On today's BradCast, (riddled with a few tech probs at the station, so apologies for any incoherence on my part!) we bring you up to date on some of the latest developments in the insane, dangerously non-transparent "audit" theater in Maricopa County (Phoenix), Arizona being carried out by the Trump-supporting Cyber Ninjas company. [Audio link to full show is posted below summary.

[ALSO: See important "SHOW NOTE" at end of this summary!]

Notably, a story we broke some weeks ago, after the Ninjas were forced by a state judge to publicly release what suffices as their procedural documents [PDF] for the "audit" (they had claimed their procedures for counting public ballots from the 2020 election were "trade secrets") was confirmed, at least in part, by an excellent article at Slate this weekend by Jeremy Stahl. In short, we had explained weeks ago how the Ninjas poorly documented procedures (see p. 178 in the PDF linked above) allows them to change a MINIMUM of 42,000 votes in their so-called "audit", without setting off any internal or external alarm bells. Stahl's lengthy, well-reported story on the Maricopa mess, headlined "What if the renegade Arizona audit declares Trump won?" details, among many other things, the same point, that the Cyber Ninjas' own procedures allow them to change far more votes than would be needed to falsely declare Trump actually won the state. Any such mistally is considered an acceptable rate of error in their own documented procedures --- even though Joe Biden was certified to have won the state by just over 10,000 votes.

Moreover, if and when they do declare that AZ was somehow stolen from Trump, there is little that can be done to dispute such a claim, since the secure chain of custody for the 2.1 million actual ballots cast in Maricopa last year has now been irrevocably broken. Only yet another hand-count could prove or disprove such a claim by the Ninjas, since --- unlike real audits --- they have not allowed the public to track or oversee their daily tallies. But, after the private, Florida-based company took custody of the County's ballots weeks ago, they could have added, removed or changed ballots at any time since.

All of that, meanwhile, as a real audit continues in Windham, NH, being run transparently by actual voting system, cybersecurity and post-election audit professionals who are allowing full public oversight. And as a judge in Georgia just granted permission for yet another post-election audit of copies of the 2020 ballots cast in Fulton County (Atlanta), Georgia's Presidential race last year.

Of course, all of these questions about the results of last year's elections --- whether offered in good or bad faith --- might have been avoided years ago had Democrats insisted on fully overseeable public elections, instead of allowing private voting machine companies to, by and large, take over America's election with computers that tally votes, essentially, in secret. We have been warning about this nightmare for years, and now it is coming home to roost.

As our guest today, San Francisco-based attorney, election integrity advocate and Twitter rockstar JENNIFER COHN pointed out in a recent smart Twitter thread, Republicans spent years blocking Democratic legislation, the SAFE Act, which would have at least mandated post-election audits for federal races in every state. Now, Republicans are claiming they are needed all over the country. But, oddly enough --- for reasons that Cohn has been unable to determine so far --- Dems have failed to reintroduce the SAFE Act in this session of Congress.

She speculates today that the legislation may now be seen by Democrats as feeding into the GOP's evidence-free claims of fraud in the 2020 election, not unlike how Dem fears of being labeled as "conspiracy theorists" over the years prevented them from challenging and demanding hand-counts after what her thread describes as "fifteen years of poll-defying victories" for Republicans.

"I don't want to imply that I think they are equally to blame," Cohn tells me. "But I do think that it's a failure of leadership. Because leadership isn't about just reacting always to what the other party does. It's about standing for something." She goes on to correctly note that Democrats "had an opportunity after 2016 to really be the champions of election security, and to even incorporate that into their campaign platforms, and they didn't do it." Doing so, "behind the scenes does not win the court of public opinion" and now that has "allowed Trump to hijack that narrative."

"It should have been the Democrats to take that to the people, to take that to the court of public opinion. Had they done that, Trump would not be in a position to play the victim. Had the public known about the SAFE Act, and that Republicans blocked it, they would not be in the position they were to pretend to be victims" today.

Cohn is a longtime, dyed-in-the-wool Dem. So she does not level such accusations lightly. We discuss those concerns and many other points regarding the various audits --- and several splits in the Election Integrity community about them --- before opening up the phone to listeners with thoughts and questions for her and/or me on all of the above today.

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SHOW NOTE!: We've just learned from my landlord that major construction --- tearing up a walkway to install a new security gate --- will begin on Tuesday and last anywhere from 7 to 14 days! That means jack-hammers outside of our studio will make it impossible for Desi and I to do shows for the rest of the week and maybe even next week. Our beloved guest host Nicole Sandler has agreed to fill in for us for the rest of the week...and then we'll see where we are after next Monday's holiday. It could be a week of re-runs, but I hope not! Just letting you know why we are forced to suddenly and unexpectedly disappear for at least the rest of the week! My apologies. Though, as usual, Nicole will do a swell job of covering for us in our unexpected absence! Thanks for your understanding! --- BF

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On today's BradCast: Everyone in Trump World is now either flipping on everyone else in Trump World, or appears on their way to doing so. Including Trump himself Fun! Less fun: Democrats in Congress wasting their time in negotiations on Biden's bold Build Back Better agenda with Republicans who are decidedly not negotiating in good faith, as they made clear to everyone once again this week. [Audio link to full show is posted below summary.]

But first, the flippin' fun part of the show! Just before airtime, CNN reported that Rep. Matt Gaetz' ex-girlfriend is now said to be cooperating with federal investigators believed to be looking into the Republican Congressman from Florida's many alleged payments for sex and illicit sex trafficking of a minor.

And while Gaetz, Donald Trump's number one fan in Congress, is facing a world of trouble (and years in prison), so, of course, is Trump, as it appears to be getting hotter by the hour inside the Trump Organization. This week, we learned that the New York state Attorney General, Letitia James, who had been looking at civil violations of bank and tax fraud laws by Trump and his company, joined the Manhattan District Attorney Cyrus Vance's criminal investigation of many of the same matters.

The next day, we learned that Allen Weisselberg, the long time Chief Financial Officer of the Trump Organization --- beginning all the way back to when Trump's dad Fred was in charge --- is now facing his own criminal tax-related probe by the NY AG's office as well. That, as our guest earlier in the week, former Asst. U.S. Attorney Randall Eliason explained at the time, is a likely precursor to getting him to flip on his boss, the disgraced former President.

And the next day after that, Weisselberg's former daughter-in-law Jennifer --- who has announced that she's been cooperating with prosecutors for some time, after explaining that her former husband Barry (also a Trump employee) was often paid with free rent in expensive luxury apartments and some $500,000 worth of private school tuition for their kids --- believes that her former father-in-law, Allen, will absolutely flip on Trump to save himself.

That revelation came as Trump's own former personal lawyer and fixer, Michael Cohen --- who flipped on Trump long ago, as he earned federal prison time by pleading guilty to participating in a campaign finance hush-money conspiracy "directed" by Trump --- believes that Trump will eventually flip on everyone, including Allen Weisselberg, and even his own kids(!) if necessary, to save himself! "I think Donald Trump is going to flip on all of them, including his children," Cohen told MSNBC, adding: "I really believe that Donald Trump cares for only himself and he realizes that his goose is cooked."

It's all flippin' hilarious, in truth. We'll see if things continue to come crashing down on the former Criminal-in-Chief --- as they sure seem set to do, at this point --- in the coming days and weeks. Fun!

Less fun, unfortunately, is the continuing obstruction campaign being waged by Congressional Republicans, who laid bare their bad faith yet again this week, after spending months negotiating with Democrats on an evenly balanced January 6th Commission, only for GOP leadership in both chambers to then whip their members against it after the bipartisan deal was finally struck in the House Homeland Security Committee.

A similar pageant of bad faith negotiations have been underway for several weeks now with Republicans pretending they are interested in working with Democrats on Biden's $2.25 trillion infrastructure proposal, the American Jobs Plan, and his $1.8 trillion American Families Plan, to support "human infrastructure", such as child care, paid family leave and free daycare and community college.

We've seen this bad movie before. Just look back at the months that Dems spent "negotiating" with Republicans in 2009 and 2010 over the Affordable Care Act, when the GOP failed to offer a single vote in favor of the landmark healthcare law, even after winning all kinds of concessions from Dems to water down the plan.

Now, Democrats are finally saying enough is enough. At least some of them, who, Politico reports, are speaking up and calling for the Jobs Plan and Families Plan to be combined into a megabill and passed in one fell swoop under the Senate's Budget Reconciliation rules allowing passage of almost all of it with a simple majority vote. The only problem: Not all Dems are ready to do so, especially West Virginia's Joe Manchin, who is also not yet onboard with the Dems' sweeping proposal for election and campaign finance reform --- the For the People Act (or H.R.1 in the House and S.1 in the Senate) --- and the filibuster reform that would be required to pass it with just 50 Democratic votes.

Joining us to today to explain how Dems and progressives can possibly move forward through all of these obstacles is ADAM GREEN, co-founder of the Progressive Change Campaign Committee, who told Politico this week that: "The only two scenarios for Democrats are to go big or get nothing."

Green expands on those comments today, arguing that the process of negotiation going on right now is, by and large, meant to convince Manchin, and maybe a few other conservative Democrats, that there is only one real path forward to carry out Biden's truly ambitious progressive agenda.

"I think that there are two genres in working with Republicans," he tells me. "One, that hearkens back to the Obama era, where they really thought that Republicans were potentially willing to deal with them, and wasted a year and quarter negotiating with them before passing Obamacare. It wasted a lot of time that led to a lack of results by the 2010 election. And the lack of results meant low motivation for voters to turnout and vote, or vote Democrat."

"In this case, " Green continues, "I think we have a little bit of a different scenario, where most people understand the game. The game here is there are one or two Senate Democrats with that old mindset --- they genuinely believe Republicans will deal in good faith.  Everybody else is ready to get this done but has to play ball for a couple of months to make abundantly clear that these Republicans don't come in good faith."

Green also cites this week's last minute u-turn on the January 6th Commission as a perfect example, where the GOP had "pretty much of all of their demands met," only to see "Republican leaders coming out against it." That, he says, leads him to feel "hopeful that we're nearing the time when  even the Joe Manchins of the world realize that they did their best, but too bad, it's time to go it alone with Democratic votes and score big for the American people."

But even if Manchin is ultimately willing to agree to pass the infrastructure plans with a simple majority under Senate Reconciliation rules, is there ANY path that would allow for passage of other top Dem priorities like the For the People Act? That bill would almost certainly fail to meet Senate Parliamentarian muster to be passed under the same rules, so would somehow have to overcome a GOP filibuster to be adopted. An optimistic Green believes there is a VERY narrow path to make that happen as well, and he details how progressives in not just West Virginia, but every state, can help push Dems --- and Manchin --- through that narrow path. It includes, among other things, a new "Democracy exception" to Senate filibuster rules. Such an exception, he notes, could also allow D.C. to finally become a state in the bargain. As I said, optimistic!

Finally, we're always happy to end another mad week in these "United" States with another gem from the great Randy Rainbow, this one dedicated to all of the swell, not-at-all horrible Republican lawmakers in Congress. Enjoy!...

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On today's BradCast, the fight for truth and justice continues from Palestine to Washington D.C. to Los Angeles, CA. [Audio link to full show is posted below summary.]

Just before airtime today, encouraging news broke that Israel and Hamas have agreed to a cease-fire after nearly two weeks of fighting that left at least 230 Palestinians (including at least 65 children) dead in Gaza, and 12 Israels (including two children) dead on the other side. The promised pause in hostilities comes after President Biden's long-overdue pressure on Israeli Prime Minister Benjamin Netanyahu, which came after pressure from Congressional Democrats on Biden.

Republicans in Congress, meanwhile, revealed once again this week the bad faith with which they are supposedly "working" with Democrats. After the top Democrat and Republican on the Homeland Security Committee in the House negotiated a deal for the structure of an evenly partisan divided, independent commission to examine the deadly January 6th insurrection at the U.S. Capitol, the GOP minority leaders in both the House and Senate whipped their own members to reject it. Nonetheless, the House passed the resolution to create the Jan. 6 Commission on Wednesday, after some stunning and dramatic debate, with 35 Republicans joining all of the Dems to adopt the Commission. The rest of the House GOPers scoffed at the attack on the Capitol and even at the U.S. Capitol Police themselves, the very law enforcement officials who risked life and limb to protect all Congressional members on that shameful, historic day. The measure must still overcome a Republican filibuster to be adopted in the Senate, where Mitch McConnell is opposing with lies about it being "unbalanced", in hopes of protecting his party, his counterpart in the House, Kevin McCarthy, and our disgraced former President who incited the riot.

Meanwhile, back here in California, we catch up with the GOP's ongoing recall attempt of progressive Democratic Governor Gavin Newsom, whose poll numbers are on the rise, as the rates of COVID infections, deaths and positive tests are now among the lowest --- if not THE lowest --- in the nation. The CA GOP, unable to win statewide elections anymore, unless they can fool voters during a low turnout recall election, had cited Newsom's handling of the pandemic and the state's homelessness crisis as reason to unseat the first term Governor in a recall election later this year.

As our guest today, retired attorney and longtime BRAD BLOG legal analyst ERNEST A. CANNING explained in a fascinating post this week, however, a federal judge may have recently buttressed Newsom's case when it comes to his efforts on the housing crisis in the Golden State as well.

Specifically, while noting the high marks given to the Governor in the judge's ruling in the case filed by the Los Angeles Alliance for Human Rights seeking federal intervention on the homelessness crisis in L.A. City and County, U.S. District Court Judge David Carter's 110-page decision cites the real reason for, as Canning described it, "the nightmare of homelessness at the heart of a place that dares to call itself the City of Angels."

Canning explains Judge Carter's "eye-opening" historical revelations as he detailed a century of systemic racism and corruption in Southern California that has directly resulted in the crisis which now disproportionately affects African-Americans. From "racially restrictive covenants, redlining and eminent domain" used by Los Angeles "to racially segregate neighborhoods" to "Ku Klux Klan violence [that] further targeted Black families who resided in majority white neighborhoods" to sea-side property taken "from Black families and turn[ed]...into a whites-only park," the judge offered an insightful and maddening history of the horrors that have come to haunt all of us --- or, certainly should --- here in Southern California.

"There were no African Americans," says Canning, where he went to school while growing up in SoCal in the 50s and 60s. "The thing that Judge Carter reveals is that that didn't happen by happenstance. Back in 1910, 36% of African Americans were living in racially-diverse neighborhoods, and they were homeowners. In steps, the KKK, enforcement of racially restrictive covenants, redlining, and eminent domain" changed all of that. "We're not talking about Georgia or any of the former Confederate states, we're talking about Southern California."

I hope you'll take a look at his coverage of Judge Carter's ruling here.

Finally, Desi Doyen joins us for our latest Green News Report, with some not horrible, landmark news from the International Energy Agency on how the usually fossil fuel-friendly agency is now calling for reaching net zero carbon emissions by 2050; and some incredibly exciting news on Wednesday night's unveiling by the Ford Motor Company of their brand-new, game-changing, all-electric F-150 Lightning pick-up truck, that could just save the world...and power your entire house for days...

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Even if it withstands Los Angeles County's appeal to the 9th Circuit, the well intended decision, handed down last month by veteran U.S. District Court Judge David O. Carter in a federal lawsuit filed by the LA Alliance for Human Rights, will, at best, ameliorate but not eliminate the nightmare of homelessness at the heart of a place that dares to call itself the City of Angels.

In support of legal grounds for federal court intervention, such as the Equal Protection Clause of the 14th Amendment, Judge Carter laid out, in compelling detail, the link between LA's deadly "crisis of homelessness" and "entrenched structural racism". The validity of that link was underscored by the fact that African-Americans account for only 8% of the general population in the County; yet they account for 42% of the now more than 66,000 unhoused residents.

Judge Carter's lengthy, 110-page decision contains a deep dive into a sordid history of systemic racism in Southern California and its disparate impact on people of color. This, in the Court's view, has given rise to what California Governor Gavin Newson, in his Feb. 19, 2020 State of the State Address, referred to as "the wrenching reality of families, children and seniors living unfed on a concrete bed." The Court condemned the City and County's deliberate decisions to perpetuate unspeakable squalor by attempting to physically contain it within a 50-square-block downtown Skid Row and by policing policies that criminalize homelessness.

The Court described the mishandling of funds intended to provide shelter as the product of "corruption" and "deliberate indifference" towards the unhoused, who suffer from rampant crime, drug addiction, mental illness and deaths caused by all manner of disease. In 2016, for example, LA voters passed a $1.2 billion bond measure that was supposed to create up to 10,000 homes. Over the ensuing four-years, the City erected only 489 housing units (apartments) at a median cost of $531,000 per unit --- units that have been disproportionately occupied by the unhoused who are white.

To rectify this, the Court, by way of a preliminary injunction, ordered an audit of all relief funds and the placement of $1 billion from Mayor Eric Garcetti's "Justice Budget" into an Escrow Account. Judge Carter appointed a Special Master to assist with the implementation of the Court's directives. Despite protestations that they lacked the necessary funds and an objective reality that one can't expect to extract blood from a stone, the Court also ordered the City and County to provide shelter to all unhoused residents within 180 days. (The preliminary injunction will not take effect prior to June 15 by reason of a temporary 9th Circuit administrative stay).

As we observed in 2019, the source of LA's homeless crisis lies not only in a legacy of systemic racism, but also in extreme inequality, which is tied to neoliberal capitalism. This entails a radical form of market fundamentalism, which has been at the center of U.S. economic policies since the Reagan administration.

LA's homelessness crisis will not end absent the federal government's adoption of what former U.S. Labor Secretary Robert Reich has described as "Bidenomics"...

There is nothing wrong with citizens --- no matter how partisan or misinformed --- demanding to know for themselves that election results have been accurately recorded and reported. That's true even in cases where they have been blatantly lied to by, say, a disgraced, failed President of the United States. But post-election audits must be done in full public view from top to bottom, with all processes and evidence from the election kept within a transparent, well-documented, secure chain-of-custody at every step. Two ongoing post-election audits from the 2020 election are currently underway. One offers an example of exactly how not to do such a probe, the other one is shaping up to be a model for the nation.

Among the stories covered on today's BradCast [Audio link to show follows this summary]...

• Ohio Gov. Mike DeWine's scheme to hold a $1 million lottery each week for the next five weeks for any Buckeye Stater 18 and over who has received at least one COVID vaccine shot, appears to be working. While we've got a few suggestions on how it could have been done more effectively, at least it appears to have slowed and even reversed (for some ages) the state's recent drop-off in the number of folks getting their shots. As it turns out, Ohioans seem to like DeWine's plan to offer federal government-sponsored cash prizes (yes, socialism!) courtesy of the America Rescue Plan in exchange for receiving life-saving inoculation from a deadly disease. More states should consider the same and the federal government oughta just pay people to get their shots! We suspect a crisp $100 bill in exchange for a shot in the arm would do the trick. (By the way, Ohioans need to opt-in for the lottery, at OhioVaxAMillion.com, to be eligible for the prizes!)

• Another direct benefit for Americans from the American Rescue Plan (Biden's emergency pandemic relief and stimulus bill adopted by Democrats while being VOTED DOWN BY EVERY SINGLE REPUBLICAN IN CONGRESS), is the expanded child tax credits which will, beginning in July, send monthly checks of $300 per child under 6, and $250 for kids between 6 and 17, to parents making less than $150,000 over the next year. If Americans liked the Democrats' $1,400 individual payments from the ARP, they may love its expanded child tax credits which start this summer. Experts say the payments are likely to help cut child poverty in half this year. Hopefully, Dems will remember to loudly remind Americans of all parties which party it was that made those payments possible, and which party attempted to prevent them. Democrats are not usually very good at that. And hopefully they'll be able to extend those payments through at least 2025 as Biden has proposed in his American Families Plan --- which Republicans also oppose.

• Then it's back to the clown show "audit" theater in Maricopa County, Arizona, where the county's 2.1 million public ballots from the 2020 Presidential and Senatorial elections last year are being inspected, in secret, by a private company with no experience in elections, voting systems or audits named Cyber Ninjas. Now, it seems, the Ninjas and a number of their allegedly false claims made about the materials turned over to them by the County (as ordered by a state court in response to the Republican-controlled state Senate's mandate) were the final straw for the majority GOP Maricopa County Board of Supervisors and its new Republican County Recorder.

  On Monday, the 5-person Board (4 Rs, 1 D), denounced the audit as a "sham" and a "con," lamenting the "spectacle" that they say "is harming all of us" and turning Arizona into "a laughingstock". The new Republican County Recorder, Steven Richer, now in charge of elections in one of the nation's largest counties, blasted the Ninjas for what he describes as blatantly false claims that election databases were unlawfully deleted and for ensuring attacks on his new staff. The Board also sent a blistering 13-page letter [PDF] to the state Senate's President detailing their anger, frustration and embarrassment, calling for the audit to be ended, while responding to charges they claim to be lies coming out of process. The Maricopa "audit" is now in it's third week in Phoenix, but reportedly nowhere near complete.

• Meanwhile, by way of a critical contrast, another post-election forensic audit is underway in Windham, New Hampshire, led by actual experts in post-election audits and voting systems. Unlike the evidence-free claims of fraud in AZ, there is reason to be alarmed by the results of a state House of Representatives race in the town of 14,000 people. There, on election night last November, in an 8-person race (4 Ds and 4 Rs) for 4 seats in the state House, all four Republican candidates won. According to the computer tabulations, they were the four top vote-getters for those seats, with the Democratic candidate, Kristi St. Laurent, coming in 5th by just 24 votes.

  Last November, after she requested a hand-count of the town's hand-marked paper ballots --- previously tallied only by 20-year old, easily manipulated, oft-failed Diebold optical scanners --- it was discovered that the 4 Republicans actually received about 300 more votes each than the tabulators had reported on Election Night. And St. Laurent, the hand-tally found, actually received 99 fewer votes than initially credited with. So what explains the discrepancy between the computer count and the hand count? That's what the auditors began to investigate last week in one of the most open, professional, well-documented and transparent such processes I've ever seen in my nearly twenty years on this beat.

  This week, the auditors explained --- via the live streaming audio and video coming out of the audit room, their own Twitter feed, as well as in interviews with local media --- their leading working theory that could explain the numbers seen one way (incorrectly) by the computer scanners and another way (correctly) by the hand-counters last November. Their working theory, if it bears out, would explain the disparity between the two separate tallies last November. We explain that theory today. And, no, unlike our disgraced former President's recent false claims about both Arizona and New Hampshire, the reasonable hypothesis does not involve "massive election fraud" with "thousands and thousands" of newly "found" ballots. It involves the scanners misreading folds on mail-in ballots as votes.

  But, of course, most critically, the side-by-side comparison of the clown show "audit" theater in Maricopa, which the public (and even local officials) are not allowed to fully oversee, versus the methodical, transparent, public process being carried out in Windham, should be an illustrative model for all future such probes. In the case of Windham, we are likely to have an answer to the mystery that everyone can agree with when all is said and done in the next few weeks. In Maricopa, I think its safe to say, little is expected to be settled one way or another after this ill-considered exercise is finally finished...if it ever is.

• Finally today, Desi Doyen joins us for our latest Green News Report, as calls grow for increased cybersecurity for the nation's energy infrastructure in the wake of last week's Colonial Pipeline ransomware attack; another pipeline company defies a shutdown order from a state Governor; and the EPA finally shuts down --- at least for now --- a disastrous, toxic mess of an oil refinery in the U.S. Virgin Islands...among other American disaster tales hastening our worsening climate crisis...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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For reasons explain on today's BradCast, we've avoided coverage over the past week or two of the twisted internecine warfare going on inside the GOP. But, as of today, we can ignore it no longer. [Audio link to full show is posted below summary.]

About 100 former Republican officials (the key word here may be "former"), will reportedly be releasing a statement on Thursday, threatening to start a new party if the GOP fails to roll back from its worsening Trump Big Lie madness. Those former officials should expect to be disappointed.

On Tuesday night, on the eve of today's GOP caucus vote in the U.S. House to oust longtime, far-right, conservative Wyoming Rep. Liz Cheney (daughter of Dick) from her role as Conference Chair (third-highest ranking Republican leadership position in the House) she took to the House floor to vow she would not roll over for the dangerous, evidence-free claims of a stolen 2020 election being propagated by her crumbling party.

Therefore, on Wednesday morning, she was removed from her leadership position during a cowardly, 15-minute voice vote in a GOP conference meeting after Minority Leader Kevin McCarthy hung her out to dry. (He had previously both condemned Trump's behavior for fueling the deadly January 6th MAGA Mob attack on the U.S. Capitol and supported Cheney. But, of late, he has decided to cast his lot with the disgraced, sore loser ex-President instead.)

After the vote, Cheney defiantly reiterated her belief that the Party "must go forward based on truth" and "cannot both embrace the Big Lie and embrace the Constitution," adding that she would "do everything I can to ensure that the former President never again gets anywhere near the Oval Office."

We're joined today by our friend HEATHER DIGBY PARTON of Salon and Hullabaloo to discuss the seeming meltdown and inflection point within the GOP, where Cheney will most likely be replaced in her leadership role by New York Rep. Elise Stefanik. She has a far less Trumpy voting record than Cheney (for instance, unlike Cheney, Stefanik voted against the 2017 Trump/GOP tax cuts.) But, also unlike Cheney, Stefanik is happy to lie about the results of the 2020 election on behalf of Donald Trump. That is, apparently, all that now matters for the Republican Party.

There is a lot to talk about on this front today, including what Parton describes as a bid by Cheney to offer an alternative path back to the White House for Republicans, even though fealty to falsehoods and a failed sociopathic President now appears to be perhaps the only real "value" left in the once Grand Old Party.

"Don't get me wrong," Parton says today. "I disagree with [Cheney] on everything. She's as far right as it gets, and if she runs for office, I will be the first one in line to oppose her. But this is not a partisan issue. Or it shouldn't be. Because this is really an assault on our democratic process."

However, she adds later, "This is a political move on her part. At some point, she, and I'm sure her father, decided that there was an opening at this moment for someone to be the face of the anti-Trump Republican, and she was a good choice for doing it. The party is going to be looking for a woman nominee. It may be 2024, it may not be until 2028. They are positioning her as the tough, real, rightwing conservative who stood up to Donald Trump and guess what? She's a woman, too. 'There's  not going to be anything Liz Cheney isn't tough enough to take on'."

As usual, Parton has many smart insights on all of this.

Finally, a couple of quick updates on some stories we covered in detail on our previous BradCast. Some new and disturbing news on the ongoing ransomware attack against the D.C. Metro Police, and late breaking news today that the Colonial Pipeline has begun to reopen after a five day shutdown due to a ransomware attack there as well. No word yet on whether Colonial, owner of the nation's largest pipeline network --- running from Texas to New Jersey and supplying about half of the gas, jet fuel and diesel for the Eastern Seaboard --- paid off the hackers to restore their crippled computer networks to restart the pipeline...

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Today on The BradCast, we slide down the slippery, oil-soaked slope of increasingly dangerous ransomware attacks with, as our guest warns today, "nothing" to stop one from taking out an election in the not-too-distant future.

But, first up, some better news out of a federal courtroom in Texas this afternoon, where a judge has nixed the National Rifle Association's attempt to escape accountability for massive corruption and self-dealing in New York, where state Attorney General Letitia James is suing the 150-year old "charitable" group to dissolve it. The NRA had filed for bankruptcy protection in order to duck NY's lawsuit and re-charter itself in the Lone Star State, where apparently they welcome corrupt "charitable" organizations. As we discussed on the show last week, with NRA expert and author Igor Volsky, the group's leader Wayne LaPierre, remarkably, filed for Chapter 11 protection without the knowledge of its Board of Directors or General Counsel. The judge described that as "shocking" and found that the NRA was unlawfully hoping to use the bankruptcy proceedings to avoid the NY state litigation. Judge Harlin Hale didn't buy it, however, and dismissed the "bad faith" filing today after an 11-day trial. The NRA will now have to face the music in NY, where the state AG declared in response: "No one is above the law." (We'll hope that's also true in her ongoing probe of bank and tax fraud by Donald Trump and his Trump Organization as well. She already succeed in shutting down HIS phony "charity", calling itself the Trump Foundation.)

Also today, more breaking news out of Arizona. Despite claims from some state Republican Senators that they are embarrassed by the clown show currently playing out in Phoenix with the Cyber Ninjas' "audit" theater of 2.1 million ballots from the 2020 Presidential election in Maricopa County, (one such GOP Senator who voted for the exercise now laments, "It makes us look like idiots"), the same Senators passed legislation on Tuesday to make it harder for some 140,000 Arizonans to vote. Republican Gov. Doug Ducey signed the new law today, less than an hour after passage, which would purge voters from the permanent mail-in ballot list if they fail to vote in two elections in a row and then fail to return a letter within 90 days of it being sent to them. Democrats and some businesses charge that the measure disproportionately targets voters of color. But, of course, that's a feature, not a bug for the state GOP, still smarting from having lost the Presidential election and both of its U.S. Senate seats to Democrats.

Then, we're joined by longtime cybersecurity and national security journalist KIM ZETTER to discuss the ransomware attack which has led to the shut down of the Colonial Pipeline. The company's network supplies nearly half of the gas, jet fuel and diesel used on the Eastern Seaboard, as is snakes some 5,500 miles from Texas to New Jersey.

Zetter explains how this attack, attributed to a Russia-based group calling themselves DarkSide, was apparently able to burrow its way into Colonial's corporate IT computer network, if not to the operational computer network that actually controls the pipeline system, as well as why the company quickly decided to shut down the pipeline itself anyway.

After sharing some details she has gleaned from sources, including pipeline customers and suppliers, we discuss the recent rise of ransomware attacks which are extraordinarily effective and difficult to prevent. Many companies and organizations --- businesses large and small, hospitals, banks, and both state and local governments --- are now forced to pay the ransom demanded by the cyber-terrorists. Even today, news broke that negotiations between ransomware attackers and the D.C. Metropolitan Police have broken down, with the attackers now threatening to publicly release a sensitive list of police informants if more money is not offered. (The group is demanding $4 million, but claims the Department has offered only $100,000.)

"Unfortunately, this is an industry now," Zetter explains, describing the firms that now specialize in serving as negotiators with the hackers, while helping the crippled companies restore their systems with decryption tools supplied by the hackers once ransom has been paid.

Zetter is also one of the few journalists in the nation that has been covering concerns and vulnerabilities in computerized voting and tabulation systems as long as me. I spent many a sleepless night last year concerned about the possibility of a ransomware attack on wildly vulnerable state and county elections systems. "Nothing" can prevent such an attack, warns Zetter, especially on systems that are often left exposed and vulnerable on the Internet all year around, even when there are no current elections under way (as we discussed in detail with Zetter in 2019.)

As you may imagine, we've got lots to talk about with Zetter today. She has written for years on these matters at outlets such as Wired, Politico, New York Times, Vice's Motherboard and is the author of the book Countdown to Zero Day: Stuxnet and the Launch of the World's First Digital Weapon. She also now writes her own newsletter called Zero Day, covering all of these topics and more.

Finally, Desi Doyen joins us with the latest Green News Report, with more on how the shutdown of the Colonial Pipeline, the largest such network in the nation, is crippling the fuel supply on the East Coast; how a new study finds air pollution from farms causes thousands of premature deaths each year in the U.S.; more ominous signs of the worsening drought in California; and some much better news regarding electric vehicles and action being taken by the Biden Administration to restore landmark federal protections for migratory birds after the Trump Administration had dismantled them...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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We apologize in advance for any whiplash induced by today's BradCast. The continuing madness and unending idiotic fallout from Donald Trump's Big Lie about a "stolen" 2020 election forces us to keep an eye on the MAGA Mob in the rear view mirror, even as we continue to try to look forward to Joe Biden's long-overdue efforts to save humanity by ensuring a livable planet...even for insane people. [Audio link to full show is posted below.]

Join us for today's sunbelt trip from Sunny Florida to Sunny Arizona to Sunny California. Do buckle up first.

First up, Florida's new voter suppression bill --- which we discussed in detail with longtime, legendary Leon County, FL Supervisor of Elections Ion Sancho earlier this week --- was signed into law today by the man Sancho warned is "far sharper than our ex-President" though "more vile, because he understands what he is doing". That would be the state's Republican Governor and 2024 Presidential hopeful Ron DeSantis. And he signed the bill to make mail-in voting harder live on Fox "News"! Locking out his own local media from the ceremony in the bargain. That story should tell you just about everything you need to know about what the GOP has now come to. And what you can look forward to before 2024.

Next, the good news is that the rest of the media, and elected officials in Arizona, and even federal law enforcement officials at the U.S. Dept. of Justice are finally catching up with much of what we have been warning over the past week or two about what is going on in the "audit" theater circus show happening right now in Maricopa County (Phoenix). We told you on last Wednesday's BradCast --- via an exclusive, hour-long interview with two election integrity experts who had spent time inside the secret, tax-payer funded "audit" of the county's 2.1 million ballots by Cyber Ninjas, the private rightwing company with no experience in elections or voting systems --- about the lack of public or media oversight; lack of security of ballots (which, according to federal law, are supposed to remain in secure election official custody for 22 months after an election); lack of public tracking of tallies by the paid counters; ever-changing counting methods that couldn't possibly be completed by May 14th, when the Ninjas lose access to the rented Arizona Veterans Memorial Coliseum; and much more, including the news that ballots were being examined under microscopes and UV lights for evidence of things like missing folds in mail-in ballots and...yes, bamboo fibers in the ballot paper, which the QAnon folks carrying out this "audit" believe would be an indication that the ballots came fraudulently from China.

We then warned you on Monday's BradCast that the procedures document [PDF] turned over by the Ninjas in response to a court order after they argued their "audit" processes were "trade secrets", would allow them to change a minimum of 42,000 votes without setting off any mistally alarm bells inside the secret count. That, despite Biden having been certified as the winner of the state by just over 10,000 votes. I'm not sure that anybody else has noticed that part yet.

But the good news is that --- thanks to another court order --- some media and some officials (including a few from the AZ Sec. of State's office) are finally being allowed into the venue for limited observation of this GOP state Senate sponsored scam. AZ's Democratic Sec. of State Katie Hobbs has now sent a "sharply-worded" letter [PDF] with a litany of concerns --- many of which we've been trying to alert the world to --- to the defendants in the state lawsuit (the Ninjas, the state Senate President, and the Senate's liaison to the "audit", former Republican Sec. of State Ken Bennett), who must now reply, as per a settlement struck in court this week. The Dept. of Justice has also taken notice of what's going on, and has sent a letter [PDF] regarding some of the potential violations of federal law (such as the 22-month ballot retention issue.)

But it was some out-of-context remarks from John Brakey --- a longtime Democratic election integrity expert, founder of AUDIT USA, and my guest last week on The BradCast --- which seem to have set off the loudest alarms in the Twittersphere and Mediasphere. Dennis Welch, Political Editor for Arizona's CBS5 News and TV3, shamefully posted a truncated, minute and a half long clip of Brakey, who is observing the "audit" and assisting Bennett (for free, with no NDA!) describing what the wingut Ninjas are seeking in their search for bamboo fibers in the ballots.

It was only later that Welch posted the next sentence or two from Brakey (all 33 seconds of it) in which he explains: "I don't believe any of that" and that he hopes this "audit" will eventually "ungaslight" people who have been conned by the rightwingers. (Much as he had told us on the show last week.)

Unfortunately, more than a million viewers have seen the first clip on Twitter. That's more than ten times the number who saw the second one. So, Brakey --- who I had personally warned many times shouldn't be involved with these folks operating who are operating in bad faith, for exactly this reason --- was unfairly tarred by many as a QAnon conspirator. He isn't. At all. But that hasn't stopped some idiots --- some of whom should know better --- from attacking him as such and refusing to correct or remove their attacks even after learning they were wrong. John was explaining it, not supporting it!

In any event. At least BambooGate has got people noticing the Maricopa scam. We'll hope our friend and longtime colleague Brakey doesn't pay too high of a price for it.

Then, we finally get to look forward for a few blessed minutes today! President Biden recently doubled down on President Obama's pledge to cut deadly emissions that cause global warming, by vowing to cut greenhouse gas emissions by half (as compared to 2005 levels) by 2030. That ambitious goal is paired with an even more ambition pledge to reach net-zero emissions, economy wide in the U.S., by 2050!

While that seems difficult to imagine, perhaps it shouldn't be. As our guest today, SAMMY ROTH, energy reporter for Los Angeles Times details, the state of California's main grid actually reached 95% renewable energy usage for the first time one week ago Saturday! The milestone didn't happen long, and it was on a sunny, mild weekend day. Still, it's an encouraging sign for what is now quietly being done in the nation's most populous state.

The state grid, however, does not include the cities of Los Angles and Sacramento, which use their own power supplies. And Los Angeles is actually still using some energy created by coal. But Roth has good news there as well, after a landmark new report commissioned by L.A. from the federal National Renewable Energy Laboratory lays out a road map for how one of the nation's largest cities could be powered by 100 percent renewable energy by 2035!

And, of course, if CA and Los Angeles can do it, so can the rest of the nation --- if they (and we) can overcome the political obstacles and dead-end fossil fuel industry money --- so that we can all safely survive to continue bickering about evidence-free claims of "massive voter fraud" for generations to come!...

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On today's BradCast, we're happy to begin with just about the best news we could expect to stumble across these days. Happily, not everything goes down hill from there. [Audio link to full show is posted below summary.]

There has been a stunning drop in COVID infections, hospitalization and death numbers in California. Just 15 deaths were reported on Monday across the entire state of 40 million people. Perhaps even more incredibly, ZERO deaths were reported in all of Los Angeles County --- the most populous in the nation, with 10 million people --- on either Sunday or Monday. We have not had two straight days here without COVID deaths in this County since the pandemic began in mid-March of 2020. Officials caution, however, that some of the drop in numbers could be due to slow reporting over the weekend.

Still, the Golden State is certainly doing something right, as both the state and L.A. County also clock in with among the lowest test positivity rates in the nation. Moreover, Governor Gavin Newsom announced on Monday that COVID-related hospitalizations are at their lowest, by far, since the pandemic began. (And, keep in mind that state Republicans are citing his handling of the pandemic as reason he should be recalled from office.)

But while California also has one of the highest vaccination rates in the country, like the rest of the nation, the number of shots being administered has fallen off sharply of late. Today, President Biden announced a plan to increase vaccine numbers, targeting adults who need more convincing; those who have struggled with availability; and, after expected FDA approval next week, adolescents aged 12 to 15. His new goal is deliver at least one dose to 70% of American adults by July 4th.

At the same time, the American Rescue Plan (adopted by Democrats in Congress without one single vote from any Republican) will now cover paid days off to get shots, as well as for the number of days needed to recover from them. The ARP has also dramatically lowered monthly health care premiums for those receiving federal subsidies under the Affordable Care Act (Obamacare). With, so far, wildly successful programs like the $1.9 trillion ARP, and hoped for passage of massive jobs and care bills like the proposed $2.25 trillion American Jobs Plan and $1.8 trillion American Families Plan, which Repubs have vowed to obstruct as well, is it any wonder they hope to simply block grateful voters from being able to cast a vote at all in next year's elections?

Last week, on the heels of similar measures in states like Georgia and Iowa, GOP state lawmakers in Florida adopted yet another sweeping voter restriction bill, even after claiming a wildly successful and secure election in 2020, when Donald Trump won the state by 3 points. The new bill --- passed in the Senate last week on Florida's Confederate Memorial Day --- is expected to target new voters, younger voters and, specifically, African American voters. It restricts mail-in voting after GOP lawmakers had spent decades expanded it in Florida. To their chagrin, apparently, after years of no-excuse absentee voting being predominantly used by Republicans (including Trump and Gov. Ron DeSantis last year), more Democrats than GOPers took advantage of the option during the 2020 election. Therefore, it must be cut back. With the Sunshine State's traditionally close statewide elections, GOP lawmakers went to work. Senate Bill 90 now requires long-time mail-in voters request such ballots every single election cycle. It mandates new ID requirements for even requesting such ballots, severely restricts the use of absentee drop-boxes, and adds many other restrictive measures, such as a provision to prevent the distribution of food or water to voters waiting in long lines in the hot Florida sun.

While some Republicans are now reportedly concerned that the measure may prevent many of their own voters from casting a vote, our guest today has an additional serious concern with SB90. We're joined again today by former 30-year Leon County (Tallahassee) elections chief, ION SANCHO, who cites the way this bill --- and others being adopted by GOPers around the country --- specifically targets elections officials with threats of job loss and fines. The Florida bill, in fact, authorizes a personal, $25,000 fine against County Supervisors of Elections (who are elected in the Sunshine State) for failing, in any way, to follow every provision of the state's ever-changing elections code, even in cases of emergencies that otherwise might prevent voters from being able to cast their ballots.

"The larger, unstated thing here that, quite frankly, bothers me the most --- not only about Florida, Georgia, Iowa or Arkansas, you name it, it's happening in Republican-dominated legislatures --- is the fact that this is an attack on non-partisan, professional elections administration, all across the country," Sancho tells me. "It didn't begin in 2020, but 2020 has clearly lit the fuse."

In addition to noting that SB 90 has "made it more difficult for ALL citizens to request a vote-by-mail ballot," Sancho observes that all of the new, unnecessary measures are "providing more hoops to jump through for citizens." But, in particular, he cites, "best practices for elections are being thrown out by Republican legislatures, who are now inserting themselves much more directly into the elections process --- a reversal of the trend that we saw in the latter half of the 20th century when citizens demanded fairer elections. The trend to try to professionalize and get a higher class of election officials that act on a fair and non-partisan basis, that's what's being attacked in all of this legislation. That's what's got me concerned."

All of it, he opines, is part of "The Big Lie" (Trump's unsubstantiated claims of massive fraud in the 2020 election he lost) now being used as cover to pass these new restrictions. "In fact, it is Gov. DeSantis, not the ex-President, who is pushing for these changes in Florida. He's on the ballot [in 2022], and the fact that a million and a half more citizens have registered to vote by mail as Democrats than Republicans has caused this attack on vote-by-mail balloting. Gov. DeSantis is, I will tell you, far sharper than our ex-President.  In my opinion, more vile, because he understands what he's doing. I'm not sure the ex-President did."

Sancho --- who was so well respected by his peers in Florida that he was selected by them to oversee Florida's eventually aborted statewide Presidential recount in 2000 --- also confirms that in that same year, Republicans sent absentee ballot applications to every single Republican in the state. Now, they are trying to shut down much of the entire process that made voting easier there, even for many of their own voters. "This continual erosion is, in my view, disgraceful, disgusting, and un-American. But it's happened, and we have to deal with this."

We have much to discuss on that front on today's program.

Finally, we're joined by Desi Doyen with our latest Green News Report, which, much as our program began, finishes things off with quite a bit of surprisingly very good news, this time for climate hawks...

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IN TODAY'S RADIO REPORT: Biden makes history with climate-focused Congressional address; Senate GOP won't vote for Biden's infrastructure bill, no matter what's in it; New report finds reduction of methane crucial for climate; PLUS: Washington State passes landmark cap and trade law... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): U.S. climate 'normals' that are warmer than ever; Satellites show world’s glaciers melting faster than ever; Leaked docs: Gas industry secretly fights electrification; Biden admin proposes phase out of climate-damaging refrigerant HFCs; Hidden Super Polluters Revealed in Wake of Texas Energy Crisis; Forest Offsets Actually Adding Millions of Tons of CO2 Into Atmosphere; RIP Indian Point Nuclear Power Plant in New York; Lithium-ion battery soaks up the sun for recharge... PLUS: Electric cars: What will happen to all the dead batteries?... and much, MUCH more! ...

After getting our second COVID vaccine shots on Friday, we return for today's BradCast. For Desi, it was mostly a breeze. For me, just a few hours after taking the photo at right, as discussed on today's show, it was a bit of a nightmare (if a worthwhile one) --- as explained today along with some special election news out of Texas and some disturbing exclusive information out of the 2020 election "audit" theater being carried out by Trump supporters in Maricopa County (Phoenix), Arizona. [Audio link to full show follows below.]

First up, news out of the Saturday special election in Texas' 6th Congressional District for a U.S. House seat left vacant by Republican Congressman Ron Wright, who died from COVID last December. His widow, Susan Wright, was the top vote-getter in the 23-person, all-parties race. And another Republican, GOP fundraiser and state Rep. Jake Ellzey reportedly came in second, narrowly edging out Democrat Jana Lynne Sanchez by less than half a percentage point. Sanchez conceded on Sunday in the contest where most votes were cast at polling places on 100 percent unverifiable touchscreens and none of the candidates came close to the 50 percent mark that they'd need to beat to avoid an upcoming runoff election for the seat. Dems hopes of expanding their narrow majority in the U.S. House were dashed with the loss in the mostly rural, reliably Republican district south of Dallas.

While there were no challenges to the unverifiable results in Texas with two Republicans winning, Trump supporters in Arizona continue their tax-payer funded [PDF], but privately-run "audit" of 2.1 million hand-marked paper ballots in Maricopa County, as we discussed last week in detail on the show with two experienced election auditors who had rare access inside the secret counting at the Arizona Veterans Memorial Coliseum, while media were locked out. Late last week, in response to a state judge's order, the Florida tech firm --- a group named Cyber Ninjas, with no experience in either elections or voting systems, who were retained by the GOP-majority state Senate to carry out this unprecedented "audit" --- revealed a 191-page document [PDF] supposedly detailing their recount and forensic audit procedures. (Though in fact, as we also report, these procedures have been changed many times since the "audit" began over a week ago.)

Many questions, such as why they are running ballots through a UV light, are not answered by the documents, which the far-right group, whose leader has claimed last year's Presidential election was stolen (without offering actual evidence to support the claim), attempted to keep concealed as "trade secrets".

Other information was revealed, however, such as the group's process for tallying ballots which, as I explain today, would actually allow the group to add (yes, steal) a minimum of 42,000 votes for Trump, without ever raising any alarms or red flags in the group's internal procedures. That, in race that was decided statewide for Joe Biden by just over 10,000 votes.

Worse, because the Ninjas are keeping all of their daily counts and tally sheets secret from the public, there will be no way to know at the end of the process (if they even finish before they must leave their rented venue on May 14), how they actually derived their numbers or if they, in any way, match up with what the paid counters actually tallied.

In short, we support any citizens being allowed to examine ballots to determine if elections are accurately tabulated --- even extreme partisans. But their are rules that need to be minded to assure integrity of that process as well. The process currently under way in AZ is a joke. It is election "audit" theater. That's because there is zero real oversight by the public in place. And the state GOP Senate has forced the County Board of Supervisors (4 Rs and 1 D, who all opposed this privatized, tax-payer funded charade) to give up secure control of the actual ballots to the Ninjas, who could now do anything they want to them.

And while the documents are short on details on the group's actual tallying procedures, they are long on concerns about how "Antifa" might use extreme violence to attack the venue with firebombs and chemical weapons. Seriously. That's who these people are and how they think.

Finally, it was a looong weekend for me, after suffering from a couple of days of seemingly endless chills, fever and pounding headaches after receiving my second Moderna shot on Friday. For Desi, beyond a few mild aches and pains, it was a breeze. Still, it was in those horrible, fever dream moments that I came to appreciate how important it was for everyone to get their shots anyway. I knew I was lucky enough that whatever I was going through would not, in fact, be "endless", as it has been for so many unfortunate people who contracted the actual virus. So, I tell some truths about both what I went through (which media too often downplay), and why that made me happy --- not upset --- to have gone through it...and why you should too.

Also today, we share one of the great "parody" songs by the Marsh Family in Great Britain, who have become a bit of a sensation during the pandemic in the UK. Today's song is a beautiful, moving yet amusing take off on Leonard Cohen's Hallelujah, directed toward vaccine skeptics, called Have the New Jab. I liken this adorable family to the Family Von Trapp of Sound of Music fame!

And then we open up the phone lines to listeners who have recently had their 2nd jabs, to hear how things went for them, and if it was more like my experience or Desi's...

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Last month on The BradCast, after Joe Biden signed his $1.9 trillion American Rescue Plan with emergency COVID relief and stimulus for the poor and middle class, we suggested that passage of that bill would likely be seen in history as the beginning of the end of the Reagan Era. Now, it appears, we're hardly the only ones. [Audio link to full show is posted below.]

Since that wildly popular landmark measure was adopted (without a single Republican vote), Biden has proposed a $2.25 trillion infrastructure package called the American Jobs Plan. And, on Wednesday night, he officially introduced his $1.8 trillion American Families Plan proposal for perhaps the nation's largest-ever investment in human infrastructure, including free access to pre-school, two years of community college, subsidies for child care, paid family leave, expanded health care subsidies and child tax credits and much more.

With Reaganesque optimism during his first address to a joint session of Congress, citing a statistic published in a report by one of our guests earlier this year (Chuck Collins of the Institute for Policy Studies) finding that just 650 billionaires in America saw their own net worth increase by a trillion dollars as 20 million Americans lost jobs during the pandemic, the President pounded what could become a final nail in the Reagan Era coffin, declaring: "My fellow Americans, trickle down economics has never worked and it's time to grow the economy from the bottom and the middle out."

We're joined today, on Biden's 100th day as President, by HEATHER DIGBY PARTON of Salon and Hullabaloo, and by 'DRIFTGLASS' of the The Professional Left Podcast, for analysis of his stunningly-well received remarks (even by Republicans) on Wednesday night and his pitch for an extraordinarily bold and long-overdue government investment in the American people.

Says Digby, on how we arrived at this moment: "We've just been reminded that we need government, because look what happened. We had this pandemic and having the freak show that had been sort of entertaining like a horror show for the last four years, it suddenly became pretty clear what the problem was with that. Because when you really need government, it wasn't there. They were completely out to lunch. For a lot of people in this country, they're out their floundering under this trickle-down, rugged individualism. This is what it's like when you're left completely on your own."

Says Driftglass, mocking GOP rhetoric of the past forty years: "If you're not rich, it's your own fault, and the only thing standing in the way of being the best you is this evil government. [But] suddenly, a whole bunch of people absolutely have to have assistance from the government or their going to die, or go broke, or they're going to go out of business.  And the only thing Republicans had to offer was a sneer...So, there's this literally once-in-a-hundred years crisis, where the actual effect of good government is so visible, right now, that you can now make the case credibly that there are other large problems that we have ignored and disinvested in for decades that we need to fix."

Even for longtime, cynical, old-school progressive bloggers like us --- none of whom had supported Biden during last year's primaries --- we are all pleasantly taken aback at his remarkably ambitious plans and expansive proposed agenda. We discuss, dissect and debate all of that, how it should or shouldn't be "paid for", and whether any of it can possibly be adopted into law with the exceedingly narrow majorities Democrats currently hold in Congress on today's special coverage edition of The BradCast...

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Okay. Buckle up for today's BradCast special coverage. Seriously. [Audio link to full show is posted below this summary.]

As you've almost certainly heard by now, the Republicans in the Arizona state Senate have contracted [PDF] a rightwing tech outfit with no experience in elections or voting systems --- calling themselves Cyber Ninjas --- to oversee an unusual, controversial hand-count audit of the 2.1 million hand-marked paper ballots cast in Maricopa County (Phoenix), Arizona's 2020 Presidential and Senatorial elections. Apparently, the only elections the Senate GOP believe may have been stolen by Dominion Voting Systems tabulation computers or by stuffing ballot boxes were the two statewide elections each won by Democrats for the first time in decades.

The Florida-based Cyber Ninjas are being paid $150,000 tax-payer dollars for this post-election investigation, while collecting an unknown amount of dark money from unknown sources. They have, to date, kept the entire process pretty much a secret, locking out the public and media alike from overseeing the (at least partially) tax-payer funded process inside the Veterans Memorial Coliseum in Phoenix. The only window into the process for the public, by and large, up until now, have been from 9 video cameras streaming wide shots from different angles of whatever is going on on the main floor of the arena.

The Cyber Ninjas' leader, a guy by the name of Doug Logan, had promoted false, often ludicrous and evidence-free claims of fraud following the 2020 election, asserting that the election must have been stolen from Donald Trump. So, of course, the Arizona GOP Senate hired him to run this effort. In this case, the results in question in Maricopa --- a state which Biden reportedly won by just over 10,000 computer-scanned votes (less than half of a percentage point) --- were certified by the five-person GOP-majority Maricopa County Board of Supervisors (4 Rs and 1 D), the state's Democratic Sec. of State and Arizona's Republican Governor. It's only the state's far-right GOP Senate --- and millions of Trump supporters --- who believe the election must have been stolen for Joe Biden.

Still, some GOPers have their doubts. And we're always in favor of the public being able to check the results of hand-counted paper ballots for themselves whenever there are any questions --- justified or not --- regarding the results of any election, so that all voters can have confidence in the reported results. That is critical to the survival of American democracy. That said, such processes, particularly when they are tax-payer funded, must be open, transparent, overseeable and completely public processes. This process being carried out in Maricopa has decidedly not been that. With the Cyber Ninjas firm even arguing in court that their forensic processes must be kept a trade secret, just like the computer voting machine companies they (and we, for many years!) have complained about.

With no media allowed in (until a court order seems to have finally loosened that up a bit as of last night), there has been little if any information available to the public as far as what the hell is going on. The only reporter who seems to have gained access had signed up as an observer to work a 6-hour shift on Day 1 and discovered the counters were using blue pens --- which can be used to mark or spoil ballots. Following her complaints, they have been swapped out for red and green pens which cannot be read by the optical scanners. Beyond that, we've received little or no information on the process or progress of the count from public observers or media.

But we've had an inside track since the start of the count. And on today's show, we've got two long-time election integrity advocates who have been inside the Coliseum to observe over the last several days, one of them has been there since Day 1.

JOHN BRAKEY, Director of AUDIT USA, is actually working along side AZ's former Republican Sec. of State Ken Bennett --- as of now anyway, as Bennett serves as the Senate GOP's liaison to the count. Brakey, a longtime election integrity champion and transparency activist, is largely the only one involved in the effort who has experience with post-election audits and recounts. He's a Tucson-based Democrat, but has long fought for public oversight in elections across the country and joins us on the show today.

We're also joined by RAY LUTZ, Founder and Exec. Director of San Diego-based Citizens' Oversight Projects, which has helped organize and oversee many post-election audits over the years --- particular of electronic digital ballot images created by scanners when ballots are initially tallied. He spent the last several days inside the Coliseum, observing the count, by invitation of Brakey, until he'd decided he'd "seen enough" and headed back home to California last night.

Both explain what they have seen, what the secret process actually is (as far as they have been able to understand it); some of the positive elements that may come out of this exercise; and a number of very serious concerns they each share about the process, particularly when it comes to the lack of transparency for how the operation works, the lock out of media and the public, the lack of publicly disclosed running totals of the count (as in actual recounts) or comparisons to the initial tallies, and more.

In Brakey's case, he's taking action to try and improve the process. He tells us he filed a Public Records Request today with the Maricopa Board of Supervisors (which has long opposed this exercise) for the original counted vote records of the batches of ballots now being examined in the 15,000 seat arena. His hope is that the Cyber Ninja group, for their part, will publish their own daily results at the same time, so that there can be at least some public oversight of the process. That remains a work in progress, he explains. But Brakey --- who is receiving no money for the work (unlike pretty much everyone else involved in it) and has refused to sign a Non-Disclosure Agreement (as the Ninjas had initially asked) --- asserts that he is happy to talk about everything that he has seen and is prepared to walk away from the project if transparency is not quickly improved.

"That's what I'm doing here. I'm criticizing. I'm on them," he explains, after pushing to allow media in for several days. "I want you to know they have media in there right now. They have two people, they have a pool camera. They were nervous and I said, 'Don't be. This is the media. Give them what they need.' I want them to have the same access that they would get in [a public Maricopa County recount], and I'm fighting for that, and I'm winning."

For his part, Lutz says he had already grown somewhat frustrated with the lack of transparency, and decided to leave after observing for about two days. He details the complicated, incredibly slow, table-by-table, ballot-by-ballot effort that is being carried out. After he initially estimated the process they were using would take about 15 months to complete, Lutz explains that changes made to simplify the process have brought the task down to one that could be carried out in about a month, unless additional counting shifts are added. That, even though the group is supposed to have completed the entire effort just over two weeks from now, on May 14th.

"This group came in with no experience at all," Lutz says today, "with a lot of new-fangled ideas about how it would work. Apparently no one did any basic math to work out how long it would take. Now they're sitting here with a real big problem on their hands."

"I have to say, it looked like more of a big show than anything else when I first saw it," he says, referring to the color-coded tables and t-shirts being worn by workers, before explaining some of the efficiencies that have been implemented since the counting began. "Now, I have to say that a lot of what I see there is appropriate and pretty good in terms of their fencing off the ballots and how they keep them under control." Still, he is worried about what happens to the tally sheets being created at each individual table, because those are not being shared publicly and are being handed to someone who enters the numbers into a computer --- correctly or otherwise. "What we normally want to have --- and Citizens Oversight has watched many, many of these audits --- we want those sheets to be scanned immediately and published so they can't be altered, because those tally sheets now become just like ballots, but even more so, because they're the accumulation of all the ballot tallying."

He's also critical of the particular hand-count process being used which, he believes, may have an error rate of 1 to 2%, in order to somehow confirm the accurate tabulation of an election that was decided by less than one half of one percent. And we all discuss the unusual efforts by workers to do things like examine ballots under microscopes and with a UV light (apparently to look for bamboo fibers, suggesting the paper came from China, or to find a lack of creases in mailed-in ballots, suggesting the ballot box was somehow stuffed). Lutz also details the effort to take meticulous measurements of the size and thickness, as well as high-def photos, of each ballot, as part of some unclear process to determine whether they are real or fraudulent.

Yes, it's somewhat as nuts as it sounds. But voters are allowed to be nuts, if they like. Locking out the public from the process, however, remains a very serious concern, and leads to some heated exchanges, to say the least, on today's special BradCast coverage...offering a unique and exclusive look inside the Maricopa County, AZ "audit/recount".

"Somebody's going to throw the gauntlet down, and I'm throwing the gauntlet down," Brakey asserts under my questioning about oversight concerns. "And I guess if they don't want to do that, then I guess there's going to be a separation, and all of a sudden I'm going to be on the outside. And maybe that's what has to happen. Because I know that transparency is the solution. We're going to keep improving this process, or I'm outta here," he vows.

As noted, buckle up for this one. You've been warned...

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