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Latest Featured Reports | Saturday, October 12, 2024
Milton's Mess, FL's U.S. House Liars, Trump's Made-in-China Bibles: 'BradCast' 10/10/24
Also: OK's sleazy, shameful, MAGA Superintendent of Public Schools...
'Green News Report' 10/10/24
  w/ Brad & Desi
Hurricane Milton slices through Florida; FEMA grapples with Republican disinfo, funding shortages; PLUS: Biden EPA issues landmark rule to replace every lead pipe in America...
Previous GNRs: 10/8/24 - 10/3/24 - Archives...
Whistleblower Org Readies to Support Election Officials, Poll Workers: 'BradCast' 10/9/24
Guest: Dana Gold of GAP's 'Democracy Protection Initiative'; Also: States work to support voters after Helene; GOPers file suits before election to challenge it after...
'Becoming the Norm': Florida Braces for 'Devastating to Catastrophic' Milton: 'BradCast' 10/8/24
Guest: Meteorologist Guy Walton; Also: NC GOP lawmakers made Helene far worse...
'Green News Report' 10/8/24
  w/ Brad & Desi
Just after Hurricane Helene, Florida braces for powerful Hurricane Milton; Trump lies about federal response to Helene; PLUS: New study finds hurricanes have hidden death tolls...
Previous GNRs: 10/3/24 - 10/1/24 - Archives...
Sunday 'Gray Skies Are Gonna Clear Up' Toons
THIS WEEK: Shady J.D. ... Easy Decisions ... The X Factor ... Storm Warning ... And more! In our latest collection of the week's best toons!...
Time Running Out For
All the Trump Rackets: 'BradCast' 10/3/24
'Pro-choice' Melania wants $250k from CNN; $100k 'Trump Watch' invites influence peddlers; Damning new 1/6 details; MAGA county clerk gets 9 years for CO vote system tampering...
'Green News Report' 10/3/24
  w/ Brad & Desi
After another climate disaster, climate change finally front and center at VP Debate; PLUS: Ongoing climate disaster Helene, now second deadliest hurricane in modern U.S. history...
Previous GNRs: 10/1/24 - 9/26/24 - Archives...
Vance Sane-Washes Trump, Self in Polite, Lie-Filled VP Debate: 'BradCast' 10/2/24
Special coverage with Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
How You Can Help Protect Democracy This Year: 'BradCast' 10/1/24
Guest: Emily Levy of Scrutineers.org; Also: Iran/Israel escalation; Dockworkers strike shuts down ports; Search, recovery, climate denier lies, continue after Helene...
'Green News Report' 10/1/24
'GNR' Special Coverage: Climate change-fueled Hurricane Helene unleashes widespread death and destruction, as storm victims face daunting challenge of recovery...
The Predictable Horrors of Helene: 'BradCast' 9/30/24
Climate change strikes again, killing more than a hundred in 5 states, millions without power, concerns about their ability to vote; Also: Callers ring in before VP Debate...
Springfield Haitians Sue Trump, Vance, Musk, et al over Defamation, Death Threats
Add'l defendants include Trump, Jr., OH A.G. Yost, OH U.S. Sen. candidate Moreno, LA Rep. Higgins...
Sunday 'Protection Racket' Toons
THIS WEEK: Creepers, Cowards and Conmen! (And they're all the same guy!)... In our latest collection of the week's creepiest toons...
'Green News Report' 9/26/24
Helene guns for Florida; Global warming doubled odds of EU's catastrophic floods; PLUS: Biden promotes climate action, issues warning, at final U.N. address...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Also upholds legislative presumption that mail-in ballots received by 11/5, two days after Election Day, were timely mailed, even without a postmark...
UPDATE 10/23/20: In a subsequent order, the court dismissed the Trump campaign's complaint...
By Ernest A. Canning on 10/12/2020 9:35am PT  

By way of a 31-page Memorandum Opinion this past week, U.S. District Court Judge Michael A. Shipp rejected the Trump Campaign's effort to challenge the legality of a recently enacted New Jersey statute that permits Garden State election officials to begin "canvassing" mail-in ballots ten days prior to the November 3 Presidential Election Day.

As defined by the U.S. Election Assistance Commission (EAC), a "canvass" is a "compilation of election returns and validation of the outcome that forms the basis of the official results".

NJ's COVID-driven election law in question, AB 4475, was enacted last August by the New Jersey state legislature and promptly signed into law by the Garden State's Democratic Governor Phil Murphy. The statute contains a number of provisions designed to facilitate an efficiently-run, mostly mail-in ballot Presidential Election. These include a directive that election officials, 29 days prior to the election, send mail-in ballots to every registered voter. The statute also includes a requirement that election officials provide secure absentee ballot drop-boxes in every county.

Existing NJ law mandates that the State's election officials certify the Nov. 3 election results by Nov. 20. The results must then be submitted to the NJ Secretary of State by Nov. 24.

AB 4475 streamlined the procedures for tallying the expected heavy influx of mail-in ballots by permitting election officials to begin processing and canvassing mail-in ballots ten days prior to Election Day. The new law, however, prohibits Garden State election officials from running a tabulation report or revealing any results before the polls close on Nov. 3.

Contending that the NJ statute was preempted by federal Election Day law, the Trump Campaign sought a preliminary injunction that would prevent NJ officials from canvassing mail-in ballots before Nov. 3. The Campaign also contested a section of AB 4475 establishing that "every ballot without a postmark...received by the county boards of elections from the [U.S. Postal Service] within 48 hours of the closing of the polls, shall be considered valid and shall be canvassed, assuming the ballot meets all other statutory requirements."

The court rejected the Trump Campaign's legal arguments and denied Trump's motion for a preliminary injunction.

The Trump Campaign did not respond to a Fox "News" inquiry as to whether it intended to appeal the decision. The President's "favorite propaganda network" described the decision as "a significant ruling for the state that will keep the current rules in place, barring a swift and successful appeal from the Trump campaign"...

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

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Guests: Heather Digby Parton of Salon, David Faris of Roosevelt Univ.; Also: Suspended on Twitter because I tweeted completely accurate news about GA's flawed touchscreen voting system...
By Brad Friedman on 10/8/2020 5:35pm PT  

Before we get to our otherwise previously-scheduled Special Coverage of Wednesday night's Vice Presidential debate, we open today's BradCast with the news that Twitter has suspended TheBradBlog's account for posting a 100% accurate tweet regarding Georgia's new touchscreen voting systems. [Audio link to full show is posted below summary.]

I laid out the entire, maddening story regarding the tweet in question in a BRAD BLOG item today, since I can't post at all right now on Twitter, while they review my "appeal" to their finding that a two week old, demonstrably accurate tweet is in violation of the service's "rules against posting misleading information about voting." As you can imagine, my tweet is well supported, as its based on email from the GA Sec. of State's office sent to all 159 counties regarding an error discovered in the state's new touchscreen voting systems used by every voter at every polling place in the state. The email I cite is from the SoS and was published in a federal court filing (also linked with the tweet!) as part of a long-running lawsuit challenging the use of those machines, which we've reported on here for years now. The lawsuit seeks hand-marked paper ballots for voters at the polling place instead. The full story of what happened with Twitter, including screenshots and links to the federal filing and SoS email is posted here.

Then its on to last night's refreshingly dull and normal(ish) Vice Presidential Debate from Salt Lake City, Utah between Vice President Mike Pence and Democratic Veep nominee Sen. Kamala Harris. We're joined today for analysis and commentary by award-winning opinion journalist HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo, along with author and political scientist DAVID FARIS of Roosevelt University and The Week.

While the debate may have been dull --- save for the fly --- there was much revealed (and much evaded) and much to discuss about it in today's very lively show, including, near the end, whether there will be any more debates at all this year.

I'd say more about today's fun (and, at times, funny) show, but I've got to get back to fighting with Twitter now, apparently. Since I'm not allowed to post there for the time being --- unless I delete a completely accurate and newsworthy tweet --- please feel free to share today's show over there yourself! Thanks!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Trump pretends his way out of the hospital, lies again about COVID, gets blocked on social media, is sinking in the polls and dragging his party down with him. No wonder they need to suppress the vote...
By Brad Friedman on 10/6/2020 6:32pm PT  

On today's BradCast: The media are still falling for it. Happily, the American people (at least those who aren't fully brain-poisoned) don't seem to be playing that game anymore. [Audio link to full show follows below.]

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

  • The corporate mainstream media now know how they are being played by Trump, but they keep playing along anyway. We open with a short (or maybe not that short) rant about how to avoid being gaslighted by this President and his enablers, including his lying personal White House physician, the bought and paid for sycophants and psychopaths who work for the government or for his political party and lie on his behalf, and his brain-addled supporters who support his lies, even when he pretends to support things they all spent years previously pretending to oppose. And, of course, the media who still make all of those lies possible. Both Charlie Chaplin and off-shore oil-drilling make their way into this rant. You'll need to tune in to find out why;
  • Facebook finally bothers to take down at least one lie posted by the President regarding COVID-19 and the flu, as scientists and infectious disease experts fume about Trump's dangerous lies regarding that and his own precarious physical (and mental?) health amid his infection and dubious treatment for it;
  • In some brighter new, new polling finds Trump is receiving no "sympathy bounce" from his illness, as Americans have absolutely no confidence in his handling of the pandemic and believe he has only himself to blame for becoming sick;
  • New national polling following Trump's embarrassing performance in last week's off-the-rails Presidential debate (yes, that was only last week!) is beginning to look devastating for his reelection odds. A potential outlier of a poll published by NBC News and Wall Street Journal over the weekend finding a 14-point lead for Joe Biden among registered voters (53% to 39% over Trump) appears not to have been an outlier at all. New polling from CNN today of likely voters (which should theoretically find a small margin between the two candidates), finds the former Vice President ahead of Trump by an extraordinary 16 points (57% to 41%). Of course, those are national numbers and we do not run national elections in this country. But Biden is currently leading or tied by similar, if smaller, margins in pretty much all of the swing-states now, and even in a number of states not previously regarded as swing-states;
  • Trump's disastrous polling numbers also appear to bringing down his party's candidates in all sorts of areas of the country. Daily Kos Elections today shifted their ratings for 10 different House and Senate races all towards the Democrats. We focus today on two, specifically: The U.S. Senate race in Kansas (Kansas!) where former moderate Republican state Senator Barbara Bollier is giving her Republican opponent, Rep. Roger Marshall, a run for his money (and for the money the GOP would rather be spending elsewhere) in the contest for that state's open U.S. Senate seat this year. DKos Elections has now moved that race from "Likely R" to "Lean R". And in South Carolina (South Carolina!), where recent polling appears to now show a toss-up between disgraced three-term Republican Trump sycophant Sen. Lindsey Graham and his Democratic challenger Jaime Harrison. It's another race where Republicans are being forced to spend huge sums of money, while still being outspent by Harrison and his supporters. That race has also been conservatively shifted by dKos from "Likely R" to "Lean R", though it sure looks like Graham could be in real trouble....if voters in SC are allowed to vote...;
  • It is, in no small part, because of that trouble for Graham in SC that Republicans had to go all the way to their stolen U.S. Supreme Court to overturn lower court rulings that had waived witness requirements for mail-in ballots, due to the pandemic. State lawmakers had waived the requirement themselves for the state's primaries earlier this year, but re-imposed it for the general election for some reason, now that the pandemic is even worse. The lower courts ordered it waived again for public safety reasons, but SCOTUS, on Monday night, reimposed it, claiming it was too close to an election to change the rules. (That is the so-called "Purcell Principle" which we explain again on today's show. You may be hearing that doctrine cited quite a bit in the coming days.) That, even though many voters may have already sent in ballots without witness signatures as previously allowed by the lower courts. While the Supremes allowed (only) two days from yesterday's ruling for witness-free ballots to arrive by mail and still be counted, three of the Court's rightwing Justices (Thomas, Scalia and Gorsuch) went on record to say that if it was up to them, they would have tossed out all of those already-voted ballots entirely;
  • Finally today, Desi Doyen joins us for our latest Green News Report, with some disturbing news about yet another monster hurricane heading toward Louisiana (the fourth storm this year to make landfall there, if it does, in an already record year); grim news about California's wildfires; but some great news out of Poland and some very cool news from European airplane manufacturer Airbus!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Super-spreader Donald Trump has helped infect at least 11 senior White House officials and U.S. Senators and appears to have lied about both his infection and treatment. How many more Americans will he sicken before this nightmare finally ends?...
By Brad Friedman on 10/5/2020 5:55pm PT  

As you might guess, on today's BradCast we are forced to cover super-spreader Donald Trump's bout with COVID-19, as it appears he has helped to infect at least a dozen other high profile officials in both the White House and U.S. Senate and members of the White House press corps. [Audio link to full show is posted below summary.]

As we began the show, he was still being treated at Walter Reed Medical Center, though had already cavalierly announced his plans to head back to the White House after a manic, likely steroid-induced Twitter storm this morning. By the end of the show, he had arrived back at the People's House after enjoying many days in a row of free, tax-payer funded healthcare, despite infrequently paying any federal income taxes at all.

For about half of today's program, we open the show to listener calls. And we had some great ones, including the one which inspired today's headline above, and the final one --- a Republican woman from San Diego who accuses me of "not having [my] facts straight". Sadly, she called too late in the show for me to really enjoy the call as I might have otherwise. Still, it was a nice closer for today.

Before that, we review some of the many lies, obfuscations an evasions from Trump's White House physician Dr. Sean Conley, and the ongoing questions about the seriousness of the President's condition, given the "kitchen sink" of treatments --- experimental or otherwise --- that he has been given, some of which are supposed to be used only for severely or critically ill patients. So, is Trump severely or critically ill? If so, why he he's going "home" already? If not, why was he given so many extraordinary treatments?

Then there is the matter of putting his Secret Service contingent at risk (along with their families) on Sunday by his appalling little drive-by for supporters outside Walter Reed on Sunday.

How many more Americans will Donald Trump kill or make sick before his disastrous tenure as President is brought to a merciful end (with more than 210,000 already killed and nearly 7 and a half million infected in this country --- zero of whom that have received the same extraordinary care and attention he has, so far.)

So, how much should Trump's doctors be believed? How will all of this affect the already-ongoing Presidential election? Will the two more scheduled Presidential Debates happen as scheduled? Will any of this serve to slow down or block the U.S. Supreme Court confirmation process in the U.S. Senate of Amy Coney Barrett to fill the seat left vacant by progressive icon Ruth Bader Ginsburg now that at least three GOP Senators have contracted the virus, apparently via the Rose Garden event announcing Barrett's nomination a week ago Saturday?

All of those questions (and many others) asked and/or answered on today's very lively program!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Plaintiff Marilyn Marks on election havoc in the Peach State, and lack of national media coverage; Also: Trump loses, voters win in court absentee ballot rulings in WI, IN, MT, AL, and maybe NC...
By Brad Friedman on 10/1/2020 6:33pm PT  

On today's BradCast: We've got good news for voters from a bunch of courts today --- including in both battleground and "red" states --- when it comes to the absentee mail-in voting that Donald Trump and the Republican Party are working so hard to block. But we've also got some very disturbing news out of the state of Georgia in a story that nobody other than us seems to be covering for reasons we can't quite explain. Especially since it now involves installing all brand-new, untested, and uncertified software --- at the very last minute, just days before Early Voting is to start --- on every touchscreen voting system used across the state. [Audio link to full show follows below summary]

But first, the good court rulings coming out of several states so far this week...

  • A federal appeals court has upheld a lower court judge's six-day extension beyond Election Day for the receipt of incoming absentee ballots postmarked by November 3rd in the critical battleground state of WISCONSIN. The unanimous ruling comes from a panel of three Republican-appointed judges, including one nominated by Trump, in a state which he is said to have barely flipped to "red" in 2016, for the first time in decades, by just over 20,000 votes out of millions cast. Republicans could appeal to the GOP's stolen U.S. Supreme Court. That's just one of the reasons they are trying to pack the Court with Trump's nominee, Amy Coney Barrett, in record time before the election;
  • Similarly good news out of Mike Pence's home state of INDIANA, where a federal judge rejected a deadline of noon of Election Day for absentee ballots to be received. The ruling will allow ballots postmarked by November 3rd to be counted if they arrive by November 13. The judge says the extra days do not benefit any particular party or candidate and "should in fact help assuage" concerns about the legitimacy of election results in the Hoosier State;
  • In the state of MONTANA, a federal judge blocked an effort by the Trump Campaign and other GOP groups to prevent counties from automatically sending absentee ballots to all active registered voters as they did during this year's June primary elections. That, after the plaintiffs were unable to "point to a single instance of voter fraud in Montana in any election during the last 20 years," according to the judge who described concerns about widespread fraud as "a fiction". While the state went to Trump by some 20 points in 2016, its Democratic Governor Steve Bullock won re-election on the same statewide ballot that year, and is now running for the U.S. Senate to unseat incumbent Republican Steve Daines;
  • In ALABAMA, a federal judge ruled that the state may not block counties from offering curbside voting and that witness signature requirements and Photo ID requirements for absentee voters during the COVID-19 pandemic are unconstitutional for certain voters. Their Republican wingnut Sec. of State John Merrill says he will appeal all the way to the stolen Supreme Court if necessary;
  • And in the closely divided battleground of NORTH CAROLINA, a proposed settlement between the state and plaintiffs will allow for absentee ballots to be "cured" by voters if they lack proper signatures; voters will be able to use secured drop-boxes for mail-in votes; and for ballots postmarked by Election Day may be received until November 12. But this week, a letter has been sent by the Trump Campaign to Republican officials on County Boards of Elections instructing them to ignore guidance from the State Board of Elections! The NC SBE has had to send a letter in response to those same officials, warning them that they are required to follow state guidance and that guidance from "a political party or other source should not be considered or followed." The extraordinary situation has led one international expert on election security from Duke University to (accurately) opine: "It comes down to the fact that this President is not actually trying to win this election – this President is trying to not have to concede this election. That’s what going on." That expert is right on the money.

Then, to the extraordinarily disturbing story out of GEORGIA, which our guest today, MARILYN MARKS of the Coalition of Good Governance, describes as "scandalous". As we reported during Monday's show, last Friday, the Secretary of State's office quietly sent a notice to elections officials in all 159 counties telling them to immediately stop their pre-election "Logic and Accuracy" testing of the new, unverifiable touchscreen voting systems that all voters are currently forced to use at the polling place. The reason, as the office explained, was due to "an error in the November database which will require every county to get a new database for the November 3, 2020 election."

That startling news late on Friday night resulted in an emergency filing by the Coalition with U.S. District Judge Amy Totenberg, who has been overseeing their long-running lawsuit to block the use of unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots at the polls. On Monday, Totenberg called an emergency hearing for all parties to the suit, during which the Secretary of State's office and the state's new private vote system vendor and ballot programmer, Dominion Voting, claimed that new databases (which contain the programming for all contests in each county) were not actually needed to correct an error that prevented some U.S. Senate candidates from appearing on the touchscreen in certain cases. In fact, what they planned to do instead was to change the code used on the voting machine software itself, and install new software onto all 34,000 touchscreens in the state. All of this, just days before Early Voting is to begin, and now just over one month before Election Day.

As Marks notes, the new software to be installed on every voting machine in Georgia has not been certified for use --- or even tested --- by the U.S. Elections Assistance Commission (EAC) as required by state law. But this story is even more scandalous in several ways that we discuss on today's program, after another emergency hearing was called by the judge today, following another emergency filing from the Coalition on Wednesday night regarding an apparent change of plans by the Secretary of State.

"It's outrageous. They're wiping all of the software," Marks tells me, and installing "new software that's just been written, has not been tested, and has not been certified by the Elections Assistance Commission. As far as we know, it has not even been submitted for approval. This is federal certification, and Georgia, like most states, is not supposed to be using systems not certified by the federal government."

"They've written this over a weekend, and have not thoroughly tested it. There's been no user testing. The number of things that can go wrong will take up more time than your show permits," she says. "They might as well have gone out and said, 'we're going to buy the Lucy and Ethel software, and put it in.'"

While that is troubling enough, Marks also notes that the programming is not even being done by public state officials, but by private contractors at the Canadian-based firm from whom GA purchased the systems for more than $100 million for first time use this year. "This election has been completely outsourced to Dominion Voting Systems. They are a third party profit-making corporation and, essentially, Georgia has just said, 'Take it and do with it as you will, Dominion!'"

Marks says it is all "outrageous and preposterous," telling me, "Like you, I am shocked that the national media has not picked up on this more, because we're talking about the votes of 7 million voters here."

"I thought that I was beyond having anything that could shock me anymore," she continues. "But I have to say, my jaw is still on the floor from this week. And the fact that the media is not covering it, I don't understand. I can only surmise that they are still in disbelief. Maybe the facts just aren't fully out yet. That's the only thing I can come up with. This is scandalous. "

Please tune in for the full story --- there is much more to it. But, suffice to say for now, it IS a scandal that WE have been covering this story and this lawsuit for at least three years, while the mainstream corporate media seems to be ignoring it almost entirely, even with the possibility that the Peach State could flip from red to blue this year in the Presidential race for the first time in decades, and that there is not one, but two U.S. Senate seats on the ballot there this November, both of which are currently held by Republicans and believed to be endangered by Democratic challengers.

Finally, we close today with our latest Green News Report, with special coverage of the surprise --- and surprisingly substantive --- discussion of climate change in this week's otherwise off-the-rails Presidential Debate in Cleveland, OH...

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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Guests: Salon's Heather Digby Parton, Press Run's Eric Boehlert...
By Brad Friedman on 9/30/2020 5:21pm PT  

On today's BradCast: What else? Special coverage of what we'll call the Presidential "debate" in Cleveland, OH on Wednesday night between Donald Trump and Joe Biden as nominally "moderated" by Chris Wallace of Fox "News". [Audio link to show follows below.]

It was, perhaps, best described by CNN's Dana Bash as "a shitshow", though her colleague Jake Tapper didn't do bad either in his description of "a hot mess inside a dumpster fire inside a train wreck." MSNBC's Rachel Maddow saw it as a "monstrous cavalcade of increasingly wild and obscene lies" and an "unintelligible display of logorrhea," mostly from the unhinged, unbalanced, unfit, wholly unqualified President of the United States. Stephen Colbert also did a helluva job in his own description of the train wreck as well on CBS' Late Show, though you'll have to tune in for that one.

To be fair, Trump 2000 Campaign Manager Bill Stepien called Trump's effort "the greatest debate performance in presidential history," and Fox "News" observed on their chyron: "BIDEN STUMBLES HIS WAY THROUGH FIRST DEBATE". So there's that.

We're joined today to try and make sense of whatever you may want to call Wednesday's embarrassing spectacle, by two of our favorite post-debate sense-makers, HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo and ERIC BOEHLERT of Press Run, who argues in his column today that, unless the Presidential Debate Commission changes the format to, at a minimum, allow Trump's mic to be cut off (which, it looks like, they may), the next two Presidential debates should be called off entirely. Parton, who also wrote about Trump's "massive failure" today, agrees. But I don't, and we debate (ya know, an actual debate) as to why.

We also discuss and/or debate whether Biden should or shouldn't disclose his position on doing away with the Senate filibuster in order to expand the GOP's stolen U.S. Supreme Court and much much more, including Trump's failure to condemn white supremacy, his deadly criminal failure to contain the coronavirus, his very serious threat to American democracy itself, and whether either of the two candidates accomplished what they needed to.

As Parton sums up whatever went down in Cleveland on Wednesday night: "We had one mainstream, normal politician and an alien from outer space, debating on the same stage. And that didn't work out really well." She observes that all of this is "bad for the country" and goes on to cite Trump's "extra-Constitutional, extra-judicial" threat to "steal" the November election as "one of the most dangerous things any President has tried to do."

Says Boehlert about Trump performance: "He was dramatically different last night than he was in 2016. And he was awful in 2016," before going on to describe the reason as "creeping authoritarianism" in which "Trump is building a bonfire every day, every hour."

If you loved the first 2020 Presidential Debate, you may or may not love our show today. If you were as troubled by what you saw as we were, then you may take some comfort --- and even get a few much-needed laughs --- out of our special coverage today...

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Guest: BRAD BLOG legal analyst Ernest A. Canning...
By Brad Friedman on 9/29/2020 4:56pm PT  

I'll try to keep my BradCast summary as short and sweet as possible, as tonight's Presidential Debate in Cleveland begins shortly --- with full special coverage of it on tomorrow's program! [Audio link to today's full show is posted below.]

Among the stories covered today, beginning with some good news and slowly sliding downhill from there...

  • At around 7 points, Joe Biden's current lead in the national polling average against Donald Trump is the largest since Bill Clinton's re-election in 1996. But don't get too excited just yet. We don't run national elections. We run 50 state-by-state elections and it's the Electoral College votes of each of those states that matters, not the popular vote...except for this year, when the popular vote actually could end up making a huge difference in who becomes the next President. I explain why;
  • Biden's pre-election polling lead in the crucial battleground state of Pennsylvania, according to a new WaPo/ABC News poll, is now at a substantive 9 points. With the poll's margin of error factored in, however, it could be a much tighter race that that number suggests in Biden's birth state, which is being seen of late, by both campaigns, as the potential tipping point state for the Electoral College this year. But the news is much more good than bad for Biden in the key battleground, in that he is outperforming Hillary Clinton's 2016 lead over Trump in the noteworthy Dem-leaning parts of the state, and has substantially cut into Trump's 2016 margins in the Republican regions of the state and among voters (for example, white without college degrees) that Trump would need to repeat his very narrow reported victory in the Keystone State four years ago;
  • There are, however, many "X Factors" this year that should prevent anyone from thinking they know anything about how all of this could ultimately play out based on either national or battleground state polling numbers --- from the pandemic and the unprecedented number of absentee ballots this year, to the US Postal Service slowdowns, to new, unverifiable touchscreen voting systems in many locations, to the GOP's stolen U.S. Supreme Court and how those "Radicals in Robes" could still help game the system between now and Election Day (and in the days after), particularly if Republicans are able to steal an even larger the majority by ramming Trump's SCOTUS nominee Amy Coney Barrett onto the Court before Election Day, as Senate Republicans currently intend;
  • One of those "X Factors," for example, is playing out right now in New York City today, where the Board of Elections has an apparent disaster on its hands after their vendor sent out tens of thousands of mail-in ballots with the wrong names and addresses printed on the accompanying return envelopes. The BOE claims they will make good on the problem by getting corrected envelopes to voters in time to vote, but once again, chaos reigns for voters in Brooklyn, who are asked by the BOE to contact Apply4Absentee@boe.nyc or call 1-866-VOTE-NYC if they received an absentee ballot with the incorrect name or address on the return envelope;
  • Meanwhile, ballot battles continue in both state and federal courts regarding, among other things, how long after Election Day that mail ballots in swingstates like Pennsylvania, Wisconsin, Michigan and North Carolina may arrive at County headquarters to still be included in the final results. We're joined today by BRAD BLOG's long-serving legal analyst ERNEST A. CANNING to discuss some of those cases and how the U.S. Supreme Court's so-called "Purcell Principle" may serve to overturn (or uphold) rulings in both lower federal courts and in state Supreme Courts. Canning also offers some thoughts on Trump's nomination of Barrett to SCOTUS and how the latest Federalist Society-backed judge to be packed onto the high court illustrates the sweeping lurch to the radical right on our federal court system over the past 40 years;
  • Finally, we close with Desi Doyen and our latest Green News Report. The news she's got today is pretty grim...but don't blame Desi. There ain't much good news out there to work with these days...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/29/2020 11:19am PT  


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IN TODAY'S RADIO REPORT: Texas town's water system shut down due to deadly, brain-eating amoeba; Trump Administration opens up nation's largest protected forest to logging; Pebble Mine CEO resigns after boasting about obedient Alaskan politicians; PLUS: Trump's nominee to replace Supreme Court Justice Ruth Bader Ginsburg is not an advocate of the environment or public health... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Oceans Appear to Be Stabilizing. Here's Why it's Very Bad News; Ocean Heat Waves Are Directly Linked to Climate Change; White House recruited climate deniers for NOAA; Montana judge ousts Trump’s temporary Bureau of Land Management director; Exxon Touts Carbon Capture as a Climate Fix, but Uses It to Maximize Profit and Keep Oil Flowing; It’s Official — Consumer Reports Confirms EV Owners Spend Half As Much On Maintenance... PLUS: What to Pack in Your Emergency Bag — With COVID-19 in Mind... and much, MUCH more! ...

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Guest: Legal journalist Mark Joseph Stern on Amy Coney Barrett; Also: GA SoS orders pre-election testing stopped on new, touchscreen voting systems after major errors found affecting all 159 counties...
By Brad Friedman on 9/28/2020 6:49pm PT  

If you haven't already heard about the huge news regarding Donald Trump's taxes, I strongly recommend you go read it, because it's quite stunning. And yet, we didn't have enough time on today's BradCast to more than wave at that news at the top of the show. That's because the news at the U.S. Supreme Court is about to change this nation for a generation, according to our guest today, and perhaps forever. And not for the better. Also, we've got news that broke late Friday night out of Georgia that you almost certainly haven't heard about, but that is jaw-dropping and could result in an absolute disaster for every voter who chooses to vote at the polls in all 159 counties in the key battleground state this year. [Audio link to full show follows below.]

So, with that encouraging warm up, we turn first to the weekend's nomination of Judge Amy Coney Barrett by Donald Trump to become the sixth rightwing justice on the U.S. Supreme Court following the recent death of progressive icon Justice Ruth Bader Ginsburg. Before Ginsburg was even buried (her funeral is scheduled later this week), Trump wasted no time in naming Barrett, a proud disciple of the late Justice Antonin Scalia, to the high court. That as more than 20 states are already voting in this year's Presidential election. No nominee has ever been named this close to a Presidential election, and Republicans vow to have her seated before Election Day, even though they refused to even give Barack Obama's nominee, Merrick Garland, a hearing after Scalia died almost 300 days before the 2016 election. Republicans claimed at the time that "the American people should have a voice in the selection of their next Supreme Court Justice," since voting had already begun in the primaries that year. At the same time, as multiple polls make clear, huge majorities of Americans believe whoever is elected in November should be the one to name the next Justice to SCOTUS.

While disingenuous, duplicitous, dishonest, hypocritical Republicans lied in 2016 about that, they couldn't care less in 2020. So they are planning to ram Barrett through the confirmation process as quickly as possible, according to our guest today, Slate's great legal reporter MARK JOSEPH STERN, so that she will be seated in time for the Court to throw the election to Trump as needed. "Donald Trump has selected her for the express purpose of handing him the election by nullifying enough Democratic votes to secure him a second term," Stern makes clear at the outset. "He has said that out loud on multiple occasions. We have every reason to believe that was his chief criterion in selecting Barrett."

Beyond that, as to what Barrett's vote on the Court on other issues will mean for this nation, for health care, for abortion rights, for gun rights, for voting rights, for the environment, for LGBTQ rights, for immigration rights and much more, Stern pulls no punches today. The outlook is bleak. Very bleak.

"She is going to allow states to ban abortion, to punish and prosecute women who terminate their pregnancies, and even to let Congress ban abortion nationwide so that no state can give people access to the procedure," Stern details in his no-uncertain-terms litany of what Americans can expect under a 6 to 3 Court led by Barrett. "She isis against almost any kind of gun control law, including basic gun safety laws that keep violent criminals from obtaining firearms. ... She does not believe in the right to vote. She believes that states should be able to strip individuals of their right to participate in democracy for arbitrary and discriminatory reasons. ... She does not support LGBTQ equality. She rejects the idea of same-sex marriage. She does not even believe it's real marriage, so far as we can tell. ... She is going to strip our federal laws of all environmental and labor regulations that have any effect. She is going to abolish the federal government's ability to regulate carbon emissions, mercury, lead, to protect workers from labor exploitation," he explains before summing up: "She is going to remake this entire country's law in a way that might satisfy a robber baron of the 1800s, but will make every one else feel --- rightly --- like they're living in the dark ages."

Other than that, she's great! Actually, that's just a partial list of what he says should be expected if/when she is confirmed.

But he's equally clear about what he sees as the only way that Democrats --- and the nation itself --- can now be preserved. And that is the expansion of the Supreme Court with the addition of 4 more seats to restore the Court majority to liberals who should rightly have it after the GOP stole the Court majority from them in 2016. Presuming Dems take the White House and Senate majority this year, Stern argues: "Nothing else the Democrats do is going to matter if they don't begin here first. This is it. This is the test. If Democrats fail this, there might not be any coming back from it."

Would such a "radical" move make things worse? Will it lead to an endless cycle of SCOTUS Wars and the delegitimization of the Court itself? Stern speaks to all of that and much more today. Please tune in.

Then, the news that you almost certainly haven't heard out of Georgia. On Friday night, the Secretary of State's office informed elections officials in all 159 counties that they should immediately stop pre-election testing of the state's brand-new, $100 million, unverifiable touch-screen Ballot Marking Device (BMD) voting system due to what Election Director Chris Harvey described in an email as "an error in the November database which will require every county to get a new database for the November 3, 2020 election."

"I am very sorry to have to tell you this," Harvey continued, somewhat understating how serious this matter is. "I know that everyone is working as hard as they can to be prepared. We will do everything we can to minimize the delay this will cause. I will give you an update Monday on any ETA for your new database."

While it's still unclear when the corrected databases (or whatever the problem actually is) will be available, the Coalition for Good Governance, which has a long-running federal lawsuit to block the use of the state's new unveriflable touchscreen voting systems --- which every voter in the state is forced to use at the polling place, instead of safer, verifiable, hand-marked paper ballots --- filed a motion on Friday night explaining to the court that it is simply too late to properly test the 80,000 or so separate pieces of the system, as required by law, before Early Voting begins in two weeks.

"[U]nder the current plan," the Coalition spells out in the filing, pre-election "Logic and Accuracy testing is required for 34,000 touchscreens, 34,000 BMD [Ballot Marking Device] printers, 8,600 pollPads [electronic pollbooks], 3,800 precinct scanners, and 175 high volume mail ballot scanners," adding that "A far more manageable, realistic, and safe solution for an orderly and defensible November election is to use hand marked paper ballots instead of the BMD touchscreens and printers, while maintaining a single BMD in every polling place for accessibility needs, to satisfy the requirements of HAVA [the federal Help America Vote Act]."

The federal judge who found the state's previous, 20-year old touchscreen systems to be unsecure, unverifiable and, therefore, unconstitutional, is set to make a ruling at any moment on whether the new systems are equally unconstitutional and should be banned like the old ones were last year. She called all the parties in the case to an emergency hearing on Monday following Friday's stunning news, placing into question whether the state will be able to use the systems at all this November.

We will have much more on this disturbing story as it develops in coming days. But this is just another reason why it is insane to use these types of systems in any election, much less the most critical one in this nation's history. In addition to the entire state of Georgia --- a key battleground state this year --- similar unverifiable touchscreen Ballot Marking Device systems are being used for the first time this year in many of the most Democratic-leaning counties in key battleground states including Pennsylvania, Ohio, North Carolina and Texas, among others, not to mention Los Angeles County in California, the most populous voting jurisdiction in the nation...

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Staring down --- and making sense of --- Trump's cowardly threats against a peaceful transition and to democracy itself; Also: Accountability coming soon for Trump Family in NY; And, yes, even TX is now in play...
By Brad Friedman on 9/24/2020 6:27pm PT  

On today's BradCast: He wants you to be frightened. He wants to terrorize you. Don't let him. Vote instead. [Audio link to today's show.]

The fact that time is running out for the Trump Crime Family and their decades of fraud in New York --- as Eric also clearly knows --- is probably not helping, but Donald Trump is getting desperate. Hence, his refusal to commit, when when asked about it during a press briefing Wednesday at the White House, to a peaceful transfer of power after this year's Presidential election.

His excuse? "The ballots are a disaster...Get rid of the ballots....The ballots are out of control." While many have been discussing the disturbing options that some Republican controlled states may consider using to override the ballots by having their legislature select Electors to the Electoral College this year in defiance of voters, that's probably not what Trump was talking about yesterday when pretending "the ballots are out of control!"

He has been complaining for months about states that are automatically sending absentee ballots to all active registered voters this year. He is pretending this is "out of control" and a "scam" by Democrats to somehow steal the election. In fact, as we break down on today's show, Trump's complaints are, themselves, a scam.

In short, 5 states (Oregon, Washington, Colorado, Utah and Hawaii) have long sent all voters absentee ballots, whether they request one or not. Of those, only Utah is a so-called "red" state, and none of them are seen as anywhere close to likely to flip their Presidential vote from the way they voted in 2016. So, Trump is almost certainly not complaining about those five states.

But this year, due to the COVID-19 pandemic that Trump failed so disastrously to control, 5 other states (California, Vermont, New Jersey, Montana and Nevada) will also be sending mail-in ballots to all voters. Of those, the first three are very reliably Democratic states in Presidential elections. Trump won Montana by some 20 points in 2016. So, of those five, only Nevada (whose Republican Secretary of State is in charge of the election) could be considered, in any sense, a swing-state --- though it hasn't elected a Republican nominee for President since 2004, and a new Fox "News" poll out this afternoon shows Trump trailing Joe Biden there by 11 points.

If somehow, magically --- due to some imagined massive Democratic fraud --- both Montana and Utah suddenly flipped to Biden this year, but Trump managed to hold all the same other states he won in 2016 (none of which have instituted universal Vote-by-Mail this year), Trump would still win the Electoral College.

So what is he pretending to be so bothered by? Actually, nothing. He is simply desperate to win and, as his chances of doing so are dwindling, he's desperately grasping to pretend there is a massive Democratic scheme to cheat him out of that win with universal Vote-by-Mail. There isn't.

But make no mistake, he will do nearly anything to come up with a way to get a "win" --- as long as it's other people who will risk their lives for it. That, of course, is also why he is hoping to further pack an already stolen, 5 to 3 rightwing U.S. Supreme Court, and why he is signaling that there may not be a peaceful transfer of power in the event that he loses.

Despite his threats, Trump is a coward. Bullies want you to be afraid of them, when, in fact, they are terrified of you. As well he now should be.

This nation is about to be tested in a way that we haven't seen since at least the Civil War. But, as we discuss today --- and in agreement with both Nancy Pelosi's and Bernie Sanders' responses today to Trump's Briefing Room thuggery --- the solution is the vote. An overwhelming landslide of a vote, which is now completely possible if we all step up and do our duty to save this democracy. To paraphrase Barack Obama: Yes, we can!...But will we?

We will find out over the next six weeks...and beyond. We offer both advice and encouragement to that end on today's show.

Also today, just a few more reasons for Trump's increasing panic, in addition to the New York State Attorney General and the Manhattan District Attorney both quickly closing in on Trump Organization crimes in two separate probes: A federal court this week tossed out the Trump/RNC lawsuit in Nevada seeking to block their Vote-by-Mail election, despite legislation adopted by the state legislature and signed by its Governor; And the news that even Texas could now be in play, with a record 1.6 million newly registered voters, Democrats spending millions on TV ads in a state long previously considered to be a Republican state, the Biden Campaign hiring on-the-ground staffers, and CBS' latest Battleground Tracker poll finding Trump leading Biden by just two points in a state that hasn't elected a Democratic nominee for President since 1976. Oh, and Republicans appear so frightened about what could happen if voters are allowed to cast their votes in Texas this year, that a bunch of them are suing their own Republican Governor to roll back his tepid expansion of Early Voting in response to the coronavirus.

Finally, Desi Doyen has quite a bit of "big" and, yes, very good news for us today (for a change) in our latest Green News Report...

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Guest: Investigative journalist Art Levine: Also: No charges for Breonna Taylor killing; FBI issues curious 'Announcement' on election fakery...
By Brad Friedman on 9/23/2020 7:12pm PT  

On today's BradCast: So, Donald Trump's campaign, as well as the National Republican Committee and the Pennsylvania state GOP, are battling it out with state Dems and the state's Democratic Secretary of State over pretty much all aspects of absentee mail-in voting in the key battleground state. But, for some reason, as our guest reports today, Trump and the GOP are actually joining forces with Dem Secretary of State Kathy Boockvar to defend the use of brand-new, 100% unverifiable touchscreen voting systems in the most Democratic-leaning part of the state. Now why would they be doing that?

Before we get there today, however, some quick news on today's announcement on the lack of charges brought against the Louisville, Kentucky police officers who killed Breonna Taylor, a 36-year old African-American emergency medical specialist, in her apartment in the middle of the night this past March.

Also, some thoughts on a somewhat odd "Public Service Announcement" issued on Tuesday by the FBI and the U.S. Cybersecurity and Infrastructure Security Agency regarding "foreign actors and cybercriminals" who might take advantage of the necessary delay in tallying absentee ballots in the days following Election Day on November 3rd. The federal agencies warn that bad actors could "create new websites, change existing websites, and create or share corresponding social media content to spread false information in an attempt to discredit the electoral process and undermine confidence in U.S. democratic institutions." The announcement warns that malicious individuals could propagate false information about vote counts and other disinformation "that includes reports of voter suppression, cyberattacks targeting election infrastructure, voter or ballot fraud, and other problems intended to convince the public of the elections' illegitimacy." It's an odd "announcement" that focuses largely on foreign actors, while warning the public "to seek out reliable and verified information from trusted sources, such as state and local election officials." They say nothing about domestic bad actors, nor do they recommend federal sources as "trusted". We discuss.

Then, in Pennsylvania, Republicans have told the state Supreme Court that they plan to appeal last week's rulings against them to the U.S. Supreme Court. The news follows the Keystone State's high court determination that mail-in ballots can be counted if they arrive up to three days after Election Day; that absentee ballot drop-boxes are perfectly legal; and that state law bars poll watchers who come from outside of the county where they plan to observe. At the same time, the Trump Campaign is suing the state in federal court over many of the same issues in a suit that could also find its way to the U.S. Supreme Court. That may be just one of the reasons that Republicans are pushing so hard to seat a replacement so quickly for the late Justice Ruth Bader Ginsburg. As VP Mike Pence told Fox 'News' on Tuesday, "there is a possibility that election issues may come before the Supreme Court in the days following the election, and all the more reason why we should have nine Justices on the Supreme Court to be able to resolve any issues that may arise ." (Notably, this is something Republicans didn't seem to care about in the least before the 2016 election, when they were blocking Barack Obama's nominee from filling the late Justice Scalia's seat for a full nine months before the election.)

But for all the legal fights that Republicans are carrying out to block the use of, delivery of, and counting of verifiable hand-marked paper mail-in ballots in PA, for some reason the Trump Campaign is intervening in a court case to side with the Democratic Secretary of State there to defend the use of 100% unverifiable touchscreens in Philadelphia, the most Dem-leaning part of the state. Trump's intervention is in a suit filed by the NAACP (which we discussed with the attorney working on the case in a recent show) against the PA SoS, which seeks to block the state's use of the new computer touchscreen Ballot Marking Devices (BMDs). It's curious, to say the least, that Team Trump is supporting SoS Boockvar's use of the new, unverifiable devices, which are being forced for universal-use in all Philly polling places this year.

We're joined today by longtime investigative journalist and author ART LEVINE to discuss his detailed report today at Washington Monthly, headlined "Donald Trump's Favorite Voting Machines: Ballot-marking devices in key swing states could give him the perfect excuse to contest the election." In the article, and on today's show, Levine describes the boondoggle e-voting systems that have been installed for first time use this year in a number of key battleground states, including Georgia, North Carolina, Ohio, Texas and, yes, Pennsylvania. They are remarkably expensive, produce ballots that can never be verified after an election as reflecting the intent of any voter who used one, and they have failed disastrously in multiple ways in several states (including PA) during their first-time use in primaries earlier this year.

Sadly, it's not only Trump and PA's Democratic Sec. of State who are defending or otherwise quietly allowing the use of these dangerous new voting systems. So are many Democratic officials and election watchdog organizations that have historically been critical of electronic voting systems. "They've been absolutely radio silent --- except for Ohio Democrats --- at the state and national level about the risks of this voting technology," charges Levine. Even here in Los Angeles, our Democratic Sec. of State Alex Padilla has been very supportive of the $300 million dollar boondoggle touchscreen BMD system installed this year, disastrously, by Los Angeles County's Democratic Registrar of Voters, Dean Logan.

Levine's new investigative report today explores many of these various strange bedfellows in detail.

"I hope I can shed further light on the tangled, unbelievable, nutty mess in Philadelphia that is emblematic of the kind of challenges that other swing states --- statewide in Georgia and in some key Democratic cities in Ohio, Texas, North Carolina and so on --- will be facing. It's a nightmare beyond the already-other nightmares that we're aware of," he explains, describing a potential disaster with these systems that adds "kindling" for "a Constitutional crisis...if Trump doesn't win on Election Night."

Recent studies [PDF] reveal that 93% of voters do not notice when a BMD has changed one of their selections on the paper "ballots" printed out by these touchscreen systems. Moreover, the tallies created by optically-scanning those "ballots" (with yet another computer) are not even based on the human-readable printout that voters may or may not bother --- or be able --- to successfully verify as reflecting their intent. Instead, it is a barcode or a QR code, which can't be read by voters, that is also printed on the "ballots" and used by the scanning computers to tally the votes. But, still worse, even if everything works perfectly --- if the machines don't break down as they did during the primaries, causing hours-long lines, and if they aren't hacked or misprogrammed and everyone somehow manages to verify them accurately --- there is still no way for anybody to know after the election that any of those ballots accurately reflect the will of any voter.

As Levine warns in his report today: "Let's say the November election is close, and Donald Trump comes up short in Pennsylvania or Georgia or North Carolina, or all of them, and loses the Electoral College vote. ... It would make perfect sense for him and his lawyers to seize on the ambiguities of BMDs to argue that the voting was rigged and illegitimate. And Democrats would be hard-pressed to prove Trump wrong --- especially since some of their own elected officials and allies have been relatively quiet about the BMDs' shortcomings, and in some cases have even been at the forefront of pushing for the machines' use."

We have been warning as much for years. I'm happy to see Levine picking up those serious concerns and amplifying them. Please read his important article in full and then listen to today's show --- or vice versa.

Finally, Desi Doyen joins us for some quick --- but VERY big --- news today out of California, where Gov. Gavin Newsom has announced plans to ban the sale of new internal combustion engine (ICE) cars in the state by 2035. That's right! If his initiative is successful --- and it is bound to be challenged and hated by Trump and the fossil fuel industry --- the Golden State may be selling nothing but electric cars at new car dealers in as little as 15 years!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Harvard Law School legal historian Michael Klarman; Also: 200,000+ Americans killed (so far) by COVID; GOP's Supreme hypocrisy...
By Brad Friedman on 9/22/2020 6:47pm PT  

On today's BradCast: American democracy is far more broken than most of us realize. But we can't begin to repair it until we've corrected the GOP's stolen U.S. Supreme Court by expanding it and, as our guest today notes, "entrenching democracy". [Audio link to show follows below.]

But, before we get to that today, very quickly, we take note of the more than 200,000 Americans who have now been killed by COVID-19. As AP reports, that is the equivalent of a 9/11 disaster every single day for 67 days in a row. Or the entire city of Salt Lake City, UT or Huntsville, AL being wiped off the map. That horrific number likely under-counts the real total by tens of thousands and is expected to more than double to nearly 400,000 or more dead by the end of this year. The tragic landmark also comes the day after the President of the United States told his supporters at another shoulder-to-shoulder, largely-maskless campaign rally in Ohio on Monday night that the coronavirus "affects virtually nobody."

Meanwhile, Republicans in the Senate appear to have completed their hypocritical contortions of reality in order to declare they are now ready to vote to fill the U.S. Supreme Court seat vacated with the death of Justice Ruth Bader Ginsburg just four days ago. See? That was easy! Never mind all of those vows back in 2016 --- and even as recently as July of this year, in the cases of hypocritical Republican Senators Chuck Grassley and Joni Ernst of Iowa --- that they would never, ever support a new Justice being seated on the Supreme Court in the last year of a Presidential term! The "new rule", as Lindsey Graham dishonestly lied about it in 2016 (on video tape, asking for his words to be used against him if he ever acts otherwise), is now apparently the "old rule" and no longer operative. After his flip, Graham announced Monday night that whoever Trump's nominee is (to be revealed Saturday, before RBG is even buried), they "will be supported by every Republican in the Judiciary Committee and we have the votes to confirm the justice on the floor of the Senate before the election. And that's what's coming."

The news from Graham, who now chairs the Senate Judiciary Committee, comes as Colorado's Sen. Cory Gardner agreed to support Trump's nominee, after saying in February of 2016, when Scalia died, that "I think we're too close to the election. The President who is elected in November should be the one who makes this decision.". It also comes as Utah's Mitt Romney, who voted just months ago to remove Trump from office during his impeachment trial, declared that he believes it's in keeping with "historical precedent" and a matter of "immutable fairness" to consider, ASAP, a third lifetime appointment to the highest court in the land by the man who he didn't even think should hold the job of President just seven months ago. Things change quickly around here.

For the record, Ernst, Gardner and Graham are all facing very tough re-election challenges this year from Democratic Senate nominees Theresa Greenfield in Iowa, John Hickenlooper in Colorado, and Jaime Harrison in South Carolina, respectively.

None of these nightmares, however, could even be happening, were it not for our broken system of democracy. One which has allowed not only one stolen Supreme Court seat back in 2016, but which allows a President who lost the popular vote and a Republican caucus in the Senate which received fewer votes than the Democratic Senators (yet still retains its majority) to break their own invented "precedent" in order to steal yet another seat on the nation's highest Court.

As our guest today characterizes the stolen SCOTUS majority after the GOP's FIRST stolen seat in his upcoming Harvard Law Review article on "The Degradation of American Democracy --- and the Court": "McConnell's stratagem was unprecedented: the theft of a Supreme Court seat. Even though Democrats have now won the popular vote in six of the last seven presidential elections, a combination of the vicissitudes of the electoral-college system, the ability of most Justices to time their retirements, and McConnell's Machiavellian maneuver, has produced the most conservative Supreme Court since the 1930s. This is not how democracy is supposed to work."

But it's how it "works" now, apparently, even as that paragraph was penned before McConnell's latest "Machiavellian maneuver" upon the death of RBG. We're joined today by Harvard Law School legal historian, Prof. MICHAEL KLARMAN, to discuss our broken democracy and how to begin repairing it by expanding the size of the current Court to restore the liberal majority stolen from Democrats beginning in 2016. We last spoke with Klarman back in 2018, when he argued that if Democrats failed to do so when they next regained both the White House and the Senate majority, they would be committing "political suicide". Now, he argues, the case is even stronger and more urgent.

Klarman also clerked for the Honorable Ruth Bader Ginsburg when she served as a judge on the U.S. Court of Appeals for the D.C. Circuit in the 1980s and shares some thoughts on both her passing and on his time working for the now-legendary late Justice at the top of our conversation.

"The argument for altering the size of the Court is very straightforward," Klarman goes on to explain. "The only argument against it is if Democrats do it, then Republicans will do it, and we'll be in a retaliatory cycle that will never end. But there are three different responses to that. One is the Republicans have already done it by shrinking the size of the court by one [for a year after Scalia died]. Second, the Republicans will do it, whether Democrats do it or not, the first time it appeals to Mitch McConnell to do it. Mitch McConnell has demonstrated in the last few days that he's just an utter and complete hypocrite. ... So if Republicans are going to pack the court anyhow, that's hardly an argument against Democrats doing it."

"The other argument is we need to break out of the situation we are in right now, which is a Republican Party and a President that are a threat to American democracy," Klarman warns, before going on to list the ways in which the GOP now "suppresses votes in a score of different ways at the local level --- with voter ID laws, with voter purges, shutting down mobile voting sites so college campuses can't encourage students to vote --- I mean, it's really quite extraordinary what the Republican Party is doing in order to steal elections."

Klarman tells me that any Democratic attempt to entrench democracy, should they win the White House and Senate, can be struck down by a Supreme Court that "will come up with some contrived Constitutional argument to strike it down."

"If you actually entrench democracy, and all Americans who wanted to vote could vote without obstacles, the Republicans Party understands they would never win another election until they start changing their policies so that they appeal to more Americans," he says.

Right now, Klarman argues, "The deck is stacked against Democrats. So Democrats get one chance to do this right [if they are able to win back the White House and Senate in November.] And if they don't do it, then you're going to have to give up on American democracy pretty soon, because this Republican Party supports an authoritarian President who doesn't believe in freedom of speech, freedom of the press, independent judges, who encourages violence, who pals around with autocrats around the world. The Republicans are fine with that. People don't seem to appreciate how alarming the situation is. We are on the cusp of losing our democracy. This is the most important election in American history, since the Civil War."

Finally, as if all of that is not disturbing enough, Desi Doyen joins us for our latest Green News Report! Which, as usual, is filled with nothing but great news all around!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/22/2020 10:53am PT  


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IN TODAY'S RADIO REPORT: Tropical Storm Beta breaks new records as it grinds into storm-weary Gulf Coast; Smoke from record wildfires in the West is causing another public health crisis; Rising global temperatures are increasing the likelihood of mega-fires; PLUS: The loss of trailblazing US Supreme Court Justice Ruth Bader Ginsburg is a loss for the environment... All that and more in today's Green News Report!

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On her historic, nation-changing legacy and the unspeakable GOP hypocrisy over her replacement; Also: Callers ring in on what Dems must do next and on expanding the stolen SCOTUS...
By Brad Friedman on 9/21/2020 6:30pm PT  

On today's BradCast: I suspect you know what we'll be covering. [Audio link to show follows below.]

But, briefly today, before we get to the titanic battle over what may happen in the next 43 days before Election Day, we begin with a few words of warning from Desi Doyen on the latest incoming Hurricanes/Tropical Storms. In the most immediate case, Tropical Storm Beta (so named because we've run out of alphabetical names in this record, climate change-fueled storm season), is set to make landfall near flood-prone Houston on Monday night before a very slow and dangerously wet roll up the Gulf Coast toward New Orleans.

But every tragedy and disaster steps on another one these days (even as our COVID-19 disaster has now resulted in at least 200,000 Americans dead, and a Trump Administration that has politicized the CDC so much that once world-respected federal agency removed its warning that the coronavirus is airborne from its website today, with little explanation.) Despite all of that, we are forced to move in short order to the story of the day --- and perhaps of the next 43 days or more --- the death of U.S. Supreme Court Justice Ruth Bader Ginsberg from metastatic pancreatic cancer, as announced on Friday evening.

We discuss her extraordinary historic legacy both on the Court and before she became a federal jurist 40 years ago, all too briefly today, as the fight over filling her vacant seat began within seconds of her death being announced late last week. Nearly as quickly, Republican Senate Majority Leader Mitch McConnell vowed to hold a vote in the Senate on Donald Trump's nominee this year --- either before or after Election Day --- despite spending a full year in 2016 disingenuously claiming that "the American people should have a voice in the selection of their next Supreme Court Justice" after Justice Antonin Scalia's death in February of 2016. Back then, Obama nominated centrist jurist Merrick Garland a full 237 days before the Presidential election, while McConnell --- holding fast to his dishonest line that the "vacancy should not filled until we have a new President" --- refused to even hold a hearing on the nomination, much less an up or down vote on the Senate floor.

But now, in this case, following the death of a Democratic appointee with a Republican now in the White House, just 46 days before the 2020 Presidential election, McConnell and most of his Republican caucus in the Senate appear ready to move ahead with their rank hypocrisy at lightning speed. That includes Sen. Judiciary Chair Lindsey Graham, who repeatedly said over the years since 2016 that he would never support seating a new SCOTUS Justice during a Presidential year --- and that we should remember his comments and hold him to them, if the need ever arises. Nonetheless, with the death of RBG on Friday, the unmatched world-class hypocrite Graham declared the very next day, on Saturday, that he would indeed "support" Donald Trump "in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg."

It appears it will now be up to the voters of South Carolina to hold Graham accountable. According to the latest polling in the state, he is said to be tied in a tough re-election challenge this year against Democratic U.S. Senate nominee Jaime Harrison.

So far, just two Republican Senators have gone on record to say they would not support a vote to replace Ginsburg before this year's election (does that mean they'd support it afterward, even if Biden wins? Unknown at the moment.) Those two are Sen. Lisa Murkowski of Alaska and Sen. Susan Collins of Maine. Collins is also facing a tough reelection battle in her own home state this year against Democrat Sara Gideon. While there are boatloads of Republican Senators who previously vowed they'd not support the seating of a new Justice in 2020, it remains to be seen which, if any, will be able to avoid an appalling, Lindsey Graham-like flip-flop. As of now, just two more Republican Senators would have to dig deep enough to find the courage and intellectual honesty to do the right thing in order to stop any appointment until after the next President is determined by the American people.

There are a number of other possible factors that may come in to play in the days ahead. For example, the potential election of Democratic nominee Mark Kelly over Sen. Martha McSally in Arizona on November 3rd, in what is actually a Special Election in that contest, could result in Kelly's seating in November, instead of January with the new Congress. If that came to pass, it could mean that just one more Republican vote could stop this charade. There is also the possibility that Democrats could file another impeachment (or two) in the U.S. House to force a trial in the Senate to slow down the nomination battle over whoever Trump nominates to fill RBG's seat.

And, of course, no matter what happens, Democrats need to begin making plans to expand the number of seats on the stolen U.S. Supreme Court NO MATTER WHAT happens with the GOP's attempt to ram through another rightwinger to build on their ALREADY STOLEN Court majority.

And with that, we open the phone lines today for thoughts on RBG's legacy and, much more so, what Democrats should and/or must do now...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Obama's DNC Day 3 speech for the ages; Also: All the President's Accountability - Bannon arrested for fraud, Trump loses again on taxes...
By Brad Friedman on 8/20/2020 6:10pm PT  

Today's BradCast, I suspect, largely speaks for itself. [Audio link to full show is below.]

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

  • Steve Bannon, Donald Trump's third 2016 campaign chief and former CEO of the rightwing propaganda outlet Brietbart, becomes the third to be arrested and charged with crimes. He now faces federal felony fraud charges for stealing $1 million from a supposedly non-profit donor-driven wingnut effort that raised $25 million to build fencing on the U.S. southern border. We're happy to see yet another Trump-enabled con-man and grifter held accountable, but it comes with a warning about what this likely means for other federal indictments that could drop in the coming days ahead of the November 3rd election;
  • After receiving a very generous mulligan from the Republicans' stolen U.S. Supreme Court last month --- allowing his attorneys another bite at the apple in making their ridiculous case that the President of the United States is above the law in every way --- Trump's lawyers lose yet again, as a lower federal court judge rules for a second time that Trump's accounting firm, Mazars USA, must turn over his tax returns and other financial documents to the Manhattan District Attorney investigating the President on state fraud charges;
  • Our quick review of the masterfully crafted and performed Day 3 of the DNC's virtual Democratic National Convention, including the historic nomination and perfectly delivered acceptance speech by official Vice Presidential candidate Kamala Harris, and...;
  • An extended excerpt of former President Barack Obama's speech for the ages, unlike any he's ever delivered, with a stern and clarion call to all Americans to rise up now by casting our votes to save democracy and the republic itself...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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