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Latest Featured Reports | Monday, September 21, 2020
Sunday 'Rest in Notorious Peace' Toons
So many cries for Justice in PDiddie's latest collection of the week's best political toons...
'RECOUNTED' with Nils Gilman, Mark Joseph Stern: 'BradCast' 9/18/20
On potential disruption, Constitutional crisis after 2020 election; And the long-overdue end of a racist voter suppression law in NC...
Federal Court Blocks 'Politically Motivated' USPS Changes, Orders Sorting Machines Reinstalled
Judge charges Postmaster General mandates undermined integrity of 2020 election...
More Wins in the War Against the War On Voting in PA, OH, SC & USPS: 'BradCast' 9/17/20
Also: Trump FBI Dir. confirms 2020 Russian interference; Former top Pence staffer plans to vote for Biden; Much more you need to hear...
'Green News Report' 9/17/20
  w/ Brad & Desi
Sally slams AL, FL, GA with record rain, floods; Fires in West behind mass bird die-off; Trump names climate denier to NOAA; PLUS: 175-yr old science issues first-ever endorsement...
Previous GNRs: 9/15/20 - 9/10/20 - Archives...
GA's 'Experts' Flounder in Court Defending State's New Unverifiable Touchscreen Vote Systems: 'BradCast' 9/16/20
Guest: Plaintiff Marilyn Marks; Also: Sally soaks AL, FL; Results of 2020's final primary in DE...
Mostly Good News in Battle-ground Ballot Battles in WI, OH, NV: 'BradCast' 9/15/20
Also: 175-yr old science mag's first-ever endorsement; Broadcast news outlets failing to inform electorate about worsening climate crisis...
'Green News Report' 9/15/20
Hurricane Sally approaches, with more storms on the way; Deadly West Coast fires break more records; PLUS: Biden blasts 'climate arsonist' Trump and urges swift action...
Fires and Liars and Modems, Oh My!: 'BradCast' 9/14/20
Guest: Jenny Cohn on 2020 hacking fears; Also: Climate-fueled fires breaking records; More storms on way; Trump says climate change, like COVID, to just go away...
Sunday 'Can't Trust the Media' Toons
But you CAN trust PDiddie to post the best of the past week's political toons in his latest collection...
Woodward Goes Wayward in 'Biggest Scandal in Modern Journalism': 'BradCast' 9/10
Guest: Journalist David Sirota; Also: Whistleblower, new report reveal U.S. Intel fully upside-down under Trump...
'Green News Report' 9/10/20
'Unprecedented' wildfires explode across Western U.S., man-made climate change is to blame; PLUS: Trolling for Florida votes, Trump flip-flops on offshore drilling ban...
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: Eddie Perez of OSET Institute; Also: Trump's coronavirus Death March continues; SCOTUS allows religious groups to discriminate...
By Brad Friedman on 7/8/2020 6:14pm PT  

On today's BradCast: Things are going to get far worse before they finally get better. In this case, "worse" means far more deadly and "better" means an election this fall that somewhat accurately reflects the intent of the electorate. Donald Trump has now get the killing Americans part down, but he and his fixer/Attorney General are still feeling their way around how best to undermine the election. [Audio link to show follows below.]

Just weeks ago, in late May, the Trump Death Cultists on Fox "News" and those entrusted to govern states like Florida, were railing against media, demanding apologies by those who warned that opening up for business prematurely amid a deadly viral pandemic was a terrible idea. Republican Governors like Florida's Ron DeSantis and hackish clowns like Sean Hannity of Fox "News" aren't asking for apologies anymore, it seems, as at least 56 Florida hospital ICUs across the state have now hit capacity, with dozens more nearly full as well. Florida is just one such GOP-led state whose political decisions in advance of the November election have had deadly consequences as 31 states are now seeing infections and hospitalizations rise.

The conservative projected death estimates put out by the infectious disease modelers at University of Washington's Institute for Health Metrics and Evaluation (IHME) have once again been revised in the bargain. IHME now forecasts more than 208,000 deaths in the U.S. from COVID-19 by November 1, while noting that some 45,000 lives could be saved over that same period if we all simply wore masks in public. Other experts believe the mortality number could be as high as 500,000 by the end of this year.

So, again, we ask: At what point does it become a CRIMINAL act when DeSantis and Donald Trump and Vice President Pence command schoolchildren, amid this out-of-control surging pandemic, back to in-person classes next month, under thread of financial penalty, and in defiance of CDC guidelines? At least the CDC guidelines based on science and health data, versus Pence's newly promised revised CDC guidelines that the Administration ordered to be cooked up after Trump found the real ones to be too "tough" and "expensive". When do these people become liable for criminal deadly negligence or even mass murder?

This scheming is nothing short of sick and twisted. We will soon look back on these days with ghastly horror at what they have done in short-sighted and ill-considered hopes of winning re-election this November.

Speaking of which, while Trump and his corrupt A.G. Bill Barr have been out lying about absentee voting amid the pandemic, it seems Republican strategists and candidates are becoming quite concerned that their voters may be actually be listening to them. Many GOP voters new believe that vote-by-mail ballots are all fraudulent, which could end up costing the GOP dearly this year.

At the same time, folks like EDDIE PEREZ, Global Director of Technology and Standards at the OSET (Open Source Election Technology) Institute, has been doing his level best to debunk many of the lies about mail-in voting being infectiously spread by Trump and his Attorney General who, for example, recently declared that "a foreign country could print up tens of thousands of counterfeit ballots" and use them to undermine our elections somehow. Perez explains (and here's a shorter Twitter version of his explanation) why such claims are largely nonsense, even if there are, in fact, some concerns about fraud in absentee voting --- just not the ones that Trump and Barr are mostly trumpeting.

As no fan of absentee voting myself --- other than in cases where voters literally cannot vote at the polls on Election Day, or are forced to use 100% unverifiable electronic voting systems at the polling place, or when we find ourselves in the middle of an out-of-control deadly global pandemic --- I've got a few pointed questions for Perez on the reality of absentee ballot fraud.

Among the issues he speaks to: Whether ballots can really be counterfeited (by foreign or domestic actors alike); What security measures are in place to prevent someone from casting a ballot in someone else's name?; Should voters have confidence in signature matching by election officials who are not hand-writing experts? And more. "If nothing else," Perez tells me, "the country needs to realize --- and particularly election officials and Get Out The Vote organizations --- there are really, really good reasons to protect public health to make by-mail voting available to people, as one of several options. That's really critical. For November, you've got to have a balance. We need to pay attention to educating voters about what it's going to take to ensure that their ballot is accepted and counted."

Also, as Perez, before joining the non-profit OSET Institute, was a 15 year veteran of Hart-Intercivic, one of the nation's three major private voting system vendors (about whom we've reported a great deal of less than flattering things over the years), we take a few minutes today to discuss why private, for-profit vendors are ill-equipped to meet the critical needs of transparent, overseeable elections in support of American democracy. "I'll say that the one thing we can agree on," Perez notes, "is transparency in the voting process is what helps to build trust with the public. Transparency is what is going to produce confidence. And that's what we need in our democracy."

I didn't have the heart or time to respond that "trust" has nothing to do with Americans elections. But, other than that, on the need for transparent oversight to build confidence among the electorate, he is spot on.

Finally, two objectionable SCOTUS opinions were handed down today, allowing religious organizations to, among other things, ignore any and all state or federal anti-discrimination laws, because "freedom of religion", apparently, also now includes the freedom to take actual freedoms away from everyone else...

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

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Guest: Mark Joseph Stern on new Court opinions on 'faithless electors', Obamacare and the GOP's ongoing (and now deadly) war on voting...
By Brad Friedman on 7/7/2020 6:52pm PT  

We've got a bit of a roller coaster today between good news and terrible news on today's BradCast. But that's life in the times of Trump and the coronavirus, I guess. [Audio link to full show is posted below.]

First up today, the COVID-19 crisis continues to gravely worsen in the U.S., with new record infections and hospitalizations now pretty much every day for the past month. Despite the increasingly desperate concerns expressed by health experts, especially for hotspots where Governors reopened states far too early, some Republicans from the President of the United States on down are calling for measures that will only increase infection rates, hospitalizations and, yes, death.

Florida's Education Commissioner Richard Corcoran on Monday, for example, declared that all public schools must reopen next month to all students for in-person classes five days a week. His emergency order notes that reopening schools is critical to "a return to Florida hitting its full economic stride". That, despite more than 200,000 confirmed cases and new record daily infection rates each day for weeks now in the Sunshine State.

At the same time, in Washington D.C. on Tuesday, Donald Trump held a White House event to demand the reopening of schools and to praise Florida's Governor Ron DeSantis for a "terrific job" in ordering them to open. Trump claimed that schools have been closed elsewhere for "political reasons" and added that "we are very much going to put pressure on Governors and everybody else to open the schools." This is now a death march being led by the President of the United States.

But if Republican politicians are fine sending children and their teachers and their families to their potential deaths, how do you think federal judges appointed by Trump or sympathetic to his political cause are going to react to measures being taken to try and make voting safer for Americans on November 3rd? We're joined again today by Slate's ace legal reporter MARK JOSEPH STERN to discuss Monday's opinions released by the U.S. Supreme Court, as well as a disturbing pattern of rulings at both SCOTUS and on the appellate level over the past two weeks that bodes darkly for this year's crucial Presidential election.

First, Monday's new opinions: The Court decided unanimously that states may prevent so-called "faithless electors" from casting their vote in the Electoral College for someone other than the Presidential candidate chosen by the state's popular vote. The issue stemmed from two combined cases of "faithless electors" in 2016, one of which was brought by plaintiff Michael Baca against Colorado. Baca appeared on The BradCast in December of 2016 to explain the reasons for his planned "faithless" vote in the Electoral College that year, before he was later prevented by the state from casting it.

While that opinion, written by Justice Elana Kagan received most of the media attention on Monday, another opinion handed down by the Court that day is likely of far greater import. The Court's 6 to 3 decision, with Justice Brett Kavanaugh writing for the majority in a case concerning robocalls made to cell phones, actually reveals some very encouraging news regarding a challenge to the Affordable Care Act (ACA or Obamacare) that will be heard next session by the Court. Kavanaugh's opinion, striking down one element of a robocall law as unconstitutional while upholding the rest of the law, suggests the challenge to Obamacare by GOP-controlled states and the White House --- seeking to strike down the entire health care law as unconstitutional based on the constitutionality of one single, now meaningless, provision --- is likely to fail.

As Kavanaugh crucially noted in his opinion, in words that will be remembered next year during the ACA case: "Constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute."

"It's important to note that seven justices agreed with [Kavanaugh] on that particular point," Stern tells me. "Only Thomas and Gorsuch disagreed."

And with that seemingly very good news out of the way, we turn to a flurry of recent decisions by both SCOTUS and a number of federal appeals courts that are extremely concerning and revealing as to how right-wing controlled federal courts will be dealing with voter suppression cases and measures intended to make voting easier during the pandemic this November. Recent court rulings in cases out of Florida, Wisconsin, Alabama and Texas, as Stern explains, are very troubling indeed and suggest we could be in for no small amount of chaos, disenfranchisement and, yes, deadly disease, in this year's critical general elections.

There are more opinions to come from the Court before they are finished for the summer. Quips Stern darkly today: "We've got a handful left, and we will see if the Supreme Court breaks our democracy before the end of the term."

Finally, we close with Desi Doyen and our latest Green News Report, with a bit more news out of SCOTUS and lower federal courts, including some surprisingly very good news on several controversial oil and gas pipelines!...

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

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Also: Carl Reiner, RIP...
By Brad Friedman on 6/30/2020 6:34pm PT  

In case you need something to celebrate this July 4th, it will be just 200 days exactly from that date until Donald Trump will no longer be the President of the United States next January! ... Presuming he is not able to somehow steal a second term anyway. Let's not let him. Therefore, go celebrate Independence Day in advance this Saturday on July 4th!

In the meantime, as we work our way towards that glorious day, a few related news items of note on today's BradCast [Audio link to full show follows summary below]...

  • Wyoming Republicans are beating themselves up over...well, apparently being Republicans. Literally! A fist-fight broke out over the weekend at the Wyoming Republican Party state convention in Gillette, as the party's extremist and less extremist factions duke it out, with one County Party chair who wielded an ax-handle and a pistol, versus another drunk County Party chair who ended up unconscious and in need of surgery as the whole debacle is investigated by local police. Grab your popcorn, because it's as insane as it sounds. We've got the blow-by-blow details!;
  • As to the battle between the Democratic Party's progressive and conservative wings, that appears to be playing out a bit more peacefully, at the ballot box instead. AP has now called a winner in Kentucky's Democratic U.S. Senate Primary a week after it was held. The delay was due to absentee ballot counting in two of the state's largest and most diverse counties, Jefferson (Louisville) and Fayette (Lexington). Neither released any results from the state's June 23 primaries until today. If the reported results are accurate, it appears that party establishment-supported former fighter pilot Amy McGrath will be the Democratic nominee to take on GOP Senate Majority Leader Mitch McConnell this November. She is said to have narrowly edged out progressive African-American state legislator Charles Booker, who surged to mount a serious challenge to McGrath and her large campaign war chest at the end of the campaign during protests for racial justice in the state. In the end, if the computer-tallied results are accurate, Booker's late surge --- as a Sanders/Warren/AOC-endorsed supporter of Medicare for All and the Green New Deal --- came up just short of the votes needed to defeat the front-runner who had been the presumptive nominee since being recruited by Senate Minority Leader Chuck Schumer last summer. We'll see if McGrath also has what it takes to take down McConnell this fall. That, according to recent polling, will be no easy feat in a state that went for Trump by 30 points in 2016. But it will be well worth the effort in trying;
  • The National Republican Committee, the Trump Campaign and several sitting GOP Congressmembers are now filed a federal lawsuit in Pennsylvania, claiming that their use of secure absentee ballot drop-off boxes somehow violates the U.S. Constitution, even though absentee voting was approved last year by the state's GOP-majority legislature and the use of drop-off boxes is a recommended best practice by vote-by-mail experts and the federal government alike;
  • We'll see if the Republicans' federal lawsuit in PA has any better chances for success than a similar attempt by the GOP and Trump Campaign to sue California in an effort to prevent absentee ballots being mailed to all active registered voters. That initiative was mandated by Gov. Gavin Newsom's recent Executive Order in the wake of the COVID-19 pandemic, and in a subsequent Republican-supported bill passed by the state legislature and signed by the Governor;
  • And here's that article I referenced by Ernie Canning on the other Dept. of Justice whistleblower who testified in the U.S. House Judiciary Committee last week about Bill Barr's abuse of the DoJ's Antitrust division to harass California and automakers who are working with the state (to the consternation of Donald Trump) and legal cannabis companies (perhaps to prevent the division from being able to probe real antitrust issues and anti-competitive monopolies in the banking, Big Tech, and telecom sectors.);
  • Then, we've got a brief and heart-felt tribute to the legendary and much-beloved Carl Reiner --- creator of the Dick Van Dyke Show, the 2000 Year Old Man with Mel Brooks and much more --- who passed away today at the age of 98. From nothin'.;
  • Finally, Desi Doyen joins us for the latest Green News Report with news on a fracking giant filing for bankruptcy, SCOTUS signing a death warrant for endangered species and new data finding that millions of U.S. homes, far more than previously thoughts, are now at risk of flooding thanks to climate change...

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

PLEASE NOTE: Desi and I are checking out for a few days of MUCH needed down time before the holiday. Nicole Sandler will be filling in for us until we see ya next Monday! Until then, please stay safe, healthy and don't forget to celebrate independence from the Trump Presidency in just 200 days as of July 4th!

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Slate's SCOTUS reporter Mark Joseph Stern on the 'canny legal' maneuverings of the Chief Justice; Also: MS votes to dump Confederate flag; Trump Campaign removed social distancing stickers before Tulsa Death Rally; COVID-19 now ravaging all but two states...
By Brad Friedman on 6/29/2020 7:04pm PT  

As life in the U.S. continues to get grimmer, we find a few much-needed points of light during today's BradCast! [Audio link to full show is posted below.]

First up, the GOP-controlled Mississippi state legislature finally voted overwhelmingly on Sunday to remove the offensive Confederate flag symbol from their own state flag. Both the Governor and Lt. Governor support the move and the bill will be signed. Yes, the ongoing uprising against systemic racism in the U.S. continues to bring about long-overdue positive change! Also, there was (mostly) good news in a long-awaited abortion case at the U.S. Supreme Court today, but we'll get there in a second.

Before that, we've been arguing in recent days that Donald Trump should eventually be brought up on charges for what amounts to mass murder in his purposefully and criminally delinquent and negligent handling of the COVID crisis. More evidence of that affirmative endangerment of the public was reported over the weekend by the Washington Post, which obtained video evidence that the Trump Campaign, just hours before his June 20 campaign rally in Oklahoma, removed thousands of social distancing stickers placed on seats at Tulsa's BOK Center venue by its management. As the city's health director pleaded with the campaign to postpone the rally amid spiking infections rates, and local residents and business owners went all the way to the state's Supreme Court to try and block it, the Trump Campaign was purposely making it less safe for rally attendees. The infection rate in Tulsa has continued to spike since Trump's under-attended Death Rally (where he had falsely bragged in advance that there wouldn't be "an empty seat"), as infection rates now continue to rise in at least 36 states after the largest single day increase across the nation on Friday.

Florida, Texas and Arizona, with Republican Governors who were among the first to reopen, are now seeing among the largest growth in infections and hospitalizations in the country. That, despite Republican Gov. Ron DeSantis' hubris-filled attacks on the media just weeks ago following an initial lack of new confirmed cases after reopening for Memorial Day and a now-embarrassing rant from Sean Hannity on Fox 'News' claiming that FL and NY "got it right", states like NY got it wrong (NY's infection rate was just 6% of Florida's on Friday) and that "the mob and the media....owe Gov. DeSantis a huge apology." Well, that didn't age well.

Then back to a bit more good(ish) news as the U.S. Supreme Court's Chief Justice John Roberts, for the third time in as many weeks, joined the Court's liberal wing on yet another major case --- well, mostly. It was enough, at least, to strike down an extremist anti-abortion measure in Louisiana, in any case. Had the attempt by state Republicans to insert Big Government in-between a woman and her doctor been upheld by the Court, it would have left the entire state of 4.6 million with just one single doctor legally allowed to perform the still-Constitutionally protected medical procedure.

We're joined today by one of our favorite SCOTUS corespondents, MARK JOSEPH STERN of Slate, to explain today's 4 to 1 to 4 opinion which resulted in the end of the state law requiring abortion doctors to unnecessarily obtain difficult-to-receive hospital admitting privileges. While abortion rights activists are breathing a sign of relief today, Stern explains, they likely won't have long to enjoy it. The Court with a stolen Republican Majority still appears hell bent on rolling back Roe v. Wade, he says.

While Roberts, in his own concurring opinion [PDF], effectively joined the liberals again today in striking down the Louisiana law --- again, maddening the right-wingers in the bargain --- he "is a very canny legal strategist, who still quite obviously opposes the Constitutional right to an abortion," Stern warns. In fact, what Roberts opinion today did was "leave us with a state of abortion jurisprudence that sort of rewinds the clock back to maybe 1992. Whereas, for the past four years, at least in theory, we have had a more robust protection of Constitutional rights."

With Roberts' new opinion, Stern reports, abortion rights proponents have actually lost some ground, even while the second "admitting privileges" law to find its way to the Court in four years was again struck down --- just like the previous virtually identical one out of Texas in 2016 (which Roberts then voted to uphold.)

The Chief Justice also voted recently with the Court's Democratic appointees to ban LGBTQ employment discrimination and in striking down Trump's rollback of DACA protections for hundreds of thousands of immigrant children who were brought here by their parents. So, why has Roberts seemingly become a "liberal squish" on three important landmark cases this session? Stern argues that he hasn't at all. Another ruling today regarding the Consumer Financial Protection Bureau (CFPB) in which the Court's rightwing 5 to 4 majority dreamed up new (non-existent) Constitutional powers for the Presidency, and a SCOTUS decision over the weekend to block absentee voting for all voters --- not just those 65 and older --- in Texas, in the middle of a pandemic, and in clear violation of the 26th Amendment, is just more evidence that the Republicans' stolen SCOTUS majority is still anything but "liberal", even after these three recent surprise opinions on LGBTQ rights, DACA and abortion.

Stern also offers his thoughts on whether Roberts would be voting as he has been of late if Justice Anthony Kennedy was still on the Court as its swing vote, and whether all of this suggests that the Court should now be expanded in response to theft of what should have been an actual liberal majority by now...

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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State legislature codifies Governor's Executive Order, Voting Rights Groups' Motion to Intervene upends Republican 'voter fraud' allegations...
UPDATE 7/10/20: After voluntarily dismissing its lawsuit, GOP falsely declares victory...
By Ernest A. Canning on 6/24/2020 10:35am PT  

In a recent article, we described the GOP's legal challenge to the Executive Order issued by California's Democratic Governor Gavin Newsom --- directing CA election officials to timely submit vote-by-mail (VBM) ballots to every active registered CA voter for the November general election --- as "dubious", at best.

We noted that the GOP plaintiffs lacked standing to sue in federal court because Republicans cannot show they suffered a legally cognizable injury. We also noted that the GOP's core legal challenge --- that the Elections Clause to the U.S. Constitution only permits state legislatures, not Governors, to set the time and manner of conducting federal elections --- was at odds with settled Supreme Court case law and that legislative approval for the Governor's pandemic-related emergency Executive Order can be found within the provisions of the CA Emergency Services Act.

Last week AB-860 was passed by the state legislature (even with support from Republicans) to codify Newsom's Executive Order by specifically providing that VBM ballots be timely sent to every active registered voter in the state, even if the voter did not request one. It was signed into law this week by the Governor, rendering the GOP's core legal argument moot.

The new law will not only mandate a dismissal of the GOP legal filing but also eliminate the need for the court to grant the Motion to Intervene [PDF] that was recently filed by several voting rights organizations opposing the challenge by a number of Republican groups, including the California Republican Party.

CA Common Cause, League of Women Voters of CA and the Community Coalition seek to be added as Party Defendants in order to counter the GOP's effort to compel in-person voting --- a GOP effort that, if successful, would dangerously and unnecessarily expose the state's electorate to the risk of contracting a deadly virus, COVID-19. The portion of those organizations' motion, which demolishes the GOP's VBM "voter fraud" lies, however, warrants verbatim coverage...

[Republicans'] allegations echo long-debunked claims that associate mail-in ballots with voter fraud. In reality, mail vote fraud is virtually non-existent. Millions of Americans vote by mail --- one in four voters did so in the last two federal elections. Yet an exhaustive investigation found only 491 instances of mail vote fraud committed between 2000 and 2012, a period in which billions of votes were cast.

UPDATE 7/10/20: After U.S. District Court Judge Morrison England, Jr. dismissed the GOP's frivolous legal challenge following a Republican filing of a voluntary Notice of Dismissal, GOP Chairwoman Rona McDaniel falsely proclaimed that the Republican Party "scored a major victory against Gov. Gavin Newsom's illegal executive order." She attempted to bolster this falsehood with another lie --- that, before the GOP filed its legal challenge to VBM in CA, "Democrats planned to automatically send ballots to inactive voters, including people who have moved or died."

As we observed in a 6/5/20 update to an article that had covered the "dubious" GOP legal challenge, the Office of CA Secretary of State Alex Padilla stated that, pursuant to the Executive Order which Padilla and Gov. Newsom issued, VBM ballots would only be mailed to "active" registered voters.

"Only active registered voters will be mailed a vote-by-mail ballot. That is and has been the practice in California," Padilla's spokesman Sam Mahood said. Under California's Elections Code, Mahood added, "'voters with an inactive voter registration status do not receive elections materials.' That includes vote-by-mail ballots."

The only change to CA Election Law as it existed at the time the Executive Order was issued was the elimination of the requirement that voters first request a VBM ballot before one would be mailed to an
active" registered voter. Thus, at best Rona and the GOP had erected a straw man; erroneously claiming that the Executive Order required submission of VBM ballots to "inactive" voters.

* * *
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on twitter: @cann4ing




As U.S. infections surge, EU may ban travel from America; Trump endangers Phoenix with campaign rally; KY, NY try to vote in primaries...
By Brad Friedman on 6/23/2020 6:53pm PT  

On today's BradCast, the COVID-19 crisis worsens in the U.S. as it improves in Europe and Asia, it's another fraught Election Day in several states, Trump threatens to sicken Arizona even more, and man-made global warming threatens everything. [Audio link to show follows below.]

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

  • Phoenix Mayor urges Trump to wear mask at local campaign rally as crisis grips state. But, don't worry! Phoenix church hosting Trump rally today has a miracle scheme to "kill 99.9 percent" of the COVID-19 virus!;
  • And finally, Desi Doyen joins us for the latest Green News Report, as record heat blows past 100 degrees Fahrenheit in Siberia(!), Trump makes new pretend claims about wind power while rolling back protections for birds, UK builds world's largest liquid air battery...

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

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WATCH: Brad on CBS2-LA follow-up on County-mandated postmortem promising Registrar will totally make sure it all works this time!...
By Brad Friedman on 6/19/2020 3:57pm PT  

On March 3rd's Super Tuesday primary elections, Los Angeles County's new, $300 million, 100% unverifiable touchscreen Ballot Marking Device (BMD) voting systems and electronic pollbooks failed catastrophically. The disaster resulted in hours-long lines to vote at new Voting Centers in the nation's most populous voting jurisdiction leaving untold thousands unable to cast a vote at all.

It was all completely predictable. In fact, I had been predicting --- and warning --- about such a disaster like that with this system, dubbed Voting Solutions for All People (or VSAP) by the County, for pretty much the entirety of the 10 years it had been in development.

Few seemed to care until just before the March election, after we reported that the system had failed certification testing by the state on more than 40 points.

Following the March 3rd disaster, the L.A. County Board of Supervisors, pretending to be furious about it, ordered L.A. County's Registrar-Record/County Clerk Dean Logan (the system's brainchild, who stopped coming on The BradCast or even answering any of my questions about the new system in the months before Election Day), to investigate himself and create a report on what when wrong and what needs to be done about it.

Logan's 135-page report is posted here [PDF].

In short, it says: "Here's what we think went wrong and here's how we're gonna fix it for next time. We'll take care of it by November 3rd. Trust us! Just like you did last time!"

What it should say, is: "We're sorry. We screwed up. We wasted $300 million in tax-payer dollars, so we're gonna trash the incredibly complicated, flawed, and wholly unverifiable voting system and vulnerable electronic pollbooks that disenfranchised thousands of L.A. voters on March 3rd, restore the thousands of precincts we foolishly shut down in favor of 'Voting Centers', and move back to a simple, inexpensive, verifiable hand-marked paper ballot system at all community-accessible polling places for this year's critical general election."

Why the L.A. County Board of Supervisors isn't now demanding that, I couldn't tell you. Why California Sec. of State Alex Padilla isn't demanding the same, I couldn't tell you either. Except that all of them had been all-in for years with Logan on the new VSAP system. Nobody, apparently, is accountable for anything.

Instead, L.A. County voters will once again serve as guinea pig beta testers for Logan's obscenely expensive, already-failed new computer voting system during another LIVE election again this year, which just happens to arguably be the most critical in the nation's history. What could possibly go wrong?

One saving grace may be that the Governor has ordered all active registered voters to be mailed absentee ballots before this November's election due to the COVID-19 crisis.

In the week's prior to the March 3rd election, I was interviewed by CBS2-LA's David Goldstein about the new system. When he asked me how much confidence voters should have in it, I answered bluntly: "None." Logan was also interviewed in the same report and was asked the same question. His answer: "Voters can have a great deal of confidence."

You can decide who called that one correctly. Goldstein called me up again on Thursday afternoon to ask me to join him for a quick follow-up interview via FaceTime regarding Logan's postmortem report on what went wrong. CBS2 ran their follow-up report on Thursday night. Their story is now here. Goldstein's follow-up video report from last night's 6:00 news is posted below. (He called me just before airtime for my radio show, so please pardon the lack of shaving and really bad iPhone sound on my end!)...

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




Guest: Jeanne DuFort, who discovered state's massive counting error
Also: FDA bars Trump's magical mystery cure for COVID; TX seeing record hospitalizations; Stunning surprise ruling from SCOTUS on LGBTQ rights...
By Brad Friedman on 6/15/2020 7:04pm PT  

On today's BradCast: You've almost certainly heard by now about Georgia's disastrous primary election last week, when new computer voting systems, shuttered polling places and thousands of absentee ballots that never arrived to voters resulted in hours-long voting lines, disproportionately in heavily-minority areas of the state. You may not have heard, however, that the new computer scanners the state's Republican Secretary of State forced all counties to use to tally hand-marked paper absentee ballots on June 9th appear to have failed to tally potentially thousands of votes across the state. We're joined today by the woman who first discovered the gob-smacking --- and still unexplained --- failure in GA's new, failed, statewide voting systems last week. [Link to audio of full show is posted below.]

But first up, a few noteworthy breaking news items today...

  • The FDA has revoked emergency use authorization of the drugs hydroxychloroquine and chloroquine as a treatment for COVID-19, finding the serious and potentially deadly dangers of the drugs outweigh any potential, unproven benefits. These are the drugs that non-health expert Donald Trump (and Fox "News") repeatedly encouraged Americans to take, pressuring the FDA in the early days of the coronavirus to approve for broad use. Trump repeatedly declared, "What do you have to lose?" in taking it. The answer: potentially your life, according to the FDA and the National Institutes of Health as of today;
  • The coronavirus still continues to spread across the U.S., with infection rates and hospitalizations spiking in many places across the nation, particular where businesses have been allowed to reopen too early. Texas, for example, has continued to break its own hospitalization records, day-after-day over the past week. All of that since GOP Gov. Greg Abbot allowed many business to reopen on Memorial Day weekend and for Phase III of the state's reopening plan (allowing some restaurants to fill up to 75% of capacity) to go into effect on Friday, despite the deadly and continuing surge of new cases and hospitalizations;
  • Stunning and great news on Monday, shockingly enough, from the U.S. Supreme Court, which ruled 6-3 that employers may not discriminate against LGBTQ people. Republican-appointed Justice Neil Gorsuch, writing for the majority(!), said that firing gay or trans people because they are gay or trans amounts to unlawful discrimination on the basis of sex. That is forgidden by Title VII of the 1964 Civil Rights Act. The ruling is a huge victory for the civil rights community and those of us who believe in freedom and liberty and the rule of law;
  • More good news from the Court today. SCOTUS declined to hear about a dozen different cases appealed to the Court by gun rights activists hoping to further broaden the 2nd Amendment.

Then, a bit of very rare good news out of last week's disastrous GA primary: Overall turnout was way up as compared to 2016's primary, and especially among Democrats where three times as many voted in the state's U.S. Senate primary than did so four years ago. Moreover, curiously enough, many more Republicans voted in last week's uncontested GOP U.S. Senate primary for Sen. David Perdue than voted for Donald J. Trump in his own uncontested Presidential primary in a state that many believe could flip from red to blue in November for the first time in decades. But that's the end of the "good news" out of Georgia's horrific election last week.

With voters (mostly in Democratic-leaning areas) forced to wait in hours-long lines at the polls, where the final votes was cast well after midnight on Wednesday, election integrity advocates have now learned that things are even worse than previously known.

During mandated bi-partisan county reviews of ballots identified by the state's new absentee ballot computer scanners as having potential over- or under-votes, our guest today discovered that the computer tally systems were failing to count votes at all in certain races on an untold number of ballots. Election Integrity advocate JEANNE DUFORT, was reportedly the first to notice that the digital computer scanners were simply failing --- inexplicably --- to count completely countable votes on ballots she reviewed while serving on a bi-partisan three-person review panel in her county. Dufort has served as a plaintiff in a number of successful legal complaints brought by the non-partisan Coalition for Good Governance, challenging the horrific computerized voting and tallying systems (both old and new) forced on all 159 counties in the state by its Republican Secretary of State.

After first spotting the apparently uncounted votes, she says on today's program, "we checked the audit trail. The computer said, 'unvoted.' But we're looking at a voter mark. No confusion that it's a vote." The same problem was subsequently discovered on a huge proportion of ballots reviewed in DeKalb, Clarke and Cherokee Counties. According to voting systems experts, the uncounted votes are likely to be found in every county in the state, since they were all forced to use the same new systems this year. (A system which, by the way, even the state of Texas refused to certify for use there, finding it to be "fragile and error prone.")

Despite rates of anywhere from 5 to 10% of ballots discovered in the initial four counties to have had valid untallied votes on them, DuFort says that while the votes on ballots they reviewed were added to the results, Morgan County's Board of Elections voted against an examination of the county's other 3,000 absentee ballots. She describes that vote by the Board as a "huge disappointment," telling me that "head in the sand is not a good strategy when a problem materializes." But that appears to be the state of Georgia's strategy on just about everything these days. The Secretary of State's office initially denied there was any problem at all, dismissing DuFort as a partisan "activist". In fact, while she serves as the 1st Vice Chair of the Morgan County Democratic Party, she works with the Coalition for Good Governance whose Founder and Executive Director, Marilyn Marks, is both a frequent guest on The BradCast and a registered Republican.

Since the discovery and confirmation of the massive computer counting flaw --- which could affect untold thousands of votes across the state --- the Coalition has called for a "thorough transparent investigation and correction of the vote count [which] must be immediately undertaken and completed prior to certification of the election results." DuFort, however, tells us that "so far, the state has not shown an interest in investigating it. It's shown an interest in denying there's a problem."

"We're calling on counties all over the state, before they certify, to do a human eyeball review to see what other votes are out there that are embedded in ballots that have just plain not been counted and should have been counted," she says about the problem that one panelist in a different county said was discovered "by sheer luck" during the review of ballots flagged by the computer system for other reasons.

DuFort suggests that some of the candidates who ran in last week's contested statewide Democratic Primary for U.S. Senate, for example, may be able to take legal action, since Georgia law "is clear on this" that votes must be counted. Citing several voting system and computer science experts who have verified the flaw, DuFort argues: "Folks who know about these things tell us that what we've seen with our own eyes is likely a bug. Bugs can happen. [In a] big, first-time statewide rollout, you can have a bug. Nobody's complaining that there's a bug. But you've got to be interested enough to go and find it and fix it. We've got a big consequential race coming up in Georgia in November, and you better learn from this experience and fix it before then."

Whether the state will learn anything or not remains to be seen as this story continues to develop and explanations are sought for what happened and how large the problem actually is. We will cover it, of course, as it continues to do so...

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

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Guest: Voting rights journalist Ari Berman on the many ways Republicans are working to undermine 2020 and how you can help stop them...
By Brad Friedman on 6/12/2020 7:07pm PT  

On today's BradCast: It's the conversation that everyone in America who gives a damn about democracy needs to be having. And, not in the days just before this November's election --- when it will be too late to do anything about it --- but RIGHT NOW. [Audio link to full show is posted below.]

In Florida, the top Democrat in the state's House of Representative is sounding an "urgent" alarm. He says that absentee ballots in the perpetual swing-state could be gamed by the Trump Administration using the U.S. Postal Service to slow the return of ballots. In the Sunshine State, any ballots that don't arrive at County Headquarters by 7pm on Election Day may not be included in the results. Minority Leader Kionne McGhee is calling for barcodes to be added to absentee ballots so that voters can track whether they have been received by election officials, so that they may otherwise vote in person on Election Day if necessary.

While calling on the state's Republican Governor to take action that would also help Republicans (who voted at a higher rate by mail than Democrats in 2018), a Trump Campaign spokesperson dismissed McGhee's concerns as "an absolutely bogus conspiracy theory by Democrats." (And you know how Trump hates conspiracy theories.) Of course, Republican willingness to commit fraud, especially in Florida elections, is anything but a "conspiracy theory". In fact, Donald Trump himself, just this year, has already committed absentee ballot voter fraud in the state. So, apparently, has his Press Secretary Kayleigh MacEneny. Former GOP superstar Ann Coulter definitely did so. And so, it seems, did Derek Chauvin, the former Minneapolis cop charged with the murder of George Floyd. Chauvin, a property owner in Florida, where he is also a member of the state Republican Party, reportedly voted in the state's elections in 2016 and 2018, despite working and living in Minnesota, in what a Florida attorney and candidate for Pinellas County Supervisor of Elections this year describes as a third-degree felony.

Democrats, meanwhile, have been jailed for much less than what both Trump and Chauvin are accused of having done in Florida.

Presumptive Democratic Presidential nominee Joe Biden is similarly worried about what the current President and his party may do to undermine the 2020 contest, telling The Daily Show's Trevor Noah this week that his "single greatest concern" is that "this President is going to try to steal this election."

Stolen or not, despite Trump's plummeting favorability ratings, this year's critical general elections will be anything but a cakewalk for Democrats amid the added challenge of coronavirus. Tuesday's disastrous primary election in Georgia was just one example of how Republicans are able to disenfranchise tens, if not hundreds of thousands of votes through the use of overly complicated, faulty and unverifiable touchscreen voting machines and electronic pollbooks in combination with poll closures and mail-in ballots that never reach voters at all or fail to arrive back at county headquarters in time to be legally tallied.

Moreover, as a new study [PDF] out this week from the Center for Election Innovation and Research finds, new voter registration rates in 13 different states they examined --- many of them key battlegrounds --- have fallen dramatically since the virus emerged in March and April. After all of those states saw increases in registrations in January, as compared to the same month in 2016, the numbers fell over a cliff compared to the same months four years ago. With DMVs closed in many states, automatic voter registrations have also not occurred since the virus emerged, and many states still fail to offer online voter registration. At the same time, voter registrations by third-party groups have similarly all but vanished as organizations have been unable to carry out their planned spring outreach campaigns.

Longtime voting rights journalist and author ARI BERMAN of Mother Jones joins us on today's program to discuss all of this and much more. His latest article for the magazine, headlined "How the Coronavirus Handed the GOP New Ways to Squash the Vote," details some of the extraordinary measures that Republicans around the country, in state after state, are attempting in hopes of suppressing the vote in 2020. That, combined with the challenges of a global pandemic, could result in big trouble for voters of all stripes this year.

Citing the recent primary election disasters in Georgia, Washington D.C., Wisconsin and Nevada (where, he says, polling place consolidation resulted in the last vote being cast during last Tuesday's primary after 3am on Wednesday!), he warns: "If we don't figure out how to do Vote-by-Mail efficiently, and also how to vote in person efficiently, and also how to do this in a pandemic, we're looking at a possible and likely disaster in November."

We discuss the "ridiculous law" in Texas that disallows voters under 65 years of age from citing fear of coronavirus as a lawful excuse for requesting an absentee ballot; the effort by Republicans in the Iowa legislature this week to prevent their own Republican Sec. of State from sending absentee ballot applications to all of the state's registered voters this November (in hopes of avoiding the very well run primary last week in which he did exactly that); and other ways in which the 2020 elections --- our last firewall against full-on authoritarianism --- could become the nation's latest nightmare. Berman tells me "litigation alone" by Democrats is "not going to be sufficient" to solve this perfect storm of problems.

"These conversations have to happen now," he cautions. "States are running out of time. They're running out of money. Coronavirus is increasing in a lot of places. So I'm really, really concerned," he says. Join the club, Ari. On the upside, Berman also discusses how you can help RIGHT NOW to overcome many of these shameful challenges.

Finally, after all of those pleasant thoughts, we end today with a much-needed song by satirist Roy Zimmerman about a "liar" who needs to be voted away. Of course, whether that is even possible remains to be seen. But the song should keep your humming for a while...

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

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Guest: Marilyn Marks of Coalition for Good Governance; Also: George Floyd's brother testifies; NASCAR bans Confederate flags; Trump on wrong side of history again...
By Brad Friedman on 6/10/2020 6:57pm PT  

On today's BradCast: Tuesday's horrific election meltdown in Georgia didn't have to happen. We have been reporting and warning about exactly the disaster that occurred during the state's primary elections for well over a year on this program. [Audio link to show is posted below.]

Our guest today, MARILYN MARKS of the non-partisan, non-profit Coalition for Good Governance, has been filing both state and federal litigation for years in hopes of blocking the use of the new, unverifiable, touchscreen voting system implemented by GA's Republican Sec. of State Brad Raffensperger for this year's critical Presidential election. For years, she has been joining us on the show --- as she does again today --- to warn about the now-failed systems, month after month, as the Secretary moved forward with his Big Government mandate to force all counties in the state to switch to the new, dangerous, computerized voting systems.

One county (Athens-Clarke), whose County Board of Elections voted in March to use hand-marked paper ballots instead of Raffensperger's $104 million touchscreens, was threatened with fines and legal action by the Secretary if they refused to use his new systems made by Dominion Voting, a Canadian company whose lobbyist in Georgia was the Chief of Staff for the former Sec. of State, now Governor Brian Kemp. Raffensperger's strong-arming did the trick. The County used the disease-vector touchscreens on Tuesday along with all of the others.

The multiple failures of the electronic pollbook computers and computerized touchscreen Ballot Marking Devices and optical-scan computers used at every polling place in the state resulted in hours-long lines for voters throughout the day. Precincts in 20 counties were ordered by courts to remain open for hours past their scheduled closing time, with the last voter reportedly casting a vote at 12:37am on Wednesday.

The shameful story in Georgia is very similar to the disaster that occurred here in Los Angeles County during the March 3rd Super Tuesday election this year, after County officials failed to heed our warnings about their new $300 million touchscreen voting and electronic pollbook system that similarly crashed and burned on Election Day and resulted in the disenfranchisement of untold numbers of voters.

"Maybe it is the nature of the beast," Marks laments today. "It seems like in all matters of civil rights, things have to get to such an extreme that disaster has to happen, maybe multiple times, before society can pay attention." While there has been quite a bit of media coverage of Georgia's disaster today, where were they when their coverage might have made a difference before voters lost their right to vote?

As to who is to blame, Raffensperger still refuses to take any responsibility whatsoever. He blames county poll workers for being poorly trained to operate his needlessly complex systems. Like Donald Trump, Raffensperger takes no responsibility for what went wrong, despite being responsible for forcing all counties to use the new system. In fact, he told Georgia Public Radio yesterday, as voters were lined up for blocks and blocks (and blocks) in the blazing Georgia heat and humidity and thunderstorms to try and cast their vote, that it was "a good day for Georgia". He actually described the primary as "a great success."

Marks sees it differently, as does most of the world. "Ninety percent of this problem was caused by Raffensperger and the State Election Board, because they insisted that the state and the counties use the very complex, Rube Goldberg systems that nobody had been trained on, that hadn't been properly tested, shoving them in during pandemic conditions when they could have simply used the scanner and hand-marked paper ballots, and a paper pollbook, and had a simple election during pandemic conditions," she says. "The Secretary of State insisted on this roll-out. And gave the counties almost no choice. They could have defied him, and he would likely have fined them. He set them up for failure."

Marks, whose earlier lawsuit resulted in Georgia's previous touchscreen voting system being found unconstitutional in federal court, with the judge ordering that they could never be used against in the Peach State, has a continuing federal complaint against the new system. She tells me she expects to be back in court soon. "Before, the State was claiming that all of our claims were just speculative. Well, you know what? They're not speculative anymore. We have fabulous evidence --- horrendous evidence --- that this system does not create an accountable election."

A registered Republican, Marks says it is not too late for Georgia to change course before November, though the court may have to force them to do so. She also cautions about similar unnecessarily complex and already-failed new computer voting systems being used in other states --- including battleground states like Pennsylvania and North Carolina --- instead of verifiable hand-marked paper ballots for this year's critical Presidential election. Since the corporate media are unlikely to make the necessarily noise before the next election disaster --- when it might be preventable --- Marks suggests voters can take action on their own to demand hand-marked paper ballots and paper pollbooks (as backup to the e-pollbooks).

"Write a letter to your Secretary of State and State Election Board, and demand it," she advises. "Something that is likely to be more effective, even though it's harder --- it's going to take some effort for voters to actually protect their elections --- is call every member of your county's bipartisan election board. You can find them because they're local citizens. Say 'You've got authority, County Election Board! We want an auditable election! We want it done with hand-marked paper ballots, and we want audits afterward. Don't wait for the state to tell you that you have to audit. Don't wait for a judge to tell you that you have to have accountable ballots. Do it on your own. Do it now, while you have time to do it!'" She argues "these counties need the pressure from the citizens, and the citizens need to put pressure on the county boards as well as the local Democratic Party and local Republican Party."

As we've said many times, this democracy ain't gonna save itself!

Next --- speaking of things that take years of disaster before they are ever reformed --- Philonise Floyd, the younger brother of George Floyd, the unarmed African-American killed by cops in Minneapolis two weeks ago, testified to the U.S. House Judiciary Committee today. We share his emotional opening statement calling on Congress to help "stop the pain" at a hearing meant to discuss a Democratic initiative in Congress for sweeping change to the nation's policing policies. As you might imagine, they are meeting Republican resistance in both chambers of Congress.

Finally today, more change in the wake of Floyd's killing: NASCAR announced today that it will ban the Confederate Flag from its events, and Donald Trump ends up firmly on the wrong side of history --- again --- as he declared he would "not even consider" renaming U.S. military bases, such as Fort Benning and Fort Bragg, which are named for Confederate Army officers. That, despite their namesake's support of slavery and their treason in launching a war against the United States, resulting in hundreds of thousands of dead Americans. While Pentagon officials, including Trump's own Defense Secretary, have said they are open to the idea, and a host of retired generals --- including the commanders of some of the 10 bases named for Confederate traitors --- favor renaming the military posts, Trump insisted on Twitter today, without any apparent irony, that the bases are a part of "a history of Winning, Victory, and Freedom."

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

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Surprise! The Peach State's new $104 million, unverifiable touchscreen vote system melts down in its first statewide election; Also: IPS' Chuck Collins on inequality and the 'Wall Street casino' coronavirus jackpot...
By Brad Friedman on 6/9/2020 6:45pm PT  

On today's BradCast: Who could have predicted it? Another Election Day meltdown in Georgia? Even with the brand new, $104 million, unverifiable, disease-vector touchscreen voting system the state's Republican Secretary of State forced every voter in the state to use at the polls for the first time during Tuesday's twice-postponed Presidential primary in the critical battleground state? Yup. And what has been happening on Wall Street of late underscores how perilous this moment is, and the need to save the voting system in the battleground Peach State before the critical November 3rd elections. [Audio link to full show is posted below this summary.]

Yes, as we've been warning for years now, the roll out of Secretary Brad Raffensperger's new computerized voting system would be a disaster for Georgia voters --- at least for those in or near Atlanta in some of the most heavily Democratic, heavily minority counties in the state. Voters reported wait times as long as 2, 3 and 4 hours in precinct after precinct, to cast their votes today --- even those who showed up before 6am in hopes of being first in line!

New computerized electronic poll-books failed. New computerized touchscreen Ballot Marking Devices (BMDs) failed. New optical-scan computers used to scan the unverifiable ballots printed out by the $4,000 electronic pens (BMDs) failed. What didn't fail was Raffensperger's propensity to blame county officials and poll workers who risked their lives to help voters vote during a deadly pandemic for his own failures to implement a simple, verifiable and much less expensive hand-marked paper ballot system.

More disturbing, the outrageous (if predictable) catastrophic failures of his new systems --- featuring touchscreens made by Canada's Dominion Voting Systems --- come even after Raffensperger ordered absentee ballot applications sent to each of the state's 6.9 million active registered voters (whatever "active" means in his assessment) to help mitigate the dangers of COVID-19 on state voters. Many of those in the same counties which saw huge lines at a reduced number of polling places on Tuesday reported never receiving their requested absentee ballots in the mail.

Today, we detail just some of the hundreds of reported nightmares voters faced trying to vote on Tuesday in Fulton, Cobb, Gwinnett, Muscogee and other counties in the Peach State, as voting equipment was missing altogether at some polling places when they opened; as hand-marked paper ballots quickly ran out at precincts where electronic voting systems couldn't be booted up or failed to work properly once they were turned on; as County officials called for official investigations; and as Raffensperger tried to blame it all on everyone but himself. Yes, we have spent many months (in fact, years now) detailing the lawsuits filed against him, as voters (and some counties) begged him to to move to a hand-marked paper ballot system instead.

Then: No, you are not crazy. You are not imagining it. Yes, up is down and down is up right now. Coronavirus infection rates are, indeed, spiking in a whole bunch of states that have opened up for business around the U.S., despite many collectively pretending the nightmare is over. It isn't. But much of the nation, encouraged by Donald Trump and his supporters, is now pretending otherwise. Similarly, on Wall Street, investors are pretending that the economy is great and the worst of the coronavirus pandemic's shock to the U.S. financial system is over. Of course, we now know the economy had already gone into recession as of February, even before the worst of the COVID-19 shutdowns had begun, ending an 11-year economic expansion that started during Barack Obama's administration and ended under Trump's.

But Wall Street is decidedly not the economy, where, back here in the real world, tens of millions of Americans are newly jobless amid the worst economic downturn since the Great Depression. Nonetheless, on Wall Street, the Nasdaq closed at a record high on Tuesday and both the Dow and S&P 500 indexes have rallied back in recent days to near the record highs they were at before the economy crashed. Billionaires on Wall Street are so drunk with irrational exuberance and flush with decades of sweet sweet tax cut cash that they are even beginning to buy up shares in companies that have filed for bankruptcy amid the crash.

According to the Institute of Policy Study's updated "Billionaire Bonanza 2020" report, between March 18 (roughly the start of the pandemic shutdown), through the fist week of June, "U.S. billionaire's total wealth surged by over $565 billion," even as 42.6 million U.S. workers filed for unemployment. What explains the obscene inequality between the billionaire oligarch class and all of the rest of us?

We're joined today by CHUCK COLLINS, co-author of the IPS study as Director of their Program on Inequality and the Common Good, where he co-edits Inequality.org, to explain what happened and how we can --- and must --- begin to correct the absurd, decades-long and still-growing imbalances in our economy.

"Only 14% of Americans have direct investments in stock," Collins explains. "So this tells us the story of how the top ten percent --- and in this case, how the billionaires --- are seeing their wealth surge during an unfortunate time for everyone else."

"We're now at the culmination of four decades of growing income and wealth inequality. As we went into the pandemic, we were at maybe our greatest unequal level since the Gilded Age. And the reality is, since 2009, only about 20 percent of households have recovered where they were in terms of savings and net worth prior to the Great Recession of 2008. So, think about that --- 80 percent of households went into the pandemic with an economic hangover, still not really fully back on their feet in the last eleven years. This recession and pandemic are going to supercharge the existing income and wealth inequalities that we are already living through."

Collins charges that "we're just absorbing now the pre-existing condition of extreme inequality in America," while reminding us that America did manage to "reverse the first Gilded Age" about 100 years ago. But, he cautions, "It required the fight of our lives. And that's what we're heading into."

As you might suspect, the solutions begin (though do not end) at the ballot box. But, he says, as he details a number of programs that could reverse our current Gilded Age, "the pressure is building" and "people understand the rich have been gaming the system." But, the reversal will not come easily, as "we're living in an oligarchy where the rich use their wealth and power to get more wealth and power."

Finally, Desi Doyen joins us for our latest Green News Report, as the 2020 hurricane season is already breaking records; as the Trump Administration is using coronavirus Shock Doctrine politics to roll back tons of public health and endangered species protections while few are noticing; and as record warmth in May has resulted in a catastrophic oil spill on the melting permafrost in Siberia...

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

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Guest: Longtime journalist, novelist Lucian K. Truscott IV on the uprising against Trump by his military leaders
Also: Callers ring in on why they decided to join the demonstrations across the country following the police killing of George Floyd...
By Brad Friedman on 6/8/2020 6:29pm PT  

On today's BradCast: Donald Trump is chastened by the Generals he once revered, and we open the lines to listeners who participated in the weekend's demonstrations against the killing of George Floyd and police abuse everywhere. [Audio link to full show follow below.]

First up today, a quick note or two on elections Tuesday in Georgia and West Virginia, Joe Biden clinching the Democratic Presidential nomination, and the still-spiking spread of COVID-19 as many states reopen for business too early.

Next, we're joined by LUCIAN K. TRUSCOTT IV, a West Point grad from a long line of military men, who has served as a journalist, novelist and screenwriter for some 50 years. Beginning in the 1970s at The Village Voice, he has covered stories from Watergate to the Stonewall uprising as well as wars in Lebanon, Iraq and Afghanistan. He is now a columnist at Salon where late last week, in a column headlined "We are witnessing the birth of a movement - and the downfall of a president" he covered what he described as the "extraordinary" pushback from current and former high-ranking military officials against Trump's plan to unleash the U.S. military to "dominate" protesters demonstrating against the killing of Floyd in Minneapolis, police abuse everywhere, and for the principle that Black Lives Matter. "These generals are not politicians, but all their statements are as political as any I've ever seen by senior officers, retired or active duty," he wrote. "It's the equivalent of lining up howitzers on Pennsylvania Avenue and aiming at the White House."

We discuss last week's remarkable turning point moment --- beginning with a stunning statement from Trump's former Defense Secretary, General James Mattis and including the leaked memo written by Trump's current Chair of the Joint Chiefs of Staff, General Mark Milley, as sent to the heads of all military branches --- which Truscott also believes suggests that the military will decidedly not side with Trump if he tries to use the armed forces somehow to undermine this November's never-more-critical Presidential election.

"I don't think we have anything to worry about now," says Truscott. "It's really almost like drawing a line in the sand in front of Trump. They're not going to take Trump's side in anything like that. The way [the military leaders] have recoiled from what Trump did last Monday night [when he ordered the clearing of Lafayette Square across the street from the White House for a bizarre photo-op in front of the historic St. John's Episcopal Church] is really all the evidence you need that these guys are standing up for the Constitution and not for President Donald Trump."

"They're shooting a shot over Trump's bow and saying, 'You better watch out what kind of orders you give.' Because I don't think they going to follow any un-American orders," Truscott tells me. "I have to say, a couple of weeks and months ago, I was a little bit concerned about what the military would choose to do. But I'm not concerned at all anymore."

We also discuss how the ongoing demonstrations following the killing of Floyd compare to those seen during the Civil Rights era, as well as his attempt --- as the great-great-great-great grandson of Thomas Jefferson --- to include the descendants of Sally Hemings in the Monticello Association's annual reunions of those descended from the author of the Declaration of Independence and 3rd U.S. President. Hemings was a slave with whom Jefferson is said to have had six children after the death of his wife. Truscott first invited Hemings' descendants to join the Monticello Association on the Oprah Winfrey Show in 1998. We discuss how that turned out in the ensuing years.

Finally, we open the phones to callers who took part in the massive demonstrations around the country over the weekend and in days previous. Why did they decide to march? What did they learn? Why did they decide to not march, in some cases, and how the current movement for equal rights and justice for all compares to similar mass demonstrations in past eras (by those callers who participated in some of those as well!)...

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

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Appeals court previously found state's new poll tax unconstitutional
UPDATE, 7/1/20: Appellate Court expedites DeSantis appeal; sets oral arguments for Aug. 10; grants en banc review and stays the injunction...
By Ernest A. Canning on 6/5/2020 10:35am PT  

Last week, Florida's Republican Governor, Ron DeSantis, announced that he would legally challenge a federal court decision that would, with the exception of those convicted for murder or sexual offenses, permit most former felons in the state to register to vote prior to the November 3rd Presidential Election. "It will go to the 11th Circuit," DeSantis said, adding in Trump-like language: "We will see what happens."

The good news is that, at least with respect to the U.S. 11th Circuit Court of Appeal, the chances that DeSantis will prevail can be rated at somewhere between slim and none. The bad news is that, even with the benefit of U.S. District Court Judge Robert L. Hinkle's erudite 125-page decision in Jones v. DeSantis, the voting rights organization plaintiffs (League of Women Voters and the NAACP) may find it extraordinarily difficult to register those otherwise eligible former felons in time to cast a vote in the upcoming General Election due to the adverse impact of COVID-19.

But, as to the good news for the moment, a statute that may appear constitutional on its face can then be rendered unconstitutional by the manner in which it has been applied by a state agency. The background and the history of this case, as well as Judge Hinkle's "as applied" reasoning, help to explain why his decision will likely be upheld by the 11th Circuit...

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




Looks like we gotta lot of fact-checking to do today...
By Brad Friedman on 6/4/2020 6:59pm PT  

The good news for today's BradCast is that, thanks to so much breaking news on yesterday's show, we've got at least one encouraging new piece of news on a story that we had to bump yesterday regarding Donald Trump's absentee voter fraud felony in the state of Florida. Between that and the false claims made by him and U.S. Attorney General Bill Barr and Arkansas Sen. Tom Cotton (in the pages of the New York Times, shamefully enough) charging that "antifa" is behind the violence seen at some of the mostly peaceful protests across the country over the past week and a half, we've got a lot of fact-checking to do on today's program. [Audio link to full show is at bottom of summary.]

First, Times staffers are livid that that the paper of record gave space to Cotton for an editorial on Wednesday calling for U.S. military troops to be deployed across the country against U.S. citizens under the Insurrection Act. The far-right Republican Senator charged in the piece that "cadres of left-wing radicals like antifa [are] infiltrating protest marches to exploit [George] Floyd's death for their own anarchic purposes." His remarks echo those of Trump, who, on Sunday, declared (falsely) that antifa will be designated as "a Terrorist Organization". In fact, antifa is not an organization. It's a movement of people who oppose fascism and authoritarianism and there is no such federal designation for domestic organizations, even if antifa was one. But the calls of Trump and Barr and Cotton echo what the Times itself described as "misinformation" just two days earlier in an article debunking that myth and several others related to the protest and being circulated widely (and falsely) on social media.

Moreover, the charge that antifa is behind the violence at protests is contradicted by intelligence reports this week from both the FBI and DHS, which find little evidence of antifa involvement, but seem to find plenty of evidence that rightwing white nationalist groups have organized to instigate chaos at otherwise peaceful demonstration around the nation. Continuing video tape evidence of police violently abusing peaceful protesters, including on Wednesday night after many of the demonstrations had otherwise calmed down, doesn't help either. But this week Twitter reported they'd shut down a European white nationalist group posting as "@ANTIFA_US" and tweeting out, for example, messages with a brown raised first emoji and declaring: "Tonight's the night, Comrades. Tonight we say 'F--- The City' and we move into the residential areas... the white hoods.... and we take what's ours."

While that account has been shut down, the white nationalists on the street have not all been. We still do not know the identity of the white man with full face gas mask (pictured above) and a black umbrella, who strolled down the sidewalk in front of the Minneapolis AutoZone last week with a hammer by his side, casually smashing each window of the store. Protesters tried to stop him and to identify him before he slipped away, leading Minnesota Attorney General Keith Ellison to post the video of the man on Twitter, along with the remark: "This man doesn't look like any civil rights protester I have ever seen. Looks like a provocateur. Can anyone ID him?"

And yesterday, in Las Vegas, AP reported on terrorism charges filed against three Nevada men with ties to a rightwing extremist group. They were arrested on Saturday heading to a protest on the Strip after "filling gas cans at a parking lot and making Molotov cocktails in glass bottles," according to the criminal complaint obtained by AP. Two of the men, according to an informant, "discussed causing an incident to incite chaos and possibly a riot, in response to the death" of George Floyd. They are all said to be members of the anti-government "boogaloo" movement, advocating for a new civil war.

It seems its easier to find strawmen to blame for years of systemic racism rather than take responsibility for it. That seems to be what Trump, Barr, Cotton, Fox "News" and all the rest of those looking for someone else to blame for Floyd's death and the resulting outrage seem to be doing. It doesn't seem to be working. But that won't stop them from trying to play a whole bunch of folks just months before the next Presidential election.

Speaking of...as we reported several weeks ago, Donald Trump --- who has been making myriad false claims about absentee voter fraud for weeks now --- is, himself, a voter fraud criminal after illegally voting in Florida this year, by absentee ballot, despite having no lawful permanent residence in the state.

While he claimed late last year to have moved his permanent residence from New York to his Mar-a-Lago club in Palm Beach, his original 1993 agreement with the city when he purchased the property and turned it from a single-family residence into a commercial club, required that nobody could actually live there. So, yes, that is voter fraud, and people in Florida have been charged and even jailed for much lesser infractions of the Sunshine State's elections code.

Yesterday, the Washington Post reported another noteworthy point or two on this story, with yet another update to it today. On Wednesday, the paper reported that Trump, when he filed his Florida voter registration [PDF], listed the White House at 1600 Pennsylvania Ave. as his "legal residence". That means his legal residence is not in Florida and he is, therefore, not allowed to vote there. A month later it appears he tried again, this time specifying Mar-a-Lago's address as his "legal residence." It's unknown what happened in the 31 days between the first and second registration, but maybe Florida generously granted him a mulligan. Of course, that still doesn't make his declared residence at his commercial property in Palm Beach a legal domicile in the state.

Making his case even worse, on Monday, during his infamous phone call with the nation's Governors (in which he described peaceful protesters as "terrorists" and instructed the Governors to "dominate" them or he would send in U.S. troops to do so), he stated: "I live in Manhattan". Oops. That prompted Democratic election attorney Marc Elias to tweet: "Sounds like New York may have a good claim for taxes. And Florida for voter fraud."

And, on that point, the Post updated its story today with the news that a Florida resident has now filed a formal election fraud complaint against Trump, which is what we've been calling for weeks! Under Florida law, the state is now required to investigate the complaint. And because it's a violation of state, not federal, law there is nothing to my knowledge that should prevent the President from being charged with felony voter fraud there. He did it. He should be charged with fraud.

When we painstakingly detailed the voter fraud by former GOP superstar Ann Coulter more than a decade ago after she illegally lied about her address in Palm Beach on her registration application and then unlawfully voted at a precinct she was not entitled to vote in, the state slow-walked their investigation until the statute of limitations ran out. (She also got a helping hand from a former FBI boyfriend). We'll hope that Florida Law Enforcement doesn't try something similar here. Though it would be much harder to do in this instance, given that the crime happened just months ago in this case.

Finally, Desi Doyen joins us for our latest Green News Report, with coverage of a tropical storm barrelling towards the Gulf Coast; evidence that global warming is increasing extreme rainfall events in North America; a new study finding that building new wind and solar plants is now cheaper than using existing coal power plants; and the good news that the University of California is divesting it's $120 billion endowment from all fossil fuels...

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

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Guest: Down With Tyranny's Howie Klein on progressives wins and losses on Tuesday and those still to come...
By Brad Friedman on 6/3/2020 7:12pm PT  

Sure, I admit today's BradCast is a bit breathless, but you try and keep up with all of this madness happening, breaking, changing and then changing again all at once while trying to make calm, cool, collected sense of it all for listeners in just under an hour! As usual, we do our best. Wish us luck. [Audio link to full breathless show is posted below the summary.]

Somewhere amid the mayhem of our latest program you will find coverage of...

  • New charges brought today against the four Minneapolis police officers responsible for killing George Floyd last week. (BRAD BLOG's Ernie Canning foreshadowed as much in his report on the results of a new independent autopsy of Floyd earlier today.);
  • Protests against Floyd's ghastly murder-by-cop continue around the country for a tenth day;
  • Trump (as we predicted yesterday) begins to back away from his tough guy threats to send U.S. military troops to cities across the country to "dominate" peaceful American protesters;
  • Trump's Secretary of Defense Mark Esper claims he didn't know where he was going when he joined Trump's pathetic photo-op with a bible iin his hands in front of St. John's Episcopal Church on Monday, after federal storm-troopers were ordered to clear out peaceful protesters and church staff with tear gas, rubber bullets and other violence to take the shot. Esper now says that he opposes using federal troops against Americans, even though he described American cities as "battle spaces" during a phone call with Governor's on Monday;
  • A senior Pentagon adviser resigns, charging that Esper "violated" his oath to protect and defend the Constitution;
  • Even Pat Robertson tosses Trump under the bus after all of this;
  • U.S. troops deployed to D.C. from Fort Bragg in NC on Tuesday to quell protests are reportedly sent back to their bases...and then reported NOT being sent back to their bases just a few hours later, right before air time today';
  • Some protesters managed to breach a temporary fence near the White House and cowardly Trump is reportedly scuttled back into his underground White House bunker by Secret Service;
  • Also, Trump claims to now be pulling the August Republican National Convention out of Charlotte, North Carolina because the state's Governor won't let him create a shoulder-to-shoulder viral super-spreader event out of it. We'll see if President Bluffer keeps that threat (he usually backs away from most), and we'll see how it may harm his odds of winning the very closely divided Tar Heel State this November. He really needs it to go "red" again if he wants a chance at re-election;
  • And, oh yeah, all of this as primary elections were held in about a dozen states and D.C. amid protests, curfews and a pandemic that continues and has, so far, killed more than 105,000 Americans in just the past 90 days.

    Unofficial results from Tuesday are slower than usual in coming in, due to the expansion of absentee voting in most states to help keep Americans safe during the pandemic. Lines to vote in-person were also much longer than usual in many places, due to the consolidation of polling places, also thanks to the coronavirus. That resulted in many forced to wait in very long lines, sometimes for hours after curfews around the country. But there was some noteworthy news in the few results we do have.

    Of course Joe Biden continues his march toward the required number of delegates to formally win the Democratic Presidential nomination. But, of more note on Tuesday...

    • Ferguson, Missouri --- where the killing of a young African-American man by a white cop sparked national protests six year ago --- elected Ella Jones as the city's first woman and first African-American Mayor!
    • Nine-term white supremacist Republican Congressman Steve King was defeated in the GOP primary in Iowa's 4th Congressional District by another rightwinger who will go on to face progressive Democrat J.D. Scholten (a guest on this show just a few weeks ago) in November.
    • Republican Congressman Greg Gianforte, who beat up a journalist (and tried to lie about it) the night before winning his first term in Congress three years ago, won the GOP nomination for Governor in Montana. He will now run against the state's Democratic Lt. Governor Mike Cooney to fill the seat being vacated by the popular term-limited Democratic Governor Steve Bullock in a state which Trump won by 20 points in 2016. That year, however, Bullock won his second term as Governor on the same ballot, and on Tuesday he secured the Democratic nomination to take on incumbent Republican Sen. Steve Daines, who could very well be in trouble this year.

    We're joined today by progressive Congressional campaign expert and advocate HOWIE KLEIN of the "Down With Tyranny" blog and the BlueAmericaPAC to discuss all of the above and much more, including a number of other progressive wins (some a surprise) and losses (not as surprising) on Tuesday.

    Klein also handicaps a few upcoming races and offers what he regards as some "exciting" contests next week in Georgia which, with West Virginia, will be holding their own primary elections on June 9th. If you can keep up with everything that happened on today's show, much less today overall, you win a prize. Other than that, color me breathless...again...

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

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