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"...

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It's been a rough week in the federal courts for Donald Trump. Even the Republicans' stolen U.S. Supreme Court failed to grant at least one victory to the Administration in its loss last week over the fight to add a question on citizenship to the 2020 U.S. Census. That loss, where Trump clearly expected a win from his cooked High Court, has resulted in the admission of another humiliating defeat for Republicans, but a huge victory for those of us who still support the idea of democracy...as fragile as it remains in the U.S. on the eve of our Independence Day holiday in 2019. There were other encouraging signs of hope from our courts this week as well, though there remains plenty to be concerned about as we head toward the crucial 2020 elections. [Audio link to show follows below.]

Among the stories covered, in addition to the breaking Census news, on today's BradCast...

• Trump may be getting a few tanks for his corrupt 4th of July celebration at the Lincoln Memorial on Thursday, though they won't be rolling down Pennsylvania Avenue. Where they will be, according to some poor writing from CNN, is another matter. ("Trump later confirmed tanks would be present during remarks in the Oval Office.");

• Heat records are shattering in the U.S. and around the world, resulting in mussels cooking in their own shells in normally cool Northern California and highways dangerously cracking and buckling in South Dakota. What happened in Mexico and Europe, however, we hold until today's Green News Report at the end of the program;

• But, back to the courts, as the U.S. House Ways and Means Committee filed a federal lawsuit on Tuesday against the Administration for failing to turn over six years of Donald Trump's tax returns as required by federal law, in a case that Trump seems unlikely to win. A long legal fight, however, may help him to delay the inevitable, unless he is able to receive a helping hand to undermine the rule of law from his friends at the stolen and illegitimate SCOTUS;

• But the lower courts, so far, have provided little help to Trump. Late last Friday, with surprisingly little notice, albeit in the middle of a ton of other news, a federal judge in California blocked Trump's phony "national emergency" declaration meant to steal billions of dollars from the military to build portions of his long-promised Southern border wall (which apparently Mexico is still not paying for.) The same judge in two different challenges to Trump's blatant attempted theft, ruled that Trump's use of military funds for this purpose was "unlawful" and in violation of Congress' Constitutionally-mandated control of federal purse-strings. The Administration, however, is expected to appeal both rulings;

• Voters in Florida, in the meantime, will have to hope for good news from the courts in the days ahead after Republican Gov. Ron DeSantis --- who was reportedly elected by less than one half of one percent of the vote last November --- quietly signed a controversial new law late on a Friday, without ceremony, the day before his deadline to sign it, which guts the state's reform of a 150-year old racist voting restriction. Despite passage of state Constitutional Amendment 4 last November --- by an astonishing nearly 65% of the electorate --- the new bill was passed along partisan lines in the GOP legislature to restore a restriction on the right of many former felons to vote. The new law, which went into effect Monday in the Sunshine State, requires former felons to pay off all court fines and fees before being allowed to vote, in contravention of the statewide ballot initiative which took effect on January 1 with no such restrictions. DeSantis had specifically pushed the GOP-controlled legislature to pass the bill, which will block many of the 1.5 million former felons --- including 1 out of 5 voting age African-Americans in the state --- from seeing their lifetime ban on the right to vote lifted. Voting rights advocates accurately describe the measure as an unconstitutional "poll tax" and have already filed suit to block it. The "conservatives" in the state will now have to spend millions in order to defend their new, unpopular law;

• That's just one of the measures the GOP is beginning to take in order to boost their odds in 2020, as former President Jimmy Carter noted late last week that he doesn't believe Donald Trump is a legitimate President. Speaking Friday at a human rights forum hosted by the Carter Center --- which has served as a monitor of elections in third-world countries for decades --- the former President charged: "There’s no doubt that the Russians did interfere in the elections and I think the interference, although not yet quantified, if fully investigated would show that Trump didn’t actually win the election in 2016. ... He lost the election and he was put into office because the Russians interfered on his behalf." He said "yes", when asked by the forum's moderator if he believe Trump was an "illegitimate" President. Carter may be right or wrong. Shamefully, nobody knows for certain, since the public was never allowed to examine the ballots or the voting and tabulation systems following the 2016 Presidential election. That lack of public oversight, as we have long argued, continues to erode confidence in the legitimacy of American democracy. New, 100% unverifiable voting systems being put in place in advance of the 2020 race, unfortunately, (in states like Georgia and cities like Philadelphia and counties like Los Angeles) are likely to make that problem even worse;

• But, speaking of how bad the 2020 cycle could be, the Trump Campaign has already begun their dirty tricks, according to a report in the New York Times. One of its "rising star" digital content producers has created a phony Joe Biden campaign website, meant to look like Biden's official campaign site, in order to smear the former Vice President. Neither the Trump campaign nor its staffer, Patrick Mauldin, who admits to having created the site, is noted on the page as being behind it. The fake campaign site, according to the paper, has received more visits than Biden's official website, and Mauldin has also "anomalously" created pages meant to undermine other current 2020 Democratic front-runners such as Bernie Sanders, Elizabeth Warren and Kamala Harris. Do Dems have any plans on how to deal with this sort of thing in 2020? Right now, it appears that they do not. Unless Dems pull together somehow --- even across another rough and tumble nominating process --- a repeat of the 2016 disaster should not be a surprise to anyone;

• Finally, speaking of 2020, Desi Doyen joins us for our Green News Report special coverage of last week's first Democratic Presidential Debate in Miami, where the planet's worsening climate crisis finally received at least a little bit of airtime from many of the Presidential hopefuls across the span of the much-watched two-night event...

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On today's BradCast: Why Donald Trump finally buckled in his demand for border wall funding and how the unprecedented government shutdown helped distract all of us from the Administration's new policy that endangers children by officially allowing blatant religious discrimination --- at least against religions other than Protestant. [Audio link to show follows below.]

On Friday, Trump caved. He finally agreed to reopen the federal government --- at least temporarily --- after five weeks and the longest shutdown in U.S. history. He pretended he'd made a "deal" with Democrats. In fact, he simply agreed to continue funding the government at its previous levels until February 15. He received zero dollars for his border wall in the bargain, while suggesting during bizarre, inaccurate and, at times, graphic remarks at the White House that, without some sort of "deal" for a wall, he would either shut the government down again in three weeks or declare a "national emergency" to take the money to build it from elsewhere.

There were many reasons Trump finally buckled today, including increasing anger from lawmakers in his own party, plummeting poll numbers, news that the IRS was in "panic mode" without enough workers as tax season begins, and flight delays up and down the Eastern Seaboard thanks to a shortage of Air Traffic Controllers, according to the FAA. But there were at least two stories that the Administration, no doubt, was eager to get off the front pages today and over the weekend.

One, a stunning report from NBC News Thursday night that Trump's son-in-law and senior advisor Jared Kushner had been rejected for top secret clearance in 2017, for a host of reasons, by two career security professionals at the White House, only to have that security recommendation overruled (along with similar rejections for "at least 30" others!) and granted to him by a Trump appointee. Also, Trump's longtime supporter and dirty trickster Roger Stone --- who helped lead the "lock her up!" charge against Hillary Clinton with the release of hacked emails by WikiLeaks --- was arrested in Florida on Friday morning by FBI officials and charged with seven counts of lying to Congress, witness tampering and obstruction of justice by a grand jury convened as part of Robert Mueller's Special Counsel probe. Following the GOP's fake "outrage" about national security concerns related to Clinton's private email server, which Stone helped amplify, there's no small amount of irony here with his arrest on the heels of news that the Trump Administration appears to have forgone top level security concerns altogether in order to allow Kushner and others access to the nation's most closely guarded intelligence materials.

Trump's "deal" to temporarily reopen the government may have served to change the news cycle for a few hours, but it didn't endear him to Republican extremists like Ann Coulter, whose critiques late last year led Trump to break his agreement with lawmakers and demand $5.7 billion for a southern border wall resulting in the five week shutdown. Today she deried him as "the biggest wimp ever to serve as President."

While all of these nightmares have been unfolding in recent weeks, few noticed that the Trump Administration's Health and Human Services Department quietly approved a very controversial waiver to allow a Protestant South Carolina group called Miracle Hill Ministries to discriminate against Muslims, Jews, Catholics and atheists in the placement of foster care children. We're joined by criminal justice reporter AKELA LACY of The Intercept today to explain this very real and disturbing outrage which very few have noticed, and how the Administration's partnership with "Religious Right" Republicans under the guise of "religious freedom" is now officially sanctioning religious discrimination in the U.S.

"South Carolina is saying that the foster care statute in HHS rules and regulations does not specify religion as a characteristic on which they are not allowed to discriminate. They say that the foster care program statute says that agencies that receive federal funding can't deny parents based on race, color or national origin, but that because that statute does not specify religion, the request that Miracle Hill accept these families is outside of the law," Lacy tells me, noting that state law in South Carolina bars this sort of discrimination, as do federal non-discrimination laws that the Administration appears to be ignoring.

"The other really scary part of this," she notes, "is that, aside from these individual waivers, eighty Republican lawmakers signed a letter to the President in May asking for even further repeal of these federal protections against discrimination. So this is not just something that is being advocated for on a state-by-state basis. This is a quiet effort from the right to change these rules in the interests of mostly Christian organizations."

Describing a similar waiver request from Texas --- which also seeks to allow discrimination against LGBTQ families as well --- she says (real) advocates of religious freedoms and civil liberties fear the South Carolina precedent is likely now to spread to other states, other federal agencies, and other matters that reach well beyond foster care while much of the media continue to be distracted with the ongoing Trump chaos...

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Everything --- EVERYTHING --- is not normal right now. From an imploding Presidency to the GOP's unprecedented withholding of documents for a SCOTUS nominee, to the more "normal" abnormalities we've become shamefully accustomed to, like mass shootings, election fraud and voter suppression in advance of another huge election and, yes, a global climate in crisis. Among the related stories covered on today's very busy BradCast [Audio link to show follows below.]...

• At least four were killed, including the shooter, in another mass shooting today, this time in downtown Cincinnati. Shamefully, the bloodbath barely cracks today's national headlines."This is not normal, and it shouldn't be viewed as normal. This is abnormal. No other industrialized country has this level of active multiple shootings on a regular basis," Cincinnati Mayor John Cranley said at a news conference today;

• It was day 3 of U.S. Senate Judiciary Committee confirmation hearings for Judge Brett Kavanaugh, Donald Trump's nominee to the U.S. Supreme Court. Republicans continue to rush through his confirmation while withholding tens of thousands of documents from both the Senate and the public, leading Democratic U.S. Senators Cory Booker (NJ), Mazie Hirono (HI) and others today to risk expulsion by releasing several "committee confidential" documents which are being withheld from the public. The documents being withheld, as suggested by several of the Senators, either reflect poorly on Kavanaugh or show him as having misled Congress in previous Senate testimony during his years as a George W. Bush staffer. "We are in uncharted and unprecedented territory here that the process has broken down, reflecting what is happening in our nation generally," warned Sen. Richard Blumenthal (CT);

• The White House is reported to be in "total meltdown" and the President "absolutely livid" after Wednesday's publication of a bombshell New York Times op-ed said to have been written by "a senior official in the Trump administration". The explosive piece claims the President is unstable, out of control, and that a group of Administration insiders have been working to contain the worst of his impulses. One top Administration official after another on Thursday denied penning the column, as Trump has suggested it to be "TREASON", called for the Times to turn over the writer's identity to "government at once", and as a former CIA Director (and Trump critic) John Brennan warns the situation is "dangerous" and "will get worse before [it] gets better."

Then, after a short remembrance for the late Burt Reynolds, who died today at 82, we move to the one thing Americans can and must do to try and restore a semblance of normality to the nation: participate in the November 6th midterm elections! To that end, we have several items of note regarding election integrity...

• In Texas, the 2018 dirty tricks are officially under way. An infiltrator into Rep. Beto O'Rourke (D)'s surging campaign to unseat Sen. Ted Cruz (R) used the campaign's text messaging system to send fraudulent messages regarding bringing "undocumented immigrants to polling booths" and "the dangers of socialism";

• In Michigan, two white, male, Republican-appointed federal appeals court judges overturned a lower court judge who, after a full trial, blocked the state GOP-majority legislature's ban on straight-ticket voting, finding the measure "a disproportionate burden on African Americans' right to vote". Both the lower court judge who previously blocked the measure and a third appeals court judge who dissented from her fellow appeals court panelists, were African-Americans appointed by a Democratic President. The U.S. Supreme Court, in the recent past, has blocked a host of court rulings that change election law just before elections, even when they might have protected thousands of voters from disenfranchisement. Will they step in to block this late federal court ruling?;

• In Virginia, Shaun Brown, an independent candidate for the U.S. House in the Commonwealth's 2nd Congressional District, was removed from the November ballot after a judge determined fraudulent petition signatures were used to place her on the ballot in hopes of peeling off votes from Democratic candidate Elaine Luria. Staffers from the office of first-term incumbent GOP Rep. Scott Taylor are said to have submitted many of those fraudulent signatures. Five of Taylor's staffers invoked the Fifth Amendment in the case, refusing to answer whether they were acting on Taylor's instructions. (We also take the opportunity to review just a few of the similar cases of election and signature petition fraud from former top GOP officials, such as Newt Gingrich, Thaddeus McCotter and Mitt Romney).

And, finally today, Desi Doyen joins us for our 900th(!) episode of the Green News Report! In which we cover the dangers posed by Kavanaugh to the environment as illustrated during his Senate confirmation hearings, and a round-up of the latest havoc being wreaked around the globe from our climate in crisis.

If you are able and/or haven't done so recently, please consider a donation to support our work on both The BradCast and in celebration of the 900th Green News Report! We rely only on you to keep going! Really. Please stop whatever you are doing and take about 60 seconds to help us continue! It's greatly appreciated and much needed!...

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On today's BradCast: GOP dirty tricks in Montana; why an alleged torturer should be imprisoned rather than promoted to CIA chief; and, abolishing the 2nd Amendment all together. [Audio link to show follows below.]

First up: Senate Majority Leader Mitch McConnell admitted this week that stealing a Republican majority on the U.S. Supreme Court was his crowning achievement after three decades in Congress. But he's not done packing the federal courts just yet for another generation, which underscores his urgency in trying to hang on to the GOP's thin majority in the U.S. Senate this November.

That may also help to explain the bizarre situation in Montana's U.S. Senate race, where the GOP appears to have ginned up a fake Green Party candidate who was previously on the state Republican Party's payroll, in hopes of siphoning votes away from Democratic Sen. Jon Tester in an otherwise very Trumpy state. (But did the Dems do something similar in supporting a Libertarian candidate for the U.S. Senate back in 2012, the last time Tester was on the ballot?)

Meanwhile, the Senate returns from their recess next week, and will soon begin confirmation hearings for a number of recent high-level Trump cabinet and executive agency nominees. Among them is Gina Haspel, the CIA's Deputy Director who has been tapped to take Mike Pompeo's spot as CIA chief (after Pompeo was nominated to become the new Sec. of State following Trump's firing of Rex Tillerson.)

Haspel, however, was the CIA's chief of a secret U.S. prison in Thailand following the 9/11 attacks, where a number of terror suspects were tortured in 2002, in violation of long-held international treaties, to which the U.S. has been a party, at least, since the days of Ronald Reagan. She also reportedly signed off on the destruction of the video-taped evidence that documented the horrific torture by the U.S. at that prison.

We're joined today by ERNEST A. CANNING, attorney and longtime BRAD BLOG legal analyst, for whom the matter of someone alleged to have overseen torture becoming the next CIA director is very personal.

Canning's father, as he detailed in a recent article, was imprisoned and waterboarded by the Japanese during WWII, before testifying against his torturers during the war crimes trials held by the Allies after the war. We discuss what happened to his father at the hands of the Japanese command of the notorious Bridge House prison, why the U.S. has long held torture to be a violation of international law, and how the Democrats' failure to demand accountability of Bush-era torturers has resulted in Haspel's nomination, rather than imprisonment.

He explains that while the Japanese general in charge of the notorious Shanghai prison "did not personally take part in my father's torture, he was sentenced to a life sentence under a principle called 'command responsibility'. He had command responsibility over the people who were carrying out torture in an agency that he was responsible for. And if you use that same principle of 'command responsibility', which remains viable under intentional law today, Gina Haspel should be in prison. She should not be coming before the Senate to be confirmed as the CIA's next director. And, I think it's a slap in the face of everybody who has ever undergone such horrific treatment that Donald Trump would nominate her."

(Also, just to lighten things up a bit, I also get Ernie's take on Trump's asinine and evidence-free reiteration in West Virginia on Thursday, that millions of fraudulent votes accounted for his 3 million vote loss to Hillary Clinton in the 2016 popular vote count.)

Finally, a federal judge in Massachusetts on Friday upheld the state's ban on military-style assault weapons. And we share some listener mail in response to retired U.S. Supreme Court Justice John Paul Stevens' op-ed last week, wherein he suggested that it's time to repeal the 2nd Amendment to the U.S. Constitution...

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On today's BradCast: Are Democrats falling for all of these rightwing traps? Or are they willingly walking right into them...because they want to? [Audio link to show follows below.]

After a few news headlines today --- Australia's parliament finally adopts marriage equality; the white Charleston, SC cop who killed unarmed black man Walter Scott receives a 20 year sentence; another school shooting, this time in NM --- we move on to Sen. Al Franken (D-MN)'s announcement today on the floor of the U.S. Senate that he plans to resign "in the coming weeks".

The stunning announcement by the popular and dogged comedian-turned-Senator comes after fellow Democrats this week called for him to step down in the wake of several allegations of sexual misconduct said to have occurred before he became a U.S. Senator. Franken, who has been a champion for women's rights during his time in the Senate, maintains he either doesn't recall the incidents at all or remembers them quite differently than reported. He has described the most recent charge leveled against him this week by an unnamed victim, said to have been a Congressional staffer in 2006, as "preposterous". Nonetheless, while expressing confidence he would have been cleared by the Senate Ethics Committee of any wrongdoing, he says he will now step aside before that probe was even able to begin in earnest.

We share excerpts of Franken's remarks on the floor today, which include, as he notes, "some irony in the fact that I am leaving while a man who has bragged on tape about his history of sexual assault sits in the Oval Office and a man who has repeatedly preyed on young girls campaigns for the Senate [in Alabama] with the full support of his [Republican] party."

So, did Democrats fall for another right-wing trap in pushing Franken out? It wouldn't be the first time. We discuss several such traps --- including one that MSNBC seems to have fallen for this week regarding progressive radio host Sam Seder, before wisely changing course two days later --- with longtime progressive writer and blogger GAIUS PUBLIUS, who wrote earlier this week about Democrats falling, yet again, into the Republicans' "deficit trap" regarding federal spending on military and social programs. We debate why and whether Democrats fall into these rightwing traps or if they willingly choose to walk into them, for some reason.

"Why is it that Democrats seem to be one foot in the Republican camp and afraid to be too much in opposition, and one foot in the Democratic camp and not so fully pro-democratic values as we'd like them to be?," Publius observes as we discuss Franken, the 'deficit trap' and more. "I would argue that it's not fear. We're not dealing with cowards here. We're dealing with people who are, in some sense, compromised by their own values. Their own values are putting them in this position where they can't please anybody."

There's lots to chew on in today's conversation on these topics!

Finally, Desi Doyen offers our latest Green News Report as wildfires continue to rage near us here in Los Angeles, and as several breaking news items, related to all of the above, break late during today's show...

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As we note on more than one occasion on today's BradCast, buckle up! [Audio link to show is at bottom of article.]

Just days before the Presidential election, Democrats are in court in 6 different states attempting to preemptively block alleged "voter intimidation" schemes by Trump and the GOP, and today a federal judge slapped a restraining order on the Trump campaign and his operatives, to try and prevent it. (The order is now posted here [PDF].)

Meanwhile, the GOP nominee is just a narrow polling error away from defeating Hillary Clinton, according to the experts at FiveThirtyEight, who now find Trump's chance of winning the Presidency to be about 1 in 3. So every vote will count --- at least if it's counted correctly.

Longtime non-partisan election integrity expert Bev Harris of BlackBoxVoting.org joins us to explain her startling new discovery of functionality built into computer vote tabulators --- both touch-screen and paper-ballot systems in use in 99% of the nation's jurisdictions --- that, she says, would allow some votes to be weighted more than others in a way that would be nearly impossible to detect.

Harris details what she describes as "Fraction Magic" (see a real-time video demonstration here) and how that functionality, and its use by election insiders (or even outside hackers --- as the U.S. Government continues to warn about), could determine the results of elections on Tuesday, from the Presidential level on down to local races and ballot initiatives.

This ability to fractionalize votes (for example, the functionality allows certain types of voters to have their votes weighted as 1.2 votes, while other votes are counted as just .8 of a vote, so the final results will still tally up to the correct number of votes cast), was originally discovered in the GEMS tabulation system, used with Diebold/Premier voting systems and, Harris explains, systems made by almost all of the other private vendors used across the country. "It's now been confirmed in Hart Intercivic, in 2006. In Dominion. They've admitted it. And ES&S, according to the Illinois Board of Elections, has also got it in there. ES&S counts about 60 percent of the votes in the U.S. So it is actually pretty pervasive."

"We are putting our whole system at risk," warns Harris, about both "Fraction Magic" and the use of voting and tabulation systems that are difficult, if not impossible, for the public to oversee. "Sooner or later, if we keep running these mystery elections, there's going to be something that is actually destabilizing, kind of a perfect storm. This is predictable. Sooner or later, when you keep running elections that are not accountable to the public, that are not something we can verify with actual evidence --- i.e. ballots and ballot images --- there's going to be a meltdown that's destabilizing. This is actually rather dangerous."

Like you didn't think you had enough to worry about between now and Election Day?

Finally, Desi Doyen joins us for the last Green News Report before Election Day, and we round up a few other last minute voting concerns in swing-states North Carolina and Ohio...

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On today's BradCast, it looks like "Giant Meteor" could win after all! With one week to go, the race could be back up in the air, as polls tighten, Democrats sue Republicans in federal court, and we take a look at some key statewide ballot measures in California and elsewhere. [Audio link for show is posted below.]

The reverberations from FBI Director James Comey's unprecedented and (so far) evidence-free announcement last week concerning a potential new aspect of the agency's investigation of Hillary Clinton's emails continues to rock the 2016 Presidential Election, just one week before Election Day. Polling is moving back in Donald Trump's direction and we discuss other concerns that are not reflecting by polling numbers. Oh, and it turns out there is "voter fraud" at the polls, at least in Iowa, and you'll never guess who the alleged perp was caught voting twice for! (Sound familiar? Seems to happen a lot this time of year.)

Then, attorney and Vietnam veteran Ernest A. Canning, long time BRAD BLOG legal analyst now back from his Primary advisory role with Veterans for Bernie, joins us to discuss a number of California ballot initiatives he's been writing about here, as well as the several lawsuits filed by Democrats over the weekend charging "voter intimidation" by the Trump campaign and state GOP operations in Nevada, Ohio, Pennsylvania and North Carolina, in violation of both the Voting Rights Act of 1965 and the Ku Klux Klan Act of 1871.

All of that follows on a decades-long consent decree barring the Republican National Committee from certain racially targeted "poll watching" and "ballot security" activities. That is a restriction they agreed to after getting caught using race-based intimidation tactics at polling places in the early 1980s, when one of the named defendants, Roger Stone --- a long time advisor to Trump and GOP dirty trickster going back to the Nixon era --- actually worked on the "ballot security" operation that got the RNC in trouble in the first place back in NJ in 1981.

Then, Canning details a number of state initiatives on the California state ballot next week --- and some well-funded lies about them --- which could have a major effect on prescription drug prices, legalized marijuana (and ending the disastrous "War on Drugs"), the death penalty (two different, competing measures), Citizens United and much more...even porn is on the CA ballot this year!

Speaking about one of the initiatives, Prop 61, which he wrote about over the weekend, and which the pharmaceutical industry is spending tens of millions to defeat by falsely claiming that it will harm veterans, Canning explains: "This proposition, more than any other, shows you the problem with money in our political system. They put these [false] ads on --- and naturally, the TV station should say, 'We should fact-check that. That's not true.' But they're not going to do that because that would be like biting the hand that feeds them. These ads have become a major source of revenue for our commercial media" which, he ads, are "the ultimate beneficiaries of Citizens United, which is perhaps one of the reasons why they don't ask questions in the debates about repealing Citizens United!"

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On today's BradCast, as a major, mysterious automated Distributed Denial of Service (DDoS) attack took huge Internet sites like Twitter, Netflix and Amazon offline for hours today, Democrats and Republicans, including the President, continue to mislead the public about the vulnerability of our voting, tabulation and voter registration systems. [Audio link to show posted below.]

Just weeks ago, as you'll recall, the U.S. Departments of Justice and Homeland Security were warning of the vulnerability of U.S. election systems to intrusion, manipulation and attack from outsiders (and all but ignoring the more direct threat from election insiders). Now, as Donald Trump has ramped up his claims that the election is being "rigged", Democratic and Republican officials alike are claiming the opposite is true, that "there's no way to rig an election in a country this big". They are either misinformed or lying. Take your pick. Either way, they are misinforming the American people. I explain in detail on today's show.

Speaking of disrupting the election...

• "Unnamed intelligence officials" float yet another warning of how bad actors could cause havoc during the elections in November. (And recent evidence suggests that route would be quite easy.)
• A federal court ordered Ohio this week to allow millions of unlawfully purged voters to be allowed to cast a provisional ballot this November, after the state's Republican Sec. of State Jon Husted (who also claimed this week that the election can't be rigged) fought an earlier court order to restore those voters to the rolls;
• Republicans in Tarrant County, Texas may have violated a federal court order by targeting Democratic polling places with an "EMERGENCY VOTER FRAUD ALERT";
• The state of Utah (Utah!) has been moved into the toss-up category in the Presidential contest;
• Early voting numbers look promising for Democrats;
• Evidence that Donald Trump loved both Bill and Hillary Clinton very recently...at least until he ran for President, started losing "big league" and decided she was a "nasty woman";
• And, finally, the GOP Presidential nominee offered a little noticed admission during the final debate that Democrats have been right all along the necessity of regulations on businesses.

All of that and much more on today's BradCast, as our Shocktober Spooktacular continues...

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On today's BradCast, we catch up with a number of breaking items, as well as items from the last several days (while we were otherwise covering the GOP and Democratic debates), even as voters in New Hampshire finally head to the polls for the First-in-the-Nation primary today.

Among the stories we hit today, as we await the completely unverified results from NH tonight...

• Democratic party officials "unilaterally" changed Iowa Caucus results;
• Why nobody should simply 'trust' unverified computer-tallied results that will be reported in NH (or anywhere else);
• How NH's new Photo ID voting restriction law could affect turnout;
• Rubio-bot does it again;
• Another mysterious Republican dirty trick in NH;
• Jeb now wants to "eliminate" the Citizens United ruling;
• Voting Rights restored to 40,000 in MD;
• MD forced to ditch new touch-screen systems for paper ballots;

Plus much more --- including our latest Green News Report with Desi Doyen!...

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On today's BradCast, we try to make sense of the amazing GOP debate in New Hampshire on Saturday, the final one before tomorrow's First-in-the-Nation primary in the Granite State.

First, I offer a very few quick reminders and action items for those interested in fighting for Election Integrity during tomorrow's primary in NH. This, in a state which uses hand-marked paper ballots, but refuses to actually verify that results are accurately tallied by the state's oft-failed, easily-manipulated Diebold optical-scan computers before announcing results to the public. (For a reminder of the nightmare that occurred on that system back in 2008, you can peruse our Special Coverage here.)

Then, I'm joined for today's post-debate coverage and analysis by two progressive bloggers who have been consistently right for years --- Heather Digby Parton of Salon and Digby's Hullabaloo and Martin Longman of Washington Monthly and Booman Tribune --- to discuss where Rubio, Cruz, Trump and the others, including the corporate media, went wrong on Saturday night...and, unfortunately, for so many years prior.

From Rubio's remarkable on-stage meltdown to Cruz' ability to lie with amazing impunity (even when he is actually called out as a "flat-out liar" by CNN!) to the danger that Trump's ability to "win" may hold for both Republicans and Democrats alike.

And, as if that doesn't give us all enough to cover today, we take the time to call out the corporate U.S. media (and the Obama Administration) for allowing this mind-bogglingly precarious moment in U.S. history to even have come about in the first place...

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On today's BradCast, the latest news in the Presidential contest, including two GOP candidates dropping out today, newly scheduled Democratic debates, new polling since Iowa, and new charges from Donald Trump that Ted Cruz "stole" the GOP's Iowa caucuses!

I also speak with Mayor Cindy Lerner of Pinecrest, FL today, about the open letter [PDF] she recently sent, with 14 other Mayors from across the Sunshine State, to Marco Rubio, seeking a meeting with the Florida U.S. Senator, now a leading candidate for the 2016 GOP Presidential nomination, decrying his flip-flops on climate action.

Rubio, as Lerner explains, was once in favor of action to stave off the worst effects of global warming --- such as the sea level rise already encroaching on south Florida towns like Lerner's --- before he decided to run for President and become a climate change denier.

"Marco Rubio and all the Republican candidates who are in denial, it's really part of a campaign strategy, an ideology, that ignores the reality of the consequences we're facing," she tells me.

Lerner notes that where Republicans in Florida had once actual lead on Climate Change, since Republican Gov. Rick Scott took office in 2011, state GOPers have almost completely reversed course. That, even as the "very porous geology that the peninsula of Florida was built on" is already taking on more salt water than can be handled as sea levels rise and "100-year storms" are now "coming several times a year."

"Our infrastructure was never built to contemplate addressing the capacity needs that we now find ourselves in," she explains. "We are literally drowning here in South Florida and have no leadership, clearly, at the state level, and have to rely on our next President understanding the risk that we, and the other coastal communities all over this country, are facing."

She describes Rubio's new position of denial as "beyond disappointing," adding: "It's really disgusting to listen to somebody that we well know he knows better. He's just reading from a script that he thinks is going to help him get into higher office."

"We are ground zero," she says about her Village of Pinecrest and the other towns and cities whose Mayors signed on to the letter seeking a meeting with Rubio. "We are the canary in the coal mine, so to speak, of what's going to be happening throughout the United States, and he needs to stand up and lead on these initiatives."

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It's been happening for years now. On the day after elections like last Tuesday's, media figures begin navel gazing to figure out how pre-election polls, created by dozens of independent pollsters using dozens of different methodologies, could all find the same thing but turn out to be so wrong once the election results are in.

The presumption is that the results are always right, and if they don't match the pre-election polling, its the polling that must be wrong, as opposed to the election results.

On Wednesday morning, after Tuesday's mid-term election surprise in which Republicans reportedly won handily in race after race despite pre-election polls almost unanimously predicting much closer races or outright Democratic victories, FiveThirtyEight statistics guru Nate Silver declared "The Polls Were Skewed Toward Democrats".

His analysis of aggregated averages from dozens of different pollsters and polls this year found that the performance of Democrats was overestimated by approximately 4 percentage points in Senate races and 3.4 points in gubernatorial contests. Silver's assessment relies on a "simple average of all polls released in the final three weeks of the campaign," as compared to the (unofficial and almost entirely unverified) election results reported on Tuesday night. He doesn't suggest there was anything nefarious in the polling bias towards Dems this year, simply that the pollsters got it wrong for a number of speculative reasons.

Citing the fact that nearly all of the polls suggested Democrats would do much better than they ultimately did, when compared to the reported election results, Silver asserts it wasn't that the polls were more wrong that usual, per se, but that almost all of them were wrong in a way that appears to have overestimated Democratic performance on Election Day.

"This year's polls were not especially inaccurate," he explains. "Between gubernatorial and Senate races, the average poll missed the final result by an average of about 5 percentage points --- well in line with the recent average. The problem is that almost all of the misses were in the same direction."

Silver is much smarter than I when it comes to numbers; I'm happy to presume he has the basic math right. But he seems to have a blind spot in his presumption that the pre-election polls were wrong and the election results were right. That, despite the lack of verification of virtually any of the results from Tuesday night, despite myriad and widespread if almost completely ignored problems and failures at polls across the country that day, and despite systematic voter suppression and dirty tricks that almost certainly resulted in election results (verified or otherwise) that were skewed toward Republicans...

While most of the media is reporting the huge Republican takeover of the U.S. Senate tonight, and the big GOP wins in a whole bunch of Governor's races, Reuters notices that there were a lot of problems for voters across the country today...

They go on to summarize election problems and failures in a bunch of states, most of which we covered in one form or another earlier today (including many more). But we missed this really bizarre case of still-unexplained very dirty tricks out of Chicago earlier today...

Just so you don't miss this part, since it's at the very bottom of the letter, let's run it up top and add a red arrow to it:

That's from the letter included inside of this very scary envelope being sent to Kentucky voters (at least some of them) by Sen. Mitch McConnell (R), in his sleazy re-election campaign against challenger Allison Lundergan Grimes (D):

Click the graphic above to enlarge and see the whole thing. The letter sent inside the scary envelope, as published by Sahil Kapur at TPM today, follows below (and is also enlargable by clicking)...