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Latest Featured Reports | Thursday, December 1, 2022
'Green News Report' 12/1/22
  w/ Brad & Desi
DoJ sues to clean up water supply in Jackson, MS; Mauna Loa shuts global CO2 monitor; New methane rules for drilling; PLUS: Int. Dept to help tribal communities escape rising seas...
Recent GNRs: 11/29/22 - 11/17/22 - Archives...
Good News and Bad News in GA Early Runoff Voting: 'BradCast' 11/30/22
Guest: GA election integrity expert, observer Jeanne Dufort; Also: Dems unite behind new House leadership; Bills passed to help avert rail strike; Meadows ordered to testify in GA...
Fun Times in MAGA Land!:
Sedition! Collusion! Denial!:
'BradCast' 11/29/22
Oath Keepers chief 'guilty'; GOP money launderer 'guilty'; AZ Dem SoS/Guv-elect fights to keep Repubs from disenfranchising selves...
'Green News Report' 11/29/22
  w/ Brad & Desi
While we were out... Breakthrough at U.N. climate conference; Americans at risk of power blackouts; Buffalo, NY buried by blizzard; PLUS: Houston, TX under boil water notice...
Recent GNRs: 11/17/22 - 11/15/22 - Archives...
We're Back! But Election and Accountability Season Never Left: 'BradCast' 11/28/22
Pillow Guy is running!; Special Counsel wasting no time; Trumpers failed in AK too; Lake still pretending in AZ; Callers have a few thoughts...
Sunday 'Once More Unto the Breach' Toons
And here we go again...into PDiddie's latest post-Turkey toon collection...
Turkey Toons
Gobble gobble! Our thanks to the one and only Pdiddie for a special holiday collection of toons to help you burn off a few calories!...
Debating the Merits of Garland's New Special Counsel: 'BradCast' 11/21/22
Guests: Former DoJ prosecutor Randall D. Eliason of GWU, Const'l law expert John Bonifaz of FSFP; Also: Does the Constitution disqualify insurrectionist Trump from 2024?...
Sunday 'Ready or Not' Toons
PDiddie's latest collection of the past week's most gut-busting political toons...
Now Back to the Quest for Trump Accountability, Still in Progress: 'BradCast' 11/17/22
Guest: Allison Gill of 'Mueller, She Wrote'; Also: Pelosi leaves Dem leadership; GOP secures House majority; Bass wins L.A. Mayor...
'Green News Report' 11/17/22
  w/ Brad & Desi
Crunch time for COP27 climate agreement; NASA says sea levels to rise a foot by 2050; Trump's 2024 announcement climate lies; PLUS: Climate disinfo surging again...
Recent GNRs: 11/15/22 - 11/10/22 - Archives...
2022 GOP Political Fallout, Blame, Circus Begins: 'BradCast' 11/16/22
Guest: Heather Digby Parton; Trump's running again; House, Senate GOP leadership chaos; MS moves to hand-marked paper ballots...
'Green News Report' 11/15/22
Biden pledges leadership, funding at U.N. climate summit; U.S. and China resume climate talks; Costly Nicole; PLUS: Dems Sen. majority to hold line on climate policy...
Sunday 'Red Wave' Toons
Surf the wave! It's Pdiddie's first post-midterms collection of the week's best political toons!...
The Guy Whose Data Analysis Was Right on the Election on Why Media Got It So Wrong (Again): 'BradCast' 11/11/22
Guest: TargetSmart's Tom Bonier; 'Red wave' buffoonery; Latest results from AZ, NV...
It's the Gerrymandering (and Corrupted Courts), Stupid: 'BradCast' 11/10/22
Guest: Redistricting expert, author David Daley; Also: How Fox 'News' dupes followers via smartphone; Latest Sen, House, Guv results...
'Green News Report' 11/10/22
Failed 'red wave' is good news for the climate; New reports warn of skyrocketing methane levels; PLUS: Mixed results for state environmental ballot propositions...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
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'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Salon's Heather Digby Parton; Trump's running again; House, Senate GOP leadership chaos; MS moves to hand-marked paper ballots...
By Brad Friedman on 11/16/2022 5:40pm PT  

It may be a somewhat disconcerting deja vu on today's BradCast for longtime listeners. Apologies in advance. [Audio link to full show follows this summary.]

Seven and a half years ago, on the day Donald Trump came down his golden escalator at Trump Tower to declare that Mexicans were rapists and he was running for President, our guest was HEATHER DIGBY PARTON of Salon and Hullabaloo. Since then, she's joined us to try and make sense of virtually every landmark event during his disastrous candidacy, Presidency and post-Presidency.

Back in June of 2015, when posting that day's show at The BRAD BLOG, I headlined it "The GOP's New 'Frankenstein's Monster'". Most in the media considered Trump's candidacy a joke at the time. We felt otherwise. I believe history has proven us right on that one.

After multiple failed attempts at trying to steal the 2020 election, including inciting an insurrection at the U.S. Capitol in hopes of stealing it by force, and with multiple criminal investigations against him now underway at both the state and federal level, Trump announced (to the nation's chagrin) his third run for President on Tuesday night. He did so at a really long and boring super-spreader event at Mar-a-Lago, the scene of at least one of the many crimes for which he's being investigated. Parton joins us once again today to discuss whether we should be as worried this time about Trump's candidacy (she describes it at Salon today as "the America First Vengeance Tour 2024") and whether he or Ron DeSantis would be more difficult for Democrats to defeat in 2024.

We spend more time, however, discussing the three-ring circus, circular firing squad, or whatever metaphor you wish to use, for the Republican House and Senate leadership battles now under way following last week's midterm elections in which the GOP appears to have won the narrowest of majorities in the U.S. House --- but not much more than that anywhere else. Will the splintered, increasingly loony GOP caucus in the House even be able to get 218 votes for anybody as House Speaker come January? ("They have created an absolutely insane caucus filled with lunatics, and now they're having to pay the piper on this," says Parton. "This is what happens when you embolden people like Marjorie Taylor-Greene. She'll be operating as a shadow Speaker.")

Also today...A note of caution at the top of the show: Do not be fooled by Trump's deceptive call at his announcement speech on Tuesday night for "paper ballots" to help fight fraud in elections. He has no clue what he's talking about. Else he would have called for "hand-marked paper ballots," since all of the states he lost (but pretends to have won) already use paper ballots! He's also demanding new voter suppression measures. We explain all of the above today.

In related news, two counties in the state of Mississippi used hand-marked paper ballots in the 2022 midterms for the first time. After some 20 years of forcing voters to vote on 100% unverifiable touchscreen systems --- while we've been begging them to move to hand-counted paper ballots for all of those years --- the clerks of both counties report that voters and pollworkers loved the new system and it worked great! In fact, the clerks also found that it was both faster and more cost-efficient than their 20-year old unverifiable touchscreens. Who could have predicted it?

Following a new state law adopted in April, all counties in MS must upgrade their systems before the 2024 Presidential elections. As noted on today's show, I've long argued that it would likely take a high-profile Republican getting screwed by touchscreen voting systems before GOPers finally demanded a move to verifiable voting systems. I was close. What I should have said was that it would take a high-profile Republican pretending to be screwed by touchscreen voting systems before they'd finally demand such changes.

Finally, we close with some listener email. Enjoy!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Daniel Wolf of America Counts; Also: GOP's sad abuse of Herschel Walker; And, Republicans For Democrats 2022!...
By Brad Friedman on 10/12/2022 6:13pm PT  

On today's BradCast we've got an excellent idea for Democrats, Republicans and everyone else who has any concerns about accurately reported election results in this year's critical midterm elections. [Audio link to full show follows below this summary.]

But, first up, a few thoughts on a Republican Party in dangerous decline and what at least some long-time GOPers are now doing to put country over party.

We start with the sad tale, frankly, of how the GOP is using and/or abusing Georgia's former football hero and clearly unstable U.S. Senate nominee Hershel Walker for grotesquely partisan political purposes, despite the costs to the man who had no business or qualifications being put up as a candidate for U.S. Senate in the first place. In a thoughtful Twitter thread this week, Illinois' Democratic Rep. Sean Casten worries that Walker is on "a trajectory that does not end well." He describes him as "just one in a long, tragic legacy of disposable black men" for the Republican Party. Even now, Casten notes, elected GOP officials who put him up for the job have no interest in his well-being if there is any hope he might defeat GA's incumbent Democratic Sen. Raphael Warnock and help the party win a majority in the upper chamber of Congress.

There are some Republicans, however, who are proving to be much better than that. We are happy to laud some of them today, including Rep. Liz Cheney and (gasp!) Bill Kristol. Both are among a growing group of longtime GOPers who are not just calling out their party for the threat they now pose to American democracy itself, but are putting their money where their mouth is by actively supporting and endorsing pro-democracy Democratic candidates for office in battlegrounds like Pennsylvania, Michigan and Arizona --- and even in ruby-red states like Idaho.

"I don't know that I have ever voted for a Democrat, but if I lived in Arizona now, I absolutely would...for Governor and for Secretary of State," Cheney said last week at a McCain Institute event at Arizona State University. She supports the Democratic bids for Governor by Katie Hobbs and for Sec. of State by Adrian Fontes. "We cannot be in a position where we elect people who will not fundamentally uphold the sanctity of elections," Cheney explained, referring to GOP Gubernatorial nominee Kari Lake and SoS hopeful Mark Finchem, both of whom falsely claim the 2020 election was stolen from Donald Trump. If elected, both would be in a position to block state certification of a legitimate Democratic Presidential victory in 2024.

Of course, despite the complete lack of evidence to suggest that the 2020 election was stolen by anybody in any state, the lack of transparency and public oversight of our brittle and vulnerable computerized voting and tabulation systems makes it easy for charlatans to dishonestly claim otherwise.

We have long advised that voters show up to their local polling place at closing time in order to take photos and videos of the cash register-style poll tapes that are printed out by voting machines and optical scanners. They are supposed to be printed and publicly posted there at the end of the night. Public documentation of those records can be very helpful when compared to results eventually reported for those precincts by towns, counties and states.

A new smart phone app called Actual Vote makes that process much easier for voters of all parties or no party at all, promises our guest today, DANIEL WOLF, CEO of AmericaCounts.us, a non-profit tech company that developed the free app.

Wolf has been observing elections since 1984, when he was sent to research election systems in Nicaragua. He explains today how he was struck after the controversial 2004 Presidential election in Ohio when poll tapes from dozens of Counties went missing well before the 22 months they are required to be preserved under federal law. Comparison of contemporaneously printed results at the precinct on those tapes with final results reported later can be helpful in ferreting out fraud (either foreign or domestic) or simple programming errors. As importantly, this sort of oversight, he argues, can also offer confidence to the public that results were tabulated and reported correctly as per voter intent.

"If people took a picture of the [poll] tape in the past, the question was, 'Who do I send it to?," he explains. But Actual Vote, in addition to assisting in the recording of poll tapes, allows the user to press a button to send those videos to a secure public server, where they are posted and where analysts can transcribe their numbers and compare them to final results in key jurisdictions.

"Anything that pops out, we then would go back to the election administrators and say, 'Look, we found a discrepancy. What about it?'," Wolf details. "Most of those discrepancies are going to be resolved. But those that aren't resolved can then be looked at more deeply. And if they cannot resolve that, then it gives the candidate or anybody else who is concerned about that particular race the ability to go into court and say 'I have documented evidence of discrepancies in the results reporting'."

Wolf notes that while "laws vary" from state to state and jurisdiction to jurisdiction regarding the use of cameras at polling places, "once public information is posted in the public" after polls close, "you have a First Amendment right to take a picture of it."

His hope is that while Actual Vote could help surface fraud or simple error, broad use of the app may ultimately add confidence in election results for Republicans and Democrats alike, among whom he hopes to "ignite a war of mutual assured accountability."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Tiny Delaware's huge mistake; Graham's nationwide abortion ban bill; Also: Franken on the illegitimacy of our U.S. Supreme Court...
By Brad Friedman on 9/13/2022 6:18pm PT  

The three states carrying out the final midterm primary elections of the year on Tuesday offer a great side-by-side comparison of voting systems on today's BradCast, from the very best to the very worst in the nation. Also, Sen. Lindsey Graham offers an example of the GOP's very worst politics, even as it is likely to work out for the very best for Democrats. [Audio link to full show is posted below this summary.]

Among the stories covered on today's program...

  • Why Delaware's so-called "hybrid" Ballot Marking Device (BMD) system made by ES&S and forced on all voters in the state at the polls, places the tiny state in contention for having the very worst voting systems in the country. You'd think they would realize that a 100% unverifiable touchscreen system that prints voters' selections on a paper ballot for them is already a terrible idea. But one that allows the computer to secretly reprint a voter's ballot --- allowing it to add, change or delete votes --- after voters think they've already approved their computer-marked ballot, is unspeakable stupid. That said, the system's "Permission to Cheat" feature is arguably even worse.
  • Contrast DE's voting system with New Hampshire and Rhode Island's fully verifiable hand-marked paper ballot system. They, along with DE are also holding primaries today. But in about 40% of NH towns, they go even further in respecting voters by hand-counting all hand-marked paper ballots at the polling place, in public, as soon as polls close and before ballots are moved anywhere. That would be Democracy's Gold Standard. RI, in the meantime, tallies all ballots by computer, but at least (unlike in DE), they're hand-marked ballots, so can be known to reflect the intent of the voters. Well, most of them, anyway. As discovered during the early voting period in four towns, candidates from 2018 appeared on the 2022 touchscreen ballots for some voters who chose to use the state's new BMD systems, made available at the polls for optional use by disabled voters.
  • Next, a follow-up to our conversation last week with Marilyn Marks, Executive Director of the Coalition for Good Governance, which is suing Georgia and its Sec. of State Brad Raffensperger, hoping to ban the state's 100% unverifiable touchscreen BMD voting systems in favor of hand-marked paper ballots. Marks was on the show to discuss the security camera surveillance video she unearthed in her federal lawsuit last week, revealing a bunch of Team Trump MAGA Republicans being allowed in to the Coffee County, GA election office last year to unlawfully breach the state's Election Management System software made by Dominion. The breach, as we discussed, was covered-up by Raffensperger, even though the Trumpers copied, stole and shared the critical software with others. That makes the 2022 and 2024 elections in the state (and elsewhere, where the same systems are used) uniquely vulnerable to malware and manipulation, given that Coffee County's system is connected to the state system, which programs all of the identical systems that Raffensperger forces every county in the state to use.

    Shortly after Marks' appearance on the show last week, a hearing was held in her federal lawsuit, and the judge inquired as to how the Coffee County breach relates to the plaintiffs' complaint. One of their attorneys, David Cross, gave a brilliant explanation in response (see transcript here, beginning on page 4), ending his remarks on the matter with a fantastic metaphor: "If we're going on a skydiving trip and we saw a bunch of bad actors unpack our parachutes, take them all apart, and then repack them and put them back and we learned that when we were on an airplane and if the pilot said to you, it is probably fine, your parachute is probably fine, just go ahead and jump and we'll find out when you're in the air, no one would jump out of that plane.

    "That is where we are," Cross added. "It is not an exaggeration. We have lots of people who are widely considered bad actors because of the lies that they spread about the 2020 election who had unmitigated access to the election system --- not pieces, not disconnected pieces --- the actual system in practice for the better part of two weeks. And we don't know what all they did. But we do know what they could have done. And it is not satisfactory to tell voters, 'Let's just hope the system works, and we have begun an investigation in the last couple of weeks, let's hope that that doesn't find that the system doesn't work.' That, Your Honor, we don't think is an appropriate way to proceed. And that is why this is so critically important for our claims."

  • In what ought to win an award for worst, most tin-ear politics of the century, so far, Sen. Lindsey Graham (R-SC) introduced a bill today to ban abortion after 15 weeks of pregnancy in all 50 states. States that wish to go further, however, by banning abortions all together, are more than welcome to do so under his nationwide bill. So, this measure --- deceptively being sold by Graham as a "late-term" abortion --- would largely only affect "blue" states where privacy rights and reproductive freedoms are still respected. The bill, which Graham's own Republican Party is already furious about, comes after the GOP's corrupted, stolen and packed (with Graham's help) U.S. Supreme Court overturned Roe v. Wade in June and just weeks after Graham previously said he believes "states should decide the issue of abortion." Turns out that was just another pathetic lie from one of the nation's most pathetic U.S. Senators.
  • Speaking of the corrupted U.S. Supreme Court (and tin-ears), Chief Justice John Roberts offered his first public remarks last Friday since his Court overturned Roe. He blasted those who question the legitimacy of the Court because they disagree with its decisions. "Simply because people disagree with an opinion is not a basis for criticizing the legitimacy of the Court," the Chief Justice said, completely missing the point. Over the weekend, the much-missed former Sen. Al Franken (D-MN) appeared on CNN to debate Roberts' remarks with GOP strategist April Stewart. As you'll hear, it did not go well for Stewart.
  • Finally, Desi Doyen joins us for our latest Green News Report, as a hurricane finally ends California's record heat wave; reactors are finally shut down at Ukraine's besieged nuclear power plant; a showdown finally looms in Congress over energy permitting; and a climate champion finally ascends to become King of Britain...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Rep. Hank Johnson (GA-4), on his bills to expand the Court, impose term limits and ethics rules for 'unaccountable', 'corrupt' Justices; Also: TN's Thursday primaries and unverifiable voting systems...
By Brad Friedman on 8/4/2022 6:49pm PT  

I suspect you'll get much more out of listening to today's BradCast than I can possibly share in this summary. Hearing my conversation with the Congressman --- who has a very dry wit --- is also much, much funnier than reading about it. [Audio link to full show follows below this summary.]

But, before we get there today, voters in Tennessee were voting in their midterm primaries on Thursday. Yes, on a Thursday! In a state where the right-wingers who run it aren't all that interested in democracy, apparently. Otherwise, they would hold primaries on a normal Tuesday, and they wouldn't have upended a state law passed years ago --- when Democrats held the legislative majority there --- to move from unverifiable touchscreen voting systems to hand-marked paper ballots. A story today out of one of their counties where a touchscreen system appears to have failed for one of their voters (described misleadingly in the report as "a rare glitch") underscores this point and my continuing, expanding, years-long nightmare.

Then, we're joined by REP. HANK JOHNSON, Democrat from Georgia's 4th Congressional District and Chair of the House Judiciary's Subcommittee on the Courts, for a detailed and lively discussion about his ongoing attempts to bring accountability to what he describes as the "corrupt system" embodied by today's U.S. Supreme Court.

In April of last year, Johnson introduced the Judiciary Act of 2021, a simple, single paragraph bill [PDF], co-sponsored by a number of House colleagues and Sen. Ed Markey (D-MA) who declared, at the time, that when "Republicans stole the Court’s majority" they "undermined its legitimacy, and threatened the rights of millions of Americans". Over a year later, with little progress for the measure, after a full term with the Republicans' packed majority now having run roughshod over longstanding Constitutional rights and Court precedents --- on everything from the rights of voters to those of detainees, to gun safety and the environment and, of course, privacy rights and reproductive freedoms --- the bill's sponsors held another press event last month in front of the Capitol to try and bring focus to the need to, as Johnson describes it today, "re-balance the Court away from this current 6-3 rightwing extremist majority that was packed by Mitch McConnell, Donald Trump, and the Federalist Society."

This week Johnson also introduced another measure --- this one, just three pages [PDF] long --- called the Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act of 2022, to introduce term limits for Justices and mandating that new appointees shall be appointed solely by each President in the first and third years of their terms.

"It would establish an 18-year term limit for Supreme Court Justices, if that legislation passes --- and it needs to pass along with the Judiciary Act to expand the Court. We don't really need Justices letting the grass grow under their feet, becoming insulated and removed from accountability from the public", Johnson charges. "You can appoint a conservative judge, but that judge's views would have to end up being subject to being replaced by another judge at the end of that judge's tenure. So, in this way, we give every President the opportunity to appoint new blood into the Supreme Court. Keep the Supreme Court from getting old, stale, and rotten, as it is now...starting with the Honorable Clarence Thomas. "

The Georgia Congressman has also introduced the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act of 2022 [PDF], recently marked-up in the Judiciary Committee to bring ethics reform to the High Court, where Justices currently are allowed to police themselves and are exempt from the judicial ethics rules and requirements which govern the rest of the federal judiciary. That, he asserts, has brought us to the "corrupt system" we have to today.

"The Supreme Court can simply decide to ignore all of the cases it chooses to ignore, and cherry-pick cases that have been inserted into the legal pipeline by activists who are intent on getting their way in the United States Supreme Court," says Johnson. "These are the same activists that have these same Supreme Court Justices traveling to exotic locations to be wined and dined, to deliver a speech to the assembled audience, who happen to be stakeholders in one position or another, that they want to insert into the Court and have the Court decide it their way."

"This is the system that we have now, with the Court being able to select a few cases in the pipeline, for that pipeline to be packed with issues that are ripe for these rightwing Justices carefully indoctrinated through their law school years with Federalist Society 'free market' thinking," the Congressman continues. "They have gotten the jobs with the law firms and with the prosecutors' offices that put them on a track to be nominated by a Republican to a judgeship. And they preside over the judgeship and then they get elevated to the United States Supreme Court, after being recommended by the same Federalist Society that indoctrinated them from law school and secured the job for them. These Justices are primed to rule in favor of the rightwing, 'free-market' capitalist interests that put them in the pipeline. It's a corrupt system that we have at this point, and Congress definitely is in position to do something about it."

Johnson has created a website called CourtReformNow.com to detail these measure and many others in order "to do something about it."

That said, many of these long-overdue reforms have had trouble gaining traction in Congress. I ask the Congressman if there is any reason, for example, that his Subcommittee couldn't call in Justice Thomas (who he describes as "ethically bankrupt") to discuss years of impropriety, not to mention the hundreds of thousands of dollars those same activist groups have given his wife Ginni. (She was also recently revealed to have been a key player in helping Donald Trump to try and steal the 2020 Presidential election.) In response, Johnson offers a fascinating --- and amusing --- insight into how the House and its leadership work. That alone is worth tuning in for. But, the central point is that Committee and Subcommittee Chairs don't necessarily have the final say on what those committees may do and who they may call in for testimony. Moreover, as Johnson collegially chafes against some of those restrictions, he also underscores the need to "educate my colleagues about the power that we have and the need for us to use the power."

At "a political moment when the future of our democracy, our freedoms, are at risk," he notes, pressure from the public "has a lot of bearing" on what Committees and the Party itself in Congress are able and allowed to do.

As mentioned, tune in for this one for a much more expansive and colorful explanation on all of this.

Finally, Desi Doyen joins us for our latest Green News Report with a very "sexy" close to today's show...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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What can be gleaned from the first midterm primary and special election results after the fall of 'Roe v. Wade'...
By Brad Friedman on 6/29/2022 6:14pm PT  

Please pardon the whiplash on today's BradCast, from our special coverage of the blockbuster J6 hearing in the U.S. House yesterday to coverage of election results in eight states today, and what they both may mean for November. But that's our world right now. [Audio link to full show is posted after this summary below.]

Critical midterm primary elections (and runoffs), and one Special Election for the U.S. House were held on Tuesday in Illinois, Colorado, Oklahoma, Utah, New York, Mississippi, South Carolina and Nebraska.

We've learned of a few reported problems for voters at the poll yesterday in several of those states (IL, MS, UT, NY) which we cover first today. Thankfully, they were fairly limited --- at least so far --- and not terribly egregious.

Then it's on to our curated and wholly incomplete coverage of noteworthy races in a number of those states, some of which may be quite telling regarding November and the so-called "Conventional Wisdom" that Democrats are due for a drubbing. That's what history tells us, of course, about the party in power for midterm elections during the first term of an unpopular President. But, given these exceedingly unconventional times, it'd be a sucker's bet and political malpractice --- for Democrats and democracy itself --- to simply presume history will repeat itself this fall.

Among the many results of note covered today: losses for 2020 election deniers and alleged criminals (like Tina Peters, the indicted County Clerk in Mesa County who lost her GOP primary for Sec. of State bigly, even in her own home county) in CO; losses for corrupt climate change deniers and disgraced former Trump officials (like his scandal-plagued EPA Administrator, Scott Pruitt who came in fifth in a GOP primary for the U.S. Senate) in OK; both wins and losses for loyalist Trumpers and anti-choice zealots in IL and CO (with Dems hoping they'd win their GOP nominations, because they'd be easier to defeat in November); a crushing, if satisfying loss for Rudy Giuliani's son in NY; victories and losses for progressive candidates in several states; And, perhaps most notably today, some telling results from the one D vs. R race on Tuesday, a U.S. House Special Election in NE.

As expected, the Democrat lost that special U.S. House race in NE in an exceedingly Republican district in which the GOP candidate won by 22 points in 2020. But on Tuesday, the Republican won by just over 5 points. More interestingly, in the one Democratic-leaning County in the District held by Republicans since 1964, support for the Democrat spiked from +1 in 2020 to +13 on Tuesday, in the first head-to-head election between the two parties since 'Roe v. Wade' was struck down by the radical rightwing U.S. Supreme Court on Friday. Hopefully, Democrats have taken notice.

There are many mitigating factors that could result in this year's midterms defying history and expert predictions. That doesn't mean they will, but they certainly could, particularly if Democrats figure out how to appropriately activate both their base and those who are furious about SCOTUS stripping away a Constitutionally-protected individual right for the first time in our nation's history.

Initial polling in the wake of Roe's demise find the SCOTUS opinion to be exceedingly unpopular with Democrats, of course, but also with independent voters and even a fairly large chunk of Republicans. We take a look at some of those very interesting tea leaves on today's program and what they could mean for November.

Finally, we close with Desi Doyen and our latest Green News Report, in advance of what is probably very bad news indeed for both the climate and the EPA coming from our corrupt Supreme Court tomorrow! But, for today, we've got news about what sparked New Mexico's largest-ever wildfire; Japan's electric grid facing stress under historic record heat; a new leftist climate hawk President for Colombia; and much more....

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Guest: Marilyn Marks of Coalition for Good Governance; Also: DoJ broadening criminal probe of Trump's fraudulent 2020 electors...
By Brad Friedman on 6/22/2022 6:26pm PT  

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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CISA issues advisory based on sealed expert report in GA voting system lawsuit; Also: We try to open the phones re: upcoming J6 hearings, get waylaid by callers with other matters on their mind...
By Brad Friedman on 6/6/2022 6:05pm PT  

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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Guests: Lynn Bernstein of Transparent Elections NC, John Brakey of AUDIT-USA; Also: GA law enforcement, election officials debunk 'voter fraud' claims in Trumpy propaganda documentary, '2000 Mules'...
By Brad Friedman on 5/20/2022 6:50pm PT  

Compare and contrast on today's BradCast. Shoddy treatment of real election observers versus velvet glove treatment of wingnut con-artists claiming the 2020 election was stolen. In one case, longtime non-partisan election integrity observers are locked out from overseeing public election processing before this past week's critical primary elections in a North Carolina county. In the other, longtime phony GOP "voter fraud" fraudsters pretending to be election integrity advocates see their false claims in a propaganda film expensively debunked by both law enforcement and state election officials in Georgia. [Audio link to full show follows below this summary.]

First up, it's the fraudsters who recently released a propaganda documentary into theaters called 2000 Mules. We debunked the film's central claims in detail on this program when it was first released about two weeks ago, as it began trending in rightwing social media circles along with claims from many easily-duped folks that the film proves the election was stolen from Donald Trump.

A number of media outlets explained at the time why it doesn't even come close to doing any such thing. The film relies on cell phone geolocation tracking data and some security camera footage of absentee ballot drop-boxes in several swing states won by Joe Biden to claim that thousands of "ballot mules" illegally "harvested" tens of thousands of fake ballots (from somewhere or other) and deposited them unlawfully to steal the election from Trump. Supposedly, all of those ballots were unlawful votes for Biden, but there is no evidence for that either.

The film was produced and directed by a longtime rightwing activist named Dinesh D'Souza (who pleaded guilty to actual federal election fraud crimes some years ago, before being pardoned by Donald Trump). D'Souza highlights the claims of a longtime, dark money-funded, many times discredited, fake "election integrity" group from Texas calling themselves True the Vote. But, apparently, not mentioned in the film is that their cell phone "evidence" of repeated visits within 100 feet of drop-boxes and security camera footage was already reviewed and rejected by both the FBI and the Director of the Georgia Bureau of Investigation (GBI) before the film was even released earlier this month. A September 30, 2021 letter from GBI Director D. Victor Reynolds explains that, after a full investigation, and consultation with the FBI, the data submitted "does not rise to the level of probable cause that a crime has been committed."

That finding was further buttressed this week when Georgia's state Board of Elections dismissed the groups allegations of fraud by tracking down those shown on camera as depositing multiple ballots into drop-boxes. As Washington Post reports, state investigators tracked down the voters shown in the film and were able to confirm the ballots they deposited were actually those of direct family members, which is perfectly lawful in the state.

It's unknown how many tax-payer dollars were wasted by state (and federal) officials on these wild goose chases into perfectly legal voting, based on D'Souza and True The Vote's absurd claims.

Meanwhile, things were very different this past week in North Carolina, where actual election integrity advocates were prevented from doing their work of overseeing elections on behalf of the public and were even threatened with arrest in Wake County, the closely divided swing-state's most populous county.

We're joined today by two guests we've known for a while and who have been on the show in the past. LYNN BERNSTEIN is the founder of Transparent Elections NC and JOHN BRAKEY is the Director of AUDIT-USA. (Listeners will remember Brakey as the guy who originally exposed on this program, and later in video that went viral, that election denialists in Maricopa County, Arizona last year were examining paper ballots under microscopes for evidence of bamboo fibers to prove their false claim that thousands of fraudulent ballots were somehow cast from someone or another in Asia. Brakey served for months as a public observer of that failed "forensic audit" by the now-defunct Cyber Ninjas in Phoenix.)

This week, the groups of both Bernstein and Brakey published a press release announcing that the two had been barred from the grounds of the Wake County Board of Elections in advance of last Tuesday's midterm primary tabulation. The announcement charged they "were threatened with arrest and prevented from observing routine election administration activities by Wake County election administrator Gary Sims, in violation of North Carolina State Election Law."

We've got audio clips today of the pair being told they were not allowed on the grounds of the Wake County BOE, and of Bernstein's husband Nick being escorted out during the public comment period by law enforcement at a BOE meeting on Monday.

So, what's going on here? Bernstein, an aerospace engineer, trained international election observer and longtime election integrity advocate, claims that "Sims has personally harassed me at Board of Elections meetings in front of the Board and he also threatened to call the police on me when I came to observe on Election Night for the 2020 primary, when I was an at-large observer for the Wake County Democratic Party." She says she and Brakey arrived outside the Wake BOE last week for only minutes before "the police arrived and said we were banned forever" from the grounds of the public facility.

Brakey, who was in town to help oversee tabulation and other often dull, but incredibly important public election oversight procedures, says "It's election time, and this is what I do. I travel the country and I try to work with and mentor other election transparency activists." He tells us that Sims was "out there in four minutes" after they arrived at the BOE and "he was steaming just having [Bernstein] there."

But why was all of this even happening? And why is Wake, according to Bernstein, the only county in the state that does not allow observers of the tabulation on Election Night? "If there's a motive behind all of this, it is not election fraud or anything like that," Brakey tells me. The pair speculate it has something to do with Sims hoping to move the County from their current hand-marked paper ballot system to an expensive, unverifiable touchscreen Ballot Marking Device computerized system for voters. Bernstein has long opposed moving to that type of system, as has Brakey (along with most cybersecurity and voting systems experts.)

Tune in for many more details on all of this, but I wanted to give this incident and both of these folks the highlight they deserve for what seems to be an outrageous attempt to prevent their important work bearing witness for the public when it comes to our public elections. "The actual act of voting is a secret process," Brakey notes. "Counting is a public process. It used to be, and it must be again."

We are more than happy, of course, to welcome Wake's Election Administration Gary Sims to respond on the program with his side of the story as well if he chooses to do so. We'd love to have him!

Finally, we close today with a few thoughts on all of the above, and a bit of listener email regarding trillions of tax-payer dollars in subsidies ("socialized welfare") to fossil fuel companies --- the most profitable companies in the world --- even as clean, renewable energy companies continue to struggle without the same kind of financial support from the government...

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Also: Biden in Buffalo condemns 'poison' of white supremacy, those who 'spread the lie' of replacement theory 'for power, political gain and profit'...
By Brad Friedman on 5/17/2022 6:12pm PT  

On today's BradCast: It's primary election day in five states, with voting system problems reported in at least three counties in one of them, as the President traveled to upstate New York to condemn white supremacist "terrorism" and grieve with the community following Saturday's racist massacre at a neighborhood grocery story in a predominately black area of Buffalo. [Audio link to full show is posted below this summary.]

FIRST UP, a bit of seemingly encouraging breaking news just before airtime today from the New York Times. They report that the Dept. of Justice "has asked the House committee investigating the Jan. 6 attack for transcripts of interviews it is conducting behind closed doors, including some with associates of former President Donald J. Trump." The paper describes the news as "further evidence of the wide-ranging nature of the department’s criminal inquiry into the events leading up to the assault on the Capitol and the role played by Mr. Trump and his allies as they sought to" steal the 2020 election.

That sounds like encouraging news, even if the Times, for some absurd reason, describes the effort to steal the election as an attempt "to keep him in office after his defeat in the 2020 election." Normal humans would describe it simply as an attempt to steal an election. Our corporate media, and even most Democratic officials, for reasons I cannot explain, do not do so. In any event, sounds like good news no matter how stupidly the Times is reporting on it.

NEXT, it's midterm primary day in Kentucky, Oregon, Idaho, North Carolina (where insurrectionist Rep. Madison Cawthorn is running for his life) and Pennsylvania (where Dems see one of their best opportunities to flip a Republican-held U.S. Senate seat.) We'll have noteworthy results on tomorrow's program, but today we focus on three counties in PA, where voters were reporting problems simply trying to cast their vote.

In Berks county "widespread" problems were reported apparently with the County's new electronic pollbooks made by ES&S, just added to polling places countywide for the first time this year. Those new computers were added to the complicated mix of high-tech equipment already forced on voters in Berks, where residents are required to vote on 100% unverifiable touchscreen Ballot Marking Device computers at the precinct. It was a full two and a half hours after polls opened before officials finally deployed backup paper pollbooks(!)to all locations in the county, so voters could finally vote. It's unclear whether the systems simply didn't work, or election officials didn't make sure to properly train poll workers to use them. Either way, voters couldn't vote for hours and some were undoubtedly disenfranchised entirely because emergency paper ballots were not supplied either, according to one state Rep. who said he was held up for hours (though he appears to have misreported the problem as one with voting machines, as opposed to the e-pollbooks.)

In Alleghany County (home of Pittsburgh), some precincts reportedly opened hours late, due to a mix of problems, including lack of keys to get into precincts or a lack of Election Judges in some case, thanks to COVID. At least they respect their voters enough there to allow them to vote on simple, verifiable hand-marked paper ballots (with simple paper pollbooks) ... once the polls finally opened, in any event.

In Luzerne, a Republican-leaning county with a history of voting system issues, it was reportedly the touchscreen voting machines made by Dominion that held up voters, though the Chair of the County's Board of Elections seemed happy to throw poll workers under the bus for what she described as "human error". That, instead of taking blame for forcing those over-worked, under-paid workers to use overly complicated computer systems with a lack of training, in order to eventually (maybe) allow voters to cast unverifiable ballots on touchscreen voting systems after they manage to sign in with e-pollbook computers made by ES&S.

THEN, we head to Buffalo for President Biden's remarks to victims of Saturday's mass shooting by an 18-year old white supremacist who killed 10 and wounded 3 with a Bushmaster assault rifle in a matter of minutes in a predominately African-American neighborhood. The massacre came just three days after a Trump-appointed federal appeals court judge issued a ruling overturning California's law banning semiautomatic weapons purchases for those under the age of 21, finding the law to be an unconstitutional violation of the 2nd Amendment.

In his Wednesday ruling, Judge Ryan Nelson cited "the heroism of the young adults who fought and died in our revolutionary army" in "reaffirm[ing] that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms.” Never mind that young adults during the Revolutionary War used rifles that fired one shot at a time after being laboriously loaded through their muzzle --- as opposed to the semi-automatic Bushmaster rifle used to shoot more than a dozen, including an armed guard, in mere seconds on Saturday in Buffalo.

Biden said today that the nation must "reject the lie" of "replacement theory" spread the far-right, Fox "News" and GOP elected officials, while describing America's diversity as its strength. He derided the "hateful minority" who spread the lie "for power, political gain and for profit" --- as Fox' Tucker Carlson has done hundreds of times on his primetime show and as GOP House Leadership's Rep. Elise Stefanik of upstate NY has recently done in her campaign ads.

"Evil will not win," the President vowed in moving and powerful remarks which we share at length. "Hate will not prevail, and white supremacy will not have the last word," Biden said, charging that "hate and fear have been given too much oxygen by those who pretend to love America."

FINALLY, Desi Doyen joins us for a few thoughts on all of the above, as well as our latest Green News Report. Among the matters she covers today: a new analysis finding wildfires are likely to double across the U.S. in the next several decades; while Russia has used energy as a weapon in its war on Ukraine, they are now threatening to cause a global food crisis as well; and while the state of California recently became powered by 100% renewable electricity for a short time, the state of Texas is, once again amid another heat wave, having trouble even keeping their lights on...

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Also: Turner loses again to Brown in OH; Trump-endorsees win in OH and IN; Amazing appeals court hearing in Cawthorn ballot eligibility case; Trump wanted to shoot BLM protesters, says his former SecDef...
By Brad Friedman on 5/4/2022 6:14pm PT  

On today's BradCast: With midterm primaries in Ohio and Indiana yesterday kicking off a month of about a dozen such primaries across the country, and more to come in subsequent months, America is voting again. So, naturally, America's voting systems are failing voters again. [Audio link to full show is posted below this summary.]

In Ohio, in at least three different counties (Lucas, Cuyahoga and Williams) reports of misprogrammed systems prevented voters from casting their votes or forced them to return later in the day to do so. Electronic pollbooks used as part of computer touchscreen Ballot Marking Devices (BMDs) appear to be the culprit this time. Again. In this case, at least in Lucas (Toledo) and Cuyahoga (Cleveland) it appears the e-pollbook vendor misprogrammed them to print out barcodes on ballot cards that subsequently brought up the ballot for the wrong party when voters put those ballot cards into the BMDs to try and cast their votes. Republicans received Democratic ballots and vice versa.

The widespread failure was reportedly corrected eventually, by about 2pm. In some cases, poll workers were able to manually punch in codes to bring up the correct party ballots and precincts onto the BMD systems for voters. In other cases, voters were given printed ballots that they could fill in by hand (begging the question as to why all voters weren't simply given reliable, verifiable hand-marked paper ballots to use in the first place to avoid these ongoing electoral nightmares!) Either way, problems like these do little to foster confidence in our electoral system, particularly on BMD systems which are already 100% unverifiable after elections, making it impossible to know if votes cast via such systems actually reflect the intent of any voter.

Luckily, confidence in our voting systems hasn't been a big concern in the U.S. of late, right?

As to actual reported results of voting on Tuesday, we cover, among other things, the Democratic U.S. House race watched closed by some on the progressive left between Rep. Shontel Brown and Bernie Sanders-ally Nina Turner in the state's 11th Congressional District (which happens to touch both Lucas and Cuyahoga Counties, where voting systems failed). The contest was a re-run of last Summer's special election to fill the House seat vacated by Rep. Marcia Fudge after she was tapped to serve as Joe Biden's HUD Secretary. Turner lost once again on Tuesday, reportedly by a much wider margin this time, before suggesting in her fiery concession speech that she may be planning an independent run for President in 2024.

All of the U.S. House races in Ohio were run on a new map found by the state Supreme Court to violate the state's constitution, requiring districts that reflect the state's partisan balance after a 2018 ballot iniative for fairer maps won 70% of the vote. Ohio's Presidential contest in 2020 was about 53 to 45% in Trump's favor. Nonetheless, the new maps created by the GOP-majority Redistricting Commission in the Buckeye State will likely result in a 13 to 2 --- or maybe 12 to 3 --- advantage in favor of Republicans in Ohio's U.S. House delegation, as redistricting expert Dave Daley told me via email today. The unconstitutional map is being used in 2022 as the court challenge continues. Perhaps they'll get fair U.S. House maps by 2024. Or not.

On the Republican side of Tuesday's primaries, all of Trump's endorsed candidates --- no matter how crazy, no matter how many times they've been accused of domestic violence or sexual harassment --- won yesterday in both Ohio and Indiana. In Ohio, that even included author and former never-Trumper J.D. Vance in his bid for the GOP U.S. Senate nomination. Vance, back in 2016, said he couldn't "stomach Trump" and found him "noxious". But he changed his tune when he decided to run for the open Senate seat being vacated by retiring Republican Sen. Rob Portman. Now, Vance says, Trump's "a great President, certainly the best President of my lifetime." That was enough, apparently, to win Trump's endorsement, which appears to have catapulted Vance from third place, just a few weeks ago, to a reported win on Tuesday night. He'll be running in November against Democratic nominee Rep. Tim Ryan.

While all of this is great for Trump's considerable ego, it remains to be seen whether having a bunch of far-right, radical loons and alleged abusers who insist the election was stolen from Trump in 2020 (despite any evidence to support the claim) will be good or bad for the GOP this November. It should be a big year for them, but there are still a whole lot of X Factors that could affect so-called Conventional Wisdom on this.

Next, the voters challenging the eligibility of North Carolina insurrectionist Rep. Madison Cawthorn to run for reelection had their day in federal appeals court on Tuesday, after a Trump-appointed lower court judge tossed their Constitutional challenge to Cawthorn's eligibility under the "Insurrectionist Disqualification Clause" of the 14th Amendment. The Q&A between Cawthorn's defense attorney and one of the judge's on the appeals panel was...um...kinda mind-blowing.

As Constitutional law expert John Bonifaz of Free Speech for People, the group representing the voter challengers, summarized on Twitter yesterday: "'Let's say you want to run for office at 12 years old, or something like that,' Judge James Wynn said. 'The state can't do anything? You've got to wait until Congress says they can't run?' Cawthorn's counsel: Yes, the state has no role + must allow that 12 year old on the ballot." Even that snippet doesn't do this hearing justice. We break the whole thing down for ya today.

Then, as we try to get caught up on a bunch of stuff that's been buried by larger stories (in Ukraine, at the Supreme Court) this week, a new memoir by Trump's last Defense Secretary, Mark Esper, claims that Trump wondered why the military couldn't just shoot Black Lives Matter protesters in the street.

Finally, Desi Doyen joins us for our latest Green News Report, as unprecedented heat in South Asia is now "testing the limits of human survivability" and much more, including even some good news on Denmark going all-electric...

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Guests: Susan Greenhalgh of Free Speech for People; Ian Patton of Long Beach Reform Coalition; Also: Atrocities in Ukraine, in the U.S. and why protecting democracy remains more important than ever...
By Brad Friedman on 4/4/2022 6:59pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guest: Lynn Bernstein of Transparent Elections NC on intimidation and an independent review of unverifiable ES&S vote systems; Also: Major media failures at Fox 'News', CNN and Washington Post...
By Brad Friedman on 1/28/2022 7:28pm PT  

On today's BradCast, we are bound and determined to take back the real fight for Election Integrity from the MAGA "Stop the Steal" loons and dupes who have no such interest in anything of the sort, as the Right has attempted to co-opt the idea of "Election Integrity" as part of Donald Trump's efforts to steal the election in 2020...and/or to steal the next one. But even too many weak-kneed Democrats have been frightened off of the fight to secure our nation's vulnerable voting and tabulation systems and ensure public oversight of election results for fear of offering fodder to the MAGA Mob. We're not playing that game. [Audio link to full show is posted below this summary.]

But first up, some pretty dreadful media failures from both the wingnut Right and the non-wingnut Corporate Media. First, after a deteriorating, 50-year old bridge collapsed in Pittsburgh on Friday morning, ironically enough just hours before President Biden's planned appearance in the city to tout his recently signed $1 trillion bipartisan infrastructure bill to repair the nation's crumbling roads and bridges, one Fox "News" host may have jumped the shark when it comes to disinformation from the propaganda news outlet. (Which is not easy!)

Longtime Fox host and news anchor Julie Banderas went off on an embarrassing tear about how "President Biden has been making promises over promises over promises and, as you've noticed, none of them have come true," as she asserted to four others appearing with her, each in their own little silent box. "Back in June of 2021 he started talking about his bipartisan infrastructure deal," she sneered derisively. "There's nothing bipartisan about it! If it was bipartisan, it would have been passed by now!," she continued cluelessly in her rant, slamming the President for failing his vow to "reach across the aisle" to make policy with Republicans. That, she insisted, "has clearly not happened." She was quickly followed by Kayleigh McEnany who concurred. "That might have been the biggest fairy tale of them all," said Trump's former White House Press Secretary.

In fact, Joe Biden's landmark, $1 trillion bipartisan infrastructure bill --- which he was in Pittsburgh to discuss on Friday, fer chrissake --- was passed with nineteen Republicans voting with all the Democrats in the Senate. It was signed into law a full two and a half months ago --- even if word of that promise-kept has yet to pierce the Fox "News" reality bubble.

Sadly, non-wingnut news outlets are not a whole lot better in too many cases of late. On Thursday, a federal judge invalidated the largest offshore oil and gas lease sale in the nation's history. 1.7 million acres were recently auctioned in the Gulf of Mexico after a different federal judge last year, one appointed by Donald Trump, blocked Biden's Executive Order pausing new fossil fuel leases, forcing the Biden Administration to sell off the Gulf. That, even after a scam environmental analysis by Trump's Department of Interior claimed that it would be worse for the climate if Big Oil was not allowed to buy up the leases and expand their drilling there. The Biden Justice Dept. sued to prevent the sale and White House Press Secretary Jen Psaki made clear to reporters back in November that the President opposed the auction, but was left no option by the Trump-appointed Judge to carry it out.

So, Thursday's ruling was a welcome victory for the Administration. But one would have to read the actual stories from outlets like Washington Post and CNN to learn that, because both of those outlets sent out news alerts to mobile phones telling a very different story. CNN's alert screamed: "A federal judge invalidated the Biden administration's oil and gas leases for 80 million acres in the Gulf of Mexico, citing climate change," while WaPo misinformed its readers by declaring "Federal judge throws out Biden administration's massive Gulf of Mexico oil and gas lease sale, faulting its climate analysis."

Wow, if we didn't know better --- or hadn't clicked through to read the actual stories --- it sure would sound like Joe Biden is talking out of both sides of his mouth when he claims to care about climate change and transitioning off of fossil fuels, while carrying out the nation's largest-ever sale of drilling leases in the Gulf! With non-wingnut corporate media like ours, no wonder his approval ratings continue to plummet (despite the fastest growth in the economy since 1984, as the media has also been failing to adequately report, as discussed on yesterday's program!)

NEXT UP...The Department of Justice on Thursday announced that its Election Threats Task Force, formed seven months ago, has made its second arrest. They indicted a 50-year old Nevada man who had repeatedly called the Nevada Secretary of State's office with violent threats on January 7, 2021, just one day after the Trump-incited attack on the U.S. Capitol, promising they were "all going to fucking die". That, after hundreds, if not thousands of similar and worse threats have been issued since the 2020 election against elections officials across the country.

But its not only elections officials forced to face down such attempted intimidation. One longtime Election Integrity advocate, who joins us on today's show, says she has faced similar nightmares in response to her work in a critical swing state, resulting in both in-person intimidation to herself and her family, and a chilling attempt to hack into her home security system.

Our guest is LYNN BERNSTEIN, an aerospace engineer with an expertise in testing satellite systems, who has, in recent years, turned her skills toward fighting for evidence-based elections as founder of Transparent Election NC in North Carolina. The non-partisan group's mission, according to its website, "is to confirm that every eligible vote is counted as the voter intended by working with elections officials to ensure that elections are secure, transparent, robustly audited, and publicly verified."

But, Bernstein contends, there are some in her state who may not like that idea. She has become a critic of North Carolina's recently approved, unverifiable computerized touchscreen Ballot Marking Device (BMD) voting systems made by ES&S, the nation's largest private voting system vendor. Bernstein went public last month on Twitter with some of the threats she began to face after she (a registered and active Democrat) found common ground with the state's Libertarian Party. She helped convince them to exercise their right, under state law, to seek an independent source code and security review of ES&S' unverifiable BMD voting and tabulation systems.

Bernstein offers several chilling details on the intimidation she has faced since the Libertarian Party announced their plans to seek an independent source code review, which will be overseen by the excellent University of South Carolina computer science and voting system expert Dr. Duncan Buell (who has also been a guest on this program). "Elections officials have been in the news a lot about being harassed and threatened," she says. "It seems though that the intimidation of election advocacy leaders happens way more than the public is aware of. I work with people all across the country and privately we discuss it among ourselves, but most won't publicly disclose that they've been hacked or intimidated before."

She also shares her well-researched concerns about the state's controversial new ES&S voting equipment --- which are also used in many other states --- and which experts had strongly advocated against certifying in the closely divided swing-state. "I'm a big proponent of hand-marked paper ballots," says Bernstein. "I think it's just the best record of voter intent. It's a very direct record." She explains how the ES&S BMD systems print out bar-coded paper ballots, supposedly representing voter's touchscreen selections. But those ballots cannot be verified by any voter as actually reflecting their intent. "North Carolina law says that a voter must be able to verify their ballot before casting it. With ES&S's barcode system, it doesn't actually allow the voter to verify their vote before casting it."

During our conversation, Bernstein also offers an endorsement of the state's Libertarian Party chairman who explained in his Party's December press release announcing the review, that "this is not about litigating the 2020 election." She claims that "one of the reasons why he's the perfect person to do this" is because "he has done forensic examinations before" as a former fraud investigator. "When I let him know that this particular ES&S system has never undergone a truly independent source code review, a full comprehensive one, he was shocked, as I think most of us are when we learned of these things."

There's a lot to discuss here, including whether both the state and ES&S will allow the state-mandated review, as we recommit to working to reclaim the real fight for Election Integrity around the nation.

Finally, when it comes to election fraud --- and, arguably, voter fraud --- nobody holds a candle to what Trump and the GOP tried to pull off in 2020. So it's nice to see that the January 6th Committee in the House on Friday, subpoenaed 14 Republicans from seven different states --- all of them won by Biden in 2020 --- who signed their names as duly-sworn "electors" for Trump, on documents fraudulently sent to Congress and the National Archives, in one of the most brazen (and, thankfully, failed) election fraud schemes in the history of this nation...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Tensions boil in Russia-Ukraine standoff; SCOTUS takes affirmative action cases...
By Brad Friedman on 1/24/2022 6:38pm PT  

On today's BradCast, we pick up, in no small part, where we left off on Friday's show regarding that chilling, newly unearthed, December 16, 2020 draft Executive Order [PDF] created for Donald Trump to allow him to declare a national security emergency, seize the nation's voting systems, and implement a military coup that would have left him in power after the 2020 election's actual winner, Joe Biden, was supposed to have been sworn in. We are joined today by the woman whose organization's federal lawsuit in Georgia was quoted extensively in that draft EO as a pretext for seizing the nation's voting systems. Of course, the MAGA Mob lied about the ruling they quoted from her lawsuit in the never-issued EO. [Audio link to full show is posted at end of this summary.]

But first, we cover some quick news headlines today...

  • Just before airtime, the Fulton County, Georgia Superior Court reportedly approved District Attorney Fani Willis' request for the creation of a Special Grand Jury to aid her ongoing investigation into the criminal conspiracy to steal the state's 2020 Presidential election by Trump and others in his cabal, potentially including former WH Chief of Staff Mark Meadows, Trump attorney Rudy Giuliani and Trump buddy Sen. Lindsey Graham among others.
  • Then, news on the quickly ratcheting tensions in Ukraine, where Russia continues to amass thousands of troops on their eastern border in preparation, according to NATO and the U.S., for an invasion of the former Soviet Union satellite country. Russia, on the other hand, says it has no intention of invading and is simply responding to provocations by NATO and the West. We detail the latest as tensions continue to grow by the hour --- along with new military hardware in the region --- on all sides.
  • Also on Monday, the GOP's stolen and packed U.S. Supreme Court announced plans to take up two cases next term on affirmative action in college admissions. One case challenges the use of race in Harvard's admissions policies, the other looks at similar policies at the public University of North Carolina. The Court's decision to hear these cases, despite multiple cases in recent years confirming the Constitutionality of such policies, signals the likelihood that the newly far-right 6 to 3 Court is looking to overturn long-standing precedent on race-based policies. Such a reversal of otherwise settled law would echo similarly radical moves in other recent rightwing hobby horse cases taken up by this Court regarding abortion, gun rights, voting rights, vaccine mandates, and environmental regulations.

Then we're joined by MARILYN MARKS, longtime election integrity, security and transparency advocate and Executive Director of the non-partisan Coalition for Good Governance. It was a ruling in the Coalition's long-standing lawsuit seeking to ban Georgia's new, unverifiable touchscreen voting systems made by Dominion Voting Systems that was quoted, at length, in the December 2020 draft Executive Order [PDF] that was to direct Trump's Secretary of Defense to immediately seize the nation's voting systems and institute a military coup to keep him in office.

The EO quotes a ruling in the Coalition's case made by U.S. District Court Judge Amy Totenberg just prior to the November 2020 election. In it, as we reported at the time, she recognized the massive vulnerabilities in Georgia's new Dominion touchscreen Ballot Marking Device (BMD) voting systems, but allowed them for first-time use in the 2020 election anyway. The previous year, as part of the very same lawsuit, Judge Totenberg finally banned the state's controversial, 20-year old, unverifiable, insecure touchscreen systems made by Diebold, finding the vulnerabilities made them unconstitutional for use in Georgia's elections. Rather than replace those old systems with verifiable hand-marked paper ballot systems, Georgia's Republican Sec. of State Brad Raffensperger forced every county in the state to switch to the new, unverifiable Dominion systems which share many of the same problems as those they replaced.

In the draft EO, after citing Totenberg's 2020 ruling at length, the drafters of the document (likely Sidney Powell and Michael Flynn, among others), falsely claim that "Every defect and hazard of which Judge Totenberg warned, happened in Georgia."

Marks, whose has joined us many times on this program over the years to discuss her legitimate case to ban those Dominion systems in Georgia (a case which continues), offers her reaction today to seeing a ruling from her case included in the EO drafted for Trump's military coup.

"I was ready for the whole world to know about our lawsuit --- those who don't listen to you --- but this is not the way I wanted to have it happen!," quips Marks. "Because, of course, it is a totally serious lawsuit and this [EO] is preposterous, silly and crazy. And chilling, as well!"

She says that she was "horrified" when she first saw the news come in via headlines. "It's just so shocking that this would have gotten on paper anywhere, that anybody could have these ideas to use the judge's very serious ruling, to take it totally out, twist the words [and] wrap it in a bunch of lies. It's really so sad and scary."

Marks notes as well that, while there are indeed very serious vulnerabilities in Georgia's new voting systems (and others like it in use around the country) making them "hackable", the evidence-free (and/or wholly inaccurate) claims made by the Trumpers in the EO about them having been manipulated "is just so false. It's unbelievable that someone could get away with putting that on paper because there's no evidence that any of those things happened. Yes, there were problems [in Georgia]. Yes, those problems need to be resolved. But certainly not what these people are claiming."

She also explains why, even if the Pentagon had seized the voting machines in Georgia as the document called for, they were not likely to find the "malware" they pretended was on those systems in November of 2020 because the systems had already been wiped for upcoming municipal elections and the January U.S. Senate runoffs by that time in December.

We go on to discuss how both this newly revealed EO and all of the phony, evidence-free claims that the 2020 election was stolen --- as part of Trump's actual efforts to steal the election --- has made the fight for election integrity all the more difficult for real advocates. In response, she argues that many Democrats are now even more afraid to take action on anything that has to do with concerns about voting systems. Some, she notes, are even working to make such systems less transparent in the bargain. "So what we are seeing is some pushback that is really unhealthy in terms of let's reduce transparency, let's reduce citizen oversight, thinking that somehow that will quiet the citizens talking about the problems. It's a dangerous reaction," warns Marks...

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Also: The Prospect's Harold Meyerson on how Biden and Dems can build back 'Build Back Better' before mid-terms; And: Shell's billion dollar Canadian 'carbon capture' facility EMITS more than it captures!...
By Brad Friedman on 1/21/2022 6:50pm PT  

Trump's never-issued draft Executive Order to seize the nation's voting machines in December of 2020 has now been released, and it contains a surprise or two that may sound familiar to BradCast listeners! Also today, some thoughts from our guest on how President Biden and Democrats may still be able to salvage the critical Build Back Better agenda recently blocked by Lord Manchin and Lady Sinema. [Audio link to full show is posted below this summary.]

First up, the National Archives is believed to have turned over most of the hundreds --- and perhaps thousands --- of documents subpoenaed by the House Select Committee investigating Trump's attempt to steal the 2020 election with his attack on the U.S. Capitol and other actions. The documents from the Trump White House were handed over to the Committee this week following the crushing, 8 to 1 defeat [PDF] issued to the disgraced former President by his own stolen and packed U.S. Supreme Court on Wednesday.

One of the many documents we've been looking forward to seeing was said to be a never-issued draft Executive Order on "Election Integrity", supposedly directing the Dept. of Defense to seize the nation's computerized voting and tabulation systems on the baseless premise that they had all been hacked or manipulated in some fashion, and to establish a Special Counsel to investigate and prosecute the criminals responsible.

That draft EO was obtained and published today by Politico's Betsy Woodruff Swan. The 3-page order [PDF], dated December 16, 2020, directs the Secretary of Defense, "effective immediately", to "seize, collect, retain and analyze all machines, equipment, electronically stored information, and material records required for retention under" the federal law related to the preservation of election materials.

Happily, the Order was never actually issued. But, as we detail today, it's still stunning on several levels. For one, it quotes at some length from a 2020 ruling [PDF] by U.S. District Court Judge Amy Totenberg in the long-standing federal lawsuit challenging Georgia's use of new, unverifiable computerized Ballot Marking Device (BMD) voting systems made by Dominion. That lawsuit was filed years ago by the non-profit Coalition for Good Governance.

If that all sounds familiar, it may be because we have covered that specific case on this program for many years now, as filed by the Coalition headed up by founder and longtime election security champion Marilyn Marks. She has joined us countless times on this program to discuss it, including after the complaint saw its biggest victory when Totenberg banned the state's 20-year old touchscreen voting systems made by Diebold, after she ruled them to be unverifiable, unsecure and, therefore, unconstitutional. Shamefully, Georgia's Sec. of State Brad Raffensperger subsequently replaced them with Dominion's equally unverifiable and vulnerable touchscreen systems, despite many warnings from voting system and cybersecurity experts. Totenberg's 2020 ruling, quoted in the draft Trump EO, allowed those new systems to be used for the first time that year anyway, despite the vulnerabilities, while issuing clear notice that she may well end up banning their use as well in the future.

The unidentified Trumpers who wrote the draft Executive Order titled "PRESIDENTIAL FINDINGS TO PRESERVE COLLECT AND ANALYZE NATIONAL SECURITY INFORMATION REGARDING THE 2020 GENERAL ELECTION", peppered the draft with lies about evidence of "probable cause" that Dominion's systems --- (as well as those made by about 8 other companies, several of which don't even deploy voting systems in the U.S., much less in the states Trump was challenging) --- were manipulated by "a massive cyber-attack by foreign interests". The Trumpers used the 2020 federal court ruling out of Georgia to further their evidence-free claims and even lied to say that "Every defect and hazard of which Judge Totenberg warned happened in Georgia."

If so, there is absolutely zero evidence to that end, according to one of the Coalition's experts on the case, Dr. Philip Stark of UC-Berkeley. He told me today via email that while "the vulnerabilities undeniably exist" in those Dominion voting systems, "there is (so far) no evidence that they were exploited in 2020 --- contrary to the claims in the draft EO."

In addition to misidentifying voting system vendors (and some of their actual correct names), the Order would have also directed the Sec. of Defense to compile an assessment of the matter in 60 days which, as Woodruff Swan observes, "could have been a gambit to keep Trump in power until at least mid-February of 2021."

The unissued Order is dated just two days before a much-reported, lengthy, reportedly "bonkers" meeting in the Oval Office with Trump, his disgraced former National Security Advisor Michael Flynn, former Overstock.com CEO Patrick Byrne (for some reason), and loony conspiracist attorney Sidney Powell, who reportedly hoped to be named as a Special Counsel to oversee this emergency "national security" matter after the systems were seized. The final directive in the draft EO calls for the appointment of "a Special Counsel to oversee this operation and institute all criminal and civil proceedings [and to be] provided all resources necessary to carry out her duties." [Emphasis added.]

All of this underscores at least two important things. 1) Just how close this country under Trump came to an actual military coup ordered by the President of the United States to undermine and steal a Presidential election. And 2) The warnings that we have issued for nearly two decades now about how computerized voting systems that are so opaque and impossible for the public to actually oversee when they create and/or tally votes in secret, that --- even when they work as designed --- still allow for disingenuous cretins and liars like Team Trump to claim that they did not. That, in and of itself, as we have long warned, poses a grave threat to democracy and, clearly, national security. This matter should finally make that point crystal clear.

Before that story broke this afternoon, we had planned for our lede story today to be about how (and if) Joe Biden and Democrats can retrench and get their transformative Build Back Better agenda back on course, after both it and critical voting rights and election protection legislation were all blocked by Senate Republicans and Democratic Senators Joe Manchin and Kyrsten Sinema.

We're joined today by HAROLD MEYERSON, longtime progressive columnist and editor at The American Prospect to discuss just that. He wrote about it earlier this week, before his suggestion for breaking up the Build Back Better act into small chunks (and hold votes to put everyone on record for the stuff that was being blocked) was echoed by President Biden during his press conference two days later.

As usual, it is an insightful and very lively conversation on all of that and more with the delightful Meyerson today.

Finally, we close with a story out of Canada on the billion dollar "carbon capture" facility built by Shell as a demonstration for how their new technology could remove dangerous emissions from the air and allow for the continued use of fossil fuels in a climate changed world. As it turns out, according to a new report this week, the facility actually emits more greenhouse gasses than it captures. Go figure!...

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

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

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

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

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

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

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




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