On today's BradCast: We're now just one week from Election Day. But as today's guest underscores, we may be much farther away from knowing who actually won it, given disturbing vulnerabilities that remain in our nation's voting system, beginning --- if not ending --- in the battleground state of Florida. [Audio link to full show is posted below summary.]

But first, the Trump Administration announced over the weekend, via White House Chief of Staff Mark Meadows, that it is no longer even trying to prevent the spread of COVID-19, with Meadows telling CNN that "we aren't going to control the pandemic." Rather, he said, they'll work on mitigating its effects, eventually, through the development of therapies and vaccines.

That, as the U.S. hit its third peak of infections over the weekend, with new daily records that outpaced those from the June-July peak, which previously outpaced those from the original March-April peak. The pandemic is getting far worse, not better, and it's now being super-spread by the President of the United States himself at maskless rallies around the country. The virus which has now killed almost a quarter of a million Americans in the past six months is also being similarly spread by Vice President Mike Pence at rallies, even after five of his top staffers and advisers, including his Chief of Staff Marc Short, were revealed over the weekend to have tested positive.

On Monday morning, Trump actually tweeted that reporting on COVID numbers should now be outlawed. At the same time, talks on a new emergency relief package for the American people, between the White House and Democrats in the U.S. House, collapsed yet again. And, in response to all of the above, the Dow plummeted 650 points on Monday.

Things are not going well, just one week out from Election Day, even after some 60 million Americans have already cast their vote this year, outpacing all early voting from 2016.

But, if you think Election Day will be the answer to all of our woes --- while I pray you are right --- you may want to hedge that bet. One of my greatest fears about the election, a ransomware attack, appears to already be playing out in one county in the battleground state of Georgia. In Hall County, a ransomware attack has hit the county's elections infrastructure by taking out its voter signature database and a precinct map hosted on its website. If a similar attack were to occur on or before Election Day, in any one of the thousands of counties which now rely on the Internet or networked computers to allow voters to cast a vote at all, we could see absolute chaos. This President, of course, is all to ready to exploit such a case to his advantage with the help of gerrymandered Republican-controlled state legislatures around the country and a compliant (and stolen) U.S. Supreme Court (made even more stolen today by the confirmation of Amy Coney Barrett in the U.S. Senate.)

Down in the critical battleground of Florida, as my guest explains today, voters may never even know if the election is stolen from them. That guest today is the legendary, former 28-year Supervisor of Elections in Leon County (Tallahassee), Florida, ION SANCHO, who was so well-respected by his peers on both the right and left he was appointed to oversee the eventually-aborted year 2000 recount between Al Gore and George W. Bush in the Sunshine State.

On Friday, Sancho sent an urgent letter [PDF] to the Supervisors of Elections in 47 of Florida's 67 counties which use wireless cellular modems to transmit precinct election results to county headquarters after the close of polls on Election Night. The letter warns that those modems --- and the Internet connections to them at the counties' central tabulators --- can be easily hacked "from anywhere in the world." If they are, he explains on today's program, it's very likely that such a hack, changing election results, would never be noticed by election officials.

"The issue is that we’re using equipment that is not secure," Sancho tells me. "To quote Sen. Marco Rubio, 'Many Florida election officials are arrogant over their belief that they can’t be touched, that they are secure.' And this is a state that does not compare the numbers that we generate on those electrical optical scanners to the actual, physical votes on the piece of paper. We’re completely dependent upon those electronic totals on Election Night."

Manual examination of hand-marked paper ballots in Florida, to make sure the reported computer tabulation was correct, is prohibited by state law. Sancho details his concerns about those modems --- which are not federally certified for use in elections --- and how the state's election officials can avoid the threat posed by this very serious vulnerability to the state's election infrastructure. Making matters worse, he notes, "We do not audit the paper ballots to confirm that the election totals are correct. And that’s a huge, huge problem – not just in Florida, but everywhere in the country."

"Most of the election officials were not even aware that their systems were connected [to the Internet], because the vendor [in this case, ES&S, the nation's largest] never told them. You’re almost 100% dependent upon the vendor for the information about your system. So our most public process – our elections process, which is public – really are controlled by private entities."

"The worst-case scenario," with the modems now used in the systems in Florida, "is that a man-in-the-middle attack could actually intercept the totals that are being electronically-transmitted over the Internet, and manipulate them --- not only to the central tabulator, but re-routing back into the actual digital voting machine and altering the results in that device," he warns. "You could have a complete disaster here."

Sancho may be familiar to some listeners from his landmark appearance in HBO's Emmy-nominated 2006 documentary Hacking Democracy, in which he allows an experiment by "white hat" Finnish hacker Harri Hursti. In the film's climactic scene, we see an actual hack of one of Leon County's optical scan systems, as carried out by Hursti in a mock election. The hack flips the results of the election in a way that would never be noticed by elections officials, save for a manual examination of the hand-marked paper ballots cast.

Sancho also offers his concerns today about whether the 2020 Presidential election could become a redux of what played out in Florida in 2000, when a weeks-long battle to determine who would be President of the United States was kicked off on Election Night, after an optical-scan tabulator --- for reasons still unknown to this day --- recorded negative 16,022 votes for Al Gore in Volusia County. The election was ultimately decided in favor of Bush by an "official" margin of just 527 votes, thanks to a right-wing U.S. Supreme Court which stopped Sancho's statewide hand recount from ever being completed...

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The COVID-19-related tale that the President spun last month, during his lengthy RNC acceptance speech, wasn't even close to the truth. His administration is not "focusing on the science, the facts and the data" in order "to save as many lives as possible." His new "plan" will not permit everyone, other than high-risk Americans, "to safely return to work and to school". (Emphasis added).

To the contrary, with the U.S. COVID death toll already approaching a gruesome 190,000, Trump's Orwellian "plan" is to depict his abject failure to save lives as a smashing success. In addition to recklessly and dangerously claiming to prepare for a Nov. 1 date for the release of a COVID-19 vaccine prior to the completion of clinical trials, the White House has now adopted a pseudo-scientific and lethal strategy that could kill millions of Americans.

It is one thing for epidemiologists, in their medical literature, to describe "herd immunity" as a naturally occurring phenomenon, where, as the result of an epidemic --- as opposed to a safely developed and fully-tested vaccine --- a large number of surviving individuals acquired long-term immunity to a communicable disease. Epidemiological literature tracks instances where the number of naturally immunized survivors reached a "threshold", which, in turn, led to a decline in the incidence of future infections to such a disease, creating an "indirect immunity" for a community at large.

It was an altogether different proposition when the new White House "Covid Health Advisor", Dr. Scott Atlas, recently proposed a strategy to create a naturally occurring "herd immunity" to the deadly COVID-19 virus in the United States. Aside from, somehow, attempting to protect a small group of high-risk individuals --- the elderly, the sick and the immune-compromised --- Atlas' proposed scheme, echoed by the President, would allow the deadly virus to spread quickly to everyone else as they "return to work and to school."

The notion that you can protect a small group of high-risk individuals, while allowing the deadly virus to spread to everyone else, ignores the science of community spread. Children who acquire the virus at school, for example, can serve as a major source of COVID-19 infections for their more vulnerable parents and grandparents. Moreover, while risk levels may differ, coronavirus infections have led to deaths within all age groups. The death toll is not confined only to those with already-compromised immune systems. As Kristin Urquiza said, when tearfully addressing the Democratic National Convention, her previously healthy 63-year old father's "only preexisting condition was believing in Donald Trump."

Atlas is a Senior Fellow from the libertarian Hoover Institution. He is a radiologist, with no professional expertise in epidemiology or in treating infectious diseases. Like many Trump sycophants, he has frequently appeared as a contributor on the President's favorite propaganda outlet, Fox "News".

His proposal to create "herd immunity" was promptly embraced by our science-eschewing President and by his Chief of Staff Mark Meadows, according to The New York Times, which cited a recent appearance on Fox in which Trump moronically averred, "Once you get to a certain number --- we use the word 'herd' --- once you get to a certain number, it's going to go away."

Horrified medical experts were quick to describe the Atlas/Trump "herd immunity" strategy as "dangerous". But it's much worse than that. Given deadly uncertainties and the potential for a genocidal death toll, the Atlas/Trump "herd immunity" strategy is patently insane.

While it may not entail the same deliberate desire to commit mass murder, an effort to create a naturally occurring COVID-19 "herd immunity" is as mad as Adolf Hitler's infamous "Final Solution" --- at least in terms of the massive lethal results.

Yes, it is that insane...

On Wednesday night at the Republican National Convention, the GOP's candidate for the vacant seat in North Carolina's 11th Congressional District offered some strange remarks. Today, on The BradCast, his Democratic opponent joins us to offer his response. [Audio link to full show follows below.]

Retired U.S. Air Force Colonel MOE DAVIS has a distinguished, 25-year career in the military that includes a boatload of awards and honors. As Chief Military Prosecutor at Guantanamo Bay, he pushed back against the George W. Bush Administration, refusing to use evidence obtained through torture against accused terrorists. When forced to do so anyway, he resigned. Later, while serving as a national security expert for Congress, he penned an op-ed critical of Obama's use of prosecutions at Gitmo. He was fired.

Now he's running for Congress as a Democrat in a NC District where Donald Trump reportedly won by 57 points in 2016, for the vacant seat previously occupied by Trump's latest Chief of Staff, Mark Meadows. But there are new court-ordered Congressional maps this year in North Carolina, after the previous Districts were found to have been unlawfully gerrymandered by state Republicans. The old maps allowed Republicans to hold 10 of 13 U.S. House seats over the past decade in one of the most closely divided states in the nation. Davis (and other experts) contend that while his District may still lean Republican, it is now much less so.

Moreoever, Davis will be running in November against a dashing 25-year old Republican kid --- and apparent Nazi-enthusiast --- by the name of Madison Cawthorn. You may have seen him speak from his wheelchair during Wednesday night's RNC. Col Davis joins us today to respond to some of Cawthorn's somewhat bizarre remarks (in which he incorrectly claimed that James Madison signed the Declaration of Independence when he was 25 --- though Madison did not sign the Declaration at all) and other elements of Cawthorn's apparently made-up resume.

Davis notes that his opponent was recently thanked "for his service to the country" on television by a Fox "News" anchor who apparently associated his wheelchair with military service. In fact, he was paralyzed in a car accident during a Spring Break trip to Florida when he was 18. "He didn't correct her," says Davis. But facts and telling the truth are no longer required in the Republican Party. In fact, both are apparently frowned upon. So Cawthorn could be the party's next superstar! "He plays fast and loose with the truth," charges Davis. "And I guess if you're on the side that 'alternative facts' are acceptable, then he's got a whole bag full." But, Davis concedes, Cawthorn "always gives you a good show. He's a handsome young man, very charismatic and articulate," before adding: "There's a lot of sizzle there but not much beneath the surface."

He says Cawthorn had promised to finally offer proposals for things like climate change and health care during his RNC speech, but instead argued simply that "conservatives" must "win the argument on both health care and the environment." He didn't bother to offer any actual argument, however. That on a night that a monster hurricane was speeding toward the Texas/Louisiana border --- the second one in a week --- while huge wildfires burned out west, after 3 nights of the RNC in which not one speaker seems to have uttered the words "climate change" even once.

"Mr. Cawthorn's plan for addressing health care is that we need more insurance companies," says Davis, who describes that as "laughable...If you're out of work, having more insurance companies isn't going to help you. That's his fresh new plan for the Republican Party.

For his part, Davis explains his own positions on several of these issues and others affecting some of the more rural (Republican-leaning) parts of his District. After the recent court-ordered redistricting in the swingiest of swing-states, the 11th District is now believed to be more Democratic, as it includes much more of Asheville. Davis notes that many describe the progressive city as "the Berkeley of the Blue Ridge....A big blue dot in the middle of a sea of red." He offers confidence that he'll be able to flip this previously "deep red" district to "blue" this year. He also shares his thoughts, as a law enforcement official himself, on calls from the Left for police reform amid continuing protests against systemic racism and a rightwing vigilante who murdered two peaceful protesters in Kenosha, WI on Tuesday night. And we discuss what he thinks about Donald Trump's pretend opposition to the Iraq War and threats to fill up Guantanamo Bay again, after it was nearly emptied during the Obama Administration.

Also on today's show: Desi Doyen joins us for details on the devastating damage wrought overnight by the monster Hurricane Laura in Louisiana and the bizarre, dangerous Night 3 of the RNC where Vice President Mike Pence gave his Presidential-sounding keynote address. He warned that violence in the streets under the Trump Administration is actually what we can expect, ironically enough, from "Joe Biden's America" --- to a maskless crowd filled with vulnerable elderly war veterans. Hopefully the event does not turn out to have been a COVID-19 super-spreader event, or Pence's closing promise to "Make America Great Again...Again" may never come to pass...again.

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Under the guise of protecting federal property and public safety, a militarized secret federal police force, deployed by President Trump to Portland, Oregon, has unleashed a totalitarian assault on democracy and the rule of law. The brutal assault has trampled the civil liberties of peaceful protesters, journalists, legal observers and bystanders.

The astonishing offensive has extended well beyond the boundaries of federal enclaves. It also entailed a great deal more than the arbitrary application of police violence. Wearing military fatigues with patches bearing only the word "POLICE", previously unidentified, armed federal stormtroopers roamed city streets and sidewalks, arbitrarily snatching-up terrified citizens, who they whisked away in unmarked vehicles.

In a federal lawsuit filed late on Friday, Oregon Attorney General Ellen Rosenbaum challenged these wholesale violations of civil liberties and alleges that the arbitrary snatch and grab operation also creates a "risk" that law abiding, peaceful protesters could be kidnapped by armed and unaccountable, civilian right-wing "militias".

Separately, the ACLU, seeking to rein in what its staff attorney, Vera Eidelman, aptly described as an "unconstitutional nightmare", filed a 2nd amended complaint, which added the U.S. Department of Homeland Security (DHS) and the U.S. Marshals Service (USMS) as party Defendants to the ACLU's already successful federal lawsuit. That lawsuit was initially filed previously against the City of Portland.

Earlier this month, U.S. District Court Judge Michael H. Simon issued a Temporary Restraining Order (TRO) and, later, a Preliminary Injunction [PDF], that blocked the Portland Police Bureau "from arresting, threatening to arrest, or using physical force...against any person they know or reasonably should know is a Journalist or Legal Observer...unless the Police have probable cause to believe such individual has committed a crime." The injunction also prevents police from seizing photographic, audio and video-recording equipment. (To its credit, the City of Portland agreed to the issuance of the preliminary injunction.)

By way of a newly filed Motion for a TRO [Temporary Restraining Order] and Preliminary Injunction, the ACLU now seeks a ruling from Judge Simon that would provide the same injunctive relief against the DHS and the USMS. In their motion, the ACLU described Trump's secret police as "shock troops" who "were successfully subjugating protesters and carrying out [the President's] longstanding vendetta against the press."

DHS and USMS were not the only federal agencies that have taken part in the trampling of civil liberties in Portland. In its federal complaint, Oregon also named the Federal Protection Service (FPS) and U.S. Customs and Border Protection (CBP) as party Defendants.

Where both the ACLU and Oregon complaints lay out facts that support the assessment offered by Kelly Simon, ACLU Oregon's interim legal director, that Trump's stormtroopers have been "terrorizing the community, risking lives, and brutally attacking protesters," Oregon's complaint, unlike the ACLU's, seeks declaratory and injunctive relief designed to remedy the violations of the 1st, 4th and 5th Amendment rights of all affected citizens, including protesters and bystanders. Oregon also alleges that these agencies, especially the CBP, have violated Oregon's sovereign right to protect its own citizens.

Despite this disturbing, uninvited and unwelcome federal deployment --- as well as the now very serious legal challenges --- on Sunday, White House Chief of Staff Mark Meadows told Fox "News" to expect a "roll out" of similar deployments to "Chicago or Portland or Milwaukee or someplace across the heartland of the country"...

Given the disturbing news out of a D.C. Appeals Court today in the Michael Flynn case, we begin today's BradCast with a few words of warning about what is likely to come between now and November 3rd (and even beyond), and how we all must now collectively approach that day in order to save this Republic. This is not a test. This is the real thing. And, as our darkest hour gets darker still --- and it will --- we must stay focused on the only thing that offers hope right now, the only thing that matters: making very real changes at the White House and Congress this November.

After that serious-as-a-heart-attack public service announcement/warning, we break down just why the surprise ruling by two Republican appointees to the U.S. Court of Appeals in D.C. today --- in response to an unprecedented motion by Donald Trump's former National Security Advisor and confessed federal felon Michael Flynn --- is so damning, dangerous and unprecedented.

The three-judge panel's majority ruling [PDF], ordering Flynn's case to be dismissed --- as Trump demanded and as corrupt Attorney General Bill Barr facilitated in opposition to the career prosecutors who successfully obtained Flynn's guilty plea (twice, before two different judges) --- was written by Judge Neomi Rao, a former White House staffer who Trump recently appointed as a federal appeals court judge. The entire matter is about as corrupt as it can get, but it may not be over yet. The full D.C. Circuit Court of Appeals may decide to rehear Flynn's unprecedented motion, given "the question of exceptional importance" raised by the matter, as allowed by law. The lower U.S. District Court was not even allowed to hold a hearing on the Dept. of Justice's Motion to Dismiss their own case before Flynn filed for a writ of mandamus to force U.S. District Court Judge Emmett Sullivan to approve the DoJ's motion before it was even heard.

As Judge Robert Wilkins, the lone Democratic-appointed judge on the three-judge appellate panel wrote in his dissent, his colleagues "grievously" overstepped their judicial powers with their order. If the surprising ruling holds, it will, as BRAD BLOG legal analyst Ernie Canning wrote last week, mean that the court has become "complicit in the President's corruption of the rule of law," which is "tantamount to an abandonment of the Judiciary's constitutional function to act as a check against Executive Branch abuses of power."

At the same time as that stunning order was issued by the D.C. Court of Appeals panel, two DoJ whistleblowers were testifying about similar cases of corruption at the Department by senior political appointees working at the behest of Barr and Trump in the case of Roger Stone, another Trump crony found guilty of lying to federal officials (just as Flynn had admitted he did as well) in relation to the Robert Mueller Special Counsel probe into Russian inference in the 2016 election. We share some of today's disturbing testimony by Aaron Zelinsky, one of the career prosecutors who refused to sign off on the DoJ's attempt to reduce the sentencing recommendation for Stone, Trump's pal and longtime dirty-tricksters (found guilty here on all seven counts), despite what he described as "heavy pressure from the highest levels of the Department of Justice," including senior political appointees who, he alleged, were "afraid of the President."

"It’s very important that we recognize what’s happening now," warned Donald Ayer, another witness at today's hearing and a former Deputy Attorney General under George W. Bush. "What’s happening now is much worse than what happened in Watergate --- much worse. It’s across-the-board. It’s a systematic effort to undo the checks that were put in place in Watergate and others that existed in the Constitution. And we need to do something about it."

The corruption of the Flynn and Stone prosecutions are now so far off the rails from what the U.S. Department of Justice is supposed to stand for that it is difficult to fully express how much dark trouble this now portends for our nation. Thus, we have one hope left --- our last firewall against full-blown authoritarianism in this country --- this year's critical general elections. To that end, there were primaries held on Tuesday in Kentucky, New York and Virginia along with a few other key races elsewhere. We're joined today by longtime progressive political blogger and Congressional campaign expert HOWIE KLEIN of Down With Tyranny to discuss a number of election results from Tuesday in New York and Kentucky which appear to suggest some very good news for progressives. We say "appear" because several of those elections are currently reported to be very close and, due to the coronavirus (which had its single biggest day of new infections in the U.S. on Wednesday), it will take some time for officials to tally the unprecedented number of absentee mail-in ballots cast. We run through several of the key races with Klein (he details many more here today) why they matter, and how a number of them they are likely to scare the hell out of the establishment on both the Left and Right.

"There were wins and losses," Klein tells me. "It wasn't like the progressives wiped out the [Democratic] conservatives. But thank goodness it didn't go the other way. So yes, it was a good night for progressive Democrats."

Also worth a quick mention today: The 24-year old Republican dude named Madison Cawthorn, who defeated the Trump-endorsed candidate in the GOP runoff to become the nominee to fill former Congressman turned White House Chief of Staff Mark Meadows' seat in North Carolina. And ALL of the electronic pollbooks in Virginia Beach, Virginia's 100 precincts failed on Tuesday...

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