Trump fires all scientists working on Nat'l Climate Assessment; Denies disaster aid to AR and KY; Blackout in Spain, Portugal; PLUS: Oil company's caused $28 trillion in damage...
...and the Voting Rights Section at DOJ ... and a 4-year old U.S. citizen with Stage 4 cancer; As Trump's approval ratings plunge ... on everything ... nearing his 100th day in office...
THIS WEEK: China: 'No'...Harvard: 'No'...Ukraine: 'No'...Musk: 'WTF?'...Francis RIP ... And much more, in our latest collection of desperate toons for desperate times...
Guest: Joyce Howell, 30-year EPA attorney and AFGE Exec VP; Also: 'Bloodbath' at DoJ Civil Rights unit; Federal judges block three different Trump anti-DEI and voting orders...
Largest coral bleaching event on record, impacting 84% of world's reefs; Trump 'loves' coal miners so much he's killing them; PLUS: Admin guts climate and weather research funding...
THIS WEEK: Constitutional Crises ... White House Easter ... From the Society Pages... And much more! In our latest collection of the week's most festive holiday toons...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
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...
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...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
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...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
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...
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...
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...
A few days ago, I ran the :30 second preview for this report from David Goldstein of CBS-2 Los Angeles on the new,100% unverifiable touchscreen computer Ballot Marking Device (BMD) voting systems being deployed to all polling places in Los Angeles County (the nation's most populous) for the first time in the critical 2020 elections. I am seen in the preview responding bluntly to how much confidence voters should have in this new system, as paired with the response to the same question from Goldstein by L.A. County Registrar-Recorder/County Clerk Dean Logan.
We now have Goldstein's full video report and it's posted below.
The first countywide use of the $300,000,000 system, ten years in development, will be for the upcoming Super Tuesday primary on March 3rd in California. What could possibly go wrong? Well, just ask Iowa.
But, beyond that, I've spent a great deal of time in recent weeks, months (and, yes, years) specifically detailing what could go wrong, from the fact that...
that the computer-marked paper ballots it creates can be changed by the system without voters knowledge after they are supposedly verified by voters and then run back through the same printer path that printed them in the first place;
that a recent study found that 93% of voters do not notice when a BMD system has flipped one of their votes;
that Los Angeles County is being sued by Beverly Hills because the system only displays four candidates in any given race at a time, which means that voters could hit the NEXT button to go to the next race, without ever seeing all of the voters in the contest (something that is also not a problem when using a more reasonable, sensible, much less expensive hand-marked paper ballot system);
that this system could result in voters not being able to vote at all, if there is a power or internet outage or ransomware attack;
and that even if voters succeed overcoming all of these obstacles and manage to correctly verify the computer hasn't changed their vote, there is till no way for anybody to know after an election, whether any vote has been printed accurately as per any voter's intent!
That's just some of the concerns about these systems --- and they are true for the new system being deployed in L.A. called VSAP for "Voting Solutions for All People", as well as for other similar systems being deployed for the first time this year in critical battleground states like Georgia, Pennsylvania, North Carolina, Texas and elsewhere, for some insane reason.
Anyway, while I'll have more to say about this on today's BradCast later tonight, I'm happy that at least a few corporate media outlets are waking up to these concerns. Too few, if you ask me. Perhaps more will do so after what's happened in Iowa. But, for now, here's the full report now from CBS-2 Los Angeles' David Goldstein, as aired Tuesday evening on the 11 o'clock news.
On Monday night, the Democratic Iowa Caucuses melted down. Actually, they didn't melt down. They worked as well as expected. It was the reporting of the results from the caucuses that melted down, almost entirely due to a smartphone app that either didn't work as planned --- or because untrained precinct captains had trouble using it for its intended purpose: to send local, transparent, fully publicly overseen caucus site results to the the Iowa Democratic Party headquarters for release to the media. Of course, as we have warned for more than 15 years, it is always a terrible idea to use new, untested, secretly-developed, nontransparent, unnecessary computer technology for mission critical, cannot-fail elections.
On today's BradCast [Audio link posted below], we explain both the Iowa caucus process (which, itself, is actually among the most transparent --- if most complex --- of all the Presidential nominating contests); the known history of this app that failed so spectacularly after warnings by cybersecurity professionals (and by us on this program previously) against its use were ignored; how the app was supposed to work; and the problems from the 2016 caucuses (and even 2012 Republican Caucus in Iowa) that it was meant to solve.
(Relatedly, we also share a :30 second preview clip, featuring me, from CBS-2 Los Angeles, for an investigative report on Los Angeles County's new, untested, 100% unverifiable, $300,000,000 touchscreen voting systems that are being deployed for the March 3rd Super Tuesday primary election here for the first time in the nation's most populous county, despite warnings from cybersecurity and, yes, us. That story, and the warnings I offer in the preview --- and, hopefully, in the full story set to air on CBS-LA this evening --- have suddenly become even more wildly relevant over the past 12 hours or so than they were previously.)
If you take nothing else from all of this, please let it be that even if tech like this works perfectly (it never does), if the public cannot know that it did, confidence in democracy itself is deeply endangered. Though we've been issuing that warning for years, it is more true today than ever, especially after years of tossing additional computer "solutions" at our elections, no matter how dangerous it will be once again in 2020. As one longtime Election Integrity advocate emailed me today, somewhat sarcastically: "Who would have ever thought that using computers for election administration could cause problems? Aren't they supposed to make processes go more easily, more smoothly, faster, more accurate? What a stunner that everything descended into chaos when Iowa Democrats changed from their manual counting/reporting methods to move into the 21st century with computers!"
Before we get to our guest today then, with whom we also discuss all of this, perhaps I can summarize the lessons learned for the moment from Iowa as...A) the madness of using untested, secretly-developed, nontransparent new tech in mission critical elections; B) the importance of publicly overseen results tabulated by humans at the polling place (which Iowa has, despite the app meltdown, so the correct results will EVENTUALLY be known!) and; C) the absurdly complex procedures of the Iowa Caucus itself (on the Dem side --- the GOP side is far simpler) is a nice example of the complications and dangers in store for those who persist in calling for a Ranked Choice Voting (RCV) system. Given the complicated way the Iowa Democratic caucuses work (realignment of votes through several rounds of voting/counting after some candidates do not meet the viability threshold, etc.), it is very similar to RCV or Instant Runnoff Voting (IRV).
If you think the raw numbers, once they fully come out from Iowa, are impossible to understand and add up, just wait until RCV takes hold. As I almost always note on this topic: If you think we have enough trouble as is, transparently adding 1 + 1 + 1 in our elections in a way that can be publicly overseen and understood, just wait until we add the complicated, computer- and central-tabulation required algebra of Ranked Choice Voting to the matter!
Halfway through today's show, the Iowa Democratic Party finally releasedresults from Monday night....well, just 62% of them, incredibly enough. They show Pete Buttigieg and Bernie Sanders in a virtual tie, followed by Elizabeth Warren and then Joe Biden, with Amy Klobuchar not too far behind. But, again, those are only partial numbers, so we don't need to spend too much time on them for now.
We're joined today by the great JOHN NICHOLSof The Nation, just back from Iowa, for an explanation --- and a rant or two --- about all of the above and whether Democratic supporters of several different candidates should be furious...or just breathe...as all of this is ultimately sorted out. There is a lot to discuss with John, who explains why he believes "caucuses suck" and the "scorching, huge damage" this all will have done to the Democratic Party and democracy itself. We agree on some points and disagree on others. But there is just far too much to detail here. So I suggest you just buckle up and tune in today!
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Well, this should be fun. Particularly after what happened in Iowa last night.
Here's a :30 second preview for tonight's investigative report on CBS-2 Los Angeles, by journalist David Goldstein. You may recognize the first guy that speaks (me). The guy at the end is L.A. County Registrar Recorder County Clerk Dean Logan.
Given what happened last night in Iowa, where they used a never-before-used smartphone app to transmit results to Party HQ, I'm hoping folks like Logan are having second thoughts about using untested, never-before-used, secretly-developed tech for a no-room-for-failure, mission critical election. It sorta puts my "none!", as seen in this clip, in a fresh light, I'd say. At least it should.
WATCH:
Tuesday night at 11 we’re back on with a new investigation. LA County spent $300 Million dollars on new voting machines that critics warn won’t reliably count your vote. Is it money well spent? Watch and find out! @CBSLApic.twitter.com/EXZhCcwEsI
Goldstein tells me the full report will air tonight (2/4/2020) on CBS-2 in L.A. during the 11pm News. I'll try to post an update here with the full video report after it's published online.
P.S. This week we are celebrating 16 years of the 100% reader/listener supported BRAD BLOG (and BradCast and Green News Report, etc!) But, given all that's gone on over this past week or two, I haven't even been able to post about it until now! If you're able, PLEASE consider donating to support our continuing efforts over the past 16 years, so that we can keep sounding these necessary alarms at least through one more critical election this year! Thank you!!!
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On today's BradCast: Following Friday's shameful vote in the U.S. Senate, where just two Republican Senators were able to muster up the courage to vote against completely blocking all witnesses and documents in the Impeachment Trial of Donald John Trump, we now have just one firewall left against our slide into full authoritarianism: This November's election. [Audio link to show follows below.]
If a President can't be indicted, as the Dept. of Justice falsely claims, and a Republican Senate is more than happy to blatantly rig an impeachment "trial" against a Republican President, the only American firewall left against the collapse of representative democracy as we've known it in this nation is your vote --- and those of every eligible citizen you know --- cast this year and counted as intended. That, as we have warned for many years, is now more difficult than ever in many jurisdictions. Nonetheless, that fight begins tonight in Iowa. (We'll have full coverage of Iowa results on Tuesday's BradCast.)
On today's program, related to all of the above, and before we open up the phones to callers on all of it...
We are "flying blind" as we head into the Iowa Caucuses after the weekend cancellation of the final "gold standard" Des Moines Register poll, due to a procedural error. Though Bernie Sanders, according to other last-minute polling, is believed to be the front-runner on the Democratic side as caucusing begins. That said, the Iowa Caucuses are complicated and notoriously difficult to predict, for some of the reasons we explain on today's program;
Millions of Vote-by-Mail ballots are, as of today, according to a media statement from the California Sec. of State, now on their way to Golden State voters for the March 3rd Super Tuesday primary, when more than a dozen states will be voting in their 2020 primaries all at once. We, again today, endeavor to explain the complicated procedures that are (sadly) necessary in the Golden State to make sure you are able to vote in the party primary of your choosing, as well as the steps you need to take to make sure you do so on a hand-marked paper ballot in order to maximize the odds of your vote actually being counted as cast.
To avoid having to cast a 100% unverifiable touchscreen vote if you live in Los Angeles County (where that will be forced upon you at our new "voting centers") or anywhere else where touchscreens are your only choice at the polling place, PLEASE contact your County and ask for a hand-marked paper Vote-by-Mail ballot. Then, PLEASE deliver it IN PERSON to your polling place or County headquarters on Election Day or as close to it as possible. (Check your local jurisdiction to make certain they will accept hand-delivered vote-by-mail ballots!) To check your voter status --- how and if you are registered, and whether you are signed up for Vote-by-Mail --- please see the CA Sec. of State website's Voter Status page here. To request a Vote-by-Mail ballot in L.A. or request a specific party's primary ballot, go to LAVote.net;
Everyone must be on board and educated about all of this, this year. With the stakes we are now facing, there is ZERO room for error. Please share good information far and wide, and help your friends and neighbors to register, to vote, and to help spread the word to others about how to do the same thing;
Yet another reason for voting on hand-marked paper: I am terrified, for good reason, about the possibility of a ransomware attack that could prevent voters in jurisdictions that now (foolishly and dangerously) rely on computers at the polls for voters to be able to vote at all. One of the latest such attacks/reminders is currently crippling services in Tillamook County, Oregon, where all County computer servers were shut down as of last week due to such an attack. Tillamook is just the latest of dozens of jurisdictions --- states, counties, large and small metropolitanareas --- to be hit by ransomware attacks over the past year. If one occurs on or before Election Day in a county (like L.A.) that now relies on computer pollbooks and voting systems, we will have a disaster on our hands in the upcoming elections;
Of course, such a disaster is exactly what Donald Trump is hoping for, given his unpopularity and his repeated attempts to rig both the 2016 and now 2020 elections in his favor through any means necessary. He is now being aided in that effort not only by Republicans in the Senate, but by the Dept. of Justice itself, which is unlawfully withholding documents that prove, yet again, that Trump directed Administration officials to freeze hundreds of millions of dollars in military assistance to Ukraine in a pressure campaign to force them to help him cheat in the 2020 election;
All of this, as investigative journalist Kurt Eichenwald warned in a chilling Twitter thread on Friday after the vote to block all witnesses and documents in Trump's Impeachment Trial, is why "we are in an extremely terrifying moment in American history." Eichenwald cautions that, because Presidential "emergency powers" have never been defined ("because no one ever imagined a situation like this"), Trump could even attempt to cancel this year's election if he wanted and, like Hitler, could even imprison political opponents such as Joe Biden or Bernie Sanders "if he further advances his argument that he [has] absolute unquestionable control of government."
Far fetched? Please tune in to today's show and then let us know, as callers did in the second half of today's program...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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On today's BradCast: The President's defense team picked up on Monday where they left off on Saturday in their Opening (and potentially Closing) Argument in the Senate Impeachment Trial of Donald John Trump. But that defense was hit with a major bombshell by the New York Times on Sunday which could (emphasis on "could") turn out to be a game-changer for the previously expected course of this trial. [Audio link to program is posted at the end of this summary.]
But first, and before we eventually open the phones today, a few updates on the tragic Sunday death of Los Angeles Lakers' legend and NBC icon Kobe Bryant, who was killed along with his 13-year old daughter and seven others during a helicopter ride on a very foggy day just outside of L.A. While the shocking death of the 41-year old Bryant has reverberated around the globe, the pain of his loss was particularly acute here in Los Angeles yesterday.
In other Los Angeles news with national implications, we've got a bit more information on Friday's "conditional certification" [PDF] by CA Sec. of State Alex Padilla of L.A. County's new, 100% unverifiable touchscreen voting system set for first-time use in the upcoming March 3rd Super Tuesday Presidential primaries. Among the updates, we've got a bit more information on the so-called "hand-marked paper ballot" that Padiila has ordered be made available at Voting Centers "for any voter that requests to cast" one. It will, according to the Secretary's mandate, be a "write-in absentee ballot," modeled on the Federal Voting Assistance Program's federal write-in absentee ballot [PDF] --- meant as a ballot of last resort for overseas voters who do not receive a normal absentee ballot in time to cast a vote --- that requires voters to write in all of the names of the offices and candidates for which they would like to vote. As much confusion and chaos as L.A. County's new, $300,000,000 "Voting Solutions for All People" or VSAP voting system is likely to cause at the polls this year, the provision for a second-rate, hand-marked "write-in ballot" as the only means for casting a hand-marked ballot at the polling place, is likely to make things even more chaotic. We detail that, and a few other points related to the certification of the new system on Friday, despite a newly filed lawsuit and warnings from cybersecurity and voting systems experts after its failure to meet more than 40 California Voting System Standards, according to the independent testers hired to analyze the system during Padilla's certification process.
Next it's on to the President's lawyers' case being presented once again as we went to air today, in the U.S. Senate, where Ken Starr (yes, that Ken Starr, the Special Prosecutor who recommended impeachment against Bill Clinton for lying about an affair) argued hypocritically that Trump could not Constitutionally be impeached for Abuse of Power (Article 1 of the two Impeachment Articles against him), even though Starr's own recent book on impeachment explains that Abuse of Power was the capstone of Clinton's impeachment case in 1998. That, and his argument that impeachment was just too divisive to put the country through without a bi-partisan political consensus was a bit hard to stomach for those of us old enough to remember the Clinton impeachment.
But the most noteworthy Impeachment-related news today is John Bolton, Trump's former National Security Advisor, reportedly charging in a manuscript of his new book, according to the New York Times, that Trump was directly involved in the unlawful freeze of $391 million allocated to Ukrainian for military assistance, unless the Ukrainians agreed to turn over documents related to an investigation of Joe Biden meant to help Trump's 2020 reelection changes. That alleged Abuse of Power is at the heart of Trump's impeachment, and the manuscript of Bolton's forthcoming book reportedly charges that Attorney General Bill Barr, Sec. of State Mike Pompeo and Trump's Chief of Staff Mick Mulvaney were all directly aware of the scheme, according to the Times blockbuster report.
That explosive news on Sunday has, according to several different news outlets, led a number of key GOP Senators to rethink their previous votes against calling for new witnesses and documents in the Senate Trial. Will four or more Republican Senators now agree to vote in favor of subpoenaing Bolton and other related (and/or unrelated) witnesses? That appears to be the question of the moment in this matter as we go to air today, and one we open up to discuss with callers near the end of today's program...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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The Public Comment period regarding certification of Los Angeles County's 100% unverifiable new touchscreen Ballot Marking Device (BMD) system ends today (Jan. 20th at 5pm PT).
As we have been discussing in great detail recently on The BradCast, the new system failed its independent certification tests, by revealing more than 40 violations of California Voting System Standards. Nonetheless, CA Sec. of State Alex Padilla appears set to certify these horrific new unverifiable voting systems anyway in time for its first time county-wide use in the critical March 3rd Super Tuesday Presidential Primaries.
Here is the letter I wrote to the Public Comment address (VotingSystems@sos.ca.gov) earlier today, advising against the certification of these machines and in favor of HAND-MARKED paper ballots instead for all...
Is Bernie "unelectable" as many well-paid pundits and columnists have argued? We take an evidence based approach to that question on today's BradCast. [Audio link to full show is posted below.]
But first, with the end of the Public Comment period for certification of Los Angeles County's $300,000,000 boondoggle of a new, 100% unverifiable touchscreen voting system coming to a close next Monday, Jan 20th (Martin Luther King Day holiday!) at 5pm PT, it's great to see Libby Denkmann's comprehensive piece at LAist, on the potential nightmares for L.A. voters in the making. Her piece is headlined "LA's New Voting System Is Still Uncertified. Why Election Security Experts Are Worried". She picks up on many of the points we highlighted when we broke the story earlier in the week of more than 40 violations of California Voting System Standards discovered by the independent testing team hired by the CA Sec. of State during the certification process.
We also follow up on Denkmann's scoop from earlier in the week, regarding the Beverly Hills City Council's recent vote to explore a lawsuit against Los Angeles County because the new, unverifiable touchscreen voting system forces voters to notice a "MORE" button if they wish to see more than the first four candidates listed on the ballot in any particular race. That button is right next to the "NEXT" button that would take voters to the next race without seeing all of the candidates in the current race. A listener writes in with a couple of solutions to that huge design flaw on these incredibly expensive "electric pens" that L.A. is investing in, instead of a much cheaper, much more secure and reliable, overseeable HAND-MARKED paper ballot system.
Then, with many in the pundit class helpfully informing us that candidates like Bernie Sanders and Elizabeth Warren are just too progressive to be elected in the 2020 general election (many of these same pundits also told us Donald Trump could never be elected, by the way), we take an evidence-based look at those claims.
The question, however, begins with dismantling the notion that pack journalism and "conventional wisdom" on such matters should be trusted. For example, conventional wisdom tells us that members of the active-duty military will be big supporters of Trump's again this year. Actual evidence, such as the annual opinion poll of active-duty subscribers to Military Times, reveals a very different set of data than that presented by much of the media. That poll, taken at the end of last year, finds that half of respondents view Trump unfavorably, with 45% viewing him "VERY unfavorably". His overall ratings have dropped dramatically since the military publication's first annual poll in 2016. Moreover a plurality back impeachment for their Commander-in-Chief! (And today's Washington Post story on Trump railing at his Generals as "a bunch of dopes and babies" probably won't help him much either.)
In fact, as we discuss with our guest, historian, author and election fraud investigator RICHARD HAYES PHILLIPS, nobody really knows anything. At least when it comes to the paid pundits substituting their opinions for actual facts. Phillips published a fact-based analysis of the questions regarding Sanders electability at The BRAD BLOG on Friday, based on known raw numbers from the 2016 primary (with a particular eye on the "Blue Wall" states of WI, MN, PA, MI, IA and OH) and what can be gleaned from opinion polls today.
While avoiding punditry and predictions, Phillips' findings --- at least based on what we know at this time --- suggest that Sanders is, indeed, electable. Whether he would still be by the time Republicans got finished with him, or whether he is more electable than someone like Joe Biden or Elizabeth Warren, remains unknown no matter what the TV talking heads tell you. "Take your pick," he tells me when I ask whether his analysis today will hold up even after Trump and the GOP media turn their fire on Sanders if we wins the Democratic nomination. "Which three words do you want to hear Donald Trump say over and over again in the same sentence 10,000 times? Do you want to hear 'Biden Ukraine corrupt'? Do you want to hear 'Bernie crazy socialist'? Do you want to hear 'Pocahontas crazy socialist'? I don't even want to think about what he would say about Pete Buttigieg. I'm not going to go there."
Noting that his work "is based upon numbers and not opinions," he suggests voters should vote for who they like in the primary and forget about "electability", before adding his key takeaway: "The lesson to this is that the most important thing that Democrats can do is to unite behind the winner and not split the opposition. Trump's best scenario is a 3rd party candidate on the Left siphoning enough votes from whoever wins the Democratic nomination to throw the election to Trump."
Phillips argues: "My advice is that Democrats should not be afraid of a spirited primary contest between two or more viable candidates. What they need to do, as recent polling data also reveal, is united behind the ultimate winner. You can't just take your ball and go home and mope because your candidate didn't get the nomination. That's what Trump wants you to do."
It is certainly true that Republicans will say anything, do anything, to win the general election against whichever Democratic candidate ends up winning the nomination. We close with one amazingly audacious recent clip from House Minority Leader Kevin McCarthy (R-CA) on Fox "News" that underscores precisely that point...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Bombshells from Giuliani's right-hand man; GAO says Trump Ukraine scheme unlawful; Senators sworn to 'impartial justice' by SCOTUS Chief; Major design fail found in L.A.'s $300M vote system; L.A. County Clerk finally responds to our coverage...
Really just blockbusters and bombshells from top to bottom on today's BradCast. From historic impeachment proceedings to game-changing disclosures to potentially big legal trouble for L.A.'s imperiled new touchscreen voting system. [Link to complete show is posted below summary.]
First up, the historic Impeach Trial of Donald John Trump got officially under way in the U.S. Senate today, with a solemn oath-taking ceremony administered by Chief Justice of the U.S. Supreme Court John Roberts who will preside over the trial that could determine whether Trump remains President of the United States.
But before we even got there on Thursday, the non-partisan Government Accountability Office (GAO) came out with its finding that the Trump Administration did, indeed, violate federal law last year when it withheld hundreds of millions of dollars in aid to Ukraine as appropriated by a bipartisan vote of Congress. "Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law," the decision says, finding that the White House Office of Management and Budget (OMB) "withheld funds for a policy reason, which is not permitted under the Impoundment Control Act." That matter is at the heart of Trump's impeachment.
But before the GAO findings were released on Thursday morning, or Senators could take their oath to do "impartial justice" as jurors on Thursday afternoon as the impeachment trial began, Rachel Maddow's Wednesday night blockbuster interview on MSNBC with Lev Parnas, the Soviet-born right-hand man to Trump's personal attorney Rudy Giuliani, shook up just about everything and everybody. Parnas, facing charges of campaign finance violations, sung --- and sung like crazy. On everybody. "Everybody was in the loop," he said.
He claimed Donald Trump knew from the jump about the scheme to strong-arm Ukraine to announce an investigation of Joe Biden to help his 2020 reelection bid. So did Vice President Mike Pence, former National Security Advisor John Bolton, Secretary of State Mike Pompeo, Congressman Devin Nunes and even Attorney General William Barr. We share a few clips from Maddow's jaw-dropping scoop of an interview --- with a recommendation that you go check out the whole thing (which is set to have a Part 2 on Thursday night), before we move on to a few blockbusters and bombshells closer to home out here on the west coast.
Earlier in the week, we broke exclusive details on the pending certification of a brand-new, $300,000,000 unverifiable touchscreen voting system set for first time use in Los Angeles County --- the nation's largest --- in this year's March 3rd Super Tuesday primary elections. As we reported, independent testers hired by the Sec. of State's office to carry out certification testing of the new systems discovered more than 40 violations of California Voting System Standards as the Public Comment period for certification of the County's "Voting Solutions for All People" or VSAP system ends this coming Monday. Given the enormous problems with the system set for use in the critical 2020 Presidential election, we have been urging voters to send public comments seeking a HAND-MARK paper ballot system instead of the failed, unverifiable new touchscreen systems, to the Sec. of State at VotingSystems@sos.ca.gov.
All the while, L.A. County Registrar-Recorder/County Clerk Dean Logan has refused, for months, to respond to our serious questions about the systems or appear on the show. Well, we've got some new news today on all of that, including a potential lawsuit by the City of Beverly Hills, whose City Council, according to LAist's Libby Denkmann, has voted to approve a suit after discovering the effects of a serious design flaw in the system. The new VSAP tablets only display four candidates per race, before a voter must select a "MORE" button to be taken to a second page. That "MORE" button is right next to the "NEXT" button on the tablet voting system. And that "NEXT" button, takes voters to the next race on the ballot without voters ever even seeing the additional candidates in the race. This is a very serious flaw that is likely to cause havoc for candidates whose random positions on the ballot come as Number 5 or higher in any given race, including in the upcoming Presidential primaries. (If I'm Dean Logan today, I am praying that Bernie Sanders doesn't draw the fifth or later position on the March 3rd Democratic ballot!)
That matter is just one of several that Logan has either refused to speak to or has mislead on when I questioned him, or tried to, as I detail on today's program. But, given the noise we've caused over the past several days with this on The BradCast, Logan finally deigned to offer a Twittered response, excoriating our coverage of the certification testing failures. We share his misleading response in full on today's program, along with a number of the serious points that he either failed to respond to at all, or is attempting to mislead the public about in his tweeted answers. (For example, the fact that after a computer-marked ballot has been supposedly "verified" by the voter, it is sent back through the same printer path where it could be changed by the system with no way for the voter to ever know.)
Finally today, as if that's not enough blockbusters for you, Desi Doyen joins us for the latest Green News Report with our special coverage of Tuesday night's 2020 Democratic Presidential Debate in Des Moines, the last one before voting begins next month, and one in which our climate crisis, at long last, was front and center throughout much of the forum, happily enough...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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On today's BradCast, after a necessarily quick news round-up today (on Cory Booker dropping out of the Democratic Presidential nominating contest and the Trump Administration's continuing attempt to lie about about Donald Trump's unlawful assassination of Iranian General Qassem Soleimani), we get on to the most important business of the day --- at least for voters in the state of California, though all across the country as well.
Brand-new, 100% unverifiable computer touchscreen Ballot Marking Device (BMD) voting systems, which all voters at the polls will be forced to use for the first-time in the 2020 Presidential election in Los Angeles County, beginning with the March 3rd Super Tuesday primary, are currently undergoing the CA state certification process. The $300 million system is failing state security and certification testing miserably, according to documents buried at the CA Sec. of State website, and reported on today's program for the first time.
In addition to producing a computer-marked ballot that can never be verified as reflecting any voters' intent after an election, documentation of state certification tests of the new "Voting Solutions for All People" system (or VSAP), reveal a myriad of incredibly serious security failures and violations of state law, according to experts we've consulted.
As we detail on today's program, the testers have discovered, among other very serious concerns, more than 40 violations of California Voting System Standards, including findings that reveal:
The VSAP system can be booted from a USB drive that would bypass all security and logging protections and that access to the master account is needed for too many things, meaning that "too many people have access to the root password," according to state testers. That means "The excessive root access and the ability to boot the system from a USB port give access to the system by unauthorized individuals. Either scenario can result in undetected changes to files and data...Both scenarios can allow functions to be executed in non-intended ways. The unrestricted access to, and the ability to boot from, the USB port allows access to voting data";
Many problems were discovered with security regarding encryption and cryptography in the new system;
The testers discovered "It is possible to insert or remove ballots from both the BMD and ballot transfer boxes without detection";
"The printer cover allows access to the ballot box and can be opened without detection";
"Seals, locks, labels and sensors can all be bypassed" without detection.
Those are just some of the many findings that led one national voting system and cybersecurity expert to wryly describe the results to us as "not good" and another to describe the system as "a security fail".
Nonetheless, CA Secretary of State Alex Padilla could still certify the systems for use in the 2020 primaries and general election anyway, following the passage of a law he championed in 2013 as a State Senator that gives the SoS the ability to approve the use of new voting systems, even if they fail both federal and state testing, for actual elections.
The very quiet Public Comment period regarding certification of the unverifiable, unsecure VSAP touchscreen computer voting system ends next Monday, Jan. 20, 2020 at 5pm Pacific Time. We are urging those concerned to contact the state at VotingSystems@sos.ca.gov immediately to ask them to not certify this dangerous, unverifiable system, and to require a HAND-MARKED paper ballot for all voters at the polling place in this year's crucial primary and general elections.
We offer much more frightening detail on all of this on today's program regarding the dangers of this type of voting system as they are proliferating not just in Los Angeles County, but also in key battleground states such as Georgia, Pennsylvania, North Carolina and many others before the critical 2020 elections begin in just weeks time!
We appear to be the only media outlet, to our knowledge, reporting this important information on the failed VSAP tests out of California, so please share widely! We cannot afford to wait until corporate media bother to notice (such as NBC News, which just noticed on Friday a very serious concern about modems in voting systems in several battleground states that we had covered on The BradCast more than six months ago!)...
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Dems and Reps charge Admin has no evidence of 'imminent threat' before Soleimani assassination; Ukrainian passenger plane believe downed by Iranian missile; New study confirms new computer BMD voting systems should not be used in 2020; Trump guts landmark environmental rule...
On today's BradCast, a whole lot of evidence as to why Desi Doyen calls us "your early warning system". [Audio link to show posted beneath summary below.]
Among the stories covered today...
The deadly and dangerous fallout continues from Donald Trump's assassination of Iranian General Qassem Soleimani, with Democratic and Republican members of Congress from both the House and Senate, blasting the Administration for failing to provide evidence of an "imminent attack" which might have legally justified Trump's targeted killing of the second most powerful public official in Iran. Members who attended classified briefings by top Administration officials on Wednesday were outraged by the failure of those officials to provide the information they claimed they had regarding the killing. Without that information, Trump's targeted assassination of Iran's top military general was very possibly in violation of both domestic and international law. But are Democrats enraged enough to bring another article of impeachment over it?;
Not all Congressional members were upset by the classified briefing. Some, like Rep. John Rutherford (R-FL), charged that members such as Rep. Pramila Jayapal (D-WA), who claimed after the briefing that Trump "recklessly assassinated" Soleimani with "no evidence of an imminent threat or attack", was actually an "Ayatollah sympathizer" who was "divid[ing] our country" (Seriously. That's what he said. Rutherford's challengers this year are Donna Deegan and Christopher Eagle on the Democratic side, and 20-year Navy vet Dr. Erick Aguilar in the August Republican primary in the state.);
In related matters, as we surmised based on available evidence during yesterday's BradCast, U.S. officials today are now confirming their belief that the Ukrainian Airlines passenger jet that crashed minutes after takeoff from the airport in Tehran on Wednesday was, in fact, shot down by an Iranian missile. The crash killed all 176 on board just hours after Iran's non-lethal ballistic missile revenge attack on Wednesday in response to Trump's killing of Soleimani last week. Officials in the U.S., Ukraine and Canada (which lost 63 residents in the tragic disaster) believe Iran might have mistaken the passenger flight for a military response from the U.S. that night. Along with the 56 killed during a stampede amidst the massive funeral processions for Soleimani, the death toll of Trump's action has been extraordinary. How any of this has made Americans safer is anybody's guess;
In election news, a new, landmark study [PDF] was released this week by computer scientists, cybersecurity and voting systems experts at the University of Michigan. It finds that new, touchscreen computer Ballot Marking Devices (BMDs) --- which we have long been warning about, and which are now proliferating the country in advance of the critical 2020 Presidential election --- are "extremely unsafe" and vulnerable to undetectable hacking.
Most alarming (at least to those who haven't heard the same loud warnings from BradBlog.com and The BradCast for many years now) is that the researchers found that in a mock election, where they had rigged the new voting systems to misprint a voter selection on the computer-marked paper ballot printouts, more than 93% of voters failed to notice that their vote had been changed by the computer! 93%!
And yet, these all-new, vulnerable, 100% unverifiable touchscreen voting systems are now being deployed to battleground states like Pennsylvania and Georgia and North Carolina, and even to the nation's most populous voting jurisdiction, Los Angeles County, in advance of this year's elections! We explain the study's disturbing findings and what you can do to try and avoid having your vote lost to a touchscreen Ballot Marking Device in your home jurisdiction;
Finally, Desi Doyen joins us for our latest Green News Report, with some good news (coal plant shutdowns have save some 26,000 American lives!), scary news (new findings that Trump's EPA and FEMA are not prepared for disasters) and terrible news (the Trump Administration is announcing a new rule that would do away with most environmental impact studies before construction of major federal projects, such as roads, bridges and even oil pipelines!)...
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Speaker holds back Trump impeachment articles to force McConnell to allow witness testimony; Also: Goods news for NJ, GA voters; Update on VerifiedVoting.org controversy; Two important new e-voting exposés...
On today's BradCast: As messy as the process of passing two Articles of Impeachment against rogue President Donald J. Trump was, the post-impeachment phase got messier still on Thursday, as Democrats stood strong --- at least so far --- in their fight for a fair impeachment trial in the Republican-controlled U.S. Senate. We've also got some important election integrity and voting rights news, along with our final Green News Report of the year. [Audio link to show follows below.]
Before we get to today's impeachment standoff, we finish out a few points from shortly after we left air on Wednesday night, including a review of the late vote on those historic Impeachment Articles in the House --- and some thoughts on Tulsi Gabbard's less than courageous vote of "present" --- as well as the surprising emergence of the backbone being displayed at the moment by House Democrats.
In a blistering response to Senate Majority Leader Mitch McConnell's repeated admissions in recent days that he is working hand-in-glove with the White House and has no intention of serving as an impartial juror in the Senate trial to decide whether the President should be removed from office, despite his Constitutional mandate to do so, House Speaker Nancy Pelosi told reporters on Thursday: "Our Founders, when they wrote the Constitution, suspected that there could be a rogue President. I don't think they suspected that we could have a rogue President and a rogue Leader in the Senate at the same time."
We do our best today to bring you up to date on the ugly and quickly moving story of what has come today from McConnell's --- and, shamefully, fellow juror, Sen. Lindsey Graham (R-SC)'s --- attempt to make a mockery of the Senate trial by rigging it in favor of the White House in refusing to allow first-hand testimony from witnesses of Trump's alleged high crimes and misdemeanors. That, despite Graham's own insistence from 1998, when he served as a House Manager for Bill Clinton's impeachment, that "in every trial that there has ever been in the Senate regarding impeachment, witnesses were called. When you have a witness telling you about what they were doing and why, it's the difference between getting the truth, the whole truth and nothing but the truth."
Those archival video-taped remarks came courtesy of an ad released on Wednesday from Republicans for the Rule of Law to call out Graham. It is in response to McConnell and Graham's refusal to allow testimony from a number of top Administration officials who were first-hand witnesses, but who failed to answer lawful subpoenas for testimony and documents in the U.S. House. The witnesses sought by Democrats and by a huge majority of Americans of all parties (including 64% of Republicans and 72% of independents) include Trump's acting Chief of Staff Mick Mulvaney, Sec. of State Mike Pompeo, and former National Security Advisor John Bolton.
Then, we move to some quick election integrity and voting rights news as the first votes in the 2020 elections are now just weeks away. In New Jersey this week, the Democratic Governor signed a bill to restore voting rights to 73,000 people across the state who are currently on parole or probation.
In Georgia, after Republican Sec. of State Brad Raffensberger was allowed to purge more than 300,000 voters earlier this week amid an ongoing lawsuit to prevent the removal of at least 120,000 of them, his office was forced to admit today that at least 22,000 had been wrongly removed due to what Raffensberger's office describes as an error in the state's screening process. The Admission came just hours before another hearing in federal court, leading plaintiff Fair Fight Action to demand that "every voter purged this week" should be "reinstated immediately."
We also have a quick update on the recent internecine battle at e-voting watchdog VerifiedVoting.org after the courageous resignations of now two well-respected members of their Boards of Directors and Advisors. (We interviewed the first of those to quit, Prof. Philip Stark of UC-Berkeley on a BradCast last week, after which the resignation of the second, Prof. Rich DeMillo of Georgia Tech --- who we have also interviewed a number of times --- was made public as well.)
The public resignations were in response to Verified Voting's disturbing years of support for 100% unverifiable touchscreen Ballot Marking Device (BMD) voting systems now proliferating the country in advance of the critical 2020 elections, and their frequently misleading information about how post-election audits could be used to verify results on such unverifiable systems. This week, the group finally responded to the embarrassing and costly pushback they have been receiving from Election Integrity advocates.
There were also two very important stories published this week on the very serious concerns about e-voting systems in advance of 2020. The first, "How New Voting Machines Could Hack Our Democracy," by attorney and Twitter activist Jenny Cohn at New York Review of Books, is a disturbing and encyclopedic exposé on the dangers and failings of BMDs, the Election Integrity groups such as Verified Voting who have failed to adequately warn against their use in American elections, and the private vendor/election official revolving doors and payoffs that have brought us to this perilous moment.
The second investigative article, out today from NBC News, reviews the shady ownership and shadowy manufacturing processes that runs through China and the Philippines at the nation's largest electronic voting company, Elections Systems & Software, Inc. (ES&S) of Omaha, Nebraska.
Finally, Desi Doyen joins us for the latest Green News Report (our last one of the year!), with more disturbing news out of Australia, more bad news for our oceans, troubling news about the disturbing high costs of fracking and, shockingly, some kind words about global financial services behemoth Goldman Sachs!...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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On today's BradCast: I've seen a lot of scams pulled off by the nation's largest (and, arguably, most failed) private voting system vendor over my more than decade and a half of covering Election Integrity in the U.S. But what ES&S is now trying to pull off in North Carolina may take the cake. It has also outraged a State Senator who is running for U.S. Senate in 2020 who joins us on today's show to discuss it. [Audio link to show follows below.]
First up today, however, a quick Impeachment update. Freshman Democrats --- both progressives and Blue Dogs --- have begun a campaign to have former Tea Party Republican-turned-independent Rep. Justin Amash serve as one of the House impeachment managers in the (most likely) upcoming impeachment trial in the U.S. Senate of Donald J. Trump. It's an excellent idea....which is why we originally suggested same as far back as May of this year.
Meanwhile, very late on Sunday night --- actually, very early Monday morning --- the House Judiciary Committee submitted its 169-page impeachment report [PDF] to the House Rules Committee, charging that Trump committed "multiple federal crimes" including bribery and wire fraud. The Rules Committee will pass that report on to the House Floor where a vote on two Articles of Impeachment on Abuse of Power and Obstruction of Congress is set to occur as soon as Wednesday. If all goes as generally planned, the Articles will be conveyed to the U.S. Senate for a trial to remove the President after the first of the year.
Over the weekend, Democrats, including House Judiciary Chair Jerrold Nadler and Senate Minority Leader Chuck Schumer, pushed back against Senate Majority Leader Mitch McConnell's recent admission on Fox "News" that he is coordinating "everything I do...with White House counsel" regarding impeachment. Nadler described McConnell's statements --- since Senators serve as supposedly impartial jurors in Senate impeachment trials --- as a "subversion of Constitutional order", noting that the Constitution requires Senators take an oath to do impartial justice before serving as jurors in such trials.
For his part, Schumer over the weekend sent a letter to McConnell requesting subpoenas for four Trump officials, including Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton, to serve as fact witnesses during the trial. If Republicans will not allow witnesses in the trial, some have called for Dems to hold off the trial until the courts determine whether subpoenaed witnesses must testify to Congress, or until after next year's election, should Trump be reelected.
But speaking of the possibility of Trump's reelection, we have been covering in detail the insane deployment of 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in jurisdictions around the country in advance of 2020. Most notably, battleground states Georgia and Pennsylvania tried them out for the first time in last month's off-year election and the systems failed miserably, even during sparsely attended municipal elections, with some voters being forced to wait for an hour to cast their ballot. In Northampton County, PA machines the new ES&S ExpressVoteXL systems recorded zero votes for a candidate who, as it turned out, actually received tens of thousands. Last week ES&S issued an apology for the disaster, taking at least some responsibility for having misprogrammed and/or misconfigured the systems that were used for the first time last month in Northampton and Philadelphia.
At the same time last week, it was revealed in an excellent investigative exposé by Jordan Wilkie at Carolina Public Press, that ES&S, who is submitted one version of their ExpressVote BMD systems for state testing and certification in North Carolina in early 2017, only recently notified the state that they don't have enough of those machines to supply the needs of the state next year. Coming after a two year testing process which ended with certification in August, ES&S is now seeking "Administrative Approval" to skip the state certification and testing process on an updated version of the system. That, even as they had told many other states long ago, according to Wilkie, that the system being tested in NC would not be available for 2020.
Incredibly enough, last Friday, the NC State Board of Elections voted to allow the "Administrative Approval" sought by the company of the new system which many are describing as a "bait and switch" by ES&S. More incredibly, it was passed by the SBE on a 3 to 2 vote, with the Democratic-appointed Board Chair joining with the Board's two Republican members to greenlight the new, untested systems, now set for use in Mecklenburg County next year. Mecklenburg is the closely divided swing-state's largest and most Democratic-leaning county.
We're joined today by STATE SEN. ERICA D. SMITH who has been outspoken and outraged by ES&S's latest scam, along with the SBE's willingness to go along with it. She tells me that the "Administrative Approval" is in violation of state law that she helped pass, and that she intends to take action to try and reverse last week's vote by the Board.
"Unfortunately, they [the Board of Elections] once again supported a machine that has not been tried and tested," she says today. "We passed a law that de-certified all of the older voting machines and required re-certification of the new models. So, in my opinion, they have broken the law or circumvented the law, and have further created disintegration of the public trust in our free and fair and secure elections in North Carolina." Smith calls for hand-marked paper ballot systems to be used instead, and describes falling for ES&S' bait-and-switch scheme and subsequent use of BMDs at this point as "unfathomable".
Smith, a three-term Senator and an engineer by training, also explains that verifiable and more secure hand-marked paper ballot systems are far more inexpensive than the system ES&S is pushing and that both the state Board and Mecklenburg County appear to be falling for. "We should not be substituting convenience for election security," she warns. ES&S "waited until the absolute last opportunity to tell us in North Carolina that they were not going to be able to meet the demand. But they knew that at the time when they accepted the bid." Smith rails. "Once again, it shows that ES&S is indeed a bad actor in this. They have compromised the integrity of this process and we should not let them get away with it."
Smith, a progressive Democrat, is also running for the U.S. Senate nomination in NC next year, vowing to forego all corporate PAC donations and hoping to take on Republican U.S. Senator Thom Tillis in November. She currently leads her closest competitor, Cal Cunningham, for the nomination by 5 points, according to polling last month, and bested Tillis in a head-to-head match-up by 7 points, according to a poll taken earlier this year. And yet, both state and national Democrats have endorsed her opponent, Cunningham. We discuss ALL of these various outrages during a very lively interview with Smith on today's BradCast!...
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Guest: Prof. Philip B. Stark, inventor of post-election Risk-Limiting Audits on his resignation from e-vote 'watchdog' VerifiedVoting.org; Also: A tale of two KY Governors and one corrupt U.S. Senator...
On today's BradCast, we continue down the long and often-too-winding road toward democracy and justice. [Audio link to show is posted below.]
After some 14 hours of debate on Thursday, the U.S. House Judiciary Committee made history on Friday morning by voting along party lines to approve two Articles of Impeachment --- for Abuse of Power and Obstruction of Congress --- against Donald John Trump. It is only the fourth time in America's 243-year history for such a "solemn and sad" event. But Republican Senate Majority Leader Mitch McConnell couldn't even wait for this morning's vote before declaring out-loud on Fox "News" Thursday night that he intends to rig the U.S. Senate's impeachment trial. The Kentucky Senator (who is up for re-election next year) and leader of the Senators who will serve as jurors in the impeachment trial to consider removal of the President early next year --- presuming the full House votes to adopt the Articles next week --- boasted that he has been colluding with the accused in order to assure the Senate trial will be anything but fair.
Speaking of Kentucky and the importance of uncorrupted democracy, on his way out the door, now thankfully-former Republican Tea Party Governor Matt Bevin, who narrowly lost reelection last month in the otherwise "red" state to Democrat Andy Beshear, pardoned and/or gave commutations to 428 convicted criminals. Among those granted clemency are a convicted child rapist, a man who hired a hit man to kill his business partner, and a third who killed his parents. Perhaps most appalling, however, was the pardon for a home-invasion murderer in the second year of his 19-year sentence, after the man's family threw a fund-raiser for Bevin's campaign just last year. (His two accomplices, whose families did not donate to the Governor, remain in jail.)
By way of contrast, the new Democratic Governor, on his second day in office this week, restored voting rights and the right to run for public office to some 140,000 non-violent former felons, leaving Iowa as the only state in the union which still bans all former felons from voting for life. Yes, voting and elections still matter.
But the right to vote and have that vote counted accurately, in a way that we can know it has been counted accurately, continues to be an ongoing fight for Election Integrity advocates across the country as we are weeks away from the start of voting in the 2020 Presidential race. On Friday, several such groups filed a lawsuit in Pennsylvania to block the use of brand new, 100% unverifiable touchscreen Computer Ballot Marking devices made by ES&S, and set for use in the key battleground state next year, after the systems failed to correctly record tens of thousands of votes during last month's municipal elections. The suit seeks to block the new touchscreen systems from use and to require hand-marked paper ballots instead in at least 17 percent of the state, including Philadelphia. Failure in that much of the state next year would be more than enough to throw the results of the 2020 Presidential election one way or another in the critical swing-state.
After those new systems failed so catastrophically during their first use last month (as new, similarly unverifiable touchscreen systems did in Georgia on the same day), long-time, previously well-respected e-voting watchdog group VerifiedVoting.org seemed to help both elections officials and private vendors off the hook by endorsing so-called Risk-Limiting Audits of some of the computer-marked paper ballot summaries produced by the systems in both states.
That appears to have been the last straw for Verified Voting's Board of Directors member Prof. PHILIP B. STARKof UC-Berkeley. Stark, a math and statistics professor, as well as a Board of Advisors member on the US. Election Assistance Commission (EAC) is the inventor of the post-election Risk-Limiting Audit (RLA) protocol. He has been trying, in recent months, to make clear to elections officials and vendors that RLA's of computer-marked (versus hand-marked) paper ballots are "meaningless" [PDF], because its impossible to verify that they reflect voter intent. With Verified Voting jumping in to publicly praise GA and PA's use of such tests to proclaim that reported results accurately reflected voter intent, Stark submitted a blistering resignation letter [PDF] to the group.
The missive, which he shared with me on the night he recently sent it, decries VV's "whitewashing [of] inherently untrustworthy elections by overclaiming what applying RLA procedures to an untrustworthy paper trail can accomplish." He accused the non-profit, non-partisan organization of "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes." His resignation letter charged that the result of VV's action was "security theater, not election integrity."
Stark joins us on today's program to discuss the response to his resignation from leadership at Verified Voting and the other well-respected, world-class cybersecurity and voting systems experts who serve on its Board (many of whom have appeared as guests on The BradCast and sources for BradBlog.com over the years). "Verified Voting retracted a tweet that had claimed that Risk-Limiting Audits, or audits to be conducted in Pennsylvania, would confirm outcomes when they suffered from the same flaw that the audits in Georgia did," he says. "I think in general, the board and I are sorry to part ways. I would gladly go back, if they revised their public position with regard to what audits of an untrustworthy paper trail can possibly accomplish."
[Update: No sooner did we get off air tonight, than the resignation of yet another, very well-respected VV Board Member, Prof. Rich DeMillo of Georgia Tech and former Chief Technology Officer at Hewlett-Packard, became public as well. DeMillo's most recent appearance on The BradCast is here. His resignation letter and a story about it is now posted here.]
Stark also explains --- as I've been very skeptical of the efficacy of post-election audits for many years, for reasons described on the program --- how RLAs work and/or don't. He tells me what type of voting systems he believes to be best for the secure and overseeable casting and counting of votes in American elections (hint: no computers necessary), and much more, including a conversation about just some of the many dangers of computer Ballot Marking Devices (BMD) proliferating the country for 2020, and the ability for voters to cause chaos with them by reporting --- either accurately or not --- that the systems have misprinted their votes on Election Day.
"They're completely vulnerable to crying wolf. Even if an election official trusts public complaints that their votes were altered or contests were missing, then their only recourse is to run a new election, and that opens the possibility for people colluding to cry wolf and have an election invalidated. In the other direction, the incentives are stacked in favor of election officials saying, 'well, it was probably just voter error, we're going to let it stand.'" That, argues Stark, is exactly what we saw last month in Northampton, PA, when elections officials and ES&S claimed that "just by re-tabulating the paper that was printed by technology that malfunctioned big time, they can figure out who really won. It's farce."
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Impeachment debate continues in House Judiciary, Newspapers are in support; First 2020 ballots go out in two weeks; St. Louis County, MO's easy move from touchscreen to hand-marked paper ballots...
Desi and I are back for today's BradCast --- (thanks for saving us over the past three day, Nicole Sandler!) --- as the House Judiciary Committee's debate over two Articles of Impeachment against Donald J. Trump continues and with the first ballots for the 2020 elections set to be mailed out in just over two weeks. That, even as many jurisdictions around the nation are still choosing between gambling on faulty new electronic voting systems or moving to safe, verifiable hand-marked paper ballot systems. [Audio link to full show follows below.]
Among the stories covered today...
Dems continue to make Trump's reelection easier for him with fresh compromises in Congress, including approval of his new Space Force military branch and expanded paid parental leave for millions of federal workers (as also supported by Trump);
The (so far) two-day markup of the Democrats' two Articles of Impeachment against Trump continued into Thursday after opening statements on Wednesday night. We share some notable and pointed clips from Democratic Reps. Steve Cohen (TN), on the President's attempts to undermine American democracy itself; Pramila Jayapal (WA), who accurately describes Trump as "the smoking gun"; and Veronica Escobar (TX) who offers a great analogy to explain how Trump's attempt to force Ukraine to help him in the 2020 election would have landed any other public official in jail;
In an attempt at fairness, we searched for hours (and hours) to find remarks from the Republican minority that were not comprised of blatantly false claims, wholly misleading information and/or out and out lies. We failed. We did find Rep. Ken Buck (R-CO), however, apparently characterizing 2016 Green Party Presidential candidate Jill Stein as a "Democrat" and falsely claiming that she filed "a frivolous lawsuit...claiming voting machines were rigged in three states" in 2016. She did no such thing. Nor did anybody else to our knowledge. But that's the sort of knowingly fake news Republicans are now using to try and defend their President from impeachment. They are also claiming that "Abuse of Power" and "Obstruction of Congress" are not actually high crimes and misdemeanors (which would likely come as a delightful surprise to Richard Nixon);
Three years into his Presidency, major newspapers are now finallyjumping in to support Trump's impeachment --- now that he is already being impeached. That, after many of those same courageous outlets called for Bill Clinton to resign from office within just days of a sex scandal that resulted in his own impeachment. But we do offer some well-deserved kudos to the American Conservative magazine, for their non-hypocritical support of Trump's impeachment, find the case to be "Overwhelming";
As to what We, The People, can do about all of this, the first ballots of the 2020 Presidential Primaries will be sent out as early as December 28, just two weeks from now, for military and overseas voters participating in New Hampshire's February 11 primary. And voters from more than a dozen states which are holding Super Tuesday primaries on March 3rd --- including Alabama, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont and Virginia --- will begin receiving Vote-by-Mail ballots in just over a month, as of January 18. That's before the Iowa Caucuses on Feb. 3 or the New Hampshire primary on Feb. 11;
Nonetheless, there are still many jurisdictions around the country fighting to determine exactly which voting systems they will be using at the polls in the 2020 elections. Recent failures of brand-new touchscreen voting systems in Pennsylvania, Georgia and Texas should spook officials and voters alike, even as officials in the battleground state of North Carolina are facing big problems with their plans to use similarly unverifiable systems.
Meanwhile, in Missouri, the most populous jurisdiction in the state, St. Louis County, was able to move seamlessly from unverifiable touchscreen systems to a brand new, completely verifiable, "Print-on-Demand" hand-marked paper ballot system last month with no complications, and at a saving of some $3 million for tax payers!;
Finally, Desi Doyen joins us for both good news and bad in our latest Green News Report, as Exxon is exonerated in a big climate fraud case, while 16-year old climate activist Greta Thunberg is named TIME Magazine's 2019 "Person of the Year"!...
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Also: Federal Judge says McGahn must testify; GA SoS attempts to intimidate election experts; High profile resignation at Verified Voting; Callers ring in after blockbuster impeachment week...
Hmmm....That's interesting. With all of those pro-Trump callers we had last week after Week 1 of impeachment hearings, there were none willing to call in to today's BradCast to defend the President after the bombshells of Week 2. I wonder why. [Audio link to show follows below.]
Before we get to those calls today, a few other news headlines of note that we've been trying to get to for several days (and hope to cover more in coming days), but for our impeachment coverage over the past week. Among those stories...
Georgia's new Republican Sec. of State Brad Raffensperger is attempting to intimidate election integrity and computer science experts by announcing official state investigations of their activities. The recently announced probes are of prominent experts, several of whom have appeared on The BradCast as guests multiple times. They have been critical of Raffensperger for installing new, hackable, unreliably and 100% unverifiable touchcreen Ballot Marking Device (BMD) voting systems across the state before 2020, despite the new systems' disastrous performance failures in the counties which pilot tested them in the recent 2019 off-year elections;
The inventor of the Risk-Limiting Audit (RLA) protocol, used by some jurisdictions to (supposedly) assure that computer tabulators correctly tallied voter intent when reporting election results, has resigned from the previously well-respected voting system watchdog group Verified Voting. Prof. Philip Stark of UC Berkeley has been critical of the group on which he served on their Board of Directors, for helping to validate what he describes as "meaningless" [PDF] post-election audits in jurisdictions --- such as Georgia and Philadelphia --- where unverifiable BMD systems are used to mark paper ballot summaries. He argues that only hand-marked paper ballots can be known to reflect voter intent, and that RLA's of computerized ballots is likely to offer a false sense of security in results produced on such systems. Stark sent a dramatic resignation letter over the weekend, blasting VV for "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes (and debasing the meaning of "RLA" in the process)";
In related-ish news, but far more hopeful news, the New Jersey Assembly voted to restore voting rights to some 83,000 people on parole & probation. The measure would overturn a law adopted in 1844, but must still be approved in the state Senate and sighned by the Governor;
And, in breaking news just as today's show began, a federal court judge has ruled that Donald Trump's former White House Counsel Don McGahn must respond to a lawful U.S. House subpoena for documents and testimony related to Special Counsel Robert Mueller's probe, during which McGahn testified that Trump attempted to obstruct justice at least 10 different times. While the ruling is likely to be appealed by Trump's Dept. of Justice, the order to testify would also likely apply to a host of top Trump officials who have refused to answer Congressional subpoenas in the Trump/Ukraine affair for which he is currently facing an impeachment inquiry, after the Administration has claimed "absolute immunity" from Congressional oversight.
Speaking of which, we summarize last week's explosive impeachment hearings today, and cover a number of new, related stories which broke over the weekend before opening the phones to callers. Last week, when we did same after Week 1 of public testimony in the U.S. House Intelligence Committee, we heard from a number of callers who remained strongly opposed to Trump's impeachment and removal. Today, however, when we opened the phones to listeners to take their temperature after the several blockbuster revelations of Week 2, those callers were nowhere to be found...Go figure!
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