Today's BradCast --- from questions about classified Presidential documents to this week's hand-count of 2020 ballots in a swing-state county --- is ultimately about transparency and sunshine as the best disinfectants when it comes to politics and the necessity of public oversight for the health of American democracy. Even when it may seem annoying to some at first blush.

Much of the corporate media has been doing a fairly lousy job of allowing disingenuous rightwing opportunists to turn the recent reported discoveries of some classified documents said to have been found in old boxes at a Joe Biden office and one of residents into the very same thing that Donald Trump is facing potential felony charges for. In his case, any charges will most likely come in response to blatant disregard for the rule of law and the continuing-to-this-day obstruction of justice in his case of thousands of pages of stolen classified documents.

There is little comparison between the two matters, but the comparisons are being made anyway. Sometimes helpfully, sometimes lazily and destructively. In any event, Robert Hur, a former U.S. Attorney appointed by Donald Trump was designated on Thursday by Biden's Attorney General Merrick Garland to serve as Special Counsel in the matter of the Biden documents. That is a good thing, as it will ultimately serve to either expose crimes (unlikely, based on the currently known evidence, but always a good thing if there are any actual crimes) or end with a report from the Special Counsel finding no violations of the law by the President. A normal, non-Special Counsel probe by DoJ would end in either indictments or no comment, allowing false claims to be made forever.

I suspect many Dems will be annoyed by the appointment of a Special Counsel in the Biden case. But it is ultimately be better than the alternative. Transparency, sunshine and independent oversight are always good things.

In a similar vein, the second major story we focus on today involves a hand-count of hand-marked paper ballots from the 2020 Presidential election taking place this week in Lycoming County, Pennsylvania. It's a county where Trump won by more than 40 points in both 2016 and 2020, but where many Republicans have been conned into believing there was some sort of fraud that decreased Trump's win from 44.2 points over Hillary Clinton in 2016 to "only" 41.4 points over Biden in 2020.

There is zero evidence of fraud or programming error or mistally of any kind, but local Republicans --- hoaxed by opportunistic national liars --- have collected thousands of signatures to demand a public hand count. The County's of Board of Supervisors ultimately agreed late last year to allow one.

Some of the few covering the count at all in the national media this week have been snarky, snide or dismissive (MSNBC's Alex Wagner, for example, and the very computer voting and tabulation friendly media outlet VoteBeat). But, as it turns out, the count appears to be going smoothly, is reportedly confirming the original results, and was largely completed in just three days rather than the three weeks VoteBeat had suggested it might take, as they offered readers false and misleading claims about hand-counting. (They believe computers are more reliable for that sort of thing, even though the only way to know if computers have tallied paper ballots accurately is to...hand count them.)

But whether there is legitimate cause to be concerned about the results of a Presidential election two years ago in a far-right leaning swing-state county, and while even a hand-count is unlikely to persuade the most brain-poisoned of Republicans, public oversight of vote counting is ultimately a very good thing for democracy. In fact, in all of my years on this beat, I am convinced it is the only thing that can keep it viable and continuing here in the U.S. As you may have noticed, for good reasons and bad, confidence in democracy and election results have taken quite a beating in this country in recent years. That is good for nobody other than the charlatans and autocrats. Public oversight of election results, on the other hand, particularly if they confirm the original counts, can only help to shore up confidence by the electorate. Democracy needs that to thrive and survive

Once again, sunshine, transparency and oversight to the rescue...whether some may be annoyed by it or not.

Finally, we finish out today with Desi Doyen and our latest Green News Report, including some disturbing new climate data from NOAA and the latest dumb pretend freak-out by Fox "News"...

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We all woke up to atrocities on Sunday. In Ukraine and in Sacramento, California. Russian war crimes in Europe and another mass shooting in the U.S. On today's BradCast, we detail the atrocities in both places before turning to the fight for the only thing that still has a chance of stopping them: democracy. But we can't have democracy without voting systems the public can oversee, and that remains a huge problem, even in our own home county of Los Angeles. [Audio link to full show is posted below this summary.]

First up, some of the newly revealed, gruesome details and evidence of war crimes allegedly committed by fleeing Russian troops against Ukrainian civilians in newly liberated towns, villages and suburbs outside of Kyiv. Despite being witnessed by independent journalists and catalogued by outside watchdogs like Human Rights Watch, which describes some of the crimes as "unspeakable, deliberate cruelty and violence against Ukrainian citizens," including "rape, murder, and other violent acts," the Russian Government contends the charges are "fake" and little more than "stage-managed anti-Russian provocation." In response on Monday, President Biden reiterated his belief that Vladimir Putin is a "war criminal."

The gruesome body count in the U.S. also continued to mount over the weekend, as another mass shooting, this time in downtown Sacramento, left six dead and more than a dozen injured after "at least fifty rounds" were "fired right into the crowd" with high-powered weaponry during bustling Saturday night revelry, according to an eyewitness. That, just one day after Georgia's legislature passed a new law allowing concealed weapons to be carried pretty much anywhere without the need for a license. They are the 23rd state to do so. Our gun violence epidemic is getting worse, not better, as Republicans refuse to allow any action that might lessen America's shamefully continuing scourge.

But tyranny is not going to defeat itself. Not in Ukraine. Not in the U.S. To that end, we remain vigilant in our efforts to help the public try and oversee this year's critical mid-term elections. Unfortunately, problems with our un-overseeable and unverifiable voting systems continue into yet another election year in so-called "red" and "blue" states alike. While the GOP is actively undermining democracy with new voter suppression laws in "red" states, vulnerable electronic voting and tabulation systems remain a huge problem across the nation.

Back in 2020, Los Angeles County deployed a new, unverifiable touchscreen voting system called "Voting Solutions for All People" (or, VSAP) across the nation's most populous voting jurisdiction. Some ten years in development by the County's Registrar-Recorder/County Clerk Dean Logan, the new touchscreen Ballot Marking Devices (BMDs) failed spectacularly in that year's Super Tuesday Presidential Primary, leading to long lines and questions about the results. The VSAP system had been conditionally certified by the Secretary of State just weeks before their first county-wide use, after state testing discovered about 30 different violations of California Voting System Standards.

The County was required to correct the violations detailed in the Conditional Certification in the months following the election, though they failed to do so in many cases --- for years. Now, the County is seeking state certification of VSAP v3.0 but, according to our guests today, has still failed to correct a number of critical security issues that failed more than two years ago.

We're joined today to discuss these concerns in advance of California's June 7th mid-term primary elections by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit Free Speech for People and by IAN PATTON of the Long Beach Reform Coalition (he is also now running for the Long Beach City Council). Both recently wrote a letter [PDF] to California Sec. of State Dr. Shirley Weber, detailing uncorrected security issues in the VSAP system and urging her to force L.A. County to fix them before issuing certification to the newly updated voting and counting system yet again.

We invited L.A. County's Registrar Dean Logan --- the VSAP system is his brainchild --- to join us as well, after his office recently described Greenhalgh's public testimony on her concerns about certification for VSAP 3.0 as "mis- and disinformation". In declining to join us today, Logan once again accused Greenhalgh and Patton of "mis-stating facts" and took a swipe at the election integrity advocates by smearing them as if they were part of Donald Trump's mob of conspiracists offering evidence-free claims of fraud since his loss in 2020. Logan charged the documented concerns detailed in Greenhalgh and Patton's memo to the Secretary "contributes to further the false narrative about elections integrity and transparency that is pervading the country."

For her part, Greenhalgh has been an expert in elections security, integrity and transparency for decades. Patton had represented the Long Beach Reform Coalition in a lawsuit against the VSAP systems long before Trump's 2020 sore loser act, when a ballot initiative in Long Beach failed by just 16 votes. After the Coalition raised tens of thousands of dollars to pay for a recount of that initiative, they were informed by Logan that the price would, in fact, be hundreds of thousands of dollars instead-- to count just a few thousand votes. The reason, as we reported at the time, is that the new VSAP system is deployed at Voting Centers across the County, which have replaced community precincts. That means that Long Beach voters may vote at any Voting Center in the County, where more than 4 million cast ballots in 2020. Logan attempted to charge the Coalition for the hours and hours it would have taken the county to cull through some 4 million ballots (computer-marked by VSAP and hand-marked by mail voters) in order to find the ones cast by Long Beach voters at any of the hundreds of Voting Centers in the County. Of course, this is just another problem with the Voting Center model, particularly in large counties like L.A. The ballot initiative that is said to have passed by 16 votes never did receive a hand recount to make sure the results were accurate.

Greenhalgh details the security vulnerabilities that remain in the VSAP system, despite state requirements that they be corrected by last year. She was also surprised to hear that Logan claimed in his email to us that "the VSAP 3.0 upgrade is over and it has been approved by the Secretary of State."

"I'm disappointed that the Secretary is not taking further action to enforce these requirements, to really require LA County to meet them," she tells us. "Also it hasn't been updated on the website, that it's already been approved. That's not public information yet." We'll just take Logan's word for it, I guess.

For his part, Patton explains the aborted recount effort in Long Beach ("I'm not a conspiracy theorist in any way," he notes. "We have never alleged a rigged election. We were just talking about the facts. The facts are this was an extremely close election, and we were just not allowed to have a hand count."); the fact that L.A.'s $300 million voting system was promised to be the nation's first open source system (but has yet to disclose any of its source code); and whether he feels confident that his election for City Council this year will be accurately tallied under the still-unverifiable and virtually unrecountable new systems.

"We can speak very factually and say that vulnerabilities don't equate to a stolen election," Greenhalgh asserts, before describing Logan's smears as "extremely disheartening." She described the comments as "a new low to hear somebody try to smear and tar real serious questions, real serious issues that need to be addressed. We still have serious security issues in our election systems that need to be fixed. We all need to pull together to fix them. And if we are having election officials refuse to address those problems by dismissing them improperly as mis- and dis-information, there's two problems with that: We're not going to actually fix the problems, but also we have a crisis of confidence in our election system right now. And when somebody in a position of power says something that is pretty easily proven to be false....they're not going to have a lot of confidence in his ability to run an election. And we can't afford that. He needs to be honest."

Logan never did cite any specific claims from Greenhalgh and Patton's concerns that he believed to be misinformation, despite my repeated query. He has a standing invitation to join us on the show any time to do so. Hiding behind false claims by rightwingers of "stolen elections" is unbecoming of a public official, particularly when the very specific concerns in question are legitimate and publicly well-documented.

There is much more discussed about all of this on today's show, and the concerns about similarly unverifiable touchscreen Ballot Marking Devices now in use across the country, along with the similarly problematic Voting Center model replacing community precincts in other counties and states.

California's primary this year is on June 7th. Cross your fingers that things work out. Good luck even being able to figure out afterward is they did or didn't...

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Wait. Even the so-called "audit" results from the Cyber Ninjas that appear to confirm Joe Biden's 2020 victory in Arizona over Donald Trump were phony?! Yup. "The Ninjas made up the numbers out of whole cloth," says our guest on today's BradCast, after examining and sharing the actual evidence in support of that claim. [Audio link to full show is posted below this summary.]

But first, the partisan, wingnut audit by the Ninjas in Maricopa County, AZ, is hardly the only epic fail by Trump MAGA Mob dead-enders who have been unable, in almost a year, to show any evidence of any substantive fraud or manipulation of the 2020 election results. The latest epic fail comes out of the deep red state of Idaho, where Trump was certified to have defeated Biden by more than 30 points. Nonetheless, loony tunes deep-pocketed pillow impresario and deep state Trump stooge, Mike Lindell, claims that those numbers were also wrong! He charges, in a new document titled "The Big Lie", that votes were flipped electronically in all 44 counties in the state, for some reason, to help Joe Biden (who, again, lost in Idaho by more than 30 points!)

Idaho's Republican Secretary of State, however, suspected that Lindell's claims may have been wrong, especially given that 7 counties in the state use no computers at all to tally their ballots. They hand count them! Nonetheless, his office went about doing full, transparent, video-taped hand-counts (and posted them on YouTube) in front of Democratic and Republican Party officials in two small Idaho counties, just to be safe. What did those recounts show? You guessed it, Biden's margin increased. He received the same number of votes in each counties' recount, but Trump lost about 9 votes in one county and picked up one single vote the another. Lindell, however, refuses to accept those publicly hand-recounted results by the Republican Sec. of State in Idaho, in his continuing drive to make himself the nation's number one laughing stock.

But Lindell has competition on that score from the Cyber Ninjas and its CEO Doug Logan in Arizona!

A week and a half ago, The BradCast was the first in the nation to detail to the findings in the long-awaited final report from the Ninjas' 5-month long secret "audit" of the 2020 Presidential election results in Maricopa County (Phoenix). Rather hilariously, the Ninjas reported that their hand-count of 2.1 million ballots cast in the County matched up almost perfectly with the original, certified, computer-tallied results from the county's Dominion Voting Systems tabulators. In fact, the Ninjas claimed to have found that Trump actually lost 261 votes in their hand-count, while Biden picked up 99 votes.

But never mind even those numbers! Because a group of actually experienced, bipartisan election auditors, who call themselves The Audit Guys, say the Ninjas' numbers are completely bunk. "An epic hoax" according to their own review of the Ninjas' "audit". Those results were "fiction," they told New York Times. "The reality is they just made up the numbers," they explained to Arizona Republic. In fact, The Audit Guys' own report charges that "the entire exercise in hand counting ballots on lazy Susans for two months, was a hoax." Moreover, they say, the GOP President of the AZ Senate who arranged the entire audit and selected the inexperienced, conspiracy theorist company, Cyber Ninjas, to carry it out, is now part of a "coverup" to try and hide the scam.

We're joined today by Audit Guy, LARRY MOORE, founder of the Clear Ballot Group, which audits elections around the country. Since retiring from the company, Moore has teamed up with prominent Pima County (Tucson), AZ Republican data analyst Benny White and Clear Ballot's retired Chief Technology Officers Tim Halvorsen to independently check the Ninjas efforts.

Moore explains today how they determined that the Ninjas numbers were "made up out of whole cloth". Specifically, when the state Senate released the Ninjas' three-volume report, they appear to have accidentally left a number of pages in it that detailed discrepancies in the hand-count of ballots carried out by the Ninjas versus a separate, independent machine count of ballots done by the Senate at the end of the process, to try and reconcile numbers that were reportedly way off. In fact, as Moore details, the data released by the Senate revealed that their machine count of ballots (not results, just the number of ballots) matched almost perfectly with the County's originally certified totals. But the Ninjas' hand-count of the number of ballots was off by a mile.

The Senate report revealed (apparently accidentally) that one pallet of ballot boxes actually contained 48,371 ballots in 40 boxes, according to the Senate's machine count. That number matches the County's originally tallied numbers. But the Ninjas hand-count of that same pallet of ballot boxes was off by 15,692 ballots! And, as Moore explains today, that was no more than 2.5% of the 2.1 million ballots cast in the County last year and theoretically hand-counted by the Ninjas on those colorful lazy Susan tables.

"In short," The Audit Guys' report notes, before they lay out their full findings and evidence, "with this enormous discrepancy, any discussion of vote counts --- including Biden's 99 vote gain and Trump's 261 vote loss --- is meaningless."

On today's show, Moore explains how his team was able to confirm the numbers they compared with the Senate's machine-count. Randy Pullen, one of the Senate's liaisons to the count, oversaw that late, independent machine count of the numbers of ballots. He now has "some 'splaining to do", Moore tells me. Extrapolating out the numbers from the single pallet of ballots that Pullen's report accidentally revealed, results in "about a 300,000 ballot discrepancy" if averaged with the rest of the 2.1 million ballots the Ninjas supposedly counted.

If that's true, why did the Ninjas' claim that not only their count matched the County's, in general, but that Biden's margin of victory actually increased a bit? Moore offers his explanation on today's program.

We also discuss the response, so far, from both Pullen and Sen. Fann to the Audit Guys' findings ("Crickets," says Moore) and how Fann herself now appears to be participating in a coverup to hide the real numbers and much more. A state court judge has ordered the Senate to release all records from the "audit" and communications with the Ninjas and other contractors as part of public records requests. Fann, however, has refused to release thousands of pages of documents, including the rest of Pullen's and the Ninjas' box-by-box, batch-by-batch reconciliation data. (Longtime progressive AZ election transparency advocate John Brakey, who was allowed inside much, if not all, of the "audit", also recently confirmed on this show that documents were being withheld, when he explained how many of his own communications with Fann were not included in an earlier tranche of documents released as part of the original court order.) There is a hearing scheduled before the judge this week to force the rest of the documents out of Fann.

We also take a few minutes to discuss the concerns that some, including Moore, have about all of these demands for post-election audits in the wake of Trump's evidence-free Big Lie that the election was stolen from him. I don't personally mind such audits, as long as they are done publicly, with the cooperation of election officials (unlike the offensive clown show carried out by the Ninjas in Maricopa). Moore has a different view, however. We discuss.

Finally, we're joined by Desi Doyen for our latest Green News Report, much of which focuses on the weekend's massive oil pipeline rupture off the coast of Southern California, and on the big bucks that Big Oil is now spending to try and block Joe Biden's Build Back Better agenda in Congress...

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UPDATE, 6/6/2023: Confirming our reporting from a year and a half ago, text messages finally obtained by the Arizona Republic, via court order, from Cyber Ninjas CEO Doug Logan confirm that, as Moore explains in the show detailed above, Logan simply made up the numbers for this "audit" after being unable to add up or reconcile tabulation sheets created during the Ninjas' months-long "counting" spectacle at the Arizona Veterans Memorial Coliseum. Full details now here...

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On today's BradCast: Several hours after we got off air from yesterday's program, our first-in-the-nation scoop on the pretty hilarious results of the Cyber Ninjas' Arizona "audit" was confirmed by the national media, including New York Times, Washington Post and CNN, not to mention the Arizona Republic and other local outlets. [Audio link to full show is posted below this summary.]

The main part of our exclusive news yesterday was that Trump's sore-loser, publicly financed, privately purchased and secretly carried out 2020 "audit" in Maricopa County found that the hand-count of 2.1 million hand-marked paper ballots cast there, as tallied by Dominion Voting Systems' tabulators prior to certification, were, in fact, tallied almost entirely accurately. The evidence-free lie that there had been some nefarious conspiracy to hack the Dominion systems on Joe Biden's behalf by communists in China, Cuba, Venezuela, along with George Soros, the "deep state" and "antifa", proved to be the bullshit most of the not-brainwashed Americans had presumed.

In fact, according to the Ninjas' own hand-count, Joe Biden picked up 99 votes over the state certified totals while Donald Trump lost 261, widening Biden's slim margin of more than 10,000 votes in Arizona by another 360. The "audit" hand-count of the state's U.S. Senate race also found a larger margin for the Democratic candidate than certified, though both candidates lost some votes in the Ninjas' count. Republican Martha McSally lost 541 votes, while Democrat Mark Kelly lost just 60, for an overall increase of 481 votes for Kelly, the certified winner.

We were a bit more general and circumspect during Thursday's show than we usually like to be, in our description of those findings while breaking the news in order to protect sourcing. But with the Ninjas three volume report now full released you can download it yourself for inspection. The numbers in the Presidential and Senate race are, however, buried way back in the report's third volume [PDF] for some odd reason. That's another reason we felt it important to break the news before the Ninjas put their purposefully diverting spin on things.

As Phoenix' NPR station KJZZ reported last night, even Randy Pullen, a spokesman for the state Senate and major proponent of the "audit" was forced to concede: "Was there massive fraud or anything? It doesn't look like it."

Today, Arizona's GOP state Senate held a forum to allow the Ninjas and friends to present their findings, though the Senate's feed crapped out about an hour into it (and long before Ninja CEO Doug Logan ever conceded that his hand-count confirmed the previously certified Democratic victories, if he ever offered such a concession. You can watch a replay of the three-hour forum now here.), We'll almost certainly pick up any newsworthy information or legitimate concerns from the hearing and/or the report in the not too distant future, if warranted.

All of this nonsense, of course, is a perfect way to disguise and distract from the fact that the GOP is now a broken political party with absolute no actual legislative agenda. But it comes at a time when when humanity itself is hanging in the balance, unfortunately, and when a legitimate opposition party to the Democrats might be very useful.

Earlier this month, NASA climate scientist and author DR. PETER KALMUS responded to recent calls from President Biden and nations around the world, to reach "net zero" greenhouse gas emissions "by 2050", by citing "two fatal flaws" in that plan: "One is 'net zero,'" he wrote at The Guardian, "the other is 'by 2050'."

Kalmus' argument comes as climate disasters around the world are now happening much sooner, more broadly and more fiercely than long predicted by climate scientists, and as new U.N. reports argue that even if the nations of the world meet their current pledges to reduce greenhouse gas emissions that cause global warming, we will still see catastrophic, humanity-threatening disaster by century's end. That, as a handful of so-called "moderate" Democrats in the House and Senate this week hold up efforts to at least begin facing this challenge, as designed in the Clean Energy Performance Program (or CEPP, offering financial incentives for utility companies to move to renewable energy production) built into the heart of President Biden's proposed $3.5 trillion Build Back Better Act.

"In my opinion, and I think many of my colleagues would agree, the climate science community is pretty surprised by how fast climate breakdown is progressing, in terms of extreme heat, which kicks off the fires, along with the extreme drought in the Western part of the US, the extreme flooding that we've been seeing in the Eastern part of the U.S. All of this is coming a lot faster than we thought as a community," Kalmus tells me, explaining why he is calling for "climate emergency mode" in which "a lot of things in society would have to change pretty drastically and quickly."

When there's an emergency," he argues, "you don't typically just keep doing what you were doing." He notes that most calls for net zero by 2050 assume some sort of negative emissions or carbon capture technology which either doesn't yet exist or, where it does, is not nearly robust enough to remove anywhere near the amount of greenhouse gas that must be removed from the atmosphere to even make a dent in our quickly worsening climate crisis.

He is calling for much more drastic measures --- such as the nationalization of the fossil fuel industry --- than most of the climate scientists and experts we've interviewed on the program, or who are usually allowed to speak in the national media.

While Kalmus concedes many of his arguments "might sound a little too radical" for many now, he believes that with each successive disaster, people will begin to understand more and more the consequences of failing to take appropriate action to meet the moment. He argues that while carbon capture technologies will not save us, neither will kicking the can down to 2050 to reach net zero. That, Kalmus explains, needs to happen more like by 2035 and, he believes, it is actually doable.

His case "might sound a little too radical to some of your listeners," the NASA Jet Propulsion Laboratory scientist (who notes he's speaking on his own behalf) concedes, but "my response to them would be that they haven't fully understood just what an emergency we're in, or just how irreversible the damage that we're doing and leaving for future generations is going to be."

Kalmus, whose research at the nation's space agency employs satellite data and models to study our rapidly changing Earth, warns: "I see what is coming in the future years, and I'm just trying to get people to respond now to what I know is coming. And that's really hard. I take a lot of criticism for that. But I know I'm right. So I keep trying."

"Ten years ago when I was saying similar things, but it wasn't so immediate to people, no one was listening," he says, adding: "Recent years have started to shift that balance. It's just basic physics and it's continuing as we continue to emit these greenhouse gases. So I can say with complete confidence that in the coming years, what I'm saying now that sounds radical to people will not seem radical anymore. I just wish that people would listen now."

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Now, even the Cyber Ninjas agree that Donald Trump lost, and by more than originally thought. The full, final, long-awaited report is set to be released on Friday in three different "volumes" in which they hope to bury the lede. But we've got the breaking skinny, exclusively reported for you on today's BradCast. [Audio link to full show is posted below this summary.]

According to a months-long, so-called "forensic audit" and hand-count of more than 2.1 million ballots in Maricopa County (Phoenix), Arizona from the 2020 election, not only did Joe Biden defeat Trump, as previously reported by the County and the state, the private partisan company hired by the GOP state Senate to carry out the exercise, found that Biden actually received more votes over Trump than originally reported.

Information obtained just minutes before airtime today, reveals that the months-long "audit" by the far-right, partisan, conspiracy-promoting Florida company named Cyber Ninjas, headed up by CEO Doug Logan, determined that Biden's vote total in the state's most populous county was actually larger, by about 100 votes, than the certified numbers, while Trump's total decreased by more than 200.

The certified results in Arizona determined that Biden defeated Trump by about 10,000 votes statewide, and by some 45,000 votes in Maricopa.

The Ninjas' "clown show" hand-count was paid for partially with Arizona taxpayer dollars, along with millions in private donations raised from duped Trump supporters who believed his claims that the election was somehow rigged in the state with the help of Dominion's voting and tabulation computers. The post-election review was carried out largely without public or media oversight, but it found numbers remarkably similar to those initially tallied by the County's Dominion tabulators, as previously reported by Maricopa County and certified by the state.

Similarly, the Ninjas' hand-count of the U.S. Senate race between Democrat Mark Kelly and then Republican Senator Martha McSally --- the only other statewide race won by Democrats last year --- found an increase in the margin of the Democrat over the Republican. In the Senate contest, both candidates lost a small number of votes compared to the County's certified computer tally, according to the numbers the Ninjas are set to report publicly on Friday. While Kelly lost fewer than 100 votes in the private hand-count, McSally lost more than 500.

The final report, scheduled for its long-awaited release tomorrow, will include three different volumes. Volume I is said to include the Ninjas' "Executive Summary & Recommendations". Their recommendations, as we have learned, are fairly standard recommendations for ways to improve local procedures, similar to recommendation often made by actual longtime Election Integrity advocates in previous elections in both Arizona and other states. The second volume of the report details "Operations and Methodology" claimed to have been used by the Ninjas. And the third, by far the largest and most detailed, is titled "Results Details".

It is not until the third volume of the report that the Ninjas finally get around to detailing the actual results of their hand-counts as compared to the County's tally. They almost precisely confirm the originally reported official results of both the 2020 Presidential and Senatorial races in Maricopa County. There still may be some changes made to the report before the final version is released on Friday.

I suspect we'll have more details on all of this in the coming days, since today's program began just minutes after we obtained a large amount of the data, which we work through on air.

What is clear, however, is that Republicans who were told that the election in Arizona was somehow manipulated, were lied to. From our review of the Ninja's information, there remains zero evidence of fraud that might have altered the ultimate results in either the county or the state. Nonetheless, based on the theatrical performance put on by the Ninjas beginning in April and continuing over the past five months, Republicans in states across the country are now planning similar, taxpayer funded exercises to review the results of the 2020 election. They may be as disappointed as the Ninjas and those who gave them their money.

If the Arizona findings are echoed elsewhere, the Republican Party is on the verge of wasting a whole lot more taxpayer money, along with millions in private donations that their "forensic audit" proponents are currently raising to fund those similar investigations.

Beyond that on today's program, we cover, in some detail, the Congressional GOP's dangerous threat to force a default on the good faith and credit of the U.S. Government. Senate Republicans are currently vowing to block an increase in the nation's allowable statutory debt limit before the U.S. runs out of borrowing power to cover bills for stuff approved by Congress (both Republicans and Democrats) long ago. That, as Republicans in the Senate also threaten to force a full government shutdown as the new fiscal year begins on October 1.

We've got a lot of detail on that shameful, reckless and under-reported mess today, as Republicans, once again, hold a nation hostage to their demands...even if, this time, they don't seem to actually be making any. They appear to simply be causing havoc and potentially costing the U.S. economy trillions, simply because they can.

Finally, Desi Doyen joins us today with our latest Green News Report, as President Biden calls for unified climate action at the U.N. and as China vows to end international financing of coal plants, and much more...

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CORRECTION 9/23/2021: In the article above, I initially misidentified Cyber Ninjas' CEO Doug Logan as Doug Jones, who, unlike Logan, is an actual voting system and cybersecurity expert. Another Doug Jones is the former Senator from Alabama. Also, while going through the just obtained information live on air, I misspoke at one point to say there were some 4 million ballots cast in Maricopa. In fact, as I noted elsewhere during the show, there were 2.1 million ballots cast in the County last November. I had misread, on the fly, some of the data showing 2.x million votes tabulated by the County originally and 2.x million tabulated by the Ninjas. I read that on the fly on air as 4 million votes total (incorrectly seeing those numbers as one row for Trump and the other for Biden, when they actually were for each of the two different tallies.) My apologies for both errors!

UPDATE 9/24/2021: National media picks up this story several hours after our scoop. Full details now here...

UPDATE 10/5/2021: Election audit expert tells us that even the results reported above by the Cyber Ninjas are not to be trusted. "The Ninjas made up the numbers out of whole cloth." Full details now here...

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On today's BradCast: Just when you think the joke of a post-election "audit" in Maricopa County (Phoenix), Arizona couldn't get more absurd...it does, as the official GOP Senate Liaison for the Cyber Ninjas' super-secret, partially taxpayer-funded tally of last year's election results gets locked out of the building, threatens to quit, and now may be reinstated. Our very colorful guest today --- who much of America may now recognize --- has been inside the "audit" in Phoenix since it began in April, working side-by-side with that Liaison. He tries to help us make sense of what's really going on right now...if that's even possible. [Audio link to full show is posted below this summary.]

First up, however, some quick news out of D.C., where a bipartisan group of U.S. Senators on Wednesday reached an agreement with each other and the White House for a $1 trillion "hard" infrastructure deal, that includes some $550 billion in new spending for roads, bridges and broadband Internet. If adopted, according to AP today, it would be one of "the most significant long-term investments in nearly a century, on par with building the transcontinental railroad or the Interstate highway system."

If it's adopted along with a much larger, $3.5 trillion Democrats-only package --- including "human" infrastructure such as a broad expansion of Medicare, the Affordable Care Act, child care, parental leave, the electric grid, an electric vehicle charging network and other long overdue climate-related projects --- it would be a landmark victory for President Biden and on par, according to experts, with FDR's New Deal.

Also today, the Administration will reportedly formally announce on Thursday that all civilian federal workers must either be vaccinated against COVID or be forced to submit to regular testing. The announcement comes as the Delta variant continues to spike across the nation, requiring new masking recommendations from the CDC in indoor public spaces and all K-12 public schools this fall.

Then, it's on to our guest, friend and longtime election integrity and transparency advocate, JOHN BRAKEY, Director of the Arizona-based AUDIT-USA. Brakey joined us earlier this year, as the "audit" theater clown show in Maricopa County was just getting underway, after the GOP state Senate forced the County (against the wishes of its Republican-majority Board of Supervisors) to turn over all 2.1 million ballots cast in the Presidential election last year, along with the County's brand-new Dominion Voting Systems equipment that tallied the hand-marked paper ballots. That, so that private contractors hired by the Senate could look into an array of evidence-free conspiracy theories charging the election was stolen from Donald Trump in the state.

Brakey, a dyed-in-the-wool progressive, quickly found himself serving as the right-hand man to Arizona's former Republican Sec. of State Ken Bennett, who had been tapped by the state Senate to serve as its Liaison and spokesperson for the hand-count and forensic audit they hired Cyber Ninjas, a Florida company, to carry out, despite the contractor and their CEO, Doug Logan, having zero experience with elections, voting systems or any kind of auditing. Logan is a hard-right Republican and, before being hired by AZ, had advanced ridiculously false and evidence-free conspiracy theories on social media about the election being stolen from Trump.

For his part, Brakey joined us on the show back in April, as the "audit" (AZ's current Democratic Sec. of State describes it as a "fraudit") got underway, to offer insight into what was going on inside the Coliseum, as most of the media were locked out entirely from what would normally be a fully public process. And though, at the time, he discussed the Ninja's laughable theory that they could prove tens of thousands of fraudulent ballots were stuffed into boxes in favor of Joe Biden by examining them for signs of bamboo fibers from China, most of the nation probably first learned of Brakey when his comments about the Ninja's examining ballots for bamboo was taken out of context by a local CBS reporter and echoed all over the national media. (The reporter, CBS-Phoenix' Dennis Welch, shamefully failed to include Brakey's comments that he didn't believe any of the bamboo nonsense, when he originally released the video of Brakey discussing it.)

But, the "audit" originally set to take three or four weeks, has now taken three or months and is still underway. Late last week, however, the GOP Senate's Liaison Bennett, was summarily locked out of the building by either the Ninjas or Senate President Karen Fann, after, they claim, he shared partial results of what is now a third county-wide tally of ballots. This third count --- of ballots only, as opposed to the votes on them --- is supposed to be completely independent from the Ninjas' earlier tally, which appears to have been greatly flawed (no surprise) and reportedly fails to match the number of ballots originally reported by the County after last year's election.

Earlier today, the Arizona Republic reported that Bennett was resigning due to the conflict, and Brakey confirmed as much on today's show. However, shortly afterward, Brakey called to notify me that he had spoken to Bennett and that he and Fann met late today and struck a deal for Bennett to continue with his supposed oversight of the project. An announcement to that end should come within the next 36 hours, he tells me.

If all of that sounds like a mess, it's because it is. Brakey speaks to all of it on today's show, including being targeted as a right-winger (which he decidedly is not) and for inappropriate national ridicule after that out-of-context "bamboo" video.

He also speaks today to...

• My concerns expressed to him the last time he was on, about the absurd lack of public oversight in the Ninja's "audit", which is supposedly predicated on the need for "transparency"(!) after Trump and his supporters circulated false, evidence-free claims about the state's certified results finding that Biden defeated Trump by 10,400 votes in the state;
• Why Bennett was locked out from the "audit" last week, and whether he had actually tendered his resignation this week;
• Why a third count of ballots (after the County's official count and the Ninja's subsequent hand-count) became necessary, and whether that new count is truly independent from the Ninjas'. (It isn't, as the Ninjas' own attorney, Brakey reports, is actually working on that third count!)
• Whether recent reporting is true that the "audit" team is concerned because they now believe the data actually proves Biden won.
• How rightwing huckster Jovan Pulitzer is "a complete con-man", spreading ridiculous claims about China having "hacked the election system through the thermostat" and that "65 countries [were] involved in hacking the United States, in 6 states [and] 600 counties."
• Multiple recent false and misleading claims by Ninjas CEO Doug Logan (who Brakey refers to as Doug-anon Logan) suggesting fraud, as subsequently echoed, expanded upon and further falsified by Trump this past weekend at a rally in Phoenix, where Trump falsely claimed the Maricopa County election database was found to have been completely deleted (it wasn't); that 18,000 voters were purged from the rolls only after they voted in November (they didn't vote in November); that 74,000 mail-in ballots were falsely added to the total (they weren't); and that 168,000 ballots were printed on illegal paper, suggesting they were fraudulent (the paper was not illegal, and the ballots were not fraudulent. "None of it is illegal. It's crazy!," says Brakey. "This is what we put up with --- these authoritarian-type leaders who talk like they know something, and these people are gullible. That's why I'm there, to help them understand!)

We also discuss --- and at times disagree on --- whether this entire exercise is helpful or harmful to the overall cause of legitimate election integrity and post-election audits, as disinformed GOP dupes have coughed up millions for a giant grift in Arizona, even as they call for similar (almost certainly fruitless) "audits" of the 2020 results in states across the country.

Buckle up for today's show! It's a doozy!...

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We've spent many years on The BradCast and at The BRAD BLOG explaining why touchscreen Ballot Marking Device (BMD) voting systems, like those used across the entire state of Georgia and in Los Angeles County, can never be known to accurately reflect the intent of any voter. We've also spent some time discussing why Voting Centers --- where voters in a county may vote at any center, rather than at their precinct --- may be convenient for voters, but are otherwise a terrible idea. As today's guest illustrates, those two terrible ideas came crashing down together at the expensive of election integrity and citizen oversight in a ballot measure election in Long Beach, California last November. And he's got the lawsuit and incredibly close election results to prove it. [Audio link to full show is posted below this summary.]

But, first up, the tragic stories from the COVID vaccine denier set, who are realizing --- only once it was too late --- that their denialism was, to say the least, ill-considered, continue to roll in. A state lawmaker in Missouri. A Trump-supporting couple in Sacramento. A rightwing radio host from Tennessee. A 34-year old anti-vaxxer in Los Angeles. Those who survived have come to regret their denialism. The families of those who didn't survive are now wishing their loved ones had taken their shots, and hope that you will do so now, if you haven't already.

The stories are tragic. But if continuing to tell them may help save a life, I'm happy to keep doing so on the air, as COVID spikes across the nation, almost entirely among the unvaccinated. That is thanks to the delta variant of the coronavirus and the 97% of the hospitalized who dreamt up all sorts of reasons to not take readily accessible and highly safe and effective vaccines. Many of their reasons for having failed to do so are based on misinformation spread by power hungry and/or ignorant politicians and personalities. The results are deadly and affect all of us, even the vaccinated.

In the meantime, thanks to the vaccine refuseniks, the vaccine mandates are now coming. Not a moment too soon. In New York City. In California. At the federal Dept. of Veterans Affairs.

Then, we've spent years reporting on California's election recount laws. In one sense, they are very good in that they allow any voter in the state to request a hand-count of any race, in any precinct or precincts they like, as long as they pay for it. (They are refunded if the count reverses the certified results.) But the law also allows each county Registrar of Voters to determine the price for those counts. As we've reported over and again for the past 15 years or more, the state law results in County Clerks arbitrarily and capriciously setting prices to pretty much anything they like, with a huge disparity among counties. It may cost a few cents per ballot to hand-count in Orange County, while Los Angeles is now charging well over two dollars per ballot.

The price in L.A. County, set by Registrar-Recorder/County Clerk Dean Logan, has just sky-rocketed, thanks to Logan's new touchscreen voting systems and the ill-considered use of Vote Centers that allow voters to vote at any Center they like, rather than the old precinct model of voting. One of the many problems with Voting Centers is that they make it almost impossible for Election Integrity advocates and the public in general to oversee tallies to ensure they are accurate and ballots are not stuffed into the boxes.

Another problem became crystal clear when the City of Long Beach held a ballot referendum last November to extend a city sales tax. The initiative, Measure A, passed by just 16 votes out of some 100,000 cast. When a group of citizens who opposed the measure sought a recount (California has no automatic recount law, no matter how small the margin, and though Logan could have chosen to recount it himself, he did not), they were in for a shock.

The County Clerk's handbook published before the election suggested that the count would cost them around $50,000, which they raised to pay for the count. That was before Logan informed them, just before the hand recount was to begin, that the cost would actually be closer to the $200,000 range, putting any kind of oversight out of reach to the local activists.

Why the change in pricing? Thanks to Vote Centers, ballots cast across L.A.'s county of some 4 million voters, are not sorted by precinct, even though state law requires that recounts be done by precinct. That means the County must spend HOURS sorting through millions of ballots to find the ones that included Long Beach's Measure A. Logan, who developed both the new touchscreen systems and the Vote Center model here, is charging the recount requesters for those hours, due to his failure to create an overseeable, sorted system of ballot tracking.

We're joined today by IAN PATTON, co-founder and executive director of the Long Beach Reform Coalition, to explain what happened, why the group was forced to call off their request for a recount, and why they are now suing the County instead, to charge them the original price they had expected to pay.

"This has been really eye-opening to me. Like waking up out of a slumber to a nightmare," Patton, who used to work as a staffer in Congress tells me today. "A paper trail is useless if you can't actually count it."

As the Long Beach Press-Telegram suggests in its reporting on this, the "Future of LA County election recounts could hinge" on this suit. It will be heard next month. But the future of Vote Centers, not just in Los Angeles, but across the country, where a number of jurisdictions are moving to them or considering the model, could also be affected by what goes on in L.A., the nation's most populous county...

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In support of his lie that the 2020 election was stolen from him, Donald Trump has been telling anyone who will listen that "thousands and thousands" of ballots have recently been discovered from the 2020 race, including in New Hampshire, where the state's Republican Governor certified his loss to Joe Biden by some 55,000 votes. But something troubling was discovered during a post-election hand-count last November in a small New Hampshire town, revealing that the state's decades-old Diebold optical-scan computer tabulators undercounted some Republican votes and overcounted some for a Democrat on the ballot. Thanks to a real (non-clown show) forensic audit in Windham, NH, which is finally wrapping up, we now know why, as explained in detail on today's BradCast. [Audio link to full show is posted at the end of this article.]

On November 3rd, there were four seats up for grabs for State Representative in Windham, NH. There were eight candidates --- four Republicans and four Democrats --- running for those four seats. The top four vote-getters in the contest would win the seats. On Election Night, according to the computer tabulation, the four Republican candidates swept all four slots. One of the Democrats, Kristi St. Laurent, came in 5th by just 24 votes in the small town where some 10,000 votes were cast. So she asked for and received a hand recount about a week later.

The hand-marked paper ballots cast in Windham were tabulated on Election Night, as they are across most of the Granite State, by decades-old optical-scan devices originally manufactured by the now-defunct Diebold Election Systems, Inc., and long programmed and serviced by a company with a shady background named LHS Associates. The intellectual property of the systems themselves is now owned by the private vendor Dominion Voting Systems, which acquired many of Diebold's assets some years ago.

St. Laurent's requested hand-count, about a week after Election Day last November, discovered that the four Republicans in the State Rep's race each should have received another 300 votes or so, while St. Laurent actually was found to have received about 100 fewer votes than she was credited with in the Election Night computer tally.

So, what happened? How could the numbers have been so wrong? The NH state legislature subsequently adopted a measure to allow for a post-election forensic audit to answer those questions. It was a real audit. A professional one. Very much unlike, in almost every way, the long-running "audit" theater clown show still running in Maricopa County (Phoenix), Arizona. This one was run as a fully open and completely transparent public exercise over about three weeks in May, as organized and run by three voting system, cyber-security and post-election auditing experts tapped by the state.

We're joined on today's show by one of those three experts, PHILIP B. STARK, Professor of Statistics and Associate Dean of Mathematical and Physical Sciences at the University of California, Berkeley. He is also the inventor of the post-election Risk-Limiting Audit (RLA) protocol, regarded as the gold standard for post-election audits.

While the auditors are still wrapping up a few items before issuing their final report, the weeks of fully transparent recounting of ballots and physical audits of the scanners has yielded what Stark --- and the other auditors, including the legendary Finnish cybersecurity expert Harri Hursti and Mark Lindeman of the non-partisan Verified Voting --- regard as the answer to the mystery of what actually happened.

Via painstaking and extraordinarily well-document public experiments, they determined that folds in absentee ballot papers that went right through the oval next to St. Laurent's name resulted in the scanners incorrectly recording those folds as votes in many instances. That means, that if a voter had voted for all four Republicans on the ballot and the fold went through St. Laurent's "target", the systems may have seen that as an overvote in the State Rep's race and, therefore, wouldn't count any of the votes in that contest. Similarly, if the voter hadn't voted for four candidates and the fold went through the Democrats' oval, she might have picked up a vote that she didn't actually deserve.

"We're confident that we've identified the primary contributors to the mistabulation of the votes in the State Representative contest in Windham," Stark told me. "They are, namely, ballots that were folded through vote targets in contests, including in particular, Kristi St. Laurent's vote target in the State Representative contest."

"That, by itself, is not the only thing going on, because in the experiments that we subsequently did with the folded ballots, we found that there was a great deal of variability across machines and their ability to correctly interpret folds through vote targets, folds through ovals," he explains, noting that another problem discovered was dust on the optical eye of some of the very old scanners. "Maintenance does matter, because just using compressed gas to blow the dust out of the reader on the machine that was performing worst made it perform substantially better."

As Stark details, through experimentation, folding ballots in varying ways and by various means, the auditors were able to replicate the problem. "We have a pretty good understanding of how the ballots came to be folded the way they were folded, which was generally not along the score lines that the printer puts on them to guide where they should be folded. If they'd been folded in the right place, this wouldn't have been an issue."

Stark also explains why human eyes --- as in the hand recount last November --- are generally much better than computers at actually determining voter intent, even in normal cases, because scanners are simply not programmed to read certain types of marks made by voters as actual votes.
v
We also discuss the critiques and even threats from some Trump supporters that the auditors have endured from Trump supporters throughout the official audit, despite the auditors extraordinary, landmark efforts at transparency and public oversight, including answering hundreds of questions both at the audit site and via Twitter throughout the process.

"The complaints seem to be largely based either on a misunderstanding --- whether deliberately or not --- on the things we have said and a lack of understanding of the [Diebold] AccuVote OS [systems]; a lack of how New Hampshire runs its elections or understanding of New Hampshire election law; also, people somehow thinking Twitter is a definitive source of information about the audit, rather than the live [audio and video] feed and the New Hampshire Dept. of Justice's website, where we've been posting all of the evidence as we've accumulated it," Stark responds. "There are some people who are definitely accusing us of fraud, lying, of being on George Soros' payroll, of trying to cover something up."

"There are definitely people who think that Mark, Harri and I were hired to cover something up. I don't know what it is we are supposed to be covering up. The idea that we are not motivated to not find malware, if malware is there, is kind of laughable. It would be a career-making thing for us. We'd like nothing more than to find malware if malware is there! But we're not going to pretend it's there if it isn't."

Of course, Hursti himself has already made his career previously by hacking these very same AccuVote systems, back in 2005, as seen in the climactic finale of HBO's Emmy-nominated 2006 documentary Hacking Democracy and its chilling 2020 follow-up, Kill Chain: The Cyber War on America's Elections.

"There was no evidence of malware...And the effect that we've observed is just completely consistent --- every test that I've thought of to throw at it, every thing that we've done --- it really looks like it's the folds. Now, people are saying maybe somebody 'weaponized' the folds and knew exactly how to fold the ballots to take away votes from the Republicans, which is kind of the Wayne's World test: It could happen...and monkeys could fly out of my butt."

Stark also answers questions about how this audit compares to the very very different one ongoing in Maricopa. "The way that they're doing their hand-count is guaranteed to produce an inaccurate count," he charges. "You really need multiplicity and redundancy. You need to reconcile things as they go along. And putting ballots on a Lazy Susan and having them spin around in a hurry is not a way to get an accurate count."

Moreover --- and, of course, this is the only thing the disgraced former President actually cares about --- Stark speaks to whether or not this problem could have possibly affected other races on the ballot, including the Presidential contest.

Also on today's show: A few more thoughts, for now, on Sen. Joe Manchin (D-WV)'s obstruction of safeguarding democracy in the U.S. Senate, and Desi Doyen with our latest Green News Report with a whole lot of very disturbing news for the climate, and a longtime, genteel British environmentalist who is no longer pulling his punches on what he describes as the "crime" of climate change...

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On today's BradCast, (riddled with a few tech probs at the station, so apologies for any incoherence on my part!) we bring you up to date on some of the latest developments in the insane, dangerously non-transparent "audit" theater in Maricopa County (Phoenix), Arizona being carried out by the Trump-supporting Cyber Ninjas company. [Audio link to full show is posted below summary.

[ALSO: See important "SHOW NOTE" at end of this summary!]

Notably, a story we broke some weeks ago, after the Ninjas were forced by a state judge to publicly release what suffices as their procedural documents [PDF] for the "audit" (they had claimed their procedures for counting public ballots from the 2020 election were "trade secrets") was confirmed, at least in part, by an excellent article at Slate this weekend by Jeremy Stahl. In short, we had explained weeks ago how the Ninjas poorly documented procedures (see p. 178 in the PDF linked above) allows them to change a MINIMUM of 42,000 votes in their so-called "audit", without setting off any internal or external alarm bells. Stahl's lengthy, well-reported story on the Maricopa mess, headlined "What if the renegade Arizona audit declares Trump won?" details, among many other things, the same point, that the Cyber Ninjas' own procedures allow them to change far more votes than would be needed to falsely declare Trump actually won the state. Any such mistally is considered an acceptable rate of error in their own documented procedures --- even though Joe Biden was certified to have won the state by just over 10,000 votes.

Moreover, if and when they do declare that AZ was somehow stolen from Trump, there is little that can be done to dispute such a claim, since the secure chain of custody for the 2.1 million actual ballots cast in Maricopa last year has now been irrevocably broken. Only yet another hand-count could prove or disprove such a claim by the Ninjas, since --- unlike real audits --- they have not allowed the public to track or oversee their daily tallies. But, after the private, Florida-based company took custody of the County's ballots weeks ago, they could have added, removed or changed ballots at any time since.

All of that, meanwhile, as a real audit continues in Windham, NH, being run transparently by actual voting system, cybersecurity and post-election audit professionals who are allowing full public oversight. And as a judge in Georgia just granted permission for yet another post-election audit of copies of the 2020 ballots cast in Fulton County (Atlanta), Georgia's Presidential race last year.

Of course, all of these questions about the results of last year's elections --- whether offered in good or bad faith --- might have been avoided years ago had Democrats insisted on fully overseeable public elections, instead of allowing private voting machine companies to, by and large, take over America's election with computers that tally votes, essentially, in secret. We have been warning about this nightmare for years, and now it is coming home to roost.

As our guest today, San Francisco-based attorney, election integrity advocate and Twitter rockstar JENNIFER COHN pointed out in a recent smart Twitter thread, Republicans spent years blocking Democratic legislation, the SAFE Act, which would have at least mandated post-election audits for federal races in every state. Now, Republicans are claiming they are needed all over the country. But, oddly enough --- for reasons that Cohn has been unable to determine so far --- Dems have failed to reintroduce the SAFE Act in this session of Congress.

She speculates today that the legislation may now be seen by Democrats as feeding into the GOP's evidence-free claims of fraud in the 2020 election, not unlike how Dem fears of being labeled as "conspiracy theorists" over the years prevented them from challenging and demanding hand-counts after what her thread describes as "fifteen years of poll-defying victories" for Republicans.

"I don't want to imply that I think they are equally to blame," Cohn tells me. "But I do think that it's a failure of leadership. Because leadership isn't about just reacting always to what the other party does. It's about standing for something." She goes on to correctly note that Democrats "had an opportunity after 2016 to really be the champions of election security, and to even incorporate that into their campaign platforms, and they didn't do it." Doing so, "behind the scenes does not win the court of public opinion" and now that has "allowed Trump to hijack that narrative."

"It should have been the Democrats to take that to the people, to take that to the court of public opinion. Had they done that, Trump would not be in a position to play the victim. Had the public known about the SAFE Act, and that Republicans blocked it, they would not be in the position they were to pretend to be victims" today.

Cohn is a longtime, dyed-in-the-wool Dem. So she does not level such accusations lightly. We discuss those concerns and many other points regarding the various audits --- and several splits in the Election Integrity community about them --- before opening up the phone to listeners with thoughts and questions for her and/or me on all of the above today.

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SHOW NOTE!: We've just learned from my landlord that major construction --- tearing up a walkway to install a new security gate --- will begin on Tuesday and last anywhere from 7 to 14 days! That means jack-hammers outside of our studio will make it impossible for Desi and I to do shows for the rest of the week and maybe even next week. Our beloved guest host Nicole Sandler has agreed to fill in for us for the rest of the week...and then we'll see where we are after next Monday's holiday. It could be a week of re-runs, but I hope not! Just letting you know why we are forced to suddenly and unexpectedly disappear for at least the rest of the week! My apologies. Though, as usual, Nicole will do a swell job of covering for us in our unexpected absence! Thanks for your understanding! --- BF

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There is nothing wrong with citizens --- no matter how partisan or misinformed --- demanding to know for themselves that election results have been accurately recorded and reported. That's true even in cases where they have been blatantly lied to by, say, a disgraced, failed President of the United States. But post-election audits must be done in full public view from top to bottom, with all processes and evidence from the election kept within a transparent, well-documented, secure chain-of-custody at every step. Two ongoing post-election audits from the 2020 election are currently underway. One offers an example of exactly how not to do such a probe, the other one is shaping up to be a model for the nation.

Among the stories covered on today's BradCast [Audio link to show follows this summary]...

• Ohio Gov. Mike DeWine's scheme to hold a $1 million lottery each week for the next five weeks for any Buckeye Stater 18 and over who has received at least one COVID vaccine shot, appears to be working. While we've got a few suggestions on how it could have been done more effectively, at least it appears to have slowed and even reversed (for some ages) the state's recent drop-off in the number of folks getting their shots. As it turns out, Ohioans seem to like DeWine's plan to offer federal government-sponsored cash prizes (yes, socialism!) courtesy of the America Rescue Plan in exchange for receiving life-saving inoculation from a deadly disease. More states should consider the same and the federal government oughta just pay people to get their shots! We suspect a crisp $100 bill in exchange for a shot in the arm would do the trick. (By the way, Ohioans need to opt-in for the lottery, at OhioVaxAMillion.com, to be eligible for the prizes!)

• Another direct benefit for Americans from the American Rescue Plan (Biden's emergency pandemic relief and stimulus bill adopted by Democrats while being VOTED DOWN BY EVERY SINGLE REPUBLICAN IN CONGRESS), is the expanded child tax credits which will, beginning in July, send monthly checks of $300 per child under 6, and $250 for kids between 6 and 17, to parents making less than $150,000 over the next year. If Americans liked the Democrats' $1,400 individual payments from the ARP, they may love its expanded child tax credits which start this summer. Experts say the payments are likely to help cut child poverty in half this year. Hopefully, Dems will remember to loudly remind Americans of all parties which party it was that made those payments possible, and which party attempted to prevent them. Democrats are not usually very good at that. And hopefully they'll be able to extend those payments through at least 2025 as Biden has proposed in his American Families Plan --- which Republicans also oppose.

• Then it's back to the clown show "audit" theater in Maricopa County, Arizona, where the county's 2.1 million public ballots from the 2020 Presidential and Senatorial elections last year are being inspected, in secret, by a private company with no experience in elections, voting systems or audits named Cyber Ninjas. Now, it seems, the Ninjas and a number of their allegedly false claims made about the materials turned over to them by the County (as ordered by a state court in response to the Republican-controlled state Senate's mandate) were the final straw for the majority GOP Maricopa County Board of Supervisors and its new Republican County Recorder.

  On Monday, the 5-person Board (4 Rs, 1 D), denounced the audit as a "sham" and a "con," lamenting the "spectacle" that they say "is harming all of us" and turning Arizona into "a laughingstock". The new Republican County Recorder, Steven Richer, now in charge of elections in one of the nation's largest counties, blasted the Ninjas for what he describes as blatantly false claims that election databases were unlawfully deleted and for ensuring attacks on his new staff. The Board also sent a blistering 13-page letter [PDF] to the state Senate's President detailing their anger, frustration and embarrassment, calling for the audit to be ended, while responding to charges they claim to be lies coming out of process. The Maricopa "audit" is now in it's third week in Phoenix, but reportedly nowhere near complete.

• Meanwhile, by way of a critical contrast, another post-election forensic audit is underway in Windham, New Hampshire, led by actual experts in post-election audits and voting systems. Unlike the evidence-free claims of fraud in AZ, there is reason to be alarmed by the results of a state House of Representatives race in the town of 14,000 people. There, on election night last November, in an 8-person race (4 Ds and 4 Rs) for 4 seats in the state House, all four Republican candidates won. According to the computer tabulations, they were the four top vote-getters for those seats, with the Democratic candidate, Kristi St. Laurent, coming in 5th by just 24 votes.

  Last November, after she requested a hand-count of the town's hand-marked paper ballots --- previously tallied only by 20-year old, easily manipulated, oft-failed Diebold optical scanners --- it was discovered that the 4 Republicans actually received about 300 more votes each than the tabulators had reported on Election Night. And St. Laurent, the hand-tally found, actually received 99 fewer votes than initially credited with. So what explains the discrepancy between the computer count and the hand count? That's what the auditors began to investigate last week in one of the most open, professional, well-documented and transparent such processes I've ever seen in my nearly twenty years on this beat.

  This week, the auditors explained --- via the live streaming audio and video coming out of the audit room, their own Twitter feed, as well as in interviews with local media --- their leading working theory that could explain the numbers seen one way (incorrectly) by the computer scanners and another way (correctly) by the hand-counters last November. Their working theory, if it bears out, would explain the disparity between the two separate tallies last November. We explain that theory today. And, no, unlike our disgraced former President's recent false claims about both Arizona and New Hampshire, the reasonable hypothesis does not involve "massive election fraud" with "thousands and thousands" of newly "found" ballots. It involves the scanners misreading folds on mail-in ballots as votes.

  But, of course, most critically, the side-by-side comparison of the clown show "audit" theater in Maricopa, which the public (and even local officials) are not allowed to fully oversee, versus the methodical, transparent, public process being carried out in Windham, should be an illustrative model for all future such probes. In the case of Windham, we are likely to have an answer to the mystery that everyone can agree with when all is said and done in the next few weeks. In Maricopa, I think its safe to say, little is expected to be settled one way or another after this ill-considered exercise is finally finished...if it ever is.

• Finally today, Desi Doyen joins us for our latest Green News Report, as calls grow for increased cybersecurity for the nation's energy infrastructure in the wake of last week's Colonial Pipeline ransomware attack; another pipeline company defies a shutdown order from a state Governor; and the EPA finally shuts down --- at least for now --- a disastrous, toxic mess of an oil refinery in the U.S. Virgin Islands...among other American disaster tales hastening our worsening climate crisis...

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We've got two lede stories really on today's BradCast. You can decide for yourself which one is the more maddening. [Audio link to full show is posted below this summary.]

Late last week, the bi-partisan Federal Elections Commission (FEC) announced they were ignoring the advice of their own General Counsel by voting down further investigation of the Stormy Daniels hush-money case payoffs by a former disgraced President. Two Republican appointees voted to kill, two Dem appointees voted to continue the probe (with one Repub recusing and one independent absent for the vote). The way the broken, six-person FEC is structured, no investigations of campaign finance reform violations --- no matter how obvious and blatant, as in this case --- can move forward unless there are four votes to do so.

Here, it's a slam dunk. Donald Trump's former personal lawyer and fixer, Michael Cohen, was already found guilty and sent to prison for the criminal campaign finance conspiracy in which he paid off the adult film star to keep quiet about her affair with Trump. The affair took place ten years before the 2016 election. The payments were given to her just days before the election. It was clearly an election related expense, yet the Trump Campaign failed to report it, and Trump himself paid Cohen back for the payouts during his time as President.

Both Cohen and the DoJ stated in Court, before Cohen went to prison, that the payments were part of a criminal conspiracy "directed by" and "for the benefit of" Trump himself.

The explanation of the Republican commissioners on the FEC for killing the probe is ridiculously laughable, as we discuss with our guest today, former FEC Chair ANN RAVEL. She was appointed to the Commission under President Obama in 2013 and served until 2017. She, too, agrees this was a "slam dunk" case against Trump, which serves to highlight how the GOP have permanently "captured" the Commission in order to make certain that Republicans are never held to account for violations of federal campaign finance laws.

"Wanting to do nothing is exactly how the Republican Commissioners have always been able to assure that the Commission doesn't do what it is supposed to do to make elections and the electoral process fair, and to make sure that there is total disclosure of campaign finance activities," Ravel explains. "You're right to say that it's a 'slam dunk' case. In particular, because the [FEC's] General Counsel said [Trump's behavior] was 'knowing and willful', which it clearly was. 'Knowing and willful' is the criminal standard. So that may be an alert to the Justice Department that they need to now go forward and prosecute the case."

The DoJ prosecuted Cohen for participating in the conspiracy. Now the nation's top law enforcement agency needs to prosecute the man that the DoJ has already said "directed" it!

Ravel also offers her insight on how the FEC became so captured and broken in the first place (Hint: Trump's former White House Counsel and longtime GOP operative Don McGahn struck a corrupt bargain with Mitch McConnell years ago) and on the Democratic plan in the For the People Act (otherwise known as H.R.1 and S1) to reform the FEC. The plan would restructure it from a 6-person panel designed to deadlock and never move anything forward, to a 5-person panel of appointees selected by non-partisan judges and attorneys, with the fifth appointed by the President. No more than two people from any one political party could serve on the Commission at once, and appointees would have to have spent a number of years not working on political campaigns or as staffers for elected officials, among other sensible restrictions.

"The positive about what they have proposed in HR1 is that there would be a blue-ribbon commission, comprised of people who actually believe in the law and enforcement of the law, who would be nominating and reviewing particular individuals to be on the commission who would abide by the law. That is key to making the change --- to have people who are not beholden to a particular political party, who independently would look at the law and make decisions based on what the legal requirements are."

Naturally, Republicans oppose the reform (along with HR1 in its entirety) and are lying about it to say that it would turn the Commission from a bi-partisan commission into one that gives Democrats partisan control.

Ravel also explains how the Stormy Daniels case --- which can still be prosecuted on a criminal level by the DoJ --- is not necessary over at the FEC either, since the vote to kill the inquiry can now be appealed in a court of law by an outside group.

Then, I've got a bit of a today on the absurd clown show of an audit of the 2020 Presidential election still under way in Maricopa County (Phoenix), Arizona (which we've been covering in detail for the past several weeks); the legitimate audit, being led by several top shelf election and voting systems experts set to begin this week in Windham, New Hampshire (as we detailed in some length last Friday); and the remarkable 8,500 word deep-dive investigative report published over the weekend by Washington Post, detailing how the phony myth of Donald Trump's "stolen" 2020 election came together beginning way back in 2018.

In short (which is not easy with an 8,500 word story!), a wealthy Texas businessman and some Republican operatives calling themselves Associated Specials Operations Group (or ASOG) took the research on vulnerabilities in computer voting and tabulation systems compiled by folks like Bev Harris of Black Voting, Cybersecurity journalist Kim Zetter, myself and others, to morph those very real vulnerabilities into phony claims of actual election fraud. Simply because a system is vulnerable, does not mean the vulnerabilities have been exploited. But such distinctions did not matter to this group which is clearly operating in bad faith, or to Trump who was happy to highlight any lie to cover for his shame of having been a failed, one-term President.

As I have been trying to explain for nearly 20 years on this beat, whether an election is stolen or not, the fact that we now use privatized, non-overseeable computers to cast and tabulate votes is itself a grave threat to democracy. Ultimately, as I've warned over and over again over the years (and as we are now seeing play out), it doesn't matter if an election is 100% accurate and secure if the public can't know that it is. Secret software and concealed vote counting inside computers run by private companies --- even when done perfectly and securely --- allows those operating in bad faith (as is the case with Republicans right now), to claim an election was stolen, even when there is no proof to support such an extraordinary charge. It's nearly impossible to refute such claims, bogus or otherwise.

I have warned about exactly this scenario as a dangerous threat to democracy itself for years, and now, as I explain on today's show, my worst nightmare is now playing out before all of our eyes...

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Will we ever escape the 2020 "Big Lie"? Maybe. But it's gonna take a while. That said, we've got some very good news on today's BradCast about the next "Big Lie" 2020 ballot audit! [Audio link to full show follows this summary.]

But, first up today, GOP pollster Frank Luntz appeared on a podcast this week to offer some sage insight about the 2022 elections. We would caution you to take it much of it with some very large grains of salt! Among the points he made, which we discuss (dispute) today: Trump's "Big Lie" is working to con his supporters, but that may cost the Republican Party some wins in the House and/or Senate next year, because, as Luntz claims, voters don't turn out if they believe their vote doesn't count. We explain, based on our own 20 years or so on this particularly beat, why Luntz is probably very wrong and why Dems would be making a huge mistake to take too much comfort from his point on that. Luntz is also dangerously wrong about what he beliefs will happen if Trump becomes the nominee for President in 2024, as we also discuss.

Then, the far-right cable outlet Newsmax has issued a statement apologizing for its false "Big Lie" claims that the 2020 election was stolen for Joe Biden by the Dominion Voting Systems company and, specifically, by its Director of Product Strategy and Security, Dr. Eric Coomer. He sued the wingut outlet for defamation last December, naming the Trump Campaign, Team Trump attorneys Rudy Giuliani and Sidney Powell, and even farther rightwing outlet, One America News Network (OANN) as defendants as well.

All of them had forwarded baseless claims that Coomer was on a conference call with "Antifa", promising to steal the election for Biden. Seriously. That's what they claimed. It was an absurd charge that nonetheless was repeated and reported over and again in MAGA Land after they were confirmed as losers in the November election. It resulted in death threats and doxxing for Coomer, his family, his co-workers, etc. Newsmax has now admitted their reporting was false, and that they have no evidence to support Dominion or Coomer having stolen anything.

Newsmax has now been removed from Coomer's lawsuit in exchange for the public apology and an undisclosed sum of money. Looney Toons MyPillow CEO Mike Lindell, however (who is being sued by Dominion for $1.3 billion [PDF]), can't seem to sleep at night now. He is furious about the development, and is now reportedly calling on the MAGA Mob to boycott Newsmax and watch OANN instead because Newsmax caved...by telling the truth.

Next, taking a break (mostly) today from our recent in-depth coverage of the clown show "audit" theater playing out in Maricopa County (Phoenix), Arizona, we move to the next post-election audit of 2020 ballots demanded by the MAGA Mob. This one will now be in Windham, New Hampshire and will be very different from the non-transparent shell-game being carried out largely in secret by the clueless, experience-free Cyber Ninjas nitwits and cretins in Phoenix.

In Windham, a November recount of four local state Representatives races were found to have been off by about 300 votes from the initial tally. That, of course, is cause for concern [PDF]. Particularly since the town still uses really old, easily-manipulated, oft-failed Diebold AccuVote optical scanners to tally voters' hand-marked paper ballots. (Their systems are also programmed and maintained by a disreputable company named LHS Associates.)

The reason for the discrepancy in the state Rep results is apparently still unclear. This has led the MAGA Mob to believe they've finally found evidence that the election was stolen from Trump (somehow) and --- in his best fat, sad Jake LaMotta at the end of Raging Bull impression --- led Trump during a wedding at Mar-a-Lago over the weekend to declare "massive election fraud" has been discovered in NH, which he was certified to have lost by about 59,000 votes.

But, here's the fun twist! The Windham audit will not be overseen by Cyber Ninja clowns with no experience in elections or voting systems. Longtime post-election audit expert Mark Lindeman, Ph.D., who currently serves as Acting Co-Director for the non-partisan, non-profit voting system watchdog, Verified Voting, has been tapped to run the audit. In turn, two longtime friends of both The BradCast and The BRAD BLOG, whose expertise for this audit is unparalleled, have also been tapped to work on it.

UC-Berkley's math professor Philip Stark, who invented the Risk-Limiting Audit (RLA) protocol, tells me that he is now on board. BradCast listeners may remember him as a guest on this show. Also now on board is the legendary Finnish cybersecurity and voting systems expert, Harri Hursti. He is the first known hacker of a Diebold optical-scan system, as witnessed in the climactic final scene of HBO's Emmy-nominated 2006 documentary, Hacking Democracy (along with our guest from this past Wednesday's show, veteran Florida election official, Ion Sancho), and as the central figure in HBO's chilling 2020 follow-up to that doc, KILL CHAIN: The Cyber War on America's Elections. Moreover, Hursti is one of the organizers each year of the Vote Hacking Village at DefCon in Las Vegas and was first interviewed by myself in the award-winning 2008 documentary Murder, Spies & Voting Lies: The Clint Curtis Story.

These are serious experts in the field, and hopefully will result in a serious examination of whatever went wrong in Windham in this past election --- even if it's unlikely to uncover that the election was stolen from Trump. Whether the MAGA Mob, who were elated about the Windham audit initially, will be as happy about the serious, non-hack professionals running it remains to be seen. So far, they are not.

Finally, Desi Doyen joins us for our latest news-packed Green News Report, with bad news about "new normal" global temperatures and the planet's glaciers, but better news about California stopping Nestle from stealing its water and Biden canceling Trump's wall...and using the saved tax-payer dollars to repair the environmental damage from the stupid project...

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After getting our second COVID vaccine shots on Friday, we return for today's BradCast. For Desi, it was mostly a breeze. For me, just a few hours after taking the photo at right, as discussed on today's show, it was a bit of a nightmare (if a worthwhile one) --- as explained today along with some special election news out of Texas and some disturbing exclusive information out of the 2020 election "audit" theater being carried out by Trump supporters in Maricopa County (Phoenix), Arizona. [Audio link to full show follows below.]

First up, news out of the Saturday special election in Texas' 6th Congressional District for a U.S. House seat left vacant by Republican Congressman Ron Wright, who died from COVID last December. His widow, Susan Wright, was the top vote-getter in the 23-person, all-parties race. And another Republican, GOP fundraiser and state Rep. Jake Ellzey reportedly came in second, narrowly edging out Democrat Jana Lynne Sanchez by less than half a percentage point. Sanchez conceded on Sunday in the contest where most votes were cast at polling places on 100 percent unverifiable touchscreens and none of the candidates came close to the 50 percent mark that they'd need to beat to avoid an upcoming runoff election for the seat. Dems hopes of expanding their narrow majority in the U.S. House were dashed with the loss in the mostly rural, reliably Republican district south of Dallas.

While there were no challenges to the unverifiable results in Texas with two Republicans winning, Trump supporters in Arizona continue their tax-payer funded [PDF], but privately-run "audit" of 2.1 million hand-marked paper ballots in Maricopa County, as we discussed last week in detail on the show with two experienced election auditors who had rare access inside the secret counting at the Arizona Veterans Memorial Coliseum, while media were locked out. Late last week, in response to a state judge's order, the Florida tech firm --- a group named Cyber Ninjas, with no experience in either elections or voting systems, who were retained by the GOP-majority state Senate to carry out this unprecedented "audit" --- revealed a 191-page document [PDF] supposedly detailing their recount and forensic audit procedures. (Though in fact, as we also report, these procedures have been changed many times since the "audit" began over a week ago.)

Many questions, such as why they are running ballots through a UV light, are not answered by the documents, which the far-right group, whose leader has claimed last year's Presidential election was stolen (without offering actual evidence to support the claim), attempted to keep concealed as "trade secrets".

Other information was revealed, however, such as the group's process for tallying ballots which, as I explain today, would actually allow the group to add (yes, steal) a minimum of 42,000 votes for Trump, without ever raising any alarms or red flags in the group's internal procedures. That, in race that was decided statewide for Joe Biden by just over 10,000 votes.

Worse, because the Ninjas are keeping all of their daily counts and tally sheets secret from the public, there will be no way to know at the end of the process (if they even finish before they must leave their rented venue on May 14), how they actually derived their numbers or if they, in any way, match up with what the paid counters actually tallied.

In short, we support any citizens being allowed to examine ballots to determine if elections are accurately tabulated --- even extreme partisans. But their are rules that need to be minded to assure integrity of that process as well. The process currently under way in AZ is a joke. It is election "audit" theater. That's because there is zero real oversight by the public in place. And the state GOP Senate has forced the County Board of Supervisors (4 Rs and 1 D, who all opposed this privatized, tax-payer funded charade) to give up secure control of the actual ballots to the Ninjas, who could now do anything they want to them.

And while the documents are short on details on the group's actual tallying procedures, they are long on concerns about how "Antifa" might use extreme violence to attack the venue with firebombs and chemical weapons. Seriously. That's who these people are and how they think.

Finally, it was a looong weekend for me, after suffering from a couple of days of seemingly endless chills, fever and pounding headaches after receiving my second Moderna shot on Friday. For Desi, beyond a few mild aches and pains, it was a breeze. Still, it was in those horrible, fever dream moments that I came to appreciate how important it was for everyone to get their shots anyway. I knew I was lucky enough that whatever I was going through would not, in fact, be "endless", as it has been for so many unfortunate people who contracted the actual virus. So, I tell some truths about both what I went through (which media too often downplay), and why that made me happy --- not upset --- to have gone through it...and why you should too.

Also today, we share one of the great "parody" songs by the Marsh Family in Great Britain, who have become a bit of a sensation during the pandemic in the UK. Today's song is a beautiful, moving yet amusing take off on Leonard Cohen's Hallelujah, directed toward vaccine skeptics, called Have the New Jab. I liken this adorable family to the Family Von Trapp of Sound of Music fame!

And then we open up the phone lines to listeners who have recently had their 2nd jabs, to hear how things went for them, and if it was more like my experience or Desi's...

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On today's BradCast: We've got a lot of news to catch you up on from over the weekend --- and from today alone --- before we open the phones to listeners to ring in on Joe Biden's first 100 days in office. [Audio link to full show is posted below.]

First up, today's news...

• Over the weekend, Biden officially declared the killing of 1.5 million Armenians by the Ottoman Empire beginning in 1916 to have been a "genocide". U.S. Presidents from both parties have declined to do so for decades, largely out of deference to Turkey, now a major NATO ally. Biden just went ahead and did it, after declaring his intention the day before to the Turkish President. Yes, it's a 100 year old story, in one respect, but not to the Armenian community which has sought such a declaration on the atrocity from a sitting U.S. President for years.

• The U.S. Supreme Court announced on Monday that it would take up an NRA-backed case next term on the Constitutionality of the right to carry weapons outside of the home, a direct challenge to a century-old New York gun law. Similar statutes are on the books in a number of other states, including Maryland and Massachusetts. Given the news we discussed on last Friday's BradCast about the appalling 6 to 3 opinion issued by the GOP's stolen and packed SCOTUS last week --- and, in lieu of Democrats figuring out how to reform the Court to expand and unpack it --- today's news likely comes as a foreboding sign for gun safety advocates.

• The U.S. Dept. of Justice on Monday announced a sweeping new "patterns and practice" probe of policing by the Louisville-Jefferson County Metro Government and Louisville Metro Police Department in Kentucky, following the middle-of-the-night 2020 police killing of 26-year old Breonna Taylor in her own home during a no-knock raid. The warrant was approved as part of a narcotics investigation which turned up no drugs and for which the City of Louisville has already agreed to a $12 million settlement after the police killing of the African-American emergency medical technician last year.

• The Biden Administration is announcing the launch of an historic $12 billion summer food program to feed lunch to more than 30 million low-income children, as part of the recently passed $1.9 trillion American Rescue Plan. The USDA plan, according to experts who study childhood hunger, will go a long way towards feeding children who face food insecurity during summer months, when free school lunches are not available. The initiative comes on the heels of not only a hunger crisis amid the COVID pandemic, but after years of cutbacks to the Supplemental Nutrition Assistance Program (SNAP) and other programs to combat hunger by the Trump Administration. Another upside: Money spent on SNAP goes directly into local economies.

• In news that broke just before airtime today, the U.S. Census Bureau released its first tranche of new numbers from the 2020 decennial survey revealing that Texas, Florida, North Carolina, Colorado, Montana and Oregon will each pick up Congressional seats in the once-a-decade redistricting process before the 2021 mid-term elections. New York, Ohio and, for the first time in its 170 years of statehood, California, would each lose a seat in the U.S. House. In fact, Texas is picking up two seats, while it, Florida and North Carolina have redistricting processes that are entirely controlled by Republicans, allowing them to gerrymander their states even further than they already are. Many of the Dem-controlled states picking up seats have processes in place that share power with Republicans for redistricting, or have a process controlled by independent commissions to determine new maps.

• In some news that broke during today's show, California officials have announced that Republicans hoping to unseat the state's Democratic Governor Gavin Newsom in a recall election, have obtained the requisite number of verified signatures needed to hold the recall election for the first-term Governor this fall. More on that story, undoubtedly, in the days ahead.

• And lastly, before we turn to callers ringing in on Biden's first 100 days, a word about the unusual, ongoing post-election hand-count in Maricopa County (Phoenix), Arizona, where the Republican-controlled state Senate is using tax-payer money to pay a private company named Cyber Ninjas, run by a Trump-supporting IT expert with no experience in elections, to recount the County's 2.1 million ballots from the 2020 election. The count is examining only the results of last year's Presidential race, reportedly won by Biden, and the U.S. Senate race, won by Democrat Mark Kelly. In both cases, it was the first time in decades for Democratic victories. While we are normally in favor of any and all attempts by citizens to oversee the results of their own elections, the Maricopa count is disturbing on several levels.

  For one, it is being paid for by tax-payer dollars, but run by a Trump supporter who, in addition to having no knowledge of elections or election technology, has a record of promoting demonstrably false claims about the election having been stolen by election system vendors, a number of communist counties, and allies of Joe Biden. The company heading up the count is also not using accepted hand-count practices established by the state. And they also refuses to disclose the amount or additional sources of dark money funding that it is receiving to carry out the hand tally. Moreover --- and most disturbing as of now --- is the fact that the tax-payer funded organizers are barring both media and the general public from overseeing the examination of the ballots from the 2020 election (which should, theoretically be protected and remain in state custody, under federal law, for 22 months.)

  I am in close touch with some of the folks who are working as observers on the count --- the ones with actual experience in post-election audits and recounts, unlike the Republicans in charge of this scheme --- and hope to have more information for you on this in the days ahead. There is no rush, apparently. At the rate of counting being carried out by the paid-for counters --- who not only counting, but examining ballots for signs of fraud --- it could take about 15 months to tally all of the ballots, according to one experienced election integrity advocate closing tracking the process.

• Finally today, in advance of President Biden's first address to a joint a session of Congress on Wednesday night, his 99th day in office, media are rounding up their various assessments of the Administration's first 100 days and grading the President on his performance to date. It seems his bold actions have taken many in both the media and public --- who had previously regarded old Joe as an establishment, institutionalist centrist --- by surprise. We open up the phones to callers to do a bit of the same temperature taking today, to find surprisingly positive reviews for the new President from our usually somewhat cynical and progressive listener base here in Southern California (and, in Minneapolis, Chicago and elsewhere today.)

Enjoy!...

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On today's BradCast we try to catch you up with at least five days of important news from over the long holiday weekend. That's damned near impossible in the Trump Era, unfortunately. But we did get about half way there, with the most important parts of Trump's continuing attempt to steal the 2020 election (yes, that's still ongoing!) before turning to some excellent listener calls...

Among the stories we did catch up on, and were able to offer some important context for...

• If someone could wrap Joe Biden in bubble wrap and place him in an hermetically sealed room for the next 50 days, it would be greatly appreciated.

• Los Angeles County has now implemented among the most severe COVID-19 restrictions in the nation amid a recent spike in cases and hospitalizations that threatens to soon overwhelm our health care system here. That said, California and L.A. have among the lowest per capita rates of infections, hospitalizations and death in the nation, but the rates have doubled in recent weeks. So, if we need to take these emergency measures, we only hope that places where it's really bad --- for example, in the Midwest and Texas --- take action now to save lives. Election Day is past and so its no longer necessary for GOP leaders in those states to pretend everything about the coronavirus is a hoax in order to try and re-elect Donald Trump;

• Arizona certifies its election results, confirming that Biden officially defeated Trump by more than 10,000 votes, in a state that hasn't gone "blue" in decades. The certification also clears the way for Democratic Senator-elect Mark Kelly to be seated in the U.S. Senate this week, following his defeat of Republican incumbent Sen. Martha McSally in what was a Special Election for the Senate on November 3rd. McSally has now lost two Senate seats to Democrats in a row. And the loony state GOP Chairwoman and failed Congressional candidate Kelli Ward is continuing to challenge the 2020 results --- even as the state's very Trumpy Republican Governor and Attorney General stand by them;

• Wisconsin certifies its elections results, confirming that Biden officially defeated Trump by just over 20,000 votes in a state that Trump is said to have defeated Hillary Clinton by a similar margin in 2016. The certification follows a partial "recount" in the state, paid for by the Trump Campaign at a cost of $3 million. The second count in Milwaukee and Dane Counties, where Trump sought to the re-tally, ended up netting an additional 87 votes overall for Biden. (Another artful deal by the world's greatest businessman);

• Over the weekend Trump lost resoundingly in two different cases, one in federal court and one in state court, in Pennsylvania. One loss came from the 3rd U.S. Circuit Court of Appeals, where three Republican-appointed federal judges upbraided the Trump Campaign's case, with the Trump-appointed Judge writing the scathing opinion to include: "Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here. ... Voters, not lawyers, choose the President. Ballots, not briefs, decide elections." The state case did not go any better for Team Trump, with a unanimous verdict by the state Supreme Court finding that the GOP legislators' attempt to toss out the election based on claims that the state's new absentee ballot law violates Pennsylvania's Constitution was filed much too late. The same law was in effect during the state primary earlier this year, and the legislators had no complaint about it. NEITHER OF THE TWO CASES, NOR ANY OF THE OTHER FAILED CASES FROM TEAM TRUMP ALLEGED FRAUD. Claims about "massive fraud" are only made by Trump and Giuliani and friends on Twitter and Fox "News". Courts require actual evidence and apparently, Trump has none to offer;

• We then open phones to callers with some questions about all of this stuff, including the one Trump Card that the President still hopes to play at the GOP's stolen and packed U.S. Supreme Court. There, Trump hopes for an opinion that only state legislatures may make any laws or rules or regulations concerning the "times, places and manner of holding elections", as referenced in the U.S. Constitution. With such an opinion from a majority of Justices, if they can get it, Team Trump believes they can toss out election results this year, and have GOP state legislatures award electors to Trump instead of Biden, the popular winner. It's a radical, extremist (and arguably ridiculous) "originalist" interpretation of the U.S. Constitution, but Kavanaugh and Gorsuch have already indicated they buy it, Alito and Thomas are likely to go along with it, and the matter would potentially be left to Trump's most recent appoint, Amy Coney Barrett, to decide.

Many are turning away to other matters now that they believe the monster has been vanquished once and for all. We've seen enough monster movies to know that it's a terrible idea to walk away after you think the monster is dead, even while they are lying there with an axe in their apparently lifeless hand...

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