Amid mass layoffs, nation's weather forecasters still at it, as extreme storms return; Trump cuts halt pollution, climate research; PLUS: Admin freezes funds to plug toxic, abandoned wells...
Trump Admin to dismantle FEMA ... in the middle of hurricane season; Trump/DOGE to cut coal mine safety offices; PLUS: Repub Congress reverses landmark methane pollution fee...
Trump Admin omits climate change from U.S. National Threat Assessment; EPA's deadly rollback of air and water pollution rules; PLUS: SCOTUS kills landmark youth climate lawsuit...
More wildfires in Carolinas as Trump dismantles FEMA; Melting glaciers threaten global water supplies; PLUS: Fossil fuel industry is ready for payback...
THIS WEEK: Kremlin Call ... Court Gestures ... Voiceless America ... Show Toons! ... And more! In our latest collection of the week's most imaginable toons...
Greenpeace ordered to pay hundreds of millions to fossil fuel co.; WMO climate report documents spiraling climate; PLUS: China unveils EV battery that charges in 5 mins...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...
Don't get me wrong. The bold move by the Pennsylvania Supreme Court in adopting a Congressional map that, according to an analysis cited by the Wall Street Journal, could see PA Democrats picking up as many as six Congressional House seats now held by Republicans, bodes well for those of us who value small "d" democracy and the rule of law.
So does the recent mind-boggling 85-point swing from "red to blue" in Kentucky, where Democrat Linda Belcher, in a Special Election, defeated her Republican opponent by 36 points in a state House district that Donald Trump carried by 49 points in 2016.
There are multiple indices of a public revulsion in response to Republican overreach that is much greater than that displayed in 2008 when Democrats rode a "Blue Wave" to victories that placed them in control of the White House, the U.S. Senate and the House of Representatives.
Last year, polls revealed as little as 12% support amongst the American electorate for Republican efforts to repeal and replace Obamacare. Another poll revealed that only 24% of Americans supported the GOP tax cut measure. (Though more recent polling suggests it's growing in popularity.) This year, a Quinnipiac poll, taken in the wake of the massacre at a Parkland, Florida high school, suggests that 2/3 of Americans have finally lost their patience with NRA-funded Republicans and their feckless "thoughts and prayers".
These surveys suggest a likelihood that Democrats in 2018 can recapture a majority in the U.S. House and potentially even the U.S. Senate --- a result that is critical to fending off the threat to democracy, political and economic equality and the rule of law now posed by the Trump/GOP oligarchic/kleptocratic agenda.
But a number of recent court rulings on extreme partisan gerrymandering reveal that the 2020 election will ultimately be of far greater significance than 2018, and not simply because it will be a Presidential election year…
On today's BradCast: Never mind Russia. Is it even possible for Democrats to overcome the systemic structural disadvantages Republicans have put in place in virtually every aspect of U.S. elections? We've got both encouraging and not-so-encouraging news in that regard on today's show. [Audio link to show posted below.]
Now that both the U.S. intelligence community and Democrats --- and even a few Republicans --- have finally begun to figure out that Election Integrity requires, at a bare minimum, a paper ballot for every vote cast, how long will it take them to figure out that those ballots need to be hand-marked (not computer-marked) and, preferably hand-counted, so that the American public can truly begin to restore confidence in election results and know that their votes actually matter? There is some --- precious little, but some --- encouraging news out of Pennsylvania today on that front, and even from the U.S. Senate Intelligence Committee.
The Governor in PA, a state which still hates its voters so much that it forces the vast majority of them to vote on 100% unverifiable touch-screen voting systems, has decreed that any new voting systems purchased to replace the old ones, must have some form of "paper trail" or "paper record" or "paper backup". That's a very low bar, but better --- for the most part --- than the current 100% unverifiable touch-screen systems used across the state. Yet, the Democratic Governor, Tom Wolf, has yet to propose any new funding to purchase those new systems. So, like PA votes, they remain vapor ware for the moment.
At the same time, Sen. Mark Warner of Virginia, Ranking Democrat on the U.S. Senate Intelligence Committee, seems to have noticed the cost of trying to secure elections (like "the Dutch elections, where they hand-counted all the ballots") versus the price of one single F-35. Hand-counts, like those carried out by the Dutch, is, in truth, a pretty inexpensive deterrent against foreign manipulation of our computer tabulation systems, if our elected officials were truly concerned about it. (It would also help to deter the much greater threat of domestic manipulation, by the way!)
But, even if we had a hand-marked paper ballot for every vote cast and even if we counted them all by hand, publicly at the precincts, before ballots were moved anywhere (as per Democracy's Gold Standard), Democrats would still have a mountain to overcome this year in the shape of the GOP's systemic partisan gerrymandering of state legislative districts and U.S. House seats.
To that end, we've got some similarly-qualified encouraging news out of Pennsylvania as well today, where the state Supreme Court recently ordered new U.S. House maps to be drawn in time for the upcoming May primary elections in the commonwealth, after finding the ones drawn by Republicans following the 2010 census were in violation of the state constitution's right to a fair vote. The battle over those new maps --- which have given the GOP a 13 to 5 advantage in U.S. House seats in the largely 50/50 state over the last three elections, where Dems outnumber Republicans --- is now moving forward on a very tight court-ordered deadline.
Meanwhile, similarly partisan gerrymandering by the GOP in Wisconsin, North Carolina, and many other swing-states continues, thanks in no small part to the U.S. Supreme Court delaying lower federal rulings that determined Republicans had unconstitutionally given themselves a steep enough advantage on district maps that they were able to retain huge majorities in state legislatures and the U.S. House, despite being consistently out-voted by Democrats.
"The courts have been consistently outraged by what the Republicans pulled off in 2010, 2011," Daley says. "The problem is, here we are in 2018, we've been using these unconstitutional maps now this entire decade. There is no sense we're going to have new maps in most of these states, with the possible exception of Pennsylvania, in time for the 2018 election. We may well have the fourth of five elections in all of these states held on unconstitutional maps."
By way of one example, Daley notes: "In 2012, 52% of Pennsylvanian voters vote for Barack Obama, 51% of them vote for Democratic members of the U.S House. Republicans however, take 13 of the18 seats that year --- 71% of them! Democrats get 28% of the seats, even with more votes."
We also discuss the new documents he recently uncovered, published in a new Salon exclusive, detailing the fascinating story of how the Republicans' so-called REDMAP scheme to take over state legislatures and redistrict the nation with a wildly partisan advantage, first came about prior to the 2010 election and U.S. Census.
Among the questions we discuss: Is it even possible for Democrats to overcome that structural disadvantage in the 2018 mid-terms without the U.S. Supreme Court finding partisan gerrymandering to be unlawful? Are state court cases, like the one in PA, the answer instead? And can any of this be done in time for the 2020 elections, after which district maps will be redrawn once again by partisan majorities in state houses for another 10 years?
"There may be a blue wave [in 2018], but there is also a red firewall that stands ready to knock it down," Daley warns. "Democrats are probably going to need two seismic, historic waves in order to have a shot at fair maps in 2021. And it they can't pull that off, and if the courts don't come in and do something in the meantime, the maps that are drawn in 2021 are the ones we are going to live with until 2031."
Also today, in other related news: A second federal court, this time in New York, blocks Trump's attempt to reverse DACA, and one Republican candidate for the U.S. Senate must be a very bad choice...at least according to his own parents!...
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After yet another exhausting and harrowing week in Donald Trump's America, as the Doomsday Clock inches closer to midnight, we try to lighten things up a bit, at least comparatively, on today's BradCast --- even if it's not always easy. [Audio link to show follows below.]
Among the many stories covered on today's program...
A few words about Donald Trump's reported attempt to fire Special Counsel Robert Mueller last June before chickening out, which the President describes today as "fake news";
Republicans are now, literally, trying to block democracy by preventing elections from happening at all. Gov. Scott Walker in Wisconsin and the GOP-controlled Alabama state legislature provide just the two latest examples;
Kansas' failed Governor Sam Brownback has, apparently, failed up, with an appointment by the Trump Administration, confirmed this past week by the U.S. Senate, after Vice President Mike Pence was brought in to break the tie vote in Brownback's favor;
Speaking of failures in the state of Kansas, their Secretary of State Kris Kobach, a long-time GOP "voter fraud" fraudster and now candidate for Governor, enjoys still more shame and ignominy this week, as it was discovered that he exposed private information, including the last four digits of social security numbers for thousands of state officials and employees --- including his own! --- on an unprotected Internet page;
The Guggenheim Museum declines to loan a valuable Vincent van Gogh painting to Donald and Melania Trump for use in their White House residence, but offers a solid gold alternative that seems perfect for the first family;
And, speaking of the first family, Trump's recently reported hatred of sharks --- revealed by adult film actress Stormy Daniels in the wake of revelations of her alleged affair with Donald Trump and $130,000 hush-money payoff just before the 2016 election --- has resulted in an outpouring of donations to shark charities across the nation and the world! See? Donald Trump can do some good in this world after all!
Finally, speaking of donations, as we celebrate The BRAD BLOG's 14th Anniversary this week (thanks to those who have stopped by BradBlog.com/Donate), a plea to support ALL independent progressive media, including whatever station or outlet you may use to enjoy listening to The BradCast every day!...
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On today's BradCast: Donald Trump and his Great American Shitshow continues today, though he has now received a very helpful hand from Congressional Democrats, for reasons that may beggar the imagination. [Audio link to show is posted below.]
First up today, a quick word on the allegations regarding $130k in hush money said, by the Wall Street Journal, to have been paid by Donald Trump to a porn star just before the 2016 election, reportedly to hide a sexual liaison during his marriage with the now-First Lady, and on the sordid sex and blackmail scandal now roiling Missouri's new "family values" Republican governor, Eric Greitens. In normal times, of course, both stories would be huge news everywhere and we'd be discussing impeachment and/or resignation of both men. These days, however, each scandal is barely breaking the national news radar.
Then, more encouraging election news for Democrats this week in Tuesday's special elections around the country, with Dems flipping another long-held Republican seat in a deeply "red' area, this time in the Wisconsin State Senate. The results seem to be freaking out the state's controversial GOP Governor Scott Walker in advance of his own re-election contest later this year and signals a possible Dem takeover of the state Senate in advance of 2020 redistricting!
Next, Congress is on the verge of reauthorizing a warrantless mass surveillance program that civil libertarians on the right and left have long opposed and characterize as a blatant violation of the U.S. Constitution's 4th Amendment privacy protections against unwarranted search and seizure. Last week, after Trump made it clear he had no idea what Section 702 of the FISA Amendments Act actually was --- despite his administrations' long time lobbying of Congress to reauthorize and, indeed, expand it, it for another 6 years --- Republicans in the U.S. House passed it with the help of several Democrats (including House Minority Leader Nancy Pelosi).
This week in the U.S. Senate, a bi-partisan group lead by Senators Rand Paul (R-KY) and Ron Wyden (D-OR) fell one vote shy of blocking the measure through a filibuster. So it now appears the legislation will clear both houses and sent to Trump for his signature.
We're joined today by ELIZABETH GOITEIN, former Dept. of Justice attorney, now co-director of the Liberty and National Security Program at NYU's Brennan Center for Justice, to explain Section 702, the efforts to lobby against its reauthorization, and why it is that many Congressional Democrats are willing to join Republicans in granting the Trump Administration's NSA, DHS, FBI, DOJ, CIA, etc., extraordinary new powers to secretly spy on every American citizen's phone calls and emails without warrant, due diligence or even probable cause.
While the legislation was "driven primarily by Republican leadership," she says, there were "enough Tea Party style Republicans who have really rallied in support of greater privacy protections" that some marginal reforms were added. Though, she explains, they aren't really reforms at all, and the entire dangerous package could not have moved forward had Dems stuck together in opposition.
"It's a failure of Democratic leadership," Goitein tells me. "At the last minute, [Senate Minority Leader] Chuck Schumer said he would vote no on cloture [to end the filibuster] --- but he hedged that and said, 'Amendments should be in order and we should have the chance to look at amendments, but the bill itself is not that bad, it makes improvements to the law'. Which is not true. It actually takes the law backwards. Minority Leader Pelosi in the House did even more damage...coming out in support of the bill and opposing the amendment that would have made these improvement. And then a whole bunch of Democrats went along with her."
Goitein argues "there was a full court press by intelligence officials" to pass this measure. So, even Trump's cluelessness about it was unable to prevent it from moving forward, even as it allows for the emails of two American citizens speaking to each other --- with no foreign target in the mix --- to be indexed, searched and read by the FBI without an order from any court. She explains the horrible details in depth on today's show, and why it has been so difficult to challenge this provision in a court of law.
Finally, nearly every member of the bipartisan National Park Service Advisory Board has resigned en masse this week, citing the Interior Department and its Secretary Ryan Zinke's failure to hold any meetings with the board, as required by law, during the entire first year of Trump's Presidency. The Administration's response to the mass resignation today is almost as disturbing, if not more so, than the resignation itself.
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On today's BradCast: Yet another mind-blowing adventure in attempted election oversight. This time regarding the complete destruction of all paper ballots in the middle of a Florida lawsuit, following an election between two Democrats, one of them a powerful member of Congress. [Audio link to show follows below.]
But first: Deadly and costly disasters, natural and otherwise, top the news headlines on today's program. Among them: the catastrophic Amtrak train derailment on a brand-new line near Seattle, the second straight week for still-raging apocalyptic wildfires in Southern California, and the continuing disaster in Puerto Rico where, three months after Hurricane Maria came ashore, one-third of the island is still without power and the Governor has finally conceded that the official death toll of 64 may be off...by as much as 1,000!
All tolled, hundreds of billions will be needed to rebuild from those deadly disasters, and yet Republicans in Congress are still hoping to pass a $1.5 trillion tax cut, largely for wealthy Americans, before Christmas. Their scheme took a troubling turn over the weekend, as a new provision was added to the legislation during reconciliation of the House- and Senate-passed versions late last week. The new provision, it was revealed by David Sirota at International Business Times, would give special tax breaks to owners of large real estate holding LLC's like President Donald Trump, House Speaker Paul Ryan and, most curiously, Sen. Bob Corker who, on Friday, mysteriously reversed his previous opposition to the bill after the new provision was tacked on, in what many are now calling the #CorkerKickBack.
Then, we're joined by journalist, documentarian and election integrity advocate LULU FRIESDAT to discuss the remarkable turn of events recently revealed in response to multiple public records requests she has made over the past year in hopes of reviewing hand-marked paper ballots from the Democratic primary election last year between Rep. Debbie Wasserman-Schultz and her Bernie Sanders-endorsed challenger Tim Canova.
Just weeks after being forced to step down as chair of the DNC amidst the release of stolen emails from party officials, Wasserman-Schultz soundly defeated Canova in the first primary she'd faced in her six terms as a member of Congress. But, unexplained vote count numbers --- such as hundreds of more voted ballots than voters signed in to the poll books in the 23rd Congressional District race in Broward County, FL --- led to Friesdat's attempt to examine the paper ballots by hand, in hopes of determining if they were tallied correctly by the county's computer tabulators during the August 2016 Democratic primary. Eventually Canova himself filed a lawsuit against the county's Supervisor of Elections Brenda Snipes, after Friesdat says she was continually denied access to the materials.
In November of this year, well over a year after Snipes certified the contest, both were finally invited to inspect the Broward County ballots only to learn upon arrival that all of them had actually been destroyed by the county in the middle of the lawsuit. Only digital images of what were purportedly the original ballots were available for examination, according to Snipes, in what appears to be, according to Politico's survey of election experts, a clear and stunning violation of federal election law requiring all such materials be retained for 22 months after an election.
Friesdat tells me that neither her nor Canova had any idea the ballots were destroyed before showing up to review them. "If you're looking at digital scans, and you don't have the original ballots to turn to, at that point you have no way of verifying that ballots haven't been switched out, that ballots haven't been added, that ballots haven't been taken away --- you don't have any verification that those are the original ballots."
Oddly enough, she explains, "in the very first public records request in November [of 2016], I requested all of the digital ballot scans for the election, and I was told that they didn't have them, that they didn't exist. And then it turned out that they did exist. So the county was duplicitous in regard to that information."
As to what's really going on here, Friesdat demures from speculation, but says, based only on what is already known on the public record, that "according to Politico, seven legal experts that they consulted all agreed that the ballots being destroyed was illegal."
It is of a piece, she observes, with the recent revelations in Racine County, WI, in November of this year, when multi-partisan election transparency advocates were finally allowed to review some of the computer-scanned paper ballots from the 2016 Presidential election. After months of similar public records request, they were allowed to view original paper ballots, only to find that, in the precincts they examined, anywhere from 2 to 6% of perfectly valid Presidential votes had been ignored by the computer tabulators entirely. That, in an election where Trump is said to have pulled off his shocking statewide victory by less than 1%.
"What's going on here is actually just a representative sample of the problems that we have with our elections, and which you have been reporting on for over a decade," Friesdat says. "We're heading into the 2018 primaries. We at least now have a growing understanding and awareness that, in many cases, our election results may or may not be accurate, and that the protocols we are using in order to get those results are not secure." She offers many other troubling observations on all of this during our conversation today.
Finally, four U.S. Senators --- two of whom had previously called for Sen. Al Franken to resign amidst allegations of inappropriate conduct --- are now, according to a new report today, said to be hoping that he might reconsider his previously-announced plans to resign "in the coming weeks", before the Senate Ethics Committee has even investigated the charges against him...
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On today's BradCast, there are two major stories to cover. Both huge. But the one that is receiving less coverage than it needs, is the one likely to upset American life as we know it for decades.
First today, Donald Trump's former National Security Adviser, Gen. Michael Flynn, pleaded guilty to one count of lying to F.B.I investigators about conversations he had with Russia's U.S. Ambassador concerning sanctions against Russia and a U.N. vote regarding Israel during Trump's transition to office, among other things.
He is being offered leniency by Special Counsel Robert Mueller in exchange for his cooperation in the on-going Trump/Russia probe. The White House spent the day downplaying the charges, though reports and court documents filed on Friday indicate the President's Son-in-Law and senior adviser Jared Kushner could be among those now in the sites of federal investigators. Flynn is the fourth member of Team Trump to be charged by the Special Counsel and the first to have served during the Administration itself.
As that played out on Friday, Senate Republicans continued to push their massive $1.5 trillion tax scam through Congress, which, as we discuss today, is much more than just a massive tax cut for corporations, donors and the wealthiest U.S. citizens. The bill has also become a catch-all for long-sought, far right-wing causes, such as establishing rights for fetuses and repealing a 60-year old ban on partisan political activity by tax-exempt religious organizations.
In addition to offering windfalls for the rich, while increasing taxes on most of the middle-class, the far-reaching legislation will also curb the ability for states and cities to provide basic needs to residents, while otherwise undermining the economic system on a generational scale by removing deductions for state and local taxes, higher education and much more.
Perhaps most disturbingly, as experts and lawmakers admit, the scheme will blow such an enormous hole in the long-term national debt that, as Republicans have made clear, additional massive cuts to social safety-net programs such as Medicare, Medicaid and Social Security will be next on their agenda. In all, the massive redistribution of wealth from low- and middle-income Americans to the richest elite in the country will serve to cripple generations of younger Americans.
But, yes, Michael Flynn was charged with a crime on Friday and may now sing on the President and his team. The White House is likely unhappy about that, even if Republicans in Congress are unlikely to mind the distraction at all, as they push their generational tax scam over the finish line.
Finally today, speaking of paying a price for generations to come, Desi Doyen joins us for the latest Green News Report...
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IN TODAY'S RADIO REPORT: Trump EPA holds climate hearings in Coal Country; Winter heat wave hits Greenland and breaks records in the U.S. West; New federal contracting scandal exposed in Puerto Rico's very slow recovery; PLUS: Good news for breathers in Wisconsin and Missouri... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): NOAA nominee contradicts Trump administration talking points on cause of climate change; Atlantic hurricane season from hell is finally over; EPA curb on PFOA may have reduced number of low birth weight babies; Ex-convict coal baron Blankenship to seek WV Senate seat; Environmentalists assail plan for endangered wolf; Trump Admin may share nuclear technology with Saudi Arabia; Climate scientists watch their words for grant funding; Trump to visit UT to announce national monument cuts; MI wants to replace all lead pipes within 20 years; San Diego sues Monsanto over water pollution; Rising seas will destroy historic East Coast sites; Missouri DNR causes a stink after shutting down attempt to rein in hog farm odors... PLUS: NYT Video series: How to fix global warming... and much, MUCH more! ...
On today's BradCast: The three stories we cover at the top of today's show --- another long-range missile launch by North Korea, GOP tax cuts for the wealthy moving forward in Congress, and a Trump-appointed federal judge who just decided in favor of Trump (and seemingly, against the rule of law) in an unprecedented battle for leadership of a federal agency --- all underscore the importance of the rest of today's disturbing program. [Audio link to full show is posted below.]
An effort just before the Thanksgiving holiday by citizen volunteers at WisconsinElectionIntegrity.org (WIE) finds that inaccurate results were certified in Wisconsin's 2016 Presidential election, which Donald Trump is said to have won by just 22,000 votes over Hillary Clinton, out of some 3 million ballots cast.
Wisconsin was one of three states, along with Michigan and Pennsylvania, where Green Party candidate Jill Stein had filed for "recounts" and forensic audits of voting systems, after the Clinton Campaign declined to heed the pleas for such an audit by computer scientists and voting systems experts who begged her campaign to do so. Stein's post-election effort was largely stymiedby Team Trump and various statutes in each of those states. A statewide tally was allowed to move forward in Wisconsin, however only about half of the state's ballots were hand-counted, as municipalities were allowed to carry out their choice of either manual- or machine-tallied "recounts".
After finding an alarming number of uncounted ballots in Racine County precincts during last year's machine "recount" (see documentary filmmaker Lulu Friesdat's alarming coverage of election officials refusing to hand-tally clearly valid votes there during Stein's attempted "recount") the volunteers at WIE filed, and paid for, a public records request to examine the hand-marked paper ballots in a number of those wards.
Recently, they were allowed to review those ballots and, as they feared, many perfectly valid votes had gone uncounted by the optical-scan systems both during the original Election Night tally and the so-called "recount" in counties that used the same faulty computer scanners for the second count, after they had similarly mistallied ballots on Election Night.
I'm joined on today's show by longtime election integrity advocate and WIE's statewide coordinator KAREN McKIM to discuss the group's findings, revealing that the ballot scanning computers used in some 57 municipalities across the state had failed to tally anywhere from 2% to 6% of the ballots with valid Presidential votes in each of the Racine precincts they were allowed to examine a week or so ago. In other WI cities which chose to count by hand during Stein's "recount", McKim tells me, those same scanners had originally missed anywhere from 9% to 30% of valid Presidential votes! All of that in a state which Donald Trump is said to have won last year by less than 1%.
"They were ignored by the voting system entirely," says McKim, "and that's what made the miscount - or should have made the miscount obvious to the election officials even before they certified. You could look at those election results that the voting machines spit out on their face and you could see that hundreds of votes were just missing. If you compared the total number of ballots cast to the total number of presidential votes counted, you should have known --- they should have known --- that two percent of the voters didn't go to the polls so that they could cast a blank ballot. The miscounts were obvious at the time of the canvas, and the county officials did nothing about it."
Nearly a year after the election, in late September of this year, the state Election Commission finally decertified the 20-year old Optech Eagle computer tabulators, after finding that the systems fail to tally votes at all if the "wrong" type of ink is used to make selections by the voter. The same systems are still used, according to Verified Voting, in other states, such as Indiana, Massachusetts and Virginia, and may be used again in Wisconsin next year, as the state decertification allows municipalities to wait until after the November 2018 mid-term elections to replace them.
McKim, however, tells me that those faulty machines don't necessarily explain "the really widely varying error rates from precinct to precinct. ... Why the city of Racine machines were missing more votes than the suburban machines? I don't know. You'd really have to do a forensic investigation to figure that out." But, of course, Stein was not allowed such an investigation in any of the states where she sought them.
If it weren't for Stein's attempted audit, she says, the problems may have gone completely ignored. "The poll workers noticed the missing votes when they closed the polls that night. They noted it on their inspector's reports. The municipal canvas looked at it, and I talked to the Municipal Clerk, and she said, 'I didn't know what we were supposed to do about this, so I certified it and sent it to the County Clerk.' And then the County Clerk looked at those results. She too --- and again, you could not ignore a miscount of that size --- and she just said, 'Well, it's the municipality's job to send me the accurate results. Whatever they send me, it's not my job to correct it.'"
"There is not a county in the state of Wisconsin where the county election officials check accuracy of the vote totals. They all just certify by looking at the computer tape and saying, 'Oh, look who won.'"
McKim, who is a retired quality-assurance manager, says "Every other manager that uses computers, from your grocery store to the bank to the city treasurers, they all know and accept that their computers are going to miscount from time to time. So they have routine procedures in place to check and correct before it's too late. Election administrators are the only computer-dependent managers we allow to get away with not checking the computer output for accuracy. It's insane."
"The county canvass procedures clearly allowed massive miscounts, obvious miscounts, just to go undetected and uncorrected. And that's unacceptable," she added, going on to detail what the group plans to do next, and how computer tabulation systems other than the Optech Eagle, "new or old", should never be trusted for use without citizen oversight.
We also discuss what such oversight should look like, if public Election Night hand-counts are possible in Wisconsin, how citizens elsewhere can carry out similar audits, and much more during today's show...
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On today's BradCast: Accurate reporting matters. So do accurately tabulated elections. So does accurately reporting about elections and their results and allegations made about attempts to "hack" American elections. [Audio link to show follow below.]
While the U.S. corporate media have ever-so-slightly improved since they fell hook, line and sinker for the George W. Bush Administration's government propaganda following 9/11 --- resulting in the Iraq War and all that has come, and is still coming ever since --- they're not doing much better when it comes to Trump's saber rattling over Iran's non-existent "nuclear weapons program", or their coverage of the government's claims concerning Russia's alleged "hacking" of election systems in 2016. (Or, as MSNBC's Rachel Maddow unhelpfully describes it over and over, "Russia's attack on our election!")
We try, today, to help clarify what the U.S. Dept. of Homeland Security and the corporate media did not, when it came to DHS' erroneous allegation in late September that the "Russian government" attempted to hack voter registration systems in 21 states and that "no votes were manipulated or changed" in the 2016 election. (For example, as we noted at the time, days later, DHS admitted they were wrong about Wisconsin, and California's Democratic Sec. of State said further investigation revealed that claims "turned out to be bad information from DHS." As to whther any votes were changed in 2016, the DHS admitted over the Summer that they don't know, because they never actually checked!)
But, hey, if it takes concerns, accurate or otherwise, about "Russia hacking" our elections to wake up the nation and its government to the very real threats posed by electronic voting, tabulation and registration systems we'll take it! We've worked for nearly 15 years here at The BRAD BLOG and on The BradCast to warn about that threat --- whether it comes from Russia, China, Iran, North Korea, ISIS, France, Germany, some guy in Little Rock, Arkansas or any election official or insider anywhere in the nation!
So, on related matters, and what we will all look forward to as the 2018 election cycle begins, we're joined by longtime Orange County, CA Registrar of VotersNEAL KELLEY, following the first meeting of the new DHS Election Infrastructure Coordinating Council, created after President Obama's Directive in January declaring the nation's election systems, in all 50 states, to be recognized as "Critical Infrastructure" by the U.S. Government.
Kelley, a member of the new 27-member council which convened in D.C. over the weekend for the first time, joins us to explain what this panel actually is; what the designation as "critical infrastructure" actually means in practical terms for the nation's voting, tabulation and registration systems; how this commission was set up, who appointed its members, and how it differs from Trump's phony "Election Integrity" Commission; whether the "critical infrastructure" designation intrudes on states' Constitutional independence in running their own elections; whether the U.S. Election Assistance Commission (or EAC, on which Kelley is also an Advisory Board member) should be defunded, as Republicans in Congress have long sought; how DHS dropped the ball on 2016 and its aftermath; and, while we have him here, whether or not Orange County will ever replace its 100% unverifiable Direct Recording Electronic (DRE) voting systems with a verifiable paper ballot system. (See my own disastrous experience with the OC's voting system back in 2011 here.)
We also get Kelley's reaction to a newly-signed CA law (AB-840), supported by Democrats and virulently opposed by many Election Integrity advocates, that allows County Registrars to completely ignore millions of provisional and Vote-by-Mail ballots when conducting their state-mandated 1% post-election manual "audits".
Finally, speaking of Trump's phony voter fraud commission (which is decidedly distinct from the DHS panel that Kelley now sits on!), we've got several pieces of troubling news today, including the recently reported child pornography arrest of one of its researchers, and the sudden death on Monday of one of the Commission's very few Democratic appointees...
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On today's BradCast, the future of American democracy itself is once again in the hands of a now-stolen U.S. Supreme Court, in what democracy advocates describe as a case that is likely to help determine the partisan balance of Congress and state legislatures for decades.
But, first up today: Updates on Donald Trump's embarrassing Tuesday jaunt to hurricane-torn Puerto Rico, where the official death toll has now doubled from 16 to 34 and is expected to go much higher as 3.4 million U.S. citizens on the island still face desperate circumstances with food and water shortages and 95% of the island remains without power two weeks after Hurricane Maria (despite Trump's bizarre claims to the contrary.) Also, a few updates on what little more we now know about the massacre in Las Vegas on Sunday, the lack of a known motive for the deadliest mass shooting in modern U.S. history, and the shamefully transparent attempts by both the White House and Congressional Republicans to avoid any legislative policy action in its wake.
Then we move on to what democracy advocates describe as one of the most important cases to be heard by the U.S. Supreme Court in years. Oral arguments in Gill v. Whitford were heard on Tuesday. That is the case where a three-judge federal court determined the state of Wisconsin had used severe (and secret) partisan gerrymandering to redraw district maps after the 2010 census. In so doing, despite receiving a minority of votes (48.6%) after the new maps were drawn, Republicans gained an extraordinary 60-to-39 majority in the State Assembly.
The GOP is now appealing that federal court ruling to SCOTUS, which has held racial gerrymandering to be unconstitutional in the past, but has never ruled on whether purely partisan gerrymandering, as in this case, violates the Constitutional rights of voters.
He explains how high the stakes are in this case (which could result in court challenges to electoral maps in virtually every state in the union), the arguments presented by both sides in the matter, and how everyone --- attorneys and Justices alike, were focused on making their case to Justice Anthony Kennedy, who will most likely determine the course of U.S. democracy for decades to come, thanks to the Republicans' stolen 5 to 4 majority on the Supreme Court itself.
"This case is everything," Daley tells me. "If this case is not decided on the side of democracy, on the side of competitive elections, there will be nothing to stop Republicans, who are likely to be holding the pens in all of these states in 2021 from doing the same thing, only with more sophisticated technology that's developed over the last decade, with better data analytic skills than they had in 2011, with stronger predictive algorithms to try to figure out where people are going to live and how they are going to vote for the next decade. It will be 2031 before Democrats get another shot at the maps if this case is decided the other way."
Daley sees the case now before the Supremes as "potentially bigger" than either 2010's Citizens United, which gutted campaign finance laws, or 2013's Shelby County, which gutted the Voting Rights Act. "This is the future of our democracy right here."
"Republicans reinvented the gerrymander in 2010 and 2011. This is not the same kind of gerrymander that you had 'back in the day.' This is different," he insists, as I press him on whether Democrats are carrying out the same type of partisan maps in states that they control. "This is space-age extreme gerrymandering on steroids. It has given Republicans huge advantages in all of these states that they control. Ohio, a very swing state, is represented by 12 Republicans and 4 Democrats. Michigan is 9-5, even though Democrats in 2012 got a quarter of a million more votes. These are 50-50 states and it has made our politics deeply uncompetitive. There's no swing in these swing districts. You have not had a single seat go from red to blue in any of those swing states. On these maps, no seats have gone from red to blue this entire decade."
Incredibly, the Republican Justices other than Kennedy seem to believe the matter should not be decided by the courts, but should be left to the same rigged legislatures which created this mess in the first place. "In Michigan, this last decade," he notes, "Democrats have gotten more total votes every time. Republicans have kept control. This is the case in state after state. They have enshrined this problem. We need the Court here to come in and fix democracy"...
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On today's BradCast, we open the phone to callers to discuss another very busy news week, though most want to talk about election integrity. That's good. [Audio link to show follows below.]
Among the stories we cover before we get to listener calls: The Trump Administration is blocking members of Congress --- both Democratic and Republican --- from taking military flights down to Puerto Rico, for some reason, where the disaster for 3.5 million U.S. citizens following Hurricane Maria is said to be quickly deteriorating. Meanwhile, Trump continues to sing his own praises for his handling of the disaster, while using his Twitter account to tweet about the NFL instead of offering help or support for the storm victims.
Then, the state of Wisconsin finally decertifies its terrible, two-decade old Optech Eagle paper ballot tabulators which will only read marks in pencil (not pen). That, despite many WI municipalities which used those same machines to both tally and then 'recount' the 2016 Presidential election, rather than ever count ballots by hand. Those machines may well be replaced by 100% unverifiable touch-screen systems. Also, though the U.S. Dept. of Homeland Security informed the state late last week that Russia attempted to hack their voting system last year, it turns out DHS now admits has no such evidence.
Here in California, where DHS told the state the same thing last week (and apparently got it wrong there as well), Democrats in the state assembly recently passed a bill, AB-840, that will make stealing elections easier, by removing nearly half of the ballots cast from the state's 1% post-election hand 'audit'. Governor Jerry Brown (D) is now deciding whether to sign the bill, which election integrity advocates and voting system experts are begging him to veto instead, describing AB-840 as a "roadmap to fraud". You can contact the Governor with your opinion on whether he should sign or veto right here.
Callers ring in on all of that today, and challenge me on a point or two regarding voting and election fraud, before Desi Doyen joins us for the latest Green News Report, on the rapidly devolving humanitarian crisis in Puerto Rico, and even some good news about coal for the Pacific Northwest (and for all of us, in truth)...
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Republicans in the U.S. Senate finally throw in the towel (again) on their latest scheme for killing the Affordable Care Act ("Obamacare"), which would have taken away health care from "millions" of Americans. But is thisreally the end? (Might we suggest Bernie Sanders' "Medicare-for-All" instead, Mr. President?);
The humanitarian crisis in Puerto Rico after Hurricane Maria worsens. Rather than take action, Donald Trump tweets insults appearing to blame the 3.5 million American citizens who live there for their woes after the devastating Category 4 storm;
Trump continues to issue threats to North Korea, with one expert now putting the odds of a conventional war with the isolated Asian nation at 50% --- and of nuclear war at better than 1 out of 10!;
A new and very careful academic study finds thousands of eligible voters were prevented and/or deterred from voting in just two of Wisconsin's largest counties in the 2016 Presidential election, thanks to discriminatory Republican Photo ID voting restrictions in the state;
Desi Doyen joins us for the latest Green News Report with updates on Puerto Rico after Maria, toxic exposure and cleanup in Texas after Harvey, and how global warming has made all of those dangers much worse;
And, finally, The Daily Show's Trevor Noah perfectly sums up Trump's ginned-up "controversy" over NFL players taking a knee during the national anthem in solemn, respectful protest of racial injustice, in just 22 seconds...and it even rhymes!...
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On today's BradCast, the stolen U.S. Supreme Court begins to pay dividends for Republicans and the GOP's deadly Senate healthcare legislation continues to take much-deserved heat from all sides, including doctors, Nobel laureate economists and now the non-partisan Congressional Budget Office. [Audio link to show is posted below.]
But, first up today, Kansas Sec. of State Kris Kobach, the long-time "voter fraud" fraudster who has been tapped to head up President Trump's so-called "Election Integrity Commission" (actually, a voter suppression commission), has been sanctioned by a federal court for "deceptive conduct" in the ACLU's case against his attempted proof-of-citizenship voter registration restrictions. That's almost the best news we have on tap today, though we do manage to find a few bright spots here and there.
Meanwhile, the U.S. Supreme Court session came to a close on Monday, with the Court allowing some of Trump's Executive Order "travel ban" to be implemented in advance of a full hearing now scheduled for next October, when the Court's new session begins, in what my guest today describes as a "qualified victory" for the Administration. The Supremes also issued a ruling today requiring state officials to allow same-sex parents to be listed on birth certificates, and scheduled a hearing for next session regarding businesses who choose to discriminate against same-sex couples, in what my guest, legal journalist MARK JOSEPH STERNof Slate.com, describes as a case that could seriously imperil non-discrimination laws for the LGBTQ community and become a full-blown "constitutional catastrophe" in the bargain. Stern argues that the birth certificate opinion reveals the position of Justice Neil Gorsuch ("he of the stolen seat"), to be "a surefire vote against LGBTQ rights" and "just as bad" as the late Antonin Scalia on such matters.
Then, with a new study from AP finding extreme partisan gerrymandering accounted for some 22 Republican U.S. House victories in 2016 and untold number of GOP state legislative victories, we discuss SCOTUS announcements from last week in two free-speech cases and a related Court ruling issued on a rather massive case of unconstitutional partisan gerrymandering in Wisconsin.
That case, as Stern describes, could have an impact on American elections as far reaching as Citizens United but, depending on how the Court rules, in a positive direction for those of us who give a damn about free and fair democratic representation and elections. On the other hand, if the stolen majority on the Court decides the wrong way, it could result in our embarrassing system of "democracy" becoming even more so.
Finally today, we close with a much needed laugh regarding some "100% unverifiable" listener email...
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On today's BradCast: Our friend David Robertsof Vox.com on making sense of Donald Trump's seemingly senseless decision making process --- and, somehow, learning to live with it and/or contain the damage. [Audio link to show follows below.]
But, first up today, some good news! The U.S. Supreme Court has declined to hear North Carolina Republicans' appeal of the U.S. 4th Circuit Appeals Court ruling last year striking down what many have describes as the "Mother of All Voter Suppression" laws. The appellate court had found that state Republicans included provisions in the law that were intentionally discriminatory in that they were drafted in order to "target African-Americans with almost surgical precision".
But while that law was blocked last year in NC and will now remain blocked for the foreseeable future there, a similarly discriminatory Photo ID voting restriction was allowed to be used in Wisconsin last year, where Trump is said to have won by just 22,000 votes despite some 300,000 voters in the Badger State --- disproportionately African-American, poor, elderly and students --- who do not have the type of ID now required to vote under the GOP's restriction.
Last week, we detailed a new analysis of the affect of that law on the Presidential election results in WI last year, finding that some 200,000 otherwise legal voters may have been prevented from casting their vote. Today, we detail some of the specific voters who were prevented from voting last November, because of the discriminatory law, including, as AP reports: "The Navy veteran whose out-of-state driver’s license did not suffice, or the dying woman whose license had expired, or the recent graduate whose student ID was deficient", among others.
Then, we're joined by Vox' Roberts who, late last week, published a Tweetstorm in response to Donald Trump's firing of FBI Director James Comey, in which he attempted to explain why it's so difficult, if not impossible, for journalists, politicians and the public to make sense of the President's decision making process. That is largely, Roberts detailed in his Tweetstorm and in a follow-up article at Vox and to me today, because Trump doesn't have any such process --- at least beyond what feels good at the moment he makes the decision based largely on whatever the last person he talked to told him about the issue.
Roberts' assessment, which cites psychological conditions such as Narcissistic Personality Disorder and something called "Theory of Mind", actually helps to illuminate the reasons for Trump's otherwise, seemingly, reason-free process.
"There's clearly something wrong with the dude," says Roberts. "From all indications he just doesn't have those beliefs and commitments that carry over from situation to situation. By all indications on the surface, what he's doing is: every situation is new. He gropes around for what makes him feel powerful or in charge, and then sort of lunges at that, with no thought of commitments that came before, or consequences that might come after, or how it relates to other things he's said, or other people he's committed to, or anything really!"
"I compare it to a goldfish. Every situation is new. Every day is new. And he's just this sort of bundle of impulses." But while that, Roberts explains, makes Trump so difficult to cover from a journalistic standpoint, or to understand from a political or voter's perspective, it's also what makes him exceedingly dangerous. "Imagine if there's a viral outbreak, or imagine if North Korea really tries to provoke him. Even his allies --- even the people in his administration --- have to be thinking 'Do I know what he's going to do in that situation?'"
While many try to explain Trump's decisions as some grand design, or even as an attempt to distract from one issue or another, Roberts argues it's usually far simpler (and more troubling) than that. He also speaks to what we --- journalists, politicians and citizens --- can all do now in hopes of minimizing the damage that he will be able to cause until he finally leaves office one way or another...
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On today's BradCast: The stunningbreakingnews that FBI Director James Comey has been fired by Donald Trump hits smack dab in the middle of today's show.
Other than that, we also cover a whole bunch of other noteworthy stuff today, including...
South Korea elects liberal candidate who wants to open relations with North Korea as new President, Donald Trump about to get very confused;
Trump Campaign scrubs own website amid federal court hearing on 'unconstitutional' Muslim travel ban;
Sally Yates makes mincemeat of both hypocritical U.S. Senators from Texas during her Monday Senate testimony;
Vulnerable Rep. Rod Blum (R-IA) walks out of interview in a huff after being asked perfectly reasonable question;
New study finds GOP Photo ID voting restriction laws suppressed huge number of voters in 2016, including some 200,000 in Wisconsin (which Trump reportedly won by 22,700 votes);
Illinois Senate calls Republican Governor's bluff, advances bi-partisan bill for automatic voter registration;
Desi Doyen joins us for the latest Green News Report as France votes for climate action and climate change-fueled extreme weather turns deadly in Midwest and South East.
Oh, and did I mention Donald Trump suddenly fired FBI Director James Comey today?!!...
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About Brad Friedman...
Brad is an independent investigative
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