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Latest Featured Reports | Wednesday, October 27, 2021
A 'Lay Down Case' of Conspiracy to Defraud the U.S.: 'BradCast' 10/26/21
Guest: Attorney, blogger Keith Barber on where 1/6 probe is heading; Also: Americans now very worried about climate; Manchin nixing another climate provision...
'Green News Report' 10/26/21
  w/ Brad & Desi
Historic storm slams West, 90M face extreme weather across U.S.; Record high emissions in 2020; PLUS: New reports warn climate a growing threat to national, global security...
Previous GNRs: 10/21/21 - 10/19/21 - Archives...
'They Took on the Wrong Guy': CA Mayor Who Sued Big Oil Pushes Back After Exxon Attacks: 'BradCast' 10/25/21
Guest: Imperial Beach Mayor, surfer, conserva-tionist Serge Dedina; Also: Manchin; Callers...
Sunday Spooky Toons
Be very afraid. Just in time for the holiday...It's PDiddie's latest collection of the week's scariest editorial toons...
Anita Hill Still Changing the World, 30 Years Later: 'BradCast' 10/22/21
Guest host Nicole Sandler with author, lawyer, Brandeis University professor Anita Hill...
The Good with the Bad: 'BradCast' 10/21/21
House holds Bannon in contempt; TX Lt. Gov. pays out for GOP voter fraud; CA GOP's recall boondoggle; Vets dump Sinema; Manchin could dump Dems; TX steals minority House seats; IL boosts Dems (a little)...
'Green News Report' 10/21/21
  w/ Brad & Desi
We're making too much fossil fuel; Climate change imperils millions, study finds; CA expands drought emergency; PLUS: Cutting emissions is hard, but will lower energy bills...
Previous GNRs: 10/19/21 - 10/14/21 - Archives...
'A One-Way Ratchet': Biden's SCOTUS Comm. Does GOP's Bidding: 'BradCast' 10/20/21
Guest: Slate's Mark Joseph Stern; Also: 'Contempt' for Bannon; Manchin, Sanders in talks; GOP Senate blocks voting rights again...
'Despair is Not an Option' After Manchin Tanks Biden's Central Climate Plan: 'BradCast' 10/19/21
Guest: UCSB's Dr. Leah Stokes; Also: 'Mass homicide' allegations for Brazil's Bolsonaro...
'Green News Report' 10/19/21
Manchin blows up Biden's climate agenda; EPA to crack down on PFAS; Million of polluting, abandoned U.S. wells; PLUS: McDonald's finally going beyond meat...
Listeners on Whether Ds Should Gerry-mander 'Blue' States: 'BradCast' 10/18/21
Also: How the unvaxxed helped kill Colin Powell; How Manchin is killing Biden's climate change plan...
Sunday 'Democracy's Boundaries' Toons
PDiddie draws a few lines in his latest collection of the week's best toons...
Why Dems Should Gerrymander 'Blue' States (& Why They Shouldn't): 'BradCast' 10/15
Guest: FairVote's Dave Daley; Also: Freedom to Vote in the Senate; GOP physics in VA...
'Green News Report' 10/14/21
Supply chain disruptions spike energy prices; Russia says they didn't do it!; CA bans gas-powered leaf blowers; PLUS: Biden Admin goes big on offshore wind...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Also: How the unvaxxed helped kill fully-vaxxed Colin Powell; And how Manchin is killing Biden's landmark plan to take on the climate crisis...
By Brad Friedman on 10/18/2021 6:20pm PT  

Most of the callers to today's BradCast were in favor of it, though a few were opposed and explained why. But, since many of our callers come from Dem-leaning Southern California, we stacked the deck a bit against our own "yes" position when it came to the callers we brought on the air in our limited time. Seemed only fair. [Audio link to full show is posted at the end of this summary.]

First up, however, a few quick thoughts on today's death of 84-year old, fully-vaccinated Republican former Secretary of State and Chair of the Joints Chiefs of Staff, General Colin Powell. Though he (sort of) apologized for it and tried to make good in other ways, it's still difficult for me to shake his infamous presentation of lies at the U.N., falsely claiming that Saddam Hussein had weapons of mass destruction. That presentation, which he later described as a "blot" on his career, arguably sealed the deal in favor of the U.S. going to war in Iraq. But our focus today is on those who are dishonestly using his COVID-related death to claim vaccines don't work. That is a lie that conveniently avoids the fact that Powell was battling multiple myeloma (a form of blood cancer) which greatly reduces the strength of ones immune system and is known to make vaccines less effective. It was, in fact, those who failed to get inoculated from COVID who helped kill Powell. We explain the facts and the math.

Next, before opening the phones to today's main topic, a few words on the news that broke late on Friday, reporting that the White House is now rewriting their sweeping Build Back Better budget reconciliation bill to not include the critical, landmark Clean Electricity Performance Program (CEPP) that was designed to provide financial incentives to utility companies to quickly transition from dirty fossil fuel use to clean, renewable energy. It also levied financial penalties on those power companies who failed to do so. The program was at the heart of the Biden Administration's climate plan and its vow to reduce dangerous greenhouse gas emissions in the electricity sector 80% by 2030, to reach net-zero in that sector by 2035, and to reach net-zero emissions economy-wide by 2050. If Friday's reports are accurate, the rewrite is a major blow to those plans and comes at the insistence of Coal Country West Virginia Democrat Joe Manchin, whose family has made a fortune on fossil fuels in the state. He also receives huge campaign funding from the fossil fuel industry. We discuss this troubling news with Desi Doyen and hope to have more on tomorrow's BradCast.

Then, we pick up the debate we left off at from last Friday's show with gerrymandering expert David Daley of FairVote.org. Daley literally wrote the book on the GOP's extreme partisan gerrymandering scheme after the 2010 Census and warns that it's about to get much worse as Republican state redistricting gets underway following the 2020 Census, particularly in the wake of the U.S. Supreme Court gutting the Voting Rights Act to allow even more extreme partisan gerrymanders in even more states.

Despite the fact that, as Daley warned on the show last week, Republican state gerrymanders, on their own, will cost Dems control of the House even if America votes as it did in 2020 (when Dem House members received almost 5 million more votes than Republicans), he made the argument against Democratic states instituting similar extreme partisan gerrymanders in response.

As I explained on Friday, after many months of torturous consideration, I now favor Dem state gerrymanders to counter the Republicans in hopes of saving democracy itself in the bargain. It's an argument I hate making as a longtime election integrity and democracy champion, but I explain again today why the rising, anti-democracy Authoritarian Front (GOP) has changed my thinking as of now --- at least in lieu of passage of the Freedom to Vote Act by Congress, which would ban partisan gerrymandering in all 50 states.

Before we open the phones to listeners to hear their opinions on this contentious matter, we share Daley's argument explaining why he opposes Dem gerrymanders, along with my own, as I now advise against unilateral disarmament by the Democratic Party. All of which, of course, is only necessary right now, thanks to good ol' Joe Manchin's opposition to reforming the filibuster in order to pass the Freedom to Vote Act, a sweeping and long overdue election reform and voting rights measure --- actually designed by Manchin himself --- which would, among many other things, ban partisan gerrymanders all together.

As noted, while the majority of our callers were in favor of my position here, we tried to put a bit of a thumb on the scale for those who opposed it, so we could hear out "both sides" as best as possible on today's program. And, yes, we will continue this discussion in the days and week's ahead, as the redistricting fights get underway in earnest, and while the GOP has left survival of American democracy itself hanging by a thread...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: FSFP's Courtney Hostetler on federal suit challenging two new vote suppression laws in AZ; Also: John Lewis Voting Rights Enhancement Act passed by House Dems; NC court restores voting rights to 50k...
By Brad Friedman on 8/25/2021 6:32pm PT  

On today's BradCast: It was bad enough in 2013 when Chief Justice John Roberts gutted Section 5, the key provision of the Voting Rights Act. That section prevented discriminatory voting laws before they could take effect. By the time Justice Samuel Alito, on behalf of the Republicans' stolen and packed 6 to 3 majority, legislated from the bench last month to create new tests for Section 2 of the VRA, pulled largely out of thin air, it felt like there was little left in the landmark 1965 federal legislation to protect voters. But voting rights champions are moving forward in courts, nonetheless, even as the battle for new federal voting rights legislation continues.

On Tuesday night, without a single Republican vote, Democrats in the House adopted the John Lewis Voting Rights Advancement Act. The measure would fix much of the damage done to Section 5 of the VRA by the GOP Supremes in 2013, allowing laws with a discriminatory impact on minorities to be blocked in all fifty states before they can suppress voters. But that bill have to overcome a Senate filibuster by Republicans to become law. Still, Democratic Senator Joe Manchin of West Virginia says he support its passage, so perhaps he'll support the modification to the filibuster necessary to pass it. Given the federal lawsuit filed last week in Arizona against two new GOP voter suppression schemes in that state, perhaps AZ's Sen. Kyrsten Sinema, another opponent of filibuster reform --- even on behalf off democracy --- will rethink her position as well when the Senate returns from its August recess.

On Monday, however, there was some bona fide good news out of the very closely divided state of North Carolina, where a court overturned a century old law that prevented former felons from voting upon release from prison. The measure, originally enacted after the Civil War to stop access to the ballot box for black Americans, was finally overturned this week, allowing some 50,000 former felons to register to vote immediately. Of course, state Republicans are appealing the ruling.

And, despite good news last month from a Florida court, tossing a GOP cap on how much money can be donated to get initiatives onto the ballot in the Sunshine State, the effort to once again reenfranchise former felons in that state will now have to wait until the 2024 ballot. That, even after Florida voters already voted for exactly that in a landslide 65% to 35% victory in 2018. It seems Republicans will never run out of ways to prevent some 800,000 returning citizens in the state from being able to participate in their own democracy. It's what they do. It's also why it is so critical to adopt federal reforms, currently being blocked by Republicans and a couple of intransigent Democratic Senators.

In Arizona last week, several voting and civil rights group filed a federal lawsuit challenging two laws recently enacted by state Republicans aimed at suppressing the minority vote, according to our guest today, COURTNEY HOSTETLER, Senior Counsel at the non-partisan government watchdog Free Speech for People (FSFP). Her organization is litigating the case on behalf of Mi Familia Vota, Arizona Coalition for Change, Living United for Change in Arizona (LUCHA), and Chispa Arizona. One law ends the state's very popular permanent early voting list, which allowed voters to receive Vote-by-Mail ballots automatically for every election. The other restriction requires voters who forgot to sign their VBM ballot to do so by 7pm on Election Night. That, even though voters judged to have a "mismatched" signature on their absentee ballot are allowed to "cure" the problem for up to five days after Election Day.

On the first restriction, Hostetler explains today that the permanent early voting list "is supposed to permanent. It's right in the name." But under the new law, she says, "if you don't vote in two consecutive election cycles, you're out. Two election cycles is not that many. There are local elections, many elections that happen. If you decide to skip two elections, for whatever reason, you're off this list and you might not realize it" until its too late.

On the second restriction, she describes that many voters are unlikely to be able to sign their ballot in time, or even be notified that there is a problem, particularly if they only dropped it off the day before the election and especially in the many cases where there is a two-hour, one-way trip for voters forced to use public transportation.

All of this is supposedly to prevent "voter fraud", according to Republicans in a state which has been unable to show any evidence of substantive fraud in past elections, much less fraud that would be prevented by the new restrictions. On the other hand, as Hostetler details, these laws --- which appear neutral on their face --- are specifically designed to "impact minority voters" in several different nefarious ways.

"We can't divorce this from the history of voting suppression in Arizona," she argues, listing many of the ways in which minorities will see a disparate impact from these laws. "Arizona has an unfortunate and long history of voter suppression of Latino, Black and Native American voters."

As the federal complaint [PDF] filed last week reads: "It is no coincidence that the Arizona legislature enacted these changes only after an election in which (1) for the first time in recent memory, the presidential candidate preferred by Arizona voters of color won; and (2) voters of color increasingly used early voting --- the target of the new laws --- to help elect their candidate of choice."

But how can these restrictions be challenged in federal court, given Justice Alito's absurd, created-from-whole-cloth new "guideposts" for adjudicating Section 2 cases under the VRA, where, as we discussed on The BradCast last month, he literally conceded that discriminatory laws are okay, so long as they don't discriminated too much?

Hostetler explains the groups' strategy for challenging these laws under the VRA as well as Amendments 1, 14, and 15 of the U.S. Constitution which, she argues, these restrictions "clearly violate". She also speaks to the necessity of passage of new federal laws to give voting rights attorneys more tools to work with, since SCOTUS has twice gutted the VRA over the past decade. She similarly offers advice on and what we can all do --- as voters, as citizens --- to help reverse this cycle of insidious voter suppression now setting in across the country...especially in swing states like Kyrsten Sinema's Arizona...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/19/2021 11:06am PT  

IN TODAY'S RADIO REPORT: Desperation deepens in Haiti; Flash floods slam North Carolina; Unstoppable wildfires across the globe; Wildfire smoke linked to higher COVID death rates; PLUS: Biden EPA finally bans toxic pesticide linked to brain damage in children... 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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IN 'GREEN NEWS EXTRA' (see links below): Turns out that warming and extreme weather aren't so good for crops; Saving ozone layer has given humans a chance in climate crisis; Heat is killing workers in the U.S., and there are no federal rules to protect them; Multi-billion dollar Louisiana plastics plant put on pause in a win for activists; 'Coming Full Circle' - Native American tapped to lead National Park Service; Stung by climate change - drought-weakened bee colonies shrink U.S. honey crop, threaten almonds; Research explores costs of climate tipping points, and how they could compound one another... PLUS: 5 possible climate futures-from the optimistic to the strange... and much, MUCH more! ...

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




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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With Brad Friedman & Desi Doyen...
By Desi Doyen on 5/11/2021 10:54am PT  

IN TODAY'S RADIO REPORT: America's largest pipeline system shut down by major cyberattack; Air pollution from farms kills thousands of Americans every year, new study finds; Ominous warnings of deepening drought in California; Cost of manufacturing EVs dropping fast; PLUS: Biden moves to restore landmark protections for birds... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Experts call for mandatory recycling of products containing rare metals; A narrow path for Biden’s ambitious plan to conserve 30 percent of U.S. land and waters by 2030; Deaths linked to soot from gas, biomass overtake coal; Climate change may trigger more pesticide use; CA pollution regulators put first-ever new rules on warehouse indiustry; Wyoming threatens to sue states that refuse to buy its coal... PLUS: Former circus elephants begin to arrive at Florida animal sanctuary... and much, MUCH more! ...

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




Also: Biden declares Armenian 'genocide'; SCOTUS takes up guns; DoJ probes Louisville policing; Admin's new child hunger program; AZ's non-transparent 'recount'; Callers assess the Prez...
By Brad Friedman on 4/26/2021 6:54pm PT  

On today's BradCast: We've got a lot of news to catch you up on from over the weekend --- and from today alone --- before we open the phones to listeners to ring in on Joe Biden's first 100 days in office. [Audio link to full show is posted below.]

First up, today's news...

  • Over the weekend, Biden officially declared the killing of 1.5 million Armenians by the Ottoman Empire beginning in 1916 to have been a "genocide". U.S. Presidents from both parties have declined to do so for decades, largely out of deference to Turkey, now a major NATO ally. Biden just went ahead and did it, after declaring his intention the day before to the Turkish President. Yes, it's a 100 year old story, in one respect, but not to the Armenian community which has sought such a declaration on the atrocity from a sitting U.S. President for years.
  • The U.S. Supreme Court announced on Monday that it would take up an NRA-backed case next term on the Constitutionality of the right to carry weapons outside of the home, a direct challenge to a century-old New York gun law. Similar statutes are on the books in a number of other states, including Maryland and Massachusetts. Given the news we discussed on last Friday's BradCast about the appalling 6 to 3 opinion issued by the GOP's stolen and packed SCOTUS last week --- and, in lieu of Democrats figuring out how to reform the Court to expand and unpack it --- today's news likely comes as a foreboding sign for gun safety advocates.
  • The U.S. Dept. of Justice on Monday announced a sweeping new "patterns and practice" probe of policing by the Louisville-Jefferson County Metro Government and Louisville Metro Police Department in Kentucky, following the middle-of-the-night 2020 police killing of 26-year old Breonna Taylor in her own home during a no-knock raid. The warrant was approved as part of a narcotics investigation which turned up no drugs and for which the City of Louisville has already agreed to a $12 million settlement after the police killing of the African-American emergency medical technician last year.
  • The Biden Administration is announcing the launch of an historic $12 billion summer food program to feed lunch to more than 30 million low-income children, as part of the recently passed $1.9 trillion American Rescue Plan. The USDA plan, according to experts who study childhood hunger, will go a long way towards feeding children who face food insecurity during summer months, when free school lunches are not available. The initiative comes on the heels of not only a hunger crisis amid the COVID pandemic, but after years of cutbacks to the Supplemental Nutrition Assistance Program (SNAP) and other programs to combat hunger by the Trump Administration. Another upside: Money spent on SNAP goes directly into local economies.
  • In news that broke just before airtime today, the U.S. Census Bureau released its first tranche of new numbers from the 2020 decennial survey revealing that Texas, Florida, North Carolina, Colorado, Montana and Oregon will each pick up Congressional seats in the once-a-decade redistricting process before the 2021 mid-term elections. New York, Ohio and, for the first time in its 170 years of statehood, California, would each lose a seat in the U.S. House. In fact, Texas is picking up two seats, while it, Florida and North Carolina have redistricting processes that are entirely controlled by Republicans, allowing them to gerrymander their states even further than they already are. Many of the Dem-controlled states picking up seats have processes in place that share power with Republicans for redistricting, or have a process controlled by independent commissions to determine new maps.
  • In some news that broke during today's show, California officials have announced that Republicans hoping to unseat the state's Democratic Governor Gavin Newsom in a recall election, have obtained the requisite number of verified signatures needed to hold the recall election for the first-term Governor this fall. More on that story, undoubtedly, in the days ahead.
  • And lastly, before we turn to callers ringing in on Biden's first 100 days, a word about the unusual, ongoing post-election hand-count in Maricopa County (Phoenix), Arizona, where the Republican-controlled state Senate is using tax-payer money to pay a private company named Cyber Ninjas, run by a Trump-supporting IT expert with no experience in elections, to recount the County's 2.1 million ballots from the 2020 election. The count is examining only the results of last year's Presidential race, reportedly won by Biden, and the U.S. Senate race, won by Democrat Mark Kelly. In both cases, it was the first time in decades for Democratic victories. While we are normally in favor of any and all attempts by citizens to oversee the results of their own elections, the Maricopa count is disturbing on several levels.

    For one, it is being paid for by tax-payer dollars, but run by a Trump supporter who, in addition to having no knowledge of elections or election technology, has a record of promoting demonstrably false claims about the election having been stolen by election system vendors, a number of communist counties, and allies of Joe Biden. The company heading up the count is also not using accepted hand-count practices established by the state. And they also refuses to disclose the amount or additional sources of dark money funding that it is receiving to carry out the hand tally. Moreover --- and most disturbing as of now --- is the fact that the tax-payer funded organizers are barring both media and the general public from overseeing the examination of the ballots from the 2020 election (which should, theoretically be protected and remain in state custody, under federal law, for 22 months.)

    I am in close touch with some of the folks who are working as observers on the count --- the ones with actual experience in post-election audits and recounts, unlike the Republicans in charge of this scheme --- and hope to have more information for you on this in the days ahead. There is no rush, apparently. At the rate of counting being carried out by the paid-for counters --- who not only counting, but examining ballots for signs of fraud --- it could take about 15 months to tally all of the ballots, according to one experienced election integrity advocate closing tracking the process.

  • Finally today, in advance of President Biden's first address to a joint a session of Congress on Wednesday night, his 99th day in office, media are rounding up their various assessments of the Administration's first 100 days and grading the President on his performance to date. It seems his bold actions have taken many in both the media and public --- who had previously regarded old Joe as an establishment, institutionalist centrist --- by surprise. We open up the phones to callers to do a bit of the same temperature taking today, to find surprisingly positive reviews for the new President from our usually somewhat cynical and progressive listener base here in Southern California (and, in Minneapolis, Chicago and elsewhere today.)

Enjoy!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 3/9/2021 11:25am PT  

IN TODAY'S RADIO REPORT: Global oil prices are rising again, and so is the price at the pump; Interior Department moving swiftly to roll back Trump-era rollbacks; Bankrupt coal company seeks to shed responsibility for mine clean-up; PLUS: Cities thwarted in effort to change building codes to combat climate change... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Big Oil May Want Carbon Tax, But Biden and GOPers Not So Much; Tesla's secret big battery revealed in Texas;
First major U.S. offshore wind project moves closer to reality under Biden; Big Banks Make a Dangerous Bet on the World’s Growing Demand for Food; White House’s Reworked Climate Metric Draws Lawsuit from [GOP-controlled] States; Caribbean Refinery To Test Biden's Promises On Poverty And Pollution... PLUS: For Planet Earth, No Tourism is a Curse and a Blessing... and much, MUCH more! ...

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




Landmark bill would enact long-overdue voting reforms, but needs at least one key rewrite to close a loophole regarding hand-marked paper ballots...
By Ernest A. Canning on 2/5/2021 10:35am PT  

As their first official bills in each chamber of Congress --- H.R.1 in the House and S.1 in the Senate --- Democrats are proposing a remarkably ambitious election, campaign and ethics reform measure which would go a long way towards enhancing our system of democracy. At least one important rewrite is needed, however, in order to close a loophole in its mandate regarding hand-marked paper ballots.

H.R.1 or the For The People Act of 2021, was introduced by Rep. John Sarbanes (D-MD) with hundreds of Democratic co-sponsors on January 4. It is supported by both Democratic House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer.

With the exception of partisan gerrymandering as applied to State legislative offices --- which is out of the hands of federal lawmakers --- the bill would, for all intents and purposes, outlaw a wide array of voter suppression, intimidation and deceptive practices that have, for decades, been used to undermine American democracy.

The massive bill, clocking in at nearly 800 pages, also includes Congressional ethics reforms and other important measures, but we focus here on the statute's provisions to help outlaw suppressive measures and improve election security, transparency and the verifiability of results.

As presently written, the measure appears to mandate the use of "voter verified permanent paper ballots" in all federal elections. That aspect, however, must be improved with minor, but very important revisions to mandate the availability of hand-marked paper ballots --- the only type that can be known to be "voter verifiable" --- for all voters at the polling place for both early and Election Day voting.

H.R.1 also includes provisions for either hand-counting of paper ballots or the use of optical scanning computers accompanied by Risk Limiting Audits. It includes mechanisms to fund those post-election activities.

The bill provides for minimum periods during which States must make early voting available in federal elections and promotes, streamlines and secures mail-in voting. It tightens ethical standards and also takes a stab at reducing the role of dark money in campaigns, while prohibiting the presence of foreign money and interference in our elections. This includes a mandate that TV, radio and online platforms "make reasonable efforts to ensure that [election-related] communications...are not purchased by a foreign national".

The real question isn't whether H.R.1, if appropriately amended, should become law. The question is whether a sufficient number of Senators are willing and able to do what is necessary to ensure it becomes law...

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




Pompeo undermines democracy; Trump/GOP's pathetic 'voter fraud' claims keep failing; GA Repubs turn on their own Sec. of State...
By Brad Friedman on 11/10/2020 7:28pm PT  

The unfortunately necessary debunkery of Donald Trump and his GOP's various embarrassingly desperate efforts to steal the election from Joe Biden continues on today's BradCast, even as the U.S. Secretary of State manages to shock with an extraordinarily offense comment and Republicans are now turning on their own in Georgia to appease the soon-to-be-former President. [Audio link to show is posted below this summary.]

Among the too-many stories covered on today's show...

  • Even Fox 'News' is beginning to refuse to air the White House's "voter fraud" BS. It's not the first time Fox has refused to play along with GOP "voter fraud" lies since Election Day;
  • Sec. of State Mike Pompeo makes a wildly unfunny, dangerous and un-American "joke" from the lectern at the Dept. of State about a "smooth transition to a second Trump Administration";
  • Corporate media continue to do a rather competent job of quickly debunking the endless and so-far evidence-free claims being made by duped Trump supporters and shameless Trump attorneys in court regarding "voter fraud". CNN's Donie O'Sullivan deserves special credit for one of his reports taking on Trump supporters directly at a "Stop the Steal" rally in Pennsylvania, with facts to debunk their false conspiracies regarding "Trump ballots being burned in bags" (they weren't), vote totals being inflated overnight for Joe Biden (they weren't), and much more;
  • Separately, CNN also debunks Trump's latest Twitter tantrums regarding his evidence-free claims of fraud in Pennsylvania (no, GOP observers were NOT prevented from watching the ballot count), Nevada (no, 3,000 voters did NOT vote unlawfully from other states), Georgia (no, Trump did not "win on Election Night") and Wisconsin (no, Trump's campaign is not "looking very good" in the state they appear to have lost by more than 20,000 votes);
  • Team Trump files yet another embarrassingly lame lawsuit in Arizona, falsely charging that 180 voters (out of 155,860) who cast Election Day ballots in Maricopa County (Phoenix) improperly had their ballots rejected as overvotes;
  • Short of an unlikely shocker in the still-uncalled Alaska U.S. Senate race, the last chance for Democrats to take back majority control of the U.S. Senate will now be in Georgia's two U.S. Senate runoff elections on January 5th. They will have to win both of them. And now, both of the state's Republican U.S. Senators, Kelly Loeffler (who is running against Rev. Raphael Warnock) and David Perdue (who is running against Jon Ossoff) are sucking up to their demented sore loser President by turning on GA's Republican Sec. of State Brad Raffensperger, hilariously "citing no evidence" in calling for his resignation.

    Longtime listeners of The BradCast will recognize Raffensperger as the corrupt dope who purchased the state's new, wildly-expensive, easily-manipulated, 100% unverifiable computer touchscreen Rube Goldberg voting systems made by Dominion Voting and forced on every county in the state for first time use this year. That, instead of a cheaper, verifiable, hand-marked paper ballot system urged by cybersecurity and voting systems experts alike.

    Republicans have been falsely accusing Dominion in recent days of being controlled by Democrats and responsible for "stealing" the election from Trump in Michigan and Georgia. While there is no evidence to support their claim, I have invited those Republicans worried about Dominion to join me in my call for getting the company out of Georgia's critical U.S. Senate runoffs altogether by turning to all hand-marked paper ballots to be publicly hand-counted in both races. The statewide election will feature just two races, with only two candidates in each, so hand-counting them on Election Night would be very simple and completely transparent.

    While my invitation to Republicans has become quite popular on Twitter, so far they have failed to join the effort to prevent the "Software from hell!" that folks like Eric Trump are pretending to be the cause for his father's humiliating re-election loss. Sad!

    While Raffensperger says he will not resign, a comment from former Republican Sec. of State turned illegitimate Governor Brian Kemp, along with an article from the far-right Federalist, suggests that state Republicans may try and move to ban mail-in voting altogether for the runoffs, despite the spiking deadly pandemic and the requisite reliance on unverifiable Dominion voting systems at the polling place, in hopes of returning to their years-long glory days of GOP voter suppression in the Peach State;

  • Finally, Desi Doyen joins us for our latest Green News Report filled with (almost all) actually good news for a change, in the wake of Joe Biden and Kamala Harris' apparent election victory last week...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Univ. of KY election law professor Joshua A. Douglas on the President's desperate strategy as PA, GA, NV and probably AZ are all set to give the former Veep his Electoral College victory...
By Brad Friedman on 11/5/2020 7:22pm PT  

On today's BradCast: it's all over but the desperate Donald Trump tantrums. Though don't try and tell our own Desi Doyen that today! [Audio link to show is posted below.]

As the stock market numbers rally on increasingly certain news that Joe Biden will become the next President (despite Trump's lies that the market would crash if the former Veep won), the U.S. coronavirus numbers also continue to skyrocket to all time records (thanks to Trump's disastrous denial and lies there as well.) For today, though, it's the vote count numbers we're again focused on, as Biden will almost certainly be called the unofficial winner in several remaining uncalled states --- including Pennsylvania, Georgia and Nevada --- very soon.

If he takes Pennsylvania alone it's over for Trump. But, as we went to air today, with Biden so far, according to media calls, having won a conservative 253 electoral votes of the 270 he ultimately needs to be declared the President-elect (that 253 total doesn't include Arizona's electors, which both AP and Fox "News" have already called for him), it's now likely that Biden will end up with at least 306 electoral college votes when all is said and done.

At the same time, Trump is filing every unsupported, nonsensical legal lawsuit in every state that his two-bit lawyers can figure out how to spell in hopes that something, anything, will actually help --- or even just turn out to be vaguely true. While the President's supporters in Michigan chant "STOP THE COUNT! STOP THE COUNT!", his equally gullible cult followers in Arizona are busy shouting "COUNT THOSE VOTES! COUNT THOSE VOTES!" That should give you an idea of the ingenously coordinated strategy of Trump and the Republican Party's election law geniuses at this point.

We're joined today by an actual legal professional, University of Kentucky College of Law's election and Constiutional law professor JOSHUA A. DOUGLAS, author of Vote for US: How to Take Back Our Elections and Change the Future of Voting to find out what we must be missing in reviewing Trump's woefully pathetic legal strategy to try and win this election or unring its bell.

"There's not really a coherent legal strategy to speak of. He's throwing as much spaghetti at the wall as he can and seeing what sticks," Douglas confirms. "The real problem I have is we're reporting on these lawsuits as if they have any merit whatsoever. And they don't. I don't think we should even be giving them airtime. Because in my view, the real goal here is to undermine people's faith in the integrity of the election."

"They are making wild allegations of voter fraud, but without having any evidence that it actually occurred. And then they're spreading misinformation on social media about anecdotes that, when you look into them, turn out to be" anything but what they are alleging, he explains.

Nonetheless, we press the good professor for how he would make the case for Trump, were he unfortunate enough to be representing him in this matter, and we discuss the actual looming legal danger awaiting decades of election law precedent at the now packed and stolen U.S. Supreme Court. Will Trump's newest stolen Justice Amy Coney Barrett actually deliver for her President if and when any actionable case on the 2020 election somehow makes its way to SCOTUS? Or will it only be later that she and four other compliant rightwing Justices will decide to undermine the affirmative Right to Vote found in almost every state Constitution?

We discuss all of that and more today, even if none of it seems to help our own Desi Doyen rest any easier about the Presidential election results just yet. (She has very good reason, in the meantime, to be concerned indeed about the results at the Senate and House level.) Nonetheless, we close today with her latest Green News Report with an eye on Hurricane Eta, now aiming for Florida, and what we should expect when it comes to U.S. climate action after the dust settles on the 2020 election...

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Guest: WI favorite progressive son, John Nichols of 'The Nation'; Also: Trump falsely claims victory, declares fraud, seeks recount, promises lawsuits to stop counting of legally cast votes...
By Brad Friedman on 11/4/2020 7:48pm PT  

On the day after what was a harrowing and very very late Election Night for many Democrats, it is now fairly clear, as of today's BradCast, that --- barring some sort of tabulation surprise or failure (they do happen) --- Joe Biden is set to win at least 270 electoral college votes to become the nation's next President. [Audio link to show is posted below.]

This will likely happen even if Biden doesn't end up winning Pennsylvania (or even Georgia or North Carolina) with the many still-untabulated, largely Democratic votes left to count in the state. In Pennsylvania, Wisconsin and Michigan, election officials were barred by gerrymandered, GOP-controlled state legislatures from counting any mail-in ballots until Election Day, so unofficial results on Election Night were much slower coming in. (In Pennsylvania, as we explained with a PA election official last week, it is even worse, because officials in the state are barred from even pre-processing mail-in ballots by opening, verifying them, etc., before Election Day.)

Nonetheless, faced with his likely crushing defeat at the ballot box, Donald Trump did what he does, and precisely what we warned you, very specifically in recent weeks, that he would do. He attempted to gaslight the American people via his Twitter account and a 2:30am "news conference" with supporters at the White House, where he tried to super-spread the lie that counting legally cast ballots after Election Day was somehow "a fraud on our nation" and a "sad" attempt by Democrats to "STEAL the election" from him. After falsely declaring victory, he vowed that "we are going to the Supreme Court" to, presumably, try to stop the counting of votes, though it remains unclear whether he has any cause of action whatsoever to try and do that.

Trump's late-night lie and threat fest did not go over well. Even Republicans of all stripes condemned the remarks --- from Chris Wallace of Fox "News" to Trump's debate prep ally Chris Christie to the RNC's top election attorney Ben Ginsberg --- all of whom declared Trump's announced plans to stop the counting of lawfully cast votes to be shameful, anti-democratic and counter-productive to his case, not to mention an embarrassment to the nation. We share a number of those responses on today's show.

In short, Trump's desperate scheme is unlikely to work, barring evidence of some sort of actual fraud or mistabulation. Before media outlets called both Wisconsin and Michigan for Biden today, Team Trump vowed to seek a "recount" in Wisconsin, and announced plans to file suit in those states and Pennsylvania in hopes of stopping perfectly legal on-going vote tallies. In an effort to recreate the magic of 2000's infamous "Brooks Brothers Riot" in Florida, Trump supporters in Detroit on Wednesday attempted, unsuccessfully, to storm the counting room.

That is by way of contrast with Biden's own late-night statement to supporters on Tuesday night, noting that "it's not my place or Donald Trump's place to declare the winner of this election. It's the voters' place," and that "every vote must be counted." He vowed that "nobody is going to take our democracy away from us, not now, not ever."

We shall see. But it is looking very good for Democrats today, at least on the Presidential level as of air time today. As to their hopes of winning back a much-needed majority in the U.S. Senate, that hope appears dim at this hour, if still a long-shot possibility. Combined with the reported loss, so far, of five Democratic seats in the U.S. House and the results on several ballot initiatives across the nation, it was certainly a confusing verdict from the American people --- presuming the reported, unverified and unofficial results to date prove to be accurate.

What to make of all of this? We are joined today by our old friend and Wisconsin favorite son, progressive journalist JOHN NICHOLS of The Nation and Madison's Capitol Times. As usual, Nichols has helpful insight into all of this, both for progressives and establishment Democrats, as well as a unique perspective from a state which barely went to Donald Trump in 2016 for the first time in decades, and which now appears to have flipped back to Democrats by a similarly small margin. His body of knowledge also comes from a longtime progressive state that took a very similar right turn over the past couple of decades as the nation now appears to have taken, with the rise (and fall) of former Gov. Scott Walker.

"I like the fact that the people [Trump] attacked the most, the people he threatened to send federal forces in to squash their protests and minimize their outcry --- they pushed back against him," Nichols says, noting his optimism after last night. "I see something very positive in that. I would even dare say there was something delicious, or at least appealing in the poetic justice of it." On the other hand, he tells me, noting the "blunt reality" of the situation, "Democrats shouldn't be overly enthusiastic about a situation where, it appears, the prospect they have taken the Presidency without a Senate. Because, I've argued throughout this year, that if Joe Biden is elected President with Mitch McConnell still in charge of the Senate, Joe Biden begins his Presidency as a lame-duck."

Finally, we share an audio clip of our nominee today for the hands-down most optimistic take on whatever the hell happened yesterday, from a noted Presidential historian...

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Guest: Armstrong County, PA Election Director and longtime Election Integrity advocate Marybeth Kuznik on chaos, segregated ballots and unverifiable touchscreens in the critical battleground state...
By Brad Friedman on 10/30/2020 6:48pm PT  

On today's BradCast: Election 2020 is coming down to the wire, with the deadline for voting just days away and no small amount of chaos unleashed on the entire process by federal courts over the past several days. While the U.S. Supreme Court has invoked their so-called "Purcell Principle" in recent years, to prevent last-minute changes to even bad, suppressive election laws in order to avoid chaos, both SCOTUS and lower federal courts have been busy this week invoking invoking election chaos in several key battleground states. [Audio link to full show posted at bottom of summary.]

On Thursday night, two Republican federal appellate court judges reversed a rule enacted with a Minnesota state court's approval in July, in a radical ruling that follows on the heels of another decision by the U.S. Supreme Court in a Pennsylvania case that has resulted in elections officials in both states now being forced to segregate late arriving mail-in ballots that are postmarked on or before Election Day, but that don't arrive until the days following it. We explain the reason for the extraordinary disruption and the potential invalidation of tens, if not hundreds of thousands of lawfully cast ballots in both states --- and maybe others --- based on a radical interpretation of the U.S. Constitution's Elections Clause that has never been blessed by a majority on the Supreme Court, but which could be very soon, depending on the vote of Donald Trump's newest appointment to the GOP's stolen Court, Amy Coney Barrett.

We try to make sense of the chaos that has now been unleashed by...

  • that late Thursday night ruling by two Republican judges on the U.S. 8th Circuit Court of Appeals --- just five days before Election Day --- finding it unconstitutional for MN to count late arriving ballots lawfully cast and postmarked on time, despite a months-old state court-blessed settlement between MN's Sec. of State, voting advocates and even agreed to by the Trump Campaign;
  • the SCOTUS decision to wait until after Election Day to decide if similar ballots in PA will be discarded as well;
  • and a seemingly counter-intuitive SCOTUS decision to allow late-arriving ballots in North Carolina to be counted following a state court blessed settlement nearly identical to the one just struck down on Thursday night by the appeals court judges for MN.

As noted, chaos now reigns in several of the most important battleground states in the most critical election in U.S. history.

Meanwhile, in the new battleground state of Texas, where early voting numbers have now surpassed the total turnout for all of the 2016 election, officials in Tarrant County (Fort Worth) are dealing with chaos caused by what they describe as a printing error by their absentee ballot contractor. Roughly one-third of mail-in ballots cast in the County are being seen as unreadable by their computer optical-scan tabulation system. Rather than count those hand-marked paper ballots publicly by hand, state law calls for the potentially tens of thousands of unscannable ballots to be "remade" by elections officials by hand onto new, scannable ballot pages.

All of this should serve as a reminder of the necessity of citizen-based public oversight of our elections, which are not owned by unelected judges or elections officials or private vendors or contractors, but by we the people. If you've already voted and are now looking for a way to help between now and Election Day (and, as importantly, beyond), there are many opportunities! Check out some of them at Scrutineers.org, ProtectOurVotes.com, SmartElections.us and ValidateTheVoteUSA.org.

Our guest today is, herself, a longtime champion of public oversight of elections. MARYBETH KUZNIK is the founder of the election integrity group, VotePA.us and, as of September, also the Election Director in Armstrong County, PA, a somewhat rural, Republican-leaning county just north of Pittsburgh. She is kind enough to offer us some time amid the mayhem of her new job today, where she concedes "it's pretty crazy here."

Among the many topics we discuss...

  • the new order to segregate late-arriving absentee ballots in PA so they can, potentially, be nullified by the U.S. Supreme Court after the election;
  • the fact that the state legislature does not allow pre-processing, much less tabulation, of mail-in ballots until Election Day;
  • How many days it is likely to take her county and the state as a whole to tabulate them ("We are in unchartered water here...But, we're not going to know Election Night, that's for sure." She is still looking for volunteers to help! Though they must be from Armstrong!);
  • the type of voting systems in use in Armstrong (Optically-scanned hand-marked paper ballots. "I wouldn't be working here --- I would not be administering unverifiable touchscreen ballot-marking devices. You know that, Brad!");
  • her concerns about voting in Philadelphia this year amid both civil unrest and the strongly Dem-leaning County's foolish decision to use new, unverifiable, computer touchscreen Ballot Marking Devices which failed spectacularly during their first use last year. ("Philly worries me," she says, adding that she has "zero confidence" in the systems which she describes as "the most expensive and the most wasteful voting system ever developed. Every voter does not need a $9,000 touchscreen to cast a ballot.";
  • and some of the lessons she's learned in her transition from longtime Election Integrity advocate to Election Director...

Don't forget to exhale between now and Tuesday!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Plaintiff Marilyn Marks of Coalition for Good Governance; Also: My escape from 'Twitter Jail'; GA's vote system fails, causes long lines on first day of early voting; CA GOP's fake mail-in drop boxes...
By Brad Friedman on 10/12/2020 6:37pm PT  

On today's BradCast: A long-awaited ruling in the federal case challenging Georgia's new, unverifiable, already-failed $100+ million touchscreen vote systems --- which failed again on day one of early voting today in the Peach State. Also, my escape from "Twitter Jail" and the California GOP deploys fraudulent mail-in drop-boxes across the state. [Audio link to show follows below.]

We start today by avoiding, for now, the first day of the illegitimate confirmation hearings in the U.S. Senate for Supreme Court nominee Amy Coney Barrett. Instead, we offer some exclusive news that is not being reported elsewhere on two fronts, both related to Georgia's disastrous new voting system. First up, an explanation --- or, a conclusion for now --- to the saga that resulted in my 4 days suspension on Twitter beginning late last week, for the crime of posting a completely accurate tweet about two weeks ago, reporting that GA's Secretary of State informed elections officials in all 159 counties to immediately halt pre-election testing of their new touchscreen voting systems, due to an error that prevented candidates in one of Georgia's two U.S. Senate elections this year from appearing on screen for voters. The error, as I noted in my infamous (and accurate) tweet, would eventually require all new software for the November elections. In fact, as the federal ruling we discuss today reveals, the state installed all new, uncertified software on all 34,000 of the new voting machines just days ago, in violation of state law. You can read the full saga, with links to the federal court filings proving the accuracy of the tweet, and why I eventually relented and deleted it right here.

As Georgia began its first day of early voting on Monday, sure enough, the vote system I was warning about in that tweet failed, leading to six-hour lines to vote in some places. But the long-running federal court case whose emergency filings revealed the serious problem I was tweeting, finally came to a conclusion --- of sorts, at least for now --- late on Sunday night. That is when U.S. District Judge Amy Totenberg finally released her long-awaited ruling in the case which challenged the security, accuracy and constitutionality of the state's use of new, unverifiable touchscreen voting systems made by Dominion Voting Systems. The Plaintiffs called for them to be replaced by a cheaper, verifiable hand-marked paper ballots system.

Last year, Totenberg found the state's previous, 20-year old Diebold touchscreen systems to be unsecure, unverifiable and, thus, unconstitutional, ordering them banned for all future elections in the state. On Sunday night, in her long-awaited 147-page ruling [PDF] that begins by citing the plot to the movie Groundhog Day, Totenberg once again finds the state's new touchscreen Ballot Marking Device (BMD) "presents serious system security vulnerability and operational issues that may place Plaintiffs and other voters at risk of deprivation of their fundamental right to cast an effective vote that is accurately counted." The judge warned "these risks are neither hypothetical nor remote" and slams "the insularity" of the "stance" by the GA Sec. of State and the state's private vendor, Canadian-based Dominion Voting Systems, "in evaluation and management of the security and vulnerability of the BMD system [which] does not benefit the public or citizen's confident exercise of the franchise."

After detailing lies, inaccuracies and a lack of knowledge in the testimony of the state's "experts" in the case (no actual cybersecurity experts were presented by them, only employees of the vendors who admitted they had no actual cybsersecurity experience, nor did any penetration tests of the systems before certifying them for use in GA elections!), Judge Totenberg concludes: "The Plaintiffs’ national cybersecurity experts convincingly present evidence that this is not a question of 'might this actually ever happen?' – but 'when it will happen,' especially if further protective measures are not taken. Given the masking nature of malware and the current systems described here, if the State and Dominion simply stand by and say, 'we have never seen it,' the future does not bode well."

For now, that future includes the use of the systems that Totenberg clearly finds so dangerous because, as she explains, it might cause chaos for elections officials if she ordered the use of hand-marked paper ballots at the polling places this close to Election Day.

We're joined once again to discuss the case today by MARILYN MARKS of case plaintiff Coalition for Good Governance, which has been leading this long and important federal court battle now for several years. She has been joining us to discuss it at critical junctures, even while most of the broadcast media has studiously avoided covering it all. Marks offers her reaction to the judge's long-awaited ruling, describes her disappointment in the ultimate order from the judge (for now), while expressing confidence that these systems --- just like the state's previous ones --- will eventually be barred by this judge for use for the very same reasons that she ordered the state's old ones to finally be trashed.

"What we see here is these systems are put together in a slipshod fashion, without security being an important priority at all to these companies," Marks tells me. "These voting system vendors will say anything, and unfortunately many of our election officials who are purchasing these systems will repeat and parrot whatever those words are. You begin to wonder what is it that drives these elections officials, like Secretary [of State Brad] Raffensberger in Georgia, to buy the most expensive and least-auditable equipment."

Noting that unverifiable BMD systems similar to the ones now being forced on voters for the first time at the polls in other critical battlegrounds --- such as Philadelphia, the most Democratic-leaning county in North Carolina, all of South Carolina, as well as key counties in Texas and Ohio, not to mention the nation's most populous voting jurisdiction, Los Angeles County --- Marks decries the damage to democracy being done in all of those locations, while still being hopeful for the future.

"If there's good news in the judge's denial of relief for November, she did write a very solid yet scathing opinion, and explained in detail why these systems are not secure," she explains. "I'm hopeful that her opinion can spread across --- certainly Los Angeles, and all the counties that are using these systems in Pennsylvania and South Carolina, and even my home county of Mecklenberg, North Carolina --- and shake up some of these election officials. But maybe, most importantly, some of these candidates. That is such a shame that we don't have the parties and we don't have the candidates demanding a fair system."

Marks adds: "We're confident we'll win the case. We've proven our point. We've proven that they're unconstitutional. We've proven that they're insecure. We've proven that people shouldn't be permitted to vote on them. The only piece that's missing is, how long does it take? How long does it take for jurisdictions to be prepared to do something simple, like hand out hand-marked paper ballots? Given how important this election is, it is a real shame that we have to put up with these machines in November."

Finally, we close with the news that Republicans in California --- after Trump and his GOP have been suing to do away with mail-in drop-boxes all over the country --- are actually deploying fake ones up and down the Golden State, in apparent violation of the law, according to California's Secretary of State...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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