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Latest Featured Reports | Thursday, March 28, 2024
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
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The Secret Koch Brothers Tapes...


Elder pretends to care about 'election integrity', lies about fraud before Election Day; Senate Dems reach fantastic election reform 'compromise'; More anti-vax RWers 'bite the dust' while inflaming the pandemic for all...
By Brad Friedman on 9/14/2021 6:57pm PT  

Get ready for another roller-coaster ride on today's BradCast, which also happens to be Recall Election Day in California. [Audio link to full show is posted below this summary.]

As of airtime on Tuesday, we heard of no major reports of voting problems at the polls across the Golden State, though that may be thanks to so many already having voted by mail or during early voting. But, while pretending to support "election integrity" during an interview on MSNBC, Larry Elder, rightwing talk show host and GOP front-runner to become Governor if popular Democratic Gov. Gavin Newsom loses on the ballot's first question, was busy lying about "fraud" and the "twisted results of this 2021 Recall Election" on his "Stop CA Fraud" website, before any results are known whatsoever. Oh, and he's also threatening the use of the "ammo box" if the results don't go his way.

(And, in related comment, we discuss why these "Will you accept the results of the election tomorrow?" questions are really unfair and unhelpful gotcha questions, that it would be really nice if media stopped asking.)

In far brighter news, a group of eight U.S. Senators --- representing the broad political spectrum across the Democratic caucus in the upper chamber and including Joe Manchin --- announced a "compromise" election reform package with a ton of really really good stuff in it. Among the huge number of long overdue reforms in what they have dubbed the "Freedom to Vote Act": Automatic and same-day voter registration for all; restoration of voting rights for former felons; federal minimum standards for absentee voting, drop boxes and early voting; an end to partisan gerrymandering; curbs on dark money in elections; the prevention of the ability of partisan state legislatures to overturn results derived by non-partisan election officials; new cybersecurity standards for computerized voting systems; and much much more.

The devil is often in the details, and I've yet to review the actual legislative text as of airtime, but from the summary description made available by Sen. Amy Klobuchar, chair of the Senate committee that oversees federal elections and campaign law, almost any one of the items included in this proposed bill would be hugely good news. I'll need to review the specific language on the measure's requirements for hand-marked paper ballots to sign off on that part of the bill, but even the proposed requirements for Voter ID are very good ones. They will serve to force states with purposely restrictive Photo ID voting restrictions (enacted to suppress the vote, not to protect against fraud) to be much less onerous, while avoiding new restrictive mandates in the majority of states which already have reasonable ID rules or few at all.

The legislation is based on Manchin's personal "compromise" version of the For the People Act and John Lewis Voting Rights Advancement Act, both of which have already been passed by the House. Manchin is one of the eight Senators who worked out this proposal, and is said to be reaching out to bring Republicans on board. Of course, even if all 50 Senators who caucus with the Dems vote in favor, as appears likely (Schumer says he is scheduling a vote for next week), it seems unimaginable that any Republicans will join them, much less the 10 that would be required to overcome a Senate filibuster. But with Manchin as a co-sponsor, it will now be on him to get the GOP votes needed for passage or face the prospect of no long-overdue election protection at all...UNLESS he is willing to support a "democracy reconciliation" carve-out to the Senate filibuster. It should be a very interesting, maddening and/or fantastic week or two. We'll be following it all very closely, of course.

And, as Dems are trying to improve representative Democracy in the U.S., Republicans are still, apparently, in the business of simply trying to kill as many Americans as they can to make some sort of twisted political point.

Yet another fervent, anti-vaxxer rightwing radio and TV host died from COVID over the weekend, the fifth in the past month and a half. And while we've had a modicum of sympathy for some of the others who have recently passed, as we explain, this one, 62-year old Bob Enyart, is very difficult to feel anything but contempt for.

We have slightly more sympathy, however, for the wildly misinformed and brainwashed 64-year old anti-vax QAnon supporter and highway overpass activist and YouTuber, Veronica Wolski who bragged last month on her final video about never having worn a mask in her life, and about the need to "NEVER COMPLY" with any COVID public health measures in order to "never give up your freedoms" so "you never have to fight to get them back."

She won't be fighting for anything anymore. Wolski died over the weekend from COVID-related illness in the ICU, but not before the QAnon dupes, led by disgraced Georgia attorney Lin Wood, sicced supporters on the hospital trying to save her life and threatened its workers with "murder" charges unless they agreed to treat her with Ivermectin, the horse deworming medicine not approved for treatment of COVID. That, before Wood declared on his Telegram channel to his more than 800,000 followers: "Now, we go to war."

Unfortunately, deadly climate change (not to mention COVID) is what wingnuts should be going to war against. As Desi Doyen explains in our latest Green News Report today, yet another massive tropical storm, Hurricane Nicholas, is now knocking out power (again) and drenching the U.S. Gulf Coast with some 20 inches of rain in parts of Texas flooded out in 2017 by Hurricane Harvey and sections of Louisiana that were already still under water following last week's Hurricane Ida. President Biden, meanwhile, is pushing for action on climate in his $3.5 trillion budget reconciliation bill, and his EPA is taking several long-overdue actions on behalf of clean, non-toxic drinking water across the U.S., and an age-old salmon fishery in Alaska...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: No, we weren't 'united' after 9/11. My 'Presidential Speech', written 20 years ago this week. Plus: Callers...
By Brad Friedman on 9/13/2021 6:44pm PT  

On today's BradCast: Election Day for the California Gubernatorial Recall is tomorrow, though many have already voted across the nation's most populous state with Vote-by-Mail ballots. And we also share some thoughts on 9/11 that may be very different from the coverage of its 20th anniversary over the weekend.

Today would have been the last chance for CA Sec. of State Dr. Shirley Weber to mandate a statewide post-election Risk-Limiting Audit (RLA), as the nation's top cybersecurity and voting system experts have urgently asked her [PDF] to do on an "emergency" basis. That, following a recent voting system security breach that effects election management systems and tabulators made by Dominion, as used in 60% of the state's counties. Despite their pleading, Weber declined to call for such an audit.

Instead, she sent a letter [PDF] in reply to the security experts who contacted her with "urgent" concerns, after she held a meeting with them last week (which we reported on in detail on Friday). She sung the praises of California's election security process in the letter, and dismissed their concerns, as AP's coverage highlighted, as "inaccurate," noting that, in any event, there was no time to mandate such an audit because it would require "significant preparation, training and testing."

"Further," she wrote the group of top voting and cybersecurity scientists in the nation (and perhaps the world), "the implication that California’s elections cannot be conducted safely and securely without [a more rigorous audit] is inaccurate, as California has the strictest voting system testing, procedures for use and security requirements in the nation."

Suffice to say, as we've been reporting in detail over the past month (as succinctly summarized by longtime listener/reader Sheila Bernard in an L.A. Times Letter to the Editor today) --- ever since a Republican County Clerk in CO made illicit copies of the Dominion Election Management System (EMS) software in her county before it was later released to the Internet for wide download, to the shock and horror of the voting system scientists whose warnings Weber has now ignored --- what happens next is anyone's guess. In its latest coverage, AP cites local election officials in the state, such as Santa Barbara County Clerk Joe Holland claiming it would be "near impossible" for anyone to manipulate results. "It's not even a concern," he said.

That disregard for the scientists warning of the need for "emergency actions" brings to mind a comment from one of those scientists, University of South Carolina's Duncan Buell, who told us on The BradCast last week: "I have seen well meaning election officials with too little skepticism and too much hubris. And I think that's a problem." It certainly might be. We'll find out, perhaps, in a day or two.

At the same time, we report on a few other problems that polling place voters have reportedly had trying to cast their ballot in Los Angeles County over the weekend, thanks to yet another failure of the County's new electronic pollbook system. The same system failed repeatedly during its maiden use in the 2020 election cycle and, over the weekend, the new computer systems incorrectly informed both Democratic and Republican voters that they had voted already...when they had not, in at least two different voting locations. Those voters were given provisional ballots and the e-pollbooks in question were said to have eventually been removed from operation, according to a statement from the L.A. County Registrar's office.

Both California and the nation are now on pins and needles. There are disturbing implications if Democratic Gov. Gavin Newsom is removed from office in California and replaced in the Recall by rightwing talk show host Larry Elder, particularly with the state's 88-year old U.S. Senator Dianne Feinstein in office with the barest of majorities for Democrats in the Senate.

Next, there were 20th anniversary commemorations over the weekend to mark the horrific terror attacks of September 11, 2001. Along with it, there was more repetition of the false claim that "America came together, united as one after the attacks". That has always been a myth, as we discuss today.

To underscore that myth, I share a part of my 20-year old, never before shared publicly (I think), "My Speech to the Nation After 9/11 (Were I President, Which I am Not.)" which I wrote and shared with family members on September 14th, 2001, just days after the attacks. The speech, as written (but, obviously, never delivered) was, to say the least, a very different one --- with a very different call to action --- than the one delivered at that same time by George W. Bush. And, had I been President at the time (which I wasn't), it likely would have resulted in a very different America and world today. Whether it would be a better one? Well, you can decide and let me know.

Finally, we open up the phone lines today to callers on all of the above, many of whom are focused on questions and concerns about the CA Recall...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Emily Levy of Scrutineers, Jim Soper of NVRTF; Also: GOP freaks out over Biden's vaccine mandate; Cat 5 super typhoon targets Taiwan...
By Brad Friedman on 9/10/2021 6:58pm PT  

On today's BradCast: There's an old idiom about the importance of "knowing the room" you're talking to. It seems the California Sec. of State and/or her office may be unfamiliar with that old idiom. At least based on the bizarre request they made during a meeting on Thursday with some of the nation's top cybersecurity and voting systems experts, asking them to be "cheerleaders" for the state's voting system security procedures. That, following the recent theft and release of key voting system software by rightwingers that has set the hair of those computer scientists on fire, leaving them to urge the SoS to take "urgent" and immediate "emergency actions" to protect Tuesday's Gubernatorial Recall in the Golden State. [Audio link to full show is posted below this summary.]

But before the inside details on that meeting, Republicans are now predictably freaking out after President Biden announced reasonable, science-based mandates on Thursday, requiring millions of federal employees and contractors to be vaccinated against COVID-19 without an option to test out. There was nothing particular unusual about the executive directive. There are thousands of such vaccines mandates across the country, and have been for decades. They have long been approved by both state and federal courts.

But the GOP, having abandoned any and all actual policy agenda, has become little more than a party of grievance and evidence-free conspiracy theories. Following Biden's new mandates, their heads are exploding as they vow to sue and are equating reasonable new efforts to try and help keep Americans alive (while the Delta variant is surging and infecting and killing more school children) with "tyranny" and "Hitler". Some, including a top U.S. Senate candidate in Ohio, are even encouarging violence against Government officials he is now equating with the "Gestapo".

But that's what Republicans now do. Back here in the Not Crazy World, in places like San Francisco, the city's Health Department announced this week that there have been zero outbreaks of COVID since the school year began in mid-August. That's thanks to universal masking and other common sense requirements for staff and students alike. Contrast that with Florida and Texas and other GOP run states, where schools are shutting down yet again as hospitals are being overwhelmed with cases.

When they're not drama queening about the "FREEDOM!" to infect and kill their friends, family, neighbors and co-workers, they're busy pretending that elections are being stolen from them, despite any hint of evidence to support such serious charges. Lack of evidence this week has not prevented either the former President or rightwing radio host Larry Elder from claiming the ongoing CA Recall election is "rigged" if the popular Democratic Gov. Gavin Newsom is not removed from office...in a state where registered Ds outnumber Rs by about 2 to 1.

But even if there is no evidence to date of the "voter fraud" Trump and Elder are certain is going to rob Republicans of a victory, there is reason to be concerned about the results of the September 14th Recall. As we've been reporting over the past month --- too often exclusively --- the theft by a Republican County Clerk in Mesa County, Colorado of the Election Management System (EMS) software made by Dominion Voting Systems, and its wide release for download by anyone via the Internet, has placed Tuesday's election in peril, according to cybersecurity and voting systems experts.

Last week, eight of them penned an "urgent" letter [PDF] to CA Sec. of State Dr. Shirley Weber, warning her about the serious security breach caused by the release of the key software used to run and tabulate elections in nearly 60% of California counties. Those top experts --- including UC Berkley's Philip Stark, Georgia Tech's Rich DeMillo, the legendary cybersecurity and voting system white hat hacker Harri Hursti, Livermore National Laboratory cyber expert and longtime CA Sec. of State voting system Advisor David Jefferson, Univ. of South Carolina's Duncan Buell and others --- urged Weber, in their letter, to immediately mandate statewide, public, post-election Risk-Limiting Audits in order to ensure both the accuracy of the computer-tallied results and confidence in them by the public.

"It is critical to recognize that the release of the Dominion software into the wild has increased the risk to the security of California elections to the point that emergency action is warranted," the scientists wrote to Weber, citing the "critical new risk to the recall election" and how to mitigate those risks.

As we've reported, along with a number of the scientists who sent that letter who have appeared on this program, the Secretary's office, while claiming the state's existing security procedures will protect against any problems (even though the scientists explained otherwise in their letter), seemed to be in denial about the concerns. As we've reported, her office had not even offered a direct reply to the scientists until they and a number of state election integrity advocates were invited to a last-minute video conference meeting with Weber and her staff yesterday.

It was at that meeting where the participants --- again, some of the world's top experts in computer and voting system security --- were asked to be "cheerleaders" for California's current security procedures. Of course, anyone who knows folks like the legendary Hursti would be likely to laugh at that particular request.

We're joined today by two participants in Thursday's video meeting with Weber, longtime election transparency advocate EMILY LEVY of Scrutineers.org and JIM SOPER, co-chair of the CA-based National Voting Rights Task Force, which had also sent a letter to Weber urging improved post-election processes following last month's leak of the Dominion EMS software.

Levy confirmed that participants were asked, to be "cheerleaders" during the meeting. "Absolutely, that did happen," she tells us today, confirming my own reporting with a number of other participants. "And I have to say it was quite surprising, especially when coupled with the turning down of our requests about doing the Risk Limiting Audit. So, 'No, we won't do what you're asking, but we do want you to be cheerleaders for the security of the election.'"

"You know, I will applaud any increase in security procedures that I am aware that they are doing," she added. "But I'm certainly not in any position, and I don't think anyone there is, to put our reputations on the line saying  we'll swear by the security of this election. Especially if they're not going to be increasing auditing procedures."

Both Levy and Soper suggested the office seems to understand that the Dominion Election Management System software has now been released, but didn't seem to fully appreciate the threat it poses to the election, as the scientists --- who were also on the video call --- made clear in their letter. "I didn't hear the level of alarm that I think is warranted," Levy notes.

"I think she understands the threat," Soper argued, before explaining that "a big part of the problem is the shortage of time" between now and Tuesday's Recall Election Day. He says, however --- as did UC-Berkeley's Stark, a signatory on the letter, participant in Thursday's meeting and the inventor of the Risk-Limiting Audit protocol --- that there are simplified versions of the RLA format that could be implemented quickly enough and announced for before Tuesday to avoid the appearance of partisanship.

"There is something called a 'Ballot-Polling Risk-Limiting Audit' that they could do," says Soper. "It's not as effective [as a regular, full RLA], but it would be better than doing nothing." He also notes that Weber asked the meeting participants to "send in a little letter with some notes on what we think should be done [and] that they're going to consider 'what can we do?' out of all of these suggestions."

Weber, a Democrat, may not be as concerned as she could be about all of this, as recent polling shows opposition growing to the removal of Newsom. Still, holding ones breath and crossing ones fingers is hardly a recipe for either success or for the protection of election results that voters of all political leanings can have confidence in.

On the other hand, Levy offers several actions that the public can take in the meantime, both from inside and outside of California, to help oversee and secure the election and try to ensure its integrity, via her Scrutineers site.

Finally today, we close with yet another warning of yet another monster hurricane. This time, it's the Category 5 Super Typhoon Chathu that recently spun up in record time. It's now set on a deadly collision course with Taiwan. Just more fallout from our ever-worsening climate emergency in yet another record storm season fueled by non-stop man-made global warming...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Vote system expert Dr. Duncan Buell; Also: GA's criminal Trump probe 'inches forward'; Pillow Guy says something really REALLY stupid...
By Brad Friedman on 9/8/2021 6:20pm PT  

It's an old cliche by now that every bad disaster movie begins with a scientist's warnings being ignored. We'll continue to hope, on today's BradCast, that California's Gubernatorial Recall election, with voting under way right now and Election Day next Tuesday, doesn't turn into a bad disaster movie...now that CA's Democratic Secretary of State seems to be ignoring the urgent warnings from a whole bunch of the nation's top computer scientists. [Audio link to full show is posted below this summary.]

Several weeks ago, polling of likely voters in the GOP's sleazy attempt to oust Democratic Gov. Gavin Newsom from office in a special recall election, suggested a dead heat on the question of removal for the otherwise popular progressive Golden State Guv. Today, more recent polling suggest Newsom is up by more than 10 points among those considered to be likely voters, according to 538's average of recent surveys, and by about 8.5 points in RealClearPolitics' round-up. That, after the very Trumpy, far-right Republican radio host, Larry Elder, has emerged as Newsom's likely replacement if the Governor loses on the ballot's first question as to whether he should be recalled.

In the meantime, as we have been highlighting over the past month, California's state election officials should be very concerned about a new security threat to the election itself following the theft of Election Management System (EMS) software made by Dominion Voting Systems. The vendor's systems are used to run elections in nearly 60% of California jurisdictions. Copies of its EMS software were apparently purloined in the middle of the night by a far-right County Clerk in Mesa County, Colorado last May before being released to the wilds of the Internet during MyPillow CEO Mike Lindell's phony "cyber symposium" last month. That release now poses "critical new risks to the recall election," according to eight of the nation's top cyber security and voting system experts. They sent a chilling, 3-page warning letter [PDF] to CA Sec. of State Dr. Shirley Weber late last week, advising her to mandate a statewide Risk-Limiting Audit (RLA) as the "one critical action" she can and should take immediately to try and mitigate against this "serious threat" which, the experts argue, warrants "emergency action" on the part of state officials.

One of the authors of that letter, DR. DUNCAN BUELL, Chair Emeritus in Computer Science and Engineering at University of South Carolina, joins us on today's show to explain the letter, the threat and the need for the SoS to take action now, rather than waiting until after Election Day.

"If the results are known first and then somebody says 'let's audit', there will always be some skepticism and some conspiracy theory that the reason for the audit is because the result came out different from somebody in power who wanted it to be a different result," Buell tells me. "You've got to mandate the audit before you have the result so the voters know that this is being done specifically for the right reasons."

He goes on to explain how the EMS software, which can now be downloaded and explored for vulnerabilities by anyone with an Internet connection, is "absolutely central to everything" when it comes to running elections on computer systems. "The EMS is almost certainly going to be configuring ballot styles --- even for hand-marked [paper] ballots, where the bubble is to be filled in, in terms of position on the page --- and it's going to be the system at the end of the day that does the tabulations. So anything that is that central is really critical."

When I ask if it's an overstatement to refer access to the EMS software as "the keys to the kingdom" when it comes to computerized voting and tabulation systems, Buell confirms: "I don't think that's an overstatement at all. That's very much the case."

Even with the recent shift in polling, suggesting a possible lead for Newsom in the Recall, Buell notes, "I don't necessarily think either side should be breathing a 'sigh of relief' because the problem really is that the election system needs to be secure, and the election process has to be done in a transparent way that voters can trust and understand. With the release of the [EMS] software, it's hard for anyone to really feel that what's going to happen is what ought to happen unless there is a statistically sound Risk-Limiting Audit conducted after the fact, just to make sure things got done right. This is a question of confidence, transparency, and the fact that we don't get to do elections over."

He offers much more insight on all of this during our conversation today, as based on his many years of experience with voting systems as both a Professor and expert witness in voting system related cases and challenges across the country. We discuss the lack of response the eight top experts have so far received from Sec. Weber in CA, and a dismissive --- and arguably naive --- statement given by her office to AP last week following the release of the letter.

"I have seen well-meaning election officials with too little skepticism and too much hubris," Buell warns. "I think that's a problem. We don't know what the results are going to be, so we don't know ground truth for what's going to come out of this recall election in California. We can't do it over. This means that, yes, all of the processes have to be rock solid. But it also argues that there needs to be a way, after the fact, to make sure that the outcome that you think you got is the outcome that you should have gotten. That's what one of these RLAs, Risk Limiting Audits, will do."

He also observers that California is lucky, in that the inventor of the RLA protocol, Philip Stark of U.C. Berkeley, is right here to help. Stark is also a signatory of the letter to Weber. He joined us on the show several weeks ago, just after the stolen Dominion EMS software was released, to explain the serious concerns at that time --- well before the national media had noticed any of this, and before CA's SoS got around to seemingly ignoring the warning and advice of the nation's top experts in the field.

Given that Donald Trump is already falsely and predictably claiming that the CA Recall is "a rigged election", as is Fox "News", it's even more imperative that Weber mandate a professional, publicly witnessed, statewide post-election audit now (as opposed to the type of scammy, secret, "audit" theater recently carried out by inexperienced, partisan, conspiracy buffoons in Maricopa County, Arizona, for instance) before the computer-tallied results of next week's critical Recall Election are known.

Speaking of fraud and conspiracy buffoons, we have a bit of fresh news this week about the slow, but still "ongoing" criminal investigation by Fulton County, Georgia District Attorney Fanni Willis into the conspiracy led by Donald Trump to try and strong-arm Peach State officials into stealing the election on his behalf last year. That probe could also end up targeting fellow conspirators Sen. Lindsey Graham (R-SC) and Rudy Giuliani.

And then we close with the really really dumb comments from MyPillow conspiracy buffoon Mike Lindell, in which he recently seems to have thrown himself under the bus on his own streaming video channel, in regards to the $1.3 billion defamation lawsuit he is currently facing from Dominion Voting Systems...

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Guest: Legal journalist Mark Joseph Stern; Also: Cybersecurity and voting system experts alert CA SoS to stolen election software threat to Recall...
By Brad Friedman on 9/7/2021 6:07pm PT  

We're back! Luckily it was a slow news week while we we're off last week, right? Okay, maybe not. So, on today's BradCast we begin to pick up on just some of that "slow" news. [Audio link to full show is posted below this summary.]

After nearly month or so of trying to ring alarm bells for the national media and election officials in California, hoping they would connect the dots between the ongoing CA Gubernatorial Recall election and the threat of Dominion Voting Systems election software stolen from a Mesa County, Colorado's County Clerk's office (apparently BY the Mesa County Clerk herself!) and released into the wilds of the Internet, we had some progress late last week!

Eight of the nation's top cybersecurity and voting systems experts sent an urgent 3-page letter [PDF] to CA Sec. of State Shirley Weber, warning her about the threat that the stolen software now poses to the CA Recall (Election Day is next Tuesday, Sept. 14th) and the need for her to immediately mandate a statewide post-election Risk Limiting Audit to both ensure the computer-tallied results are accurate and to offer confidence in those results to those who may think they are not. That, no matter who wins or loses. As we reported late last week at The BRAD BLOG, the scientists, in their letter to Weber, warn the Secretary that "it is critical to recognize that the release of the Dominion software into the wild has increased the risk to the security of California elections to the point that emergency action is warranted."

Associated Press reported on the letter as it was released last Thursday, as did we. But the response from the SoS' office for now is, shall we say, somewhat lackluster. We hope to have more on this as the week progresses and Election Day nears. But at least it's not only us with our hair on fire about these serious concerns.

Next, there were three disturbing rulings issued --- largely in the middle of the night --- by the stolen and packed GOP majority on the U.S. Supreme Court while we were gone or just before we left. All three cases have major consequences. And, in all cases, the rulings were issued without hearings, oral argument, public debate or oversight, or even full explanation from the rightwing Justices.

One "stunning" ruling prevents President Biden from setting U.S. immigration policy, by forcing him to continue the so-called "Remain in Mexico" policy instituted by his predecessor for asylum seekers coming up from Central America; Another blocked the President's moratorium on evictions amid the pandemic; and, perhaps the most disturbing one, as you may have heard, effectively overturns the long-standing precedent of Roe v. Wade's constitutional protections of the right of a woman to have an abortion in the state of Texas. All three decisions were issued with no hearings or public debate and virtually no comment from the Justice's as part of the Court's "Shadow Docket" while they are on Summer break between terms.

Longtime legal journalist MARK JOSEPH STERN has been warning for a while about the increasing use (and abuse) of the "Shadow Docket" by the increasingly activist authoritarian Court, now that it's been packed with three Donald Trump appointees, rammed onto the Court after Senate Republicans did away with the filibuster to do so. Now, as we discuss with Stern on today's program, it should be clear to just about everyone what it is that he's been warning about.

"With the Shadow Dockets, it means that basically we all have to be on high alert 24 hours a day, 7 days a week, because at any time the Supreme Court could issue a monumental decision overturning decades of precedent," says Stern, with little or no warning or explanation.

On the "Remain in Mexico" ruling, Stern observes: "You might have thought that the Supreme Court does not let lower court judges issue sweeping injunctions blocking the President's immigration policies. As you recall, under Trump, the Supreme Court's conservatives leapt in, time and time again, to swat down judges who had tried to halt the former President's immigration rules. But all of that is out the window now that Joe Biden is in the White House. Instead, we have a new principle here that, apparently, the President no longer runs foreign policy." In fact, in this case, that lower Trump-appointed judge actually ordered Biden to enter foreign policy negotiations with Mexico and, astonishingly, the high court let the order stand without comment!

"The hypocrisy here is stunning," Stern argues. "The Supreme Court said that the President gets to make immigration law over and over again under Trump. Remember the travel ban case? Remember the wealth-test case? Remember all of these awful cases where the Supreme Court said Trump can do whatever he wants? And then Biden comes in, and the Supreme Court says Biden can't do anything he wants."

On the eviction moratorium, also overruled by the rightwing Justices, "we're being deprived of any kind of clear debate" via the Court's Shadow Docket, where "the conservatives are awarding themselves more and more power to pretend that debatable decisions in the lower courts are so obviously wrong that they can intervene and resolve them whenever they want."

But, of course, the most egregious item decided without explanation or public debate --- or even a hearing in the lower appellate courts! --- over the last two weeks, is the SCOTUS decision that allows Texas Republicans' new abortion ban law to take effect. The state statute bans all abortions after the sixth week of pregnancy and deputizes citizens to file lawsuits against anyone --- from family members to friends to clergy members to Uber drivers --- who helps a woman in any fashion to obtain an abortion. Such citizen "bounty hunters" will each be awarded at least $10,000 for doing so, under Texas law. All of this, of course, blatantly undercuts the precedent set by SCOTUS in 1973's Roe v. Wade, establishing a Constitutional right to an abortion. And, it's all now being done under the cover of the Shadow Docket, which even Chief Justice Roberts, in this one instance, was forced dissent against.

Whether the Lone Star State's convoluted scheme of deputizing citizens to enforce the law, rather than the state doing so directly, gets around the mandates of Roe is "a huge question, and it's one that I think deserves a full airing, especially after 50 years of Americans enjoying a constitutional right to reproductive autonomy," Stern explains. "It's the kind of thing that would be debated in public if this were a regular case. And also, traditionally in the law, there's a really strong bias toward the status quo, to keeping things as they have been until the Court can have a full and fair hearing on the merits. We didn't get that hearing here, and yet the Court refused to step in and maintain the status quo of abortion access. So we are left with the nation's second largest state shuttering its abortion providers and forcing women to flee out of state if they want to terminate a pregnancy."

So, what, if anything, can be done about the emboldened far-right's abuse of the Shadow Docket at SCOTUS? We discuss that as well, including measures that could --- and, arguably should --- be taken immediately by Congress to reign in an out-of-control Court. Those measures, however, would likely require Democrats to reform the Senate filibuster in order to enact them --- ya know, just as Senate Republicans did to jam these far-right activist jurists onto the Court in the first place, where they are now using the Shadow Docket to, cowardly, run wild. And, all of that, before SCOTUS even begins its term on the first Monday in October, when, Stern predicts, there is even more bad news regarding freedom and civil rights in these United States...

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Open letter to CA's Sec. of State calls for 'urgent mitigating action' with an immediate mandate for statewide post-election Risk-Limiting Audits...
By Brad Friedman on 9/2/2021 11:35pm PT  

Eight of the nation's top cybersecurity and voting systems experts warned in a letter sent to California's Secretary of State on Thursday night that "emergency action is warranted" in response to a recent leak of key voting system software used in nearly 60% of state jurisdictions amid CA's ongoing Gubernatorial recall election.

The bluntly --- and urgently --- worded, 3-page letter [PDF] from the longtime experts in this field to CA Sec. of State Dr. Shirley Weber calls for a specific type of public, post-election audit as the "one critical action" that should be announced immediately, in response to software recently stolen from Mesa County, Colorado and Antrim County, Michigan. The software in question, Dominion Voting's Election Management System (EMS), was released over the Internet for broad download during a so-called "Cyber Symposium" run by Trump supporter, conspiracy theorist and pillow impresario, Mike Lindell three weeks ago. The EMS software, used in both CO and MI and many other states, including CA, is used to manage virtually every aspect of elections, from ballot creation to tabulation. Forty of California's 58 counties, according to AP's coverage of this matter tonight, use a version of the Dominion EMS that, according to the experts' letter, while "not identical" is virtually the same with only "relatively minor" differences.

"The release materially elevates threats to the trustworthiness of the ongoing California recall election and to public trust in the election," the experts inform Weber, as they urge her to, in advance of the election, mandate a robust statewide post-election audit in each county in the state.

The computer scientists explain that "a statewide risk-limiting audit (RLA) of trustworthy paper ballots...can substantially mitigate these threats," as posed by the recent breach. They define "trustworthy" as hand-marked paper ballots with a secure chain of custody, and advise that Weber mandate RLA's to both to ensure accuracy of computer-tallied results of those ballots and to offer confidence to the public in the results, no matter the outcome of the September 14th GOP recall targeting Democratic Governor Gavin Newsom.

One of the letter's signatories, Prof. Philip B. Stark of UC-Berkeley, is the inventor of the well-regarded RLA protocol. It consists of a manual, public tally of a certain percentage of ballots as devised by the protocol to gain scientific certainty in the computer-tallied results. Stark recently discussed the alarming new security breach on The BradCast, comparing this release of proprietary election software into the wild as akin to having a life-sized, identical version of a bank and its vault with which to practice breaking into it...

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




Guest: Heather Digby Parton on that, Afghanistan, phony 'conservatism', Trump accountability and more: Also: Good news in FL; Bad news in TX; Very disturbing news in Russia and New Orleans...
By Brad Friedman on 8/27/2021 6:40pm PT  

It's been a while since one of our favorite BradCast guests has joined us, and so we've got a lot to catch up with her on today, starting with the GOP's latest attempt to use "legal means to subvert democracy," as she describes it, out here in California. [Audio link to today's full show is posted below this summary.]

But, first some very quick news items today, including good news in Florida, where a state judge has struck down Republican Gov. Ron DeSantis' deadly ban on local and school district mask mandates as "illegal and unsupported"; Bad news in Texas, where three weak-kneed Democrats who returned to the state legislature after blocking a quorum for the last month, just allowed Republicans to adopt a sweeping new voter suppression law; Disturbing news in Russia, where massive wildfires are now said to be threatening a top-secret facility where nuclear war heads are made; Very disturbing news for New Orleans, where evacuations are underway with potentially killer Hurricane Ida quickly approaching; And some puzzling news out of Southern California, where a man was found by police with 300 stolen Vote-by-Mail ballots from California's Gubernatorial Recall election, which is now under way.

That's where we kick things off with award-winning Salon columnist, Hullabaloo blogger and fellow Californian HEATHER DIGBY PARTON today. For those who don't know, state Republicans received three extra months, due to the pandemic, to gather signatures for their attempted recall of the Golden State's popular Democratic Gov. Gavin Newsom, in a state where it is virtually impossible for the unpopular GOP to win normal statewide elections anymore. Vote-by-Mail ballots have been sent to all registered voters with two questions: 1) Should Newsom be removed from office? And 2) If so, who should replace him? There are 46 candidates listed under the second question.

As Parton recently wrote at Salon and details today, Newsom could lose on question 1 with 49.9% of the vote, while current GOP front-runner and far-right, Trump-loving radio talk show host Larry Elder, could then "win" on the second question to become the Governor of the nation's most populous state with just 15 percent of the vote.

Why Democrats didn't reform the state's "archaic" recall system after a similar scam was carried out by the GOP in 2003 to oust then Democratic Gov. Gray Davis and replace him with Arnold Schwarzenegger is a mystery. Though it speaks to the fact that Democrats, in general, as Parton argues, "have failed to understand the political culture that we're dealing with now, and fail to grasp just how important it is that they look ahead and take steps to protect democracy."

"I would say wake up, because this is happening nationally. It's happening in blue states,  red states, and everywhere else --- which is an absolute assault on democracy that's coming from the right," she explains, citing the national consequences as well for the outcome of the Recall on September 14th. "We have an 88-year-old Senator" who may need to be replaced by the Governor at some point. If that Governor is Republican Larry Elder, he'd flip the majority in the U.S. Senate with his appointment and "Mitch McConnell would be laughing and laughing and laughing at the idea that Biden's agenda was completely derailed by the lazy people in California who didn't come out to vote."

In addition to the Recall, we also catch up with Parton on the U.S. pullout from Afghanistan, and the ridiculous way the media has been covering the largest and, so far, most successful U.S. airlift in history, even as they otherwise haven't paid attention to what has been going on for most of the last 20 years of America's longest war.

We discuss how the GOP's long con of claiming to be "small government conservatives" has been exposed by the big government authoritarian edicts of Governors like DeSantis in Florida and Greg Abbott in Texas.

And, as if that's not enough, she also offers thoughts on the growing attempts to bring accountability for Donald Trump's attempt to steal the 2020 election, particularly by the U.S. House Select Committee examining the Trump-incited January 6th attack on the U.S. Capitol. "What they seem to be putting together is the case that Trump was planning to steal the election, and he was using the power of the Presidency to do it."

So, yeah, there's a lot to catch up on today, in yet another very lively conversation with our friend "Digby"!...

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Guest: Ernest A. Canning; Also: Deadly record flooding in TN and from Tropical Storm Henri; Another rightwing talker dies of COVID; And we win the first court victory against GA's anti-voting, anti-press freedom law!...
By Brad Friedman on 8/23/2021 6:15pm PT  

Today on The BradCast, important, helpful advice for progressives in California's Gubernatorial recall, and we win a first court victory against Georgia's new anti-voting and anti-press freedoms law! [Audio link to full show is posted below this summary.]

But first, Desi Doyen joins us for the latest on the record-smashing deluges in both Tennessee, where at least 22 are dead following 17 inches of rain in less than 24 hours, an all-time record and triple what had been forecast --- and on the Northeastern Seaboard where Hurricane (turned Tropical Storm, Turned Tropical Depression) Henri is wreaking absolute havoc. All just the latest examples of our worsening climate change emergency, as Desi explains.

Next, we had a court victory in Georgia on Friday! The first one, in fact, to knock down a provision of the state Republicans' abhorrent anti-voting bill, SB 202. And, I'm proud to say, it happens to be one of the provisions on which I am the named plaintiff representing the media. The lawsuit, filed by the Coalition for Good Governance (CGG), is one of eight suits currently challenging various provisions of the law. CGG's suit, among other things, challenges a number of anti-First Amendment press freedoms jammed into the statute, along with the voter suppression stuff and the provisions which allow the state to take over county boards of elections and subvert election results.

The specific provision struck down by the federal court [PDF] on Friday, criminalized all photography of voter ballots by the public and/or media. Given the state's new, huge touchscreen voting systems, it's now almost impossible to not see a voter's ballot when media or the public attempt to observe voting inside of Peach State precincts. Unfortunately, in addition to striking that one down, the judge allowed several other provisions in this early challenge to stand, though CGG Director (and frequent BradCast guest) Marilyn Marks told me over the weekend there will be much more to come in this case, as they are deciding whether to pursue reconsideration and/or appeal of several parts of the judge's early ruling. While a small victory, for now, it also establishes that the Coalition has standing to sue in this case and that, too, is encouraging good news.

Next, it's on to the ongoing, idiotic --- but deadly serious --- California Gubernatorial recall, in which Republicans, unable to win regular elections, are hoping to unseat popular progressive Democratic Gov. Gavin Newsom, who is otherwise up for reelection next year anyway. Vote-by-Mail ballots have been sent to all registered state voters (at the cost of hundreds of millions of dollars, thanks to those "conservative" Republicans), but, curiously, while Newsom and the Democrats are calling on voters to vote NO on the ballot's first question ("Should Newsom be recall and removed from office?"), they are calling on voters to leave the second question ("Who should replace him, if he loses on Question 1?") completely empty! "Vote No and go!," Newsom and state Dems have recommended.

As our guest today, ERNEST A. CANNING, a longtime progressive Democrat, both writes at The BRAD BLOG and explains on today's show, that strategy may be extraordinarily ill-considered and could backfire on Dems. Instead, after culling through the records (or lack thereof) of every non-Republican, non-Libertarian candidate on question two of the recall ballot (there are 46 candidates in total), Canning, in his "One Progressive's Guide to the CA Recall," explains why he believes the best strategy for progressives is to vote for the Green Party's Dan Kapelovitz on question two.

Both of the leading party candidates (far-right talk radio host Larry Elder for the Republicans and 29-year old real estate mogul and YouTube sensation Kevin Paffrath for the Dems), among other things, oppose Newsom's common-sense, life-saving mask and vaccine mandates and vow to lift them if elected.

Kapelovitz, on the other hand, a criminal defense attorney, both supports the Governor's science-based mandates that have been so successful in the state, and opposes the recall of Newsom itself on question one. He says he's running to stave off a worst-case scenario, according to Canning, should the currently "dead heat" first question result in the unthinkable removal of the Governor.

We also discuss the questionable Constitutionality of CA's more than 100-year old recall process (built into the state constitution by an anti-corporate Republican-turned-Progressive Party Governor in 1911) which could allow a new Governor to be elected to the nation's most populous state with far fewer votes than the current Governor actually receives to stay in office on the very same ballot. And, there's also the troubling matter that this election could have serious national ramifications. California's 88-year old U.S. Senator Dianne Feinstein may need to be replaced at some point before her current term ends in 2024. If a Republican, like Elder, becomes Governor and appoints a fellow Republican to her seat, control of the U.S. Senate would immediately revert to Mitch McConnell and the GOP.

So, yes, this CA Recall, as dumb as it is, matters. And it's important for progressive voters to pay attention, fill out a hand-marked paper ballot, and hopefully deliver it in person to a polling location or a drop-box by September 14th.

Finally, speaking of rightwing talk radio hosts, we've been reporting on a number of them who used our public airwaves to spread disinformation about COVID deniers and its vaccines, before finding themselves hospitalized or killed by the disease in recent weeks. One of them we've covered since his hospitalization in mid-July is Nashville's popular, nationally-syndicated Phil Valentine. After spending months mocking the seriousness of the virus and making fun of the life-saving vaccines, Valentine was announced dead over the weekend, after weeks on a ventilator, on what was reportedly his 62nd birthday...

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Also: Unhappy updates on COVID hospitalized RW radio hosts and other anti-vaxxers; FBI joins CO voting software theft probe, as Mike Lindell harbors Mesa County Clerk in 'safe house'; And, hey, AP...are you okay?...
By Brad Friedman on 8/19/2021 6:36pm PT  

We've got quite a few updates on a number of stories we've been covering of late on The BradCast. Some of them not necessarily happy and others quite astounding. As well as some mainstream media failure, and other news from this seemingly endless Summer. [Audio link to full show is posted below this summary.]

Among the stories covered on today program...

  • Even as infections, hospitalizations and deaths continue to soar in their states, more politically ambitious Trumpy Rightwing Governors are leading their constituents on a death march by banning mask mandates by small local governments and school districts. Happily, a number of the school districts are putting the health and safety of their children above the authoritarian edicts of their Governors, as well as over the deadly demands of too many brainwashed, disinformed parents fighting to endanger their own children and themselves.
  • We've got updates today on several stories we've covered in recent weeks, including the anti-vax parents of four children in Texas, who both changed their minds about vaccinations just before they were intubated several weeks ago. Also, updates on some of the Rightwing anti-vax radio hosts who have either recently died or are now hospitalized in grave condition from COVID. Also, yet another far-right radio host --- this one a Christian broadcaster who derided COVID vaccines as "government control" on his daily "Prophecy Today" program --- has now died from...you guessed it.
  • A disturbed far-right Trumper from North Carolina brought Capitol Hill to a standstill today --- requiring evacuations from the U.S. Capitol to the U.S. Supreme Court --- after pulling his license plate-free pickup truck onto the sidewalk in front of the Library of Congress and threatening to detonate a bomb. During the 5-hour standoff with police, which thankfully ended peacefully, media outlets reviewed the man's Facebook Live-streamed rants and other videos. He reportedly railed against Joe Biden, "Nancy", "antifa" and the Democrats, demanding they all resign en masse; declared "the revolution is here" and that he is the "last generation" of those willing to stand up for America. He said that Trump will be reinstated and posted video from his participation at "Stop the Steal" and "Million MAGA March" rallies. So, how did Associated Press, at least for a time today (via the Internet Archives), lead their description of the man's politics? By claiming that in one of his videos he "said he loved the president, Democrat Joe Biden." --- Really, AP?
  • We've also got a few quick updates today on the Trump-loving Mesa County, Colorado County Clerk, Tina Peters, who, as we have been reporting in some detail over the past week, allegedly entered a secure area of the County's Election Division in the middle of the night with two accomplices last May, turned off the security cameras, and allowed two hard drives containing Dominion Voting's Election Management System (EMS) software to be copied in full. During one of her several appearances on stage last week at MyPillow CEO Mike Lindell's failed three-day "Cyber Symposium" where he didn't reveal the promised "proof" that China stole the election for Joe Biden, the extremely sensitive contents of those hard drives were released into the Internet wilds for download by thousands. That, in the middle of California's critical Gubernatorial Recall election, where some 60% of the state will rely on that same, proprietary Dominion EMS software. Peters claimed during Lindell's forum that she was being "persecuted" by CO's Democratic Sec. of State Jenna Griswold because she's a "conservative Republican". Griswold has now removed Peters from her role, as Mesa's now-former chief election official is facing a criminal probe by the County's conservative Republican District Attorney. This week, the FBI joined that investigation, as federal crimes may have been violated in the theft and release of that software. And today, VICE reports, Peters is on the lam, being sheltered in a "safe house" somewhere by the MyPillow guy (who already faces a $1.3 billion lawsuit [PDF] from Dominion himself.) Will the "persecution" never end?
  • Finally, Desi Doyen joins us for our latest Green News Report, with grim news of deadly climate change-fueled extreme weather from Haiti to both coasts of the U.S. to much of Europe; and some happier news this week from the Biden Administration...

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Guest: UC-Berkeley's Philip Stark; Also: Deadly edicts by FL, TX Guvs and Recall candidate circus in CA underscore importance of defeating GOP attempt to unseat Newsom amid pandemic, climate crisis...
By Brad Friedman on 8/18/2021 6:56pm PT  

California Republicans know they can't win normal statewide elections. Hence, the attempted Recall election of progressive Democratic Gov. Gavin Newsom amid several crises that the GOP candidates hoping to replace him will make considerably worse. But now, voting system and cybersecurity experts tell The BradCast there is reason to be very concerned about the voting and tabulation systems used in some 60 percent of the state, following the recent theft and release on the Internet of Election Management System software, allegedly by a far-right County Clerk in Colorado during the MyPillow CEO's so-called "Cyber Symposium" last week in South Dakota. One of those experts joins us to explain the concerns, and what can be done about it, today. [Audio link to full show is posted at end of this summary.]

But, first up, the circus of some 46 candidates on the ballot hoping to become Governor of the nation's most populous state, if Newsom is removed by the first question on the Recall ballot, serves as a reminder that this special election, while seemingly ridiculous, is also potentially deadly for residents of the Golden State. Nonetheless, recent polling suggests that it is currently a dead heat as to whether Newsom will be removed and then replaced by someone likely to get little more than 20% of the vote on the ballot's second question about who should take his place.

In the middle of a debate between several GOP "front-runners" on Tuesday in Sacramento, one of the candidates, multi-millionaire John Cox (the guy who actually campaigns with a grizzly bear), got served in a Court process as he was introducing himself, as "ordered" by a San Diego Superior Court Judge finding that he owes about $100,000 to a contractor the Republican businessman failed to pay during his failed run against Newsom in 2018.

While neither of the top Republican or Democratic candidates on question two of the ballot were at the debate (Trump-loving, climate change denying, woman-hating Rightwing radio talk-show host Larry Elder and Democratic real-estate millionaire Kevin Paffrath), both of them oppose Newsom's mask and vaccination mandates. The BRAD BLOG's Ernie Canning, in a "Progressive's Guide to the California Recall" published today, explains why CA voters must vote "NO" on the Recall's first question, before he goes on to explain who he believes progressives should support on question two.

Sky-rocketing rates of infections, hospitalizations and deaths under GOP Governors like Florida's Ron DeSantis and Texas' Greg Abbott (who tested positive himself on Tuesday), should serve as another reminder of the importance of both elections and having Governors who do not place political ambition over science. Despite pleas to the contrary from health officials, both DeSantis and Abbott have issued edicts blocking local governments and school districts from instituting mask mandates, even as hospitals in both states are reaching or exceeding capacity, and children under 12 (unlike Abbott and DeSantis) are ineligible to become vaccinated. (Fortunately, President Biden reiterated today that the federal government will cover the salaries of school officials who chose to protect children, even if their paychecks are cut by the TX and FL Governors. And one school district in TX has come up with a very clever way of trying to get around Abbott's ban on mask mandates.)

Meanwhile, thanks to Newsom's various statewide mask and vaccine mandates here in California, infection, and death rates are all now coming back down once again.

Of course, facts such as these mean little to those pushing for the removal of Newsom, and many on the right have demonstrated of late that there is little they won't do in order to "win" an election. Thus, the theft and release of important voting system software by a far-right County Clerk in Mesa County, Colorado last week during Mike Lindell's "cyber symposium" (at which he didn't release the promised "absolute proof" that China stole the 2020 election from Trump), has a number of actual cybersecurity and voting system experts very concerned today.

We've been covering this story in detail over the past week, as both the national media and California media haven't covered it at all. But they should. Colorado media finally jumped in, a bit, this week after their Sec. of State on Monday announced that Mesa County Clerk Tina Peters --- who appeared on stage several times at Lindell's forum last week --- was behind the theft and copying of two hard drives at the Mesa County Election Division containing Dominion Voting's Election Management System (EMS) software.

Democratic CO Sec. of State Jenna Griswold's office, in a news release Monday night, explained how Peters pulled off the heist with two accomplices in the middle of the night back in May, before the software was released into the wild during last week's symposium. Since then, we have reported on this show about the concerns expressed by voting system and cybersecurity experts like Harri Hursti, who warns that the release of the critical software "lowers the barrier for attack planning and therefore increases the likelihood of future attacks." That, just after another top expert in the field, University of Michigan's J. Alex Halderman, filed a 50,000 word report in a long-running federal lawsuit in Georgia, which seeks to ban Dominion's unverifiable touchscreen voting systems. The report, which he says [PDF] details disturbing, newly discovered vulnerabilities in those systems, which reportedly could allow votes to be changed without detection, has now been sealed by the federal judge due to its sensitivity --- even from the plaintiffs and defendants in the case!

Dominion's vulnerable touchscreens are used in several large jurisdictions in California, even as the recall is now ongoing, including San Diego County, San Francisco and Riverside County. Their EMS software --- released to the Internet and downloaded by thousands just last week --- is used to tabulate votes, both hand-marked paper ballots and touchscreen votes, in every county where Dominion's systems are used. The software is used broadly in enough counties here that it could easily effect the computer-tallied results of the Recall election.

Another top expert who is worried about all of this joins us on today's program to explain why, and what can now be done about this serious security breach. University of California-Berkeley Professor PHILIP STARK is an expert witness in the Georgia case, the inventor of the post-election Risk-Limiting Audit protocol, and currently serves on the Board of Advisors of the U.S. Election Assistance Commission.

He joined Hursti this week in telling me that they were both dubious about vague claims from the CO Sec. of State's office that the U.S. Cyber Security and Infrastructure Security Agency (CISA) was not particularly concerned about the leak of the Dominion software.

"It is a serious risk," Stark makes clear today. "The best metaphor I've been able to come up with is, if I were trying to break into a bank, how helpful would it be to have blueprints of the bank and the bank vault? How helpful would it be for me to have an actual exact copy of the bank, completely at my disposal, to try different ways of breaking in and so forth? Not even a scale model, but literally the exact same thing, just in a different place. That's what having a copy of these disks amounts to."

"To the extent that these systems were not that secure in the first place, this doesn't make the systems more vulnerable. But it gives a would-be evil-doer lots of help and information to plan an attack, figure out what's going to work, which then can be conducted later by someone with less technical skill," Stark warns.

He explains that "these Election Management Systems are used, among other things, to configure the ballot marking devices" as well as "results from the precinct-based scanners" and the high-speed centralized scanners used to tabulate Vote-by-Mail ballots. "The release of the EMS code gives someone a blueprint for how to write malware to infect the ballot marking devices, etc., when they're configured using these systems."

We go on to discuss what can and should now be done by California in regards the ongoing Recall election (as well as other jurisdictions, with elections coming up in November, where Dominion systems are used in more than a dozen states) to ensure that results are accurately tabulated and reported, and can be known by the public, after the election, as such. His recommendations include the use of both hand-marked paper ballots and a far more robust post-election audit process than is currently mandated by CA state law.

Moreover, he cites a critical lesson that should be learned from Tina Peters, the Republican County Clerk in Mesa, CO who is alleged to have brought accomplices into the Elections Division in the middle of the night on May 23rd, and turned off the security cameras in order to steal the software and copy it for release into the wild. (She is now under criminal investigation and has been relieved of her duties by CO's Secretary Griswold.) "This is a very clear reminder that insider threats are real," observes Stark. "This is a wake-up call. It is very difficult to mitigate insider threats."

We are still waiting for a response from the CO Sec. of State's office, as to who they spoke with at CISA and what exactly that person said, given that the cybersecurity folks I've spoken with are quite dubious that the nation's top cybersecurity watchdog actually downplayed this voting system breach. Or, if they did, that they fully understood it. Meanwhile, CA's Sec. of State, to my knowledge, has said nothing about any of this publicly. But that may be because neither state nor national media --- other than us --- have bothered to connect the dots between California and these very serious concerns...

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Vote 'NO' on recalling Gov. Newsom on the first question and for the Green Party's Dan Kapelovitz on the second. Here's why...
By Ernest A. Canning on 8/18/2021 10:35am PT  

"For the September 14, 2021 Gubernatorial Recall Election," according to the CA Secretary of State's Quick Facts Sheet [PDF], "all active registered California voters will receive their ballot in the mail." The ballot will contain two questions: (1) Whether California's Democratic Governor Gavin Newsom shall be Recalled, and (2) if Recalled, which of 46 official candidates should succeed him. Voters are expected to complete both parts of the ballot, even if they vote "NO" on the first question, though it is not a requirement.

California residents, who are 17-years old but will turn 18 on or before Sept. 14, can pre-register to vote. Otherwise eligible voters, who are not yet registered, can register to vote within 14 days of the Recall Election (by August 30) in order to receive a Vote-by-Mail ballot. Or, they can fill out a Conditional Voter Registration at the polls during either early, in-person voting or on Election Day.

For the reasons set forth in my July article, "Now May Be a Good Time to Reform or Eliminate California's Gubernatorial Recall System", this progressive believes the answer to question (1) of the ballot is simple and straightforward. I'll vote "NO" only because the ballot does not contain the option to vote "HELL NO!"

This GOP-initiated Recall, which, per the California Voters' Guide, will cost state taxpayers an estimated $246 million, is the product of a purely partisan abuse of the Recall process. It was engineered by an increasingly authoritarian and immensely unpopular Republican Party --- a Party which hasn't won a statewide election in California since 2006; a Party that accounts for less than 1 in 4 registered CA voters; a Party which lost the last Presidential Election in the Golden State by more than 5 million votes; a Party that knows its only prospect for winning lies in what it hopes to be a low turnout, Special Recall Election. It's a cynical divide-the-vote-among-multiple-and-largely-unknown-candidates strategy that could potentially allow an otherwise unelectable Republican to prevail.

In recent television ads, sponsored by state Democrats and labor unions, Sen. Elizabeth Warren (D-MA) described what will take place on Sept. 14 as a "Republican Recall". Question (2) on the ballot reflects the accuracy of that assessment. Out of a total of 46 candidates on the second part of the ballot, 24 are Republicans. One other candidate, Riverside County Supervisor Jeff Hewitt, is a Libertarian --- the Party that embraces the deceptive ideology of the infamous Koch Brothers and hard-right ideologues like Sen. Rand Paul (R-KY).

The difficult decision for progressives is how to unite behind only one of the 21 remaining candidates so as to avert the disaster that could ensue if more than 50% of the electorate vote to recall the incumbent Governor, as recent polling suggests a very tight race on the ballot's first question.

Allow me to explain why the election of either of the two leading question (2) candidates --- Democrat Kevin Paffrath and Republican Larry Elder --- both represent a clear and present danger if Newsom is recalled on question (1). Then, I'll share my conclusion --- along with information on each of the non-Republican/Libertarian candidates on the ballot --- as to why Green Party Candidate Dan Kapelovitz, an ardent opponent of the "Republican Recall", who is running only to avert disaster should the Recall succeed, is the candidate Democrats and progressives would do well to support...

[Disclaimer: The opinions set forth here are solely those of the author and should not be construed as an endorsement of any one candidate by The BRAD BLOG.]

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




Warnings of global warming in 1912; Warning of war in Afghanistan in 2001; Also: CO SoS confirms hard drives with Dominion software stolen, copied from Mesa County Clerk's office...by the Mesa County Clerk...
By Brad Friedman on 8/17/2021 7:01pm PT  

Ya never know what you may unearth when you peek into the Memory Hole, including a bunch of stuff that should never have been hidden away there in the first place. Also, on today's BradCast, a few noteworthy updates on the Dominion Voting System software stolen from a Colorado County Clerk's office and released into the wilds via the Internet at last week's fraudulent "fraud" forum put on by MyPillow Guy Mike Lindell, and how that serious security breach might effect the ongoing California Recall election. [Audio link to full show is posted at bottom of this summary.]

So, a lot of stuff covered on today's show, including...

  • Texas Gov. Greg Abbott has tested positive for COVID. That, after barring local governments and school districts in the Lone Star State from imposing mask mandates, even for children under 12 who, unlike Abbott, are not lucky enough to be able to get vaccinated.
  • A news clipping from a 1912 New Zealand newspaper, which recently went viral 109 years later, warns about the burning of coal adding "tons of carbon dioxide to the atmosphere". The clipping, confirmed as genuine by both USA Today and Newsweek, warns that "This tends to make the air a more effective blanket for the earth and to raise its temperature." The scientifically prescient story goes on to accurately note that "the effect may be considerable in a few centuries." If only we'd listened in 1912.
  • Similarly, if only we listened to the courageous Rep. Barbara Lee (D-CA) back in 2001, when she was the only member of Congress, Republican or Democratic in either the U.S. House or Senate, to vote against going to war in Afghanistan from the 9/11 attacks. As the Afghanistan conflict unwinds today, amid both chaos and uncertainty, we take a listen to the sage words from Lee on the floor of the House, just three days after the U.S. was attacked 20 years ago next month.
  • As the Taliban returns itself to power in Afghanistan, following 20 years of U.S. occupation and our failed attempt to prop up a democratic, Western-style government, the far-right radical Islamic group which shielded al-Qaeda after 9/11 claims to have become much more moderate in the interim. A Taliban spokesman today told media in Kabul they will respect the rights of women and girls to work and go to school, and will not seek retribution against those who supported the U.S. and its allies or the failed government we tried to create there. But, as we discuss, there is very little reason to trust their new P.R. blitz.
  • We also discuss the hand-wringing D.C. punditry which seems to be falling over itself to declare Joe Biden's Presidency a disaster, after the chaos at the Kabul airport yesterday, following the Taliban takeover of Afghanistan. As Nicole Wallace (yes, we note the irony of her old job as George W. Bush's Comms Director during both the Afghanistan and Iraq wars) noted on MSNBC yesterday, "95% of the American people will agree with everything" Joe Biden said in his remarks on Afghanistan at the White House on Monday, while "95% of the press covering this White House will disagree." She goes on to highlight, as does TPM's Josh Marshall today, how out of sync with the public the D.C. media class is on this point, even after the events of the past few days, as Biden stands by his decision to pull America out of its longest war once and for all.
  • Then, some important new news in the story that, until yesterday, only The BradCast and The BRAD BLOG, by and large, had been reporting on at all. Namely, the theft and copying of hard drives containing Dominion Voting's Election Management System (EMS) software, as now allegedly stolen from the office of Mesa County, Colorado County Clerk Tina Peters. The Dominion EMS is the central control system for creating and counting ballots in jurisdictions which use the company's voting and tabulation systems, including nearly 60% of California counties, where we have an ongoing Gubernatorial Recall election right now, which could be adversely effected by what top cybersecurity and voting system experts have described to me as a very serious security breach.

    After nearly a week of reporting on this story, almost exclusively, following the release of the software during MyPillow CEO Mike Lindell's failed MAGA "Cyber Symposium" in South Dakota last week, where Tina Peters appeared on stage several times, others are now jumping in. That, as CO's Democratic Sec. of State Jenna Griswold finally issued a news release Monday on the apparent theft. Griswold's office cites Peters and two others as having snuck into the Mesa County Election Division office late at night in May to make image copies of two hard drives containing the software. A criminal investigation by the state's Republican Attorney General is now reportedly under way, but Griswold states that Peters has now been removed from her elected post as Clerk, and will be replaced by appointment of the Secretary, after security cameras were also reportedly turned off in the office to hide the alleged crime. The voting and tabulation hardware and software in Mesa will also now all need to be replaced at considerable cost to taxpayers.

    The news release from the SoS office also references a vaguely worded assessment of some sort on this matter, said to be from the U.S. Cyber Security and Infrastructure Security Agency (CISA), a division of the Department of Homeland Security. The release claims that "CISA has confirmed that it does not view this breach as a significant heightening of the election risk landscape at this point."

    But an election official in Colorado and, perhaps more notably, several of the nation's top cybersecurity and voting system experts, including the legendary Harri Hursti and UC Berkley's Philip Stark, have told me they are dubious about the CO SoS' statement on this point and the apparent dismissal of concern by CISA. Hursti notes the lack of named attribution for the DHS/CISA assessment, lack of a direct quote from any official at CISA, and no similar or supporting statement released directly by CISA itself. Moreover, as one CO election official told me, the phrase "at this point" in the reference attributed to CISA is likely doing quite a bit of heavy lifting there.

    We've sought additional comment, clarification and/or attribution for the curious CISA assessment from Griswold's office. We've yet to receive a response. We expect to cover this issue in more detail on our next BradCast, including said response, if received by then. Despite the downplaying of concerns from "CISA" and the CO SoS, we have reason to remain concerned about this breach, amid CA's ongoing Recall election.

  • Finally, Desi Doyen joins us for our latest Green News Report, as a tropical storm compounds Haiti's deadly weekend earthquake disaster; July shatters all-time heat records on Planet Earth; and the federal government declares a water shortage on the Colorado River for the very first time, resulting in serious implications for water supplies to both Arizona and Nevada amid the ongoing mega-drought in Western states...

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Guest: David Roberts of Volts; Also: Update on stolen Dominion software released at Pillow Guy's failed 'Cyber Symposium' as CA Recall begins...
By Brad Friedman on 8/13/2021 6:50pm PT  

Our guest on The BradCast today is virtually begging those on the environmental center and left to come together, to put aside their various (if important) pet projects, in hopes of coming together for two key elements in the blueprint for the Democrats' $3.5 trillion budget reconciliation package. It is, he details, our last, best chance for likely more than a decade to soften the blow of our climate emergency. Do that, he says, then "we can resume fighting like a bag full of cats in a couple of months." [Audio link to full show is posted below this summary.]

But, first up, a quick follow-up from yesterday's BradCast, during which we broke the news that someone at MyPillow CEO Mike Lindell's bat-crap insane three-day "Cyber Symposium" in South Dakota this week to "Stop the Steal," released digital image copies of three hard drives containing Dominion Voting Systems actual Election Management System software, as used in real elections across the country. These copies seem to have come out of the County Clerk's office in Mesa County, Colorado. The elected County Clerk there, Tina Peters, is a hard-right official who appeared at Lindell's "symposium" that promised to reveal (then spectacularly didn't) how China supposedly flipped millions of votes over the Internet in 2020 to steal the election from Donald Trump.

With our confirmation yesterday that the Dominion software is now confirmed to be in the wild, even as the Gubernatorial Recall election is now under way in California (where Dominion's software is used in about 60% of the state), there are very serious concerns about what effect the security breach could have on the Recall election --- not to mention others coming up across the country this November. Marilyn Marks, a regular guest on the show, whose non-partisan election watchdog group, the Coalition for Good Governance, is suing the state of Georgia in federal court to stop them from forcing voters to use Dominion's unverifiable and vulnerable touchscreen voting systems in every polling place, tweeted yesterday about the "looming dark cloud over the Nov. elections," following the exposure of the EMS software. She wonders when and if election officials in the Peach State might pay attention to this breach, not to mention when national media, which seems to be all but asleep at the wheel on this, might cover the story as well.

The founder of Georgia Tech's new School of Cybersecurity, Prof. Richard DeMillo, who joined us on the show earlier this week before the stolen hard drives were leaked, to discuss vulnerabilities recently uncovered by an expert witness [PDF] in Dominion's system in the Georgia case, told me via email today that he is "still processing" the breach. But, he told me, the "news points to the urgency" of unsealing the report by the Coalition's expert witness in the case, at least to other cybsersecurity experts and election officials. "The fact that the Dominion EMS images are now public increases the likelihood that [Dominion] ImageCast voting software [as used on their touchscreen voting machines] was also leaked. The only antidote is to conform to standard industry practice and publish their vulnerabilities so that Dominion and their customers can take public steps to mitigate the risks to election infrastructure."

For the record, a number of large jurisdictions in California use the exact same Dominion touchscreens as are used across Georgia, including San Diego, San Francisco and Riverside. Are state officials here in CA even aware of this latest, serious leak? We will continue to follow the story in the days ahead, and hope that national media --- or even just CA media! --- jump in and try to get some answers from election officials about what this serious concern may mean for ongoing voting in the Recall.

Then, along with the news today from the National Oceanic and Atmospheric Administration (NOAA) that July was declared the hottest month on the planet in recorded history, we're joined by a longtime progressive climate and energy journalist who is trying to help Democrats and climate activists understand the necessity of supporting two key provisions in the Democrats landmark, $3.5 trillion budget reconciliation bill. He described this matter recently as America's "last big shot at climate change policy for a decade or more."

The great DAVID ROBERTS, publisher of the must-read Volts newsletter, joins us today to explain the importance of those two initiatives, the development of a Clean Energy Standard (CES) and clean energy tax credits in the reconciliation bill. The huge measure can be passed with simple majorities in both chambers, as long as all 50 Senators who caucus with Democrats and almost all of the Democrats in the House play along. Those two provisions together, he wrote and explains today, "would revolutionize the US electricity system" and finally give us the chance to reach net-zero emissions from the electric grid in the very few years climate scientists now tell us we must, in order to avoid the worst impacts of climate change.

Never mind other ideas that climate hawks may have for now, such as a carbon tax or cap-and-dividend. They are not part of President Biden's menu of options. It's this "or we will get nothing that will tackle fossil fuels this decade," he warns.

It may sound a bit wonky, but it really isn't. Roberts spells out, in simple terms, what both a clean energy standard and clean energy tax credits mean in the context of the critical goal of decarbonizing our electricity system, even as he has preached that the answer to ending the dangerous burning of fossil fuels is to "electrify everything", from transportation to buildings.

"Right now, roughly a third of our emissions come from electricity. But the whole plan for decarbonization is to move transportation --- which right now runs on gasoline and diesel --- to move that over to electricity. And to move buildings --- right now buildings are heated and cooled largely with fossil fuels, mainly with natural gas --- to move that over to electricity," he says. "So if you move the other two big chunks of emissions onto the electricity grid, then you see that, oh, having a clean electricity grid is the core strategy for decarbonization.  It's not just one sector. This is the sector that is going to clean up all the other sectors. So there's nothing more important for short-term, immediate decarbonization than cleaning up the electrical grid."

Both the Clean Energy Standard and tax credits will serve to move the entire grid to renewables. "Renewables are the cheapest form of clean energy. And the overwhelming effect, as any analyst will tell you, if we pass this policy, is going to be giant surge of renewable energy projects."

There is, of course, much more to this conversation, but the bottom line is that, as Roberts warns, "the stakes are enormous," and with Democratic majorities so narrow right now in both Congressional chambers, virtual any Senator or faction can sink both this bill and the smaller but still critical $1.2 trillion bipartisan infrastructure bill that's paired with it.

"If Democrats fail, they all fail, and they're going to get crushed in 2022," Roberts tells me, as he explains how it may be that a fossil fuel-loving Senator like Joe Manchin from coal state West Virginia, may still find a way to support these efforts which will, necessarily, hasten the demise of fossil fuels.

"So Manchin and [Bernie] Sanders are going to have to find a bill that they can both sign," Roberts argues. "[Kyrsten] Sinema is going to have to find a bill she can sign. I don't think even she wants to be responsible for the whole Democratic agenda going down, including her precious, beloved bipartisan infrastructure bill, because that would go down too. So it all sinks or swims together. It's a unique situation in my lifetime."

If these two bills actually make their way to the President's desk, especially with the two key provisions Roberts is citing as critical to curbing global warming, he says he will "eat crow" from every rooftop in the land, when it comes to his earlier doubts about Joe Biden's centrist, go-along to get-along roots. These measures, if they actually happen, he notes, would easily place Biden into the Democratic pantheon along with folks like FDR and quickly eclipse even Barack Obama's own accomplishments in office.

"Calling your lawmaker matters," Roberts emphasizes, even if you believe they are already on the correct side of this fight. "This is something I hear from Senate offices, from House offices, all the time. The email campaigns? Eh. The letters?  Eh.  But when people take the time to call, it gets collated and marked down, and the Senator hears about it. It matters. They need to hear that there is a public appetite specifically for the climate provisions to get through." Tell them you support a CLEAN ENERGY STANDARD.

"This is crunch time," he warns. "Everybody needs to be talking about it and getting their fellow Democrats fired up. This is the time to fall into formation, to quote Beyoncé, it's time to fall into formation and make this happen. We can resume fighting like a bag full of cats in a couple of months. But, just for a few months, we need to be coordinated and speaking in a single voice. Specifically the Clean Energy Standard. That's the core of it."

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Cybersecurity and voting system expert confirms security breach, software authenticity to BRAD BLOG, as Mike Lindell's event to 'prove' stolen 2020 election, 'reinstate' Trump goes criminally off rails
Also: Rightwing radio hosts hospitalized, dying from COVID; Trump judge allows Dominion's defamation suit against Giuliani, Powell, Lindell to proceed; MUCH MORE...
By Brad Friedman on 8/12/2021 6:51pm PT  

Okay. Now it's not just insane. It could also be criminal, as a leak of actual voting system software at MyPillow CEO Mike Lindell's three-day, so-called "cyber symposium" in South Dakota may have imperiled the security of the Gubernatorial Recall election now under way in California. We've got some exclusive details on today's BradCast. [Audio link to full show is posted below this summary.]

First up, before the details on what appears to have happened at Lindell's bizarre circus show in Sioux Falls, some very quick news, on the Census Bureau's release of 2020 data today and the GOP's plans to use it to gerrymander themselves into a U.S. House majority; U.S. plans to evacuate the embassy in Kabul as the Taliban retakes much of Afghanistan; Support from national teacher's unions to mandate vaccination or testing for the nation's school staff; and Rightwing radio host COVID and vaccine deniers findings themselves dead and/or hospitalized...with COVID.

Then, it's on to the 2020 "stolen election" Crazy Train still unfolding in MAGALand.

On Wednesday, a U.S. District Court judge appointed by Donald Trump, ruled that Dominion Voting Systems' $1.6 billion defamation lawsuits against Trump attorneys Sidney Powell, Rudy Giuliani and, yes, Mike Lindell, may proceed. Judge Carl J. Nichols' 44-page ruling [PDF] denied all parts of the defendants various Motions to Dismiss. Suffice to say it did not go well for them, on any front, leading former crack-addict and current phony stolen-election addict Lindell to declare the ruing "the worst decision a judge has made in the history of this country." (Which someone named Dred Scott would likely dispute.)

But the real madness has been unfolding in South Dakota this week, at Lindell's three-day "Cyber Symposium" that was promised to reveal "absolute proof" that the 2020 election was stolen through a massive, sophisticated cyberattack by China (I think.) Lindell's promised "proof" of the steal was so unimpeachable that it was to result, he's been declaring for weeks, in an immediate 9 to 0 decision by the U.S. Supreme Court to reinstate Trump to the White House this Friday the 13th!

It may not work out that way, however. The far-right newspaper Washington Times published a gob-smacking story on Wednesday, in which a cyber expert hired by Lindell himself to examine and explain the super-secret 37 terabytes of data --- said to have been captured from Internet transfers just days after the November election, revealing that China flipped millions of votes --- told the paper that the data and claims about them were illegitimate.

It's a simply coo-coo for Cocoa Puffs story --- again, from a Rightwing outlet --- detailing how none of Lindell's claims appear to be real, and seem to be sourced to a former Government contractor who was also the source of (false) claims that the Obama Administration wiretapped Trump Tower in 2016. But, as Lindell's own experts explained to the Washington Times, the data doesn't show what it is supposed to show...but that may only be because the source dude supposedly had a stroke the day before the symposium!

Lindell's expert, who says there still could be some evidence of something anyway in the data they did examine, told the paper: "We were handed a turd. And I had to take that turd and turn it into a diamond."

But now the loony toons story takes a potentially much darker turn, albeit a somewhat confusing one. Mother Jones' AJ Vicens does a fine job attempting to make at least some sense of what has happened with this part of the story over the last several days. It seems to involve an election official named Tina Peters, County Clerk of Mesa County, Colorado (who is now apparently being investigated by state law enforcement authorities), a guy named Ron Watkins, widely thought to be "Q" of the infamous Q-Anon MAGA conspiracy world, and potentially a former campaign manager for Rep. Lauren Boebert (R-CO). See Vicens for that part of the story.

The upshot is that duplicate images said to be of stolen hard drives containing actual, proprietary Dominion Voting System software, seemingly from Mesa County, was released at Lindell's Cyber Symposium and is now said to be out in the wild, as it was made available for download to pretty much anybody with the technical know-how to grab it.

This afternoon, we confirmed with legendary Finnish cybersecurity and voting systems expert Harri Hursti, who is at South Dakota conference, apparently serving as an analyst for a news outlet, that the hard drives do, in fact, contain Dominion's Election Management System (EMS) software, though not its source code, as some have reported via Twitter. As Dominion explains on its website, the EMS "Drives the entire election project through a single comprehensive database...From election definition to results reporting." It is, in short, the heart of the entire Dominion election system suite.

"What was shared were 3 different images of installed EMS systems," Hursti told me via email from Sioux Falls. "I can confirm that those were circulated for copying. It [isn't] source code as such, but part of the code is interpreted code, there is human readable and editable things there."

Hursti is well known in the voting system world, where his most notorious "white hat" hack of a Diebold voting system was revealed in HBO's Emmy-nominated 2006 documentary, Hacking Democracy; He was also featured in their 2020 Emmy-nominated Kill Chain: The Cyber War on America's Elections; and, in what may have been Hursti's first American film interview, my own with him in 2010's award-winning Murder, Spies and Voting Lies: The Clint Curtis Story. He also heads up the infamous DefCon Voting Village in Las Vegas each year, and most recently was tapped by the state of New Hampshire to oversee a very thorough, professional and transparent post-election audit to determine why the Diebold optical-scanners in the town of Windham miscounted several hundred votes in a State Representative race last November.

In other words, his credentials here are impeccable. Though what the dangers of the release of Dominion's software into the wild may be is still less than clear. Particularly as it pertains to the September 14th Gubernatorial Recall election now underway here in California. It's something that I am still trying to dig into. Dominion's EMS software is used in a number of large jurisdictions in the state, including San Diego County, San Francisco and Riverside Counties.

Earlier this week, I spoke on The BradCast with cybersecurity and voting system expert Rich DeMillo, founder of Georgia Tech's School of Cybersecurity and Privacy, about serious vulnerability concerns that have recently emerged [PDF] in a long-running federal lawsuit seeking to ban Dominion's touchscreen vote systems across the state of Georgia. How this new security breach may now come into play in either that case, here in California, or in any of the other many jurisdictions which use the same software across the nation, is unclear at the moment. One expert I spoke with this afternoon, however, said it does seem to prove yet again that "security by obscurity" (attempting to keep vulnerable software safe by keeping it a secret) doesn't actually work, especially when it comes to voting systems.

More on this story, I suspect, in the days ahead.

Finally, we close today with Desi Doyen and our latest Green News Report, as Senate Dems move forward with critical climate legislation in their $3.5 trillion reconciliation package, even as deadly, climate change-fueled wildfires, heat waves and floods continue to wreak absolute havoc around the globe this week...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Richard DeMillo of Georgia Tech's School of Cybersecurity; Also: New UN climate report warns humanity faces 'unprecedented' danger...
By Brad Friedman on 8/9/2021 6:44pm PT  

Today on The BradCast, it's both "Code Red for humanity", according to the authors of the new report released today by the UN's Intergovernmental Panel on Climate Change, synthesizing some 14,000 climate studies from the past 8 years. And it's also "code red" for American elections, most immediately, here in California. [Audio link to full show is posted below this summary.]

New polling out last week finds that the otherwise ridiculous Republican attempt to recall Democratic Gov. Gavin Newsom is now supported by some 46% of those polled. In short, the effort to remove the Governor (for reasons nobody can quite explain, other than Republicans can no longer win regular statewide elections in the state) is now a dead heat. Who would replace Newsom if he's recalled? That is also unknown, as scores of Republicans are vying for the position, should voters choose "Yes" to recall the Governor on Question 1 of the ballot on September 14th. If a majority of voters do vote "Yes", then whoever wins on Question 2 on the ballot becomes the next Governor of the most populous state in the nation.

So, the stakes are pretty high. Which is just one of the reasons that it is so troubling that some of the largest counties in the state, including Los Angeles, San Diego and Riverside, all offer voters 100% unverifiable touchscreen voting systems when they vote in person at the polling place.

The good news is that, due to the pandemic, the Secretary of State is sending all registered voters a hand-marked paper Vote-by-Mail ballot for the Recall. The bad news is that many voters, for various reasons, will use those unverifiable touchscreen Ballot Marking Device voting systems at the polling place instead. If enough of them do, it will be strictly impossible after the election to know if any of the computer-marked ballots printed by them actually reflect the intent of any voter.

The further bad news is that an ongoing federal lawsuit in Georgia, where plaintiffs hope a federal judge will permanently ban the state's brand new touchscreen computer Ballot Marking Device (BMD) voting systems made by Dominion, has recently produced some disturbing news. One of the nation's top voting systems and cybersecurity experts, J. Alex Halderman of University of Michigan, hired by plaintiffs Coalition for Good Governance, has been given access to the Dominion ImageCastX systems used across the state, and his findings are reportedly so troubling, that the federal judge in the case has sealed his report, even from the plaintiffs themselves!

Last week, in a public declaration [PDF] in the case, Halderman warned his testing of those very systems "has shown that the BMDs used in Georgia suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes," in a way that the state's mitigation techniques will not prevent. He says that his findings must be "urgently" reviewed by both the Sec. of State in Georgia as well as Dominion. But neither is allowed to see his report under the judge's seal, and neither has filed a motion to ask the Court to unseal it for them.

As my guest notes today, apparently they'd rather not learn about the vulnerabilities in their own systems. "If the report has anything approaching the level of vulnerability that Alex describes in his summary report, they would have to do something about it. So not knowing anything about it, gives them some breathing room" to try and figure out what they should do next, he tells me.

Why is this a problem for California? Because it is one of several states where some counties use the exact same system made by Dominion. Both San Diego and Riverside use the Dominon ImageCastX system at the polling place, where voters could end up removing the Governor in just over a month. Next door, in Los Angeles County, a similarly unverifiable touchscreen Ballot Marking Device is now used at the polls.

Moreover, a study that Georgia's Sec. of State carried out last November, to determine if voters actually bother to review their computer-marked ballots printed out by the touchscreen systems before casting them, found that almost none of them did. The results of that study were kept secret by GA's Sec. of State Brad Raffensperger, and only released last week, after the Atlanta Journal Constitution obtained the results via GA's Open Records Act.

So what could all of this mean for California? Should anyone be surprised by either the results of the GA Sec. of State's study or the troubling findings by Halderman? Should these unverifiable and vulnerable BMD voting systems ever be used by any voter in an American election (other than disabled voters who may choose to use an assistive device)? And, by the way, is there any evidence that these systems may have somehow stolen the very close election for Joe Biden over Donald Trump last year in Georgia?

We're joined today by longtime cybersecurity and voting systems expert RICHARD DEMILLO, founder of Georgia Tech's new School of Cybersecurity and Privacy. He offers some cold, hard, well-informed thoughts on these systems and why Halderman's report may have been sealed by the federal judge in Atlanta. He also offers advice on whether voters in California, Georgia or any other state should ever choose to vote on one of these systems when the option of using a hand-marked paper ballot is available to them.

"The more machines you use, the more likely it is that they're going to be hacked. It's just a matter of numbers. The machines are vulnerable. There are people that are adversarial that want access to the machines. The more you make it available to them, the more likely it is that they'll be used that way," states DeMillo. "You're opening yourself up to a lot of risk that seems to be unnecessary."

In the meantime, should voters and election officials in California --- including in Riverside and San Diego, where the same unverifiable and vulnerable Dominion systems are used, as well as those in Los Angeles, where a very similar touchscreen system is now forced on all voters at the polling place --- be concerned about the new, court-sealed findings in Georgia?

DeMillo offers several, unequivocal answers. But, in short, yes, we should all be alarmed.

DeMillo also offers his thoughts on the MAGA argument that Georgia was stolen last year, and says that after requested by CNN to review MyPillow Guy Mike Lindell's "absolute proof" that the election was stolen from Trump (in what turned to be a brutal takedown for Lindell) he finds the only "absolute proof" Lindell offered is that he has absolutely no idea how elections actually work. "Literally, every word that comes out of his mouth about elections and whether or not they were hacked and how they were conducted, is simply contradicted by facts," DeMillo tells me. "There are other things to think about in election security, but that's not one of them."

Finally, we close with a few words (more to come later this week!) on the climate disaster now unfolding in places like Evia, Greece, where thousands were evacuated by passenger ferry overnight this weekend, hoping to outrun massive wildfires amid record heat that has now reportedly destroyed thousands of structures. That, on the same day that the IPCC warns our man-made climate crisis is now "unprecedented" and unfolding even quicker than scientists had predicted only a few short years ago...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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