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Latest Featured Reports | Tuesday, January 26, 2021
How Trump Tried to Use DoJ to Steal the Election (and Came Really Really Close!): 'BradCast' 1/25/21
Also: Dominion sues Giuliani for $1.3B in yet another Team Trump defamation suit...
Sunday 'Biden Signs' Toons
PDiddie's inaugural weekly toon collection of the Biden Era...
Building Back. Better?:
'BradCast' 1/22/21
Guest: The Prospect's David Dayen on Biden at the starting gate, Senate dysfunction; Also: Impeachment trial coming; Trump empire still crumbling; A prescient Jon Stewart...
Clean Up On Aisle 45: What COVID Plan?:
'BradCast' 1/21/21
Biden launches 'wartime effort' to tackle vaccine, testing, economic disaster left by Trump; Also: QAnon followers sad, Proud Boys mad. Both abandoning Trump...
'Green News Report' 1/21/21
  w/ Brad & Desi
'GNR' SPECIAL COVERAGE: President Joe Biden and Vice President Kamala Harris take office and get right to work, renewing hope for meaningful U.S. climate action...
Previous GNRs: 1/19/21 - 1/14/21 - Archives...
'DEMOCRACY HAS PREVAILED': Biden Takes Office, Trump Leaves in Disgrace: 'BradCast Inauguration Special'
Former Prez' corrupt pardons; New Prez calls to 'defend truth, defeat lies,' 'end uncivil war'...
Bye, Don: 'BradCast' 1/19/21
Guest: Progressive columnist, broadcaster Richard 'RJ' Eskow on Trump's bitter end, Biden's difficult new beginning, America's challenges ahead...
'Green News Report' 1/19/21
Biden recovery plan's focus on climate, undoing Trump's enviro rollbacks; Trump's last rollbacks and polluter giveaways; PLUS: Final end of line for Keystone XL?...
Sunday 'Capitol Punishment' Toons
PDiddie's latest, 'inciteful' collection of the week's best political toons...
Our Long National Nightmare Almost Over, Trump's Just Beginning: 'BradCast' 1/15/21
Guest: Heather Digby Parton; Also: Tragic COVID milestone; Biden's $1.9T plan; Creepy Insurrection revelations...
DOJ Must Contest Presidential Self-Pardons, Those for Seditious Co-Conspirators
Did the Framers really wish to give Get-Out-of-Jail Free cards to insurrectionists?...
'Green News Report' 1/14/21
Former MI Gov. charged in Flint Water Crisis; Trump EPA parting gifts; U.S. emissions plummet, due to virus; PLUS: World's biggest battery online in CA...
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: Slate legal reporter Mark Joseph Stern on recent cases, Bill Barr, Kris Kobach and accountability for TX' attempt to overturn the election; Also: GOP now eating its own with GA's U.S. Senate runoffs underway...
By Brad Friedman on 12/15/2020 7:54pm PT  

On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

Download MP3 or listen to complete show online below...

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Guest Host Nicole Sandler with the breaking news; Also: Revolving Door Project's Jeff Hauser on Biden's cabinet picks...
By Nicole Sandler on 12/11/2020 7:11pm PT  

It's NICOLE SANDLER back, guest hosting today's BradCast.

When the show began, we still didn't know what the Supreme Court would do about the ridiculous lawsuit brought by Texas' indicted Attorney General Ken Paxton, challenging the Presidential election results in Michigan, Wisconsin, Pennsylvania and Georgia. Common sense told me that a legitimate court wouldn't even entertain the idea of a hearing. Texas has no standing to challenge the elections in four other states. The unknown factor was how the three justices appointed to the court by Trump would rule.

Thankfully, Texas lost. We got the news just as I was putting the show to bed, so was able to share the good news! It's over. On Monday, the Electoral College officially casts their votes. I still don't trust Trump, so I wouldn't be surprised by him trying some other nonsense. [Ed note from Brad: Wait for what will happen on January 6th when Congress is supposed to accept the results. It will be a very long day.]

I also worry about his cult of followers. They're nuts, as is he. Please be careful out there. Or don't go out there. With COVID raging, you're better off at home!

So, the Biden-Harris transition team, meanwhile, is busy assembling its cabinet. Of course, we're all Monday morning quarterbacks, and I certainly want as progressive an administration as possible. So today, I'm joined by JEFF HAUSER, co-founder and director of The Revolving Door Project, which "scrutinizes executive branch appointees to ensure they use their office to serve the broad public interest, rather than to entrench corporate power or seek personal advancement"...

Download MP3 or listen online below...

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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!




Guest: Voting system expert, federal plaintiff Marilyn Marks of Coalition for Good Governance...
By Brad Friedman on 12/10/2020 8:22pm PT  

On today's BradCast, some real facts on the real concerns about Dominion Voting Systems' unverifiable computerized voting machines in Georgia --- what we know (and don't) about what happened with them during the 2020 Presidential election in November; what concerns that voters of all parties should have about them before the two critical U.S. Senate runoffs in the Peach State in January which will determine partisan control of the U.S. Senate; and what all Americans can do about it. [Audio link to full show is posted beneath summary.]

But, first up today, a few quick --- and somewhat related --- news items today. On Wednesday, the U.S. tallied a heartbreaking record 3,124 COVID deaths, making it the fourth most deadly day in U.S. history after the Galveston Storm of 1900, and the Civil War battles of Antietam and Gettysburg. Wednesday saw more Americans die from COVID than those killed on September 11, 2001, which had previously been the nation's fourth most deadly day. The next most deadly single days in the U.S. thereafter are now, in order, last Thursday, last Wednesday, last Friday, last Tuesday and Pearl Harbor.

At the same time this week, Donald Trump has been throwing crowded, indoor, holiday parties at the White House, lying to guests, without a mask, that his election was stolen, and the Texas lawsuit filed this week would prove it to his stolen and packed U.S. Supreme Court, somehow. It's as if the worst pandemic in more than a hundred years doesn't even exist because, after all, there's an election to be stolen and several centuries of American democracy to be undermined during the holidays.

As to that absurd Texas case filed by the criminally indicted Attorney General of Texas, Ken Paxton, (which we explained in great detail on yesterday's BradCast), 18 GOP controlled states have now joined the Lone Star State in support of tossing out the election results in Wisconsin, Michigan, Pennsylvania and Georgia, despite any evidence of fraud in those states that could possible overturn Joe Biden's certified win in each of them. But, much less reported today, is the fact that more than 20 U.S. states and the District of Columbia have joined those four targeted states in opposing the corrupt Paxton's transparent effort to win a pardon from the corrupt Trump, before the FBI drops new federal charges for bribery and abuse of power on the Texas AG.

Yes, the Texas case is absurd and offers an unprecedented, radical interpretation of the U.S. Constitution in hopes of stealing the election for Trump. As Pennsylvania's Attorney General, Josh Shapiro, has correctly argued, "The Court should not abide this seditious abuse of the judicial process." But we also now have an unprecedented, radical bunch of Justices sitting on the bench at SCOTUS. Anyone who tells you they know how those Justices will rule on this case is simply making things up.

In the meantime, there remain very real concerns about Georgia's voting system, just not the phony ones that Team Trump and the MAGA Mob have decided to focus on (read: lie about.)

Today, for the first time since before the November 3rd election, we're joined by voting systems expert MARILYN MARKS, Executive Director of the nonpartisan, good government watchdog group, Coalition for Good Governance. As a plaintiff in the long-running federal lawsuit seeking to bar Dominion Voting Systems' new, unverifiable touchscreen systems from use in the state, Marks has been one of the longest and loudest critics of both the private Canadian-based voting system vendor and the state's Republican Sec. of State Brad Raffensperger who contracted them. (Her same federal suit already resulted in a federal judge, last year, banning the use of the state's 20-year old, unverifiable Diebold touchscreen systems.) Raffensperger defied both election integrity and cybersecurity experts by purchasing Dominion's unverifiable $100+ million systems instead of a hand-marked paper ballot system as recommended by the experts. And now, Team Trump is exploiting Raffensperger's ill-considered decision to make all sorts of unfounded claims about them.

That said, because these systems are unverifiable, it's next to impossible to know that they accurately recorded the intent of any of the voters who are forced to use them at polling places across the state --- something that Marks (and us) warned about long before Republicans decided to pretend they were concerned about "election integrity" and invented a ridiculous worldwide conspiracy led by Dominion to steal the election from Trump.

In addition to cribbing from and bastardizing some of The BRAD BLOG's decade-old, independently verifiable investigative reporting about Dominion to create their ridiculous conspiracy regarding Venezuela's dead President Hugo Chavez helping to steal the election from Trump, the same MAGA Mob has been stealing from and lying about Marks' long-running federal law suit to try and make their case in court.

"We have seen, in Sidney Powell's lawsuits, fabrication after fabrication," Marks tells me. "I sit there and read these documents, cringing at the lack of facts. They even take things from our documents, like experts' reports, then add craziness to them, literally change facts that were attested to by our experts and make them completely false."

In light of all of that, among the question Marks speaks to today: Is there any evidence that Dominion Voting Systems touchscreens or tabulators were, in fact, used to flip votes from Donald Trump to Joe Biden in Georgia? Her answer may surprise you! If you've listened to The BradCast while we've covered this issue with Marks and others for years, it may not surprise you.

We have covered Georgia on this program and at BradBlog.com so long and in so much detail for a reason. The state, she notes "has been the poster-child for all that is wrong with US elections. It's all concentrated here. And now it's the center of the universe."

Marks also speaks to whether Americans and residents of Georgia should have confidence in the reported results from the November election, and what if anything, can be done to ensure confidence in the results of the critical January 5th U.S. Senate runoffs in the state.

For those with actual concerns about those runoff elections --- which doesn't actually seem to include many of the Republican sore losers complaining about the November results and an evidence-free "Dominion Conspiracy" --- Marks asks listeners to urgently, and politely, email both the Speaker of the GA House, David Ralston, and GA's Sec. of State Raffensperger to urge them to allow HAND-MARKED paper ballots for all voters at the polls in the upcoming runoffs. She argues that there is still time for that to happen in every county, even as Early Voting begins on Monday. "They can make a quick switch to hand-marked paper ballots. All they need are a few thousand black ballpoint pens. They just need to hear from the nation that this time we want a non-controversial election."

We also ask Marks (a now former Republican herself), whether or not there are at least a few Republicans who might end up finding legitimate interest in joining the fight for real Election Integrity after their current partisan interests in Trump's election eventually fade away. While a private company like Dominion should never have the type of control they now have over our public elections, neither should the much larger ES&S firm or the smaller Hart-Intercivic, just to mention the three largest corporations who have arguably been allowed to usurp our public elections with unsecure, poorly designed, easily manipulated, non-transparent, computerized voting and tabulation systems.

"I hope that maybe one piece of good is that the Republicans are now suddenly concerned about software, and they are concerned about transparency of other processes," she observers. "They're suddenly interested in election administration that before, they seemed to have assumed was just going to work for them. So, hopefully we will get better transparency out of this. But we're going to have to go through the crazy period first, I'm afraid."

Finally, we're joined by Desi Doyen for our latest Green News Report, with mostly disturbing news, as usual, on the state of our climate and environment, but some really really encouraging news at the end, that we'll use to make ourselves feel much better on another insane day like today...

Download MP3 or listen to complete show online below...

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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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Lone Star State's corrupt Ken Paxton hopes to nullify millions of American votes in 4 states, undermine democracy, win a Trump pardon as prize...
By Brad Friedman on 12/9/2020 7:47pm PT  

"We will never surrender," Donald Trump told his brain-poisoned MAGA Mob over the weekend in Valdosta, Georgia after the American people decisively voted for him to lose the 2020 Election. "We will only win. We're gonna win. We always win. Somehow we find a way to win," he declared. Of course, a "win" for Trump, as we detail on today's BradCast, would require the nullification of tens of millions of lawful votes to undermine democracy and the will of the American people in order to steal the election. Trump is all in for that, as he made clear yet again today. [Audio link to full show is posted beneath summary.]

In the meantime, the Trump Campaign lost yet again in court on Tuesday night, as the Nevada Supreme Court agreed with a lower state court that there was no evidence of fraud that could have possibly reversed his loss to Joe Biden in the state by more than 33,000 votes. Team Trump has now lost more than 50 such cases in both state and federal court since Election Day, in no small part because they've failed to present any of evidence of "massive fraud" in any court, despite the false claims made by Trump dozens of times a day since then.

But he continues to try and strong-arm whoever he can --- the GOP leaders of the Michigan legislature, the Republican Governor of Georgia, the Republican leaders of the Pennsylvania House --- in hopes they will abet his unconstitutional coup. His latest "victory" in that Loser's Battle was a letter sent by about 70 members of the Pennsylvania legislature to the state's Congressional delegation to ask them to please disenfranchise every voter in the Keystone State by voting against accepting the state's 20 electors on January 6th. (Mark that day on your calendar, by the way. It's going to be a very long one. I explain why on today's show.) The Republican leader of the state Senate said she feared her house would be "bombed" if she had chosen not to sign the letter. (She didn't, but only because she wasn't given the chance.) Death threats come to all of those Republicans who do not cow to the MAGA Mob, no matter how Trumpy they may otherwise be, no matter how long they have already gamed the system to try and please him.

In Texas, the wildly corrupt, long-ago-indicted Republican Attorney General Ken Paxton, the state's top "law enforcement" official, is already facing state charges for securities fraud felonies and, more recently, eight of his top, very rightwing staffers left the office and informed federal officials that Paxton has been violating the law by using his agency to do favors for a political donor. The FBI is reportedly investigating the charges of bribery and abuse of office. Paxton could probably really use a preemptive pardon and quickly from this outgoing President. This week, he came up with just the ticket that is very likely to win one for him!

Paxton filed a lawsuit on behalf of Texas directly with the U.S. Supreme Court, seeking to toss out the results of the elections in four states --- Michigan, Wisconsin, Pennsylvania and Georgia --- claiming changes to their voting laws due to the COVID pandemic violated the U.S. Constitution. Coincidentally, there are just enough electors in those states that if they weren't allowed to vote, or if they voted for Trump instead, he could "win" the second term that he clearly lost.

We explain the ostensible basis for Paxton's suit today, which relies on a radical reading of the U.S. Constitution to nullify any and all votes cast by voters based on laws or rules or regulations set by state Governors or Secretaries of State or Boards of Elections or even state courts, rather than state legislatures only. Paxton also tosses in some long-ago debunked fraud claims that even the Trump Campaign hasn't tried to argue in their own failed lawsuits (no, there were no "suitcases full of ballots being pulled out from underneath tables" in Atlanta), and some bullshit "commonly accepted statistical tests," just for good measure, claiming, for instance, that the chances Joe Biden could win all four states against a titan of Great Americanism like Donald Trump "is less than one in a quadrillion" according to "expert analysis".

But, in the Trump Era, facts don't matter. Convincing, muscling, threatening, strong-arming Republican stooges into doing his bidding is all that matters, even if those stooges are on Trump's stolen and packed U.S. Supreme Court. All nine Justices unanimously rejected another challenge that sought to toss out only 2.5 million votes in Pennsylvania on Tuesday. Hopefully they see through this similarly transparent attempt to steal the election and/or win Paxton a preemptive pardon for his federal crimes.

Of note, the Texas state Solicitor General, who would normally take the lead on big cases to be argued before SCOTUS, didn't sign Paxton's 154-page complaint [PDF]. Only he and his new chief deputy (the last one left due to concerns about bribes the AG has allegedly taken) and a private, outside attorney were willing to do so. That attorney is presumably being paid by the taxpayer dollars of Texans who already employ hundreds of capable attorneys in the AG's office who wanted nothing to do with this case, apparently.

Nonetheless, the terrified incumbent Republican U.S. Senators in Georgia --- both facing serious challenges from Democrats in two runoff elections on January 5 that will determine control of the U.S. Senate --- issued a statement of support for the Texas Attorney General's attempt to rob Georgia's own voters, even as their own state's Republican Attorney General described the TX complaint as "constitutionally, legally and factually wrong."

In other news today that doesn't concern pathetic simpering Republicans kowtowing to a desperate, wannabe strongman, the comptroller of New York State has announced plans to divest the state's enormous, $226 billion pension fund from the fossil fuel sector, sending shockwaves through Wall Street and a jolt of excitement through the climate movement. Desi Doyen joins us to explain why this is such a big deal.

Finally, we close with our latest Green News Report on the globe's hottest November since record keeping began; the Trump EPA's decision to help kill tens of thousands of more Americans each year on their way out the door; Denmark's decision to leave the rest of their fossil fuels in the ground, and much more...

Download MP3 or listen to complete show online below...

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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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'Poll Pad' systems made by KNOWiNK shut down, slow voting in several states; USPS ordered to sweep for undelivered ballots; Houston voters win again; World awaits election results...
By Brad Friedman on 11/3/2020 6:01pm PT  

I've got to be quick about this today, as polls are now closing on the nightmarish hellscape that is Election Day 2020. But, on today's BradCast, we cover some of the reported problems voters had around the country on Tuesday, thanks to failed voting systems in battleground states such as Georgia, Pennsylvania, Ohio and Texas. [Audio link to show follows below.]

Happily --- perhaps due to so many voters having already voted during Early Voting or by-mail --- there were far fewer problem reports today than in recent Presidential elections. At least as of air time. Frequently, problems don't reveal themselves until later. But, for now, we focus on a few places where voting systems went down entirely, preventing voters from voting in those states.

In almost every case it was related to the failure of electronic pollbooks made by a company named KNOWiNK, which produce the devices called "Poll Pads". Those systems seem to be behind the countywide shutdown of voting for the first several hours of Election Day in Spalding County, GA and in Morgan County, GA. Despite months of warnings from voting systems experts --- and a federal court order --- and the systems failing during the state's June primaries --- Sec. of State Brad Raffensperger did not make sure that backup paper pollbooks were in place. That meant that voters in Spalding could not vote at all for hours on Election Day. In Morgan, election officials were a bit more prepared, it seems. They were able to keep the process going, even if lines were a bit longer than hoped.

Similarly, when the Poll Pads failed in Ohio's Franklin County (Columbus), officials had backup paper pollbooks on hand, as ordered by Ohio Sec. of State Frank LaRose.

Early reports, overall, were that voting went largely smoothly in Philadelphia, in the battleground state of Pennsylvania that both Joe Biden and Donald Trump consider to be critical for their respective hopes of a victory.

But down in Texas, which is now also a battleground state, problems with the e-pollbooks in Upshur County prevented precincts from opening for several hours on Tuesday morning. That could not only affect the Presidential race, but the contest against loony incumbent Republican Rep. Louie Gohmert by Democrat Hank Gilbert in the state's 1st Congressional District. He spent hours in court today, helping to extend polling hours to try and make up for the early morning vote system failure.

Also in Texas, overnight, the far-right 5th U.S. Circuit Court of Appeals upheld a lower far-right lower court judge's ruling that dismissed a challenge to Harris County (Houston)'s ingenious drive-thru polling places, meant to help voters stay safe during the pandemic. The Republican plaintiffs in that case are hoping to reject more than 127,000 legal votes cast from cars in the state's largest county, a Democratic stronghold in the previously very "red" state.

MANY more details on ALL of the above and more on today's show, which closes with Desi Doyen and our latest Green News Report on the record-setting Hurricane Eta, now smashing into Nicaragua and possibly headed our way, and the stakes for humanity and the planet itself in today's Presidential Election....as the world anxiously watches and waits along with us...

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Also: Judge nixes GOP attempt to toss 127k votes in Houston; Power outages plague southern states with computer voting systems following hurricanes; Trump Camp operative gives away plan to steal the election...
By Brad Friedman on 11/2/2020 7:12pm PT  

On today's BradCast, on the final day before the deadline for casting a ballot in this year's elections (previously known as Election Day), we open the phones to listeners with their questions and concerns about this remarkable election, in which the President of the United and his party are actively filing lawsuit after lawsuit to try and have legally cast ballots thrown out. [Audio link to full show follows below.]

The Republican Party and Trump Campaign are hoping those cases make it all the way to Donald Trump's packed and stolen U.S. Supreme Court, where four Justices have already indicated they are willing to buy into a radical extremist legal theory that only state legislatures may create any rule or law when it comes to voting.

Thus, Republicans have filed in federal court in Texas to toss some 127,000 ballots already legally cast via drive-thru sites in Harris County (Houston), despite previous approval for this innovate voting plan (during a pandemic!) from the Republican Sec. of State and from several challenges heard by the state's all-Republican state Supreme Court. Nonetheless, the federal lawsuit filed by GOP activists late last week, seeking to toss those ballots, was dismissed today by a very rightwing U.S. District Court judge. The Republicans who filed the case, however, have announced they are appealing to the very rightwing 5th U.S. Circuit Court of Appeals.

This comes as top Trump Campaign spokesperson Jason Miller over the weekend, lied on ABC's This Week on Sunday about how electoral votes worked, and declared that Democrats plan to "steal" the election after Election Day. We explain his brazen lie and how even a number of his fellow Republicans are calling him out for it.

Also today, power outages following Hurricanes Zeta and Laura are still imperiling voting in a number of vote centers across the southern U.S., including in Louisiana, Alabama, Georgia and Mississippi. Sadly other than in Alabama, the vast majority of voters in those states (and in LA and GA, all of them, shamefully) are forced to use 100% unverifiable touchscreen computer voting systems when voting at the polling place, which require power in order for voters to vote at all. Just another reason why using computers instead of hand-marked paper ballots at the polls is idiotic.

After that, we open the phones to callers with questions about problems voting, concerns about the electoral college, and explanations as to why some of them are either planning to not vote at all or have decided to vote third-party this year (which also seems insane, given the situation this country, and planet along with it, are now in.)

And we also share one comment from this weekend from longtime, non-partisan Election Integrity champion Jim Soper of CountedAsCast.org and the National Voting Rights Task Force that is worth taking note of: "If you are finding it difficult to vote, vote on behalf of the 225,000 who can no longer vote. Or vote on behalf of our murdered brothers and sisters. Or vote on behalf of the billions of people world-wide who would love to have your American privilege, but don't. Or vote on behalf of Mother Earth. She's dying. ... Vote in their place. Think of it as their vote. A proxy vote, not your vote. Ask, how would they vote? Then honor them. Please vote, because they can't."

Well said, Jim. Thank you...Please vote. And don't fall for Trump's gaslighting about results at the end of Election Night. Thank you.

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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!...

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Several victories for pro-democracy forces in MN, TX; FL Guv's registration hacked in voter database; VT Sec. of State demands correction from SCOTUS following Kavanaugh's error-filled WI opinion...
By Brad Friedman on 10/29/2020 7:05pm PT  

As I discuss near the top of today's BradCast, we are now in what amounts to a Cold Civil War on Democracy in this nation. The greatest direct threat we have ever faced to our Constitutional Republic since the Civil War is now playing out in our ongoing election. [Audio link to show is posted below this summary.]

As it turns out, that threat to what Joe Biden describes as "the soul of our nation", does not come from a foreign power, but from the President of the United States himself and his party of henchmen and supporters who are now attacking the very core of our Republic: the right to vote and to have that vote counted as cast. That right is now under direct assault in a way not seen since the Jim Crow era. And while the GOP has been using the guise of preventing "voter fraud" to wage similar battles in recent years, they aren't even trying to hide their direct assault on democracy anymore. They are simply using every (so far, peaceful) means possible --- legal and extra-legal --- to try and prevent legal voters from voting and lawfully cast ballots from being counted.

Unfortunately, they have packed enough stooges onto their stolen U.S. Supreme Court at this point, that they may pull it off...unless the pro-democracy forces simply overwhelm them between now and the close of polls next Tuesday night. Get busy, people. Only the fate of the Republic and...yes, human civilization, as Desi Doyen highlights yet again in our Green News Report today, are at stake.

Among the stories reported on today's show, as our trench warfare coverage continues...

  • Good news for democracy in Minnesota! A federal judge has ordered a mercenary contractor hiring armed para-militia to stalk polling places to stand down after violating federal voter intimidation laws. The company, Atlas Aegis, must also reveal who has been funding their program. The case is a victory for plaintiffs including the Minnesota chapters of the Council on American-Islamic Relations and League of Women Voters, as well as the group Free Speech for People (FSFP) whose lawyers brought the case. We spoke with FSFP attorney Ron Fein last week on the show, the day after the voter intimidation suit was filed in federal court;
  • Good news for voters in Texas! A Trump-appointed federal judge has found Gov. Greg Abbott's exemption for voters and pollworkers to his statewide mask mandate to be in violation of the Voting Rights Act. Masks must be worn inside of all polling places across the Lone Star state of today's ruling. The victory comes not a moment too soon, after several polling officials have already become sickened, poll sites were closed due to sick workers, and maskless poll watchers were said to have been using their presence to intimidate minority voters. That, in a state where the Republicans who have long controlled it went all the way to the Supreme Court to deny almost all voters under the age of 65 the right to request an absentee ballot due to fear of the spiking coronavirus pandemic. It's also another victory --- and a reversal of fortunes --- for the good folks at FSFP, including Senior Counsel Courtney Hostetler, who spoke with us on the show about their case in September, when its outlook then appeared grim;
  • More good news for democracy in Texas! A $31 million effort to improve access to the polls in the nation's third-largest voting jurisdiction, Harris County, which includes Houston, appears to have paid off big time. NBC News reports that more voters have now cast ballots there during early voting than were cast in the entire 2016 election. The increased turnout is thanks to expanded and innovative voting options, such as Early Voting sites that stay open later, some that stay open for 24 hours, and drive-thru polling places. The County's stunning turnaround in a state with notoriously low voter turnout comes after Dems won every countywide office in 2018, increased the elections budget from $4 million under GOP control to $31 million now, and with the hiring of innovative, 33-year old County Clerk Chris Hollins in late summer. Naturally, state Republicans have been challenging virtually every innovation to make it easier for voters to vote in the state's largest county. And while Gov. Greg Abbott has succeeded in limiting ballot drop-off locations to just one per county (from a dozen previously planned for sprawling Harris County, which is larger than Rhode Island), GOP attempts to block drive-thru voting have been denied by the state's all-Republican Supreme Court. Another new case was filed by Republicans this week, however, seeking to actually invalidate the votes of more than 100,000 voters who lawfully cast drive-thru votes during Early Voting.
  • On Monday, the U.S. Supreme Court's issued an appalling ruling that blocks tens of thousands of lawfully cast mail-in ballots postmarked by Election Day from being counted in Wisconsin if they arrive after Election Day due to, for example, slowdowns in U.S. Postal Service delivery by Trump's new Postmaster General. Criticism from legal experts and voting rights advocates of the embarrassingly error-riddled concurring opinion filed by GOP operative turned GOP activist Justice Brett Kavanaugh was swift. We discussed that factually deficient and laughable concurrence with Slate legal journalist Mark Joseph Stern in detail on yesterday's show. Among the egregious errors in the opinion was Kavanaugh's citing of Vermont's election laws. The Sec. of State of Vermont has now written a letter to the Court in response, demanding that the opinion be corrected to include actual facts about the state's voting laws, instead of the phony claims Kavanaugh made as he works toward using his lifetime appointment on the Court to steal this year's election on behalf of the man who appointed him to it;
  • Finally, as mentioned, Desi Doyen joins us for our latest Green News Report, as a record fifth hurricane in a single season slams storm-weary Louisiana today; Trump opens the nation's last protected tropical rain forest to commercial logging; China and Japan vault ahead of the U.S. in their pledges to reach net-zero carbon emissions; and the case is made for Joe Biden to expand the Supreme Court if we are to have any chance of combating our swiftly worsening climate crisis.
  • P.S. The charming animated video of the Lincoln Project "Fairy Tale" we played at the top of today's show is here.

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Guest: Author and 'REDMAP' gerrymandering expert David Daley; Also: Lawyers hate Trump; Dems to boycott Barrett vote?; Federal court allows TX to reject mail-in ballots without contacting voters...
By Brad Friedman on 10/21/2020 6:56pm PT  

There's a lot to digest on today's BradCast, so I'll try to keep this teaser brief so you can just listen. [Audio link to show is posted below summary.]

First up, it turns out lawyers really don't like Donald Trump, even the ones he actually pays millions to work for him. In Congress, Dems vow "no more business as usual" on Amy Coney Barrett's nomination, but how much are they actually able to do about it? We may be about to find out.

And, as if it wasn't difficult enough to vote safely --- or at all --- in Texas amid the pandemic (or even before the pandemic!), still more vote suppression has just been ordered there by the radical rightwing judges on the 5th U.S. Circuit Court of Appeal.

A ruling like the one they've just issued to allow mail-in ballots to be rejected based on perceived signature mismatches (as adjudicated by non-handwriting experts) without contacting voters first to allow them to cure any perceived problems, is the type of voter suppression that might have been blocked in advance by Section 5 of the Voting Rights Act before it was gutted by the GOP-majority U.S. Supreme Court in 2013, in the infamous Shelby County case.

That ruling of a piece of with Karl Rove and the GOP's "Plot for Permanent Minority Rule", as expertly detailed by our guest today, author and FairVote.org Senior Fellow DAVID DALEY in his new must-read cover story for The New Republic this month. Daley unspools the full story of how the unlikely Republican voting rights hero, Rep. James Sensenbrenner (R-WI), partnered with Rep. John Conyers (D-MI) and voting rights icon Rep. John Lewis (D-GA) in 2006 to ensure the re-authorization of the VRA in full for 25 more years. Sensenbrenner held a dozen hearings with nearly 50 witnesses as Chair of the U.S. House Judiciary Committee, in order to compile some 12,000 pages of recent, compelling evidence of racially-based voter suppression that supported the need to extend the then 40-year old landmark civil rights law.

But that was before Karl Rove's successful scheme to gain GOP control of state legislatures in 2010 after that year's Census, in order to gerrymander "democracy" within an inch of its life for the entire next decade. And it was before the Republican SCOTUS majority ignored Sensenbrenner's work on the VRA entirely --- and a bipartisan 98-0 vote in the U.S. Senate to extend the Act --- in order to gut it.

The nation has been paying a very steep price ever since. Republicans in gerrymandered districts in Congress and state legislatures no longer worry about working and compromising with Democrats. Their only concern became primary challenges from the Right. So the party moved ever farther in that direction until arriving where we are today, when the idea of fixing the now-gutted VRA has become unthinkable --- just a few short years after it was re-authorized by a Republican House, Senate and President. The scheme also allowed opportunists like Donald Trump to take advantage of the lost protections for voting rights in gerrymandered state after gerrymandered state, which continues to haunt America's hobbled democracy today.

Daley discusses how all of this came about, how --- and if --- it can be corrected, and how he was able to get so many Republicans who now regret building the "Frankenstein monster that has devoured our politics" to speak on the record about those regrets --- as regular Americans pay an unspeakable price for it all.

"This was not caused by Donald Trump. It did not start with him," Daley tells me. "The fight over the vote has been deeply entwined in this nation ever since the founding of this nation. But these battles did not start in 2016. They will not end on Election Day 2020. And there is a real, deeply embedded, [GOP] minority rule that has been built atop a system that already advantaged Republicans geographically in the U.S. Senate and the Electoral College."

"This has been baked in to our politics for a long time. It's going to take a lot of time for us to get it out. This is a Census year. This is a redistricting year. So state legislatures and the next decade of maps are on the line again," he cautions. So, please VOTE and remember to vote ALL THE WAY DOWN THE BALLOT THIS YEAR! "There are more of us than there are of them," Daley notes, "but there are more of them on the Supreme Court than us, and that's a big, big problem."

And if that sounds like a heavy show, don't worry! Mel Brooks is here at the end to help calm your anxiety --- and mine --- just a little bit...

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Guest: Univ. of KY election law Prof. Joshua A. Douglas; Also: Trump's CA wildfire emergency disaster relief roller coaster...
By Brad Friedman on 10/16/2020 5:57pm PT  

If you're feeling a bit nauseous of late, hopefully it's not COVID. But it could very well be the effects of trying to keep up with the roller coaster of federal court rulings we've been reporting on The BradCast of late. Or it could be due to trying to keep up with the President of the United States changing moods every few hours these days, as he vacillates between vindictiveness and desperation just over two weeks from Election Day. [Audio link to today's full show follows below summary.]

On Thursday, Donald Trump refused a request from the Governor of California for a Major Disaster Declaration following the spate of record wildfires we've seen in the Golden State over the past month, amid record heat and drought fueled by climate change. Some 8,500 fires this year have resulted in more than 4 million acres burned this year alone --- twice the all-time record for the state --- with nearly 2 million acres scorched in six major wildfires over just the past month. A thousands structures have been leveled and 31 people have died in recent blazes, as five of the six largest fires in California history have taken place this year.

But Trump --- who despises California because we don't vote for him --- has long threatened to cut off FEMA emergency funds to the state, dismissing climate change as a cause, citing leaves and dead trees as the reason for the massive fires and demanding better forest management in the state. That, despite the fact that the vast majority of California's forests are federal lands, which are supposed to be managed by....the Trump Administration.

White House spokespeople spent Friday morning explaining that California's request for federal aid "was not supported by the relevant data that States must provide for approval and the President concurred with the FEMA Administrator's recommendation" against it. That recommendation, however, according to Trump's former DHS Chief of Staff Miles Taylor over the summer, was ordered by a cruel and vindictive Trump himself. But by Friday afternoon, just before air time, someone must have pointed out to Trump that more of his voters live in California than in any other state in the union. Or, they just told him how bad he looked, just over two weeks from Election Day, in refusing federal aid to people who have lost everything due to no fault of their own, especially in a state which had been running a $5.6 billion budget surplus until Trump's disastrously bungled response to the coronavirus resulted in a $54 billion deficit here instead.

It's clear that Donald Trump doesn't even care about his own voters, if they live in a state that won't help him win a second term. He cares about only himself. Period. But, whatever it takes. We're happy for the late breaking news that he finally reversed his cruel idiocy moments before airtime today.

Keeping up with the roller coaster of Trump's mood swings, however, is only marginally less nauseating than keeping up with the roller coaster of recent federal court rulings on voting rights this year! As we've been reporting over the past several weeks, in state after state after state, lower courts have general found in favor of efforts by Democrats and voting rights advocates to make voting easier and safer during the pandemic, as the Trump Campaign and Republican Party have sued virtually everywhere to prevent that from happening. But time and again, well-reasoned, Constitutionally sound rulings by U.S. District Court judges have been overturned at the appellate and Supreme Court levels, often in deference to state legislatures, or simply because SCOTUS has decided its too late to change an election rule or law, even not doing so might disenfranchise tens of thousands of voters in violation of federal law and the Constitution itself.

As University of Kentucky election law professor JOSHUA A. DOUGLAS, author of Vote for US: How to Take Back Our Elections and Change the Future of Voting, asks this week in a CNN editorial, if the courts are supposed to protect the right to vote, why aren't they doing so?

Good question, which Douglas joins us to discuss on today's program. He also has some good, if troubling answersto that question, which Amy Coney Barrett will not be making any less troubling when her SCOTUS confirmation is rammed through the U.S. Senate to seat her on the High Court before Election Day.

"It is frustrating," he tells me, "because the Constitutional right to vote is supposed to be one of our most foundational precious rights, and the courts are supposed to be a check on legislative majorities that try to rig the system, rig the rule of the game to keep themselves in power. That's the whole point of judicial review in these Constitutional cases involving voting rights, and the courts are refusing to do that right now."

But Douglas has good suggestions as well, for how we can begin to correct this sickening course that has resulted, in no small part, from the packed rightwing courts which have been stripping more and more rights from voters over the past decade or so.

"Congress does have the Constitutional authority to regulate elections in a lot of ways under Article 1, Section 4 of the US Constitution, referred to as the Elections Clause," he argues, "which gives states the first right in regulating elections, but says Congress may also alter or amend those regulations." Moreover, he continues, "we have to think on a long term strategy on enshrining the Right to Vote as a textual matter in the US Constitution. Because if these judges are 'textualists', then having explicit language conferring the right to vote, which the Constitution does not currently have, is a much stronger legal argument."

Finally, Desi Doyen joins us for our latest Green News Report, which --- speaking of Barrett --- examines the apparent climate science denialism of the Justice-in-Waiting, as revealed during her Senate confirmation hearings this week. And, just before we finish up today, the breaking news that the U.S. Supreme Court will be deciding whether Trump may violate the Constitution by excluding undocumented immigrants from Congressional apportionment following this year's decennial U.S. Census...

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Guest: Dark money researcher Lisa Graves on Sen. Whitehouse's Judiciary Committee revelations on the GOP's decades-long, $250 million Supreme Court-packing coup; Also: Good news for voters in VA, TX, AK!...
By Brad Friedman on 10/14/2020 6:56pm PT  

We begin today's BradCast with some good news from the courts, for a change, regarding voting rights in several states today, as the GOP's trench warfare to suppress the vote wherever they can continues, now 20 days out from Election Day. Then, it's on to the $250 million dark-money scheme that a closely interconnected conspiracy of mostly low-profile rightwing groups have orchestrated with Republicans in the U.S. Senate to pack the federal courts --- specifically the U.S. Supreme Court --- and push specific cases to them that are similarly rigged by "orchestrated amicus flotillas" to help achieve very specific results that just happen to benefit all of the well-moneyed interests involved in the well-orchestrated and well-funded conspiracy that made it all happen. [Audio link to show follows below.]

First, we go light before we go "dark". In Virginia, where a severed fiber optic cable knocked out online voter registration for the entire state on Tuesday, the last day to do so this year, a federal judge has granted an extra 48 hours for residents in the Commonwealth to sign up. You've now got until 11:59pm Thursday, Virginians! Get busy!

In Texas, where desperate Republicans are challenging absolutely every new measure instituted to make voting easier and safer amid the pandemic --- even going so far as to sue their own Republican Governor for extending early voting by one week --- a state court of appeals has tossed a case filed Monday by the GOP to block Harris County's plan for "drive-thru" voting. The case was filed just one day before Early Voting began in the state yesterday. Some 11,000 votes were reportedly cast from vehicles via curbside voting centers in Harris County's Houston on Tuesday, as implemented by the County's new, 34-year old County Clerk, Chris Hollins. Dem-leaning Houston has a population of 4.7 million and a geographical area larger than the state of Rhode Island. It is the nation's third most populous voting jurisdiction. A total of 10 drive-thru sites are planned for use during Early Voting. The court win comes as another too-rare victory for voters in the Lone Star State, where the GOP is desperately trying to block the demographic writing on the wall against them.

And, in Alaska, the state Supreme Court has upheld a lower court ruling that nullifies the state's witness signature requirement for mail-in ballots during the pandemic. The suit was brought by Alaskan Native Americans and voting rights groups who successfully argued that the requirement "impermissibly burdens the right to vote" while many Alaskans are quarantining alone during the crisis. The state's top election official, Republican Lt. Gov. Kevin Meyer, had appealed the lower court ruling all the way to the state Supremes...and has now lost. But voters have won.

Then, we head into the "darkness" following Sen. Sheldon Whitehouse (D-RI)'s remarkable, must watch revelations (transcript here) on Tuesday during the U.S. Senate Judiciary Committee's appalling and hypocritical push to ram through the confirmation of U.S. Supreme Court nominee Amy Coney Barrett before Election Day. In short, Whitehouse summarized the broad and insidious network of interconnected rightwing dark-money groups that select federal court judges for Republicans to nominate to the bench; quietly fund the PR campaigns to push for their confirmations; seek out specific cases to bring to those same judges for a desired outcome that enriches their well-moneyed interests; and then bury the Supreme Court with amicus briefs spelling out that desired outcome.

Whitehouse details the remarkable success that the groups have seen in recent years in not only packing the federal judiciary, including the Supreme Court, but in an 80 to 0 record of wins at the high court with partisan 5 to 4 victories in each and every case.

Teeing off the Senate Republicans' eagerness to push through Barrett's confirmation closer to any Presidential election in U.S. history --- despite vows from the party in 2016 that they would never support filling a Supreme Court seat during a Presidential election year until American voters have had a say in the matter --- Whitehouse observes near the beginning of his remarks that, in his "experience around politics, when you find hypocrisy in the daylight, look for power in the shadows."

Using charts and magic-markers to break down the sprawling case and evidence of the closely-allied, secretly-funded groups making up that "power in the shadows" --- from the Federalist Society (which promoted Barrett's nomination), to the so-called Judicial Crisis Network, to the Bradley Foundation to Donors Trust and the Koch Brothers --- the Rhode Island Senator neatly unfolds the very clear conspiracy that has successfully resulted in cases that benefit its dark-money funders to the tune of billions of dollars returned on their investments.

Much of Whitehouse's case cited evidence first revealed by the Center for Media and Democracy (CMD), a non-profit good government watchdog and research organization headed up for many years by LISA GRAVES, a former Deputy Asst. Attorney General at the U.S. Justice Department, a former Chief Counsel for nominations in the U.S. Senate, and a former Deputy Chief for the U.S. Court system. She still serves as President of the Board of Directors at CMD and is currently the Executive Director of True North Research.

With all of those qualifications, Graves is uniquely positioned to offer much more insight into Whitehouse's Tuesday revelations of the, yes, actual, decades-long GOP judicial conspiracy now in play; Barrett's qualifications for a lifetime appointment to highest court in the land; her performance during this week's confirmation hearings; and whether Democrats should expand not only the U.S. Supreme Court --- if they win both the Presidency and Senate majority in November --- but the lower federal courts as well.

Graves tells me that Whitehouse's remarks were "very, very important, because he was able to use this forum to shine a light on something that most Americans have no idea is going on, as part of this capture of our courts, which is really about changing our rights and doing it through judicial fiat." She explains that "that thirty minutes is really a class, a course, on understanding this puppet show that we're seeing with this nomination, of who is really calling the shots, and how this is happening."

She also offers a reaction to my own monologue from the top of yesterday's BradCast, in which I detailed the under-appreciated hypocrisy and judicial dishonesty of the late Justice Antonin Scalia, regarding his professed claims of "conservative" Constitutional "originalism" and "strict consructionism". Barrett worked hard during her opening statement on Monday to associate herself with Scalia's disingenuous judicial philosophy, citing the late rightwing extremist Justice, for whom she once clerked, as a model for own tenure as a federal jurist.

There is much ground to cover in all of the above with Graves, so I hope you'll tune in for this one!...

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Also: Touchscreen systems fail on first day of Early Voting outside Houston; Three Trump judges clear way for absentee vote suppression in TX; Online registration fails on deadline day in VA...
By Brad Friedman on 10/13/2020 7:03pm PT  

On today's BradCast: It's not easy keeping up with confirmation hearings for a new Supreme Court Justice on an already stolen Court just days before an election, even as disasters are already befalling voters at the polls, thanks in part to the GOP's already stolen Court. But we try our best. [Audio link to full show is posted below.]

On the morning of the U.S. Senate Judiciary Committee's first day of hearings to pack the U.S. Supreme Court by ramming Donald Trump's third nominee, Amy Coney Barrett, onto the Court before Election Day, AP unhelpfully parroted one of the GOP's favorite, if completely phony, myths. "Republicans will highlight Barrett's belief in sticking to the text of laws and the original meaning of constitutional provisions, both Scalia trademarks," the news service claimed. They may be "trademarks", but that's largely because Republicans have long propagated the myth, and the media, like the Associated Press here, are all too happy to help them spread it. In fact, those claims about Scalia --- and the notion that Republicans give a damn about "sticking to the text of laws and the original meaning of constitutional provisions" --- are lies. And easily proven as such.

None of that, of course, prevented the hypocritical Barrett --- who argued against seating a Justice on the Supreme Court during a Presidential election year, back when it was convenient for her party after Scalia's death in early 2016 --- from associating herself with false claims of "conservative" "originalism" or "textualism" or "Constitutionalism" or "strict constructionism" that Republicans have long enjoyed using to falsely characterize Scalia's so-called judicial philosophy and their own pretend assertions that they oppose "radical extremist judges" that "legislate from the bench", as the late Justice brazenly did himself.

In her opening statement on Monday, Barrett lashed herself to Scalia --- who she once clerked for --- by noting: "it was the content of Justice Scalia’s reasoning that shaped me. His judicial philosophy was straightforward: A judge must apply the law as written, not as the judge wishes it were. ... The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the People. The public should not expect courts to do so, and courts should not try."

As discussed in some detail on today's program, and as Scalia might have described it himself if you could catch him in a rare moment of truth-telling, that's all a bunch of "jiggery-pokery", "pure applesauce" and "bull-pucky". Scalia's position in 2013, in the SCOTUS case that gutted the landmark Voting Rights Act of 1965 --- and his outrageous explanation for it during oral argument --- reveal that Barrett's hero had little concern for the strict, constructionist, originalist wording of either the Constitution or the rule of law, even for an Amendment enacted over 100 years ago and a law adopted 98 to 0 in the U.S. Senate to enforce it, "by the political branches elected by and accountable to the People," as Barrett disingenuously averred in her opening statement. I explained that matter in 2013 and do so again on today's show.

If Barrett is as dishonest and misleading on the high court as she was in her opening remarks, Democrats would have more than enough reason to expand the Court to take back the majority they should have rightfully gained in 2016. In truth, they already do.

Speaking of gutting the Voting Rights Act, that 2013 SCOTUS outrage continues to undermine American democracy today.

Following lines as long as 11 hours to vote in minority-heavy areas of Georgia on its first day of Early Voting Monday, hours-long lines were also seen in urban and suburban parts of Texas today during the Lone Star State's own first day of Early Voting on Tuesday. As in Georgia, those lines were caused, in part, by still-unexplained programming failures on the touchscreen Ballot Marking Device (BMD) voting systems which Texas Counties like Fort Bend force voters to use when casting their vote at the polls, instead of hand-marked paper ballots.

The only way to cast a hand-marked paper ballots in many Counties in Texas is with a mail-in ballot. But those are seriously restricted in the state, largely allowing only those 65 and older to request them. Even there, however, Republican Gov. Greg Abbott has recently made returning absentee ballots in person more difficult by proclaiming last week that Texas counties may have no more than one single drop-off location for voters, whether the county has 4.7 million people (like Houston's Dem-leaning Harris County, which is larger in area than Rhode Island) or right-leaning counties like Rockwall, with a population of 105,000. After a federal court judge last Friday found Abbott's new directive unlawful because it forced absentee voters to travel farther and to more-crowded locations, increasing the risk to populations already especially vulnerable to the coronavirus, a three-judge panel on the hard-right U.S. 5th Circuit Court of Appeals overturned that finding. With an Orwellian flair, the panel described Abbott's proclamation as an "expansion" of voting rights. All three judges on the panel were Trump-appointees, packed onto the court by the Republican Senate.

Also today, on the final day of voter registration in Virginia, a fiber optic cable was cut, shutting down online registration entirely in the state. Democratic Governor Ralph Northam announced he'd like to make up for the lost hours by extending the state deadline for one of the busiest registration days of the year, but that only a court may do so.

Finally, Desi Doyen joins us for our latest Green News Report, with the fallout from Hurricane Delta in Louisiana in this year's record storm season and the at-times-ridiculous conversation about climate change during last week's Vice-Presidential Debate...

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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...

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Guest: Vote Common Good's Doug Pagitt; Also: More TX vote restrictions, bribery allegations against its A.G.; Biden calls for unity at Gettysburg...
By Brad Friedman on 10/7/2020 5:51pm PT  

On today's BradCast: A mess in Texas (several of them!), a call for unity from the Democratic Presidential nominee, and a newly discovered, scientifically-supported way to finally reach evangelical and Catholic supporters of Donald Trump and help turn them toward Joe Biden. [Audio link to full show is posted below summary.]

First, the GOP War Against Voting and Voters continues, shamefully, to gain ground in Texas as the all-Republican state Supreme Court, on Wednesday, nixed the Harris County Clerk's plan to send absentee ballot applications to all 2.4 million registered voters in the Democratic-leaning Houston area. That follows on the heels of Gov. Greg Abbott's proclamation late last week that no county may have more than one mail-in ballot drop-off location. (So, Dem-leaning Harris County's 2.4 million voters get just one drop-box in the nation's third most populous county stretching across 1,777 square miles...as do the 60,000 voters of GOP-leaning Rockwall County, on less than 150 square miles.)

Many of the new restrictions for the general election were not in place during this year's primary in the Lone Star State, which is just one of five that is not allowing expanded mail-in voting during the pandemic, thanks in no small part to its radically far-right Attorney General Ken Paxton. Among other efforts to prevent voting, he went all the way to the U.S. Supreme Court to prevent voters under 65-years of age from citing fear of contracting COVID-19 as a valid excuse for requesting an absentee ballot.

The Republican War on Voting in Texas is aided, no doubt, by the fact that Joe Biden is just over 3 points behind Trump, according to the RealClearPolitics' polling average today, in a state which hasn't elected a Democrat for President since 1976. Moreover, a large "blue" turnout this year could mean that Democrats finally take control of the state House of Representatives for the first time in 20 years.

But, here's the kicker, AG Ken Paxton, the man spearheading the state's war against democracy by claiming that loosening voting restrictions would violate state and federal laws and lead to massive "voter fraud", is himself under criminal felony indictment for securities fraud. He has been fighting those long-standing charges for years. But now, over this past weekend, 7 top executives in his own office --- including Paxton's own first assistant --- have asked federal law enforcement officials to investigate the state AG for what they describe as "improper influence, abuse of office, bribery and other potential criminal offenses."

Gov. Abbott says the charges by Paxton's own employees "raise serious concerns" and the AG's former top aide turned Congressman, Rep. Chip Roy, has called on Paxton to resign immediately. All of this comes as Paxton continues to suppress Texas voters while the federal lawsuit he headed up with 17 other state AGs to strike down the Affordable Care Act (Obamacare) in its entirely will be heard by the U.S. Supreme Court just ten days after Election Day.

So, yeah, it's a mess in Texas.

While it remains to be seen if Democrats can finally turn the Lone Star State blue --- especially with these extraordinary efforts by Republicans to block the vote --- Biden's lead over Trump continues to expand across the nation and most of the states considered to be battlegrounds, according to recent polling. But our guest today, DOUG PAGITT, Executive Director and Co-founder of the faith-based group Vote Common Good, believes an interesting new scientific survey carried out by his organization in consultation with human behavior experts from universities around the country, may have finally found a way to reach evangelical and Catholic voters who supported Trump in 2016.

Pagitt, a progressive evangelical pastor and, coincidentally, radio host at our affiliate station am950 KTNF in Minneapolis/St. Paul, is now on the road in five swing-states with Vote Common Good, a non-profit organization focused on reaching voters with the message that Americans can actively spread good in their own communities through the voting booth. He recently wrote an article for NBC News about his organization's fascinating polling of Christian voters in those five key battlegrounds --- Florida, Michigan, North Carolina, Pennsylvania and Wisconsin --- in August, revealing what he says is the key to turning enough Christian Trump voters in favor of Biden to flip at least four of those five states.

The ">survey [PDF] spoke to Catholic and evangelical voters about seven core virtues (kindness, generosity, humility, chastity, modesty, diligence and patience) and seven sins (lust, sloth, greed, wrath, gluttony, envy and pride), asking them to compare Trump and Biden. He explains how just one of those virtues --- or, in Trump's case, lack thereof --- was more central to any other vice or virtue in changing the minds of his 2016 voters.

"The one thing that causes someone to move away from supporting Donald Trump is his lack of kindness," Paggit explains. Surprisingly, it wasn't his many "sins," which were largely well known in 2016 during his race with Hillary Clinton. He goes on to explain why that is and how the group's surprising finding can effectively be used to reach out to your faith-based friends and family members who may now be on the fence or even still supporting Trump. His organization has even set up a way for you to reach out to those voters in swing states with postcards and yard signs that include the necessary message.

Please tune in for this fascinating discussion!

Finally, speaking of bringing people together, Biden attempted to do just that on Tuesday, in an effective speech delivered at the Civil War battleground of Gettysburg, PA yesterday. We close today's program by sharing some extended remarks from his address...

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

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

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

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

Download MP3 or listen to complete show online below...

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