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Latest Featured Reports | Friday, January 28, 2022
Grab Bag of American Corruption, Autocracy, Fascism: 'BradCast' 1/27/22
Record U.S. corruption; Biden economy booms (don't tell media!); Snowflake Youngkin; 'Maus' ban in TN before Holocaust Remembrance...
'Green News Report' 1/27/22
  w/ Brad & Desi
The costs of achieving net zero; Air pollution more deadly than known; More new plant-based fast food options; PLUS: Biden Admin revokes controversial mine leases in MN...
Recent GNRs: 1/25/22 - 1/20/22 - Archives...
Breyer Stepping Down from SCOTUS; Progressives Stepping Up to Run for Local Office: 'BradCast' 1/26/22
Guest: Run for Something's Amanda Litman; Also: Eastman loses suit to hide 1/6 emails...
Lots of Marginally Good News (But We Take What We Get): 'BradCast' 1/25/22
Drop Box voting restored in WI (for now); Great redistricting news in AL (unless appealed); 'Calming down' in Ukraine; Bad news for Alex Jones and John Eastman; More!...
'Green News Report' 1/25/22
  w/ Brad & Desi
OUR 1,200th EPISODE! Chemical pollution and the global ecosystem; Russia/Ukraine tensions to roil energy prices; PLUS: Intel's new $20B OH manufacturing hub...
Recent GNRs: 1/20/22 - 1/13/22 - Archives...
'So False it's Unbelievable': Plaintiff in Lawsuit Cited by Trump 'Order' to Seize Vote Systems: 'BradCast' 1/24/22
Guest: Marilyn Marks of CGG; Also: Ukraine tensions; SCOTUS takes up affirmative action...
Sunday 'Team Player' Toons
Join the party! With PDiddie's latest collection of the week's best political toons!...
Draft Trump Order to Seize 2020 Vote Systems Misrepped Longstanding GA Lawsuit: 'BradCast' 1/21/22
Also: Harold Meyerson on building back BBB; Shell's billion dollar 'carbon capture' scam...
Trump Crime Family's Very Bad Week Gets Much MUCH Worse: 'BradCast' 1/20/22
Also: In vote of historic shame, Manchin and Sinema join Senate Republicans to undermine voting rights and American democracy...
'Green News Report' 1/20/22
  w/ Brad & Desi
Breaking up Build Back Better?; Tonga devastated by volcano, tsunami; Extreme heat records in Southern Hemisphere; PLUS: Exxon pretends to care about the climate...
Recent GNRs: 1/13/22 - 1/11/22 - Archives...
On the Media, One Year In
and One Year Out: 'BradCast' 1/19/22
Guest: Eric Boehlert of Press Run; Also: SCOTUS okays release of Trump Jan. 6 records; NY A.G. details 'fraud' by Trump family; Fox Nation gets an hilarious 'hard no'...
GOP Gerrymanders 'Not So Bad' for Dems This Year? Think Again, Argues Expert: 'BradCast' 1/18/20
Guest: Brennan Center's Michael Li: Also: No fraud found in AZ; TX rejecting VBM requests...
Sunday 'National Treasure' Toons
Be sure to steal a moment for PDiddie's latest collection of the week's best toons...
DOJ 'Turning the Screws' on Path to Trump with Oath Keepers Sedition Charges: 'BradCast' 1/14/22
Guest: Marcy Wheeler; Also: WI judge bans drop boxes; OH Supremes nix GOP maps...
'Green News Report' 1/13/22
Offshore wind on NY, NJ horizons; 2021 oceans warmest ever recorded; Extreme weather spikes food, commodity prices; PLUS: EPA cracks down on toxic coal ash ponds...
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...


Also: In vote of historic shame, Manchin and Sinema join Senate Republicans to undermine voting rights and American democracy...
By Brad Friedman on 1/20/2022 5:50pm PT  

Today on The BradCast: While this week will be seen by history as a shameful one for American democracy --- or, more specifically, for 50 Republican Senators and 2 Democratic ones --- it may also eventually become a celebrated week for all of the encouraging criminal accountability news that is now coming in on what seems like an hourly basis for our disgraced and failed former President. [Audio link to full show is posted below this summary.]

Among the many stories covered today...

  • After a year-long kabuki drama, played out only for the benefit of obstructionist Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), both have decided to include themselves in American history's hall of shame by siding with segregationists, anti-democracy activists and Republican authoritarians in the U.S. Senate to block much-needed protection for voting rights and American democracy. While claiming to support the critical, combined Freedom to Vote: John R. Lewis Act --- which would have helped to standardize voting rights for all, combat the GOP subversion of election results, ended dark money in campaigns, blocked partisan gerrymandering in all 50 states and restored what SCOTUS broke in the Voting Rights Act in 2013 --- the two both voted to ensure none of it could happen. They chose to embrace the Senate's undemocratic filibuster rule instead, just as opponents of civil and voting rights have done over decades of American history. We put a bow on the year-long saga today, share parts of Wednesday night's maddening debate, and join Sen. Raphael Warnock (D-GA) in his vow from the Senate floor to keep coming back "again and again and again" until the job of protecting and saving American democracy is won.
  • In far less grim news today, the very very bad week for the Trump Crime Family continues to worsen. After Wednesday's devastating loss at his own packed and stolen U.S. Supreme Court, documents from the Trump White House regarding January 6, 2021 have reportedly begun flowing from the National Archives to the bi-partisan U.S. House Select Committee investigating the 2021 attack on the U.S. Capitol and Donald Trump's attempt to steal the 2020 election. We review a few interesting points of note from the High Court's crushing 8 to 1 ruling [PDF] rejecting Trump's claim of Executive Privilege in his failed effort to block the release of thousands of documents to the Committee, including what could be some very incriminating video tape.
  • With hopes of hiding behind Executive Privilege all but dashed by SCOTUS, the ability of Trump's henchmen to avoid subpoenas for documents and testimony by the Jan 6 Committee is quickly fading as well. On Thursday, Ivanka Trump became the first family member to receive an invitation --- not yet a subpoena --- from the House Committee to answer a number of key questions about her role in January 6th, and her various reported contacts with her father that day and in the days prior. The letter from Committee Chair Bennie Thompson (D-MS) makes clear that the Committee already has a great deal of information. It will be tricky for Trump's daughter, who served as a White House advisor, to avoid speaking with them. It will be a crime if she lies to them.
  • But that's not all. After New York State Attorney General Letitia James detailed evidence of years of bank, insurance and tax fraud by the Trump family this week, on Thursday, Trump's bad week became still worse. Fulton County (Atlanta) District Attorney Fani Willis asked a state Superior Court Chief Judge today to impanel a special grand jury in her nearly year-long probe of the apparent criminal conspiracy by Trump and many others (including WH Chief of Staff Mark Meadows, Sen. Lindsey Graham, Rudy Giuliani and more) to harangue, harass and threaten state election officials into reversing results of the Peach State's 2020 Presidential election, won by Joe Biden, in favor of Trump. Willis has said she will decide in the first part of this year whether or not criminal indictments are warranted for "potential violations of Georgia law prohibiting the solicitation of election fraud, the making of false statements to state and local government bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.” Uh, oh.
  • Finally, Desi Doyen joins us for our latest Green News Report, covering the likelihood that Biden's Build Back Better bill, also blocked by Joe Manchin, will now have to be broken up into smaller chunks; the devastating volcano and tsunami disasters in Tonga; smashed heat records in the Southern Hemisphere; and Exxon's new ploy to pretend they give a damn about climate change...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Brennan Center's Michael Li; Also: AZ County finds no 2020 voter fraud; TX counties rejecting absentee applications under new law; Giuliani, other Trump fraudsters subpoenaed by House Jan. 6 Committee...
By Brad Friedman on 1/18/2022 6:53pm PT  

On today's BradCast: The ongoing GOP effort to undermine American democracy by making it harder to vote and easier to cheat in elections continues amid the fallout from Trump's attempt to steal the 2020 election. While you might think Republicans would pay a price for joining him in that effort, its Democrats --- and voters in general and American democracy itself --- paying the price, even as the Big Lie continues to fall further apart with each passing day. [Audio link to full show follows this summary.]

As you know, Republicans have been using false claims of massive (and, apparently, evidence-free) "voter fraud" in the 2020 election as a pretext to adopt new voter suppression and election subversion laws in GOP controlled states. The fruits of those corrupt efforts are already paying off. In Texas, for example, County Clerks across the state are reporting that the state's new anti-voting law, S.B.1, is forcing them to reject hundreds of legitimate absent ballot applications in one of the most difficult states in the nation to vote by mail already.

New I.D. requirements for ballot applications have resulted in rejections of nearly half of the absentee applications in Travis County, home to the state's capital of Austin. Worse, the state's Secretary of State has yet to issue rules for how County Clerks may legally notify or help the rejected voters to cure their applications in advance of the state's March mid-term primaries. (The application deadline is Feb. 18.)

Many of the rejected applications are from voters that have been voting by mail for years. But the new state law now requires applicants to include either a drivers license number or state I.D. number or the last four digits of their Social Security number on the application. While some don't notice the new requirement and are rejected on that basis, others do include one of those numbers, but are still being rejected! Why? As Democrats had warned when trying to block the bill, the TX law now requires that whichever number a voter uses on their application must match the number on their voter registration form, many of them completed years ago. If the voter includes a drivers license number on their application, for example, but their registration includes a State I.D. number instead --- or no number at all (as is the case with millions of voter registrations in the Lone Star State) --- their applications must now be rejected. Mission accomplished?

Meanwhile, the GOP's Big "voter fraud" Lie continues to fall apart in Arizona, where Joe Biden has been confirmed many times over to have lawfully defeated Trump in 2020. On Friday, in the second largest county in the state, Pima (home to Tucson), the Pima County Attorney's Office determined that, of the 151 cases referred to them as possible cases of voter fraud after 2020, ZERO actually merited criminal charges. There remain a handful of possible fraud cases elsewhere in a the state (less than 50). But, of course, if all known cases of possible fraud in Arizona turned out to be actual fraud and all of those votes were somehow in favor of Biden, there still wouldn't be nearly enough fraudulent ballots to reverse his 10,000+ vote victory out of about 3.2 million ballots cast in the state. Nonetheless, in AZ as well, Republicans are using their lies about "voter fraud" to make it harder to vote and easier for them to cheat in elections.

But the biggest story on today's BradCast involves gerrymandering, perhaps the most critical reason our federal government and our democracy has become so seemingly irreparably broken. Democrats in the U.S. Senate this week have combined the combined Freedom to Vote Act (which, among many other critical election reforms, makes partisan gerrymandering unlawful in all 50 states) and the John Lewis Voting Rights Advancement Act (which restores the requirement for federal pre-clearance of new election laws in states with a history of racial discrimination in elections after SCOTUS gutted the landmark provision) into one single bill called the Freedom to Vote: John R. Lewis Act. All 50 Democrats in the majority claim to support the newly combined bill. Zero Republicans do. But unless two Democratic Senators (Sinema and Manchin) agree to modify the Senate filibuster rule to allow democracy-saving legislation to be adopted with a simple majority vote, none of it will become law and the GOP efforts to game elections will be largely free and clear through 2022.

For several years, experts have been warning that, following the 2020 Census, the new round of redistricting was going to be very bad for Democrats in GOP-controlled states. That, after the U.S. Supreme Court gutted the Voting Rights Act in 2013 and later declared that federal courts may have no say at all on the issue of partisan gerrymandering, But, with about half of the new maps now redrawn by states in advance of the 2022 mid-terms (with several being challenged in state courts), are they as bad as many pundits had foretold?

A number of redistricting experts of late have suggested that the new maps aren't nearly as bad for Dems as they might have been. But is that true? We're joined today by Brennan Center's Senior Counsel for its Democracy Program, MICHAEL LI, who serves as the non-partisan organization's redistricting expert.

Last week, in an op-ed for Washington Post, Li describes the notion that gerrymandering hasn't been too bad for Democrats this year as a "misleading narrative" for a host of reasons. Experts, he notes, had predicted a bunch of safe Democratic seats would be remapped into Republican districts. "They expected Democratic seats to fall," Li explains. "But instead, what Republicans are doing is shoring up the disproportionate advantages they already hold" following the extreme partisan gerrymanders from 2011.

"In Texas, under the old maps, Democrats have 36% of the seats. Under the new maps they have 37% of the seats, so very little change," he tells me by way of just one example. "But the competition is gone. So whereas under the old maps there were competitive districts, under the new maps, even if Democrats got 58% of the vote [across the state], they would still have the same 37% of the seats, which hardly seems fair. Even if Texas turned deep blue, Republicans would have almost a 2-to-1 advantage. That's the perniciousness of the state's gerrymander."

There are other examples, in North Carolina for instance, where the maps are currently being challenged in state courts. We also discuss how the Supreme Court's unwillingness to hear partisan gerrymandering cases has affected all of this and whether or not the Court will similarly begin to turn away racial gerrymander cases as well in the not too distant future.

Li goes on to explain why the Freedom to Vote: John R. Lewis Act --- if Republicans or Manchinema were to allow it to be passed into law --- "would be a game-changer" on this issue. It "would transform redistricting. There would be a ban against partisan gerrymandering in Congressional redistricting. It would be easy to calculate and figure out whether a map violates that and, if a map does, then it's blocked from use pretty automatically, perhaps even in time for 2022 if Congress were to pass it soon."

But, alas, unless there are some surprises in the Senate this week, the bill is unlikely to pass anytime soon. So, what's left? Should Democratic-controlled states, in order to save democracy itself before the 2024 elections, gerrymander their own maps as aggressively as Republicans have? As much as it pains me to do so, I have previously argued that they should. Does Li agree? Tune in to find out!

Finally, before we go, the mid-show breaking news that Rudy Giuliani and a number of others who were very close to the disgraced former President as he was attempting to steal the 2020 election have now been subpoenaed by the House Select Committee investigating the January 6th attack on the U.S. Capitol...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Marcy Wheeler of Emptywheel; Also: WI judge bars all ballot drop boxes; OH Supremes nix GOP-gerrymandered state, U.S. House maps...
By Brad Friedman on 1/14/2022 6:45pm PT  

We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Also: A history lesson for Manchin; And Biden finally calls for Senate filibuster reform to pass voting rights and election protection legislation...
By Brad Friedman on 1/11/2022 6:47pm PT  

As it turns out, it wasn't an attack from highly skilled opposition mercenary warriors trained in the art of espionage, deception and surprise attacks that took down the Cyber Ninjas. It was their own incompetence, dishonesty and hopes of escaping huge court fines for failing to follow the rule of law that appears to have done them in. Or, perhaps they're just in hiding, ready to pounce again when they are least expected! [Audio link to full show is posted at bottom of this summary.]

First up on today's BradCast, however, before we get to the "death" of the Ninjas and their ongoing clown show, President Biden and Vice President Harris traveled to Atlanta on Tuesday to call for U.S. Senate filibuster reform in order to pass voting rights and election protection legislation with a simple majority. That, in hopes of countering voter suppression and election subversion measures being adopted by GOP controlled states across the nation.

All 50 Senators who caucus with the Democrats (plus Vice President Harris) are on record in support of the critical Freedom to Vote Act and John Lewis Voting Rights Advancement Act. But in the U.S. Senate, while that simple majority vote may be enough to cut taxes or allow drilling and mining on previously protected federal lands or seat Supreme Court Justices for life, it's currently not enough votes to protect American democracy. Not with the Republican Party now fully in opposition to both voting rights and democracy while Senate rules require a 60-vote super-majority to pass both pieces of legislation.

As Biden pointed out in his remarks today --- for the first time, offering a full-throated call to reform the Senate rules --- the united GOP opposition to voting rights is fairly new. Until recently, even Republicans voted in support of expanding and protecting voting rights at the federal level --- at least enough of them to overcome a Senate filibuster. But not anymore. At the same time, obstructionist Democrats Joe Manchin (WV) and Kyrsten Sinema (AZ) have refused to allow the majority to create a carve-out to the filibuster --- akin to hundreds of others in the Senate --- to adopt the legislation that both of them claim to support.

This week, Manchin even went so far as to describe the filibuster to reporters as a critical Senate tradition that has been in place "for 232 years." In fact, the filibuster as we now know it has been in place since 1975, as historian Max Kennerly explained on a Twitter thread in response to Manchin. "232 years ago, in 1790, a simple majority could end any debate," he notes. And Adam Jentleson, Harry Reid's former Chief of Staff who wrote a book on the filibuster, went so far as to alert Manchin to how much the Constitution's framers virulently opposed a super-majority requirement for anything at all, quoting both "father of the Constitution" James Madison and Alexander Hamilton from The Federalist Papers. (Which is why there is no such requirement in the Constitution.)

"Sadly, the United States Senate — designed to be the world's greatest deliberative body — has been rendered a shell of its former self," Biden, a former six-term Senator, declared in his impassioned remarks on Tuesday, describing the filibuster as having been "weaponized and abused."

Whether the Biden/Harris calls in Atlanta for reform will have any effect on the clueless Manchin and the similarly disinformed or dishonest Sinema remains to be seen. Senate Majority Leader Chuck Schumer continues to insist that "failure is not an option", vowing a series of votes on the matter between now and Monday's Martin Luther King Day holiday.

Meanwhile, the GOP fight against election integrity may have hit a few embarrassing snags after their infamously failed "post-election forensic audit" in Maricopa County (Phoenix), Arizona last year. As you already know, the state GOP Senate's taxpayer funded audit theater found no Chinese bamboo in the County's 2.1 million hand-marked paper ballots, but it did declare that Joe Biden defeated Donald Trump by even more votes than originally certified. And if you follow The BradCast, you also may know that real election audit experts discovered that even those numbers were apparently "made up out of whole cloth" by the Ninjas, whose actual count of the ballots (never mind the results on them) was off by tens of thousands.

The final report that the Ninjas and its CEO Doug Logan produced last year on behalf of the GOP State Senate, also included 77 claims of "possible" fraud in the County's reported tallies and other questions to raise alarms about the legitimacy of tens of thousands of "maybe" illegal votes.

As it turns out, however, according to a 93-page, point-by-point rebuttal [PDF] of each of those claims, released last week by the Republican-majority Maricopa County Board of Supervisors after months of investigation, 76 of the Ninjas' 77 claims were completely wrong.

For example, according to the Ninjas' final audit report, 5,295 voters "potentially voted in multiple counties" in Arizona. The county found, however, that, in reality, just 5 voters may have done so. (They've forwarded their findings to the state AG). The Arizona Republic's Jen Fifield offers a helpful, detailed summary of most of the key rebuttals from the County, explaining how the Ninjas got it so embarrassingly wrong on virtually every "misleading, inaccurate and false" score.

The County's response to the Ninjas' pathetic report was mostly lost, however, amid the news the next day that the Cyber Ninjas were claiming to be no more. A spokesperson announced that they had shut their doors and all employees, including founder and CEO Logan, had been let go, following a contempt ruling from an Arizona Superior Court Judge. He found that failure by the Ninjas to turn over thousands of pages of public records documenting their "audit", its financing, and their communications with officials about it in two separate lawsuits violated the law. The plaintiffs sought a $1,000/day penalty until the documents were turned over. The judge informed the Ninjas they would be fined $50,000/day instead! They then declared they no longer existed, like a ninja disappearing into the night! Except they are really shitty ninjas.

The judge has stated that their claims at insolvency in an attempt to shut down to avoid the court fines was not going to work, threatening to apply the $50,000 daily fine to individuals with the company, like "former" CEO Logan. As it turns out, Logan formed a second company last year named Akolytos, using the same business and mailing addresses as the Cyber Ninjas. But his hopes of escaping the court fines through that second company may not work either, as journalist Kim Zetter details in her latest, excellent Zero Day newsletter. SAD!

Finally, as the Northeast grapples with a brutal cold snap today, Desi Doyen joins us for our latest Green News Report, detailing the record warmth of 2021, and the disturbing increase in emissions causing our climate emergency over the past year...

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Omicron rising; Emissions rising; Calls for Trump accountability rising...
By Brad Friedman on 1/10/2022 6:33pm PT  

As usual, there is nothing but fantastic news on today's BradCast! (Okay, maybe that's not entirely true. But the caller segment was lively!) [Audio link to full show is at the end of this summary.]

Among the stories covered and/or referenced today...

  • Don't be fooled by those claims that Omicron may be "less severe" than previous variants of the coronavirus, or that it only causes "mild" symptoms in most people. As of Monday, according to Reuters, the U.S. broke its all-time COVID hospitalization record, as hospitals are once again forced to cancel elective procedures while Omicron surges. Cases, hospitalizations and, yes, deaths are all rising, with deaths now averaging about 1,700/day (up from 1,400/day just a few days ago --- and nearing the height of the Delta surge just weeks ago.) The vaccinated are still FAR less likely to be infected, hospitalized or killed.
  • A new study released Monday from Europe's Copernicus Climate Change Service finds the last seven years have been the hottest on record globally, with 2021 coming in as the fifth warmest year ever recorded.
  • And the U.S. isn't helping. We're going the wrong way. Another new study published on Monday, from the Rhodium Group, finds that American greenhouse gas emissions from energy and industry rose 6.2% in 2021. In order to meet our commitments to the Paris Climate Agreement (and President Biden's goal of lowering U.S. emissions 50% below 2005 levels by 2030, and reach net-zero by 2050 --- not to mention, to try and save humanity), we need to decrease emissions by at least 5% each year. That said, 2021 could have been worse. One reason for the increase in 2021 was the unprecedented 10% decrease in emissions fueling man-made climate change in 2020, during the pandemic lockdowns. We're still below 2019 levels, for what it's worth. But we need to do much better. And quickly.
  • The Build Back Better Act would help that! It would, among many other transformative things, make an unprecedented historic investment in speeding the transition in the U.S. from dangerous, dirty fossil fuels to clean, renewable energy. But with that bill stalled in the Senate for now, thanks almost entirely to obstructionist Sen. Joe Manchin (D-coal industry), Dems are pivoting back to voting rights and election protection legislation this week in advance of next week's Martin Luther King Day holiday. But, of course, to pass the critical Freedom to Vote Act and John Lewis Voting Rights Advancement Act, they will still need to reform the filibuster, since the Republican Party is now radically opposed to voting rights and democracy. And to reform the filibuster to protect democracy, Manchin and obstructionist Sen. Kyrsten Sinema (D-Kyrsten Sinema) will have to agree to play along. Good luck with that, Dems! (Seriously. Good luck!)
  • But whether Dems successfully reform elections or not, unless those who tried to steal the 2020 Presidential election in broad daylight are held criminally accountable, they will almost certainly try to do it again in the near future. And this time they'll be better prepared. Last week at The Guardian, Sidney Blumenthal offered a fascinating, detailed report on both the January 6th insurrection and the year-long attempted coup that got us there. The dunderheads and dupes that were hoaxed into storming the U.S. Capitol were, as Blumenthal reports, merely "the tip of the iceberg". The insurrection was, he explains, merely the end result of a year-long attempt to carry out a coup to steal the election, as organized by Koch Network-funded activist and legal groups like the American Legislative Exchange Council (ALEC), Public Interest Legal Foundation (PILF), and the secretive rightwing Council on National Policy (CNP). Those groups plotted hand-in-glove with state and federal public officials in Congress, at Trump's DoJ, at the Pentagon and, of course, at the White House itself. And yet, nobody other than the dupes and dunderheads have yet been charged by the Dept. of Justice for one of the greatest attempted crimes in U.S. history.

    During the holidays, our guest host Nicole Sandler interviewed longtime independent investigative journalist Marcy Wheeler of Emptywheel, who has been tracking the DoJ's probe and indictments of insurrectionists --- as well as the higher-ups who plotted the year-long coup attempt --- as close as anyone. Wheeler argued that those who have been critical of Attorney General Merrick Garland for not doing enough to date (including us!) haven't been paying close enough attention. She explained how the House Select Committee on the January 6 attack is working from the top-down and how DoJ (who, don't forget, raided Giuliani's home, office, computers and telephones soon after Biden took office and is still working through those documents) is working from the bottom-up. Wheeler details that both probes may almost be at the same place now, just a step or two away from Donald Trump himself.

    Moreover, during remarks last week at the DoJ to commemorate the first anniversary of the 1/6 attack and the subsequent largest investigation in the Department's history, Garland explained: "The Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under law --- whether they were present that day or were otherwise criminally responsible for the assault on our democracy. We will follow the facts wherever they lead."

    So, with all of that in mind, should we feel better about what Garland and the DoJ are now up to? We open the phones to listeners to get a sense of exactly that...

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Republicans remain shamefully disinformed one year later; Biden calls out predecessor's 'web of lies conceived and spread for profit and power'; American democracy remains in peril...
By Brad Friedman on 1/6/2022 6:41pm PT  

While we've been citing the New York Times Editorial Board's headline from New Years Day of late on The BradCast, declaring that "Every Day is Jan. 6 Now", today it quite literally was, as the nation marked the grim first anniversary of Donald Trump's final, deadly and failed attempt to steal the 2020 election. [Audio link to full show is posted below this summary.]

We'll let you tune in for details of our special coverage today, in which we discuss some difficult realities in the ongoing fight to save American democracy. Trump's attempted coup might have failed on January 6, but his evidence-free lies about the election have succeeded in duping nearly 80% of Republicans into believing that Joe Biden's victory was not legitimate. That, despite the lack of any evidence, more than one year later, that the election results were fraudulent in any state.

As noted on today's program, authoritarianism and fascism, it seems, have had far greater success over the centuries for a reason. They are much easier than democracy, which requires truth, facts, transparency, public oversight and public participation in its defense. But, if you are lied to, if you don't know what is actually going on in our country, in your government, if you don't know the facts, it is difficult to defend them or democracy itself.

But we will keep striving to do so, by bringing you independently verifiable facts every day for as long as we can --- in a way that doesn't require you to simply trust us --- in hopes of somehow, someday, someway, restoring a sense of a shared reality from which we can all take action.

Toward that end, both Vice President Kamala Harris and President Biden offered remarks today from inside the U.S. Capitol Rotunda, one year after it was attacked by a duped MAGA Mob ginned up by Donald Trump to believe that his lies about the election had any relation to reality. On that day, and those that followed, some his supporters, as well as several U.S. Capitol and D.C. law enforcement officers, paid the price with their lives, along with nearly 150 officers who were injured in the unprecedented assault.

We share both Harris' and Biden's words today, each of whom underscored yet again the necessity of federal legislation to shore up voting rights to counter the GOP's newly enacted schemes to subvert elections and overthrow democracy itself.

For his part, Biden forcefully called out the failed former President in blistering remarks in which he accused Trump and his supporters of holding a "dagger at the throat of democracy" in an "armed insurrection" one year ago.

"We must be absolutely clear about what is true and what is a lie," Biden urged. "The former President of the United States of America has created and spread a web of lies about the 2020 election. He’s done so because he values power over principle, because he sees his own interests as more important than his country’s interests and America’s interests, and because his bruised ego matters more to him than our democracy or our Constitution. He can’t accept he lost."

"Right now, in state after state, new laws are being written --- not to protect the vote, but to deny it; not only to suppress the vote, but to subvert it; not to strengthen or protect our democracy, but because the former president lost," he continued. "It's wrong. It’s undemocratic. And frankly, it's un-American."

"It's up to all of us --- to 'We the People' --- to stand for the rule of law, to preserve the flame of democracy, to keep the promise of America alive. That promise is at risk, targeted by the forces that value brute strength over the sanctity of democracy, fear over hope, personal gain over public good.

"Make no mistake about it: We’re living at an inflection point in history," Biden said. "As we stand here today --- one year since January 6th, 2021 --- the lies that drove the anger and madness we saw in this place, they have not abated. So, we have to be firm, resolute, and unyielding in our defense of the right to vote and to have that vote counted."

"We are in a battle for the soul of America," he charged, reiterating the argument with which he kicked off his 2020 campaign as he concluded his remarks. "I did not seek this fight brought to this Capitol one year ago today, but I will not shrink from it either. I will stand in this breach. I will defend this nation. And I will allow no one to place a dagger at the throat of our democracy."

He finished by offering a blessing for "those who stand watch over our democracy."

Finally today, at the end of somewhat dark program, some light. Just a bit. We close with a spoken word poem of some hope from Amanda Gorman, our National Youth Poet Laureate, called New Day's Lyric...

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Guest: Philly Inquirer's Will Bunch; Also: Garland vows accountability for 'all Jan. 6 perpetrators, at any level'; Coward Trump cancels anniversary presser; Hannity's insider testimony sought by House 1/6 Committee...
By Brad Friedman on 1/5/2022 6:24pm PT  

One year after the former President's attempt to steal the 2020 election by hurling the bodies of his supporters at the U.S. Capitol, we're more convinced than ever on The BradCast that, as the New York Times Editorial Board declared on New Years Day, "Every Day is Jan. 6 Now". [Audio link to full show is posted at end of this summary.]

We will soon be entering our 19th year at The BRAD BLOG of trying to warn about the ongoing and worsening threats facing American democracy. But the rising tide of authoritarianism in this nation is now more of a threat than at any time in modern decades. If American democracy falls, so does virtually every other pressing demand, like the need to save humanity from the ravages of climate change. So, yeah. It's kind of important, and we will continue to stay on this beat as long as necessary, as long as we can.

Toward that end today, the despicable, disgraced, twice-impeached, failed, loser of a former President, Donald Trump, who lied about voter and election fraud in order to try and steal a Presidential election, cancelled his planned press conference at Mar-a-Lago on the first anniversary of his pathetic, desperate and deadly attack on the U.S. Capitol. As it turns out, he's both a coward and didn't actually have anything to say that hasn't already been heard and/or debunked as bullshit.

His ridiculously (but not surprisingly) childish statement announcing he was calling off the presser came just hours after his pal, Sean Hannity of Fox 'News', was politely invited to answer questions from the U.S. House Select Committee investigating the Capitol assault and Trump's attempt to steal the election which lead up to it. The Committee makes clear in its letter [PDF] that they have already obtained many documents from others regarding Hannity's insider status and direct conversations with Trump in the days before, during and after the attack. While the Committee explained their efforts to go out of their way to avoid any First Amendment press freedom issues with Hannity, and even tried to appeal to his (pretend) patriotism, its unclear whether the Fox propagandist will cooperate.

Next, buttressing the persuasive argument made by Marcy Wheeler with Nicole Sandler on The BradCast last week, Attorney General Merrick Garland, facing pressure from the left to bring accountability to Trump and his cronies, addressed DoJ officials on Wednesday on the occasion of the first anniversary of last year's Capitol attack. After detailing the more than 700 arrests made to date, and at least 250 perpetrators who are still being sought for assaulting law enforcement officials that day, Garland promised the probe was far from complete and was following the facts of the case from the bottom up.

"The Justice Department remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law --- whether they were present that day or were otherwise criminally responsible for the assault on our democracy," the AG vowed, adding: "We will follow the facts wherever they lead."

He also highlighted how the U.S. Supreme Court has radically gutted the Voting Rights Act twice over the past decade, and called again for new federal legislation to give the DoJ tools they need to assure the right to vote and to combat state legislatures institutionalizing the ability to subvert election results on a partisan whim.

Finally, we're joined again today by WILL BUNCH, longtime national correspondent and columnist at Philadelphia Inquirer. Bunch was with us on January 6th last year for a wild ride of a broadcast that day as the Capitol was still under assault during the official confirmation of Joe Biden's Electoral College victory as we went to air. At the time, it was particularly unclear what exactly the MAGA Mob was doing and how they might be stopped.

Among the topics of our conversation one year later with Bunch (who just tested positive for COVID!): Lessons learned since Jan. 6 and the many questions still unknown; The many, still confusing reasons and explanations as to why it took so long for law enforcement to respond to the worse attack on the Capitol in two centuries (he suggests part of that was due to "a dog that didn't bark"); Whether or not there should have been more accountability brought by the Justice Department by now (he notes that the Watergate probe took much longer); And his thoughts on Garland's comments at the DoJ today...among much more!

"Honestly, it's taken a full year and it's taken really diligent, praise-worthy work from the January 6th Committee in the House to bring into focus some of what we saw happening that day, that we didn't fully understand in real time," Bunch observes. "What the goals were, who was behind what and why. We've learned so much in the last twelve months."

We've got a lot to discuss on today's program...

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Guest: Marilyn Marks of Coalition for Good Governance on that and MUCH more; Also: Stone takes the 5th; Judge allows Dominion's $1.6 billion defamation case to proceed against Fox 'News' ...
By Brad Friedman on 12/17/2021 7:25pm PT  

It's been a rough close of the year for those of us fighting to preserve democracy in these United States against the rising authoritarian tide from the Right. But while it's has been a tough slog for passage of federal voting rights and election protection legislation in the U.S. Senate, there have been several critical victories for fans of democracy in federal court over this past week, as covered on today's BradCast. [Audio link to full show is posted below this summary.]

First up, some quick news on the continuing probe by the U.S. House Select Committee investigating Donald Trump's attempt to steal the 2020 election by inciting an insurrection at the U.S. Capitol on January 6th. GOP dirty tricksters and longtime Trump pal Roger Stone invoked his 5th Amendment right against self-incrimination before the Committee today. While Stone is the first to admit to doing so publicly, he is the third Trump henchman to reportedly have done so to date. In 2019, Stone was convicted of seven criminal felonies, including lying to Congress and obstructing the probe into Russian interference in the 2016 election, before eventually being pardoned for all charges by Trump on his way out of office.

The House Committee appears to now be homing in on the question of, in Vice Chair Liz Cheney's words: "Did Donald Trump, through action or inaction, corruptly seek to obstruct or impede Congress's official proceedings to count Electoral Votes." If so, and if charged with and found guilty of said action or inaction, the former President could face as many as 20 years in prison under federal law.

Fox "News", on the other hand, is already in federal court, facing a $1.6 billion defamation lawsuit by the Dominion Voting Systems company. On Thursday, a federal judge denied the Republican propaganda outlet's Motion to Dismiss the case. That is a major hurdle for the private voting system vendor to have cleared, allowing their case to move on to the discovery and trial phase. Both Dominion and another private election vendor, Smartmatic, have filed several defamation suits against Fox and other rightwing media outlets, as well as Trump lawyers and allies such as Rudy Giuliani [PDF], Sidney Powell [PDF] and MyPillow CEO Mike Lindell [PDF], for their false claims that Dominion and Smartmatic stole the election for Joe Biden. Giuliani, Powell and Lindell's Motions to Dismiss in their similar defamation suits, in which the voting companies are seeking more than a billion dollars in each, were all rejected over the summer.

Next, more good court news came in late last week in the eight different lawsuits now filed challenging the state of Georgia's voter-suppression and election subversion law known as SB202. The measure was adopted by state Republicans earlier in the year on the heels of Trump's evidence-free claim that the 2020 election he lost to Biden in the Peach State was rigged, and after the elections of the state's Democratic U.S. Senators Jon Ossoff and Raphael Warnock in the January runoff.

Late last week the Trump-appointed judge overseeing all eight challenges to SB202, allowed all of them to proceed in full, rejecting the Motions to Dismiss filed by the State and Republican groups that have joined the defendants. Seven of those suits, including those filed by the NAACP, ACLU, Stacey Abrams' Fair Fight organization and the U.S. Dept. of Justice, focus largely on race-based violations of the Voting Rights Act.

The eighth case, filed by the Coalition for Good Governance [PDF], in which I am a named plaintiff representing media, challenges SB202's election subversion clause and several others which, the suit contends, violate the First Amendment of the Constitution. SB202's election subversion clause allows the State Board of Elections to replace county elections officials with partisans, for virtually any reason they like, who can then overturn elections, also for virtually any reason they like. Other provisions of the law challenged by CGG prevent the public and media outlets like our own, from basic election oversight and reporting functions that have been in place for decades if not centuries, such as the right to photograph inside of polling places or during the tallying of absentee ballots.

Earlier this year, in August, U.S. District Judge J.P. Boulee granted an injunction [PDF] on SB202's photography ban in advance of Georgia's November municipal elections. But his ruling last week [PDF] was much broader in allowing all eight challenges to the law to proceed in full toward the discovery and trial phases. It was, as my guest explains today, a major victory for all of the plaintiffs.

We're joined today by MARILYN MARKS, Executive Director of the non-partisan Coalition for Good Governance, to discuss the good news in that case, new developments in her separate, longstanding case challenging the use of Georgia's new, 100% unverifiable touchscreen voting machines made by Dominion Voting Systems and much MUCH more. We haven't spoken on air with Marks, usually a frequent guest, in about six months! So we've got a LOT to catch up with today!

Among the many points in our wide-ranging conversation...

  • Marks offers her reaction to Fox "News" losing its Motion to Dismiss in Dominion's defamation case against them; the conflicting emotions in supporting Dominion in their defamation cases, given that likely nobody in the nation has been tougher on Dominion's terrible voting systems than she has been; and why it is that, as unrelenting as she's been against Dominion for so many years (The Coalition's lawsuit seeks to ban their touchscreen systems across the entire state), the company has never sued her or her organization for defamation.
  • Speaking of the Coalition's case against GA's use of the Dominion touchscreens (which is separate from their SB202 challenge), Marks updates us on a report created for the court by plaintiff's expert Dr. Alex Halderman, finding vulnerabilities in Dominion's voting systems that are so disturbing the federal judge has sealed his report as for "Attorneys Eyes Only," meaning that even Marks has not been allowed to see it But, she notes, Dominion now has access to that report. If so, as we discuss, that means that, under California law (where several counties also use these same terrible systems), the company must now share the vulnerabilities in that sealed report with California's Sec. of State. In turn, CA must then report the vulnerabilities to the U.S. Election Assistance Commission. (The report by Halderman and the vulnerabilities he allegedly found became an issue here in the Golden State earlier this year, just prior to the California Gubernatorial Recall election in September, after Dominon's central Election Management System software was apparently stolen and duplicated under the auspices of a rightwing Mesa County, Colorado election official and released to the Internet during Mike Lindell's failed "Cybersecurity Symposium" in South Dakota.) It is unknown if Dominion has yet to share Halderman's report with the CA Sec. of State, as per state law. Marks notes that Halderman has said the vulnerabilities are "even more serious" than those found in the older Diebold touchscreens GA used to use, before they were banned by this same lawsuit and replaced with the vulnerable Dominion systems. "Dominion has to inform the California Sec. of State within 30 days of getting reports of defects, failures, etc.," she explains, "So yes, it should be happening soon."
  • Marks details why "it was a big victory" that Judge Boulee allowed all of the SB202 cases to proceed, including the one filed by the Coalition. She details how her group's challenge to SBS202 is very different from the other seven that the judge allowed to proceed as well, while he suggested that some of the overlapping cases may be combined in the days ahead. She notes that, despite being a Trump appointee, he appears to be doing a very thorough job of overseeing all of the cases, including points made by both plaintiffs and defendants alike.
  • She clarifies how even if SB202 is struck down in full, state law in Georgia would still allow much of the recent purging of Black Democratic elections officials from county boards of elections, as we discussed with one of those purged, longtime county election officials and voting rights leaders Helen Butler of The People's Agenda on the show earlier in the week. "Unfortunately, you and Helen are right about that," Marks confirms.
  • We discuss --- and have a minor difference of opinion --- regarding a recently dismissed lawsuit in Georgia that challenged the state's 2020 election results. That case, filed by a group named VoterGA, alleged thousands of fraudulent ballots were included in the 2020 results. It was dismissed in recent weeks for reasons of standing that both Marks and I find questionable. Our small disagreement is related to my argument that the case should have been allowed to proceed because, even if VoterGA's complaint was based on false claims of fraud, those who question election results (even those conned by a lying, disgraced former President) ought to be able to examine election results and ballots for themselves, as long as they pay the costs for the exercise and ballots are taken out of the secure custody of elections officials. (That, in contrast to the what we saw earlier this year in the Cyber Ninjas' clown show "audit" in Maricopa County, Arizona.) Marks, a longtime, huge advocate for transparency and public oversight of elections supports that idea, but notes that VoterGA failed to seek such oversight during the period when they could have done so under state law. Further, she explains, the group failed to join earlier efforts to the election to change state law in order to declare paper ballots and digital ballot images to be official public records, fully reviewable by citizens and groups like VoterGA and the Coalition for Good Governance.
  • Finally, Marks also offers her reaction to the recently discovered news that Trump attorney and longtime GOP "voter fraud" fraudster Cleta Mitchell, had been quietly named to an Advisory Board for the U.S. Election Assistance Commission (EAC) earlier this year. Her appointment in April was not publicly reported until November. Mitchell participated from the White House on Trump's infamous January 2nd phone call with GA Sec. of State Brad Raffensperger when the desperate, outgoing President attempted to bully Raffensperger, urging him to "find" enough votes to steal the election for him in the Peach State. The EAC, meanwhile, which Mitchell is now advising, is responsible for certifying voting systems used in the U.S. and helps states and counties on regulations and best practices for federal elections.

There is a lot of important information about elections and election integrity in today's conversation with Marks. Though we better not wait another six months to do it again or we'll have to have a three hour show!...

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Guest: Helen Butler of The People's Agenda, purged from the Morgan County, GA Board of Elections; Also: Listener mail!...
By Brad Friedman on 12/15/2021 6:28pm PT  

If you're wondering how to stay positive as America appears on the brink of a very dark authoritarian takeover by Republicans, we may have just the answer for you in the form of today's guest on The BradCast. [Audio link to full show is posted below this summary.]

Reuters has been doing an incredibly well-reported series of special reports of late on the Republicans' ongoing assault on democracy itself in America. They've covered, among other aspects, the attacks on elections officials stemming from Donald Trump's attempt to steal the 2020 election by blatantly lying about it, and even citing certain election officials by name who were subsequently targeted and terrorized --- sometimes, along with their family members --- with threats of violence and death by his supporters. They have also been very smartly covering the effects of new voter suppression laws being adopted in GOP controlled states around the nation, as part of the opportunistic fall-out from the lies that Trump told in his effort to steal last year's Presidential election.

Recently, Reuters' James Oliphant and Nathan Layne took a detailed look at the effect all of this is having on local elections officials in a state we have covered in great detail on this program: Georgia, where longtime, local election board officials --- specifically, Democratic election officials ... specifically black Democratic election officials (and frequently black Democratic women) --- are now being purged from County election boards across the state at an alarming rate.

The purge is thanks to two different state laws. One is GA's terrible new anti-voting law, SB 202, passed earlier this year, which allows for --- among other anti-democratic things --- officials on the State Board of Elections, which is controlled by the GOP state legislature and Republican Sec. of State, to replace county election officials with partisan operatives (for virtually any reason) who can then overturn election results (also, for virtually any reason.) [FULL DISCLOSURE: I am a named plaintiff, representing media, challenging several provisions of SB 202 in a federal lawsuit filed by the Coalition for Good Governance.] The other law being used even more, referred to as "local legislation", has been in place for a while, but was rarely invoked until this year in the wake of Trump's "Big Lie" after Democrats won the Presidential election in the state for the first time in years, along with both of the Peach State's U.S. Senate seats. The state law allows County Commissions to restructure their County Boards of Elections pretty much anyway they like after receiving approval for the restructuring from the state legislature.

In at least half a dozen Georgia counties that have restructured their election boards so far this year, Oliphant and Layne report, "the legislature shifted the power to appoint some or all election board members to local county commissions, all of which are currently controlled by Republicans. Previously, the appointments had been split evenly between the local Democratic and Republican parties." They detail how black Democrats --- often long-serving champions of voting rights --- have been systematically purged from those county boards and replaced with White Republican majorities in advance of next year's critical mid-terms, where popular black Democratic voting rights advocates Stacey Abrams and Sen. Raphael Warnock will both be on the ballot, for Governor and U.S. Senator respectively.

"In Morgan County, the majority-Republican county commission reconstituted its election board, ousting two outspoken Black Democrats," Reuters reports, "Helen Butler and Avery Jackson were removed after the new law eliminated political-party appointments and handed appointment power to the Republican-dominated commission. Butler and Jackson sought reappointments but were denied."

We're thrilled to be joined once again today by one of those two ousted officials, HELEN BUTLER, who served honorably on the Morgan County Board of Elections and Registration for a decade until she was pushed out this year. Butler, who we first spoke with over the summer, after she offered testimony in the U.S. Senate, is the Executive Director of the Georgia Coalition for the People's Agenda, a civil rights organization founded by the late, great civil rights icon, Reverend Dr. Joseph Lowery (who founded the Southern Christian Leadership Conference with Martin Luther King Jr.).

She is also the winner of the Voter Empowerment Collaborative's 2021 Love Award, named after the 40-year old civil rights group's legendary founder, Reverend Albert E. Love, known as "Mr. Vote," after dedicating his life to registering, educating and mobilizing voters. And Butler is also a 2021 "Defender of the Dream" awardee by the AFL-CIO Dr. Martin Luther King Jr. Civil and Human Rights Conference. We leave it to you to decide if those awards are as prestigious as Butler being named last month as a "Goddess of Democracy" in Glamour magazine's "Women of the Year" issue.

Butler describes today what is going on right now in Georgia, largely under the national media radar, as being part of the GOP's "insurrection plan nationally, that 'We are going to take over every aspect of controlling the outcome of elections, so if I don't like the results, I can put in the results that I want to have.'" She also notes that it is happening not only with boards of elections in her state, but at school boards as well.

"They're not stopping with just elections. They're trying to take over control of all aspects of government. Education departments are the largest generators of revenue in counties, so if they get to control that, they get to control all money, they get to control what our children learn, what they get, where schools are located," she warns. "So again, it's a total takeover process that they're going after...They are stacking control of all levels of government."

When I ask how much control local county boards of elections have over elections and voting processes, and even outcomes, as compared to the state itself, Butler pulls no punches: "The county levels are the ones where the rubber meets the road. They do all of the voter registration, making sure people are registered to vote. They get to determine with their redistricting process, how the maps are drawn, how people are put into those maps for purposes of voting. They also control who gets an absentee ballot, whether it gets counted or is rejected. If there are provisional ballots, they get to determine which ones are counted, which ones are rejected. They get to certify the results --- they get to count all of the votes that are cast. And they get to certify who gets to win each race. So they are very critical... and if you stack it so those people can conform to a lie versus the truth, then you don't get true democracy... you get an autocratic form of government, because someone wants it to go a certain way, and not necessarily to the will of the voters."

With that, Butler explains, "they can control the outcome of all elections." And while all of this sounds --- and is --- quite chilling, Butler's optimism, as you'll hear, is absolutely infectious. As dark as the topic of discussion is, you'll be astounded to walk away from this conversation actually feeling somewhat better about everything...including the possibility of federal legislation in the form of the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act actually being adopted by the U.S. Senate, and maybe even saving democracy in Georgia and everywhere else before all is said and done. She explains how those bills will go a long way toward reversing the worst of the GOP's now-ongoing assault on American democracy and, if passed, could be "our saving grace."

"I always try to be optimistic, to look for the good things rather than dwell on the bad," she tells me, as she also explains how Americans across the country can help right now. "It's very important we get those bills passed...As my leader, the late Dr. Joseph Lowery said, 'Voting is a sacred right, but it's also a moral obligation.'"

Tune in for much more in today's conversation. You can thank me later.

Finally, we close today with a listener mail segment, including some great letters from listeners in response to several recent shows that may help you keep Butler's infectious optimism going through the holidays...or at least for the next few hours...

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Guest: Legal expert John Bonifaz of Free Speech for People; Also: GOP gerrymandering getting worse, Dems running out of time to stop it...
By Brad Friedman on 11/5/2021 6:31pm PT  

On today's BradCast: There is a long list of pretty clear crimes that Donald Trump and his cronies have committed and might have been charged with by now. So far, however, a full year since he lost the election and nearly eight months since Merrick Garland was sworn in as President Biden's Attorney General, there is little sign of accountability for the disgraced former President at the federal level. Citing what they describe as a failure to meet this critical moment for the nation, some legal and Constitutional experts are now calling for Garland to resign. [Audio link to full show is posted below this summary.]

It's not as though the U.S. Department of Justice hasn't been busy in the wake of Trump's four years of undermining both the rule of law and the DoJ itself. They have, to date, brought charges against nearly 700 rioters incited by Trump to attack the U.S. Capitol in hopes of stealing the 2020 election somehow on January 6th.

In recent days, the Department has also filed two federal lawsuits against the state of Texas for their new voter suppression law and their clearly unconstitutional new law banning most abortions in the state. They've also brought suit against the state of Georgia in recent months, challenging their new voter suppression law as well.

Meanwhile, active investigations into Trump's potential violations of law are underway by state and local prosecutors both in New York and Georgia. But, at the federal level, there seems to be nothing, at least in sight, despite a laundry list of legal transgressions by the former President and his accomplices, dating well before his term in office and continuing right up through the very end.

"Over the past thirty years, Merrick Garland served with distinction as a federal prosecutor and then as an appellate judge," a new statement [PDF] and campaign by the nonpartisan legal advocacy nonprofit Free Speech for People (FSFP) begins. "Unfortunately, as Attorney General for the past eight months, he has failed to take any meaningful action to hold accountable former president Donald Trump and his co-conspirators for attempting to overthrow the government on January 6, 2021 and a flurry of criminal acts in the months and years leading up to that date. Instead, he has adopted indefensible positions of the Trump Department of Justice (DOJ) to protect Trump from accountability. Since Garland is unwilling to step up, it is time for him to step down."

Their statement this week concludes: "As long as Trump and his co-conspirators walk free, American democracy is in danger. We need an Attorney General who understands that danger and is willing to take action to protect democracy and the rule of law. Merrick Garland must resign."

In response to FSFP's campaign launched on Thursday, Laurence Tribe, Harvard Law School's renowned legal scholar and Professor Emeritus, tweeted out on Thursday night that while he was "not ready to join this movement", he believes it is "worth noting" as it comes from "serious and responsible" people. "DOJ must take note," he warned.

Joining us to discuss their call for Garland to step down is FSFP's "serious and responsible" Co-Founder and President, JOHN BONIFAZ, a longtime, well-respected Constitutional expert, author and accountability champion. Back in January, before Garland was even sworn in as Attorney General, FSFP led a campaign with nearly a dozen other good government groups and some 200,000 individuals who signed on, calling for the nation's top cop, once sworn in, to form an independent task force to investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."

Now, months later, with no sign of any such task force OR investigation, FSFP has regrettably determined that Garland is not up to the task, with Bonifaz citing the apparent lack of charges --- at least so far --- against former Trump advisor Steve Bannon as "the last straw". Bannon was referred by the U.S. House for criminal Contempt of Congress to the DoJ two weeks ago. But as the group's statement observes, after detailing a panoply of apparent, if uncharged Trump-era crimes: "The last time that the House referred a contempt of Congress charge to DOJ, then-President Reagan’s prosecutors immediately brought the matter to a grand jury; it returned an indictment just nine days after the House vote."

In response to my questions as to whether federal probes could be ongoing at DoJ, but we simply don't know about them yet, Bonifaz cites the agency's prosecution of Trump lawyer Michael Cohen for charges related to a criminal conspiracy the DoJ declared at the time was "directed" by Trump, and the ten or more instances of Obstruction of Justice by the then-sitting President, as cited by Robert Mueller's Special Counsel investigation. While it has been DoJ's (ridiculous) policy that sitting Presidents may not be indicted while in office, that excuse is long gone, Bonifaz argues. "The fact that there's been no action whatsoever on any of these offenses, including the ones that were well-established the moment that Garland took office as Attorney General --- that is deeply concerning, and signals that they ultimately do not intend to engage in holding him accountable. We're ready to be surprised, but at this point, nine months after he has taken office, we need new leadership at the Dept. of Justice, in our view, to ensure that the rule of law is enforced."

Does Bonifaz believe that Biden's DoJ may be trying to protect the office of the President itself from charges of political bias or from the DoJ being used as --- or being seen as being used as --- a political weapon? "What is at issue is that the Donald Trump Administration and Donald Trump himself used the Dept. of Justice as his own private agency to cover up. So what's critical now is that the Justice Department establish itself as an independent agency that's not going to carry out the political agenda of the President. If anything, doing what they're doing, in this particular instance, indicates somehow that they may have political considerations at stake," he contends. "That they may not want to engage in indicting a former President because of the impact it will have on the current President and his own political agenda --- that is just as wrong as a decision by Donald Trump to misuse the Justice Department for his own political purposes."

"There is no get-out-of-jail-free card because it's hard for the nation to handle it, or because we somehow need to come up with this fiction that the President is protected in a special way than others are," he asserts. "He's a former President, and if he engaged in these federal crimes, he needs to be held accountable."

There is, of course, MUCH more from Bonifaz today on all of this, including whether he thinks folks like Harvard's Tribe and other accountability groups may sign on to FSFP's effort) they are collecting signatures on a petition at GarlandMustResign.org); the outrage of actual legal protections the DoJ has been offering on Trump's behalf in court; and whether he believes that state prosecutors in New York and Georgia, at this point, are more likely to ultimately bring at least some accountability for at least some of Trump's many crimes.

Also on today's show, more troubling evidence of outrageously extreme partisan gerrymandering being enacted as we speak by Republican-controlled states around the country, and the need --- for the survival of democracy itself --- for Democrats to step up in response, whether by partisan gerrymandering states that they control or, preferably, by passage of federal voting rights and election reform legislation in Congress, such as the Freedom to Vote Act, to ban partisan gerrymandering in all 50 states prior to the 2022 midterm elections...

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FL blocks Univ. of Florida profs from serving as expert witnesses in lawsuits against the state; SCOTUS may be having second thoughts about TX' unconstitutional anti-abortion law; And more chilling stories of democracy dying before our eyes...
By Brad Friedman on 11/1/2021 6:23pm PT  

The through-line for today's BradCast comes courtesy of Meathead. Actor and director Rob Reiner was arguing, via Twitter over the weekend, that "until Donald Trump is prosecuted for leading a deadly Insurrection to overthrow the Government and Voting Rights are passed," we are witnessing the death of Democracy.

He was much more correct than he may have realized. But the stories we cover today --- only half of those we had hoped to get today, and none of which directly covered the two issues Reiner was referring to --- underscore that theme. If it's not immediately obvious, tune into today's show to find out how.

Among the stories covered, discussed, explained, warned about, expounded and ranted upon on today's program (along with listener calls throughout)...

  • Election Day is Tuesday in states across the country. As discussed last week, democracy itself is on the ballot in New York state. But most attention on Tuesday has been going to Virginia, where Trump-endorsed Gubernatorial candidate Glenn Youngkin has now taken a lead in FiveThirtyEight's pre-election polling average over VA's former Democratic Governor Terry McAuliffe. We explain why history is on Youngkin's side. Perhaps by Wednesday we'll find out if the voters in Virginia are as well, as democracy is not yet dead (hopefully) in some pockets of the nation.
  • In Florida, a simply remarkable and, yes, chilling story. The University of Florida has barred three professors --- each one an expert in democracy and voting rights (two of whom have appeared on The BradCast multiple times over the years) --- from testifying as expert witnesses for the plaintiffs in a challenge to the state's new voter suppression law passed earlier this year. The measure, signed on Fox "News" by Republican Gov. Ron DeSantis, surrounded by Trump supporters and with local media locked out entirely, restricts the use of drop-boxes for absentee ballots, while making it more difficult to obtain Vote-by-Mail ballots and harder to register to vote, among other democracy killing provisions. The university (whose Board of Trustees is headed up by a close DeSantis confidante and major GOP donor) claims that testifying against a state law would represent a conflict of interest for UF. That's an idea that is unheard of, frankly, and would prevent experts in their fields from being able to testify on their expertise in states in which they live and work. The same profs were never prevented from doing so in the past and experts on academic freedom describe this novel notion as unprecedented. A lawsuit seeking the review of documents from DeSantis on this matter, to determine his involvement in the University's decision, was filed on Friday.
  • At the U.S. Supreme Court on Monday, the new "unprecedented" anti-abortion law in Texas, barring the otherwise Constitutionally protected medical procedure after just six weeks of pregnancy, before many women even known they are pregnant, was heard on SCOTUS' rocket docket just two months after they'd allowed it to take effect in the Lone Star State. The matter in question is whether a case filed by abortion providers in the state and another by the U.S. Department of Justice should be allowed to proceed, despite the virtually unquestioned matter of the new state law, S.B. 8, violating Roe v. Wade. The reason the question even arises is because Texas purposely structured the law in a way that hopes to side-step any and all judicial review of the law. That is done by the statute empowering members of the public with a right to file a civil lawsuit against anyone who, in any way, aids a woman in receiving an abortion after six weeks. Under S.B. 8, plaintiffs may even sue an Uber driver who brought a woman to a clinic, for at least $10,000, and the State argues that because they are not enforcing the law, members of the public are doing so, the law cannot be challenged in either federal or state court.

    But even far-right Republican Justice Brett Kavanaugh (and, of course, Justices Sonia Sotomayor and Elena Kagan) was able to put two and two together during today's hearing to realize that if this type of law is allowed to go forward, states could adopt laws that effectively outlawed many other long-settled Constitutional rights, and avoid judicial oversight in the bargain. So, yes, California could adopt a law similar to S.B. 8 that makes owning a gun a civil violation for which anyone in the public could sue a gun owner for, say, a million dollars. Are the Justices on the High Court --- who allowed this law to take effect two months ago, ending almost all abortions for now in TX --- sure they want the nation to go down this path?

  • One of the other several stories we quickly covered of democracy dying today, referenced the newly gerrymandered maps for the four U.S. House seats in Iowa. Last week, after Republicans rejected a new map that would have split the state into two districts that voted for Biden last year and two that voted for Trump, they instead approved a second version of a map in which Trump won all four districts. One expert in redistricting describes the new maps as "a dream Republican map." Yes. That is yet another way in which democracy dies...unless we fight like hell to prevent it from doing so.

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House holds Bannon in contempt; TX Lt. Gov. pays out for GOP voter fraud; CA GOP's recall boondoggle; Vets dump Sinema; Manchin could dump Dems; TX steals minority House seats; IL boosts Dems (a little)...
By Brad Friedman on 10/21/2021 6:06pm PT  

We covered a whole bunch of stories on today's BradCast. You'll have to tune in to find out what I have to say about most of them. Suffice to say there was a lot of both good news and bad. Often at the same time. [Audio link to full show is posted at end of this summary.]

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

  • The full U.S. House voted to recommend criminal contempt charges to the DoJ for Steve Bannon's refusal to answer his subpoena for documents and testimony from the House Select Committee investigating Trump's January 6th insurrection.
  • California certifies the results from last month's GOP Gubernatorial recall election, with the state's Democratic Gov. Gavin Newsom winning by the exact same percentages --- to the decimal --- that he won his first term back in 2018. Money well spent, Repubs! And thanks for wasting $300 million taxpayer dollars.
  • Five veteran advisors to Arizona's Democratic Sen. Kyrsten Sinema have had enough. They quit her advisory board for service members with a blistering letter citing her obstruction of democracy and the Biden agenda. The progressive veterans group Common Defense has now turned the letter into a TV ad with a seven figure buy to condemn the obstructionist Dem.
  • MoJo's David Corn reports that West Virginia's obstructionist Democratic Sen. Joe Manchin has a plan to quit the Democratic Party altogether. Manchin disputes the report. Corn stands by it. Either way, it should serve as a reminder of how fraught things are in the Senate right now, how narrow the Democratic majority is, and how the Senate could see Mitch McConnell and the GOP back in control, literally, at any moment. That, of course, would immediately end any hope of passing any part of the Biden, Democratic and/or progressive agenda. Perhaps there's good reason that President Biden isn't calling out Manchin by name for failing to reform the filibuster as many progressive voting rights activists have been demanding?
  • The GOP's ongoing assault on American democracy continues apace, as they plan to gerrymander their way into the House majority in 2022, and then use that control --- along with new election subversion laws in states they control --- to try and steal the 2024 Presidential election in a way they weren't prepared to do in 2020. All of which should serve as a reminder to every democracy loving American that it's time to step up --- even if it means reconsidering long-held, rock-solid beliefs. For example, that extreme partisan gerrymandering is wrong. It is. But is it wrong if it's needed to actually save American democracy? In Texas, new Republican-adopted Congressional (and state legislative) maps steal seats from minorities, despite the fact that the state's population growth --- and two new U.S. House seats to go with it --- is due almost entirely to minorities. Happily, states like Illinois are not taking the matter (entirely, anyway) lying down.

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Guest: Author, gerrymandering expert David Daley of Fair Vote; Also: Hope springs eternal for Freedom to Vote in the U.S. Senate; And GOP bathtub climate change physics in Virginia...
By Brad Friedman on 10/15/2021 6:12pm PT  

On today's BradCast, I share an idea that I've thought long and hard about, struggled with and, frankly, never thought I'd have, much less recommend, as this idea is essentially counter to everything I have long fought for as a democracy advocate. But, as they say, desperate times...and all that. [Audio link to full show follows this summary below.]

Next Wednesday, Senate Majority Chuck Schumer has told Democrats, he plans to bring up the Freedom to Vote Act for a cloture vote, which --- if successful --- would then allow the Senate to proceed to debate on the bill that is critical right now for the survival of American democracy itself. Even if passed, Freedom to Vote won't save everything, of course, but it will help. Big time. The Joe Manchin-approved "compromise" version of the For the People Act (which has already been passed by the House) would, among a boatload of other long-overdue things, institute automatic voter registration and minimum requirements for Absentee and Early Voting in all 50 states; adopt rules that would limit the most disenfranchising Photo ID restriction laws; require hand-marked paper ballots for all voters(!); and prevent extreme partisan gerrymandering among other much needed stuff that would benefit all voters and democracy itself --- if not necessarily the Republican Party, as they see it, while they continue to lie about the bill in order to place party above both country and democracy.

Next week's cloture vote on the measure is likely to be supported by all 50 members of the Democratic caucus in the Senate. But it is unlikely to be allowed up for debate in the minoritarian Senate because, unless Manchin and any other Democratic obstructionists agree to reform the filibuster to allow democracy saving legislation to pass with a simple majority, it won't receive the 60 votes needed to overcome a Republican obstructionist filibuster. That, as GOP-controlled states across the country continue to adopt measures making it harder for (certain) voters to vote and easier for Republicans to cheat by overturning election results they don't like by partisan fiat.

In 2010, the GOP's so-called "REDMAP" program succeeded with Republicans taking over state legislatures in order to draw extreme partisan gerrymanders following that year's decennial census to assure themselves majorities in both statehouses and Congressional delegations for the ensuing decade, even when receiving a minority of the vote. Now that the 2020 census has been completed --- and the GOP's stolen and packed U.S. Supreme Court has determined that federal courts may not intercede to block partisan gerrymanders in any way --- those same Republican state legislatures are in the process of drawing even more extreme gerrymanders for partisan advantage over the next decade. Experts say that "red" states are now in the process of redistricting in such a way that even if the nation voted exactly as it did in 2020, Republicans would end up taking control of the U.S. House --- even with millions of fewer votes than Democrats receive for their elected members of Congress.

That is just part of the near future that all Americans can look forward to if the Republicans and Democrats like Manchin and Kyrsten Sinema in the Senate prevent passage of the Freedom to Vote Act along with its federal restrictions on extreme partisan gerrymanders.

While I hate the idea, all one has to do is take a look at what the Texas legislature (and others like it) are currently up to and planning this year to realize that it's time --- at least if Freedom to Vote is not adopted --- for Democratically-controlled states to answer the GOP assault on democracy by instituting their own extreme partisan gerrymanders in response.

As noted, I hate that idea. It is, at least on the surface, counter to the small "d" democratic ideals that I have always fought for. But, at this point, with the American democratic experiment now teetering toward unstoppable authoritarianism, unilateral disarmament by Democrats seems more like a suicide pact. Yes, for Democrats, but, much more importantly, for democracy itself.

I suspect not everyone will agree with me here, including my guest today. I'm joined by the man who actually wrote the book on partisan gerrymanders, DAVID DALEY of FairVote.org. His book on the GOP's REDMAP assault on democracy is called Ratfucked: The True Story Behind the Secret Plan to Steal America's Democracy. His more recent follow-up, out this year, is Unrigged: How Americans Are Battle Back to Save Democracy.

Daley details the horrors to come from the GOP's extreme gerrymandering plans that we will see in the next few weeks and months, describing them as "really bleak for the Democrats on the redistricting front". For example, he explains, "if you look at the 2020 election, Democratic candidates for the U.S. House won 4.7 million more votes than Republican candidates, but that only turned into a 5 seat majority. Republicans, simply by redistricting in Texas, Georgia, North Carolina and Florida alone --- before you even get to the handful of other states where they can pick up individual seats --- could probably get at least twice the number that they need to flip the House simply by gerrymandering those states."

But, even as he argues in favor of "Constitutional hardball" from Democrats, he does not agree with me that Dems should participate in the same sort of behavior in response when it comes to redistricting this year, describing it as "rearranging deck chairs on the Titanic." He explains why, and we debate the issue on today's program.

I welcome your thoughts on this matter via email or in comments below, as I hope to discuss this more on the show in the days ahead.

Finally today, as if anyone needed more evidence of the dangers that await a fully Trumpified GOP takeover of democracy (even more than has already occurred), at least one Republican candidate running for the House of Delegates in Virginia next month should scare the hell out of you..and, for reasons that Desi Doyen explains, especially Virginians...

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Guest: Maricopa 'audit' insider and 'bamboo guy' John Brakey of AUDIT-USA; Also: Congressional GOP pushing the U.S. government toward default and global economic disaster...
By Brad Friedman on 9/27/2021 6:39pm PT  

As we head into a week of what House Speaker Nancy Pelosi understated over the weekend as "a time of intensity", we cover that on today's BradCast along with a bit of postmortem mop-up following last week's spectacular fail by the dopey Cyber Ninjas in their Maricopa County, Arizona "audit" of the 2020 election. [Audio link to full show is posted below this summary.]

This week, Congress --- and the Democratic Party which is now, apparently, being forced to run it all by themselves --- is facing several precarious moment on a number of fronts. For a start Congress must pass a continuing resolution to keep the government operating after September 30th, when the current fiscal year ends. Even more importantly, to avoid a "financial calamity", they must pass a resolution to suspend or raise the statutory debt limit --- the amount of money the nation can borrow to pay for spending that has already been approved by Congress --- before the country defaults on its loans for the first time in history at some point in October.

Republicans in the U.S. Senate are blocking Democrats from doing either of those things at the moment, in what Pelosi describes as brinkmanship that is "irresponsible beyond words". That, after Democrats voted with Republicans time and again (three times during the Trump Administration alone) to suspend the debt ceiling in order to pay for much of the $8 trillion in debt that was run up with Republican approval over the past 4 years when Donald Trump was in the White House and they controlled Congress.

We explain the incredibly dangerous (and hypocritical) game that Mitch McConnell and the GOP are currently playing with the world economy, even as Democrats face their own internecine battles over how to pass final approval for the Biden Build Back Better agenda, including a bi-partisan $1.5 trillion bipartisan infrastructure bill and a $3.5 trillion budget reconciliation bill (which Dems can pass by themselves, if they can agree on it) to expand health care, child care, education and much more, including long-overdue action to address on climate emergency.

Next, BradCast listeners last week may know that we were the first in the nation to break the news that the phony, so-called "audit" of the 2020 Presidential and Senatorial election results in Maricopa (Phoenix), AZ by the partisan, conspiracy theorist Cyber Ninjas outfit ended up proving that the Dominion Voting Systems computer tabulators used to tally results in the state's largest county did so accurately. That, according to the Ninjas' own hand-count [PDF] of some 2.1 million ballots. In fact, in a spectacular and hilarious failure, the Ninjas count found the margins of victory for the Democrats in both Joe Biden's Presidential contest and Mark Kelly's Senatorial race, were actually larger than those certified by the County and state officials last year.

But, while the Ninjas tried (unsuccessfully) to bury that embarrassing finding, they also tried to flood the zone with smoke and mirrors about tens of thousands of ballots that they suggested were either illegal or fraudulent in their three-volume report on the audit, and a three-hour presentation last Friday to the GOP-controlled AZ state Senate. There too, they failed spectacularly with one outlet after another, including the Republican-majority Maricopa County Board of Supervisors, fact-checking, debunking and explaining the so-called "critical" claims made by the Ninjas.

It seems the Ninjas never bothered to check with any actual election administration professionals, else most of their concerns would likely have been explained to them.

We're joined today for a postmortem debrief by an insider to much of the past five months of "audit" clown show theater in Maricopa,. You know him as that "bamboo guy". We have known him for many years as the longtime progressive election transparency advocate JOHN BRAKEY of AUDIT-USA. Brakey joined us previously at the beginning of the "audit" for an insider view, and as it continued on for months past its initially planned three weeks, after comments of his taken out of context by a local reporter went viral, reporting that Brakey was looking for bamboo in the ballots, suggesting they were fraudulent and stuffed into the ballot box by China (as many in the MAGA set falsely claimed). In fact, as the later posted full context of his remarks reveals, Brakey was explaining what the Ninjas believed, not him, and that he was participating in the effort in hopes of "ungaslighting" the public about false and otherwise evidence-free claims being made by Trump supporters about the election results.

Brakey worked --- for free, while also refusing to sign the Ninjas' non-disclosure agreement --- with AZ's former Sec. of State, Ken Bennett, a Republican, who was tapped by the GOP state Senate to serve as their liaison to the "audit".

"The whole thing was a grift. Okay?," Brakey tells me today after the audits conclusion. "They didn't want people to know how screwed up they were. They're the best talkers but the worst producers. They pretend to know what they were talking about." But, as Brakey explains again today, they didn't have a clue what they were doing.

Among the many questions of mine that Brakey speaks to today:

  • Were his efforts to "ungaslight" the public by working on the audit successful or was it a mistake on his part to lend his credibility?
  • Does he believe the minds of any of the MAGA Mob were ultimately changed through this exercise?
  • As a long time election transparency and integrity champion, was there anything that the Ninjas DID uncover that was actually troubling and needs to be addressed or corrected by election officials?
  • Will the AZ "audit" make similar post-election reviews more or less likely elsewhere in the country?
  • What is the AZ Senate hiding by failing to release thousands of public documents and communications between them and the Ninjas (including emails and texts from Brakey), as ordered by a state judge?
  • And much more, including whether or not the Ninjas ever found that elusive "bamboo" in Maricopa County's 2.1 million hand-marked paper ballots!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Elder pretends to care about 'election integrity', lies about fraud before Election Day; Senate Dems reach fantastic election reform 'compromise'; More anti-vax RWers 'bite the dust' while inflaming the pandemic for all...
By Brad Friedman on 9/14/2021 6:57pm PT  

Get ready for another roller-coaster ride on today's BradCast, which also happens to be Recall Election Day in California. [Audio link to full show is posted below this summary.]

As of airtime on Tuesday, we heard of no major reports of voting problems at the polls across the Golden State, though that may be thanks to so many already having voted by mail or during early voting. But, while pretending to support "election integrity" during an interview on MSNBC, Larry Elder, rightwing talk show host and GOP front-runner to become Governor if popular Democratic Gov. Gavin Newsom loses on the ballot's first question, was busy lying about "fraud" and the "twisted results of this 2021 Recall Election" on his "Stop CA Fraud" website, before any results are known whatsoever. Oh, and he's also threatening the use of the "ammo box" if the results don't go his way.

(And, in related comment, we discuss why these "Will you accept the results of the election tomorrow?" questions are really unfair and unhelpful gotcha questions, that it would be really nice if media stopped asking.)

In far brighter news, a group of eight U.S. Senators --- representing the broad political spectrum across the Democratic caucus in the upper chamber and including Joe Manchin --- announced a "compromise" election reform package with a ton of really really good stuff in it. Among the huge number of long overdue reforms in what they have dubbed the "Freedom to Vote Act": Automatic and same-day voter registration for all; restoration of voting rights for former felons; federal minimum standards for absentee voting, drop boxes and early voting; an end to partisan gerrymandering; curbs on dark money in elections; the prevention of the ability of partisan state legislatures to overturn results derived by non-partisan election officials; new cybersecurity standards for computerized voting systems; and much much more.

The devil is often in the details, and I've yet to review the actual legislative text as of airtime, but from the summary description made available by Sen. Amy Klobuchar, chair of the Senate committee that oversees federal elections and campaign law, almost any one of the items included in this proposed bill would be hugely good news. I'll need to review the specific language on the measure's requirements for hand-marked paper ballots to sign off on that part of the bill, but even the proposed requirements for Voter ID are very good ones. They will serve to force states with purposely restrictive Photo ID voting restrictions (enacted to suppress the vote, not to protect against fraud) to be much less onerous, while avoiding new restrictive mandates in the majority of states which already have reasonable ID rules or few at all.

The legislation is based on Manchin's personal "compromise" version of the For the People Act and John Lewis Voting Rights Advancement Act, both of which have already been passed by the House. Manchin is one of the eight Senators who worked out this proposal, and is said to be reaching out to bring Republicans on board. Of course, even if all 50 Senators who caucus with the Dems vote in favor, as appears likely (Schumer says he is scheduling a vote for next week), it seems unimaginable that any Republicans will join them, much less the 10 that would be required to overcome a Senate filibuster. But with Manchin as a co-sponsor, it will now be on him to get the GOP votes needed for passage or face the prospect of no long-overdue election protection at all...UNLESS he is willing to support a "democracy reconciliation" carve-out to the Senate filibuster. It should be a very interesting, maddening and/or fantastic week or two. We'll be following it all very closely, of course.

And, as Dems are trying to improve representative Democracy in the U.S., Republicans are still, apparently, in the business of simply trying to kill as many Americans as they can to make some sort of twisted political point.

Yet another fervent, anti-vaxxer rightwing radio and TV host died from COVID over the weekend, the fifth in the past month and a half. And while we've had a modicum of sympathy for some of the others who have recently passed, as we explain, this one, 62-year old Bob Enyart, is very difficult to feel anything but contempt for.

We have slightly more sympathy, however, for the wildly misinformed and brainwashed 64-year old anti-vax QAnon supporter and highway overpass activist and YouTuber, Veronica Wolski who bragged last month on her final video about never having worn a mask in her life, and about the need to "NEVER COMPLY" with any COVID public health measures in order to "never give up your freedoms" so "you never have to fight to get them back."

She won't be fighting for anything anymore. Wolski died over the weekend from COVID-related illness in the ICU, but not before the QAnon dupes, led by disgraced Georgia attorney Lin Wood, sicced supporters on the hospital trying to save her life and threatened its workers with "murder" charges unless they agreed to treat her with Ivermectin, the horse deworming medicine not approved for treatment of COVID. That, before Wood declared on his Telegram channel to his more than 800,000 followers: "Now, we go to war."

Unfortunately, deadly climate change (not to mention COVID) is what wingnuts should be going to war against. As Desi Doyen explains in our latest Green News Report today, yet another massive tropical storm, Hurricane Nicholas, is now knocking out power (again) and drenching the U.S. Gulf Coast with some 20 inches of rain in parts of Texas flooded out in 2017 by Hurricane Harvey and sections of Louisiana that were already still under water following last week's Hurricane Ida. President Biden, meanwhile, is pushing for action on climate in his $3.5 trillion budget reconciliation bill, and his EPA is taking several long-overdue actions on behalf of clean, non-toxic drinking water across the U.S., and an age-old salmon fishery in Alaska...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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