Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Guest: Joshua A. Douglas on voting laws and a President's power to change them; Also: House panel to release Gaetz report; Trump's plan for reversing Biden climate, energy initiatives...
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Firefighters struggle to contain ferocious Malibu wildfire; The planet is getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Syria falls, S. Korea on the brink, Romania to rerun Prez election after Russian interference; Callers ring on whether Biden should issue preemptive pardons...
THIS WEEK: What Mandate? ... Cabinet Medicine ... Concept Plans ... Pardon-pocrisy ... and more! In our latest collection of the week's itty bittiest toons...
U.N. court to rule on landmark climate case; NC town sues Duke Energy for deception; S. Africa blocks new coal plants; PLUS: Global warming driving drought in U.S...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
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...
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...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
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...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
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...
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...
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...
"They wanted substantive change and were willing to burn it all down to get it." These words, from a neighbor in the rural north country of New York, describe the thinking of some who voted for Donald Trump. Some of these same voters had supported Bernie Sanders in the 2016 primary (more on that below).
Four years later, some have suggested we should shy away from Sanders, on the grounds that he cannot beat Trump. Election statistics, however, as well as current polling, reveal that he would, in fact, be a viable candidate. This is not the same thing as saying he will win. But, based on actual existing hard numbers that we can examine, he is certainly not "unelectable" as some critics have charged.
Bernie Sanders, having run for President in 2016, is the only Democratic candidate with a recent track record in presidential politics that can be used as a yardstick, unlike several of the other current front-runners such as Elizabeth Warren or Pete Buttigieg. So, let's look at what the raw numbers tell us about Sanders' electability against Trump, bearing in mind that this all could change when full-throated attacks are unleashed against him, as they inevitably will be against whoever wins the Democratic nomination...
Dems and Reps charge Admin has no evidence of 'imminent threat' before Soleimani assassination; Ukrainian passenger plane believe downed by Iranian missile; New study confirms new computer BMD voting systems should not be used in 2020; Trump guts landmark environmental rule...
On today's BradCast, a whole lot of evidence as to why Desi Doyen calls us "your early warning system". [Audio link to show posted beneath summary below.]
Among the stories covered today...
The deadly and dangerous fallout continues from Donald Trump's assassination of Iranian General Qassem Soleimani, with Democratic and Republican members of Congress from both the House and Senate, blasting the Administration for failing to provide evidence of an "imminent attack" which might have legally justified Trump's targeted killing of the second most powerful public official in Iran. Members who attended classified briefings by top Administration officials on Wednesday were outraged by the failure of those officials to provide the information they claimed they had regarding the killing. Without that information, Trump's targeted assassination of Iran's top military general was very possibly in violation of both domestic and international law. But are Democrats enraged enough to bring another article of impeachment over it?;
Not all Congressional members were upset by the classified briefing. Some, like Rep. John Rutherford (R-FL), charged that members such as Rep. Pramila Jayapal (D-WA), who claimed after the briefing that Trump "recklessly assassinated" Soleimani with "no evidence of an imminent threat or attack", was actually an "Ayatollah sympathizer" who was "divid[ing] our country" (Seriously. That's what he said. Rutherford's challengers this year are Donna Deegan and Christopher Eagle on the Democratic side, and 20-year Navy vet Dr. Erick Aguilar in the August Republican primary in the state.);
In related matters, as we surmised based on available evidence during yesterday's BradCast, U.S. officials today are now confirming their belief that the Ukrainian Airlines passenger jet that crashed minutes after takeoff from the airport in Tehran on Wednesday was, in fact, shot down by an Iranian missile. The crash killed all 176 on board just hours after Iran's non-lethal ballistic missile revenge attack on Wednesday in response to Trump's killing of Soleimani last week. Officials in the U.S., Ukraine and Canada (which lost 63 residents in the tragic disaster) believe Iran might have mistaken the passenger flight for a military response from the U.S. that night. Along with the 56 killed during a stampede amidst the massive funeral processions for Soleimani, the death toll of Trump's action has been extraordinary. How any of this has made Americans safer is anybody's guess;
In election news, a new, landmark study [PDF] was released this week by computer scientists, cybersecurity and voting systems experts at the University of Michigan. It finds that new, touchscreen computer Ballot Marking Devices (BMDs) --- which we have long been warning about, and which are now proliferating the country in advance of the critical 2020 Presidential election --- are "extremely unsafe" and vulnerable to undetectable hacking.
Most alarming (at least to those who haven't heard the same loud warnings from BradBlog.com and The BradCast for many years now) is that the researchers found that in a mock election, where they had rigged the new voting systems to misprint a voter selection on the computer-marked paper ballot printouts, more than 93% of voters failed to notice that their vote had been changed by the computer! 93%!
And yet, these all-new, vulnerable, 100% unverifiable touchscreen voting systems are now being deployed to battleground states like Pennsylvania and Georgia and North Carolina, and even to the nation's most populous voting jurisdiction, Los Angeles County, in advance of this year's elections! We explain the study's disturbing findings and what you can do to try and avoid having your vote lost to a touchscreen Ballot Marking Device in your home jurisdiction;
Finally, Desi Doyen joins us for our latest Green News Report, with some good news (coal plant shutdowns have save some 26,000 American lives!), scary news (new findings that Trump's EPA and FEMA are not prepared for disasters) and terrible news (the Trump Administration is announcing a new rule that would do away with most environmental impact studies before construction of major federal projects, such as roads, bridges and even oil pipelines!)...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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IN TODAY'S RADIO REPORT: Australia swelters through hottest day ever recorded Down Under; November 2019 was second hottest November on record; Ocean acidification accelerating off U.S. West Coast; Fracking costs far outweigh economic benefits, new study finds; PLUS: Goldman Sachs just says no to drilling in the Arctic... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Rich people and racing horses all made out better than renewable energy in Congress' budget deal; Coal baron Robert Murray funded climate denial as his company spiraled into bankruptcy; Puting pressure on the finance world could be one of the most effective ways to fight climate change; Trump’s crude bailout of dirty power plants failed, but a subtler bailout is underway; 20 carbon majors responsible for more than 20 percent of ocean acidification... PLUS: As corals suffer around the world, those in French Polynesia thrive... and much, MUCH more! ...
On today's BradCast: I've seen a lot of scams pulled off by the nation's largest (and, arguably, most failed) private voting system vendor over my more than decade and a half of covering Election Integrity in the U.S. But what ES&S is now trying to pull off in North Carolina may take the cake. It has also outraged a State Senator who is running for U.S. Senate in 2020 who joins us on today's show to discuss it. [Audio link to show follows below.]
First up today, however, a quick Impeachment update. Freshman Democrats --- both progressives and Blue Dogs --- have begun a campaign to have former Tea Party Republican-turned-independent Rep. Justin Amash serve as one of the House impeachment managers in the (most likely) upcoming impeachment trial in the U.S. Senate of Donald J. Trump. It's an excellent idea....which is why we originally suggested same as far back as May of this year.
Meanwhile, very late on Sunday night --- actually, very early Monday morning --- the House Judiciary Committee submitted its 169-page impeachment report [PDF] to the House Rules Committee, charging that Trump committed "multiple federal crimes" including bribery and wire fraud. The Rules Committee will pass that report on to the House Floor where a vote on two Articles of Impeachment on Abuse of Power and Obstruction of Congress is set to occur as soon as Wednesday. If all goes as generally planned, the Articles will be conveyed to the U.S. Senate for a trial to remove the President after the first of the year.
Over the weekend, Democrats, including House Judiciary Chair Jerrold Nadler and Senate Minority Leader Chuck Schumer, pushed back against Senate Majority Leader Mitch McConnell's recent admission on Fox "News" that he is coordinating "everything I do...with White House counsel" regarding impeachment. Nadler described McConnell's statements --- since Senators serve as supposedly impartial jurors in Senate impeachment trials --- as a "subversion of Constitutional order", noting that the Constitution requires Senators take an oath to do impartial justice before serving as jurors in such trials.
For his part, Schumer over the weekend sent a letter to McConnell requesting subpoenas for four Trump officials, including Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton, to serve as fact witnesses during the trial. If Republicans will not allow witnesses in the trial, some have called for Dems to hold off the trial until the courts determine whether subpoenaed witnesses must testify to Congress, or until after next year's election, should Trump be reelected.
But speaking of the possibility of Trump's reelection, we have been covering in detail the insane deployment of 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in jurisdictions around the country in advance of 2020. Most notably, battleground states Georgia and Pennsylvania tried them out for the first time in last month's off-year election and the systems failed miserably, even during sparsely attended municipal elections, with some voters being forced to wait for an hour to cast their ballot. In Northampton County, PA machines the new ES&S ExpressVoteXL systems recorded zero votes for a candidate who, as it turned out, actually received tens of thousands. Last week ES&S issued an apology for the disaster, taking at least some responsibility for having misprogrammed and/or misconfigured the systems that were used for the first time last month in Northampton and Philadelphia.
At the same time last week, it was revealed in an excellent investigative exposé by Jordan Wilkie at Carolina Public Press, that ES&S, who is submitted one version of their ExpressVote BMD systems for state testing and certification in North Carolina in early 2017, only recently notified the state that they don't have enough of those machines to supply the needs of the state next year. Coming after a two year testing process which ended with certification in August, ES&S is now seeking "Administrative Approval" to skip the state certification and testing process on an updated version of the system. That, even as they had told many other states long ago, according to Wilkie, that the system being tested in NC would not be available for 2020.
Incredibly enough, last Friday, the NC State Board of Elections voted to allow the "Administrative Approval" sought by the company of the new system which many are describing as a "bait and switch" by ES&S. More incredibly, it was passed by the SBE on a 3 to 2 vote, with the Democratic-appointed Board Chair joining with the Board's two Republican members to greenlight the new, untested systems, now set for use in Mecklenburg County next year. Mecklenburg is the closely divided swing-state's largest and most Democratic-leaning county.
We're joined today by STATE SEN. ERICA D. SMITH who has been outspoken and outraged by ES&S's latest scam, along with the SBE's willingness to go along with it. She tells me that the "Administrative Approval" is in violation of state law that she helped pass, and that she intends to take action to try and reverse last week's vote by the Board.
"Unfortunately, they [the Board of Elections] once again supported a machine that has not been tried and tested," she says today. "We passed a law that de-certified all of the older voting machines and required re-certification of the new models. So, in my opinion, they have broken the law or circumvented the law, and have further created disintegration of the public trust in our free and fair and secure elections in North Carolina." Smith calls for hand-marked paper ballot systems to be used instead, and describes falling for ES&S' bait-and-switch scheme and subsequent use of BMDs at this point as "unfathomable".
Smith, a three-term Senator and an engineer by training, also explains that verifiable and more secure hand-marked paper ballot systems are far more inexpensive than the system ES&S is pushing and that both the state Board and Mecklenburg County appear to be falling for. "We should not be substituting convenience for election security," she warns. ES&S "waited until the absolute last opportunity to tell us in North Carolina that they were not going to be able to meet the demand. But they knew that at the time when they accepted the bid." Smith rails. "Once again, it shows that ES&S is indeed a bad actor in this. They have compromised the integrity of this process and we should not let them get away with it."
Smith, a progressive Democrat, is also running for the U.S. Senate nomination in NC next year, vowing to forego all corporate PAC donations and hoping to take on Republican U.S. Senator Thom Tillis in November. She currently leads her closest competitor, Cal Cunningham, for the nomination by 5 points, according to polling last month, and bested Tillis in a head-to-head match-up by 7 points, according to a poll taken earlier this year. And yet, both state and national Democrats have endorsed her opponent, Cunningham. We discuss ALL of these various outrages during a very lively interview with Smith on today's BradCast!...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Guest: Prof. Philip B. Stark, inventor of post-election Risk-Limiting Audits on his resignation from e-vote 'watchdog' VerifiedVoting.org; Also: A tale of two KY Governors and one corrupt U.S. Senator...
On today's BradCast, we continue down the long and often-too-winding road toward democracy and justice. [Audio link to show is posted below.]
After some 14 hours of debate on Thursday, the U.S. House Judiciary Committee made history on Friday morning by voting along party lines to approve two Articles of Impeachment --- for Abuse of Power and Obstruction of Congress --- against Donald John Trump. It is only the fourth time in America's 243-year history for such a "solemn and sad" event. But Republican Senate Majority Leader Mitch McConnell couldn't even wait for this morning's vote before declaring out-loud on Fox "News" Thursday night that he intends to rig the U.S. Senate's impeachment trial. The Kentucky Senator (who is up for re-election next year) and leader of the Senators who will serve as jurors in the impeachment trial to consider removal of the President early next year --- presuming the full House votes to adopt the Articles next week --- boasted that he has been colluding with the accused in order to assure the Senate trial will be anything but fair.
Speaking of Kentucky and the importance of uncorrupted democracy, on his way out the door, now thankfully-former Republican Tea Party Governor Matt Bevin, who narrowly lost reelection last month in the otherwise "red" state to Democrat Andy Beshear, pardoned and/or gave commutations to 428 convicted criminals. Among those granted clemency are a convicted child rapist, a man who hired a hit man to kill his business partner, and a third who killed his parents. Perhaps most appalling, however, was the pardon for a home-invasion murderer in the second year of his 19-year sentence, after the man's family threw a fund-raiser for Bevin's campaign just last year. (His two accomplices, whose families did not donate to the Governor, remain in jail.)
By way of contrast, the new Democratic Governor, on his second day in office this week, restored voting rights and the right to run for public office to some 140,000 non-violent former felons, leaving Iowa as the only state in the union which still bans all former felons from voting for life. Yes, voting and elections still matter.
But the right to vote and have that vote counted accurately, in a way that we can know it has been counted accurately, continues to be an ongoing fight for Election Integrity advocates across the country as we are weeks away from the start of voting in the 2020 Presidential race. On Friday, several such groups filed a lawsuit in Pennsylvania to block the use of brand new, 100% unverifiable touchscreen Computer Ballot Marking devices made by ES&S, and set for use in the key battleground state next year, after the systems failed to correctly record tens of thousands of votes during last month's municipal elections. The suit seeks to block the new touchscreen systems from use and to require hand-marked paper ballots instead in at least 17 percent of the state, including Philadelphia. Failure in that much of the state next year would be more than enough to throw the results of the 2020 Presidential election one way or another in the critical swing-state.
After those new systems failed so catastrophically during their first use last month (as new, similarly unverifiable touchscreen systems did in Georgia on the same day), long-time, previously well-respected e-voting watchdog group VerifiedVoting.org seemed to help both elections officials and private vendors off the hook by endorsing so-called Risk-Limiting Audits of some of the computer-marked paper ballot summaries produced by the systems in both states.
That appears to have been the last straw for Verified Voting's Board of Directors member Prof. PHILIP B. STARKof UC-Berkeley. Stark, a math and statistics professor, as well as a Board of Advisors member on the US. Election Assistance Commission (EAC) is the inventor of the post-election Risk-Limiting Audit (RLA) protocol. He has been trying, in recent months, to make clear to elections officials and vendors that RLA's of computer-marked (versus hand-marked) paper ballots are "meaningless" [PDF], because its impossible to verify that they reflect voter intent. With Verified Voting jumping in to publicly praise GA and PA's use of such tests to proclaim that reported results accurately reflected voter intent, Stark submitted a blistering resignation letter [PDF] to the group.
The missive, which he shared with me on the night he recently sent it, decries VV's "whitewashing [of] inherently untrustworthy elections by overclaiming what applying RLA procedures to an untrustworthy paper trail can accomplish." He accused the non-profit, non-partisan organization of "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes." His resignation letter charged that the result of VV's action was "security theater, not election integrity."
Stark joins us on today's program to discuss the response to his resignation from leadership at Verified Voting and the other well-respected, world-class cybersecurity and voting systems experts who serve on its Board (many of whom have appeared as guests on The BradCast and sources for BradBlog.com over the years). "Verified Voting retracted a tweet that had claimed that Risk-Limiting Audits, or audits to be conducted in Pennsylvania, would confirm outcomes when they suffered from the same flaw that the audits in Georgia did," he says. "I think in general, the board and I are sorry to part ways. I would gladly go back, if they revised their public position with regard to what audits of an untrustworthy paper trail can possibly accomplish."
[Update: No sooner did we get off air tonight, than the resignation of yet another, very well-respected VV Board Member, Prof. Rich DeMillo of Georgia Tech and former Chief Technology Officer at Hewlett-Packard, became public as well. DeMillo's most recent appearance on The BradCast is here. His resignation letter and a story about it is now posted here.]
Stark also explains --- as I've been very skeptical of the efficacy of post-election audits for many years, for reasons described on the program --- how RLAs work and/or don't. He tells me what type of voting systems he believes to be best for the secure and overseeable casting and counting of votes in American elections (hint: no computers necessary), and much more, including a conversation about just some of the many dangers of computer Ballot Marking Devices (BMD) proliferating the country for 2020, and the ability for voters to cause chaos with them by reporting --- either accurately or not --- that the systems have misprinted their votes on Election Day.
"They're completely vulnerable to crying wolf. Even if an election official trusts public complaints that their votes were altered or contests were missing, then their only recourse is to run a new election, and that opens the possibility for people colluding to cry wolf and have an election invalidated. In the other direction, the incentives are stacked in favor of election officials saying, 'well, it was probably just voter error, we're going to let it stand.'" That, argues Stark, is exactly what we saw last month in Northampton, PA, when elections officials and ES&S claimed that "just by re-tabulating the paper that was printed by technology that malfunctioned big time, they can figure out who really won. It's farce."
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Impeachment debate continues in House Judiciary, Newspapers are in support; First 2020 ballots go out in two weeks; St. Louis County, MO's easy move from touchscreen to hand-marked paper ballots...
Desi and I are back for today's BradCast --- (thanks for saving us over the past three day, Nicole Sandler!) --- as the House Judiciary Committee's debate over two Articles of Impeachment against Donald J. Trump continues and with the first ballots for the 2020 elections set to be mailed out in just over two weeks. That, even as many jurisdictions around the nation are still choosing between gambling on faulty new electronic voting systems or moving to safe, verifiable hand-marked paper ballot systems. [Audio link to full show follows below.]
Among the stories covered today...
Dems continue to make Trump's reelection easier for him with fresh compromises in Congress, including approval of his new Space Force military branch and expanded paid parental leave for millions of federal workers (as also supported by Trump);
The (so far) two-day markup of the Democrats' two Articles of Impeachment against Trump continued into Thursday after opening statements on Wednesday night. We share some notable and pointed clips from Democratic Reps. Steve Cohen (TN), on the President's attempts to undermine American democracy itself; Pramila Jayapal (WA), who accurately describes Trump as "the smoking gun"; and Veronica Escobar (TX) who offers a great analogy to explain how Trump's attempt to force Ukraine to help him in the 2020 election would have landed any other public official in jail;
In an attempt at fairness, we searched for hours (and hours) to find remarks from the Republican minority that were not comprised of blatantly false claims, wholly misleading information and/or out and out lies. We failed. We did find Rep. Ken Buck (R-CO), however, apparently characterizing 2016 Green Party Presidential candidate Jill Stein as a "Democrat" and falsely claiming that she filed "a frivolous lawsuit...claiming voting machines were rigged in three states" in 2016. She did no such thing. Nor did anybody else to our knowledge. But that's the sort of knowingly fake news Republicans are now using to try and defend their President from impeachment. They are also claiming that "Abuse of Power" and "Obstruction of Congress" are not actually high crimes and misdemeanors (which would likely come as a delightful surprise to Richard Nixon);
Three years into his Presidency, major newspapers are now finallyjumping in to support Trump's impeachment --- now that he is already being impeached. That, after many of those same courageous outlets called for Bill Clinton to resign from office within just days of a sex scandal that resulted in his own impeachment. But we do offer some well-deserved kudos to the American Conservative magazine, for their non-hypocritical support of Trump's impeachment, find the case to be "Overwhelming";
As to what We, The People, can do about all of this, the first ballots of the 2020 Presidential Primaries will be sent out as early as December 28, just two weeks from now, for military and overseas voters participating in New Hampshire's February 11 primary. And voters from more than a dozen states which are holding Super Tuesday primaries on March 3rd --- including Alabama, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont and Virginia --- will begin receiving Vote-by-Mail ballots in just over a month, as of January 18. That's before the Iowa Caucuses on Feb. 3 or the New Hampshire primary on Feb. 11;
Nonetheless, there are still many jurisdictions around the country fighting to determine exactly which voting systems they will be using at the polls in the 2020 elections. Recent failures of brand-new touchscreen voting systems in Pennsylvania, Georgia and Texas should spook officials and voters alike, even as officials in the battleground state of North Carolina are facing big problems with their plans to use similarly unverifiable systems.
Meanwhile, in Missouri, the most populous jurisdiction in the state, St. Louis County, was able to move seamlessly from unverifiable touchscreen systems to a brand new, completely verifiable, "Print-on-Demand" hand-marked paper ballot system last month with no complications, and at a saving of some $3 million for tax payers!;
Finally, Desi Doyen joins us for both good news and bad in our latest Green News Report, as Exxon is exonerated in a big climate fraud case, while 16-year old climate activist Greta Thunberg is named TIME Magazine's 2019 "Person of the Year"!...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Also: Bullock out; Hunter pleads guilty; Impeachment to run right up until 2020 voting begins; L.A. County Clerk still refuses to answer questions about new unverifiable touchscreen voting systems...
On today's BradCast: Don't say we didn't warn you. We'll keep trying. [Audio link to show follows below.]
Among the many stories covered on today's program...
Montana's Democratic Gov. Steve Bullock, who won reelection on the same statewide 2016 ballot that Trump reportedly won by 20 points that year, announced he is dropping out of the Dem Presidential nominating contest on Monday. His campaign also claims he will --- sadly (shamefully?) --- not be running for U.S. Senate next year, despite his proven ability to flip a statewide seat from "red" to "blue" at a time his country needs him to do exactly that. Also, former Pennsylvania Rep. Joe Sestak dropped out of the 2020 race over the weekend as well, though odds are you're even less aware of his candidacy than you were of Bullock's;
Wildly corrupt conspiracist and Trump supporter Rep. Duncan Hunter (R-CA) agrees to plead guilty --- rather than face trial in January --- in his criminal campaign finance fraud case in which he and his wife lavishly spent some $250,000 of campaign funds on personal expenses, while claiming, in some cases, that their spending was for veterans' charities;
The impeachment inquiry of Donald J. Trump moves forward, as the center of action will move from Rep. Adam Schiff's House Intelligence Committee to Rep. Jerry Nadler's House Judiciary Committee this week. The Trump White House continues to pretend they are not being allowed due process, as they informed Nadler on Sunday night that they refuse to participate in Judiciary's first hearing on the matter scheduled for Wednesday;
We then step through the process for Congressional proceedings on the matter as they are currently scheduled to occur over the next month, with Articles of Impeachment likely approved by the full House before year's end, followed by a trial on the removal of Donald Trump in the U.S. Senate beginning in January and leading right up to (or even beyond) the first votes being cast in the 2020 elections. The Iowa Caucuses will be on February 3, followed by the New Hampshire primary just one week later.
By March 3, more than a dozen states will be voting on Super Tuesday, including California. For the first time that day, here in Los Angeles County --- which, by itself, is larger than 41 states --- voters at the polls will be forced to vote on brand new 100% unverifiable touchscreen computer systems.
The new computers in L.A. are similar to the new, similarly unverifiable touchscreen systems that failed disastrously on November 5 this year during sparsely attended municipal elections in battleground states such as Georgia and Pennsylvania. In both states, failures of the new systems forced some voters to wait for nearly an hour to cast their unverifiable vote. (Imagine how things will go in a large turnout election...say in 2020.)
Over the holiday weekend, The New York Times finally noticed the disasters for voters in Philadelphia and Northampton County, PA nearly a month ago, where the new touchscreens registered an impossible zero votes for some candidates in certain precincts. The failures left voters and party officials alike wondering what went wrong, and if the numbers ultimately reported by the system actually reflected the intent of the voters. As we've been arguing for some time, it is impossible to know whether results accurately reflect any voter's intent on these systems, even as they are currently (insanely) proliferating in the U.S. ahead of the critical 2020 elections.
Are you ready for the potential disasters? We offer a few helpful tips on how to try and avoid them. But, otherwise, we hope you'll have at least heard our warnings --- if few from anyone else --- if things go as catastrophically as they well could next year in jurisdictions where voters are not able to vote on hand-marked paper ballots at the polling place.
(And, once again today, we are forced to detail some of the very simple questions that L.A. County's Registrar-Recorder/County Clerk Dean Logan refuses to answer about the new systems, either on the show in person or even via email.)
Finally, we open up the phones to some great (and chilling) calls on all of the above...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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With a brief break in the hot impeachment action, we're able to pick up on a couple of stories on today's BradCast that got buried yesterday, some breaking news from today, a continuing story that should have everyone's hair on fire right now (in advance of the 2020 elections!) and, sadly, the story that already has the planet on fire. [Audio link to show follows below.]
First, some quick news on today's school shooting in Southern California, north of Los Angeles, where a 16-year old shot five students from 14 to 16-years of age. So far, two are reported dead and the shooter is said to be in grave condition from a self-inflicted wound from his .45 caliber semi-automatic pistol.
On Wednesday, Trump lost yet again in one of his many different lawsuits seeking to block the release of his taxes to Congress and state prosecutors. The latest defeat was the refusal yesterday by the full U.S. Court of Appeals in D.C. to rehear his lawsuit seeking to block the U.S. House Ways and Means Committee's subpoena of his accounting firm, Mazars USA, seeking several years of his financial records. With that loss, the case will now almost certainly be going to the Republican's stolen U.S. Supreme Court (on which two of Trump's appointees now sit). And in Trump's separate and so-far-similarly unsuccessful suit in federal court in New York, seeking to block the release of tax documents from Mazar's in the state's criminal probe involving Trump's hush-money payoffs before the 2016 election to women with whom he was having affairs, his attorneys on Thursday officially filed their appeal with SCOTUS.
In elections news, former Massachusetts governor Deval Patrick, a conservative Democrat, has announced his late entry into the race for the 2020 Democratic Presidential nomination. And both Trump and Republicans are going all in to try and win the Gubernatorial runoff this Saturday in Louisiana, in hopes of avoiding another Kentucky-style embarrassment.
Last week, Trump went all in for KY Governor Matt Bevin, who reportedly came up a few more than 5,000 votes shy of defeating Democratic challenger Andy Beshear. Bevin refused to concede last week, however, requesting a recanvass that was carried out by the state today. The procedure --- essentially re-checking the same computer-reported numbers again --- resulted in few changed votes, unsurprisingly. So, Bevin finally announced his concession. But that came only after his election night claims of "well-corroborated" voter fraud, including thousands of illegally cast votes.
While his promise of evidence never materialized in the week since the election, Bevin recently changed his argument to focus on concerns about the state's electronic voting and tabulation systems. While there is scant evidence of problems on that score (all the other Republicans on the statewide ballot last week, other than the unpopular Bevin, won their races), his newly found concerns --- whether he actually means them or not --- regarding the difficulty of voters to oversee and have confidence in the accuracy of electronically-cast and tabulated results, should be taken to heart by voters of all parties. These concerns are real, and could have a devastating effect on next year's elections.
To that end, one need look no further than the many disasters we've been reporting on over the past two weeks that befell voters attempting to use brand-new touchscreen computer Ballot Marking Devices (BMDs) in the key swing states of Pennsylvania and Georgia last week. In the roll out of the new systems in those states, which many election integrity and cybsersecurity experts warned strongly against, many voters were unable to vote at all. Some faced hour-long wait times --- during sparsely attended, off-year municipal elections! --- followed by completely inaccurate results reported by the computers.
For example, some candidates reported receiving zero votes at some precincts in Northampton County, just outside of Philadelphia (which also used the same new systems last week for the first time, despite warnings from cybsersecurity experts, and had similar problems.) In a contest for County Judge in Northampton, a Democratic candidate for County Judge reportedly received just 164 votes out of more than 100 precincts reporting on Election Night. In fact, as a manual examination of computer-printed records revealed, he is believed to have received 26,142 votes instead.
Unfortunately, there is no way to know if even that number is correct on the County's new 100% unverifiable BMD systems, which are proliferating across the nation, including PA, the entire state of GA next year, and in counties in more than a dozen other states (including here in Los Angeles County, the nation's largest!) for 2020.
We're joined today by SUSAN GREENHALGH, a longtime Election Integrity champion who now serves as Vice President for Programs at the National Election Defense Coalition (NEDC). Following last week's disasters, her group has called for the immediate decertification of the 100% unverifiable ES&S ExpressVote XL systems used last week for the first time in Northampton County and Philly. Greenhalgh explains why such systems, which use touchscreens to help voters use a computer to mark and print "paper ballot"" summaries, should never be used other than as an assistive device for disabled voter who may choose to use one to help cast their ballot.
"What's really concerning about these ballot-marking devices is that there's been a false equivalency created by the vendors," she tells me. "And I think it's been accepted my many people in the election official administration space, and in the election community at large, that there's a paper record there, so therefore the voting system is verifiable. The problem is that all evidence that we have so far to go on, indicates that that the paper record [from] the expensive touchscreen ballot-marking devices is not actually verified by the voter. And that's the critical point." The NEDC advocates hand-marked paper ballots.
After years of working with elections officials and elected officials across the country, Greenhalgh offers her thoughts as to why so many of them --- Republican and Democratic alike --- continue to ignore the continued warnings from election integrity and cybsersecurity experts who strongly urge against the use of such systems, while listening instead to private vendors, such as ES&S and Dominion (the nation's two largest) who stand to make hundreds of millions from the sale of their poorly designed, oft-failed, easily-hacked, and completely unverifiable touchscreen systems.
"I've heard it said that we need a system that the Devil himself could run and you could still trust the results. It needs to be transparent, and verifiable to the electorate. And that means something that is auditable, that the voter knows that the election results are correct and that the officials can prove it." Greenhalgh argues. "There's no room for 'just trust us' in this. We shouldn't have to trust the vendors. We shouldn't have to trust the election officials. We should all be able to see and verify with our own eyes, through observation and auditing, that the election is being conducted in a fair and accurate manner, and in a secure way. Anything less than that is unacceptable in a healthy democracy --- or one that aspires to be healthy."
Greenhalgh, who is as concerned about all of this before 2020 as I am, says, however, that there is still time for jurisdictions to dump their expensive, unverifiable touchscreen systems in favor of much cheaper, far more secure, and completely verifiable hand-marked paper ballot systems. She also also explains why post-election audits of results cast on computer-marked ballot systems are worthless.
"Implementing hand-marked paper ballot systems, fortunately, can be done in very quick order," she says. "States have shown us they can do that, like Maryland and Virginia. So it's not too late to fix that. What we need is the will of the election officials to make it happen, and then it can be done."
Tune in for much more that you need to hear from this conversation!
Finally, we're joined by Desi Doyen with our 1001st Green News Report, with disturbing news on the enormous and raging Australian bush fires, climate-change fueled frigid weather in much of the U.S., Greta Thunberg's solar-powered voyage back to Europe, and the Trump EPA's latest --- and deadly --- attack on science...
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Guest: VA Delegate Mark Levine on Dems' new, long-awaited 'trifecta'; Also: Brand new touchscreen voting systems failed in GA and PA, while Dems saw a number of big wins in VA and probably KY...
On today's BradCast: There was much for Democrats to be delighted about in Tuesday's off-year elections around the country, though plenty for them to be remain very concerned about, including the failure of brand new voting system in several key battleground states. (Not to mention new charges of election fraud filed against Republicans in Ohio.) [Audio link to show follows below.]
We pick up today where we left off on yesterday's program, regarding disturbing voting disasters in several states, as nearly two-decade old touchscreen voting systems failed in Indiana, including flipping votes for at least the fifth year in a row, while brand-new, 100% unverifiable touchscreen voting systems being deployed in Pennsylvania and Georgia failed fantastically in several counties. Some voters were left unable to vote at all or facing long lines --- even during otherwise sparsely attended off-year municipal elections! Some candidates were left off of the electronic ballots all together and others found themselves with reportedly ZERO votes recorded on the all-new, way-better-than-the-old unverifiable touchscreen computer Ballot Marking Devices (BMDs) tested in both PA and GA before wide deployment for the critical 2020 Presidential election.
In GA, voters were unable to vote in 4 of 6 counties where the new $100 million Dominion Voting Systems ImageCast machines were test run in municipal elections, before they are deployed statewide to 7.5 million voters next year. The electronic pollbook systems that creates voter cards that must be inserted into the touchscreens weren't working properly on Election Day in those 4 counties, after they had worked fine during pre-election tests and early voting.
As to actual reported results from key contests on Tuesday, we break down a disappointing, if not completely surprising gubernatorial loss for Dems in Mississippi, a big apparent win for Kentucky Democratic gubernatorial candidate Andy Beshear and the challenge to that still-unofficial victory by the state's unpopular Governor Matt Bevin, and then the unequivocal success for Dems in the great Commonwealth of Virginia. There, a blue wave resulted in new Democratic majorities in both the House of Delegates and state Senate. The long-awaited victories, along with a Democrat already in the Governor's mansion, mean that Dems will enjoy a "trifecta" in Virginia for the first time in nearly 25 years.
We're joined today by DELEGATE MARK LEVINE, representing Virginia's 45th District (including parts of Alexandria, Arlington, and Fairfax County) in the House of Delegates. Levine, who ran uncontested for his third term on Tuesday, credits Trump, almost entirely for the rise of the Democratic Party in the once deeply-red state. "I like to say the only good thing Donald Trump has ever done in his life is help us win state legislative seats," he says, describing the President as "the gift that keeps on giving". He "fed our fire," he argues, adding that he believes the ongoing impeachment proceedings helped, rather than hurt, turnout for Democrats in the Commonwealth just outside of Washington D.C
We also discuss the effect that recently court-ordered un-gerrymandered maps had on flipping the two General Assembly chambers from red to blue on Tuesday, as well as the role the state's recent switch from hackable and unverifiable touchscreen voting systems to hand-marked paper ballots may have had, and whether Democrats will continue to support a state constitutional amendment for an independent redistricting commission now that they will be in control of both the Assembly and the Governor's mansion after the 2020 Census.
Levine, the longtime progressive radio host of "The Inside Scoop from Washington", breaks down a litany of long overdue policy agendas Democrats plan to undertake with their newly won majorities, including becoming the final state needed to ratify the Equal Rights Amendment (though legal battles await after their passage of the ERA).
"We're going to lead the way on gun safety laws. We're going to finally do something about climate change, which the Republicans have been fighting us on for decades. We're going to raise the minimum wage. We're going to do criminal justice reform. We're going to have non-discrimination for LGBT Virginians. We're going to improve education and teacher salaries, and workers' rights, consumers' rights, lower the cost of health care --- I'm really just getting started," he says, before explaining that "Democrats are unanimous" when it comes to expanding voting rights as well, including making it easier to vote with early voting, same-day registration and more.
"We're going to get past the Joe Biden wing of the party and into the Elizabeth Warren wing of the party," he vows. "Maybe some things on the further-most progressive edge, we might not have the votes for. But we're going to do a lot to change Virginia in a very blue direction"...
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Guest: Election Integrity advocate Jennifer Cohn; Also: Judge blocks FL GOP's attempt to disenfranchise felons (for now); MO's largest county finally moves to hand-marked paper ballots!...
On today's BradCast, the catch-up work continues! In the week since returning from my month-long forced hiatus due to a family emergency, we've been so busy with Donald Trump's insanity and impeachment inquiry and withdrawal of troops from Syria and attempt to award himself the contract for the G7 Summit at his own Florida resort (which he retracted over the weekend under pressure from Republicans), that we haven't had any time to discuss concerns about "Plan B". Specifically, concerns about voting systems in a whole bunch of states and counties where elections officials are, insanely, moving towards vulnerable, 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) in advance of 2020. [Audio link to show is posted below.]
We make up for a month's worth of lost time on today's show. But first, some actually encouraging news out of two different states. On Friday, a federal court judge placed a temporary injunction on Florida's new Republican-adopted law that prevents former felons from registering to vote, unless they've paid off all court-imposed fines and fees first. The judge ruled the GOP law, enacted by state lawmakers just after state voters overwhelmingly adopted a new Constitutional amendment to re-enfranchise former felons last November, essentially amounts to an unconstitutional poll tax. The ruling, for now, is limited and has a few caveats, but voting rights activists are hailing the decision.
In still more good news for voters, this time in Missouri, the St. Louis County Board of Elections last month (where I was born and raised), unanimously voted to move the state's largest county to a new, hand-marked paper ballot system for all voters, other than those disabled voters who choose to use an assistive electronic system, beginning this November. The move comes as a welcome safeguard for voters after the County allowed voters over the past decade to choose between touchscreens or hand-marked paper ballots at the polls, while subtly (and not-so-subtly) encouraging voters to use the unverifiable touchscreens. That good news would also make my late father very happy, given that he was also a proponent for hand-marked paper ballots, as made clear in an amusing 2006 BRAD BLOG entry, which we share on today's show.
The move in St. Louis, however, is contrary to similar choices being made in a number of key jurisdictions around the country, where officials are moving to unverifiable and hackable BMD systems before 2020. States such as Georgia, South Carolina, Delaware, and New Jersey are moving to these expensive and vulnerable systems, as well as key cities and counties in Pennsylvania (Philadelphia!), North Carolina (Mecklenberg County, the state's most populous) and California (Los Angeles County, the nation's most populous!)
We're joined today by journalist, attorney, Election Integrity advocate and Twitter activistJENNIFER COHN --- who has a new video presentation out today on the many concerns about private voting system vendors who have taken over our public elections, and on the desperate need for hand-marked paper ballots --- in hopes of beginning to catch up on much of the voting system news we missed over the past month!
Unfortunately, as Cohn details, other than in St. Louis, the outlook is pretty grim between now and next year, as even leading Democrats (hello, Sen. Amy Klobuchar!) seem to have a very difficult time fighting for the real security improvements necessary to protect our election system from adversaries --- both foreign and domestic --- before next year's critical Presidential election.
Cohn makes the crucial point that phrases other than "HAND-MARKED paper ballots" are, essentially, code words for unverifiable, hackable, computer-marked paper ballot summaries. Phrases often used by vendors, as well as election and elected official to confuse voters include: Voter-marked paper ballots, voter-verifiable (as opposed to veriFIED) paper ballots, back-up paper ballots (hello again, Sen. Klobuchar!) or simply "paper ballots", without using "hand-marked" before it. If you don't hear them say "hand-marked" first, they either don't know what they're talking about, or they're trying to put something over on you.
And, as Cohn notes, if they promise post-election audits to protect the integrity of the vote, but are doing so without using hand-marked paper ballots to "audit" with, they are also trying to scam you. At least according to the actual inventor of the post-election Risk-Limited Audit (RLA) protocol, Prof. Phil Stark of UC-Berkley, an opponent of universal use BMDs. He describes RLAs of computer-marked ballots as "worthless" and little more than putting "lipstick on a pig"...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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On today's BradCast: Questions about the results of a controversial do-over U.S. House election in North Carolina and about disturbing revelations from a secret reexamination of a wildly unsecure touchscreen voting system being deployed in Pennsylvania (and elsewhere) next year. [Audio link to show is posted below.]
At long last, NC's 9th Congressional District has held its do-over election, after a massive GOP Absentee Ballot Election Fraud scheme was uncovered to derail the contest last November. With a new Republican candidate, the very Trumpy state Senator Dan Bishop, and the same Democratic candidate, Marine vet Dan McCready (pictured above), the two faced off in the long-time Republican district on Tuesday. It had long been predicted to be a very close race, seen as a potential bellwether for 2020 and a referendum on Donald Trump, who, with Vice President Mike Pence, helicoptered into the district for last-minute rallies on Monday night.
According to the reported unofficial --- and unverified-by-any-human-being --- results posted by the State Board of Elections (SBE), the Republican Bishop defeated the Democrat McCready by just under 4,000 votes (a margin just over 2%) out of nearly 200,000 votes cast in the district, which is spread over parts or all of 8 counties. While Bishop's margin of victory is slightly more than 1% too large to allow for a candidate "recount", the county with the single largest share of the votes cast in the race is Mecklenberg, which forces voters to use 100% unverifiable touchscreen voting systems at the polls. So there would little to "count" there anyway. Most of the rest of the district votes on hand-marked paper ballots.
But even with the unofficial 2% spread, there may be reason for McCready's team to examine the results, despite his quick concession on Tuesday night after media outlets, using unofficial results, called it for Bishop. His quick concession followed a similar one last November, when he'd reportedly lost by less than 1,000 votes in a race that the NC SBE ultimately refused to certify due to the GOP election fraud for which seven contractors now face felony indictments. Given the fraud last time in NC09, and the importance that both Trump and the GOP had placed on this race in advance of 2020, one might think it appropriate to wait until all votes were at least canvassed by the state before conceding. Moreover, Democratic turnout during early voting outpaced Republican turnout by even more than it did during the very close race during last November's "blue wave" election.
But in a curious new twist, just before airtime today, another anomaly came to light, as shared with us by a listener that I detailed here with screenshots and video. As I break down at that link, video from MSNBC's coverage on Tuesday reveals that McCready, after leading in the vote count throughout the early part of the night after 52% of precincts had come in, was suddenly overtaken by Bishop once 55% of precincts had reported, according to MSNBC's chyron. While that's not unusual, what is unusual is that when it happened, McCready's vote tally actually DECREASED by more than 3,000 votes, even though more votes had supposedly been tallied! After that, Bishop retained a very similar lead for the rest of the night, ultimately "winning" by a margin just under 4,000 votes.
There could, of course, be a good explanation for the vote count appearing to go BACKWARD --- a typo at MSNBC, a transcription error at the SBE, a non-nefarious bad data transfer somewhere along the line --- we just haven't yet been able to figure out what it is yet. Bishop's total also decreased at the same point, but by just over 1,000 votes. If we do figure it out, of course, we'll let you know.
But those maddening anomalies underscore, yet again, the importance of the other big story we cover on today's BradCast out of Pennsylvania. There, a group of citizen election integrity advocates filed a petition some weeks ago demanding a re-examination of the state's newly certified ExpressVote XL voting system made by ES&S. The new 100% unverifiable touchscreen voting system (pictured above) was recently certified to be deployed in Philadelphia and other jurisdictions in the key battleground state of PA before next year's critical 2020 Presidential election. While PA's Acting Secretary of the Commonwealth Kathy Boockvar, did, in fact, carry out the new examination of the system, as required by statute, apparently she did so in secret, employing the same company closely tied to ES&S that carried out the initially flawed certification testing, and did so in another state entirely (Colorado) with no notice or public oversight for the first time in PA history.
We're joined again today by KEVIN SKOGLUND, Chief Technologist for the Pennsylvania-based Citizens for Better Elections. He is a cybersecurity and voting systems expert and was one of the petitioners who joined us several weeks ago after the state agreed to the new examination. Skoglund, along with other long time election integrity advocates both nationally and in PA are outraged by the secret testing which, he explains, failed to even examine 7 of the petitioners' 10 cited concerns.
"This is the same company that did the initial examination. So, we're asking the people who gave the opinion the first time to give their opinion again. It doesn't really make sense," he tells me. "It's not a second opinion like you might get from a doctor." Moreover, he explains, "This was only a two-day examination. The lab that's doing this is not experienced in cybersecurity penetration testing. This is a voting system test lab that tests for the functionality of voting machines...These things are very technical in nature and they require specialists." In this case, it is a company who is actually paid by the vendor, ES&S, to test their systems.
As to those concerns which the examiners reportedly did bother to review [PDF] (in secret), they confirmed the petitioners' concerns. Nonetheless, Boockvar went ahead and recertified the new systems, citing new, additional procedures she hopes to impart to pollworkers next year as protection against the very serious security concerns cited by the petitioners and confirmed during the re-examination. One such concern, for example, is that the computer-marked paper ballot summary card produced by the ExpressVote's touchscreen system for theoretical verification by the voter before it is cast, returns back through the very same printer path after it is approved by the voter. That, Skoglund explains, would allow the voting system to change the voter's vote after they believe they have verified it for casting and counting by an optical scanner. New, similarly computerized touchscreen Ballot Marking Devices being deployed in other jurisdictions, such as Los Angeles County and Georgia (and in many other states before next year) appear to feature the same extraordinary security flaw.
"It's the craziest thing. This voting machines prints the information that you've selected on the screen onto a piece of paper, and then it presents it for you to review. And then, if you decide that it's acceptable, that piece of paper travels through a printer again before it's stored. So if you had a voting machine that was malfunctioning or manipulated or hacked, it could change that paper record before it gets stored. They 100 percent confirmed it," says Skoglund.
Other problems with the PA system include the fact that, due to the way it stores computer-marked ballots, the ballot secrecy of voters may be easily violated. Skoglund suggests the fight against these systems is not over by a long shot, and that the coalition of election integrity groups with whom he is working are reviewing their options for litigation in the days ahead. "We're definitely not giving up. We are not done contesting the certification of this machine."
As noted at the end of today's program, the woeful story of the likely unverifiable election in NC-09 underscores the important work being done by Skoglund and others BEFORE these dangerously unverifiable and easily hackable voting systems are deployed for U.S. elections in 2020...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Just before airtime for today's BradCast, everything seemed to blow up at once (figuratively!) But we do our best to navigate through the most important explosions, including one that is likely receiving little coverage around the country. An astounding vote by the North Carolina Board of Elections --- led by a new appointee of Democratic Gov. Roy Cooper --- has allowed the certification of controversial, new, 100% unverifiable touchscreen voting systems in the state for the 2020 elections. The Board's vote was 3 to 2 against a motion that would have blocked the dangerous and expensive voting systems made by ES&S, with the newly-appointed Democratic chair voting with the Board's two Republicans to kill the motion. It had been put forward and supported by the two Democratic Commissioners and supported by virtually every public commenter who packed today's SBE meeting. We discuss that remarkable news and much more with our guest today. [Audio link to full show is posted at end of article.]
But first, a few of the other items blowing up in today's news that you have likely heard a bit more about than the very bad news out of NC today. The U.S. Supreme Court released a statement that Justice Ruth Bader Ginsberg has completed radiation therapy for a malignant cancerous tumor discovered on her pancreas at the end of July, but that there is no evidence of the disease remaining in her body at this time. The 86-year old Justice underwent surgery for lung cancer in December and was diagnosed with colorectal cancer in 1999 and pancreatic cancer in 2009.
Rightwing billionaire David Koch has died, according to his brother Charles. Collectively, the pair had raised and spent about $1 billion on elections and in support of almost exclusively Republican candidates and causes in recent years. Just last week, brother Charles was allowed to absurdly opine in a Washington Post op-ed that "both sides" of the political spectrum "have made it harder to come together as a country."
And, the Dow Jones took another 600+ point dive on Friday, after China announced retaliatory tariffs on U.S. goods and as Donald Trump pitched a tirade on Twitter in response. Not only did he announce intentions to double-down several times in kind today, but he also attacked his own Fed chair Jerome Powell by calling him an "enemy" of the U.S. and comparing him to China's Chairman Xi. But, that's not all. He then absurdly declared that he has "hereby ordered" U.S. companies to stop doing business with China and their 1.4 billion consumers. White House officials, as well as Republicans in Congress and rightwing business groups were reportedly left dumbstruck by the President's latest and increasingly unhinged Twitter pronouncements as he headed off to France for a G-7 summit with allies --- and as the market headed sharply "south" in response to it all.
With the figurative national cancer in the White House seemingly metastasizing quickly at this point, and with corporate media focused almost exclusively on the horse race elements of the 2020 Presidential election, we look once again toward the quickly deteriorating track conditions on which next year's horses will be running. That issue has received a lot of coverage on The BradCast over the past several weeks, if not from the rest of the media, including news of the federal judge finding Georgia's entire touchscreen voting system unconstitutional; voting and tabulation systems discovered online in at least ten states, including several battleground states, despite claims by elections officials and private vendors that the systems were never connected to the Internet; ransomeware attacks that have shutdown city government computer systems in 22 Texas municipalities over the past week; and the successful efforts by citizens in New York, Pennsylvania and Georgia to demand new security reviews of recently certified, hackable touchscreen voting systems.
But the wild twists and turns in the battle against the new systems in the battleground state North Carolina came to a shocking and disappointing conclusion today, after scores of citizens spoke out against the dangers of the new computer-printed, barcoded ballot system being unleashed in the state. While largely the only person to testify in favor of the systems was a representative of the company selling and servicing them, the State Board of Elections certified them for use anyway, with the help of the Board's new Democratic chair voting with its Republican Commissioners in a series of stunning 3 to 2 votes.
We spoke to a number of folks on the ground in NC today, who testified against the new systems, and they were both stunned and furious. Frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (a plaintiff in the successful federal case against Georgia's touchscreen voting machines) is a North Carolina resident who testified today. She sent me a statement just before airtime: "As a North Carolina voter I am embarrassed by the level of ignorance shown by three of the five members of the Board. The arguments they made wouldn't pass muster in fifth grade civics class." Another opponent of the new systems, Lynn Bernstein, an election security advocate, aerospace test engineer and ardent supporter of hand-marked paper ballot systems also spoke today and told me afterward that the new Chairman Damon Circosta "couldn't cite a single reason" for his vote, "other than he has confidence the new system will be fine."
We're joined today by longtime, award-winning journalist, columnist, documentarian and SMART Elections co-founder LULU FRIESDAT for her response to today's stunning news from NC, which she says she regards as a "coup" that will allow the new, unverifiable touchscreen voting systems next year in the closely divided battleground state of North Carolina as well as other jurisdictions such as Philadelphia and Los Angeles, unless the public can rollback this alarming trend.
"We have state after state after state --- we have this in Pennsylvania, in Philadelphia, we've had it in New York, they had it in Kansas --- it's the same ES&S machines. And now you're seeing it in North Carolina, where you have a vast majority of citizens coming to these Board of Election meetings saying 'We want hand-marked paper ballots! We want voting systems that we can trust! We don't want touchscreen barcode systems!' And the election officials are putting in place those electronic touchscreen barcode systems that are the exact ones that people are protesting against."
She cites broad donations by vendors to many of the officials tasked with selecting the systems and passing statutes which allow them.
We also discuss the disturbing news out of DefCon's Voting Village a week ago, where she witnessed new voting and electronic pollbook systems --- like the ones now set for use in NC --- being easily hacked by attendees in minutes time. "This is the third year that they've had a Voting Village, where they have voting machines that are in use in the United States available there. And each year it becomes more clear that really, every system is extremely vulnerable. There was not a single system there, to my knowledge, that was not penetrated in some way, or they didn't find vulnerabilities," Friesdat tells me.
And, finally, we discuss her newly-launched effort at SmartElections.US to help train and organize voters nationally to help oversee our own public elections via her new #CountTheVote citizens initiative to help people "get involved on a very local level" .
CountTheVote will be "training people who care across the country, in county by county, especially targeting states where we know this is really going to come down to the wire, swing-states, giving people the toolkits that they need and the skills and information they need.," she explains. "You can have conversations with your election officials to try to influence them to purchase secure voting equipment. Get other groups involved to start pressuring them. This is happening all over the country."
Finally, if it seems that the world is on fire of late, that's because it is --- both figuratively (see everything above) and literally, from the Arctic to the Amazon. We close with a few words on the troubling developments in the Brazilian rainforest where that country's Trump-like authoritarian climate science-denying leader, Jair Bolsonaro, is actually blaming non-profit groups fighting to save the Amazon rainforest for the global warming conditions and Bolsonaro policies that are actually helping to spark the massive fires in a region of the world that otherwise helps turn climate warning C02 into oxygen. At least it did before the record fires have become to consume the region...
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Guest: Cybersecurity journalist Kim Zetter on her jaw-dropping new exclusive finding battleground election systems vulnerable on the Internet despite claims to the contrary by elections officials, private vendors...
On today's BradCast: Elections officials seem to be panicking around the country, and for good reason. But their concerns may be coming a bit late...perhaps a decade or so too late, as virtually every aspect of our "public" elections in the U.S. --- from ballot programming to registration to voting to vote tabulation to election results reporting --- has now been allowed to have become largely taken over by private vendors and contractors, with little or no oversight from either state or federal officials. [Audio link to today's full show is posted at end of article.]
An exclusive analysis last month by AP found that virtually all voting systems currently in use in the nation's 10,000 separate voting jurisdictions in all 50 states run on software --- Windows 7 or earlier --- that will no longer be supported by Microsoft with regular security updates and patches as of January. That includes systems certified by the U.S. Elections Assistance Commission (EAC) from the nation's largest private elections vendors as recently as this year. Those newly certified systems still use Windows 7, which was released a decade ago in 2009.
Of course, the EAC's certification process --- for the few states which choose to follow federal voluntary (yes, voluntary) guidelines --- has been laughable for years. It focuses on usability and functionality, not security. Most systems in the U.S., if they are EAC certified at all, were tested to guidelines published by the EAC in 2005.
At a summit this week of elections officials and vendors, hastily convened by the EAC in Maryland in response to the disturbing AP analysis, officials complained about the lack of federal support and standards, and that financially strapped and technologically challenged elections divisions at both the state and local level are realizing only now that they are being asked "to take part in what is national security" with little or no help from the federal government. One official at the EAC confab reportedly complained: "We are talking about local communities having trouble funding roads and water bills, and now we want them to take part in defense against foreign and state actors."
Of course, it is not only nation-states like Russia that pose a threat to the security of America's vulnerable, computerized and privatized public elections, so do regular old Americans, as the recent hack by a woman in Seattle of more than 100 million customer records at Capitol One proved, along with the vulnerabilities in brand new voting and registration systems discovered by hackers in a few hours at the DefCon Voting Village convention last weekend in Las Vegas.
All of this comes on the heels of Thursday's federal court ruling finding Georgia's voting systems to be so "unsecure, unreliable, grossly outdated....seriously flawed and vulnerable to failure, breach, contamination and attack" that the judge declared the systems (which are similar to ones used in several other states) a violation of voters' Constitutional right to have their votes counted as cast.
But all of that might ultimately be small potatoes in light of longtime cybersecurity journalist and author KIM ZETTER's recent exclusive at VICE's Motherboard, finding that "Critical U.S. Election Systems Have Been Left Exposed Online Despite Official Denials". Zetter, one of the only journalists in the nation who has been covering these matters as long or longer than we have at this point, joins us on today's program to explain her jaw-dropping article which begins this way: "For years, U.S. election officials and voting machine vendors have insisted that critical election systems are never connected to the internet and therefore can't be hacked. But a group of election security experts have found what they believe to be nearly three dozen backend election systems in 10 states connected to the internet over the last year, including some in critical swing states. These include systems in nine Wisconsin counties, in four Michigan counties, and in seven Florida counties --- all states that are perennial battlegrounds in presidential elections. Some of the systems have been online for a year and possibly longer."
In many cases, she tells me, the elections officials seemed to have no idea that their systems were connected to the Internet by their vendors. As for the vendors' part --- in this case, the nation's largest, ES&S --- Zetter explains their bizarre claim that voting and backend tabulation and reporting systems connected around the clock for years at a time aren't really connected to the Internet at all --- and, even if they are, they are perfectly secure. Zetter and the data researchers found otherwise.
The systems found vulnerable on the net, she details, would allow a malicious actor to change unofficial election night results, official results, and the public reporting of the results themselves. Moreover, she explains, access to the exposed backend portions of these systems over the Internet could also result in malware being transferred to voting machines themselves. And all of this was discovered by a small team of researchers with little or no funding. No nation-state required, she confirms.
"If it was just a box on the Internet that was receiving the votes transmitted [on Election Night from the precinct] that would be a security problem in itself, not only because you could potentially alter those votes. They are unofficial results on Election Night --- and the officials results are taken from the actual memory cards in the voting machines. But if you can alter the unofficial results, that's going to create a lot of mistrust in the final outcome if they don't match," she says.
"But even if you don't alter those votes, that communication over the phone between the voting machine in the field and that backend server that's on the Internet creates a channel for infecting those voting machines. So, someone who could actually install that malware on that system on the Internet can design it in such a way that it downloads to the voting machines when they connect to that system. So the attackers can alter that voting machine in preparation for a future election."
"But that's not the only problem," she continues. "If that was the only thing that was on the Internet, that would be a concern in itself. What was remarkable is that ES&S acknowledged to me that they don't just put an empty box on there to receive the votes. Also connected to that Internet connection is the backend system for tabulating both the unofficial results on Election Night, and those official results that are later taken from the memory card."
"And the Election Management System is also connected. The Election Management System is used to do a lot of functions in elections. Among them is the actual programming of these voting machines before each election. So, if you don't get to the machines through that little receptacle that's connected to the Internet, you can get to that backend Election Management System and put in malicious code that then gets transferred directly to the voting machines before the next election."
But, of course, other than that, why worry, right? Well, Zetter has much more to say on that as well, including about Republican Senate Majority Leader Mitch McConnell's continuing efforts to block any and all election security measures in the Senate that might help shore up at least some of these concerns, including bills already passed by the House that would mandate hand-marked paper ballots for all voters. Even that, at this point, wouldn't fully protect against attacks on computer optical-scanners currently used in all 50 states to tabulate those ballots with little or no post-election audits to make sure they did so accurately...
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Callers ring in on the upcoming testimony of the former Special Counsel; Also: Are they nuts? More on the insane move to 100% unverifiable touchscreen computer voting in Philly and L.A. for 2020...
On today's BradCast, we open up the phone lines to listeners on a number of things, most notably to hear what listeners expect from this week's upcoming, long-awaited U.S. House testimony by former Special Counsel Robert Mueller regarding his 448-page report on Russia's involvement in the 2016 Presidential election and the ten or more instances of criminal obstruction of justice by President Trump detailed within. [Audio link to show follows below.]
Mueller's testimony during hearings on Wednesday --- three hours in the House Judiciary Committee and two hours before the House Intelligence Committee --- will be the last chance for pro-impeachment Dems to swing the sentiments of both the nation and Democratic leadership toward opening an official impeachment inquiry of Donald Trump before Congress leaves for its long 6-week recess next week. Callers ring on on what they expect and hope (or don't) from the proceedings.
As you can imagine, Democratic U.S. House Speaker Nancy Pelosi --- who, so far, has blocked an official impeachment inquiry by her caucus in the House despite Trump's multiple felonious High Crimes and misdemeanors and in defiance of 100 or so Democratic members on record calling for impeachment --- came up quite a few times today from callers, both negatively and, in at least one instance, positively.
Also on today's program, a quick recap from key points made during our important --- and, at times, gob-smacking --- interview on Friday's program with cybersecurity and voting systems expert Kevin Skoglund on the dangerous new 100% unverifiable touchscreen voting systems currently set for use in Philadelphia, in the key swingstate of Pennsylvania before next year's Presidential election, and how some of the new system's worst, most dangerous and unverifiable features are also found in the new 100% unverifiable touchscreen voting systems being brought into Los Angeles next year.
Thanks to citizen-led efforts like those by Skoglund and Citizens for Better Elections and the Protect Our Vote Philly coalition, the commonwealth of Pennsylvania is now reviewing its previous certification of the horrible and easily manipulated computer Ballot Marking Devices (BMDs) currently set for use in Philly. That re-examination may ultimately lead to decertification of those systems.
Meanwhile, here in Los Angeles, the nation's largest voting jurisdiction, The BradCast and BradBlog.com have been pretty much the only ones publicly yelling and screaming about the serious (and completely misunderstood-by-the-media --- see this ridiculous headline and article!) dangers of moving from hand-marked paper ballots to 100% unverifiable touchscreen BMDs in advance of the critical 2020 Presidential election.
We also discuss the fact that, in addition to being completely unverifiable and easily manipulated, the cost of BMDs systems is at least twice the price of hand-marked paper ballots systems. In fact, one caller rings in with information to tell me that the $200+ million price-tag I cited for the new systems in L.A. was actually a low-ball estimate, according to L.A.'s actual contract with private voting system vendor Smartmatic [PDF]. That contract, she notes, specifies the price for moving L.A. to these new systems will be closer to $300 million! That, in a county that could desperately use funds for things like housing tens of thousands currently living on the streets and long-overdue infrastructure improvements among many other things...
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On today's BradCast, some potentially good news for Philadelphia voters (and, thus, voters across the entire country), after a citizen led effort has resulted in the state of Pennsylvania re-examining its certification of a shockingly vulnerable --- and wholly unverifiable --- new touchscreen voting system selected by the city earlier this year (under questionable circumstances) for use in upcoming elections. [Audio link to show is posted below.]
But first up, before we get to our guest today and the astonishing election integrity nightmare against which he is working with a coaltion on the ground in Philly to try and save democracy there, a few quick news items to start the show. Those include the now-deadly, climate change-fueled heat wave bearing down on dozens of states and millions of Americans and the latest on the dangerously intensifying disputes in the Persian Gulf --- thanks to Trump pulling out of the landmark 2015 anti-nuclear deal.
Then, last May, Sen. Ron Wyden (D-OR) introduced a bill in the U.S. Senate that would mandate HAND-MARKED paper ballots for every voter in the country, to help hedge against the possibility --- some may say likelihood --- of manipulated or erroneous elections results, and to help assure that results are publicly verifiable after elections. His bill, the Protect America's Voting and Elections (or PAVE) Act of 2019 now languishes in the Senate, despite passage of a bill in the House that also mandates HAND-MARKED paper ballots for all, thanks to Republican Majority Leader Mitch McConnell's vow to disallow a vote on any election-related bills that might make our democracy more secure and overseeable in advance of the 2020 Presidential elections.
The White House has been similarly disinterested in improving election security and oversight, though Trump-appointed Director of National Intelligence, Dan Coats, the nation's "top spy" announced a new initiative today said to help the Intelligence Community coordinate their response to potential election manipulation, at least from foreign threats. Domestic threats, including from election insiders --- such as contractors from the private vendors who run much of America's elections, as well as simple programming errors or other manipulation by elections officials --- remain both as serious and much more difficult to guard against. Election protection ultimately comes down to public oversight, at the local level, of verified election results.
To that end, an Election Integrity coalition in Philadelphia this week has successfully petitioned the state of Pennsylvania to reexamine the Commonwealth's previous certification of a wildly dangerous and vulnerable new computer Ballot Marking Device (BMD) made by the nation's largest (and, arguably, most failed) private vendor, Election Systems and Software, Inc. (ES&S). The company's new ExpressVote XL is a 100% unverifiable touchscreen BMD system recently contracted for use by the Philadelphia Elections Board for use in upcoming elections, beginning with municipal elections this November and the Presidential contest next year.
We're joined today by KEVIN SKOGLUND, election integrity expert and Chief Technologist for the non-partisan Citizens for Better Elections, which, along with others in the Protect Our Vote Philly coalition petitioned the state for a re-examination of the ExpressVote XL. The costly voting and tabulation system --- one must be purchased for each voter voting at the same time in every precinct --- is described as a "universal" or "all-in-one" system, because one computer in the system is used to mark and print a voters ballot, and a second computer in the same system is then used to optically-scan and tabulate that ballot.
The system, chosen under a mysteriously truncated process by the Philadelphia Commissioners earlier this year --- "without any public or expert input" and with "no criteria for things like security, and resilience, and accessibility" as Skoglund tells me --- also violates state election code in numerous ways, as detailed in the citizen groups' petition to the state filed on Tuesday. Most alarmingly, however --- especially given the importance of Philly's one million votes to be cast in the crucial Keystone State during next year's Presidential election --- is a remarkable security design flaw in the ES&S ExpressVote XL.
In short (Skoglund offers more details on the show), the system allows the Ballot Marking Device's printer to change votes on the computer-printed ballot summary card before it is tallied but after the voter has already been given the opportunity to approve what was initially printed on the ballot summary card by the computer! In other words, of all of the terrible, 100% unverifiable BMD voting systems that Pennsylvania's Democratic stronghold of Philadelphia could have chosen, its City Commission chose the absolute most dangerous and unverifiable one.
"After this machine was certified in Pennsylvania, security researchers determined that there was a big flaw in these machines. That flaw is that they have a single paper path. It takes the blank piece of paper, it sends it to a printer, you make your selections on the screen, it prints those on the piece of paper, puts them back in front of the voter so that the voter can look at them and say whether or not they're happy with those selections. And once the voter says 'Yes, this is the ballot that I intend to cast, I am happy with these selections' and they press the button on the machine, it sends that card back through the same printer again before it goes to to the tabulator," Skoglund explains. "That means the machine has the opportunity to mark on that ballot --- potentially changing votes on it, invalidating votes on it, adding votes to it, basically changing what the voter cast." And, of course, the voter would never know.
While recent studies have found that most voters do not even bother to verify computer-marked paper ballots, and that of those who do, many do not notice if the computer has changed their selections, "The voter can do everything that's asked of them, do everything right, they can verify that ballot, and it still might not end up being the vote that gets cast. This is a violation of a fundamental principle of being able to audit these paper ballots. It's the whole reason we're going to paper ballots, to have good evidence of what the voter intended."
Skoglund explains, however, that it's not just Philadelphia preparing to use these systems in 2020. Other counties in PA are considering them as well, even though they are at least twice the price of a paper ballot system. Similarly states such as New Jersey and Delaware are moving to these same, horrible, unsecure systems. Elsewhere, jurisdictions from Georgia to Ohio to Kansas to Texas to Los Angeles are all preparing to move to only slightly less vulnerable (if equally unverifiable) BMD systems for 2020. That, instead of simpler, cheaper and actually verifiable HAND-MARKED paper ballot systems.
All of that is just part of what we discuss with Skoglund today that will likely leave your jaw hanging open as you wonder what the hell these people are thinking, and why it is that McConnell has disallowed Wyden's PAVE Act --- requiring HAND-MARKED paper ballots for all --- from becoming the law of the land long ago...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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About Brad Friedman...
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