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Latest Featured Reports | Saturday, December 21, 2024
Trump Gets Trumped in Our Musky Year-End Roundtable: 'BradCast' 12/19/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
'Green News Report' 12/17/24
  w/ Brad & Desi
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Previous GNRs: 12/17/24 - 12/12/24 - Archives...
About Some of Trump's
'Day One' Threats:
'BradCast' 12/18/24
Guest: Joshua A. Douglas on voting laws and a President's power to change them; Also: House panel to release Gaetz report; Trump's plan for reversing Biden climate, energy initiatives...
Trump Family Corruption Cometh...So Does Our Oppo-sition: 'BradCast' 12/17/24
Immunity denied to felon Trump in NY; The Family's crypto-corruption on display in UAE; On overcoming 'militant pessimism'...
'Green News Report' 12/17/24
  w/ Brad & Desi
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
Previous GNRs: 12/12/24 - 12/10/24 - Archives...
Mistallied Contests Found in OH County, as Oligarchy Rises in D.C.: 'BradCast' 12/16/24
Also: FBI informant 'guilty' to lies about Ukraine 'bribes' to Bidens; Trump Cabinet donated millions; Tech/media billionaires pay tribute...
Sunday 'Barrel Bottom' Toons
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Trump Admits He Can't Lower Grocery Prices (Biden Just Did): 'BradCast' 12/12/24
Also: 1,500 commutations; I.G. report on FBI and 1/6; NC Repubs's massive power grab; Dick Van Dyke sends us home smiling...
'Green News Report' 12/12/24
  w/ Brad & Desi
Firefighters struggle to contain ferocious Malibu wildfire; The planet is getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Previous GNRs: 12/10/24 - 12/5/24 - Archives...
What 'Unprecedented and Powerful Mandate'?: 'BradCast' 12/11/24
Guest: Marquette Univ.'s Julia Azari; Also: Malibu fire expands; FBI Dir. to quit; New charges in WI 2020 fake Trump Elector plot...
Trump Barely Won Nationally, But Won 'News Deserts' By a Landslide: 'BradCast' 12/10
Guest: Veteran media reporter Paul Farhi; Also: Trump DoJ spied on Kash Patel...
'Green News Report' 12/10/24
UK's deadly back-to-back storms; China's EV boom eroding global demand for oil; PLUS: Time running out to cash in on Biden's climate law incentives...
Bad Weekend for Authorit-arianism; Also: To Pardon or Not?: 'BradCast' 12/9/24
Syria falls, S. Korea on the brink, Romania to rerun Prez election after Russian interference; Callers ring on whether Biden should issue preemptive pardons...
Sunday 'Teeny Tiny' Toons
THIS WEEK: What Mandate? ... Cabinet Medicine ... Concept Plans ... Pardon-pocrisy ... and more! In our latest collection of the week's itty bittiest toons...
Fox 'News' and GOP Get Their Hateful War on Trans Kids at SCOTUS: 'BradCast' 12/5/24
Guest: Law Dork's Chris Geidner; Also: Island nations fight for survival at U.N. High Court...
'Green News Report' 12/5/24
U.N. court to rule on landmark climate case; NC town sues Duke Energy for deception; S. Africa blocks new coal plants; PLUS: Global warming driving drought in U.S...
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: NatSec journalist Marcy Wheeler with 'perspective' on Trump DoJ 'spying' on Dem lawmakers, lessons Adam Schiff may learn from it...
By Brad Friedman on 6/16/2021 5:56pm PT  

Our plans for covering the Biden/Putin summit in Geneva today were happily tossed aside late today, with the big news that West Virginia Democrat Joe Manchin is apparently willing to compromise on a voting rights bill in the U.S. Senate! Frankly, it's more important right now than Biden/Putin, so they got bumped from today's BradCast. We didn't, however, bump our guest today, who offers some critical insight on the disturbing news that Donald Trump's Justice Department "spied" on House Democrats Adam Schiff and Eric Swalwell. [Audio link to full show follows this summary.]

First up, Sen. Manchin has been the only Democrat in the upper chamber unwilling to come on board as co-sponsor of the For the People Act (H.R.1 in the House, where it's already passed and S.1 in the Senate, where Manchin is holding it up.) In fact, he recently declared in a hometown paper op-ed that he opposes the measure (even though he co-sponsored it back in 2019), while also restating his opposition to reform of the filibuster. Such reform would be required to adopt the For the People Act with a simple majority of Democrats in the Senate.

Today, however, Manchin released a memo [PDF] detailing his "Compromise" points for support of the For the People Act! We discuss those points at the top of today's show. They include a whole bunch of stuff that's in the current measure already adopted by the House, along with a few "New" items that he is seeking. Most of them are acceptable (such as "Make election day a public holiday"), where some others (such as a measure for seemingly modest "voter ID" requirements) may be a bit more controversial among some Democrats and voting rights advocates.

All told, however, while the devil remains in the details --- and his simple bullet points offer few --- we see nothing particularly objectionable about Manchin's "Compromise" list. At least nothing that should prevent passage of such a measure ASAP to help counter some of the extreme voter suppression measures currently being adopted by Republicans at the state level around the country in advance of the 2022 mid-terms.

There is still the problem that, as Manchin's memo notes, "federal voting rights legislation must be the result of both Democrats and Republicans coming together to find a pathway forward." He's right, of course, in general. But the fact is that Republicans have zero interest in finding any such path. There is also the problem that, even if Dems can settle on a bill they (and Manchin) all like, there is little chance in hell that even one Republican will come on board to support it, much less the 10 that would be needed to overcome a GOP filibuster. If Manchin won't agree to compromise on the filibuster --- at least to pass democracy related legislation --- the measure would go nowhere.

Still, one step at a time. Today's news, that Manchin is finally willing, at least, to compromise on the For the People Act, is tremendously encouraging for those of us who care about the survival of democracy in the U.S.

Next, we're joined by long-time, independent national security journalist MARCY WHEELER of Emptywheel, with some critical insight on the news that broke late last week revealing the Trump Dept. of Justice secretly subpoenaed phone, email and text message records of House Democrats Adam Schiff and Eric Swalwell in 2018. Both were, and are, members of the U.S. House Permanent Selection Committee on Intelligence (HPSCI) and both were regarded by our disgraced former President as his political enemies.

In addition to Schiff and Swalwell, the Trump DoJ's shocking secret surveillance also included scores of Congressional aides and even their children, purportedly as part of a probe into leaks regarding a Foreign Intelligence Surveillance Act (FISA) warrant taken out during the Obama Administration on 2016 Trump Campaign advisor, Carter Page.

Following the news this week, the House Judiciary Committee announced a formal investigation into what they describe as "a pretext to spy on President Trump’s perceived political enemies". Also, Attorney General Merrick Garland has asked the DoJ Inspector General for a probe into the matter as well.

Wheeler, however, offered some very helpful "perspective on the politicized leak investigation" by Trump's DoJ at her website, which we discuss today. Among the points she notes: This isn't actually "spying"; It isn't actually unprecedented --- well, mostly; and the fact that the secret subpoenas reportedly only sought metadata (records of who and when someone was called, emailed or texted, rather than the actual content of those communications), shouldn't really bother Democratic lawmakers at all, given that they have long defended the collection of "just" metadata in probes by law enforcement officials.

Wheeler notes Schiff has been "championing" the "it's 'just' metadata" claims for years "when he talks about surveilling Americans." But, she explains, "when you get metadata [going back] ten years, that is enormously powerful." Putting limits "on the span on metadata that you can pull without a judicial order" might be "something, maybe that Adam Schiff will have learned his lesson" from here, she quips.

Moreover, the breadth of the secret subpoenas --- for example, obtaining Schiff's records from Apple going all the way back to 2009 for an investigation into a leak that occurred in 2017 --- was wildly broad. And, though the records apparently didn't reveal any of the Congressmembers or their staff (or their children) were guilty of leaking, the FBI and DoJ were legally allowed to hold onto to those records for years, potentially using them for other reasons as well, as it appears Trump's AG Bill Barr may have. As Marcy snarked in her piece on this at Emptywheel: "It’s a pity for Adam Schiff that no one in charge of surveillance in Congress imposed better trackability requirements on FBI’s access of its investigative collections."

Schiff is currently the Chair of HPSCI. At the time of the secret subpoenas, he was the Committee's ranking Democrat and has long been supportive of these types of virtually limitless subpoenas, according to Wheeler.

There are other outrages here, for example, the length of allowable gag orders, preventing companies like Apple from notifying customers, for years, that they are being surveilled, as in this case; the fact that there are no real requirements for narrowly tailoring such broad searches. Wheeler is hopeful that lawmakers may learn from this, now that they have become the targets. Naturally, they are bothered when it happens to them and to journalists, whereas the same invasive practices targeting ordinary Americans receives little attention or concern from lawmakers.

"The standard is there is no probable cause required," for these kinds of searches, she explains. "The FBI could have just said, 'We need all of the phone records for everybody on HPSCI because they are the people who got the document that was leaked,'  and that meets the relevant standard. And that is the standard that Adam Schiff has been telling us for years isn't all that intrusive"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Powell and Flynn call for coup in U.S.; Big Oil's very (very) bad day...
By Brad Friedman on 6/1/2021 5:26pm PT  

Desi and I are back on today's BradCast, after a week of non-stop jackhammers outside of our studio. The construction is still ongoing, but the jackhammers, we are told, are mostly done. So, we're trying to work around the noise as best as possible this week. (Though if a rerun unexpectedly shows up, that will be why!) And, happily, we're back just in time to report on the fights both for and against democracy in the great state of Texas over this past Memorial Day weekend. [Audio link to show is posted below summary.]

To that end, the loudest noises heard across the nation over the weekend, weren't jackhammers, but the march of Democrats, fighting to save democracy in Texas by walking out of the state House of Representatives on Sunday night, leaving behind no quorum to pass the GOP's major anti-voting bill. In a state dominated by Republicans --- in the Governor's mansion and both chambers of the state legislature --- Democrats were successfully able to kill one of the most onerous pieces of voter suppression legislation introduced by any state following the 2020 elections, by running out the clock. At least for now.

In Texas last November, things went very well, with the Secretary of State's office declaring the 2020 elections had been both "smooth and secure". Donald Trump easily won the state by about 630,000 votes, and Republicans held on to their majorities in both houses of the state legislature.

Unfortunately for the GOP, however, voter turnout --- in one of the lowest turnout states in the nation --- actually increased last November, including in Democratic-leaning jurisdictions like Harris County (Houston). Well, Republicans can't have that! They see the writing on the wall! More people voting, means more Democrats winning and more Republicans losing. So, over the weekend, at the very end of this year's legislative session, Republicans in state House and Senate, deliberating in secret, produced a whopper of a voter suppression bill that would make it much more difficult to vote by mail (which is already extraordinarily restricted in the Lone Star State); shorten weekend voting hours, including those used by Souls to the Polls efforts by black churches; make it a jail felony for election officials to send absentee ballot request forms to voters; outlaw drive-thru and 24-hour voting sites (used by some 140,000 last year to vote in Houston, where turnout increased by 10%); outlaw driving more than two non-family members to the polls without permission from the government; and deeply lower the threshold for overturning an election based on fraudulent ballots, even if the ballots in question were not cast for the winner of the initial vote count. All of that, among other new restrictons to make it more difficult to vote in a state that a recent study found was already the most difficult state to vote in.

But, after the wee-hours party-line passage of the 67-page bill, made public just before the final vote in the Senate late on Saturday night of the holiday weekend, the plan for final passage in the House went awry, thanks to a Democratic walk-out that left the chamber without the required two-thirds of its members needed for a quorum to hold a vote. As it happened on the last day for passage in the legislative session, the measure, Senate Bill 7 (obnoxously named the "Election Integrity Protection Act"), died a welcome death --- "welcome" at least to supporters of voting rights and democracy. Governor Greg Abbott (decidedly not such a supporter) was furious, and has threatened to withhold pay to legislators after the bill was killed. He has also declared the measure to be a "must pass" bill in a special emergency session he has vowed to call...at some point in near future.

The heroic Texas Democratic legislators who fought to keep democracy alive for another day in the Lone Star state by using the "last tool in [their] toolbox" to block the measure, subsequently pleaded with Congressional legislators in D.C. to pass the For the People Act and John Lewis Voting Rights Act at the federal level, to help stave off the worst elements of the Texas bills, and others like it, which have already passed by some 14 states, with more on the way.

Those federal measures to protect democracy, rather than undermine it, are unfortunately being blocked first by Republicans in the U.S. Senate, and secondly by West Virginia's Democratic Senator Joe Manchin, the only Dem of 50 in the upper chamber to not yet sign on as co-sponsor of the For the People Act --- a sweeping bill to reform and protect elections and campaigns in all 50 states. That, as both Manchin and Arizona's Sen. Kyrsten Sinema have been unwilling to reform the Senate filibuster in order to pass the critical election safeguards with a simple majority before 2022. Without filibusterer reform, Dems would somehow need to get 10 Senate Republicans on board to overcome a filibuster, an impossibility.

We explain all of this today in a fairly monster rant.

Next, in case it's still unclear what supporters of democracy are now being forced to contend with in these United States, we have a quick review of the weekend's three-day QAnon conspiracy conference in Dallas. Called "For God and Country: Patriot Roundup", the forum included an appearance by Trump attorney Sidney Powell, who called for the failed former President to be "reinstated" with a "new inauguration date" set, due to "abject fraud" and "obtaining a coup of the United States of America" last year. Of course, there is zero evidence of such fraud, despite her many failed lawsuits which falsely argued otherwise before being largely laughed out of court. As to a "coup", well, another featured guest at the Roundup called for exactly that. Literally.

When Trump's former National Security Advisor, Lt. General Michael Flynn (pardoned by Trump after he pleaded guilty to several criminal federal felonies last year), was asked by an audience member why we shouldn't have a military coup like the one under way in Myanmar. Flynn responded: "No reason," in stunning remarks captured on video tape. "I mean, it should happen here," he told the crowd. But, by Monday, after calls for Flynn to be held accountable for calling for the seditious overthrow of the United States, Flynn offered one hell of a walk back, claiming he didn't say at all what he very clearly said...as captured on video tape.

Finally, amidst the darkness of American democracy under assault as we've not seen since the Civil War itself, some good news. Ironically enough, it comes via our latest Green News Report, wherein Desi Doyen gets us caught up on a remarkably bad day for Big Oil last week, when the planet's three largest fossil fuel companies, Exxon, Chevron and Shell, all took big hits in either the boardroom or the courtroom. All of which is very helpful news indeed for our odds of mitigating the deadly climate emergency that all three companies spent so many years exacerbating and lying about. So, along with cheering on the heroic Dems in Texas, there's a bit more to be happy about as we walk out of today's BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: SCOTUS takes up abortion; Gaetz in trouble; Israel bombs AP's building in Gaza...
By Brad Friedman on 5/17/2021 6:54pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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Guest: Cybersecurity journalist Kim Zetter; Also: Judge nixes NRA's 'bad faith' bankruptcy; New AZ law will purge voters from mail-in ballot list...
By Brad Friedman on 5/11/2021 6:24pm PT  

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

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

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

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

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

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

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

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

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

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

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Guest: L.A. Times energy reporter Sammy Roth; Also: DeSantis signs new FL voter suppression bill on Fox 'News'...
By Brad Friedman on 5/6/2021 7:23pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guest: 30-year former Leon County, FL elections chief, Ion Sancho; Also: L.A. County records zero COVID deaths two days in row while California infection, hospitalization, death rates fall dramatically...
By Brad Friedman on 5/4/2021 6:21pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guests: John Brakey of AUDIT USA and Ray Lutz of Citizens Oversight from inside the 'secret' rightwing tally and forensic probe of 2.1M ballots from 2020, why there's so little transparency, and why it all matters..
By Brad Friedman on 4/28/2021 4:44pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guest: Caren Short, Voting Rights Attny, Southern Poverty Law Center...
By Brad Friedman on 3/29/2021 6:48pm PT  

Attempted voter suppression must come at a very serious cost to the suppressors. Hopefully, we are beginning to see at least some of that beginning to build in Georgia on today's BradCast --- even as voting rights advocates are forced to take legal action to block this latest attack on democracy by the state's Republican Party. [Audio link to show follows below.]

Hopefully, the blowback is just beginning. Last Wednesday, we were joined on the show by Marilyn Marks of the Coalition for Good Governance, as she warned about the massive voter suppression bill that Republicans in the GA state legislature were trying to jam through before this week's final day of the legislative session. But, in less than 24 hours, by Thursday, voting rights advocates were stunned --- and, arguably, caught off guard --- when the GOP-dominated state House and Senate both adopted a newly-introduced, nearly 100-page bill to pare back voting rights in a single day, before the measure, known as SB 202, was then signed just an hour or so later by long-time champion GOP vote suppressor and former Sec. of State, Governor Brian Kemp. For good measure, he did so under a painting of a slave plantation as an elected African-American member of the state House of Representatives was arrested for trying to witness the signing behind closed doors.

The measure, among other things, will increase ID requirements for absentee voting; reduce early in-person voting in some places; restrict the use of drop-boxes for mail-in ballots; ban the distribution of food and beverages to voters waiting in Georgia's famously long (in some places) voting lines; threaten third-party advocacy groups with criminal prosecution if they dare send an absentee ballot request form to someone already signed up to vote by mail; and, perhaps most perniciously, according to Marks sounding the alarm last week, allow the state's majority-GOP legislature to essentially take over control of the State Board of Elections. In turn, the State Board can then replace entire County Boards of Elections with a single partisan person, pretty much for any reason they like, threatening to both undermine or even overturn election results at the county level in...ya know...certain counties --- just as Donald Trump tried to do after losing the 2020 election in The Peach State last year.

All of that, despite zero evidence of fraud or mistally in last year's Presidential election in Georgia, where three statewide counts --- twice by machines, once by hand --- all confirmed the results, which the state confirmed to be free of fraud.

Since passage and signing of SB 202 last week, not one, but two lawsuits have been filed to try and block the law, charging that it violates both the U.S. Constitution and the Voting Rights Act (VRA), as the multiple civil and voting rights group plaintiffs allege the new voting restrictions are specifically designed to target minority voters. The President of the United States has subsequently described the law as "un-American", an "atrocity" and "Jim Crow in the 21st Century". Despite all of that, it ultimately could be the Major League Baseball Player's Association which ends up making a real difference in regards this new anti-democracy scheme. The players are reportedly deciding whether to demand this year's MLB All-Star Game, currently set for Atlanta in July, be moved to a different state if the law is not struck down.

At the same time, federal laws --- such as the For the People Act (H.R.1) or John Lewis Voting Rights Advancement Act (H.R.4) --- which would help protect against a number of the worst GOP voter suppression tactics now adopted by the Peach State and moving ahead in others where Republicans are considering similar measures, will not pass unless the undemocratic Jim Crow-era U.S. Senate Filibuster is, in some fashion, killed or reformed.

We're joined today by CAREN SHORT, Senior Voting Rights Attorney at the Southern Poverty Law Center to discuss all of this. While her group has not yet joined either of the two federal lawsuits filed against Georgia's law, she suggests they are considering as much. In the meantime, she explains what she finds so devious about GA's racist new law, and whether or not the current lawsuits --- or even the Dept. of Justice --- may be able to reverse the worst of SB 202's attack on voters and voting in the state.

Among the issues we discuss with Short: Her views on the worst aspects of SB 202; Whether its possible to demonstrate a disproportionate affect on minority voters before an election is run with this new law in place; How the portion of the Voting Rights Act struck down by SCOTUS in 2013 would likely have prevented this entire bill from even being introduced in the first place; Whether the DoJ has grounds for filing suit themselves under still-standing portions of the VRA to protect Georgia voters; And how courts will determine whether FEARS of voter fraud (in the absence of same) is enough to justify taking rights already granted to voters away from them, among much more!

"You're right, there's a lot to be troubled about," she tells me at the top of our discussion. "This bill is troubling. It would really disenfranchise a lot of people in Georgia. Although it would apply equally to everyone, it is specifically targeted to harm black voters, brown voters, young people, voters with disabilities --- and it will do so."

"You mentioned that democracy is everyone's job. I could not agree more with that," Short says, when I ask what needs to be done to see the filibuster reformed in the U.S. Senate so that H.R.1 and H.R.4 can passed and become law. "These are our representatives. These are our policy makers. They represent what we want. ... We need democracy reform. We need transparency. We need fairness. We need protections for folks in the Deep South who are facing bills like the one in Georgia. This cannot stand. It cannot happen in my name as an American. We need to get involved. This is our moment. Call your friends who live in those states who are going to be needed for filibuster reform, if necessary. Some Democratic folks have said, 'failure is not an option.' And it's absolutely true."

Finally, with both good and worrying news about COVID (good, in that President Biden has announced vaccine distribution is moving ahead even quicker than previously hoped; worrying, in that the new CDC Director is "scared" with a sense of "impending doom" about the recent 16% rise in infections as mask mandates have been lifted in some states), we open up the phones for a quick call or two on all of this at the end of another important and lively hour...

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Sec. of State Katie Hobbs speaks with Nicole Sandler; Also: Brad's recent interview with former FL Election Supervisor Ion Sancho, recounted...
By Desi Doyen on 3/26/2021 2:25pm PT  

We had planned for NICOLE SANDLER to fill in for us on today's BradCast, to share her exclusive interview this week with Arizona's Democratic Secretary of State. Unfortunately, Nicole got hit pretty hard after her second COVID vaccine shot, so she's been a bit under the weather (but getting much better!). However, she was kind enough to share the interview with us anyway so we could share it with you on today's program. [Audio link to full show follows below.]

In her conversation with Nicole, AZ's Sec. of State KATIE HOBBS, among other things, debunks false claims of "fraud" in the Grand Canyon State's successful 2020 Presidential election, where Joe Biden became the first Democrat to win the state on the Presidential level in several decades. The Grand Canyon State also elected Democrat Mark Kelly for the U.S. Senate last November. He joins AZ's Democratic Sen. Kyrsten Sinema, mirroring the case in Georgia, which also went "blue" for the first time in decades last year for Biden and elected two Dems to the U.S. Senate.

On Thursday night, Georgia's GOP rammed through sweeping new restrictions on voting that will curb voting rights and (as Brad discussed with Marilyn Marks of the Coalition for Good Governance earlier this week) allow the GOP-majority state legislature to undermine County Boards of Elections and even overturn election results, if they like. GA's former Republican Sec. of State and current Governor Brian Kemp signed the new anti-democracy measure last night almost immediately after it was passed in the Peach State's House and Senate at lightning speed on Thursday. Today, President Biden described the GA measure as an "atrocity".

On today's program, Hobbs speaks to similar efforts now under way by Arizona's GOP state lawmakers to roll back voting rights, including the state's popular mail-in voting options, despite last year's "very successful" election...or, perhaps, because of it. Hobbs describes the measures being pushed by state Republicans as "unprecedented" and "really dangerous in terms of voting rights, not just in Arizona but across the country."

She tells Nicole that these efforts, being sold in response to Donald Trump's evidence-free Big Lie that last year's election was stolen for Biden, are based on "a false premise. We do not have to make the choice between voter access and security. What we saw in the 2020 election proves that we can have both."

Finally today, in case you missed it previously or might like to hear it again, we revisit Brad's recent conversation from 3/15/2021 with Leon County, Florida's legendary, 30-year former Supervisor of Elections ION SANCHO on similar GOP efforts to roll back voting rights in the Sunshine State and in neighboring Georgia...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Team Trump attorney responds to Dominion defamation suit by claiming 'no reasonable person' could have believed her false conspiracy theories...
By Brad Friedman on 3/24/2021 6:46pm PT  

We've been doing our best on The BradCast, to keep you up to date with the various attempted assaults on voting rights that Republicans are trying to enact in dozens of state legislatures around the country, in response to Donald Trump's evidence-free Big Lie that the 2020 election was somehow stolen from him. But what is going on in Georgia right now, where lawmakers are attempting an extraordinary power grab to essentially give themselves control over entire elections and their results, is even worse and more disturbing than you have likely heard. [Audio link to full show follows summary below.]

First up today, however, speaking of fraudulent claims about fraud in the 2020 election, Team Trump attorney Sidney Powell filed her response to Dominion Voting System's $1.3 billion defamation suit [PDF] against her, and it's fairly hilarious.

Her Motion to Dismiss [PDF] includes her defense that "no reasonable person" could have interpreted her outlandish claims that Dominion's voting and tabulation systems were used to steal the election for Joe Biden via a massive international conspiracy (bastardized and reimagined, in no small part, from my decade-old accurate, exclusive reporting on several voting machine companies tied at one point to Venezuela) were actually "statements of fact". Her four failed "Kraken" lawsuits, and countless appearance on wingnut media making such claims, she now appears to be arguing, were little more than her political opinion, which nobody could have mistaken for facts. Therefore, she argues, she cannot be held accountable under the First Amendment. Good luck with that, Sidney. Clearly, voters in Stark County, OH and in the state of Louisiana --- "reasonable" or not --- bought into her lies, as a mountain of complaints about Dominion since the election has resulted in both jurisdictions ending their consideration of multi-million contracts with the Canadian-based voting equipment vendor.

Powell's repeated fraudulent fraud claims and those by Trump himself following the 2020 election have had other real world consequences, including the deadly MAGA Mob attack on the U.S. Capitol in January to try and "stop the steal", as well as now hundreds of voter suppression bills being pushed by GOP lawmakers in more than 40 states.

As Georgia's legislative sessions comes to an end next week, there has been a dizzying flurry of proposals in both the state house and senate to target voting, mostly effecting minority voters. Last week, a two-page GOP bill on absentee ballot applications was substituted at the last minute by Republicans with a 93-page omnibus bill that includes dozens of new voting restrictions and reforms. The measure was revealed to Democratic state lawmakers and voting rights advocates just one hour before a committee hearing for it in the state House of Representatives.

Stacey Abrams' Fair Fight Action group described the measure as "A desperate power grab to appease insurrectionists and losing political candidates." The bill, according to Georgia Public Broadcasting, introduced dozens of new restrictions including "including banning people from giving food and water to voters waiting in line, limiting early voting days for larger counties, and adding ID requirements to absentee ballots."

Many of those provisions have received a fair amount of public attention over the past week, including the attempt to end Sunday "souls to the polls" voting, which is popular with religious Black voters who traditionally head to the polls en masse after church services. That provision, and an attempt to scrap no-excuse absentee voting, have both now been withdrawn by Republicans after public backlash, according to our guest today. But, she is now far more concerned with a, so far, little noticed provision that would allow the partisan, legislature-appointed State Board of Elections to undermine and even reverse elections results in any county in the state by replacing any bi-partisan County Elections Board with a single person of their choosing, for virtually any reason they like.

One of our longtime go-to sources on Georgia election disasters, MARILYN MARKS of the Coalition for Good Governance, joins us for the first time in the new year to sound the alarm bell on that provision, and a few others which, she warns, are not receiving nearly enough attention from the public.

"It's hard to express the danger of what it is they are trying to do," she tells me, explaining how the State Board of Elections (currently a five-person board, with one Democrat) would "be able to take over any County where they don't like how the County is counting the votes, how the County's election processes work...really with no due process. With just a few minor violations --- which anybody can find with any County --- the State Election Board can come swooping in [and] put their partisan appointee in the place of the public Board. They wipe out the public [County] Board of Elections and put one person in charge."

If that measure had been in place during 2020, she warns, it could have been used to overturn election results in, say, Fulton County (Atlanta) at the whim of partisans on the State Board.

As were speaking today, the New York Times published an article warning about this very issue as well, quoting Abrams charging that "Republicans are brazenly trying to seize local and state election authority in an unprecedented power grab." Echoing Marks, Abrams warns its "intended to alter election outcomes and remove state and county election officials who refuse to put party above the people."

"They could literally send in their appointee, fire all of the election board, have no more public meetings, conduct all of the balloting behind closed doors, certify whoever they wanted to as the winner, and there's hardly anything that could be done about it," Marks explains. "They are trying to make that law."

She also details how the GOP attempt to change mail-in ballot authentication from using signatures --- a system that now works well in the Peach State, she says --- to using things like drivers license numbers, will actually make absentee ballot fraud easier rather than more difficult. Marks, a longtime Republican (though not any more), explains that her attempts to warn GA's GOP lawmakers about this seems to be getting dismissed because, she says, those lawmakers don't seem to actually care about fraud. They are more interesting in sayiing they did something to respond to their constituents' unsupported belief that signature verification is being easily defeated by fraudsters. (Now where would those folks have come up with that idea?)

"They shake their head and say, 'You're right. This does degrade security. But the Secretary of State [Brad Raffensperger] wants this, and everybody is marching to his tune, and we know we are going to get all sorts of hell when the voters find out what we're doing, but we feel under such pressure to do something.' ... They're going to do 'something' even if it's wrong," Marks insists.

We also discuss her long-standing federal lawsuit to try and decertify the 100% unverifiable touchscreen voting systems made by Dominion Voting Systems that Raffensperger deployed statewide for the first time last year. He did so after the Coalition's lawsuit resulted in a 2019 ruling by a federal judge that the state's previous, 100% unverifiable touchscreen voting system made by Diebold was both unverifiable and unsecure and, therefore, unconstitutional. Marks offers a status report on the case, as she hopes for an eventual ruling on the Dominion machines similar to the one that ended the state's use of the older, similarly vulnerable Diebold systems. And no, she explains, though she has been very tough on Dominion's systems over the years, she is not concerned about a defamation lawsuit from the company akin to the ones filed against Powell and Rudy Giuliani by the voting system vendor.

"We don't allege things that we don't have very solid proof of," she says. "We have the nation's top security experts working with us under penalty of perjury. We work in fact, not ridiculous allegations like Sidney Powell's group"...

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OH AG looks $5.5B federal gift-horse in mouth; AZ GOP sanctioned for 'groundless' lawsuit after well-run 2020 election; Repub attacks on democracy seek to send voters to 'Back of the Line'...
By Brad Friedman on 3/18/2021 7:17pm PT  

It's a bit of a grab bag on today's BradCast, but one that will hopefully keep you well prepared for your next conversation with any of your still brain-poisoned wingnut friends, family and coworkers.[Audio link to full show is posted below summary.]

Included in our grab bag of coverage today...

  • Ohio's Republican Attorney General Dave Yost is suing the Biden Administration because the $350 billion that the Democratic COVID relief bill (the American Rescue Plan) allocates to help all 50 states overcome a revenue cash crunch includes a provision that prevents states from using that free federal money to finance state tax cuts.
  • Of course, Ohio could also just refuse to take the $5.5 billion earmarked for them in the federal legislation, which not a single Republican voted for in the U.S. House or Senate, often describing it as a "blue state bailout". But, because we believe in facts around here...As detailed in a new report this week from the financial website WalletHub, Ohio's Republican-majority state government ranks 16th among those most dependent on the federal Government. In fact, the site's latest annual analysis finds that 11 of the top 12 states most dependent on D.C. are all controlled by Republicans, while 12 of the 14 least dependent are run by Democrats. In other words, "blue" state taxpayer dollars continue to be a perpetual "red" state bailout.
  • With the election of Joe Biden and two Democratic U.S. Senators in Arizona (the 7th most dependent on federal dollars), the state is finally trending "blue", even as Republicans still hold control of the state legislature and governor's mansion. But turning "purple" is only leading the state Republican Party to lurch farther and farther to the right under the embarrassing --- and now costly --- leadership of AZ GOP Chair Kelli Ward. This week, a state judge ordered the Party to pay $18,000 in costs and attorneys fees to the state's Democratic Secretary of State after a frivolous lawsuit sought to force another post-2020 election audit in Maricopa County (Phoenix). The "bad faith" and "groundless" GOP suit, as the judge noticed in his sanctions order describing the effort as "gaslighting," failed to recognize that the County had already run a post-election hand-counted ballot audit, finding no fraud or inaccuracies in its Dominion Voting System tabulators.
  • For good measure, in late January, the Maricopa County Board of Supervisors commissioned another audit, this one examining voting system equipment and source code, searching for malicious software or hardware on the systems used in November, checking for evidence of inappropriate network or Internet connectivity issues and rechecking the accuracy of the tabulation system itself against millions of actual votes cast last year. In all cases, according to the two separate, independent, federally accredited voting system test labs commissioned to carry out the audit, "No Issues" were discovered across the board.
  • Despite the clean bill of health from those post-election audits and the failed, evidence-free lawsuits to try and overturn Biden's win in the Grand Canyon State, Republican lawmakers in the state legislature continue to move dozens of voter suppression bills forward in hopes of, at the very least, undercutting the state's very popular mail voting system, as used by 80 percent of voters (Republican and Democratic alike) even before the COVID pandemic. One such measure would both add onerous ID requirements to mail-in ballots and require that absentee ballots be postmarked by the Thursday before Election Day!
  • The efforts in Arizona are, of course, being echoed by Republicans in statehouses all across the country of late, with more than 250 voter suppression bills introduced in more than 40 states so far this year. All of which share the hope of making it harder for (certain) voters to cast ballots at all. The GOP has been hard at work at this sort of suppression for some time, though they are doubling and tripling down since the 2020 contest. All of which has echoes for folk singer/song writer MATT SIRCELY, whose new Back of the Line tune harkens back to the voting lines in Ohio in 2004, the lines of protesters marching across the Edmund Pettus Bridge on Bloody Sunday in Selma, Alabama in 1965, and the bread lines of the Great Depression. If Matt thought that thanking me for inspiration on this song would lead us to play it on the show...he is correct!
  • Finally, we close with Desi Doyen and our latest Green News Report, as extreme weather slams the North, South and West; as corporate media coverage of climate change fell over a cliff with the COVID pandemic last year; and as a top Texas utility regulator gets fired after being caught on tape helping to rig the system for corporate investors over Lone Star State rate-payers...

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Guest: 30-year veteran Leon County, FL elections chief Ion Sancho; Also: Callers ring in on that and Biden's progressive American Rescue Plan...
By Brad Friedman on 3/15/2021 6:43pm PT  

On today's BradCast: The Republican assault on voting rights is not only happening in states where the GOP lost, for the first time in many years, at the Presidential level in 2020, like Georgia. It's also happening in states that Donald Trump won in 2020, but by a smaller margin than in 2016, like Texas. And, yes, it's also happening in the few states where Trump won in 2020 and actually increased his winning margin over 2016, like Florida. But in Florida, state elections officials, including Republicans, are furious about it. [Audio link to full show is posted below.]

While GOP state lawmakers are, right now, pushing hundreds of vote suppression bills in more than 40 states, based on Trump's Big Lie that he won the 2020 election (he didn't), a very small handful of Republicans are pushing back. In Georgia, on Sunday, the state's Republican Lt. Gov. Geoff Duncan appeared to decry at least some of the GOP efforts to curb voting rights in the Peach State. Last week, he walked out of the state Senate while presiding over a debate over passage of a new GOP bill that would disallow no-excuse absentee voting and implement many other restrictions. Over the weekend on NBC's 'Meet the Press', Duncan argued "Republicans don’t need election reforms to win, we need leadership."

Meanwhile, in Florida, where even Trump didn't forward phony claims about absentee fraud --- where he actually lauded their absentee vote system (in no small part because he voted illegally by absentee there) --- GOPers are, nonetheless, instituting new restrictions that would ban drop-boxes and remove the state's system that allows voters to sign up to be on the mail-in voting list for four years at a time. That, and other new restrictions on voting rights in the Sunshine State, are all included in an omnibus bill introduced by state Sen. Dennis Baxley called SB90. But, at least in Florida, state elections officials --- Democratic and Republican alike --- are pushing back.

Why, after the 2020 election, when even Republicans in the state like Gov. Ron DeSantis declared it to be one of the best and most secure elections in state history are GOPers now moving to restrict the franchise?

We're joined for some answers today by 30-year veteran Leon County (Tallahassee), FL Supervisor of Elections, ION SANCHO. The longtime, legendary champion of voting rights finally retired in 2016, after becoming so well respected by his fellow county elections officials, from all parties, that he was tapped to oversee the contentious and eventually aborted 2000 statewide recount between George W. Bush and Al Gore.

But now, the longtime Election Integrity champion says, he is furious at what Republicans are doing, and says that it's all about DeSantis' 2022 re-election hopes. "What's being overlooked by the national press," Sancho tells us today, "is that this issue, while framed nationally by the disgraced ex-President, is really being pushed by Gov. Ron DeSantis, who in 2018 won by a scant 30,000 votes out of 8 million cast. He's scared to death because the Democrats right now have an over-half-a-million vote margin for individuals signed up to get that vote-by-mail ballot."

All of that plays into Republican fears of mail-in ballot drop-boxes, even though, as Sancho notes, they are far more secure than the U.S. mail, particularly after Republicans in the state's General Assembly previously adopted rules to ensure secure, manned drop-boxes in every county.

"Of the millions of Democratic voters that voted by mail, 1.5 million of them dropped them off in those vote-by-mail ballot drop-boxes before Trump laid out his plot to try to steal the election by damning vote-by-mail ballots," Sancho explains. "The Republican legislature, whose Republican base had always outvoted the Democrats from 2000 to 2020, required by law that each vote-by-mail ballot establishment have a drop -box."

"Then the bottom dropped out. COVID hit and the Democratic Party in the State of Florida said we don't want to subject our voters to go door to door, so they embarked on a phone program to enroll people in vote-by-mail . That was overwhelmingly successful, and vote-by-mail dramatically increased on the Democratic Party side to the point now that today, if Gov. DeSantis doesn't get rid of that list [of voters signed up for long-term absentee voting], he's facing a half a million vote margin to begin with. That's what's driving this particular bill this year." The new bill would wipe out the existing list and mandate that all voters re-sign up for it now, and then every two years thereafter.

"This is deja vu all over again," rails Sancho who charges "this slander" that "has caused people to doubt the veracity of elections" has made him "very angry." He draws a bead on Republican state Senator Baxley, the sponsor of SB90, charging this is not his "first drive-by shooting on carrying the Republican voter suppression. In 2010 he was author of [a bill] which dramatically curtailed early voting, because Obama carried early voting here in Florida [in 2008] by such a large margin that an actual majority of all African-Americans in this state voted at an early voting location. This is a tried-and-true playbook with the same characters involved."

As usual, there is much more in our conversation, including Sancho's take on the evidence-free, post-2020 GOP attacks on the Dominion Voting Systems company. Sancho has been a longtime thorn in the side of private elections vendors and their computerized voting and tabulation systems. He played a starring role in HBO's Emmy-nominated 2006 documentary Hacking Democracy, when he oversaw what became the first known hack of a Diebold optical-scan tabulator, as depicted live, as it happened, in the film's climactic finale.

"It's been rigged here," he tells me flatly. "Again, I've been watching these 'How can we curtail this? How can we do that?', and it's been going on since 2000."

Finally, we open the phones up for a few minutes for listener feedback on all of the above (including one fun Trump-supporting caller who is hopping mad about the conversation with Sancho!), and on my contention last week that Joe Biden and the Democrats' massive, progressive $1.9 trillion COVID relief and stimulus bill, the American Rescue Plan, could finally signal the long-overdue end of the four-decade old Ronald Reagan Era in this country...

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Guest: Public Citizen's Matt Kent on the Congressional Review Act's closing window; Also: IA, GA Repubs pass vote suppression bills; Palm Beach resident Trump votes by absentee...again...
By Brad Friedman on 3/9/2021 6:32pm PT  

On today's BradCast: Democrats could roll back dozens of toxic and/or corrupt Trump-era regulations, many of which had, themselves, rolled back previous regulations. And they can do it with a simple, filibuster-proof majority vote in the U.S. Senate. But they must act quickly. So, what's the hold up? [Audio link to full show follows below summary.]

First up today, however, some quick elections news. Donald Trump, who decried absentee voting for everyone but himself while he lived at the White House and voted by mail unlawfully using Mar-a-Lago as his voting address, had previous claimed it was just fine that he voted by absentee, since he was legitimately not in Palm Beach, Florida to cast his vote.  Well, Palm Beach is holding municipal elections today, and guest which current resident of the town has requested an absentee ballot to vote?

Meanwhile, the post-2020 GOP attempt to roll back access to the ballot is gaining speed in state legislatures across the country. The Brennan Center for Justice cites more than 200 such measures proposed in more than 40 states as of mid-February.  One of them, a bill in Iowa that shortens Early Voting days and polling place hours, among other restrictions, was signed into law by the state's Republican Gov. Kim Reynolds on Monday.  On Tuesday, civil rights groups filed suit.

Down in Georgia, a massive number of restrictions on voting --- most notably, mail-in voting --- are being quickly passed by both chambers of the state General Assembly.  As in Iowa, it's all being done with party line votes, with furious Democrats voting in opposition. On Monday, the GA state Senate passed a bill that, among other things, ends no-excuse absentee voting for most voters, even as 1.3 million took advantage of the convenient (and, during a pandemic, safer) way to vote in last year's Presidential election. But after Democrats won that election in November and both U.S. Senate runoffs in January, Republicans are now hoping to reverse the no-excuse mail-in voting law they themselves passed with their GOP-majority back in 2005. Shamefully, that is not the only new restriction that Republican state lawmakers are trying to enact in the Peach State, with many of the new restrictions aimed at suppressing minority voters.  And, as in Iowa, despite a lack of evidence of any voter fraud in their elections, Republicans are pretending that these new suppression tactics are necessary to prevent voter fraud.

Many provisions of the restrictive bills being pushed through state legislatures would be blocked by the Democrats' major voting rights bill, H.R.1, the "For the People Act" at the federal level.  The bill has already been passed in the U.S. House (with zero GOP votes), but unless the Senate filibuster rules are reformed --- or Joe Manchin comes to his senses (or both) --- the bill will almost certainly fail to overcome Republican opposition in the upper chamber.

At the same time, however, while Democrats are forced to look forward to protect upcoming elections, there are scores of corrupt, dangerous, Trump-era federal regulations that can now be rolled back with a simple majority vote in both chambers of Congress. No need to get 60 votes in the Senate! But Democrats have to act fast to overturn these Trump rules before the clock runs out on the 60 legislative days since the new Congress began which allow for rolling back a previous Administration's regulatory rules under the Clinton-era Congressional Review Act (CRA).

There is an enormous number of measures that Democrats could reverse immediately, enacted at the last minute by the Trump Administration at dozens of federal agencies such as the EPA, Dept. of Interior, Dept. of Energy, USDA, NOAA, Dept. of Justice, Dept. of Transportation, Dept. of Labor, HUD, HHS, the Veterans Administration, DHS and others. But, as Public Citizen has been reporting, the window to repeal parts of "Trump's deregulatory legacy" is quickly closing before an April 4th deadline to introduce simple resolutions for each specific regulatory action they wish to roll back.

We're joined today by MATT KENT, Regulatory Policy Associate at Public Citizen who, with Amit Narang, has been furiously attempting to sound the alarm about all of this (and about the regulations that the Trump Administration screwed up when issuing them, making it even easier for Biden to reverse on his own.)

"Anything completed within 60 legislative days of the end of the preceding Congress --- so, for our purposes, anything the Trump Administration finalized after August 21, 2020 --- anything after that is available to be undone by this Congress," Kent explains. "There's a real opportunity here for the Biden Administration and the Democratic Congress to more or less supercharge their efforts to use the CRA, to really expand the scope of regulations that are available to be removed --- deregulatory action is a better way to put it."

"This is a filibuster buster," he tells me. "This is something you can use to really get around a huge roadblock in the Senate. That's the way it was designed by the Republicans who created the law."

While the non-partisan government watchdog Public Citizen has long opposed the CRA, Kent argues turnabout is fair play. While the law was little used until Trump came to office, Republicans too advantage of it to overturn more than a dozen Obama-era rules. Kent advises it should be used here again, and then "pull up the ladder" to abolish it.

"The sands are moving through the hourglass here," he says, referencing the upcoming CRA deadline before offering some bewildering news: "So far, there have not been any Congressional  Review Act resolutions introduced at all. I am a little surprised that no Democrat has introduced a disapproval resolution."

He predicts "we'll probably see some in the next few weeks, but the pace has definitely been slow." What could possibly explain the hold up? We discuss.

Finally, Desi Doyen joins us for our latest Green News Report, with some more news about rollbacks to Trump-era rollbacks, specifically, in this case, at the Dept. of Interior. That good news, as usual in the GNR, is balanced by some decidedly less good news --- on another bankrupt coal company hoping to pass its toxic mess on to the tax-payers, and a sleazy (and so far, successful) effort by the natural gas industry to block any and all changes to city building codes, meant to combat climate change, around the nation...

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Guest: Sarah Repucci of Freedom House; Also: Senate passes Biden's very progressive $1.9 trillion COVID relief bill; SCOTUS rejects last of Trump's 2020 election challenges...
By Brad Friedman on 3/8/2021 6:44pm PT  

It's not only in the U.S. where democracy is now under attack. Unfortunately, as discussed with our guest on today's BradCast, when freedom and democracy begin to collapse here, it gets even worse everywhere else. [Audio link to show follows below this summary.]

But, first up today, a quick word or two on Harry and Meghan (because in case you thought a parliamentary monarchy was a better idea than our representative democracy....well, that's not working out so well either these days.)

Very good news out of Congress, however, where the U.S. Senate finally passed Joe Biden's massive $1.9 trillion American Rescue Plan over the weekend. Sadly, it was adopted 50-49 without a single Republican vote. The wildly popular measure provides critical relief across a whole bunch of sectors, with, as the New York Times describes, it "the principle Democrats and liberal economists have espoused over the past decade: that the best way to stoke faster economic growth is from the bottom up."  We go through many of the details of this major relief and stimulus plan that both Democrats and progressives should be damned proud of. Hopefully they remember to sing its praises between now and November of 2022, at the very least.  While the bill was changed marginally in the Senate after House passage (in some ways, it was even made more progressive!), it remained pretty much the same bold plan as initially proposed. It is, as many have described it, the most progressive relief bill ever passed by both Houses of Congress.

Democrats, by and large, seem to have figured out that it's ridiculous to negotiate with themselves in order to win the fool's errand of receiving Republican votes, when they ain't coming on board for anything Democrats in power favor, no matter how popular the measure is with their own Republican constituents (very!) or how many of them it will actually help in myriad ways. The measure must be approved one more time in the House before it heads to the President's desk likely this week, followed by his signatures and then individual checks of $1,400 to most Americans, $3,600 for most children, new expansions to Obamacare to allow those with higher incomes to receive subsidies for health insurance premiums and much much more to get American and its economy and schools back open faster and safer.

Meanwhile, on Monday, Donald Trump lost Wisconsin yet again, as the U.S. Supreme Court rejected his appeal of a lower court ruling upholding the bipartisan Wisconsin Election Commission's handling of mail-in ballots in the 2020 election. And, with that, SCOTUS has now officially rejected every challenge to the 2020 election results brought by Trump and his MAGA Mob to the Republicans' stolen and packed high court.  Sadly, GOP state legislatures are now in the process of attempting to impose severe new restrictions on voting in multiple states, including by rolling back measures, for example, for no-excuse absentee voting in Georgia, that they themselves had previously enacted.

So the fight for democracy and voting rights continues. Sunday marked the 56th anniversary of the Bloody Sunday march in Selma, Alabama, when civil rights icon, the late Rep. John Lewis and hundreds of others were beaten to a pulp by state troopers during a protest walk for voting voting rights across the Edmund Pettus Bridge. That violence at that 1965 march, witnessed live on television, resulted in President Johnson signing the landmark Voting Rights Act that year. In commemoration over the weekend, President Biden issued an executive order "to promote voting access to all all eligible Americans to participate in our democracy." The order, as the White House describes it, "will leverage the resources of the federal government to increase access to voter registration services and information about voting."

The effort comes not a moment too soon, unfortunately, as underscored by a new report out last week from Freedom House titled Freedom in the World 2021: Democracy under Siege. It finds, among other troubling things: "As a lethal pandemic, economic and physical insecurity, and violent conflict ravaged the world, democracy’s defenders sustained heavy new losses in their struggle against authoritarian foes, shifting the international balance in favor of tyranny."

Three-quarters of people in the world now live in countries where freedom and democracy are on the decline, according to the group's latest annual report. As Washington Post's coverage notes, "This year’s survey, published Wednesday, marked the 15th consecutive year of global democratic backsliding --- 'a long democratic recession,' in the organization’s words, that is 'deepening.'' Moreover, the United States dropped three rankings in this year's survey which, its co-author explains on today's show, has been carried out by the 80-year old, non-partisan, non-profit group every year since 1972.

We're joined today by Freedom House Vice President of Research and Analysis SARAH REPUCCI, who notes that while the report cites the "unprecedented attacks on one of the world’s most visible and influential democracies," with the Trump-incited attack on the U.S. Capitol in January, and that his "actions went unchecked by most lawmakers from his own party, with a stunning silence that undermined basic democratic tenets," the 1/6 insurrection attempt wasn't even considered as part of this year's rankings of 195 countries, since it occurred in 2021.

Moreover, Freedom House found the largest "democracy gap" (the number of countries that improved minus the number of countries that declined) in the report's history last year, which marked 15 years of decline by the group's measure.

Repucci explains the report's methodology, which areas of the world are now seen as most at risk, and how the decline in freedoms and democracy in the U.S. over the past 15 years --- particularly over the past decade --- have helped to encourage the grim turn for democratic movements across the globe in recent years. She also offers some key recommendations for how to turn things around in this country, including reform in a number of areas --- such as ending partisan gerrymandering and instituting campaign finance reform. Both of those items are central tenets of the critical H.R.1, or "For the People Act", an omnibus and long-overdue elections and ethics reform package that has now been adopted by the U.S. House but faces a Republican filibuster in the U.S. Senate at this time.

"What many of us have been witnessing here in the United States is part of this larger global trend," Repucci tells me. "We've been tracking 15 years of decline globally, and the US has been declining the last ten years. So this is not totally not new in the US, and it's definitely not new globally.  What we are seeing are declines across the board in very repressive settings and also in democracies and everything in between." She warns: "The main takeaway is that no country is safe from this. It's affecting all types and all regions. It's something that we need to take really seriously."

Finally today, the CDC has issued its first guidelines for those who are now fully vaccinated against the coronavirus. The guidance, which we discuss, allows for, among other things, those who have been fully vaccinated to hang out indoors, in private settings, without masks or social distancing with others who have been fully vaccinated as well. So, there's just one more good reason to get a shot as soon as you can figure out how to get one (or two, as the case may be). So far, just under 10% of Americans have been fully vaccinated...

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House passes H.R.1., so now what?; MI audits find 2020 results accurate, so now what?; AZ Senate finally gets ahold of Maricopa County's 2020 ballots, so now what?; GOP Congressman admits to three counts of felony voter fraud...so guess what?!...
By Brad Friedman on 3/4/2021 6:31pm PT  

We've got mostly democracy-related stories to report on today's BradCast. Some good news, and some bad. But there's a whole bunch of anti-democracy GOP fraud throughout, because what democracy story in the U.S. these days doesn't include Republican fraud and/or attempted voter suppression? [Audio link to full show is posted below summary.]

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

  • We start with one story that has little to do with democracy, though it should be enough to ensure these two idiot Governors are never elected to anything ever again. In case you are unclear just how idiotic the Governors of Texas and Mississippi are, after they lifted all COVID restrictions in each state this week in hopes that folks won't notice how horrifically they failed their own constituents following the winter storm there three weeks ago, Axios reports today that, while COVID infections rates are still falling in most states, the rate in Texas is up 27 percent over the past week and Mississippi's is up a nation-leading 62 percent! Luckily, both states are islands, so the idiocy of their Republican Governors won't effect everyone else's efforts to get beyond this pandemic once and for all, right?
  • House Democrats, as expected, passed H.R.1 --- the "For the People Act" --- on Wednesday night with zero Republican votes. The massive, landmark, once-in-a-generation voting rights, campaign finance reform and ethics reform bill now moves to the Senate. In that undemocratic body, however, where a simple majority is NOT enough to pass a democracy reform bill as of now, it will likely die, unless enough pressure is applied on Democratic Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona to do the right thing, reform the filibuster, and allow this critical (if imperfect) measure to pass while Democrats have a brief opportunity right now to do so. The measure is long overdue and, according to new polling, wildly popular with the American people of all parties. 68% of likely voters favor the bill, and even a majority of Republicans (57%), back it as well.
  • The sad (and dangerous) Trump/GOP effort to con Americans into believing last November's election was stolen from the disgraced former President --- despite all evidence to the contrary --- continues.  And the massive evidence to the contrary continues to mount. This week, Michigan's Secretary of State announced that the results of a second statewide post-election audit once again confirms the initially reported results. "All of Michigan’s more than 250 election audits are now complete, and each and every one of them affirmed the integrity of the November election and the accuracy of the results," Sec. of State Jocelyn Benson said on Thursday. The audits were carried out by "More than 1,300 Republican, Democratic, and non-partisan election clerks...working across the aisle to review one another's procedures, ballots and machines in coordination with the state Bureau of Elections." Full hand-counts were carried out in some places, such as Antrim County, where Republicans pretended that Dominion Voting Systems machines were used to try and steal the election from Trump.  And, in heavily populated cities like Detroit, election officials determined that, of 174,000 absentee ballots tallied in the city, only 17 votes were ultimately "out of balance" (where the number of ballots cast in a precinct differed from the number of envelopes or signatures accounted for.)
  • But the most embarrassing state GOP idiocy of the week may belong to the Republican-controlled state Senate in Arizona. After months of subpoenas to elections officials, ordering them to turn over all 2.1 million ballots cast in Maricopa County (Phoenix) last year --- and even coming within one vote of throwing elections officials there in jail for following state law by securely retaining custody of the ballots cast in the County last November --- a state judge finally ordered Maricopa officials to obey the subpoena to deliver all ballots to the Senate, so they could count them themselves. They were all delivered, 73 pallets of them, this week. And guess what? Senate Republicans have no idea what to do with them now.  The story is even worse than it sounds, as we discuss today.
  • But at least officials in Kansas were finally able to find some voter fraud. Specifically, voter fraud by now-former Republican U.S. House Rep. Steve Watkins of Topeka. The one-term Congressman was defeated last year. But not before he lied about his residence, using the address of a UPS store on his voter registration, voted in an election he was not entitled to vote in, and then lied to state investigators about it all.  He was charged with three felonies related to voting. This week, however --- because, luckily, he is a white, male Republican from Kansas --- prosecutors are allowing him to enter a diversion agreement that delays his trial for six months, and drops the charges entirely if he's a good boy through September. We compare his treatment to that of Crystal Mason, an African-American mother of three in Texas, who, unlike the Kansas Congressman, had no idea she was violating the law when she cast a provisional ballot that was never counted in the 2016 election. She received a sentence of five years in prison for her "crime".
  • Finally, we're joined by Desi Doyen for our latest Green News Report, as climate change has resulted in the weakest Gulf Stream in about 1,000 years; carbon emissions are rising again as COVID restrictions are loosened; Joe Biden raises U.S. targets under the Paris Climate Agreement; and another major carmaker announces plans to stop selling all gas burning, internal combustion engine vehicles in their line in very very short order...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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