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Latest Featured Reports | Saturday, October 16, 2021
Why Dems Should Now Gerrymander 'Blue' States (and Why They Shouldn't): 'BradCast' 10/15/21
Guest: FairVote's Dave Daley; Also: Freedom to Vote in the Senate; GOP physics in VA...
Why the Last Remaining 2020 Election Contest in GA Should Not Have Been Dismissed: 'BradCast' 10/14/21
Also: Why Bannon's in big trouble (probably); And why Trump may not be running in 2024...
'Green News Report' 10/14/21
  w/ Brad & Desi
Supply chain disruptions spike global energy prices; Russia says they didn't do it!; CA bans gas-powered leaf blowers; PLUS: Biden Administration goes big on offshore wind...
Previous GNRs: 10/12/21 - 10/7/21 - Archives...
'Red' State Profs Fight for Masking at Universities: 'BradCast' 10/13/21
Guest: Dr. Matthew Boedy of UNG; Also: Shatner in space; Workers have had enough; Biden's big new off-shore wind plan...
'Green News Report' 10/12/21
'No climate, no deal!' on Build Back Better; Critical infrastructure facing flood, failure; 2021 extreme weather costs; PLUS: Biden restores national monuments...
'Change the Whole Process': CA Rep on Ending Big Oil After State's Latest Offshore Spill: 'BradCast' 10/11/21
Guest: Rep. Alan Lowenthal (D-CA); Also: Trump's plan to steal 2024; Callers...
Sunday 'Privilege' Toons
You know you deserve PDiddie's collection of this week's best political toons...
Media Downplaying Trump, GOP's Threat to U.S. Democracy: 'BradCast' 10/8/21
Guest: Eric Boehlert; Also: Biden restores nat'l monuments; Trump hid losses at D.C. hotel...
Trump Didn't Try to 'Subvert Results', He Tried to Steal 2020!: 'BradCast' 10/7/21
Also: Pipeline co.'s leak tech failed in SoCal spill; Freedom of choice restored to TX women (for now); Media misreport GOP debt threat...
'Green News Report' 10/7/21
Ship anchor may be cause of SoCal oil spill; Fossil fuel industry subsized $11 million every minute; PLUS: PA A.G. criminally charges notorious pipeline developer...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Author, gerrymandering expert David Daley of Fair Vote; Also: Hope springs eternal for Freedom to Vote in the U.S. Senate; And GOP bathtub climate change physics in Virginia...
By Brad Friedman on 10/15/2021 6:12pm PT  

On today's BradCast, I share an idea that I've thought long and hard about, struggled with and, frankly, never thought I'd have, much less recommend, as this idea is essentially counter to everything I have long fought for as a democracy advocate. But, as they say, desperate times...and all that. [Audio link to full show follows this summary below. ]

Next Wednesday, Senate Majority Chuck Schumer has told Democrats, he plans to bring up the Freedom to Vote Act for a cloture vote, which --- if successful --- would then allow the Senate to proceed to debate on the bill that is critical right now for the survival of American democracy itself. Even if passed, Freedom to Vote won't save everything, of course, but it will help. Big time. The Joe Manchin-approved "compromise" version of the For the People Act (which has already been passed by the House) would, among a boatload of other long-overdue things, institute automatic voter registration and minimum requirements for Absentee and Early Voting in all 50 states; adopt rules that would limit the most disenfranchising Photo ID restriction laws; require hand-marked paper ballots for all voters(!); and prevent extreme partisan gerrymandering among other much needed stuff that would benefit all voters and democracy itself --- if not necessarily the Republican Party, as they see it, while they continue to lie about the bill in order to place party above both country and democracy.

Next week's cloture vote on the measure is likely to be supported by all 50 members of the Democratic caucus in the Senate. But it is unlikely to be allowed up for debate in the minoritarian Senate because, unless Manchin and any other Democratic obstructionists agree to reform the filibuster to allow democracy saving legislation to pass with a simple majority, it won't receive the 60 votes needed to overcome a Republican obstructionist filibuster. That, as GOP-controlled states across the country continue to adopt measures making it harder for (certain) voters to vote and easier for Republicans to cheat by overturning election results they don't like by partisan fiat.

In 2010, the GOP's so-called "REDMAP" program succeeded with Republicans taking over state legislatures in order to draw extreme partisan gerrymanders following that year's decennial census to assure themselves majorities in both statehouses and Congressional delegations for the ensuing decade, even when receiving a minority of the vote. Now that the 2020 census has been completed --- and the GOP's stolen and packed U.S. Supreme Court has determined that federal courts may not intercede to block partisan gerrymanders in any way --- those same Republican state legislatures are in the process of drawing even more extreme gerrymanders for partisan advantage over the next decade. Experts say that "red" states are now in the process of redistricting in such a way that even if the nation voted exactly as it did in 2020, Republicans would end up taking control of the U.S. House --- even with millions of fewer votes than Democrats receive for their elected members of Congress.

That is just part of the near future that all Americans can look forward to if the Republicans and Democrats like Manchin and Kyrsten Sinema in the Senate prevent passage of the Freedom to Vote Act along with its federal restrictions on extreme partisan gerrymanders.

While I hate the idea, all one has to do is take a look at what the Texas legislature (and others like it) are currently up to and planning this year to realize that it's time --- at least if Freedom to Vote is not adopted --- for Democratically-controlled states to answer the GOP assault on democracy by instituting their own extreme partisan gerrymanders in response.

As noted, I hate that idea. It is, at least on the surface, counter to the small "d" democratic ideals that I have always fought for. But, at this point, with the American democratic experiment now teetering toward unstoppable authoritarianism, unilateral disarmament by Democrats seems more like a suicide pact. Yes, for Democrats, but, much more importantly, for democracy itself.

I suspect not everyone will agree with me here, including my guest today. I'm joined by the man who actually wrote the book on partisan gerrymanders, DAVID DALEY of FairVote.org. His book on the GOP's REDMAP assault on democracy is called Ratfucked: The True Story Behind the Secret Plan to Steal America's Democracy. His more recent follow-up, out this year, is Unrigged: How Americans Are Battle Back to Save Democracy.

Daley details the horrors to come from the GOP's extreme gerrymandering plans that we will see in the next few weeks and months, describing them as "really bleak for the Democrats on the redistricting front". For example, he explains, "if you look at the 2020 election, Democratic candidates for the U.S. House won 4.7 million more votes than Republican candidates, but that only turned into a 5 seat majority. Republicans, simply by redistricting in Texas, Georgia, North Carolina and Florida alone --- before you even get to the handful of other states where they can pick up individual seats --- could probably get at least twice the number that they need to flip the House simply by gerrymandering those states."

But, even as he argues in favor of "Constitutional hardball" from Democrats, he does not agree with me that Dems should participate in the same sort of behavior in response when it comes to redistricting this year, describing it as "rearranging deck chairs on the Titanic." He explains why, and we debate the issue on today's program.

I welcome your thoughts on this matter via email or in comments below, as I hope to discuss this more on the show in the days ahead.

Finally today, as if anyone needed more evidence of the dangers that await a fully Trumpified GOP takeover of democracy (even more than has already occurred), at least one Republican candidate running for the House of Delegates in Virginia next month should scare the hell out of you..and, for reasons that Desi Doyen explains, especially Virginians...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Larry Moore of The Audit Guys; Also: Pillow Guy Mike Lindell fails spectacularly again to prove 2020 election fraud, this time in Idaho!...
By Brad Friedman on 10/5/2021 5:55pm PT  

Wait. Even the so-called "audit" results from the Cyber Ninjas that appear to confirm Joe Biden's 2020 victory in Arizona over Donald Trump were phony?! Yup. "The Ninjas made up the numbers out of whole cloth," says our guest on today's BradCast, after examining and sharing the actual evidence in support of that claim. [Audio link to full show is posted below this summary.]

But first, the partisan, wingnut audit by the Ninjas in Maricopa County, AZ, is hardly the only epic fail by Trump MAGA Mob dead-enders who have been unable, in almost a year, to show any evidence of any substantive fraud or manipulation of the 2020 election results. The latest epic fail comes out of the deep red state of Idaho, where Trump was certified to have defeated Biden by more than 30 points. Nonetheless, loony tunes deep-pocketed pillow impresario and deep state Trump stooge, Mike Lindell, claims that those numbers were also wrong! He charges, in a new document titled "The Big Lie", that votes were flipped electronically in all 44 counties in the state, for some reason, to help Joe Biden (who, again, lost in Idaho by more than 30 points!)

Idaho's Republican Secretary of State, however, suspected that Lindell's claims may have been wrong, especially given that 7 counties in the state use no computers at all to tally their ballots. They hand count them! Nonetheless, his office went about doing full, transparent, video-taped hand-counts (and posted them on YouTube) in front of Democratic and Republican Party officials in two small Idaho counties, just to be safe. What did those recounts show? You guessed it, Biden's margin increased. He received the same number of votes in each counties' recount, but Trump lost about 9 votes in one county and picked up one single vote the another. Lindell, however, refuses to accept those publicly hand-recounted results by the Republican Sec. of State in Idaho, in his continuing drive to make himself the nation's number one laughing stock.

But Lindell has competition on that score from the Cyber Ninjas and its CEO Doug Logan in Arizona!

A week and a half ago, The BradCast was the first in the nation to detail to the findings in the long-awaited final report from the Ninjas' 5-month long secret "audit" of the 2020 Presidential election results in Maricopa County (Phoenix). Rather hilariously, the Ninjas reported that their hand-count of 2.1 million ballots cast in the County matched up almost perfectly with the original, certified, computer-tallied results from the county's Dominion Voting Systems tabulators. In fact, the Ninjas claimed to have found that Trump actually lost 261 votes in their hand-count, while Biden picked up 99 votes.

But never mind even those numbers! Because a group of actually experienced, bipartisan election auditors, who call themselves The Audit Guys, say the Ninjas' numbers are completely bunk. "An epic hoax" according to their own review of the Ninjas' "audit". Those results were "fiction," they told New York Times. "The reality is they just made up the numbers," they explained to Arizona Republic. In fact, The Audit Guys' own report charges that "the entire exercise in hand counting ballots on lazy Susans for two months, was a hoax." Moreover, they say, the GOP President of the AZ Senate who arranged the entire audit and selected the inexperienced, conspiracy theorist company, Cyber Ninjas, to carry it out, is now part of a "coverup" to try and hide the scam.

We're joined today by Audit Guy, LARRY MOORE, founder of the Clear Ballot Group, which audits elections around the country. Since retiring from the company, Moore has teamed up with prominent Pima County (Tucson), AZ Republican data analyst Benny White and Clear Ballot's retired Chief Technology Officers Tim Halvorsen to independently check the Ninjas efforts.

Moore explains today how they determined that the Ninjas numbers were "made up out of whole cloth". Specifically, when the state Senate released the Ninjas' three-volume report, they appear to have accidentally left a number of pages in it that detailed discrepancies in the hand-count of ballots carried out by the Ninjas versus a separate, independent machine count of ballots done by the Senate at the end of the process, to try and reconcile numbers that were reportedly way off. In fact, as Moore details, the data released by the Senate revealed that their machine count of ballots (not results, just the number of ballots) matched almost perfectly with the County's originally certified totals. But the Ninjas' hand-count of the number of ballots was off by a mile.

The Senate report revealed (apparently accidentally) that one pallet of ballot boxes actually contained 48,371 ballots in 40 boxes, according to the Senate's machine count. That number matches the County's originally tallied numbers. But the Ninjas hand-count of that same pallet of ballot boxes was off by 15,692 ballots! And, as Moore explains today, that was no more than 2.5% of the 2.1 million ballots cast in the County last year and theoretically hand-counted by the Ninjas on those colorful lazy Susan tables.

"In short," The Audit Guys' report notes, before they lay out their full findings and evidence, "with this enormous discrepancy, any discussion of vote counts --- including Biden's 99 vote gain and Trump's 261 vote loss --- is meaningless."

On today's show, Moore explains how his team was able to confirm the numbers they compared with the Senate's machine-count. Randy Pullen, one of the Senate's liaisons to the count, oversaw that late, independent machine count of the numbers of ballots. He now has "some 'splaining to do", Moore tells me. Extrapolating out the numbers from the single pallet of ballots that Pullen's report accidentally revealed, results in "about a 300,000 ballot discrepancy" if averaged with the rest of the 2.1 million ballots the Ninjas supposedly counted.

If that's true, why did the Ninjas' claim that not only their count matched the County's, in general, but that Biden's margin of victory actually increased a bit? Moore offers his explanation on today's program.

We also discuss the response, so far, from both Pullen and Sen. Fann to the Audit Guys' findings ("Crickets," says Moore) and how Fann herself now appears to be participating in a coverup to hide the real numbers and much more. A state court judge has ordered the Senate to release all records from the "audit" and communications with the Ninjas and other contractors as part of public records requests. Fann, however, has refused to release thousands of pages of documents, including the rest of Pullen's and the Ninjas' box-by-box, batch-by-batch reconciliation data. (Longtime progressive AZ election transparency advocate John Brakey, who was allowed inside much, if not all, of the "audit", also recently confirmed on this show that documents were being withheld, when he explained how many of his own communications with Fann were not included in an earlier tranche of documents released as part of the original court order.) There is a hearing scheduled before the judge this week to force the rest of the documents out of Fann.

We also take a few minutes to discuss the concerns that some, including Moore, have about all of these demands for post-election audits in the wake of Trump's evidence-free Big Lie that the election was stolen from him. I don't personally mind such audits, as long as they are done publicly, with the cooperation of election officials (unlike the offensive clown show carried out by the Ninjas in Maricopa). Moore has a different view, however. We discuss.

Finally, we're joined by Desi Doyen for our latest Green News Report, much of which focuses on the weekend's massive oil pipeline rupture off the coast of Southern California, and on the big bucks that Big Oil is now spending to try and block Joe Biden's Build Back Better agenda in Congress...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Maricopa 'audit' insider and 'bamboo guy' John Brakey of AUDIT-USA; Also: Congressional GOP pushing the U.S. government toward default and global economic disaster...
By Brad Friedman on 9/27/2021 6:39pm PT  

As we head into a week of what House Speaker Nancy Pelosi understated over the weekend as "a time of intensity", we cover that on today's BradCast along with a bit of postmortem mop-up following last week's spectacular fail by the dopey Cyber Ninjas in their Maricopa County, Arizona "audit" of the 2020 election. [Audio link to full show is posted below this summary.]

This week, Congress --- and the Democratic Party which is now, apparently, being forced to run it all by themselves --- is facing several precarious moment on a number of fronts. For a start Congress must pass a continuing resolution to keep the government operating after September 30th, when the current fiscal year ends. Even more importantly, to avoid a "financial calamity", they must pass a resolution to suspend or raise the statutory debt limit --- the amount of money the nation can borrow to pay for spending that has already been approved by Congress --- before the country defaults on its loans for the first time in history at some point in October.

Republicans in the U.S. Senate are blocking Democrats from doing either of those things at the moment, in what Pelosi describes as brinkmanship that is "irresponsible beyond words". That, after Democrats voted with Republicans time and again (three times during the Trump Administration alone) to suspend the debt ceiling in order to pay for much of the $8 trillion in debt that was run up with Republican approval over the past 4 years when Donald Trump was in the White House and they controlled Congress.

We explain the incredibly dangerous (and hypocritical) game that Mitch McConnell and the GOP are currently playing with the world economy, even as Democrats face their own internecine battles over how to pass final approval for the Biden Build Back Better agenda, including a bi-partisan $1.5 trillion bipartisan infrastructure bill and a $3.5 trillion budget reconciliation bill (which Dems can pass by themselves, if they can agree on it) to expand health care, child care, education and much more, including long-overdue action to address on climate emergency.

Next, BradCast listeners last week may know that we were the first in the nation to break the news that the phony, so-called "audit" of the 2020 Presidential and Senatorial election results in Maricopa (Phoenix), AZ by the partisan, conspiracy theorist Cyber Ninjas outfit ended up proving that the Dominion Voting Systems computer tabulators used to tally results in the state's largest county did so accurately. That, according to the Ninjas' own hand-count [PDF] of some 2.1 million ballots. In fact, in a spectacular and hilarious failure, the Ninjas count found the margins of victory for the Democrats in both Joe Biden's Presidential contest and Mark Kelly's Senatorial race, were actually larger than those certified by the County and state officials last year.

But, while the Ninjas tried (unsuccessfully) to bury that embarrassing finding, they also tried to flood the zone with smoke and mirrors about tens of thousands of ballots that they suggested were either illegal or fraudulent in their three-volume report on the audit, and a three-hour presentation last Friday to the GOP-controlled AZ state Senate. There too, they failed spectacularly with one outlet after another, including the Republican-majority Maricopa County Board of Supervisors, fact-checking, debunking and explaining the so-called "critical" claims made by the Ninjas.

It seems the Ninjas never bothered to check with any actual election administration professionals, else most of their concerns would likely have been explained to them.

We're joined today for a postmortem debrief by an insider to much of the past five months of "audit" clown show theater in Maricopa,. You know him as that "bamboo guy". We have known him for many years as the longtime progressive election transparency advocate JOHN BRAKEY of AUDIT-USA. Brakey joined us previously at the beginning of the "audit" for an insider view, and as it continued on for months past its initially planned three weeks, after comments of his taken out of context by a local reporter went viral, reporting that Brakey was looking for bamboo in the ballots, suggesting they were fraudulent and stuffed into the ballot box by China (as many in the MAGA set falsely claimed). In fact, as the later posted full context of his remarks reveals, Brakey was explaining what the Ninjas believed, not him, and that he was participating in the effort in hopes of "ungaslighting" the public about false and otherwise evidence-free claims being made by Trump supporters about the election results.

Brakey worked --- for free, while also refusing to sign the Ninjas' non-disclosure agreement --- with AZ's former Sec. of State, Ken Bennett, a Republican, who was tapped by the GOP state Senate to serve as their liaison to the "audit".

"The whole thing was a grift. Okay?," Brakey tells me today after the audits conclusion. "They didn't want people to know how screwed up they were. They're the best talkers but the worst producers. They pretend to know what they were talking about." But, as Brakey explains again today, they didn't have a clue what they were doing.

Among the many questions of mine that Brakey speaks to today:

  • Were his efforts to "ungaslight" the public by working on the audit successful or was it a mistake on his part to lend his credibility?
  • Does he believe the minds of any of the MAGA Mob were ultimately changed through this exercise?
  • As a long time election transparency and integrity champion, was there anything that the Ninjas DID uncover that was actually troubling and needs to be addressed or corrected by election officials?
  • Will the AZ "audit" make similar post-election reviews more or less likely elsewhere in the country?
  • What is the AZ Senate hiding by failing to release thousands of public documents and communications between them and the Ninjas (including emails and texts from Brakey), as ordered by a state judge?
  • And much more, including whether or not the Ninjas ever found that elusive "bamboo" in Maricopa County's 2.1 million hand-marked paper ballots!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Jet Propulsion Lab's Dr. Peter Kalmus on the need for 'climate emergency mode'; Also: Yesterday's 'BradCast' scoop on Cyber Ninjas' hilarious AZ 'audit' fail confirmed by rest of national media...
By Brad Friedman on 9/24/2021 7:05pm PT  

On today's BradCast: Several hours after we got off air from yesterday's program, our first-in-the-nation scoop on the pretty hilarious results of the Cyber Ninjas' Arizona "audit" was confirmed by the national media, including New York Times, Washington Post and CNN, not to mention the Arizona Republic and other local outlets. [Audio link to full show is posted below this summary.]

The main part of our exclusive news yesterday was that Trump's sore-loser, publicly financed, privately purchased and secretly carried out 2020 "audit" in Maricopa County found that the hand-count of 2.1 million hand-marked paper ballots cast there, as tallied by Dominion Voting Systems' tabulators prior to certification, were, in fact, tallied almost entirely accurately. The evidence-free lie that there had been some nefarious conspiracy to hack the Dominion systems on Joe Biden's behalf by communists in China, Cuba, Venezuela, along with George Soros, the "deep state" and "antifa", proved to be the bullshit most of the not-brainwashed Americans had presumed.

In fact, according to the Ninjas' own hand-count, Joe Biden picked up 99 votes over the state certified totals while Donald Trump lost 261, widening Biden's slim margin of more than 10,000 votes in Arizona by another 360. The "audit" hand-count of the state's U.S. Senate race also found a larger margin for the Democratic candidate than certified, though both candidates lost some votes in the Ninjas' count. Republican Martha McSally lost 541 votes, while Democrat Mark Kelly lost just 60, for an overall increase of 481 votes for Kelly, the certified winner.

We were a bit more general and circumspect during Thursday's show than we usually like to be, in our description of those findings while breaking the news in order to protect sourcing. But with the Ninjas three volume report now full released you can download it yourself for inspection. The numbers in the Presidential and Senate race are, however, buried way back in the report's third volume [PDF] for some odd reason. That's another reason we felt it important to break the news before the Ninjas put their purposefully diverting spin on things.

As Phoenix' NPR station KJZZ reported last night, even Randy Pullen, a spokesman for the state Senate and major proponent of the "audit" was forced to concede: "Was there massive fraud or anything? It doesn't look like it."

Today, Arizona's GOP state Senate held a forum to allow the Ninjas and friends to present their findings, though the Senate's feed crapped out about an hour into it (and long before Ninja CEO Doug Logan ever conceded that his hand-count confirmed the previously certified Democratic victories, if he ever offered such a concession. You can watch a replay of the three-hour forum now here.), We'll almost certainly pick up any newsworthy information or legitimate concerns from the hearing and/or the report in the not too distant future, if warranted.

All of this nonsense, of course, is a perfect way to disguise and distract from the fact that the GOP is now a broken political party with absolute no actual legislative agenda. But it comes at a time when when humanity itself is hanging in the balance, unfortunately, and when a legitimate opposition party to the Democrats might be very useful.

Earlier this month, NASA climate scientist and author DR. PETER KALMUS responded to recent calls from President Biden and nations around the world, to reach "net zero" greenhouse gas emissions "by 2050", by citing "two fatal flaws" in that plan: "One is 'net zero,'" he wrote at The Guardian, "the other is 'by 2050'."

Kalmus' argument comes as climate disasters around the world are now happening much sooner, more broadly and more fiercely than long predicted by climate scientists, and as new U.N. reports argue that even if the nations of the world meet their current pledges to reduce greenhouse gas emissions that cause global warming, we will still see catastrophic, humanity-threatening disaster by century's end. That, as a handful of so-called "moderate" Democrats in the House and Senate this week hold up efforts to at least begin facing this challenge, as designed in the Clean Energy Performance Program (or CEPP, offering financial incentives for utility companies to move to renewable energy production) built into the heart of President Biden's proposed $3.5 trillion Build Back Better Act.

"In my opinion, and I think many of my colleagues would agree, the climate science community is pretty surprised by how fast climate breakdown is progressing, in terms of extreme heat, which kicks off the fires, along with the extreme drought in the Western part of the US, the extreme flooding that we've been seeing in the Eastern part of the U.S. All of this is coming a lot faster than we thought as a community," Kalmus tells me, explaining why he is calling for "climate emergency mode" in which "a lot of things in society would have to change pretty drastically and quickly."

When there's an emergency," he argues, "you don't typically just keep doing what you were doing." He notes that most calls for net zero by 2050 assume some sort of negative emissions or carbon capture technology which either doesn't yet exist or, where it does, is not nearly robust enough to remove anywhere near the amount of greenhouse gas that must be removed from the atmosphere to even make a dent in our quickly worsening climate crisis.

He is calling for much more drastic measures --- such as the nationalization of the fossil fuel industry --- than most of the climate scientists and experts we've interviewed on the program, or who are usually allowed to speak in the national media.

While Kalmus concedes many of his arguments "might sound a little too radical" for many now, he believes that with each successive disaster, people will begin to understand more and more the consequences of failing to take appropriate action to meet the moment. He argues that while carbon capture technologies will not save us, neither will kicking the can down to 2050 to reach net zero. That, Kalmus explains, needs to happen more like by 2035 and, he believes, it is actually doable.

His case "might sound a little too radical to some of your listeners," the NASA Jet Propulsion Laboratory scientist (who notes he's speaking on his own behalf) concedes, but "my response to them would be that they haven't fully understood just what an emergency we're in, or just how irreversible the damage that we're doing and leaving for future generations is going to be."

Kalmus, whose research at the nation's space agency employs satellite data and models to study our rapidly changing Earth, warns: "I see what is coming in the future years, and I'm just trying to get people to respond now to what I know is coming. And that's really hard. I take a lot of criticism for that. But I know I'm right. So I keep trying."

"Ten years ago when I was saying similar things, but it wasn't so immediate to people, no one was listening," he says, adding: "Recent years have started to shift that balance. It's just basic physics and it's continuing as we continue to emit these greenhouse gases. So I can say with complete confidence that in the coming years, what I'm saying now that sounds radical to people will not seem radical anymore. I just wish that people would listen now."

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Defamation case discovery unearths new details on Trump's attempt to steal the 2020 election; Also: More Trump crime and accountability news...
By Brad Friedman on 9/21/2021 6:44pm PT  

Of course they knew they were lying at the time. The pathetic thing is, their supporters who they continue to dupe, still believe the lies even today! But just in case anyone needs actual proof of Team Trump's attempt to use a Big Lie to try and steal the 2020 election, new evidence discussed on today's BradCast has been unearthed via the discovery process in one of the many defamation cases now filed against the Trump Campaign and their lawyers, Rudy Giuliani and Sidney Powell. [Audio to full show is posted at the end of this summary.]

According to a report from the New York Times today, a memo written by the Campaign in November, included in a recent motion filed by former Dominion Voting Systems employee Eric Coomer, reveals that even while Trump's attorneys were lying to the public about Dominion having stolen the election (so they could try and steal it themselves) via an insane, evidence-free conspiracy theory involving hacked voting machines, George Soros, China, Cuba, Venezuela and its dead President Hugo Chavez (among others), the Campaign knew it was all nonsense.

None of it stopped their attorney from continuing to try and steal the 2020 election anyway, nor from defaming Dominion (which is suing a bunch of them, along with Fox "News" and other far-right outlets) nor Coomer, its former director of product strategy and security, who they falsely claimed to have been key to Dominion's non-existent strategy to hack the election for Joe Biden. Oh, and the Trumpers also falsely claim that Coomer revealed the whole plot while on a recorded conference call with "antifa", with whom he was supposedly a "member," according to the ridiculous MAGA mob claims....even though there is no such actual organization (and, apparently, no such actual recording. Go figure!)

The Dominion/Venezuela/Hugo Chavez part of the story - which also involves another company named Sequoia, which is suing for defamation as well, and has even LESS to do with any theft of 2020 --- is somewhat our fault. The Powell/Giuliani lies about Venezuela and Chavez and Dominion and Smartmatic were spun from a twisted and bastardized version of my exclusive, investigative reporting from 2008 to 2010. (Reporting that was well-sourced, accurate, independently verifiable, and which happily still stand by.) Thus, we spend some time unpacking the latest revelations in this story for you today, as twisted as it all is.

That story, in turn, helps us kick off a host of fresh accountability-related stories today that are unlikely to end well for any of the Trumpers. Among them...

  • Republican Senators (and Trump lackeys) Lindsey Graham and Mike Lee also didn't buy the bogus fraud narrative that the Trump White House and Campaign were selling, according to Bob Woodward and Robert Costa's new book, Peril. Not that that prevented Graham from tossing in with the criminal conspiracy in Georgia with Trump, Giuliani and others, to try and steal the election in the state. That criminal conspiracy is currently being investigated by Atlanta's Fulton County District Attorney.
  • During a routine scheduling hearing in New York state court, the lawyer for Allen Weisselberg, the Chief Financial Officer at the Trump Organization, who has been indicted along with the company on several felony charges related to an alleged, long-running, tax fraud scheme, described as "sweeping and audacious" by state prosecutors, revealed that new indictments may be coming in the case. Little more was offered as far as who might be indicted and on what basis the attorney made his claims, but there ya go. In the meantime, the judge has pushed the next hearing to July of next year to allow Weisselberg time to review some 6 million pages of documents submitted as evidence in the case, pushing any trial to August or September of 2022 at the earliest. That, of course, presumes Weisselberg, who has worked at the Trump Organization for five decades, doesn't decide to flip on his boss before then to avoid huge fines and years in prison.
  • As to fines (and legal fees) that Trump and/or his businesses may have to cough up, given all of the ongoing legal battles they are defending against, that could become a very big problem for the disgraced former President as well. According to new reporting, occupancy rates are plummeting at Trump's properties, including his headquarters Trump Tower in New York and his tower in Chicago. A $100 million loan for the Fifth Avenue building in NYC has now been placed onto a "debt watch list" by the loan's master servicer, Wells Fargo, due to the quickly falling occupancy rate in the building since the end of last year. And that comes as Trump is reportedly personally on the hook for loans up to $400 million coming due in the next couple of years.
  • And, if you think it's time for us to move on from Trump accountability coverage since he's no longer in officer, well, we've got some bad news for you. We haven't even given up yet on George W. Bush accountability news! Happily, he faced a bit of accountability this weekend for his years of unprosecuted war crimes, courtesy of a U.S. Iraq war vet this past weekend in Los Angeles. We've got the play-by-play.
  • Finally, Desi Doyen joins us for our latest Green News Report, with good news and bad (mostly bad) as the U.N. General Assembly meets this week in New York and much more. Also, remember when the Trump Administration moved the Bureau of Land Management headquarters from D.C. to Grand Junction, Colorado in 2019 to try and pretty much kill the federal agency? Well, that largely worked, with nearly 300 experts, scientists and other employees who chose to resign or retire rather than move their lives across the country for no legitimate reason. Now the Biden Administration's Interior Department is moving the BLM back to D.C.

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Also: Debunking CA Recall 'fraud' claim; COVID crisis creating hospital death panels as the voluntarily unvaxxed killing themselves and others...
By Brad Friedman on 9/16/2021 6:10pm PT  

If there's one guy you really don't want vowing to dog you, it may be Rhode Island's Democratic Sen. Sheldon Whitehouse, easily one of the most persistent Senators in the upper chamber. If you're Trump's FBI Director or, especially, Supreme Court Justice Brett Kavanaugh, that's probably not good news. But it's just one of the stories covered on today's BradCast. [Audio link to full show is posted below this summary.]

Here's a quick summary of many more of them...

  • No, the disappearance of 350,000 votes from CNN's California Recall Election Night live ticker is not proof that it was stolen. Especially when there is a perfectly plausible (and checkable) explanation for it.
  • After the well-publicized testimony of U.S. gymnasts in the Senate Judiciary Committee on Wednesday, regarding the FBI's years-long failure to adequately investigate hundreds of allegations of sexual assault against now-convicted team physician Larry Nassar, Sen. Sheldon Whitehouse had a few related questions for Trump-appointed FBI Director Christopher Wray about another similarly flubbed investigation --- perhaps more accurately described as a Trump Administration/FBI cover-up --- regarding serious allegations of sexual assault against a young girl by a now sitting Supreme Court Justice. After alleged sexual assaulter Brett Kavanaugh, Donald Trump's second nominee to be packed onto the U.S. Supreme Court by Republicans, Whitehouse vowed to Christine Blasey Ford, Kavanaugh's main accuser, that he would get to the bottom of the FBI's clearly whitewashed pre-confirmation "background check" probe of Kavanaugh. It's three years later and Whitehouse has not forgotten. As he explained while pressing Wray during Wednesday's hearing, he has been waiting all of that time for answers and documents from the FBI. He made clear to Wray that he will not stop until he gets them. As evidenced by his nearly ten years of weekly "Time to Wake Up" climate addresses on the floor of the U.S. Senate, the Rhode Island Senator does not back down easily.
  • The COVID pandemic continues to worsen in the U.S., with no end in sight. That, of course, thanks to the voluntarily unvaccinated. Hospitals across the entire state of Idaho are now rationing care under "critical care standards" that allow them to try and save the lives of those most likely to survive, while offering comfort and best wishes to those unlikely to make it. Similar "death panels" are now in place or "imminent" in other states with similarly low vaccination rates, mostly run by Trumpy, denialist, Republican Governors. While the vast majority of those paying the worst price are the unvaccinated, their selfishness comes at an unspeakable to cost to many who are vaccinated, as we detail today. Those include the Alabama man who died last week in Mississippi after his Trump Country Alabama hospital had to call 43 hospitals before finding one, 200 miles away, that could give him care; the Illinois woman with a comorbidity who died after becoming infected with a breakthrough COVID case after visiting a family friend in Mississippi whose husband had died in the state with one of the lowest vaccine uptake rates; the man in Hawaii who remains in excruciating pain today, because he can't get a non-emergency operation for kidney stones due to lack of oxygen supply for all but COVID patients on all of the islands. Yes, the voluntarily (and selfishly) unvaccinated continue to bring pain, harm, sadness and death to far more people than just themselves...which is already bad enough.
  • Finally, Desi Doyen joins us for our latest Green News Report, featuring news on Nicholas, the latest storm to make landfall in our latest record hurricane season, exacerbating recovery in Louisiana, where folks are just beginning to recover from Hurricane Ida the week before last; Biden's continuing push for his landmark climate infrastructure plan; States now beginning to hold plastic producers to account for their pollution; and Vermont stepping up as the latest state to sue fossil fuel giants for decades of deadly lies about climate change...

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Guest: The American Prospect's Harold Meyerson; Also: Senate's 'Freedom to Vote Act' will mandate hand-marked paper ballots for all!...
By Brad Friedman on 9/15/2021 6:19pm PT  

Today on The BradCast: It takes a lot of chutzpah --- and plenty of confidence that corporate media is too cowed to call you out for it --- to continue calling your party a "conservative" one, after forcing state taxpayers to waste almost $300 million to run a special Recall Election that ends with almost the exact same results as the last time Republicans tried to defeat the popular Democratic Governor in an election. [Audio link to full show is posted below this summary.]

But, yeah, that's what happened on Tuesday. With about three quarters of the vote now tabulated in California, Governor Gavin Newsom has clearly crushed the GOP's attempted Recall Election in California --- by a mile. As of now, the vote to keep the Governor in office is ahead by about 28 points, or 64% to 36%. That's almost the same margin by which President Biden annihilated Donald Trump in the state in 2020, and slightly smaller than Newsom first term victory in 2018. (Though the results may still widen for Newsom before all is said and done with the processing of late Vote-by-Mail ballots and Provisionals over the next few weeks.)

The Governor, who will face a normal reelection contest in just over a year, offered brief remarks after media called the race on Tuesday night. "'No' is not the only thing that was expressed tonight," Newsom told supporters. "I want to focus on what we said ‘yes’ to as a state: We said yes to science, we said yes to vaccines, we said yes to ending this pandemic."

Along with a laundry list of rights and freedoms that progressive California voters "said yes" to, in contrast to the rightwingers hoping to end public health mandates and more, Newsom also noted the state "said yes to people's right to vote without fake fraud or voter suppression."

On Monday, the day before the Recall --- before any results were known at all --- the GOP's top candidate, far-right radio talk show host Larry Elder, unveiled a "Stop CA Fraud" website demanding a special session of the state legislature be convened to "investigate and ameliorate the twisted results of this 2021 Recall Election." That would have been unknown results, at the time, which he disingenuously charged included "improperly formed ballots"; "instances of undocumented ballots"; and "statistical analyses [that] have detected fraud in California resulting in Governor Gavin Newsom being reinstated as governor." Without such a special session --- presumably at an even higher "conservative" cost to taxpayers --- Elder's campaign threatened use of the "ammo-box."

Hours after most media outlets had called the race for Newsom on Tuesday night --- after Fox "News" had quickly pulled down all of their Election Night incoming results numbers in order to pretend there had been no election at all that day --- Elder finally conceded and encouraged supporters to be "gracious in defeat". But, after lying about "fraud" in the election and threatening use of the "ammo-box", he should receive zero credit for those remarks. He then pledged that, though he "may have lost the battle, we are going to win the war."

We're joined today by longtime Editor of The American Prospect, former Editor of L.A. Weekly and frequent Los Angeles Times contributor HAROLD MEYERSON. We discuss whatever lessons may be learned from the Recall for both Democrats and Republicans in the state, as well as across the nation, as we head into next year's mid-term elections and, as Meyerson writes at The Prospect today, "the California GOP has gone down the same rathole as the rest of the Trumpified horde."

"They're saying Larry Elder is now the dominant figure in the California Republican Party," Meyerson observes, regarding GOP hopes for a rematch against Newsom next year. "If you want your party leader, your standard bearer, your best electoral prospect to come into the next race trailing by four to five million votes --- okay! Take it away!"

We also discuss why and how California's 100-year old, once well-intentioned progressive Recall and Ballot Initiative process needs to be overhauled in the state, where it should have been done by Democrats years ago.

Finally, in a BradCast with way more good news than we are accustomed to these days, more good news on the Senate Democrats' newly unveiled election reform compromise bill known as the "Freedom to Vote Act". We summarized the wildly encouraging key points of the new bill, crafted by eight Senate Dems including Joe Manchin, on yesterday's program. But, we didn't have the legislative text at the time to report on whether the summary's promise of "Voter-Verified Paper Ballots," would truly offer the long-overdue right to a hand-marked paper ballot for all voters across the country, or whether the legislation would offer gaping holes on that point, as the Dems' otherwise excellent For the People Act --- on which the Freedom to Vote Act is based --- currently does.

On that point, now that we've seen the actual text of the proposed 592-page bill [PDF], we can happily report the good news that the new legislation does, on page 318, appear to promise long-overdue HMPBs for all "at every in-person voting location" in the country! Passage of this bill --- if Dems can figure out how to get Manchin's permission to reform the filibuster to do it --- would be the most transformative legislation for American democracy since the Voting Rights Act of 1965...and could, arguably, even out do it!

Let's get the "Freedom to Vote Act" passed, ASAP!!!

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Elder pretends to care about 'election integrity', lies about fraud before Election Day; Senate Dems reach fantastic election reform 'compromise'; More anti-vax RWers 'bite the dust' while inflaming the pandemic for all...
By Brad Friedman on 9/14/2021 6:57pm PT  

Get ready for another roller-coaster ride on today's BradCast, which also happens to be Recall Election Day in California. [Audio link to full show is posted below this summary.]

As of airtime on Tuesday, we heard of no major reports of voting problems at the polls across the Golden State, though that may be thanks to so many already having voted by mail or during early voting. But, while pretending to support "election integrity" during an interview on MSNBC, Larry Elder, rightwing talk show host and GOP front-runner to become Governor if popular Democratic Gov. Gavin Newsom loses on the ballot's first question, was busy lying about "fraud" and the "twisted results of this 2021 Recall Election" on his "Stop CA Fraud" website, before any results are known whatsoever. Oh, and he's also threatening the use of the "ammo box" if the results don't go his way.

(And, in related comment, we discuss why these "Will you accept the results of the election tomorrow?" questions are really unfair and unhelpful gotcha questions, that it would be really nice if media stopped asking.)

In far brighter news, a group of eight U.S. Senators --- representing the broad political spectrum across the Democratic caucus in the upper chamber and including Joe Manchin --- announced a "compromise" election reform package with a ton of really really good stuff in it. Among the huge number of long overdue reforms in what they have dubbed the "Freedom to Vote Act": Automatic and same-day voter registration for all; restoration of voting rights for former felons; federal minimum standards for absentee voting, drop boxes and early voting; an end to partisan gerrymandering; curbs on dark money in elections; the prevention of the ability of partisan state legislatures to overturn results derived by non-partisan election officials; new cybersecurity standards for computerized voting systems; and much much more.

The devil is often in the details, and I've yet to review the actual legislative text as of airtime, but from the summary description made available by Sen. Amy Klobuchar, chair of the Senate committee that oversees federal elections and campaign law, almost any one of the items included in this proposed bill would be hugely good news. I'll need to review the specific language on the measure's requirements for hand-marked paper ballots to sign off on that part of the bill, but even the proposed requirements for Voter ID are very good ones. They will serve to force states with purposely restrictive Photo ID voting restrictions (enacted to suppress the vote, not to protect against fraud) to be much less onerous, while avoiding new restrictive mandates in the majority of states which already have reasonable ID rules or few at all.

The legislation is based on Manchin's personal "compromise" version of the For the People Act and John Lewis Voting Rights Advancement Act, both of which have already been passed by the House. Manchin is one of the eight Senators who worked out this proposal, and is said to be reaching out to bring Republicans on board. Of course, even if all 50 Senators who caucus with the Dems vote in favor, as appears likely (Schumer says he is scheduling a vote for next week), it seems unimaginable that any Republicans will join them, much less the 10 that would be required to overcome a Senate filibuster. But with Manchin as a co-sponsor, it will now be on him to get the GOP votes needed for passage or face the prospect of no long-overdue election protection at all...UNLESS he is willing to support a "democracy reconciliation" carve-out to the Senate filibuster. It should be a very interesting, maddening and/or fantastic week or two. We'll be following it all very closely, of course.

And, as Dems are trying to improve representative Democracy in the U.S., Republicans are still, apparently, in the business of simply trying to kill as many Americans as they can to make some sort of twisted political point.

Yet another fervent, anti-vaxxer rightwing radio and TV host died from COVID over the weekend, the fifth in the past month and a half. And while we've had a modicum of sympathy for some of the others who have recently passed, as we explain, this one, 62-year old Bob Enyart, is very difficult to feel anything but contempt for.

We have slightly more sympathy, however, for the wildly misinformed and brainwashed 64-year old anti-vax QAnon supporter and highway overpass activist and YouTuber, Veronica Wolski who bragged last month on her final video about never having worn a mask in her life, and about the need to "NEVER COMPLY" with any COVID public health measures in order to "never give up your freedoms" so "you never have to fight to get them back."

She won't be fighting for anything anymore. Wolski died over the weekend from COVID-related illness in the ICU, but not before the QAnon dupes, led by disgraced Georgia attorney Lin Wood, sicced supporters on the hospital trying to save her life and threatened its workers with "murder" charges unless they agreed to treat her with Ivermectin, the horse deworming medicine not approved for treatment of COVID. That, before Wood declared on his Telegram channel to his more than 800,000 followers: "Now, we go to war."

Unfortunately, deadly climate change (not to mention COVID) is what wingnuts should be going to war against. As Desi Doyen explains in our latest Green News Report today, yet another massive tropical storm, Hurricane Nicholas, is now knocking out power (again) and drenching the U.S. Gulf Coast with some 20 inches of rain in parts of Texas flooded out in 2017 by Hurricane Harvey and sections of Louisiana that were already still under water following last week's Hurricane Ida. President Biden, meanwhile, is pushing for action on climate in his $3.5 trillion budget reconciliation bill, and his EPA is taking several long-overdue actions on behalf of clean, non-toxic drinking water across the U.S., and an age-old salmon fishery in Alaska...

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Also: No, we weren't 'united' after 9/11. My 'Presidential Speech', written 20 years ago this week. Plus: Callers...
By Brad Friedman on 9/13/2021 6:44pm PT  

On today's BradCast: Election Day for the California Gubernatorial Recall is tomorrow, though many have already voted across the nation's most populous state with Vote-by-Mail ballots. And we also share some thoughts on 9/11 that may be very different from the coverage of its 20th anniversary over the weekend.

Today would have been the last chance for CA Sec. of State Dr. Shirley Weber to mandate a statewide post-election Risk-Limiting Audit (RLA), as the nation's top cybersecurity and voting system experts have urgently asked her [PDF] to do on an "emergency" basis. That, following a recent voting system security breach that effects election management systems and tabulators made by Dominion, as used in 60% of the state's counties. Despite their pleading, Weber declined to call for such an audit.

Instead, she sent a letter [PDF] in reply to the security experts who contacted her with "urgent" concerns, after she held a meeting with them last week (which we reported on in detail on Friday). She sung the praises of California's election security process in the letter, and dismissed their concerns, as AP's coverage highlighted, as "inaccurate," noting that, in any event, there was no time to mandate such an audit because it would require "significant preparation, training and testing."

"Further," she wrote the group of top voting and cybersecurity scientists in the nation (and perhaps the world), "the implication that California’s elections cannot be conducted safely and securely without [a more rigorous audit] is inaccurate, as California has the strictest voting system testing, procedures for use and security requirements in the nation."

Suffice to say, as we've been reporting in detail over the past month (as succinctly summarized by longtime listener/reader Sheila Bernard in an L.A. Times Letter to the Editor today) --- ever since a Republican County Clerk in CO made illicit copies of the Dominion Election Management System (EMS) software in her county before it was later released to the Internet for wide download, to the shock and horror of the voting system scientists whose warnings Weber has now ignored --- what happens next is anyone's guess. In its latest coverage, AP cites local election officials in the state, such as Santa Barbara County Clerk Joe Holland claiming it would be "near impossible" for anyone to manipulate results. "It's not even a concern," he said.

That disregard for the scientists warning of the need for "emergency actions" brings to mind a comment from one of those scientists, University of South Carolina's Duncan Buell, who told us on The BradCast last week: "I have seen well meaning election officials with too little skepticism and too much hubris. And I think that's a problem." It certainly might be. We'll find out, perhaps, in a day or two.

At the same time, we report on a few other problems that polling place voters have reportedly had trying to cast their ballot in Los Angeles County over the weekend, thanks to yet another failure of the County's new electronic pollbook system. The same system failed repeatedly during its maiden use in the 2020 election cycle and, over the weekend, the new computer systems incorrectly informed both Democratic and Republican voters that they had voted already...when they had not, in at least two different voting locations. Those voters were given provisional ballots and the e-pollbooks in question were said to have eventually been removed from operation, according to a statement from the L.A. County Registrar's office.

Both California and the nation are now on pins and needles. There are disturbing implications if Democratic Gov. Gavin Newsom is removed from office in California and replaced in the Recall by rightwing talk show host Larry Elder, particularly with the state's 88-year old U.S. Senator Dianne Feinstein in office with the barest of majorities for Democrats in the Senate.

Next, there were 20th anniversary commemorations over the weekend to mark the horrific terror attacks of September 11, 2001. Along with it, there was more repetition of the false claim that "America came together, united as one after the attacks". That has always been a myth, as we discuss today.

To underscore that myth, I share a part of my 20-year old, never before shared publicly (I think), "My Speech to the Nation After 9/11 (Were I President, Which I am Not.)" which I wrote and shared with family members on September 14th, 2001, just days after the attacks. The speech, as written (but, obviously, never delivered) was, to say the least, a very different one --- with a very different call to action --- than the one delivered at that same time by George W. Bush. And, had I been President at the time (which I wasn't), it likely would have resulted in a very different America and world today. Whether it would be a better one? Well, you can decide and let me know.

Finally, we open up the phone lines today to callers on all of the above, many of whom are focused on questions and concerns about the CA Recall...

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Guest: Vote system expert Dr. Duncan Buell; Also: GA's criminal Trump probe 'inches forward'; Pillow Guy says something really REALLY stupid...
By Brad Friedman on 9/8/2021 6:20pm PT  

It's an old cliche by now that every bad disaster movie begins with a scientist's warnings being ignored. We'll continue to hope, on today's BradCast, that California's Gubernatorial Recall election, with voting under way right now and Election Day next Tuesday, doesn't turn into a bad disaster movie...now that CA's Democratic Secretary of State seems to be ignoring the urgent warnings from a whole bunch of the nation's top computer scientists. [Audio link to full show is posted below this summary.]

Several weeks ago, polling of likely voters in the GOP's sleazy attempt to oust Democratic Gov. Gavin Newsom from office in a special recall election, suggested a dead heat on the question of removal for the otherwise popular progressive Golden State Guv. Today, more recent polling suggest Newsom is up by more than 10 points among those considered to be likely voters, according to 538's average of recent surveys, and by about 8.5 points in RealClearPolitics' round-up. That, after the very Trumpy, far-right Republican radio host, Larry Elder, has emerged as Newsom's likely replacement if the Governor loses on the ballot's first question as to whether he should be recalled.

In the meantime, as we have been highlighting over the past month, California's state election officials should be very concerned about a new security threat to the election itself following the theft of Election Management System (EMS) software made by Dominion Voting Systems. The vendor's systems are used to run elections in nearly 60% of California jurisdictions. Copies of its EMS software were apparently purloined in the middle of the night by a far-right County Clerk in Mesa County, Colorado last May before being released to the wilds of the Internet during MyPillow CEO Mike Lindell's phony "cyber symposium" last month. That release now poses "critical new risks to the recall election," according to eight of the nation's top cyber security and voting system experts. They sent a chilling, 3-page warning letter [PDF] to CA Sec. of State Dr. Shirley Weber late last week, advising her to mandate a statewide Risk-Limiting Audit (RLA) as the "one critical action" she can and should take immediately to try and mitigate against this "serious threat" which, the experts argue, warrants "emergency action" on the part of state officials.

One of the authors of that letter, DR. DUNCAN BUELL, Chair Emeritus in Computer Science and Engineering at University of South Carolina, joins us on today's show to explain the letter, the threat and the need for the SoS to take action now, rather than waiting until after Election Day.

"If the results are known first and then somebody says 'let's audit', there will always be some skepticism and some conspiracy theory that the reason for the audit is because the result came out different from somebody in power who wanted it to be a different result," Buell tells me. "You've got to mandate the audit before you have the result so the voters know that this is being done specifically for the right reasons."

He goes on to explain how the EMS software, which can now be downloaded and explored for vulnerabilities by anyone with an Internet connection, is "absolutely central to everything" when it comes to running elections on computer systems. "The EMS is almost certainly going to be configuring ballot styles --- even for hand-marked [paper] ballots, where the bubble is to be filled in, in terms of position on the page --- and it's going to be the system at the end of the day that does the tabulations. So anything that is that central is really critical."

When I ask if it's an overstatement to refer access to the EMS software as "the keys to the kingdom" when it comes to computerized voting and tabulation systems, Buell confirms: "I don't think that's an overstatement at all. That's very much the case."

Even with the recent shift in polling, suggesting a possible lead for Newsom in the Recall, Buell notes, "I don't necessarily think either side should be breathing a 'sigh of relief' because the problem really is that the election system needs to be secure, and the election process has to be done in a transparent way that voters can trust and understand. With the release of the [EMS] software, it's hard for anyone to really feel that what's going to happen is what ought to happen unless there is a statistically sound Risk-Limiting Audit conducted after the fact, just to make sure things got done right. This is a question of confidence, transparency, and the fact that we don't get to do elections over."

He offers much more insight on all of this during our conversation today, as based on his many years of experience with voting systems as both a Professor and expert witness in voting system related cases and challenges across the country. We discuss the lack of response the eight top experts have so far received from Sec. Weber in CA, and a dismissive --- and arguably naive --- statement given by her office to AP last week following the release of the letter.

"I have seen well-meaning election officials with too little skepticism and too much hubris," Buell warns. "I think that's a problem. We don't know what the results are going to be, so we don't know ground truth for what's going to come out of this recall election in California. We can't do it over. This means that, yes, all of the processes have to be rock solid. But it also argues that there needs to be a way, after the fact, to make sure that the outcome that you think you got is the outcome that you should have gotten. That's what one of these RLAs, Risk Limiting Audits, will do."

He also observers that California is lucky, in that the inventor of the RLA protocol, Philip Stark of U.C. Berkeley, is right here to help. Stark is also a signatory of the letter to Weber. He joined us on the show several weeks ago, just after the stolen Dominion EMS software was released, to explain the serious concerns at that time --- well before the national media had noticed any of this, and before CA's SoS got around to seemingly ignoring the warning and advice of the nation's top experts in the field.

Given that Donald Trump is already falsely and predictably claiming that the CA Recall is "a rigged election", as is Fox "News", it's even more imperative that Weber mandate a professional, publicly witnessed, statewide post-election audit now (as opposed to the type of scammy, secret, "audit" theater recently carried out by inexperienced, partisan, conspiracy buffoons in Maricopa County, Arizona, for instance) before the computer-tallied results of next week's critical Recall Election are known.

Speaking of fraud and conspiracy buffoons, we have a bit of fresh news this week about the slow, but still "ongoing" criminal investigation by Fulton County, Georgia District Attorney Fanni Willis into the conspiracy led by Donald Trump to try and strong-arm Peach State officials into stealing the election on his behalf last year. That probe could also end up targeting fellow conspirators Sen. Lindsey Graham (R-SC) and Rudy Giuliani.

And then we close with the really really dumb comments from MyPillow conspiracy buffoon Mike Lindell, in which he recently seems to have thrown himself under the bus on his own streaming video channel, in regards to the $1.3 billion defamation lawsuit he is currently facing from Dominion Voting Systems...

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Open letter to CA's Sec. of State calls for 'urgent mitigating action' with an immediate mandate for statewide post-election Risk-Limiting Audits...
By Brad Friedman on 9/2/2021 11:35pm PT  

Eight of the nation's top cybersecurity and voting systems experts warned in a letter sent to California's Secretary of State on Thursday night that "emergency action is warranted" in response to a recent leak of key voting system software used in nearly 60% of state jurisdictions amid CA's ongoing Gubernatorial recall election.

The bluntly --- and urgently --- worded, 3-page letter [PDF] from the longtime experts in this field to CA Sec. of State Dr. Shirley Weber calls for a specific type of public, post-election audit as the "one critical action" that should be announced immediately, in response to software recently stolen from Mesa County, Colorado and Antrim County, Michigan. The software in question, Dominion Voting's Election Management System (EMS), was released over the Internet for broad download during a so-called "Cyber Symposium" run by Trump supporter, conspiracy theorist and pillow impresario, Mike Lindell three weeks ago. The EMS software, used in both CO and MI and many other states, including CA, is used to manage virtually every aspect of elections, from ballot creation to tabulation. Forty of California's 58 counties, according to AP's coverage of this matter tonight, use a version of the Dominion EMS that, according to the experts' letter, while "not identical" is virtually the same with only "relatively minor" differences.

"The release materially elevates threats to the trustworthiness of the ongoing California recall election and to public trust in the election," the experts inform Weber, as they urge her to, in advance of the election, mandate a robust statewide post-election audit in each county in the state.

The computer scientists explain that "a statewide risk-limiting audit (RLA) of trustworthy paper ballots...can substantially mitigate these threats," as posed by the recent breach. They define "trustworthy" as hand-marked paper ballots with a secure chain of custody, and advise that Weber mandate RLA's to both to ensure accuracy of computer-tallied results of those ballots and to offer confidence to the public in the results, no matter the outcome of the September 14th GOP recall targeting Democratic Governor Gavin Newsom.

One of the letter's signatories, Prof. Philip B. Stark of UC-Berkeley, is the inventor of the well-regarded RLA protocol. It consists of a manual, public tally of a certain percentage of ballots as devised by the protocol to gain scientific certainty in the computer-tallied results. Stark recently discussed the alarming new security breach on The BradCast, comparing this release of proprietary election software into the wild as akin to having a life-sized, identical version of a bank and its vault with which to practice breaking into it...

--- Click here for REST OF STORY!... ---




Guest: Heather Digby Parton on that, Afghanistan, phony 'conservatism', Trump accountability and more: Also: Good news in FL; Bad news in TX; Very disturbing news in Russia and New Orleans...
By Brad Friedman on 8/27/2021 6:40pm PT  

It's been a while since one of our favorite BradCast guests has joined us, and so we've got a lot to catch up with her on today, starting with the GOP's latest attempt to use "legal means to subvert democracy," as she describes it, out here in California. [Audio link to today's full show is posted below this summary.]

But, first some very quick news items today, including good news in Florida, where a state judge has struck down Republican Gov. Ron DeSantis' deadly ban on local and school district mask mandates as "illegal and unsupported"; Bad news in Texas, where three weak-kneed Democrats who returned to the state legislature after blocking a quorum for the last month, just allowed Republicans to adopt a sweeping new voter suppression law; Disturbing news in Russia, where massive wildfires are now said to be threatening a top-secret facility where nuclear war heads are made; Very disturbing news for New Orleans, where evacuations are underway with potentially killer Hurricane Ida quickly approaching; And some puzzling news out of Southern California, where a man was found by police with 300 stolen Vote-by-Mail ballots from California's Gubernatorial Recall election, which is now under way.

That's where we kick things off with award-winning Salon columnist, Hullabaloo blogger and fellow Californian HEATHER DIGBY PARTON today. For those who don't know, state Republicans received three extra months, due to the pandemic, to gather signatures for their attempted recall of the Golden State's popular Democratic Gov. Gavin Newsom, in a state where it is virtually impossible for the unpopular GOP to win normal statewide elections anymore. Vote-by-Mail ballots have been sent to all registered voters with two questions: 1) Should Newsom be removed from office? And 2) If so, who should replace him? There are 46 candidates listed under the second question.

As Parton recently wrote at Salon and details today, Newsom could lose on question 1 with 49.9% of the vote, while current GOP front-runner and far-right, Trump-loving radio talk show host Larry Elder, could then "win" on the second question to become the Governor of the nation's most populous state with just 15 percent of the vote.

Why Democrats didn't reform the state's "archaic" recall system after a similar scam was carried out by the GOP in 2003 to oust then Democratic Gov. Gray Davis and replace him with Arnold Schwarzenegger is a mystery. Though it speaks to the fact that Democrats, in general, as Parton argues, "have failed to understand the political culture that we're dealing with now, and fail to grasp just how important it is that they look ahead and take steps to protect democracy."

"I would say wake up, because this is happening nationally. It's happening in blue states,  red states, and everywhere else --- which is an absolute assault on democracy that's coming from the right," she explains, citing the national consequences as well for the outcome of the Recall on September 14th. "We have an 88-year-old Senator" who may need to be replaced by the Governor at some point. If that Governor is Republican Larry Elder, he'd flip the majority in the U.S. Senate with his appointment and "Mitch McConnell would be laughing and laughing and laughing at the idea that Biden's agenda was completely derailed by the lazy people in California who didn't come out to vote."

In addition to the Recall, we also catch up with Parton on the U.S. pullout from Afghanistan, and the ridiculous way the media has been covering the largest and, so far, most successful U.S. airlift in history, even as they otherwise haven't paid attention to what has been going on for most of the last 20 years of America's longest war.

We discuss how the GOP's long con of claiming to be "small government conservatives" has been exposed by the big government authoritarian edicts of Governors like DeSantis in Florida and Greg Abbott in Texas.

And, as if that's not enough, she also offers thoughts on the growing attempts to bring accountability for Donald Trump's attempt to steal the 2020 election, particularly by the U.S. House Select Committee examining the Trump-incited January 6th attack on the U.S. Capitol. "What they seem to be putting together is the case that Trump was planning to steal the election, and he was using the power of the Presidency to do it."

So, yeah, there's a lot to catch up on today, in yet another very lively conversation with our friend "Digby"!...

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Trump lawyers sanctioned, will face disbarment probes; Capitol officers sue Trump; Terror suspect sentenced in MI Guv kidnap plot; House files massive 1/6 records requests; TX AG Paxton clears TX AG Paxton; More...
By Brad Friedman on 8/26/2021 6:57pm PT  

Donald Trump tried to steal the 2020 election. We really must stop describing his efforts and those by his supporters as "questioning the results" or "claiming fraud" or "trying to overturn the election." The fact is, Trump tried to steal it. He used every means at his disposal to try and do so. Thankfully, he is largely a failure at pretty much everything, so it didn't work, though we now know it came exceedingly close. So, let's start calling it for what it is: An unprecedented attempted by a President of the United States to try and steal a Presidential election. To that end, accountability is now happening. Slowly but quite assuredly, along with a number of other related accountability stories on today's BradCast. [Audio link to full show is posted below this summary.]

Among the stories covered on today's program...

  • Some of the breaking news on today's terror attack at the Kabul airport in Afghanistan, which killed at least 13 U.S. service members and 60 Afghans and seriously injured many more. ISIS-K, an off-shoot of the Islamic State and an enemy of the Taliban, has claimed responsibility for the attack by two suicide bombers. If anything, Thursday's tragedy amidst the largest airlift in U.S. history --- following the swift takeover of the country by the Taliban --- simply serves to underscore even further why the U.S. pullout must continue, and why we certainly shouldn't have been there for 20 years (if at all);
  • In much less horrific news, the U.S. Election Assistance Commission (EAC) released its 2020 post-election survey [PDF] of various voting and election-related data from all 50 states last year. While The Guardian's Sam Levine characterizes the report as proving the election was "a remarkable success", we explain why that may be a bit of an overstatement. That said, the data does reveal yet again that, while there were far too many rejections of absentee and mail-in ballots (as is always the case, but especially amid pandemic voting last year), there is still no evidence at all to even suggest that the Presidential election was stolen in any way, shape or form by Joe Biden, the Democrats or anyone else. Not that Donald Trump didn't try (and fail) to do exactly that, of course;
  • In much brighter related news, a federal judge in Michigan on Wednesday brought some serious accountability down on nine of the Trump attorneys, including Sidney Powell and Lin Wood, who both helped Trump try to steal the 2020 election by filing fraudulent lawsuits, in this case in Michigan, fraudulently claiming that the election was stolen, using fraudulent claims about fraud. All nine lawyers were excoriated by U.S. District Court Judge Linda V. Parker's scathing 110-page order [PDF], which should (hopefully) end each of the attorneys' careers as officers of the court. Parker mandated the Trump lawyers pay attorneys fees accrued by the city of Detroit and state of Michigan in defending against the "frivolous" so-called "Kraken" lawsuit; take 12 hours of legal classes each (including 6 on Election Law); and, most importantly, face investigations for possible suspension and/or disbarment by legal authorities in each of their home states;
  • More accountability for Trump's attempt to steal the 2020 election, specifically for the January 6th attack on the U.S. Capitol that he incited as part of that effort. Seven Capitol Police officers on Thursday filed a lawsuit [PDF] against Trump, several far-right extremist groups charged with aiding the deadly plot, and even against Trump associates like Roger Stone. It is, as the New York Times describes it, "the most expansive civil effort to date seeking to hold Mr. Trump and his allies legally accountable." Trump is already facing two other similar lawsuits filed by the NAACP and by Rep. Eric Swalwell. But, no doubt, the disgraced former President and his supporters will see this new complaint differently, because it is filed by police officers and, as you know, Republicans always "back the blue", right?;
  • That lawsuit follows just one day after the bi-partisan U.S. House Select Committee on the January 6th attack issued a massive series of records requests to at least 8 different federal agencies for documents related to Trump's movements, actions and meetings on January 6th, and in the weeks and months both before and after. The requests were sent to, among others, the FBI, Dept. of Homeland Security and National Archives, where Presidential White House records are stored. Trump is apparently livid about the effort, describing it as a "partisan exercise" being carried out by a "Leftist" House Committee. (That may come as a surprise to "Leftist" Committee members Liz Cheney and Adam Kinzinger);
  • In still more accountability news today, tangentially related to Trump's attempt to steal last year's election in Michigan: The sentence for the first domestic terrorist, among some 13 charged in the plot to kidnap Democratic Gov. Gretchen Whitmer last year, was handed down on Wednesday. A 25-year old man who, according to Justice Department prosecutors, cooperated with the investigation after initially pleading not guilty, changed his plea and was sentenced to more than 6 years in prison on charges of providing material support for terrorist acts and felony firearms charges. The failed conspiracy, according to the FBI and Whitmer, sprang from Trump's attempt to vilify the Governor for her science-based handling of the COVID pandemic, in a year in which Trump was willing to say and do anything to win the important battleground state. (He lost it by 150,000 votes instead);
  • In accountability news only spiritually related to Trump, a federal appeals court declined to overturn the sentence of the man who killed nine Black parishioners at the Emanuel Methodist Episcopal Church in Charleston, South Carolina in 2015. The now-27-year old avowed white supremacist is the first person charged with a death sentence for committing a federal hate crime. While accountability is great, a life sentence would have been sufficient. Killing people is bad, as some of us learned even before Kindergarten. Apparently, the U.S. Government has yet to do so;
  • Only politically related to Trump, the Republican state Attorney General in South Dakota, Jason Ravnsborg, who fatally struck a pedestrian last year and left him to die, decided to take a plea deal rather than begin his trial today. Nonetheless, as of airtime, despite the hit and run fatality, Ravnsborg was still in office as the state's top law enforcement official;
  • And, in related corrupt Republican state Attorney General news, definitely politically related to Trump, Texas Attorney General Ken Paxton is also still in office. That, despite being charged with multiple felonies for securities fraud some time ago (and, so far, evading trial on those years-old, but still-pending indictments); facing potential disbarment by the State Bar of Texas for his attempt to help Trump steal the election with a bogus, fraudulent, rejected lawsuit filed with the U.S. Supreme Court to try and overturn results in four non-Texas states; and under investigation by the FBI after 7 top staffers in his office quit and filed a legal complaint detailing how AG Paxton was involved in a serious bribery and abuse of power scheme involving protection for one of his top donors and a scheme that involved having the man give a job to his mistress. Well, on that federal investigation, AG Paxton had some good news this week! In an unsigned 374-page report [PDF] published by AG Paxton's office on AG Paxton's letterhead, AG Paxton's own internal investigation found that "AG Paxton’s actions were lawful" and that "AG Paxton committed no crime". Phew! That was close! I'm sure the FBI is calling off their probe, even as we speak.
  • Finally, as a late brewing potential major hurricane (Ida) spins toward the Gulf Coast for possible landfall over the weekend, Desi Doyen joins us today for our latest Green News Report, with a suspiciously inordinate amount of encouraging news. But don't worry, there are a few items of the usual catastrophic nature GNR is known for as well. We'd hate to leave anyone disappointed...

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Guest: FSFP's Courtney Hostetler on federal suit challenging two new vote suppression laws in AZ; Also: John Lewis Voting Rights Enhancement Act passed by House Dems; NC court restores voting rights to 50k...
By Brad Friedman on 8/25/2021 6:32pm PT  

On today's BradCast: It was bad enough in 2013 when Chief Justice John Roberts gutted Section 5, the key provision of the Voting Rights Act. That section prevented discriminatory voting laws before they could take effect. By the time Justice Samuel Alito, on behalf of the Republicans' stolen and packed 6 to 3 majority, legislated from the bench last month to create new tests for Section 2 of the VRA, pulled largely out of thin air, it felt like there was little left in the landmark 1965 federal legislation to protect voters. But voting rights champions are moving forward in courts, nonetheless, even as the battle for new federal voting rights legislation continues.

On Tuesday night, without a single Republican vote, Democrats in the House adopted the John Lewis Voting Rights Advancement Act. The measure would fix much of the damage done to Section 5 of the VRA by the GOP Supremes in 2013, allowing laws with a discriminatory impact on minorities to be blocked in all fifty states before they can suppress voters. But that bill have to overcome a Senate filibuster by Republicans to become law. Still, Democratic Senator Joe Manchin of West Virginia says he support its passage, so perhaps he'll support the modification to the filibuster necessary to pass it. Given the federal lawsuit filed last week in Arizona against two new GOP voter suppression schemes in that state, perhaps AZ's Sen. Kyrsten Sinema, another opponent of filibuster reform --- even on behalf off democracy --- will rethink her position as well when the Senate returns from its August recess.

On Monday, however, there was some bona fide good news out of the very closely divided state of North Carolina, where a court overturned a century old law that prevented former felons from voting upon release from prison. The measure, originally enacted after the Civil War to stop access to the ballot box for black Americans, was finally overturned this week, allowing some 50,000 former felons to register to vote immediately. Of course, state Republicans are appealing the ruling.

And, despite good news last month from a Florida court, tossing a GOP cap on how much money can be donated to get initiatives onto the ballot in the Sunshine State, the effort to once again reenfranchise former felons in that state will now have to wait until the 2024 ballot. That, even after Florida voters already voted for exactly that in a landslide 65% to 35% victory in 2018. It seems Republicans will never run out of ways to prevent some 800,000 returning citizens in the state from being able to participate in their own democracy. It's what they do. It's also why it is so critical to adopt federal reforms, currently being blocked by Republicans and a couple of intransigent Democratic Senators.

In Arizona last week, several voting and civil rights group filed a federal lawsuit challenging two laws recently enacted by state Republicans aimed at suppressing the minority vote, according to our guest today, COURTNEY HOSTETLER, Senior Counsel at the non-partisan government watchdog Free Speech for People (FSFP). Her organization is litigating the case on behalf of Mi Familia Vota, Arizona Coalition for Change, Living United for Change in Arizona (LUCHA), and Chispa Arizona. One law ends the state's very popular permanent early voting list, which allowed voters to receive Vote-by-Mail ballots automatically for every election. The other restriction requires voters who forgot to sign their VBM ballot to do so by 7pm on Election Night. That, even though voters judged to have a "mismatched" signature on their absentee ballot are allowed to "cure" the problem for up to five days after Election Day.

On the first restriction, Hostetler explains today that the permanent early voting list "is supposed to permanent. It's right in the name." But under the new law, she says, "if you don't vote in two consecutive election cycles, you're out. Two election cycles is not that many. There are local elections, many elections that happen. If you decide to skip two elections, for whatever reason, you're off this list and you might not realize it" until its too late.

On the second restriction, she describes that many voters are unlikely to be able to sign their ballot in time, or even be notified that there is a problem, particularly if they only dropped it off the day before the election and especially in the many cases where there is a two-hour, one-way trip for voters forced to use public transportation.

All of this is supposedly to prevent "voter fraud", according to Republicans in a state which has been unable to show any evidence of substantive fraud in past elections, much less fraud that would be prevented by the new restrictions. On the other hand, as Hostetler details, these laws --- which appear neutral on their face --- are specifically designed to "impact minority voters" in several different nefarious ways.

"We can't divorce this from the history of voting suppression in Arizona," she argues, listing many of the ways in which minorities will see a disparate impact from these laws. "Arizona has an unfortunate and long history of voter suppression of Latino, Black and Native American voters."

As the federal complaint [PDF] filed last week reads: "It is no coincidence that the Arizona legislature enacted these changes only after an election in which (1) for the first time in recent memory, the presidential candidate preferred by Arizona voters of color won; and (2) voters of color increasingly used early voting --- the target of the new laws --- to help elect their candidate of choice."

But how can these restrictions be challenged in federal court, given Justice Alito's absurd, created-from-whole-cloth new "guideposts" for adjudicating Section 2 cases under the VRA, where, as we discussed on The BradCast last month, he literally conceded that discriminatory laws are okay, so long as they don't discriminated too much?

Hostetler explains the groups' strategy for challenging these laws under the VRA as well as Amendments 1, 14, and 15 of the U.S. Constitution which, she argues, these restrictions "clearly violate". She also speaks to the necessity of passage of new federal laws to give voting rights attorneys more tools to work with, since SCOTUS has twice gutted the VRA over the past decade. She similarly offers advice on and what we can all do --- as voters, as citizens --- to help reverse this cycle of insidious voter suppression now setting in across the country...especially in swing states like Kyrsten Sinema's Arizona...

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Guest: UC-Berkeley's Philip Stark; Also: Deadly edicts by FL, TX Guvs and Recall candidate circus in CA underscore importance of defeating GOP attempt to unseat Newsom amid pandemic, climate crisis...
By Brad Friedman on 8/18/2021 6:56pm PT  

California Republicans know they can't win normal statewide elections. Hence, the attempted Recall election of progressive Democratic Gov. Gavin Newsom amid several crises that the GOP candidates hoping to replace him will make considerably worse. But now, voting system and cybersecurity experts tell The BradCast there is reason to be very concerned about the voting and tabulation systems used in some 60 percent of the state, following the recent theft and release on the Internet of Election Management System software, allegedly by a far-right County Clerk in Colorado during the MyPillow CEO's so-called "Cyber Symposium" last week in South Dakota. One of those experts joins us to explain the concerns, and what can be done about it, today. [Audio link to full show is posted at end of this summary.]

But, first up, the circus of some 46 candidates on the ballot hoping to become Governor of the nation's most populous state, if Newsom is removed by the first question on the Recall ballot, serves as a reminder that this special election, while seemingly ridiculous, is also potentially deadly for residents of the Golden State. Nonetheless, recent polling suggests that it is currently a dead heat as to whether Newsom will be removed and then replaced by someone likely to get little more than 20% of the vote on the ballot's second question about who should take his place.

In the middle of a debate between several GOP "front-runners" on Tuesday in Sacramento, one of the candidates, multi-millionaire John Cox (the guy who actually campaigns with a grizzly bear), got served in a Court process as he was introducing himself, as "ordered" by a San Diego Superior Court Judge finding that he owes about $100,000 to a contractor the Republican businessman failed to pay during his failed run against Newsom in 2018.

While neither of the top Republican or Democratic candidates on question two of the ballot were at the debate (Trump-loving, climate change denying, woman-hating Rightwing radio talk-show host Larry Elder and Democratic real-estate millionaire Kevin Paffrath), both of them oppose Newsom's mask and vaccination mandates. The BRAD BLOG's Ernie Canning, in a "Progressive's Guide to the California Recall" published today, explains why CA voters must vote "NO" on the Recall's first question, before he goes on to explain who he believes progressives should support on question two.

Sky-rocketing rates of infections, hospitalizations and deaths under GOP Governors like Florida's Ron DeSantis and Texas' Greg Abbott (who tested positive himself on Tuesday), should serve as another reminder of the importance of both elections and having Governors who do not place political ambition over science. Despite pleas to the contrary from health officials, both DeSantis and Abbott have issued edicts blocking local governments and school districts from instituting mask mandates, even as hospitals in both states are reaching or exceeding capacity, and children under 12 (unlike Abbott and DeSantis) are ineligible to become vaccinated. (Fortunately, President Biden reiterated today that the federal government will cover the salaries of school officials who chose to protect children, even if their paychecks are cut by the TX and FL Governors. And one school district in TX has come up with a very clever way of trying to get around Abbott's ban on mask mandates.)

Meanwhile, thanks to Newsom's various statewide mask and vaccine mandates here in California, infection, and death rates are all now coming back down once again.

Of course, facts such as these mean little to those pushing for the removal of Newsom, and many on the right have demonstrated of late that there is little they won't do in order to "win" an election. Thus, the theft and release of important voting system software by a far-right County Clerk in Mesa County, Colorado last week during Mike Lindell's "cyber symposium" (at which he didn't release the promised "absolute proof" that China stole the 2020 election from Trump), has a number of actual cybersecurity and voting system experts very concerned today.

We've been covering this story in detail over the past week, as both the national media and California media haven't covered it at all. But they should. Colorado media finally jumped in, a bit, this week after their Sec. of State on Monday announced that Mesa County Clerk Tina Peters --- who appeared on stage several times at Lindell's forum last week --- was behind the theft and copying of two hard drives at the Mesa County Election Division containing Dominion Voting's Election Management System (EMS) software.

Democratic CO Sec. of State Jenna Griswold's office, in a news release Monday night, explained how Peters pulled off the heist with two accomplices in the middle of the night back in May, before the software was released into the wild during last week's symposium. Since then, we have reported on this show about the concerns expressed by voting system and cybersecurity experts like Harri Hursti, who warns that the release of the critical software "lowers the barrier for attack planning and therefore increases the likelihood of future attacks." That, just after another top expert in the field, University of Michigan's J. Alex Halderman, filed a 50,000 word report in a long-running federal lawsuit in Georgia, which seeks to ban Dominion's unverifiable touchscreen voting systems. The report, which he says [PDF] details disturbing, newly discovered vulnerabilities in those systems, which reportedly could allow votes to be changed without detection, has now been sealed by the federal judge due to its sensitivity --- even from the plaintiffs and defendants in the case!

Dominion's vulnerable touchscreens are used in several large jurisdictions in California, even as the recall is now ongoing, including San Diego County, San Francisco and Riverside County. Their EMS software --- released to the Internet and downloaded by thousands just last week --- is used to tabulate votes, both hand-marked paper ballots and touchscreen votes, in every county where Dominion's systems are used. The software is used broadly in enough counties here that it could easily effect the computer-tallied results of the Recall election.

Another top expert who is worried about all of this joins us on today's program to explain why, and what can now be done about this serious security breach. University of California-Berkeley Professor PHILIP STARK is an expert witness in the Georgia case, the inventor of the post-election Risk-Limiting Audit protocol, and currently serves on the Board of Advisors of the U.S. Election Assistance Commission.

He joined Hursti this week in telling me that they were both dubious about vague claims from the CO Sec. of State's office that the U.S. Cyber Security and Infrastructure Security Agency (CISA) was not particularly concerned about the leak of the Dominion software.

"It is a serious risk," Stark makes clear today. "The best metaphor I've been able to come up with is, if I were trying to break into a bank, how helpful would it be to have blueprints of the bank and the bank vault? How helpful would it be for me to have an actual exact copy of the bank, completely at my disposal, to try different ways of breaking in and so forth? Not even a scale model, but literally the exact same thing, just in a different place. That's what having a copy of these disks amounts to."

"To the extent that these systems were not that secure in the first place, this doesn't make the systems more vulnerable. But it gives a would-be evil-doer lots of help and information to plan an attack, figure out what's going to work, which then can be conducted later by someone with less technical skill," Stark warns.

He explains that "these Election Management Systems are used, among other things, to configure the ballot marking devices" as well as "results from the precinct-based scanners" and the high-speed centralized scanners used to tabulate Vote-by-Mail ballots. "The release of the EMS code gives someone a blueprint for how to write malware to infect the ballot marking devices, etc., when they're configured using these systems."

We go on to discuss what can and should now be done by California in regards the ongoing Recall election (as well as other jurisdictions, with elections coming up in November, where Dominion systems are used in more than a dozen states) to ensure that results are accurately tabulated and reported, and can be known by the public, after the election, as such. His recommendations include the use of both hand-marked paper ballots and a far more robust post-election audit process than is currently mandated by CA state law.

Moreover, he cites a critical lesson that should be learned from Tina Peters, the Republican County Clerk in Mesa, CO who is alleged to have brought accomplices into the Elections Division in the middle of the night on May 23rd, and turned off the security cameras in order to steal the software and copy it for release into the wild. (She is now under criminal investigation and has been relieved of her duties by CO's Secretary Griswold.) "This is a very clear reminder that insider threats are real," observes Stark. "This is a wake-up call. It is very difficult to mitigate insider threats."

We are still waiting for a response from the CO Sec. of State's office, as to who they spoke with at CISA and what exactly that person said, given that the cybersecurity folks I've spoken with are quite dubious that the nation's top cybersecurity watchdog actually downplayed this voting system breach. Or, if they did, that they fully understood it. Meanwhile, CA's Sec. of State, to my knowledge, has said nothing about any of this publicly. But that may be because neither state nor national media --- other than us --- have bothered to connect the dots between California and these very serious concerns...

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