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Latest Featured Reports | Tuesday, December 6, 2022
All State-Funded Media is
Not Created Equally:
'BradCast' 12/5/22
Guest: Voice of America's former WH House Bureau Chief, Steve Herman; Also: New flu, COVID surge; Russia's latest offensive; Trump calls for 'termination' of U.S. Constitution...
Sunday 'Abandon All Hope' Toons
Give it up for PDiddie's latest collection of the week's best political toons...
AZ Election Super-Geniuses: 'BradCast' 12/2/22
Cochise County ordered to certify results; Lake, Finchem attorneys sanctioned; Also: Warnock campaigner shot in GA; Boebert recount begins in CO; Dems avert rail strike, but about those paid sick days...
Seditious Conspiracy Verdicts and 'Mob Boss' Obstruction: 'BradCast' 12/1/22
Guest: Emptywheel's Marcy Wheeler; Also: Out of work loser, Dr. Oz; Hilarious sentence for GOP vote suppressors; Breaking: 11th Circuit nixes Special Master in Trump docs case...
'Green News Report' 12/1/22
  w/ Brad & Desi
DoJ sues to clean up water supply in Jackson, MS; Mauna Loa shuts global CO2 monitor; New methane rules for drilling; PLUS: Int. Dept to help tribal communities escape rising seas...
Recent GNRs: 11/29/22 - 11/17/22 - Archives...
Good News and Bad News in GA Early Runoff Voting: 'BradCast' 11/30/22
Guest: GA election expert, observer Jeanne Dufort; Also: Dems unite behind new House leadership; Bills passed to help avert rail strike; Meadows ordered to testify in GA...
Fun Times in MAGA Land!: Sedition! Collusion! Denial!: 'BradCast' 11/29/22
Oath Keepers chief 'guilty'; GOP money launderer 'guilty'; AZ Dem SoS/Guv-elect fights to keep Repubs from disenfranchising selves...
'Green News Report' 11/29/22
Breakthrough at U.N. climate conference; Americans at risk of power blackouts; Buffalo, NY buried by blizzard; PLUS: Houston, TX under boil water notice...
We're Back! But Election and Accountability Season Never Left: 'BradCast' 11/28/22
Pillow Guy is running!; Special Counsel wasting no time; Trumpers failed in AK too; Lake still pretending in AZ; Callers have a few thoughts...
Sunday 'Once More Unto the Breach' Toons
And here we go again...into PDiddie's latest post-Turkey toon collection...
Turkey Toons
Gobble gobble! Our thanks to the one and only Pdiddie for a special holiday collection of toons to help you burn off a few calories!...
Debating the Merits of Garland's New Special Counsel: 'BradCast' 11/21/22
Guests: Former DoJ prosecutor Randall D. Eliason of GWU, Const'l law expert John Bonifaz of FSFP; Also: Does the Const. disqualify Trump from 2024?...
Sunday 'Ready or Not' Toons
PDiddie's latest collection of the past week's most gut-busting political toons...
'Green News Report' 11/17/22
Crunch time for COP27 climate agreement; NASA says sea levels to rise a foot by 2050; Trump's 2024 announce-ment climate lies; PLUS: Climate disinfo surging again...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: No, we weren't 'united' after 9/11. My 'Presidential Speech', written 20 years ago this week. Plus: Callers...
By Brad Friedman on 9/13/2021 6:44pm PT  

On today's BradCast: Election Day for the California Gubernatorial Recall is tomorrow, though many have already voted across the nation's most populous state with Vote-by-Mail ballots. And we also share some thoughts on 9/11 that may be very different from the coverage of its 20th anniversary over the weekend.

Today would have been the last chance for CA Sec. of State Dr. Shirley Weber to mandate a statewide post-election Risk-Limiting Audit (RLA), as the nation's top cybersecurity and voting system experts have urgently asked her [PDF] to do on an "emergency" basis. That, following a recent voting system security breach that effects election management systems and tabulators made by Dominion, as used in 60% of the state's counties. Despite their pleading, Weber declined to call for such an audit.

Instead, she sent a letter [PDF] in reply to the security experts who contacted her with "urgent" concerns, after she held a meeting with them last week (which we reported on in detail on Friday). She sung the praises of California's election security process in the letter, and dismissed their concerns, as AP's coverage highlighted, as "inaccurate," noting that, in any event, there was no time to mandate such an audit because it would require "significant preparation, training and testing."

"Further," she wrote the group of top voting and cybersecurity scientists in the nation (and perhaps the world), "the implication that California’s elections cannot be conducted safely and securely without [a more rigorous audit] is inaccurate, as California has the strictest voting system testing, procedures for use and security requirements in the nation."

Suffice to say, as we've been reporting in detail over the past month (as succinctly summarized by longtime listener/reader Sheila Bernard in an L.A. Times Letter to the Editor today) --- ever since a Republican County Clerk in CO made illicit copies of the Dominion Election Management System (EMS) software in her county before it was later released to the Internet for wide download, to the shock and horror of the voting system scientists whose warnings Weber has now ignored --- what happens next is anyone's guess. In its latest coverage, AP cites local election officials in the state, such as Santa Barbara County Clerk Joe Holland claiming it would be "near impossible" for anyone to manipulate results. "It's not even a concern," he said.

That disregard for the scientists warning of the need for "emergency actions" brings to mind a comment from one of those scientists, University of South Carolina's Duncan Buell, who told us on The BradCast last week: "I have seen well meaning election officials with too little skepticism and too much hubris. And I think that's a problem." It certainly might be. We'll find out, perhaps, in a day or two.

At the same time, we report on a few other problems that polling place voters have reportedly had trying to cast their ballot in Los Angeles County over the weekend, thanks to yet another failure of the County's new electronic pollbook system. The same system failed repeatedly during its maiden use in the 2020 election cycle and, over the weekend, the new computer systems incorrectly informed both Democratic and Republican voters that they had voted already...when they had not, in at least two different voting locations. Those voters were given provisional ballots and the e-pollbooks in question were said to have eventually been removed from operation, according to a statement from the L.A. County Registrar's office.

Both California and the nation are now on pins and needles. There are disturbing implications if Democratic Gov. Gavin Newsom is removed from office in California and replaced in the Recall by rightwing talk show host Larry Elder, particularly with the state's 88-year old U.S. Senator Dianne Feinstein in office with the barest of majorities for Democrats in the Senate.

Next, there were 20th anniversary commemorations over the weekend to mark the horrific terror attacks of September 11, 2001. Along with it, there was more repetition of the false claim that "America came together, united as one after the attacks". That has always been a myth, as we discuss today.

To underscore that myth, I share a part of my 20-year old, never before shared publicly (I think), "My Speech to the Nation After 9/11 (Were I President, Which I am Not.)" which I wrote and shared with family members on September 14th, 2001, just days after the attacks. The speech, as written (but, obviously, never delivered) was, to say the least, a very different one --- with a very different call to action --- than the one delivered at that same time by George W. Bush. And, had I been President at the time (which I wasn't), it likely would have resulted in a very different America and world today. Whether it would be a better one? Well, you can decide and let me know.

Finally, we open up the phone lines today to callers on all of the above, many of whom are focused on questions and concerns about the CA Recall...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Emily Levy of Scrutineers, Jim Soper of NVRTF; Also: GOP freaks out over Biden's vaccine mandate; Cat 5 super typhoon targets Taiwan...
By Brad Friedman on 9/10/2021 6:58pm PT  

On today's BradCast: There's an old idiom about the importance of "knowing the room" you're talking to. It seems the California Sec. of State and/or her office may be unfamiliar with that old idiom. At least based on the bizarre request they made during a meeting on Thursday with some of the nation's top cybersecurity and voting systems experts, asking them to be "cheerleaders" for the state's voting system security procedures. That, following the recent theft and release of key voting system software by rightwingers that has set the hair of those computer scientists on fire, leaving them to urge the SoS to take "urgent" and immediate "emergency actions" to protect Tuesday's Gubernatorial Recall in the Golden State. [Audio link to full show is posted below this summary.]

But before the inside details on that meeting, Republicans are now predictably freaking out after President Biden announced reasonable, science-based mandates on Thursday, requiring millions of federal employees and contractors to be vaccinated against COVID-19 without an option to test out. There was nothing particular unusual about the executive directive. There are thousands of such vaccines mandates across the country, and have been for decades. They have long been approved by both state and federal courts.

But the GOP, having abandoned any and all actual policy agenda, has become little more than a party of grievance and evidence-free conspiracy theories. Following Biden's new mandates, their heads are exploding as they vow to sue and are equating reasonable new efforts to try and help keep Americans alive (while the Delta variant is surging and infecting and killing more school children) with "tyranny" and "Hitler". Some, including a top U.S. Senate candidate in Ohio, are even encouarging violence against Government officials he is now equating with the "Gestapo".

But that's what Republicans now do. Back here in the Not Crazy World, in places like San Francisco, the city's Health Department announced this week that there have been zero outbreaks of COVID since the school year began in mid-August. That's thanks to universal masking and other common sense requirements for staff and students alike. Contrast that with Florida and Texas and other GOP run states, where schools are shutting down yet again as hospitals are being overwhelmed with cases.

When they're not drama queening about the "FREEDOM!" to infect and kill their friends, family, neighbors and co-workers, they're busy pretending that elections are being stolen from them, despite any hint of evidence to support such serious charges. Lack of evidence this week has not prevented either the former President or rightwing radio host Larry Elder from claiming the ongoing CA Recall election is "rigged" if the popular Democratic Gov. Gavin Newsom is not removed from office...in a state where registered Ds outnumber Rs by about 2 to 1.

But even if there is no evidence to date of the "voter fraud" Trump and Elder are certain is going to rob Republicans of a victory, there is reason to be concerned about the results of the September 14th Recall. As we've been reporting over the past month --- too often exclusively --- the theft by a Republican County Clerk in Mesa County, Colorado of the Election Management System (EMS) software made by Dominion Voting Systems, and its wide release for download by anyone via the Internet, has placed Tuesday's election in peril, according to cybersecurity and voting systems experts.

Last week, eight of them penned an "urgent" letter [PDF] to CA Sec. of State Dr. Shirley Weber, warning her about the serious security breach caused by the release of the key software used to run and tabulate elections in nearly 60% of California counties. Those top experts --- including UC Berkley's Philip Stark, Georgia Tech's Rich DeMillo, the legendary cybersecurity and voting system white hat hacker Harri Hursti, Livermore National Laboratory cyber expert and longtime CA Sec. of State voting system Advisor David Jefferson, Univ. of South Carolina's Duncan Buell and others --- urged Weber, in their letter, to immediately mandate statewide, public, post-election Risk-Limiting Audits in order to ensure both the accuracy of the computer-tallied results and confidence in them by the public.

"It is critical to recognize that the release of the Dominion software into the wild has increased the risk to the security of California elections to the point that emergency action is warranted," the scientists wrote to Weber, citing the "critical new risk to the recall election" and how to mitigate those risks.

As we've reported, along with a number of the scientists who sent that letter who have appeared on this program, the Secretary's office, while claiming the state's existing security procedures will protect against any problems (even though the scientists explained otherwise in their letter), seemed to be in denial about the concerns. As we've reported, her office had not even offered a direct reply to the scientists until they and a number of state election integrity advocates were invited to a last-minute video conference meeting with Weber and her staff yesterday.

It was at that meeting where the participants --- again, some of the world's top experts in computer and voting system security --- were asked to be "cheerleaders" for California's current security procedures. Of course, anyone who knows folks like the legendary Hursti would be likely to laugh at that particular request.

We're joined today by two participants in Thursday's video meeting with Weber, longtime election transparency advocate EMILY LEVY of Scrutineers.org and JIM SOPER, co-chair of the CA-based National Voting Rights Task Force, which had also sent a letter to Weber urging improved post-election processes following last month's leak of the Dominion EMS software.

Levy confirmed that participants were asked, to be "cheerleaders" during the meeting. "Absolutely, that did happen," she tells us today, confirming my own reporting with a number of other participants. "And I have to say it was quite surprising, especially when coupled with the turning down of our requests about doing the Risk Limiting Audit. So, 'No, we won't do what you're asking, but we do want you to be cheerleaders for the security of the election.'"

"You know, I will applaud any increase in security procedures that I am aware that they are doing," she added. "But I'm certainly not in any position, and I don't think anyone there is, to put our reputations on the line saying  we'll swear by the security of this election. Especially if they're not going to be increasing auditing procedures."

Both Levy and Soper suggested the office seems to understand that the Dominion Election Management System software has now been released, but didn't seem to fully appreciate the threat it poses to the election, as the scientists --- who were also on the video call --- made clear in their letter. "I didn't hear the level of alarm that I think is warranted," Levy notes.

"I think she understands the threat," Soper argued, before explaining that "a big part of the problem is the shortage of time" between now and Tuesday's Recall Election Day. He says, however --- as did UC-Berkeley's Stark, a signatory on the letter, participant in Thursday's meeting and the inventor of the Risk-Limiting Audit protocol --- that there are simplified versions of the RLA format that could be implemented quickly enough and announced for before Tuesday to avoid the appearance of partisanship.

"There is something called a 'Ballot-Polling Risk-Limiting Audit' that they could do," says Soper. "It's not as effective [as a regular, full RLA], but it would be better than doing nothing." He also notes that Weber asked the meeting participants to "send in a little letter with some notes on what we think should be done [and] that they're going to consider 'what can we do?' out of all of these suggestions."

Weber, a Democrat, may not be as concerned as she could be about all of this, as recent polling shows opposition growing to the removal of Newsom. Still, holding ones breath and crossing ones fingers is hardly a recipe for either success or for the protection of election results that voters of all political leanings can have confidence in.

On the other hand, Levy offers several actions that the public can take in the meantime, both from inside and outside of California, to help oversee and secure the election and try to ensure its integrity, via her Scrutineers site.

Finally today, we close with yet another warning of yet another monster hurricane. This time, it's the Category 5 Super Typhoon Chathu that recently spun up in record time. It's now set on a deadly collision course with Taiwan. Just more fallout from our ever-worsening climate emergency in yet another record storm season fueled by non-stop man-made global warming...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Legal journalist Mark Joseph Stern; Also: Cybersecurity and voting system experts alert CA SoS to stolen election software threat to Recall...
By Brad Friedman on 9/7/2021 6:07pm PT  

We're back! Luckily it was a slow news week while we we're off last week, right? Okay, maybe not. So, on today's BradCast we begin to pick up on just some of that "slow" news. [Audio link to full show is posted below this summary.]

After nearly month or so of trying to ring alarm bells for the national media and election officials in California, hoping they would connect the dots between the ongoing CA Gubernatorial Recall election and the threat of Dominion Voting Systems election software stolen from a Mesa County, Colorado's County Clerk's office (apparently BY the Mesa County Clerk herself!) and released into the wilds of the Internet, we had some progress late last week!

Eight of the nation's top cybersecurity and voting systems experts sent an urgent 3-page letter [PDF] to CA Sec. of State Shirley Weber, warning her about the threat that the stolen software now poses to the CA Recall (Election Day is next Tuesday, Sept. 14th) and the need for her to immediately mandate a statewide post-election Risk Limiting Audit to both ensure the computer-tallied results are accurate and to offer confidence in those results to those who may think they are not. That, no matter who wins or loses. As we reported late last week at The BRAD BLOG, the scientists, in their letter to Weber, warn the Secretary that "it is critical to recognize that the release of the Dominion software into the wild has increased the risk to the security of California elections to the point that emergency action is warranted."

Associated Press reported on the letter as it was released last Thursday, as did we. But the response from the SoS' office for now is, shall we say, somewhat lackluster. We hope to have more on this as the week progresses and Election Day nears. But at least it's not only us with our hair on fire about these serious concerns.

Next, there were three disturbing rulings issued --- largely in the middle of the night --- by the stolen and packed GOP majority on the U.S. Supreme Court while we were gone or just before we left. All three cases have major consequences. And, in all cases, the rulings were issued without hearings, oral argument, public debate or oversight, or even full explanation from the rightwing Justices.

One "stunning" ruling prevents President Biden from setting U.S. immigration policy, by forcing him to continue the so-called "Remain in Mexico" policy instituted by his predecessor for asylum seekers coming up from Central America; Another blocked the President's moratorium on evictions amid the pandemic; and, perhaps the most disturbing one, as you may have heard, effectively overturns the long-standing precedent of Roe v. Wade's constitutional protections of the right of a woman to have an abortion in the state of Texas. All three decisions were issued with no hearings or public debate and virtually no comment from the Justice's as part of the Court's "Shadow Docket" while they are on Summer break between terms.

Longtime legal journalist MARK JOSEPH STERN has been warning for a while about the increasing use (and abuse) of the "Shadow Docket" by the increasingly activist authoritarian Court, now that it's been packed with three Donald Trump appointees, rammed onto the Court after Senate Republicans did away with the filibuster to do so. Now, as we discuss with Stern on today's program, it should be clear to just about everyone what it is that he's been warning about.

"With the Shadow Dockets, it means that basically we all have to be on high alert 24 hours a day, 7 days a week, because at any time the Supreme Court could issue a monumental decision overturning decades of precedent," says Stern, with little or no warning or explanation.

On the "Remain in Mexico" ruling, Stern observes: "You might have thought that the Supreme Court does not let lower court judges issue sweeping injunctions blocking the President's immigration policies. As you recall, under Trump, the Supreme Court's conservatives leapt in, time and time again, to swat down judges who had tried to halt the former President's immigration rules. But all of that is out the window now that Joe Biden is in the White House. Instead, we have a new principle here that, apparently, the President no longer runs foreign policy." In fact, in this case, that lower Trump-appointed judge actually ordered Biden to enter foreign policy negotiations with Mexico and, astonishingly, the high court let the order stand without comment!

"The hypocrisy here is stunning," Stern argues. "The Supreme Court said that the President gets to make immigration law over and over again under Trump. Remember the travel ban case? Remember the wealth-test case? Remember all of these awful cases where the Supreme Court said Trump can do whatever he wants? And then Biden comes in, and the Supreme Court says Biden can't do anything he wants."

On the eviction moratorium, also overruled by the rightwing Justices, "we're being deprived of any kind of clear debate" via the Court's Shadow Docket, where "the conservatives are awarding themselves more and more power to pretend that debatable decisions in the lower courts are so obviously wrong that they can intervene and resolve them whenever they want."

But, of course, the most egregious item decided without explanation or public debate --- or even a hearing in the lower appellate courts! --- over the last two weeks, is the SCOTUS decision that allows Texas Republicans' new abortion ban law to take effect. The state statute bans all abortions after the sixth week of pregnancy and deputizes citizens to file lawsuits against anyone --- from family members to friends to clergy members to Uber drivers --- who helps a woman in any fashion to obtain an abortion. Such citizen "bounty hunters" will each be awarded at least $10,000 for doing so, under Texas law. All of this, of course, blatantly undercuts the precedent set by SCOTUS in 1973's Roe v. Wade, establishing a Constitutional right to an abortion. And, it's all now being done under the cover of the Shadow Docket, which even Chief Justice Roberts, in this one instance, was forced dissent against.

Whether the Lone Star State's convoluted scheme of deputizing citizens to enforce the law, rather than the state doing so directly, gets around the mandates of Roe is "a huge question, and it's one that I think deserves a full airing, especially after 50 years of Americans enjoying a constitutional right to reproductive autonomy," Stern explains. "It's the kind of thing that would be debated in public if this were a regular case. And also, traditionally in the law, there's a really strong bias toward the status quo, to keeping things as they have been until the Court can have a full and fair hearing on the merits. We didn't get that hearing here, and yet the Court refused to step in and maintain the status quo of abortion access. So we are left with the nation's second largest state shuttering its abortion providers and forcing women to flee out of state if they want to terminate a pregnancy."

So, what, if anything, can be done about the emboldened far-right's abuse of the Shadow Docket at SCOTUS? We discuss that as well, including measures that could --- and, arguably should --- be taken immediately by Congress to reign in an out-of-control Court. Those measures, however, would likely require Democrats to reform the Senate filibuster in order to enact them --- ya know, just as Senate Republicans did to jam these far-right activist jurists onto the Court in the first place, where they are now using the Shadow Docket to, cowardly, run wild. And, all of that, before SCOTUS even begins its term on the first Monday in October, when, Stern predicts, there is even more bad news regarding freedom and civil rights in these United States...

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