With a brief break in the hot impeachment action, we're able to pick up on a couple of stories on today's BradCast that got buried yesterday, some breaking news from today, a continuing story that should have everyone's hair on fire right now (in advance of the 2020 elections!) and, sadly, the story that already has the planet on fire. [Audio link to show follows below.]

First, some quick news on today's school shooting in Southern California, north of Los Angeles, where a 16-year old shot five students from 14 to 16-years of age. So far, two are reported dead and the shooter is said to be in grave condition from a self-inflicted wound from his .45 caliber semi-automatic pistol.

On Wednesday, Trump lost yet again in one of his many different lawsuits seeking to block the release of his taxes to Congress and state prosecutors. The latest defeat was the refusal yesterday by the full U.S. Court of Appeals in D.C. to rehear his lawsuit seeking to block the U.S. House Ways and Means Committee's subpoena of his accounting firm, Mazars USA, seeking several years of his financial records. With that loss, the case will now almost certainly be going to the Republican's stolen U.S. Supreme Court (on which two of Trump's appointees now sit). And in Trump's separate and so-far-similarly unsuccessful suit in federal court in New York, seeking to block the release of tax documents from Mazar's in the state's criminal probe involving Trump's hush-money payoffs before the 2016 election to women with whom he was having affairs, his attorneys on Thursday officially filed their appeal with SCOTUS.

In elections news, former Massachusetts governor Deval Patrick, a conservative Democrat, has announced his late entry into the race for the 2020 Democratic Presidential nomination. And both Trump and Republicans are going all in to try and win the Gubernatorial runoff this Saturday in Louisiana, in hopes of avoiding another Kentucky-style embarrassment.

Last week, Trump went all in for KY Governor Matt Bevin, who reportedly came up a few more than 5,000 votes shy of defeating Democratic challenger Andy Beshear. Bevin refused to concede last week, however, requesting a recanvass that was carried out by the state today. The procedure --- essentially re-checking the same computer-reported numbers again --- resulted in few changed votes, unsurprisingly. So, Bevin finally announced his concession. But that came only after his election night claims of "well-corroborated" voter fraud, including thousands of illegally cast votes.

While his promise of evidence never materialized in the week since the election, Bevin recently changed his argument to focus on concerns about the state's electronic voting and tabulation systems. While there is scant evidence of problems on that score (all the other Republicans on the statewide ballot last week, other than the unpopular Bevin, won their races), his newly found concerns --- whether he actually means them or not --- regarding the difficulty of voters to oversee and have confidence in the accuracy of electronically-cast and tabulated results, should be taken to heart by voters of all parties. These concerns are real, and could have a devastating effect on next year's elections.

To that end, one need look no further than the many disasters we've been reporting on over the past two weeks that befell voters attempting to use brand-new touchscreen computer Ballot Marking Devices (BMDs) in the key swing states of Pennsylvania and Georgia last week. In the roll out of the new systems in those states, which many election integrity and cybsersecurity experts warned strongly against, many voters were unable to vote at all. Some faced hour-long wait times --- during sparsely attended, off-year municipal elections! --- followed by completely inaccurate results reported by the computers.

For example, some candidates reported receiving zero votes at some precincts in Northampton County, just outside of Philadelphia (which also used the same new systems last week for the first time, despite warnings from cybsersecurity experts, and had similar problems.) In a contest for County Judge in Northampton, a Democratic candidate for County Judge reportedly received just 164 votes out of more than 100 precincts reporting on Election Night. In fact, as a manual examination of computer-printed records revealed, he is believed to have received 26,142 votes instead.

Unfortunately, there is no way to know if even that number is correct on the County's new 100% unverifiable BMD systems, which are proliferating across the nation, including PA, the entire state of GA next year, and in counties in more than a dozen other states (including here in Los Angeles County, the nation's largest!) for 2020.

We're joined today by SUSAN GREENHALGH, a longtime Election Integrity champion who now serves as Vice President for Programs at the National Election Defense Coalition (NEDC). Following last week's disasters, her group has called for the immediate decertification of the 100% unverifiable ES&S ExpressVote XL systems used last week for the first time in Northampton County and Philly. Greenhalgh explains why such systems, which use touchscreens to help voters use a computer to mark and print "paper ballot"" summaries, should never be used other than as an assistive device for disabled voter who may choose to use one to help cast their ballot.

"What's really concerning about these ballot-marking devices is that there's been a false equivalency created by the vendors," she tells me. "And I think it's been accepted my many people in the election official administration space, and in the election community at large, that there's a paper record there, so therefore the voting system is verifiable. The problem is that all evidence that we have so far to go on, indicates that that the paper record [from] the expensive touchscreen ballot-marking devices is not actually verified by the voter. And that's the critical point." The NEDC advocates hand-marked paper ballots.

After years of working with elections officials and elected officials across the country, Greenhalgh offers her thoughts as to why so many of them --- Republican and Democratic alike --- continue to ignore the continued warnings from election integrity and cybsersecurity experts who strongly urge against the use of such systems, while listening instead to private vendors, such as ES&S and Dominion (the nation's two largest) who stand to make hundreds of millions from the sale of their poorly designed, oft-failed, easily-hacked, and completely unverifiable touchscreen systems.

"I've heard it said that we need a system that the Devil himself could run and you could still trust the results. It needs to be transparent, and verifiable to the electorate. And that means something that is auditable, that the voter knows that the election results are correct and that the officials can prove it." Greenhalgh argues. "There's no room for 'just trust us' in this. We shouldn't have to trust the vendors. We shouldn't have to trust the election officials. We should all be able to see and verify with our own eyes, through observation and auditing, that the election is being conducted in a fair and accurate manner, and in a secure way. Anything less than that is unacceptable in a healthy democracy --- or one that aspires to be healthy."

Greenhalgh, who is as concerned about all of this before 2020 as I am, says, however, that there is still time for jurisdictions to dump their expensive, unverifiable touchscreen systems in favor of much cheaper, far more secure, and completely verifiable hand-marked paper ballot systems. She also also explains why post-election audits of results cast on computer-marked ballot systems are worthless.

"Implementing hand-marked paper ballot systems, fortunately, can be done in very quick order," she says. "States have shown us they can do that, like Maryland and Virginia. So it's not too late to fix that. What we need is the will of the election officials to make it happen, and then it can be done."

Tune in for much more that you need to hear from this conversation!

Finally, we're joined by Desi Doyen with our 1001st Green News Report, with disturbing news on the enormous and raging Australian bush fires, climate-change fueled frigid weather in much of the U.S., Greta Thunberg's solar-powered voyage back to Europe, and the Trump EPA's latest --- and deadly --- attack on science...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Yes, everything, even wildfires in California, are now political, as proven over the weekend when I tweeted out a non-political video I captured of a fire that broke out on a hillside in the San Fernando Valley, threatening the iconic Hollywood sign just on the other side of the hill. Callers ring in today --- as we were able to open the phones for the first time in weeks --- on a bunch of stories covered on today's BradCast.

Among those stories...

• Trump loses yet again in court as a federal judge on Monday dismissed his lawsuit filed in D.C. hoping to, preemptively, prevent Congress from using New York state's newly adopted law which allows the U.S. House Ways and Means Committee to request copies of the tax returns of New York residents (read: Donald Trump's). It was just another loss in the long list of frivolous lawsuits brought by Trump to try and keep his tax returns from becoming public, for some reason;

• Over the weekend Republicans submitted a list of requested witnesses for the upcoming public hearings in the Trump impeachment matter regarding his attempt to extort Ukraine by withholding military assistance in exchange for his demand that Ukraine announce an investigation into Joe Biden, his son Hunter and a conspiracy regarding Ukraine interference in the 2016 election. The House GOP's request list includes both Hunter Biden and the whistleblower who first brought the Ukraine matter to light. Rep. Adam Schiff, the Democratic Chair of the Intelligence Committee holding the public hearings this week responded by saying that he will not allow the proceedings to be used to promote the already-debunked theories that Trump was attempting to force Ukraine to spread in his unlawful effort to strong-arm the nation's new President into helping Trump on his 2020 reelection campaign;

• We review some of the remarkable comments I received over the weekend after I tweeted a completely non-political news video of a wildfire in Burbank which broke out while I was there. Did you know they were caused by socialist homeless pedophiles? Who knew? Trump fans on Twitter do, apparently!;

• And, speaking of both fires in CA and the 2020 elections, I share the response I recently received from the L.A. County Registrar-Recorder/County Clerk's office seeking comment about their contingency plans to deal with preemptive power outages should they occur during the general election next year at the same time as the ones California power companies imposed this year in hopes of not sparking wildfires during climate change-fueled hot, dry and windy conditions.

  Now that Los Angeles is moving to 100% unverifiable electronic touchscreen voting systems and electronic pollbooks, such an outage could prove disastrous for voters on Election Day and during early voting next year. Unfortunately, while the Registrar's office here replied to my queries on this (tune in to hear their response), they failed to reply to follow up questions;

• All of this is decidedly NOT an academic issues, given the disasters that occurred last week during Off-Year municipal elections in George and Pennsylvania, where, for the first time, counties in those states deployed brand-new touchscreen voting systems akin to the ones that Los Angeles will be forcing voters to use at voting centers next year, rather than hand-marked paper ballots and paper pollbooks (neither of which require electricity or the Internet).

  The results were catastrophic in many PA and GA polling places with some voters unable to vote at all, many forced had to wait up to an hour during the sparsely attended off-year election, and computer-reported results showing some candidates receiving 0 votes at several precincts, even though they'd received thousands. And, yes, a power outage prevented voters from voting at one precinct. All of this serves as a chilling preview of what could well await the nation in 2020 during the most critical Presidential election in our nation's history.

Finally, we then open the phone lines, at long last, on all of the above. And our listeners have a LOT to say about it all, including a few who believe global warming is a hoax, and that the President should NOT be impeached for either extortion or obstruction of justice. Fun! Tune in for all of that and much more on today's very lively BradCast!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: There was much for Democrats to be delighted about in Tuesday's off-year elections around the country, though plenty for them to be remain very concerned about, including the failure of brand new voting system in several key battleground states. (Not to mention new charges of election fraud filed against Republicans in Ohio.) [Audio link to show follows below.]

We pick up today where we left off on yesterday's program, regarding disturbing voting disasters in several states, as nearly two-decade old touchscreen voting systems failed in Indiana, including flipping votes for at least the fifth year in a row, while brand-new, 100% unverifiable touchscreen voting systems being deployed in Pennsylvania and Georgia failed fantastically in several counties. Some voters were left unable to vote at all or facing long lines --- even during otherwise sparsely attended off-year municipal elections! Some candidates were left off of the electronic ballots all together and others found themselves with reportedly ZERO votes recorded on the all-new, way-better-than-the-old unverifiable touchscreen computer Ballot Marking Devices (BMDs) tested in both PA and GA before wide deployment for the critical 2020 Presidential election.

In GA, voters were unable to vote in 4 of 6 counties where the new $100 million Dominion Voting Systems ImageCast machines were test run in municipal elections, before they are deployed statewide to 7.5 million voters next year. The electronic pollbook systems that creates voter cards that must be inserted into the touchscreens weren't working properly on Election Day in those 4 counties, after they had worked fine during pre-election tests and early voting.

In the critical battleground state of PA, there were all kinds of problems with the new ES&S ExpressVote XL systems deployed for the first time to Northampton County (where the systems were said to be operating incredibly slowly and results were reported as 0 for some candidates, as later confirmed by the County) and in Philadelphia, where candidate names were missing and many of the machines reportedly refused to work at all. (But this will all be fine by 2020, right?)

As to actual reported results from key contests on Tuesday, we break down a disappointing, if not completely surprising gubernatorial loss for Dems in Mississippi, a big apparent win for Kentucky Democratic gubernatorial candidate Andy Beshear and the challenge to that still-unofficial victory by the state's unpopular Governor Matt Bevin, and then the unequivocal success for Dems in the great Commonwealth of Virginia. There, a blue wave resulted in new Democratic majorities in both the House of Delegates and state Senate. The long-awaited victories, along with a Democrat already in the Governor's mansion, mean that Dems will enjoy a "trifecta" in Virginia for the first time in nearly 25 years.

We're joined today by DELEGATE MARK LEVINE, representing Virginia's 45th District (including parts of Alexandria, Arlington, and Fairfax County) in the House of Delegates. Levine, who ran uncontested for his third term on Tuesday, credits Trump, almost entirely for the rise of the Democratic Party in the once deeply-red state. "I like to say the only good thing Donald Trump has ever done in his life is help us win state legislative seats," he says, describing the President as "the gift that keeps on giving". He "fed our fire," he argues, adding that he believes the ongoing impeachment proceedings helped, rather than hurt, turnout for Democrats in the Commonwealth just outside of Washington D.C

We also discuss the effect that recently court-ordered un-gerrymandered maps had on flipping the two General Assembly chambers from red to blue on Tuesday, as well as the role the state's recent switch from hackable and unverifiable touchscreen voting systems to hand-marked paper ballots may have had, and whether Democrats will continue to support a state constitutional amendment for an independent redistricting commission now that they will be in control of both the Assembly and the Governor's mansion after the 2020 Census.

Levine, the longtime progressive radio host of "The Inside Scoop from Washington", breaks down a litany of long overdue policy agendas Democrats plan to undertake with their newly won majorities, including becoming the final state needed to ratify the Equal Rights Amendment (though legal battles await after their passage of the ERA).

"We're going to lead the way on gun safety laws. We're going to finally do something about climate change, which the Republicans have been fighting us on for decades. We're going to raise the minimum wage. We're going to do criminal justice reform. We're going to have non-discrimination for LGBT Virginians. We're going to improve education and teacher salaries, and workers' rights, consumers' rights, lower the cost of health care --- I'm really just getting started," he says, before explaining that "Democrats are unanimous" when it comes to expanding voting rights as well, including making it easier to vote with early voting, same-day registration and more.

"We're going to get past the Joe Biden wing of the party and into the Elizabeth Warren wing of the party," he vows. "Maybe some things on the further-most progressive edge, we might not have the votes for. But we're going to do a lot to change Virginia in a very blue direction"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: It's Election Day today, and not going well in several states. But it's also Election Day one year from today, for President, and we've got some very timely advice. [Audio link to show follows below.]

Voter are voting, or trying to, in dozens of states around the country today. And, like clockwork, voting systems --- particularly newly installed touchscreen and electronic pollbook systems --- are failing and causing long voting times in a number of states (like New York, Virginia, and Indiana --- where "about 30% of the 93 precincts in St. Joseph County" had touchscreen problems, according to its County Clerk), even in sparsely attended off-year elections. We'll have more such problems as they come to light, undoubtedly, along with noteworthy results of Tuesday's elections across the nation, on tomorrow's BradCast.

But, while we're waiting, as we are now exactly one year out from next year's critical Presidential election, there is every reason to imagine (foolishly, we'll add here) that Donald Trump will be wiped out in a landslide next year. All things being equal, on a level playing field and sane world, he would be. But we live in neither these days. Even setting aside his ongoing impeachment, his last week has been an embarrassment of failures.

• His withdrawal from the landmark Iran nuclear agreement has now resulted in Iran installing at least 60 new, modern, high-speed centrifuges to enrich uranium, which had been previously banned under the pact --- until Trump broke it.

• An analysis of U.S. troops now both coming and going in Syria following Trump's sudden declaration that the U.S. was pulling out of the warn torn nation and his subsequent announcement that he was sending troops in to defend oil field left abandoned by our fleeing Kurdish allies, means that when all is said and done, the U.S. will have 900 troops in the country. That, versus the 1,000 that were there previously. And with all of that, "the United States has deserted its pivotal Kurdish ally; ceded territory the Kurds had controlled to Syria, Turkey and Russia; and opened the door for a possible Islamic State resurgence" as hundreds of ISIS prisoners were able to escape in the Trump-created confusion.

• At the same time, back home, we've learned that Trump's "impenetrable" border wall, built with $10 billion in tax-payer dollars (not Mexican pesos), is anything but impenetrable, as smugglers are said to be breaching it with a simple power tool available for under $100 at Home Depot.

• And while he hasn't cancelled Native American Heritage Month, as some on the Internet were reporting on Monday, he has declared November, awkwardly, for the first time, to also be National American History and Founders Month, a pet White Powery swamp project of one of his top campaign funders.

With all of that failure and ineptitude and embarrassment and corruption --- from just the past several days alone --- you'd think this guy would be heading toward a blow-out landslide loss next year to whichever candidate or ham sandwich Democratic voters nominate to run against him in 2020. Indeed, Washington Post and ABC News today published new polling showing that, among currently registered voters, all five leading Democratic candidates (Biden, Sanders, Warren, Buttigieg and Harris) crush Trump in head-to-head national match-ups next year by anywhere from 17 to 9 points. While that could ultimately turn out to be true, that polling --- and a lot of similar surveys you will hear over the next year --- are of NATIONAL polling. We do not run national elections in this country. We run state-by-state electoral college elections for President.

And, on that score, the New York Times has a much more sobering --- and even chilling --- preview of where they find that things currently stand in the six battleground states (MI, PA, WI, FL, AZ and NC) that were said to have decided the election in Trump's favor in 2016. In those states, Trump is currently believed to be even with or defeating the top Democrats, according to the new polling, which may be either right or wrong.

There are many caveats on that poll as well. Either way, it should serve as a very loud, screaming, red flag, siren alarm bell for those who believe Trump couldn't possibly win re-election next year. Given the more-art-than-science nature of such polling and our incredible fragile and vulnerable electoral systems, he absolutely could win the election again next year (just as we warned, to little avail or notice, in 2016.) Thus, NOW is a great time to take action: What are YOU going to do next year to help voters vote? We discuss and offer a few ideas. It's time to take action.

Finally, speaking of still more Trump failures, Desi Doyen joins us for the latest Green News Report, with news on the President's ridiculous withdrawal from the Paris Climate Agreement, yet another new oil spill on the Keystone Pipeline, and much more as we approach our 1000th episode of the GNR! (For which we humbly thank you for supporting through your donations at BradBlog.com/Donate! If you haven't done so lately, now would be a really great time to stop by with a one-time or recurring donation of any amount you like. Thank you!)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: John Oliver touches on America's voting machine crisis, America goes to the polls again (using those same, unverifiable touchscreen voting systems), and one year after accused sex assaulter Brett Kavanaugh was sworn in as a U.S. Supreme Court Justice, one 20-year veteran SCOTUS journalist is refusing to return to the Court...and for very good reason. [Audio link to show follows below.]

First up, as we are now officially --- finally --- less than one year away from the critical 2020 Presidential election, our electronic voting systems in many states are still just as bad and dangerous and vulnerable and unverifiable as they were 15 years ago. And, in a bunch of states and jurisdictions across the country, they are getting even worse and less verifiable than they were in the 2016 election. HBO's John Oliver dipped into the issue on his latest Last Week Tonight on Sunday night and got a lot of stuff right regarding our easily-hacked, oft-failed touchscreen voting systems that have been in use over the past several decades. Unfortunately, he also left out a whole bunch of stuff regarding the new and equally vulnerable and 100% unverifiable computer touchscreen Ballot Marking Devices (BMDs) which are now being installed and proliferating in states (many of them key battlegrounds) from coast to coast before 2020. In short, as we detail, Oliver's report was excellent....if this was 2009. As it is now 2019, however, his commentary was a bit wanting. But, we'll take what we can get and that, of course, is why you have The BradCast.

In related-ish news, a bunch of off-year state and local elections are happening in several states on Tuesday. Among the noteworthy contests is the gubernatorial race in Kentucky, where the unpopular and very Trumpy Republican Governor Matt Bevin is fighting for his life in a race with Democratic Attorney General Andy Beshear (son of the Bluegrass State's former Governor Steve Beshear), in what pre-election polls suggest is currently a dead-heat contest. But, as we detail today, Bevin was down anywhere from 3 to 5 points in pre-election polling during his first run for Governor against then Democratic Attorney General Jack Conway in 2015. Nonetheless, as we detailed that year, he somehow ended up winning the race, reportedly, by nearly 9 points in a state which still forces many voters to use the same unverifiable touchscreen voting machines that helped Bevin win in 2015. Many of those systems are the same very old, vulnerable and unverifiable ones which Oliver railed against on his HBO piece on Sunday. Trump is in KY on Monday night to help "drag one of the nation’s most unpopular governors across the finish line," as the New York Times describes it today, in what many see as a potential bellwether race ahead of 2020.

Meanwhile, it has now been just over a year since Brett Kavanaugh was sworn in to his lifetime post as an Associate Justice on the Republicans' stolen U.S. Supreme Court. He was seated on the bench almost immediately after Republicans in the U.S. Senate rammed through his nomination --- with the help of a trumped up FBI "investigation" --- late last year despite multiple, credible allegations of sexual assault against Kavanaugh from the time he was in high school and college.

Longtime SCOTUS journalist DAHLIA LITHWICK wrote at Slate last week about why she has not returned to the Court since Kavanaugh was sworn in. She joins us today to discuss the reasons behind her decision, and why, as she described, she will "not accede to the routinization and normalization of the unprecedented seat stolen from President Back Obama in 2016" by Mitch McConnell and Republicans, nor from the "unprecedented seating of someone who managed to himself evade the very inquiries and truth-seeking functions that justice is supposed to demand" in Kavanaugh.

"One-quarter of the federal appeals courts, at this moment, three years into the Trump presidency, are Trump nominees. We're not just talking about nine justices on the Supreme Court. We're talking about the most strategic, systematic takeover of the federal bench that any president has ever effectuated," she tells me. "And that is happening day by day, right under our noses. And those judges are also going to sit for decades. So it's not just the Supreme Court."

It's a fascinating and important conversation, I think, about not only why none of us should simply "get over it" and "move on", when it comes to both Kavanaugh and the stolen seat filled by Neil Gorsuch, but also why our nation's seeming inability (or even interest) in assuring accountability for all manner of precedent --- and criminal law --- breaking in recent years has brought the country to the perilous position we now find ourselves in: Trump in the White House, the Supreme Court stolen and federal courts packed with unqualified rubes for life, and SCOTUS on the precipice of deciding a number of enormously momentous issues this session from union rights to reproductive justice.

"It's what happened when Barack Obama made the decision that we just are not going to re-litigate the CIA torture program, and this very aspirational notion that if we all forgive and forget, we all get to meet in the middle and work toward better outcomes. It's kind of Lucy with the football --- it never works out to meeting in the middle and working toward better outcomes. It just turns out that, yet again, ground has been ceded," she tells me.

"We're really bad at this. The heart wants what it wants, and the heart wants normal. I think that we keep believing that this erosion, this slow systemic erosion of norms, is somehow normal. I thought it was a law, it's not a law. I thought it was a rule, it's not a rule," says Lithwick. "We didn't didn't used to seat 37-year-old bloggers who've never set foot in a court room as a federal judges for life. And now we do. There's no law, there's just a norm. What I was trying to get at in the piece is that constantly acceding to this and saying, 'Well, this is what it is now' --- that there are costs. There are huge, huge costs to democracy."

"Our scrutiny, our unwavering, unflinching, I'm-not-over-it scrutiny does make a difference," she insists. "We need to hold the Court to the same unflinching, 'we're watching you,' 'we care'. That seems like soft power, I understand it's not optimal, but I think the Court responds. What they really want is for us to put this on page A27 and get over it. And that's our choice, not theirs."

Lots of important stuff here, as I said. Can't really summarize it well enough here, so please tune in.

Also, Lithwick rings in with some thoughts --- which tie into the broader conversation --- on what she expects from John Roberts' Supreme Court following today's ruling by a federal appeals court in Manhattan that Trump's accounting firm, Mazars USA, must turn over some 8 years of his and his company's tax and other financial documents to New York state prosecutors and a similar decision by a federal appeals court in D.C. last month that the same firm must also turn over similar records to Congressional investigators in response to yet another lawful subpoena...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Right in the middle of today's BradCast, as we were discussing the very topic, Twitter announced that they would be blocking all political ads before 2020 from their massive social media site. As our guest today explains, however, Facebook, still refuses to even fact-check political ads purchased on their site, no matter how demonstrably false and misleading they are. [Audio link to show is posted below.]

But first today, as fires rage up and down the great state of California due to climate change-fueled winds, heat, tinderbox dry conditions and preemptive power blackouts by private, for-profit utility companies who failed to heed early warnings, it's become clear that elections in the Golden State are now also endangered. Exactly one year out from next year's critical Presidential election, a number of large counties in the state, most notably here in Los Angeles (the nation's most populous voting jurisdiction) are moving to 100% unverifiable electronic touchscreen voting systems, rather than verifiable hand-marked paper ballots, and to e-pollbook systems at Voting Centers which rely on the Internet to establish voter eligibility before voting, rather than old school paper pollbooks.

Both new systems also require electricity for voters to be able to cast their votes at all. But what if power companies are forced, at this very same time next year, to once again preemptively shut down power to avoid the threat of utility line sparked wildfires? We have queried L.A.'s County Clerk and Registrar Recorder's office seeking information on what their backup plans are for such a situation, should it occur, next year. We'll let you know what, if anything, we hear back from Registrar Dean Logan or his office on an upcoming show.

Then, today's impeachment update includes a look at another one of the Republicans' latest attempts to find a way --- some way, any way! --- to defend Donald Trump's well-documented quid pro quo pressure campaign against Ukraine, as he withheld hundreds of millions of dollars in Congressionally-allocated military assistance in hopes of forcing Ukraine's President to commit to a probe of Trump's 2020 political rival Joe Biden. After eviscerating, on yesterday's program, the disingenuous cries from GOPers in recent days that the inquiry was unfair to the President for lack of "due process," today we highlight several of the attempts by a number of Republicans to simply deny the entire matter even exists. From Presidential son-in-law Jared Kushner's recent claim that the impeachment is little more than a "silly game" because the President "hasn't done anything wrong", to Rep. Mark Amodei (R-NV)'s refusal to answer even the simplest questions about Trump's documented behavior, to Rep. Ted Yoho (R-FL)'s admission that he hadn't even attended a single impeachment inquiry hearing session, despite being a member of the House Foreign Affairs Committee, one of three that has been taking depositions behind closed doors from witnesses in the Ukraine affair over the past several weeks.

Then, with the Trump Campaign having purchased some 69,000(!) micro-targeted Facebook ads since May alone, many of them either entirely false or horrifically misleading (and amounting to more ads in total than all 18 current Democratic 2020 Presidential candidates combined!) we're joined by SUE WILSON, former Emmy and AP-award winning broadcast journalist turned media reform activist and founder of the Media Action Center, to discuss the controversial refusal by Facebook CEO Mark Zuckerberg to fact-check political ads purchased on his enormous social media site.

Wilson recently wrote at The BRAD BLOG about the controversy, sparked by Zuckerberg's refusal to block a clearly false Trump ad which CNN refused to air, and a subsequent false ad by Elizabeth Warren that she purposely ran at Facebook (and admitted was false) in order to press the point. That column, critiquing Zuckerberg's claim to be following local broadcaster ad standards (despite not being a broadcaster) as an important issue of "free speech", was published prior to some 200 employees of the social media giant signing a public letter this week calling for a number of the same reforms cited by Wilson in her recent op-ed.

"Personally, I'm offended by the idea that lying ads are the same as free speech," she tells me. "That is not free speech. It is paid speech, paid-to-misinform-people speech."

Wilson describes the breaking news about Twitter as "wonderful", adding: "It's kind of ironic that it's taking Facebook for us to start looking at these political ads that are allowed to lie to us. Not only should Facebook ban all political ads, but we should rewrite the laws so that broadcasters ban all political ads. This is a giant industry which promotes misinformation, and this is one very good way to start telling the truth to America."

Wilson debunks a number of Zuckerberg's claims about his ill-considered policy decision to allow all paid political propaganda ads by campaigns to run, no matter how many lies are included in them, and explains the arcane, nearly century-old federal requirements regarding which political ads broadcasters (versus cable channels and television networks) are allowed to prevent from running and which ones they may not censor, no matter how demonstrably false they may be.

Today's conversation with Wilson makes clear that Facebook needs to, as its own employees advise, rethink its current policy, at a minimum, before the platform is further "weaponized" by political campaigns with "destructive misinformation" that threatens our very democracy, even as concerns about political censorship by huge media outlets remains a concern. Hope you'll tune in for this important discussion in advance of next year's critical Presidential election!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, the catch-up work continues! In the week since returning from my month-long forced hiatus due to a family emergency, we've been so busy with Donald Trump's insanity and impeachment inquiry and withdrawal of troops from Syria and attempt to award himself the contract for the G7 Summit at his own Florida resort (which he retracted over the weekend under pressure from Republicans), that we haven't had any time to discuss concerns about "Plan B". Specifically, concerns about voting systems in a whole bunch of states and counties where elections officials are, insanely, moving towards vulnerable, 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) in advance of 2020. [Audio link to show is posted below.]

We make up for a month's worth of lost time on today's show. But first, some actually encouraging news out of two different states. On Friday, a federal court judge placed a temporary injunction on Florida's new Republican-adopted law that prevents former felons from registering to vote, unless they've paid off all court-imposed fines and fees first. The judge ruled the GOP law, enacted by state lawmakers just after state voters overwhelmingly adopted a new Constitutional amendment to re-enfranchise former felons last November, essentially amounts to an unconstitutional poll tax. The ruling, for now, is limited and has a few caveats, but voting rights activists are hailing the decision.

In still more good news for voters, this time in Missouri, the St. Louis County Board of Elections last month (where I was born and raised), unanimously voted to move the state's largest county to a new, hand-marked paper ballot system for all voters, other than those disabled voters who choose to use an assistive electronic system, beginning this November. The move comes as a welcome safeguard for voters after the County allowed voters over the past decade to choose between touchscreens or hand-marked paper ballots at the polls, while subtly (and not-so-subtly) encouraging voters to use the unverifiable touchscreens. That good news would also make my late father very happy, given that he was also a proponent for hand-marked paper ballots, as made clear in an amusing 2006 BRAD BLOG entry, which we share on today's show.

The move in St. Louis, however, is contrary to similar choices being made in a number of key jurisdictions around the country, where officials are moving to unverifiable and hackable BMD systems before 2020. States such as Georgia, South Carolina, Delaware, and New Jersey are moving to these expensive and vulnerable systems, as well as key cities and counties in Pennsylvania (Philadelphia!), North Carolina (Mecklenberg County, the state's most populous) and California (Los Angeles County, the nation's most populous!)

We're joined today by journalist, attorney, Election Integrity advocate and Twitter activist JENNIFER COHN --- who has a new video presentation out today on the many concerns about private voting system vendors who have taken over our public elections, and on the desperate need for hand-marked paper ballots --- in hopes of beginning to catch up on much of the voting system news we missed over the past month!

Unfortunately, as Cohn details, other than in St. Louis, the outlook is pretty grim between now and next year, as even leading Democrats (hello, Sen. Amy Klobuchar!) seem to have a very difficult time fighting for the real security improvements necessary to protect our election system from adversaries --- both foreign and domestic --- before next year's critical Presidential election.

Cohn makes the crucial point that phrases other than "HAND-MARKED paper ballots" are, essentially, code words for unverifiable, hackable, computer-marked paper ballot summaries. Phrases often used by vendors, as well as election and elected official to confuse voters include: Voter-marked paper ballots, voter-verifiable (as opposed to veriFIED) paper ballots, back-up paper ballots (hello again, Sen. Klobuchar!) or simply "paper ballots", without using "hand-marked" before it. If you don't hear them say "hand-marked" first, they either don't know what they're talking about, or they're trying to put something over on you.

And, as Cohn notes, if they promise post-election audits to protect the integrity of the vote, but are doing so without using hand-marked paper ballots to "audit" with, they are also trying to scam you. At least according to the actual inventor of the post-election Risk-Limited Audit (RLA) protocol, Prof. Phil Stark of UC-Berkley, an opponent of universal use BMDs. He describes RLAs of computer-marked ballots as "worthless" and little more than putting "lipstick on a pig"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Welcome to another BradCast! I'm in for Brad and Desi today - Angie Coiro, heard on some of these same stations and streams with my own show, In Deep with Angie Coiro.

Best wishes to Brad and Desi while they take care of family business. If you haven’t read Brad’s post about what’s going on, please do. There’s no better time than now to support the Blog in every way you can.

First up is what I imagine would be Brad's headline story, too: the latest in the ongoing Wisconsin voting machine drama. PATRICK POBLETE from WisPolitics covers the story. The jawdropper: state officials felt they had bigger priorities than to check out reports of potential vote-hijacking.

A big fat news roundup includes two Elizabeth Warren stories: her campaign's endorsement by the WFP, and her newly-announced plan to attack DC corruption. Some of it strikes me as a bit pie-in-the-sky, but why not aim high?

Then a long excerpt from my interview earlier this year with RICHARD A. CLARKE, about his book The Fifth Domain.

And more more more. Check it all out!...

Download MP3 or listen online below...

On today's BradCast: Questions about the results of a controversial do-over U.S. House election in North Carolina and about disturbing revelations from a secret reexamination of a wildly unsecure touchscreen voting system being deployed in Pennsylvania (and elsewhere) next year. [Audio link to show is posted below.]

At long last, NC's 9th Congressional District has held its do-over election, after a massive GOP Absentee Ballot Election Fraud scheme was uncovered to derail the contest last November. With a new Republican candidate, the very Trumpy state Senator Dan Bishop, and the same Democratic candidate, Marine vet Dan McCready (pictured above), the two faced off in the long-time Republican district on Tuesday. It had long been predicted to be a very close race, seen as a potential bellwether for 2020 and a referendum on Donald Trump, who, with Vice President Mike Pence, helicoptered into the district for last-minute rallies on Monday night.

According to the reported unofficial --- and unverified-by-any-human-being --- results posted by the State Board of Elections (SBE), the Republican Bishop defeated the Democrat McCready by just under 4,000 votes (a margin just over 2%) out of nearly 200,000 votes cast in the district, which is spread over parts or all of 8 counties. While Bishop's margin of victory is slightly more than 1% too large to allow for a candidate "recount", the county with the single largest share of the votes cast in the race is Mecklenberg, which forces voters to use 100% unverifiable touchscreen voting systems at the polls. So there would little to "count" there anyway. Most of the rest of the district votes on hand-marked paper ballots.

But even with the unofficial 2% spread, there may be reason for McCready's team to examine the results, despite his quick concession on Tuesday night after media outlets, using unofficial results, called it for Bishop. His quick concession followed a similar one last November, when he'd reportedly lost by less than 1,000 votes in a race that the NC SBE ultimately refused to certify due to the GOP election fraud for which seven contractors now face felony indictments. Given the fraud last time in NC09, and the importance that both Trump and the GOP had placed on this race in advance of 2020, one might think it appropriate to wait until all votes were at least canvassed by the state before conceding. Moreover, Democratic turnout during early voting outpaced Republican turnout by even more than it did during the very close race during last November's "blue wave" election.

But in a curious new twist, just before airtime today, another anomaly came to light, as shared with us by a listener that I detailed here with screenshots and video. As I break down at that link, video from MSNBC's coverage on Tuesday reveals that McCready, after leading in the vote count throughout the early part of the night after 52% of precincts had come in, was suddenly overtaken by Bishop once 55% of precincts had reported, according to MSNBC's chyron. While that's not unusual, what is unusual is that when it happened, McCready's vote tally actually DECREASED by more than 3,000 votes, even though more votes had supposedly been tallied! After that, Bishop retained a very similar lead for the rest of the night, ultimately "winning" by a margin just under 4,000 votes.

There could, of course, be a good explanation for the vote count appearing to go BACKWARD --- a typo at MSNBC, a transcription error at the SBE, a non-nefarious bad data transfer somewhere along the line --- we just haven't yet been able to figure out what it is yet. Bishop's total also decreased at the same point, but by just over 1,000 votes. If we do figure it out, of course, we'll let you know.

But those maddening anomalies underscore, yet again, the importance of the other big story we cover on today's BradCast out of Pennsylvania. There, a group of citizen election integrity advocates filed a petition some weeks ago demanding a re-examination of the state's newly certified ExpressVote XL voting system made by ES&S. The new 100% unverifiable touchscreen voting system (pictured above) was recently certified to be deployed in Philadelphia and other jurisdictions in the key battleground state of PA before next year's critical 2020 Presidential election. While PA's Acting Secretary of the Commonwealth Kathy Boockvar, did, in fact, carry out the new examination of the system, as required by statute, apparently she did so in secret, employing the same company closely tied to ES&S that carried out the initially flawed certification testing, and did so in another state entirely (Colorado) with no notice or public oversight for the first time in PA history.

We're joined again today by KEVIN SKOGLUND, Chief Technologist for the Pennsylvania-based Citizens for Better Elections. He is a cybersecurity and voting systems expert and was one of the petitioners who joined us several weeks ago after the state agreed to the new examination. Skoglund, along with other long time election integrity advocates both nationally and in PA are outraged by the secret testing which, he explains, failed to even examine 7 of the petitioners' 10 cited concerns.

"This is the same company that did the initial examination. So, we're asking the people who gave the opinion the first time to give their opinion again. It doesn't really make sense," he tells me. "It's not a second opinion like you might get from a doctor." Moreover, he explains, "This was only a two-day examination. The lab that's doing this is not experienced in cybersecurity penetration testing. This is a voting system test lab that tests for the functionality of voting machines...These things are very technical in nature and they require specialists." In this case, it is a company who is actually paid by the vendor, ES&S, to test their systems.

As to those concerns which the examiners reportedly did bother to review [PDF] (in secret), they confirmed the petitioners' concerns. Nonetheless, Boockvar went ahead and recertified the new systems, citing new, additional procedures she hopes to impart to pollworkers next year as protection against the very serious security concerns cited by the petitioners and confirmed during the re-examination. One such concern, for example, is that the computer-marked paper ballot summary card produced by the ExpressVote's touchscreen system for theoretical verification by the voter before it is cast, returns back through the very same printer path after it is approved by the voter. That, Skoglund explains, would allow the voting system to change the voter's vote after they believe they have verified it for casting and counting by an optical scanner. New, similarly computerized touchscreen Ballot Marking Devices being deployed in other jurisdictions, such as Los Angeles County and Georgia (and in many other states before next year) appear to feature the same extraordinary security flaw.

"It's the craziest thing. This voting machines prints the information that you've selected on the screen onto a piece of paper, and then it presents it for you to review. And then, if you decide that it's acceptable, that piece of paper travels through a printer again before it's stored. So if you had a voting machine that was malfunctioning or manipulated or hacked, it could change that paper record before it gets stored. They 100 percent confirmed it," says Skoglund.

Other problems with the PA system include the fact that, due to the way it stores computer-marked ballots, the ballot secrecy of voters may be easily violated. Skoglund suggests the fight against these systems is not over by a long shot, and that the coalition of election integrity groups with whom he is working are reviewing their options for litigation in the days ahead. "We're definitely not giving up. We are not done contesting the certification of this machine."

As noted at the end of today's program, the woeful story of the likely unverifiable election in NC-09 underscores the important work being done by Skoglund and others BEFORE these dangerously unverifiable and easily hackable voting systems are deployed for U.S. elections in 2020...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

I've got to get on air for today's BradCast shortly, where I'll discuss this in a bit more detail, so please excuse this terse post. But I'd like to get this information out there, in case anyone has additional details or observations to add.

No, I have no yet been able to check with the North Carolina State Board of Elections (SBE) or MSNBC to get their response, since I'm just getting the details myself from a tipster and racing to get on air.

I will also add the caveat that there are sometimes perfectly reasonable explanations for something like this, such as a typo or a bad transcription, or a non-nefarious bad data transfer anywhere along the path from the voting booth, to the county headquarters to the state Board of Elections to the media which report vote counts as they come rolling in.

So, with those caveats out of the way, this is from the Special Election for the U.S. House held on Tuesday night in North Carolina's 9th Congressional District. The election was a do-over after the SBE refused to certify the results of last November's election due to a massive Republican Absentee Ballot Election Fraud scheme that was uncovered, and has led to criminal indictments of seven folks who worked with a GOP contractor hired by Republican candidate Mark Harris last year.

On Tuesday, the Democratic candidate Dan McCready, who ran last November in the never-certified contest in which he was said to have lost by 905 votes, thanks to the absentee ballot fraud scam by the GOP contractor, ran this time against hard-right and very Trumpy Republican State Senator Dan Bishop.

The district has been held by Republicans since the 1960s, but polls showed the do-over race, like the one last November, to be very tight. So much so that both President Trump and Vice-President Pence were in the district for rallies for Bishop on Monday night before the election.

As of today, the State Board of Elections website shows Bishop (R) defeating McCready (D) by almost 4,000 votes or just over 2%.

Which makes this apparent anomaly from during last night's vote counting (most ballots were tallied by computer op-scan systems in the district, though Mecklenberg County's votes --- the county with the largest single share of the votes in the district --- were cast on 100% unverifiable touchscreen voting systems) all the more worrisome...

In this screenshot during Rachel Maddow's MSNBC coverage of the race last night, (the full video of the flip is also posted below) please note that, with 52% of the vote reportedly in, according to the chyron at the bottom of the screen, McCready led Bishop, 69,280 to 67,295...

But, just seconds later, when 55% of the vote was reportedly in, after leading most of the night, McCready's numbers actually appear to have rolled BACKWARD by 3,181 votes for some reason...

The weekend brought us another avalanche of news in the Trump Era. As usual, we try to catch up by focusing on the stories that actually matter. But, even at that, we couldn't get to half of what we'd planned for today BradCast. But we did have time for a bunch of great callers. [Audio link to show is posted below.]

Among the many stories we cover today that they were calling in to comment on...

• A federal judge has restored a nationwide injunction to block the Trump Administration's likely-unlawful new policy that bars asylum to migrants who travels to the U.S. through another country before entering the U.S.;

• Former GOP Governor and Congressman Mark Sanford of South Carolina becomes the third major Republican candidate to announce his intention of running against Donald Trump for the party's 2020 Presidential nomination, after previously describing Trumpism as "a cancerous growth" and charging the Republican Party has "lost our way". His long-shot bid, joining former MA Gov. Bill Weld and former IL Rep. Joe Walsh, will be made all the more difficult now that the Republican Party in South Carolina, along with those in Nevada, Kansas and Arizona, have cancelled the GOP caucuses and primaries in those states for 2020 at the behest of our thin-skinned, cowardly, unfit President;

• Next door in North Carolina, it now appears to be full-speed ahead for Tuesday's two U.S. House Special Elections which were imperiled for a time by Hurricane Dorian. While the storm resulted in some cancelled Early Voting days last week, most of those hours were made up with extended hours over the weekend, leaving Democrats with a larger share of the early vote in the 9th Congressional District than they even had during early voting in last November's "Blue Wave" election. The Republican candidate reportedly "won" that race by about 900 votes in a district held by Republicans since the 1960s. But the election was never certified after revelations of a massive GOP Absentee Ballot Election Fraud scheme. Both Donald Trump and Vice President Mike Pence are in the 9th district on Monday night, with two separate rallies, for far-right GOP State Senator Dan Bishop in the do-over race against centrist Democrat Dan McCready. The contest is currently being characterized as a toss-up and is being regarded as a bellwether for the 2020 elections. The other race, in NC's 3rd Congressional District is to fill the seat of the late Republican Rep. Walter Jones in an even more "red", if Hurricane Dorian-battered, district on the state's coast;

• And in D.C. today, Trump declared that year-long peace talks with Taliban officials and the Afghan government are now "dead". That, after Trump revealed his cancellation of a secret meeting that had been set with Taliban officials this week at Camp David --- on the week when the nation commemorates the 18th anniversary of 9/11 while the nation's longest war (in response to it) continues on with no end in sight despite campaign promises from Trump to end it;

• We also briefly reference the plan announced today by Democrats on the U.S. House Judiciary Committee to hold a formal vote this week to officially begin their impeachment inquiry of Donald J. Trump before opening up our lines to callers on all of the above and more.

  Among the additional topics on listeners minds today: The Democratic Presidential primary and the likely-disastrous move by Los Angeles County to replace its hand-marked paper ballot voting system with an ill-considered and 100% unverifiable touchscreen voting system (pictured above) before the 2020 Presidential elections. The new system (pictured above) was developed by its brainchild, L.A. County Registrar-Recorder/County Clerk Dean Logan, who now refuses to appear on the show or answer our questions about the new, still uncertified system, as he used to. He calls it Voting Solutions for All People or VSAP. As one caller notes, the new system is shamefully being supported by the L.A. County Board of Supervisors. One of them, longtime Democratic Supervisor Janice Hahn, has been (mis)representing the new system as an "exciting" "upgrade" from the previous system, despite the fact that the computer-marked "paper ballot" summaries the new system produces can never be known to reflect any voter's intent after an election in the nation's most populous voting jurisdiction. Similarly unverifiable touchscreen systems are being implemented in Pennsylvania, Georgia, Texas and other key states before the 2020 election, despite warnings against electronic Ballot Marking Devices from world-class cybersecurity and voting systems experts...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Like those who took part in the ill-fated maiden voyage of the RMS Titanic as it blindly traversed the Atlantic, many American citizens are rushing headlong towards a pivotal 2020 election, unmindful of the potential for yet another e-voting catastrophe.

In 1912, in defiance of science, passengers and crew mistakenly believed that the Titanic was "unsinkable". In 2019, far too many Americans are either unaware of or have chosen to ignore repeated warnings from computer scientists. For many, the very idea that a Presidential selection could be the product of election fraud or failure in the form of undetectable, malicious manipulation or error of electronically tabulated ballots in disparate local, county and state-run election systems across an entire nation is simply unthinkable.

In 1912, ignoring the danger led to the deaths of 1,500 of the Titanic's 2,224 passengers and crew --- paltry numbers when measured against the threat to humanity's very survival that would be embodied in another four years of the Trump Administration's greed-over-science, anti-environmental policies.

Over the past two decades, the central problem for both computer scientists and election integrity advocates has not been the question as to whether all e-voting and electronic tabulation systems are vulnerable to manipulation via external hacks, mis-programming or malicious insider manipulations --- they are! Instead, they've been stymied by the near impossible task of proving that a given election result was fraudulent. That inability is occasioned by the fact that, in the absence of timely forensic access to the system, its ballot programming and its source codes, electronic theft is largely undetectable in any system that does not deploy hand-marked paper ballots.

While e-voting vulnerabilities to all manner of manipulation, as well as unintended programming errors, have always been present, both the threat of wholesale electronic theft and the dire consequences of that threat in 2020 have never been greater.

Fortunately, just as help for the surviving Titanic passengers and crew was just over the horizon in the form of the HMS Carpathia, democracy itself may be saved as the result of the valiant efforts by the Coalition for Good Governance ("the Coalition") to help compel the State of Georgia to conduct verifiable elections on hand-marked paper ballots. The help may not only save Georgia, but save the entire country, eventually, as evidenced by the extraordinarily well-informed 153-page ruling [PDF] that was recently handed down by U.S. District Court Judge Amy Totenberg…

Well, as detailed on today's BradCast, we've been trying, for a long time to get answers about the new, unverifiable touchscreen voting systems set to replace Los Angeles County's verifiable hand-marked paper ballot system for the first time in the 2020 Presidential elections. Disappointingly, however, the L.A. County Clerk/Registrar-Recorder Dean Logan, who had been very responsive and helpful in previous years, no longer answers simple questions about the new voting system called "Voting Solutions for All People" (VSAP), which he has been developing for more than a decade. That is very troubling, as we explain in detail today. [Audio link to full show is posted below.]

The new VSAP system is a touchscreen Ballot Marking Device or BMD, which prints out a computer-marked paper ballot summary of votes selected via the touchscreen, before using another computer, an optical-scanner, to read the non-human readable QR Code that is also printed on the ballot summary. The QR Codes are used to tally votes. While the QR Code (a type of barcode) cannot be verified for accuracy by voters, it is also impossible with such systems to know if any voter has even verified the human-readable portion of the ballot summary at all, much less correctly, after an election. Studies reveal that most do not verify computer-marked ballots at all, and that of the minority who do, most don't recall the details or selections on the ballot they voted just moments earlier. That's just one of the many reasons why most cybersecurity and voting systems experts warn against the use of such systems which are now proliferating --- and sometimes replacing verifiable hand-marked paper ballot systems --- in many states and counties across the country before 2020. (The list of states where counties or the entire state are moving to BMD systems include a number of key battleground states. Such systems are planned for use next year, or are already being used, in OH, WI, PA, TX, WV, KY, NY, NJ, KS, TN, IN, SC, NC and, yes, CA, unless the public prevents these plans.)

We have been trying to get simple answers from Logan about the VSAP project before voters are forced to use it next year in the nation's largest voting jurisdiction, but Logan has both repeatedly refused to answer many such questions and has declined repeated invitations to appear on the program, including today's. That, after he has joined us on a number of occasions over the years (the last time he joined us was in April 2013 to announce that the new system would be an unverifiable touchscreen system) and he used to be quite responsive to voter questions and concerns on Twitter and elsewhere.

Among the simple questions Logan refuses to answer of late:

• Will voters at the polls in Los Angeles still be allowed to vote on hand-marked paper ballots as previously mandated by the CA Sec. of State? (The office of Democratic SoS Alex Padilla, a supporter of the new system in L.A., has also not yet responded to that question.);
• Will there be paper backups of the new electronic pollbook systems used with VSAP at the new Voting Centers which will be replacing community precincts this year? (1,000 such Voting Centers will allow voters to vote from any of them, versus the 4,000 local precincts L.A. voters have used in the past);
• Will independent cybersecurity and voting systems experts like Harri Hursti, who has hacked many voting machines over the past decade or more, be allowed to carry out security and penetration tests on the system before it's used in the 2020 Presidential election? (Hursti has agreed to do so, but Logan has not responded, at least publicly, to take him up on his generous offer);
• Where is the public documentation for whatever certification and security testing that Logan claims to have already carried out?
• Why was a private, foreign-based voting systems vendor named Smartmatic given the nearly $300 million contract to build and program the systems, despite their disturbing record of mysterious foreign ownership and failed past elections?;
• Why does Los Angeles and the California Sec. of State characterize the new VSAP system as "open source", while refusing to disclose the so-called "open source" to the public and responding to public records request to review it (even from other elections officials!) by claiming the system's code is "propriety information", "trade secrets" and that disclosure would "reveal vulnerabilities to attack or would otherwise increase the potential for an attack on the public agency's information technology system"?

We would have preferred Logan joined us on air today to answer such questions, and many more from callers. However, as he declined, we were forced to do our best to answer them ourselves.

Moreover, it would also be helpful if corporate media bothered to cover any of these important issues to the public. The Los Angeles Times ran two stories on VSAP last week, one a fawning 1,900 feature article on Logan and his years-long development process for the system. Neither story by the Times' Matt Stiles --- including the one headlined "Ready for the voting overhaul in L.A. County? Here’s what you need to know" --- mentioned anything about the many security and verifiability concerns of the new system. Following my public complaints to that end over the past week, Stiles has told me he is considering a story on those concerns. I hope so! Voters need to corporate to step up to this stuff, even a tenth as much as they cover the horse race --- while ignoring the track conditions on which the horses will be running!

Arguably, as bad or worse, Washington Post has a page up on their website headlined "How Ballot-Marking Devices Work". There is no story or text on the WaPo page, remarkably enough, just an embedded version of a two-and-a-half minute promotional video for the VSAP project created by the L.A. County Registrar-Recorder/County Clerk's office. Seriously! Nonetheless, out of an abundance of fairness, we aired the full promotional video for the system on the program.

We take a deep (and often harrowing) dive into all of the above and much more --- along with listener calls, many of them furious, as they hear about this for the first time --- on today's BradCast...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, we catch up with a grab bag of stuff, most of which doesn't have to do with Donald Trump's idiocy --- you're welcome --- but a lot of which has to do with what Americans need to do about him! [Audio link to full show is posted below.]

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

• The front page of the New York Times now, officially, looks like a pre-2016 parody of what the Times might look like if Donald Trump were ever elected President;

• Denmark still doesn't want to sell Greenland to the US. Why, after all, would its citizens want to give up "universal health care, free higher education, five weeks of annual paid vacation and 12 months of paid parental leave, subsidized childcare and more"? But the Premier of Greenland is, however, interested in buying the U.S.!;

• Two-term WA state Governor Jay Inslee, the climate change candidate, drops out of the 2020 Presidential race, but accomplished quite a bit and will now run for a third term as WA Governor;

• Former CO Governor John Hickenlooper, who dropped out of the Presidential contest a week or so ago, announces his run for U.S. Senate to take on vulnerable Republican Sen. Cory Gardner in an already very crowded field of Dems vying for the nomination. (But, ahem....hint, hint, O'Rourke, Castro and Bullock!);

• And, on the Republican side of the aisle, "reformed" Tea Party Republican and former one-term House Rep. Joe Walsh appears set to announce plans to primary Trump from the right next year. If his recent, blistering NYTimes op-ed is any indication, in which he eviscerates Trump for, well, just about everything, he would be a welcome participant along with already-declared former MA Gov. Bill Weld and a few other potential GOP challengers that may be coming soon;

• In more disturbing and much-less noticed news, 22 Texas towns have been simultaneously crippled by coordinated ransomware attacks that have shut down all computerized city services. The hackers are demanding some $2.5 million to restore services to the unidentified towns which may all have used the same private contractor for municipal IT services. The attack-via-contractor is reminiscent of the 2016 spearphishing attack on voter registration services vendor VR Systems as described in Robert Mueller's Special Counsel report. That attack appears to have resulted in penetration of voter registration databases in several Florida counties in 2016, and perhaps other states (such as North Carolina) serviced by the same private vendor.

  But, sadly, none of this has prevented states and counties around the country from moving swiftly to fully-computerized voting and tabulation systems, as well as computerized electronic pollbooks (all frequently serviced by a small group of private contractors) as we move toward the critical 2020 elections. If those any of those thousands of jurisdictions whose poling places now rely on such automated systems on Election Day --- often without paper backup for ballots or pollbooks --- were to be similarly crippled by a ransomware attack on or before Election Day, the result would be unimaginable chaos next year. But how likely is that, really? Why worry?;

• Some voters in Georgia are, in fact, very worried, and justifiably so, about the state's newly certified, 100% unverifiable touchscreen voting systems now planned for first-time use in 2020. As we reported on the show a few days ago, those voters have invoked a little-known provision in GA's election code to demand a reexamination of the new systems which the state certified just weeks ago. The multipartisan voters charge Republican Sec. of State Brad Raffensberger violated state requirements in his initial certification, and failed to do any security testing at all. The Sec. of State's office now says the petitioners, who prefer state voters use verifiable hand-marked paper ballots systems, simply disagree with the "policy preferences" of the Georgia General Assembly and must pay the costs for the second examination themselves;

• In similar-ish news here in Los Angeles County --- the nation's largest voting jurisdiction, which is also planning to move to new, 100% unverifiable computer touchscreen Ballot Marking Devices for the 2020 election --- the county's Registrar-Recorder/County Clerk Dean Logan is refusing to answer questions by voters on Twitter as to whether they will be allowed to vote on hand-marked paper ballots at the polling place this year. That has been a mandate by the CA Sec. of State for many years.

  Also, Logan has similarly failed to respond for several days to a generous offer by legendary Finnish cybsersecurity and voting systems expert Harri Hursti to examine the county's new, never-before-used-in-any-election BMD systems for security concerns. Hursti, the first to have hacked a Diebold voting system over a decade ago, runs the now-infamous annual Voting Village event at the DefCon hackers convention in Las Vegas --- where, year after year after year, enormous vulnerabilities are discovered in every voting system put before the attendees. Despite Hursti's offer, Logan has not responded to it via Twitter.

  Why has the previously communicative Logan gone so mum? He has been very outspoken on Twitter in the past, and still seems to have no problem citing L.A. Times stories about his new system there. (Perhaps because those stories shamefully fail to mention any of the many security and verifiability concerns about them, as cited by cybersecurity and voting systems experts.) Why is Logan, a long time, usually quite responsive and responsible election official no longer answering questions from his voters and media about such a huge sea-change in voting for some five million L.A. County voters?;

• Finally, Desi Doyen joins us for the latest Green News Report on record wildfires from the Amazon to the Arctic, record Alaskan heat killing salmon in the rivers, Jay Inslee's exit and teen climate activist Greta Thunberg's imminent U.S. arrival...by solar-powered boat.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

We've got some pretty huge and long-overdue breaking news today from a federal court in Atlanta. It's huge enough that we dumped what we were previously planning to cover to devote today's BradCast to the judge's new order in a case that we have been following now for years. [Audio link to show follows below.]

U.S. District Court Judge Amy Totenberg, in a 153-page ruling [PDF], finds that Georgia's 100% unverifiable Diebold touchscreen voting systems, in use in the state since 2002, are not fit for U.S. elections because they are "unsecure, unreliable and grossly outdated". They are so unsecure, in fact, that they violate the Constitutional right of voters to have their votes counted as cast.

"Georgia’s current voting equipment, software, election and voter databases are antiquated, seriously flawed and vulnerable to failure, breach, contamination and attack," Totenberg writes.

She excoriates the state Defendants --- former Republican Sec. of State, now Governor Brian Kemp and current Sec. of State Brad Raffensberger --- for lying about facts and evidence in the case (though she is only slightly more polite in her wording, by describing the "Defendants' inconsistent candor with the Court") and for dismissing the many long-proven security concerns about these systems as "fantasy" forwarded by Plaintiffs.

While Judge Totenberg will allow the old Diebold touchscreen Direct Recording Electronic (DRE) systems to be used one last time in Georgia's municipal and county elections this November, she makes it clear they may not be used again in 2020 or thereafter under any circumstances. She also offers several hints that the state's recently selected new touchscreen systems, now planned to replace the old ones, may also be found unconstitutional in further proceedings, leaving the clear preference of cybersecurity and voting systems experts --- hand-marked paper ballots --- as the only option likely to meet requirements for auditability and Constitutionality.

We're joined to explain all of these details and much more today on what is a clear, overdue --- if not (yet) total --- victory, by plaintiff MARILYN MARKS, Executive Director of the Coalition for Good Governance. She has been joining us on the show for a number of years now with updates on each important aspect of this broad and gruelingly long case since filing it about two years ago. Marks calls today's ruling a victory not just for Georgia voters, but for those in many states where similar systems are now used --- including some where newer, if still unverifiable, touchscreen systems are being planned for use in 2020.

"The court ruled that DREs are unconstitutional. And that anybody voting on these things should be worried about their vote," says Marks. "Of course, this doesn't relate just to Georgia. The words of this federal court will be heard around the United States. Hopefully this will have an impact on other jurisdictions" where, she hopes, they will take notice of the judge's words recommending hand-marked paper ballots.

Marks explains that Judge Totenberg does not appear much happier with the new system Georgia now plans to use in 2020, though was unable to offer a finding on it, yet, given that the state just finalized their decision last week. But, Totenberg offered warnings about those new touchscreen computer Ballot Marking Devices (BMDs) in several places in the ruling, such as when she warned: "The past may here be prologue anew — it may be 'like déjà vu all over again.'"

Indeed, Marks says her non-partisan organization plans to seek an injunction on use of Georgia's new, equally unverifiable touchscreen systems as well, and that Totenberg, perhaps with that in mind, has ordered that a number of counties run hand-marked paper ballot pilot elections this year in advance of next year's Presidential primary elections. "We will absolutely be launching a constitutional challenge against Ballot Marking Devices," she vowed.

"Surely they realize that the hand-writing is on the wall and they've got to quit fighting for unverifiable elections. I would think Georgia voters are going to get pretty sick and tired of this. Most of these guys are elected officials, so I think that they need to consider the political consequences if they want to continue to fight for unverifiable elections."

As to allowing the old, unconstitutional systems to be used one more time in the state's 2019 municipal elections, Marks advises: "While they can be used in November, they shouldn't be used in November. Those people on the ballot, those people voting in the municipalities, should demand right now --- right now is the time to do it --- that their county, their municipality go ahead and use hand-marked paper ballots. They've got the equipment for it [since they already use hand-marked ballot systems for absentee voting across the state] they've got the know-how, they ought to do it."

In one other key element of this case, as Marks explains, the Judge also ordered a review of the state's electronic pollbook systems which resulted in failure and chaos and disenfranchisement during last November's general elections. She has ordered that polling places must have paper backup pollbooks on hand in elections moving forward, to avoid the disenfranchisement of voters when electronic voter registration systems fail on Election Day or are manipulated by malign actors.

"Just like with any computerized voting component, it can be hacked," Marks tells me regarding the state's ES&S ExpressPoll registration computers used in the Peach State's precincts. "There can be errors. There can be mis-programming. And that's been occurring in Georgia. [Judge Totenberg] asked us to bring her evidence. We brought her hundreds of affidavits of people who were turned away at the polls who should not have been. We brought her evidence of software problems in the e-pollbook system. And therefore she said, 'Enough of this! Go fix the system!'"

She continued: "I get it as to why computerized [registration] records can be very helpful here, but let's use some common sense. And the judge has said have a paper backup so that if there is a question that needs to be adjudicated, use the official paper backup. And look it up right there, and don't run people away from the polls. Give them their ballot."

In fact, in her ruling, the judge cites "threats of contamination, dysfunction, and attacks on State and county voting systems, disparaged by the Secretary of State’s representatives...as a fantasy and still minimized as speculative" by the Defendants as recently as a hearing in the case this year. That, Totenberg notes, despite threats "identified in the most credible major national and state cybersecurity studies and official government reports." She even cites "real life" incidents that "played out with the United States’ July 2018 criminal indictment of a host of Russian intelligence agents for conspiracy to hack into the computers of various state and county boards of election and their vendors as well as agents' efforts during the 2016 election to identify election data system vulnerabilities through probing of county election websites in Georgia and two other states." All of which, writes Totenberg --- as Marks has long been arguing --- serves to "burden Georgia citizens' right to cast a vote that reliably will be counted."

As to the lies --- er..."inconsistent candor with the Court" --- Marks notes the Secretary of State's staff told "just absolutely black and white lies. They didn't mind lying to the court. And one has to wonder what is it that they are hiding that makes it worth lying to the court, and facing the potential consequences of lying to the court." She told me she intends to seek sanctions from the court for those lies in the days ahead.

So, yes, some big --- and very good --- news for a change today!

Finally today, the one thing we did not throw over to make room for the landmark ruling out of Georgia, Desi Doyen joins us for the latest Green News Report on global warming-fueled toxic algae blooms now killing dogs in a number of states; Big Oil pushing into plastics manufacturing as gasoline demand declines in the wake of the electronic car revolution; plastic pollution found in falling snow in the otherwise pristine Arctic; and Democratic-led states suing Trump's EPA to block his rollback of Obama's Clean Power Plan...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)