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Latest Featured Reports | Friday, September 27, 2024
Trump Weaponized Govt Against His Enemies, Vows to Do It Again: 'BradCast' 9/26/24
Also: NYC Mayor indicted; D.C. disbars Rudy; Newsmax settles with Smartmatic; Helene goes Cat 1 to 4 in single day before FL landfall...
'Green News Report' 9/26/24
  w/ Brad & Desi
Hurricane Helene guns for Florida; Global warming doubled odds of Europe's catastrophic flooding; PLUS: Biden promotes climate action at final U.N. address, with a warning...
Previous GNRs: 9/24/24 - 9/19/24 - Archives...
The Climate and Economy Stakes of 2024:
'BradCast' 9/25/24
Guest: Ryan Cooper of The American Prospect; Also: Trump's Project 2025 in reality, in the U.S. House, and in song!...
Good News for Democracy in Nebraska, Arizona (Less So Montana): 'BradCast' 9/24/24
Also: Hurricanes John and Helene; Biden's final address at the U.N. General Assembly...
'Green News Report' 9/24/24
  w/ Brad & Desi
CA sues ExxonMobil for plastic recycling lies; John strikes Mexico as Cat 3; Three Mile Island coming back to power Microsoft's A.I.; PLUS: Climate Week summit kicks off in NYC...
Previous GNRs: 9/19/24 - 9/17/24 - Archives...
No, GA's New Rule Does NOT Mandate Hand-Counted Results: 'BradCast' 9/23/24
Guest: Voting system expert Marilyn Marks on the wildly misreported Georgia news and what voters should be worried about instead...
Sunday 'Not Going Back' Toons
THIS WEEK: Springfield Follies ... Political Violence ... The Undecidables ... Pro-Life? ... And much more in our latest collection of the week's best toons!...
Losers' Stench: GOPers Gaming the Map to 270: 'BradCast' 9/19/24
Bad news for Rs in NC; Trump/Vance lies in OH; Desperate GOP Electoral Vote scheme in NE; Gaming result certification in GA; Vote suppression in TX; Vote expansion in CA...
Dueling Lawsuits: State A.G. and County Election Officials Square-Off Over Voter Registration in Texas
Right to register under assault following state's massive voter roll purge...
'Green News Report' 9/19/24
  w/ Brad & Desi
U.N. weather agency warns of climate chaos...that may already be here; NC storm tops $7B in damage; PLUS: Biden's air pollution policies will save 200,000 lives...
Previous GNRs: 9/17/24 - 9/12/24 - Archives...
Winning Over White Evangelicals for Harris: 'BradCast' 9/18/24
Guest: Pastor Doug Pagitt; Also: With great power (and a huge microphone) comes great responsibility...
PA County Election Chief on 2024 Challenges in 'Tipping Point' State: 'BradCast' 9/17/24
Guest: Fayette County Election Dir. Marybeth Kuznik; Also: It's Nat'l Voter Registration Day!...
'Green News Report' 9/17/24
NatGas pipeline explosion in Houston suburb; Deadly storms, flooding in Europe, Africa, North Carolina; PLUS: Trump threatens California...
Amid Trump's Racist, Anti-Immigrant Screeds, Supp-orters Tell Us Why They Back Him: 'BradCast' 9/16/24
Some reasons are as bad as you might guess; Also: New assassination scheme; More lies...
Debate Moderator Was Right: Trump Lost 2020 Challenges for Lack of Evidence
Former President falsely claimed it was due 'only' to lack of 'standing'...
Sunday 'Da Bait' Toons
THIS WEEK: Doggone Springfield ... Swift Boating 2024 ... Afterthoughts ... and more, in our latest collection of the week's best toons!...
'Green News Report' 9/12/24
Climate policy gets short shrift at Presidential Debate, as fires rage in the U.S. West and Hurricane Francine slams into Louisiana...
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
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Transition Integrity Project co-founder Nils Gilman on recent election 'war games' predicting potential disaster in almost every scenario --- and how we must work to mitigate it...
By Brad Friedman on 8/17/2020 6:40pm PT  

Today's BradCast is a really meaty show and --- at times --- a quite terrifying one. Apologies in advance! [Audio link to show is posted at bottom of summary.]

We're joined today by NILS GILMAN, Vice President of Programs at the Berggruen Institute and co-founder of the Transition Integrity Project (TIP). The bi-partisan group was founded in late 2019 to examine concerns, as Gilman explains today, about whether a Joe Biden victory would result in a reasonably smooth transition with the Trump Administration or whether, as the group's chilling new report [PDF] "Preventing a Disrupted Presidential Election and Transition" describes, they needed to be concerned "that the Trump Administration may seek to manipulate, ignore, undermine or disrupt the 2020 presidential election and transition process." As TIP would discover, however, those nightmares could be far worse than the group initially expected. An actual transition process of any kind, at this point, might be a welcome response to some of the group's worse fears.

"Already it's certain that if Biden manages to win, he's going to be handed an inbox from hell," Gilman tells me. "There's going to be probably 15% unemployment. There's going to be an ongoing pandemic. There's going to be a lot of social contestation in the country. We'd like for him to at least be handed a functional bureaucracy. But we weren't convinced that was actually going to take place. ... What we learned in that process was it wasn't just the administrative process that could potentially be disrupted, it would be potentially the electoral transition itself that was subject to disruption."

TIP, a group of more than 100 current and former senior government officials, campaign leaders and other experts from media to the military convened to examine these issues and "war gamed" several different potential scenarios for how things might play out from November 3rd (Election Day) through January 20, 2021 (Inauguration Day). Over four different sessions, examining four different potential electoral scenarios, the highly-esteemed panel of former Governors, DoJ officials, campaign chiefs and advisers of both parties role-played as both Team Trump and Team Biden. As their recently published report details, the tabletop "war game" exercises included a scenario that "posited that the winner of the election was not known as of the morning after the election and the outcome of the race was too close to predict with certainty; in another, the exercise began with the premise that Democratic party candidate Joe Biden won the popular vote and the Electoral College by a healthy margin; and in a third, the exercise assumed that President Trump won the Electoral College vote but again lost the popular vote by a healthy margin. The fourth exercise began with the premise that Biden won both the popular vote and the Electoral College by a narrow margin."

Following the exercises, TIP's other co-founder and Georgetown Law Professor Rosa Brooks told Fox "News" (which happens to play a key role on behalf of Trump and the Republican effort in every case), all of the scenarios "ended in both street-level violence and political impasse." Brooks observed that "the law is essentially...almost helpless against a President who's willing to ignore it."

As Gilman warns in his own recent article "Getting from November to January," explaining how the exercises helped to reveal that institutions from government to political organizations to the courts to citizen activists and media could help mitigate the worst possible scenarios: "Wargaming shows that, short of a landslide victory for Joe Biden in the upcoming elections, we may be headed for a severe constitutional crisis." He adds: "in each scenario other than a Biden landslide, we ended up with a constitutional crisis that lasted until the inauguration, featuring violence in the streets and a severely disrupted administrative transition."

Sounds cheery, no? Gilman, who is also an historian, joins us today to discuss the genesis of the project; the comparable historical parallel to our upcoming election (the 1876 election between Democrat Samuel Tilden and Republican Rutherford B. Hayes, where two different sets of competing electors were sent by states to D.C. before the Constitutional Crisis was finally averted with a comprise that resulted in the end of the Civil War Reconstruction period, launching more than a 100 years of Jim Crow that we are still dealing with today); the specifics findings of the Project (eg. the potential dispute created by Trump's authoritarian use of Presidential powers to, for example, employ the Dept. of Justice to seize ballots and stop the counting) must be met "as a political battle, not just a legal battle"; and that during the exercises, "Team Trump was consistently more ruthless than Team Biden – more willing to ignore existing democratic norms, to make use of disinformation, to deploy federal agencies to promote Trump's personal and electoral interests, and to engage in intimidation campaigns."

As former George W. Bush speechwriter David Frum, one of the participants in the exercises noted, "The worst news is that, faced with presidential lawlessness, few of the participants at the Transition Integrity Project found effective responses. ... Many of the games turned on who made the first bold move. Time after time, that first mover was Trump."

While Gilman argues that nothing is inevitable, he notes, "the media will have a huge role in this" and the time to talk about it is NOW. "The plea I would make would be to patriots --- particularly people in the government who have taken an oath to the defend Constitution --- that there are some basic principles, which are not partisan at all. Every American citizen that wants to vote should be enabled to do so as easily and safely as possible, and every one of those votes should be counted properly."

His TIP report goes further to note that it is "just as important that the public has confidence in the count." That, as I discuss with Gilman, may require a level of transparency in our voting system that --- despite my best efforts over the past nearly-two decades --- we have long ago been obscured with computer tabulation and voting systems which make it impossible, after an election, to know if many ballots --- at least those that are not hand-marked paper ballots --- actually reflect the intent of each voter.

As mentioned, it's a very meaty show, with a LOT to talk about. Gilman joins us for the full hour, and even that wasn't enough to cover so much of what the group found; what we can all do about it; and whether our mainstream media, the Biden Campaign and the Democratic Party itself are prepared to handle what is very likely to be hurled at them --- and all of us --- as of November 3rd...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest host Nicole Sandler with author, journalist Thomas Frank...
By Nicole Sandler on 8/14/2020 4:59pm PT  

It’s NICOLE SANDLER back behind the guest host’s microphone today for a special edition of the BradCast. [Audio link is posted below.]

It's special because I'm joined by one of my favorite guests of all time. THOMAS FRANK is the author of many books, essential reads for anyone who cares about the future of our country and certainly for those with a progressive point of view. What’s the Matter with Kansas?, Pity the Billionaire, Listen, Liberal and The Wrecking Crew are just a few.

Frank's new book is The People, No: A Brief History of Anti-Populism. He gives us the fascinating story behind the populist movement and how the two sides flipped. And he bemoans our lost opportunities to harness the populist power when it was so close so recently...

Download MP3 or listen online below...

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President of the United States holds trillions of dollars in emergency relief hostage to prevent Democrats from safely casting ballots in November...
By Brad Friedman on 8/13/2020 6:37pm PT  

On today's BradCast: Well, at least he's saying it out loud now. [Audio link to show follows below.]

The President of the United States is rejecting the plea --- from his own personally-appointed, Republican-majority, Postal Board of Governors for $25 billion to save the U.S Postal Service from collapse and a $3.5 billion request from the nation's bi-partisan elections officials to help harden election infrastructure for security purposes and to accommodate a huge Presidential election in the middle of a deadly global pandemic --- because he is trying to steal the election. While he doesn't use the words "steal the election", he and his administration are now making very clear they are trying to do just that. And, of course, ham-fistedly lying about it at the same time by claiming that Democrats, somehow, are hoping to "rig" the election.

The Trump/GOP megadonor, Louis DeJoy, just appointed as Trump's Postmaster General in June, has been busy issuing directives to slow down mail delivery, despite the explosion in Vote-by-Mail expected during this November's election, as necessitated by Trump's own failed coronavirus response. This week we have also learned that DeJoy has removed or reassigned some 23 top USPS officials who manage mail delivery and that 19 huge postal sorting machines, which process some 35,000 pieces of mail an hour, have now been removed or are scheduled to be removed from at least 19 different mail distribution sites across the country. That was confirmed by Motherboard today after initially being reported on NPR by the President of the Iowa Postal Worker's Union.

It is happening in plain sight. On Wednesday at his White House presser, and again on Thursday, Trump conceded that if he doesn't agree to a new COVID-19 emergency relief bill to help the nearly 30 million now-unemployed Americans; cash-strapped states and cities; hospitals; schools; and, yes, elections officials and the U.S. Post Office itself, he believes he will stop voters from successfully casting a ballot through the mail this November.

That works great for him, because he's hoaxed his own GOP supporters into believing absentee voting is fraudulent (except in Florida, where he, himself, does it ILLEGALLY) or unnecessary, because the virus is "disappearing, like a miracle." Many duped Republicans will now needlessly risk infection and death to vote for him at the polling place on Election Day, while huge numbers of NOT-disinformed Democrats are expected to use Vote-by-Mail to avoid potential death from voting in-person. Trump will then declare himself the winner on Election Night, with more Republican votes quickly counted from in-person voting, before declaring the slower-to-tally absentee ballots (which need to be manually authenticated one-by-one before they can be run through computer tabulators --- if they even arrive on time to be counted after the USPS slowdowns) as "fraudulent". Attempts to count all lawfully cast ballots after Election Day will then be characterized as an attempt by Democrats to steal the election. That's the plan. It's simple, evil, anti-American, and its happening right before your eyes.

Even one of Trump's top White House economic advisers admitted on CNBC today that "we don't want to have voting rights." That, said Larry Kudlow, out loud, about the effort by Democrats to include election and USPS funding in their emergency relief proposal is "not our game and the President can't accept that kind of deal."

Voting rights advocates, supporters of democracy, and Democrats in Congress are hopping mad, as they should be. So is one of the nation's largest veterans groups. But, of course, Trump knows that, as a failed President, if he doesn't rig the election to steal it he is very likely to lose it. So, yes, he is attempting to steal a Presidential election right before our eyes.

We break down ALL of that down --- in much more detail --- on today's show, along with at least one bit of good news on elections today coming from the U.S. Supreme Court, of all places, if you can believe it.

Finally, we close with Desi Doyen (whose name keeps popping up in the strangest places these days) and our latest Green News Report with a review of presumptive Democratic Veep candidate Kamala Harris' record on environmental justice; the Trump EPA's rollback of Obama-era methane pollution rules at the request of the oil and gas industry; some very good news for the nation's migratory birds; and yet another fossil fuel disaster, this time in Pennsylvania...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/13/2020 11:40am PT  


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IN TODAY'S RADIO REPORT: Joe Biden selects environmental justice champ Kamala Harris as his Vice Presidential running mate; Trump EPA rolls back methane pollution rules to profit the oil and gas industry; Good news for the nation's birds; PLUS: Another new fossil fuel spill, this time in Pennsylvania... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 5 Lessons from the Pandemic to Tackle Climate Change; Trump administration eases showerhead rules; Colorado Is Still Really, Really Dry; Trump’s Border Wall Is the ‘Biggest Threat’ to Southwest Wildlife, Government Emails Reveal; Air pollution is much worse than we thought; Midwest Derecho Devastates Iowa Corn Crop. Satellites Show Damage; Antarctica’s Ice Shelves Have Lost Millions of Metric Tons of Ice... PLUS: Greenland ice sheet claims life of renowned climate scientist... and much, MUCH more! ...

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Guests: Heather Digby Parton on Kamala as VEEP; Jeanne Dufort on why the Peach State's new, $100 million digital-scanners failed to count thousands of valid votes and how to fix it before November...
By Brad Friedman on 8/11/2020 7:09pm PT  

On today's BradCast: Two mysteries solved in one single, if hectic, show! [Audio link to full show is posted at end of article.]

The first is the mystery of who presumptive Democratic Presidential nominee Joe Biden would select as his Vice-Presidential partner. Now we know. Less than an hour before showtime today, it was announced that California's first-term U.S. Senator Kamala Harris will become the first black woman (and first South Asian American woman) to be part of a major party's Presidential ticket. On short notice, we were able to scrounge up the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog to join us for her "top-line, knee-jerk, hot-take" response to the big news and how she thinks it will play both among the electorate at large and the far, FAR more picky progressive electorate.

Parton, a progressive herself, who says she was rooting for Elizabeth Warren to be named for the slot, describes Harris as a "a very skilled politician"; argues that her selection "says something nice about Biden"; discusses the "legitimate concerns that progressives have had about Harris"; and whether she believes "the Left" will be able to "put aside their differences" to get behind the ticket, before "going to fight tooth and nail about the things that we care about" in the event that Biden actually becomes President next January.

Today's other solved mystery is much trickier. And it has to do with Georgia, which is holding primary runoff elections today, along with state primary elections on Tuesday in Vermont, Connecticut, Minnesota and Wisconsin. (We'll have noteworthy results from all of those states, as available, on tomorrow's BradCast, of course). Naturally, because it's Election Day in Georgia --- a key battleground state which some believe could finally flip from "red" to "blue" this year for the first time in decades --- there are problems at the polls. While hopefully not as terrible as the meltdown caused by the state's new unverifiable touchscreen voting systems and electronic pollbooks that resulted in hours-long lines in largely Democratic-leaning precincts during the state's June primary, we have early indications that the same, new, overly-complex, computerized voting systems failed voters again today in at least some of the 94 (of 159) counties participating in today's runoffs.

Despite that distressing (if unsurprising) news today in Georgia, there was some good-ish news from the State Elections Board (SEB) there. They met on Monday to adopt new procedures in advance of the November 3rd Presidential election. The SEB unanimously agreed to allow voters to request absentee ballots for November via a new online webpage to go live by the end of the month. That's good news for those who have easy online access. But, shamefully, it comes along with the news that Republican Sec. of State Brad Raffensperger, after successfully sending out Vote-by-Mail applications to all of the state's active registered voters before the June primary, will NOT be doing so before this year's Presidential election. Apparently, that plan worked too well and allowed too many to easily vote from home, when they might otherwise have had to struggle with long lines and Raffensperger's failed electronic voting systems at the polling place in the middle of an ongoing global pandemic.

Also at Georgia's SEB meeting on Monday, the Board agreed to make a change to the state's new computer-tabulation systems that scan and count those hand-marked paper absentee ballots. (Voters at the polls are forced to use unverifiable touchscreen systems.) The SEB's change to a software setting on the systems came about, thanks in no small part, to our guest today, JEANNE DUFORT of the Coalition for Good Governance.

Following the June primaries, Dufort was on a bi-partisan citizens' panel reviewing digital images of hand-marked paper absentee ballots on which the computerized digital-scanners believed there were over-votes with, for example, more than one oval in a single race seen by the computer as being filled in. State law requires manual examination of such ballots to determine if the voter's intent is discernible or not. While reviewing those ballots, Dufort and the other panelists in Morgan County noticed that the tabulation system had marked some clearly discernible votes on many of those same ballots as containing "no vote". Why were those votes not counted by the new, $100 million tabulation system made by the Canadian firm Dominion Voting? And would elections officials manually examine ALL of the hand-marked ballots to count those "lost" votes? As Dufort told us on this program at the time she discovered the problem after the June primary, there were potentially tens of thousands of perfectly legitimate votes that had gone uncounted.

Well, today we finally have the answer to the mystery of why the system had failed to count some of those votes. It has to do with a sensitivity setting on the digital optical-scan tabulators that the Secretary of State's office claims they did not originally know about when they initially dismissed Dufort's concerns back in June. That setting, apparently, directs the computer to ignore votes in which less than 12% of the bubble was filled in. (Often, instead of inking in the entire bubble, voters will use a check-mark or an X. While the voter's intent is easily discernible to the human eye, the new computers that tabulate votes were set to record such marks --- that filled less than 12% of the bubble --- as a "no vote".)

"It assigns it a 'percentage of fill'," Dufort tells me. "In our case in Georgia, what we later found out was that these Dominion factory settings said if a vote was deemed to cover more than 35% of that area...if the threshold percentage hit 35% or above, the system said, 'Yep, that's a vote! It counts!' If the threshold was between 12-35%, it said, 'that's ambiguous, I'm not sure something is there, better get a human to look at it.' If it fell below 12%, it said, 'I see that, but it's not a vote, so I'm going to label it unvoted, and I'm not even going to call it to the attention of the humans.'"

While Dufort says that it is good news that the SEB has now agreed to lower the bottom of the software sensitivity range setting to 10%, the longtime Election Integrity advocate says that she and others in the state believe it should be set lower still, to avoid more lost votes, in advance of the Presidential Election. "We think 10% is still too high," she says. "So we're going to be out talking to them. This rule is out for 30 days of public comment. We'll be saying thank you, but you really need to take it down to 5, which we have learned is what Colorado uses. And they've been doing hand-marked paper ballots statewide for a very long time. We think that's a good benchmark for Georgia."

She also observes that the the old settings, less sensitive settings, are still being used to tally today's runoff elections, which could be a problem in the event of close races. Moreover, she explains, "the color of the ink [and] the brand of the ink in your pen can change how the computer measures it." We discuss all of that, how the changes may affect results this November, and whether we should be worried that such a software setting could be abused by ill-intentioned election insiders (or hackers) in the critical battleground state (or others that use similar systems) during the Presidential election.

Finally, Desi Doyen joins us for our latest Green News Report, with more deadly fossil fuel disasters, a warning about this year's already-record Atlantic Hurricane season, and some very disturbing climate change news out of Canada, where the last intact ice shelf has finally collapsed and broken away...

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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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How states, counties and YOU must help defend our 'last firewall'...
By Ernest A. Canning on 8/10/2020 10:05am PT  

This will not be easy. It never is. But, this year, we are facing obstacles to voting that we have never seen before. Not only from the unprecedented COVID-19 crisis, which is already difficult enough, but from those who hope to exploit the pandemic along with their access to the levers of power to make voting --- by some --- as difficult as possible. It is now up to all of us to overcome those obstacles.

President Trump is, by no means, the first right-wing Republican to recognize that he can't win if voters turn out in large numbers.

"I don't want everybody to vote," Paul Weyrich, the GOP's notorious godfather of right-wing voter suppression infamously quipped during a 1980 address to a group of evangelical Christian ministers. "In fact, our leverage in the elections goes up as the voting populace goes down," he added, after denigrating those who seek "good government" through maximum, informed voter participation, as people who suffer from "goo goo syndrome".

(The soaring pandemic death toll and an unprecedented 32.9% annualized second quarterly plunge in the GDP, serve as testament to what happens when We the People allow those opposed to "good government" to be placed in charge of our political economy.)

Trump's repeated attempts to suppress voter turnout are by no means novel --- as amply demonstrated during our two-part coverage (here and here) of the 2011 U.S. Senate hearings concerning a spike in GOP-engineered, state voter suppression laws. During those hearings nearly a decade ago, civil rights litigator Judith Browne Dianis described that spike as "the largest legislative effort to roll back voting rights since the post-Reconstruction era."

What makes our current circumstance both novel and extraordinarily dangerous is that an authoritarian-wannabe Donald Trump is the first Republican President who has been positioned to weaponize a pandemic by forcing voters to choose between exercising their fundamental right to vote and the risk of contracting a deadly virus. Instead of simply relying upon state voter suppression laws, Trump has aspired to engage in wholesale suppression on a national scale. Operating through a major GOP/Trump donor-turned-Postmaster General Louis DeJoy, Trump seeks to actively sabotage the social distancing protection that Vote-by-Mail (VBM) affords by creating delays in U.S. Postal Service (USPS) deliveries.

Last Friday, during a must-listen-to segment of The BradCast, Mark Dimondstein, President of the American Postal Workers Union (APWU), confirmed that mail slow-downs were "happening across the country" at a time in which the USPS was already in "crisis mode" as a result of the dangers posed by COVID-19. In his view, the Post Office is now at the "epicenter" of the 2020 battle over "voting rights", noting that "without Vote-by-Mail people aren't going to be able to vote."

Thus, in addition to fending off "dubious" Republican legal challenges to mail-in voting expansion, democracy's defenders --- which, in this case, includes We the People --- must now double our own efforts to navigate Trump's sabotage of mail delivery. This, at a time when election officials in states that have not previously engaged in near-universal VBM must upgrade their electoral infrastructure in order to accommodate and tabulate an unprecedented volume of hand-marked paper VBM ballots.

But there are proactive steps that jurisdictions --- and, yes, you! --- can take to maximize the odds that your ballot is tallied this year...

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Guest: Howie Klein of Down With Tyranny; Also: Disgraced Kobach and Watkins lose in KS; Disgraced Arpaio in the running in AZ; GOP Guv restores voting rights to former felons in IA...
By Brad Friedman on 8/5/2020 6:41pm PT  

On today's BradCast: It was a big day for progressives on Tuesday in a number of state primaries held in Missouri, Michigan, Arizona, Washington state and Kansas. [Audio link to show is posted below summary.]

Surprisingly, among the biggest victories for progressives, believe it or not, came in the otherwise "red" state of Missouri, where voters adopted a statewide ballot measure to finally expand Medicaid under the Affordable Care Act (Obamacare) to more than 200,000 residents. The state's GOP-majority legislature had immorally blocked that expansion of health care to the Show-Me state's neediest residents for the past decade. MO now becomes the 6th GOP-controlled state to expand Medicaid via voter referendum.

But that was hardly the only big win for progressives in my old home state on Tuesday, as longtime progressive Ferguson and Black Lives Matter activist Cori Bush defeated 10-term U.S. Congressman William Lacy Clay for the Democratic nomination. Clay, with his father before him, had controlled the state's 1st Congressional District seat since 1969! With her apparent win on Tuesday in a very Democratic district that reaches from the City of St. Louis out through the sprawling St. Louis County, Bush --- a single mother of two children --- is now all but certain to become the first African-American woman sent to the U.S. House from Missouri.

We're joined today by HOWIE KLEIN, founder of the longtime progressive blog "Down with Tyranny!" and co-founder of the BlueAmericaPAC, which raises money to support progressive Democratic candidates for Congress. Klein walks us through both wins and losses for progressives from all five states on Tuesday, and what they are likely to mean going forward, with still more statewide primaries to go in the weeks ahead of our critical general elections on November 3rd.

He explains, among many other things, why Bush, who lost to Clay (who Klein describes as "corrupt") by 20 points in 2018, appears to have been victorious on Tuesday, when the Medicaid expansion measure also won. "The reason that this won was because of a huge turnout in St. Louis County and St. Louis City," he tells me. "One of the reasons why that turnout was so big was because of Cori Bush being on the ballot. Now, you could also say that one of the reasons that she won was because the turnout for expanding Medicaid was so big. Both are true. By her putting up such a vigorous campaign, campaigning on expanding health care, that's where the votes came from."

"That it was her second time running and she had the name recognition," was also a major factor, he says. "I can't emphasize that enough. It's very, very tough --- not impossible --- but very tough to win a primary the first time you go up against an entrenched incumbent. Because Cori was strong, a powerful woman who wasn't going to give up after being defeated by a lot the first time, she already had name recognition. She was able to build on that to win the second time. I think that's the most important aspect of her winning." He adds that he believes she'll become the fifth member of "The Squad" in Congress, along with NY's Rep. Alexandria Ocasio-Cortez, MN's Rep. Ilhan Omar, MA's Rep. Ayanna Pressley and MI's Rep. Rashida Tlaib, who also appears to have easily won her re-nomination on Tuesday. "She's going to get to Congress," says Klein. "She's gonna kick ass."

We also discuss much more today, including what the predictable loss of disgraced former Kansas Secretary of State and GOP "voter fraud" fraudster Kris Kobach in that state's GOP U.S. Senate Primary means to Democrats hopes of retaking the majority in the upper chamber next year and how the Republican and Democratic party's are each changing amid the Trump Era.

Also today, 88-year old disgraced GOP felon and former Maricopa County, AZ Sheriff Joe Arpaio may still be in the running for his old job, even after being convicted of contempt of court and corruptly pardoned by Donald Trump; Indicted GOP Congressman Steve Watkins of Kansas, who was recently charged with three felony counts related to voter fraud (almost the exact same crimes Trump committed himself in Florida), loses his Republican primary in the state; and Iowa's Republican Gov. Kim Reynolds does the right thing for a change in signing an Executive Order to end the permanent loss of voting rights for (most) former felons in the Hawkeye State, after the Republican-controlled state Senate blocked a more permanent state Constitutional measure and as other states seek to further expand the franchise for felons both in and out of prison around the country.

Finally, it was announced today that Joe Biden would not be traveling to Milwaukee to give his party's nomination acceptance speech, due to the COVID crisis, at the their virtual convention, and Trump announced he was considering giving his own acceptance speech (unlawfully?) from the White House...

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Guest: Maya Worman of Univ. of Chicago Harris Cyber Policy Initiative; Also: Trump facing big trouble in NY; Callers ring in on the VEEPStakes...
By Brad Friedman on 8/3/2020 6:43pm PT  

On today's BradCast: Elections are under threat once again this year, and not just from the President of the United States. But one group of cybersecurity experts launched a new initiative on Friday to try and help --- and not a moment too soon. [Audio link to full show is posted below.]

First up, what suffices for some good news today: The Manhattan District Attorney seeking 8 years of Donald Trump's tax records and those from the Trump Organization suggested in a court filing today that his investigation requires those documents since he is examining "extensive and protracted criminal conduct at the Trump Organization...dating back over a decade." Until today, the office of Manhattan District Attorney District Attorney Cyrus R. Vance, Jr. had indicated only that he was probing the hush-money payments made to porn star Stormy Daniels and Playboy model Karen McDougal before the 2016 election. Those payments were meant to keep them quiet about affairs with Donald Trump.

Trump's former attorney Michael Cohen is serving a three year sentence for his part in that criminal campaign finance conspiracy which both he and federal prosecutors say was "directed" by Trump himself. But today's court filing makes clear that Vance's probe goes far beyond that. Last month, the U.S. Supreme Court said that subpoenas of Trump's financial services institution by the Grand Jury impaneled by Vance were permissible, though they sent the case back to a lower court for one more review, delaying any potential state prosecution of Trump or his associates likely until after the election. Now we have some confirmation that Vance's state investigation (which is immune to Presidential pardon power) appears much broader than previously publicly known.

In other accountability news, a 17-year old from Tampa, Florida was arrested on Friday, accused of being the mastermind behind a scheme last month that commandeered the Twitter accounts of Barack Obama, Joe Biden, Bill Gates, Elon Musk and other high-profile politicians, CEOs and pop stars. The conspiracy --- two others were also arrested, including a 19-year old from the UK and a 22-year old from Orlando --- was an attempt to scam more than $100,000 in Bitcoin out of gullible people who followed the Twitter accounts of those celebrities, which were taken over by the alleged perpetrators.

As we've observed before, if multi-billion dollar social media companies such as Twitter, which spends huge sums of money on cybersecurity, can't keep their systems safe from hacks like this, what chance does Mr. and Mrs. Local County Election Clerk have in protecting their computer voter registration databases, electronic pollbooks, computerized voting systems and computer tabulators this November? That effort is made all the more impossible this year thanks to the expansion of Vote-by-Mail in response to the COVID-19 pandemic, and the refusal of Republicans in Congress to appropriate the $4 billion that election officials across the country have been seeking for months in hopes of expanding election systems and protecting it from cyber-intrusion and other related failures this year. The federal government --- via the U.S. Dept. of Homeland Security (DHS) and the Elections Assistance Commission (EAC) --- offers extremely limited support for the nation's 13,000 independent voting jurisdictions.

But with just over 90 days until Election Day now, a new initiative is being launched out of the University of Chicago Harris Cyber Policy Initiative called the Election Cyber Surge. The initiative, according to its Executive Director MAYA WORMAN, who joins us on the show today, is to bring volunteer cybersecurity and voting systems experts together with local elections officials to help them with whatever cyber-related problems or concerns they may be facing before the election. The hope, she explains, is to help prevent cyberintrusions and ransomware attacks and the like before they happen.

"The need is clear," she tells me. "I think it's increasingly more obvious to those who aren't following this closely, who aren't following this beat. That, in itself, is a strong indicator that we are needed. ... It's not just voter rolls. It's not just the output of the machines, but all of the things in between, including maps of where all of your polling place might be, the hours that they're open, what the deadlines are to register, the information you need once you get there --- all of this stuff can be tweaked just slightly. That could affect the major portion of the voters in any given jurisdiction."

Given the enormous complexity of today's voting and counting systems --- not to mention often-interconnected voter registration systems and electronic pollbooks --- the free help offered by Cyber Surge is likely to be invaluable to thousands of local jurisdictions who may have limited, if any, IT support and a lack of access to cybsersecurity experts. Though we are now just three months out from this year's critical Presidential election (mail-in ballots will go out and early voting will begin in as few as 45 days in some places), Worman says she is confident that the new initiative --- born out of DefCon's "Voting Village", a hacking conference where white-hat hackers have been successfully trying their luck on various voting systems since 2017 --- will prove helpful to myriad election officials who, too often, rely only on private voting systems vendors for support.

"More than 50% of all election officials rely on at least 6 different vendors," Worman observes. "I think there's obviously an expectation that the people with whom they are doing business will not lead them astray, and maybe they won't. But when you have so many different, overlapping tools and systems and a network, and it's all being fed by an antiquated database that is protected who knows how, that is where vulnerabilities from having multiple vendors comes in."

Worman, and (hopefully) cavalry of experts aim to help. And quickly. The effort will be more necessary than ever this year given the necessary changes being made to voting during the pandemic and, thanks to Republican intransigence in Congress, a lack of financial resources to pay for it. "The days of making sure that the room where the ballots are kept is locked --- we're far beyond that now. So a reality check that is gentle, but based in reality, is critical," she warns, adding: "Without sounding too trite, I think staying positive is key here. I think it is very clear that there are more people who want our elections to work than who don't want them to work. And that's important to remember."

Finally, on a somewhat lighter note today, we open up the phone lines to listeners for their thoughts on a) who they would like to see presumptive Democratic Presidential nominee Joe Biden choose as his Vice-Presidential candidate and b) who those same listeners fear he will actually name. Some of the responses from callers may surprise you!...

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Guest: David Dayen on Wednesday's 'incredible' anti-trust hearing in the House and new book 'Monopolized: Life in the Age of Corporate Power'; Also: Herman Cain dies of COVID; Trump tries to distract from newly disastrous economic numbers; Rep. Lewis laid to rest...
By Brad Friedman on 7/30/2020 7:01pm PT  

The day began with a middle of the night earthquake here in Los Angeles. It was the least turbulent part of the day. We open with some grim news on today's BradCast before moving on to some shockingly encouraging news out of....wait for it....Congress of all places! [Audio link to full show is posted at end of summary.]

First up today, former Republican Presidential candidate Herman Cain succumbed to the coronavirus. As co-chair of Black Voices for Trump, the 74-year old Cain attended Donald Trump's controversial mask-free rally in Tulsa on June 20. By July 2nd he was hospitalized with COVID-19 and now dead a month later. He wasn't the only high profile Republican to pass away from the coronavirus today. Bill Montgomery also died. He was the 80-year old co-founder of the rightwing "student group" (yes, a GOP student group founded by an 80-year old!) called Turning Point USA. The organization hosted Trump's second, similarly mask-free rally after Tulsa in Phoenix. Despite claims by both Cain and Montgomery's group that hydroxychloroquine was "100% effective" in treating coronavirus, turns out, as the FDA has emphasized, it isn't.

Civil rights icon Rep. John Lewis was finally laid to rest on Thursday in Atlanta, where he was eulogized by three former Presidents. Trump did not attend after also failing to pay his respects while Lewis lay in state at the U.S. Capitol earlier this week. President Obama, however, offered stirring remarks in memoriam, calling for the expansion of voting rights which Lewis spent a lifetime --- and no small amount of blood --- fighting for.

The former President's remarks came shortly after our current President feebly suggested on Twitter that the November election should be delayed "until people can properly, securely and safely vote," charging that "2020 will be the most INACCURATE & FRAUDULENT Election in history" due to the use of mail-in ballots needed to counteract the dangers of in-person voting during the pandemic that Trump utterly failed to control. That controversial call for delaying the election --- immediately and universally rejected by Republicans and Democrats alike --- was largely to a) further propagandize Trump's supporters into believing the November election results will be illegitimate and, more immediately, b) distract from the horrific economy news released by the federal government just minutes before Trump's tweet.

The news he was hoping to distract from: The U.S. economy plunged a staggering, unprecedented, annualized 32.9% in the second quarter of this year. By way of comparison, it took three years before the economy fell 30% during the Great Depression. This has happened in months, as another 1.4 million workers filed for new unemployment claims last week. It was the 19th week in a row of record-shattering 1 million plus applicants, leaving some 30 million Americans now jobless, as Republicans in Congress have failed to extend the expanded unemployment payments from he CARES Act. Those benefits have expired as of this week, and neither Congressional Republicans nor the White House appear to have an acceptable plan to replace them. House Democrats passed their own $3 trillion HEROES Act several months ago to continue those payments and much more critical relief to workers, states and cities, hospitals, homeowners, the U.S. Post Office and many others through the end of the year. Republicans appear to be in stultifying disarray.

But there is some good news today and, believe it or not, it comes out of Congress! The U.S. House Antitrust Subcommittee on Wednesday held a five-hour hearing on Big Tech monopolies, featuring the CEOs of Amazon (Jeff Bezos), Apple (Tim Cook), Google (Sundar Pichai) and Facebook (Mark Zuckerberg) as witnesses. All of them were grilled by Democrats and, yes, even Republicans alike for years of runaway, anti-competitive business practices. Progressive Matt Stoller's coverage of the hearing at The Guardian was headlined "Congress forced Silicon Valley to answer for its misdeeds. It was a glorious sight." Our guest today, DAVID DAYEN, author, investigative financial journalist and Executive Editor of the progressive American Prospect, filed a piece with the exhuberant hed: "The Triumphant Return of Congress," following up his 175-tweet live thread from his Wednesday coverage.

Dayen tells me today that it was "probably the most consequential hearing on corporate power in decades," where one CEO after another was called on the carpet to answer for years of crushing, anti-competitive practices in their sectors. He reports that the "members of that subcommittee," headed up by Democratic Chair David Cicilline of Rhode Island, "knew exactly what they wanted to talk about. They knew who they wanted to target. This is the culmination of a year-long investigation and these members had an incredible amount of knowledge about the harms that these four large corporations have been causing through the exertion of their power."

"They really extracted confessions from Bezos and Zuckerberg and others about the practices they engage in which really are illegal," he says. The hearing couldn't have been better timed for Dayen, coming just a week or so after the publication of his new book Monoplized: Life in the Age of Corporate Power documenting the breathtaking reach of unchecked corporate mergers and consolidation over the past four decades. He explains on today's show, as he does in the book, how century old anti-trust laws were turned on their head during the Reagan Administration, when a theory promoting the idea that monopolies are actually good for consumers was advanced by one Robert Bork. The theory would eventually prove untrue by its own standards. It was not good for consumers and, Dayen describes, failed to take into account the damage that anti-competitive practices actually wrought on small business, employees and the supply chain itself --- leading directly to some of the dangerous consequences and ridiculous shortages we've seen during the COVID crisis in everything from toilet paper to critical medical supplies and personal protective equipment.

"This hearing was a complete indictment of the Federal Trade Commission and the anti-trust division of the Justice Department, who had access to all this information that the subcommittee had. They had all of these documents. They had all of the ability to conduct an investigation. In fact, it's their job to do so," Dayen observes. "They did not do that, and waved through merger after merger after merger, and the people who had that authority, under Democratic administrations and Republican administrations, who were responsible for this failure should not be listened to again, and they should not hold power again."

Dayen is hopeful that Wednesday's hearing may actually spur action --- grant permission, if you will --- to the FTC and DOJ to start upholding those unenforced anti-trust and anti-monopoly laws and regulations that remain on the books. "The only way that gets done is that the momentum from this hearing is built, where a popular movement to understand and work against the power of monopolies is what is going to carry us forward. It has in the past. That's how we got these laws in the first place, because people demanded the political system respond, and it's how we're going to get them now."

I should note here that I make a personal cameo appearance in Dayen's new book (beginning on page 85, if you must know) discussing my own personal experience with the anti-competitive monopoly practices in the media industry, and how the unchecked "sale" of our public airwaves to a handful of mega-media corporations has led directly to all of the various disasters --- political, economic, societal and, yes, medical --- that are now rending apart our very republic.

Dayen, whose indispensable daily "Unsanitized" column at The American Prospect chronicles the continuing eroding state of our national battle with the global coronavirus pandemic and its ever-worsening toll on our economy, closes by bringing us up to date on the disastrous Republican effort to craft a new emergency relief bill in Congress, as expanded unemployment benefits expire and the U.S. Postal Service faces implosion just months away from the largest vote-by-mail election in the nation's history...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/28/2020 10:40am PT  


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IN TODAY'S RADIO REPORT: Two hurricanes hit the U.S. in one weekend, and make extreme weather history; California plugs in the world's largest battery; PLUS: Trump Administration takes major step toward approving controversial Pebble Mine in Alaska... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Hundreds of toxic Superfund sites threatened by sea level rise; A Detroit soil experiment could unleash the power of urban soil; Kenya environmental defenders win landmark $12m court battle; Deutsche Bank says it won't finance any new Arctic region or oil sand projects; In North Dakota, towns flattened by oil bust; Migratory river fish populations plunge 76 percent in past 50 years... PLUS: Western Water: Interior moving to shift CA federal water projects to former clients of Interior Sec. Bernhardt... and much, MUCH more! ...

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Guest: Ray Lutz of Citizens' Oversight; Also: Rest in Power, John Lewis...
By Brad Friedman on 7/20/2020 6:54pm PT  

We kick off today's BradCast on a somber, if hopefully inspiring note, on the passing of civil rights icon Rep. John Lewis who died on Friday after a battle with cancer. His decades-long fight for voting rights --- and the call to cause "good trouble, necessary trouble" --- has been an inspiration to this show and our work at BradBlog.com for many years. The best tribute we can offer to Rep. Lewis, of course, is to continue his fight as best we can. And so we do once again today. [Audio link to full show follows below.]

More than 100k absentee/Vote-by-Mail (VBM) ballots were rejected by election officials in the state of California after its March 3rd Super Tuesday primary, according to a new AP analysis. Many of the rejections were due to voter error, though not all. Some were also due perceived mismatched or missing signatures and a to a too-short statutory deadline (3 days) for VBM ballots to arrive after Election Day. The state has now increased that time to 17 days for ballots postmarked by Election Day to be included in the final tally.

But, of course, various problems with VBM is why in-person polling places remain very necessary in CA and all states this year, even with expanded mail-in voting during the COVID crisis. That is true even in the Golden State, which will be sending VBM ballots directly to all active registered voters this year because of the pandemic. Here in Los Angeles County, however --- the nation's most populous voting jurisdiction --- the Registrar-Recorder/County Clerk Dean Logan has said that, for in-person voting, he will stick with the County's new, horribly failed $300 million unverifiable touchscreen voting and electronic pollbook system this November, despite the disasters that resulted in 3, 4, and 5 hour lines to vote and an untold number of disenfranchised voters during the system's first county-wide use on March 3rd.

I discussed the decision by Logan to use L.A. voters, once again, as guinea pig beta testers this November, during the most critical election of our lifetimes, in a segment late last month on CBS2-LA News with investigative reporter David Goldstein. Incredibly, CA's Democratic Sec. of State Alex Padilla and the L.A. County Board of Supervisors have all apparently agreed to allow the failed system --- called "Voting Solutions For All People" or VSAP --- another try on November 3rd. What could possibly go wrong?

An L.A. County Civil Grand Jury --- which has also been investigating the VSAP failure --- thinks a lot could go wrong. The group's report on the VSAP failures [PDF] by both Logan and Padilla, entitled "Maybe I Voted?", demands answers from Registrar Logan as well as the state. Goldstein, who has been closely following the VSAP mess since a few weeks before the March 3rd election, followed up by covering the "scathing" L.A. Grand Jury report and called me once again to appear in that follow-up report on CBS2-LA as well.

Meanwhile, a group of Election Integrity advocates in the state sent an open letter [PDF] late last week to Gov. Gavin Newsom (and Sec. of State Padilla), seeking an Executive Order for important improvements to the state's 1% post-election audit process. We're joined today by RAY LUTZ, longtime Election Integrity advocate and the founder and Executive Director of CitizensOversight.org. His organization won a ruling in a lawsuit several years ago that would have required all Vote-by-Mail ballots to be included as part of the pool from which the random sample of ballots are drawn when determining which of them will be hand-counted after an election to assure the accuracy of the state's computerized optical-scan ballot tabulators.

When Lutz filed suit in San Diego after the 2016 election, that County's Registrar, Michael Vu, was drawing only from votes cast at the precinct or absentee ballots that were counted early for inclusion in the 1% post-election spot check. As the groups notes in their press release [PDF] announcing the letter to Newsom, that resulted in some 285,000 ballots that were automatically excluded from the mandatory "audit" in 2016. Lutz' win in the courts, however, was short-lived after Padilla (with support from L.A. County's Logan) lobbied the CA state legislator to specifically allow Registrar's to ignore late mail-in ballots all together during post-election audits. Leaving those ballots out of the audit, Lutz argues, means that nefarious actors "can just move ballots --- ten thousand, twenty thousand at a time --- from one candidate to another and no one would be the wiser because they wouldn't have that check." That, he says, is a virtual roadmap for election theft.

His group's letter asks the Governor to declare that all ballots should be included in the potential audit sample pool in this November's elections, particularly now that some 90% of votes are likely to be cast as mail-in ballots for the first time this year, due to the Governor's previous Executive Order to send VBM ballots to all this year.

Moreover, Lutz echoes frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (which is suing Georgia to force hand-marked paper ballots for all) in her important tweeted concerns last night observing that both major political parties are utterly failing to ensure proper public oversight of absentee ballot handling and tabulation. Marks complained that Elections officials across the country (and definitely in Georgia!) are "working overtime to block transparency, block access, block observation, work[ing] behind closed doors, etc. This, of course, plays into Trump's hands in that if he wants to claim 'rigging,' the Dems will have little evidence documented to rebut the claim."

Lutz agrees with her thinking. California is "not a battleground state," he says, "but remember, the popular vote is always a big issue in the Presidential election. And as you remember last time, Trump made a big deal about 'illegal voter fraud' and all these 'million illegals are voting'. So we have to have our act together for this election to defend against those claims. If we do what we're doing now, we're going to have up to six million ballots that are completely unaudited and can be flipped. Six million votes is a lot. So we need to have this change."

The issue, he goes on to explain, is not only important in California. "Any state that expands their vote-by-mail or absentee voting right now probably is not auditing those ballots." Lutz points listeners to the letter to Newsom, suggesting others push for similar improvements to post-election audits in other states as well, given that, as bad as CA's processes are, they are still better than many states where no computer-tallied votes are ever examined by any human beings at all before election results are certified. "We can't rely upon the election officials, or really anyone, to do this job for us," he argues. "The public has to do its own oversight of its elections. No one can be trusted. We have to do it ourselves. This is where we really call on the citizenry to stand up and really take a look at this. Because the most important thing we can do is to make sure these elections are sound."

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Case may persuade state Dems to nix restrictions on Nov. mail-in voting...
By Ernest A. Canning on 7/17/2020 11:35am PT  

As recently observed in a Hartford Current editorial by Shari Cantor, the Mayor of West Hartford, Connecticut, her state's residents face some of the most restrictive Vote-by-Mail (VBM) requirements in the nation. She notes, in her op-ed calling for an expansion of absentee voting in the Constitution State, that voters "may not obtain an absentee ballot unless they are a poll worker, an active member of the military, sick, out of town during all hours of voting, physically disabled or prevented by their religion."

In response to the restrictions, attorneys from the American Civil Liberties Union (ACLU), on behalf of an individual voter and the Connecticut branches of the NAACP and League of Women Voters, have now filed a federal complaint [PDF] seeking to compel the state to allow every lawfully registered voter to cast a VBM ballot during the November 3rd general election.

CT's extraordinarily restrictive "Excuse Requirement" for voting via absentee, according to the complaint, combined with the fact that state election law does not provide for early in-person voting, forces the electorate to choose this year between exercising the franchise and the very real risk of contracting (and subsequently spreading) the deadly COVID-19 virus.

Because the restrictions on mail-in voting forces the electorate to choose between voting and a risk of death --- a choice CT's Democratic Secretary of State Denise Merrill, the only named Defendant in the case, conceded voters should "never" have to make --- the complaint alleges CT's Excuse Requirement, if applied during the Nov. 3rd general election, would impose an unreasonable burden on the right to vote in violation of the 1st and 14th Amendments to the U.S. Constitution.

The complaint separately alleges that CT's restrictive VBM Excuse Requirement denies or abridges the right to vote on account of race because the combination of greater obstacles to in-person voting and COVID-19's disparate impact on the African-American community "interacts with social and historical conditions to cause inequality in the opportunities enjoyed by Black and White voters to elect their preferred representatives. [Appellate court citation]." This, the complaint alleges, violates Section 2 of the Voting Rights Act.

The 42-page federal complaint is replete with references to scientific facts and law that make it a compelling legal pleading. There's a very good chance, however, that a federal judge will never have to render a decision on the merits of the case. CT's Democratic leaders, including its Governor, Ned Lamont, may find those arguments persuasive and act accordingly...

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By Desi Doyen on 7/16/2020 11:11am PT  


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IN TODAY'S RADIO REPORT: Joe Biden unveils sweeping climate action plan to create jobs, jumpstart the economy, and solve climate change; Donald Trump officially rolls back yet another benchmark environmental law; PLUS: New analysis shows 'extraordinary' increase in U.S. coastal flooding... All that and more in today's Green News Report!

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

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

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

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

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

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

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

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

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

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

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

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

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

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/7/2020 11:18am PT  


Follow @GreenNewsReport...

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IN TODAY'S RADIO REPORT: Big and bad news for pipelines, good news for those who oppose them; Japan reeling from another round of record rains and catastrophic floods; Warren Buffett bids to control nearly 20 percent of nation's natural gas storage; PLUS: House Democrats unveil comprehensive proposal to reach net zero emissions by 2050... All that and more in today's Green News Report!

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Climate Activists See ‘New Era’ After Three Major Oil and Gas Pipeline Defeats; Climate change denial expands on Facebook as scientists face restrictions; Grim Day for Pipelines Shows They’re Almost Impossible to Build; US signs order for first West Coast gas-export terminal; Rapid Arctic Meltdown In Siberia Alarms Scientists... PLUS: Think Covid-19 Disrupted the Food Chain? Wait and See What Climate Change Will Do... and much, MUCH more! ...

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