Back-to-back killer storms in NW; Huge cache of 'rare earth' elements discovered in U.S.; Climate change worsened every hurricane; PLUS: NY revives congestion pricing...
Trump nominates fracking CEO, climate denier to head Dept. of Energy; Winters warming quickly in U.S.; PLUS: Biden heads to Amazon Rainforest to offer hope...
THIS WEEK: Pyrrhic Victories ... Cabinet Clowns ... Blame Games ... Sharpie Shooters ... And more! In our latest collection of the week's sleaziest toons...
NY, NJ drought, wildfires; GOP wins House, power to overturn Biden climate action; PLUS: Very high stakes as U.N. climate summit kicks off in Baku, Azerbaijan...
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...
On today's BradCast, guest hosted by yours truly, Angie Coiro of In Deep Radio, we talk protests from a micro and macro view. Jan McKim adds to her history of San Francisco Bay Area protest attendance with this past weekend's impeachment march. We'll hear her from-the-ground report.
Those marches will be followed up with sit-ins on Thursday telling Congress exactly how thrilled Americans are at the idea of losing their health insurance. Mike Hersh is with the organizers of both actions, the Progressive Democrats of America. We go beyond the specific action events to discuss the thread of economic justice underlying everything the Left is fighting for.
Then, the hashtag that took over Twitter and made the jump to mainstream media: #25thAmendmentNow. Dr. David Reiss of DMR Dynamics was an early advocate questioning Donald Trump's fitness for office (or lack thereof). While he acknowledges the popularity of matching Donny's quirks to diagnostic lists of personality disorders, he advocates eyes on the prize: official assessment and proper followup action.
Also today: why Germany has unfriended America; and - sorry, Cheeto - more people approve of impeaching Trump than of his performance. Once again, his tweets have triggered a precipitous drop.
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!
Desi Doyen and I will be off from The BradCast next week. (Angie Coiro will be guest-hosting for us during our much-needed break.) But we sure are being sent away with a mess in this country --- and in the world --- before the July 4th holiday. Though we still manage to find a few rays of hope today nonetheless. [Audio link to full show is posted below.]
Among the many stories covered on today's jam-packed BradCast...
After years of persistence by Rep. Barbara Lee (D-CA), a powerful U.S. House committee finally votes to repeal the post-9/11 "Authorization for the Use of Military Force" which has been used and abused by Presidents from Bush to Obama to Trump to deploy U.S. troops and military action across the globe ever since. Can it pass in the rest of Congress? (Lee was the only member of the House or Senate to vote against the original Authorization in 2001.);
A new heat record for planet Earth may have just been recorded in Iran, amidst the Middle East's latest deadly heat wave, just as scientists have been warning for decades;
The U.S. Senate recesses for the 4th of July without Republicans coming up with a plan to repeal and replace the Affordable Care Act that can earn 50 votes from their caucus. But a new scheme to repeal only is now being floated by a GOP Senator and it could make things very difficult for Democratic ObamaCare supporters when they return;
KAIT SWEENEY, Press Secretary at the grassroots Progressive Change Campaign Committee joins us to discuss their efforts and recommendations over the holiday recess to convince vulnerable GOP Senators to oppose the GOP plan to replace Obamacare by slashing Medicaid in exchange for billions in tax cuts to the rich. (And how to convince Democrats to push for a single-payer "Medicare-for-All" style system or, at least, a public insurance or Medicare buy-in option. "We are not going to go backwards," she vows.);
Dept. of Homeland Security admits, yet again, that they have done no forensic investigation of any electronic voting machines or tabulators anywhere in the country since the election, despite their repeated allegations that Russia attempted to manipulate the 2016 President race and despite the extraordinaryvulnerability of our easily-hacked, oft-failed computerized voting and counting systems;
The man running Trump's so-called 'Election Integrity Commission' (really a "Voter Suppression Commission"), Kansas Sec. of State and top GOP "voter fraud" fraudsterKris Kobach, shoots himself in the foot with his request to all 50 states on behalf of the sham Commission, for voter registration and voting record data, including private information such as Social Security number, birthdate, military status, etc., on every voter in the nation (which he also promises to make public). Also, yet another top Republican "voter fraud" scammer, Hans Von Spakovsky, is added to the President's Commission;
MSNBC's Joe Scarborough and Mika Brzezinski charge the White House attempted to blackmail them prior to Trump's horrible tweet about her this week, revealing again what a dangerous moment this is for the country under a twisted Presidency;
And, finally, Desi Doyen joins us for the latest Green News Report before we hit the dusty road over the July 4th holiday...
If you can hit our tip-jar to help us fill up the Prius tank once or twice over the next week, it will, as ever, be greatly appreciated! Enjoy the show and please have a safe and peaceful holiday!...
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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After concerns of a 'hacked' 2016 Presidential race and an unverifiable 'loss' in Georgia that again defied pre-election polling, Dems, the media and the American people are still missing the verifiable facts...
There are several basic election integrity truths that have escaped the attention of most Americans, even as they confront the scope of alleged Russian cyber intrusions into America's disparately run, local elections systems.
[Despite repeated assurances from U.S. officials that hackers didn't go so far as to alter vote counts, Department of Homeland Security officials concede that they failed to run an audit in order to determine whether the 2016 vote count had been manipulated by anyone, be they hackers, foreign or domestic, from Russia or anywhere else, or by election insiders whose direct access could facilitate a malicious, or even accidental, manipulation of vote totals. The mainstream U.S. media has also raised concerns that the United States, under the Donald Trump administration, is not doing enough to prevent hacking or manipulation of the 2018 and 2020 elections.]
The first basic election integrity truth is that, as The BRAD BLOG reported in 2009, following a stark presentation by a U.S. intelligence officer to the nation's only federal agency devoted to overseeing the use of electronic voting and tabulation systems, all electronically stored and/or processed data --- registration records, poll books, ballot definition scripts and, most importantly, computerized vote tabulators --- are vulnerable to malicious cyber intrusions.
"I follow the vote," CIA cybersecurity expert Steven Stigall warned members of the U.S. Election Assistance Commission (EAC) in a 2009 field hearing in Florida. "And wherever the vote becomes an electron and touches a computer, that’s an opportunity for a malicious actor potentially to…make bad things happen."
The second basic truth is that election system vulnerability is not confined only to malicious hackers, who may or may not be Russian. All electronic vote tabulation systems are vulnerable to election insider manipulation.
The third is that paper registration forms, poll books and hand-marked paper ballots are not, in and of themselves, vulnerable to electronic manipulation. (Paper ballots, of course, are not entirely risk free. Even before the advent of e-voting, there had been cases of ballot box stuffing. But it was the advent of central computerized/electronic tabulation that created a vulnerability to wholesale electoral theft by a "conspiracy" as large as one person, with little possibility of detection.)
The fourth is that the only way to ensure a transparent and verifiable count, one that can be overseen and confirmed the public, is to deploy what Brad Friedman aptly describes as "Democracy's Gold Standard": hand-marked paper ballots, publicly hand-counted with the verifiable results posted at each precinct on Election Night before ballots are moved to any other location.
The fifth is that the core issue in election integrity is not whether a given result is or is not the product of election fraud. Instead, as recently observed by Austria's Supreme Court, the issue is whether election officials have complied with procedures that are designed to ensure the integrity of a transparent and verifiable result.
Unfortunately, these basic democracy-sustaining truths, which have been judicially recognized in other nations, have been largely ignored by the U.S. mainstream media, the political leadership of both major U.S. political parties, and, critically, by our courts --- a point that truly came into focus with respect to the recent U.S. House Special Election in Georgia's 6th Congressional District...
On today's BradCast, we cover the reported results from Tuesday's U.S. House Special Elections in Georgia's 6th District and South Carolina's 5th, and whether anybody in America can or should have confidence in those unverified and unverifiable results as reported. [Audio link to complete, rant-filled show follows below.]
In both cases, the Republican candidates are reported to have narrowly defeated the Democratic candidates in very Republican districts. In both cases, the computer tabulated results are based on votes cast on 100% unverifiable touch-screen voting systems. In both cases, the results may be absolutely right or completely wrong. In both cases, absolutely nobody knows for certain either way. And, in both cases, if anybody tells you otherwise, they are either lying or don't know what they're talking about.
We do know, according to the state's reported results, that Democrat Jon Ossoff defeated Republican Karen Handel in GA-06 by a nearly 2 to 1 margin on the only verifiable ballots used in the race, the paper absentee mail-in ballots. Or, at least we can know that, if anybody ever bothers to check them against the computer tallies. But the rest of the race, run on 100% unverifiable touch-screen systems, will remain 100% faith-based, despite the fact that, as we reported in detail on Monday, the folks who program all of Georgia's voting and voter registrations systems (Kennesaw State University's Center for Election Systems, which is paid $750,000 a year to do so) left the system passwords online, unprotected, at their website since last August and perhaps much longer and then covered it up. Moreover, the Republican candidate in GA-06, the state's former Sec. of State Handel, also personally covered up security failures at at Kennesaw's Center for Elections during her term as the state's chief election official.
Other than all of that, why worry? Last night and today, Democrats and progressives have been continuing their internecine battles, blaming one another for a candidate who wasn't progressive enough (in GA), even as they blamed each other for a candidate seen as too progressive in many areas just weeks ago, after losing Montana's U.S. House Special Election.
I'd suggest, as I do on today's show (and last night on Twitter), that Democrats might be better served if they fought like hell for actual human oversight of our voting and vote-counting system before reloading their circular firing squad. But that's just me. In both GA and SC yesterday, those unverified results, if you believe them, do show a nearly 20 point swing towards Dems since last November's election. Similarly encouraging results have been seen in all of the special elections this year. That should be a good sign for Dems, even as a "loss" is a loss, no matter how one looks at it, and whether they actually lost or not.
Ironically enough today, in the U.S. Senate Intelligence Committee, top intelligence officials from the FBI and DHS testified in regard to concerns about alleged Russian manipulation of the 2016 election. Neither they, nor the elections officials who also testified today, seemed to know much of anything about the actual vulnerability of U.S. voting systems. Or, if they did, they certainly offered a whole lot of demonstrably inaccurate information about whether voting systems are connected to the Internet (they are), whether our decentralized voting and tabulation systems make it impossible to hack a a Presidential election (it doesn't), and whether actual voting results were manipulated in the 2016 President race (they claimed that they weren't, even while the DHS finally admitted they never actually checked a single machine or counted a single ballot to find out!)
On the other hand, one computer scientist and voting machine expert, Dr. Alex Halderman of the University of Michigan, also testified today and he actually knows what he's talking about, because he's personally hacked just about every voting system in use in the U.S. today, including 10 years ago when he first hacked the exact same 100% unverifiable touch-screen voting machines used in the state of Georgia during Tuesday's Special Election for U.S. House, the most expensive such election in U.S. History. As he explained in his prepared remarks [PDF] today, 10 years ago, he "was part of the first academic team to conduct a comprehensive security analysis of a DRE [touch-screen] voting machine." It was a Diebold touch-screen machine, the exact same type used in GA yesterday, as obtained from a source of mine and given to his crew at Princeton University at the time.
"What we found was disturbing," he testified (even as the Senators had no clue that he was referencing the same systems used yesterday in Georgia), "we could reprogram the machine to invisibly cause any candidate to win. We also created malicious software --- vote-stealing code --- that could spread from machine-to-machine like a computer virus, and silently change the election outcome." I broke that story originally at Salon and at The BRAD BLOG in 2006, but Georgia is shamefully still forcing voters to use the exact same hackable, unverifiable machines.
In his remarks shared on today's show, Halderman also testifies to the fact that machines thought not to be attached to the Internet actually are vulnerable to malware from the Internet, and that our decentralized and disparate system of computerized voting machines and tabulators provides no real safeguards against malicious hackers, whether they are from Russia or France or Cleveland or Atlanta.
Finally today, we close with a few listener calls on all of the above and Desi Doyen with our latest, sweltering, Green News Report...
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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State contracted e-vote and pollbook programmers at Kennesaw State Univ. told of vulnerability last year, covered it up, left files unprotected
Also: Unlawful U.S. war on Syria expands, incurs Russian wrath; Dem plan to slow GOP Senate's secret health care bill; Fatal anti-Muslim attacks in London, Virginia...
On today's BradCast, another blockbuster report confirms vulnerabilities in our nation's voting systems that I've been trying to warn about for more than a decade, and several other stories not receiving the dire attention merited this week. [Audio link to complete show is posted below.]
In advance of Tuesday's highly contested U.S. House Special Election in Georgia's 6th Congressional District --- the most expensive House race in U.S. history --- Politico Magazine's Kim Zetter offers an absolutely chilling bombshell of a report headlined "Will the Georgia Special Election Get Hacked?" She reports that gigabytes of unsecured data --- including passwords for e-voting system central tabulators, voter registration databases and much more were kept on a wholly unsecured web server, potentially for years, at Kennesaw State University's Center for Election Systems.
The KSU Center, as they describe on their website, was "created and charged with the responsibility of ensuring the integrity of voting systems in Georgia" since the state adopted its statewide, 100% unverifiable Diebold touch-screen voting system in 2002. Those same machines are still used there today, despite their age (they run on a version of Windows 2000) and massive, well-documented vulnerabilities to hacking and insider manipulation. Nonetheless, the Center for Election Systems has long been cited as a model for election administration by the U.S. Election Assistance Commission and is responsible for the security and programming of every 100% unverifiable touch-screen voting system, computerized central tabulator, and electronic pollbook used across the state of Georgia.
The unsecured data files at Kennesaw, according to Zetter, were discovered prior to last year's Presidential Election and reported to the Center, but were still available online for download without a password at the beginning of March this year, during the run-up to the April primary election in the GA-06 House race. The data may, in fact, have been available there for years, even as Kennesaw's Executive Director Merle King, who has spent years testifying in court on behalf of Diebold's systems, reportedly failed to inform GA Sec. of State Brian Kemp about the breach last year after he was informed of it. In fact, Zetter notes that he warned the outside computer security researcher who discovered it not to inform the state. GA's former Sec. of State, Karen Handel, is the Republican House candidate in the reportedly very tight GA-06 race against Democrat Jon Ossoff and is said to have repeatedly blocked a security analysis of the Center years earlier while serving as the state's chief election official.
When the results of the House contest are announced on Tuesday night --- whichever party's candidate is declared the winner --- it will be virtually impossible to know if the results are accurate or if even one vote cast on GA's 100% unverifiable touch-screen voting systems were recorded as per any voter's intent.
While many of the vulnerabilities in GA's terrible voting and tabulation systems have been publicly known for years, the fact that the security at Kennesaw's Center for Elections is even far worse than ever imagined is both new and absolutely chilling in regard to both Georgia elections, and all others across the country, as I explain in detail on today's program.
Beyond that nightmarish report today, we also cover two different fatal attacks on Muslims over the past 24 hours, one in London and one in Virginia (and Donald Trump's failure to comment on either of them); The new Democratic strategy to slow down progress on the Obamacare replacement bill being crafted by Senate Republicans in complete secrecy, without public hearings or amendments in advance of a possible floor vote on the controversial legislation before the July 4th recess; And, the U.S. shoots down a Syrian bomber over Syria in violation of international law and without any authorization (or complaint or debate) from Congressional Republicans or Democrats alike, even as the weekend incident has drawn the wrath and potential targeting of U.S. aircraft over Syria by its ally Russia...
Several other recent programs in The BradCast's series of reports leading up to the GA-06 U.S. House Special Election:
4/4/2017: Computer and e-voting expert Barbara Simons on the initial reports of a "massive breach" of the state voter database files at Kennesaw State University
5/8/2017: Garland Favorito of election watchdog VoterGA.org on the group's disturbing analysis of the central computer tabulator failure on the night of the April primary in GA-06.
6/6/2017: Election integrity expert Marilyn Marks on her lawsuit demanding hand-counted paper ballots in the GA-06 race.
6/12/2017: Diebold document whistleblower Steven Heller on Diebold caught lying in California in 2004 about the exact same machines still used in Georgia in 2017. (CA decertified them after Heller's disclosure.) And on the NSA analysis recently released by NSA contractor Reality Winner on spear-phishing attacks that may have allowed access to the voting system computers of election officials across the country prior to the 2016 Presidential election.
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In his April 1963 Letter from a Birmingham Jail, Dr. Martin Luther King, Jr., lamented: "Justice too long delayed is justice denied". No case underscores the civil rights icon's assertion better than the years long fight by North Carolina Republicans to keep unlawfully gerrymandered state and Congressional district maps in place, long after they've been repeatedly found by courts to be in violation of the law and the Constitution.
The tortured history of Covington v. North Carolina --- a "successful" challenge to the illegal racial gerrymandering of 28 of North Carolina's state House and Senate Districts --- exposes the injustice occasioned by Republican tactical delays. It is a strategy that, thanks to those racial gerrymanders, permitted Tar Heel State Republicans to retain overwhelming majorities in the legislature following last November's General Election –- 34-16 in the state Senate and 74-45 in the House --- even though, in the very same statewide election Democrats Roy Cooper and Joshua Stein were respectively elected governor and attorney general.
But a recent ruling by the U.S. Supreme Court should finally result in new maps, and Special Elections under them, in the Tar Heel State, where the maps have been in place for elections since 2012. Recent legal precedent and a political realignment are on the side of those seeking to force the state to finally carry out those new elections in 2017, rather than waiting for the 2018 mid-terms...
On today's BradCast, the latest testimony you probably already know about, and the Republican/Trump schemes on banking regulations, infrastructure and healthcare that aren't receiving nearly as much media attention. [Audio link to show is posted at end of article.]
Attorney General Jeff Sessions, in case you hadn't heard, testified before the U.S. Senate Intelligence Committee in open session on Tuesday, and pushed back strongly against what he described as the "secret innuendo" to smear him with the "appalling and detestable lie" that he colluded with Russia on behalf of Team Trump in any way. He said he did not violate his official recusal from the FBI's Trump/Russia investigation when he recommended that the President fire FBI Director James Comey, but then went on to refuse to answer a number of questions concerning his conversations with Trump, despite the fact that Trump has not invoked Executive Privilege for the conversations in question.
There were a number of heated exchanges with Democratic Senators on the Committee, including with one who accused Sessions of "obstructing" the Congressional investigation with his refusal to answer questions or provide a valid legal reason as to why. He also says that he is not aware whether there is a White House taping system that may have recorded Trump's one-on-one conversations with Comey, and that he has received no briefings as Attorney General on the allegations that Russian intelligence used cyberattacks to try and interfere in the 2016 elections.
We cover those hearings today, just completed before air time, before turning to a number of matters that have received far less attention by the media, with our guest DAVID DAYEN, author and prolific financial journalist for The Nation, New Republic, the Fiscal Times, The Intercept and elsewhere.
Among the topics we discuss: The stunning results of last week's UK elections and what it means for the UK, the US, and a what it may portend for a more progressive future for young voters in both countries ("The lesson is that you run on things that people can tangibly experience," says Dayen); The CHOICE Act ("A big ball of deregulation") passed by Republicans in the House last week to gut the modest banking regulations enacted in response to the 2007 global economic collapse (can it possibly pass in the Senate? And does the White House even want it to, given that they are already rolling back those same regulations on their own?); Trump's new scheme to invest in infrastructure, and how it's actually a very thinly veiled plan to privatize public assets, like the federal Air Traffic Control system ("Trump's plans for infrastructure are indistinguishable with privatization").
And finally today, more infighting among Democrats in Congress, as some members are the caucus move forward with a plan to impeach Donald Trump, as Dem leadership pushes back to kill, or at least slow down the process...
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On today's BradCast, things are not going well in the judicial system for Donald Trump. And, an election-related whistleblower joins us to offer insight into the undoubtedly agonizing decision of another election-related whistleblower who was arrested just last week. [Audio link to show follows below.]
The week is not starting off well for Trump in the courts. A second U.S. Court of Appeals has now upheld lower court rulings blocking his second Muslim "travel ban" Executive Order. The 9th Circuit Court of Appeals echoed a similar finding by the 4th Circuit Court of Appeals late last month. The new court loss comes on the same day that the Attorneys General of Washington D.C. and Maryland filed a lawsuit against Trump's alleged violations of the U.S. Constitution's Emoluments Clauses, prohibiting elected officials like Trump from receiving payments from foreign and state governments.
But he may have won one in Georgia where, late last week, a state judge denied and dismissed [PDF] a complaint [PDF] and motion for a Temporary Restraining Order [PDF] seeking to demand paper ballots at the polling place for next week's much-watched (and most expensive ever) U.S. House special election. That, as voters will still be forced instead to use 100% unverifiable Diebold touch-screen voting systems at the polling place instead.
Then, speaking of elections and Diebold's unverifiable touch-screen systems, we're joined by "Diebold Document Whistleblower" [PDF]STEPHEN HELLER who, while working at a law firm in 2004, discovered the company and its attorneys were lying to the state of California about having illicitly installed uncertified hardware and software into its unverifiable voting systems that were, back then, allowed for use in the state. The touch-screen voting systems were decertified by the state following Heller's disclosures, but he paid a stiff price for sharing attorney-client privileged documents with the media. The same system he blew the whistle on in 2004 will be use in Georgia for next week's Special Election, and Heller offers thoughts on that issue.
But Heller joined us specifically today to share his unique perspective on another election-related leaker/whistleblower, 25-year old NSA contractor and Air Force vet Reality Leigh Winner. Her arrest comes on the heels of the release of U.S. Army whistleblower Chelsea Manning, whose 35-year sentenced was commuted by President Obama before leaving office, to the seven years Manning served since her conviction.
Winner was charged [PDF] last week under the 1917 Espionage Act for leaking a "Top Secret" NSA analysis to the press, which asserted that, prior to last year's election, Russian intelligence had used spear-phishing attacks to try and gain access to the computers of election officials around the country. Those same computers are often used to program voting systems, tabulators and voter registration databases. Under the espionage charges, Winner will not be allowed to make her case to the jury as to why she leaked the classified materials, nor explain how she believed them to be in the public interest, said fellow NSA-contractor turned whistleblower Edward Snowden last week.
Heller offers his own insight into the difficult decision he believes Winner faced when deciding to leak the documents, and explains why whistleblowers like him are often forced to decide to do the wrong things for the right reasons. "I felt that the crime of violating attorney-client privilege in this single, isolated, discrete instance, was worthwhile --- that I had to get this information out to the public so that the people of California and the rest of the country would know that this corporation was diddling our elections," he tells me.
"I think the message in both Ms. Winner's situation and mine is essentially the same --- our elections are under attack. And we Americans can't be complacent. We must protect our elections. Keep them clean, fair, open, untainted either by corporations or foreign nations or our own politicians and elections officials."
"What is illegal is not always wrong," Heller goes on to explain, from his unique perspective on the agonizing choices that folks like him and Winner (and Manning, and Snowden, et al) face when deciding to do what they did. "There's no question that if she did indeed leak these documents, as is alleged, that was illegal. But is it wrong? Reasonable minds may disagree."
Lots of stuff in my conversation with Heller (who, by way of full disclosure, has become a friend and occasional BRAD BLOG contributor in his years since blowing the whistle on Diebold) is worth tuning in for today. Much more than I can detail here!
Finally, a major energy utility company in Virginia tries to help choose the winner of the state's Democratic gubernatorial primary on Tuesday, and an otherwise Trump-loving Fox "News" anchor charges Trump's problem isn't fake news or the media, it's Donald Trump...
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On today's BradCast, it was a day many have been anticipating for some time. Fired FBI Director James Comey testified in open session before the U.S. Senate Intelligence Committee on Thursday about his one-on-one meetings with President Trump, during which, he claims, Trump asked for "loyalty" during one meeting and asked Comey to help end the FBI's investigation into former National Security Adviser Michael Flynn in the other. Comey was fired by Trump shortly thereafter. [Audio link to show is posted below.]
During his written and opening statements, and subsequent Q&A with members of the Committee, Comey charged the Trump Administration with having "defamed" both him and the FBI, and lying about the reason for his firing, which he characterizes as an attempt to scuttle the Bureau's counter-intelligence probe into alleged Team Trump coordination with Russia both before and after last year's election.
Following today's testimony, Trump's personal attorney Marc Kasowitz claimed, once again, that Comey's testimony "completely vindicated" his client, and he otherwise vehemently rejected the assertion that Trump either demanded Comey's "loyalty" or sought to shut down the Flynn investigation.
Joining us for full analysis today is journalist and author Marcy Wheeler of Emptywheel.net. She offers a comparison to the breadth of this widening scandal and others she's covered in the past, such as the deliberate outing of covert CIA operative Valerie Plame during the George W. Bush Administration. "Dick Cheney was just so much more effective at coverup and abuse of power than Trump is," Wheeler quips.
Among many other points in our discussion today, Wheeler responds to Kasowitz' charge that Comey made "unauthorized disclosures of privileged communications" (he didn't, she explains); details the new revelations from Comey's testimony regarding his various meetings with the President and his contemporaneous documentation of those meetings; potential legal exposure for Attorney General Jeff Sessions and Vice President Mike Pence in this matter; whether we should have confidence in Special Counsel Robert Mueller's oversight of the still-widening probe; whether Trump himself is now being investigated for obstruction of justice (she says it's "clear" that he now is); whether any of it amounts to impeachable offenses; and the possibility --- raised several times during today's hearing --- that White House audio tapes of the Trump/Comey meetings may exist. "Lordy, I hope there are tapes," Comey declared today.
She also breaks down the bizarre testimony before the same U.S. Intelligence Committee on Wednesday, when the heads of the NSA and DNI, without any apparent legal basis or precedent, refused to answer questions about whether Trump had asked them to intercede into the FBI probe. "Just because Donald Trump is President," Wheeler tells me, "it has not changed the rule that you have Congressional overseers and you answer their questions."
Finally, near the end of today's show, news breaks out of the UK regarding Exit Poll results from Britain's parliamentary election, suggesting a stunningsurpriseloss of majority power for Conservative Prime Minister Theresa May and what is likely to be regarded as a huge victory for the Labour Party's Jeremy Corbyn, sometimes regarded as "Britain's Bernie Sanders"...
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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On today's BradCast, it's great to be back live at our flagship Los Angeles affiliate station, KPFK on the Pacifica Radio Network in Los Angeles after their recent fund drive. So we throw open the phones to listeners in celebration after several insanely busy news weeks! [Audio link to show is posted below.]
But, first, former FBI Director James Comey released his prepared statement [PDF] in advance of his much-anticipated testimony on Thursday before the U.S. Senate Intelligence committee. In the remarks, Comey details a number of his one-on-one meetings with and phone calls from Donald Trump, including the infamous "loyalty dinner" at the White House in late January and the similarly-infamous early-February meeting in the Oval Office, the day after National Security Adviser Michael Flynn was forced to resign, where Comey charges that he was asked by the President to end the FBI's investigation of Flynn.
We review the details of that prepared testimony, including Comey's confirmation that he did, in fact, indicate to Trump on three different occasions that he was not personally being investigated by the Bureau at the time. Trump's personal attorney cites that testimony to claim the President is "completely and totally vindicated" by it. Others, however, regard the testimony as "explosive" and as confirmation that Trump attempted to obstruct justice.
Also today, more on the leaked NSA analysis charging that Russian intelligence attempted to access the computers of election officials around the country after successfully sending spear-phishing emails to employees at a private voter registration firm. That rather rudimentary hacking effort just before last year's election, no matter who did it (as explained in much more detail on yesterday's show), may have allowed access for the intruders to the computers that program voting machines, results tabulators and voter registration systems around the country. Also, NSA whistleblower Edward Snowden's offers a response to the arrest of the alleged leaker, Reality Leigh Winner, and the charges filed against her under the 1917 Espionage Act.
Then, as just-retired Dir. of National Intelligence James Clapper charges "Watergate pales...compared to what we're confronting now," we take calls on all of the above and whether listeners believe Democrats should begin impeachment proceedings against Trump (as The Nation's John Nichols argued earlier this week on the show) or at least promise such proceedings if they are elected to the majority in Congress in 2018. We received some rather surprising answers to that question from callers, as well as in regard to the charges filed against Winner!
Finally, we're joined by Desi Doyen with the latest Green News Report on the swift and global fallout following Trump's decision to pull the U.S. out of the historic Paris Climate Agreement...
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On today's BradCast, the release of a leaked NSA analysis of alleged cyberattacks on voter registration systems and attempted intrusions into the computers of local elections officials just before last year's Presidential election underscore, once again, just about every warning regarding U.S. electronic voting, computer tabulation and voter registration systems that we've been yelling about for some 15 years on both The BradCast and at The BRAD BLOG. [Audio link to full show follows below.]
Today, we break down the specific details found in the leaked NSA documents published by The Intercept on Monday, how they highlight a much broader problem with the U.S. electoral system, and what the answer, at long last, must ultimately be in response to concerns about manipulated election results, no matter who the alleged or attempted culprit. (In this case, the U.S. intelligence services blame Russian military intelligence, which they deny. Either way, as detailed on today's show, it doesn't actually matter!)
On a not-at-all unrelated note, we are then joined by Marilyn Marks of the Rocky Mountain Foundation to discuss her lawsuit, filed with members of Georgians for Verified Voting, demanding hand-counted paper ballots for all voters in the upcoming, highly contested U.S. House Special Election runoff in Georgia's 6th Congressional District between Democrat Jon Ossoff and Republican Karen Handel.
Marks, a former Republican mayoral candidate turned long-time Election Integrity expert, details some of the many concerns spelled out in her suit (Complaint here [PDF], TRO Motion here [PDF]) regarding the state of GA's 100% unverifiable Diebold touch-screen voting systems, and the known cyberhacks, e-pollbook thefts and computer tabulator failures that have alreadyplagued the most expensive U.S. House race in history, where early voting is already underway in advance of the bellwether June 20 contest.
"There were so many things that have happened since March 1st," Marks explains, describing many of the problems that have already undermined this election. "As you've pointed out, these systems --- when you say they are 'unverifiable', what people need to understand by that, of course, is that there is no way to assure that the voter's intent is recorded. We know what the machines want to report. But there is no way to know what the voter intended to vote. We do know that with the evidence of a paper ballot. So, that is what we are telling the court, that this system has gone through so many problems. It was unverifiable to begin with. And now we have seen the instances of several problems, just in the last 60 days, that tell us there is no way that the Sec. of State and the county election officials should assume that the system is safe to vote on. They must presume the system is unsafe."
The plaintiffs request, she says, "is a simple one. And that is: let voters vote on paper ballots."
"The only practical answer is to go to paper ballots [and] hand count them," Marks tells me. "It would be very easy to do. We've had a professional estimate how long it would take --- less than an hour per precinct. It would actually be faster, cheaper, more efficient and far more transparent to vote on paper ballots in this simple election than it is to use the machines." Indeed, with just one contest on most of the ballots in this Special Election, hand-counting would amount to little more than separating ballots into two stacks, one for each candidate, and then counting each stack. It is what we have long described as "Democracy's Gold Standard."
Marks goes on to cite the concerns illustrated, once again, by yesterday's leaked NSA documents and argues: "You talk to any computer scientist, regardless of what party they are, you talk to any voting systems expert, I don't think you'll find a single expert, a single computer scientist who would say these machines even approach the point of being safe to vote on. And it has nothing to do with their politics."
"We must have transparent elections where the public can oversee the counting of the ballots. And in Georgia, there is no oversight. No one --- not the election official, not the public, not the campaign, not the candidate --- no one can figure out whether or not the ballots are counted right."
But does her lawsuit have a chance this late in the game, with early voting already under way? Tune in for her response to that and much more, including her thoughts on how GA's Sec. of State Brian Kemp, also a Republican, has responded so far to both Marks' complaint, and an earlier request, prior to the GA-06 primary, from dozens of the world's top computer security and electronic voting systems experts.
Yes, elections still matter. But, as computer security expert Bruce Schneier told The Intercept yesterday: "To the extent the elections are vulnerable to hacking, we risk the legitimacy of the voting process, even if there is no actual hacking at the time. It's not just that it has to be fair, it has to be demonstrably fair, so that the loser says, 'Yep, I lost fair and square.' If you can't do that, you're screwed."
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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On today's BradCast: Making history and breaking history. From historic worldwide climate pacts to nuclear arms treaties, from Trump and Russia to Nixon and the Soviet Union and back again. [Audio link to show follows below.]
First, in an historic Rose Garden speech on Thursday, President Donald Trump --- against the advice of world leaders, major American companies, and even many in his own Administration --- announced his intention of pulling the U.S. out of the historic Paris Climate Agreement. The landmark 2015 pact is signed by nearly 200 nations and was crafted as part of a 20-year U.N. effort to decrease greenhouse gas emissions that cause global warming, in hopes of avoiding the worst effects of man-made climate change.
Trump's announcement has largely been met with worldwidederision from China to India to Russia to the EU and back here at home. And his announced intention of "renegotiating" a different deal was quickly nixed today by France, Germany and Italy. We offer extended experts from Trump's remarks announcing his intention to withdraw, some much-needed fact-checking, and a look at where the tortured decision --- which will take four years and another Presidential election --- leaves the U.S.
But, as that unfortunate history was being made today, we also take a look back at historic parallels for the recently reported, and seemingly bizarre, attempt by Trump's son-in-law and top adviser Jared Kushner to create a secret back-channel line of communications with Russia during last year's Presidential transition.
Princeton University political history professor and authorJulian E. Zelizer, joins us to describe two different similar back-channels created with two different countries (including one to Russia --- actually, then, the Soviet Union) by Richard Nixon, both during his campaign and his transition.
One such line of secret diplomacy, Zelizer explains, turned out to be hugely successful for both the U.S. and USSR alike. The other...well, it didn't turn out so well, even as we've only learned details about both in recent years. Zelizer also describes the recent history of diplomatic back-channel diplomacy by Presidents other than Nixon and Trump, offers a few other uncomfortable parallels for the current President, and explains why Kushner's purported scheme to use Russian facilities to speak with the Kremlin is so bizarre, even, apparently, to the Russians themselves.
"Part of the idea that both Richard Nixon believed in, and his top National Security Advisor, Henry Kissinger, was that there needed to be a new approach to handling U.S. relations with the Soviet Union," Zelizer tells me. "The key to doing this was simply opening up the lines of dialogue. [Kissinger] sets up a back-channel, as it was called, to the Soviet ambassador, which is top secret. He believed this had to be done around the existing government bureaucracy. They were worried about leaks, they were worried about political push-back."
"Nixon was totally paranoid and frightened about the existing bureaucracy in the State Department, and to some extent in the Defense Department, and was really determined to try to do things --- which would ultimately lead to his downfall --- on his own. And to have these kinds of communications without the official government knowing what he was doing, and subverting him."
Sound familiar? In that case, as Zelizer writes at CNN, it was actually a huge success that eventually resulted in the SALT I Agreement to limit nuclear weapons in both nations. The other Nixon back-channel was far more nefarious, dealing with his campaign's attempt to scuttle peace talks by Lyndon Johnson in Vietnam before his election.
In both Nixon cases, it took years before we even learned about any of it. In the more recent case of Kushner and Russia, Zelizer notes, "There's a lot of uncertainty, both about context and the substance of this effort, which is why it is something that's raised a lot of suspicion and is the focus of an investigation. It's not the back-channel, it's what this back-channel was meant to do and why it was being put into place --- if it's true."
Finally, Desi Doyen re-joins us for special, breaking Green News Report coverage of, well...see if you can guess...
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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On today's BradCast, the Trump Administration leaks the suggestion that they, are indeed, planning to drop out of the historic 2015 world pact to limit the dangerous global rise of heat-trapping greenhouse gas emissions in order to prevent, or at least stall, the worst effects of climate change. [Audio link to show follows below.]
The comments from unnamed White House sources today that President Donald Trump plans to withdraw from the landmark U.N. Paris Climate Agreement are ricocheting across the globe. But will he really drop out? If so, what do leaders from the rest of the world --- friend and foe --- have to say about it? What do leaders here in the U.S. think? What do senior members of his own administration think? What will Trump's own voters think?
And how can it be that Republicans have been so wrong, for so long, even now, on the issue, including over the past decade when they insisted over and again that China and India would never be willing to cut emissions? (Both countries are willing and have each reaffirmed their commitment to the pact, despite Trump's threats to get out.)
How would the decision effect both the global climate itself and the United States' standing in the world? What are the costs financially of ceding leadership on issues of energy and climate, particularly at a moment when the costs of renewable energy like wind and solar are absolutely plummeting and even many fossil fuel companies (and even some coal companies!) are both recognizing the dangers of global warming and encouraging Trump to stay in the agreement with nearly 200 other nations?
What are Trump's legal options for getting out of the pact, and what the hell explains his grievance and bizarre affection for the dying and dirty coal industry, anyway? Oh, and what do ExxonMobil shareholders think about it all?
Those are just some of the many questions asked and answered on today's show, featuring Desi Doyen of The Green News Report, at this perilous moment in world history...
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On today's BradCast, yes, like yesterday, more huge breaking news mid-show. [Audio link follows below.]
But before we get to that, today, controversial, extremist and, perhaps, insane Milwaukee Sheriff David C. Clarke claimed today that he has been appointed to a position in Donald Trump's Dept. of Homeland Security. If true, his appointment would be disturbing. Not only given the number of people who have died in his jail cells, but also because he has, literally, called for about a million people in the U.S. to be rounded up and shipped off to Gitmo, indefinitely, without attorney or trial. Really.
Then, the fallout from yesterday's huge mid-show breaking news concerning the report that, in February, Donald Trump asked then FBI Director James Comey to end the Bureau's investigation of Trump's former National Security Adviser Michael Flynn. Republicans, both last night and today on Capitol Hill, are having trouble grappling with and/or responding to the news, though at least one GOP Senator, John McCain, compared what's now going on to Watergate. And committees in both the House and Senate have now asked to see the Comey memos said to document his private meetings with Trump.
And, along with all of that, the phrase "Obstruction of Justice" is being heard more and more regarding Trump's apparent efforts to shut down the FBI's probe into his campaign associates alleged coordination with Russia during the 2016 Presidential election. So, we are joined today by former Asst. U.S. Attorney, now Professor Randall D. Eliasonof George Washington University Law School to discuss what "Obstruction of Justice" actually means, in both the criminal sense (as it might apply in an indictment) and in the political sense (as it might apply in Articles of Impeachment) Eliason recently discussed both applications in a lengthy article at his Sidebars Blog.
"The important thing," he tells me today, "is to distinguish between Obstruction of Justice in the broader sense --- the way the term gets thrown around a lot --- and the more narrow criminal sense of an actual criminal violation that fits the Obstruction of Justice statutes. That's a much higher standard to prove beyond a reasonable doubt, all of the elements of an actual crime, as opposed to a more general claim that the President is kind of violating all these norms and rules and traditions that we have about not interfering with ongoing investigation, appearing to pressure the FBI Director, things like that."
The key issue, Eliason explains, is whether there was "corrupt intent" in the many different incidents that now appear as Trump's obstruction. "It's not enough if the President does something that just has the effect of hurting the investigation, as a kind of side effect. The prosecutor would have to show that was what he set out to do --- he had the wrongful and deliberate intent to try to thwart, in [the Flynn] case, the ongoing grand jury investigation."
As to the use of Obstruction of Justice as used in Articles of Impeachment against a President, there is a different standard, which Eliason also explains. We discuss the cases (and defenses) being built for both types of obstruction, whether a sitting President can actually be indicted on criminal charges, and also the meaning of another phrase being bandied about of late: "abuse of power".
In the course of the conversation we also discuss the likelihood of impeachment and the potential application of the 25th Amendment remedy as a way to remove Trump from power and the need for a Special Counsel to be named by the Dept. of Justice.
No sooner do we complete that conversation, than the huge news breaks late today that, indeed, former FBI Director Robert Mueller has been named by Deputy AG Rod Rosenstein as Special Counsel to take over the the FBI's probe into "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump"...
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On today's BradCast: The story of Donald Trump's firing of FBI Director James Comey turns even more bizarre and takes a decidedly thuggish turn (don't worry, your President is 'not a crook') and Vice President Mike Pence gets tapped to head Trump's new "voter fraud" commission, despite his own (much overlooked) record of stoking false GOP allegations of "voter fraud" and helping to shut down a major registration drive in his home state, just before last year's Presidential election, while campaigning for Veep and serving as Governor of Indiana.
First, the Trump/Comey affair turns more insane and Godfather-like by the hour...or Nixon-like, if you prefer, now that Trump has hinted there may be audio recordings of his private conversation with the now-former FBI Director. We bring you up to date on the latest madness and lies on that quickly moving soap opera, which continues to tie the White House into knots.
We then turn to the Executive Order signed this week by the President amidst all the Comey fallout, which creates a new sham commission, by fiat, to examine Trump's false claims that as many as five million votes were illegally cast in the 2016 election. The so-called "Election Integrity Commission" --- which, according to the Order, is to look at only voter and voter registration fraud, rather than voter suppression, which is a far more extensive problem or concerns about the vulnerability of vote casting and counting systems --- is to be headed up by Vice President Mike Pence and Kansas' notorious vote-suppressing Secretary of State Kris Kobach.
While many may be familiar, by now, with Kobach's years-long storied history of fraudulent 'voter fraud' claims, many are likely unaware of Pence's efforts last year during the campaign, while serving as Indiana's Governor, to suppress a major voter registration drive targeting African-Americans in Indiana, with false claims of "voter fraud" and the outrageously heavy-handed use of his State Police force.
On today's show, we detail how the offices of the Indiana Voter Registration Project were raided and shut down, with computers, cell phones and paperwork confiscated by Pence's cops, just days before the state's October 11, 2016 voter registration deadline. The effort (also aided and abetted by the state's Republican Sec. of State Connie Lawson, who is also set to serve on Trump's phony commission), served to shut down the major registration drive by a Democratic-leaning organization and resulted in the Marion County Prosecutor demanding an end to misleading and suppressing public statements from Superintendent of the State Police. It did not, however, despite claims of "thousands" of fraudulent forms, result in any arrests, and it was all quickly forgotten, as usual, after Election Day. In all, some 50,000 valid registrations may have been scuttled in the Hoosier State, thanks to the false claims of forged and fraudulent registration forms across dozens of counties in what Pence described to brain-addled supporters on the campaign trail as a "vigorous investigation into voter fraud".
Finally today: The White House lies about the number of new manufacturing and coal jobs created last month and North Carolina receives just 1% of their requested funding for Hurricane Matthew relief from Congress and the President...
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About Brad Friedman...
Brad is an independent investigative
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