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Latest Featured Reports | Thursday, January 27, 2022
Breyer Stepping Down from SCOTUS; Progressives Stepping Up to Run for Local Office: 'BradCast' 1/26/22
Guest: Run for Something's Amanda Litman; Also: Eastman loses suit to hide 1/6 emails...
Lots of Marginally Good News (But We Take What We Get): 'BradCast' 1/25/22
Drop Box voting restored in WI (for now); Great redistricting news in AL (unless appealed); 'Calming down' in Ukraine; Bad news for Alex Jones and John Eastman; More!...
'Green News Report' 1/25/22
  w/ Brad & Desi
OUR 1,200th EPISODE! Chemical pollution and the global ecosystem; Russia/Ukraine tensions to roil energy prices; PLUS: Intel's new $20B OH manufacturing hub...
Previous GNRs: 1/20/22 - 1/13/22 - Archives...
'So False it's Unbelievable': Plaintiff in Lawsuit Cited by Trump 'Order' to Seize Vote Systems: 'BradCast' 1/24/22
Guest: Marilyn Marks of CGG; Also: Ukraine tensions; SCOTUS takes up affirmative action...
Sunday 'Team Player' Toons
Join the party! With PDiddie's latest collection of the week's best political toons!...
Draft Trump Order to Seize 2020 Vote Systems Misrepped Longstanding GA Lawsuit: 'BradCast' 1/21/22
Also: Harold Meyerson on building back BBB; Shell's billion dollar 'carbon capture' scam...
Trump Crime Family's Very Bad Week Gets Much MUCH Worse: 'BradCast' 1/20/22
Also: In vote of historic shame, Manchin and Sinema join Senate Republicans to undermine voting rights and American democracy...
'Green News Report' 1/20/22
  w/ Brad & Desi
Breaking up Build Back Better?; Tonga devastated by volcano, tsunami; Extreme heat records in Southern Hemisphere; PLUS: Exxon pretends to care about the climate...
Previous GNRs: 1/13/22 - 1/11/22 - Archives...
On the Media, One Year In
and One Year Out: 'BradCast' 1/19/22
Guest: Eric Boehlert of Press Run; Also: SCOTUS okays release of Trump Jan. 6 records; NY A.G. details 'fraud' by Trump family; Fox Nation gets an hilarious 'hard no'...
GOP Gerrymanders 'Not So Bad' for Dems This Year? Think Again, Argues Expert: 'BradCast' 1/18/20
Guest: Brennan Center's Michael Li: Also: No fraud found in AZ; TX rejecting VBM requests...
Sunday 'National Treasure' Toons
Be sure to steal a moment for PDiddie's latest collection of the week's best toons...
DOJ 'Turning the Screws' on Path to Trump with Oath Keepers Sedition Charges: 'BradCast' 1/14/22
Guest: Marcy Wheeler; Also: WI judge bans drop boxes; OH Supremes nix GOP maps...
'Green News Report' 1/13/22
Offshore wind on NY, NJ horizons; 2021 oceans warmest ever recorded; Extreme weather spikes food, commodity prices; PLUS: EPA cracks down on toxic coal ash ponds...
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...


Guest: UC-Berkeley's Philip B. Stark, post-election audit expert; Also: Another young GOP anti-vaxxer dies in SoCal; 2021 ends and 2022 begins with another round of deadly, climate change-fueled extreme weather...
By Brad Friedman on 1/4/2022 6:16pm PT  

On today's BradCast: Last September, Donald Trump demanded an "audit" of the 2020 Presidential election in Texas, where he was certified to have won by about 550,000 votes, the narrowest victory for a Republican nominee in the Lone Star State in decades. Hours after he demanded it, his lapdog, Republican Governor Greg Abbott, made it happen. Despite the state's top election administrator previously describing the 2020 election as "safe and secure", state taxpayers are now quietly paying for another review of results in the so-called "conservative" state. Four of its largest counties are being reviewed. Three of them went to Joe Biden in 2020. A report from the first phase of the so-called 'forensic audit' was released last week, when as few people as possible might notice: At the end of the day on Friday...New Years Eve. [Audio link to full show is posted below this summary.]

But before we get there today, a quick update on the quickly intensifying Omicron surge of the coronavirus, as more than 100,000 Americans were hospitalized as of Monday, the highest number since the late summer Delta surge. President Biden once again urged Americans to get their shots. In White House remarks he said the public should "be concerned about Omicron, but don't be alarmed," before adding, "but if you're unvaccinated, you have some reason to be alarmed."

It's unknown if the Republican anti-vaxxer community in Orange County, CA will be moved by the President's comments. Perhaps the death this week of their well known 46-year old Deputy District Attorney, Kelly Ernby, a longtime GOP anti-vaccine activist and failed political candidate, will get their attention. We share her tragic, if predictable, story today, just weeks after the prosecutor's last Southern California rally in December in favor of "freedom" in opposition to vaccine mandates.

Then we're joined by PHILIP B. STARK, longtime Professor of Statistics at UC-Berkeley and the inventor of the post-election Risk Limiting Audit (RLA) protocol, to discuss the very quietly released "Phase 1 Progress Report" [PDF] of what Texas is describing as a "Full Forensic Audit of November 2020 General Election". The phrase "forensic audit", as Stark notes, doesn't actually have any accepted definition or specific meaning. But, we also discuss much more about the newly found "forensic audit" fever among Republicans who have spent years blocking Democratic measures in Congress to institute legitimate post-election audits in all 50 states after every election.

You'll not be surprised to learn that the Lone Star State's review, at least so far, appears to have turned up pretty much nothing unusual at all. Their hand-count of ballots (not of results, apparently, but simply of the number of ballots) in a number of precincts in each of four different large counties (Dallas, Harris, Tarrant and Collin) appears to have largely confirmed the original certified totals in those precincts. We discuss the not-much-to-see-here details that add to the continuing pattern of Republicans finding no evidence at all that the 2020 election was stolen, as Trump continues to falsely complain to this day.

But there is a much larger picture to discuss. The implementation of secret, computerized tallying of ballots over the past two decades has made election results virtually impossible for the public to oversee. That has helped open the door to crackpot claims like those from the loser former President that our elections are littered with fraud and false tallies. Stark explains how the lack of legitimate post-election audits, safeguards, transparency and "evidence-based elections" has led the nation to this moment when American democracy itself is now under very serious threat.

"The end goal is to conduct elections in such a way that we have strong evidence that the reported winners actually won," Stark explains. "In order to do that, you need to start by running your election well. You will have the documents, processes, the security protocols, etc., in place that allow you to do a meaningful audit that can tie a bow around the election, and say, yes, whatever might have gone wrong with the election didn't change the reported outcome."

"The problem," he continues, "is if you go into an election that wasn't run especially well, and then afterwards try to do something based on the records that you do have. You're never going to be able to present affirmative records that the reported winners really did win. They won't give you evidence for or against the outcome being right."

And then, the conversation turns much darker.

"I don't want to be alarmist, but I think we have a very short period of time in which to make our election processes far more publicly transparent and visible, and have much more public participation," Stark warns. "If we haven't implemented evidence-based elections by the 2024 Presidential election we are very likely to see serious civil unrest in the aftermath. We have to make it a top priority to conduct our elections in a way that they produce real evidence of who won, not just 'trust me, I did it right,' or 'trust the vendor who sold me the [voting and tabulation] equipment' or 'trust the people who configured it for me,' or 'trust this or trust that,' but actually 'show me!' We really need to have 'show me,' not 'trust me' elections."

As much as we strive to avoid false "both sidesism" on this program --- and even though some Dems in Congress have tried for years to adopt federal legislation mandating real post-election audits, only to be stymied by Republicans every time --- this really is a bipartisan problem. "After the 2016 election, the Republicans didn't want to look. After the 2020 election, the Democrats don't want to look. If you like the answer, you don't want to look too hard. I think that's a terrible mistake. It allows uncertainty to be weaponized, which is what we've seen in the aftermath of the 2020 election," Stark cautions.

He continues: "The fact that a system is vulnerable does not mean that it was exploited. But we ought to build our systems or run our systems in a way that if a vulnerability was exploited, we can catch it and correct the outcome before it becomes final. And we know how to do that. It is a solved problem. It is not rocket science. It does involve a lot of shoe leather. And it involves not trusting computers on the whole. It requires public transparency."

But if that is not going to happen at the federal level (thanks in no small part to Democratic Senators Manchin and Sinema, who are joining Republicans to block passage of audit mandates in the Freedom to Vote Act), it can certainly happen at the state level, where very few, if any, states currently carry out audits that are robust and transparent enough to earn full voter confidence. "I hope that some state legislatures rise to the occasion and decide to do evidence-based elections in time for at least 2024, if not the midterms," Stark tells me.

Finally, Desi Doyen joins us for our first Green News Report of the new year, with deadly climate change-fueled extreme weather already wreaking havoc across both the nation and the world as 2022 begins...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/4/2022 11:12am PT  

IN TODAY'S RADIO REPORT: Colorado's Marshall Fire now the most destructive wildfire in state history; 2022 kicks off with record-breaking extreme weather in the U.S. and around the world; PLUS: Southern California beaches closed after heavy rains trigger massive sewage spill... All that and more in today's Green News Report!

GNR's now celebrating 12 YEARS of independent green news, politics, analysis, snarky comment and connecting climate change dots over your public airwaves!
PLEASE CLICK HERE TO HELP US CELEBRATE WITH A DONATION!

Click here to listen or download MP3 (6 mins)...

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

IN 'GREEN NEWS EXTRA' (see links below): The reddest U.S. states face the deepest climate danger; Jackpile Mine toxic legacy continues at Laguna Pueblo; Hawaii upholds order requiring US Navy to drain fuel tanks; Changing climate parches Afghanistan, exacerbating poverty; Chile rewrites constitution, confronting climate change head on; Solar power projects see the light on former Appalachian coal land; Germany shuts down half of its remaining coal plants... PLUS: A WA State tree has stood for 500 years. Will it be sold for $17,500?... and much, MUCH more! ...

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




New Trump subpoenas; Climate change devastation in CO; Twitter ban for MTG; Hope for accountability as 'Every Day is Jan. 6 Now'; Plus: Callers!...
By Brad Friedman on 1/3/2022 6:33pm PT  

Well, we're back! That may or may not be good news depending on who you are and how you choose to look at it. Either way, we're getting our sea legs back on today's BradCast after a week off between the holidays (thanks, Nicole Sandler for covering for us for much of that time!), but it looks like the new year may not be much different than the old one. At least not necessarily better. At least not immediately. Nonetheless, we remain hopeful since it beats the alternative. [Audio link to full show is posted below this summary.]

Among the stories and news both good and bad on today's program...

  • A document unsealed by the New York Supreme Court on Monday confirms that not only was Donald Trump subpoenaed for testimony and documents last month by state Attorney General Letitia James, so were his son and daughter Don Jr. and Ivanka. (Eric had already been subpoenaed and forced to give testimony in late 2020.) James is running a civil investigation into years of alleged bank and tax fraud by Trump and his Trump Organization. The District Attorney's office in Manhattan is also probing similar matters in a criminal investigation that James is partnering with, so there's a lot on the line and all of the Trumps, naturally, will try to quash and/or evade their lawful subpoenas. Like Eric, they will likely fail. The Manhattan DA is now Alvin Bragg as of this past weekend. He replaced the previous DA over the weekend, after Cyrus Vance, Jr. decided not to run for reelection last year. Vance's --- now Bragg's --- office has already brought criminal fraud charges against the Trump Organization and its Chief Financial Officer, Allen Weisselberg, for running a tax-avoidance scheme that paid executives benefits that remained off the books and untaxed.
  • In less bright news to start the year (and end the last one), Colorado officials now say that nearly 1,000 homes and other structures were destroyed and hundreds more damaged during a massive December wildfire among hurricane-force wind gusts last Thursday in the now well-populated suburbs between Denver and Boulder. Desi Doyen joins us to explain the climate change-related conditions --- unusual warmth, extreme drought, historic lack of snow and rain --- that made the fire so damaging.
  • The news got a bit brighter --- again, depending on how you look at it --- after Twitter permanently suspended Rep. Marjorie Taylor Greene (R-GA)'s personal account over the weekend. The far rightwinger has long used the social media service to spread lies, fraud and nonsense and, in this case, violated the company's COVID-19 misinformation policy for a fifth time. Her fifth and final strike was a tweet falsely citing "extremely high amounts of Covid vaccine deaths", citing the CDC's self-reported VAERS (Vaccine Adverse Event Reporting Systems) database frequently and misleading cited by anti-vaxxers. Anyone is able to (and frequently does) add records to the public-facing database falsely claiming injuries or deaths related to COVID vaccines. Greene's Congressional Twitter account has not (yet) been banned, and we discuss the pros and cons of giant social media companies being able to permanently suspend users like the Congresswoman or even the former President, as they did last year. (And, yes, I have some experience in facing down Twitter, even when they inaccurately block the posting of accurate and independently verifiable reporting.)
  • But with all that is going on, none is more important than saving our faltering democracy from those on the Right in the MAGA Mob who are scheming to completely undermine it. On New Year's Day, the New York Times' Editorial Board published a must-read editorial headlined "Every Day is Jan. 6 Now". They are absolutely right. "In short," they argue, "the Republic faces an existential threat from a movement that is openly contemptuous of democracy and has shown that it is willing to use violence to achieve its ends." They conclude...

    Whatever happens in Washington, in the months and years to come, Americans of all stripes who value their self-government must mobilize at every level — not simply once every four years but today and tomorrow and the next day — to win elections and help protect the basic functions of democracy. If people who believe in conspiracy theories can win, so can those who live in the reality-based world.

    Above all, we should stop underestimating the threat facing the country. Countless times over the past six years, up to and including the events of Jan. 6, Mr. Trump and his allies openly projected their intent to do something outrageous or illegal or destructive. Every time, the common response was that they weren’t serious or that they would never succeed. How many times will we have to be proved wrong before we take it seriously? The sooner we do, the sooner we might hope to salvage a democracy that is in grave danger.

  • The Times' warning is on the money. New polling from ABC-Ipsos finds that not nearly enough Americans understand the very real threat posed to American democracy by Donald Trump's attempt to steal the 2020 election through violence at the U.S. Capitol last year on January 6, nor the GOP efforts to make such an attempted theft all but impossible to prevent in 2024. On a related note, a new Morning Consult survey finds the Republican Party has paid no price among GOP voters --- and even all voters --- for either the Jan. 6 attack or the party's subsequent efforts to pass new voter suppression laws that also allow partisan officials to overturn legitimate election results for purely partisan reasons.
  • But on that matter too, there is hope as the new year begins. Members of the bipartisan U.S. House Select Committee investigating the Jan. 6 attack are united in their efforts to expose what happened, who is responsible for it, and any laws they feel may have been broken in the bargain. Over the weekend, Committee Vice-Chair Liz Cheney (R-WY) detailed the panel's ongoing plans to hold public hearings in the new year to help detail all of the above, as based on more than 300 witness interviews and some 35,000 pages of documents, texts, emails, etc. Cheney explained on ABC's This Week program on Sunday that then President Trump watched the entire attack unfold on television from the dining room just off the Oval Office while ignoring threats from GOP House minority leader Kevin McCarthy and from his own daughter Ivanka to take action to take action to quell the insurrection that he incited. She even went as far as to say that Trump is "clearly unfit for future office" and "clearly can never be anywhere near the Oval Office ever again." She even went as far as to say she agrees with Hilary Clinton that if Trump runs and wins next time, "that could be the end of our democracy."
  • There was much more today, of course, but that gives you an idea of where we are as the new year begins. And callers also rang in throughout today's program with their own thoughts on all of the above and here is that must-listen interview I mentioned from Nicole Sandler last week with investigative journalist Marcy Wheeler of Emptywheel, offering her very well-documented argument that no one should yet give up hope for accountability for Trump from the DoJ and Attorney General Merrick Garland (which we hope to discuss in more detail in the days ahead)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Heather Digby Parton of Salon and Hullabaloo; Also: Here we go again! Another QAnon GOP election clerk steals another voting system!...
By Brad Friedman on 10/29/2021 6:16pm PT  

Rogue Republicans and rogue Democrats on today's BradCast. [Audio link to full show is posted below this summary.]

First up, the rogue --- and really dumb --- Republican in Michigan's Adams Township. The Township Clerk there, Stephanie Scott, was elected last November and is certain that the election must have been fraudulent, even though she won and Trump was certified as defeating Joe Biden in the County by 48 points. (That's more than Trump won by in 2016!) Scott was a QAnon loon before the 2020 election and even more so since then. This week, she was removed by the State Elections Bureau from her job and replaced, for now, by the Republican County Clerk in Hillsdale County (home of Adams Township), who discovered on Tuesday that the Township's tabulation computer, the "brains" of the whole system, is now missing in advance of next week's local elections.

Michigan State Police are said to have launched a criminal investigation, and Scott seems to admit to a Michigan news outlet that she stole it, claiming that the vendor, Hart Intercivic, was coming in to perform routine maintenance that was actually a secret scheme to delete all of the evidence of fraud on behalf Joe Biden in the 2020 election. Or something. The Township votes on hand-marked paper ballots. So if the new Clerk had any actual concerns about whether the computer accurately tabulated results last year, she might have tried hand-counting those paper ballots to find out. The population of the entire Township is only about 2,500 people. But apparently Scott is not particularly bright, despite all of her QAnon "research".

We unpack the entire insane incident, which echoes one from a few months back, where the Republican County Clerk in Mesa County, Colorado also had to be replaced by the Sec. of State after she brought two people with her into the secure area where voting systems are stored in the middle of the night, turned off the security cameras, made full, unlawful copies of the hard drives of the Dominion Voting System's Election Management software and then released it to the Internet during MyPillow CEO and failed conspiracy theorist Mike Lindell's so-called "cyber symposium" in South Dakota. The unlawful release wreaked havoc and a call for "emergency action" before California 's Gubernatorial Recall election just weeks later. The Mesa County Clerk is also facing a criminal investigation because, ya know, they're all "law and order conservatives" who think it's just fine to steal voting systems and software when they feel like it.

Of course, there are very real concerns about vulnerabilities in such voting systems, though zero known evidence to date that any of them were used to steal any election last year. But these lamebrains don't seem to have a clue what the vulnerabilities actually are or what to legally do about them, even though many of us real Election Integrity advocates have been showing them how to do exactly that for nearly 20 years.

As to the Democratic rogues in our stories today, we're joined again by the great HEATHER DIGBY PARTON of Salon and Hulaballoo to talk about Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) and if their real game is actually to undermine the entire Biden agenda by weakening, stalling and then ultimately just killing the Build Back Better bill.

The pair have already succeeded in gutting a number of the most popular key provisions of the bill favored by progressive and centrist Dems alike, and even by Republican voters (if not members of Congress). Though there are a boatload of critical, long-overdue and progressive programs still left in what the White House described as the bill's new "framework" [PDF] on Thursday. But do Manchin and Sinema intend to let even that much go through to full passage? Or are they playing a different game entirely? We discuss it all with Digby today.

We also discuss the painfully disinformed, so-called "progressives" out in the Twittersphere and beyond who are actually either gullible enough or disinformed enough to believe that Biden and Pelosi and Progressive Caucus Chair Pramila Jayapal --- not to mentioned Bernie Sanders and Alexandria Ocasio-Cortez(!) --- have all been coopted by "corporatists" (or something) to undermine Biden's own agenda and the bill that the entire Democratic caucus, save for Manchin and Sinema, would have approved months ago when it was twice the size in dollars.

The corporate media also come in for criticism again today, for their failure to accurately inform the American people of the wildly popular provisions that were and still are in the still-transformative Biden agenda (even as Democrats themselves share some of that blame). Instead, the media have turned the negotiations over Build Back Better into a misleading game of (paid for) spending numbers and a "showdown" between "progressives" and "centrists". In fact, it's always been a no-choice effort by Congressional and White House Dems to win the must-have votes of Manchin and Sinema --- ("The Diva Twins" as Parton calls them) --- who have opposed many of the bill's most popular programs in a 50/50 Senate.

Lots to discuss here with Parton today, as usual. Please tune in!...

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, Stitcher, TuneIn or our native RSS feed!
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SCOTUS may soon overturn Roe v. Wade, but, until then, an injunction would restore long-established legal precedent in the Lone Star State...
[UPDATED 10/6/21: Judge grants preliminary injunction; temporarily enjoins state ban] [UPDATED 10/8/21: 5th Circuit grants temporary administrative stay][UPDATED 10/15/21: DOJ will ask Supreme Court to lift 5th Circuit stay]
By Ernest A. Canning on 9/29/2021 10:05am PT  

On Friday, U.S. District Court Judge Robert L. Pitman is scheduled to hear oral arguments on Texas' new anti-abortion law, S.B. 8 in the federal government's Emergency Motion for a Temporary Restraining Order or Preliminary Injunction [PDF]. He is likely to rule in favor of the federal government.

If granted, the ruling by Judge Pitman, an Obama appointee, would temporarily prevent enforcement of the new Texas statute banning pre-viability abortions performed on or after 6 weeks of pregnancy, before many women even know they are pregnant. That preliminary injunction would, for now, restore the status quo ante --- the state of the law in Texas prior to Sept. 1, 2021, when S.B. 8 first went into effect.

Unless overturned on appeal, the preliminary injunction would then remain in effect pending a final decision on the legal issues raised by the U.S. Department of Justice (DOJ) in the federal Complaint it filed in United States v. Texas.

The issuance of a temporary injunction by Judge Pitman would not be inconsistent with the U.S. Supreme Court's recent 5-4 rejection of a private medical provider's similar request for an injunction in Whole Woman's Health v. Jackson, the initial federal challenge to the Lone Star State's new law.

As the DOJ argues in its filing, no one, not even Texas, contends that S.B. 8's pre-viability abortion ban --- one that also contains no exception for unwanted pregnancies due to rape or incest --- is Constitutional under existing federal law. To the contrary, even in the first case, Whole Women's Health, the right-wing Supreme Court majority conceded the medical provider plaintiff "raised serious questions regarding the constitutionality of the Texas law at issue".

The core problem which prevented the issuance of an injunction in the initial case arose from "uncertainties" both as to federal court jurisdiction and whether any of the named defendants in that case could lawfully be the subject of a federal court injunction.

Those "uncertainties" arose because S.B. 8 was specifically designed to prevent challenges to its constitutionality in federal courts. The statute was crafted to prevent the Executive Branch of state government from enforcing the 6-week abortion ban. Instead, according to the DOJ's Complaint, S.B. 8 "deputized ordinary citizens to serve as bounty hunters who are statutorily authorized to recover $10,000 per claim from individuals who facilitate a woman's exercise of her constitutional rights."

In Whole Woman's Health, a legal concept known as State sovereign immunity prevented the plaintiff from naming Texas as a defendant. Because the statute prevents enforcement of the Act by members of the state's Executive Branch, the private medical provider was unable to seek an injunction against anyone working for that branch of the Lone Star State. There's legal uncertainty as to whether the State court judge, who was a named defendant in the case, could be enjoined by a federal court. The only potential private "bounty hunter" named in the medical provider's complaint filed an affidavit with the U.S. Supreme Court, asserting he had no present intent to file an S.B. 8 enforcement lawsuit.

The Supreme Court's "shadow docket" majority decision held that those "uncertainties" warranted a denial of the private medical provider's request for injunctive relief in Whole Women's Health. However, that same majority expressly noted their decision "in no way limits other procedurally proper challenges to the Texas law."

Texas cannot assert sovereign immunity when it is directly sued by the federal government in a case that alleges a State enactment violates the sovereignty of the United States. Thus, the DOJ's case, United States v. Texas, is a "procedurally proper" challenge...

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




Open letter to CA's Sec. of State calls for 'urgent mitigating action' with an immediate mandate for statewide post-election Risk-Limiting Audits...
By Brad Friedman on 9/2/2021 11:35pm PT  

Eight of the nation's top cybersecurity and voting systems experts warned in a letter sent to California's Secretary of State on Thursday night that "emergency action is warranted" in response to a recent leak of key voting system software used in nearly 60% of state jurisdictions amid CA's ongoing Gubernatorial recall election.

The bluntly --- and urgently --- worded, 3-page letter [PDF] from the longtime experts in this field to CA Sec. of State Dr. Shirley Weber calls for a specific type of public, post-election audit as the "one critical action" that should be announced immediately, in response to software recently stolen from Mesa County, Colorado and Antrim County, Michigan. The software in question, Dominion Voting's Election Management System (EMS), was released over the Internet for broad download during a so-called "Cyber Symposium" run by Trump supporter, conspiracy theorist and pillow impresario, Mike Lindell three weeks ago. The EMS software, used in both CO and MI and many other states, including CA, is used to manage virtually every aspect of elections, from ballot creation to tabulation. Forty of California's 58 counties, according to AP's coverage of this matter tonight, use a version of the Dominion EMS that, according to the experts' letter, while "not identical" is virtually the same with only "relatively minor" differences.

"The release materially elevates threats to the trustworthiness of the ongoing California recall election and to public trust in the election," the experts inform Weber, as they urge her to, in advance of the election, mandate a robust statewide post-election audit in each county in the state.

The computer scientists explain that "a statewide risk-limiting audit (RLA) of trustworthy paper ballots...can substantially mitigate these threats," as posed by the recent breach. They define "trustworthy" as hand-marked paper ballots with a secure chain of custody, and advise that Weber mandate RLA's to both to ensure accuracy of computer-tallied results of those ballots and to offer confidence to the public in the results, no matter the outcome of the September 14th GOP recall targeting Democratic Governor Gavin Newsom.

One of the letter's signatories, Prof. Philip B. Stark of UC-Berkeley, is the inventor of the well-regarded RLA protocol. It consists of a manual, public tally of a certain percentage of ballots as devised by the protocol to gain scientific certainty in the computer-tallied results. Stark recently discussed the alarming new security breach on The BradCast, comparing this release of proprietary election software into the wild as akin to having a life-sized, identical version of a bank and its vault with which to practice breaking into it...

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




Also: Unhappy updates on COVID hospitalized RW radio hosts and other anti-vaxxers; FBI joins CO voting software theft probe, as Mike Lindell harbors Mesa County Clerk in 'safe house'; And, hey, AP...are you okay?...
By Brad Friedman on 8/19/2021 6:36pm PT  

We've got quite a few updates on a number of stories we've been covering of late on The BradCast. Some of them not necessarily happy and others quite astounding. As well as some mainstream media failure, and other news from this seemingly endless Summer. [Audio link to full show is posted below this summary.]

Among the stories covered on today program...

  • Even as infections, hospitalizations and deaths continue to soar in their states, more politically ambitious Trumpy Rightwing Governors are leading their constituents on a death march by banning mask mandates by small local governments and school districts. Happily, a number of the school districts are putting the health and safety of their children above the authoritarian edicts of their Governors, as well as over the deadly demands of too many brainwashed, disinformed parents fighting to endanger their own children and themselves.
  • We've got updates today on several stories we've covered in recent weeks, including the anti-vax parents of four children in Texas, who both changed their minds about vaccinations just before they were intubated several weeks ago. Also, updates on some of the Rightwing anti-vax radio hosts who have either recently died or are now hospitalized in grave condition from COVID. Also, yet another far-right radio host --- this one a Christian broadcaster who derided COVID vaccines as "government control" on his daily "Prophecy Today" program --- has now died from...you guessed it.
  • A disturbed far-right Trumper from North Carolina brought Capitol Hill to a standstill today --- requiring evacuations from the U.S. Capitol to the U.S. Supreme Court --- after pulling his license plate-free pickup truck onto the sidewalk in front of the Library of Congress and threatening to detonate a bomb. During the 5-hour standoff with police, which thankfully ended peacefully, media outlets reviewed the man's Facebook Live-streamed rants and other videos. He reportedly railed against Joe Biden, "Nancy", "antifa" and the Democrats, demanding they all resign en masse; declared "the revolution is here" and that he is the "last generation" of those willing to stand up for America. He said that Trump will be reinstated and posted video from his participation at "Stop the Steal" and "Million MAGA March" rallies. So, how did Associated Press, at least for a time today (via the Internet Archives), lead their description of the man's politics? By claiming that in one of his videos he "said he loved the president, Democrat Joe Biden." --- Really, AP?
  • We've also got a few quick updates today on the Trump-loving Mesa County, Colorado County Clerk, Tina Peters, who, as we have been reporting in some detail over the past week, allegedly entered a secure area of the County's Election Division in the middle of the night with two accomplices last May, turned off the security cameras, and allowed two hard drives containing Dominion Voting's Election Management System (EMS) software to be copied in full. During one of her several appearances on stage last week at MyPillow CEO Mike Lindell's failed three-day "Cyber Symposium" where he didn't reveal the promised "proof" that China stole the election for Joe Biden, the extremely sensitive contents of those hard drives were released into the Internet wilds for download by thousands. That, in the middle of California's critical Gubernatorial Recall election, where some 60% of the state will rely on that same, proprietary Dominion EMS software. Peters claimed during Lindell's forum that she was being "persecuted" by CO's Democratic Sec. of State Jenna Griswold because she's a "conservative Republican". Griswold has now removed Peters from her role, as Mesa's now-former chief election official is facing a criminal probe by the County's conservative Republican District Attorney. This week, the FBI joined that investigation, as federal crimes may have been violated in the theft and release of that software. And today, VICE reports, Peters is on the lam, being sheltered in a "safe house" somewhere by the MyPillow guy (who already faces a $1.3 billion lawsuit [PDF] from Dominion himself.) Will the "persecution" never end?
  • Finally, Desi Doyen joins us for our latest Green News Report, with grim news of deadly climate change-fueled extreme weather from Haiti to both coasts of the U.S. to much of Europe; and some happier news this week from the Biden Administration...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: UC-Berkeley's Philip Stark; Also: Deadly edicts by FL, TX Guvs and Recall candidate circus in CA underscore importance of defeating GOP attempt to unseat Newsom amid pandemic, climate crisis...
By Brad Friedman on 8/18/2021 6:56pm PT  

California Republicans know they can't win normal statewide elections. Hence, the attempted Recall election of progressive Democratic Gov. Gavin Newsom amid several crises that the GOP candidates hoping to replace him will make considerably worse. But now, voting system and cybersecurity experts tell The BradCast there is reason to be very concerned about the voting and tabulation systems used in some 60 percent of the state, following the recent theft and release on the Internet of Election Management System software, allegedly by a far-right County Clerk in Colorado during the MyPillow CEO's so-called "Cyber Symposium" last week in South Dakota. One of those experts joins us to explain the concerns, and what can be done about it, today. [Audio link to full show is posted at end of this summary.]

But, first up, the circus of some 46 candidates on the ballot hoping to become Governor of the nation's most populous state, if Newsom is removed by the first question on the Recall ballot, serves as a reminder that this special election, while seemingly ridiculous, is also potentially deadly for residents of the Golden State. Nonetheless, recent polling suggests that it is currently a dead heat as to whether Newsom will be removed and then replaced by someone likely to get little more than 20% of the vote on the ballot's second question about who should take his place.

In the middle of a debate between several GOP "front-runners" on Tuesday in Sacramento, one of the candidates, multi-millionaire John Cox (the guy who actually campaigns with a grizzly bear), got served in a Court process as he was introducing himself, as "ordered" by a San Diego Superior Court Judge finding that he owes about $100,000 to a contractor the Republican businessman failed to pay during his failed run against Newsom in 2018.

While neither of the top Republican or Democratic candidates on question two of the ballot were at the debate (Trump-loving, climate change denying, woman-hating Rightwing radio talk-show host Larry Elder and Democratic real-estate millionaire Kevin Paffrath), both of them oppose Newsom's mask and vaccination mandates. The BRAD BLOG's Ernie Canning, in a "Progressive's Guide to the California Recall" published today, explains why CA voters must vote "NO" on the Recall's first question, before he goes on to explain who he believes progressives should support on question two.

Sky-rocketing rates of infections, hospitalizations and deaths under GOP Governors like Florida's Ron DeSantis and Texas' Greg Abbott (who tested positive himself on Tuesday), should serve as another reminder of the importance of both elections and having Governors who do not place political ambition over science. Despite pleas to the contrary from health officials, both DeSantis and Abbott have issued edicts blocking local governments and school districts from instituting mask mandates, even as hospitals in both states are reaching or exceeding capacity, and children under 12 (unlike Abbott and DeSantis) are ineligible to become vaccinated. (Fortunately, President Biden reiterated today that the federal government will cover the salaries of school officials who chose to protect children, even if their paychecks are cut by the TX and FL Governors. And one school district in TX has come up with a very clever way of trying to get around Abbott's ban on mask mandates.)

Meanwhile, thanks to Newsom's various statewide mask and vaccine mandates here in California, infection, and death rates are all now coming back down once again.

Of course, facts such as these mean little to those pushing for the removal of Newsom, and many on the right have demonstrated of late that there is little they won't do in order to "win" an election. Thus, the theft and release of important voting system software by a far-right County Clerk in Mesa County, Colorado last week during Mike Lindell's "cyber symposium" (at which he didn't release the promised "absolute proof" that China stole the 2020 election from Trump), has a number of actual cybersecurity and voting system experts very concerned today.

We've been covering this story in detail over the past week, as both the national media and California media haven't covered it at all. But they should. Colorado media finally jumped in, a bit, this week after their Sec. of State on Monday announced that Mesa County Clerk Tina Peters --- who appeared on stage several times at Lindell's forum last week --- was behind the theft and copying of two hard drives at the Mesa County Election Division containing Dominion Voting's Election Management System (EMS) software.

Democratic CO Sec. of State Jenna Griswold's office, in a news release Monday night, explained how Peters pulled off the heist with two accomplices in the middle of the night back in May, before the software was released into the wild during last week's symposium. Since then, we have reported on this show about the concerns expressed by voting system and cybersecurity experts like Harri Hursti, who warns that the release of the critical software "lowers the barrier for attack planning and therefore increases the likelihood of future attacks." That, just after another top expert in the field, University of Michigan's J. Alex Halderman, filed a 50,000 word report in a long-running federal lawsuit in Georgia, which seeks to ban Dominion's unverifiable touchscreen voting systems. The report, which he says [PDF] details disturbing, newly discovered vulnerabilities in those systems, which reportedly could allow votes to be changed without detection, has now been sealed by the federal judge due to its sensitivity --- even from the plaintiffs and defendants in the case!

Dominion's vulnerable touchscreens are used in several large jurisdictions in California, even as the recall is now ongoing, including San Diego County, San Francisco and Riverside County. Their EMS software --- released to the Internet and downloaded by thousands just last week --- is used to tabulate votes, both hand-marked paper ballots and touchscreen votes, in every county where Dominion's systems are used. The software is used broadly in enough counties here that it could easily effect the computer-tallied results of the Recall election.

Another top expert who is worried about all of this joins us on today's program to explain why, and what can now be done about this serious security breach. University of California-Berkeley Professor PHILIP STARK is an expert witness in the Georgia case, the inventor of the post-election Risk-Limiting Audit protocol, and currently serves on the Board of Advisors of the U.S. Election Assistance Commission.

He joined Hursti this week in telling me that they were both dubious about vague claims from the CO Sec. of State's office that the U.S. Cyber Security and Infrastructure Security Agency (CISA) was not particularly concerned about the leak of the Dominion software.

"It is a serious risk," Stark makes clear today. "The best metaphor I've been able to come up with is, if I were trying to break into a bank, how helpful would it be to have blueprints of the bank and the bank vault? How helpful would it be for me to have an actual exact copy of the bank, completely at my disposal, to try different ways of breaking in and so forth? Not even a scale model, but literally the exact same thing, just in a different place. That's what having a copy of these disks amounts to."

"To the extent that these systems were not that secure in the first place, this doesn't make the systems more vulnerable. But it gives a would-be evil-doer lots of help and information to plan an attack, figure out what's going to work, which then can be conducted later by someone with less technical skill," Stark warns.

He explains that "these Election Management Systems are used, among other things, to configure the ballot marking devices" as well as "results from the precinct-based scanners" and the high-speed centralized scanners used to tabulate Vote-by-Mail ballots. "The release of the EMS code gives someone a blueprint for how to write malware to infect the ballot marking devices, etc., when they're configured using these systems."

We go on to discuss what can and should now be done by California in regards the ongoing Recall election (as well as other jurisdictions, with elections coming up in November, where Dominion systems are used in more than a dozen states) to ensure that results are accurately tabulated and reported, and can be known by the public, after the election, as such. His recommendations include the use of both hand-marked paper ballots and a far more robust post-election audit process than is currently mandated by CA state law.

Moreover, he cites a critical lesson that should be learned from Tina Peters, the Republican County Clerk in Mesa, CO who is alleged to have brought accomplices into the Elections Division in the middle of the night on May 23rd, and turned off the security cameras in order to steal the software and copy it for release into the wild. (She is now under criminal investigation and has been relieved of her duties by CO's Secretary Griswold.) "This is a very clear reminder that insider threats are real," observes Stark. "This is a wake-up call. It is very difficult to mitigate insider threats."

We are still waiting for a response from the CO Sec. of State's office, as to who they spoke with at CISA and what exactly that person said, given that the cybersecurity folks I've spoken with are quite dubious that the nation's top cybersecurity watchdog actually downplayed this voting system breach. Or, if they did, that they fully understood it. Meanwhile, CA's Sec. of State, to my knowledge, has said nothing about any of this publicly. But that may be because neither state nor national media --- other than us --- have bothered to connect the dots between California and these very serious concerns...

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Warnings of global warming in 1912; Warning of war in Afghanistan in 2001; Also: CO SoS confirms hard drives with Dominion software stolen, copied from Mesa County Clerk's office...by the Mesa County Clerk...
By Brad Friedman on 8/17/2021 7:01pm PT  

Ya never know what you may unearth when you peek into the Memory Hole, including a bunch of stuff that should never have been hidden away there in the first place. Also, on today's BradCast, a few noteworthy updates on the Dominion Voting System software stolen from a Colorado County Clerk's office and released into the wilds via the Internet at last week's fraudulent "fraud" forum put on by MyPillow Guy Mike Lindell, and how that serious security breach might effect the ongoing California Recall election. [Audio link to full show is posted at bottom of this summary.]

So, a lot of stuff covered on today's show, including...

  • Texas Gov. Greg Abbott has tested positive for COVID. That, after barring local governments and school districts in the Lone Star State from imposing mask mandates, even for children under 12 who, unlike Abbott, are not lucky enough to be able to get vaccinated.
  • A news clipping from a 1912 New Zealand newspaper, which recently went viral 109 years later, warns about the burning of coal adding "tons of carbon dioxide to the atmosphere". The clipping, confirmed as genuine by both USA Today and Newsweek, warns that "This tends to make the air a more effective blanket for the earth and to raise its temperature." The scientifically prescient story goes on to accurately note that "the effect may be considerable in a few centuries." If only we'd listened in 1912.
  • Similarly, if only we listened to the courageous Rep. Barbara Lee (D-CA) back in 2001, when she was the only member of Congress, Republican or Democratic in either the U.S. House or Senate, to vote against going to war in Afghanistan from the 9/11 attacks. As the Afghanistan conflict unwinds today, amid both chaos and uncertainty, we take a listen to the sage words from Lee on the floor of the House, just three days after the U.S. was attacked 20 years ago next month.
  • As the Taliban returns itself to power in Afghanistan, following 20 years of U.S. occupation and our failed attempt to prop up a democratic, Western-style government, the far-right radical Islamic group which shielded al-Qaeda after 9/11 claims to have become much more moderate in the interim. A Taliban spokesman today told media in Kabul they will respect the rights of women and girls to work and go to school, and will not seek retribution against those who supported the U.S. and its allies or the failed government we tried to create there. But, as we discuss, there is very little reason to trust their new P.R. blitz.
  • We also discuss the hand-wringing D.C. punditry which seems to be falling over itself to declare Joe Biden's Presidency a disaster, after the chaos at the Kabul airport yesterday, following the Taliban takeover of Afghanistan. As Nicole Wallace (yes, we note the irony of her old job as George W. Bush's Comms Director during both the Afghanistan and Iraq wars) noted on MSNBC yesterday, "95% of the American people will agree with everything" Joe Biden said in his remarks on Afghanistan at the White House on Monday, while "95% of the press covering this White House will disagree." She goes on to highlight, as does TPM's Josh Marshall today, how out of sync with the public the D.C. media class is on this point, even after the events of the past few days, as Biden stands by his decision to pull America out of its longest war once and for all.
  • Then, some important new news in the story that, until yesterday, only The BradCast and The BRAD BLOG, by and large, had been reporting on at all. Namely, the theft and copying of hard drives containing Dominion Voting's Election Management System (EMS) software, as now allegedly stolen from the office of Mesa County, Colorado County Clerk Tina Peters. The Dominion EMS is the central control system for creating and counting ballots in jurisdictions which use the company's voting and tabulation systems, including nearly 60% of California counties, where we have an ongoing Gubernatorial Recall election right now, which could be adversely effected by what top cybersecurity and voting system experts have described to me as a very serious security breach.

    After nearly a week of reporting on this story, almost exclusively, following the release of the software during MyPillow CEO Mike Lindell's failed MAGA "Cyber Symposium" in South Dakota last week, where Tina Peters appeared on stage several times, others are now jumping in. That, as CO's Democratic Sec. of State Jenna Griswold finally issued a news release Monday on the apparent theft. Griswold's office cites Peters and two others as having snuck into the Mesa County Election Division office late at night in May to make image copies of two hard drives containing the software. A criminal investigation by the state's Republican Attorney General is now reportedly under way, but Griswold states that Peters has now been removed from her elected post as Clerk, and will be replaced by appointment of the Secretary, after security cameras were also reportedly turned off in the office to hide the alleged crime. The voting and tabulation hardware and software in Mesa will also now all need to be replaced at considerable cost to taxpayers.

    The news release from the SoS office also references a vaguely worded assessment of some sort on this matter, said to be from the U.S. Cyber Security and Infrastructure Security Agency (CISA), a division of the Department of Homeland Security. The release claims that "CISA has confirmed that it does not view this breach as a significant heightening of the election risk landscape at this point."

    But an election official in Colorado and, perhaps more notably, several of the nation's top cybersecurity and voting system experts, including the legendary Harri Hursti and UC Berkley's Philip Stark, have told me they are dubious about the CO SoS' statement on this point and the apparent dismissal of concern by CISA. Hursti notes the lack of named attribution for the DHS/CISA assessment, lack of a direct quote from any official at CISA, and no similar or supporting statement released directly by CISA itself. Moreover, as one CO election official told me, the phrase "at this point" in the reference attributed to CISA is likely doing quite a bit of heavy lifting there.

    We've sought additional comment, clarification and/or attribution for the curious CISA assessment from Griswold's office. We've yet to receive a response. We expect to cover this issue in more detail on our next BradCast, including said response, if received by then. Despite the downplaying of concerns from "CISA" and the CO SoS, we have reason to remain concerned about this breach, amid CA's ongoing Recall election.

  • Finally, Desi Doyen joins us for our latest Green News Report, as a tropical storm compounds Haiti's deadly weekend earthquake disaster; July shatters all-time heat records on Planet Earth; and the federal government declares a water shortage on the Colorado River for the very first time, resulting in serious implications for water supplies to both Arizona and Nevada amid the ongoing mega-drought in Western states...

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Guest: David Roberts of Volts; Also: Update on stolen Dominion software released at Pillow Guy's failed 'Cyber Symposium' as CA Recall begins...
By Brad Friedman on 8/13/2021 6:50pm PT  

Our guest on The BradCast today is virtually begging those on the environmental center and left to come together, to put aside their various (if important) pet projects, in hopes of coming together for two key elements in the blueprint for the Democrats' $3.5 trillion budget reconciliation package. It is, he details, our last, best chance for likely more than a decade to soften the blow of our climate emergency. Do that, he says, then "we can resume fighting like a bag full of cats in a couple of months." [Audio link to full show is posted below this summary.]

But, first up, a quick follow-up from yesterday's BradCast, during which we broke the news that someone at MyPillow CEO Mike Lindell's bat-crap insane three-day "Cyber Symposium" in South Dakota this week to "Stop the Steal," released digital image copies of three hard drives containing Dominion Voting Systems actual Election Management System software, as used in real elections across the country. These copies seem to have come out of the County Clerk's office in Mesa County, Colorado. The elected County Clerk there, Tina Peters, is a hard-right official who appeared at Lindell's "symposium" that promised to reveal (then spectacularly didn't) how China supposedly flipped millions of votes over the Internet in 2020 to steal the election from Donald Trump.

With our confirmation yesterday that the Dominion software is now confirmed to be in the wild, even as the Gubernatorial Recall election is now under way in California (where Dominion's software is used in about 60% of the state), there are very serious concerns about what effect the security breach could have on the Recall election --- not to mention others coming up across the country this November. Marilyn Marks, a regular guest on the show, whose non-partisan election watchdog group, the Coalition for Good Governance, is suing the state of Georgia in federal court to stop them from forcing voters to use Dominion's unverifiable and vulnerable touchscreen voting systems in every polling place, tweeted yesterday about the "looming dark cloud over the Nov. elections," following the exposure of the EMS software. She wonders when and if election officials in the Peach State might pay attention to this breach, not to mention when national media, which seems to be all but asleep at the wheel on this, might cover the story as well.

The founder of Georgia Tech's new School of Cybersecurity, Prof. Richard DeMillo, who joined us on the show earlier this week before the stolen hard drives were leaked, to discuss vulnerabilities recently uncovered by an expert witness [PDF] in Dominion's system in the Georgia case, told me via email today that he is "still processing" the breach. But, he told me, the "news points to the urgency" of unsealing the report by the Coalition's expert witness in the case, at least to other cybsersecurity experts and election officials. "The fact that the Dominion EMS images are now public increases the likelihood that [Dominion] ImageCast voting software [as used on their touchscreen voting machines] was also leaked. The only antidote is to conform to standard industry practice and publish their vulnerabilities so that Dominion and their customers can take public steps to mitigate the risks to election infrastructure."

For the record, a number of large jurisdictions in California use the exact same Dominion touchscreens as are used across Georgia, including San Diego, San Francisco and Riverside. Are state officials here in CA even aware of this latest, serious leak? We will continue to follow the story in the days ahead, and hope that national media --- or even just CA media! --- jump in and try to get some answers from election officials about what this serious concern may mean for ongoing voting in the Recall.

Then, along with the news today from the National Oceanic and Atmospheric Administration (NOAA) that July was declared the hottest month on the planet in recorded history, we're joined by a longtime progressive climate and energy journalist who is trying to help Democrats and climate activists understand the necessity of supporting two key provisions in the Democrats landmark, $3.5 trillion budget reconciliation bill. He described this matter recently as America's "last big shot at climate change policy for a decade or more."

The great DAVID ROBERTS, publisher of the must-read Volts newsletter, joins us today to explain the importance of those two initiatives, the development of a Clean Energy Standard (CES) and clean energy tax credits in the reconciliation bill. The huge measure can be passed with simple majorities in both chambers, as long as all 50 Senators who caucus with Democrats and almost all of the Democrats in the House play along. Those two provisions together, he wrote and explains today, "would revolutionize the US electricity system" and finally give us the chance to reach net-zero emissions from the electric grid in the very few years climate scientists now tell us we must, in order to avoid the worst impacts of climate change.

Never mind other ideas that climate hawks may have for now, such as a carbon tax or cap-and-dividend. They are not part of President Biden's menu of options. It's this "or we will get nothing that will tackle fossil fuels this decade," he warns.

It may sound a bit wonky, but it really isn't. Roberts spells out, in simple terms, what both a clean energy standard and clean energy tax credits mean in the context of the critical goal of decarbonizing our electricity system, even as he has preached that the answer to ending the dangerous burning of fossil fuels is to "electrify everything", from transportation to buildings.

"Right now, roughly a third of our emissions come from electricity. But the whole plan for decarbonization is to move transportation --- which right now runs on gasoline and diesel --- to move that over to electricity. And to move buildings --- right now buildings are heated and cooled largely with fossil fuels, mainly with natural gas --- to move that over to electricity," he says. "So if you move the other two big chunks of emissions onto the electricity grid, then you see that, oh, having a clean electricity grid is the core strategy for decarbonization.  It's not just one sector. This is the sector that is going to clean up all the other sectors. So there's nothing more important for short-term, immediate decarbonization than cleaning up the electrical grid."

Both the Clean Energy Standard and tax credits will serve to move the entire grid to renewables. "Renewables are the cheapest form of clean energy. And the overwhelming effect, as any analyst will tell you, if we pass this policy, is going to be giant surge of renewable energy projects."

There is, of course, much more to this conversation, but the bottom line is that, as Roberts warns, "the stakes are enormous," and with Democratic majorities so narrow right now in both Congressional chambers, virtual any Senator or faction can sink both this bill and the smaller but still critical $1.2 trillion bipartisan infrastructure bill that's paired with it.

"If Democrats fail, they all fail, and they're going to get crushed in 2022," Roberts tells me, as he explains how it may be that a fossil fuel-loving Senator like Joe Manchin from coal state West Virginia, may still find a way to support these efforts which will, necessarily, hasten the demise of fossil fuels.

"So Manchin and [Bernie] Sanders are going to have to find a bill that they can both sign," Roberts argues. "[Kyrsten] Sinema is going to have to find a bill she can sign. I don't think even she wants to be responsible for the whole Democratic agenda going down, including her precious, beloved bipartisan infrastructure bill, because that would go down too. So it all sinks or swims together. It's a unique situation in my lifetime."

If these two bills actually make their way to the President's desk, especially with the two key provisions Roberts is citing as critical to curbing global warming, he says he will "eat crow" from every rooftop in the land, when it comes to his earlier doubts about Joe Biden's centrist, go-along to get-along roots. These measures, if they actually happen, he notes, would easily place Biden into the Democratic pantheon along with folks like FDR and quickly eclipse even Barack Obama's own accomplishments in office.

"Calling your lawmaker matters," Roberts emphasizes, even if you believe they are already on the correct side of this fight. "This is something I hear from Senate offices, from House offices, all the time. The email campaigns? Eh. The letters?  Eh.  But when people take the time to call, it gets collated and marked down, and the Senator hears about it. It matters. They need to hear that there is a public appetite specifically for the climate provisions to get through." Tell them you support a CLEAN ENERGY STANDARD.

"This is crunch time," he warns. "Everybody needs to be talking about it and getting their fellow Democrats fired up. This is the time to fall into formation, to quote Beyoncé, it's time to fall into formation and make this happen. We can resume fighting like a bag full of cats in a couple of months. But, just for a few months, we need to be coordinated and speaking in a single voice. Specifically the Clean Energy Standard. That's the core of it."

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Cybersecurity and voting system expert confirms security breach, software authenticity to BRAD BLOG, as Mike Lindell's event to 'prove' stolen 2020 election, 'reinstate' Trump goes criminally off rails
Also: Rightwing radio hosts hospitalized, dying from COVID; Trump judge allows Dominion's defamation suit against Giuliani, Powell, Lindell to proceed; MUCH MORE...
By Brad Friedman on 8/12/2021 6:51pm PT  

Okay. Now it's not just insane. It could also be criminal, as a leak of actual voting system software at MyPillow CEO Mike Lindell's three-day, so-called "cyber symposium" in South Dakota may have imperiled the security of the Gubernatorial Recall election now under way in California. We've got some exclusive details on today's BradCast. [Audio link to full show is posted below this summary.]

First up, before the details on what appears to have happened at Lindell's bizarre circus show in Sioux Falls, some very quick news, on the Census Bureau's release of 2020 data today and the GOP's plans to use it to gerrymander themselves into a U.S. House majority; U.S. plans to evacuate the embassy in Kabul as the Taliban retakes much of Afghanistan; Support from national teacher's unions to mandate vaccination or testing for the nation's school staff; and Rightwing radio host COVID and vaccine deniers findings themselves dead and/or hospitalized...with COVID.

Then, it's on to the 2020 "stolen election" Crazy Train still unfolding in MAGALand.

On Wednesday, a U.S. District Court judge appointed by Donald Trump, ruled that Dominion Voting Systems' $1.6 billion defamation lawsuits against Trump attorneys Sidney Powell, Rudy Giuliani and, yes, Mike Lindell, may proceed. Judge Carl J. Nichols' 44-page ruling [PDF] denied all parts of the defendants various Motions to Dismiss. Suffice to say it did not go well for them, on any front, leading former crack-addict and current phony stolen-election addict Lindell to declare the ruing "the worst decision a judge has made in the history of this country." (Which someone named Dred Scott would likely dispute.)

But the real madness has been unfolding in South Dakota this week, at Lindell's three-day "Cyber Symposium" that was promised to reveal "absolute proof" that the 2020 election was stolen through a massive, sophisticated cyberattack by China (I think.) Lindell's promised "proof" of the steal was so unimpeachable that it was to result, he's been declaring for weeks, in an immediate 9 to 0 decision by the U.S. Supreme Court to reinstate Trump to the White House this Friday the 13th!

It may not work out that way, however. The far-right newspaper Washington Times published a gob-smacking story on Wednesday, in which a cyber expert hired by Lindell himself to examine and explain the super-secret 37 terabytes of data --- said to have been captured from Internet transfers just days after the November election, revealing that China flipped millions of votes --- told the paper that the data and claims about them were illegitimate.

It's a simply coo-coo for Cocoa Puffs story --- again, from a Rightwing outlet --- detailing how none of Lindell's claims appear to be real, and seem to be sourced to a former Government contractor who was also the source of (false) claims that the Obama Administration wiretapped Trump Tower in 2016. But, as Lindell's own experts explained to the Washington Times, the data doesn't show what it is supposed to show...but that may only be because the source dude supposedly had a stroke the day before the symposium!

Lindell's expert, who says there still could be some evidence of something anyway in the data they did examine, told the paper: "We were handed a turd. And I had to take that turd and turn it into a diamond."

But now the loony toons story takes a potentially much darker turn, albeit a somewhat confusing one. Mother Jones' AJ Vicens does a fine job attempting to make at least some sense of what has happened with this part of the story over the last several days. It seems to involve an election official named Tina Peters, County Clerk of Mesa County, Colorado (who is now apparently being investigated by state law enforcement authorities), a guy named Ron Watkins, widely thought to be "Q" of the infamous Q-Anon MAGA conspiracy world, and potentially a former campaign manager for Rep. Lauren Boebert (R-CO). See Vicens for that part of the story.

The upshot is that duplicate images said to be of stolen hard drives containing actual, proprietary Dominion Voting System software, seemingly from Mesa County, was released at Lindell's Cyber Symposium and is now said to be out in the wild, as it was made available for download to pretty much anybody with the technical know-how to grab it.

This afternoon, we confirmed with legendary Finnish cybersecurity and voting systems expert Harri Hursti, who is at South Dakota conference, apparently serving as an analyst for a news outlet, that the hard drives do, in fact, contain Dominion's Election Management System (EMS) software, though not its source code, as some have reported via Twitter. As Dominion explains on its website, the EMS "Drives the entire election project through a single comprehensive database...From election definition to results reporting." It is, in short, the heart of the entire Dominion election system suite.

"What was shared were 3 different images of installed EMS systems," Hursti told me via email from Sioux Falls. "I can confirm that those were circulated for copying. It [isn't] source code as such, but part of the code is interpreted code, there is human readable and editable things there."

Hursti is well known in the voting system world, where his most notorious "white hat" hack of a Diebold voting system was revealed in HBO's Emmy-nominated 2006 documentary, Hacking Democracy; He was also featured in their 2020 Emmy-nominated Kill Chain: The Cyber War on America's Elections; and, in what may have been Hursti's first American film interview, my own with him in 2010's award-winning Murder, Spies and Voting Lies: The Clint Curtis Story. He also heads up the infamous DefCon Voting Village in Las Vegas each year, and most recently was tapped by the state of New Hampshire to oversee a very thorough, professional and transparent post-election audit to determine why the Diebold optical-scanners in the town of Windham miscounted several hundred votes in a State Representative race last November.

In other words, his credentials here are impeccable. Though what the dangers of the release of Dominion's software into the wild may be is still less than clear. Particularly as it pertains to the September 14th Gubernatorial Recall election now underway here in California. It's something that I am still trying to dig into. Dominion's EMS software is used in a number of large jurisdictions in the state, including San Diego County, San Francisco and Riverside Counties.

Earlier this week, I spoke on The BradCast with cybersecurity and voting system expert Rich DeMillo, founder of Georgia Tech's School of Cybersecurity and Privacy, about serious vulnerability concerns that have recently emerged [PDF] in a long-running federal lawsuit seeking to ban Dominion's touchscreen vote systems across the state of Georgia. How this new security breach may now come into play in either that case, here in California, or in any of the other many jurisdictions which use the same software across the nation, is unclear at the moment. One expert I spoke with this afternoon, however, said it does seem to prove yet again that "security by obscurity" (attempting to keep vulnerable software safe by keeping it a secret) doesn't actually work, especially when it comes to voting systems.

More on this story, I suspect, in the days ahead.

Finally, we close today with Desi Doyen and our latest Green News Report, as Senate Dems move forward with critical climate legislation in their $3.5 trillion reconciliation package, even as deadly, climate change-fueled wildfires, heat waves and floods continue to wreak absolute havoc around the globe this week...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: GA SoS hid study finding voters don't check computer-marked ballots; CO Trump lawyers sanctioned; Abbott calls second 'suppression session' for TX legislature; Ossoff files 'Right to Vote' bill in U.S. Senate...
By Brad Friedman on 8/5/2021 7:04pm PT  

As it turns out, after so many years of warnings on The BradCast and at The BRAD BLOG, the local nightly news in Atlanta tonight sounds just like us, when it comes to concerns about the state's new touchscreen voting systems, and the same type of systems that are now used in at least 20% of the country. Of course, an urgent warning from one of the world's top experts, after examining GA's new electronic voting systems, finding they "suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes" does get ones attention. [Audio link to full show is posted at the end of this summary.]

But, first up, two Donald Trump attorneys in Colorado got sanctioned on Wednesday, bigly, for what the federal judge characterized in a brutal 68-page order, as a "frivolous", "not warranted", "bad faith" filing attempting to overturn the results of the 2020 election. It was summarily tossed last year. The judge called out the two lawyers, Gary D. Fielder and Ernest John Walker, for their complaint which, though it included many "sworn affidavits" claiming the election was rigged, actually included "no firsthand knowledge" of any fraud at all. The duo also made no effort to verify an included claim from Trump himself that Dominion Voting Systems had "deleted 2.7 million Trump votes." Describing their effort as "one enormous conspiracy theory," the judge charged the evidence-free allegations amounted to "the stuff of which violent insurrections are made." He ordered the Trump attorneys to pay the legal fees of all 18 entities named as defendants in their suit. More such serious sanctions are likely coming soon for other Trump attorneys as well, including well-known ones, in other states.

Down in Texas, meanwhile, Gov. Greg Abbott has called a second emergency special session of the state legislature to begin on Saturday, as the current one ends on Friday. The session is largely meant to force through a voter suppression bill that has now been blocked twice by state Democratic lawmakers who walked out to block a quorum that would allow passage of the measure in the GOP-controlled legislature. The state Democrats remain, for now, in D.C., where they are pleading with Congress to pass federal voting rights protections, as they remain out of reach of Texas state troopers who have been ordered by the Governor to arrest them and force them to attend what one lawmaker described as Abbot's "suppression session" in the Statehouse.

As a number of Democratic members of Congress call for their August recess to be cancelled, in order to allow passage of both Biden's landmark infrastructure passage and critical voting rights measures at the federal level, Georgia's Senator John Ossoff on Wednesday filed a federal Right to Vote Act. Currently, unbeknownst to many, there is no U.S. law or Constitutional mandate for such an affirmative right to vote for every eligible citizen. Add Ossoff's new measure (and matching legislation filed by Rep. Mondaire Jones in the House) to the list of measures that urgently need passage in advance of 2022 to counter GOP suppression efforts at the state level. Unfortunately, it's also another measure --- along with the For the People Act and John Lewis Voting Rights Advancement Act --- that will require reform of the filibuster first, since the Republican Party has now become little more than a Rightwing Authoritarian party that would never support an Right to Vote law in Congress.

Speaking of Georgia, there has been several remarkable developments over the past several days in the lawsuit by the Coalition for Good Governance seeking to bar the use of Dominion Voting Systems Ballot Marking Devices (BMDs) for all voters at the polling place. The Coalition's suit, which previously succeeded in winning a ruling in federal court that banned the state's 20-year old Diebold touchscreen systems, hopes to replace Secretary of State's 100% unverifiable new touchscreen systems, made by Dominion, with verified hand-marked paper ballots before elections in the state this Fall.

Last week, Atlanta Journal Constitution reporter Mark Neisse uncovered a secret study carried out by Raffensperger during the 2020 election finding that the vast majority of voters (81%) forced to use the touchscreen Ballot Marking Devices, didn't bother to review the computer-marked printouts before casting them for more than five seconds. A smaller majority (51%) either looked at their ballots for less than one second or not at all (20%) before casting their vote. In all, just 19% of voters, according to the Secretary's own taxpayer-funded study of more than 4,000 voters in 39 precincts last November, reviewed their computer-printed ballots to ensure accuracy for more than 5 seconds!

Remarkably, after AJC's Neisse obtained the study's results via GA's Open Records Act, Raffensperger, in a jaw-dropped Orwellian perversion of reality, claimed: "This research shows voters do indeed review their ballots for accuracy before casting them," before falsely asserting the study was "proof the votes that were counted were for the candidates the voters intended." Of course, if the results were so wonderful, it begs the questions as to why Raffensperger kept the study, and its results, a secret from the public.

Making matters even worse, one of the Coalition's own experts --- world-class voting system authority J. Alex Halderman, Director of the Center for Security and Society at the University of Michigan --- was granted access to the Dominion BMDs used in Georgia (as well as other jurisdictions, such as San Diego County, CA) to examine them for vulnerability to hacking and manipulation as part of the court case.

The results of his findings, the Coalition's Executive Director Marilyn Marks tells me, are so damning that the federal judge has refused to unseal them, even to the plaintiffs who hired Halderman! His report is currently sealed to all but the judge and the attorneys on both sides of the case. Neither the defendant, Raffensperger, or the vendor who manufactures and sells the systems, Dominion, according to Marks, have asked the judge to allow them to review the findings. They do not want to see them, for some reason. (Likely, because both would then be legally required to take action on the damning, 25,000-word report.)

For his part, while his specific findings are sealed right now by the court, Halderman has filed an urgent declaration [PDF] about the report, explaining that his findings must be "urgently" addressed by Raffensperger.

"My testing has shown that the BMDs used in Georgia suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes despite the State's purported defenses," Halderman warns in the public declaration.

"Established practice in the security field would require State Defendants to promptly subject Georgia's voting system to rigorous testing in response to my report, to assess the extent and significance of each of the vulnerabilities I described, and to identify and promptly implement specific measures (where possible) to eliminate or mitigate each of those vulnerabilities." [Emphasis in original.]

The alarming declaration was enough, apparently, to spark the attention of local television media to finally cover the story that we've been warning about for more years than we can now count. We share 11-Alive (WXIA)'s very good coverage of this breaking and disturbing news from Wednesday night.

Finally, Desi Doyen joins us for our latest Green News Report, including news on the record heat wave accelerating in Europe and sparking scores of deadly wildfires; as a tourist town in California is now nearly out of water; and much more disturbing news from the bleeding edge of our worsening global climate emergency...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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NY AG details Cuomo harassment; NYC to require vaccine proof; COVID breaks records, wreaks havoc in South --- unvax'd and influencers to blame; Also: New Trump social-net flooded with ISIS propaganda...
By Brad Friedman on 8/3/2021 6:40pm PT  

It's one of those dark days on The BradCast. But we don't make the news, we just cover it. [Audio link to full show follows this summary.]

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

  • NY Attorney General Letitia James releases a report finding Gov. Andrew Cuomo sexually harassed as many as 11 staffers and retaliated against one of them, in violation of both federal and state law. The third-term Democratic Governor continues to deny the charges compiled over 5 months by the AG and refuses to step down. President Biden joins the chorus of calls for Cuomo's resignation. The NY State legislature announces they will soon conclude their impeachment inquiry.
  • New York City's outgoing Mayor, Bill de Blasio, announces that patrons of indoor leisure venues such as restaurants, gyms and shows will soon be required to show proof of vaccination. It's the first major U.S. city to require vaccination for use of businesses as the deadly and highly transmissible Delta variant of the coronavirus wreaks havoc, even in places like NYC where a higher-than-average percentage of the population has been smart enough to become vaccinated.
  • We continue to share heartbreaking stories of those who waited to too long --- for any number of usually terrible reasons --- to get vaccinated. Today's story features a husband and wife in Texas who didn't trust the vaccine, but now wish they had. They've both been "very, very, very, very sick" in the ICU and on ventilators for weeks. They are now begging relatives to make sure their four children get their shots, as it was too late for both parents to do so.
  • Florida is leading the nation of late in infections, hospitalizations and deaths, breaking their own pandemic records on the first two data points over the past several days. President Biden today noted that the states of FL and TX now account for one-third of all cases in the U.S. and called on their GOP Governors to stop making things worse by blocking local health mandates. But, Louisiana is also breaking its own pandemic hospitalization record, leading Gov. John Bel Edwards (D) to reinstate indoor masking mandates and Dr. Catherine O'Neal, Chief Medical Officer of the state's largest hospital, to issue a dire statement on Monday. She calls these the "darkest days" of the pandemic in her state, and is begging residents to mask up and get vaccinated. ERs in the state, she explains, are now unable to treat non-COVID patients, such as those having heart attacks or suffering from vehicle injuries.
  • Whether the CDC will say it out loud or not, Pulitzer Prize-winning science reporter Laurie Garrett argues that the "science says" a third mRNA shot is going to be needed for all Americans --- and that those over 60 should already be getting them.
  • And, yup, as TPM's Josh Marshall recently argued, citing the damage that mixed-messages from public health officials is causing, including to their own authority, while trying to coddle the voluntarily unvaccinated, "we need more blame": "We need to be placing the burdens on non-vaccination on the unvaccinated. And we need to be clear with the public that the problem is the non-vaccinated. They’re at fault. They’re to blame. And even more, the public influencers, celebrities and political actors who’ve driven resistance to vaccination are to blame."
  • In lighter news, the month-old pro-Trump "free speech" social media network (just the newest of many) called GETTR --- created by Trump spokesperson Jason Miller and funded by one of Steve Bannon's Chinese benefactors --- is reportedly being flooded with pro-ISIS propaganda, including "reams of jihadi-related material...graphic videos of beheadings, viral memes that promote violence against the West and even memes of a militant executing Trump in an orange jumpsuit similar to those used in Guantanamo Bay." MAGA!
  • Finally, as climate change hastens world collapse faster each day, Desi Doyen joins us for our latest Green News Report! Told you we had a dark show for you today!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/3/2021 10:51am PT  

IN TODAY'S RADIO REPORT: Looks like Infrastructure Week is finally happening; Major U.S. interstate in Colorado shut down indefinitely by wildfire-related mudslide; County in Washington State passes America's first-ever ban on new fossil fuel infrastructure; PLUS: Massive new wildfires force evacuations in Greece, Turkey and Italy... All that and more in today's Green News Report!

GNR's now celebrating 12 YEARS of independent green news, politics, analysis, snarky comment and connecting climate change dots over your public airwaves!
PLEASE CLICK HERE TO HELP US CELEBRATE WITH A DONATION!

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

IN 'GREEN NEWS EXTRA' (see links below): The Bipartisan Bill Enters The Amendment Process, Length TBD; Big banks, financial firms hatch plan for Asian coal-fired closures; Western Wildfires Are Sending Carbon Offsets Up in Smoke; Tokyo Olympics may be hottest ever; Biden mileage rule to exceed Obama climate goal; Shell sponsored a museum exhibit on climate solutions, with strings attached; A Geothermal Energy Boom May Be Coming, and Ex-Oil Workers Are Leading the Way; Google is quietly trying to find out if hard drives are recyclable... PLUS: DHL Express buys electric cargo planes for U.S. package delivery... and much, MUCH more! ...

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




Also: Juneteenth now a federal holiday! And SCOTUS allows religious discrimination against same-sex couples, but it could have been worse...
By Brad Friedman on 6/17/2021 6:43pm PT  

The news just isn't slowing down in these "slow news days of summer". At least not on today's BradCast. But at least much of that news is actually good, including more progress today toward protecting democracy in the U.S., as per the shifting whims of Lord and Senator Joe Manchin. [Audio link to full program follows below this summary.]

Among the many stories covered on today's news-chocked program...

  • Who says Congress can't move something quickly when they want to? Juneteenth, commemorating the end of slavery in the U.S. in 1865 --- albeit at least two and a half years after it was supposed to have ended with the Emancipation Proclamation, is now an official federal holiday. President Biden signed the new law for our nation's 12th federal holiday on Thursday, after the U.S. House overwhelmingly adopted the measure on Wednesday (with all but 14 shameful, white, male Republicans voting in favor), after unanimous passage in the U.S. Senate on Tuesday. Since June 19thfalls on a Saturday this year, the new holiday will officially be observed tomorrow! That was fast! See? Congress CAN move quickly when they try! Unless you consider the hundreds of years of slavery in this country and the more than 150 years it took for a holiday to commemorate its final end. Never mind that comment earlier about Congress moving "quickly."
  • The latest attempt by shameful white, male Republicans to kill the popular Affordable Care Act (better known as ObamaCare) was rejected by the U.S. Supreme Court today. The law has helped tens of millions of Americans obtain access to heath care, and hundreds of millions more Americans by, among other things, making it unlawful for insurance companies to reject customers due to pre-existing conditions. The stupid attempt by a bunch of GOP-Controlled states to find the entire bill unconstitutional was rejected by SCOTUS today with a 7 to 2 vote, after finding the states represented by white, male Republicans were not harmed by the law and, therefore, had no standing to challenge it. That, after a series of white, male Republican lower court judges had used a ridiculous claim made by the GOP states --- and countered by the actions of REPUBLICANS in Congress themselves(!) --- to strike down the entirely of the landmark 2010 law as unconstitutional. We explain how this third attempt to have SCOTUS do what Congress would not, has gone down, yet again, in flames.
  • Meanwhile, the fight to pass federal voting rights protections to counter new GOP voter-suppression laws at the state level moved one small step forward again today. Yesterday, West Virginia Democrat Joe Manchin --- the only Dem in the Senate who is not a co-sponsor of the sweeping election and campaign reform bill known as the For the People Act (even though he co-sponsored the same legislation in 2019) --- offered a compromise proposal [PDF] for the bill that he recently declared that he opposed. As we discussed on yesterday's show, his compromise proposal is not horrible and Dems should work quickly to get some version of it to a floor vote! UC-Irvine's election law expert Rick Hasen last night penned a column at Slate which sounded almost exactly like our coverage yesterday, urging Dems to leap at this opportunity, with his first paragraph arguing: "Democrats should grab the deal, even though it is not perfect, is still unlikely to pass, and doesn’t yet address the greatest threat in upcoming elections: the danger of election subversion."

    As we discuss today, the original For the People Act, already passed by the House, doesn't "address...the danger of election subversion" either, as that danger is being baked into GOP voter suppression bills around the country, allowing Republican state Legislatures to reverse election results for virtually any reason they like. We explain why Hasen's argument --- at least on that one narrow point --- is a bit misleading, while he is otherwise right on the money.

    At the same time, Georgia's voting rights champion Stacey Abrams has also come out in favor of Manchin's compromise proposal and speaks, as we did yesterday, to the concerns that some may have about Manchin's inclusion of a "Voter ID" provision. She explains, as we did, that his provision on Voter ID is not really a huge concern --- as some Dems and/or voting rights advocates may view it --- in that Manchin's proposal allows other means for voters to identify themselves beyond a strict, small, very limited list of acceptable Photo IDs. He cites, for example, "utility bill, etc." as acceptable means of identification to vote, in line with the already-existing rules in a majority of states. Such reasonable requirements that do not prevent voters from voting are a far cry from the strict Photo ID restrictions adopted by some GOP states meant not to prevent fraud, but to prevent voting (by certain people who may lack the specific type of ID that Republicans are purposely requiring in hopes of disenfranchising them.)

    Of course, even if all 50 Senate Dems come to an agreement on a version of For the People that they can accept, it would still require 10 Republicans coming on board in the Senate to defeat a GOP filibuster. As that remains a virtual impossibility, reform of the filibuster would still be needed for passage of this bill, and, unfortunately Manchin leads the opposition on that as well. However, as a recording of a Zoom teleconference with the so-called "centrist" group No Labels (actually a big money conservative Dem and moderate-ish Republican business group) reveals, Manchin is not quite as against filibuster reform as he has made out publicly, at least when he is not speaking to big money business donors. Lee Fang and Ryan Grim from The Intercept obtained audio from that Zoom session, wherein Manchin suggests his potential openness to lowering the filibuster threshold from 60 to 55, or to force a 41 person minority to stand up and make their case against a bill they oppose and explain what they object to, rather than require those in favor of the bill to come up with 60 votes.

    Again, more progress. Too slow, to be sure --- especially with the dangers of the 2022 mid-terms looming --- but progress nonetheless, which those claiming to be progressives should certainly be in favor of!

  • Finally, Desi Doyen joins us for our latest Green News Report which, like the rest of today's show, is simply chocked full of news, both good and bad, as the fight against our ongoing climate emergency continues...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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