We're getting our sea legs back n today's BradCast, after a few days off (thanks, Nicole Sandler for filling in for us!) Luckily it's been a slow few new days since we last spoke. Sigh... [Audio link to full show is posted below summary.]

Anyway, among the stories covered on today's program...

• How pathetic is malignant narcissist, Donald Trump? So pathetic that he completely made up an invitation to throw out the first pitch at a Yankees game after the nation's top infectious disease expert, Dr. Anthony Fauci, was invited to toss the first pitch at the Washington Nationals' home opener last week;

• Well, that didn't take long. Now 17 members of the Florida Marlins are said to be infected with the coronavirus, leading Major League Baseball to suspend the Marlins' season through at least this Sunday along with the cancellation of three games this week between the Yankees and Phillies. All of this comes just days after MLB opened for a truncated 60 game season. They didn't make it past Day 3 without an outbreak;

• If MLB and its billions of dollars can't keep its player safe, how do you suppose your local school district is gonna fare next month if they are ordered to re-open for in-person classes? That is still the plan for Florida Governor Ron DeSantis who is bravely risking the lives of his state's children and their teachers in hopes that somehow that will help Donald Trump get re-elected in 98 days. We wonder if he's noticed that the infection and hospitalization rate for KIDS in the hot-spot Sunshine State is now exploding, with more than 31,000 cases of COVID-19 for Floridians under the age of 18 as of late last week --- a 34% increase in cases and a 23% increase in hospitalizations since the week prior. More than 300 children in Florida are now hospitalized with the virus, with one-third of them between the ages of 14 and 17, and 67 cases of hospitalization for those younger than one year old. That, after Donald Trump told the nation last week at a White House coronavirus briefing that school age kids "don’t catch it easily; they don’t bring it home easily";

• Meanwhile, on Capitol Hill, the nation's most corrupt Attorney General in history, Bill Barr, testified for the first time ever before the U.S. House Judiciary Committee on Tuesday, as federal troops wreak chaos on American streets and after interceding in criminal cases on behalf of Trump's convicted felon friends, former National Security Advisor Michael Flynn and GOP dirty trickster Roger Stone. Both were found guilty of lying to federal investigators during Robert Mueller's Special Counsel probe into Russian interference in the 2016 election. It was a contentious hearing that seems to have accomplished little. Though it did include a moment when Barr, who pretended to be concerned about the rule of law, seemed to suggest it might be just fine for the President to solicit and/or accept foreign assistance in an election. For the record, that remains illegal --- at least for those who actually do care about the rule of law --- whether Barr actually enforces such things or not;

• Then, the disinformation wars continue, as led by the President of the United States and his more-than-willing accomplices. One of which, naturally, is his eldest son and namesake Don Jr., who ended up in "Twitter Jail" today for retweeting a video by Breitbart "News" that Twitter, Facebook and YouTube consider to be "false information about cures and treatments for COVID-19."

• But, of course, Trump Sr. has many such accomplices in the rightwing media. Unfortunately, that isn't limited only to wingnut propaganda cable channels like Fox "News" or Internet propaganda outlets like Breitbart. It also includes the second largest owner of local television stations in the nation. Late last week Sinclair Broadcasting Group, which is allowed to own nearly 200 local stations in more than 100 markets, was shamed into temporarily pulling an episode of American This Week, as hosted by disgraced and fired Fox "News" personality Eric Bolling. (While texting unsolicited photos of one's genitalia is apparently enough to get ya fired by Fox, Sinclair doesn't seem to mind it all!)

  The episode in question featured an interview with a dubious, self-proclaimed "expert in virology" who, among other thing, claims that wearing a mask causes COVID-19, that Dr. Fauci "manufactured" the virus and sent it to Wuhan, China for some reason, and that an eventual coronavirus vaccine will "kill millions". After light was spread on the false claims featured in the episode, Sinclair pulled it for retooling. Today, CNN reports, they will not be airing it at all anymore. The Media Matters Senior Researcher who first exposed the Sinclair conspiracy propaganda, ZACHARY PLEAT, joins us on today's show to explain what happened and why Sinclair's pro-Trump propaganda --- hidden in plain sight, often coming out of the mouths of your favorite trusted local news anchors --- is arguably more insidious than even Fox "News".

  Moreover, that rightwing propaganda is being spread over OUR PUBLIC AIRWAVES in dozens of mostly southern and midwestern states across the country, on stations owned by Sinclair with frequencies licensed (for free) to them by the federal government in exchange for serving "in the public interest". Hopefully the FCC, during the next Administration, will take a long hard look at Sinclair's licensing agreements next time they come up for renewal;

• Finally, Desi Doyen joins us for our latest Green News Report, with two surprise hurricanes in two different U.S. states over just one weekend; more environmental destruction by the Trump Administration on (hopefully) their way out the door; and the installation of the world's largest battery now set to power tens of thousands of homes with clean, renewable energy in Southern California...

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We kick off today's BradCast on a somber, if hopefully inspiring note, on the passing of civil rights icon Rep. John Lewis who died on Friday after a battle with cancer. His decades-long fight for voting rights --- and the call to cause "good trouble, necessary trouble" --- has been an inspiration to this show and our work at BradBlog.com for many years. The best tribute we can offer to Rep. Lewis, of course, is to continue his fight as best we can. And so we do once again today. [Audio link to full show follows below.]

More than 100k absentee/Vote-by-Mail (VBM) ballots were rejected by election officials in the state of California after its March 3rd Super Tuesday primary, according to a new AP analysis. Many of the rejections were due to voter error, though not all. Some were also due perceived mismatched or missing signatures and a to a too-short statutory deadline (3 days) for VBM ballots to arrive after Election Day. The state has now increased that time to 17 days for ballots postmarked by Election Day to be included in the final tally.

But, of course, various problems with VBM is why in-person polling places remain very necessary in CA and all states this year, even with expanded mail-in voting during the COVID crisis. That is true even in the Golden State, which will be sending VBM ballots directly to all active registered voters this year because of the pandemic. Here in Los Angeles County, however --- the nation's most populous voting jurisdiction --- the Registrar-Recorder/County Clerk Dean Logan has said that, for in-person voting, he will stick with the County's new, horribly failed $300 million unverifiable touchscreen voting and electronic pollbook system this November, despite the disasters that resulted in 3, 4, and 5 hour lines to vote and an untold number of disenfranchised voters during the system's first county-wide use on March 3rd.

I discussed the decision by Logan to use L.A. voters, once again, as guinea pig beta testers this November, during the most critical election of our lifetimes, in a segment late last month on CBS2-LA News with investigative reporter David Goldstein. Incredibly, CA's Democratic Sec. of State Alex Padilla and the L.A. County Board of Supervisors have all apparently agreed to allow the failed system --- called "Voting Solutions For All People" or VSAP --- another try on November 3rd. What could possibly go wrong?

An L.A. County Civil Grand Jury --- which has also been investigating the VSAP failure --- thinks a lot could go wrong. The group's report on the VSAP failures [PDF] by both Logan and Padilla, entitled "Maybe I Voted?", demands answers from Registrar Logan as well as the state. Goldstein, who has been closely following the VSAP mess since a few weeks before the March 3rd election, followed up by covering the "scathing" L.A. Grand Jury report and called me once again to appear in that follow-up report on CBS2-LA as well.

Meanwhile, a group of Election Integrity advocates in the state sent an open letter [PDF] late last week to Gov. Gavin Newsom (and Sec. of State Padilla), seeking an Executive Order for important improvements to the state's 1% post-election audit process. We're joined today by RAY LUTZ, longtime Election Integrity advocate and the founder and Executive Director of CitizensOversight.org. His organization won a ruling in a lawsuit several years ago that would have required all Vote-by-Mail ballots to be included as part of the pool from which the random sample of ballots are drawn when determining which of them will be hand-counted after an election to assure the accuracy of the state's computerized optical-scan ballot tabulators.

When Lutz filed suit in San Diego after the 2016 election, that County's Registrar, Michael Vu, was drawing only from votes cast at the precinct or absentee ballots that were counted early for inclusion in the 1% post-election spot check. As the groups notes in their press release [PDF] announcing the letter to Newsom, that resulted in some 285,000 ballots that were automatically excluded from the mandatory "audit" in 2016. Lutz' win in the courts, however, was short-lived after Padilla (with support from L.A. County's Logan) lobbied the CA state legislator to specifically allow Registrar's to ignore late mail-in ballots all together during post-election audits. Leaving those ballots out of the audit, Lutz argues, means that nefarious actors "can just move ballots --- ten thousand, twenty thousand at a time --- from one candidate to another and no one would be the wiser because they wouldn't have that check." That, he says, is a virtual roadmap for election theft.

His group's letter asks the Governor to declare that all ballots should be included in the potential audit sample pool in this November's elections, particularly now that some 90% of votes are likely to be cast as mail-in ballots for the first time this year, due to the Governor's previous Executive Order to send VBM ballots to all this year.

Moreover, Lutz echoes frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (which is suing Georgia to force hand-marked paper ballots for all) in her important tweeted concerns last night observing that both major political parties are utterly failing to ensure proper public oversight of absentee ballot handling and tabulation. Marks complained that Elections officials across the country (and definitely in Georgia!) are "working overtime to block transparency, block access, block observation, work[ing] behind closed doors, etc. This, of course, plays into Trump's hands in that if he wants to claim 'rigging,' the Dems will have little evidence documented to rebut the claim."

Lutz agrees with her thinking. California is "not a battleground state," he says, "but remember, the popular vote is always a big issue in the Presidential election. And as you remember last time, Trump made a big deal about 'illegal voter fraud' and all these 'million illegals are voting'. So we have to have our act together for this election to defend against those claims. If we do what we're doing now, we're going to have up to six million ballots that are completely unaudited and can be flipped. Six million votes is a lot. So we need to have this change."

The issue, he goes on to explain, is not only important in California. "Any state that expands their vote-by-mail or absentee voting right now probably is not auditing those ballots." Lutz points listeners to the letter to Newsom, suggesting others push for similar improvements to post-election audits in other states as well, given that, as bad as CA's processes are, they are still better than many states where no computer-tallied votes are ever examined by any human beings at all before election results are certified. "We can't rely upon the election officials, or really anyone, to do this job for us," he argues. "The public has to do its own oversight of its elections. No one can be trusted. We have to do it ourselves. This is where we really call on the citizenry to stand up and really take a look at this. Because the most important thing we can do is to make sure these elections are sound."

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It ain't over 'til it's over. And several well-respected Constitutional attorneys have just filed a motion arguing the Roger Stone case is not over at all. Not yet anyway. One of those attorneys joins us on today's BradCast to explain. [Audio link to show is posted below.]

But first, some other news of note today. It's becoming a broken record, but the U.S. broke yet another record for new, daily COVID-19 cases on Thursday. It's the 11th such record smashed in the first 16 days of July. With more than 75,600 confirmed new cases reported on Thursday alone, the U.S. is now quickly rushing toward the 100,000 cases per day that Dr. Anthony Fauci shocked the nation a week or so ago by predicting was likely coming soon.

Of course, why should anybody believe the nation's top infectious disease expert Fauci on these things? Former game show host turned rightwing genius Chuck Woolery certainly doesn't! Or didn't. Maybe he does now. Woolery unleashed an unhinged Twitter rant on Sunday calling news about COVID-19 "outrageous lies", and warning us that "The CDC, Media, Democrats, our Doctors" are "lying" about it all. The President of the United State retweet that screed to much notice on the same day. The very next day, however, on Monday, Woolery tweeted again. This time "To further clarify and add perspective." What was his added perspective? His son had been diagnosed with COVID-19. That led the former "Love Connection" host to concede that the virus "is real and it is here." He deleted his entire Twitter account soon thereafter.

Yes. It's real and here, no matter how much Trump and his duped followers hope to pretend it away. And Woolery is just the latest wingnut to be hoisted on his own idiotic social media rantings suggesting the coronavirus is little more than hoax by the media and by Democrats to help them win the upcoming election and/or to allow Fauci and Bill Gates to control the world. Or something. Unlike so many other wingnuts, sadly, who've offered similarly dangerous public rants over the past several months, Woolery wasn't actually killed by the virus before his embarrassing social media spew revealed him to be an idiot. We send our best wishes for a healthy future to both him and his son.

Similarly, we send such wishes to U.S. Supreme Court Justice Ruth Bader Ginsberg who, after apparently overcoming an infection that hospitalized her overnight this week, announced that she, separately, has been undergoing twice-weekly chemotherapy since being diagnosed with a recurrence of cancer on her liver in May. She has, so far over the past decade, survived pancreatic, colon and lung cancer. She says her current cancer is "at bay" and that she is "able to maintain an active daily routine." In her statement today, she vowed to continue her work at the Court until she can no longer "do the job full steam," adding "I remain fully able to do that." In fact, according to NBC News, other than Chief Justice John Roberts and Justice Brett Kavanaugh, Ginsburg authored more opinions over the past term than any of the other Justices, even as she was undergoing treatment for cancer. Meanwhile, the nation will remain on pins and needles until a new President is sworn in.

Ginsburg's still-sharp mind may soon be needed on a number of landmark matters that could come before the Republican's stolen SCOTUS, as the Trump Presidency (hopefully) nears its ugly end over the next several months, even as he becomes more desperate, manic, narcissistic and reckless with each passing day. One such matter that could come before the Court is a ruling on the Constitutionality of Trump's grant of Executive Clemency to his long time pal, former Trump campaign official, and decades-long GOP dirty trickster Roger Stone.

On Wednesday this week, to little public notice, the non-partisan good government group Free Speech for People (FSFP) filed a motion [PDF] with U.S. District Court Judge Amy Berman Jackson, who oversaw the Stone case and his eventual sentencing to 40 months in prison. Stone was found guilty by a jury of 7 counts of lying to Congress and federal investigators in their probe of Russian interference in the 2016 election, and of witness tampering (threatening to kill the witness and his dog) in his case. Jackson, in her closing remarks after sentencing Stone, said he "was prosecuted for covering up for the President."

That same President then granted Clemency to Stone by commuting his 3-year sentence to zero days late last Friday night, before Stone could even reported to prison as scheduled this past Tuesday. But a number of well-respected Constitutional legal scholars are now arguing that Trump's action on Stone's behalf was unconstitutional and should be overturned by Judge Jackson.

"This case isn't over," declared Ron Fein, Legal Director of FSFP in a statement announcing the motion filed with Jackson on Wednesday. "The Supreme Court has acknowledged that the pardon power is not unlimited, and the Constitution requires the President to exercise that power loyally and carefully in the public interest rather than in his own self-interest."

Joining us on the show today is BEN CLEMENTS, a former federal prosecutor, former Chief Counsel to MA Governor Deval Patrick and now Board Chair and Senior Legal Advisor for FSFP. Clements, with more than thirty years of expertise as a constitutional attorney in both the public and private sectors is co-counsel on the motion filed by this week with Judge Jackson.

"In the very clause establishing the Presidency itself, Article II of the Constitution, the framers included language making clear that the presidency is, in effect, a public trust. Its powers must be exercised for the benefit of the public, and not the personal benefit of the President," Clements tells me today. "They specifically provided that the President is required to take care that the laws be faithfully exercised and executed, and they required the President to take an oath to faithfully execute the office of President."

Clements goes on to explain that the Presidential pardon power, while "considerable" is "not absolute," and that the Supreme Court has recognized those powers "are subject to the textual constraints in the Constitution itself." In other words, as he details today, it can't be used in a criminal manner or with a corrupt purpose. He offers the example that it would be unlawful and unconstitutional for a convicted felon to pay bribe money to the President in exchange for a pardon.

"Granting a pardon or a commutation for a completely unlawful and illicit purpose is antithetical to [the President's] obligation to ensure that the laws are faithfully executed," Clements argues, adding, "There's ample public evidence that this was part of an illicit bribe. Stone agreed to protect the President by refusing to tell the truth, even lying to investigators investigating the role of Trump and his campaign in Russia's unlawful interference in the 2016 election. And Trump agreed, in exchange, to protect Stone from the legal consequences of his illegal conduct."

"At a minimum, the public evidence --- including statements from Trump himself throughout these last several years, and from the White House in describing the reasons for this commutation --- that evidence demonstrates that Trump's purpose in commuting [Stone's] sentence is to reward him for covering up for Trump, and to continue to protect Trump," according to Clement. "So, this is not 'faithful execution' of the laws as required by Article II. This is obstruction of the law, it's obstruction of justice, and it's obstruction of lawful investigations all for corrupt and self-interested purposes."

He says it is up to the court --- right now, Judge Jackson --- to consider the arguments presented and "if the judge agrees that the evidence is persuasive, to declare [the Commutation] constitutionally invalid and to order Roger Stone back to prison."

It's a fascinating twist --- or, at least, a potential one --- in the case. Clements goes on to offer his insight on how all of this may play out in the days ahead...including what may happen once, and if, the case reaches the High Court. You'll want to tune in for today's conversation for much more on this important filing, that has otherwise flown largely under the radar this week with everything else that is going on.

Finally, we end with some bonafide good news --- at least for progressives --- as 44-year old progressive African-American and first time political candidate, Jamaal Bowman, is declared the winner by AP over 16-term establishment U.S. Rep. Eliot Engel in New York's June 23rd Democratic primary. Bowman's reported victory in the 16th Congressional District mirrors Alexandria Ocasio-Cortez' win over 10-term Democratic Congressman Joe Crowley in 2018. And, as with AOC's District next door, Bowman's is heavily Democratic as well, meaning the winner of this year's primary is, as AP reports, "virtually assured of victory in the general election in November."

So there's a bit more good news to take home with you this weekend, as we all limp together towards the hoped-for coming end of the Trump nightmare and all that has come with it...

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We've got a bit of a roller coaster today between good news and terrible news on today's BradCast. But that's life in the times of Trump and the coronavirus, I guess. [Audio link to full show is posted below.]

First up today, the COVID-19 crisis continues to gravely worsen in the U.S., with new record infections and hospitalizations now pretty much every day for the past month. Despite the increasingly desperate concerns expressed by health experts, especially for hotspots where Governors reopened states far too early, some Republicans from the President of the United States on down are calling for measures that will only increase infection rates, hospitalizations and, yes, death.

Florida's Education Commissioner Richard Corcoran on Monday, for example, declared that all public schools must reopen next month to all students for in-person classes five days a week. His emergency order notes that reopening schools is critical to "a return to Florida hitting its full economic stride". That, despite more than 200,000 confirmed cases and new record daily infection rates each day for weeks now in the Sunshine State.

At the same time, in Washington D.C. on Tuesday, Donald Trump held a White House event to demand the reopening of schools and to praise Florida's Governor Ron DeSantis for a "terrific job" in ordering them to open. Trump claimed that schools have been closed elsewhere for "political reasons" and added that "we are very much going to put pressure on Governors and everybody else to open the schools." This is now a death march being led by the President of the United States.

But if Republican politicians are fine sending children and their teachers and their families to their potential deaths, how do you think federal judges appointed by Trump or sympathetic to his political cause are going to react to measures being taken to try and make voting safer for Americans on November 3rd? We're joined again today by Slate's ace legal reporter MARK JOSEPH STERN to discuss Monday's opinions released by the U.S. Supreme Court, as well as a disturbing pattern of rulings at both SCOTUS and on the appellate level over the past two weeks that bodes darkly for this year's crucial Presidential election.

First, Monday's new opinions: The Court decided unanimously that states may prevent so-called "faithless electors" from casting their vote in the Electoral College for someone other than the Presidential candidate chosen by the state's popular vote. The issue stemmed from two combined cases of "faithless electors" in 2016, one of which was brought by plaintiff Michael Baca against Colorado. Baca appeared on The BradCast in December of 2016 to explain the reasons for his planned "faithless" vote in the Electoral College that year, before he was later prevented by the state from casting it.

While that opinion, written by Justice Elana Kagan received most of the media attention on Monday, another opinion handed down by the Court that day is likely of far greater import. The Court's 6 to 3 decision, with Justice Brett Kavanaugh writing for the majority in a case concerning robocalls made to cell phones, actually reveals some very encouraging news regarding a challenge to the Affordable Care Act (ACA or Obamacare) that will be heard next session by the Court. Kavanaugh's opinion, striking down one element of a robocall law as unconstitutional while upholding the rest of the law, suggests the challenge to Obamacare by GOP-controlled states and the White House --- seeking to strike down the entire health care law as unconstitutional based on the constitutionality of one single, now meaningless, provision --- is likely to fail.

As Kavanaugh crucially noted in his opinion, in words that will be remembered next year during the ACA case: "Constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute."

"It's important to note that seven justices agreed with [Kavanaugh] on that particular point," Stern tells me. "Only Thomas and Gorsuch disagreed."

And with that seemingly very good news out of the way, we turn to a flurry of recent decisions by both SCOTUS and a number of federal appeals courts that are extremely concerning and revealing as to how right-wing controlled federal courts will be dealing with voter suppression cases and measures intended to make voting easier during the pandemic this November. Recent court rulings in cases out of Florida, Wisconsin, Alabama and Texas, as Stern explains, are very troubling indeed and suggest we could be in for no small amount of chaos, disenfranchisement and, yes, deadly disease, in this year's critical general elections.

There are more opinions to come from the Court before they are finished for the summer. Quips Stern darkly today: "We've got a handful left, and we will see if the Supreme Court breaks our democracy before the end of the term."

Finally, we close with Desi Doyen and our latest Green News Report, with a bit more news out of SCOTUS and lower federal courts, including some surprisingly very good news on several controversial oil and gas pipelines!...

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On today's BradCast: Why does Indiana's Secretary of State Connie Lawson believe her emails with other Secretaries of State, and potentially voting system vendors, should be exempt from disclosure via public records requests? She is claiming her discussions about those systems with members of the private National Association of Secretaries of State (and any private vendors they may discuss or hear from) should somehow be protected due to exemptions for trade secrets and national security that cannot be exposed to the public. A judge in Indiana, however, seems to believes she is wrong. [Audio link to full show is posted below summary.]

But, first up today, a few items of breaking news amid our ongoing dystopian American nightmare...

• A federal appeals court panel agreed today with a lower court judge that Donald Trump violated the law when he commandeered $2.5 billion in tax-payer dollars appropriated by Congress for the military in order to build his wall under the phony guise of a "national emergency". That, after Congress had specifically refused to allocate such funds. Bill Barr's corrupt Dept. of Justice will likely be appealing that one all the way up to the GOP's stolen U.S. Supreme Court if necessary;

• As we have been warning for weeks (months?), the coronavirus pandemic is getting worse, not better, in the U.S. In particular, as we've demonstrated, many of the hardest hit regions where infection rates, ICU usage and deaths are skyrocketing are places where Republican politicians have been successful in joining our maniacal conman President in pretending the virus would simply go away if we just reopened our doors for business. That strategy has failed miserably and tragically. So much so, that the very Trumpy Republican Governors in two of the hardest hit states, Florida and Texas --- which were among the first to prematurely reopen --- were forced to re-close bars, restaurants and other businesses today as infections rates surge to record numbers in their states, and as ICU beds in some locations are quickly filling to capacity;

• That, at the same time Vice President Mike Pence, who heads up the White House Coronavirus Task Force (remember them?), held their first press briefing in weeks to continue the Administration's attempted gaslighting of America to declare "very encouraging news" in the case numbers which are going straight up now in a majority of U.S. states;

• Today's grim record COVID-19 numbers come just days after our failed President lied to his supporters at his latest maskless Death Rally inside a Phoenix church on Tuesday that "it's going away". It's not. It's getting worse. That was the same day in which internal White House task force documents, according to an NBC News exclusive, told both Trump and Pence that new case numbers in Phoenix --- which "had the highest number of new cases among the 10 metropolitan regions where the week-over-week change in infection rates spiked the most" --- was up some 150 percent over the past week. And, yes, infection rates, hospitalizations and deaths rates are rising as well, according to the White House's own numbers. That is not, despite the lies from both Trump and Pence, caused simply by "more testing".

With unabashed criminals like this now running our country --- and hopefully facing charges of criminal negligence if not mass murder someday soon --- we turn back to our "last firewall": our electoral system. There, we've got a bit of good news today, as Indiana Judge Heather Welch has rejected most of the claims made by the state's Sec. of State Connie Lawson (formerly a member of Trump's failed and phony "voter fraud" commission) to try and obscure her emails with members of the National Association of Secretaries of State (NASS).

The judge's ruling stems from a lawful request filed under Indiana's public records act. The suit, filed on behalf of the National Election Defense Council (NEDC) by Free Speech for People (FSFP), seeks those records in which Lawson was discussing voting systems with fellow Secretaries around the nation, NASS staffers, and, very likely, according to our guest today, private voting system vendors who wine, dine and lobby our nation's elections officials. In turn, those officials buy the unsecure, overly-expensive, error-prone computer voting and tabulation systems from the companies, and then parrot their talking points when the systems fail or when the public seeks to learn how they actually work (or don't.)

We're joined today by FSFP Legal Director RON FEIN to explain the court's recent ruling [PDF] in which the Judge rejected most of Lawson's claims to things like copyright and trade secret exemptions for her official Sec. of State emails. The judge is also demanding to privately review in her chambers those emails about which Lawson is claiming statutory exemption on the basis that disclosing those emails to the public would pose "a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack."

Lawson [pictured above with her newly purchased unverifiable computer voting systems] served as President of NASS from 2017 to 2018. She falsely testified [PDF] in 2017 before the U.S. Senate Intelligence Committee, during its probe of Russian interference in the 2016 election, that America's "voting machines are not connected to the Internet or networked in any way." That claim has been proven to be an out and out lie, over and over and again.

Nonetheless, if true, what possible "vulnerability to terrorist attack" could Lawson be referring to? Fein offers his thoughts, and explains why the judge's ruling that "access to public records is an important statutory right," is already a victory in this little known, but potentially very important case.

"The fact that the Indiana Secretary of State has fought so hard to keep these materials private suggests that at least some of them have something that's embarrassing that they don't want the public to see," Fein tells me, suggesting that, "In some cases, the [voting system] companies are either outright bribing or engaging in extremely unethical practices with election officials."

"One of the most essential elements of democracy is a free and fair election. And the free and fair election requires that it be secure and trustworthy...And we have misinformation out there about the security of these systems. When that misinformation is being spread by election officials whose job is supposed to be to spread accurate information and, if anything, tamp down misinformation, then it means that we have a crisis of legitimacy in the election," Fein explains. "What we're hoping through this public records access lawsuit is that, if we can shine a light on the processes by which election officials end up as vehicles for misinformation about the security and reliability of our election systems, then that will provide an opening for reform."

Please tune in for the full conversation, as we cover quite a bit of ground. And, just for the record, Lawson also misled the Senate Intelligence Committee when she insisted under oath that "no votes were changed in 2016." In fact, nobody actually knows one way or another, because nobody ever bothered to check.

Finally today, after yet another hellish week in Trump's America, we close with a smile and a song "celebrating" his under-attended Death Rally last weekend in Tulsa...

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This is about far more than the fate of Michael Flynn.

Last week, in an amicus curiae (friend of the court) brief [PDF], former federal prosecutor John Gleeson, a retired federal judge, together with a number of renowned attorneys and constitutional scholars, offered a scathing condemnation of the William Barr-led Department of Justice. Gleeson denounced the DOJ's "corrupt" and "politically motivated" effort to dismiss the long-running case against Flynn, Donald Trump's former National Security Advisor, who, the brief describes as a "political ally of the President."

The issue at stake in this case is not only on a matter of accountability for Trump's disgraced former National Security Advisor. It also entails a question of whether the corrupt political influence the President has exerted over an ethically compromised Attorney General will now flow into and compromise a co-equal branch of government, the federal Judiciary...

On today's BradCast, the gaslighting of the nation continues, from Flynn to Florida. [Audio link to show follows below.]

Two weeks ago, U.S. Attorney General Bill Barr's Dept. of Justice stunned the legal world by filing a motion to drop all charges against Lt. General Michael Flynn, Donald Trump's first National Security Advisor and one of his earliest supporters. Flynn had twice pleaded guilty before three different judges about lying to the FBI about his conversations with the Russian Ambassador before Trump's inauguration. His guilty plea also included the admission that he was a paid agent for the nation of Turkey, which he failed to disclose even as he received highly classified briefings after Trump's election before going on to serve as the nation's top national security official in the White House.

Flynn initially lied to FBI officials in January of 2017 and was recently set to receive his sentencing in federal court when his new Fox "News" lawyers convinced him to try and withdraw his guilty plea. Before U.S. District Court Judge Emmet Sullivan was able to decide on that matter, Barr, Trump's new fixer, jumped in to try to make the prosecution go away completely, claiming that the initial interview during which Flynn lied to federal officials about his conversation with Russian Ambassador Sergey Kislyak, should never have happened in the first place. Barr argues the counterintelligence probe being carried out by the FBI at the time, looking into Russia's alleged interference in the 2016 campaign and potential cooperation by the Trump Campaign, should also have never happened in the first place.

The problem is Barr's own DoJ --- just a few months ago, at the beginning of this year, in their sentencing recommendation memo [PDF] for Flynn --- argued the 2017 interview was "material to the FBI’s counterintelligence investigation to know the full extent of the defendant’s communications with the Russian Ambassador, and why he lied to the FBI about those communications." They called Flynn's false statements to the FBI "significant" and potential "evidence of links or coordination between the Trump Campaign and Russia."

Week's later, in the May 7 motion to dismiss the charges [PDF] against Flynn --- which all of the career prosecutors who worked on the case for years refused to sign --- Barr's DoJ claimed the exact opposite, that the January 2017 interview with Flynn was not "conducted with a legitimate investigative basis." Barr himself, during an interview with a former Fox "News" reporter explaining the unprecedented filing, argued that the FBI "did not have a legitimate basis for a counterintelligence investigation against Flynn."

But Barr's DoJ argued the opposite case only weeks earlier and offered few details in the new filing about why they are now, suddenly, changing their legal position. Judge Sullivan is none to happy about any of it and has retained a retired prosecutor/federal judge to argue against the new filing now that the DoJ has literally joined forces with the Flynn defense team they were previously prosecuting.

The argument, as national security journalist MARCY WHEELER of Empty Wheel recently reported, is now between the Barr DoJ's two different and conflicting positions on the matter and, she explains, should be covered as such by the corporate media seeking to "both sides" every issue.

Wheeler joins us today to explain the extraordinary, unprecedented mess, and how it is that Barr and his DoJ now find themselves, literally, on both sides of the issue, as the nation's top law enforcement official continues his partisan bidding for the President of the United States. "You can't, as the same party," says Wheeler, "stand before a court and say, 'I think 2 plus 2 is 4 and then the next day come in and say, 'I think 2 plus 2 is 17.' That's effectively what DoJ has done, given that Bill Barr's DoJ said in January this was material to a serious and legitimate investigation, and now he's saying this was not material because the investigation was not legitimate."

She also discusses whether the media are falling for Barr's bogus claims; whether Barr and the DoJ could, themselves, be sanctioned by Judge Sullivan; and whether Sullivan's new hire, Judge John Gleeson, may argue that Flynn, in this case, should be charged with contempt for his perjurious lies to the court.

Then, as Barr tries to gaslight the nation, the state of Florida, under the command of GOP Governor and Trump pal Ron DeSantis, is apparently trying to do the same amid the coronavirus pandemic. A new report from Florida Today finds that the state's lead Department of Health official who headed up the creation of Florida's highly lauded COVID-19 dashboard website, was recently removed from the job after refusing to censor key scientific data on coronavirus cases, spread and deaths in the Sunshine State while DeSantis is risking lives by "reopening" the economy there faster than health experts recommend.

The way in which Republicans are trying to deny, ignore and otherwise hide scientific data in favor of promoting the economy at all costs, as we discuss, is a perfect hyper-speed analog of how the same political party has attempted to deny, ignore and otherwise hide the science of climate change in favor of the economy, no matter the expense to the public and the death toll that folly similarly entails.

Finally, Desi Doyen joins for the latest Green News Report with more lessons we should learn from the COVID crisis about the climate crisis; news on the massive, climate change-fueled cyclone about to slam into one of the poorest regions on earth in the middle of the pandemic; and the Trump EPA's approval of rocket-fuel toxins in your drinking water...

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Today, we devote the bulk of The BradCast to HBO's new documentary film, released just last week and considered important enough that the premium cable channel is now making it available, for free, through May 25th on their YouTube channel right here. (You can also watch a number of clips, teasers and extras from the film here.) [Audio link to today's full program is posted below.]

The new film is called Kill Chain: The Cyber War on America's Elections and it comes from the team who created the landmark, Emmy-nominated 2006 HBO doc Hacking Democracy.

The climax of that earlier film (you can watch just that key scene right here) featured the first known on camera hack of a Diebold optical-scan vote tabulation system, which changed the results of a mock election in which one question was asked on the ballot: "Can Diebold's optical-scan vote tabulators be hacked?" The votes, as we see them cast in the film on hand-marked paper ballots by Election Integrity advocates including Bev Harris of Black Box Voting in the office of then Leon County, Florida Supervisor of Elections Ion Sancho, are clearly 6 'NO' and 2 'YES'. But when the paper ballots are run through the tabulator, the results reported back by the computer are 1 'NO' and 7 'YES'. The tabulator had been hacked and only a hand-count of the hand-marked paper ballots would ever have revealed that it was, had it happened in an actual election. (Needless to say, almost no paper ballots are hand-counted by humans after elections in the U.S., including the 2016 Presidential election, to assure the computers are reported accurate results.)

The manipulation of the system at the time was carried out by legendary Finish cybersecurity and voting system expert Harri Hursti, who is the central character in this new follow-up film. It follows Hursti as he uncovers new and persistent revelations proving that U.S. elections remain far more vulnerable than many realize, and arguably no safer or more secure from manipulation --- by foreign or domestic actors --- than they were during the making of the 2006 film or even since the 2016 Presidential election. (Yes, the same optical-scanners hacked in the 2006 film are still in use in states around the country in 2020!) All of that, despite assurances from the U.S. Intelligence Community and bipartisan U.S. Senate Intelligence Committee that Russia attempted to access elections systems in all 50 states in 2016 --- when Donald Trump is said to have won by a razor thin margin in three states that hadn't voted for a Republican candidate in decades. Those same institutions continue to warn us that Russia plans to do the same in 2020, though as the film shows, it does not take a nation-state in order to do so.

We're joined for today's special edition of The BradCast by SIMON ARDIZZONE and RUSSELL MICHAELS, the British directors of both 2006's Hacking Democracy as well as, with Sarah Teale, the follow-up Kill Chain out this week from HBO. We share a number of clips from the new film, which features at its climax a chilling interview with a foreign hacker, shot in silhouette, who explains that, before the 2016 election, he was able to take complete control of Alaska's entire election system --- from its online voter registration database to its vote tabulation system. The hacker, who goes by the name 'CyberZeist', claims he was able to gain access to every user name and password on the system and obtain root access to change anything he might have wanted to. "I could have made any changes in the system, like deleting the candidates. I could kick anyone out. I could alter any date, any vote." he claims. "It was such a rush that, at that particular moment, I felt like I was the God."

Ardizzone and Michaels offer insight on CyberZeist and why they believe his allegations to be very credible. But there are many other disturbing allegations and evidence to support them presented before that point in the movie, including Ion Sancho's reflections and continuing concerns 16 years after the first film, as he reports on the mandatory secret meeting that all Florida election supervisors were summoned to after the 2016 election, regarding a hack of VR Systems, the contractor which runs the voter registration system in the Sunshine State and others as well. That is the company --- and the spearfishing operation --- described in documents leaked to media in 2017 by DHS whistleblower Reality Winner, who is still serving 5 years in federal prison for having done so.

We also witness disturbing evidence of chicanery in the 2018 Gubernatorial election in Georgia, which was overseen by its eventual "winner" Brian Kemp. He served as Secretary of State at the time, responsible for programming the state's unverifiable touchscreen voting systems and creating the electronic access cards needed to vote on it. The filmmakers were there and had their cameras rolling on Election Day in 2018 when those voter access cards failed, leading to hours-long lines to vote in one of the state's most Democratic-leaning counties. Kemp would eventually be named the winner of the election by little more than 1% over popular Democratic candidate Stacey Abrams.

Longtime BRAD BLOG readers and BradCast listeners are likely to recognize a number of the featured players in the film, as many of them have been repeated guests on the program over the years. Ardizonne and Michaels share a number of insights on the making of the film today, such as why it took 14 years to follow-up the previous one and the mysteriously huge interest in the original online just before the 2016 election; they offer additional details on several disturbing discoveries made by hackers at DefCon's Voting Village in Las Vegas; they discuss how the private voting system vendors responded to invitations from the filmmakers to tell their sides of the story in the movie; what the reaction has been from law enforcement officials to CyberZeist's revelations since the film's premier last week; whether they believe the 2016 election results were legitimate; whether a move to Vote-by-Mail during the coronavirus crisis will help avoid any of these problems in 2020; and why the film is titled Kill Chain.

"We, actually, in a way, didn't want to make [Kill Chain," Ardizzone tells me. "The reason we made it was because we noticed a really sudden uptick in the number of people who were watching Hacking Democracy online. And a lot of our contacts started to get back in touch with us, saying, 'You know, even though you made that film, the problems are still there, and they're kind of worse now.' And this was before the elections in November 2016."

"I believe, to this day, no individual voting machines [from 2016] have been subpoenaed, sequestered and cyber-investigated by the Department of Homeland Security," Michaels says. "The scientists are screaming out, saying this is completely insecure, you must stop doing it. As far as I'm aware, no one is going to stop doing it in 2020. It's still going full steam ahead."

Of course, there is much much more. I believe you'll want to tune in for this conversation today.

Finally, we close today with a bit of listener mail regarding the ongoing and upcoming election disaster now underway in Wisconsin which is still set to hold its Presidential Primary this Tuesday. That, despite the global coronavirus pandemic, a statewide stay-at-home order issued by the Governor, a lack of poll workers willing to risk death by working the polls, and a flood of absentee ballot requests and incoming mail ballots that officials are finding impossible to keep up with given their current lack of resources.

If any bad guys out there were hoping to cause havoc and chaos in the American electoral system, well mission accomplished! Hopefully it won't result in too many people actually dying in Wisconsin, where the state's Republican-controlled legislature has repeatedly refused the Democratic Governor's pleas to postpone the election or change it to an all Vote-by-Mail election...

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We enjoy a brief pause from our wall-to-wall election coverage of late on today's BradCast (if not entirely) to revisit the ongoing unraveling of the rule of law as we know it at the U.S. Dept. of Justice under Donald Trump's fixer Attorney General Bill Barr. [Audio link to show is posted at end of summary.]

Late on Thursday, a long-time U.S. District Court judge appointed by George W. Bush issued a blistering --- and perhaps unprecedented --- opinion, essentially describing the U.S. Attorney General as a liar. Judge Reggie Walton described Barr's characterization of the Robert Mueller Special Counsel's Report on the investigation into Russia's influence on the 2016 election, as "distorted" and "misleading".

He cited "inconsistencies" between Barr's description of the findings in Mueller's 381-page report before it was released in redacted form last year, versus the often-damning evidence actually revealed by the Special Counsel's probe. Walton declared that Barr's "lack of candor" called into question his "credibility and, in turn, the department's" reasons for redacting portions of the report in response to a Freedom of Information Act (FOIA) request for the full, unredacted text of the document.

"The inconsistencies between Attorney General Barr’s statements, made at a time when the public did not have access to the redacted version of the Mueller Report to assess the veracity of his statements, and portions of the redacted version of the Mueller Report that conflict with those statements cause the Court to seriously question whether Attorney General Barr made a calculated attempt to influence public discourse about the Mueller Report in favor of President Trump despite certain findings in the redacted version of the Mueller Report to the contrary," Walton said.

The unusually blistering opinion by a federal judge of a sitting U.S. Attorney General, challenging the credibility of DoJ prosecutors who, he felt, might be lying about the reasons for redactions in order to protect Barr's earlier false claims (that Mueller found no evidence of collusion and was unable "to establish that the President committed an obstruction of justice offense" --- all lies) is being cited by former prosecutors as "indicative of the fabric of the justice system deteriorating".

Judge Walton has now ordered the DoJ to privately reveal to him what is under the redactions that the government is claiming are related to national security and other lawful exemptions from FOIA requests.

We're joined today by BuzzFeed News investigative journalist JASON LEOPOLD, who filed the FOIA request in question and has now been forced to sue with the Electronic Privacy Information Center (EPIC) to challenge the validity of the DoJ's redactions. Leopold tells us he's filed "well over 3,500" such requests, having sued the government "70 times" to force them to follow the law, but says he has never seen anything like the response unleashed by Walton (who has presided over other suits brought by Leopold as well.)

In other similar litigation, Leopold explains, judges tend to simply defer to claims by prosecutors. If they say there is good reason to keep the material redacted, judges do not tend to question them. "It's rare, it's very rare that a judge will actually say 'let me take a look at this and make a decision'." But, Leopold tells me, he has noticed Walton increasingly losing patience with the Department in recent months. "He's become very, very frustrated and sees this as politicization...and therefore, he just can't take their word that these redactions are justified and followed the law."

When I ask if Walton's charge that Barr was "lacking in candor" is a polite way for the judge to say he may be lying, Leopold says "not 'may be' lying --- is lying!," according to his reading of the federal jurist's opinion.

"This is a very important opinion," he argues, "because you're going to see this opinion cited in other Freedom of Information Act cases, when they go to court to say that the withholding of records, that there's questions about whether there's politicization behind that, and that Barr is the person who presides over this department and simply doesn't have credibility." Leopold continues: "This doesn't just disappear. It doesn't just go away. This is in the record. This is a case that people can cite. Barr has really damaged the reputation of the Justice Department."

All of which serves as a helpful reminder of the importance of removing this dangerous Administration from office this November, no matter who ends up becoming the Democratic Presidential nominee. On that important point, and on the likelihood of Democrats winning back the Senate this year, we've got some encouraging news today --- presuming voters who oppose Trump can come together.

And, after that, some less encouraging news as we're joined by Desi Doyen for our latest Green News Report...

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On today's BradCast: If you think the coronavirus is worrisome now, just wait until voters in jurisdictions where they are forced to vote on unverifiable --- and germy --- TOUCHSCREEN computers start putting two and two together before Election Day. Not that the election officials who insisted on such an idiotic idea ever gave much of a damn about their voters, as our guest today makes abundantly clear. [Audio link to show is posted below.]

First today, however, another sign that Republicans should almost certainly be in very big trouble this November. But, of course, that requires voters be able to vote in a way that the public can know their votes were tabulated as per voter intent (not possible on a touchscreen voting system of ANY type.) The trouble for the GOP could get even worse, however, depending on the Administration's handling of the expanding coronavirus crisis. That response does not seem to be going well, so far. The Dow plummeted another 1,200 points on Thursday, due to investor fears of a global pandemic, resulting in the sixth straight day of losses and the worst week for the markets since October, 2008 --- the height of that year's global financial crisis.

But Donald Trump is finally on the job! He surprised the man who had been in charge of the government's response to the epidemic, Health and Human Services Secretary Alex Azar, by announcing that Vice President Mike Pence would now be the Administration's point man on the matter. Azar was informed at the same time as the rest of us, when Trump announced the news at a press conference on Wednesday evening as Azar was standing next to him.

As to Pence having "a certain talent for this", as Trump announced at the presser, Pence's record as Indiana Governor in 2015, when he presided over the worst HIV outbreak in state history, strongly suggests otherwise. Still, as Desi Doyen joins us to point out today, none of this is reason to panic. It is reason, however, to take a few simple measures to keep you and your family safe, and Desi offers some helpful tips toward that goal.

All of this is also just one more reminder as to why this dangerous menace of an Administration must be replaced as soon as legally possible. To that end, there are reasons to be concerned about the integrity of several upcoming primary elections, not to mention this November's critical general election. Saturday's crucial South Carolina primary will require all state voters to use brand-new, 100% unverifiable touchscreens made by a company with a long history of election failures. The March 3rd Super Tuesday primary, just three days later, will see voters in California, Texas, and North Carolina, among other states, forced to use new, similarly unverifiable touchscreen voting systems for the first time.

Meanwhile, in the battleground state of Georgia, where a federal judge last year ordered the state's nearly twenty-year old, failed, unsecure Diebold touchscreen systems to be scrapped and replaced, the Republican Sec. of State has now mandated that every county use all-new, unverifiable touchscreens made by the Canadian firm, Dominion Voting, for the upcoming March 24 primaries in the Peach State. That, instead of a simpler, safer, cheaper, verifiable hand-marked paper ballot systems.

We're joined today for a long-overdue visit from MARILYN MARKS, Executive Director of the invaluable Coalition for Good Governance, the lead plaintiff in the federal case that resulted in the decertification of GA's old touchscreen systems. And we've got a LOT of NEWS to catch up on with her today! Her group is also suing in federal court to block the new systems as well and filed this week, in state court, to block their use in a runoff election on March 3rd, given that the huge, brightly-lit touchscreens, as Marks explains, violate voter privacy by allowing others, from all the way across the precinct, to see the "secret ballot" of every voter!

She says "the outrageous way people are being required to vote in Georgia" is "disgusting" and "insidious". The new lawsuit [PDF] notes the new touchscreens (pictured above) are 22 inches high and 14 inches across. "It's very, very brightly lit with incredibly huge fonts. You can see across the room --- from thirty feet away --- you can see what candidate someone is voting for. So there is absolutely no ballot secrecy at all. Anybody in the room, you can see their ballot choices. The press can see it, the public can see it, the pollworkers can see it, their neighbors can see it, their minister, their doctor, their landlord, their boss. Everybody is voting essentially in public!," Marks says.

Marks watched "hundreds of people vote on this" while poll watching at last November's trial first run of the systems during a small municipal election and says, "we just turned our eyes when they get to the place that they're pressing the choice for their candidate, because we can see it from thirty, forty feet away. Everybody talks about it!" The mind-boggling design flaw, she explains, violates state law, and she details what the state court is expected to do about it.

But that's not all we catch up on today regarding the fight to vote verifiably (and secretly) in the state. Marks reports on the current state investigation underway by the GA Sec. of State into both her and Georgia Tech computer professor and voting systems expert Rich DeMillo (also a recurring BradCast guest) for, essentially, having the temerity to investigate concerns about the voting systems in Georgia. Marks explains the ongoing probe and what Sec. of State Brad Raffensperger's office is accusing her and DeMillo of doing. She calls it "completely absurd", adding "of course it is all retaliation. ... It is nothing but an attempt to try to marginalize the efforts of experts and successful activists. And to discourage others."

But, while all of that may be mind-blowing, it may be nothing compared to the new revelations recently uncovered by the expert hired by the Coalition to carry out a forensic investigation of GA's central computer server for its old system. As listeners may recall, data researcher Logan Lamb discovered before the 2016 Presidential election that GA's main election server for the entire state --- including the state's voter registration database, programming for all ballots statewide, and administrative passwords to its voting system --- were discovered to have been sitting on a web server for download by anyone, no password necessary, for at least six months (and probably much longer) before the 2016 Presidential election in which it was thought possible that Georgia might finally flip to "blue".

That researcher, Logan Lamb, alerted authorities about the data's vulnerability. As thanks, he was reported to the FBI by then Republican Sec. of State, now Governor Brian Kemp, as a potential hacker. He wasn't. But he has now been hired by the Coalition as an expert to examine the now-retired server in question. And, last month, according to AP, he made a startling discovery while examining a mirror image of the 2016 server, which was finally turned over by the state in December of 2019. Lamb found evidence that the server may have been hacked by someone who took advantage of a bug that provided full control of the server. Moreover, he found that all of the system's log files --- which would detail all actions taken on the server --- had been wiped out up until November 10, 2016, two days after that year's Presidential election...for some reason. Now why would that be?

We discuss all of that and MUCH more in another jaw-dropping, must-listen segment today with Marks, including our shared embarrassment that in both of our own home counties (she's in Mecklenburg County, NC, the state's most populous and diverse, and I'm in L.A. County, the largest in CA and even the country) elections officials have instituted new, unverifiable touchscreens for the 2020 elections, set for first time use in both counties next week on Super Tuesday!

Finally, Desi Doyen joins us again for our latest Green News Report after CBS ignored climate change in Tuesday night's Democratic Presidential Debate in South Carolina; a major bank determines that climate change threatens human survival; and another huge oil refinery blows up, this time in Southern California...

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On Monday night, the Democratic Iowa Caucuses melted down. Actually, they didn't melt down. They worked as well as expected. It was the reporting of the results from the caucuses that melted down, almost entirely due to a smartphone app that either didn't work as planned --- or because untrained precinct captains had trouble using it for its intended purpose: to send local, transparent, fully publicly overseen caucus site results to the the Iowa Democratic Party headquarters for release to the media. Of course, as we have warned for more than 15 years, it is always a terrible idea to use new, untested, secretly-developed, nontransparent, unnecessary computer technology for mission critical, cannot-fail elections.

On today's BradCast [Audio link posted below], we explain both the Iowa caucus process (which, itself, is actually among the most transparent --- if most complex --- of all the Presidential nominating contests); the known history of this app that failed so spectacularly after warnings by cybersecurity professionals (and by us on this program previously) against its use were ignored; how the app was supposed to work; and the problems from the 2016 caucuses (and even 2012 Republican Caucus in Iowa) that it was meant to solve.

(Relatedly, we also share a :30 second preview clip, featuring me, from CBS-2 Los Angeles, for an investigative report on Los Angeles County's new, untested, 100% unverifiable, $300,000,000 touchscreen voting systems that are being deployed for the March 3rd Super Tuesday primary election here for the first time in the nation's most populous county, despite warnings from cybersecurity and, yes, us. That story, and the warnings I offer in the preview --- and, hopefully, in the full story set to air on CBS-LA this evening --- have suddenly become even more wildly relevant over the past 12 hours or so than they were previously.)

If you take nothing else from all of this, please let it be that even if tech like this works perfectly (it never does), if the public cannot know that it did, confidence in democracy itself is deeply endangered. Though we've been issuing that warning for years, it is more true today than ever, especially after years of tossing additional computer "solutions" at our elections, no matter how dangerous it will be once again in 2020. As one longtime Election Integrity advocate emailed me today, somewhat sarcastically: "Who would have ever thought that using computers for election administration could cause problems? Aren't they supposed to make processes go more easily, more smoothly, faster, more accurate? What a stunner that everything descended into chaos when Iowa Democrats changed from their manual counting/reporting methods to move into the 21st century with computers!"

Before we get to our guest today then, with whom we also discuss all of this, perhaps I can summarize the lessons learned for the moment from Iowa as...A) the madness of using untested, secretly-developed, nontransparent new tech in mission critical elections; B) the importance of publicly overseen results tabulated by humans at the polling place (which Iowa has, despite the app meltdown, so the correct results will EVENTUALLY be known!) and; C) the absurdly complex procedures of the Iowa Caucus itself (on the Dem side --- the GOP side is far simpler) is a nice example of the complications and dangers in store for those who persist in calling for a Ranked Choice Voting (RCV) system. Given the complicated way the Iowa Democratic caucuses work (realignment of votes through several rounds of voting/counting after some candidates do not meet the viability threshold, etc.), it is very similar to RCV or Instant Runnoff Voting (IRV).

If you think the raw numbers, once they fully come out from Iowa, are impossible to understand and add up, just wait until RCV takes hold. As I almost always note on this topic: If you think we have enough trouble as is, transparently adding 1 + 1 + 1 in our elections in a way that can be publicly overseen and understood, just wait until we add the complicated, computer- and central-tabulation required algebra of Ranked Choice Voting to the matter!

Halfway through today's show, the Iowa Democratic Party finally released results from Monday night....well, just 62% of them, incredibly enough. They show Pete Buttigieg and Bernie Sanders in a virtual tie, followed by Elizabeth Warren and then Joe Biden, with Amy Klobuchar not too far behind. But, again, those are only partial numbers, so we don't need to spend too much time on them for now.

We're joined today by the great JOHN NICHOLS of The Nation, just back from Iowa, for an explanation --- and a rant or two --- about all of the above and whether Democratic supporters of several different candidates should be furious...or just breathe...as all of this is ultimately sorted out. There is a lot to discuss with John, who explains why he believes "caucuses suck" and the "scorching, huge damage" this all will have done to the Democratic Party and democracy itself. We agree on some points and disagree on others. But there is just far too much to detail here. So I suggest you just buckle up and tune in today!

Finally, Desi Doyen joins us to let it go, with our latest Green News Report...

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Our special coverage of Donald John's Trump Senate Impeachment trial continues on today's BradCast, but we interrupt that coverage briefly at the top of today's show with some breaking news out of California, on a story we've been covering closely. [Audio link to show follows summary below.]

After we revealed last week that Los Angeles County's new, 100% unverifiable touchscreen computer Ballot Marking Device (BMD) voting systems were found by the Secretary of State's independent testers to have failed to meet more than 40 requirements of the California Voting System Standards, we called on Sec. of State Alex Padilla to deny certification of these horrific systems and to require a verifiable HAND-MARKED paper ballot system instead for all voters in the nation's largest voting jurisdiction. We called on listeners to send Public Comment to the SoS before the Public Comment period for certification ended this past Monday for L.A.'s new $300,00,000 touchscreen "Voting Solutions for All People" or VSAP system.

I sent my own comment and, in doing so, cited a comment from the brainchild behind L.A. County's new voting system, Registrar-Recorder/County Clerk Dean Logan. As we noted in that comment, Logan promised me a year ago, in January of 2019 via email, that "The equipment/system components [for VSAP] are/will be … in compliance with California's voting systems standards that exceed the federal voluntary system standards."

That vow from the County's top election official now turns out to have been untrue. Today, incredibly, Sec. Padilla "conditionally" certified [PDF] the VSAP system for first-time countywide use in the March 3rd Super Tuesday primaries, despite all of its many flaws.

He did, however, include a very curious --- and, for now, confusing --- condition, stating that "Los Angeles County shall make available in each vote center a sufficient number of blank write-in paper ballots for any voter that requests to cast a hand-marked paper ballot"...

What that means exactly, and whether this now means that every voter will be able to vote in any party's primary with a verifiable hand-marked paper ballot simply by requesting one at one of the 1,000 new Voting Centers (which replace the 5,000 community precincts we've always used in L.A. in previous years) remains to be seen. I have queries out to both the Secretary and Registrar and will report back whatever I can learn when I do.

In related news, the City of Beverly Hills announced Thursday they will sue the County, due to the fact that the VSAP system, as we explained last week, only shows four candidates in each race, before a voter is required to hit a "MORE" button if they wish to see additional candidates in the same contest. That "MORE" button, however, is very close to the "NEXT" button on the touchscreen, and takes voters to the next race without ever showing them all candidates in the previous one.

Padilla's conditional certification calls for mitigation to this enormous design flaw, but not until five months from now when "a plan" must be presented to the SoS regarding redesigned "functionality and usability". That means this flaw --- and the others --will be there for the critical March 3rd primaries and potentially changed before the crucial Presidential election in November. Whether that design change will actually be independently tested to ensure it has not introduced other problems also remains to be seen. But Beverly Hills, which has an upcoming election for City Council with five candidates on the ballot (one who will be hidden on Page 2 of the touchscreen for this race) has now filed a legal complaint, announcing they "are deeply troubled that voters will be disenfranchised by the new VSAP system."

Then, it's back to the ongoing mess on the East Coast in Trump's Impeachment Trial. We share the powerful and impassioned closing remarks from Thursday night's session from Rep. Adam Schiff. The lead Democratic House Manager spoke directly to Republican Senators about the internal dilemma that many are almost certainly facing in realizing the necessity of removing Trump before he cheats again on the 2020 election as he did in 2016 and, as Democrats have proven beyond a shadow of doubt, that he attempted to do in his unlawful pressure scheme with Ukraine to force them to announce an investigation seeking dirt on Joe Biden and an evidence-free claim about the 2016 election. Sadly, despite the power of those remarks, nobody who watches Fox "News" saw them because, as Media Matters found, the pretend "news" outlet showed live coverage of the actual, historic Senate trial "during its evening programming (between 7 p.m and 11 p.m. EST) for a total of just 22 seconds."

We're joined today by the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo to help us make sense of the past week of the trial as Democrats wrap up their opening (and perhaps closing) argument; what we can expect from the President's attorneys who begin their own presentation in response on Saturday; our best analysis of what comes next; and why Parton predicts "jury nullification" and believes "shamelessness is their superpower"...

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Is Bernie "unelectable" as many well-paid pundits and columnists have argued? We take an evidence based approach to that question on today's BradCast. [Audio link to full show is posted below.]

But first, with the end of the Public Comment period for certification of Los Angeles County's $300,000,000 boondoggle of a new, 100% unverifiable touchscreen voting system coming to a close next Monday, Jan 20th (Martin Luther King Day holiday!) at 5pm PT, it's great to see Libby Denkmann's comprehensive piece at LAist, on the potential nightmares for L.A. voters in the making. Her piece is headlined "LA's New Voting System Is Still Uncertified. Why Election Security Experts Are Worried". She picks up on many of the points we highlighted when we broke the story earlier in the week of more than 40 violations of California Voting System Standards discovered by the independent testing team hired by the CA Sec. of State during the certification process.

We also follow up on Denkmann's scoop from earlier in the week, regarding the Beverly Hills City Council's recent vote to explore a lawsuit against Los Angeles County because the new, unverifiable touchscreen voting system forces voters to notice a "MORE" button if they wish to see more than the first four candidates listed on the ballot in any particular race. That button is right next to the "NEXT" button that would take voters to the next race without seeing all of the candidates in the current race. A listener writes in with a couple of solutions to that huge design flaw on these incredibly expensive "electric pens" that L.A. is investing in, instead of a much cheaper, much more secure and reliable, overseeable HAND-MARKED paper ballot system.

Then, with many in the pundit class helpfully informing us that candidates like Bernie Sanders and Elizabeth Warren are just too progressive to be elected in the 2020 general election (many of these same pundits also told us Donald Trump could never be elected, by the way), we take an evidence-based look at those claims.

The question, however, begins with dismantling the notion that pack journalism and "conventional wisdom" on such matters should be trusted. For example, conventional wisdom tells us that members of the active-duty military will be big supporters of Trump's again this year. Actual evidence, such as the annual opinion poll of active-duty subscribers to Military Times, reveals a very different set of data than that presented by much of the media. That poll, taken at the end of last year, finds that half of respondents view Trump unfavorably, with 45% viewing him "VERY unfavorably". His overall ratings have dropped dramatically since the military publication's first annual poll in 2016. Moreover a plurality back impeachment for their Commander-in-Chief! (And today's Washington Post story on Trump railing at his Generals as "a bunch of dopes and babies" probably won't help him much either.)

In fact, as we discuss with our guest, historian, author and election fraud investigator RICHARD HAYES PHILLIPS, nobody really knows anything. At least when it comes to the paid pundits substituting their opinions for actual facts. Phillips published a fact-based analysis of the questions regarding Sanders electability at The BRAD BLOG on Friday, based on known raw numbers from the 2016 primary (with a particular eye on the "Blue Wall" states of WI, MN, PA, MI, IA and OH) and what can be gleaned from opinion polls today.

While avoiding punditry and predictions, Phillips' findings --- at least based on what we know at this time --- suggest that Sanders is, indeed, electable. Whether he would still be by the time Republicans got finished with him, or whether he is more electable than someone like Joe Biden or Elizabeth Warren, remains unknown no matter what the TV talking heads tell you. "Take your pick," he tells me when I ask whether his analysis today will hold up even after Trump and the GOP media turn their fire on Sanders if we wins the Democratic nomination. "Which three words do you want to hear Donald Trump say over and over again in the same sentence 10,000 times? Do you want to hear 'Biden Ukraine corrupt'? Do you want to hear 'Bernie crazy socialist'? Do you want to hear 'Pocahontas crazy socialist'? I don't even want to think about what he would say about Pete Buttigieg. I'm not going to go there."

Noting that his work "is based upon numbers and not opinions," he suggests voters should vote for who they like in the primary and forget about "electability", before adding his key takeaway: "The lesson to this is that the most important thing that Democrats can do is to unite behind the winner and not split the opposition. Trump's best scenario is a 3rd party candidate on the Left siphoning enough votes from whoever wins the Democratic nomination to throw the election to Trump."

Phillips argues: "My advice is that Democrats should not be afraid of a spirited primary contest between two or more viable candidates. What they need to do, as recent polling data also reveal, is united behind the ultimate winner. You can't just take your ball and go home and mope because your candidate didn't get the nomination. That's what Trump wants you to do."

It is certainly true that Republicans will say anything, do anything, to win the general election against whichever Democratic candidate ends up winning the nomination. We close with one amazingly audacious recent clip from House Minority Leader Kevin McCarthy (R-CA) on Fox "News" that underscores precisely that point...

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"They wanted substantive change and were willing to burn it all down to get it." These words, from a neighbor in the rural north country of New York, describe the thinking of some who voted for Donald Trump. Some of these same voters had supported Bernie Sanders in the 2016 primary (more on that below).

Four years later, some have suggested we should shy away from Sanders, on the grounds that he cannot beat Trump. Election statistics, however, as well as current polling, reveal that he would, in fact, be a viable candidate. This is not the same thing as saying he will win. But, based on actual existing hard numbers that we can examine, he is certainly not "unelectable" as some critics have charged.

Bernie Sanders, having run for President in 2016, is the only Democratic candidate with a recent track record in presidential politics that can be used as a yardstick, unlike several of the other current front-runners such as Elizabeth Warren or Pete Buttigieg. So, let's look at what the raw numbers tell us about Sanders' electability against Trump, bearing in mind that this all could change when full-throated attacks are unleashed against him, as they inevitably will be against whoever wins the Democratic nomination...

On today's BradCast: There is one neat, simple trick that Democrats and opponents of Donald Trump can do to make sure that he is no more than a one-term President this November. But they may need to start thinking about it right now. JIM WILLIAMS, Issue Polling Specialist at Public Policy Polling, joins us to explain what that one thing is, as based on recent survey data collected by his firm in Arizona and Iowa. [Audio link to show is posted below.]

Also today, a report by Washington Post reveals that the Department of Justice investigation of Hillary Clinton and the Clinton Foundation that Trump demanded after becoming President has yielded...nothing. No criminal charges or anything close to it will reportedly be brought after a review begun by Trump's former Attorney General Jeff Sessions in 2017, as assigned to Utah U.S. Attorney John Huber, quietly wrapped up months ago. Even the matter regarding Uranium One, a Canadian company in which a Russian firm was allowed to purchase a controlling stake, reveals no wrongdoing, no bribes paid to the Clinton Foundation while she served as Secretary of State. No nothing.

In short, between this probe and a recent report by the State Department's Inspector General finding, after a three-year probe, no criminal wrongdoing in Clinton's use of a private email server, it turns out that all of the nonsense that Trump exploited to lead "LOCK HER UP!" chants and his calls for throwing her in jail during his 2016 rallies (and beyond) was entirely B.S. Or, to put it another way, it was all a witch hunt hoax. Who knew? Oh, yeah, we told you as much long ago.

All of that, even as the disgraced, now-impeached President has seen his own "charitable" foundation ordered shut down by a New York Court, which found a "pattern of illegality" in is fraudulent operations, ordering Trump to pay millions in penalties, and as the Dept. of Justice investigation into alleged Russian interference in the 2016 election has resulted in 199 criminal counts against 37 people and entities, seven of whom have pleaded guilty (many of whom were top officials in the Trump Campaign and Trump Administration], with six (so far) sentenced to prison and as many as 10 counts of obstruction of justice by Trump himself.

The phony "LOCK HER UP!" campaign which arguably resulted in Trump's Presidency was not only made possible, but actually enabled --- shamefully --- by corporate mainstream media which legitimized what was otherwise clearly little more than a bogus, orchestrated hit campaign by Trump and his Rightwing media machine in 2016. We have a word or two to say about all of that on today's program, even as Trump is currently using the same playbook to falsely discredit Joe Biden (and, undoubtedly, whoever else may win the Democratic nomination this year.)

For some slightly more encouraging news today, we turn to North Carolina, where a federal judge has, once again, shut down the state Republican legislature's latest scheme to enact Photo ID voting restrictions in 2020, finding it an attempt at discriminatory voter suppression. The ruling comes after a different federal judge had found the state GOP's previous scheme to restrict voting (by certain voters) in the very closely divided swing-state to have been written specifically to "target African-Americans with almost surgical precision."

But with all of that, the Iowa Caucuses are just weeks away now, followed by the New Hampshire primary and many others shortly thereafter. And while polls suggest there is no clear front-runner for the nomination, did we mention PPP's Williams is here to explain what the firm's data show to be an almost certain way to defeat Donald Trump once and for all this November, no matter who Dems choose as their nominee?...

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