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Latest Featured Reports | Tuesday, January 19, 2021
Bye, Don:
'BradCast' 1/19/2021
Guest: Progressive columnist, broadcaster Richard 'RJ' Eskow on Trump's bitter end, Biden's difficult new beginning, America's challenges ahead...
'Green News Report' 1/19/21
  w/ Brad & Desi
Biden's recovery plan focuses on climate and a blitz of action to undo Trump's enviro rollbacks; Trump's last rollbacks and polluter giveaways; PLUS: Final end of line for Keystone XL?...
Previous GNRs: 1/14/21 - 1/12/21 - Archives...
Sunday 'Capitol Punishment' Toons
PDiddie's latest, 'inciteful' collection of the week's best political toons...
Our Long National Nightmare Almost Over, Trump's Just Beginning: 'BradCast' 1/15/21
Guest: Salon's Heather Digby Parton; Also: Tragic COVID milestone; Biden's $1.9T plan; Creepy new Capitol Insurrection revelations...
DOJ Must Contest Validity of Presidential Self-Pardons and Pardons of Seditious Co-Conspirators
Did the Framers really wish to give Get-Out-of-Jail Free cards to insurrectionists?...
'Green News Report' 1/14/21
  w/ Brad & Desi
Former MI Gov. charged in Flint Water Crisis; Trump EPA parting gift to polluters; U.S. emissions plummet, due to coronavirus; PLUS: World's biggest battery farm now online in CA...
Previous GNRs: 1/12/21 - 1/7/21 - Archives...
'A CLEAR AND PRESENT DANGER': TRUMP IMPEACHED AGAIN: 'BradCast' 1/13/21
Guest: Former diplomat, Rep. Tom Perriello of Open Society Foundations US on nation's need for accountability beyond impeachment...
America or Autocracy? - GOPers Choosing Sides: 'BradCast' 1/12/21
Also: Military condemns insurrection; Corporations dump Repub coup-supporting lawmakers; Adelson dead; GOP support for impeachment; Schwarzenegger's response...
'Green News Report' 1/12/21
2020 tied for hottest year on record; 2020 also shattered record for billion-dollar disasters in U.S.; PLUS: Fossil fuel industry shuts revolving door on Trump energy staffers...
To Impeach or Not Impeach? Why It's Even a Question: 'BradCast' 1/11/21
Callers ring in following last week's deadly, Trump-incited riot, while timing looms large before Inauguration Day, and as MAGA Mobsters gears up for more violence...
Sunday 'Death to America!' Toons
PDiddie's latest weekly toon collection finds, once again, the call is coming from inside the (White) House...
Trump Must Be Impeached Again, EVEN if He Leaves First: 'BradCast' 1/8/21
Guest: Former federal prosecutor Ben Clements; Also: Officer dead after Capitol riot; Pelosi to Trump: resign or be impeached; Dominion's $1.3B suit against Powell...
'Green News Report' 1/7/21
Dems win Senate majority, paving way for climate action; Amid attempted coup, Admin auctions drilling rights in ANWR; PLUS: Britain's new record in offshore wind...
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...


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?...

Download MP3 or listen to complete show online below...

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Also: Contest filed in Iowa U.S. House election with 6-vote margin; Newsmax cracks under legal threat from voting machine company...
By Brad Friedman on 12/22/2020 8:12pm PT  

Well, the good news on today's BradCast, is that he won't be California's Secretary of State anymore. [Audio link to show follows below summary.]

Gov. Gavin Newsom has announced he is appointing his long time friend, CA Sec. of State Alex Padilla, to fill the seat being vacated in the U.S. Senate by Vice President-elect Kamala Harris. The ambitious Padilla has risen up through the ranks of CA politics, from the Los Angeles City Council to the State Senate to becoming a twice-elected SoS, and now to his appointment to the U.S. Senate. He will serve out the rest of Harris' term through 2022 as the state's first Latino Senator.

In his official announcement today, the Governor detailed a long list of accomplishments by Padilla during his career in the Golden State. In turn, we share a number of Padilla's disturbing failures both before and during his tenure as SoS, as we have covered at The BRAD BLOG over the years. In 2013, for example, while he was still a state Senator, we highlighted Padilla's dishonest and misleading campaign for a major election reform bill (SB 360) which ended the long-standing requirement for federal testing and approval of new voting systems in the state and transferred sole power for certification testing and approval of new systems to the SoS. As it happens, Padilla was the leading candidate for the office at the time and eventually became SoS in 2014.

In selling the measure to the public and the media --- it was eventually passed along partisan lines in the CA legislature and signed by then-Governor Jerry Brown --- Padilla claimed the bill was needed to allow counties in the state to create and own their own voting systems. "Allowing counties to develop, own and operate voting systems will increase voter confidence in the integrity of our elections," he told the public. The remarks echoed his early announcement of the bill [PDF] in which he deceptively explained that "A public voting system will be more transparent, instill public trust and be more accountable than our current systems."

At the time, Los Angeles County had been developing a new, 100% unverifiable touchscreen voting system. It was finally implemented (disastrously) for the first time this year. What Padilla failed to make clear in his deceptive sale of SB 360 was that L.A. County had already owned its current voting system at the time, and didn't need the radical new measure to do so. While Padilla's office had initially asked for our input on SB 360, they stopped communicating with us entirely once we asked about his dishonest sales pitches.

Moreover, after 10 years in development, when L.A.'s new, $300+ million voting system was found to be in violation of more than 40 California Voting System Standards late last year, Padilla certified it for use anyway, rather than simply mandating verifiable hand-marked paper ballots for every voter in the nation's most-populous County. The first roll-out of L.A.'s Padilla-approved "Voting Solutions for all People" (VSAP) system was a disaster during this year's March 3rd Super Tuesday primaries. Problems cited by testers (but ignored by Padilla) contributed to long lines for voters that stretched, in some cases, until after midnight. The same failed systems were again re-certified for use in the general election, though they fared better overall with much less use after the Governor mandated absentee ballots to be sent to all registered voters in the state during the pandemic.

Those are just some of the concerns that Election Integrity advocates in the state have had about Padilla. But the good news is that he'll likely be a reliable Democratic place-holder vote in the U.S. Senate while, perhaps, a more competent Sec. of State can be named to replace him in the Golden State. We'll see.

Also today, Rita Hart, Iowa's Democratic former state Senator and 2020 U.S. House candidate in the state's 2nd Congressional District, filed an election challenge in the House under the Federal Contested Elections Act. Iowa certified Hart's Republican opponent, Mariannette Miller-Meeks, as the winner of the open seat by just 6 votes out of nearly 400,000 cast in the November election. Hart's contest, however, notes that at least 22 legally cast votes for her were wrongly excluded from the final tally, including many which state election officials agree were lawfully cast but excluded from the count because they were discovered after the initial canvass. State law bars the inclusion of such ballots in the final tallies. She also argues that the state recount which narrowed the margin from 47 votes to 6 --- and included a number of major counting errors along the way --- was unconstitutionally conducted, as the 24 counties of the District used disparate counting methods. Some used machines, others hand-counted, others used a combination of both. She is seeking a full, uniform hand-count by the Government Accountability Office and hopes to eventually be seated by the Democratic-majority U.S. House Administration Committee under the Act. The investigation is likely to take months.

In other elections-related news today, rightwing propaganda outlet Newsmax joined fellow rightwing propaganda outlet Fox "News" on Monday by attempting to walk back their false assertions regarding the private elections vendors Smartmatic and Dominion Voting Systems. The two competing vendors have been targeted with baseless, evidence-free claims by Team Trump attorneys and others from the MAGA Mob --- which have been shared and parroted by both outlets, as well as One America News (OAN). Last week, Smartmatic sent a legal threat, demanding retraction for the outlets' claims that Smartmatic was involved with Dominion in a worldwide conspiracy --- with Venezuela and its dead President Hugo Chavez, China, Cuba, the Clinton Foundation and George Soros, among others --- to flip the results of the election and steal it from Donald Trump in several swing-states. As we explained recently, the baseless allegations are taken, in part, from my own accurate investigative exclusives about the ownership of Dominion and Smartmatic from more than a decade ago.

In response to the possibility of facing a defamation lawsuit, over the weekend Fox "News" ran a bizarre, three-minute segment on shows hosted by rightwing conspiracists Lou Dobbs, Janine Pirro and Maria Bartiromo, featuring a disembodied voice asking questions of Eddie Perez of the Open Source Election Technology foundation. Perez, who has recently been a guest on our show, is seen denying largely all of the claims that the wingnut outlets have been making to advance Trump's false claims that he won the election.

On Monday, Newsmax joined Fox by running its own version of an attempted retraction, to "clarify" that, in fact, they have absolutely no evidence to support myriad claims the stations has aired regarding Smartmatic and Dominion during the weeks since Election Day. The "clarification" will supposedly run across all Newsmax shows, according to its CEO and longtime Trump supporter, Chris Ruddy. Given that Smartmatic has hired one of the nation's top defamation attorneys --- who won a case for $177 million in 2017 --- its little wonder that both outlets are now running very scared. We'll see if OAN buckles soon as well, in the face of someone attempting to hold them accountable for countless lies meant to undermine our democratic system in support of Trump's attempt to steal the election from Joe Biden and the American people.

Finally, Desi Doyen joins us for our last Green News Report of 2020! As Biden-Harris round out their historic climate team nominations; long-overdue climate legislation is included along with Congress' long-overdue COVID emergency relief package; and as the Trump Administration triumphantly ends the tyranny of efficient showerheads....

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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New Dem House majority will be perilously thin on Jan 6th; Pentagon halts Biden transition briefings; Also: Dominion threatens to sue Sidney Powell; Repub attorney calls for hand-marked, hand-counted paper ballots(!)...
By Brad Friedman on 12/18/2020 7:41pm PT  

We're still in Friday the 13th and Nightmare on Elm Street mode on today's BradCast, with a reminder that there are still 33 long days before Inauguration Day. And even though Freddy Kruger (in Nightmare) and Jason (in Friday, which I manage to get mixed up on today's show, but you'll get the idea!) get killed in every movie, they always find a way to reappear once you think they are absolutely, positively dead. We've made it this far, let's not let our guard down until the credits have finished fully rolling! [Audio link to full show is posted below.]

To that end, and beyond, we've got a number of stories worth your attention on today's show, including...

  • The Democrats' majority in the new House of Representatives will be perilously thin --- just four votes --- when the new Congress is sworn in on January 3rd, warns Norm Ornstein at WaPo. That could very much come in to play when Biden's Electoral College victory is scheduled to be affirmed by Congress on January 6th, if all members are unable to be sworn in, in person, due to COVID. We discuss that short term concern as well as longer term ones for Dems in the House, where every single Dem vote will now likely be needed to pass absolutely anything --- especially once three members now tapped to serve in the Biden Administration vacate their seats and Dems are left with a slim one vote majority for a time. We discuss both those long and short ramifications today, as you need to know about both.
  • But, before we even get to January 6th --- much less Inauguration Day on January 20th --- why did the Pentagon's Acting Defense Secretary, who was just appointed by Trump, call off all transition briefings with the Biden Transition Team last night? AXIOS reports Defense Department officials are "shocked" and the Biden team is very concerned. (Does Freddy still live?)
  • We've got a bit of good news today, at least out of Georgia, where some rightwingers attempted to challenge the eligibility of some 50,000 registered voters who they claim have moved out of the formerly right-leaning Cobb County. They had hoped to keep them all from voting in the two, ongoing U.S. Senate runoff elections that will determine partisan control of the U.S. Senate on January 5th. The lame duck 3 to 1 GOP majority county Board of Elections heard the challenges today. Happily, the the Republicans members, who were all voted out and replaced by a Democratic majority on November 3rd, did the right thing. We explain.
  • Meanwhile, a couple of days ago on the show, I was in the uncomfortable position of having to defend voting machine company Smartmatic, as part of a pretty epic rant, thanks to Team Trump and the MAGA Mob's bastardized use of some of my decade-old investigative reports at BRAD BLOG that were twisted and used to falsely attack the company for somehow working with Venezuela and its dead President Hugo Chavez to steal the 2020 election from Donald Trump. The private voting system vendor is now threatening to sue rightwing propaganda outlets Fox "News", Newsmax and OANN for defamation if they do not retract what the company describes as defamatory claims about the company that had absolutely nothing to do with the 2020 election in ANY swing-state.

    But now, yet another voting machine company, Dominion Voting Systems --- which actually DOES have contracts in a number of swing-states and has also been falsely targeted by the MAGA Mob for allegedly flipping votes from Trump to Biden --- is threatening to sue Team Trump attorney Sidney Powell for her false, outrageous, and arguably defamatory claims.

  • Yet maybe --- just maybe --- something good can ultimately come from all of these nightmares. For that, ironically enough, we turn today to the rightwing propaganda outlet called The Epoch Times for evidence. A new article in the paper which is widely read, cited and shared by wingnuts, including the President of the United States, highlights a far-right attorney who has been involved in a number of the failed legal attempts to overthrow Biden's victory. He is now calling for a return to hand-marked and even hand-counted paper ballots!

    Decrying "the vulnerability of our digital footprint in elections," he argues: "We can keep the paper, and we can audit the paper, and we can do so with efficiency. But the primary aim should not be efficiency behind closed doors. It should be transparency and accuracy. Paper gives it to you." The article makes clear (if you read it, you can skip the middle section with a bunch of grievance nonsense regarding Facebook and Mark Zuckerberg --- told you it was a propaganda rag!) that he is calling for HAND-MARKED and HAND-COUNTED paper ballots!

    I have long argued that we'd likely never get rid of these god-forsaken computer voting and tabulation systems and restore public oversight to our elections until a high-profile Republican got thoroughly screwed by those systems or even feared that they got screwed by them. That's because it has largely been Republicans who have been defending their use for so many years. I guess I should have also noted that a Republican who pretended he was screwed by one of those systems might do the trick as well. Well, at this point, we'll take what we can get.

    Once the dust settles on 2020, let's hope there are enough Republicans who still have serious concerns about computer voting and tabulation that they are willing to work with other Election Integrity advocates, many of them from the Left, to end the obscene --- and often impossible to oversee --- computerized corporate control that has been allowed to takeover our public elections in the United States.

  • Finally, Desi Doyen joins us for our latest Green News Report, as Biden focuses on jobs and climate in several recently reported key nominations to his Administration; Trump continues trashing the planet on his way out the door; and Washington state's Governor unveils an ambitious new clean energy jobs plan...

Download MP3 or listen to complete show online below...

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Guest: Slate legal reporter Mark Joseph Stern on recent cases, Bill Barr, Kris Kobach and accountability for TX' attempt to overturn the election; Also: GOP now eating its own with GA's U.S. Senate runoffs underway...
By Brad Friedman on 12/15/2020 7:54pm PT  

On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

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Also: BARR OUT AT DOJ; Trump legal fights mopped up, rejected in WI; MAGA Mob sparks weekend violence in D.C., shuts down MI capitol...
By Brad Friedman on 12/14/2020 7:50pm PT  

On today's BradCast, we won't be broken, even by more breaking news than we might have guessed. [Audio link to complete show is posted below.]

We knew we were starting with late breaking news today as California gave President-elect Joe Biden the requisite votes (270) needed to win the Electoral College just minutes before air time. But, because this is the Trump Era, that was quickly superseded by the breaking news just seconds before air time that Donald Trump's corrupt fixer and Attorney General Bill Barr is now out at the Dept. of Justice after recently conceding there was no massive fraud in the 2020 election that Trump decisively lost.

In other news covered on today's program on what developed into a surprisingly good news day by and large (at least by 2020 standards)...

  • We begin with a fireside story for your holidays called "The President's New Suit". Spoiler alert: only his closest courtiers and sycophants (126 House members and, even more shamefully, 19 wingnut state Attorneys General) can see it. Even his stolen and packed U.S. Supreme Court saw nothing there on Friday and dismissed the last-ditch effort to disenfranchise millions of American voters in four swing-states that voted for Biden, as filed last week by the indicted Republican Texas Attorney General and Presidential Pardon Hustler Ken Paxton.
  • As the nation crosses its latest undescribably grim milestone today of more than 300,000 deaths from COVID-19, Trump continued to spend his time over the weekend lying about about "fraud" in the election that he lost, rather than the lives needlessly lost under his failed pandemic management as the surging crisis continues to smash new records each day. But, on Monday, the first doses of the first approved vaccine for the disease began to be distributed and administered to health workers and elderly Americans in assisted living facilities. It will likely be Spring before much of the general public will have access.
  • No matter his lies and failures, Team Trump's onerous attempts to disenfranchise hundreds of thousands of voters in Wisconsin --- but only in its two most diverse, most Dem-leaning, most African-American counties --- continued over the weekend. Two different legal efforts in the Badger State, one in federal court and one in state court, fared no better than his 60 or so previous attempts to steal the election from Biden. Of the two latest cases, the last ones that we know of in WI, neither of which included evidence of fraud, one was dismissed by a Trump-appointed judge in federal court on Saturday, and the other was tossed by a 4 to 3 vote of the rightwing Wisconsin state Supreme Court on Monday. A conservative Justice, once again, voted with the court's three liberals, and excoriated the Campaign's attempt to toss more than 200,000 lawfully cast votes in a strategy that one Justice said "smacks of racism". The ruling came just moments before Wisconsin cast its 10 Electoral College votes for Biden.
  • Down in Georgia, where 16 Electoral College votes were cast for Biden today --- eventually giving him 306 votes, versus the 304 votes Trump ultimately received in 2016, when he called his victory over Hillary Clinton a "landslide" --- former Gubernatorial candidate Stacey Abrams cast her vote as a Democratic Elector and offered some comments on bringing the nation together under the new Democratic President-elect, which we share on today's show.
  • And though we ran out of time for details, here's the story of the Michigan state capitol which had to be shut down today for security reasons during the casting of that state's 16 Electoral College votes for Biden, as a state GOP lawmaker appeared to threaten violence in Lansing this morning.
  • Finally, in our remaining few minutes, we open up the phone lines to listeners, one of whom sees the continuing and futile Team Trump lawsuits as "treason", another who questions the safety of the COVID vaccine, and another who ends today's show with a rather appropriate song...

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Guest: Voting system expert, federal plaintiff Marilyn Marks of Coalition for Good Governance...
By Brad Friedman on 12/10/2020 8:22pm PT  

On today's BradCast, some real facts on the real concerns about Dominion Voting Systems' unverifiable computerized voting machines in Georgia --- what we know (and don't) about what happened with them during the 2020 Presidential election in November; what concerns that voters of all parties should have about them before the two critical U.S. Senate runoffs in the Peach State in January which will determine partisan control of the U.S. Senate; and what all Americans can do about it. [Audio link to full show is posted beneath summary.]

But, first up today, a few quick --- and somewhat related --- news items today. On Wednesday, the U.S. tallied a heartbreaking record 3,124 COVID deaths, making it the fourth most deadly day in U.S. history after the Galveston Storm of 1900, and the Civil War battles of Antietam and Gettysburg. Wednesday saw more Americans die from COVID than those killed on September 11, 2001, which had previously been the nation's fourth most deadly day. The next most deadly single days in the U.S. thereafter are now, in order, last Thursday, last Wednesday, last Friday, last Tuesday and Pearl Harbor.

At the same time this week, Donald Trump has been throwing crowded, indoor, holiday parties at the White House, lying to guests, without a mask, that his election was stolen, and the Texas lawsuit filed this week would prove it to his stolen and packed U.S. Supreme Court, somehow. It's as if the worst pandemic in more than a hundred years doesn't even exist because, after all, there's an election to be stolen and several centuries of American democracy to be undermined during the holidays.

As to that absurd Texas case filed by the criminally indicted Attorney General of Texas, Ken Paxton, (which we explained in great detail on yesterday's BradCast), 18 GOP controlled states have now joined the Lone Star State in support of tossing out the election results in Wisconsin, Michigan, Pennsylvania and Georgia, despite any evidence of fraud in those states that could possible overturn Joe Biden's certified win in each of them. But, much less reported today, is the fact that more than 20 U.S. states and the District of Columbia have joined those four targeted states in opposing the corrupt Paxton's transparent effort to win a pardon from the corrupt Trump, before the FBI drops new federal charges for bribery and abuse of power on the Texas AG.

Yes, the Texas case is absurd and offers an unprecedented, radical interpretation of the U.S. Constitution in hopes of stealing the election for Trump. As Pennsylvania's Attorney General, Josh Shapiro, has correctly argued, "The Court should not abide this seditious abuse of the judicial process." But we also now have an unprecedented, radical bunch of Justices sitting on the bench at SCOTUS. Anyone who tells you they know how those Justices will rule on this case is simply making things up.

In the meantime, there remain very real concerns about Georgia's voting system, just not the phony ones that Team Trump and the MAGA Mob have decided to focus on (read: lie about.)

Today, for the first time since before the November 3rd election, we're joined by voting systems expert MARILYN MARKS, Executive Director of the nonpartisan, good government watchdog group, Coalition for Good Governance. As a plaintiff in the long-running federal lawsuit seeking to bar Dominion Voting Systems' new, unverifiable touchscreen systems from use in the state, Marks has been one of the longest and loudest critics of both the private Canadian-based voting system vendor and the state's Republican Sec. of State Brad Raffensperger who contracted them. (Her same federal suit already resulted in a federal judge, last year, banning the use of the state's 20-year old, unverifiable Diebold touchscreen systems.) Raffensperger defied both election integrity and cybersecurity experts by purchasing Dominion's unverifiable $100+ million systems instead of a hand-marked paper ballot system as recommended by the experts. And now, Team Trump is exploiting Raffensperger's ill-considered decision to make all sorts of unfounded claims about them.

That said, because these systems are unverifiable, it's next to impossible to know that they accurately recorded the intent of any of the voters who are forced to use them at polling places across the state --- something that Marks (and us) warned about long before Republicans decided to pretend they were concerned about "election integrity" and invented a ridiculous worldwide conspiracy led by Dominion to steal the election from Trump.

In addition to cribbing from and bastardizing some of The BRAD BLOG's decade-old, independently verifiable investigative reporting about Dominion to create their ridiculous conspiracy regarding Venezuela's dead President Hugo Chavez helping to steal the election from Trump, the same MAGA Mob has been stealing from and lying about Marks' long-running federal law suit to try and make their case in court.

"We have seen, in Sidney Powell's lawsuits, fabrication after fabrication," Marks tells me. "I sit there and read these documents, cringing at the lack of facts. They even take things from our documents, like experts' reports, then add craziness to them, literally change facts that were attested to by our experts and make them completely false."

In light of all of that, among the question Marks speaks to today: Is there any evidence that Dominion Voting Systems touchscreens or tabulators were, in fact, used to flip votes from Donald Trump to Joe Biden in Georgia? Her answer may surprise you! If you've listened to The BradCast while we've covered this issue with Marks and others for years, it may not surprise you.

We have covered Georgia on this program and at BradBlog.com so long and in so much detail for a reason. The state, she notes "has been the poster-child for all that is wrong with US elections. It's all concentrated here. And now it's the center of the universe."

Marks also speaks to whether Americans and residents of Georgia should have confidence in the reported results from the November election, and what if anything, can be done to ensure confidence in the results of the critical January 5th U.S. Senate runoffs in the state.

For those with actual concerns about those runoff elections --- which doesn't actually seem to include many of the Republican sore losers complaining about the November results and an evidence-free "Dominion Conspiracy" --- Marks asks listeners to urgently, and politely, email both the Speaker of the GA House, David Ralston, and GA's Sec. of State Raffensperger to urge them to allow HAND-MARKED paper ballots for all voters at the polls in the upcoming runoffs. She argues that there is still time for that to happen in every county, even as Early Voting begins on Monday. "They can make a quick switch to hand-marked paper ballots. All they need are a few thousand black ballpoint pens. They just need to hear from the nation that this time we want a non-controversial election."

We also ask Marks (a now former Republican herself), whether or not there are at least a few Republicans who might end up finding legitimate interest in joining the fight for real Election Integrity after their current partisan interests in Trump's election eventually fade away. While a private company like Dominion should never have the type of control they now have over our public elections, neither should the much larger ES&S firm or the smaller Hart-Intercivic, just to mention the three largest corporations who have arguably been allowed to usurp our public elections with unsecure, poorly designed, easily manipulated, non-transparent, computerized voting and tabulation systems.

"I hope that maybe one piece of good is that the Republicans are now suddenly concerned about software, and they are concerned about transparency of other processes," she observers. "They're suddenly interested in election administration that before, they seemed to have assumed was just going to work for them. So, hopefully we will get better transparency out of this. But we're going to have to go through the crazy period first, I'm afraid."

Finally, we're joined by Desi Doyen for our latest Green News Report, with mostly disturbing news, as usual, on the state of our climate and environment, but some really really encouraging news at the end, that we'll use to make ourselves feel much better on another insane day like today...

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Guest: Insurgency, terrorism expert Colin P. Clarke of The Soufan Center...
By Brad Friedman on 12/4/2020 8:16pm PT  

On today's BradCast: The monster isn't quite dead yet, but it's getting close. His zombie minions, however, pose an entirely different concern. [Audio link to full show is posted beneath summary below.]

Late on Thursday night, U.S. Supreme Court Justice Samuel Alito announced a schedule for the Court to examine a late challenge to Pennsylvania's election results, as filed by a top Trump ally in Congress and a number of state lawmakers. If successful, the challenge would result in the disqualification of hundreds of thousands of lawfully cast ballots in the Keystone State, handing its electors to the loser, Donald Trump. But Alito's delayed schedule to review the case --- until after the statutory so-called "safe harbor date" to conclude state Electoral College result challenges --- appears to all but preclude the possibility of SCOTUS overturning results in the state showing that Joe Biden defeated Trump by more than 80,000 votes.

That case, just like all of those filed (and rejected) by the Trump Campaign to date, does notinclude any evidence or allegation of fraud, widespread or otherwise.

So, is Trump's narrow path to overturning the will of the people now completely shut? Almost...though it's not quite foreclosed just yet, as we explain.

Then, following a week of death threats against Republican officials across the country by Republican supporters of Trump, as encouraged by the President of the United States himself, an expert in terrorism and insurgencies joins us to explain why he believes Trump is now actively laying the groundwork for a violent insurgency during Joe Biden's presidency.

COLIN P. CLARKE, is a senior research fellow at The Soufan Center, where he studies terrorism, insurgency and political violence. This week, in an Los Angeles Times op-ed, he argued that "President Trump's post-election antics are dangerous." Clarke, who has studied every political insurgency between WWII and 2009 writes: "I firmly believe that the president of the United States is laying the groundwork for violence and disruption to unfold regularly over the next four years. As a national security researcher, I never imagined I'd write that sentence."

Clarke, who also teaches Carnegie Mellon University's Institute for Politics and Strategy (IPS) and is author of a number of books on international terrorism, joins us today to explain his concerns, the evidence for them and why he believes it's important for Americans to understand the very real threat posed to U.S. national security by Donald J. Trump.

"Beyond just embarrassing himself, his administration and his band of sycophants, he's endangering the country," Clarke tells me. "As a counter-terrorism analyst, I find it my duty to be a sober assessor, to err on the side of caution, not to think that the sky is falling at all times. But I genuinely believe that what the President is doing right now is actively and deliberately attempting to undermine the legitimacy of the elections, of our democracy, and of the incoming Biden Administration."

Amid what Clarke describes as a political "tinderbox" created in the U.S. over the past four years, he charges that "Trump has always thrived on instability. He doesn't care if it happens to be in his own country. I don't consider him a patriot. I don't think he has the best interests of the United States in mind, and I don't think he ever has."

Following last week's assassination of Iran's top nuclear scientist (as discussed on a BradCast earlier this week with former National Security Council member William Tobey), Clarke also offers his assessment of whether it is the Islamic Republic or Trump himself who poses a greater threat to national security as Biden begins his Presidency next month.

Finally, Desi Doyen joins us for our latest Green News Report as the U.N. issues another dire warning on humanity "waging war against nature,"; the world's formerly most profitable corporation, Exxon Mobil, sees its value quickly disappearing as the world continues to move away from disastrously climate changing fossil fuels; and New Zealand's government declares a climate emergency and vows to reach net-zero carbon neutrality by 2025.

P.S. If you're wondering about that pretty hilarious clip we opened today's show with from the Lincoln Project, the full uncensored version is posted here.

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Also: U.S. COVID infection, hospitalization, death numbers surge to heartbreaking records, wasn't a 'hoax' after all...
By Brad Friedman on 12/3/2020 7:49pm PT  

On today's BradCast: The Donald Trump Crazy Train keeps chugging along. And its getting crazier, and seemingly farther off the tracks with each passing hour as the outgoing President's days in the White House continue to diminish and his likelihood of facing criminal accountability grows nearer and nearer. One of the biggest remaining questions is how many of his supporters are still to get run over by that train.

Among the many stories we cover today...

  • Before we dive deep into The Crazy, some very grim milestones in the COVID crisis which, turns out, wasn't a hoax at all, as both Donald Trump and Senator Ted Cruz "guaranteed" us before the election. On Wednesday, there were more than 200,000 new cases, more than 100,000 hospitalizations and more than 2,777 deaths confirmed from COVID. All of them single day records, as the pandemic will continue to get far worse in coming months before it begins to get better. All thanks, in no small part, to idiots like Trump, Cruz and whole bunch of other Republicans who sadistically sacrificed their constituents' lives in dashed hopes of seeing Trump re-elected;
  • Following Attorney General Bill Barr's comments to AP earlier this week that, "to date," the Dept. of Justice has "not seen fraud on a scale that could have affected a different outcome in the election," Trump, as expected, reportedly blew a gasket. It resulted in a two and half hour meeting for Barr at the White House and Trump said to be considering whether he will now fire his second AG, despite his years of covering up and lying for the President and his unprecedented directive to dozens of Asst. U.S. Attorneys to investigate bogus claims of "massive fraud" before and after the election;
  • On Thursday, the rightwing Wisconsin Supreme Court rejected the Trump Campaign's latest attempt to toss out hundreds of thousands of votes in a state that Trump lost. Of note, as has been the case in every suit they've filed (by way of contrast to what they say publicly to the chumps and suckers who believe in them), Team Trump offered zero evidence of fraud in their complaint. Rather, they complained about absentee ballot procedures that have been in place since before the 2016 election, when Trump is said to have won the state, as well as during this year's primaries. Apparently they forgot to claim that WI's absentee voting laws were illegal in those past elections. The suit was rejected today, however, because the court ruled it needs to be filed in a lower state court first before it can be heard by the state Supremes. The Campaign also filed another federal case in the state on Wednesday. It does not argue their was fraud in this year's election either;
  • It's become so embarrassing that even top Trump sycophant Sen. Lindsey Graham is taking to Fox "News" to tell the Trump legal team that they need to provide proof of their fraud claims in court. "Doing a video is not proof," he said, shortly after Trump released a 46-minute video on Wednesday, falsely claiming (without evidence, naturally) that he actually won virtually every state in the union this year;
  • Lack of evidence of fraud, however, has not stopped the Rudy Giuliani Traveling Dog 'n' Pony Show. After making presentations to GOP state legislators in "hearings" held in rented hotel banquet rooms in Pennsylvania and Arizona this week, the Republicans of the gerrymandered Michigan state legislature opened an actual hearing room in the state capital to the Rudy Show. It did not go well. We share the testimony from Melissa Carone, of one of the "witnesses" that Rudy hauled up to the stand. It's something to behold;
  • Meanwhile, down in Georgia on Wednesday, a huge "Stop the Steal" rally at the Peach State capital, headed up by self-disgracing attorneys and Trump Crazy Train Conductors Sidney Powell and Lin Wood (who may actually be mentally ill), likely drove the what's left of the actual GOP crazy. Wood attacked the very Trumpy Republican Governor Brian Kemp, resulting in "Lock him up!" chants from the QAnon brain-poisoned crowd, before instructing the misinformed throngs that they should absolutely not vote for incumbent Republican Sens. Kelly Loeffler or David Perdue in the upcoming January 5th runoff elections that will determine partisan control of the U.S. Senate;
  • Finally, we close with some helpful words, believe it or not, from far-right, not insane Trump supporter Erick Erickson. In a Twitter thread this week, the former Editor-in-Chief of the rightwing RedState blog, finally seems to have had enough of the madness of GOP conspiracy theorists who now believe that Trump's own DOJ, FBI, CIA, Attorney General, and the Republican Governors of states like Georgia and Arizona, not to mention others, have all teamed up to steal the election for Joe Biden. "Maybe…and I know this might just blow your mind…but maybe what if you've been lied to the whole time. There is no conspiracy. There is no theft of the election," Erickson unloads, suggesting that "maybe, just maybe" the problem is Trump and supporters who can't understand that "ultimately it is really you who are the problem because you so willingly got played and even now want to be played because now you're emotionally invested in a cause and a candidate and to admit you were played and he lost and there was no deep state conspiracy or theft of the election would actually make you look bad. So it's better to double down on the lies and bullshit and blame everyone else."

Sounds about right. Thanks, Erick. You can stop blocking me on Twitter now.

Buckle up and/or pop a bucket of popcorn or two for today's BradCast...

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Guest: Former National Security Council member, William Tobey of Harvard's Belfer Center...
By Brad Friedman on 12/2/2020 7:58pm PT  

Everything and everybody seem to be on edge. It feels like we're near a breaking point. At home and abroad, as detailed throughout today's harrowing BradCast. [Audio link to full show is posted below summary.]

"It's all gone too far," Georgia's top voting systems chief made clear during powerful unscripted remarks at an emotional press conference on Tuesday night. "All of it!" Gabe Sterling's impassioned comments came after learning of new death threats against a young elections worker in his state. He is right to be infuriated. Things have now become damned dangerous thanks to our deranged President who seems to be turning more unhinged by the hour as his days in the White House wane.

We share an extended cut of the Republican Sterling's tirade today, as he called out both the Republican President and the state's two Republican Senators for failing to condemn the increasing hostility and threats against election officials in Georgia, as well those directed to its Republican Gov. Brian Kemp and Republican Sec. of State Brad Raffensperger. "Stop inspiring people to commit potential acts of violence," Sterling implored the President. "Someone's gonna get hurt. Someone's gonna get shot. Someone's gonna get killled...All of this is wrong!"

Both of Georgia's U.S. Senators, Kelly Loeffler and David Perdue, face tough election re-election runoffs against Rafeael Warnock and Jon Ossoff, respectively, on January 5. The contests will determine partisan control of the Senate. Both GOPers have decided to support Trump and his false claims about the state's election being stolen for Joe Biden with the aid, absurdly enough, of Kemp and Raffensperger. The President is currently scheduled to travel to the Peach State on Saturday to campaign with Loeffler and Perdue. We'll see if he makes it...and whether they both come to regret it.

It is, of course, insane that we find ourselves in support of Sterling, Raffensperger and Kemp, at least on these points. We have been vocally and justifiably critical of all three for a very long time on this program regarding the way they run elections in the state and undermine voter confidence in the bargain. But we'd never even consider the type of rhetoric that the President of the United States and his followers --- including Loeffler and Perdue --- are now using because Trump is too cowardly to concede that he lost and the two Senators are too cowardly to run without him.

None have any actual interest in cleaning up Georgia's elections. If they did, they'd have joined my weeks-old call to get the Dominion Voting Systems company out of the state entirely for the January elections by demanding hand-marked and hand-counted paper ballots for all during the runoff. None of them, of course, have done so.

Rather than take Sterling's concerns to heart, Trump doubled down on Twitter thereafter to falsely declare a "Rigged Election" and "massive voter fraud in Georgia," charging the very Trumpy Governor Kemp is "afraid" of "what we'll find". And then, as released by the White House just before airtime, Trump delivered even more dangerously incendiary and deluded remarks in a fact-free 46-minute pre-taped video rant, asserting that "our election system is now under coordinated assault and siege."

But this is what is happening. And if all of it sounds insane, you'll be shocked to learn that top Trumpers, like his recently pardoned former National Security Advisor Michael Flynn, are now literally calling for sedition by encouraging the President "to immediately declare a limited form of Martial Law and temporarily suspend the Constitution and civilian control of these federal elections for the sole purpose of having the military oversee a national re-vote."

Several weeks ago, I was uncertain about covering Trump's baseless claims of "massive fraud" in the election at all, back when he first began lying about all of this. Given where we are now, I'm glad we did. We all need to be informed about what is actually going on right now in this nation, no matter how twisted, and depressing, and damned dangerous it is now becoming.

But, for some "lighter" news today...We then turn to the recent assassination of Iran's top nuclear scientist, Mohsen Fakhrizadeh, and the latest fallout following both that, Trump's undermining and violation of the landmark Obama era Joint Comprehensive Plan of Action (JCPOA) agreement with Iran which had successfully blocked the Islamic Republican from the ability to create a nuclear weapon for at least ten years, and Trump's drone assassination earlier this year of Iran's revered General Qassam Soleimani. (Yes, that also took place in 2020!)

We're joined today for a great deal of insight on all of this --- as well as the history of targeting nuclear scientists, both in Iran in recent years and elsewhere since the dawn of the nuclear age, and whether the strategy actually works --- by someone who knows a great deal about all of it. WILLIAM TOBEY served on the White House National Security Council staff under three presidents, and as Deputy Administrator for Defense Nuclear Nonproliferation at the National Nuclear Security Administration from 2006-2009, where he managed the U.S. government's largest program to prevent nuclear proliferation and terrorism. He is now a senior fellow at the Harvard Kennedy School's Belfer Center for Science and International Affairs, and the Director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism.

Among the many related topics discussed with Tobey today: How difficult it may be for the incoming Biden Administration to strike a new deal with Iran after Trump pulled the U.S. out of the JCPOA and the assassinations of both Soleimani and Fakhrizadeh, as Iran now vows both revenge and an increase in nuclear production; Whether the JCPOA, which Tobey was critical of, made us safer and why "we are in a more dangerous position today than we were in 2018"; And, why nations like North Korea and Iran justifiably see the development of nuclear weapons as an existential issue.

And with all of those pretty heavy topics, listeners who make it all the way to the end of today's BradCast may be richly rewarded with the concession speech that we all should have heard long ago...

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Guest: Redistricting expert Dan Vicuña; Also: Why Krebs is almost right, but wrong, as Trump attorney says former CISA chief should be 'shot'...
By Brad Friedman on 12/1/2020 8:05pm PT  

Attorney General Bill Barr may now be in big trouble with Donald Trump at the DoJ. One of Trump's personal attorneys may be in big trouble with the D.C. Bar. And Trump's attempt to game the Census and Apportionment of Congressional seats for the next 10 years may be in big trouble at his stolen and packed U.S. Supreme Court. All of that big trouble and more on today's BradCast! [Audio link to show is posted below summary.]

First up, Attorney General Barr has undoubtedly infuriated his boss today by admitting to The Associated Press that "to date," the Justice Dept. has "not seen fraud on a scale that could have affected a different outcome in the election."

Uh, oh. The last senior Administration official who said something similar --- Chris Krebs, Trump's Director of the Cybersecurity and Infrastructure Security Agency (CISA), the new DHS agency that oversees elections infrastructure --- was fired just days later after his federal agency and others (along with several voting machine vendors, so take it with a grain of salt) announced that the 2020 election was "the most secure in American history."

Speaking of Krebs, he was interviewed by CBS' 60 Minutes on Sunday, where he stood by that assessment and chalked the success of the 2020 election up to "paper ballots."

"Paper ballots give you the ability to audit," he told CBS' Scott Pelley, "to go back and check the tape and make sure you got the count right. That's really one of the keys to success for a secure 2020 election. That gives you the ability to prove that there was no malicious algorithm or hacked software that adjusted the tally of the vote."

Well, he was so close. "Paper ballots" don't protect elections, HAND-MARKED paper ballots protect elections. And there is a big difference. Krebs goes on to cite, for example, Georgia's terrible new Dominion Voting Systems touchscreen computers that voters are forced to vote on at the polls, and the subsequent statewide hand-count of ballots to make his case. But Georgia's systems, as we've long reported in great detail, print out computer-marked paper ballot summaries which can never be known after an election to reflect the intent of any voter. As we explain yet again today, studies show that the vast majority of voters do not check their computer-printed summary, and that 93%(!) of them do not notice if the computer has changed one of their votes. We offer much more detail --- yet again --- on today's show.

But Krebs, a lifelong Republican who has been bravely outspoken in attempting to debunk false claims about fraud both before and after the election, is certainly a hero for his efforts. The fact that Joe diGenova, one of Donald Trump's personal lawyers, took to the air on Monday to call for Krebs to be murdered --- literally --- is a chilling sign of our times and should result in disbarment for Trump's latest Fox "News" TV attorney for hire. "Anybody who thinks this election went well like that idiot Krebs," diGenova said on a wingnut radio program yesterday, "that guy is a class A moron. He should be drawn and quartered, taken out at dawn and shot."

Krebs suggested to NBC News today that he is likely to take legal action. But you know who else "thinks this election went well," apparently? Bill Barr! We'll see if diGenova calls for him to be executed now as well, or which of the two Trump lackeys will be fired by Trump first.

Next up, we're joined by DAN VICUÑA, National Redistricting Manager at Common Cause, one of the good-government immigration advocacy groups that sued the Trump Administration after a Presidential Memorandum from Trump last year directed U.S. Census apportionment data to leave out "illegal aliens" despite the Constitution's mandate to include the "whole number of persons in each State" for purposes of determining how many U.S. Congressmembers each state shall have for ten years following each decennial Census.

Four different lower courts largely agreed with the plaintiffs challenging Trump's decree --- which would increase political power for rural, white, Republican-leaning districts and take it away from more urban, Democratic-leaning, minority heavy jurisdictions --- finding it to be illegal and/or unconstitutional. On Monday, Trump's stolen and packed U.S. Supreme Court heard oral argument in the matter, and Vicuña reports today on how things went. In short, it appears to have not gone well for the Administration, even with three Trump-appointed Justices now packed onto the bench.

Vicuña, notes that "citizenship status has never been used as a determining factor in whether a person will be counted." He also explains the dangers of Trump's unprecedented decree and how his attempt to bastardize the "plain language" of the U.S. Constitution and "two centuries of precedent" to instead use only "voter-eligible" citizens in counts to determine apportionment in the U.S. House, endangers not only the immigrant population, but everyone else in America, even in so-called "red" states.

"The Administration's lawyers are dancing a strange dance," he tells me while describing Monday's hearing. "The President's memo very clearly states what the President wants, which is to exclude every undocumented person living in the United States --- undocumented people who contribute billions to the economy, who pay taxes on things that they may never see [like] Social Security. The President's attorneys are going into court and saying, 'Well, we're only going to do this within the strictures of what's allowable by law, so for that reason, you shouldn't even rule on this case now. There's no need to address the plaintiffs' challenge, because we don't exactly know how we're going to implement the President's goals' --- even though the President states them clearly --- 'so you should punt.'"

Whether the Court will go along with the Administration on this, and how the incoming Biden Administration may make all of this moot anyway, is all discussed on today's program.

Finally, we're joined by Desi Doyen with our latest Green News Report, in which the Trump Administration actually does something that is not only NOT horrible, but very very good for folks in Alaska who have been challenging the creation of the controversial Pebble Mine for more than a decade. Other than that, however, the final days of Trump's environmental smash and grab continue apace...

Download MP3 or listen to complete show online below...

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Guest: Const'l attorney John Bonifaz of Free Speech for People on Trump's failed election coup and the need for accountablity from the new Administration; Also: Biden victories certified in PA, NV; A few overdue corrections; And several things we're thankful for before the holiday...
By Brad Friedman on 11/24/2020 7:47pm PT  

On today's BradCast, we see some light at the end of America's dark tunnel. [Audio link to full show follows below.]

On Tuesday, the swing-states of both Pennsylvania and Nevada certified Joe Biden's victory over Donald Trump, joining Michigan from Monday. In Arizona, which certifies next week, its very Trumpy Republican Governor Doug Ducey conceded that "Joe Biden did win". And, despite Trump's repeated lie that the stock market would crash if Biden was elected, it continued to soar today, with the Dow closing above 30,000 for the first time. Trump stayed largely inside his White House bunker while continuing to falsely tweet that he won the election, though he did come out long enough to "pardon" a couple of turkeys. He's probably warming up for what is to come during the last desperate days of his failed Presidency.

We're joined today to discuss all of that and much more by Constitutional attorney and election law expert JOHN BONIFAZ, co-founder and President of the nonpartisan, non-profit good government group Free Speech for People (FSFP). His organization won several important victories in key voting rights cases prior to the election. One of them helped extend Arizona's registration deadline during the pandemic, allowing for 35,000 new registrations in the state that Democrats now appear to have won, for the first time in decades, by about 10,000 votes.

Our conversation today focuses largely on accountability, and the need for the President-elect to assure the criminal Administration of the previous four years does not escape it, as the Obama Administration allowed the George W. Bush Administration to do in their ill-considered effort to "look forward not back". Biden has reportedly been uttering similar thoughts of late. Bonifaz argues that would be a fatal mistake. "You can draw a straight line from the decision that President Obama made to only look forward, not to look back at the war crimes, the torture that had taken place during the Bush Administration --- you can draw a straight line from that decision, that strategic error, to the rise of Donald Trump. And I do think that we cannot make that mistake again," he tells me.

Among the areas of accountability that await the outgoing President, as Bonifaz sees it and hopes to ensure with FSFP: Crimes that were not included in Trump's impeachment for attempted extortion of the Ukrainian President (Bonifaz co-wrote a book on those crimes); obstruction of justice and other crimes touched on by Special Counsel Robert Mueller that remain unpunished; horrors carried out by the current administration at our nation's borders, including the "kidnapping" of children; the ongoing attempted coup to overthrow the results of the 2020 election; and even crimes against humanity for Trump's unforgivable failure to help avoid the unnecessary deaths of more than a quarter of a million Americans (to date) thanks to his criminal lies about the COVID pandemic --- just to name a few.

"What we've been left with now, since the election is perhaps the worst abuse of power of them all," explains Bonifaz, who is also founder of the National Voting Rights Institute. "His effort to subvert the Constitution, to disenfranchise millions of voters based on this falsehood that mail-in voting has been fraudulent, and to effectively overturn the Presidential election results, and engage in an attempted coup. All of that is not only an abuse of power, but it's a broad criminal conspiracy for which this President should be held accountable once he is out of office."

We also discuss whether Trump has the Constitutional power to pardon himself for any of those crimes before leaving office, and whether the Republican claims at having newfound concerns about election integrity (based in no small part on years of my own investigative reports, though bastardized by the cretinous lawyers currently representing Trump in his attempt to reverse his reelection loss by both hook and crook), might result in a new reason for hope for the real, decades-old Election Integrity movement. Longtime advocates like Bonifaz and myself have fought for years in that movement against the privatization of our elections by corporate voting system vendors and their proprietary computer voting and tabulation systems. Perhaps after the partisan opportunists have peeled off from the GOP's current false claims about "Dominion!" and "Smartmatic!" and "Hugo Chavez!", we'll find new legitimate allies from the Right.

"We have to reach for the gold standard of election integrity, which are hand-marked paper ballots for all of our jurisdictions across the country, with assistive devices for those who need it," Bonifaz tells me. "But we cannot have the private voting systems industry be in charge of counting our votes, because it leads to this distrust. It leads to this lack of verifiability. The reality here is that because so many people voted by mail this year, we actually had an ability to verify the election even more so than previous cycle. Hand-marked paper ballots are the gold standard."

Also today: A few overdue corrections before the holiday and several things that I am exceedingly grateful for, even in these dark days. And Desi Doyen joins us for our last Green News Report before Thanksgiving, which includes several items to be thankful for as well...for a happy change...

Download MP3 or listen to complete show online below...

P.S. Guest-host Nicole Sandler is in for us tomorrow! We'll see you next week after the holiday! Please stay safe and HEALTHY!

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MI certifies Biden win; Conservative judge tosses Team Trump's PA suit; GSA begins transition, Trump's vows to 'prevail'; 'Dominion/Venezuela' conspiracy lawyer tossed under bus after attacking GA Repubs...
By Brad Friedman on 11/23/2020 7:41pm PT  

It's been a weekend and more of The Crazy since we last spoke. On today's BradCast we get you all up to date on the last several days of The Crazy as Donald Trump's attempted coup to steal back the Presidency continues to fall apart with each passing hour, and as the Republican Party decides to distance themselves from Trump's loony conspiracy attorney Sidney Powell while she turns the MAGA crowd against her own party before the critical January U.S. Senate runoffs in Georgia to determine control of the upper chamber of Congress. [Audio link to full show follows summary.]

The biggest news today broke mid-show, as Trump finally relented in allowing the General Services Administration to officially begin the transition to a Joe Biden Administration, even as he vowed he would "prevail" in his fight to overturn the will of the American voters and says his "case STRONGLY continues."

Well, about that case. It may be continuing, but it has never been anywhere close to strong. Among the related stories covered on today's show that prove it, before we turn to the phone for listener calls on all of this...

  • First, a follow-up to Friday's show in which we debunked the insane case that Powell, Giuliani and now all of MAGA are making regarding an international conspiracy --- somehow led by the Dominion Voting System company, along with the late Hugo Chavez in Venezuela --- to steal the election for Biden. The conspiracy originates with the bastardization of an exclusive investigative report I published at The BRAD BLOG in 2010. Powell et al aren't even close in their twisted version of the story that now includes all sorts of false charges about voting machine companies and more. The bottom line, as we noted on Friday, but which warrants underscoring again today, because I've been trying to make the case for so long and now we're seeing what I warned about finally come to pass...
  1. Simply because a computerized voting and tabulation system is vulnerable to fraud and manipulation does not mean that any particular election run on it has been defrauded or manipulated, and;
  2. Even if an election is 100% secure and accurate, if it can't be known by the public to have been 100% secure and accurate, it is every bit as much of a threat to confidence in our democratic system as it would be if the election had actually been stolen on such a system.
  • Other than that...Catching us all up from Friday....Trump loses another lawsuit in Nevada as a state judge rejects an attempt to block certification of Biden's victory, by more than 33,000 votes, in the state.
  • Trump loses in Arizona as a state judge rejects a move for yet another audit of votes in Maricopa County (Phoenix), and the County's Board of Supervisors (4 Rs, 1 D) unanimously voted on Friday to certify Biden's victory in the state's largest county. Also, the final "SharpieGate" lawsuit was dismissed with prejudice in the state where Biden appears to have won by more than 10,000 votes.
  • In Wisconsin, Team Trump is said to be obstructing the ongoing recounts requested by Trump in the two counties with the largest minority vote, Milwaukee and Dane, after apparently losing the state to Biden by more than 20,000 votes.
  • Trump lost bigly in Michigan on Monday, where the state Board of Canvassers voted unanimously (with one abstention) to certify Biden's victory by nearly 160,000 votes. That, after Trump's attempt to twist the arms of the GOP leadership of the state's gerrymandered House and Senate on Friday appears to have gone nowhere. (But we'll soon find out for sure.)
  • In Pennsylvania, Trump lost his attempt to toss out nearly seven million ballots and was excoriated by a conservative federal judge on Saturday for attempting to do so in the nation's sixth largest state where Biden appears to have prevailed by more than 80,000 votes. The brutal court loss led Republican U.S. Senator Pat Toomey to become just the second GOP Senator to concede (where Trump won't) by declaring [PDF] that "Trump has exhausted all plausible legal options to challenge the result of the presidential race" in the state. Trump's team of pathetic lawyers have since filed an emergency appeal to the 3rd Circuit, but failed to deliver their motion before the Court's deadline for doing so. This is the (likely doomed) case Trump hopes may reach SCOTUS where he believes he can win after packing the stolen GOP majority on the Court in his favor. He'd have to win a verdict there that somehow allowed legislatures in at least three states to reverse the will of their voters to appoint Trump electors instead of Biden's by December 8th.
  • Down in Georgia, where Trump lost by about 13,000 votes following a statewide hand "audit" of all ballots last week, the Trumpy Republican Sec. of State Brad Raffensperger and even Trumpier Republican Governor Brian Kemp both certified Biden's victory on Friday. Over the weekend, MAGA "Stop the Steal" rallies in the state included verbal attacks on both Kemp and Raffensperger, along with vows to destroy the GOP and promises to boycott the critical January U.S. Senate runoffs in the state. We wish them nothing but luck in their endeavor! That came as Powell was taking to far-far right wingnut Newsmax TV over the weekend to allege that Raffensperger and Kemp were paid off by Dominion to steal the election for the Democrats' Presidential candidate. She offered no evidence for her claims. After years of critically reporting on both Kemp and Raffensperger --- including his ill-advised decision to spend $100+ million on Dominion's 100% unverifiable touchscreen voting systems this year --- we are unaware of any such evidence to support her claims. But we wish her nothing but luck in her endeavor to prove it! For now, the thanks she received was being tossed under the bus by Trump late on Sunday night.
  • There was a whole lot more along the way today, but you'll have tune it for it all, along with some great calls we responded to near the end of the show today, as The Crazy continues to continue...

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What they get right (hardly anything) and wrong (almost all of it)
Also: GW Univ. Law Prof. Randall D. Eliason on pressure brought against high profile legal firms representing Trump's phony 'voter fraud' claims...
By Brad Friedman on 11/20/2020 7:46pm PT  

Join us on today's BradCast for a deep dive down into the twisted rabbit hole of Team Trump's recently manufactured claims that Canadian election vendor Dominion Voting Systems and its Venezuelan-tied competitor Smartmatic secretly joined forces as part of an enormous international conspiracy (also involving the late Hugo Chavez) to steal the 2020 election from Donald Trump on behalf of Joe Biden and the Democrats. We happen to know a bit about these claims, as they are directly based on one (or more) of my own exclusive investigate reports from a decade ago. [Audio link to show is posted below summary.]

As it turns out, The BRAD BLOG is actually responsible for the original kernel of truth that has become the pretend conspiracy now being used as the basis for Trump's attempt to reverse the results of the 2020 election. These are the claims now being shared by Trump's attorneys Rudy Giuliani and Sidney Powell, not to mention by Trump himself.

The initial story is based on a deeply reported, well-evidenced and independently verifiable 2010 investigative exclusive of mine (also republished by HuffPo) that Republicans, over the past week or so, have been citing as the basis for their so-far evidence-free claims that Democrats teamed up with Dominion, Smartmatic --- and also China and Cuba somehow --- to commit "nationwide voter fraud" via computers (computers don't commit voter fraud, voters do) to flip the results of the election. They claim this proves that Donald Trump actually won the election in a landslide --- though, as even Tucker Carlson of Fox "News" found out, they have no actual evidence to back any of it up.

We share their actual claims, the original basis for them (which they have absurdly bastardized to the point that it is barely recognizable) and how others in the party, like Arizona State GOP Chairwoman Kelli Ward, have run with the ball to misrepresent facts and manufacture claims in her scary scary new video titled "DOMINION EXPOSED! This Video Should Terrify Every Single American".

We explain what all of these folks got right (almost nothing) and wrong (pretty much all of it...though Chavez is tied in to the story --- or was before he died seven years ago), and what the top two real takeaways should be for both parties and all American voters now that the GOP has finally decided to become concerned --- or, at least, pretend to be --- about the dangers of electronic voting and tabulation systems:

  1. Simply because a computerized voting and tabulation system is vulnerable to fraud and manipulation does not mean that any particular election run on it has been defrauded or manipulated, and;
  2. Even if an election is 100% secure and accurate, if it can't be known by the public to have been 100% secure and accurate, it is every bit as much of a threat to confidence in our democratic system as it would be if the election had actually been stolen on such a system.

The past few days should give you plenty of evidence for that, at least!

There are too many details beyond that to include in a summary, so I hope you'll just buckle up and tune in for the full rollicking story today on this one!

But, one other point worth noting here. While we've been reporting on all of these facts --- with independently verifiable evidence --- for nearly two decades now, it is for the above reasons that we have been inviting Republicans of late to put their money where there mouths are. If they are actually concerned about easily manipulated elections by Dominion (or any other computer vote system vendor), then join us in demanding the use of only hand-marked paper ballots for Georgia's upcoming critical U.S. Senate runoffs in January (which will determine partisan control of the U.S. Senate). Those ballots should then be publicly hand-counted on Election Night. It's just two races with two candidates each, so it's very easy to count publicly in a single night, and it would result in Dominion being tossed out of elections entirely in the state of Georgia! How about it Repubs? You in? I'll even drive out to Phoenix to make a new video about it with Kelli Ward if she joins the call. Why wouldn't she?

Then, we're joined today by George Washington University Law School professor and Washington Post contributor RANDALL D. ELIASON, for his explanation as to why he believes it is appropriate to bring public pressure against high-profile law firms representing Trump in his evidence-free "voter fraud" cases, but not against attorneys and firms who choose to represent other despicable individuals like terrorists, child molesters and the KKK. That, after top national law firms recently withdrew from Trump's fraudulent "fraud" cases following public opprobrium encouraged by the anti-Trump Republicans of the Lincoln Project. (Also, here's that recent piece I mentioned from Eliason on Trump's upcoming PardonPalooza!)

Also today: The latest news from Georgia, Wisconsin and Michigan in Trump's attempted coup; the one Republican Senator who is finally calling it out; and the news that Florida's Republican Senator Rick Scott and Donald Trump Jr., have now both tested positive for the coronavirus...

Download MP3 or listen to complete show online below...

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Guest: Jeanne Dufort of Coalition for Good Governance; Also: Team Trump targets black cities with phony fraud claims; Giuliani charges 'Bush v. Gore' violations in hilarious court hearing in PA, day before campaign contradicts 'Bush v. Gore' with cherry-picked partial WI recount request...
By Brad Friedman on 11/18/2020 7:49pm PT  

On today's BradCast: We wouldn't blame you if you felt like averting your eyes from the desperate, usually-sad, often-hilarious, chaotic and so far failed attempts by the incompetent Team Trump to somehow try and steal the 2020 election any way they can. Yes, that's still going on. It's our job, however, to keep our eyes on it, and so we do again today, as things continue to fall apart in all new ways with each passing hour for Donald and what's left of his legal team. [Audio link to show follows summary below.]

Today, we cover the ongoing chaos the Trump Campaign is attempting to wreak in at least four different states. So far, only in Georgia has an election official who has buckled to pressure from Trump and fellow Republicans. Of course, he's a Republican himself and is doing a lousy job of it. But, in almost every case, the strategy --- such that there is one --- now seems to be to target the votes of African-Americans to be tossed out.

In Wisconsin today, the Trump Campaign plunked down $3 million to pay for a partial recount in the state. A full count would have cost the cash-strapped campaign $7.9 million. They have asked for counts only in heavily African-American Milwaukee County and Dane County, in a state where Joe Biden currently leads Trump by about 20,000 votes. In requesting the partial count they are doing what Republicans were outraged by in Florida in 2000 in the Bush v. Gore case, when Gore sought recounts only a few counties. The GOP, at the time, succeeded in forcing a statewide recount instead, which they were able to convince the U.S. Supreme court to block entirely. (Extra fun and irony today for those who noticed that Eric Trump complained in 2016 about the Presidential recount that year in the same state because the cost "Could Have Saved at Least 5,000 Children's Lives." He also falsely claimed that Hillary Clinton had anything to do with that recount. In fact, it was sought and paid for by the Green Party's Jill Stein for less money than the Trump Campaign sent to the Badger State today.)

In Pennsylvania, where Biden appears to have won by almost 82,000 votes, Rudy Giuliani made an absolutely hysterical jackass of himself during a federal court hearing on Tuesday. He hasn't argued a case in federal court for 30 years, and boy did it show! Just part of the fun included his opening argument in which he declared the case was about "widespread nationwide voter fraud!," before later admitting under questioning from the U.S. District Court Judge during the same hearing that "this is not a fraud case." That was hardly the only way in which he beclowned himself, especially as he focused on leveling baseless claims against the voting in heavily-minority Philadelphia. But it should also be noted that he declared his evidence-free case "a classic violation of equal protection....This is exactly Bush v. Gore!" That's fun, considering his campaign then violated a basic tenet of that 2000 case with their request for a cherry-picked partial recount in WI today.)

In Michigan on Tuesday night, the two Republicans on the Board of Canvassers in Wayne County refused to certify the November 3rd results due to claims of irregularities in the county's largest city, Detroit. (Seeing a pattern here yet?) The irregularities in question, apparently, regard small inconsistencies between the number of ballots cast and the number of voters signed into the pollbooks in a number of precincts in the county, in a state where Biden appears to have won by almost 160,000 votes. Despite a higher number of inconsistencies during primaries in the County earlier this year --- and a larger percentage of inconsistencies in majority white cities in the same County --- the Republicans on the Board certified the spring primaries without a problem. Their refusal to certify the general election deadlocked the Board at 2 to 2 and prevented certification for a few hours on Tuesday night. Brutal public comments at the Board's hearing and agreement to ask the Democratic Sec. of State for an audit of Wayne County's discrepancies, resulted in certification after all, by a unanimous 4 to 0 vote in a new vote by the Board held just three hours later.

But much of today's show is focused, however, on the absurd clown show that has been underway in Georgia for the past week, where the Republican Sec. of State, Brad Raffensperger, buckled to pressure last week from Trump and fellow Republicans who hold him responsible for the fact that Trump appears to have lost there by about 13,000 votes.

Last week, when Raffensperger announced an unprecedented statewide "audit, recount and a recanvass all at once," we explained on the program how that's not actually possible or even legal. This week, Raffensperger quietly admitted as much, sending out a letter to County Elections Officials [PDF] to notify them that "after evaluating the audit procedures...the original results...tabulated on and after election day, and certified by the county election superintendent, should be the results that your county certifies as the November 2, 2020 General Election Totals."

In short, the so-called "Risk-Limiting Audit" of 100% of the ballots cast in GA's Presidential race was not a "hand recount" as many media outlets have been misreporting it, but a largely meaningless exercise meant to try and appease our cry baby President, as my guest today, JEANNE DUFORT of the Coalition for Good Governance, describes it. Dufort has been on the ground in the state where she has also been a voter plaintiff in some of the Coalition's lawsuits. They are plaintiffs in a long-running federal case seeking to ban the state's use of new, unverifiable touchscreen voting systems made Dominion Voting Systems. (The same lawsuit succeeded in obtaining an order from the federal judge that banned the state's previous, 20-year old, unverifiable touchscreen systems made by Diebold. Despite recommendations from cybersecurity advocates and voting systems experts, Raffensperger chose to move to the new $100+ million touchscreens that are similarly unverifiable.)

Over the past 48 hours, two Republican-leaning counties discovered about 2,700 votes each that had gone either unscanned or unreported to the state previously. Those would have been discovered in the normal course of regular post-election canvassing, and netted about 1,000 votes for Trump overall. That will decrease Biden's final state certified margin from about 14,000 votes to about 13,000 votes. He will still be declared the official winner. After state certification on Friday, Team Trump will then have an opportunity to seek an official "recount" (as opposed to Raffensperger's pretend one) in which, by state law, the ballots will scanned again by the same computers that scanned them the first time. So that is also unlikely to change the final results.

Dufort explains today what she was able to observe over the past week during Raffensperger's "audit"/"recount"/"recanvass" which amounts to little more than Election Integrity Kabuki Theater. But, she tells us, there were still a few lessons to be learned from it all, as elections officials, poll workers and count observers who have been working for weeks amid a deadly pandemic, will now have to prepare very quickly for the two January 5 U.S. Senate runoffs in GA that will determine which party controls the Senate next year. Early voting begins on December 14th, not long after some municipal elections are also held in some counties on December 1st. All while carrying out another "recount" which Trump will almost certainly request after Friday's state certification. After all, there were a lot of --- you-know-whos --- that cast ballots against Trump in the city of Atlanta. That can't stand, right?

"The big thing is this is theater," says Dufort, speaking for herself, not the Coalition. "We've been calling for this [unverifiable Dominion Voting] equipment to be banned in the same way our lawsuit got the last Georgia system banned. So we are not fans of this equipment. But it's really ironic to see the same legislators who forced this $100 million purchase on the state to now be saying, 'Hey let's return it to the vendor! Let's get rid of it! It's a terrible system!', because they didn't get enough for their money. They didn't get a President for their money, and it's not clear they're going to get two Senators for their money. So it's kind of a funny time in Georgia."

Finally, we close with some listener mail that may hit the nail on the head: Trump isn't trying to getto 270 electoral votes. He's trying to take enough votes away from Biden so that he gets less than the required 270, so the election must be thrown to the House where the Constitution allows for minority (Republican) rule to win the day. With Rudy Giuliani now leading Team Trump's efforts, how could the plan fail?!

Download MP3 or listen to complete show online below...

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Also: 87-year old Grassley tests positive for COVID; Graham reportedly attempts unlawful interference in GA's vote count...
By Brad Friedman on 11/17/2020 7:59pm PT  

On today's BradCast, we open with the breaking news about the longest serving Senator in Congress. 87-year old Republican Sen. Chuck Grassley from Iowa has tested positive for the coronavirus. We wish him well, as the COVID crisis explodes across the nation because Grassley's party and President failed to even try to combat the deadly pandemic that has, so far, killed almost a quarter of a million Americans, and may kill as many more by the time Donald Trump mercifully leaves office in January. The rest of today's show is moderately less infuriating. [Audio link to show follows below.]

We start off today with good news/bad news stories regarding both the incoming President-elect and the definitely, whether he's man enough to say it out loud, soon-to-be-former outgoing President. Unfortunately with 64 more days until he's out, by law, the increasingly unstable Trump still has his finger on the nuclear button. The bad news is, as the New York Times reports, he is attempting to launch an attack on Iran his final days. The predicate is a recent report from the the International Atomic Energy Association (IAEA) finding that --- thanks to Trump reneging on the hard-fought, successful 6-party deal struck under President Obama that prevented Iran from being able to build a nuclear weapon --- the nation is once again rebuilding its nuclear stockpile. The good news is that there are apparently just enough not-insane top officials left in the White House and Pentagon that they were reportedly able to talk our deranged President out of sparking WWIII on his way out the door. For now.

The good news/bad news regarding President-elect Joe Biden is that, according to sources who spoke with NBC News, he is disinclined to seek accountability for the many crimes committed by Trump and his administration over the past four years. Yes, it's an echo of Obama's failed "look forward, not back" policy regarding George W. Bush Administration crimes after the Democrat took back the White House in 2008. As we've long argued, that lack of accountability paved the way for the rise of Donald Trump and other GOP miscreants. The good news (good-ish, anyway), is that Biden also says, according to advisers, that he hopes to restore the important separation between the White House and the Department of Justice upon taking office. That means that prosecutors will be free to follow the law and investigate and prosecute as they see fit. Much of this, therefore, rests upon whoever Biden names as Attorney General, though none of this will protect Trump from criminal accountability at the state level, especially in New York.

Then, it's back to Election 2020 Crazy Land, where...

  • Trump must decide by Wednesday if he's gonna cough up $7.9 million dollars for an almost certainly futile "recount" in Wisconsin;
  • Trump crony Sen. Lindsey Graham appears to have tried to convince Georgia's Republican Secretary of State to toss out lawfully cast ballots in the state, according to the woeful and embattled Sec. of State Brad Raffensperger. That could amount to any number of both state and federal crimes committed by the man who heads the Senate Judiciary Committee, as we explain;
  • Amid Raffensperger's ongoing quasi-audit, quasi-recount, quasi-recanvass in Georgia --- an otherwise wholly-meaningless and extra-legal exercise invented by Raffensperger to try to kiss up to Trump and the other Republicans who are being mean to him because Trump lost Georgia --- nearly 2,600 untallied ballots were discovered in GOP-leaning Floyd County. With those ballots added to the current totals, Trump will pick up some 778 votes on his approximately 14,000 vote deficit against Biden in the Peach State;
  • In Pennsylvania, the crazy is almost too much to keep up with today. On Sunday, Team Trump revised its baseless federal lawsuit by removing a demand to toss some 680,000 ballots. That leaves only a complaint regarding Democratic-leaning counties which lawfully allowed voters who cast mail-in ballots that were deficient in some way (missing a signature or the secrecy ballot) to come in and "cure" the deficiency before Election Day. Republican-leaning counties, for unknown reasons, didn't bother. Either way, there are reportedly nowhere near enough such ballots to overcome Trump's current deficit of more than 73,000 votes.

    But the amusing part is that almost the entire legal team representing the Trump Campaign in the Keystone State withdrew from the case entirely by Monday, leaving one poor GOP schmo with a rightwing radio show representing Trump as his attorney on the case. (Just days after Election Day, the same schmo also told his listeners on air that "no bombshells are about to drop that will derail a Biden presidency," that "litigation will not work" and "will not reverse this election.")

    After a federal judge denied the schmo an extension for Tuesday's emergency hearing, so he could bone up on the case, Trump sent Rudy Giuliani to rescue him, even though Rudy hasn't appeared as an attorney in a courtroom since 1992. We had no news from today's hearing by airtime, but we have since heard it did not go well.

    But just before airtime, we did get word out of the PA Supreme Court on a separate case, in which Team Trump lost yet again. This time, on their counter-factual claims that Republican observers were not allowed to properly oversee counting in Philadelphia. The state Justices found that they were allowed, as per state law, and that the claim was false. That brings Trump's losses to date in his election related challenges to something like 25 out of 26 cases nationally. But don't worry! He's totally gonna "win" this thing any day now!

  • Finally, Desi Doyen joins us for our latest Green News Report as Hurricane Iota slams Nicaragua (the record-smashing 30th Atlantic storm of the season, and the most powerful to date in 2020); the Trump Administration rushes to sell off drilling rights in the previously-pristine Alaska National Wildlife Refuge; and President-elect Biden meets with business and labor leaders to begin moving forward again on both the economy and climate...

Download MP3 or listen to complete show online below...

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