has brought the country to the perilous position we now find ourselves in: Trump in the White House, the Supreme Court stolen and federal courts packed with unqualified rubes for life, and SCOTUS on the precipice of deciding a number of enormously momentous issues this session from union rights to reproductive justice.

"It's what happened when Barack Obama made the decision that we just are not going to re-litigate the CIA torture program, and this very aspirational notion that if we all forgive and forget, we all get to meet in the middle and work toward better outcomes. It's kind of Lucy with the football --- it never works out to meeting in the middle and working toward better outcomes. It just turns out that, yet again, ground has been ceded," she tells me.

"We're really bad at this. The heart wants what it wants, and the heart wants normal. I think that we keep believing that this erosion, this slow systemic erosion of norms, is somehow normal. I thought it was a law, it's not a law. I thought it was a rule, it's not a rule," says Lithwick. "We didn't didn't used to seat 37-year-old bloggers who've never set foot in a court room as a federal judges for life. And now we do. There's no law, there's just a norm. What I was trying to get at in the piece is that constantly acceding to this and saying, 'Well, this is what it is now' --- that there are costs. There are huge, huge costs to democracy."

"Our scrutiny, our unwavering, unflinching, I'm-not-over-it scrutiny does make a difference," she insists. "We need to hold the Court to the same unflinching, 'we're watching you,' 'we care'. That seems like soft power, I understand it's not optimal, but I think the Court responds. What they really want is for us to put this on page A27 and get over it. And that's our choice, not theirs."

Lots of important stuff here, as I said. Can't really summarize it well enough here, so please tune in.

Also, Lithwick rings in with some thoughts --- which tie into the broader conversation --- on what she expects from John Roberts' Supreme Court following today's ruling by a federal appeals court in Manhattan that Trump's accounting firm, Mazars USA, must turn over some 8 years of his and his company's tax and other financial documents to New York state prosecutors and a similar decision by a federal appeals court in D.C. last month that the same firm must also turn over similar records to Congressional investigators in response to yet another lawful subpoena...

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