It was a busy day today on the BradCast. I was happy to return to guest host from my usual perch at nicolesandler.com where I host my own show with a couple of great guests.

First up was Jane McAlevey, a labor and environmental organizer, post-doctoral fellow in the Labor and Worklife Program at Harvard Law School, and the author of No Shortcuts: Organizing for Power in the New Gilded Age, who joined me for a fascinating discussion about organized labor's plight and its outlook during the Trump era.

We also heard from Vice News' Senior Investigative Reporter Jason Leopold, who has been labeled by our government at a "FOIA Terrorist" for his prolific and expert use of the Freedom of Information Act. Jason explains how his expedited FOIA requests dealing with issues related to the election went unanswered. In response, he and Ryan Shapiro filed a lawsuit against the FBI over their failure to comply with those requests, and they've now widened the scope of the documents and records they're asking for. You can read the complete complaint filed in court just three days ago, Dec 13, 2016, here [PDF].

Also today: I share with you my newest creation --- What's News? It's my (almost) daily unique look at the day's news. Today's edition is included inside today's show.

Download MP3 or listen online below...

On today's BradCast, Republicans are flexing their muscles and demonstrating their willingness to break all norms --- and even laws and the Constitution when necessary --- in order to take power and hold onto it at all costs, while Democrats continue to be caught flat-footed. [Audio link to show is posted below.]

An unprecedented attempted power grab is now underway at the capitol in Raleigh, North Carolina, where Republican lawmakers, stinging from having lost the Governorship and their majority on the state's Supreme Court last month, have suddenly convened an emergency "special session" to strip power from the incoming Democratic Governor.

The naked lame duck coup attempt by the GOP --- which already enjoys a super majority in both chambers of the statehouse --- would take away Executive Branch powers previously granted to the outgoing Republican Governor. If successful, the "sore loser power grab" as some are calling it, strips the incoming Democrat of control of state and county boards of election(!), limits his ability to make appointments, shifts power from the newly Democratic-majority high court back down to the Republican-controlled state court of appeals, and keeps Republican state employees in place across many state agencies.

All of those attempts to effectively undo the will of millions of voters also comes on the heels of a federal court order for new special elections for the state legislature in 2017, after finding that Republicans had unconstitutionally gerrymandered 28 statehouse districts following the 2010 census. (And that, not long after a federal court found Wisconsin Republicans had also done so.)

With a similarly unprecedented coup at the federal level --- for example, a stolen U.S. Supreme Court majority --- Republicans in a number of other states are also quickly working to pass newly restrictive laws to make it harder for Democrats to even take part in elections around the nation.

It's difficult to win a war when you're fighting against a dishonest opponent who has no interest in playing fairly. The questions then remain: When will Democrats figure that out? What do they intend to do about it? And who, if anyone, will emerge to lead the way in the current Democratic power vacuum more than a month since Election Day?

Finally, Desi Doyen joins us for the latest Green News Report with details on Trump's disturbing new appointments at federal agencies, the EPA's admission that fracking can harm drinking water supplies, and the Arctic unraveling before our eyes...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Will there be some form of an Electoral College mutiny when they gather to cast their votes for President of the United States next week? My guest today, one of those electors, suggests we may all be in "for a big surprise". [Audio link to show posted at end of article.]

The 538 members of the Electoral College are finally set to cast their votes for President on Monday, December 19th. So far, just one GOP elector has publicly announced his intention to vote for someone other than Donald Trump (who, in 2012, railed that the U.S. Electoral College system was "a total sham", calling for "revolution" in response to a candidate winning the Electoral College while losing the national popular vote...as he did this year, by nearly 3 million votes, a record in U.S. history.)

But according to Harvard's Constitutional law professor Lawrence Lessig, who has offered free legal support to electors considering voting for a candidate other than the one their state voted for, "there are now at least 20 GOP electors considering a vote of conscience." Lessig argues electors have a Constitutional right under federal law to vote for whomever they please, despite some state laws that apply fines or other penalties against so-called "faithless electors". (University of Chicago law prof Geoffrey Stone explained this week why he believes they are "faithful not faithless".)

Colorado Presidential Elector Micheal Baca, a former U.S. Marine, joins me today to discuss how he and other electors are planning to vote on Monday. Baca is part of a group calling themselves the Hamilton Electors, citing founder Alexander Hamilton's Federalist Papers explanation of the Electoral College as a device meant to prevent popular demagogues or otherwise unfit or unqualified candidates from becoming President.

Baca explains his own plan, as a Democratic elector, to vote for a compromise Republican candidate, such as Ohio Gov. John Kasich, rather than Hillary Clinton, in order to encourage GOP electors to do the same, in hopes of stopping Trump from winning the requisite 270 vote Electoral College majority. Baca explains why he believes information made available since the election reveals Trump to be unfit for office.

"On December 19th," Baca explains, "538 individual people --- not numbers on the map, not computer generated, not Wolf Blitzer numbers --- 538 people will be casting a ballot for the President of the United States of America. I believe that by reaching across party lines, I am putting my country above my party. And I may not agree ideologically on what the Republicans stand for, but Donald Trump is a clear and present danger to our republic. And I believe that it's imperative in this election that we do exercise our conscience and our moral judgment."

Baca also tells me during our interview how he became an elector in the first place, the rather stunning way in which he is told the vote is set to occur on Monday in Colorado (with "pre-printed ballots"!), how his experience as a Marine has informed his position, and what he has learned from speaking to other electors, both Democratic and Republican, about how they plan to vote. He suggests a surprise could be ahead, even as I (and he, as well) remain skeptical.

"I try to operate my life with a healthy dose of skepticism," he tells me. "And until things are out in public, the only thing that I will confirm is that we have one public Republican elector. Are there others out there? I do believe so. Are they not public? I do believe so...I'm not Professor Lawrence Lessig [but] I don't think he would just speak without having any factual evidence."

Baca adds: "I think we were all in for a big surprise. Surprises happen. This is the year 2016. If there's a time in history, I believe this is the time."

Okay, then. Could be a big week ahead. Or not. It's a fascinating conversation that you may wish to listen to in full.

Also today: The Trump Transition team says a questionnaire sent to the Dept. of Energy seeking the names and backgrounds of climate scientists was "not authorized", and the Massachusetts Attorney General says it's time for ExxonMobil to "come clean" about their efforts to fund climate change denial, now that their CEO Rex Tillerson has been nominated by Trump as Secretary of State.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, Green Party candidate Jill Stein speaks to lessons learned during her wildly obstructed attempt at citizen oversight of election results in three states, and a former U.S. Dept. of Energy official joins us with warnings about Donald Trump's disturbing choices to head the State Department, the EPA and the DoE, where a chilling Transition Team memo was recently sent in apparent hopes of ferreting out climate scientists in a witch-hunt reminiscent of the McCarthy era. [Audio link to show posted at bottom of article.]

First up, Stein held a press conference call today to wrap up her attempted "recount" of Presidential election results in Wisconsin, Michigan and Pennsylvania. Despite her willingness to pay millions of dollars, only one of those states, WI, allowed a statewide count at all. And, even there, it was done mostly by computer, so the results remain unverified by actual human beings. Still, she and her attorney on the call vowed to press on with a lawsuit in Pennsylvania and other actions meant to try and amend the horrific election practices, processes and laws exposed, once again, during the wildly obstructed and unprecedented attempt at counts and forensic analyses in all three states.

Then, my guest today is Dr. Joe Romm, physicist and former Deputy Asst. Secretary of Energy at the U.S. Dept. of Energy. He is now a Climate Progress blogger and author and he joins me to discuss, among other things, Donald Trump's nominations of former TX Gov. Rick Perry to head up the DoE (which, when he could remember its name while a Presidential candidate, he vowed to shut down entirely); Climate science denier and Oklahoma A.G. Scott Pruitt as DPA chief; and ExxonMobil's enormously interest-conflicted CEO Rex Tillerson as Sec. of State.

As Romm notes, "the Department of Energy is a very poorly understood agency" which most Americans, including Trump and Perry, likely know little about. It's a sprawling federal agency that carries out nuclear energy research as well as oversight and disaster clean-up. "So you have the weapons labs, you have all the national labs, which do energy and all sorts of work, including the nation's physics labs," he explains. "The Department of Energy has the highest ratio of PhDs per employee of any of the agencies, because it's doing all of this physics and energy research, and weapons research. So it's a good thing that Rick Perry got those glasses that make him smart."

On Trump's nomination of Tillerson to head up the State Department, Romm describes the conflicts of interest with the ExxonMobile CEO's pending $500 billion deal with Russia, observing: "If we didn't live in this topsy-turvy world where Donald Trump is President and naming people to run agencies who are anti-everything the agencies stand for, it would be ridiculous. Secretary of State is one of the most important, maybe the most important cabinet positions there is. Historically, it goes to someone who really understands diplomacy and many aspects of international policy." But Tillerson, he argues, has "literally no qualifications other than the fact that he has negotiated oil deals around the world."

As disturbing as Trump's nominations may be, however, even more chilling may be the story told by the McCarthy-esque survey recently sent by someone at the Trump Transition team to the Dept. of Energy, asking them to identify scientists and other career civil service employees who have worked on climate change and renewable energy issues at the federal agency, or even those who may have simply attended a U.N. climate conference. Romm speaks to all of the above, which he describes as "unprecedented" and details why there are newly disturbing reasons to be concerned about, "literally, the fate of the next thousand years."

Finally, Desi Doyen joins us for the latest Green News Report, with more on the above and, believe it or not, some arguably good news she was able to find from the U.S. Congress, of all places!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, what we know and don't about newly reported charges that the CIA is said to believe Russian state-actors interfered in the U.S. election on behalf of Donald Trump over Hillary Clinton, even as attempts to verify the actual Presidential election results, and concerns that they were hacked or otherwise in error, are blocked by Republicans in Michigan and Pennsylvania and come to an official close in Wisconsin. [Audio link to show posted below.]

Over the weekend, Washington Post and New York Times each reported on unnamed sources alleging a "secret" "consensus" of U.S. intelligence agencies charging Russia tried to interfere with the Presidential election in order to help Donald Trump defeat Hillary Clinton. National security journalist and author Marcy Wheeler of EmptyWheel.net offers a measure of skepticism about the explosive reports on those allegations, which she suggests could echo what proved to be blatantly misrepresented and cherry-picked intel by the George W. Bush Administration in their run-up to the Iraq War.

We discuss what we know and don't know concerning the newly reported charges, which parties have an interested in forwarding them and why they are arising in this form now, and how those concerns can possibly square with seemingly contradictory resistance --- by both Republicans and Democrats alike --- to human verification of the stunning and poll-defying 2016 Presidential election results reported in Michigan, Wisconsin, Pennsylvania and elsewhere.

Speaking of which, late on Friday, a 3-2 split vote at the MI state Supreme Court denied a hearing of Green Party candidate Jill Stein's appeal of a 3-Republican judge decision that aborted the state's disastrous paper ballot hand-count last week. And today, a federal court in PA denied [PDF] Stein's lawsuit seeking a statewide hand-count of paper ballots and a forensic analysis of the 100% unverifiable touchscreen voting and computer tabulation systems used across most of the state. Also today, the state of Wisconsin completed its partial statewide hand-count and certified Donald Trump as the winner of that state's electoral vote. (Final tallies are not yet available from the Wisconsin Election Commission, but as of earlier today Reuters reported "Trump with a increase of 628 votes, Clinton with an increase of 653 votes and Stein with an increase of 68 votes". Those are net increases, without reflecting the total number of originally-mistallied votes, nor explaining that most of the state's largest counties simply ran the hand-marked paper ballots back through the optical-scan computers again to derive their "recount" totals.)

All of that amidst a repeated, coordinated, well-funded and familiar efforts by Republicans and Team Trump to block any and all verification of Presidential election results in all three states. "Cronyism, bureaucratic obstruction, and legal maneuvering have run roughshod over the democratic process," Stein said following Friday's Supreme Court decision in MI after tens of thousands of votes were deemed "unrecountable" due to the state's arcane "recount" laws while the attempted count was still underway last week. "A recount should not be this difficult or controversial. If you take out money from a bank, the teller counts it twice --- and the second time, they count it in front of your eyes. It should be well understood that something as important as a presidential election requires a basic level of quality assurance and verification."

We have all of the latest details on today's BradCast...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

If allowed to stand, the reasoning behind U.S. District Court Judge Mark A. Goldsmith's December 7, 2016 decision [PDF] in Stein v. Thomas to halt the Michigan presidential "recount" is flawed, at best. Issued, ironically enough, on the day we commemorate what President Franklin D. Roosevelt described as "a date which will live in infamy", it is by no means an exaggeration to suggest that Judge Goldsmith's reasoning could inflict greater harm on the very foundations of our constitutional form of democracy than that inflicted by the Dec. 7, 1941 attack on Pearl Harbor.

The halt to the "recount" came just two days after Judge Goldsmith issued a temporary restraining order ("TRO") directing the MI Canvassing Board to immediately commence the "recount" and one day after a U.S. Sixth Circuit Court of Appeal decision, upholding that TRO.

Under that 6th Circuit appeals ruling, Judge Goldsmith was obligated to revisit the issue if "the Michigan courts determine that Plaintiffs' recount is improper for any reason." Separately, on Dec. 6, the Michigan state appellate court ruled that, under MI law, only a candidate who has a reasonable chance of winning has a right to initiate a post-election count. But that state court ruling, by three Republican judges, did not justify Judge Goldsmith's decision to halt a "recount" that had been predicated on Dr. Jill Stein's rights under the U.S. Constitution.

As he acknowledged in his original decision, the Green Party Presidential candidate did not base her federal claim on state law. To the contrary, in his initial finding, Goldsmith held that the Plaintiffs had shown a likelihood of success on the merits of their claim that the two-business day waiting period mandated by state law "would likely violate their right to vote under the First and Fourteenth Amendments." Judge Goldsmith, in that first decision, added, "the [federal] right to vote, and to have that vote conducted fairly and counted accurately" [emphasis added] is not merely "fundamental" but serves as "the bedrock of our Nation."

State law, whether directed at the timing of the recount or to the aggrieved status (standing) of the candidate seeking the count, should not be allowed to infringe upon a fundamental right that every citizen has to a verifiably accurate count of their votes.

The truly damaging aspect of the decision to dissolve the TRO lies not in the question of standing but in Judge Goldsmith's upside-down reasoning as to who should bare the burden of establishing the integrity of the vote. That reasoning is directly at odds with the rulings made in two landmark cases in Germany and Austria, to the effect that the need for election integrity and transparency are paramount in any nation that values democracy...

A federal court victory for Jill Stein in Wisconsin; a federal court hearing in Pennsylvania; the fight to restart counting in Michigan; and the case for a recount in Florida. Yes, in Florida. But that's just the tip of the iceberg on today's very busy BradCast! [Audio link to complete show follows below.]

First up, some encouraging news from the New York Attorney General concerning his intentions to hold Donald Trump's nominees to head up the Environmental Protection Agency and Dept. of Labor accountable to the rule of law. Then, a bit more good news out WI today, where a federal court dismissed a Team Trump attempt to stop the ongoing Presidential "recount" in the state.

Meanwhile, a federal court in PA heard Jill Stein's case calling for a statewide count and forensic analysis of voting systems today. And, following the the hearing, in a press conference outside the courthouse, University of MI Computer Science and voting systems expert Prof. J. Alex Halderman explained again why such a study is necessary.

"Over the past ten years, we've found every one of the [voting and tabulation systems in the U.S.] susceptible to hacking. Doesn't matter whether they're plugged into the Internet directly or not," he said. "The evidence on the paper ballots, the evidence on the software in the machines --- that's what we're asking to examine. And that's the only way we're ever going to know for sure whether our votes were counted correctly or not in the 2016 Presidential election. We think that by looking at that evidence, which seems to me like just a common-sense security precaution, we can increase voter confidence, and help everyone know their that their votes really counted." Those comments come on the same day that the Obama Administration announced plans to release a report on charges that Russian hackers attempted to interfere in the 2016 U.S. election.

Then, we're joined by long time election integrity champion, Susan Pynchon, founder of Florida Fair Elections Coalition and a central character in HBO's Emmy-nominated 2006 documentary Hacking Democracy, joins us to discuss a lawsuit [PDF] filed late last week calling for a statewide hand-count of paper ballots in FL(!)

Pynchon explains the reasons why it was filed, which include not just the surprising result in the state's Presidential race, but also reports that a Florida-based corporate vendor by the name of VR Systems --- a company contracted by about a dozen states --- was reportedly hacked earlier this year. She says they provided "voter registration and other services in 64 of Florida's 67 counties. Voter databases, management and tracking of mail-in ballots, and election reporting services on election night." (And here is that Exhibit T [PDF] from the complaint that I referenced during the show, concerning troubling voter registration problems reported on Election Day in several Sunshine State counties, including Broward and Lee.)

Also, Pynchon details the high "invalid vote rate" ("votes that weren't actually counted --- undervotes, overvotes, and invalid write-in votes"), which she says is "more than double in this election than it was in 2008 and 2012. We need to take a close look at that because it's not normal. It's not typical of past elections." She goes on to describe how one county was also found to have "ordered duplicate sets of [security] seals," asking: "So how secure is that when you're sealing a ballot box with a seal that could then just be replaced with your duplicate set of seals?"

Coincidentally, part of Halderman's remarks from outside of the federal courthouse in Philadelphia this afternoon, which we play in full on the show today, referred to how easy it is to break into those voting machine security seals. He says they are "easy to remove in just a few seconds with a hairdryer or a screwdriver."

"You know, if you'd asked me this ten years ago, I would have said, well, maybe it sounds like science fiction, someone hacking into a country's national election by tampering with the voting machines," warns Halderman. "I think it's only a matter of time before this happens, if it hasn't happened already."

Finally today, an incredibly chilling missive was confirmed to have been sent to the U.S. Dept. of Energy from the Trump transition team, seeking the names and details of scientists and other employees there and at national laboratories involved in climate change and other related studies...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, our coverage of what suffices in the U.S. as a Presidential election "recount" continues, in no small part, because someone has to cover what is actually going on there. [Audio link to show posted below.]

A federal court ruling [PDF] issued late yesterday in Michigan has effectively stopped the counting of paper ballots in the state following an earlier 3-Republican judge state court ruling that Green Party candidate Jill Stein is not an "aggrieved candidate" and, thus, not entitled to any type of "recount". Moreover, U.S. District Judge Mark Goldsmith finds there is no federally recognized right to a "recount" and, in any case, Stein presented no "evidence of significant fraud or mistake" while asking for one. But, of course, how could she, without being allowed to examine the evidence in question? State Republicans described the suspension of ballot counting as "a victory for the taxpayers and voters of Michigan."

That, even as scores of precincts across the state --- hundreds in Detroit alone --- were deemed "unrecountable" by election officials under MI's horrible statutes disallowing the hand-count of votes when human error or computer vote tabulator failure leaves Election Night ballot totals off by as little as a single ballot, as compared to the number of names signed in to pollbooks. Even in just three days of counting before it's suspension today, many such precincts were found to be "unrecountable", despite totally unreconciled vote tallies.

"It is an outrage that the voters of Michigan are being denied their right to have their votes properly counted," rails longtime election integrity advocate and attorney John Bonifaz, one of those who initially argued to both Hillary Clinton and Stein that a post-election count was necessary. "Because of a partisan state appeals court decision, Americans will never know the truth about what happened in this election."

Bonifaz was joined by many longtime computer science and voting systems experts, such as Douglas Jones of the University Iowa, who warns today: "In a healthy democracy, elections are run with sufficient transparency that partisans of the losing candidate can convince themselves that they lost fair and square. Recounts in close elections are a necessary part of this transparency, particularly when the margin of victory is exceeded by an unusual number of ballots that were cast without reporting any vote in the election." Jones is referring to the 75,000 ballots in MI said to have no vote for President at all, nearly twice as many undervotes as reported in 2012, despite a 10,000 vote margin between Trump and Clinton in MI, where some 5 million votes were cast. That case is headed to MI's Supreme Court, where Stein is demanding two state Justices recuse themselves after being named by Donald Trump as potentially U.S. Supreme Court nominees.

In Pennsylvania, a similar, if even worse case of lacking "evidence" of fraud has served to block forensic analyses of the otherwise 100% unverifiable touch-screen voting and tabulation systems used across most of the state. Late Wednesday, Stein filed a new court challenge in Allegheny County (Pittsburgh), seeking the type of examination that computer science and voting systems experts have been desperately calling for. A similar challenge was rejected yesterday in Philadelphia for...you guessed it...lack of evidence of fraud.

And in Wisconsin, observers of the ongoing counts and retallies are calling for a federal suit --- which, I'm told, could be filed on Friday --- seeking a statewide hand-count of paper ballots, after a state court previously found a new law passed by Republicans last year allowed most of the largest (and Democratic-leaning) counties to "recount" by the same computer scanners that initially tallied votes (either correctly or incorrectly). The computer tallies, and a number of other concerns revealed to date, have led some of those observers to describe the current process as a "farce", and declare: "The most urgent issue in America right now is to be able to confirm that every vote was counted fairly, accurately, and honestly, and if not, for patriotic Americans to raise bloody hell about it."

And so, we do. Even as the corporate media continue to misreport or ignore altogether what is actually going on in all three longtime "blue" states where just 3 votes per precinct recorded for Clinton instead of Trump would have meant that she, not he, would be considered the President Elect right now. Citizen oversight of election results matter. As simple as that should be, the struggle to achieve any such post-election oversight or verification, in the face of seemingly insurmountable obstacles, is astounding and an outrage.

Also today, speaking of outrages and science ignored by corporate media and elected officials alike: Desi Doyen joins us for the latest Green News Report on Trump's shocking choice to head the EPA, on another oil pipeline rupture --- this time not far from the contested Dakota Access Pipeline near the Standing Rock Sioux reservation in North Dakota --- and temperatures in the Arctic are now from 35 to 55 degrees Fahrenheit warmer today than they normally are this time of year...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, state and federal court rulings, shameful 'recount' laws and other outrageous obstacles preventing citizen oversight of Presidential election results in Michigan, Pennsylvania, Wisconsin and elsewhere. And, as if that's all not disturbing enough, wait until you hear who Trump is reportedly tapping to head up the Environmental Protection Agency! [Audio link posted below]

Our "Recount" 2016 coverage continues today, on the heels of "dueling" federal and state court rulings on Tuesday night in Green Party candidate Jill Stein's fight to continue hand-counts in Michigan, hundreds of precincts across the state (including tens of thousands of ballots) are being declared "unrecountable" by state officials --- for often absurd reasons. We explain those rulings as we await what is likely to be a federal court order ending all counting in the state by tomorrow, despite Trump's razor thin 10,000 vote statewide margin of just one-tenth of one-percent over Hillary Clinton.

Another court ruling comes down today against Stein's suit for a forensic analyses of 100% unverifiable touch-screen voting systems used in Philadelphia, prompting plans to seek same in state court. And the counting (and computer re-scanning) continues in Wisconsin, despite efforts by Team Trump to stop counting and oversight immediately in all three states.

We're joined today by author, former attorney and longtime election integrity advocate Paul Lehto to discuss all of the above and much more, including how failed tabulation systems, woeful election law, and extraordinary legal challenges in at least six courts in three states to block all oversight is little more than an invitation for future fraud.

On MI's "outrageous" law resulting in hundreds of "unrecountable" precincts in Detroit alone, Lehto charges: "All you need to do is add an extra ballot without adjusting the poll books, which makes it easier to do fraud or easier create an error. And that error or fraud is insulated from ever affecting the results. If somebody did want to do fraud, it's like a dream for them."

"But here's the thing: it doesn't really matter, from the perspective of democracy, whether it's an error or whether it's a fraud. Because we're only interested in the true vote count," he tells me. "But in this case, Michigan law itself is protecting and creating 'safe harbor' for both errors and fraud."

"Don't count on anything happening after Election Night," Lehto has long warned. "Why? Number one: everybody wants to avoid embarrassment. Nobody wants to be the next Florida. So everybody in the state government and the elections bureau is working really, really hard not to be embarrassed, and that's a non-partisan interest that really goes against transparency. The other thing is that 100 percent of all election law is made by election winners, who absolutely do not want their victories to be questioned. So that's another factor why you can never really count on getting good election laws for post-election remedies, because everybody that's voting on it is a winner and they don't want losers --- or what they would call 'sore losers' --- questioning their great victory. So basically that leaves democracy defenseless."

As he describes the evolution of the Election Integrity movement over the past decade, Lehto concludes our system amounts to "basically: certify first, ask questions later." He says post-election audits or "recounts" are ultimately "not sufficient, no matter who you are. The only option is to get it right on election night."

Also on today's show, in case you still don't believe elections and democracy matter: Trump will reportedly nominate Oklahoma Attorney General Scott Pruitt --- a climate change denier, opponent of environmental regulations, and long-time fossil-fuel industry tool --- to head up the U.S. Environmental Protection Agency.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, the latest breaking news on how broken optical-scan tabulation computers may have undermined the ability to count tens of thousands of ballots in Michigan --- specifically in or near Detroit --- and much more "recount" 2016 related news, even from Vermont! [Audio link to show is posted below.]

With a reported margin of just over 10,000 votes for Donald Trump over Hillary Clinton in MI --- out of some 5 million votes tallied in the state --- the ability to hand-count tens of thousands of votes in Green Party candidate Jill Stein's federal court-ordered [PDF] "recount" may be at risk of "chaos" under state law, thanks to the failure of computerized paper-ballot optical-scanners which may have mistallied ballots in some fashion on Election Day.

Hopefully, hand-counts can reconcile mismatches between poll book signatures and computer printouts from "610 of 1,680" precincts in Wayne County, which includes heavily Democratic-leaning Detroit, where "392 of 662" or 59% of precincts may now be uncountable. That's a major concern, obviously, not just due to the state's razor thin margin, but also, as Stein points out today, since some 75,000 ballots --- until now, completely unexamined by human beings --- were reported by the computers to have no vote at all for President. That's a 70% increase from 2012 in the number of ballots reported to have Presidential undervotes, a number that is more than seven-fold the margin of votes that could flip the state from Trump to Clinton.

All of that as Team Trump ups their efforts in both state and federal court to stop the counting in MI entirely and as Stein pushes back in both court cases, including a move to force the recusal of two state Supreme Court judges named by Trump as potential U.S. Supreme Court nominees.

Also, while a recent change to state law by Republicans in WI has resulted in many of the largest counties simply running paper ballots through the same computer scanners that tallied them (either correctly or incorrectly, who knows?) the first time in that state's "recount", it's not just Republicans who prefer unverified computer tallies over hand-counts. In Vermont, the will of the voters may never been known in two exceedingly close state legislative races, thanks to a 2014 state law supported Democrats, requiring that computers, not people, tally ballots during ongoing "recounts" there. Two incumbent Democratic lawmakers who supported the new law may now be undone by it, as one is set to lose a "recounted" race by just six votes, and the other is facing a tie, depending on whether two questionably marked paper ballots were tallied by the scanner or not. (I wonder how they could figure out if they were?)

All of that may be good news to the Washington Post, however, which published an op-ed yesterday explaining why the authors believe, in contravention of computer scientists and voting systems experts, that "computers are better than humans at counting ballots." Of course, to know that for certain, the authors suggest...um...counting ballots by hand.

Also on today's BradCast: Al Gore meets with Donald Trump to discuss Climate Change and Desi Doyen joins us for the latest Green News Report on the weekend's victory for the Standing Rock Sioux tribe against the Dakota Access Pipeline in North Dakota, on Trump reportedly eying Native American lands for energy development and Exxon Mobile's CEO for Sec. of State, and a bit of good renewable energy news out of Texas (of all places)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, we cover an enormous amount of news, breaking and otherwise, on both the Presidential "recount" story in three different states, as well as the fight against the Dakota Access Pipeline in North Dakota. And we speak to Green Party candidate Jill Stein's campaign manager, David Cobb, about the ongoing and "escalating" legal battles and fights for citizen oversight of election results in Wisconsin, Michigan and Pennsylvania. [Audio link to show posted at bottom of article.]

First today, the latest on the breaking news over the weekend in the story of the denial of a permit for the controversial pipeline in ND, where thousands of native Americans have been protesting for months against its construction near tribal lands. On Sunday, in a huge victory, the U.S. Army Corps of Engineers denied an easement to Dallas-based Energy Transfer Partners that would have allowed them to complete the pipeline by building on disputed land near and beneath Lake Oahe, the Standing Rock Sioux's source of drinking water. The victory, while monumental --- even as the protests and violent attempts by law enforcement to stop them have been almost entirely ignored by mainstream corporate media --- may be short-lived, depending on legal actions and decisions made by the next President. Desi Doyen joins us for the latest.

At the same time, over the weekend, the corporate media was busy misreporting and misleading the legal maneuvers of Green Party Presidential candidate Jill Stein, who has dropped just one of the statewide voter-initiated suits demanding a PA "recount", in favor of a federal filing [PDF] today, on Constitutional grounds, seeking federal intervention for a statewide count and forensic analysis of 100% unverifiable voting systems used there. Stein and her attorneys held a press conference and rally today outside of Trump Tower in Manhattan, to explain the efforts.

Also, a federal judge this morning ordered [PDF] the state of Michigan to being counting ballots today, after successful maneuvers by Team Trump delayed the start of that effort late last week and had hoped to further delay or deny citizen oversight of results entirely. MI's Attorney General (a Trump supporter) falsely argued in his filing and during an unusual emergency hearing in federal court on Sunday, that the count might endanger the state's Electoral College votes. U.S. District Judge Mark Goldsmith ordered the counting to begin at noon today, however, finding that any further delay "would likely violate [plaintiffs'] right to vote under the First and Fourteenth Amendments" and that "there is a credible threat to the voters' right to have a determination made that Michigan's vote for president was properly tabulated." The MI GOP has vowed to appeal both the federal and state cases against counting ballots.

My guest today, Stein's campaign manager David Cobb, the Party's 2004 Presidential nominee --- who, himself, called for the partial statewide count that happened after that year's Presidential contest in Ohio --- joins us to discuss the latest developments in the ongoing counts and court cases in all three states, and to explain why Stein and the Green Party "are demanding integrity in the election system."

In PA, he explains (as we long have as well), that "there is no way to properly verify the DRE --- direct recording electronic --- equipment, otherwise correctly known as 'black box voting'. It's terrible to begin with and they should never be used. ... The real gain here is forensic experts getting an opportunity to get their hands on these machines --- and that is exactly what we are seeking in all three states --- but, in Pennsylvania, in federal court specifically, because of the completely outrageous system of recount provisions in the state." (To get an idea how horrific they are, check out my interview with VotePA's Marybeth Kuznik from last week, or read today's filing [PDF] in federal court.)

"I really want to underscore," he tells me, "we are escalating the fight into federal court in Pennsylvania precisely because the Pennsylvania laws are so horrible."

"These black box voting machines are hackable," he continues. "If any nefarious individual can get their hands on them, there are ways to manipulate them. That's the reason it's so important to have these forensic studies done. So that we can literally verify the vote. What is Donald Trump afraid of?"

We also discuss the efforts of the Green Party going back to Cobb's own attempted "recount" in Ohio, when two top election officials in the state's largest county, Cuyahoga (Cleveland), were found guilty and sentenced to the maximum sentence in prison for having rigged the 2004 Presidential "recount".

"We are demanding that every vote counts, so count every vote! It's just that simple. At the end of the day, if we do not have confidence in the election system, we cannot have confidence in our government itself," he argues.

Finally, speaking of counting votes (or not), North Carolina's abhorrent Republican Gov. Pat McCory has announced he is giving up his own battle for a statewide recount (which we supported) and has conceded the race to the state's Democratic candidate Attorney General Roy Cooper, becoming the first Governor to lose a re-election bid in state history...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, Team Trump takes a page from the George W. Bush 2000 playbook by attempting to stop the "recounts" in Wisconsin, Michigan and Pennsylvania, just as his margin over Hillary Clinton plummets in PA. [Audio link to show follows below.]

Over the past 24 hours, Donald Trump or his surrogates have filed multiple legal complaints in three different states in an effort to stop the "recounts" (hand-counts, machine counts and/or forensic analyses of computerized voting and tabulation systems) as lawfully sought by Green Party Presidential nominee Dr. Jill Stein. As the Stein camp noted today, the sudden interest by Team Trump comes as Trump's margin over Hillary Clinton has dropped from about almost 70,000 votes to about 46,000 votes (out of some 6 million tallied) as PA counties finally complete their initial tallies. The Stein camp notes today: "With his margin of victory in the state nearly halved as of last night, and now within 0.2% of triggering an automatic statewide recount, Donald Trump is desperately fighting to stop the recount in Pennsylvania." His attorneys filed a suit [PDF] late Thursday to dismiss her filings in the Keystone State.

He is also attempting, somewhat successfully, to stop hand-counting from moving forward in MI, where he reportedly leads Clinton by just over 10,000 votes out of about 5 million tallied, including more than 75,000 ballots with no vote reported for President at all, many of those cast in or near Detroit. That figure, Stein charges, "is double the number [of undervotes] from 2012." After Trump filed an objection to the "recount" request in MI last night --- claiming that a count would "risk having the Electoral College door knocked off its hinges" and delaying the start of counting for as many as five days --- the state Attorney General Bill Schuette, a Trump supporter, filed a separate complaint [PDF] today on behalf of the state in federal court, seeking to prevent votes from being counted as well. His claim supports Trump's objection filed yesterday and argues that counting ballots is "frivilous" and is meant by Stein to delay final certification of the results. She describes his action as "nothing more than party politics that needlessly delays what should be a routine verification of the democratic process."

In Wisconsin, pro-Trump outfits calling themselves the Great America PAC and the Stop Hillary PAC filed a complaint [PDF] in federal court to immediately stop the counting of ballots, which is now in its second day in the Badger State. That complaint, citing Bush v. Gore from 2000, argues that counting ballots violates the Equal Protection and Due Process clauses of the U.S. Constitution and "may cast an unjustified pall over the election of President-Elect Trump, undermining public confidence in the integrity of the electoral process." Sounds familiar, ironic and, yes, hypocritical.

Just before airtime today, a federal Judge in Wisconsin denied the plaintiffs' motion in that case seeking an immediate restraining order to halt the ongoing counts, but has set a hearing on the matter for December 9th. For her part, Stein, pushing back, has announced a press conference for Monday, December 3, across from Trump Tower in Manhattan.

So, why are Trump and the GOP against verifying election results? We discuss that, the ongoing and not-ironic-at-all fight of the GOP Governor in North Carolina to verify his own election results(!) and much more, including Desi Doyen and her latest Green News Report, on today's BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, the attempt at verifiable citizen oversight of election results from the 2016 Presidential race gets underway in Wisconsin, and gets stopped dead in its tracks by a Trump legal filing in Michigan. All of that, even as more actual Republican voter fraud (yes, real voter fraud) is revealed by media and rewarded by Donald Trump. [Audio link to show is posted below.]

The state of Wisconsin officially began its *"recount" of some 3 million ballots cast in the 2016 Presidential election today, in the state where Trump reportedly defeated Hillary Clinton by just over 22,000 votes. Unfortunately, several of the largest jurisdictions have decided to simply re-tally their hand-marked paper ballots by the same optical-scan computers which tallied them (either correctly or incorrectly) in the first place. That, despite a host of computer science, security and voting systems experts who continue to argue as loudly as they can (including in recently filed court documents), the only way to know for certain how voters voted is to hand-count those ballots.

Meanwhile, in Michigan late today, where Trump reportedly won by just over 10,000 votes out of nearly 5 million counted, the Trump Campaign filed an objection to Green Party candidate Jill Stein's request for a "recount" there. That legal maneuver will successfully delay the start of counting, which had been scheduled to begin on Friday in the state, until sometime next week. That's a disturbing development, given that all states are federally mandated to have final certified numbers completed by December 13th. It's an echo of the successful GOP efforts to stall and then block entirely, the statewide Florida "recount" in 2000. In a statement in response late today, Stein describes the Trump filing this way: "The Trump campaign's cynical efforts to delay the recount and create unnecessary costs for taxpayers are shameful and outrageous."

At the same time, Trump's brain-addled supporters are buying his lie about "millions" having "voted illegally" in the 2016 election. They have fallen for it thanks, in no small part, to so many years of irresponsible reporting on the matter by corporate media over our publicly-owned airwaves. And yet, so far, the only "illegal" votes that have been found in the 2016 election (four cases in total) were all documented to have been cast by Republicans.

Nonetheless, as we have reported on very high profile Republicans like Ann Coulter and Mitt Romney and Newt Gingrich and many others committing actual voter fraud and voter registration fraud over the years, Trump has now hired a voter fraud felon (see this from 2006) for a top White House national security advisory role. All of that American madness and much more on today's BradCast...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

* NOTE: The BRAD BLOG generally uses quotes around the word "recount" to denote post-election hand-counts of ballots which have never actually been counted by human beings, but rather, only tabulated by computers during the official tally. It's impossible to know whether those computers actually tallied votes accurately unless paper ballots are examined by hand.

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: The Green Party's Jill Stein has filed for a 'recount' in the third of three states, and continues to fight against barriers erected to prevent citizen oversight of the 2016 Presidential Election results. [Audio link to show is posted below.]

Late today, Stein filed for a "recount" in the state of Michigan, after computer security and voting systems experts continue their pleas for hand-counts of paper ballots that have, to date, only been tallied by computers. MI is the third state, following Wisconsin and Pennsylvania, where counts of the 2016 Presidential election race are being sought. The campaign included a check for nearly $1 million dollars with their filing.

In Wisconsin, where the GOP state legislature recently changed the law to jack up the fees for "recounts" and to allow such tallies to be done by computers instead of by hand, a state judge, citing that new statute, denied a suit by Stein (and joined by the Hillary Clinton campaign) seeking statewide hand-counts, despite the judge's own belief they should be carried out that way. The Green Party candidate, however, vows to press on, despite the cost of the counts --- partial, hand-counted or machine-counted --- now rising to some $9.5 million. That, apparently, is now the obscene price that citizens have to pay to even have a fighting chance of knowing who actually won or lost a Presidential Election in just three states.

We have much more today on all of the above today, and callers ring in with questions and thoughts on the "recounts".

Finally, Desi Doyen joins us for the latest Green News Report and an update on the climate-fueled wildfires in Tennessee, where the death toll has now tragically been increased yet again...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: The newly insane cost for a "recount" in Wisconsin and the even more jaw-droppingly insane voting system and "recount" laws in Pennsylvania. [Audio link to today's show is posted below.]

Barriers against citizen oversight of 2016 Presidential election results continue, even as the campaign of the Green Party's Jill Stein works with tens of thousands of citizens to try and overcome them in three different states where she is seeking "recounts". (For the record, if you're wondering, The BRAD BLOG generally uses quotes around the word "recount" to denote post-election hand-counts of ballots which have never actually been counted by human beings, but rather, only tabulated by computers during the official tally. It's impossible to know whether those computers actually tallied votes accurately unless paper ballots are examined by hand.)

The WI Election Commission informed the Stein campaign (and independent candidate Rocky De La Fuente, who has also filed for a "recount" there) yesterday that she will have to pay $3.5 million to even begin counting paper ballots in the state. I've confirmed with her campaign that she intends to do so, even after state election officials had originally estimated the fees to be $1 million for a statewide recount. That, even as state law has recently changed to allow counties to use computers to "recount" ballots, rather than public hand-counts. As we've long reported, similar barriers are often erected to block citizen oversight of elections, begging the question again: What good are hand-marked paper ballots if nobody is actually allowed to count them?

But the situation is far worse in Pennsylvania, where voters in most of the state are forced to vote on 100% unverifiable touch-screen systems and the state's arcane "recount" statutes require tens of thousands of voters to file affidavits (3 in each precinct) asking for such counts.

Longtime election integrity champion and VotePA.us founder Marybeth Kuznik joins us with details on what is now going on in the Keystone state towards that end, and to help explain the insanity of the state's unverifiable voting systems and the near-incomprehensibility of its "recount" laws.

"Pennsylvania election law is so convoluted," she tells me, while explaining the requirements for three voters in each of the state's 9,163 precincts (that's 27,489 voters!) to file a complaint in order to have a statewide voter-initiated count. She also explains the second route towards such a count, which requires 100 voters to file in the Commonwealth Court.

In either case, since much of the state uses unverifiable touch-screens, there is often nothing at all to count, even if a count is allowed! "They'll print out the Election Night tapes. They'll bring out some sort of a printout from the central tabulator. Usually they just bring out results. They look at the precinct tape, they look at the precinct printout, they go 'Hmm, that looks the same to me!', and everything's good. That's the recount!," Kuznik explains. "The thing is, of course it's going to be 'good'. The same software that counted on Election Night and printed out that tape is what's counting and printing out this result paper that they compare. It's nuts. It's just crazy."

As you'll hear, it's even worse than I've described it here. But, that's how it still works (or doesn't) in PA, after all of these years, and even in light of a forensic analysis by computer scientists of just one PA county voting system in 2011, after vote-flips were reported and candidates received zero votes in several elections in heavily-Republican Venango County. (See our exclusive special report and documents here.) That landmark study found, among other disturbing things, as we reported at the time: "unexplained, out-of-sequence activity log entries in the computer tabulation system, indications that the system was mounted several times with a 'USB flash drive' device, and, perhaps most troubling, evidence that the system was repeatedly accessed by an unidentified remote computer, for lengthy periods of time, on 'multiple occasions.'"

Those same systems --- and even worse ones --- are still used today across the state in 2016, as the fate of the world relies on them. Yes, as we've been warning you for more than a decade: "It's just crazy."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)