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Latest Featured Reports | Friday, July 30, 2021
Long Struggle for TX Voting Rights Laid Bare in U.S. House Hearing: 'BradCast' 7/29/21
Also: AZ GOP state Senate liaison UNresigns as 'botched' 2020 'audit' falls apart; Biden unveils new vax incentives as Delta surges...
'Green News Report' 7/29/21
  w/ Brad & Desi
Infrastructure bill inches forward in Senate; FL slammed by massive, toxic red tide; Extreme heat curbing nuclear plant reliability; PLUS: OR enacts historic clean energy legislation...
Previous GNRs: 7/27/21 - 7/22/21 - Archives...
GOP's AZ Election 'Audit' Coming Apart at the Seams: 'BradCast' 7/28/21
Guest: John 'Bamboo' Brakey of AUDIT-USA; Also: Bipartisan Senators reach agreement on $1T infrastructure deal; Biden to require vax or tests for federal work force...
'A Cancer on Our Constitutional Republic': 'BradCast' 7/27/21
Harrowing, emotional testimony at first hearing of House Select Committee on 1/6 insurrection; Also: More unvaccinated regrets, new CDC mask guidance as Delta variant rises...
'Green News Report' 7/27/21
  w/ Brad & Desi
London drowning; Volatile Middle East burning; Lake Powell reservoir at lowest level ever; PLUS: New study warns extreme heat waves will be much more frequent, and more costly...
Previous GNRs: 7/22/21 - 7/20/21 - Archives...
L.A.s New 'Vote Centers' Make Recounts All But Impossible: 'BradCast' 7/26/21
Guest: Ian Patton of Long Beach Reform Coalition; Also: COVID vaccine deniers learn they were wrong...the hard way...
Sunday 'Gold Medal' Toons
PDiddie's latest, award-wanting collection of the week's best toons!...
Break Them Up!
AntiTrust To the Rescue: 'BradCast' 7/23/21
Guest Host Nicole Sandler with author/journalist Cory Doctorow...
Another Cuban Crisis:
'BradCast' 7/22/21
Guest host Nicole Sandler with journalist and author Anthony DePalma...
'Green News Report' 7/22/21
  w/ Brad & Desi
Catastrophic flooding in central Chinese; Health alerts from Western wildfires triggered as far as the East Coast; PLUS: Utility giant PG&E finally pledges to bury its power lines...
Previous GNRs: 7/20/21 - 7/15/21 - Archives...
'Our Darkest Hour, Our Selma Moment...We Must Act': 'BradCast' 7/21/21
Guest: Voting rights champ Helen Butler, after her GOP removal as a GA election official; Also: Tragic ends for COVID deniers; More clues AZ 'auditers' are clueless...
Fact-Checking Right (Phony AZ 'Audit') and Left (Garland's DoJ): 'BradCast' 7/20/21
Also: Trump Inaugural Chair, Tom Barrack, arrested, charged with acting as foreign agent, lying to FBI...
'Green News Report' 7/20/21
Europe flooding shows nowhere safe from our climate emergency; Parts of Amazon now emit more carbon than they absorb; PLUS: High-tide flooding is about to get much, much worse...
Callers Explain Their Refusal to Get Vaccinated as Deadly Delta Variant Surges: 'BradCast' 7/19/21
Also: New analysis finds fewer than 200 POTENTIAL cases of voter fraud in AZ...
Sunday 'Critical Erase Theory' Toons
PDiddie's latest collection of the best, unavoidable, toons of the week...
Critical Failure in Coverage of RW 'Critical Race Theory' Hoax: 'BradCast' 7/16/21
Guest: Media analyst Eric Boehlert; Also: Masks back on in L.A.; Deadly climate change-fueled deluge in Germany...
The REAL Cost of the Maricopa, AZ 'Audit': 'BradCast' 7/15/21
Also: GOPers laughing at, thanking Manchin, Sinema; Good news on Dem infrastructure bill; Trump's COVID Death Cult rising...
'Green News Report' 7/15/21
Senate Dems unveil $3.5 trillion infrastructure and climate deal; EU unveils landmark 'Green Deal'; PLUS: More evidence that climate action would save lives and money...
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...


[UPDATED] Sometimes we get what we deserve...
By Brad Friedman on 7/18/2021 1:12pm PT  

UPDATE 7/24/2021: No sooner did I post this item at the beginning of what I'd hoped would be a somewhat celebratory bday week, then my hard drive crashed on my main computer. Incredibly, we were somehow able to get three BradCasts up and on air Monday through Wednesday anyway, even as my hard drive tried to fix itself.

Miraculously, as I thought it was a goner and was ready to toss in the towel by Thursday, it finally showed some signs of life that morning after a couple of desperate tricks or two. I was able to reboot enough to get some of the most important things off of it, and have otherwise been rebuilding from scratch on a new drive since then, in hopes of returning to the real world in time for Monday's show. (HUGE thanks to Nicole for, once again, saving my butt and sitting in for us on Thursday and Friday!)

All of this is a long way of apologizing for my absence over the past week, especially to those who'd sent emails expecting a reply and particularly to those who were kind enough to respond to my birthday plea for donations! You might have expected a "thank you!" email by now, and would have received one, but for the fact that I couldn't answer email all week pretty much until sometime around 2am on Friday night/Saturday morning!

With the various unexpected expenses of this week's nightmares, I am particularly grateful to those who stepped up with donations big or small! THANK YOU! (And expect a brief email saying as much again as I work my through a mountain of incoming mail, now that I can finally receive it!)

I hope to be back at full speed by Monday. But, so much for a restful easy Birthday week!

Whining complete. Original (more hopeful...those were the days) message follows below. --- Brad

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




By Brad Friedman on 6/28/2021 11:28am PT  

We're standing down for a short, if much needed, respite --- at least from The BradCast and Green News Report --- until after the 4th of July holiday. Encore presentations will roll on our radio affiliate stations until our return. It may otherwise be quiet around The BRAD BLOG until then, save for Sunday Toons and, well, who knows if anything moves me enough to stop not paying attention for a few days to blog about it. I hope not. (Scroll down to find out what, if anything, is new.)

This is my first chance to see my Mom since before the lockdown began a year and a half or so ago. So, please excuse my absense for a bit of overdue family time.

If you've taken any joy or comfort or have learned anything of use from anything you've found on these pages over the past year or two or five or 17 --- or just want to help us keep the Prius tank filled for the duration --- your generous contributions are always welcome and, yes, still much needed! Our friendly DONATE PAGE IS HERE TO HELP.

I'll be back too soon. Until then, please have a happy, safe, and healthy holiday! --- Brad




Guest: Coalition for Good Governance's Marilyn Marks on that and separate challenge to state's 100% unverifiable touchscreen voting...
By Brad Friedman on 6/21/2021 7:14pm PT  

On today's BradCast: With virtually every new voter suppression law adopted by Republicans at the state level since last November's election (there have been about 24 such laws adopted so far, in some 14 states), Democrats and voting rights advocates have been quickly filing lawsuits in opposition. One of those suits --- filed in federal court [PDF] against Georgia's SB202, the one in which I am named as a Plaintiff --- is to have its first major hearing next week. That, as Democrats in the U.S. Senate frantically scramble to get the last Democratic holdout (Joe Manchin) to come on board for federal legislation to counter at least some of the most restrictive elements of the tidal wave of new GOP anti-voting laws at the state level. [Audio link to full show is posted below.]

While the Jim Crow-style voter suppression of the new restrictions being adopted in Republican-controlled states of late have received a fair amount of attention, the provisions in those measures that would allow GOP state legislatures to take over elections --- and even overturn legitimate results --- have received less attention. Over the weekend, the New York Times highlighted, for example, how in "Georgia, members of at least 10 county election boards...At least five are people of color and most are Democrats" have been removed from their posts in recent weeks, "and they will most likely all be replaced by Republicans."

Georgia is not the only state where this is happening. Similar provisions, targeting election officials and even election results, have also been adopted or introduced in states like Kansas, Arkansas and the critical swing state of Florida. But in Georgia, they go even further to target and/or threaten the media itself for simply reporting on elections!

That's where I come in. I am the named plaintiff representing journalists in the Coalition for Good Governance (CGG) lawsuit challenging Georgia's SB202 in federal court. An emergency Motion for Preliminary Injunction [PDF] has now been filed in regard to the media-related aspects of CGG's complaint, in light of the state's impending local election runoffs scheduled for July 13th.

I'm joined once again today by longtime Election Integrity champion MARILYN MARKS, Executive Director of CGG, to discuss why the Press Freedom aspects of her group's broad challenge to the GA law --- far broader than some of the other challenges focused more on the voter suppression aspects only, as filed by the NAACP, the Democratic Party, and Stacey Abrams' Fair Fight, etc. --- have been bumped to a top priority with her filing of an expedited Motion for Preliminary Injunction.

Among the little-reported-on Press Freedoms at stake in SB202, the new law includes a Gag Rule which criminalizes the public, party-appointed monitors and the press’ reporting of absentee mail ballot processing or tabulation problems; A ban on the press Estimating (yes, estimating!) the number of absentee ballots that have been processed during an election tabulation or how many are still to be processed; SB202 even criminalizes photographing voted ballots or the 100% unverifiable touchscreen Ballot Marking Device (BMD) voting systems that voters are now forced to use at all Georgia polling places, despite the state's century-long history of routine press photography and videography of election activities inside of polling places on Election Day. (Yes, the photo used above for today's show logo, or even seeing those voters voting, can now result in felony charges in GA!)

All of these, as Marks and I discuss, are extraordinary restrictions on basic Press Freedoms, and our ability --- my ability in this case, as the named plaintiff, representing media --- to report what is going on during Georgia elections to the public. The law actually turns simply seeing one of the state's huge new touchscreen voting systems, while it's being used on Election Day, into a felony. That would apply not only to media inside a polling place, but also to poll workers, poll watchers and even voters simply waiting in line to vote.

"We are asking the court to address some of these issues before that runoff election [on July 13] happens. We are going to ask the judge to rule in favor of the press," says Marks, hoping that some other media outlets may even submit their own Amicus Briefs to the court in support of CGG's lawsuit. "Other members of the press are quite concerned about the fact that traditional photography, that they have been taking for decades, is not going to be permitted in the mail ballot processing locations," she tells me.

"It is mind-blowing," she continues. "I wouldn't be able to tell you [if I saw something wrong while serving as an observer]. All of a sudden, your reporting is going to be silenced. You would not even know that I had anything to tell you. You would just assume that, unlike in times past, that everything is going fine in Georgia."

Marks also breaks a bit of news by explaining that the Republican National Committee has now moved to intercede in this case to help defend GA Sec. of State Brad Raffensperger's position on the bill. Marks says Raffensperger "essentially insisted on these provisions. Although some of the media consider him to be some kind of a saint [because he declined to overturn the November 2020 election amid entreaties from Donald Trump to do so], this is his bill. His attorneys drafted it. He's the one that wants to crack down on any criticism coming from people like you and me, CNN, New York Times, or any other place."

"The RNC has asked to intervene in our case to protect the Secretary of State. However, interestingly, they have said they are not going to oppose us on the Observation Felony, the Gag Rule, the Estimating Ban, the Photography Ban --- so even the Republicans are not going to try to defend four of these five things that we're going after" in the Motion. A hearing is now set on that Motion for Thursday, July 1.

In addition to CGG's lawsuit challenging SB202, the group has another, separate, longstanding challenge to the state's use of 100% unverifiable touchscreen voting systems. That suit was successful in convincing the federal judge hearing it to ban GA's 20-year old Diebold touchscreen systems before last year's elections. Unfortunately, Raffensperger immediately replaced them with new touchscreen Ballot Marking Devices made by Dominion Voting Systems, which Marks describes as as bad or worse than the previous systems. That case has just now entered its discovery phase and Marks is confident that the same federal judge is quite concerned that the new systems are as insecure, unverifiable --- and, thus, as unconstitutional --- as the old ones she previously banned. A ruling in that case could affect the use of such machines in dozens of states and counties around the country, including states like Pennsylvania, North Carolina, South Carolina, Ohio, Texas and even here in Los Angeles County, where voters are now forced to vote on unverifiable touchscreen systems at polling places.

Lastly, Marks describes the exciting forum scheduled for tomorrow (Tuesday, June 22), co-sponsored by CGG and another one of our favorite non-partisan good-government watchdog groups, Free Speech for People (FSFP), on the dangers of Ballot Marking Device (BMDs) as used in Georgia and many of those other jurisdictions mentioned above. The forum, called "Today's Electronic Voting Machines: An Examination of the Use and Security of Ballot Marking Devices" is scheduled live and online from Noon to 5pm ET on Tuesday. It features a huge number of guests that have been featured over the years on 'The BradCast', including FSFP's Susan Greenhaulgh; Georgia Tech cybersecurity expert Rich DeMillo; notorious University of Michigan white-hat hacker, J. Alex Halderman; Research expert Kevin Skoglund; UC Berkley's Philip Stark, inventor of the post-election Risk Limiting Audit protocol; the legendary Finish cyberseucrity and voting systems expert Harri Hursti, and many others.

Much more info and the schedule is available here. You can RSVP to participate in the event right here.

Finally, Democrats are teeing up a test vote on Tuesday in the U.S. Senate for their sweeping election and campaign finance reform bill, the For the People Act, now that West Virginia Democrat Joe Manchin has suggested he may be willing to support a compromise version with the 49 other Senate Democrats who have all already signed on to the original bill as co-sponsors. White House Press Secretary Jen Psaki was asked today about President Biden's expectations for that bill and its test vote today, and on the need to reform the filibuster even if Manchin deigns to come aboard. If he does, he would also have to be willing to make changes to the filibuster rule that mandates 60 Senators support such measures, in order to see passage, since no Republicans are expected to support it. But he is not the only Democrat who has opposed long-overdue changes to the filibuster. Arizona's Kyrsten Sinema has also vowed to protect the anti-democratic, Jim Crow-era Senate rule. And now she is being targeted with a huge ad buy for that position, to ratchet up the pressure, by a group of progressives who are running spots in her home state on cable news, as well as during local news and sports programming.

Yes, the fight to save American democracy continues on today's BradCast...because it seems kind of important...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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By Brad Friedman on 5/25/2021 12:35pm PT  

Our building owner has notified us that major construction just outside of our recording studio --- including days of jack hammering(!) --- will be under way anywhere from the next 7 to 14 days! Unfortunately, we'll be unable to record The BradCast or Green News Report during the construction. However, Nicole Sandler will be rescuing us by sitting in for the rest of the week on The BradCast. If construction is done (or can be worked around) after the Memorial Day holiday, we'll return next week. Otherwise, I'll update you here if/when I can learn more. Apologies for our sudden, unexpected and unavoidable absence! Please scroll down for the latest! And, of course, our huge thanks to Nicole for covering for us at the last minute, yet again, until further notice! --- Brad & Desi




Guest: Marilyn Marks of Coalition for Good Governance; Also: SCOTUS takes up abortion; Gaetz in trouble; Israel bombs AP's building in Gaza...
By Brad Friedman on 5/17/2021 6:54pm PT  

As AP reports today, a new lawsuit "against [Georgia's] secretary of state and the members of the State Election Board was filed in federal court in Atlanta by county election board members, individual voters, election volunteers, nonprofit organizations and a journalist." As broken on today's BradCast, that journalist is me. [Audio link to full show is posted below this summary.]

I am one of the several named plaintiffs in the 200-page suit [PDF] filed in U.S. District Court on Monday seeking to block a number of outrageous and dangerous provisions in the state GOP's new voter-suppression bill. While the measure, SB202 [PDF], adopted by GA Republicans, does a lot of terrible stuff, some of which is well known by now (making it harder to vote by mail, banning absentee drop boxes, blocking the distribution of food or water on long voting lines), much of which will disproportionately suppress minority voters, there are a number of other provisions which are simply jaw-dropping, but have not yet been challenged in the several suits previously filed against the law by a number of civil rights and voting rights groups.

My part in the suit, filed today by the non-partisan, non-profit, indispensable Coalition for Good Governance, revolves around press freedoms which are outrageously and unconstitutionally trampled by SB202. In fact, as discussed on the show today with the Coalition's Executive Director, MARILYN MARKS, no small amount of the detailed reporting we have done here over the years focused on Georgia has now been criminalized by the new statute!

As detailed in the complaint (see the section on "Plaintiff FRIEDMAN" beginning on p. 101), it is now unlawful to report on "mail balloting discrepancies or security concerns that he or The BRAD BLOG or BradCast journalists may personally observe as members of the press"; "Plaintiff FRIEDMAN will be injured because the party appointed observers he has relied on to supply first-hand accounts...are are prohibited under penalty of misdemeanor from reporting their observations" on Georgia elections to me; As Marks explains, photographs that I or others may have taken in a polling place and used on the blog would be illegal; Observers from the media watching the tallying of absentee ballots will be committing a crime just by reporting on how many ballots they are "estimating" or "attempting to estimate" have been counted or are left to be tallied, according to the language of the hastily written SB2020 ("It's a thought crime!," Marks charges. "Literally, it says you cannot 'estimate' or 'attempt to estimate' anything about votes in the ballot processing room for mail ballots!"); Video interviews or photographs taken inside of counting rooms or in polling places in front Georgia's giant, new, unverifiable touchscreen voting systems could be evidence of a felony(!) under the new law, which poll workers, poll watchers, media observers and even voters could now be charged with under state law!

"On BRAD BLOG," Marks observes, "you frequently post a picture, many a picture of election activity, including people in the mail ballot rooms looking at hand-marked voted ballots. To take a picture of a ballot now is a misdemeanor." Yes, those posted photos would now be evidence of a crime. "You would not be permitted to take a picture of anonymous ballots. We see thousands of pictures, every election, of voted ballots being counted. But for some reason --- I guess we know what reason --- they are criminalizing it."

Yes, the photo used above, as taken from the complaint's numerous examples, of voters voting at Atlanta's State Farm Arena last year in Fulton County, could be used as evidence of a felony by the Reuters photo-journalist, Chris Aluka Berry, who took it.

As the suit notes, "Plaintiff FRIEDMAN is already injured by SB202 because the criminalization of constitutionally protected activity has a chilling effect on his exercise of First Amendment rights" and because "Plaintiff FRIEDMAN is threatened with injuries arising from SB202’s prior restraints on his First Amendment right of free speech and right of freedom of the press."

We have "reported on Georgia election integrity and election security hundreds of times over the last almost twenty years," the lawsuit accurately explains. Much of that coverage could now constitute a state crime under this horrible, unconstitutional law. "I have a feeling they will find any little tripwire they can about the two of us," Marks tells me. "If you were complimentary toward Georgia, I don't think you'd have any problems."

This BradCast, for example, from June of last year, featuring a Democratic Party post-election adjudication observer (and now co-plaintiff in this suit) Jeanne DuFort --- breaking the news of her discovery that GA's new Dominion tabulation computers were failing to count votes on tens of thousands of ballots --- would have been a crime in several ways, according to the state's new law.

There are other provisions in SB202 of concern as well --- beyond those being challenged in several of the voting rights lawsuits --- as Marks explains in the Coalition's press release today, from the law's "Takeover Provision" that permits bi-partisan County Elections Boards to be removed entirely and replaced by a single partisan, for virtually any reason (even minor infractions by a low-level worker up to four years ago!) to a few items we didn't have time cover on today's show, like the impossible new deadlines for requesting absentee ballots (in cases before a run-off election, the deadline to request such a ballot for it will now end before the original election is even certified to include a run-off!) and more.

As AP highlights in its report today, the suit argues: "Liberty requires at least three essential things — an unfettered right to vote, freedom of speech, and the meaningful separation of powers. This lawsuit is necessary to preserve individual constitutional rights, and constitutional government, against the attacks that SB202 makes on these three pillars of liberty."

Marks elucidates today on "Those three pillars of liberty: the right to vote, the right to free speech, and the right to separation of powers. What's happening here is the first one that they are violating is that separation of powers. That is a key one. Once they grab all of the powers, they close the doors. Yeah, they still have to deal with the pesky press and pesky watchers, but not anymore --- not if they criminalize your reports."

So, yeah. Even as its strange to become a part of a story I've been covering for so long, I am very proud to be a plaintiff in this lawsuit against SB202, which Georgia's Republican Governor and Sec. of State falsely claim "makes it easier to vote and harder to cheat". In truth, Marks told me off air after the show, the opposite is true. "It makes it harder to vote and easier to cheat," she said.

Also today, the GOP's packed and stolen U.S. Supreme Court announced it's taking up Mississippi's restriction on abortion rights that was blocked by a lower court. This is not good news for freedom lovers and those who oppose Big Government coming between a woman and her doctor; A former elected Florida official who is a buddy of Rep. Matt Gaetz has agreed to a federal plea deal that requires he tells federal prosecutors all that he knows about Gaetz' alleged sex trafficking of a minor; And in Gaza City over the weekend, Israel outrageously targeted and destroyed a 12-story high-rise building housing AP's office for the past 15 years. It's top floor cameras have been the eyes for the world, witnessing, as the news agency reported this weekend, "24-hour live shots as militants’ rockets arched toward Israel and Israeli airstrikes hammered the city and its surrounding area this week."

Those cameras will no longer be there to bear witness to the world. As AP's President noted in a statement describing the attack as "shocking and horrifying" on Saturday, "The world will know less about what is happening in Gaza because of what happened today."

And, in Georgia, if SB202 is allowed to stay in place, the world will know less about what is happening in the Peach State's elections because of it. As in Gaza, I suspect that is the point...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Former FEC Chair Ann Ravel on FEC Repubs killing 'slam dunk' hush-money conspiracy 'directed' by Trump; Also: Computerized voting and tabulation has allowed my election nightmares to come true...
By Brad Friedman on 5/10/2021 6:46pm PT  

We've got two lede stories really on today's BradCast. You can decide for yourself which one is the more maddening. [Audio link to full show is posted below this summary.]

Late last week, the bi-partisan Federal Elections Commission (FEC) announced they were ignoring the advice of their own General Counsel by voting down further investigation of the Stormy Daniels hush-money case payoffs by a former disgraced President. Two Republican appointees voted to kill, two Dem appointees voted to continue the probe (with one Repub recusing and one independent absent for the vote). The way the broken, six-person FEC is structured, no investigations of campaign finance reform violations --- no matter how obvious and blatant, as in this case --- can move forward unless there are four votes to do so.

Here, it's a slam dunk. Donald Trump's former personal lawyer and fixer, Michael Cohen, was already found guilty and sent to prison for the criminal campaign finance conspiracy in which he paid off the adult film star to keep quiet about her affair with Trump. The affair took place ten years before the 2016 election. The payments were given to her just days before the election. It was clearly an election related expense, yet the Trump Campaign failed to report it, and Trump himself paid Cohen back for the payouts during his time as President.

Both Cohen and the DoJ stated in Court, before Cohen went to prison, that the payments were part of a criminal conspiracy "directed by" and "for the benefit of" Trump himself.

The explanation of the Republican commissioners on the FEC for killing the probe is ridiculously laughable, as we discuss with our guest today, former FEC Chair ANN RAVEL. She was appointed to the Commission under President Obama in 2013 and served until 2017. She, too, agrees this was a "slam dunk" case against Trump, which serves to highlight how the GOP have permanently "captured" the Commission in order to make certain that Republicans are never held to account for violations of federal campaign finance laws.

"Wanting to do nothing is exactly how the Republican Commissioners have always been able to assure that the Commission doesn't do what it is supposed to do to make elections and the electoral process fair, and to make sure that there is total disclosure of campaign finance activities," Ravel explains. "You're right to say that it's a 'slam dunk' case. In particular, because the [FEC's] General Counsel said [Trump's behavior] was 'knowing and willful', which it clearly was. 'Knowing and willful' is the criminal standard. So that may be an alert to the Justice Department that they need to now go forward and prosecute the case."

The DoJ prosecuted Cohen for participating in the conspiracy. Now the nation's top law enforcement agency needs to prosecute the man that the DoJ has already said "directed" it!

Ravel also offers her insight on how the FEC became so captured and broken in the first place (Hint: Trump's former White House Counsel and longtime GOP operative Don McGahn struck a corrupt bargain with Mitch McConnell years ago) and on the Democratic plan in the For the People Act (otherwise known as H.R.1 and S1) to reform the FEC. The plan would restructure it from a 6-person panel designed to deadlock and never move anything forward, to a 5-person panel of appointees selected by non-partisan judges and attorneys, with the fifth appointed by the President. No more than two people from any one political party could serve on the Commission at once, and appointees would have to have spent a number of years not working on political campaigns or as staffers for elected officials, among other sensible restrictions.

"The positive about what they have proposed in HR1 is that there would be a blue-ribbon commission, comprised of people who actually believe in the law and enforcement of the law, who would be nominating and reviewing particular individuals to be on the commission who would abide by the law. That is key to making the change --- to have people who are not beholden to a particular political party, who independently would look at the law and make decisions based on what the legal requirements are."

Naturally, Republicans oppose the reform (along with HR1 in its entirety) and are lying about it to say that it would turn the Commission from a bi-partisan commission into one that gives Democrats partisan control.

Ravel also explains how the Stormy Daniels case --- which can still be prosecuted on a criminal level by the DoJ --- is not necessary over at the FEC either, since the vote to kill the inquiry can now be appealed in a court of law by an outside group.

Then, I've got a bit of a today on the absurd clown show of an audit of the 2020 Presidential election still under way in Maricopa County (Phoenix), Arizona (which we've been covering in detail for the past several weeks); the legitimate audit, being led by several top shelf election and voting systems experts set to begin this week in Windham, New Hampshire (as we detailed in some length last Friday); and the remarkable 8,500 word deep-dive investigative report published over the weekend by Washington Post, detailing how the phony myth of Donald Trump's "stolen" 2020 election came together beginning way back in 2018.

In short (which is not easy with an 8,500 word story!), a wealthy Texas businessman and some Republican operatives calling themselves Associated Specials Operations Group (or ASOG) took the research on vulnerabilities in computer voting and tabulation systems compiled by folks like Bev Harris of Black Voting, Cybersecurity journalist Kim Zetter, myself and others, to morph those very real vulnerabilities into phony claims of actual election fraud. Simply because a system is vulnerable, does not mean the vulnerabilities have been exploited. But such distinctions did not matter to this group which is clearly operating in bad faith, or to Trump who was happy to highlight any lie to cover for his shame of having been a failed, one-term President.

As I have been trying to explain for nearly 20 years on this beat, whether an election is stolen or not, the fact that we now use privatized, non-overseeable computers to cast and tabulate votes is itself a grave threat to democracy. Ultimately, as I've warned over and over again over the years (and as we are now seeing play out), it doesn't matter if an election is 100% accurate and secure if the public can't know that it is. Secret software and concealed vote counting inside computers run by private companies --- even when done perfectly and securely --- allows those operating in bad faith (as is the case with Republicans right now), to claim an election was stolen, even when there is no proof to support such an extraordinary charge. It's nearly impossible to refute such claims, bogus or otherwise.

I have warned about exactly this scenario as a dangerous threat to democracy itself for years, and now, as I explain on today's show, my worst nightmare is now playing out before all of our eyes...

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Guest: CUNY's Deepak Bhargava; Also: Biden raises fed contractor min. wage to $15/hr; Fox 'News' tosses new 'red meat' lies to gullible viewers...
By Brad Friedman on 4/27/2021 6:14pm PT  

On today's BradCast: There is at least one thing Republicans are very good at. Whenever possible, they leverage their rightwing policy agenda --- such that they have one --- however they can in order to shift political power to their advantage. They do this both inside government and in their external communities, such as media, law enforcement agencies and corporate industry. Our guest today suggests that Democrats must learn from the Right to do the same thing...but completely differently. [Link to full audio of today's show is posted below this summary.]

They shouldn't adopt policies to prevent their opponents from being able to vote, as Republicans do. But the progressive policy agenda should be constructed to expand the base of progressive voters. While Democrats are unlikely, at this point, to win the hearts and minds of many Trump supporters after their years of brainwashing by the Republican/Fox "News" propaganda industrial complex (including a weekend full of lies falsely claiming that Joe Biden's climate policy includes a ban on red meat --- or, as Trump's former WH Economic Advisor warned on his Fox show over the weekend, Americans may soon only be be allowed to drink "plant-based beer" on July 4...yeah, seriously), Democrats can expand their own electorate through both smart legislation and executive actions.

We're joined today to explain all of this by City University of New York's Distinguished Lecturer of Urban Studies and Roosevelt Institute Fellow DEEPAK BHARGAVA who, with Dorian T. Warren last month at The American Prospect, detailed what they describe as the "Progressive Multiplier" effect. A way, they argue, to defeat Trumpism, as long as Dems take the right lessons --- not the wrong ones! --- from Republicans.

"When rightwing governments take hold, when the Republicans take power, they of course care about their policy agenda, like tax cuts and deregulation," Bhargava tells me. "But they start with the premise that in order to get all that done, they have to take the knees out from under their opposition. They're first order of business --- even though they often don't run on these issues because they're manifestly unpopular --- their very first orders of business are typically to weaken unions. That's often number one. Number two is to weaken voting rights, targeting people of color especially, and young voters who lean Democratic. And number three is to change the rules of the political game through gerrymandering and other means, so that they are making an electorate that is more favorable to them.  By doing these things, by passing these things first, conservatives and Republicans create a situation where they have more power in the next legislature and the one after that, to do more and more conservative policy, to take the state or the country in a more extreme direction."

Bhargava is clear, however, the lesson for progressives must not be to prevent their opponents from access to the ballot box, as Republicans do, but to expand their own pool of voters. "This is the crucial distinction. I do want Democrats to be ruthless. But I want them to be ruthless about expanding democracy -- Republicans have been ruthless about restricting democracy --- democracy at the workplace, meaning unions, democracy at the polls, meaning voting rights. I want the Democratic Party to be ruthless about expanding everybody's participation. That means Republicans, too. But making it easier to participate, easier to join a union, easier to vote, easier to participate in all kinds of ways in civil society. So, this is the crucial difference. Yes, it will redound to Democrats' favor and progressives' favor if more people are able to be part of our democracy."

"The underlying agenda here is to expand democracy in America," he reiterates, "and that's why the two strategies don't have any equivalence."

How can that be done via legislation and --- as the GOP has taken obstruction of legislation to an art form --- via Executive Actions by the President? We discuss all of that, including many examples --- from labor policy to policing to immigration enforcement and much more --- on today's program.

One key example Bhargava offers today, among many --- as also discussed in his new book, out today, called Immigration Matters: Movements, Visions, and Strategies for a Progressive Future --- is that the Biden Administration could add millions of new voters to the rolls, almost overnight. "There are nine million people who right now are legal permanent residents with green cards who could become citizens if we aggressively did outreach, lowered the prohibitive fees, undid all the barriers Trump created. Nine million new people by 2022 could be voting. And, as it happens, the vast majority of those will turn out to be Democrats."

Of course, Republicans know this, which is why Trump's executive policies were "hugely strategic in making it much, much harder for people to become citizens and vote. They increased fees, they made the questions harder. They lengthened the time you had to wait. They did everything they could to throw roadblocks in the way." The Biden Administration could, and should, reverse all of that immediately, Bhargava argues.

Also on today's program, several examples of both the GOP's institutionalized and well-funded rightwing agenda machine --- courtesy, in this case, of Fox' phony "Biden burger ban" lie all weekend long, across all of their shows, and the upcoming extreme gerrymandering by several states where Republicans are picking up House seats after the 2020 decennial Census, where they control the entire redistricting process. While several Democratic-leaning states are picking up seats as well, none of them have processes completely controlled by Dems. But Democrats are not completely unaware of these ideas, as illustrated today by President Biden's Executive Order raising the minimum wage for federal contract workers to $15/hour and automatically indexing the new wage to inflation for the future. That will be hundreds of thousands of Americans who will have Democrats to thank for a nearly 50% raise. Dems, however, as Bhargava agrees, need to get much better at letting those Americans know who is responsible for their newly increased fortunes.

I hope you'll tune in for today's important discussion.

Finally, we're joined by Desi Doyen for our latest Green News Report, with news on the GOP's laughable infrastructure counter-proposal to Biden's American Jobs Plan; the EPA revoking the Trump Administration's Big Government ban on state's rights to set their own emissions standards; and a very important message to climate emergency obstructionists from teen climate activist Greta Thunberg...

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Also: Biden declares Armenian 'genocide'; SCOTUS takes up guns; DoJ probes Louisville policing; Admin's new child hunger program; AZ's non-transparent 'recount'; Callers assess the Prez...
By Brad Friedman on 4/26/2021 6:54pm PT  

On today's BradCast: We've got a lot of news to catch you up on from over the weekend --- and from today alone --- before we open the phones to listeners to ring in on Joe Biden's first 100 days in office. [Audio link to full show is posted below.]

First up, today's news...

  • Over the weekend, Biden officially declared the killing of 1.5 million Armenians by the Ottoman Empire beginning in 1916 to have been a "genocide". U.S. Presidents from both parties have declined to do so for decades, largely out of deference to Turkey, now a major NATO ally. Biden just went ahead and did it, after declaring his intention the day before to the Turkish President. Yes, it's a 100 year old story, in one respect, but not to the Armenian community which has sought such a declaration on the atrocity from a sitting U.S. President for years.
  • The U.S. Supreme Court announced on Monday that it would take up an NRA-backed case next term on the Constitutionality of the right to carry weapons outside of the home, a direct challenge to a century-old New York gun law. Similar statutes are on the books in a number of other states, including Maryland and Massachusetts. Given the news we discussed on last Friday's BradCast about the appalling 6 to 3 opinion issued by the GOP's stolen and packed SCOTUS last week --- and, in lieu of Democrats figuring out how to reform the Court to expand and unpack it --- today's news likely comes as a foreboding sign for gun safety advocates.
  • The U.S. Dept. of Justice on Monday announced a sweeping new "patterns and practice" probe of policing by the Louisville-Jefferson County Metro Government and Louisville Metro Police Department in Kentucky, following the middle-of-the-night 2020 police killing of 26-year old Breonna Taylor in her own home during a no-knock raid. The warrant was approved as part of a narcotics investigation which turned up no drugs and for which the City of Louisville has already agreed to a $12 million settlement after the police killing of the African-American emergency medical technician last year.
  • The Biden Administration is announcing the launch of an historic $12 billion summer food program to feed lunch to more than 30 million low-income children, as part of the recently passed $1.9 trillion American Rescue Plan. The USDA plan, according to experts who study childhood hunger, will go a long way towards feeding children who face food insecurity during summer months, when free school lunches are not available. The initiative comes on the heels of not only a hunger crisis amid the COVID pandemic, but after years of cutbacks to the Supplemental Nutrition Assistance Program (SNAP) and other programs to combat hunger by the Trump Administration. Another upside: Money spent on SNAP goes directly into local economies.
  • In news that broke just before airtime today, the U.S. Census Bureau released its first tranche of new numbers from the 2020 decennial survey revealing that Texas, Florida, North Carolina, Colorado, Montana and Oregon will each pick up Congressional seats in the once-a-decade redistricting process before the 2021 mid-term elections. New York, Ohio and, for the first time in its 170 years of statehood, California, would each lose a seat in the U.S. House. In fact, Texas is picking up two seats, while it, Florida and North Carolina have redistricting processes that are entirely controlled by Republicans, allowing them to gerrymander their states even further than they already are. Many of the Dem-controlled states picking up seats have processes in place that share power with Republicans for redistricting, or have a process controlled by independent commissions to determine new maps.
  • In some news that broke during today's show, California officials have announced that Republicans hoping to unseat the state's Democratic Governor Gavin Newsom in a recall election, have obtained the requisite number of verified signatures needed to hold the recall election for the first-term Governor this fall. More on that story, undoubtedly, in the days ahead.
  • And lastly, before we turn to callers ringing in on Biden's first 100 days, a word about the unusual, ongoing post-election hand-count in Maricopa County (Phoenix), Arizona, where the Republican-controlled state Senate is using tax-payer money to pay a private company named Cyber Ninjas, run by a Trump-supporting IT expert with no experience in elections, to recount the County's 2.1 million ballots from the 2020 election. The count is examining only the results of last year's Presidential race, reportedly won by Biden, and the U.S. Senate race, won by Democrat Mark Kelly. In both cases, it was the first time in decades for Democratic victories. While we are normally in favor of any and all attempts by citizens to oversee the results of their own elections, the Maricopa count is disturbing on several levels.

    For one, it is being paid for by tax-payer dollars, but run by a Trump supporter who, in addition to having no knowledge of elections or election technology, has a record of promoting demonstrably false claims about the election having been stolen by election system vendors, a number of communist counties, and allies of Joe Biden. The company heading up the count is also not using accepted hand-count practices established by the state. And they also refuses to disclose the amount or additional sources of dark money funding that it is receiving to carry out the hand tally. Moreover --- and most disturbing as of now --- is the fact that the tax-payer funded organizers are barring both media and the general public from overseeing the examination of the ballots from the 2020 election (which should, theoretically be protected and remain in state custody, under federal law, for 22 months.)

    I am in close touch with some of the folks who are working as observers on the count --- the ones with actual experience in post-election audits and recounts, unlike the Republicans in charge of this scheme --- and hope to have more information for you on this in the days ahead. There is no rush, apparently. At the rate of counting being carried out by the paid-for counters --- who not only counting, but examining ballots for signs of fraud --- it could take about 15 months to tally all of the ballots, according to one experienced election integrity advocate closing tracking the process.

  • Finally today, in advance of President Biden's first address to a joint a session of Congress on Wednesday night, his 99th day in office, media are rounding up their various assessments of the Administration's first 100 days and grading the President on his performance to date. It seems his bold actions have taken many in both the media and public --- who had previously regarded old Joe as an establishment, institutionalist centrist --- by surprise. We open up the phones to callers to do a bit of the same temperature taking today, to find surprisingly positive reviews for the new President from our usually somewhat cynical and progressive listener base here in Southern California (and, in Minneapolis, Chicago and elsewhere today.)

Enjoy!...

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Guest: Election integrity advocate, journalist Jennifer Cohn on newly discovered ES&S, EAC failures; Also: Biden endorses filibuster reform...
By Brad Friedman on 3/17/2021 7:12pm PT  

On today's BradCast: While Team Trump spent months pretending the Dominion Voting Systems company stole votes from Trump and flipped them to Biden with their computerized voting and tabulation systems, there is exactly zero independently verifiable evidence to support that baseless conclusion. At the same time, however, recently unearthed documents from the state of Texas and the U.S. Election Assistance Commission (EAC), reveal a gaping security hole in new systems made by the largest voting system company in the nation, Election Systems and Software, Inc. (better known as ES&S), which has systems deployed in dozens of states. [Audio link to full show is posted below summary.]

But, first up today, some annoying (if long overdue) news that Donald Trump finally made it clear(ish), during a Tuesday interview on Fox "News", that he recommends his own supporters should, indeed, get vaccinated against COVID. He cites the "great" and "safe" vaccines that are now available, describing them as "something that works" to prevent the deadly disease. We hope his supporters listen, since they are currently the most disinclined to want to get vaccinated.

Next, some long overdue encouraging news on the Senate legislative filibuster. In a Tuesday interview with ABC News, President Biden --- a longtime Senate institutionalist previously opposed to filibuster reform --- said he now favors it being overhauled. He says he supports a modification to bring back the "talking filibuster", where obstructionists are forced to hold the floor and keep speaking until they can't anymore. That would place the onus on the minority hoping to block legislation, rather than forcing Democrats, in this case, to try and find 60 votes to pass anything at all. Republican Minority Leader Mitch McConnell, who had no problem unilaterally killing the filibuster entirely to steal and pack Trump nominees onto the U.S. Supreme Court, now vows to grind the Senate to a halt if Dems dare change the legislative filibuster. But, of course, McConnell has already done that with his unprecedented use of the legislative filibuster to block everything! We discuss.

Then, on to our main story today. Shortly after the November election last year, Donald Trump and his gaggle of dopey friends and clueless, corrupt attorneys hatched an evidence-free conspiracy theory that Canadian-based Dominion Voting Systems had participated in an elaborate plot to secretly flip votes and steal the election for Biden. (The theory was based in part on my accurate, deep-dive exclusive investigative reporting from 2010, regarding some voting system vendors --- though not Dominion --- who then had ties to Venezuela and its then living President, Hugo Chavez. Team Trump bastardized that reporting to pretend it had something to do with their dumb theory that Dominion stole the 2020 election from Trump.) Dominion has since sued Team Trumpers Rudy Giuliani, Sidney Powell, and MyPillow CEO Mike Lindell for defamation, slapping them with suits for $1.3 billion each. Last week, news out of Stark County, Ohio and out of Louisiana proved that Dominion is, in fact, being financially harmed by the fraudulent "fraud" plot used to try and discredit them.

But the nation's largest voting machine company, ES&S --- with a years-long, thuggish reputation according to elections insiders, along with a long history of failed elections on their crappy, computerized voting and tabulation systems --- largely escaped scrutiny by Republicans after last November's election. But they shouldn't have, given the disturbing, well-supported, deep-dive exclusive that election integrity advocate and Twitter phenom JENNIFER COHN broke last week at Who, What, Why. She joins us today to explain both her well-sourced report and its far-reaching ramifications.

As it turns out, she reports, there is a flaw in ES&S' installation process that prevents "hash-verification" when software is installed or patched onto their ExpressVote touchscreen voting systems. What that means, in layman's terms, is that its impossible to know if the software installed onto the systems actually matches the certified version of the software that was tested by federal testing authorities under the purview of the U.S. Elections Assistance Commission.

This gaping hole --- discovered by the state of Texas in advance of last November's election --- means that untested, modified software, perhaps containing malware, could potentially have been installed onto ES&S' systems in more than a dozen states last year. Even more maddening is that ES&S was well aware of this flaw, but told elections officials (if they happened to notice the failed hash test) that it was nothing to worry about, nothing to see here, everything is fine --- just trust us.

"The strong implication from the documents which were produced is that [ES&S was] telling them that a mismatch should just be treated as a match," Cohn tells me. "That blanket instruction really concerned the Texas examiners when they found out this was happening."

More maddening still, as Cohn reports, is that ES&S forces jurisdictions to allow their own employees or contractors to do these installations, rather than allowing jurisdictions to do so themselves, which might allow local or state officials to do their own hash-verification (or "acceptance testing", as it is known by some in the industry). Some jurisdictions that refuse to allow ES&S to do the installation will have their warrantees void by the company. As one former voting system employee tweeted in response to all of this, it is "like buying a new home and before the closing the seller says, 'You don't need a final walk-through. Just trust me."

"Normally, the customer is supposed to do it. The whole point of it is to make sure that the vendor is being honest and they're not giving malicious vote-flipping software. So to have the vendor do the hash testing themselves defeats the whole point," Cohn explains. "One of the examiners called it 'the fox guarding the henhouse', and said it was ES&S self-certifying their systems. Even the attorneys for the Texas Secretary of state were appalled."

Cohn's reporting at Who, What, Why is based on a passel of documents obtained via public records requests that reveal, for example, a troubled Texas election examiner complaining via email to their Secretary of State's attorney that this security flaw is "a gift wrapped opportunity to an insider threat," before going on to add: "It’s similar to a bank robber knowing that the camera covering teller #3 is broken."

In addition to Texas, ES&S systems used last year in Alabama, Arkansas, Arizona, Washington, DC, Florida, Iowa, Idaho, Indiana, Kansas, Kentucky, Maryland, Michigan, Missouri, Ohio, Tennessee, Washington state, Wisconsin and Wyoming may all have been similarly vulnerable to running modified, vulnerable and uncertified software during the election, as Cohn details in her report, explaining today that it could be as many as 35 states.

And, as if all of that is not yet maddening enough, she also reports on the disturbing reaction from the EAC to this gaping security hole. The federal agency which is supposed to oversee voting system certification, apparently knew about this issue prior to the election, but failed to inform the public and quietly helped patch it all over for ES&S before, essentially, lying about it all once Cohn started asking questions in February. The EAC, as we have reported at The BRAD BLOG for years, has a long and troubling history of protecting private voting system vendors rather than the voters they are supposed to be watching out for.

When the EAC learned about it, Cohn says, they were "in kind of a panic, I think, because if it had leaked out, they couldn't honestly say they knew what had been installed in those states was what it was supposed to be."

So, is any of this related to why Team Trump focused their phony, evidence-free complaints almost exclusively on Dominion, while ignoring well-documented problems with ES&S almost entirely? We discuss that and much more with Cohn on today's --- yes --- maddening BradCast, where she also notes that, despite Texas officials being as troubled as they were by all of this, "I don't think that anybody ever said, 'Why don't we use pens? They don't require hash testing.'"...

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Guest: Attorney Ernest A. Canning on the critical H.R.1, 'For the People Act'; Also: GOP Rep. dies with COVID; Another GOP Senator to retire; GA SoS opens probe of Trump's attempted election theft...
By Brad Friedman on 2/8/2021 6:40pm PT  

Among the many stories on today's busy BradCast: How Lou Dobbs' once formidable Election Integrity reporting at CNN turned into his own demise 15 years later at Fox "News"; Donald Trump's second Impeachment Trial begins this week with his attorneys making legally and Constitutionally indefensible claims; And Democrats offer a massive, much-needed measure to shore up our faltering system of democracy --- but it needs an important fix. [Audio link to full show is posted below summary.]

First up...following Smartmatic's $2.7 billion defamation lawsuit [PDF] filed against Fox "News" and three of its anchors --- Lou Dobbs, Maria Bartiromo and Jeanine Pirro --- last Thursday, the rightwing propaganda network suddenly and unceremoniously cancelled Dobbs' show the very next day.

Ironically, when Dobbs' was at CNN more than a decade ago, his show was largely the only mainstream broadcast media outlet to offer real, investigative coverage of serious concerns about computerized voting and tabulation systems, and the private corporations who had taken over so much of our public elections. His show delved into legit concerns about Smartmatic's relationship to Venezuela, among other things, resulting in a Treasury Dept. investigation at the time. It ultimately helped lead to the sale of a company named Sequoia, which Smartmatic once owned.

Some of the material his CNN show intelligently covered in the mid-aughts informed some of my own exclusive investigative reporting at The BRAD BLOG from 2008 to 2010 detailing, among other things, Dominion Voting Systems purchase of Sequoia some years later. That deep-dive reporting from 2010, ten years on, was subsequently re-imagined and bastardized by Team Trump to become the basis for their irresponsible, inaccurate and evidence-free claims regarding Dominion and Smartmatic and Venezuela (and the late Hugo Chavez) having stolen the election from Trump. In turn, those false claims have now resulted in Dobbs' own demise at Fox, even though he's the one guy at the Republican misinformation outlet who should have known better. Perhaps he did, but as a dyed-in-the-wool Trump sycophant, he didn't care. We cover the irony (and stupidity).

Speaking of stupidity, Donald Trump's Impeachment Trial defense attorneys filed their final pre-trial brief [PDF] on Monday, falsely claiming, once again, that the Trial itself is in violation of the Constitution (which it isn't, even according to well known conservative Republican Constitutional law experts) and that the former President was merely exercising his First Amendment free speech when instructing his MAGA Mob supporters to "fight like hell" the day they took him up on it and attacked the U.S. Capitol, resulting in five deaths. We discuss how the Trump argument fails in advance of his second Impeachment Trial beginning on Tuesday, and the Democratic House Managers response [PDF] to it.

In not-unrelated news, Reuters is reporting that the Georgia Secretary of State's office has opened an official investigation into Trump's attempts to steal the election in the Peach State.

Then, in the wake of Trump's failed attempt to steal the Presidential election with unfounded claims of mass voter fraud, Republicans in state legislatures across the country are attempting to institute hundreds of new restrictions on voters and voting. But Democrats at the federal level have an antidote to that predictable new wave of attempted suppression by GOPers.

We're joined today by BRAD BLOG legal analyst, attorney ERNEST A. CANNING to discuss his recent, deep-dive analysis of the Democrats' H.R.1. bill, known as the "For the People Act". The massive, 800-page bill, provides a lot of long-overdue reforms for voting and fair elections; ending dominance of big money and dark money in politics; and re-enforcing disclosure and ethics reform for members of Congress. On the voting front, it improves access to the voting booth by creating automatic voter registration across the country; restores voting rights for former felons; expands early voting; simplifies voting by mail; restores the Voting Rights Act gutted by the US Supreme Court in 2013; blocks mass voter roll purges like those seen in recent years in Ohio, Georgia and elsewhere; bars partisan gerrymandering by instituting independent Redistricting Commissions to draw Congressional District maps, instead of the partisan gerrymandered State Legislatures who currently draw them; and includes a call to enfranchise some 700,000 currently unrepresented residents who live in our nation's Capitol by making Washington D.C. the 51st state.

The critical measure also mandates --- sort of --- something that we have called for for a very long time: The option for all voters to vote on verifiable hand-marked paper ballots. Unfortunately, as Canning explains, this one point where the current text of the bill fails. While it mandates that voters must have the option to vote on a hand-marked paper ballot, it does not require that option be made available to voters at the polling place! That means that Election Officials can easily follow the letter of the bill's mandate by saying: "Sure! We offer the option for voters to use a hand-marked paper ballot, instead of 100% unverifiable touchscreens. Voters who wish to do that can simply vote by mail if that's what they prefer!"

That is decidedly not good enough, as we discuss, leaving a gaping loophole to help assure we have unverifiable elections in this country for decades. But is it that a serious enough flaw for Election Integrity advocates to oppose the entire measure, in lieu of amended language to that portion of the bill? And, either way, is it even possible for a bill like this to ever be adopted in a 50/50 U.S. Senate without ending the anti-democratic legislative filibuster once and for all?

Finally, on a sad note, another Republican Congressman, Ron Wright of Texas, has died "from health complications following his COVID-19 diagnosis two weeks ago. The passing of the second-term Congressman follows the death of Rep.-elect Luke Letlow of Louisiana, who died from COVID just days before the start of the new Congress. And another long-time Republican member of the U.S. Senate, 86-year old Richard Shelby of Alabama, has announced his intention to retire when his term ends in 2022. He is the fourth incumbent Republican in the upper chamber to bow out rather than run for re-election in the next mid-terms...

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Guest: Terrorism expert Colin P. Clarke of the Soufan Center; Also: Trump declines to testify at second Impeachment Trial; Smartmatic files $2.7 BILLION defamation suit against Fox 'News' for election theft lies...
By Brad Friedman on 2/4/2021 7:26pm PT  

We keep trying to move on from Trump on The BradCast. But his crimes, his criminal supporters, the growing terrorist menace they pose, not to mention the billion dollar lawsuits that keep coming in against the suckers who fell for and/or promoted his phony, sore loser "stolen election" conspiracy theories, are not making any of it easy. This is gonna take a while.

First up today, in advance of Trump's second Impeachment Trial next week, the Democratic House Impeachment Managers today invited the disgraced former President to give testimony under oath. The man who has never turned down the chance to be the center of the attention, turned down the offer. His lawyers call the invite "a political stunt". But, of course, since Trump can't help but lie, it's probably very wise that he has decided to not get himself into even more legal trouble than he is already facing.

At the same time on Thursday, Smartmatic, a small voting machine company that Team Trump attorneys Sidney Powell and Rudy Giuliani falsely claimed to be interchangeable with their competitor Dominion Voting Systems, and somehow behind theft of the 2020 Presidential election, pushed back hard. The company which, in the U.S., does business in only one county (Los Angeles, where they received a contract to build it's new voting systems used for the first time last year), sued Fox "News", three of its hosts (Lou Dobbs, Maria Bartiromo and Jeanine Pirro) for $2.7 billion. The suit also names Giuliani and Powell as defendants. They were each, separately, similarly sued for $1.3 billion each by Dominion recently.

Smartmatic's voting systems played no role in any of the battleground states where Team Trump has baselessly claimed the election was stolen from him. Their 285-page lawsuit [PDF] filed today, however, like those filed to date by Dominion (more are likely to be coming soon) against Giuliani and Powell, charge defamation and ensuing loss of business, after Fox, its hosts and Trump's attorneys all repeatedly made false claims based on their re-imagined reporting by The BRAD BLOG. My 2010 investigative exclusive regarding Dominion and a company they purchased which was once owned by Smartmatic, was accurate. Team Trump and the MAGA Mob Media's bastardization of that reporting was used to spin their own phony, evidence-free story of a massive, worldwide election theft conspiracy --- as we explain yet again today.

Next, in the wake of the January 6 MAGA Mob assault at the U.S. Capitol --- the incitement for which is the basis of Trump's second impeachment --- almost two hundreds perps have been rounded up so far and charged in the deadly attack. Members of a number of far-right extremist and/or racist organizations like The Oath Keepers and Proud Boys have been arrested and indicted on conspiracy charges, and Dept. of Justice officials are said to be mulling the use of RICO statues to cast an even wider net with conspiracy laws initially enacted to help bring mafia kingpins to justice.

The violent insurrection in January, however, was completely predictable. In early December on this program, we were joined by a longtime researcher of terrorism, insurgency and political violence who warned that Trump was setting the stage for coming insurgencies not unlike like the one we all witnessed at the Capitol on January 6. He warned at the time that Trump was "encouraging his supporters to engage in insurgency-like tactics and behaviors," that there are "real-world consequences to this," and that those listening to Trump and his media organs like Fox "News" and even farther rightwing media outlets were "living in an alternate universe", and "going to act on it."

We're joined once again today by that expert, COLIN P. CLARKE, a Senior Research Fellow at The Soufan Center and author of a number of books on international terrorism, to discuss his recent New York Times op-ed warning that, while "the storming of the Capitol on Jan. 6 by a rabid mob of Donald Trump supporters resulted in a failed insurrection...for far-right extremists, including anti-government militias, white supremacists and violent conspiracy theorists, nothing about the insurrection was a failure."

"Not only was it not a failure, at least viewed on the part of the insurrectionists," he tells me today, "but it was entirely predictable. Everything Trump was doing, including his violent rhetoric, was laying the groundwork for this type of political violence."

"It was obvious to any extremism researcher that knows what they're talking about that this was the logical conclusion of where things were headed. The President was stoking the flames. His enablers in the GOP were providing that passive support necessary. And he unleashed a mob, essentially, against his own government," Clarke explains.

But the even more unsettling part is that Clarke, who has studied insurgencies across the globe going back decades, believes that attack has now set the stage for the recruitment of even farther Right extremists and for still more violent events in the near future.

We discuss how both law enforcement officials and lawmakers need to grapple with the emerging threats posed by "a new era" of domestic terrorism; if our current laws are adequate to safeguard against further attacks; and the justifiable concerns that Americans should have regarding the possibility that new measures enacted to combat domestic terrorism, along with those enacted after 9/11 to guard against foreign terrorism, might inappropriately be used against perceived political adversaries of those in power.

"We need to be on guard over the mistakes that we've made in the past. We need to be transparent about what the strategy is going forward....At the same time, some of the lessons we've learned from  the last twenty years fighting jihadists just don't pertain," Clarke says. "For the better part of the past two decades, we've been focused on fighting groups and organizations overseas. Now we're concerned with individuals and movements on US soil. Quite a bit of difference there. Americans have different rights under the law --- including First and Second Amendment --- than we would be talking about if we were analyzing an ISIS network operating in Syria. So there's a lot of care to take as we figure out what to do next."

On an encouraging note, however, he explains that he has "been heartened [by] seeing that the Biden Administration understands the sense of urgency. It's tapped some of the most capable people in this country to lead the charge." He says he expects their work to be "empirically driven" based "on the data", which is "something we didn't see under the last administration, when we had President Trump talking about 'I'm going to designate Antifa as a terrorist group.'"

Finally, for some (believe it not) brighter news, Desi Doyen joins us for our latest 'Green News Report', as Dems take control of the U.S. Senate and vow to act on climate; as automakers drop their attempt to challenge California's vehicle emissions standards; and as coal is predicted to be entirely out of the U.S. power grid in just a few short years...

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Also: Dominion Voting Systems sues Rudy Giuliani for $1.3 billion in yet another defamation suit against a Team Trump attorney...
By Brad Friedman on 1/25/2021 6:22pm PT  

If you thought the news might slow down a bit with Donald Trump finally out of office, you may still have to wait a while.  On today's BradCast, we pick up where Friday's left. Moments after we got off air a ton of astonishing news broke, and it has continued right up through airtime today.  Most notably, the stunning story of just how close the nation's mercifully former President actually came to stealing the election from Joe Biden and the American people is only just now beginning to come together. [Audio link to full show follows below summary.]

We start today --- (which, by the way, marks our 17th Anniversary of muck-raking and trouble-making via The BRAD BLOG! Please feel free to help us continue our reader/listener supported work into our 18th year with a much-needed donation!) --- with another $1.3 billion defamation suit filed against yet another Team Trump legal liar and defamer.  Following a similar suit filed by Dominion Voting Systems against Trump's attorney Sidney Powell just weeks ago, his lead election-theft attorney, Rudy Giuliani, has now also been slapped with a $1.3 billion defamation lawsuit by the Canadian-owned firm.

The 107-page complaint [PDF] filed on Monday, as we detail at some length today, charges that Giuliani repeatedly fueled Trump's "Big Lie" about the election and the repeatedly evidence-free claims that Dominion's systems were somehow used to steal it from Trump for Biden. These are the false claims that Giuliani made over and over again in public, on rightwing media and on his snake-oil peddling YouTube show, ironically named "Common Sense". They are also, as Dominion points out in the complaint, the same claims that Giuliani failed to make in a court of law, where he could actually be punished for his egregious and repeated "voter fraud" lies.

The company charges that the false information from Trump's attorney was also retweeted and shared millions of times on social media, leading to broad distrust and millions in potentially lost business by the private voting systems vendor. Giuliani's months long assault also resulted in a number of vile and violent death threats to company employees and contractors alike.

The central false claim by Giuliani --- which we have detailed on previous programs --- is based on a wildly bastardized and re-imagined version of a deep-dive investigative exclusive from The BRAD BLOG that I published more than 10 years ago. It relates to Dominion's 2010 purchase of another voting machine company that had once been owned by still another voting machine company that was once tied to Venezuela and its now deceased President, Hugo Chavez. My decade-old, completely accurate story was so bastardized by Rudy and Team Trump that, at one point, while he was giving false testimony about Dominion "fraud" to the GOP-majority Michigan state legislature in early December, Rudy claimed that Dominion's owners were brought "down to meet Chavez just two years ago."  (Chavez has been dead for seven years.)

As also explained today, we are no fans here of private voting companies having any place in our public elections. Nonetheless, Dominion is right to sue for the libelous and dangerous falsehoods repeatedly told by Team Trump, which also fueled the violent, attempted insurrection by the enraged and disinformed MAGA Mob at the U.S. Capitol on January 6. Moreover, there may well be more such suits coming in the days ahead. The firm has indicated they may even file suit against Trump himself.

All of that served as the basis --- at least in Donald Trump's addled-brain, as we learned over the weekend --- for a gob-smacking, last minute attempt by the then President of the United States earlier this month to also stage a coup at the U.S. Justice Department! He reportedly attempted to replace his Acting Attorney General with yet another lackey who was willing to use the Dept. of Justice to file suit at Trump's stolen and packed U.S. Supreme Court to reverse the 2020 Presidential election results in one or more states, and to lie to Georgia's elected officials that the DoJ was investigating major voter fraud in the state. That, the hare-brained but wildly dangerous scheme argued, should have then led Georgia state legislators to void the results and award the state's electors to Trump. In reality, Biden won the Peach State narrowly last November. There has been no credible evidence to suggest otherwise and, in fact, there has been quite a bit of evidence to suggest the results in Georgia were accurately tabulated by the Dominion systems.

On Friday, the New York Times' Katie Benner published the shocking scoop on that attempted DoJ coup, that --- along with several other pieces of reporting in recent days and weeks --- gets us a bit closer to understanding just how close Trump was to pulling a trigger that might have resulted in the complete undermining of American democracy and the stolen election he was after. We detail the plot to remove Trump's Acting Attorney General (the one he installed when even Bill Barr was unwilling to go along with Trump's phony election fraud scheme), prevented only by a vow of top officials at DoJ to resign en masse if Trump went through with it. The details, however, are as stunning as the story itself, and help to spell out exactly what Trump was hoping for with the insurrection he (and Giuliani!) incited at the Capitol on January 6th and how close he came to actually pulling it all off!

All of which underscores how the two week delay now scheduled in the U.S. Senate before Trump's second impeachment trial begins is likely to make things far worse, rather than better, for the disgraced, now former President.

Buckle up for today's latest edition of The BradCast!...

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Guest: Former federal prosecutor Ben Clements; Also: Capitol Police officer dead after riot; Pelosi demands Trump resign or face second impeachment; Dominion files $1.3B defamation suit against Powell...
By Brad Friedman on 1/8/2021 8:24pm PT  

The walls are closing in very quickly now --- even throughout our hour today --- on the man who President-elect Joe Biden correctly, if generously, described today as "not fit to serve" and "one of the most incompetent Presidents in the history of the United States of America." As we go to air, Donald Trump is still in office. We can't tell you for certain if that will still be the case by the time you hear today's BradCast. [Audio link is posted at bottom of article.]

On Thursday night, U.S. Capitol Police officer Brian Sicknick succumbed to injuries sustained during the attempted coup at the Capitol on Wednesday, as incited by Trump. He was the fifth person to have died amid the mayhem wrought by our outgoing criminal President. Sicknick's death, which Trump didn't bother to mention today, may add yet another crime --- conspiracy to incite murder or manslaughter --- to Trump's quickly growing rap-sheet.

On Friday morning, House Speaker Nancy Pelosi issued an ultimatum. Either Trump resigns now or new Articles of Impeachment will be filed on Monday. That, as the Administration rats continue to flee his sinking ship, with more resignations and the welcome news that sore loser Trump will not attend Biden's inauguration and plans to leave D.C. as of the day before. "Good riddance," we say, in echoing the two word statement issued by the American Federation of Teachers last night upon the news that Education Secretary Betsy DeVos was also quitting (though only after four convicted murderers and war criminals who worked for her brother received Presidential Pardons.)

More on Trump's growing legal perils and calls for accountability with my guest today, but first a few words on the news that Dominion Voting Systems has filed a $1.3 billion lawsuit against Team Trump attorney  and his fellow perpetual liar and con-artist Sidney Powell. The private voting systems vendor charges Powell led a campaign to spread "wild" and "demonstrably false" claims about the company, including lies about their voting systems being developed with communist money in Venezuela by the late Hugo Chavez and, with the help of George Soros and China and Cuba, being used to steal the election for Biden.

(Her absurd Venezuela/Chavez claims are bastardized and re-imagined versions of my detailed, accurate, exclusive investigative reporting at The BRAD BLOG from approximately 2008 to 2010. And, while I've been wildly critical for many years of Dominion's unverifiable voting systems, as deployed by Georgia's Republican Sec. of State, there is nothing to support Powell's fantastical claims, including her evidence-free assertions that the state's SoS and Governor received kickbacks from the company to deploy their machines in the Peach State, for the first time, in 2020.)

Dominion, which previously warned they were likely to sue for slander and defamation if Powell did not retract her false claims (she refused and "doubled down" instead, according to the 124-page complaint [PDF]), also has sent similar warnings to other Team Trump liars such as Rudy Giuliani, Fox "News", Newsmax and One America News. They suggest they may even sue Trump himself. We'll hope they do, even if I'm called to testify by the private election vendor which should have no place in our public election system.

But, for now, according to our guest today, Constitutional expert and former federal prosecutor BEN CLEMENTS, Board Chair and Senior Legal Advisor of the non-partisan government accountability group, Free Speech for People (FSFP), it's accountability for the "seditious" President of the United States that is of the greatest immediate concern.

Clements, along with FSFP's  John Bonifaz and Ron Fein, filed an op-ed in the Boston Globe on Tuesday --- the day before the Trump-instigated insurrection at the Capitol on Wednesday --- calling for Trump to be immediately impeached for a second time.

"At the time we wrote the op-ed, we were only dealing with the first major set of felonies that the President committed this week, in the effort to falsify the Georgia election results in his favor," he tells me today, referring to last Saturday's phone call by the President to GA's Sec. of State, cajoling and threatening him to "find" enough votes to steal the election for him there. (Yes! That was just this past week as well!) "At this point, we obviously have a second set of felonies in connection with his incitement of a seditious mob on Congress, which creates an even greater urgency."

But the reason Clements is calling for a second impeachment this late in Trump's term is because, as he explains: "There is really, for the most part, only one sure way to ensure that Donald Trump is not permitted to again run for office in this country...And that way is through the impeachment power.   If the Senate convicts, an official can be removed, but they can also be disqualified from ever holding federal office again. Aside from removal, which is now needed more urgently than ever, there is the need to disqualify him, to prevent him from running in 2024, or from running for anything else at any time in the federal government."

With just 12 days left before Biden's Inauguration, is there even enough time for such a proceeding?  As Clements, who authored a book with Bonifaz and Fein called The Constitution Demands It: The Case for the Impeachment of Donald Trump, details that impeachment and a Senate trial can happen even after an official is out of office. Indeed, as he (and his op-ed) recounts, there is even historical precedent for it.

We also discuss whether the Constitution allows for a Presidential self-pardon, whether Trump will try to execute one, whether lawful or not, and as FSFP called for yesterday, the need for Joe Biden's Attorney General-designate, Judge Merrick Garland, to immediately empanel an independent task force, once confirmed, to coordinate and investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."  Clements argues that, without public pressure, Democratic Administrations have had a tendency in the past, when taking office "after a corrupt and sometimes lawless Republican administration" to make a "a quick call to 'turn the page.'"

"We are hearing those calls broadly already," he says. But "if we really want to move forward, if we really want to restore the integrity of the Department of Justice, there must be accountability for the crimes of this Administration and particularly of Donald Trump. And there must be accountability for the destruction that he created to our democracy and to the Department of Justice. The reason we're calling for this is there is a risk that there will be this temptation to say 'he's out of office and let's move on.' And I think that would be a GRAVE mistake that will invite more lawless activity, that will invite more of the kind of activity that we saw on Wednesday with the attack on the Capitol."

As we chatted, news came in that Alaska's Republican Senator, Lisa Murkowski, is now calling for Trump to resign, declaring "I want him out" and threatening to leave her party if they continue to align with him. And Twitter finally did the right thing (years belatedly) by permanently banning Trump, citing the risk of further incitement of violence.

It's going to be a very dark weekend for Trump. But, for us, we close a dark week today with a long overdue, brand new and hilarious parody tune for the seditious moment, from the great Randy Rainbow! Enjoy!...

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Guest: Democracy activist, legal scholar Paul Lehto; Also: New Congress, same old problems; Former SecDefs issue warning about Trump; Unhinged President's unhinged phone call threatening GA's Sec. of State...
By Brad Friedman on 1/4/2021 7:39pm PT  

After a not-nearly-long-enough break, The BradCast is back for the new year, when everything will be entirely better than the old year, right? Well, if the last several days of insanity that we now refer to as "news" is any indication, the answer is: "Not so much!"  It will be impossible to adequately cover all we discussed on today's program in today's summary. But, we'll give you the basics here and hope you tune in for the full story. [Audio link to full show is posted below summary.]

While we were off, both houses of Congress overrode Donald Trump's ridiculous veto of the "must-pass", $780 billion National Defense Authorization Act to fund the military for another year. But GOP Senate Majority Leader Mitch McConnell was nonetheless successful in preventing Americans from receiving $2,000 pandemic checks, despite best efforts of Democrats, a tiny, uninspiring handful of Republicans, and even Trump himself. That, as the nation clocked an unfathomable 350,000 COVID deaths, which is the equivalent of blowing up about 17 sold-out NBA arenas and killing every single person in every single one of them, or 115 9/11s over the past 10 months in the U.S.

With that, the new 117th Congress convened for the first time on Sunday, with a narrow majority for Republicans in the Senate (pending Tuesday's two U.S. Senate runoffs in Georgia) and with a narrow majority for Democrats in the House, where they elected Nancy Pelosi as Speaker for another two years.

Despite all of that pretty big news, it all seemed to pale in comparison to Donald Trump's ongoing electoral death rattle. With concerns about how our unstable President may react as his days in office dwindle, every living former Defense Secretary (10 of them, Republican and Democratic, including the two fired by Trump and even Dick Cheney, who was apparently concerned enough that he reportedly led this effort), published a short, sharp group op-ed, making it crystal clear that any "efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory," and that "civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic."

Even as that was being published on Saturday, Trump was on the phone for an unhinged hour with the Republican Secretary of State of Georgia, haranguing, threatening and cajoling him to change the state's Presidential election results to award the state's electoral college votes to Trump. We play part of that call, which may have been in violation of both state and federal laws, on today's show. We do not do it justice. The Washington Post has published the full bonkers audio and transcript, including Trump's long-ago debunked fraud claims and repeated false assertions that he won the state by about a half million votes (he lost it by about 12,000) and that he just wants "to find 11,780" votes to "win" the state.

The news of that madness came on Sunday, as Georgia will have it's last day of voting in two U.S. Senate runoffs to determine partisan control of the Senate for the next two years on Tuesday, and as the new Congress meets in a joint session on Wednesday, January 6th, to affirm (or not) the results of Biden's Electoral College victory over Trump by a seemingly comfortable 306 to 232 margin.

Over the weekend, however, more than a dozen Republican U.S. Senators led by 2024 hopefuls Josh Hawley of MO and Ted Cruz of TX, announced they intend to challenge the Electoral College results on Wednesday during what is normally a pro forma procedural affair presided over by the President of the Senate (Vice President Mike Pence, in this case).

And this bring us to crux of where we are and what could happen on Wednesday, as Republicans continue to claim --- through failed lawsuits and other protests --- that the Electoral College Act (ECA) of 1887, which has determined the procedure to be used on Wednesday for about 150 years and 33 Presidential elections without question, is somehow a violation of the Constitution's 12th Amendment.

If Republicans can figure out how to make this argument on Wednesday --- with Pence potentially holding the reins to help them --- we could find ourselves in a Constitutional quagmire leading to....lord knows what.

We're joined today to help explain all of this madness by longtime election integrity advocate, election law scholar and democracy activist, PAUL LEHTO. He argues that, despite so many claims to the contrary (by many of the same folks who said that Trump could never become President back in 2016, by the way) there is, in fact, still a "path" for Trump and his Republicans to steal the election from Biden on Wednesday.

Tune in for the details, but it has to do with how the 12th Amendment says that questions about the validity of Electoral Votes should be dealt with (via a one vote per state vote in the U.S. House), versus how the ECA handles such challenges (with a regular, up or down majority vote in both houses needed to support such a challenge.)

Why is this even a question at this point? Lehto explains in detail.

He also cites the lesson that we should learn from all of this madness: "What we should learn is that what you and election integrity activists have talked about now for decades is coming home to roost," Lehto explains. "And that is that a big, big part of this is the inherent uncertainty when votes are purely processed through computers. Nobody really knows --- until there's a hand recount --- what the result is, and partisan people can attach to that uncertainty and that doubt any theory that they wish to in order to keep hope alive."

"So we need a voting system that leaves no doubt as to that result . And in order to have that you have to have transparency," he says, adding: "Basically, this is all the chickens coming home to roost, in terms of our non-transparent voting system."

There's more. But, again, you'll need to tune in for it. Happy New Year?...

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By Brad Friedman on 12/31/2020 4:07pm PT  

I'd love to say that 2021 couldn't be any worse than 2020. But I'm fairly certain that 2020 (and 2019 and 2018 and 2017, etc.) has sort of proven such optimism to be naïve. Nonetheless, hope springs eternal and better days will certainly come…even if they don't happen seconds after midnight or even seconds after Noon on January 20th.

So, rather than offer overly optimistic predictions for the days ahead, I will thank you --- our readers, our listeners --- for days past. 2020 was pretty miserable for everyone and damn near impossible for many. Your generosity and support --- by kind words, sharing of our work, and, yes, financial donations --- made each day a bit better, a bit more tolerable, than it certainly would have otherwise been.

From Desi, Ernie, PDiddie, Nicole, myself, and anyone else who helps keep The BRAD BLOG and The BradCast and Green News Report continue to hum and produce important content and rake the muck and help make you (and me) smarter or just help you find a laugh each and every day, we thank you.

The BRAD BLOG will be an unthinkable 17 years old in a few weeks. One more year and we'll be eligible to be purged from the voting rolls! None of it could be done each day without the kindness of strangers…and friends, which I consider each of you to be.

Thank you for your support in helping us get this far. And we'll see you on the other side in 2021…no matter what it may bring. We'll get through it together as we have, impossibly, for so many years. Please stay safe, warm and HEALTHY until then and accept my hopes for a Happier New Year for all! --- Brad (et al)




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