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Latest Featured Reports | Thursday, September 26, 2024
Trump Weaponized Govt Against His Enemies, Vows to Do It Again: 'BradCast' 9/26/24
Also: NYC Mayor indicted; D.C. disbars Rudy; Newsmax settles with Smartmatic; Helene goes Cat 1 to 4 in single day before FL landfall...
'Green News Report' 9/26/24
  w/ Brad & Desi
Hurricane Helene guns for Florida; Global warming doubled odds of Europe's catastrophic flooding; PLUS: Biden promotes climate action at final U.N. address, with a warning...
Previous GNRs: 9/24/24 - 9/19/24 - Archives...
The Climate and Economy Stakes of 2024:
'BradCast' 9/25/24
Guest: Ryan Cooper of The American Prospect; Also: Trump's Project 2025 in reality, in the U.S. House, and in song!...
Good News for Democracy in Nebraska, Arizona (Less So Montana): 'BradCast' 9/24/24
Also: Hurricanes John and Helene; Biden's final address at the U.N. General Assembly...
'Green News Report' 9/24/24
  w/ Brad & Desi
CA sues ExxonMobil for plastic recycling lies; John strikes Mexico as Cat 3; Three Mile Island coming back to power Microsoft's A.I.; PLUS: Climate Week summit kicks off in NYC...
Previous GNRs: 9/19/24 - 9/17/24 - Archives...
No, GA's New Rule Does NOT Mandate Hand-Counted Results: 'BradCast' 9/23/24
Guest: Voting system expert Marilyn Marks on the wildly misreported Georgia news and what voters should be worried about instead...
Sunday 'Not Going Back' Toons
THIS WEEK: Springfield Follies ... Political Violence ... The Undecidables ... Pro-Life? ... And much more in our latest collection of the week's best toons!...
Losers' Stench: GOPers Gaming the Map to 270: 'BradCast' 9/19/24
Bad news for Rs in NC; Trump/Vance lies in OH; Desperate GOP Electoral Vote scheme in NE; Gaming result certification in GA; Vote suppression in TX; Vote expansion in CA...
Dueling Lawsuits: State A.G. and County Election Officials Square-Off Over Voter Registration in Texas
Right to register under assault following state's massive voter roll purge...
'Green News Report' 9/19/24
  w/ Brad & Desi
U.N. weather agency warns of climate chaos...that may already be here; NC storm tops $7B in damage; PLUS: Biden's air pollution policies will save 200,000 lives...
Previous GNRs: 9/17/24 - 9/12/24 - Archives...
Winning Over White Evangelicals for Harris: 'BradCast' 9/18/24
Guest: Pastor Doug Pagitt; Also: With great power (and a huge microphone) comes great responsibility...
PA County Election Chief on 2024 Challenges in 'Tipping Point' State: 'BradCast' 9/17/24
Guest: Fayette County Election Dir. Marybeth Kuznik; Also: It's Nat'l Voter Registration Day!...
'Green News Report' 9/17/24
NatGas pipeline explosion in Houston suburb; Deadly storms, flooding in Europe, Africa, North Carolina; PLUS: Trump threatens California...
Amid Trump's Racist, Anti-Immigrant Screeds, Supp-orters Tell Us Why They Back Him: 'BradCast' 9/16/24
Some reasons are as bad as you might guess; Also: New assassination scheme; More lies...
Debate Moderator Was Right: Trump Lost 2020 Challenges for Lack of Evidence
Former President falsely claimed it was due 'only' to lack of 'standing'...
Sunday 'Da Bait' Toons
THIS WEEK: Doggone Springfield ... Swift Boating 2024 ... Afterthoughts ... and more, in our latest collection of the week's best toons!...
'Green News Report' 9/12/24
Climate policy gets short shrift at Presidential Debate, as fires rage in the U.S. West and Hurricane Francine slams into Louisiana...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


With Brad Friedman & Desi Doyen...
By Desi Doyen on 11/6/2018 10:24am PT  


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IN TODAY'S RADIO REPORT: U.S. Supreme Court allows kids' landmark climate trial to proceed; New study finds 90% of world's children breathe highly polluted air; Plastic pollution is everywhere --- now even in human waste; PLUS: The World Bank finally ditches coal, because renewables are cheaper... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Facing climate change, states and cities seek to borrow billions; Judge blasts USF&WS, says endangered red wolves can't be shot; Trump backs wood power that scientists call dirtier than coal; Trump’s air pollution adviser says clean air saves no lives; Divisive Minnesota mine wins permits, but faces challenges; Wait, have we really wiped out 60 percent of animals?; Things aren’t looking good for climate change content on the EPA’s website; Large hydro-power dams 'not sustainable' in the developing world; Palau is first nation to ban 'reef-toxic' sunscreens... PLUS: "Ratpocalypse": Climate change could mean rat population explosion... and much, MUCH more! ...

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Guest: Voting rights journalist Ari Berman on voter suppression and important down-ballot voting; Also: Election Day nightmares previewed in WI, TN, ND?; Third-party pull-outs in AZ, MT U.S. Senate races...
By Brad Friedman on 11/2/2018 6:32pm PT  

Nearing the final stretch, voters fight to overcome suppression; a few potential nightmare scenarios for Election Day voting preview themselves as Early Voting wraps up; and we look at a number of Secretary of State contests on Tuesday that could have big (and good!) consequences for voting rights before the 2020 Presidential election.

Among the stories covered on today's BradCast [Audio link to show posted below]...

Internet outages across Wisconsin are causing problems for voters hoping to get information on candidates and polling places from the state website. And voters in Rutherford County, Tennessee were unable to vote for an hour on the final day of Early Voting, due to the reported failure of a "primary data storage system" in the county that left polling places unable to verify registrations on electronic-pollbook systems which access voter files across the Internet. These situations, including reliance on the Internet voting at the polls, would result in havoc if they occur next Tuesday. What could possibly go wrong?

A federal judge in North Dakota denies an emergency motion filed by Native American voting rights groups to lift the state's new law requiring street addresses on IDs. Thousands of Native Americans living on reservations do not have such addresses. The George W. Bush-appointed judge claims federal precedent bars most last minute changes to election laws in order to avoid chaos, though the U.S. Supreme Court allowed the new GOP law to stand just weeks ago, despite it having been stayed during the state's primary in June (by the same judge). Chaos has reigned ever since, as tribes scramble to assign addresses and print new IDs, and the GOP Secretary of State refuses to say whether those new addresses will be accepted for voting purposes on Tuesday;

Georgia's Republican Secretary of State and gubernatorial candidate Brian Kemp loses again in court, as a judge rules he may not bar thousands of voters wrongly flagged by the state as non-citizens from voting on a normal, non-provisional ballot, when they present documents proving their citizenship at the polls.

Then, we're joined by Mother Jones' voting rights journalist ARI BERMAN to discuss his recent New York Times article on the extraordinary voter suppression playing out across the country in several GOP-controlled states, and a potentially available antidote for some of those problems before 2020: electing Secretaries of State who will expand the right to vote rather than restrict it.

Berman, author of Give Us the Ballot: The Modern Struggle for Voting Rights in America, details a number of Democratic candidates who could pick up SoS offices next week in several key states, including Iowa, Ohio, Michigan, Georgia and others where Republicans currently enforce (and abuse) voting laws. Of course, voters will have to overcome voting roll purges and other suppression methods at the polls on Tuesday in order to see those important changes before 2020.

He suggests the scope of the suppression we're seeing this year is broader, because "it's happening in so many states," in no small part because there are "a lot of elections in states that normally aren't competitive." Add to that bad laws in many of those states which have "created a really toxic combination for suppression."

Much of it, Berman explains, would have been blocked from ever happening, had the U.S. Supreme Court not gutted Section 5 of the Voting Rights Act in 2013. "Texas, Georgia, a bunch of these Southern states, basically they kind of feel like they can do whatever they want. You can try to stop them if you want, but they don't have to worry about the federal government or the Voting Rights Act anymore" when it comes to federal preclearance for racially discriminatory laws.

"If Democrats are able to take back Governor's seats and Secretary of State races, and all of these other important down-ballot offices in key states, they can do the reverse. They can start passing things to expand voting rights, and that sort of takes the Supreme Court out of the ballgame somewhat," he tells me, before we wade through some of the currently held GOP Secretary of State seats that may see Dem takeovers this year, and in some surprising places. "I hope all this focus on voter suppression --- because it's been getting a lot more coverage in 2018 than 2016 --- will actually lead to some changes in policy, especially if some of these key states flip."

We also discuss some of the initiatives on the ballot next week in several states that could dramatically help to expand the electorate, make registration easier, and end partisan gerrymanders entirely in some states.

Finally today, third-party candidates pull out of two different closely watched and very tight U.S. Senate races in Arizona and Montana. That's likely good news for Democrats in one state, good news for Republicans in the other. But, in both cases, those former candidates will remain on Tuesday's actual ballot, since they dropped out so late in the game...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Oliver 'OJ' Semans of Four Directions: Also: Kemp denied again in GA; Tough re-election fight for OR's Dem Guv; KMOX, 'The Voice of St. Louis', misinforms voters in MO about 'tamper-proof' voting machines...
By Brad Friedman on 10/31/2018 6:40pm PT  

On today's BradCast: There is no small amount of irony in the fact that the first people of this country, Native Americans, are now being forced in North Dakota to go through extraordinary measures to prove their residency in order to vote in America in next Tuesday's crucial midterm elections. [Audio link is posted at bottom of article.]

But, first up today, a small measure of good news from a federal court in Georgia regarding Republican Sec. of State and gubernatorial candidate Brian Kemp's continuing legal battle to throw out Vote-by-Mail ballots based on dubious hand-writing analysis made by partisan election officials. Kemp insists he has the right to toss out ballots without offering Constitutional due process to voters and continues to appeal the U.S. District Court judge's ruling, meant to avoid the disproportionate rejection of votes cast by African-Americans in Kemp's deadlocked race against African-American Democrat Stacey Abrams.

But while that race, which could turn the state "blue", has received a good deal of attention this year, the "toss-up" gubernatorial contest between Oregon's Democratic incumbent Gov. Kate Brown and her GOP challenger, Knute Buehler, has received far less notice. Despite an expected increase in Democratic turnout this year, the progressive Brown is facing a surprisingly close re-election contest in what is otherwise considered to be a very "blue" state, as the GOP and its corporate supporters are pouring millions into the effort to defeat Brown.

Next, we head to North Dakota, where an astonishing effort by state Republicans to disenfranchise Native Americans was recently approved by the U.S. Supreme Court. The effort to prevent the state's tribal members from voting began almost immediately after Democratic Sen. Heidi Heitkamp's razor-thin election by fewer than 3,000 votes back in 2012. Now that she's running for re-election against Republican Kevin Cramer, state Republicans have changed the state's Voter ID law to require physical street addresses rather than the P.O. Box addresses used by many Native American voters living on reservations. In early October, SCOTUS allowed the new requirement to stand, even though the restriction was not in place during primaries last June, giving tribal members less than a month to figure out how to assign addresses to thousands of eligible voters and help prevent chaos and confusion.

Chaos has reportedly reigned, however, even as the state's tribes have been banding together to assign street addresses and create new tribal IDs as quickly as they can, vowing to create such IDs outside polling places even on Election Day on November 6th. On Tuesday, a new lawsuit [PDF] was filed charging that election officials have been rejecting addresses on absentee ballot requests, since newly assigned addresses do not exist in some state databases, and the state's Secretary of State refuses to say whether IDs with new street addresses assigned by Native American voting rights groups will be allowed for use on Election Day.

We're joined today by longtime Native American voting rights advocate OLIVER "OJ" SEMANS, a member of the Rosebud Sioux Tribe and co-founder of the non-partisan Four Directions, which focuses on Native American voter engagement and access. He explains his group's extraordinary (and expensive) efforts being taken to help organize against the suppression of ND's shameful new law, why he believes it was enacted, and whether he feels that indigenous Americans in the state will be able to overcome it.

"The rulings by the 8th Circuit and by the [U.S.] Supreme Court was basically severe spinal damage to the backbone of democracy," he tells me. "The backbone of democracy, which is voting, can only take so many kicks in the back like that before it's broken. Native Americans, who have basically enlisted in the United States services, percentage-wise, more than any other race, and have fought for freedoms for the country, have decided that we're going to fight for our own country for awhile and stop this madness."

Semans explains how claims of "voter fraud" used to justify these restrictions by the GOP, in a very Republican state, have no evidence to support them. "More than likely there is fraud --- but it's not by the Native American Indian," he says. "How can you have one party being re-elected, ten years, sixteen years, twenty years, over and over, without some type of fraud being committed. So, yeah, there's probably fraud, but it's not in Indian Country."

He also details how this new voting restriction would never have been allowed to stand at all, had not the U.S. Supreme Court, in 2013, gutted the landmark Voting Rights Act of 1965 which previously had protected tribal members and other racial minorities from this sort of disenfranchisement. Semans has testified several times in D.C. on behalf of the VRA, going back more than a decade now.

I hope you'll tune in for this, at times, heart-breaking conversation.

Finally today, some listener mail and a bit of a rant against a laughably misleading report on voting systems in St. Louis County, MO, where the most powerful radio station in the state, the 50,000 clear-channel watt blowtorch, KMOX NewsRadio 1120, has misinformed voters that the County's oft-failed and easily-hackable 100% unverifiable touchscreen voting machines and optical scanners are "tamper-proof" and never connected to the Internet. Both assertions --- made by election officials and their private vendor, ES&S, and passed on this week by KMOX (the station I group up listening to) and reporter Kevin Killeen --- are patently false and wildly misleading. As I mentioned on Twitter today, it's a terrible disservice to Show Me State voters that the once-great KMOX would credulously echo such long-ago debunked misinformation to their millions of listeners and readers. I discuss both that, and the woeful response I received from Killeen on Twitter today, to his irresponsible "reporting"...

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Guest: Harvard Law's Michael Klarman; Also: Trump praises GOP Rep's violence against journalist at MT rally, as Khashoggi assassination roils...
By Brad Friedman on 10/19/2018 6:46pm PT  

On today's BradCast: It's no longer only political pundits and activists calling for Democrats to pack the U.S. Supreme Court by adding several seats as soon as possible, in the wake of the Republican Party's blatant theft of the high court majority. Esteemed law professors are now joining that call. [Audio link to show follows below.]

But, first up today, a word or two on the President of the United States' appalling celebration of violence against journalists at a political rally in Montana on Thursday night. To the cheers of his supporters, Donald Trump praised the criminal assault on Guardian journalist Ben Jacobs by Republican U.S. House member Greg Gianforte. The attack last year was carried out by Gianforte, and caught on tape, on the eve of his special election to the state's only U.S. House seat.

"Any guy that can do a body slam --- he's my kind of guy," Trump declared to laughter and wild applause from supporters at the campaign rally for Gianforte in Missoula on Thursday, lauding him as "one tough cookie." The Congressman initially lied to police after the assault, claiming that he was attacked by Jacobs. Later, after he won the election, and after a Fox News crew who witnessed the attack detailed what actually happened, Gianforte pleaded guilty to misdemeanor assault, apologized to Jacobs and paid a small fine in addition to performing 40 hours of community service and receiving 20 hours of anger management counseling.

Trump's disgusting --- and chilling --- praise for the violent attack against a reporter doing his job, comes amidst Trump's seeming support for Saudi Arabia following their reported assassination and dismemberment of Washington Post columnist and Virginia resident Jamal Khashoggi at the Saudi consulate in Istanbul two weeks ago. Journalists today --- including the Guardian's Editor and the head of the White House Correspondents Association --- are decrying Trump's support for violence against reporters, despite his sworn oath to protect and defend the Constitution's First Amendment. We decry it --- and the dark path where it's leading --- on today's show as well.

Next, we're joined by MICHAEL KLARMAN, the Kirkland & Ellis Professor at Harvard Law School to discuss his recent essay at the Take Care Blog, detailing "Why Democrats Should Pack the Supreme Court" if they are ever able to regain control of the White House and both chambers of Congress. The public conversation in support of expanding the number of seats on the high court --- which can be done statutorily, without a Constitutional Amendment --- has been intensifying in recent weeks. What had begun as a call from activists to restore a Democratic majority, stolen from them by Republicans in 2016, has quickly spread to academic and legal circles.

Klarman, the author of many books on American law and history and a former clerk to Ruth Bader Ginsberg, argues that, in addition to the GOP's historically unprecedented theft of the high court and his belief that Trump was likely elected only due to unlawful foreign interference, a host of radical actions by Republicans in recent years at both the state and federal level, leaves Democrats with only the choice to respond in kind. If not, he argues, it will be nothing less than "unilateral disarmament" and an act of "political suicide" for the party.

"It's not radical. It's responding to an extraordinary rightward shift in the Republican Party that is tearing apart the rules of democracy," he argues. "The Republicans have already packed the Court," so "unpacking" it, he says, would be warranted.

"There's a kind of sickness that's been spreading in the Republican Party for the last decade or two. It's certainly not true of all Republican voters, many of whom I think would be unaware of these things, and would have a problem with them if they knew about it," he tells me. "But the Democratic Party can't go on playing by the established norms and traditions of democracy when the Republican Party is willing to do anything to win. That's unilateral disarmament. It usually doesn't work out well for the party that disarms. So this is a fairly mild way to fight back."

"My argument is not that Democrats should control the Supreme Court at any cost --- I think that's the Republicans' position, [that] 'we get to control the Supreme Court even if it means stealing an appointment.' My position is their theft has to be offset, and put us back in the position that we ought to have been at if the seat hadn't been stolen."

He leaves the case of whether Dems should run on a promise to expand the Court, or wait until they gain back control before announcing such a plan, to political scientists, but he notes: "We're going to have to think creatively in order to rescue democracy. And that may mean occasionally fighting back in ways that Democrats don't gravitate toward naturally, and that they would prefer not to have to use at all in a normal political environment. But you can't just respond by disarming in the face of this incredible threat that the Republican Party is posing to the basic norms and institutions of democracy."

Finally today, more news on the ongoing allegations of attempted voter suppression, particularly in southern states once covered by the Voting Rights Act until the central part of the Act was gutted by SCOTUS Republicans in 2013. That, on the same day that Trump's former longtime lawyer and business partner Michael Cohen broke his media silence to plead with the American public to vote this November or face "another two or another six years of this craziness." And then we enjoy another musical close to today's show, this time from actress Jenifer Lewis, of ABC's Blackish, who explains, in song, why it's time to "Get your ass out and vote!"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Voting systems expert Dr. David Jefferson on the myth of 'secure' blockchain voting; Also: Suppression continues in GA, ND, elsewhere...
By Brad Friedman on 10/17/2018 6:59pm PT  

On today's BradCast: Debunking the myth of "secure" Internet Voting schemes --- even with "blockchain" technology --- as West Virginia allows overseas military voters to use their mobile phones to vote for the first time in a general election. What could possibly go wrong? [Audio link to show follows below.]

But first up today, plenty is already going wrong for voters hoping to participate in midterm elections, whether via hand-marked paper ballot or, as in Georgia, where early voting began this week, on 100% unverifiable touchscreen voting systems at the polling place. We've been closely following voting in the Peach State recently, given the many voter suppression schemes that have come to light in the state this year, such as the recent purging of hundreds of thousands of voters from the rolls, the suspensions of more than 50,000 registrations for failing to exactly match names or addresses, down to the letter or punctuation, and an abnormally high rate of rejected absentee mail-in ballots.

Thus, it was disturbing to see a busload of elderly African-Americans from a county-run senior center blocked from voting on Monday (someone didn't like the "Black Voters Matter" bus they were using) in Jefferson County, and three-hour long lines to vote near Atlanta, on just the third official day of advance voting in the state. While some may see the reportedly huge early turnout as good news, there are also reasons to be concerned that state election officials, led by Republican Sec. of State and Gubernatorial candidate Brian Kemp, are under-prepared for what could be enormous turnout on Election Day. Several new lawsuits have now been filed against Kemp charging racially discriminatory election practices, as his race for Governor against Democrat Stacey Abrams, an African-American, is believed to be very tight.

Meanwhile, in North Dakota, Native American voting rights advocates say they will be posted outside of polling places with laptop computers in hand, ready to assign official addresses and new Tribal IDs to thousands of Native Americans who will now not otherwise be allowed to vote. The effort is in response to a U.S. Supreme Court ruling last week which permitted a last minute change to ID requirements sought by state Republicans hoping to unseat Democratic U.S. Senator Heidi Heitkamp this year. Some 5,000 voters who live on tribal reservations using P.O. boxes, rather than street addresses, are now blocked from voting under the new law, enacted in the wake of Heitkamp's 2012 victory by less than 3,000 votes.

But in West Virginia, officials believe they've got a sure-fire way to make sure overseas military voters are able to cast votes this year: Internet Voting via smartphone! The state is the first in the nation to allow such voters to cast a ballot via smartphone --- on a mobile app called Voatz, created by a private Boston-based technology firm --- in a live (and crucial!) general election. But, don't worry! The state and the Voatz company are quick to claim that their scheme is completely secure, since it "employs blockchain technology to ensure that, once submitted, votes are verified and immutably stored on multiple, geographically diverse verifying servers."

Blockchain, in short, is a widely distributed public ledger, or database, that is used to track Bitcoin and other cryptocurrencies. But, as long time voting system expert and Internet Voting critic DR. DAVID JEFFERSON of Livermore National Laboratory and of Verified Voting explains on today's show, the technology solves none of the many problems with using the Internet to cast votes in American elections, as he recently detailed at the non-partisan Verified Voting site.

Jefferson, an internationally recognized expert on voting systems and elections technology, has spent much of the past two decades advising five successive California Secretaries of State on voting technology. He has also been instrumental in helping to block a number of attempted Internet Voting schemes, including one he helped analyze (and stop in its tracks) as devised by the Pentagon during the George W. Bush era.

Today, he explains why use of blockchain technology, which he describes as a "fad", fails to make the Internet any more secure or auditable when it comes to American democratic elections. "All of the most serious threats to Internet voting occur before the ballot even ever gets back to the database or the blockchain," he tells me, detailing how malware on smartphones can change votes, how the authentication of the voter is also endangered by the use of such schemes and how, despite claims to the contrary by advocates of such technologies, the accuracy of results based on votes cast via the Internet can never be audited by the public after an election.

He's hardly the only technologist to decry the scheme. TechCrunch for example, recently called the Voatz app "a terrible, horrible, no-good, very bad idea", and Vanity Fair cited experts who describe the plan as a "horrifically bad idea". But, none of that has stopped either WV or Voatz from pressing ahead, even with this year's midterms (and potentially control of the U.S. House and Senate) on the line.

"The blockchain back end of it doesn't do anything more to secure an election than any of the other technologies do," Jefferson argues. "It doesn't even play a role until the very last stage of balloting --- after you've authenticated yourself, after you've made your ballot choices, after you've transmitted them back, only then does the blockchain play any role." And by then, he says, your vote may have been tampered with, and it's unlikely that you or anybody else would ever know.

"What if there is malware on the phone or the computer that the person is voting from? Malware that is exposing the person's vote to some third party, or is modifying the vote, or is just throwing the vote away without telling the voter, making him think he's voted but he hasn't voted. That malware is not affected by, and cannot be detected by, the blockchain or the back end at all."

"That vote may be blocked or thrown away, or otherwise disturbed by a denial of service attack, for example, on the server. A blockchain server is no more invulnerable to a denial of service attack than any other service," he warns, adding "there just isn't any possibility of auditability in any online voting system, and blockchains don't change that fact."

Jefferson's preferred technology for elections: "Hand-marked paper ballots." He details why on today's program, and also notes that newer technologies, such as Ballot Marking Devices (BMDs) that require voters to use touchscreen computers to print out their selections on a paper ballot --- which many jurisdictions (including Los Angeles, the largest in the nation) are moving towards --- present similar dangers when it comes to the authentication and public auditability of election results.

"I endorse your idea that if you're going to vote in person at the precinct, the best system is to use is hand-mark a paper ballot," he explains near the end of our conversation, allowing --- as I do --- that some voters may need assistive technology to vote, but that most voters do not. And worse, as we saw today at early voting cites near Atlanta, when computers are needed to vote, it can result in long lines and suppressed votes at the precinct.

"Only three or four voters per precinct can be voting simultaneously when you only have three or four ballot marking devices. With hand-marked paper ballots, you can get twenty voters voting in parallel if you have cardboard privacy booths around, and twenty cheap pencils. There are far fewer lines built up, and the cost is so radically reduced."

Finally today, a word or two from some older voters who would really REALLY prefer if young people did not bother to vote at all this year...

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Guest: Slate's Mark Joseph Stern; Also: Early voting fails on first day in GA; Adelson now owns the GOP; Death toll rising after Michael...
By Brad Friedman on 10/16/2018 6:38pm PT  

On today's BradCast: If you think the way the Republican Party has rigged and stolen the U.S. Supreme Court is appalling, just wait until you see what they're trying to do of late at a few of the state Supreme Courts! [Audio link to show is posted below.]

But, first up today: Donald Trump says the Crown Prince of Saudi Arabia told him he had nothing to do with the disappearance --- and, likely, murder --- of Washington Post journalist, Saudi citizen and U.S. resident Jamal Khashoggi at the Saudi consulate in Turkey. The Prince's word appears to be good enough for Trump, who went on to compare the situation to the allegations of sexual assault against now-U.S. Supreme Court Justice Brett Kavanaugh

Meanwhile, the midterm elections are now exactly three weeks away and early voting got underway on Monday in Georgia where, you'll be shocked to learn, it didn't go well. After our previous coverage of ongoing racially disproportionate voter suppression schemes under the command of GA Sec. of State and Republican gubernatorial candidate Brian Kemp (who is in a tight election contest with Democrat Stacey Abrams), and after very serious and years-long concerns about their completely unsecure, wildly hackable, and 100% unverifiable touchscreen voting systems, it appears that the electronic pollbook systems failed across Fulton County (Atlanta) on the first day of early voting.

In not entirely unrelated news, the GOP appears to now be a wholly owned subsidiary of Las Vegas billionaire Sheldon Adelson.

Then, we move to some of the insanity of several attempted state Supreme Court coups this week with Slate's legal reporter MARK JOSEPH STERN. Stern joins us to detail both some good news from the Florida state Supreme Court, regarding that state's Supreme Court, and an apparent Constitutional Crisis in West Virginia after a decision by that state's Supreme Court, regarding their state Supreme Court. If it all sounds nuts, it's because it is.

First, in Florida, outgoing Republican Gov. Rick Scott had vowed to name three new Justices to the Court, even though the Democratic-appointed Justices he planned to replace will not be vacating their seats, because of term limits, until after Scott officially leaves office in January. Stern reports the largely good news --- with a caveat or two --- regarding the Sunshine State's Supreme Court's unambiguous ruling last week that will leave the job of appointing three new Justice to Scott's successor instead (who will be either Democratic gubernatorial candidate Andrew Gillum or Republican Ron DeSantis, depending on how things go on November 6th.)

Then, things get far crazier at the West Virginia state Supreme Court, where the Republican state legislature, along with Republican Gov. Jim Justice, have been attempting a coup by impeachment of all five Justices on the state's 3 to 2 Democratic-majority Court. This story has more jaw-dropping twists and turns in it than I can possibly describe here --- including five temporary replacement Justices determining that at least one of the impeachments was unconstitutional under state law and the GOP-majority state Senate which hopes to move forward with a trial anyway...if only they could only find a Justice willing to preside over it, as required by the state Constitution.

Just tune in for the insane details on how, as in Florida, West Virginia Republicans are doing anything and everything they can to blatantly steal a Democratic-majority high court.

And, as if that's not enough, Stern then reports on the wildly hypocritical decision by the U.S. Supreme Court last week that will leave a new voter suppression law --- enacted by North Dakota Republicans --- in place for the November midterms. The ruling effectively changes the state's election law at the last minute before this year's general election and is likely to disenfranchise thousands of Native American voters. The ruling threatens to undermine this year's re-election chances of Democratic Sen. Heidi Heitkamp, who won her previous election in 2012 by just 3,000 votes, and could assure Republicans hold their control of the U.S. Senate along with it.

Yes, elections and Supreme Courts --- be they at the federal or state level --- matter!

Finally, Desi Doyen joins us for the latest Green News Report, as the long road to recovery begins and the death toll increases after the catastrophic Hurricane Michael, and as a bought-and-sold Republican Party --- from Marco Rubio in Florida to Donald Trump in the White House --- continue to deny the deadly and costly impacts of climate change on behalf of their fossil-fueled corporate owners...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest-host Angie Coiro on the possibility of sanctions against Saudi Arabia, as Trump protects arms sales; Also: The power of women's rage, with Nelini Stamp and Soraya Chemaly...
By Angie Coiro on 10/11/2018 6:49pm PT  

On today's BradCast, I'm your guest host --- Angie Coiro of In Deep with Angie Coiro.

Among the headlines today:

The news about Jamal Khashoggi gets more and more grim. Turkey claims to have both audio and video evidence of the missing journalists murder --- although for reasons I detail in the show, Turkey is not an entirely reliable narrator here. US sources tell the Washington post this sounds to them like a failed rendition attempt. Donald Trump is twiddling and fretty lest the US lose arms sales to Saudi Arabia, and what’s a missing journalist compared to that?

The ACLU is among those sounding the alarm about new regulations proposed for the National Park Service to inflict on White House protestors. It's ugly stuff; maybe the most blatant bit is shaving down to just five feet --- yes, FIVE FEET --- of White House sidewalk space allowed to protesters. That, and raising the cost of permits and fees. If you ain't got the coin, there goes your "free" speech. You can comment directly to the NPS, or via the page set up by the ACLU.

Melania Trump is the most bullied person in the world. No, really.

The percentage of American kids without vaccinations has quadrupled since 2001, proving once again that idiocy is highly contagious.

And Joe Biden thinks Dems have a shot at taking both the House and the Senate in the midterm elections. From your lips etc., Joe!

After the headlines roundup: a conversation with NELINI STAMP, Organizing Director with the Working Families Party and a key organizer in the #BlackFridays movement. Last Friday was the kickoff for women – particularly women of color and non-binary women – to don black clothes and walk out of work at 3pm local time. Nelini reviews that impressive first week, and what the movement is about.

Then, SORAYA CHEMALY discusses her new, highly-researched book, Rage Becomes Her. It probes cultural messaging about anger – and the effects of that messaging – on every era of women’s lives, from the cradle onward. The footnotes section is both impressive and sad – impressive because it is so. Darn. Thorough. And sad because – as the author is a woman – research tells us she's viewed as inherently less credible, and she has to work that much harder showing her work.

Download MP3 or listen online below...

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By Brad Friedman on 10/10/2018 6:57pm PT  

Among the many stories covered on today's BradCast, with vigor and no small amount of occasional vitriol. [Audio link to show follows below.]...

  • The catastrophic and climate change-fueled Hurricane Michael made landfall in Florida on Wednesday as a deadly and unprecedented Category 4, the strongest ever to strike the Panhandle since record keeping began in 1851;
  • In not unrelated news, another major coal company, one of the nation's oldest, declares bankruptcy. It's the fourth to do so in the past three years;
  • ExxonMobil gets some great publicity from Bloomberg by spending just $1 million (which they generated every two minutes in 2017) in pretending to support a carbon tax scheme (that would benefit them anyway);
  • The U.S. Supreme Court allows a lower court's voter ID ruling to stand in North Dakota, despite the fact that the rule is a change from voting laws used during the April primary and is now likely to result in the disenfranchisement of thousands of Native Americans in a state where Democratic Sen. Heidi Heitkamp faces re-election after winning by just 3,000 votes in 2012. (Here's the ridiculous effort that thousands of Native Americans without a residential address, as now required by ND law to vote, must now go through to get one registered somehow before November 6th.);
  • A state court in Missouri blocks part of their new voter ID law for being "contradictory and misleading" and "impermissibly infring[ing] on a citizen's right to vote" in the state where Democratic Sen. Claire McCaskill is in a very close re-election battle. Her opponent, Republican Attorney General Josh Hawley is defending the law and is likely to seek an appeal from a higher state court;
  • After Georgia's Republican Sec. of State Brian Kemp was found to have purged hundreds of thousands of voters from the rolls over the past several years, AP finds that some 53,000 voter registrations are currently in a suspended state due to GA's "exact match" rule, which allows election officials to block registrants whose names aren't listed identically to the way they are on found on file at either the state's Department of Driver Services or the Social Security Administration. A missing hyphen or a typo by officials entering a name into one of the databases is enough to result in a suspension which, the AP finds, is disproportionately keeping black voters off the rolls. 70% of those blocked are African-Americans, even though GA’s population is just 32% black. Kemp is currently running for Governor against Stacey Abrams who, if successful on November 6th, would become the nation's first African-American female Governor;
  • Some listener mail on a recent show regarding West Virginia's Sen. Joe Manchin, who voted in favor of Brett Kavanaugh's confirmation to the U.S. Supreme Court last weekend, as the coal state Democrat faces re-election after WV voted for Trump by 42 points in 2016;
  • And, finally, a viral musical ditty to close us out today on the "very scary time for young men," as Donald Trump appallingly described it, following the multiple credible allegations of sexual assault by now-Supreme Court Justice Kavanaugh...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Doug Pagitt of Vote Common Good; Also: Voter registration surge after Taylor Swift endorsement, Nikki Haley's mysterious (and dishonest) resignation, and Hurricane Michael intensifies before FL landfall...
By Brad Friedman on 10/9/2018 6:18pm PT  

On today's BradCast, the religious left fights back! [Audio link to show follows below.]

But first: It's little wonder Fox 'News' doesn't like it when celebrities on the left speak out about politics. Sure, it's fine when a Republican actor or TV celebrity with zero political background runs for and becomes President of the United States. But if a singer or comedian sports hero on the left dares have an opinion, they need to "shut up and dribble". Vote.org reports a huge spike in voter registrations nationwide and in Tennessee this week, following pop star Taylor Swift's Instagram endorsement of the state's Democratic candidate, former Gov. Phil Bredesen, for the U.S. Senate in his race against Rep. Marsha Blackburn. Yes, bravely speaking out about politics helps. No wonder the right would like folks like Swift to shut up, especially as voter registration deadlines hit across the country this week and next.

At the same time, as a Category 3 hurricane barrels toward the Florida Gulf Coast, Democrats are forced to sue the state again, as they did in 2016, to force the Governor to extend voter registration, which officially ended on Tuesday night in the Sunshine State.

Also today, up in Washington, D.C., U.N. Ambassador Nikki Haley, one of the few top officials in the Trump Cabinet not considered to be a complete wingnut (a very low bar), announced her plan to resign at year's end for reasons that remain shrouded in much speculation. As she announced her planned exit today at the White House with Donald Trump, she managed to argue that since Trump --- who was laughed at, out loud, in the U.N. General Assembly just two weeks ago --- took office, "now, the United States is respected." As we discuss, that claim flies in the face of demonstrable facts supported by actual recent polling around the world.

Next up today, after Republicans ignored a statement last week from the National Coalition of Churches --- the nation's largest such group representing 38 denominations, 100,000 congregations and 40 million Americans --- to withdraw the U.S. Supreme Court nomination of Brett Kavanaugh "immediately", a group of evangelicals are now hitting the road for a national bus tour to "Flip Congress for the common good."

We're joined today by Vote Common Good founder and executive director, Pastor DOUG PAGITT, to explain his group's attempted outreach to white evangelicals who may have previously supported Trump and his Republican Party. The non-profit, non-partisan organization's cross-country tour began in Pennsylvania last week and is set to hit Minnesota, Iowa, Kansas, Texas, and New Mexico before wrapping up in California before the November 6th election.

Pagitt, the founding pastor of Solomon's Porch Christian Comuninity in Minneapolis (and who also hosts an afternoon drive time show on our Minneapolis/St. Paul affiliate, am950 KTNF!) tells me that there is a need for liberal and progressive religious community leaders on the left to speak out for Christian values in the dangerous era of Trump, even if it risks their tax-exempt status and even as white evangelicals have institutionalized their support of the Republican Party with millions of dollars over the past several decades.

"What we are saying is the Republican Congress has lost its ability, lost its moral compass, lost its spine, when it comes to standing up to the Trump Administration. Our need to flip Congress now is a bipartisan, non-partisan civic duty to put restraints on the Trump Administration," he says. "I think pastors and churches all over the country should be willing to risk their non-profit status in order to speak out about the Trump Administration because the Trump Administration is that dangerous. The idea that the thing that makes a Christian community a Christian community is that people don't have to pay taxes on the money they give to you, is the lowest possible level that a Christian community could be proud of. It's almost like the government is saying is 'if you speak up against us, we're going to make that a financial burden upon you'. And I think Christian churches should take on that burden. If you lose that 501c3 non-profit contribution status? Fair enough. Be like every other business that has to function in this society."

Pagitt details how he believes that many Christian voters have been conned into giving up their values and otherwise intimidated and frightened into voting against biblical teachings. He calls for the Christian left to build a political coalition to counter the long-entrenched, so-called Religious Right.

"We are trying to call the bluff on the evangelicals who, out of one side of their mouth, want to say that they follow the teachings of Jesus, and out of the other side of their mouth, are not just endorsing Donald Trump but seem to be wanting to move into a full embrace of Trumpism," Pagitt tells me, explaining why many evangelicals who know Trump represents the opposite of their beliefs, may still be afraid of voting for Democrats. "People confuse their identity with their tactic. Voting is a tactic to bring about the common good. Voting ought not be seen as our identity, but a lot of religious people have merged their religious and civic identity with the political Republican Party...and [it's difficult] to start to separate out your identities from your tactics. When someone realizes in their life that they have a misplaced identity, that takes awhile for them to get their heads around."

It's a fascinating (and long overdue) national conversation that I recommend you tune in for.

Finally, Desi Doyen joins us for the latest Green News Report, as Hurricane Michael threatens Florida with catastrophic, global warming-fueled destruction and as the United Nations issues an alarming scientific report finding the worst impacts of climate change will arrive much sooner than predicted unless massive and immediate changes are made by the nations of the world...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: WV's Bob Kincaid: Also: With Kavanaugh on SCOTUS, a hurricane headed toward FL, UN releases a stark new report on climate change...
By Brad Friedman on 10/8/2018 6:40pm PT  

On today's BradCast: In case it wasn't clear until now, the stakes for November's midterms couldn't be higher --- for the nation and for the planet --- leading to what might be a difficult choice for some voters. At this point, however, at least in my opinion --- as discussed at the opening of thd show today --- the choices are not difficult at all. [Audio link to show follows below.]

It's now official. Judge Brett Kavanaugh --- alleged sexual assaulter and demonstrably repeated perjurer --- is now Justice Brett Kavanaugh on the U.S. Supreme Court. That means that all five serving Republican appointees on the (currently) nine-person Court, serve under one cloud of illegitimacy or another. That said, while there are ways to reverse the terrifying course the nation (and planet) are now on --- including a difficult path towards restoring a majority to the stolen Court that might actually represent the majority of the country --- it will be neither easy nor painless. Nonetheless, the first major step on that path is the November 6th, 2018 midterm elections less than one month away, and now more crucial than ever.

As if another violent reminder of dangers that now lie ahead, Hurricane Michael is now barreling toward the Florida Gulf Coast, threatening to make landfall in the next day or two, and the United Nations' Intergovernmental Panel on Climate Change (IPCC) released a chilling new report on Monday, warning the worst effects of global warming are now set to arrive far sooner than previously predicted by the conservative scientific body. The new report details, among other things, the enormous contrast in impacts based on the half of a degree Celsius difference between holding the earth's warming to 1.5 degrees over pre-industrial times versus the 2 degrees or more where we are almost certainly headed unless very serious changes --- with "no documented historic precedent" --- are made by civilization, very quickly over the next 10 years. Are the corporate media up to the task of covering this? Much less civilization doing what is now needed?

With all of that (and much more) at stake, we are joined today by the inimitable BOB KINCAID of West Virginia's Coal River Mountain Watch and the Head-On Radio Network (HORN) to discuss WV Senator Joe Manchin's weekend vote in favor of Kavanaugh. He was the only Democratic Senator to do so, despite the nearly 10 point average lead he currently enjoys over his Republican re-election opponent in pre-election polling. Specifically, we focus on why Manchin voted the way he did and, more importantly, the difficult choice that voters like Kincaid now face in choosing between the barely Democratic Senator and his far-right, Trump-endorsed challenger Pat Morrissey.

With hopes of regaining control of one or both houses of Congress now the only way to begin putting the brakes on our Trump/GOP-inflicted national emergency, will progressives be able to hold their nose and vote for some candidates who they would never have even considered voting for during a primary season in which the Democratic Party was finally forced, at least a little bit, towards the progressive left? It's a question that many progressives --- not just in West Virginia --- will now have to seriously ask themselves before November, with many less-than-perfect Democrats on the ballot, but the very fate of the Republic and the planet now clearly on the line.

"Joe Manchin is a 'pro-life' Democrat from way back, going way back to when he was just a little, bitty, grasping, ambition-driven state senator," Kincaid argues, charging that both he and Kavanaugh are hard-core Roman Catholics" and that "He voted the Church doctrine. It's just clear as day."

Kincaid, who comes from generations of WV coal miners, is nonetheless a dyed-in-the-wool progressive who, on previous appearances on the show, has both strongly criticized Manchin and explained how difficult it would be to even consider voting for him in the midterm. The last time Kincaid was on, back in April, he described Manchin thusly: "This is really difficult for me, because Joe's a Democrat the way I'm Neptune, Lord of the Deep. Ya know, not at all."

Today, he says, for those who wonder how Manchin could "dismiss the experiences and the suffering of so many women and vote for a guy credibly accused of sexual assault? Let me explain to you: Joe Manchin has sat around for at least eight years, fully knowing what the toxic consequences are of mountaintop removal on babies in the womb, pregnant mothers, grandmothers, grandsons, sons, fathers, brothers, sisters, aunts, uncles, cousins, neighbors, possums, everything. He has known that it poisons his own constituents, kills his own constituents, and yet he has slavishly continued to support that practice and ignored every bit of the science around it." He adds that "We have about a thousand deaths a year in the counties in West Virginia where mountaintop removal is practiced."

"I say all that," he tells me, "hoping that people will understand that I do not come to a decision about Joe Manchin lightly. I would not trust Joe Manchin with the carcass of a run-over skunk."

So, with the stakes now as high as they are, does he still find himself unable to vote for Manchin? And what of other progressives who may still believe that sitting this one out or voting "third party" or staying home instead of voting is the only way to cleanse the Democratic Party of its overly-conservative, overly-corporatist establishment? Please tune in for this important conversation with Kincaid today, that, he says, "he spent a long time thinking about" after he and I had a private discussion over the weekend, begging the question: "Do I vote as an American first, or a West Virginian first?"

Please listen to today's show and let me know, in comments below, how you feel about either his points or mine.

Finally, as voter registration deadlines end this week in more than a third of the states, the disturbingly high purge rates of voting rolls in a number of them continues. Particularly of concern are states with a history of racial discrimination at the polling place, who --- until the Supreme Court gutted the Voting Rights Act in 2013 --- had been required to receive preclearance from the federal government for such purges. A new list of purged GA voters has finally been obtained by reporter Greg Palast, who has created a searchable database for hundreds of thousands of purged GA voters, but the deadline to re-register is Tuesday. And the lists from other states are not as easily accessible. Please go to your state and/or county website to register or check your status as soon --- and as often --- as possible between now and November 6th! Yes, the fate of the planet now rests on it...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Fordham Law's Jed Shugerman; Also: More reported vote.org registration probs; Vote-flipping in MO; Willie Nelson's 'Vote 'em Out!'...
By Brad Friedman on 10/5/2018 6:46pm PT  

On today's BradCast, the GOP's far-right take-over of the U.S. Supreme Court for generations --- including one blatantly stolen seat and two men accused of sexual misconduct and/or assault --- is now all but complete, and we discuss an upcoming SCOTUS case that some have cited as reason for the Trump/GOP panic to get their man on the bench as soon as possible. [Audio link to show is posted below.]

On Friday, the four theoretically previously-undecided U.S. Senators announced how they planned to vote on the confirmation of accused sexual assaulter and confirmed liar Brett Kavanaugh for his lifetime appointment to SCOTUS. Republican Sen. Lisa Murkowski of Alaska announced her intention to vote against him, while Republicans Susan Collins of Maine, Jeff Flake of Arizona and Democrat Joe Manchin all declared they will vote in favor of the most contentious nominee to the high court, perhaps in U.S. history. We discuss what all of that means today, moving forward, as the far-right cements its stolen majority. As you might imagine, both Desi and I have some thoughts on all of that today.

Then, we're joined by legal historian and Fordham Law School professor JED SHUGERMAN, author of The People's Courts, to discuss the upcoming Supreme Court case that many Trump opponents have cited in recent days as one of the explanations for Republicans' apparent panic to seat Kavanaugh on the Court as quickly as possible. The case, Gamble v. U.S., involves what some on both the Right and civil libertarian Left consider to be unconstitutional double jeopardy regarding an Alabama man who was convicted at both the state and federal levels for unlawful possession of a firearm. Some Trump critics have suggested, depended on how its decided, that the case could result in states being barred from prosecuting Donald Trump, his associates, or his family members in the event that they are pardoned at the federal level.

Shugerman --- who was one of more than 2,400 legal professors to sign on to a recent letter published by the New York Times calling on the Senate to reject Kavanaugh's nomination due to his lack of appropriate judicial temperament --- explains why he believes the Gamble case poses no threat to state prosecutions of Trump and/or his associates, nor to Special Counsel Robert Mueller's investigation and prosecution of Team Trump.

He also explains today why he signed the public letter opposing Kavanaugh, how it now may affect lawyers who signed it when arguing cases before Justice Kavanaugh, why he believes the GOP has been in such a hurry to seat Kavanaugh, and the "completely unprecedented" public opposition to him by former Supreme Court Justice John Paul Stevens.

Shugerman also describes some of his major concerns for the Court once Kavanaugh is finally in place: how Chief Justice John Roberts is going to be forced to deal with it. "How is he going to manage this explosive controversy and the unprofessional conduct, the injudicious conduct, of Judge Kavanaugh? How will he restore consensus to this Court? How will he manage Judge Kavanaugh, given that he should have reason to fear that Judge Kavanaugh cannot be balanced, and won't be perceived to be balanced when he's on the Court?"

Finally today, some listener mail regarding more voter registration problems via the vote.org service (we recommend registering either in-person or via your Sec. of State or County website, rather than via third-party app, is possible); the first reports of 100% unverifiable touchscreen vote-flipping in the general election (in the very close U.S. Senate race in Missouri between Democratic Sen. Claire McCaskill and her GOP challenger Josh Hawley); and Willie Nelson's new song, Vote 'em Out!, debuted for the first time at last weekend's 55,000-person rally in Texas, in support of Democratic Congressman Beto O'Rourke's surging campaign against Lone Star State Republican Sen. Ted Cruz...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Enthusiasm for midterms high in BOTH parties, TX voter registrations in limbo, young voter turnout may prove decisive...
By Brad Friedman on 10/4/2018 6:25pm PT  

On today's BradCast, what else? The FBI's sham "investigation" of Kavanaugh and news of great note regarding the November midterm elections. [Audio link to show follows below.]

The FBI's supplemental background report on U.S. Supreme Court nominee Brett Kavanaugh was released on Thursday morning. Just one copy was made available to U.S. Senators only. It received much criticism from Senate Democrats and much approval from Senate Republicans who couldn't even have possibly read it by the time they were lauding it. The release comes on the heels of the National Council of Churches calling for Kavanaugh's nomination to be withdrawn "immediately", and more than 2,400 law professors (and counting) signing onto a statement seeking the same. Nonetheless, even before the "White House Whitewash" of a report was even released, Republicans scheduled a final floor vote on the confirmation of the most partisan, dishonest nominee the nation has likely ever seen.

Even 98-year old retired Justice John Paul Stevens, appointed by Republican President Gerald Ford and who lauded Kavanaugh in a 2014 book, announced he is now opposing his confirmation following his angry and partisan testimony last week in the Senate Judiciary Committee in response to multiple sexual assault allegations. Justice Steven suggested --- as the churches and law professors did --- that Kavanaugh has proven he lacks the appropriate judicial temperament for a lifetime appointment on the U.S. Supreme Court.

But, even with hundreds of anti-Kavanaugh protesters descending on the Senate today, the only thing that ultimately matters will be the votes of five undecided U.S. Senators. One of them, Democratic Sen. Heidi Heitkamp, who faces a tight re-election contest in Trump-leaning North Dakota in November, announced on Thursday she is a "No" on Kavanaugh. The others, Jeff Flake (R-AZ), Susan Collins (R-ME), Lisa Murkowski (R-AK) and Joe Manchin (D-WV) have yet to commit, though Flake and Collins said on Thursday they found the FBI investigation --- which failed to interview dozens of witnesses, including Kavanaugh himself and his first accuser Dr. Christine Blasey Ford --- to offer no new corroboration to the allegations against the nominee. Collins says she found it to be "very thorough". Manchin, who, according to polling, is comfortably ahead of his Republican opponent this November --- even in state Trump won by 42 points in 2016 --- is reportedly "leaning 'Yes'" on Kavanaugh.

If all Dems vote against and just two Republicans join them, the confirmation will be killed. The first procedural vote, to invoke cloture and move to the final vote, is scheduled for tomorrow.

In the meantime, the divisive issue has helped fuel enthusiasm for the crucial November midterms by both Democrats and Republicans, according to new polling, which also finds younger voters far less likely to vote this year, sadly. The Democrats' hoped-for "blue wave" may rest on turnout of young voters, and may not be quite as certain as many believe, particularly with obstacles preventing voters from registering (the deadline for doing so comes up this weekend in many key states), from voting and from having votes verifiably counted as cast.

While last week's National Voter Registration Day was an unexpected success, thousands of citizens who registered to vote in Texas via the non-profit Vote.org will not be added to the rolls, according to a new report. That could be troubling news for a number of races in the Lone Star state, not the least of which is the contest between GOP Senator Ted Cruz and his surging Democratic challenger Beto O'Rourke.

Finally today, Desi Doyen joins us for the latest Green News Report, with news on Big Oil's big win in the new NAFTA, several Category 5 storms spinning at the same time in the Pacific, a new record low for Arctic sea ice, and the big news of Tesla's Big Battery which is a big hit for South Australia's power grid...

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Guests: AUDIT-USA's Emily Levy and attorney Chris Sautter; Also: Reports of FBI ignoring dozens of Kavanaugh witnesses persist, Trump mocks accuser, Americans can't wait to vote...
By Brad Friedman on 10/3/2018 6:56pm PT  

We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]

Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.

Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.

But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)

The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.

One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.

We're joined today by long-time election integrity champion EMILY LEVY of AUDIT-USA and their long-time election attorney CHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.

"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.

"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."

Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."

As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...

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Guest: Journalist David Dayen on new NAFTA, CA's new Net Neutrality law (and DoJ lawsuit), Amazon's new minimum wage; Also: Senate Repubs hope to force vote, bury FBI probe on U.S. Supreme Court nominee...
By Brad Friedman on 10/2/2018 6:27pm PT  

On today's BradCast, the FBI investigation into multiple allegations of sexual assault and belligerent drunken behavior by U.S. Supreme Court nominee Brett Kavanaugh continues, as Republicans in the U.S. Senate prepare to force a vote on his confirmation before Senators, much less the public, get a full look at the information gathered by the brief and limited probe. As that shameful illustration of a process broken by Republicans for the nation's highest court plays out, a number of other noteworthy news stories slip through the cracks just over one month before the crucial 2018 midterm elections. [Audio link to full show follows below.]

On Sunday, California's Governor signed a Net Neutrality bill into law, meant to replace the Obama-era consumer protection that was gutted by the Trump Administration's Federal Communications Commission (FCC). Hours later, Trump's Dept. of Justice sued the Golden State to prevent the new law from taking effect. So much for the GOP's pretend love of "states rights".

On Monday, Trump announced "a brand new deal to terminate and replace NAFTA" [the North American Free Trade Agreement] with a "totally" new deal between the U.S., Canada and Mexico as "the biggest trade deal in United States History." Even though it is NAFTA 2.0, it will now be called, if adopted by the U.S. Congress (a big "if", as our guest explains today), the United States Mexico Canada Agreement, or USMCA.

And, on Tuesday, Amazon founder and CEO Jeff Bezos announced the company will be increasing their minimum wage for all workers, both permanent and seasonal, to $15/hour beginning next month, after years of attacks by critics for low wages paid by the world's second most valuable company.

We're joined by financial journalist and author DAVID DAYEN to discuss all three of those news items, whether they are a "Big Deal or No Big Deal?", and how the news may or may not affect the upcoming November elections.

On Amazon's increased wages, Dayen tells me it is "only going to bid the price of labor up. So that is a good thing." He also explains why it is "a political success for Bernie Sanders and this idea that you need to put pressure on these huge, monopolistic companies in order the get them to do right by their workers." But, he also warns, "there's an escape valve here for Amazon."

The new NAFTA includes an end to what Dayen calls the "corporate shakedown regime" in NAFTA's "horrendous" extrajudicial process for settling trade disputes between corporations and countries. That's a "huge deal" he says, which could help set a template to vastly improve other trade deals as well, and potentially increase wages for workers. But he also explains why unions are, nonetheless, not yet all in for the deal and notes that it can only be approved by the next Congress --- which will likely be far more Democratic than the current one --- if labor buys in.

On DoJ's challenge to California's own Net Neutrality law, Dayen explains, the Administration may have little choice but to try and block it, even as Republicans --- when it comes to states other than California, anyway --- argue states should decide what's best for their own residents. In the Golden State, however, "if you give net neutrality protections, if you allow the state of California to pass them, then that's going to migrate," he says. "There's a genuine concern that these regulations --- which of course were in place at the federal level and were taken out by FCC Chair Ajit Pai and the conservatives on the FCC --- would almost, by default, come back if this were allowed to stand. ... All that work they did at the FCC could be for naught."

Finally, we're joined by Desi Doyen with our latest Green News Report, with record rainfall numbers from Hurricane Florence (and the giant mosquitoes which have arrived in its wake), the Trump Administration's use of catastrophic climate change data to justify a deadly rollback of Obama-era fuel efficiency standards, and the French President calling for the nations of the world to reject trade deals with any country who is not a party to the Paris Climate Agreement (that would include only the U.S., which has announced its intention of pulling out of the landmark pact as soon as allowable --- the first day after the Presidential election in 2020)...

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Guest: Attorney, journalist Jessica Mason Pieklo of Rewire.News; Also: More good news for Democrats in KS and in the U.S. House...
By Brad Friedman on 10/1/2018 6:35pm PT  

On today's BradCast, the Brett Kavanaugh circus continued over the weekend and into Monday, as the U.S. Supreme Court nominee now faces an expanded investigation by the FBI into multiple sexual assault allegations and --- depending on the breadth of that probe, which is up to the White House and/or Senate Republicans --- into his excessive drinking in high school and college. But it's his lies about it all today, not thirty years ago which are of the most note. [Audio link to show follows below.]

A number of Kavanaugh's fellow classmates have come forward in recent days to call him out for lying to Congress during his angry rebuttal testimony last Thursday in response to accuser Dr. Christine Blasey Ford before the Senate Judiciary Committee. Those classmates report they have had trouble reaching the FBI to share their thoughts and observations. At the same time, the scope of the background probe is being questioned by Democrats, with conflicting reports about whether a witness list will be limited to a handful of people said to have been present during an alleged attempted rape by Kavanaugh and his friend Mark Judge in 1982, and the charge by accuser Deborah Ramirez that Kavanaugh exposed himself to her during a drunken party at Yale.

All of that follows Sen. Jeff Flake's (R-AZ)'s dramatic request for a "limited" FBI probe as he voted in favor of Kavanaugh's nomination in the Senate Judiciary Committee on Friday. In a 60 Minutes interview on Sunday, Flake claimed that if Trump's SCOTUS nominee is shown to have lied to the Committee, his nomination would be over. But Kavanaugh demonstrably lied multiple times already in both his initial testimony and his emotional response to Ford on Thursday. We detail just a few of the small but unmistakable lies --- which were non-partisan, non-political, and non-ideological --- that the longtime GOP operative turned federal judge offered to the Committee last week regarding his high school yearbook page on which he used slang references to several sex acts, his own excessive use of alcohol, and then lied about all of them, under oath (a felony), to the U.S. Senate.

We're joined today by former litigator turned journalist and podcast host JESSICA MASON PIEKLO of Rewire.News, to discuss what we know --- and don't --- about the FBI probe, who they should talk to if it is to be a legitimate investigation, and the "window into Judge Kavanaugh's judicial temperament" revealed on Thursday before being all too happily ignored by the bulk of GOP Senators.

"You might remember during the Sonia Sotomayor confirmation hearings," she reminds us, "Sen. Lindsey Graham, for example, spent a lot of time on Justice Sotomayor's temperament and writings she had done about her experience growing up as a Latina, and what that brought to her judging." Graham doesn't seem to care all that much of such concerns anymore, it seems.

"So, while we have some really serious and, in some cases, salacious allegations against Judge Kavanaugh, the confirmation hearing isn't a criminal trial. This is about probing his temperament for the bench. And federal judicial standards say that you have to have a judicial temperament that includes no evidence of excessive partisanship, for example," Pielko, who Tweets as "Hegemommy", observes. "We have a whole list of things that, so far, indicate he does not have the temperament to sit on the Supreme Court, let alone retain his seat on the D.C. Court of Appeals, frankly."

"We have allegations against Judge Kavanaugh, and evidence that suggests that he misled Senate Judiciary Committee members under oath, if not outright lied. And that, in itself, is disqualifying," she tells me, while detailing how the FBI's investigation could also help to exonerate Kavanaugh. "Their job is to get as much information from both sides of these allegations. It's actually an extension of the 'advice and consent' and disclosure processes that is supposed to happen in the routine course of nominations."

We also discuss what may happen to the information gathered by the FBI after its handed over to the White House and whether the Senate, much less the public, will ever be allowed to see it. And, we talk about what may happen --- and how Democrats should move forward hereafter --- once Kavanaugh is either rejected or confirmed for a lifetime seat on the U.S. Supreme Court.

Finally, some new polling is out showing that Kansas' Secretary of State and infamous GOP "voter fraud" fraudster Kris Kobach could be in trouble in his bid to become Governor against Democrat Laura Kelly (and independent Greg Orman), and there are still more new signs that Republicans are heading into triage mode to try and save their U.S. House majority from a possible "blue wave" in the November midterm elections...

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