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Latest Featured Reports | Thursday, July 18, 2024
Holding on for Dear Life Amid the Political Whirlwind: 'BradCast' 7/17/24
Guests: Heather Digby Parton and 'Driftglass' on Presidential politics after the shooting; Dems still fighting over Biden; Trump's weird choice of Vance for VP; the RNC's 'unity' convention...
Cannon's Corruption: 'BradCast' 7/16/24
Guest: Attorney Keith Barber; Also: Menendez 'guilty' on all counts...
'Green News Report' 7/16/24
  w/ Brad & Desi
Texas grid buckles under multiple disasters; Hurricane Beryl damages now estimated at $3 billion; PLUS: Climate crisis flip-flopper J.D. Vance gets GOP Veep nod...
Previous GNRs: 7/11/24 - 7/9/24 - Archives...
Amid the Assassination Attempt Aftermath:
'BradCast' 7/15/24
Also: Trump Stolen Docs Case Dismissed; OH's J.D. Vance named as GOP Veep nom; Callers ring in on all of the nightmares...
Sunday Monday 'Google Project 2025' Toons
After a brief pause following Saturday's assassination attempt of Donald Trump, we are back with our latest collection of last week's best political toons...
Meanwhile... :
'BradCast' 7/11/24
Biden's tenuous candidacy; Trump and Orban; Inflation, prices falling; Climate liar Inhofe dies; California's stunning solar revolution...
'Green News Report' 7/11/24
  w/ Brad & Desi
Flooding, power outages, sweltering heat as deadly Beryl fallout continues; New FEMA flood risk standards; PLUS: House Republicans bravely seek Freedom for Refrigerators!...
Previous GNRs: 7/9/24 - 6/25/24 - Archives...
Paging 'Johnny Unbeatable'! Dems (Actually!) in Disarray!: 'BradCast' 7/10/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
SCOTUS Immunity Ruling 'As Bad as it Sounds', And Worse: 'BradCast' 7/9/24
Guest: LawDork's Chris Geidner on that and the Court's massive 'power grab'; Also: Record-breaking Beryl; U.S. heat records smashed...
'Green News Report' 7/9/24
Beryl breaks records, slams TX; 140m in U.S. under heat advisories; Big SCOTUS gifts for polluters; PLUS: Biden unveils first-ever extreme heat protections for workers...
So, What Now?: 'BradCast' 7/8/24
Listeners have strong opinions about where we are and how to move forward to save democracy after corrupt SCOTUS rulings and disastrous Presidential Debate...
Debunking MAGA Cult Xenophobia
CANNING: Throughout U.S. history, decent, hard-working immigrants (like me) have contributed to the economy and our nation's security: CANNING
Sunday 'Courting Disaster' Toons
THIS WEEK: Kings and Things! In our special SCOTUS-sized edition of the last impossible week's best political toons!...
Sunday 'Bad Medicine' Toons
THIS WEEK: Trump's hot pants ... Biden's cool reception ... SCOTUS gone wild ... and more in our latest collection of the week's best toons...
'Green News Report' 6/27/24
China flooding; Heatwave, crop failure in India; Disaster upon disaster in NM; On edge for SCOTUS decision; PLUS: Biden climate law creates 300,000 jobs!...
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...


Condo collapse in FL; Dems hopeful, cautious on bipartisan infrastructure 'deal'; Pelosi's announces 1/6 committee; Giuliani's NY law license suspended; MI Repubs eviscerate 2020 'fraud' claims...
By Brad Friedman on 6/24/2021 5:42pm PT  

On today's BradCast: It was one of those days. Again. Everything all at once. Again. We do our best to help you make sense of it all. Again. [Audio link to today's full show is posted below this summary.]

Among the stories, many of them still breaking as we went to air, covered on today's program...

  • High-rise condominium building collapses in South Florida near Miami Beach. As of air-time, 1 person was announced as dead and 99 others currently unaccounted for, as rescuers continue to comb through the deadly rubble searching for survivors.
  • President Biden declared "we have a deal" on an infrastructure package. It's a $1.2 trillion bipartisan "compromise" deal in the U.S. Senate on his proposed $2.25 trillion American Jobs Plan. That proposal is one part of his infrastructure plan for things like roads, bridges, the electrical grid, and broadband Internet. The other part of his two-part proposal is the $1.8 trillion American Families Plan, which includes the "human infrastructure" part of the package, focused on childcare, education and healthcare. While Biden lauded the "compromise" struck among Republicans and conservative Democrats in the Senate, House Speaker Pelosi promised she would not bring up the compromise proposal for a vote in the House until the other part of the package --- the American Families Plan and, presumably, whatever is being left out of the "compromise" bill --- is passed with a simple majority vote in the Senate under Budget Reconciliation rules which allow lawmakers to avoid the anti-democratic Senate filibuster rule. "Make sure you understand this," the Speaker vowed during her presser today, "there ain't gonna be no bipartisan bill unless we are going to have the Reconciliation bill."
  • Pelosi, who has seen her fair share of Republicans reneging on deals at the last minute, also announced that she intends to create a House Committee to investigate the deadly, Trump-incited attack on the U.S. Capitol on January 6th. That, after House Dems had struck a deal with Republicans earlier this year for a bi-partisan, evenly divided, independent Commission, only to see Republican leadership, after the deal was already struck, go on to vote against the bill in the House and kill it entirely with the filibuster in the Senate.
  • Speaking of the filibuster, which would need to be reformed if Democrats hope to pass their sweeping elections, voting rights and campaign finance reform bill known as the For the People Act through the Senate, three moderate Senate Democrats (Mark Kelley of Arizona, Michael Bennett of Colorado, and Catherine Cortez-Masto of NV) spoke to the need to do exactly that during a private conference call this week. The audio, obtained by the Colorado Newsline, reveals each moderate Dem discussing the need to reform the filibuster and suggesting that intra-caucus negotiations are well underway to try and figure out how to do exactly that.
  • In New York, an appeals court has accepted the recommendation of a state committee of attorneys to immediately suspend Rudy Giuliani's license to practice law, citing "uncontroverted evidence” that he “communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020." That conduct, the court agreed, "immediately threatens the public interest and warrants interim suspension from the practice of law." While the disgraced former U.S. Attorney and NYC Mayor will be allowed to argue against the suspension in an upcoming hearing, experts believe the action today, however, is likely to lead to permanent disbarment. "The seriousness of respondent's uncontroverted misconduct cannot be overstated," the court wrote [PDF]. "This country is being torn apart by continued attacks on the legitimacy of the 2020 election and of our current president, Joseph R. Biden." That, after Giuliani spent months on behalf of Trump, following the November election offering one false claim after another to one state legislative committee after another, pretending to cite evidence that the election was stolen from the disgraced former President.
  • Those unsubstantiated and false claims, at least in Michigan, were devastatingly rebutted and debunked on Wednesday, by a Republican state Senate committee on Wednesday. In their unsparing 35-page point-by-point report [PDF], the lawmakers absolutely eviscerate Giuliani's, Trump's, Sidney Powell's, Jovan Pulitizer's and all of the other GOP grifters and con-artist's evidence-free claims about "voter fraud" and theft by computer voting and tabulation systems. Every Republican on the state's Senate Oversight Committee signed on to the brutal report, compiled over the past eight months, and responding to each and every phony claim suggesting systematic fraud in the state. The Committee found no basis for any of the wild accusations and even calls for a legal investigation and potential prosecution by the state's Attorney General for "those who have been utilizing misleading and false information...to raise money or publicity for their own ends." Ouch.
  • Finally, Desi Doyen joins us for our latest Green News Report with, well, not much good news today. The worsening drought in the West is now threatening drinking water; The Siberian Arctic(!) is facing a record heatwave, with temperatures topping out above 110 (in the Arctic!); A new report finds climate change is making heat waves hotter; And a whole bunch of other news that I don't have the heart to share with you here...

Enjoy!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Coalition for Good Governance's Marilyn Marks on that and separate challenge to state's 100% unverifiable touchscreen voting...
By Brad Friedman on 6/21/2021 7:14pm PT  

On today's BradCast: With virtually every new voter suppression law adopted by Republicans at the state level since last November's election (there have been about 24 such laws adopted so far, in some 14 states), Democrats and voting rights advocates have been quickly filing lawsuits in opposition. One of those suits --- filed in federal court [PDF] against Georgia's SB202, the one in which I am named as a Plaintiff --- is to have its first major hearing next week. That, as Democrats in the U.S. Senate frantically scramble to get the last Democratic holdout (Joe Manchin) to come on board for federal legislation to counter at least some of the most restrictive elements of the tidal wave of new GOP anti-voting laws at the state level. [Audio link to full show is posted below.]

While the Jim Crow-style voter suppression of the new restrictions being adopted in Republican-controlled states of late have received a fair amount of attention, the provisions in those measures that would allow GOP state legislatures to take over elections --- and even overturn legitimate results --- have received less attention. Over the weekend, the New York Times highlighted, for example, how in "Georgia, members of at least 10 county election boards...At least five are people of color and most are Democrats" have been removed from their posts in recent weeks, "and they will most likely all be replaced by Republicans."

Georgia is not the only state where this is happening. Similar provisions, targeting election officials and even election results, have also been adopted or introduced in states like Kansas, Arkansas and the critical swing state of Florida. But in Georgia, they go even further to target and/or threaten the media itself for simply reporting on elections!

That's where I come in. I am the named plaintiff representing journalists in the Coalition for Good Governance (CGG) lawsuit challenging Georgia's SB202 in federal court. An emergency Motion for Preliminary Injunction [PDF] has now been filed in regard to the media-related aspects of CGG's complaint, in light of the state's impending local election runoffs scheduled for July 13th.

I'm joined once again today by longtime Election Integrity champion MARILYN MARKS, Executive Director of CGG, to discuss why the Press Freedom aspects of her group's broad challenge to the GA law --- far broader than some of the other challenges focused more on the voter suppression aspects only, as filed by the NAACP, the Democratic Party, and Stacey Abrams' Fair Fight, etc. --- have been bumped to a top priority with her filing of an expedited Motion for Preliminary Injunction.

Among the little-reported-on Press Freedoms at stake in SB202, the new law includes a Gag Rule which criminalizes the public, party-appointed monitors and the press’ reporting of absentee mail ballot processing or tabulation problems; A ban on the press Estimating (yes, estimating!) the number of absentee ballots that have been processed during an election tabulation or how many are still to be processed; SB202 even criminalizes photographing voted ballots or the 100% unverifiable touchscreen Ballot Marking Device (BMD) voting systems that voters are now forced to use at all Georgia polling places, despite the state's century-long history of routine press photography and videography of election activities inside of polling places on Election Day. (Yes, the photo used above for today's show logo, or even seeing those voters voting, can now result in felony charges in GA!)

All of these, as Marks and I discuss, are extraordinary restrictions on basic Press Freedoms, and our ability --- my ability in this case, as the named plaintiff, representing media --- to report what is going on during Georgia elections to the public. The law actually turns simply seeing one of the state's huge new touchscreen voting systems, while it's being used on Election Day, into a felony. That would apply not only to media inside a polling place, but also to poll workers, poll watchers and even voters simply waiting in line to vote.

"We are asking the court to address some of these issues before that runoff election [on July 13] happens. We are going to ask the judge to rule in favor of the press," says Marks, hoping that some other media outlets may even submit their own Amicus Briefs to the court in support of CGG's lawsuit. "Other members of the press are quite concerned about the fact that traditional photography, that they have been taking for decades, is not going to be permitted in the mail ballot processing locations," she tells me.

"It is mind-blowing," she continues. "I wouldn't be able to tell you [if I saw something wrong while serving as an observer]. All of a sudden, your reporting is going to be silenced. You would not even know that I had anything to tell you. You would just assume that, unlike in times past, that everything is going fine in Georgia."

Marks also breaks a bit of news by explaining that the Republican National Committee has now moved to intercede in this case to help defend GA Sec. of State Brad Raffensperger's position on the bill. Marks says Raffensperger "essentially insisted on these provisions. Although some of the media consider him to be some kind of a saint [because he declined to overturn the November 2020 election amid entreaties from Donald Trump to do so], this is his bill. His attorneys drafted it. He's the one that wants to crack down on any criticism coming from people like you and me, CNN, New York Times, or any other place."

"The RNC has asked to intervene in our case to protect the Secretary of State. However, interestingly, they have said they are not going to oppose us on the Observation Felony, the Gag Rule, the Estimating Ban, the Photography Ban --- so even the Republicans are not going to try to defend four of these five things that we're going after" in the Motion. A hearing is now set on that Motion for Thursday, July 1.

In addition to CGG's lawsuit challenging SB202, the group has another, separate, longstanding challenge to the state's use of 100% unverifiable touchscreen voting systems. That suit was successful in convincing the federal judge hearing it to ban GA's 20-year old Diebold touchscreen systems before last year's elections. Unfortunately, Raffensperger immediately replaced them with new touchscreen Ballot Marking Devices made by Dominion Voting Systems, which Marks describes as as bad or worse than the previous systems. That case has just now entered its discovery phase and Marks is confident that the same federal judge is quite concerned that the new systems are as insecure, unverifiable --- and, thus, as unconstitutional --- as the old ones she previously banned. A ruling in that case could affect the use of such machines in dozens of states and counties around the country, including states like Pennsylvania, North Carolina, South Carolina, Ohio, Texas and even here in Los Angeles County, where voters are now forced to vote on unverifiable touchscreen systems at polling places.

Lastly, Marks describes the exciting forum scheduled for tomorrow (Tuesday, June 22), co-sponsored by CGG and another one of our favorite non-partisan good-government watchdog groups, Free Speech for People (FSFP), on the dangers of Ballot Marking Device (BMDs) as used in Georgia and many of those other jurisdictions mentioned above. The forum, called "Today's Electronic Voting Machines: An Examination of the Use and Security of Ballot Marking Devices" is scheduled live and online from Noon to 5pm ET on Tuesday. It features a huge number of guests that have been featured over the years on 'The BradCast', including FSFP's Susan Greenhaulgh; Georgia Tech cybersecurity expert Rich DeMillo; notorious University of Michigan white-hat hacker, J. Alex Halderman; Research expert Kevin Skoglund; UC Berkley's Philip Stark, inventor of the post-election Risk Limiting Audit protocol; the legendary Finish cyberseucrity and voting systems expert Harri Hursti, and many others.

Much more info and the schedule is available here. You can RSVP to participate in the event right here.

Finally, Democrats are teeing up a test vote on Tuesday in the U.S. Senate for their sweeping election and campaign finance reform bill, the For the People Act, now that West Virginia Democrat Joe Manchin has suggested he may be willing to support a compromise version with the 49 other Senate Democrats who have all already signed on to the original bill as co-sponsors. White House Press Secretary Jen Psaki was asked today about President Biden's expectations for that bill and its test vote today, and on the need to reform the filibuster even if Manchin deigns to come aboard. If he does, he would also have to be willing to make changes to the filibuster rule that mandates 60 Senators support such measures, in order to see passage, since no Republicans are expected to support it. But he is not the only Democrat who has opposed long-overdue changes to the filibuster. Arizona's Kyrsten Sinema has also vowed to protect the anti-democratic, Jim Crow-era Senate rule. And now she is being targeted with a huge ad buy for that position, to ratchet up the pressure, by a group of progressives who are running spots in her home state on cable news, as well as during local news and sports programming.

Yes, the fight to save American democracy continues on today's BradCast...because it seems kind of important...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Windham, NH auditor, Prof. Philip B. Stark of UC Berkeley...
By Brad Friedman on 6/8/2021 7:04pm PT  

In support of his lie that the 2020 election was stolen from him, Donald Trump has been telling anyone who will listen that "thousands and thousands" of ballots have recently been discovered from the 2020 race, including in New Hampshire, where the state's Republican Governor certified his loss to Joe Biden by some 55,000 votes. But something troubling was discovered during a post-election hand-count last November in a small New Hampshire town, revealing that the state's decades-old Diebold optical-scan computer tabulators undercounted some Republican votes and overcounted some for a Democrat on the ballot. Thanks to a real (non-clown show) forensic audit in Windham, NH, which is finally wrapping up, we now know why, as explained in detail on today's BradCast. [Audio link to full show is posted at the end of this article.]

On November 3rd, there were four seats up for grabs for State Representative in Windham, NH. There were eight candidates --- four Republicans and four Democrats --- running for those four seats. The top four vote-getters in the contest would win the seats. On Election Night, according to the computer tabulation, the four Republican candidates swept all four slots. One of the Democrats, Kristi St. Laurent, came in 5th by just 24 votes in the small town where some 10,000 votes were cast. So she asked for and received a hand recount about a week later.

The hand-marked paper ballots cast in Windham were tabulated on Election Night, as they are across most of the Granite State, by decades-old optical-scan devices originally manufactured by the now-defunct Diebold Election Systems, Inc., and long programmed and serviced by a company with a shady background named LHS Associates. The intellectual property of the systems themselves is now owned by the private vendor Dominion Voting Systems, which acquired many of Diebold's assets some years ago.

St. Laurent's requested hand-count, about a week after Election Day last November, discovered that the four Republicans in the State Rep's race each should have received another 300 votes or so, while St. Laurent actually was found to have received about 100 fewer votes than she was credited with in the Election Night computer tally.

So, what happened? How could the numbers have been so wrong? The NH state legislature subsequently adopted a measure to allow for a post-election forensic audit to answer those questions. It was a real audit. A professional one. Very much unlike, in almost every way, the long-running "audit" theater clown show still running in Maricopa County (Phoenix), Arizona. This one was run as a fully open and completely transparent public exercise over about three weeks in May, as organized and run by three voting system, cyber-security and post-election auditing experts tapped by the state.

We're joined on today's show by one of those three experts, PHILIP B. STARK, Professor of Statistics and Associate Dean of Mathematical and Physical Sciences at the University of California, Berkeley. He is also the inventor of the post-election Risk-Limiting Audit (RLA) protocol, regarded as the gold standard for post-election audits.

While the auditors are still wrapping up a few items before issuing their final report, the weeks of fully transparent recounting of ballots and physical audits of the scanners has yielded what Stark --- and the other auditors, including the legendary Finnish cybersecurity expert Harri Hursti and Mark Lindeman of the non-partisan Verified Voting --- regard as the answer to the mystery of what actually happened.

Via painstaking and extraordinarily well-document public experiments, they determined that folds in absentee ballot papers that went right through the oval next to St. Laurent's name resulted in the scanners incorrectly recording those folds as votes in many instances. That means, that if a voter had voted for all four Republicans on the ballot and the fold went through St. Laurent's "target", the systems may have seen that as an overvote in the State Rep's race and, therefore, wouldn't count any of the votes in that contest. Similarly, if the voter hadn't voted for four candidates and the fold went through the Democrats' oval, she might have picked up a vote that she didn't actually deserve.

"We're confident that we've identified the primary contributors to the mistabulation of the votes in the State Representative contest in Windham," Stark told me. "They are, namely, ballots that were folded through vote targets in contests, including in particular, Kristi St. Laurent's vote target in the State Representative contest."

"That, by itself, is not the only thing going on, because in the experiments that we subsequently did with the folded ballots, we found that there was a great deal of variability across machines and their ability to correctly interpret folds through vote targets, folds through ovals," he explains, noting that another problem discovered was dust on the optical eye of some of the very old scanners. "Maintenance does matter, because just using compressed gas to blow the dust out of the reader on the machine that was performing worst made it perform substantially better."

As Stark details, through experimentation, folding ballots in varying ways and by various means, the auditors were able to replicate the problem. "We have a pretty good understanding of how the ballots came to be folded the way they were folded, which was generally not along the score lines that the printer puts on them to guide where they should be folded. If they'd been folded in the right place, this wouldn't have been an issue."

Stark also explains why human eyes --- as in the hand recount last November --- are generally much better than computers at actually determining voter intent, even in normal cases, because scanners are simply not programmed to read certain types of marks made by voters as actual votes.
v
We also discuss the critiques and even threats from some Trump supporters that the auditors have endured from Trump supporters throughout the official audit, despite the auditors extraordinary, landmark efforts at transparency and public oversight, including answering hundreds of questions both at the audit site and via Twitter throughout the process.

"The complaints seem to be largely based either on a misunderstanding --- whether deliberately or not --- on the things we have said and a lack of understanding of the [Diebold] AccuVote OS [systems]; a lack of how New Hampshire runs its elections or understanding of New Hampshire election law; also, people somehow thinking Twitter is a definitive source of information about the audit, rather than the live [audio and video] feed and the New Hampshire Dept. of Justice's website, where we've been posting all of the evidence as we've accumulated it," Stark responds. "There are some people who are definitely accusing us of fraud, lying, of being on George Soros' payroll, of trying to cover something up."

"There are definitely people who think that Mark, Harri and I were hired to cover something up. I don't know what it is we are supposed to be covering up. The idea that we are not motivated to not find malware, if malware is there, is kind of laughable. It would be a career-making thing for us. We'd like nothing more than to find malware if malware is there! But we're not going to pretend it's there if it isn't."

Of course, Hursti himself has already made his career previously by hacking these very same AccuVote systems, back in 2005, as seen in the climactic finale of HBO's Emmy-nominated 2006 documentary Hacking Democracy and its chilling 2020 follow-up, Kill Chain: The Cyber War on America's Elections.

"There was no evidence of malware...And the effect that we've observed is just completely consistent --- every test that I've thought of to throw at it, every thing that we've done --- it really looks like it's the folds. Now, people are saying maybe somebody 'weaponized' the folds and knew exactly how to fold the ballots to take away votes from the Republicans, which is kind of the Wayne's World test: It could happen...and monkeys could fly out of my butt."

Stark also answers questions about how this audit compares to the very very different one ongoing in Maricopa. "The way that they're doing their hand-count is guaranteed to produce an inaccurate count," he charges. "You really need multiplicity and redundancy. You need to reconcile things as they go along. And putting ballots on a Lazy Susan and having them spin around in a hurry is not a way to get an accurate count."

Moreover --- and, of course, this is the only thing the disgraced former President actually cares about --- Stark speaks to whether or not this problem could have possibly affected other races on the ballot, including the Presidential contest.

Also on today's show: A few more thoughts, for now, on Sen. Joe Manchin (D-WV)'s obstruction of safeguarding democracy in the U.S. Senate, and Desi Doyen with our latest Green News Report with a whole lot of very disturbing news for the climate, and a longtime, genteel British environmentalist who is no longer pulling his punches on what he describes as the "crime" of climate change...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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After WV's Dem Senator comes out against democracy and filibuster reforms, Democrats --- and democracy --- have a very real problem...
By Brad Friedman on 6/7/2021 5:56pm PT  

On today's BradCast, the bleak news about Democratic Senator Joe Manchin's willingness to participate in saving American democracy itself took its darkest turn to date over the weekend. [Audio link to full show is posted below summary.]

Republicans have absolutely no interest in cooperating with Democrats in the U.S. Senate on pretty much anything supported by Joe Biden or the Democrats, as Missouri's GOP Senator Roy Blunt (4th highest ranking Republican in the Senate) accidentally revealed on Meet the Press over the weekend. Few noticed, as they were distracted by Blunt's comments about Donald Trump's continuing lies about the 2020 election being stolen.

Nonetheless, President Biden is still going through the motions of negotiating with Republicans on his $2.25 trillion infrastructure proposal (now negotiated down to $1 trillion in Biden's most recent offer/sacrifice to the GOP), and West Virginia's Democratic Sen. Joe Manchin is still pretending that Republicans will somehow magically decide to cooperate with Democrats on anything in a bipartisan manner --- if only Democrats would just wish hard enough for it.

On Sunday, Manchin published an op-ed in the West Virginia Gazette-Mail, singing his own praises for overseeing election reforms with the addition of early voting in his state "in order to provide expanded options for those whose work or family schedule made it difficult for them to vote on Election Day," when he served as WV's Sec. of State. Nonetheless, in the same op-ed, he declared his opposition to mandating early voting for all 50 states by declaring his opposition to the For the People Act, despite all 49 of his Democratic colleagues in the Senate signing on as co-sponsors. That bill --- also known as H.R.1 and S.1 --- would mandate, in addition to early voting, no excuse absentee voting for all, an end to gerrymandering and place curbs on dark money in campaigns, along with a mountain of other long-overdue reforms to help counter many of the voter suppression laws now being moved by Republicans through dozens of states they control.

In the op-ed, Manchin argues correctly that "The right to vote is fundamental to our American democracy and protecting that right should not be about party or politics" and "should never be done in a partisan manner." He even decries "state laws that seek to needlessly restrict voting [and] politicians who ignore the need to secure our elections."

That, before he counterintuitively goes on to declare that he "will vote against the For the People Act" and "will not vote to weaken or eliminate the filibuster" needed for its passage by a simple majority. Doing so, he argues, "will destroy the already weakening binds of our democracy" and somehow violate our founders' "specific checks and balances to force compromise that serves to preserve our fragile democracy."

But the founders said nothing about an undemocratic filibuster process in the Constitution. That Senate rule added and amended many times over the years, now mandates 60 votes for passage of any legislation, allowing the minority party to obstruct the will of the majority, even when that majority is attempting to protect voting rights being restricted on a partisan basis at the state level by Republicans.

If Manchin is unwilling to support the For the People Act or reform the filibuster to allow passage of measures like it with a simple majority, the hope for saving democracy at the federal level appear dead in the water for now, along with much, if not all, of the Biden Agenda from here on out through at least the 2022 elections.

Manchin does, however, support the John Lewis Voting Rights Advancement Act to restore the central provisions of the Voting Rights Act of 1965, gutted by Republicans on the U.S. Supreme Court in 2013. He believes that bill can be passed on a bipartisan basis. His evidence? One single Republican --- Lisa Murkowski of Alaska --- has said she would be willing to support the measure. One Republican. That's great, Joe! Just 9 more such Republicans are needed to overcome the GOP's filibuster! We're not holding our breath. Manchin also told us he was confidence that 10 "patriots" from the Republican Party would come on board to support a commission to investigate the deadly January 6th attack on the U.S. Capitol --- and democracy itself that day. Only 6 Republicans did. So the measure failed, even with a majority vote of 54 to 35 in favor.

So what can be done about this maddening, depressing, distressing --- and somewhat terrifying --- turn of events between now and next year's mid-term elections, which will otherwise be run under severe new state-level, partisan GOP voting restrictions, many of which will now allow Republicans to overturn results entirely on a whim? To be honest, I'm pretty much out of ideas at the moment, so we open up the phone lines to listeners to see if they might have any idea about how to move forward and save democracy in light of Manchin's obstruction on today's maddening BradCast...

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Also: Very good U.S. COVID news; More bad news for Exxon (but good news for the planet); Bad news for Postmaster General DeJoy...
By Brad Friedman on 6/3/2021 5:44pm PT  

We're old enough on The BradCast to remember the days when the news got really slow during the summer months after Memorial Day. These are no longer those days. [Audio link to full show follows summary below.]

Among the many and various stories covered on today's program...

  • Thanks to the Biden Administration's COVID vaccine efforts, infection rates in the U.S. are now as low as they have been since March of 2020 --- the very beginning of the pandemic --- and are still dropping. Death rates have plummeted as well. Infection and death rates elsewhere in the world, however, are still soaring. So, even while upping their efforts to get folks vaccinated in the U.S. in June, the Biden Administration is finally taking action to help the rest of the world as well, vowing to distribute 80 million doses to nations in need --- near and far --- over the next month.
  • On our Green News Report earlier this week, we reported on Big Oil's very bad day last week, which is now being referred to as "Black Wednesday" for the fossil fuel industry. It was the day that Shell, Chevron and Exxon each got very bad news in either the courtroom or the boardroom. While the news was bad for them, it was great for the planet and those of us concerned about global warming amidst our worsening climate emergency. For Exxon, the bad news was that two "activist" candidates for its Board of Directors were elected by shareholders to push the company toward a more sustainable business model. Two other climate advocate candidates, also backed by large, forward thinking hedge funds, were also on the ballot last week. But their contests, we were told, were too close to call. As of last night, Exxon announced a third activist candidate was indeed also elected to the company's 12-member board.
  • Bad news for Donald Trump's Postmaster General Louis DeJoy (who, unfortunately, is still somehow in charge of the U.S. Postal Service, despite his best efforts to dismantle it.) The FBI is now said to be investigating DeJoy for unlawful campaign fund raising for Trump and the GOP, after a report last year by the Washington Post revealed he had allegedly pressured employees at his company (before being appointed Postmaster) to give contributions to Republicans for which he would later paid them back. "Straw-donor" campaign finance schemes like that are unlawful. But while DeJoy has previously denied violating any campaign finance laws, his defense, since reportedly being subpoenaed recently by the FBI, has changed in a noteworthy way, which we explain.
  • That, of course, was just a preamble today for our coverage of the ongoing Texas Republican attempt to pass a massive new voter suppression law, known as Senate Bill 7 (or SB7). Yes, that's the measure that was blocked over the weekend, at least temporarily, when Democratic state lawmakers walked out at the end of the year's legislative session over the weekend, denying Republicans a quorum in the House and final passage of the bill for this session along with it. Nonetheless, Gov. Greg Abbot has vowed to call an "emergency" special session to get it passed in the near future.

    In the meantime, the GOP claims that the new law is needed to combat "voter fraud" in the state, even after their own Secretary of State in March declared the 2020 election to have been "smooth and secure". That, after the state's Lt. Governor Daniel Patrick offered a $1,000,000 reward for evidence of voter fraud (still no takers, apparently), and the state's Attorney General Ken Paxton (indicted on multiple felony counts of securities fraud, but still somehow in office), logged 22,000 staff hours to sniff out voter fraud, coming up with barely a handful of cases out of more than 11 million ballots cast in 2020.

    The TX GOP's "voter fraud" claims are --- as they always have been --- built on a house of blatant lies. We walk you through the real facts about their phony "voter fraud" claims today and explain why they're really hoping to get this bill passed, above and beyond hoping to disenfranchise voters of color. Also, we offer a big hat-tip to CNN's Brianna Keilar who shut down some serious bullshit lies this week by her guest, Republican state Sen. Bryan Hughes, the bill's lying lead sponsor.

  • Finally, Desi Doyen joins us for our latest, very busy, Green News Report, including news of a major ecological disaster in Sri Lanka; bad news about global warming and heat deaths; bad news regarding water in the U.S. Southwest; tragic news about the REAL death toll from Texas' winter storm and completely avoidable power blackouts; but good news for Alaska (and the nation), as the Biden Administration is now blocking the Trump-era scheme to lease oil and gas wells in the pristine Arctic National Wildlife Preserve...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Political scientist David Faris; Also: FEC fines AMI for 2016 Trump hush-money conspiracy; Dem wins NM U.S. House special in 'landslide'...
By Brad Friedman on 6/2/2021 5:55pm PT  

We continue to do all that we can on The BradCast to sound the alarm about the perilous state of democracy in the U.S. right now, as Republicans around the country work to pass laws to make it harder for Democrats to vote and to allow Republicans to outright reverse election results if Plan A doesn't work. [Audio link to full show is posted below this summary.]

The heroic Democratic Texas state law makers who walked out of the state's House of Representatives at the end of the legislative session over the weekend to prevent a quorum from passing a sweeping new GOP voter suppression bill, as detailed on yesterday's show, are begging lawmakers in Congress for a "national response" to protect voting rights. They can only hold off the suppression for so long in the Lone Star State, as other GOP-controlled states do the same, as Democrats in Congress are crippled by archaic institutional processes like the filibuster.

The situation has become dangerous enough that 100 academic democracy scholars on Tuesday issued a "Statement of Concern" about Republican "initiatives" around the country which the group describe as "transforming...states into political systems that no longer meet the minimum conditions for free and fair elections," leaving "our entire democracy...now at risk." One of those scholars joins us today to discuss those concerns, what can be done about them, and whether or not the American public and Democrats in Congress truly appreciate the dire state that the usually staid academics are now trying to sounds their own alarm about.

But, first, in some other democracy-related news today, the Federal Elections Commission announced they are fining American Media Inc., parent company of the National Enquirer, $187,500 for its role in the hush-money payments made to Playboy model Karen McDougal before the 2016 election. The payments, like those made to adult film actress Stormy Daniels, were meant to keep the women quiet about sexual affairs each say they had with Donald Trump.

The FEC fine is for the unlawful, unreported "in-kind contribution" to Trump's campaign, meant to "suppress" McDougal's story and "prevent" it from influencing the election, according to the settlement between the FEC and AMI. So, AMI has now been fined and Trump's personal lawyer, Michael Cohen, was sentenced to prison for his part in what both he and the Dept. of Justice described as a "conspiracy" that was "directed" by Trump. So far, however, the disgraced former President who orchestrated the entire scheme has yet to be held accountable for it. The DoJ has until August to do so, before the statute of limitations on Trump's crime runs out.

In other less-criminal democracy news today, New Mexico's Democratic state Rep. Melanie Stansbury won a special election for the U.S. House on Tuesday in a "landslide victory" against her oil and gas industry supporting Republican opponent. The election was to fill the seat vacated by Rep. Deb Haaland, Joe Biden's new Interior Department chief. Republicans were hoping that the margin, even if they lost in a very Democratic-leaning jurisdiction, would be an encouraging bellwether in advance of the 2022 mid-terms. It didn't work out that way. While Biden won NM's 1st Congressional District in 2020 by 23 points and Haaland won her seat that same year by 16 points, Stansbury reportedly trounced Republican Mark Moores on Tuesday by nearly 25 points! If the race was a bellwether, it will be seen as very good one indeed for Democrats today.

Then we're joined by author, columnist and Roosevelt University political scientist DAVID FARIS, a longtime friend of the show and one of the scholars who signed on to that previously mentioned "Statement of Concern" about American democracy, in which the group pleads for action at the federal level to save democracy, including passage of election reform and safeguards such as the John Lewis Voting Rights Advancement Act and the For the People Act.

Our conversation with Faris comes the day after President Biden, in Tulsa on Tuesday, called for "a month of action on Capitol Hill", calling out (if not by name), "two Senators" who are blocking critical election and campaign finance reform by refusing to reform the filibuster to allow passage of the sweeping Democratic bills that the scholars, the Texas lawmakers, and many others across the nation are begging for in advance of 2022. Those two Senators, of course, are West Virginia's Joe Manchin and Arizona's Kyrsten Sinema, Democrats who are still refusing to reform the filibuster to allow passage of the election protection bills.

"My fear is that Democrats are going to lose the House and the Senate next year," Faris tells me, "which in and of itself is not the end of the world. But there's another catastrophe galloping towards us, which is this Republican plot to steal the 2024 election, with a newer, better, more invigorated version of Trump's sloppy plot to do it in 2020. The worst-case scenario here is Democrats lose Congress next year, they lose a bunch of critical governorships in the battleground states, and Secretary of State races [and] we have a very similar result in 2024 --- that is, close outcomes in the tipping point states in the Electoral College. And then Republican legislatures and Governors in Michigan, Wisconsin, Pennsylvania, Arizona, Georgia, who knows where else, simply send Republican electors to Congress instead of whoever was chosen by the voters themselves."

That, he explains, is what Republicans in those states are currently angling for, including with the passage of state laws to make all of it easier. If GOP state lawmakers are elected with a minority of votes thanks to gerrymandering (which would be prevented by the For the People Act), who then select slates of Presidential Electors that a minority of voters voted for, and federal laws to prevent that are blocked by a House and Senate with GOP legislators also elected by a minority of voters to install a President who received a minority of the vote, under laws approved by a U.S. Supreme Court with a GOP majority stolen and packed by both a Senate and President who received a minority of votes, it would be "a world-historical catastrophe for American democracy." Nonetheless, Faris and the others now very much see that as a possibility.

"We've graduated from routine Republican voter suppression and election interference, sort of low-level election theft, to what I think of as a more integrated plot to install their preferred candidate in 2024." It's something that Faris --- and his fellow scholars --- are now "increasingly worried about."

"I do think there is a sense among a majority of the Democratic caucuses in both chambers of Congress that reforms are important," he concedes. "I think that that they know that Republicans are up to no good. What I don't think they understand is that it is an existential problem at this point --- that we may have only one or two elections left before Republicans do so much damage to the institutions of democracy, or they do something so outrageous that it could lead to some kind of violent, or maybe non-violent, crackup of the country, which is what I'm most concerned about."

What, if anything can be done about it? Do Manchin and Sinema really care? Are Joe Biden and the Democrats doing all that they can to change what now appears to be a grim outlook for the chances of real reform? And, if that reform miraculously somehow happens, will it be enough to actually prevent the worst-case scenarios that Faris and his scholarly colleagues are now so alarmed about?

We discuss all of that and more on today's...as usual...somewhat alarming BradCast...

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Also: Powell and Flynn call for coup in U.S.; Big Oil's very (very) bad day...
By Brad Friedman on 6/1/2021 5:26pm PT  

Desi and I are back on today's BradCast, after a week of non-stop jackhammers outside of our studio. The construction is still ongoing, but the jackhammers, we are told, are mostly done. So, we're trying to work around the noise as best as possible this week. (Though if a rerun unexpectedly shows up, that will be why!) And, happily, we're back just in time to report on the fights both for and against democracy in the great state of Texas over this past Memorial Day weekend. [Audio link to show is posted below summary.]

To that end, the loudest noises heard across the nation over the weekend, weren't jackhammers, but the march of Democrats, fighting to save democracy in Texas by walking out of the state House of Representatives on Sunday night, leaving behind no quorum to pass the GOP's major anti-voting bill. In a state dominated by Republicans --- in the Governor's mansion and both chambers of the state legislature --- Democrats were successfully able to kill one of the most onerous pieces of voter suppression legislation introduced by any state following the 2020 elections, by running out the clock. At least for now.

In Texas last November, things went very well, with the Secretary of State's office declaring the 2020 elections had been both "smooth and secure". Donald Trump easily won the state by about 630,000 votes, and Republicans held on to their majorities in both houses of the state legislature.

Unfortunately for the GOP, however, voter turnout --- in one of the lowest turnout states in the nation --- actually increased last November, including in Democratic-leaning jurisdictions like Harris County (Houston). Well, Republicans can't have that! They see the writing on the wall! More people voting, means more Democrats winning and more Republicans losing. So, over the weekend, at the very end of this year's legislative session, Republicans in state House and Senate, deliberating in secret, produced a whopper of a voter suppression bill that would make it much more difficult to vote by mail (which is already extraordinarily restricted in the Lone Star State); shorten weekend voting hours, including those used by Souls to the Polls efforts by black churches; make it a jail felony for election officials to send absentee ballot request forms to voters; outlaw drive-thru and 24-hour voting sites (used by some 140,000 last year to vote in Houston, where turnout increased by 10%); outlaw driving more than two non-family members to the polls without permission from the government; and deeply lower the threshold for overturning an election based on fraudulent ballots, even if the ballots in question were not cast for the winner of the initial vote count. All of that, among other new restrictons to make it more difficult to vote in a state that a recent study found was already the most difficult state to vote in.

But, after the wee-hours party-line passage of the 67-page bill, made public just before the final vote in the Senate late on Saturday night of the holiday weekend, the plan for final passage in the House went awry, thanks to a Democratic walk-out that left the chamber without the required two-thirds of its members needed for a quorum to hold a vote. As it happened on the last day for passage in the legislative session, the measure, Senate Bill 7 (obnoxously named the "Election Integrity Protection Act"), died a welcome death --- "welcome" at least to supporters of voting rights and democracy. Governor Greg Abbott (decidedly not such a supporter) was furious, and has threatened to withhold pay to legislators after the bill was killed. He has also declared the measure to be a "must pass" bill in a special emergency session he has vowed to call...at some point in near future.

The heroic Texas Democratic legislators who fought to keep democracy alive for another day in the Lone Star state by using the "last tool in [their] toolbox" to block the measure, subsequently pleaded with Congressional legislators in D.C. to pass the For the People Act and John Lewis Voting Rights Act at the federal level, to help stave off the worst elements of the Texas bills, and others like it, which have already passed by some 14 states, with more on the way.

Those federal measures to protect democracy, rather than undermine it, are unfortunately being blocked first by Republicans in the U.S. Senate, and secondly by West Virginia's Democratic Senator Joe Manchin, the only Dem of 50 in the upper chamber to not yet sign on as co-sponsor of the For the People Act --- a sweeping bill to reform and protect elections and campaigns in all 50 states. That, as both Manchin and Arizona's Sen. Kyrsten Sinema have been unwilling to reform the Senate filibuster in order to pass the critical election safeguards with a simple majority before 2022. Without filibusterer reform, Dems would somehow need to get 10 Senate Republicans on board to overcome a filibuster, an impossibility.

We explain all of this today in a fairly monster rant.

Next, in case it's still unclear what supporters of democracy are now being forced to contend with in these United States, we have a quick review of the weekend's three-day QAnon conspiracy conference in Dallas. Called "For God and Country: Patriot Roundup", the forum included an appearance by Trump attorney Sidney Powell, who called for the failed former President to be "reinstated" with a "new inauguration date" set, due to "abject fraud" and "obtaining a coup of the United States of America" last year. Of course, there is zero evidence of such fraud, despite her many failed lawsuits which falsely argued otherwise before being largely laughed out of court. As to a "coup", well, another featured guest at the Roundup called for exactly that. Literally.

When Trump's former National Security Advisor, Lt. General Michael Flynn (pardoned by Trump after he pleaded guilty to several criminal federal felonies last year), was asked by an audience member why we shouldn't have a military coup like the one under way in Myanmar. Flynn responded: "No reason," in stunning remarks captured on video tape. "I mean, it should happen here," he told the crowd. But, by Monday, after calls for Flynn to be held accountable for calling for the seditious overthrow of the United States, Flynn offered one hell of a walk back, claiming he didn't say at all what he very clearly said...as captured on video tape.

Finally, amidst the darkness of American democracy under assault as we've not seen since the Civil War itself, some good news. Ironically enough, it comes via our latest Green News Report, wherein Desi Doyen gets us caught up on a remarkably bad day for Big Oil last week, when the planet's three largest fossil fuel companies, Exxon, Chevron and Shell, all took big hits in either the boardroom or the courtroom. All of which is very helpful news indeed for our odds of mitigating the deadly climate emergency that all three companies spent so many years exacerbating and lying about. So, along with cheering on the heroic Dems in Texas, there's a bit more to be happy about as we walk out of today's BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Election integrity advocate Jennifer Cohn with callers ringing in...
By Brad Friedman on 5/24/2021 7:15pm PT  

On today's BradCast, (riddled with a few tech probs at the station, so apologies for any incoherence on my part!) we bring you up to date on some of the latest developments in the insane, dangerously non-transparent "audit" theater in Maricopa County (Phoenix), Arizona being carried out by the Trump-supporting Cyber Ninjas company. [Audio link to full show is posted below summary.

[ALSO: See important "SHOW NOTE" at end of this summary!]

Notably, a story we broke some weeks ago, after the Ninjas were forced by a state judge to publicly release what suffices as their procedural documents [PDF] for the "audit" (they had claimed their procedures for counting public ballots from the 2020 election were "trade secrets") was confirmed, at least in part, by an excellent article at Slate this weekend by Jeremy Stahl. In short, we had explained weeks ago how the Ninjas poorly documented procedures (see p. 178 in the PDF linked above) allows them to change a MINIMUM of 42,000 votes in their so-called "audit", without setting off any internal or external alarm bells. Stahl's lengthy, well-reported story on the Maricopa mess, headlined "What if the renegade Arizona audit declares Trump won?" details, among many other things, the same point, that the Cyber Ninjas' own procedures allow them to change far more votes than would be needed to falsely declare Trump actually won the state. Any such mistally is considered an acceptable rate of error in their own documented procedures --- even though Joe Biden was certified to have won the state by just over 10,000 votes.

Moreover, if and when they do declare that AZ was somehow stolen from Trump, there is little that can be done to dispute such a claim, since the secure chain of custody for the 2.1 million actual ballots cast in Maricopa last year has now been irrevocably broken. Only yet another hand-count could prove or disprove such a claim by the Ninjas, since --- unlike real audits --- they have not allowed the public to track or oversee their daily tallies. But, after the private, Florida-based company took custody of the County's ballots weeks ago, they could have added, removed or changed ballots at any time since.

All of that, meanwhile, as a real audit continues in Windham, NH, being run transparently by actual voting system, cybersecurity and post-election audit professionals who are allowing full public oversight. And as a judge in Georgia just granted permission for yet another post-election audit of copies of the 2020 ballots cast in Fulton County (Atlanta), Georgia's Presidential race last year.

Of course, all of these questions about the results of last year's elections --- whether offered in good or bad faith --- might have been avoided years ago had Democrats insisted on fully overseeable public elections, instead of allowing private voting machine companies to, by and large, take over America's election with computers that tally votes, essentially, in secret. We have been warning about this nightmare for years, and now it is coming home to roost.

As our guest today, San Francisco-based attorney, election integrity advocate and Twitter rockstar JENNIFER COHN pointed out in a recent smart Twitter thread, Republicans spent years blocking Democratic legislation, the SAFE Act, which would have at least mandated post-election audits for federal races in every state. Now, Republicans are claiming they are needed all over the country. But, oddly enough --- for reasons that Cohn has been unable to determine so far --- Dems have failed to reintroduce the SAFE Act in this session of Congress.

She speculates today that the legislation may now be seen by Democrats as feeding into the GOP's evidence-free claims of fraud in the 2020 election, not unlike how Dem fears of being labeled as "conspiracy theorists" over the years prevented them from challenging and demanding hand-counts after what her thread describes as "fifteen years of poll-defying victories" for Republicans.

"I don't want to imply that I think they are equally to blame," Cohn tells me. "But I do think that it's a failure of leadership. Because leadership isn't about just reacting always to what the other party does. It's about standing for something." She goes on to correctly note that Democrats "had an opportunity after 2016 to really be the champions of election security, and to even incorporate that into their campaign platforms, and they didn't do it." Doing so, "behind the scenes does not win the court of public opinion" and now that has "allowed Trump to hijack that narrative."

"It should have been the Democrats to take that to the people, to take that to the court of public opinion. Had they done that, Trump would not be in a position to play the victim. Had the public known about the SAFE Act, and that Republicans blocked it, they would not be in the position they were to pretend to be victims" today.

Cohn is a longtime, dyed-in-the-wool Dem. So she does not level such accusations lightly. We discuss those concerns and many other points regarding the various audits --- and several splits in the Election Integrity community about them --- before opening up the phone to listeners with thoughts and questions for her and/or me on all of the above today.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

SHOW NOTE!: We've just learned from my landlord that major construction --- tearing up a walkway to install a new security gate --- will begin on Tuesday and last anywhere from 7 to 14 days! That means jack-hammers outside of our studio will make it impossible for Desi and I to do shows for the rest of the week and maybe even next week. Our beloved guest host Nicole Sandler has agreed to fill in for us for the rest of the week...and then we'll see where we are after next Monday's holiday. It could be a week of re-runs, but I hope not! Just letting you know why we are forced to suddenly and unexpectedly disappear for at least the rest of the week! My apologies. Though, as usual, Nicole will do a swell job of covering for us in our unexpected absence! Thanks for your understanding! --- BF

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Also: OH's million dollar COVID vaccine lottery is working; Millions of parents will soon get monthly checks from Dems' American Rescue Plan...
By Brad Friedman on 5/18/2021 7:08pm PT  

There is nothing wrong with citizens --- no matter how partisan or misinformed --- demanding to know for themselves that election results have been accurately recorded and reported. That's true even in cases where they have been blatantly lied to by, say, a disgraced, failed President of the United States. But post-election audits must be done in full public view from top to bottom, with all processes and evidence from the election kept within a transparent, well-documented, secure chain-of-custody at every step. Two ongoing post-election audits from the 2020 election are currently underway. One offers an example of exactly how not to do such a probe, the other one is shaping up to be a model for the nation.

Among the stories covered on today's BradCast [Audio link to show follows this summary]...

  • Ohio Gov. Mike DeWine's scheme to hold a $1 million lottery each week for the next five weeks for any Buckeye Stater 18 and over who has received at least one COVID vaccine shot, appears to be working. While we've got a few suggestions on how it could have been done more effectively, at least it appears to have slowed and even reversed (for some ages) the state's recent drop-off in the number of folks getting their shots. As it turns out, Ohioans seem to like DeWine's plan to offer federal government-sponsored cash prizes (yes, socialism!) courtesy of the America Rescue Plan in exchange for receiving life-saving inoculation from a deadly disease. More states should consider the same and the federal government oughta just pay people to get their shots! We suspect a crisp $100 bill in exchange for a shot in the arm would do the trick. (By the way, Ohioans need to opt-in for the lottery, at OhioVaxAMillion.com, to be eligible for the prizes!)
  • Another direct benefit for Americans from the American Rescue Plan (Biden's emergency pandemic relief and stimulus bill adopted by Democrats while being VOTED DOWN BY EVERY SINGLE REPUBLICAN IN CONGRESS), is the expanded child tax credits which will, beginning in July, send monthly checks of $300 per child under 6, and $250 for kids between 6 and 17, to parents making less than $150,000 over the next year. If Americans liked the Democrats' $1,400 individual payments from the ARP, they may love its expanded child tax credits which start this summer. Experts say the payments are likely to help cut child poverty in half this year. Hopefully, Dems will remember to loudly remind Americans of all parties which party it was that made those payments possible, and which party attempted to prevent them. Democrats are not usually very good at that. And hopefully they'll be able to extend those payments through at least 2025 as Biden has proposed in his American Families Plan --- which Republicans also oppose.
  • Then it's back to the clown show "audit" theater in Maricopa County, Arizona, where the county's 2.1 million public ballots from the 2020 Presidential and Senatorial elections last year are being inspected, in secret, by a private company with no experience in elections, voting systems or audits named Cyber Ninjas. Now, it seems, the Ninjas and a number of their allegedly false claims made about the materials turned over to them by the County (as ordered by a state court in response to the Republican-controlled state Senate's mandate) were the final straw for the majority GOP Maricopa County Board of Supervisors and its new Republican County Recorder.

    On Monday, the 5-person Board (4 Rs, 1 D), denounced the audit as a "sham" and a "con," lamenting the "spectacle" that they say "is harming all of us" and turning Arizona into "a laughingstock". The new Republican County Recorder, Steven Richer, now in charge of elections in one of the nation's largest counties, blasted the Ninjas for what he describes as blatantly false claims that election databases were unlawfully deleted and for ensuring attacks on his new staff. The Board also sent a blistering 13-page letter [PDF] to the state Senate's President detailing their anger, frustration and embarrassment, calling for the audit to be ended, while responding to charges they claim to be lies coming out of process. The Maricopa "audit" is now in it's third week in Phoenix, but reportedly nowhere near complete.

  • Meanwhile, by way of a critical contrast, another post-election forensic audit is underway in Windham, New Hampshire, led by actual experts in post-election audits and voting systems. Unlike the evidence-free claims of fraud in AZ, there is reason to be alarmed by the results of a state House of Representatives race in the town of 14,000 people. There, on election night last November, in an 8-person race (4 Ds and 4 Rs) for 4 seats in the state House, all four Republican candidates won. According to the computer tabulations, they were the four top vote-getters for those seats, with the Democratic candidate, Kristi St. Laurent, coming in 5th by just 24 votes.

    Last November, after she requested a hand-count of the town's hand-marked paper ballots --- previously tallied only by 20-year old, easily manipulated, oft-failed Diebold optical scanners --- it was discovered that the 4 Republicans actually received about 300 more votes each than the tabulators had reported on Election Night. And St. Laurent, the hand-tally found, actually received 99 fewer votes than initially credited with. So what explains the discrepancy between the computer count and the hand count? That's what the auditors began to investigate last week in one of the most open, professional, well-documented and transparent such processes I've ever seen in my nearly twenty years on this beat.

    This week, the auditors explained --- via the live streaming audio and video coming out of the audit room, their own Twitter feed, as well as in interviews with local media --- their leading working theory that could explain the numbers seen one way (incorrectly) by the computer scanners and another way (correctly) by the hand-counters last November. Their working theory, if it bears out, would explain the disparity between the two separate tallies last November. We explain that theory today. And, no, unlike our disgraced former President's recent false claims about both Arizona and New Hampshire, the reasonable hypothesis does not involve "massive election fraud" with "thousands and thousands" of newly "found" ballots. It involves the scanners misreading folds on mail-in ballots as votes.

    But, of course, most critically, the side-by-side comparison of the clown show "audit" theater in Maricopa, which the public (and even local officials) are not allowed to fully oversee, versus the methodical, transparent, public process being carried out in Windham, should be an illustrative model for all future such probes. In the case of Windham, we are likely to have an answer to the mystery that everyone can agree with when all is said and done in the next few weeks. In Maricopa, I think its safe to say, little is expected to be settled one way or another after this ill-considered exercise is finally finished...if it ever is.

  • Finally today, Desi Doyen joins us for our latest Green News Report, as calls grow for increased cybersecurity for the nation's energy infrastructure in the wake of last week's Colonial Pipeline ransomware attack; another pipeline company defies a shutdown order from a state Governor; and the EPA finally shuts down --- at least for now --- a disastrous, toxic mess of an oil refinery in the U.S. Virgin Islands...among other American disaster tales hastening our worsening climate crisis...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: SCOTUS takes up abortion; Gaetz in trouble; Israel bombs AP's building in Gaza...
By Brad Friedman on 5/17/2021 6:54pm PT  

As AP reports today, a new lawsuit "against [Georgia's] secretary of state and the members of the State Election Board was filed in federal court in Atlanta by county election board members, individual voters, election volunteers, nonprofit organizations and a journalist." As broken on today's BradCast, that journalist is me. [Audio link to full show is posted below this summary.]

I am one of the several named plaintiffs in the 200-page suit [PDF] filed in U.S. District Court on Monday seeking to block a number of outrageous and dangerous provisions in the state GOP's new voter-suppression bill. While the measure, SB202 [PDF], adopted by GA Republicans, does a lot of terrible stuff, some of which is well known by now (making it harder to vote by mail, banning absentee drop boxes, blocking the distribution of food or water on long voting lines), much of which will disproportionately suppress minority voters, there are a number of other provisions which are simply jaw-dropping, but have not yet been challenged in the several suits previously filed against the law by a number of civil rights and voting rights groups.

My part in the suit, filed today by the non-partisan, non-profit, indispensable Coalition for Good Governance, revolves around press freedoms which are outrageously and unconstitutionally trampled by SB202. In fact, as discussed on the show today with the Coalition's Executive Director, MARILYN MARKS, no small amount of the detailed reporting we have done here over the years focused on Georgia has now been criminalized by the new statute!

As detailed in the complaint (see the section on "Plaintiff FRIEDMAN" beginning on p. 101), it is now unlawful to report on "mail balloting discrepancies or security concerns that he or The BRAD BLOG or BradCast journalists may personally observe as members of the press"; "Plaintiff FRIEDMAN will be injured because the party appointed observers he has relied on to supply first-hand accounts...are are prohibited under penalty of misdemeanor from reporting their observations" on Georgia elections to me; As Marks explains, photographs that I or others may have taken in a polling place and used on the blog would be illegal; Observers from the media watching the tallying of absentee ballots will be committing a crime just by reporting on how many ballots they are "estimating" or "attempting to estimate" have been counted or are left to be tallied, according to the language of the hastily written SB2020 ("It's a thought crime!," Marks charges. "Literally, it says you cannot 'estimate' or 'attempt to estimate' anything about votes in the ballot processing room for mail ballots!"); Video interviews or photographs taken inside of counting rooms or in polling places in front Georgia's giant, new, unverifiable touchscreen voting systems could be evidence of a felony(!) under the new law, which poll workers, poll watchers, media observers and even voters could now be charged with under state law!

"On BRAD BLOG," Marks observes, "you frequently post a picture, many a picture of election activity, including people in the mail ballot rooms looking at hand-marked voted ballots. To take a picture of a ballot now is a misdemeanor." Yes, those posted photos would now be evidence of a crime. "You would not be permitted to take a picture of anonymous ballots. We see thousands of pictures, every election, of voted ballots being counted. But for some reason --- I guess we know what reason --- they are criminalizing it."

Yes, the photo used above, as taken from the complaint's numerous examples, of voters voting at Atlanta's State Farm Arena last year in Fulton County, could be used as evidence of a felony by the Reuters photo-journalist, Chris Aluka Berry, who took it.

As the suit notes, "Plaintiff FRIEDMAN is already injured by SB202 because the criminalization of constitutionally protected activity has a chilling effect on his exercise of First Amendment rights" and because "Plaintiff FRIEDMAN is threatened with injuries arising from SB202’s prior restraints on his First Amendment right of free speech and right of freedom of the press."

We have "reported on Georgia election integrity and election security hundreds of times over the last almost twenty years," the lawsuit accurately explains. Much of that coverage could now constitute a state crime under this horrible, unconstitutional law. "I have a feeling they will find any little tripwire they can about the two of us," Marks tells me. "If you were complimentary toward Georgia, I don't think you'd have any problems."

This BradCast, for example, from June of last year, featuring a Democratic Party post-election adjudication observer (and now co-plaintiff in this suit) Jeanne DuFort --- breaking the news of her discovery that GA's new Dominion tabulation computers were failing to count votes on tens of thousands of ballots --- would have been a crime in several ways, according to the state's new law.

There are other provisions in SB202 of concern as well --- beyond those being challenged in several of the voting rights lawsuits --- as Marks explains in the Coalition's press release today, from the law's "Takeover Provision" that permits bi-partisan County Elections Boards to be removed entirely and replaced by a single partisan, for virtually any reason (even minor infractions by a low-level worker up to four years ago!) to a few items we didn't have time cover on today's show, like the impossible new deadlines for requesting absentee ballots (in cases before a run-off election, the deadline to request such a ballot for it will now end before the original election is even certified to include a run-off!) and more.

As AP highlights in its report today, the suit argues: "Liberty requires at least three essential things — an unfettered right to vote, freedom of speech, and the meaningful separation of powers. This lawsuit is necessary to preserve individual constitutional rights, and constitutional government, against the attacks that SB202 makes on these three pillars of liberty."

Marks elucidates today on "Those three pillars of liberty: the right to vote, the right to free speech, and the right to separation of powers. What's happening here is the first one that they are violating is that separation of powers. That is a key one. Once they grab all of the powers, they close the doors. Yeah, they still have to deal with the pesky press and pesky watchers, but not anymore --- not if they criminalize your reports."

So, yeah. Even as its strange to become a part of a story I've been covering for so long, I am very proud to be a plaintiff in this lawsuit against SB202, which Georgia's Republican Governor and Sec. of State falsely claim "makes it easier to vote and harder to cheat". In truth, Marks told me off air after the show, the opposite is true. "It makes it harder to vote and easier to cheat," she said.

Also today, the GOP's packed and stolen U.S. Supreme Court announced it's taking up Mississippi's restriction on abortion rights that was blocked by a lower court. This is not good news for freedom lovers and those who oppose Big Government coming between a woman and her doctor; A former elected Florida official who is a buddy of Rep. Matt Gaetz has agreed to a federal plea deal that requires he tells federal prosecutors all that he knows about Gaetz' alleged sex trafficking of a minor; And in Gaza City over the weekend, Israel outrageously targeted and destroyed a 12-story high-rise building housing AP's office for the past 15 years. It's top floor cameras have been the eyes for the world, witnessing, as the news agency reported this weekend, "24-hour live shots as militants’ rockets arched toward Israel and Israeli airstrikes hammered the city and its surrounding area this week."

Those cameras will no longer be there to bear witness to the world. As AP's President noted in a statement describing the attack as "shocking and horrifying" on Saturday, "The world will know less about what is happening in Gaza because of what happened today."

And, in Georgia, if SB202 is allowed to stay in place, the world will know less about what is happening in the Peach State's elections because of it. As in Gaza, I suspect that is the point...

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Guest: Cybersecurity journalist Kim Zetter; Also: Judge nixes NRA's 'bad faith' bankruptcy; New AZ law will purge voters from mail-in ballot list...
By Brad Friedman on 5/11/2021 6:24pm PT  

Today on The BradCast, we slide down the slippery, oil-soaked slope of increasingly dangerous ransomware attacks with, as our guest warns today, "nothing" to stop one from taking out an election in the not-too-distant future.

But, first up, some better news out of a federal courtroom in Texas this afternoon, where a judge has nixed the National Rifle Association's attempt to escape accountability for massive corruption and self-dealing in New York, where state Attorney General Letitia James is suing the 150-year old "charitable" group to dissolve it. The NRA had filed for bankruptcy protection in order to duck NY's lawsuit and re-charter itself in the Lone Star State, where apparently they welcome corrupt "charitable" organizations. As we discussed on the show last week, with NRA expert and author Igor Volsky, the group's leader Wayne LaPierre, remarkably, filed for Chapter 11 protection without the knowledge of its Board of Directors or General Counsel. The judge described that as "shocking" and found that the NRA was unlawfully hoping to use the bankruptcy proceedings to avoid the NY state litigation. Judge Harlin Hale didn't buy it, however, and dismissed the "bad faith" filing today after an 11-day trial. The NRA will now have to face the music in NY, where the state AG declared in response: "No one is above the law." (We'll hope that's also true in her ongoing probe of bank and tax fraud by Donald Trump and his Trump Organization as well. She already succeed in shutting down HIS phony "charity", calling itself the Trump Foundation.)

Also today, more breaking news out of Arizona. Despite claims from some state Republican Senators that they are embarrassed by the clown show currently playing out in Phoenix with the Cyber Ninjas' "audit" theater of 2.1 million ballots from the 2020 Presidential election in Maricopa County, (one such GOP Senator who voted for the exercise now laments, "It makes us look like idiots"), the same Senators passed legislation on Tuesday to make it harder for some 140,000 Arizonans to vote. Republican Gov. Doug Ducey signed the new law today, less than an hour after passage, which would purge voters from the permanent mail-in ballot list if they fail to vote in two elections in a row and then fail to return a letter within 90 days of it being sent to them. Democrats and some businesses charge that the measure disproportionately targets voters of color. But, of course, that's a feature, not a bug for the state GOP, still smarting from having lost the Presidential election and both of its U.S. Senate seats to Democrats.

Then, we're joined by longtime cybersecurity and national security journalist KIM ZETTER to discuss the ransomware attack which has led to the shut down of the Colonial Pipeline. The company's network supplies nearly half of the gas, jet fuel and diesel used on the Eastern Seaboard, as is snakes some 5,500 miles from Texas to New Jersey.

Zetter explains how this attack, attributed to a Russia-based group calling themselves DarkSide, was apparently able to burrow its way into Colonial's corporate IT computer network, if not to the operational computer network that actually controls the pipeline system, as well as why the company quickly decided to shut down the pipeline itself anyway.

After sharing some details she has gleaned from sources, including pipeline customers and suppliers, we discuss the recent rise of ransomware attacks which are extraordinarily effective and difficult to prevent. Many companies and organizations --- businesses large and small, hospitals, banks, and both state and local governments --- are now forced to pay the ransom demanded by the cyber-terrorists. Even today, news broke that negotiations between ransomware attackers and the D.C. Metropolitan Police have broken down, with the attackers now threatening to publicly release a sensitive list of police informants if more money is not offered. (The group is demanding $4 million, but claims the Department has offered only $100,000.)

"Unfortunately, this is an industry now," Zetter explains, describing the firms that now specialize in serving as negotiators with the hackers, while helping the crippled companies restore their systems with decryption tools supplied by the hackers once ransom has been paid.

Zetter is also one of the few journalists in the nation that has been covering concerns and vulnerabilities in computerized voting and tabulation systems as long as me. I spent many a sleepless night last year concerned about the possibility of a ransomware attack on wildly vulnerable state and county elections systems. "Nothing" can prevent such an attack, warns Zetter, especially on systems that are often left exposed and vulnerable on the Internet all year around, even when there are no current elections under way (as we discussed in detail with Zetter in 2019.)

As you may imagine, we've got lots to talk about with Zetter today. She has written for years on these matters at outlets such as Wired, Politico, New York Times, Vice's Motherboard and is the author of the book Countdown to Zero Day: Stuxnet and the Launch of the World's First Digital Weapon. She also now writes her own newsletter called Zero Day, covering all of these topics and more.

Finally, Desi Doyen joins us with the latest Green News Report, with more on how the shutdown of the Colonial Pipeline, the largest such network in the nation, is crippling the fuel supply on the East Coast; how a new study finds air pollution from farms causes thousands of premature deaths each year in the U.S.; more ominous signs of the worsening drought in California; and some much better news regarding electric vehicles and action being taken by the Biden Administration to restore landmark federal protections for migratory birds after the Trump Administration had dismantled them...

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Guest: Former FEC Chair Ann Ravel on FEC Repubs killing 'slam dunk' hush-money conspiracy 'directed' by Trump; Also: Computerized voting and tabulation has allowed my election nightmares to come true...
By Brad Friedman on 5/10/2021 6:46pm PT  

We've got two lede stories really on today's BradCast. You can decide for yourself which one is the more maddening. [Audio link to full show is posted below this summary.]

Late last week, the bi-partisan Federal Elections Commission (FEC) announced they were ignoring the advice of their own General Counsel by voting down further investigation of the Stormy Daniels hush-money case payoffs by a former disgraced President. Two Republican appointees voted to kill, two Dem appointees voted to continue the probe (with one Repub recusing and one independent absent for the vote). The way the broken, six-person FEC is structured, no investigations of campaign finance reform violations --- no matter how obvious and blatant, as in this case --- can move forward unless there are four votes to do so.

Here, it's a slam dunk. Donald Trump's former personal lawyer and fixer, Michael Cohen, was already found guilty and sent to prison for the criminal campaign finance conspiracy in which he paid off the adult film star to keep quiet about her affair with Trump. The affair took place ten years before the 2016 election. The payments were given to her just days before the election. It was clearly an election related expense, yet the Trump Campaign failed to report it, and Trump himself paid Cohen back for the payouts during his time as President.

Both Cohen and the DoJ stated in Court, before Cohen went to prison, that the payments were part of a criminal conspiracy "directed by" and "for the benefit of" Trump himself.

The explanation of the Republican commissioners on the FEC for killing the probe is ridiculously laughable, as we discuss with our guest today, former FEC Chair ANN RAVEL. She was appointed to the Commission under President Obama in 2013 and served until 2017. She, too, agrees this was a "slam dunk" case against Trump, which serves to highlight how the GOP have permanently "captured" the Commission in order to make certain that Republicans are never held to account for violations of federal campaign finance laws.

"Wanting to do nothing is exactly how the Republican Commissioners have always been able to assure that the Commission doesn't do what it is supposed to do to make elections and the electoral process fair, and to make sure that there is total disclosure of campaign finance activities," Ravel explains. "You're right to say that it's a 'slam dunk' case. In particular, because the [FEC's] General Counsel said [Trump's behavior] was 'knowing and willful', which it clearly was. 'Knowing and willful' is the criminal standard. So that may be an alert to the Justice Department that they need to now go forward and prosecute the case."

The DoJ prosecuted Cohen for participating in the conspiracy. Now the nation's top law enforcement agency needs to prosecute the man that the DoJ has already said "directed" it!

Ravel also offers her insight on how the FEC became so captured and broken in the first place (Hint: Trump's former White House Counsel and longtime GOP operative Don McGahn struck a corrupt bargain with Mitch McConnell years ago) and on the Democratic plan in the For the People Act (otherwise known as H.R.1 and S1) to reform the FEC. The plan would restructure it from a 6-person panel designed to deadlock and never move anything forward, to a 5-person panel of appointees selected by non-partisan judges and attorneys, with the fifth appointed by the President. No more than two people from any one political party could serve on the Commission at once, and appointees would have to have spent a number of years not working on political campaigns or as staffers for elected officials, among other sensible restrictions.

"The positive about what they have proposed in HR1 is that there would be a blue-ribbon commission, comprised of people who actually believe in the law and enforcement of the law, who would be nominating and reviewing particular individuals to be on the commission who would abide by the law. That is key to making the change --- to have people who are not beholden to a particular political party, who independently would look at the law and make decisions based on what the legal requirements are."

Naturally, Republicans oppose the reform (along with HR1 in its entirety) and are lying about it to say that it would turn the Commission from a bi-partisan commission into one that gives Democrats partisan control.

Ravel also explains how the Stormy Daniels case --- which can still be prosecuted on a criminal level by the DoJ --- is not necessary over at the FEC either, since the vote to kill the inquiry can now be appealed in a court of law by an outside group.

Then, I've got a bit of a today on the absurd clown show of an audit of the 2020 Presidential election still under way in Maricopa County (Phoenix), Arizona (which we've been covering in detail for the past several weeks); the legitimate audit, being led by several top shelf election and voting systems experts set to begin this week in Windham, New Hampshire (as we detailed in some length last Friday); and the remarkable 8,500 word deep-dive investigative report published over the weekend by Washington Post, detailing how the phony myth of Donald Trump's "stolen" 2020 election came together beginning way back in 2018.

In short (which is not easy with an 8,500 word story!), a wealthy Texas businessman and some Republican operatives calling themselves Associated Specials Operations Group (or ASOG) took the research on vulnerabilities in computer voting and tabulation systems compiled by folks like Bev Harris of Black Voting, Cybersecurity journalist Kim Zetter, myself and others, to morph those very real vulnerabilities into phony claims of actual election fraud. Simply because a system is vulnerable, does not mean the vulnerabilities have been exploited. But such distinctions did not matter to this group which is clearly operating in bad faith, or to Trump who was happy to highlight any lie to cover for his shame of having been a failed, one-term President.

As I have been trying to explain for nearly 20 years on this beat, whether an election is stolen or not, the fact that we now use privatized, non-overseeable computers to cast and tabulate votes is itself a grave threat to democracy. Ultimately, as I've warned over and over again over the years (and as we are now seeing play out), it doesn't matter if an election is 100% accurate and secure if the public can't know that it is. Secret software and concealed vote counting inside computers run by private companies --- even when done perfectly and securely --- allows those operating in bad faith (as is the case with Republicans right now), to claim an election was stolen, even when there is no proof to support such an extraordinary charge. It's nearly impossible to refute such claims, bogus or otherwise.

I have warned about exactly this scenario as a dangerous threat to democracy itself for years, and now, as I explain on today's show, my worst nightmare is now playing out before all of our eyes...

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Also: Never listen to Frank Luntz; Newsmax apologizes, admits Dominion 'fraud' claims were phony...
By Brad Friedman on 5/7/2021 6:48pm PT  

Will we ever escape the 2020 "Big Lie"? Maybe. But it's gonna take a while. That said, we've got some very good news on today's BradCast about the next "Big Lie" 2020 ballot audit! [Audio link to full show follows this summary.]

But, first up today, GOP pollster Frank Luntz appeared on a podcast this week to offer some sage insight about the 2022 elections. We would caution you to take it much of it with some very large grains of salt! Among the points he made, which we discuss (dispute) today: Trump's "Big Lie" is working to con his supporters, but that may cost the Republican Party some wins in the House and/or Senate next year, because, as Luntz claims, voters don't turn out if they believe their vote doesn't count. We explain, based on our own 20 years or so on this particularly beat, why Luntz is probably very wrong and why Dems would be making a huge mistake to take too much comfort from his point on that. Luntz is also dangerously wrong about what he beliefs will happen if Trump becomes the nominee for President in 2024, as we also discuss.

Then, the far-right cable outlet Newsmax has issued a statement apologizing for its false "Big Lie" claims that the 2020 election was stolen for Joe Biden by the Dominion Voting Systems company and, specifically, by its Director of Product Strategy and Security, Dr. Eric Coomer. He sued the wingut outlet for defamation last December, naming the Trump Campaign, Team Trump attorneys Rudy Giuliani and Sidney Powell, and even farther rightwing outlet, One America News Network (OANN) as defendants as well.

All of them had forwarded baseless claims that Coomer was on a conference call with "Antifa", promising to steal the election for Biden. Seriously. That's what they claimed. It was an absurd charge that nonetheless was repeated and reported over and again in MAGA Land after they were confirmed as losers in the November election. It resulted in death threats and doxxing for Coomer, his family, his co-workers, etc. Newsmax has now admitted their reporting was false, and that they have no evidence to support Dominion or Coomer having stolen anything.

Newsmax has now been removed from Coomer's lawsuit in exchange for the public apology and an undisclosed sum of money. Looney Toons MyPillow CEO Mike Lindell, however (who is being sued by Dominion for $1.3 billion [PDF]), can't seem to sleep at night now. He is furious about the development, and is now reportedly calling on the MAGA Mob to boycott Newsmax and watch OANN instead because Newsmax caved...by telling the truth.

Next, taking a break (mostly) today from our recent in-depth coverage of the clown show "audit" theater playing out in Maricopa County (Phoenix), Arizona, we move to the next post-election audit of 2020 ballots demanded by the MAGA Mob. This one will now be in Windham, New Hampshire and will be very different from the non-transparent shell-game being carried out largely in secret by the clueless, experience-free Cyber Ninjas nitwits and cretins in Phoenix.

In Windham, a November recount of four local state Representatives races were found to have been off by about 300 votes from the initial tally. That, of course, is cause for concern [PDF]. Particularly since the town still uses really old, easily-manipulated, oft-failed Diebold AccuVote optical scanners to tally voters' hand-marked paper ballots. (Their systems are also programmed and maintained by a disreputable company named LHS Associates.)

The reason for the discrepancy in the state Rep results is apparently still unclear. This has led the MAGA Mob to believe they've finally found evidence that the election was stolen from Trump (somehow) and --- in his best fat, sad Jake LaMotta at the end of Raging Bull impression --- led Trump during a wedding at Mar-a-Lago over the weekend to declare "massive election fraud" has been discovered in NH, which he was certified to have lost by about 59,000 votes.

But, here's the fun twist! The Windham audit will not be overseen by Cyber Ninja clowns with no experience in elections or voting systems. Longtime post-election audit expert Mark Lindeman, Ph.D., who currently serves as Acting Co-Director for the non-partisan, non-profit voting system watchdog, Verified Voting, has been tapped to run the audit. In turn, two longtime friends of both The BradCast and The BRAD BLOG, whose expertise for this audit is unparalleled, have also been tapped to work on it.

UC-Berkley's math professor Philip Stark, who invented the Risk-Limiting Audit (RLA) protocol, tells me that he is now on board. BradCast listeners may remember him as a guest on this show. Also now on board is the legendary Finnish cybersecurity and voting systems expert, Harri Hursti. He is the first known hacker of a Diebold optical-scan system, as witnessed in the climactic final scene of HBO's Emmy-nominated 2006 documentary, Hacking Democracy (along with our guest from this past Wednesday's show, veteran Florida election official, Ion Sancho), and as the central figure in HBO's chilling 2020 follow-up to that doc, KILL CHAIN: The Cyber War on America's Elections. Moreover, Hursti is one of the organizers each year of the Vote Hacking Village at DefCon in Las Vegas and was first interviewed by myself in the award-winning 2008 documentary Murder, Spies & Voting Lies: The Clint Curtis Story.

These are serious experts in the field, and hopefully will result in a serious examination of whatever went wrong in Windham in this past election --- even if it's unlikely to uncover that the election was stolen from Trump. Whether the MAGA Mob, who were elated about the Windham audit initially, will be as happy about the serious, non-hack professionals running it remains to be seen. So far, they are not.

Finally, Desi Doyen joins us for our latest news-packed Green News Report, with bad news about "new normal" global temperatures and the planet's glaciers, but better news about California stopping Nestle from stealing its water and Biden canceling Trump's wall...and using the saved tax-payer dollars to repair the environmental damage from the stupid project...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: L.A. Times energy reporter Sammy Roth; Also: DeSantis signs new FL voter suppression bill on Fox 'News'...
By Brad Friedman on 5/6/2021 7:23pm PT  

We apologize in advance for any whiplash induced by today's BradCast. The continuing madness and unending idiotic fallout from Donald Trump's Big Lie about a "stolen" 2020 election forces us to keep an eye on the MAGA Mob in the rear view mirror, even as we continue to try to look forward to Joe Biden's long-overdue efforts to save humanity by ensuring a livable planet...even for insane people. [Audio link to full show is posted below.]

Join us for today's sunbelt trip from Sunny Florida to Sunny Arizona to Sunny California. Do buckle up first.

First up, Florida's new voter suppression bill --- which we discussed in detail with longtime, legendary Leon County, FL Supervisor of Elections Ion Sancho earlier this week --- was signed into law today by the man Sancho warned is "far sharper than our ex-President" though "more vile, because he understands what he is doing". That would be the state's Republican Governor and 2024 Presidential hopeful Ron DeSantis. And he signed the bill to make mail-in voting harder live on Fox "News"! Locking out his own local media from the ceremony in the bargain. That story should tell you just about everything you need to know about what the GOP has now come to. And what you can look forward to before 2024.

Next, the good news is that the rest of the media, and elected officials in Arizona, and even federal law enforcement officials at the U.S. Dept. of Justice are finally catching up with much of what we have been warning over the past week or two about what is going on in the "audit" theater circus show happening right now in Maricopa County (Phoenix). We told you on last Wednesday's BradCast --- via an exclusive, hour-long interview with two election integrity experts who had spent time inside the secret, tax-payer funded "audit" of the county's 2.1 million ballots by Cyber Ninjas, the private rightwing company with no experience in elections or voting systems --- about the lack of public or media oversight; lack of security of ballots (which, according to federal law, are supposed to remain in secure election official custody for 22 months after an election); lack of public tracking of tallies by the paid counters; ever-changing counting methods that couldn't possibly be completed by May 14th, when the Ninjas lose access to the rented Arizona Veterans Memorial Coliseum; and much more, including the news that ballots were being examined under microscopes and UV lights for evidence of things like missing folds in mail-in ballots and...yes, bamboo fibers in the ballot paper, which the QAnon folks carrying out this "audit" believe would be an indication that the ballots came fraudulently from China.

We then warned you on Monday's BradCast that the procedures document [PDF] turned over by the Ninjas in response to a court order after they argued their "audit" processes were "trade secrets", would allow them to change a minimum of 42,000 votes without setting off any mistally alarm bells inside the secret count. That, despite Biden having been certified as the winner of the state by just over 10,000 votes. I'm not sure that anybody else has noticed that part yet.

But the good news is that --- thanks to another court order --- some media and some officials (including a few from the AZ Sec. of State's office) are finally being allowed into the venue for limited observation of this GOP state Senate sponsored scam. AZ's Democratic Sec. of State Katie Hobbs has now sent a "sharply-worded" letter [PDF] with a litany of concerns --- many of which we've been trying to alert the world to --- to the defendants in the state lawsuit (the Ninjas, the state Senate President, and the Senate's liaison to the "audit", former Republican Sec. of State Ken Bennett), who must now reply, as per a settlement struck in court this week. The Dept. of Justice has also taken notice of what's going on, and has sent a letter [PDF] regarding some of the potential violations of federal law (such as the 22-month ballot retention issue.)

But it was some out-of-context remarks from John Brakey --- a longtime Democratic election integrity expert, founder of AUDIT USA, and my guest last week on The BradCast --- which seem to have set off the loudest alarms in the Twittersphere and Mediasphere. Dennis Welch, Political Editor for Arizona's CBS5 News and TV3, shamefully posted a truncated, minute and a half long clip of Brakey, who is observing the "audit" and assisting Bennett (for free, with no NDA!) describing what the wingut Ninjas are seeking in their search for bamboo fibers in the ballots.

It was only later that Welch posted the next sentence or two from Brakey (all 33 seconds of it) in which he explains: "I don't believe any of that" and that he hopes this "audit" will eventually "ungaslight" people who have been conned by the rightwingers. (Much as he had told us on the show last week.)

Unfortunately, more than a million viewers have seen the first clip on Twitter. That's more than ten times the number who saw the second one. So, Brakey --- who I had personally warned many times shouldn't be involved with these folks operating who are operating in bad faith, for exactly this reason --- was unfairly tarred by many as a QAnon conspirator. He isn't. At all. But that hasn't stopped some idiots --- some of whom should know better --- from attacking him as such and refusing to correct or remove their attacks even after learning they were wrong. John was explaining it, not supporting it!

In any event. At least BambooGate has got people noticing the Maricopa scam. We'll hope our friend and longtime colleague Brakey doesn't pay too high of a price for it.

Then, we finally get to look forward for a few blessed minutes today! President Biden recently doubled down on President Obama's pledge to cut deadly emissions that cause global warming, by vowing to cut greenhouse gas emissions by half (as compared to 2005 levels) by 2030. That ambitious goal is paired with an even more ambition pledge to reach net-zero emissions, economy wide in the U.S., by 2050!

While that seems difficult to imagine, perhaps it shouldn't be. As our guest today, SAMMY ROTH, energy reporter for Los Angeles Times details, the state of California's main grid actually reached 95% renewable energy usage for the first time one week ago Saturday! The milestone didn't happen long, and it was on a sunny, mild weekend day. Still, it's an encouraging sign for what is now quietly being done in the nation's most populous state.

The state grid, however, does not include the cities of Los Angles and Sacramento, which use their own power supplies. And Los Angeles is actually still using some energy created by coal. But Roth has good news there as well, after a landmark new report commissioned by L.A. from the federal National Renewable Energy Laboratory lays out a road map for how one of the nation's largest cities could be powered by 100 percent renewable energy by 2035!

And, of course, if CA and Los Angeles can do it, so can the rest of the nation --- if they (and we) can overcome the political obstacles and dead-end fossil fuel industry money --- so that we can all safely survive to continue bickering about evidence-free claims of "massive voter fraud" for generations to come!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: 30-year former Leon County, FL elections chief, Ion Sancho; Also: L.A. County records zero COVID deaths two days in row while California infection, hospitalization, death rates fall dramatically...
By Brad Friedman on 5/4/2021 6:21pm PT  

On today's BradCast, we're happy to begin with just about the best news we could expect to stumble across these days. Happily, not everything goes down hill from there. [Audio link to full show is posted below summary.]

There has been a stunning drop in COVID infections, hospitalization and death numbers in California. Just 15 deaths were reported on Monday across the entire state of 40 million people. Perhaps even more incredibly, ZERO deaths were reported in all of Los Angeles County --- the most populous in the nation, with 10 million people --- on either Sunday or Monday. We have not had two straight days here without COVID deaths in this County since the pandemic began in mid-March of 2020. Officials caution, however, that some of the drop in numbers could be due to slow reporting over the weekend.

Still, the Golden State is certainly doing something right, as both the state and L.A. County also clock in with among the lowest test positivity rates in the nation. Moreover, Governor Gavin Newsom announced on Monday that COVID-related hospitalizations are at their lowest, by far, since the pandemic began. (And, keep in mind that state Republicans are citing his handling of the pandemic as reason he should be recalled from office.)

But while California also has one of the highest vaccination rates in the country, like the rest of the nation, the number of shots being administered has fallen off sharply of late. Today, President Biden announced a plan to increase vaccine numbers, targeting adults who need more convincing; those who have struggled with availability; and, after expected FDA approval next week, adolescents aged 12 to 15. His new goal is deliver at least one dose to 70% of American adults by July 4th.

At the same time, the American Rescue Plan (adopted by Democrats in Congress without one single vote from any Republican) will now cover paid days off to get shots, as well as for the number of days needed to recover from them. The ARP has also dramatically lowered monthly health care premiums for those receiving federal subsidies under the Affordable Care Act (Obamacare). With, so far, wildly successful programs like the $1.9 trillion ARP, and hoped for passage of massive jobs and care bills like the proposed $2.25 trillion American Jobs Plan and $1.8 trillion American Families Plan, which Repubs have vowed to obstruct as well, is it any wonder they hope to simply block grateful voters from being able to cast a vote at all in next year's elections?

Last week, on the heels of similar measures in states like Georgia and Iowa, GOP state lawmakers in Florida adopted yet another sweeping voter restriction bill, even after claiming a wildly successful and secure election in 2020, when Donald Trump won the state by 3 points. The new bill --- passed in the Senate last week on Florida's Confederate Memorial Day --- is expected to target new voters, younger voters and, specifically, African American voters. It restricts mail-in voting after GOP lawmakers had spent decades expanded it in Florida. To their chagrin, apparently, after years of no-excuse absentee voting being predominantly used by Republicans (including Trump and Gov. Ron DeSantis last year), more Democrats than GOPers took advantage of the option during the 2020 election. Therefore, it must be cut back. With the Sunshine State's traditionally close statewide elections, GOP lawmakers went to work. Senate Bill 90 now requires long-time mail-in voters request such ballots every single election cycle. It mandates new ID requirements for even requesting such ballots, severely restricts the use of absentee drop-boxes, and adds many other restrictive measures, such as a provision to prevent the distribution of food or water to voters waiting in long lines in the hot Florida sun.

While some Republicans are now reportedly concerned that the measure may prevent many of their own voters from casting a vote, our guest today has an additional serious concern with SB90. We're joined again today by former 30-year Leon County (Tallahassee) elections chief, ION SANCHO, who cites the way this bill --- and others being adopted by GOPers around the country --- specifically targets elections officials with threats of job loss and fines. The Florida bill, in fact, authorizes a personal, $25,000 fine against County Supervisors of Elections (who are elected in the Sunshine State) for failing, in any way, to follow every provision of the state's ever-changing elections code, even in cases of emergencies that otherwise might prevent voters from being able to cast their ballots.

"The larger, unstated thing here that, quite frankly, bothers me the most --- not only about Florida, Georgia, Iowa or Arkansas, you name it, it's happening in Republican-dominated legislatures --- is the fact that this is an attack on non-partisan, professional elections administration, all across the country," Sancho tells me. "It didn't begin in 2020, but 2020 has clearly lit the fuse."

In addition to noting that SB 90 has "made it more difficult for ALL citizens to request a vote-by-mail ballot," Sancho observes that all of the new, unnecessary measures are "providing more hoops to jump through for citizens." But, in particular, he cites, "best practices for elections are being thrown out by Republican legislatures, who are now inserting themselves much more directly into the elections process --- a reversal of the trend that we saw in the latter half of the 20th century when citizens demanded fairer elections. The trend to try to professionalize and get a higher class of election officials that act on a fair and non-partisan basis, that's what's being attacked in all of this legislation. That's what's got me concerned."

All of it, he opines, is part of "The Big Lie" (Trump's unsubstantiated claims of massive fraud in the 2020 election he lost) now being used as cover to pass these new restrictions. "In fact, it is Gov. DeSantis, not the ex-President, who is pushing for these changes in Florida. He's on the ballot [in 2022], and the fact that a million and a half more citizens have registered to vote by mail as Democrats than Republicans has caused this attack on vote-by-mail balloting. Gov. DeSantis is, I will tell you, far sharper than our ex-President.  In my opinion, more vile, because he understands what he's doing. I'm not sure the ex-President did."

Sancho --- who was so well respected by his peers in Florida that he was selected by them to oversee Florida's eventually aborted statewide Presidential recount in 2000 --- also confirms that in that same year, Republicans sent absentee ballot applications to every single Republican in the state. Now, they are trying to shut down much of the entire process that made voting easier there, even for many of their own voters. "This continual erosion is, in my view, disgraceful, disgusting, and un-American. But it's happened, and we have to deal with this."

We have much to discuss on that front on today's program.

Finally, we're joined by Desi Doyen with our latest Green News Report, which, much as our program began, finishes things off with quite a bit of surprisingly very good news, this time for climate hawks...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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