A legal fight for the integrity and public oversight of elections in the Peach State has been running in federal court for nearly eight years now. As we've reported over those years here on The BradCast, it began long before Trump and his Republican MAGA stooges dreamt up their imaginary 'Stop the Steal' scheme to pretend the 2020 election was stolen from them. The long-running suit has highlighted vulnerabilities and revealed criminal actions along the way. But, as of last night, the case may have come to an end. Our guest today, however, a lead Plaintiff in the case, vows: "This fight is far from over." [Audio link to full show follows this summary.]

FIRST UP... The madness wrought by our last election continues today, however, as layoffs begin for thousands of workers in agencies overseen by the Dept. of Health and Human Services (HHS), now directed by vaccine conspiracist Bobby Kennedy, Jr. "The cuts include researchers, scientists, doctors, support staff and senior leaders, leaving the federal government without many of the key experts who have long guided U.S. decisions on medical research, drug approvals and other issues" at the CDC, NIH, FDA and Centers for Medicare and Medicaid Services, among others, AP reports today. A coalition of Democratic state Attorneys General are now suing to block the scheme, which they describe as unlawful, charging it will result in "serious harm to public health" and put states "at greater risk for future pandemics and the spread of otherwise preventable disease, while cutting off vital public health services."

Raising attention to madness like that was just one of the reasons that New Jersey's Democratic U.S. Senator Corey Booker determined he needed to take and hold the floor of the U.S. Senate "as long as I am physically able." As of airtime, he was on the brink of breaking the all-time, 24-hour and 18-minute record for holding the Senate floor. Shortly after airtime today, he did so, before standing down after just over 25 hours. We share some of his remarks.

THEN... We've been waiting for this federal court ruling for more than a year since its 17-day trial in January of 2024. In fact, we've been waiting for it for almost eight years, since it was first filed in 2017, challenging Georgia's use of 100% unverifiable touchscreen voting systems. The state was the first, along with Maryland, to do so statewide back in 2002.

In 2019, the judge overseeing the case, U.S. District Judge Amy Totenberg, determined the state's Diebold touchscreen voting systems were so error-prone, unverifiable and vulnerable to manipulation, that she ordered they may no longer be used. In 2020, Georgia's current Sec. of State, Brad Raffensperger, defied voting system and cybersecurity experts who advised him to move the state to a hand-marked paper ballot system. Instead, with the blessing of former SoS, now Governor Brian Kemp, he moved to a new, unverifiable touchscreen voting system made by Dominion, at a price tag of more than $100 million to taxpayers. It has since proven to have many of the same vulnerabilities as the old Diebold systems. Last year's trial revealed many of those flaws.

But last night, well over a year since the trial in an Atlanta federal courtroom concluded, Judge Totenberg finally issued her 33-page ruling [PDF], lauding the plaintiffs for their "dedication to ensuring that Georgia's elections are conducted in a transparent, safe, and reliable manner," before dismissing the case entirely due to what she described as a lack of standing by the Plaintiffs to bring the suit in the first place. "Ultimately, Plaintiffs failed to establish at trial that Georgia's continued use of the [touchscreen Ballot Marking Device] will likely cause them to suffer a legally cognizable injury," she wrote in her order's Conclusion. "The Court therefore lacks jurisdiction to consider the merits of Plaintiffs' claims."

"Although Plaintiffs have not ultimately prevailed on their legal claims, their work has identified substantial concerns about the administration, maintenance, and security of Georgia's electronic in-person voting system," Totenberg ruled. "These investigative and educational efforts have prompted meaningful legislative action to bolster the transparency and accountability of Georgia's voting systems."

We're joined today --- as we have been many times over the years to discuss this case, and its many startling revelations and news-breaking findings --- by longtime election security and transparency champion, MARILYN MARKS, Founder and Executive Director of the non-profit good government group, Coalition for Good Governance, one of the case's lead Plaintiffs. Marks seemed as gobsmacked, confused and disappointed by all of this today as we were in the hours since last night's release of the judge's order.

"We haven't really absorbed this blow yet," she tells me. "After eight years to find out, 'Oh, you had no business to be here to begin with, here in court.'" Marks did her best, nonetheless, to explain the court's ruling. "She's basically said, 'You've got the right to vote. You've got the right to cast a ballot. But you don't have the right to know who you're voting for.'" That, a reference to the unreadable QR codes printed out on each ballot by Dominion's touchscreens, supposedly containing the voter's ballot selections. That QR code cannot be read or approved for accuracy by voters, however. Instead, they are asked to verify their selections on the human-readable portion of the computer-marked paper. But those selections are not used to tabulate election results.

Marks cites a 2022 race in which voters for Michelle Long-Spears, a candidate for Georgia's DeKalb County Commission, selected the candidate's name on the touchscreen, saw it on the computer-printed ballot as their selection, but could not tell that the QR Code actually registered a vote for her opponent.

Throughout the years-long course of this case, Marks, in her role as Plaintiff, helped reveal a number of troubling matters, from the fact (as demonstrated in court) that voters at the polling place are able to hack GA's Dominion touchscreens with no more than a ballpoint pen; to expert findings that resulted in a warning about these systems issued by the U.S. Cybersecurity and Infrastructure Security Agency; to the tape-recorded confession she obtained from an Atlanta businessman who detailed his role in a scheme to unlawfully access and copy the code for the proprietary statewide voting system in Coffee County, GA, and share it over the Internet with fellow MAGAs after the 2020 election. That man, Scott Hall, was one of several criminal co-conspirators charged along with Donald Trump in Fani Willis' RICO case against him and 18 others. Hall, Sidney Powell and other Trumpers pleaded guilty. Marks was the one who first revealed the now notorious Coffee County breach during the course of the case that was dismissed last night.

"Back in her decision in the Fall of 2020," as part of this case, Marks explains today, "right before the 2020 election, [Judge Totenberg] was saying that with these [new Dominion] systems, it is a matter of when, not if, this system is going to be hacked. She talked about how it cannot be audited. She went through many, many warnings for the state, that essentially this was not a good system. She seemed to agree with us on the merits for the last eight years, but now says, 'You shouldn't have been here anyway.'"

Marks asserts that Totenberg appeared to agree with Plaintiffs on the merits throughout the case and its eventual trial, as attorneys for the State, representing Raffensperger, failed to rebut Plaintiff's many world-class voting system experts and their testimony. "I don't think I read anything where she felt that [Raffensperger] presented compelling facts. Our experts presented unrebutted facts. [The state's attorneys] really had nothing other than, 'You guys are election deniers. You don't have standing. Y'all haven't really been hurt.' There was really no rebuttal on the experts' findings."

In fact, despite claims by the State, the Plaintiffs in this case never challenged the results of any election. Rather, they presented an airtight case that the systems used in Georgia can be manipulated, violate voter secrecy rights, and can't be known to reflect the intent of any voter after an election. Those unrebutted facts, which Totenberg appears to have agreed with, were not enough to overcome her final ruling --- after nearly eight years and countless findings in favor of the Plaintiffs --- that they can't show they suffer any harm with the use of these systems.

Marks says she is still discussing the matter with attorneys, but suggested she may appeal the case to the 11th Circuit Court of Appeals which has already, in a previous ruling in this case, agreed that Plaintiffs did, in fact, have standing.

For the record, Republican state lawmakers enacted a law last year that bars the use of QR Codes on ballots by 2026. Marks, however, explains why that provision is likely to put upcoming elections at legal risk and is unlikely be effectuated, as the state Legislature has, to date, failed to appropriate the nearly $70 million the law calls for to only somewhat correct Raffensperger's Touchscreen Follies.

FINALLY... Desi Doyen joins us for our latest Green News Report, as the Trump Administration declares they will be shutting down FEMA (in this middle of this year's hurricane season!); is closing coal mine safety offices around the county; and overturning landmark fees on oil and gas drillers' climate-warming methane pollution...

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On today's BradCast: A new cybersecurity incident has emerged in Coffee County, Georgia. That's the now-notorious rural enclave in the southeastern part of the Presidential battleground state where Donald Trump allies and operatives, in January of 2021, unlawfully breached, copied and distributed the state's proprietary touchscreen voting system software after the 2020 Presidential election. Five participants in that breach were charged with felonies as part of the broad racketeering conspiracy case against Trump filed in Fulton County, GA. [Audio link to full show follows this summary.]

Before we get there today, however, some quick news on Trump's New York criminal trial, where he stands accused of 34 felonies related to hush-money payments made just before the 2016 election to porn star Stormy Daniels. She took the stand today. We cover a few quick details, but will cover that and other related news in more depth on tomorrow's mid-week Trump Trial "Ketchup" program.

Also today, we're happy to announce another very rarely-bestowed BRAD BLOG Intellectually Honest Conservative Award. This one for Georgia's Republican former Lt. Governor Geoff Duncan. The prestigious honor comes in response to his courageous op-ed in the Atlanta Journal Constitution this week, in which he endorsed Joe Biden and encouraged fellow Never Trump Republicans to do the same, noting, "Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass."

Then, it's back to Georgia, where the Coffee County Board of Commissioners released a notice [PDF] late last month that they'd been notified by the U.S. Dept. of Homeland Security (DHS) and its Cybersecurity and Infrastructure Security Agency (CISA), 11 days earlier, about "unusual cyberactivity" on the County's local IT system. The terse statement from the County confirmed indications of "cyber-activity by an unknown malicious actor(s)". It claimed that "Steps have been taken to further secure the network and protect Coffee County's IT infrastructure", while noting that it had "informed Federal Authorities of the incident". (Yes, that would seemingly be the same incident that the very same press release says Federal Authorities, DHS and CISA, notified THEM about.)

We're joined today by longtime Election Integrity and Transparency champion MARILYN MARKS of the Coalition for Good Governance (CGG). Marks was the one who first learned about Team Trump's unlawful breach of GA's statewide voting system hardware and software in Coffee County that first took place on January 7, 2021 (the day after Trump's insurrection at the U.S. Capitol.) Her revelations resulted in the charges filed by Fulton County District Attorney Fani Willis against Trump attorney Sidney Powell (who pleaded guilty) and others involved in the Coffee County break in.

As Director of CGG, Marks is also the plaintiff in civil lawsuit in federal court, filed in 2017, seeking to ban GA Sec. of State Brad Raffensperger's mandated use of the state's easily-hacked, unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots. The trial in that long-running case, known as Curling v. Raffensperger, was finally held in January of this year. As Marks explains today, plaintiffs are still waiting on a verdict from U.S. District Court Judge Amy Totenberg who oversaw the trial, which included demonstrations from plaintiffs' experts revealing that Raffensperger's systems can be hacked by any voter at the polling place with nothing more than a ballpoint pen.

Today, Marks charges that Coffee County appears to have "hid and concealed" information about the new cybersecurity incident from the Sec. of State's office "for some number of days." Though little is still known publicly about the new hack, she is troubled by the news. "This cannot just be coincidence that there have been two such cyberattacks this year on counties, one in Fulton and one in Coffee. That's it. The two counties that have a lot of information challenging Trump and his allies related to [the earlier breach in Coffee] and the theft of the [voting] software to begin with."

We also get an update from Marks on the status of the Curling case, where it is getting very late in the election year for the judge to issue a ruling that would require Georgia to make hand-marked paper ballots available to voters at the polls this November. Marks, however, remains ever hopeful, noting that the move to hand-marked ballots would require no new equipment above and beyond what is already available at each GA precinct.

Marks also discusses a new Georgia law (signed by Gov. Brian Kemp this evening) that will eventually ban the use of tabulation via QRCodes on computer-marked ballots, requiring computer scanners to tabulate from the ballots' human-readable text that is supposedly verified by voters after it is printed and before its cast. Unfortunately, as she explains, that bill, even if implemented in 2026 as mandated by the legislation, will not make the state's touchscreen Ballot Marking Devices any less vulnerable to manipulation or any more verifiable by the public after an election.

Marks, whose organization found no evidence that Biden's 2020 victory in the Peach State was decided incorrectly, is also offering testimony this week to the GA State Board of Elections, advocating that recounts in the state must be carried out by hand, rather than by the same computerized scanners that tallied ballots in the first place.

"The state law is quite clear, a recount is to be done by hand, for obvious reasons such as the machine [used to tally ballots] is coded wrong," she explains. Otherwise, she adds, you're going to get the same incorrect results "if you just run the ballot back through the machine that is miscoded."

The reason that Trump supporters are still arguing over the 2020 tally in the state, she believes, is thanks to the lack of a public hand-count after that very close election. Raffensperger insisted on a machine tally instead. "All of that could have been solved if they had done a manual recount, as the law required. Which would have allowed Trump to appoint a counter at every table, handle every single ballot. And they would have had a hard time arguing then about counterfeit ballots, wrong counts, no transparency," Marks tells me. "A lot of the problems that we've lived with now over three years would have been solved if they had just followed the law and done a manual recount."

Finally today, we close with our latest Green News Report, with Desi Doyen's coverage of relentless rain and deadly flooding in both Brazil and Houston; the hottest April ever recorded on Planet Earth; and President Biden's unveiling of billions of dollars to spur clean energy production in rural areas and the removal and replacement of toxic lead water pipes across the nation...

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The long-awaited trial over Georgia's vulnerable voting systems has finally come to a close. As reported on today's BradCast: Last month, one of the plaintiffs' experts demonstrated in court that the state's vulnerable touchscreen voting systems can be hacked in about 5 seconds by one person, with nothing more than a ballpoint pen. And the state, for its part, defended itself by demonstrating that apparently nobody --- nobody! --- is in charge of cybersecurity for the statewide computerized voting systems used by every voter at every polling place in the critical battleground state. [Audio link to full story follows below this summary.]

After a few quick news updates at the top of the show --- including on the climate change-fueled atmospheric river raining down on us out here in Southern California today --- we're joined LIVE in studio by Free Speech for People's Senior Advisor on Election Security, SUSAN GREENHALGH, on the heels of the three-week civil trial in federal court that finally wrapped up late last month.

The case, originally filed way back in 2017, is called Curling v. Raffensperger. Plaintiffs are election integrity experts (real ones, not pretend Trump ones) challenging the use of Georgia's touchscreen voting systems, hoping to force the state to move from vulnerable, unverifiable touchscreens to verifiable hand-marked paper ballots before the 2024 Presidential election. Greenhalgh has been advising plaintiffs in the case for a number of years. She was in the courtroom in Atlanta last month for much of the trial which began on January 9 and ended just over a week ago. (Daily court transcripts for each day of the trial are now posted here.)

The suit is led by the Coalition for Good Governance, a non-partisan election watchdog group headed up by frequent BradCast guest Marilyn Marks. It was during the course of pre-trial discovery that Marks discovered that Trump-lawyer Sidney Powell, and others on Team Trump, actually organized a scheme to breach the statewide voting systems in the Coffee County, GA elections office beginning on January 7th, 2021. The were given access to the systems by the local elections supervisor at the time and proceeded to copy its sensitive software before distributing it to parts unknown across the Internet. The unprecedented breach of GA's touchscreen voting systems and the central Election Management System (EMS), was never actually investigated by Sec. of State Brad Raffensperger's office. It did, however, result in criminal charges against five co-conspirators among the 18 others charged along with Donald Trump in Fulton County, GA's broad felony indictment for his failed attempt to steal the state's 2020 Presidential election.

This civil case, however --- filed in federal court long before Trump pretended to have won the 2020 election --- seeks only to end the use of the state's vulnerable Dominion touchscreen systems. During the course of the trial, the plaintiff's expert, Dr. Alex Halderman, long time cybersecurity and voting system expert from the University of Michigan, demonstrated how he could take over control of one of the voting machines with little more than a ballpoint pen, without violating any of Georgia's security protocols or so-called "tamper evident security seals." In just seconds, Halderman revealed to the court how he could achieve "Super User Access" on the machines, allowing a bad guy to insert malware or take over any other number of system functions in that administrative mode. (Halderman has made clear he has found no evidence of fraud in GA's 2020 election.)

During the course of the trial, as Greenhalgh reports today, the state's Election Director conceded he didn't even know such a hack was possible, despite a detailed report Halderman submitted in the case several years ago. The State Election Director, apparently, never bothered to read it.

The State, however, for its part, maintains their systems are completely secure, despite a mountain of expert evidence to the contrary. Sec. of State Raffensperger is responsible for mandating the use of these machines for every voter at every polling place in the state. That, after the same judge in the same case, back in 2019, banned the use of the state's 20-year old touchscreens made by Diebold. Rather than move to hand-marked paper ballots, Raffensperger ignored the advise of cybersecurity and voting system experts and replaced the old Diebold touchscreens with new ones made by Dominion, with many of the same (and additional!) security flaws as the old systems.

During the course of the trial, as Greenhalgh breaks down today, nobody from the Office of Sec. of State was willing to identify who was in charge of cybersecurity for the 35,000 voting machines used across Georgia. "There was a bit of a 'Who's On First' routine" during the trial, she explains. The State Election Director, for example, testified that cybersecurity was the job of the State's Chief Information Officer (CIO). The CIO, however, testified that wasn't part of his portfolio, pointing back at the State Election Director. Raffensperger's office finally seemed to have settled on Dominion as the ones who were in charge of cybersecurity for Dominion voting systems in GA, the same company who created the vulnerable systems in the first place. "The Fox guarding the hen-house," quipped Greenhalgh.

Nobody from Dominion testified during the trial, she explained. And Raffensperger was similarly allowed to avoid testimony after appealing the District Court's mandate to do so up to the 11th Circuit Court of Appeals, which allowed him off the hook just days before the trial finally got underway. That, as his offices refuses to apply security patches urgently recommended by the U.S. Cybersecurity and Infrastructure Agency (CISA) based on the information in Halderman's report on GA's voting systems.

During the course of the trial, the judge, says Greenhalgh, cited "inconsistent candor" of state officials. As to the Coffee County Breach, she notes, the Sec. of State's "investigator got up on the stand and, under oath, said, 'I was told to hold off and not investigate.' He was asked specifically: 'So, did you perform any investigation activities?' 'No.' 'Did anyone else?' 'No, not to my knowledge...No, there was no investigation.'"

As you can tell, there is much to discuss with Greenhalgh on today's sorta mind-blowing edition of The BradCast, after the State's Defense rested and we now await a verdict from U.S. District Court Judge Amy Totenberg. That ruling could finally come...well, whenever. No rush. The Presidential Primary in Georgia is on Super Tuesday, March 5, exactly one month from today. Is it possible a ruling could come in time to save the 2024 general election this November?

We discuss all of that and much more with Greenhalgh on today's program. Buckle up...

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This is just getting ridiculous. As detailed on today's BradCast, the long-awaited, criminal report from the Georgia Bureau of Investigation (GBI) on Team Trump's unlawful January 7, 2021 breach, copying and distribution of Georgia's statewide voting system software in rural Coffee County, appears to leave out more than it includes! [Audio link to full show follows below this summary.]

Our guest today is ANNA BOWER, Legal Fellow and Courts Correspondent at Lawfare. She recently obtained the report [PDF] and yesterday published extensive coverage under the headline, "What the GBI Missed in Coffee County: At almost 400 pages, the Georgia Bureau of Investigation report on the Coffee County caper looks impressive. It's not."

"One could be forgiven for thinking initially that the GBI's report on Coffee County is an authoritative account. It is, after all, nearly 400 pages long, and those pages summarize a voluminous body of evidence. ... But the document turns out to reflect a less vigorous investigation of the effort to unlawfully access the state's voting machines than may initially appear," Bowers reports.

In fact, she continues, "The document suggests, rather, that the GBI did not investigate the Coffee County affair fully at all. The agency relied almost entirely on the previous work of civil litigants [that would be frequent BradCast guest Marilyn Marks and her Coalition for Good Governance] and the House Select Committee to Investigate the January 6th Attack on the United States Capitol. It failed to seek interviews with key witnesses, and it omitted relevant evidence that is readily available in public documents."

And yet, GA's Republican Sec. of State Brad Raffensperger has been citing the GBI's long-running investigation as one of the reasons that his office has taken virtually no action over the past two and a half years in response to the unprecedented breach which threatens the legitimacy of next year's Presidential election in the critical battleground state. He has even ignored the U.S. Cybersecurity and Infrastructure Security Agency's warning to immediately apply security patches created by Dominion Voting Systems following the breach.

While Fulton County District Attorney Fani Willis has brought criminal charges [PDF] against five of Donald Trump's alleged co-conspirators involved in the scheme --- including Trump attorney Sidney Powell, Atlanta bail bondsman Scott Hall (both of whom have pleaded guilty), former Coffee County GOP Chair and fake elector Cathy Latham and former Coffee County Election Supervisor Misty Hampton (both of whom pleaded not guilty) --- there were dozens more involved in the plot that have yet to be brought to account by anyone.

Moreover, according to Bower, GA's Republican state Attorney General Chris Carr, who has also cited the GBI's criminal probe as explanation for a lack of state charges to date, has "been ill served" by his investigative department. Maybe, however, like Raffensperger and the State Board of Elections, he's just fine with that.

While there is almost zero new information of note in the GBI's long-awaited report, as Bower details on today's program, the state agency inexplicably leaves out enormous, well known chunks of the story --- such as the infamous Trump Oval Office meeting on December 18, 2020 when the Coffee County plot was hatched with Powell, Rudy Giuliani, Michael Flynn and others who were not interviewed in the agency's criminal probe. "In total," Bower explains, the GBI "interviewed only about 15 individuals" in their year and a half probe, "Many, if not most, of those interviews were conducted in under an hour."

"This account does not even attempt to answer certain key questions. Who devised the plan to access voting systems in Coffee County? When did the plan first arise? Who or what connected the then-president's attorneys to several locals in rural South Georgia? The report bizarrely omits readily available facts that help connect these dots."

On today's show, we attempt to connect at least some of the dots that the GBI didn't bother to, including those involving bedding impresario Mike Lindell and his still-unexplained, two-hour visit to the County in his private plane after flying from Mar-a-Lago to D.C. and back down to rural Southeast Georgia just prior to the breach; why the GBI would be seemingly be working so hard to cover up what actually happened; and why all of this is critically important to the state's (and nation's!) 2024 elections.

"For Georgians who care about elections, for Georgians who think that it's very serious that the then-President's legal team, aided by local allies in Coffee County, had a plot, a conspiracy, to copy and distribute Georgia's most sensitive voting system data, that is incredibly serious, and it warrants a serious investigation. And that just didn't happen here," Bower tells me.

"Georgia continues to use the same software and the Sec. of State's office has said there will not be an update before the 2024 elections. Election security experts have said that means that we could have increased risk in terms of vulnerability during the 2024 election. That software data that has been distributed and is still out in the wild from Coffee County [and] could be used for disinformation campaigns, because people can take the otherwise legitimate data, and make it look either edited or selectively presented. Adversaries could basically use that software to test it for vulnerabilities, and then potentially use that in the future for subverting the operation of that software through malware or other" means.

Federally, she observes, she has seen few signs that Special Counsel Jack Smith is investigating "these multi-state breaches. That, in itself, is concerning"...

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You may have noticed the nation is a bit of a tinder box right now. If the currently presumptive 2024 GOP nominee loses in Georgia again next year and just one precinct, out of thousands in the state, experiences something akin to what happened last week during elections in Northampton County, Pennsylvania... well, I don't even wanna think about the likely ramifications. Though we do discuss that today as part of our BradCast, which focuses almost exclusively on election-related lawsuits and criminal cases in the Peach State. Our guest is one of the plaintiffs in one of the most important cases you probably haven't heard about on your favorite cable news station. [Audio link to full show follows this summary.]

The long-awaited Curling v. Raffensperger voting system trial is finally set to begin in Atlanta in January, just after the start of the new Presidential election year in the critical battleground state Originally filed in 2017, the long-running federal lawsuit has already been extraordinarily consequential.

Among other things, it resulted in the 2019 banning of Georgia's then nearly 20-year old, unverifiable, insecure touchscreen voting systems made by Diebold after the judge still overseeing the case, U.S. District Court Judge Amy Totenberg, found the systems so deficient that their use was determined to be in violation of the U.S. Constitution.

In response, and ignoring the advice of voting system and cybersecurity experts, GA's Sec. of State Brad Raffensperger replaced the Diebold systems with newer, similarly unverifiable and insecure touchscreen voting systems made by Dominion. The plaintiffs challenged the use of those systems on similar Constitutional grounds, hoping to see the state move to verifiable hand-marked paper ballots at all polling places, where voters are now forced to vote on the unverifiable touchscreen systems. Raffensperger has refused.

As AP noted last weekend, the case also "spawned a landmark expert report that identified vulnerabilities in the election system used in Georgia that led [the US Dept. of Homeland Security's Cybersecurity and Infrastructure Security Agency (or CISA)] to issue an advisory" to all jurisdictions around the nation that use the same equipment, recommending they immediately apply security patches produced by Dominion to mitigate at least some of the systems' known insecurities. Raffensperger stunned the federal court in Atlanta earlier this year when his office announced they do not plan to apply the recommended security patches until after the 2024 Presidential election in the highly contested swing-state.

Perhaps most famously (or infamously?) the Curling case also resulted in the revelation of the January 7, 2021 statewide voting system software breach in Coffee County, GA. That led to the criminal indictment of Sidney Powell and four others, with Donald Trump, in Fulton County D.A. Fani Willis' sprawling racketeering conspiracy case against the former President and 18 alleged co-conspirators. The revelation of the unprecedented Coffee County breach, copying and Internet distribution of Dominion's sensitive software occurred when Atlanta bail bondsman, Scott Hall (who, along with Powell, has since pleaded guilty in the indictment), called and essentially confessed the entire plot to one of the plaintiffs in the 'Curling' case, who was smart enough to record the phone call. That call was originally aired by The BradCast in May of 2022.

That plaintiff, MARILYN MARKS, longtime, indefatigable election integrity champion and Executive Director of the non-profit good government group, Coalition for Good Governance, is once again our guest on today's program, as she and her team prepare for trial against Raffensperger and GA, now set by Judge Totenberg to begin on January 9th.

Late last week, Totenberg released a 135-page Opinion and Order [PDF], denying the State's attempt to dismiss the case and setting a trial date. For clarity, she took pains to note: "the record evidence does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation's leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs' case in the long course of this litigation."

In the Order's conclusion, the federal judge emphasized: "The importance of the security, reliability, and functionality of state election systems, classified by the U.S. Homeland Security Department as critical national infrastructure, cannot be overstated in a world where cybersecurity challenges have exponentially increased in the last decade. The dynamics of how a breach in one part of a cyber system may potentially carry cybersecurity reverberations for the entire system for years to come exemplifies the important concerns raised in this case."

But, Totenberg also writes in her ruling that she is unable to order the use of a new voting system for the State, asserting that only the Legislature may do that. Thus, she urges the parties to find a compromise resolution. Nonetheless, as Marks explains today, this same judge, who will oversee a bench trial without a jury, found the old Diebold systems so dangerously deficient nearly five years ago, that she not only found them unconstitutional, she barred their use in any further Georgia elections.

"We've never asked for her to order hand-marked paper ballots," Marks clarifies today. "That ultimately just becomes the default, because state law already says that if the electronic system is not working, hand-marked paper ballots is what you go to. That's what the law says." She notes that Judge Totenberg "has the power to enjoin unconstitutional behavior, and that's what we are asking her to do."

"No amount of software patching is going to fix this Constitutional problem. No amount of so-called auditing. You can't do a real audit with those machine-printed ballots," argues Marks. After an election, only hand-marked paper ballots can be known to have been verified by the voter. Studies have found that voters didn't notice more than 93% of the time when a touchscreen voting system flipped their vote on a computer-printed paper ballot summary.

Last week, in Northampton, PA's elections, similar touchscreen Ballot Marking Devices to those used all across GA were showing voter selections one way on the screen in two different contests, in some cases, but printing the opposite on the paper that gets tallied. Imagine if that occurred in even one precinct next year in GA with Trump on the ballot. That is among the nightmare scenarios Marks is hoping to side-step by forcing the state to finally dump their insane --- and insanely expensive --- statewide system.

She says the solution is simple and inexpensive and can be done immediately. Emergency hand-markable paper ballots are already required at every precinct in the state. Just print more of them, and use the existing scanners in each polling location to tally them. "70% of Americans vote this way. This is not hard," Marks asserts. "Of course, the State pretends that it would take rocket science to make this happen."

There is, to say the least, much at stake in this upcoming trial, even as it is not receiving nearly the amount of attention of the other election-related case underway in GA right now, the Fulton County criminal case against Trump and his co-defendants. On that, we have some news as well on today's program, including...

• An attorney for defendant Misty Hampton, the former Coffee County Elections Director, claims he is the one who leaked video proffers of Powell, Hall, and Trump attorneys Ken Chesebro and Jenna Ellis to the media. But is he really?
• Willis is seeking the jailing of co-defendant Harrison Floyd for attempted witness intimidation. He is among those indicted in the conspiracy for threatening Atlanta election workers Ruby Freeman and her daughter Shaye Moss over false claims that they carried out ballot fraud in 2020.
• And Freeman and Moss are now seeking between $15 and $43 million from former NYC Mayor and Fulton County co-defendant Rudy Giuliani in their civil defamation trial against him in federal court. The Judge in that case has already found Giuliani liable. The D.C. trial set to begin in December against him will now determine how much he'll have to pay to the two women.

Finally, Desi Doyen joins us for our last Green News Report before our Thanksgiving break! We will be off --- from both The BradCast and GNR next week. So we send our best and thanks to everyone! We will return after the holiday...

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(Additional reporting by Brad Friedman.)

All parties to the litigation received U.S. District Court Judge Amy Totenberg's 135-page order [PDF] on Friday, in response to Georgia's Motion for Summary Judgement in the Coalition for Good Governance (CGG)'s years-long Constitutional challenge to the state's insecure, unverifiable touchscreen voting systems.

CGG will be going to trial as she denied the State's motion to dismiss our core claims regarding the critical battleground state's Ballot Marking Device (BMD) touchscreens. Trial is set to begin on January 9.

The Court described the inherent security flaws in Georgia's touchscreen voting system as well as the State's lack of response to the statewide system breaches emanating from the Coffee County breach activities we unearthed last year. That matter has now become infamous through Fulton County District Attorney Fani Willis' racketeering indictment against Donald Trump and 18 co-defendants, four of whom she charged for their involvement in the unprecedented copying and distribution of the state's voting system software after breaching the machines at the elections office in the rural, southeastern Georgia county. Two of the alleged co-conspirators specifically involved in the Coffee County plot, Trump attorney Sidney Powell and Atlanta bail bondsman Scott Hall, have pleaded guilty in the matter.

The Court noted the misleading and conflicting claims by the defendant in our case, Secretary of State Brad Raffensperger, regarding the Coffee breaches (see p. 66 of the ruling) and his delayed and ineffective response. The Order notes how the breaches have grave implications for the security of future elections. Nonetheless, the Secretary and State Election Board have continued to bury their heads in the sand, not wanting to second guess the Secretary's 2019 purchase of the highly flawed system that experts have concluded is less secure than the old paperless Diebold touchscreen system Judge Totenberg ordered to be replaced in 2019....

Despite newly revealed cybersecurity flaws in Georgia's statewide touchscreen voting systems; a weeks-long breach by right-wing operatives of the sensitive voting and tabulation software used across the state; and a growing clamor by both the public and state officials for decisive action to try to plug some of these vulnerabilities before next year's Presidential election, all evidence obtained by The BRAD BLOG to date suggests Georgia's Secretary of State has little interest in taking any action at all. At least not before next year's critical contests in the battleground state.

Even if Republican Secretary of State Brad Raffensperger did want to take action, we have learned, he has yet to even begin necessary steps toward state certification of Dominion Voting Systems' newly created software said to remedy some of the recently disclosed cybersecurity flaws. Moreover, well-informed critics argue any software upgrades to the state's touchscreen Ballot Marking Devices (BMDs) would still result in violations of fundamental legal requirements for the state's voting systems.

The path toward nailing down what Raffensperger's office is or isn't doing; what they may or may not do under state law; and what they are or aren't telling the public about all of it has been an odyssey over the past days, amid misleading discussion with a representative of the Secretary's office, contrary information from an official at one of the country's few certified independent voting system test labs, and a curious admission by a representative for Dominion, the state's election system vendor.

The only thing fully clear as of now: Despite calls from cybersecurity and elections experts to mend Georgia's insecure, unverifiable voting systems before next year's Presidential contest, the state insists they will not be upgrading the Dominion voting software until 2025. What has become clearer to us in recent days is that the Secretary of State cannot upgrade the systems legally, at this point, even if he wanted to --- which, evidently, he does not...

Yup. We're heading back to the critical battleground state of Georgia again on today's BradCast, as their ridiculous Sec. of State gets ridiculouser in his indefensible defenses of his ridiculously vulnerable, brand-new touchscreen voting systems which he is still refusing to upgrade, despite warnings from the federal government and increasing urging from voting system and cybersecurity experts. [Audio link to full show follows this summary.]

BUT FIRST, a few more quick words on yesterday's landmark U.S. Supreme Court opinion [PDF] in Moore v. Harper, in which Chief Justice John Roberts and two Trump-appointed Justices joined with the Court's three liberals to put the kibosh, hopefully once and for all, on the bonkers, so-called Independent State Legislature theory pushed by far-rightwingers. Had SCOTUS given a majority blessing to the fringe Constitutional theory giving complete, unreviewable say over all federal election laws to State Legislatures, it would have wreaked indescribable havoc on some 250 years of election laws across all 50 states. It would also have given authority to those State Legislatures to overturn Presidential elections by selecting slates of electors not chosen by state voters!

As one of the nation's most conservative and respected former federal judges, Michael Luttig, tweeted today: "It would be impossible to overstate the [enormousness] of yesterday's seminal decision in Moore v. Harper. Not only is it now the single most important constitutional case for American Democracy since the Nation's Founding almost 250 years ago. ... It is also now one of the most important constitutional cases for representative government in America. ... Today, it takes its deserved place in the pantheon of great Supreme Court cases that give meaning to the Constitution's genius of a separation of powers --- among the national Legislature, Executive, and Judiciary, and also between the national government and the governments of the respective 50 states of the United States."

But there were three Justices who voted in the minority in that case. As it turns out, all three of them were recently highlighted by investigate journalists for their, shall we say, dubious ethics practices. Clarence Thomas (see here, here, here and here), Neil Gorsuch (see here), and Sam Alito (see here).

In addition to Alito's undisclosed, luxury fishing trip to Alaska on the private jet (and dime) of GOP megadonor and vulture capitalist billionaire Paul Singer, as revealed by ProPublica last week, this week The Intercept offers a new story shedding some fresh light on Alito's years of climate change-denialism and his Court decisions on behalf of the oil and gas industry.

NEXT UP, it's back to Georgia, where Republican Sec. of State Brad Raffensperger is reportedly giving testimony in Atlanta today to prosecutors working on Special Counsel Jack Smith's probe of the January 6, 2021 insurrection and the other myriad ways in which Team Trump attempted to steal the 2020 Presidential Election. (One of those ways included Donald Trump's now-infamous phone call to Raffensperger, attempting to strongarm him to "find" the 11,780 votes he would have needed to flip the state's results from the winner, Joe Biden.)

But where Raffy has been seen as a hero by some for refusing to roll over to Trump after the 2020 election, we have explained for years that he is anything but. Now, he's under fire for the massive vulnerabilities discovered by cybersecurity and voting system experts in his new, $150 million Dominion touchscreen voting systems, and for his refusal, as first reported by The BRAD BLOG in mid-May, to install Dominion's security patches to them before the 2024 Presidential election. That, despite urgent warnings from the U.S. Cybersecurity and Infrastructure Security Agency (CISA) and many longtime election experts and computer scientists.

Now, Raffensperger's office is going on the offensive, attacking those experts as "paranoiacs and conspiracists", attempting to conflate them with the rightwing, Sidney Powell-organized MAGA loons who tried to steal the election in 2020 and breached the state's voting systems in Coffee County, GA on January 7th, 2021, the day after the Trump-insighted insurrection in D.C.

"The paranoiacs and conspiracists of the world have their beliefs reinforced when they read reports of theoretical 'vulnerabilities' that fail to mention the real-world security measures already in place," sniped Mike Hassinger, a spokesperson for the Secretary of State's office, to Politico last week. "If the PhDs don’t like being put in the same category as the Pillow salesman, tough noogies," he actually said. "They should stop saying similar things."

We're joined today by one of those paranoiac conspiracist PhD's on today's program. Our guest is DR. PHILIP STARK, Professor at University of California, Berkeley; inventor of the post-election Risk-Limiting Audit protocol; Advisory Board member at the U.S. Elections Assistance Commission (EAC) and advisor to plaintiffs in the long-running Curling v. Raffensperger lawsuit in Georgia seeking to replace the state's new vulnerable and unverifiable touchscreen voting systems with verifiable hand-marked paper ballots. (The same plaintiffs in the same federal lawsuit were able to win an order from the judge in 2019 that banned the state's previous touchscreen systems made by Diebold after they were found to be so vulnerable and unverifiable as to be unconstitutional.)

Stark has a few choice words of his own in response to both the obnoxious and un-scientific remarks from the Sec. of State's office as well as Dominion, both of whom have been blasting the damning Halderman Report, as created on behalf of plaintiffs in Curling and finding at least nine alarming vulnerabilities confirmed by CISA in the Dominion systems. Both the State and private voting system vendor claim that the Univ. of MI's Dr. Alex Halderman failed to take into account, in his report, the physical protections of the state's 70,000 vote system devices. They believe that will adequately protect next year's Presidential election in the battleground state. In doing so, they seem to be pretending that the Coffee County breach by Team Trump in 2021 didn't already run roughshod over the state's voting systems, including by copying and distributing its sensitive, proprietary software over the Internet.

"If [Raffensperger's] spokesperson can't tell the difference between what we're saying and what the [MAGA] group is saying, then they are not competent to do their job," charges Stark.

"There is a world of difference between 'This system is Swiss cheese from a perspective of security, it's really vulnerable and you need to harden it,' and 'The election was rigged and the wrong person was announced to have won.' That's just not the same claim at all. Secondly, the idea that we should stop pointing out vulnerabilities and trying to improve the trustworthiness of voting systems because someone might twist our words --- the argument seems to be 'You should lie to people in order to increase their trust in you' --- that seems to be perverse. What we want is justified public trust in the outcome of elections."

He summarizes some of the most noteworthy concerns from the Halderman Report --- detailing the ease by which malware can be implanted into the system by a single voter via any one of the state's 35,000 touchscreen voting machines or by one person at the County level who can infect every machine in the jurisdiction --- before explaining how inadequate and naive the Secretary's responses have been.

Both Raff's office and Dominion cite a competing study to Halderman's commissioned by Dominion from a group named MITRE. Their unsigned report was created without access to the Dominion machines, unlike Halderman's report, and offers the misleading claim that physical security of the voting systems is likely adequate to prevent exploitation of the vulnerabilities meticulously documented by Halderman. Stark is among nearly 30 election experts now calling on MITRE to retract their report on that basis and others.

"First of all, they're just wrong," Stark charges, wondering what their instructions may have been from Dominion. "I conjecture that they were told to assume that those [physical] protections were in place. I doubt that they did any independent research to determine whether in fact there were effective protections in place."

"I liken this to saying it's completely fine to drive a car on bald tires, as long as you have a policy of only driving straight on dry pavement and never turning sharply, or applying the brakes. Except that's not how it actually works in practice. And here, it's very, very clear that the assumption that there is rigorous physical security around these devices is just not true."

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At first glance, a closed-door executive session of the Board of Elections at the Coffee County Courthouse in the battleground state of Georgia appeared to involve nothing more than discussion of that day's resignation letters from then-Election Supervisor Misty Hampton and her assistant over their purported cheating on timesheets.

But the previously undisclosed, simultaneous presence of an unacknowledged quorum of County Commissioners at that executive session --- a secret meeting during a secret meeting, a game-changer confirmed by The BRAD BLOG --- combined with curious doth protest too much efforts the County is still using to defend its secrets about the supposedly humdrum assembly, indicate the February 25, 2021 meetings (now known as meetings plural) and surrounding events were the nexus of a much broader statewide, perhaps even nationwide, cover-up.

That night, the very same reputedly run-of-the-mill Thursday in February when the elections board gathered at the Courthouse, MyPillow founder and close Trump associate Mike Lindell --- a chief Stop the Steal bankroller --- landed his private jet in the county's tiny seat of Douglas, population 11,685. A few hours earlier, flight records show, he landed in D.C. A few hours before that, his plane took off from a runway not 15 miles from the private Mar-a-Lago club belonging to a certain twice-impeached Florida Man named Donald J. Trump. Why did Lindell fly so circuitously from the Palm Beach area to the nation's capital and then back down south to rural Coffee County, of all places?

And why did he want to speak with Misty Hampton, Coffee's resigning Election Supervisor? Evidence yielded from a years-long lawsuit by actual election experts challenging Georgia's Dominion voting system has revealed that the far-right bedding baron's lawyer, Kurt Olsen, tried to get ahold of Hampton the previous evening to talk, as word spread that she'd be dismissed the next day. Why would he want to do that?

Over the January prior to the unexplained meeting(s) --- in fact, beginning just the day after armed and violent Trump supporters assailed the U.S. Capitol in hopes of preventing Joe Biden's 2020 election victory --- a motley mix of mostly MAGA operatives illicitly entered the Coffee County elections building on multiple occasions. The breach was funded and organized by Trump attorney Sidney Powell, that prolific and since-sanctioned filer of failed lawsuits seeking to steal Biden's 2020 win.

One client of the breach-funding Powell, it turns out, was "fake elector" Cathy Latham, the former Coffee County GOP chair. Latham was found to have helped facilitate --- and to have lied about her presence during --- the breach at the elections office, where the invited intruders copied Dominion's proprietary software that is still to be used in the 2024 Presidential election in Georgia and numerous jurisdictions beyond.

Hampton, as director of elections for the Republican-leaning county, welcomed the Powell-paid team into the local elections office to have at the voting equipment, tabulators and sensitive election management systems.

With statewide voting systems gravely compromised by the ensuing breach --- Georgia Secretary of State Brad Raffensperger forces every county to use the same touchscreens, also employed in more than a dozen states nationwide --- and with traces of top Trumpers everywhere, the scandal is, as the county seat's Mayor Pro Tem recently put it, "only getting bigger."

Indeed, Atlanta-based District Attorney Fani Willis is reportedly investigating the Coffee County breach, along with Team Trump's multistate plot to gain access to and copy data from voting systems in other states as well. The scheme, as we have since learned, was hatched during a notorious December 2020 meeting in the Oval Office with Trump present. That fact came to light in testimony to the U.S. House subcommittee that investigated January 6th.

Frustrated, fighting back tears, Douglas Mayor Pro Tem Olivia Pearson, a lifelong Coffee resident and voting rights activist in the majority black seat of the majority white county, said at a recent gathering as the reality of the breach finally began galvanizing local residents, "We have got to make it right. We can't keep covering it up!"

Starting in earnest last month, local residents have increasingly attended the Board of Elections' open meetings, only to be told, more than once, by its unapologetic Chairman Wendell Stone --- who some locals are said to describe as "Chairman Stone(wall)" --- to stop asking questions.

Of course, that makes us want to ask many more questions about what really happened among the cows and cornstalks in the rural Peach State county. Such as: Why did Hampton and her assistant who helped facilitate the unlawful Trump/Powell/MAGA breach to illicitly copy and distribute Coffee County's sensitive voting system software actually tender their resignations on February 25, 2021?; Did local and state officials know about the breach and attempt to cover it up with secret meetings? What on Earth was Mike Lindell doing there for several hours that night?; And why has the office of Republican Secretary of State Brad Raffensperger, heralded by some as a 'moderate Republican' hero for not helping Trump steal the state's election in 2020, denied the severity of the breach and lied by both omission and commission to aid in covering it all up?

And, yes, all of this matters at the national level --- not only to the Coffee residents, who have lately found themselves in a fight they never asked for over their beloved county's soul...

We have been reporting for at least two years now on the analysis by the plaintiffs' expert in a Georgia voting system lawsuit said to reveal vulnerabilities so alarming that the U.S. District Court judge overseeing the federal case actually sealed the report, even from the plaintiffs themselves! On today's BradCast, that report is finally unsealed. [Audio link to full show follows below this summary.]

But, first up, just a quick reminder of what some folks on the right seem willing to do to try and game elections anyway they can possibly think of, even if it involves the Republican candidate for Secretary of State in Michigan using nonsense claims to sue to prevent voters in the state's largest city (Detroit) from being allowed to vote by mail. That's what Trump-endorsed SoS candidate Kristina Karamo did last year, before losing to the incumbent Sec. of State Jocelyn Benson by nearly 15 points. After losing, the conspiracy theorist Karamo "failed up" to be elected as GOP state chair. And, this week, she and several top state Republican lawyers and candidates were sanctioned for more than $58,000 for their wildly frivolous attempt to use the state courts to steal the 2022 election.

Meanwhile, some of us actual election integrity advocates continue to fight for actual election integrity that doesn't prevent any legal voter from casting a vote, and that attempts to make sure that all of those votes are known to have been counted as per every voter's intent.

Which brings us back to Georgia once again today, and the lawsuit that we have been covering for years now. In 2019 it resulted in a federal judge banning the state's 20-year old Diebold touchscreens after finding them to be (as we'd long argued), insecure and unverifiable. Shamefully, the state's Republican Sec. of State Brad Raffensperger defied the no-uncertain-terms advice from the nation's top voting system and cybersecurity experts and replaced them with new unverifiable touchscreen systems in 2020, rather than a simple, inexpensive, verifiable hand-marked paper ballot systems. Instead, Raffensperger purchased a $150 million touchscreen system made by Dominion with many of the very same vulnerabilities as the state's old Diebold touchscreens.

Frequent BradCast guest, Marilyn Marks of Coalition for Good Governance, a plaintiff in the case that succeeded in banning the old Diebold systems, expanded the suit to challenge Raffensperger's new Dominion systems, seeking to ban them as well (other than for disabled voters who wish to use them) in favor of hand-marked paper ballots. The expert for plaintiffs in the so-called Curling case, Dr. J. Alex Halderman of the University of Michigan, was then allowed to examine the new Dominion touchscreen Ballot Marking Device (BMD) systems. His report, however, finding multiple vulnerabilities was said to be so damning that it was sealed by U.S. District Judge Amy Totenberg and kept from both plaintiffs and the public for the past two years.

The U.S. Cybersecurity and Infrastructure Security Agency (CISA) --- which oversees the nation's critical infrastructure, including computerized voting and tabulation systems --- was allowed to review Halderman's sealed report last year. They were so alarmed they issued an advisory citing “vulnerabilities...that should be mitigated as soon as possible.” And yet, as we reported exclusively on The BradCast last month, even though Dominion has now completed and certified the necessary upgrades, Raffensperger's office has told Judge Totenberg that they plan to wait until 2025 --- after the critical 2024 Presidential election in the battleground state --- to install the security enhancements on the state's 35,000 voting machines and more than 35,000 printers, scanners, and election management computers that support them.

All of that is made even more alarming by the fact that the day after the January 6th 2021 insurrection at the U.S. Capitol --- as we have also been reporting on in detail over the past year --- a group of MAGA folks, organized by Trump attorney Sidney Powell, were allowed by members of Georgia's Republican Party and the Coffee County Board of Elections to breach the Dominion voting systems in the small rural county to make unlawful copies of the system software before distributing it over the Internet. It was part of a multi-state scheme that we now know to have been hatched in Trump's Oval Office in December of 2020. The matter is believed to be under investigation as part of the broad conspiracy probe by Fulton County D.A. Fani Willis into Trump's efforts to steal the state's election in 2020. But, in the meantime, the Coffee County breach has allowed these lawless rightwingers to find and potentially plan to exploit all of the vulnerabilities that Halderman discovered and lawfully documented two years ago.

These same flawed Dominion systems are also now used in more than a dozen states, though only Georgia mandates that every county use the same system and requires that every voter at every polling place cast their vote on one of these terrible, unverifiable touchscreens.

Which brings us to today's very big news. The U.S. District Judge overseeing the Curling case has finally allowed Halderman's report to be unsealed! It is now posted here along with a simplified, summarized analysis of his own report that he has now published here. The Coalition for Good Governance's press release and additional context on the unsealing is here. (They all take care to note that Halderman's report neither alleges nor supports any claims of election fraud in the 2020 election.)

Among just some of the report's disturbing findings, according to Halderman today: "We discovered vulnerabilities in nearly every part of the system ... The most critical problem we found is [a] vulnerability that can be exploited to spread malware from a county's central election management system to every BMD [touchscreen Ballot Marking Device] in the jurisdiction. This makes it possible to attack the BMDs at scale, over a wide area, without needing physical access to any of them."

He adds, "Our report explains how attackers could exploit the flaws we found to change votes or potentially even affect election outcomes in Georgia."

One vulnerability allows an attacker to simply place a USB drive into a slot to install malicious code that could modify the election definition file to change election results. Another allows voters to print as many ballots as they like. Another allows malware to change both QRCodes printed on the ballots, which are used by the system to tally votes, and to even change the text of the printed ballots themselves.

We're joined today to discuss all of this by longtime cybersecurity and voting system expert RICHARD DEMILLO, professor at the Georgia Institute of Technology, where he recently founded Georgia Tech's new School of Cybersecurity and Privacy. He formerly served as Chief Technology Officer at Hewlett-Packard, in a leadership position at the National Science Foundation, and on the board of the Verified Voting Foundation. He has also advised plaintiffs in the Curling case.

"What we learned," from Halderman's report, he tells me today, "is that these voting machines are approximately like every other computer that we have in our daily lives. They don't work all the time, they're subject to being hacked, they get misconfigured easily, they get lost, they get stolen, sometimes people use them for illegal activities. And all the assurances that we have from voting machine companies and Secretaries of State --- about how well these machines are curated, vetted and tested --- is what experts have known all along as just a bunch of crap."

"The level of naivete, I think, involved in managing this technology is mind-boggling," DeMillo argues, citing Raffensperger's resistance to hardening the systems --- or, better yet, moving to hand-marked paper ballots --- "as a personal affront to his abilities."

"The headline here is that the things that you worry about --- and, kind of embarrassingly, the things that the election deniers are setting their hair on fire about --- is pretty close to what the vulnerability is. With modest capabilities, someone who had resources could attack, in the case of Georgia on a statewide basis, and install malware that could change votes."

"The Sec. of State's office in Georgia is tied emotionally to this idea of Ballot Marking Devices," says DeMillo. "You would think that saner minds would prevail and they would step back and say 'Why don't we move to a technology that is safer? We know how to manage the risk that is hand-marked paper ballots.' Which, by the way, 70% of Americans use to cast their votes anyway."

So, will unsealing Halderman's report make the system more vulnerable or less so? That, and much more, is part of today's must-listen conversation with DeMillo...

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It's been quite the GOP crime wave this week on The BradCast. But today, in addition to that we've got some disturbing --- if not entirely unrelated --- kinda mind-blowing exclusive news out of a federal courtroom in the great state of Georgia. [Audio link to full show follows at the bottom of this summary.]

After quickly covering today's news on the 13-count federal indictment [PDF] filed in New York against Rep. George Santos (R-NY) for charges including wire fraud, money laundering, theft of public funds and making false statements to Congress, it's back to Georgia.

We have, for years now, been covering the long-running federal lawsuit challenging the use of the state's expensive, unverifiable, and --- according to one of the nation's top experts --- wildly vulnerable and insecure touchscreen voting systems.

The touchscreen Ballot Marking Device (BMD) systems made by Dominion Voting, currently in use in Georgia, were selected for use in 2020 by Republican Sec. of State Brad Raffensperger. He did so against the strong recommendations of cybersecurity and voting system experts following a ruling by a federal judge, in 2019, barring the further use of the state's previous touchscreen voting systems made by Diebold. U.S. District Court Judge Amy Totenberg found the previous systems to be unverifiable, insecure and, thus, unconstitutional. Unfortunately, instead of moving to a hand-marked paper ballot system at the time, as strongly recommended by experts, Raffensperger chose new touchscreen systems that had many of the same problems as the old ones.

The plaintiffs in the original federal case, Curling v. Raffensperger, quickly moved to bar the Dominion systems from being forced on every voter at every polling place in the state, as Raffensperger demanded. That suit continues. As part of it, Dr. Alex Halderman of the University of Michigan, an expert for the plaintiffs, was allowed to examine the Dominion touchscreen systems and found vulnerabilities so serious that Judge Totenberg sealed his complete findings, even from the plaintiffs! The U.S. Cybersecurity and Infrastructure Security Agency (CISA), however, was allowed to review Halderman's sealed report and made a list of critical software and physical security recommendations for the continued use of those systems in the battleground state.

Now, according to the transcript [PDF] from a hearing in Judge Totenberg's court last week in the Curling case, an attorney for the Sec. of State's office explained that while Dominion has completed CISA's recommended upgrades to the software and has had them certified for use by the U.S. Elections Assistance Commission (EAC) in late March, the state will not be installing those software upgrades until after the 2024 Presidential election.

As explained to the judge by the State's attorney Bryan Tyson, after spending hours "with the technical staff in the Secretary's office" and "hearing from folks with Dominion", it was determined that upgrades to the state's 35,000 touchscreen voting machines would be delayed until 2025.

"No jurisdiction has yet installed that upgrade...It has not been used in any election yet," Tyson told Judge Totenberg. "The upgrade process is a very intensive multistep process that involves multiple pieces of media, multiple components, and it involves touching every piece of the election system."

He explained that "every ballot-marking device has to have three different pieces of media installed on it to complete the upgrade. Every precinct scanner has to be upgraded. Every central count scanner has to be upgraded. And every election management server also has to either be replaced or upgraded. So, the implementation process for doing that is very involved."

According to our guest today, MARILYN MARKS of the Coalition for Good Governance, one of the plaintiffs in the Curling case, plaintiffs were stunned by the news. "You could hear gasps in the courtroom," she tells us today. "2025?! Immediately everyone thought, 'Presidential election, Georgia swing state.' We will have no way of knowing who won. And let's don't forget how much of a tinderbox Georgia was after the 2020 election. I believe it was a key part of the tinderbox that led to the insurrection. We're asking for it again."

There is, obviously, a lot to discuss on this matter with Marks today, including the most obvious point that, had Raffensperger listened to the experts and gone with hand-marked paper ballots, upgrading just one scanner per precinct for security reasons would have been a hell of a lot easier, faster, and cheaper, than upgrading every single voting machine --- 35,000 of them --- across the state.

"And we're not even beginning to talk about all of the warranty costs, maintenance costs, and printer costs and all that this system involves, when we're talking about just being a substitute for a ball-point pen," laments Marks. In addition to the time the State claims it will now take, she estimates the cost for upgrading the otherwise brand-new, $150 million system just purchased for first-time use in 2020 is likely to be in the tens of millions of dollars. "I don't think that $50 million and upwards is going to surprise anyone."

So, there is much more to discuss about all of this with Marks. Please tune in for the full conversation. But there was one more stunning bit of related breaking news from Marks today...

Why isn't the FBI or DoJ investigating the broad, multi-state conspiracy, carried out by Trump supporters after the 2020 election, to breach sensitive voting and tabulation systems? Especially with the 2024 elections now coming into view? Disturbing new evidence of the DoJ and FBI's LACK of action on today's BradCast!

But, first up, a few quick words on the federal takeover of several failed banks late last week and into the weekend (after the Trump Administration rolled back regulations enacted after the 2008 banking crisis to help prevent such failures), and then on Biden's decision to allow a controversial new oil project on federal lands in Alaska, while otherwise ordering the federal protection millions of acres in Alaska and the Arctic from similar future drilling projects.

Next, a few quick words on former Vice President Mike Pence's weekend comments at the Gridiron Dinner in D.C., characterized by many in the corporate media as his "toughest words yet" against Trump's incitement of insurrection on January 6, 2021.

While Pence was, in fact, heroic that day in refusing to leave the Capitol while it was under siege by Trump supporters, until the Electoral College vote was officially certified, the former Veep's recent legal challenge to a Subpoena to testify before the Grand Jury in Special Counsel Jack Smith's probe of the deadly 1/6 probe is unconscionable.

Among Pence's reported comments at the no-cameras-allowed Gridiron Dinner on Saturday: "History will hold Donald Trump accountable." (No, sir. It's not history's job, it's law enforcement's! And, as a witness to a crime, it's your responsibility to help them!) Also, he repeatedly praised media and said, "I expect members of the fourth estate to continue to do their job" in covering the tragic, shameful events of that day. But, guess what? While it's the media's job to report on what happened, if witnesses don't tell law enforcement what they know, then those who should be held accountable will not be.

Then, speaking of people not being held accountable, why hasn't the FBI begun a probe of the multi-state effort, headed up by Trump's then-attorney Sidney Powell, to unlawfully and surreptitiously make copies of voting and tabulation system software in at least four states after the 2020 election? We now know that this happened in Coffee County, Georgia, Mesa County, Colorado, several townships in Michigan, and at least one county in Pennsylvania. We also have evidence that the conspirators planned to breach the election system in Nevada as well.

America's computerized election systems were officially designated as "critical federal infrastructure" during the Obama Administration. Shouldn't evidence of a multi-state conspiracy to unlawfully make copies and release that proprietary software publicly be a crime worth probing by the FBI? Especially before 2024?

SUSAN GREENHALGH, a longtime election integrity and transparency expert and Senior Advisor on Election Security at Free Speech For People thinks so. She and 14 other cybersecurity and voting system experts wrote a letter [PDF] last December to Attorney General Merrick Garland, Special Counsel Jack Smith, FBI Director Chris Wray and Cybersecurity & Infrastructure Security Agency (CISA) Director Jen Easterly, seeking a federal probe, given the overwhelming evidence of this MAGA conspiracy and the recent evidence that they are using the stolen software and knowledge gained from it for potentially nefarious means.

"The people that got the software seem to be interested in further disrupting elections," Greenhalgh tells me today. "They already tried once to disrupt an election and impact the results in 2020 and we see that this is continuing. The software that was taken unlawfully in Coffee County, Georgia, showed up at CPAC [the Conservative Political Action Conference] CPAC last week, in a presentation by a bunch of conspiracy theorists making a lot of unfounded and really disturbing false claims about elections in it."

"We can see the software already being used for disinformation campaigns," she continues, "but it could actually be used for much worse, like to reverse engineer it and create malware to impact and potentially corrupt an election."

As the Los Angeles Times reported last week, Greenhalgh has now heard back from the head of the FBI's Public Corruption and Civil Rights Section, in a polite, if terse, four-paragraph letter [PDF] that seems to not only suggest that the FBI is not investigating the matter, but to do so they would have to receive a request from local or state officials.

That doesn't make much sense. This is a federal issue, if only because it appears to be conspiracy stretching across multiple states. Moreover, as Greenhalgh explains, such requests have been made, for example, by the State Board of Elections in Georgia.

So, what is going on here? Is the matter being probed by the feds, but the FBI is suggesting otherwise (since they may not wish to comment on ongoing investigations)? Is it not being probed at all, for some reason? If so, why not? And, why does all of this matter? Greenhalgh answers those questions and many others on today's BradCast!

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While Special Counsel Jack Smith is said to be investigating the Trump-incited January 6 insurrection at the U.S. Capitol and the his fake electors plot to try and steal the 2020 election, among other things, there is a still-ongoing, post-2020, multi-state plot, coordinated by Trump's top MAGA lieutenants that the Feds don't yet seem to be probing. Our guest on today's BradCast is trying to change that. [Audio link to full show follows this summary.]

For the better part of this past year, we've have been closely reporting on the bizarre plot uncovered by frequent guest and longtime election integrity expert Marilyn Marks during the lawsuit filed by her group, Coalition for Good Governance, seeking to replace Georgia's 100% unverifiable touchscreen voting systems with hand-marked paper ballots.

Marks recorded a phone call she received last year from an Atlanta businessman who, essentially, confessed to a scheme that has since been revealed to have been overseen and paid for by disgraced Trump attorney Sidney Powell. It involved the Board of Elections and local Republican Party officials in right-leaning Coffee County, Georgia allowing a team of computer wonks to make copies of the County's proprietary voting and tabulation software, including the sensitive Election Management System, manufactured by Dominion.

Thanks to GA's Republican Sec. of State Brad Raffensperger, every county in the state is forced to use the same vulnerable, unverifiable voting systems. Making copies of those systems in one County essentially offers a blueprint for how to disrupt elections in various ways in every County in the state. Moreover, those systems are also used in jurisdictions in at least a dozen other states. Cybersecurity experts have described the Coffee County breach as extremely worrisome.

Nonetheless, until the scheme was exposed by Marks, Raffensperger's office appears to have been covering the entire thing up. And, even after it was exposed, his office --- including one of Raff's top lieutenants, Gabe Sterling --- continued to deny any of it had happened.

"Even recently, there was people saying, 'We went to Coffee County and we imaged everything,'" Sterling declared at an election forum at the Carter Center in Atlanta last April, before falsely adding: "There's no evidence of that. It didn't happen." But it absolutely did happen, as security camera video from the Coffee County Board of Elections offices, also obtained via Marks' lawsuit, subsequently made abundantly clear. The plot even involved a number of well-known MAGA Mobsters, such as Doug Logan, CEO of the Cyber Ninjas outfit that later carried out the phony post-2020 "audit" in Arizona last year.

Voting system software breaches similar to the one in Coffee County were also carried out and reportedly overseen by Powell, in several others states, including Nevada, Michigan and Colorado. As the Washington Post confirmed again this week, the stolen software "was then uploaded to a website, from where it was downloaded by election deniers across the country."

Despite all of this disturbing evidence, federal authorities do not appear to have even begun to probe these coordinated plots which, as our guest today confirms, can really be considered a crime still in progress, since the copied software can be used to undermine upcoming elections, for example, in 2024.

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit good government group, Free Speech for People, to discuss the 14-page letter [PDF] that she and more than a dozen of the nation's top cybersecurity and voting system experts sent this week to Special Counsel Smith, Attorney General Merrick Garland, as well as the Directors of both the FBI and Cybersecurity and Infrastructure Security Agency (CISA), seeking a federal probe of the coordinated, ongoing plot.

"Now that they have the software," Greenhalgh explains today, "they have all the elements of the voting system, from the poll pads to the election management system which aggregates and reports totals, and everything in between. They can create their own election system and probe it to find out how it's vulnerable, and also develop ways that they can exploit those vulnerabilities. They can decompile the software to study the source code and understand how they might create malware that could get in and wreak havoc with the way the votes are counted."

Remember, these software breaches happened in most cases with the cooperation of insiders, local election officials who have direct access to these systems. Greenhalgh notes that "malware can be designed to be undetectable in many ways. So if you wanted, you could use it to disrupt an election so that people can't vote, or you could do it in ways to disrupt and manipulate or tamper with an election that is not visible to outsiders. Or you could just use the software to create disinformation campaigns and say 'I can show you how this election system was compromised and why it counts incorrectly'," even when it hasn't.

"We don't even have to imagine that because that's already been done," she continues. "That was by Matt DiPerno, the guy who ran against [Democrat] Dana Nessel for the Attorney General position in Michigan. He's also quite a famous election denier. He had a copy of voting system software that was obtained extra-legally in Michigan and put it on machines and put up videos that said, 'This is how we can manipulate these systems.'"

Greenhalgh details other ways in which these breaches are so troubling to the experts signed on to FSFP's letter; explains whether there is any evidence that the breaches were used to exploit systems in 2022; responds to remarks from the GA Sec. of State's office attempted to conflate real, longtime election security and voting systems experts with the MAGA conspiracy theorists and election liars; discusses how the Coffee County breach appears to have been covered-up by Raffensperger and other Georgia officials; and details why the lack of a federal investigation continues to threaten future elections, including the Presidential contest in 2024.

"The chance of manipulating elections going forward is very real," she warns.

Also today...since we could use some dumb news to offset that very disturbing story, 2024 Presidential candidate Donald Trump is now in the business of ripping off his supporters with hilarious, $99 digital trading cards in which he is illustrated as a super hero! Get yours today! Before they run out!

And finally...we close with Desi Doyen and our latest Green News Report, including troubling news from NOAA on the worsening effects of climate change in the Arctic; the existential threat to the world's forests of rapidly expanding oil and gas exploitation; and the EU's decision this week to institute the world's first carbon import tariff...

It's another busy day on The BradCast! Enjoy!

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(P.S. We're off tomorrow for more dental adventures, but will be back next week to cover the House January 6 Committee's finale and more before our holiday break!)

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He didn't help steal the 2020 Presidential election for Donald Trump, but that doesn't make Georgia's Republican Sec. of State Brad Raffensperger a hero. As discussed on today's BradCast, he did the right thing, sort of, but, as our guest explains today, but for the wrong reasons. Worse, he now appears to be involved in an outright cover-up of wrong-doing by Trump supporters and GOP election officials in the Peach State.

First up today, on the heels of the gripping series of hearings by the bipartisan U.S. House Select Committee investigating Trump's January 6, 2021 insurrection and his multiple attempts to steal the 2020 election, the Dept. of Justice is reportedly broadening their ongoing criminal investigation. Washington Post reports tonight on new subpoenas dropped in a number of states on Wednesday to several of the fake Trump electors who tried to join the disgraced former President in his efforts to rob the American people.

Meanwhile, Tuesday's hearing, as discussed during yesterday's special coverage, was gripping and emotional at times, as it focused on state officials and local election workers who refused to go along with Trump's election theft schemes and were targeted and terrorized in the bargain by the former President and his mob of MAGA thugs.

While there were a number of folks who testified on Tuesday that reacted heroically in the moment, two of them, Raffensperger and his Deputy Sec. of State Gabe Sterling (who served as Georgia's Voting Systems Manager in 2020), should not necessarily be included among them.

The three separate tallies of Presidential election results in the state that both men testified about on Tuesday --- the original machine count, a second statewide hand-count "audit", and a third tally by machine, as requested by the Trump Campaign --- are not quite as pristine as they would have the nation believe. Moreover, Raffensperger's office appears to be carrying out a months long cover-up of a serious breach of the state's voting system by Trump supporters and GOP election officials in GA's rural, right-leaning Coffee County.

As promised on yesterday, we're joined today by MARILYN MARKS of the non-partisan, nonprofit Coalition for Good Governance for a bit of a rebuttal to Raffensperger and Sterling's testimony before the House J6 panel, and an update to a stunning and troubling story of corruption we initially reported here last month, which could have very serious ramifications for elections in both 2022 and 2024.

Marks, who's Coalition has two long-running federal lawsuits against Georgia and Raffensperger --- one, filed in 2017 to block the use of his 100% unverifiable touchscreen voting systems made by Dominion, and the other challenging the state's SB 202 voter suppression bill (I am a named plaintiff, representing media) --- has been analyzing the state's 2020 election results with a fine-toothed comb as part of her group's voting machine case. She explains today that the numbers reported by Raffensperger's hand-counted "audit" and machine-tallied recount, are nowhere near as aligned with the original tally --- and each other --- as Raffensperger and Sterling represented to the Congressional panel.

In fact, hand-counted numbers were tallied in secret and "fudged" by the state to match the original tally from Raffensperger's hand-chosen touchscreen voting systems, she charges.

That still doesn't mean that Trump won the state, as he pretends that he did. The mountain of errors discovered in the tallies, she takes pains to note, went randomly both ways. But they did not match up as perfectly with the original count as the two state officials claimed on Tuesday.

"We have found nothing that would suggest that Biden should not have been declared the winner. However, there are massive problems with the audit, the recount, and probably the original count, as well," Marks describes. "What really happened here, it appears, is that the audit, as well as the machine recount, were fudged, if you will. That may be a strong word for me to be using right now, but I will just say that the numbers are not straightforward at all, that there are many adjustments that they needed to make to try to arrive at claiming that the numbers matched the original count. They do not."

Why didn't the numbers match up? "It's hard to know," she tells me. When he was asked about it during his deposition in CGG's federal lawsuit, Sterling "just shrugged it all off as 'human error.' He did not try to tell us the same thing he tried to tell the Congress yesterday. He did not try to say it's only off by a little bit. We took him through the numbers and he said, 'It's all human error.'" He was certain that the machine results must have been correct and any count that differed "had to be human error. How many years have we heard, across the nation, about how the machines have to be right?"

While Raffensperger's hand-count audit was ostensibly carried out in public view, the public couldn't actually oversee it or follow along. All of the numbers throughout the process were kept secret and sent back to the SoS' office. By contrast with, say, the fully transparent statewide recount of the 2008 Al Franken/Norm Coleman U.S. Senate race in Minnesota, when the public and media were allowed to follow along and track every step and the tally of every ballot, there is no way to know if Georgia's 2020 numbers were right or wrong. Shamefully, as Marks observes, the media didn't raise a peep about it.

She offers much more on that during today's program before we turn to the related topic of the disturbing matter in Coffee County. There, as we reported last month --- along with exceptional investigative coverage from Washington Post and Daily Beast (but not, curiously enough, the Atlanta Journal Constitution, which hasn't covered it at all) --- Trump supporters, in cahoots with Republicans on the Coffee County Board of Elections, made illicit and illegal copies of the sensitive Dominion voting system software used across the entire state the day after the January 6 insurrection.

You may have heard of similar breaches by Trumpers that occurred in Michigan and Colorado (where the Republican County Clerk in Mesa County, Tina Peters, is now facing criminal charges for having done so.) The breach in GA occurred in January, as one of the apparent ring leaders actually confessed to Marks during a phone call, which she was smart enough to record. (We play part of that phone call confession on today's show.)

Though none of this was publicly known, Raffensperger's office, several months after the breach, seized and exchanged the voting server in Coffee, claiming that someone had changed the password so that the system could no longer be accessed. But it wasn't until late last year, when Sterling was asked about all of this during his deposition in Marks' lawsuit that any of it was confirmed. He claimed, at the time, that the matter was being investigated by his office. But, as Marks details today (and in a recent post at Medium), there is absolutely no record of any investigation over the past year and a half by Raffensperger's office. In fact, as Marks suggests today, it appears the Sec. of State is involved in a straight up cover-up of the entire matter.

"This is awfully hard to put together," she concedes when I ask why the SoS, who helped block Trump's efforts to steal the election, would now work to protect those very same people. "It doesn't make much sense at all. So why would Raffensperger do that? Again, we go back to he needs to defend the system more than he wants to defend democracy." He's also running for re-election this November.

Making things worse, as she points out, serious vulnerabilities were discovered and documented in Georgia's Dominion touchscreen systems (which her suit hopes to ban) by one of her lawsuit's expert witnesses. The vulnerabilities were then reviewed and confirmed by the U.S. Cybersecurity and Infrastructure Administration (CISA), which issued a warning to states about it late last month.

But the SoS office has responded in the lawsuit to say that those vulnerabilities are not of concern, since someone would have to spend a lot of times with the system software to know how to exploit them. Well...guess what happened over a year and a half ago in Coffee County?

Raffensperger's "defense is not that the system doesn't have any vulnerabilities," Marks notes. "His defense is, 'Look, you can't get to those vulnerabilities because the software is entrusted in insider election officials' hands.' Not anymore."

It's a big show today, concluding with our latest Green News Report. Please tune in for the full, stunning story...

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Like it or not, we're back on today's BradCast! But we've got plenty of trouble-making and muckraking for you today, and even some contentious listener calls for your listening pleasure! [Audio link to full show follows below this summary.]

First up, some long overdue good news. Though we've been warning, in great detail, over the years (nearly 20 of them, at this point) about the risks of voting on 100% unverifiable touchscreen voting systems, we now have some good(ish) company. Last Friday, the U.S. Cybersecurity and Infrastructure Agency (CISA) issued a public security advisory regarding nine serious vulnerabilities discovered in touchscreen Ballot Marking Devices (BMD) made by Dominion.

The alert comes after the federal agency's review of a sealed report, which a federal court in Georgia allowed CISA to access, created by the University of Michigan's J. Alex Halderman, a longtime cybersecurity and voting systems expert who is serving as an expert witness in the Coalition for Good Governance's long-running lawsuit to block the use of those systems in the state. The Coalition, founded and headed up by frequent BradCast guest Marilyn Marks, filed suit in 2017 against Georgia's use of touchscreen systems made by Diebold. After the court found those systems to be unverifiable, insecure and, therefore, unconstitutional, the state defied expert advice to move to a hand-marked paper ballot system. Instead, GA's Sec. of State Brad Raffensperger forced all counties in the state to switch to a newer touchscreen BMD system made by Dominion, which has many if not all of the same vulnerabilities as the older systems that were banned by the court.

As part of the Coalition's lawsuit, Halderman was granted access to the Dominion systems and found vulnerabilities so alarming that his report was sealed by the federal judge and even blocked from review by the plaintiffs. Only their attorneys could view the report, until CISA asked to see it in February. U.S. District Judge Amy Totenberg allowed them access and, after studying the report and notifying the 16 states where Dominion BMDs are used, CISA issued their public alert last week.

"One of the most serious vulnerabilities could allow malicious code to be spread from the election management system to machines throughout a jurisdiction," according to Kate Brumback's excellent coverage at AP. "The vulnerability could be exploited by someone with physical access or by someone who is able to remotely infect other systems that are connected to the internet if election workers then use USB sticks to bring data from an infected system into the election management system."

In the wake of Donald Trump's lies about the 2020 Presidential election being stolen (when, in fact, it was he who was attempting to do so), has led to a rash of election insiders --- the County Clerk in Mesa County, CO, the Board of Elections in Coffee County, GA, to name just two cases --- making secret copies of proprietary voting system software and releasing it to members of the public in an extraordinary security risk for future elections.

The vulnerabilities, according to CISA, could allow manipulation of results in a way that would not necessarily be discovered by most security provisions employed by most jurisdictions which use these terrible types of voting systems. Halderman told AP that he believes it is not only the systems made by Dominion that are vulnerable. Similar touchscreen systems made by ES&S, the nation's largest vendor, are used in many more states across the country, or by Smartmatic, whose touchscreen BMDs are now forced on voters at the polling place here in Los Angeles County, the nation's largest single voting jurisdiction. They all have many of the same design flaws, such as the use of barcodes/QRCodes to tally ballots printed out by the systems, ignoring the human-readable selections printed on the same ballot paper that may or may not have been correctly verified by the voter.

"There are systemic problems with the way election equipment is developed, tested and certified," Halderman told AP, "and I think it’s more likely than not that serious problems would be found in equipment from other vendors if they were subjected to the same kind of testing."

We dive into the details of this long overdue story today, along with recommendations for how voters can maximize the odds are their votes being tallied as per their intent in this year's critical midterm elections. (One key suggestion: Vote on a hand-marked paper ballot if possible! Even if it means using an absentee ballot. Deliver it in person to a dropbox or polling place, if you can!)

Next up, we try to open the phones to callers regarding their hopes for the the upcoming U.S. House select Committee's public hearings, beginning this Thursday, on Donald Trump's January 6, 2021 insurrection and his attempt to steal the 2020 Presidential election. As it turns out, however, some callers want to discuss election concerns. And, among them, at least one of whom is a terribly disinformed rightwinger who actually believes the 2020 election was stolen. Much fun ensues thereafter! Enjoy!...

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