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Latest Featured Reports | Saturday, August 13, 2022
Before FBI Search, Grand Jury Subpoenaed NatSec Docs Trump Stole from WH: 'BradCast' 8/11/22
RW political violence after Trump's Mar-a-Lago lies; Also: Midterms trend toward Dems...
'Green News Report' 8/11/22
  w/ Brad & Desi
South Korea latest victim of deadly flash floods; Repub state treasurers coordinate to block climate action by private companies; PLUS: Mexico emergency over drought protests...
Recent GNRs: 8/9/22 - 8/4/22 - Archives...
'If You're Innocent, Why Are You Taking the Fifth?' Great Question!: 'BradCast' 8/10/22
Guest: Former Asst. U.S. Attorney, Randall D. Eliason; Also: Inflation slowing?; Noteworthy primary results from CT, MN, VT, WI (and WA)
What We Know (& Mostly Don't) About the FBI Search at Mar-a-Lago: 'BradCast' 8/9/22
Also: Late AZ, WA primary results; MI's GOP A.G. nominee facing criminal probe; Federal judges approve release of Trump taxes...
'Green News Report' 8/9/22
  w/ Brad & Desi
GNR Special Coverage: U.S. Senate Democrats pass landmark climate legislation, the first in U.S. history...
Recent GNRs: 8/4/22 - 8/2/22 - Archives...
Pennsylvania's Supreme Court Rejects Yet Another GOP Challenge to Absentee Voting
Ruling is good news for democracy and, perhaps, state Democrats...
Sunday 'Woke' Toons!
Wake up and smell PDiddie's latest collection of the week's best toons!...
GA Dem Seeks to 'Unpack' SCOTUS, Hold 'Ethically Bankrupt' Justices to Account: 'BradCast' 8/4/22
Guest: Rep. Hank Johnson (GA-4) on Court expansion, term limits, more; Also: TN votes...
'Green News Report' 8/4/22
  w/ Brad & Desi
Back-to-back storms reveal U.S. not ready for climate impacts; Climate change increasing humidity; Big biz targets Dem climate bill; PLUS: Nat'l EV charging network almost here...
Recent GNRs: 8/2/22 - 7/28/22 - Archives...
UNconventional Times: The Power of Abortion Rights (and Danger of Election Deniers) on the Ballot: 'BradCast' 8/3/22
Critical lessons (and warnings) from primary results in AZ, KS, MI, MO, WA, OH...
'Green News Report' 8/2/22
Death toll rises in catastrophic KY flooding; Extreme heat, fires sear U.S. West; Big Oil's big profits; PLUS: Manchin-Schumer compromise a game changer for climate?...
Too Little Too Late? Or Not a Moment Too Soon?: 'BradCast' 8/1/22
Can Dems finally pass Schumer-Manchin bill to save the climate (and themselves)?; Also: Biden's 'rebound'; KY's death toll; Tuesday primaries; Callers ring in...
Sunday 'Party of Personal Freedom' Toons
Bringing new meaning to "freedom isn't free" in PDiddie's latest collection of the best toons of this past week...
Leaked: FL Power Co. Secretly Took Over 'News' Site, Ran Fake Candidates, Targeted Critics: 'BradCast' 7/29/22
Guest: Energy and Policy's Alissa Jean Schafer; OAN cooked?; Stewart v. GOP Sens...
Establishment Pressure Haunted Manchin Into Major Deal on Taxes, Healthcare and Climate: 'BradCast' 7/28/22
And Schumer outfoxed McConnell to do it! Also: More signs of UNconventional midterms...
'Green News Report' 7/28/22
Manchin and Schumer reach deal on climate and energy bill; Russia slashes gas to Europe; PLUS: Public pressure leads USPS to quadruple plan for electric delivery trucks...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Executive Director Marianna Treviño-Wright; Also: Cawthorn ballot woes worsen in NC; Trumpy CO County Clerk arrested; National Archives refers Trump Presidential records theft to DoJ...
By Brad Friedman on 2/9/2022 6:40pm PT  

Three years ago this month on The BradCast, we spoke with the Executive Director of the National Butterfly Center in deep south Texas in the Rio Grande Valley as Trump's Dept. of Homeland Security was busting locks on the 100-acre wildlife sanctuary to roll in heavy construction equipment to build Trump's dopey border wall. Last week, the Center was forced to temporarily shut its doors due to worsening violent threats and menacing from Trump's MAGA mob. Last night, she met with the FBI. Today, the Center's Executive Director joins us again to discuss the increasing madness of what is going on down there now, more than a year after Trump was tossed out of office. [Audio link to full show is posted below this summary.]

BUT FIRST, a couple of amusing and/or encouraging updates to other stories we've been covering in some detail on this program.

We have new news out of North Carolina, where Republican MAGA Congressman Madison Cawthorn's eligibility to run for reelection is being challenged at the State Board of Elections by state voters working with the Constitutional law experts at the non-partisan Free Speech for People good government group. The complaint to the SBE alleges that Cawthorn, who participated in the January 6 rallies and their planning, is ineligible to run for federal office in the state, based on Section 3 of the Constitution's 14th Amendment which bars from federal office those who previously took an oath to defend the Constitution and then "engaged in insurrection or rebellion" against it. Rather than defend himself in a Board hearing, as required by state law, Cawthorn filed suit last week in federal court charging the state Board has no right to determine whether he meets eligibility requirements for the ballot. In their response to the suit this week, CNN reported last night, the Board disagrees. Their motion explains that "States have long enforced age and residency requirements, without question and with very few if any legal challenges. The State has the same authority to police which candidates should or should not be disqualified per Section 3 of the Fourteenth Amendment."

The case obviously has serious implications for a number of other MAGA Caucus members of Congress who participated in the January 6th insurrection and huge implications for Donald Trump's ability to be on the ballot in 2024 in the critical swing-state, if he decides to run again. We discuss that and a few more follow up details on the heels of today's update, following on our in-depth conversation last week about the original complaint with Constitutional law expert John Bonifaz, Co-Founder and President of Free Speech for People.

NEXT, following up on a story we covered in great detail last year, the disgraced and very Trumpy Mesa County, Colorado County Clerk, Tina Peters, was arrested on Tuesday. And the video of her being taken into custody by law enforcement officials is pretty hilarious. You may recall that, in 2020, in the middle of the night, Peters snuck into the secured room where voting equipment is kept in her County with an unauthorized person. They turned off the security cameras and made copies of hard drives containing the critical Election Management System (EMS) software on the county's Dominion Voting Systems machines. That proprietary software was subsequently leaked onto the Internet as Peters participated in a loony "Cybersecurity Forum" with "Stop the Steal" conspiracist and MyPillow CEO Mike Lindell just days before the same critical software was to be used in several California counties during the GOP's failed attempt to recall the state's Democratic Gov. Gavin Newsom.

Peters was removed from her duties by the state's Secretary of State and is now being investigated by the state's Attorney General. But her arrest on Tuesday was reportedly related to her use of an iPad to unlawfully record a court hearing for one of her deputies who was also removed from office in relation to the software theft. And, yes, the video of Peters' arrest, as you'll hear, is kinda hilarious.

THEN, we're joined by MARIANNA TREVIÑO-WRIGHT, Executive Director of the National Butterfly Center in far south Texas, which was forced to close its doors indefinitely last week. The sad --- but, hopefully temporary --- news comes on the heels of increasingly violent threats and targeting by Trump's MAGA mobsters over the past three years. She explains how those threats have worsened during that time and in recent days, ever since the Center attempted to sue the Trump Administration in 2017 to stop construction of his border wall on and near the Center's property on the banks of the Rio Grande River in the city of Mission. (We interviewed Treviño-Wright about that on this program in February of 2019.)

The targeting that the Center has endured, as she explains today, includes "outrageous lies" beginning in the fall of 2019, when Steve Bannon and supporters of his fraudulent "We Build the Wall" project (for which he was indicted and later pardoned by Trump) claimed that the wildlife preserve and study area was actually "a cartel front and engaged in human trafficking, that we were selling women and children in to sex slavery [and] that there were dead bodies and terrorists on the property."

"They tell these lies because they work," Treviño-Wright tells me today, citing the QAnon "Pizzagate" lie that almost turned deadly and the 2019 massacre at a Walmart in El Paso, just days after a nearby "We Build the Wall" rally. Two weekends ago in Mission, there was a "We Stand America" rally featuring Trump's disgraced National Security Advisor and QAnon hero Michael Flynn, which coincided with a physical altercation at the Center with a MAGA Congressional candidate from Virginia. There were also a number of rightwing media outlets who shot videos outside the sanctuary, suggesting that the Center was a way-point for human traffickers.

After the 2019 targeting, Treviño-Wright says, "the militia arrived, and a whole bunch of angry people unleashed a torrent of hate, of threats --- by mail, by phone, email, you name it. They came here to tell us to our face what despicable human beings we were, how we should be hanged and burned and all of that."

But menacing "indirect threats" have worsened in recent days, leading to her meeting on Tuesday night with the FBI to discuss a neo-Nazi who, she explains, has "gone to federal prison three times, most recently for his role in inciting the Tree of Life Synagogue massacre," who has recently moved to Texas. "He has been posting online messages using my photo and workplace, and urging the members of his church in his holy war to find out where I live, and everything they can about my children," Treviño-Wright details. You may or may not be shocked by what she says she was told last night by the FBI.

In the meantime, she tells me that the Board of Directors at the North American Butterfly Association, which runs the Center, "is actively seeking to engage licensed security professionals to do the assessments necessary and make the recommendations for training, for physical assets that we need on the property, and maybe even for additional personnel, so that we can re-open safely." But, she laments, "armed guards at a nature center is not at all the kind of look we are going for."

Citing the Lone Star State's Republican Gov. Greg Abbott's policies allowing for indiscriminate, unlicensed open or concealed carry of firearms, Treviño-Wright describes charges it's "the wild wild West down here," though not due to "the things that Fox News and other are saying" about some sort of "crisis" at the border. "The call is coming from inside the house," she asserts. "That's where we are in the United States now. The terrorism is home-grown, and it's our own neighbors and relatives."

Treviño-Wright goes on to offer a timeline for when the Center may be able to re-open to the public; how members of the public can help in the meantime (a membership with the Center, she explains, "comes with benefits for people across the United States" and will help to continue paying employees during these weeks they are forced to remain closed); the status of the Center's ongoing lawsuit to stop the nearby construction on the river, which she says the Biden Administration is continuing under the guise of "levee repair"; and much more --- including some actual good news on butterfly survival if you can imagine such a thing!

She is a fantastic guest and, frankly, a great American. Please tune in for our conversation today.

FINALLY, we close with late breaking word from WaPo that the National Archives has reportedly asked the Dept. of Justice to investigate whether Trump's mishandling of Presidential records --- including absconding to Mar-a-Lago with some 15 boxes of them --- is a criminal violation of the Presidential Records Act. (Which, of course it is. The question is whether Merrick Garland's DoJ will do the right thing and take action on it. Don't hold your breath...)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Grace Panetta of Business Insider; Also: Dem Senator hospitalized with stroke; Manchin's big 'Build Back Better' lie; NY state redistricting adds 3 new Dem House districts...
By Brad Friedman on 2/2/2022 6:51pm PT  

Today on The BradCast: On January 6, 2021, Donald Trump and his democracy-hating supporters hoped to exploit the vagaries of the horribly written Electoral Count Act (ECA) of 1887 --- along with several vagaries of the U.S. Constitution itself --- to try and steal the 2020 President election during the joint session of Congress meant to affirm the state certified results of the Electoral College. Now, there is an ongoing bipartisan effort in Congress to modernize and reform the ECA to prevent a similar nightmare in 2024 or beyond. But will even that reform, if successfully adopted, be able to prevent a political party from acting in bad faith to steal a Presidential election in plain sight in the future? [Audio link to full show is posted below this summary.]

But, first up today, before we get to the ECA, Democrats are down to just 49 voting members of the Senate at the moment, after New Mexico's 49-year old Senator Ben Ray Luján, his office announced on Tuesday, has been hospitalized with a stroke after experiencing dizziness and fatigue last week. The statement suggests a full recovery is expected, even as the incident serves as a reminder of the Party's tenuous 50-vote majority in the Senate...as long as everyone is well and Vice President Kamala Harris is there to break any ties. Dems seem to think that Luján will recover in time to support Joe Biden's eventual nominee to fill the Supreme Court seat being vacated by the retiring Justice Stephen Breyer in June.

Also, speaking of the U.S. Senate, we've got a minor update on the landmark Build Back Better proposal that had served for months last year as the $1.7 trillion centerpiece of President Biden's agenda: Senator Joe Manchin (D-WV) says that "it's dead". That, after he killed it at the end of last year following months of negotiations and citing several ridiculous reasons. And while Democrats are hopefully they may still be able to pass Manchin-approved chunks of the bill in the future, I remain dubious that Manchin --- whose family rakes in millions from their coal business, supplying just one single coal plant with waste coal in West Virginia --- will ever allow the measure's critical $555 billion in environmental spending to help tackle climate change to be adopted.

Manchin spent months last year pretending to negotiate "in good faith" on the bill, even claiming repeatedly to support its climate provisions which incentivize the nation's power plants to move from dirty fossil fuels to clean, renewable energy. Even in recent days, Democrats have repeated the notion that Manchin supports at least those provisions of the sweeping measure that would have also expanded healthcare, education, child care, elder care and much more. But if you believe Manchin supports BBB's environmental initiatives, I've got a coal-fired power plant in West Virginia to sell ya. Of course, I hope to be wrong. But I haven't been, so far, on this matter unfortunately.

Next, it's on to the ridiculously written Electoral Count Act (ECA) which was adopted, as our guest today, GRACE PANETTA of Business Insider detailed in her deep-dive report this week, "following the disputed 1876 election between Samuel Tilden and Rutherford B. Hayes, which was marred by allegations of fraud and the disenfranchisement of Black voters." The ECA was passed at the time to help clarify certain aspects of the U.S. Constitution's mandated 12th Amendment process for counting and determining the eligibility of Electoral College votes. But it is so vaguely written --- Panetta cites an ECA scholar who notes that "many of its substantive rules are set out in a single sentence that is 275 words long" --- that Trump and his corrupt team of advisors were able to claim that the ECA allowed for Vice President Pence to pretty much name anybody he liked as the winner of the 2020 election during the joint session of Congress on January 6th.

This week, several coalitions in the Senate --- one, a group of three Democrats; the other, a bipartisan group of 16 Senators including nine Republicans --- are working to rewrite the measure in hopes of both clarifying it and preventing it from being exploited to steal a Presidential election. At least in theory.

As I've discussed on several shows of late, I often go to bed at night pondering the many ways that a political party prepared to act in bad faith --- in this case, Republicans --- can quite easily steal a Presidential election via the Electoral College with literally nothing more than norms, traditions and good faith to stop them. That's a fact, no matter what happens at the precinct level in each state, no matter who is and isn't allowed to vote, and no matter how those votes may be tallied. A party acting in concert in bad faith can steal an American Presidential election and there is little if anything in current law or the Constitution to prevent it.

Moreover, depending on how the ECA is rewritten --- if Republicans allow such a rewrite to be passed in both chambers and signed by the President --- it may still leave the door open for a rogue state legislature or even a single Governor acting in bad faith to steal an election, in what one ECA expert that Panetta cites describes as "the Swing State Governor's Gambit".

Panetta, a senior politics reporter at Insider, joins us from the Senate Gallery today to explain what the ECA is supposed to do; how Trump attempted to abuse it to steal the 2020 election; how reform can hopefully prevent that from happening in the future; and what the chances currently are that this new reform movement in the Senate will be successful.

She also makes clear --- in response to Trump's idiotic statement (admission?) on Sunday, claiming Pence had "the right to change the outcome" of the election --- that "the ECA does NOT give the Vice President the authority to unilaterally decide which electoral votes to count or not."

"The ECA as it exists, in its imperfect, flawed form, does NOT give the Vice President this authority," Panetta reiterates. "At the same time, however, I think what both the bipartisan group and another trio of Democratic Senators who introduced an ECA reform bill yesterday are trying to do is even more clearly state, clearly clarify in 21st-century language, that single slates of electors sent to Congress should be treated as final and the Vice President really has no role to adjudicate this."

Right now, she warns, "the groundwork is being laid at the state level for state officials --- like Governors, like Secretaries of State --- to overturn elections. In short, a Governor could submit an illegitimate slate of electors that does not reflect the popular vote in the state, and candidates could try in federal court to compel a Governor to send the correct slate, but that's no guarantee that that would fully work." So, yes, getting ECA reform right is now more critical than ever.

Finally today, some good news --- at least as I see it. New York's legislature has approved a new Congressional map for the state that will most likely add three additional Democratic members of Congress from the Empire State. New York Republicans are hopping mad about what they describe as an outrageous partisan gerrymander by Democrats. Ya know, just like the even more egregious ones being carried out by Republicans in GOP-controlled states like Ohio, North Carolina and Texas, where population growth was due almost entirely to minority voters, and yet state Republicans removed minority voting districts to add GOP seats. While I certainly would have opposed such efforts by Dems in the past (many redistricting experts still do), given the efforts right now by Republicans to undermine American democracy itself, I'm just fine with what NY is doing. If Republicans oppose it, they can (and should!) take it to court. Unfortunately, they won't be able to take it to federal court, because their own stolen and packed U.S. Supreme Court majority recently declared that federal courts may play no part in adjudicating partisan state gerrymanders. SAD!...

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Guest: Const'l attorney John Bonifaz of FSFP; Also: Trump more involved in 2020 gambit to seize voting machines than previously known...
By Brad Friedman on 2/1/2022 6:53pm PT  

On today's BradCast: Self-declared Republican "Constitutionalists" may not turn out to be huge fans of the written text of the U.S. Constitution after all. Particularly Section 3 of the 14th Amendment which bars from federal office those "who, having previously taken an oath, as a member of Congress, or as an officer of the United States...to support the Constitution of the United States...engaged in insurrection or rebellion against the same." [Audio link to full show is posted at end of this summary.]

That's turning out to be very bad news right now for North Carolina's Republican Rep. Madison Cawthorn. It could also turn out to be bad news in the not too distant for other members of the MAGA Caucus in Congress and even our disgraced former President --- even if that might be good news for the rest of the nation.

Last month, an official complaint [PDF] was filed by voters with NC's State Board of Elections, charging that Cawthorn must be disqualified from running for re-election this year in the Tar Heel State. The freshman Congressman reportedly participated in planning meetings for the rallies in advance of the deadly attack on the U.S. Capitol on January 6th, 2021 and spoke at the rally on the Eclipse in front of the White House prior to Donald Trump's speech directing supporters to head to the Capitol and "fight like hell". Cawthorn also joined dozens of other members of the House and Senate that day in voting against Joe Biden's Electoral College victory, despite the lack of evidence of fraud that might have changed the certified results of the election in any state.

The effort to block Cawthorn's candidacy in NC is the first official volley in the 14Point3.org campaign created by good government groups Free Speech for People and Our Revolution. NC state law requires that candidates must meet all requirements for office as detailed in the U.S. Constitution and further requires potential candidates to disprove any challenges to those qualifications, such as their age, legal residency, citizenship status or, in this case, whether or not they've "engaged in insurrection or rebellion" against the U.S. Constitution.

We're joined today by longtime Constitutional law expert JOHN BONIFAZ, co-founder and President of the non-partisan, non-profit Free Speech for People, to discuss this rather amazing and actually quite serious challenge to Cawthorn's candidacy and perhaps additional challenges to other insurrectionist candidates such as Marjorie Taylor Greene of Georgia, Mo Brooks of Alabama, Paul Gosar of Arizona, Lauren Boebert of Colorado and potentially even one Donald J. Trump.

"It's a 'novel' challenge in the sense that it's the first such challenge since the Reconstruction Era," Bonifaz tells me, while noting that "during that time, Section 3 of the 14th Amendment was applied to many Confederates who remained in positions of government power." But, he explains, "the Framers of the 14th Amendment were clear that if you take an oath of office to defend and protect the Constitution, and then you turn around and engage in insurrection or give aid and comfort to it, then you are prohibited from holding future public office. Now, we have the second insurrection in our nation's history and those who incited the insurrection or gave aid or comfort to it must also face accountability under that mandate."

The challenge is serious enough that, on Monday, Cawthorn filed a federal lawsuit in hopes of quashing the inquiry into his role on January 6th. His lawsuit claims that the State Board has no authority to keep him off the ballot. Bonifaz describes the claim as absurd. "If Madison Cawthorn were ten years old and seeking to be on the ballot in North Carolina, there'd be no question that he's ineligible to be placed on the ballot because he doesn't meet the age qualification for a member of Congress. This is another qualification requirement --- you cannot take an oath of office, as Madison Cawthorn did on Jan. 3, 2021, and then turn around and engage in insurrection and hold public office again."

"Instead of complying with the process that is laid out under state law, he has now rushed to federal court with his attorney to try to completely declare the whole process by which candidate qualifications are brought to be unconstitutional" Bonifaz contends. "If it's so hard for him to prove that he's not an insurrectionist, maybe the real question is why Section 3 of the 14th Amendment should not be applied to him."

"If he's really nervous about appearing before the State Board of Elections, that may be a real indication that the Board needs to act in the voters' favor. But the very fact that he's doing an end run around the state process and rushing into federal court ought to tell you a lot about whether Madison Cawthorn wants to appear before the State Board of Elections to defend himself."

Cawthorn's attorney has also offered another unique defense. He charges that the last part of Section 3 states that "Congress may by a vote of two-thirds of each House, remove such disability" and that the Amnesty Act of 1872 declared just that. Yes, Cawthorn is relying on the dispensation given specifically to former Confederate rebels in 1872 to try and remain on the ballot in 2022. Bonifaz explains on today's program why he is less than impressed with that defense.

For the moment, while there is a separate legal challenge to NC's newly gerrymandered Congressional maps, the qualifications process for all candidates in the state is on hold. Once the maps are settled, however, Bonifaz says the Board's "longstanding process by which voters can bring these kinds of challenges" includes creating a panel that will have 20 days to hear the case in which Cawthorn will have to defend himself, before the matter goes to the full Board and then, potentially, to state court on appeal.

One way or another, the matter must be settled in a few months before the state's primary election. It has resulted in a fascinating conversation among Constitutional law experts on the matter of what it means to "engage" in an insurrection. Bonifaz explains why he believes that conviction for sedition or insurrection in a court of law is not necessary to trigger the Constitutional clause. And if Cawthorn is, in fact, disqualified from running in North Carolina based on restrictions in the U.S. Constitution, what will that mean for other such insurrectionist candidates in other states in 2022 and, indeed, for Trump himself, if and when he attempts to become a candidate on the ballot again in the critical and closely divided swing-state in 2024? All of that, and much more is discussed on today's program.

Also today, speaking of insurrectionist Trump, new exclusives late last night from both CNN and the New York Times suggest that the disgraced, twice-impeached former President was much more personally involved in the attempt to seize the nation's voting machines following the 2020 election than previously reported. Also, that his efforts were far broader than previously known. CNN reports that there were actually two different Executive Orders drafted up for Trump's use. One was recently obtained by Politico, which we discussed last week. That one would have ordered the Department of Defense to seize the machines. The other order would have directed the Department of Homeland Security to do so. Team Trump was reportedly told by DHS that the federal agency lacked the authority to impound the voting systems.

But the Times offers new details on a third effort, which included a personal appeal by Trump in the Oval Office to his then Attorney General Bill Barr to have DOJ impound the voting systems. Barr, to his credit, is said to have immediately shot down the idea, telling the desperate loser that, since there was no evidence of fraud on the systems, the DoJ had no probable cause to believe they had been used in any crime. Trump's A.G. tendered his resignation shortly thereafter.

Finally today, Desi Doyen joins us for our latest Green News Report with bad news for fans of winter sports and good news for opponents of more deadly oil and gas drilling in the Gulf of Mexico...

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Guest: Lynn Bernstein of Transparent Elections NC on intimidation and an independent review of unverifiable ES&S vote systems; Also: Major media failures at Fox 'News', CNN and Washington Post...
By Brad Friedman on 1/28/2022 7:28pm PT  

On today's BradCast, we are bound and determined to take back the real fight for Election Integrity from the MAGA "Stop the Steal" loons and dupes who have no such interest in anything of the sort, as the Right has attempted to co-opt the idea of "Election Integrity" as part of Donald Trump's efforts to steal the election in 2020...and/or to steal the next one. But even too many weak-kneed Democrats have been frightened off of the fight to secure our nation's vulnerable voting and tabulation systems and ensure public oversight of election results for fear of offering fodder to the MAGA Mob. We're not playing that game. [Audio link to full show is posted below this summary.]

But first up, some pretty dreadful media failures from both the wingnut Right and the non-wingnut Corporate Media. First, after a deteriorating, 50-year old bridge collapsed in Pittsburgh on Friday morning, ironically enough just hours before President Biden's planned appearance in the city to tout his recently signed $1 trillion bipartisan infrastructure bill to repair the nation's crumbling roads and bridges, one Fox "News" host may have jumped the shark when it comes to disinformation from the propaganda news outlet. (Which is not easy!)

Longtime Fox host and news anchor Julie Banderas went off on an embarrassing tear about how "President Biden has been making promises over promises over promises and, as you've noticed, none of them have come true," as she asserted to four others appearing with her, each in their own little silent box. "Back in June of 2021 he started talking about his bipartisan infrastructure deal," she sneered derisively. "There's nothing bipartisan about it! If it was bipartisan, it would have been passed by now!," she continued cluelessly in her rant, slamming the President for failing his vow to "reach across the aisle" to make policy with Republicans. That, she insisted, "has clearly not happened." She was quickly followed by Kayleigh McEnany who concurred. "That might have been the biggest fairy tale of them all," said Trump's former White House Press Secretary.

In fact, Joe Biden's landmark, $1 trillion bipartisan infrastructure bill --- which he was in Pittsburgh to discuss on Friday, fer chrissake --- was passed with nineteen Republicans voting with all the Democrats in the Senate. It was signed into law a full two and a half months ago --- even if word of that promise-kept has yet to pierce the Fox "News" reality bubble.

Sadly, non-wingnut news outlets are not a whole lot better in too many cases of late. On Thursday, a federal judge invalidated the largest offshore oil and gas lease sale in the nation's history. 1.7 million acres were recently auctioned in the Gulf of Mexico after a different federal judge last year, one appointed by Donald Trump, blocked Biden's Executive Order pausing new fossil fuel leases, forcing the Biden Administration to sell off the Gulf. That, even after a scam environmental analysis by Trump's Department of Interior claimed that it would be worse for the climate if Big Oil was not allowed to buy up the leases and expand their drilling there. The Biden Justice Dept. sued to prevent the sale and White House Press Secretary Jen Psaki made clear to reporters back in November that the President opposed the auction, but was left no option by the Trump-appointed Judge to carry it out.

So, Thursday's ruling was a welcome victory for the Administration. But one would have to read the actual stories from outlets like Washington Post and CNN to learn that, because both of those outlets sent out news alerts to mobile phones telling a very different story. CNN's alert screamed: "A federal judge invalidated the Biden administration's oil and gas leases for 80 million acres in the Gulf of Mexico, citing climate change," while WaPo misinformed its readers by declaring "Federal judge throws out Biden administration's massive Gulf of Mexico oil and gas lease sale, faulting its climate analysis."

Wow, if we didn't know better --- or hadn't clicked through to read the actual stories --- it sure would sound like Joe Biden is talking out of both sides of his mouth when he claims to care about climate change and transitioning off of fossil fuels, while carrying out the nation's largest-ever sale of drilling leases in the Gulf! With non-wingnut corporate media like ours, no wonder his approval ratings continue to plummet (despite the fastest growth in the economy since 1984, as the media has also been failing to adequately report, as discussed on yesterday's program!)

NEXT UP...The Department of Justice on Thursday announced that its Election Threats Task Force, formed seven months ago, has made its second arrest. They indicted a 50-year old Nevada man who had repeatedly called the Nevada Secretary of State's office with violent threats on January 7, 2021, just one day after the Trump-incited attack on the U.S. Capitol, promising they were "all going to fucking die". That, after hundreds, if not thousands of similar and worse threats have been issued since the 2020 election against elections officials across the country.

But its not only elections officials forced to face down such attempted intimidation. One longtime Election Integrity advocate, who joins us on today's show, says she has faced similar nightmares in response to her work in a critical swing state, resulting in both in-person intimidation to herself and her family, and a chilling attempt to hack into her home security system.

Our guest is LYNN BERNSTEIN, an aerospace engineer with an expertise in testing satellite systems, who has, in recent years, turned her skills toward fighting for evidence-based elections as founder of Transparent Election NC in North Carolina. The non-partisan group's mission, according to its website, "is to confirm that every eligible vote is counted as the voter intended by working with elections officials to ensure that elections are secure, transparent, robustly audited, and publicly verified."

But, Bernstein contends, there are some in her state who may not like that idea. She has become a critic of North Carolina's recently approved, unverifiable computerized touchscreen Ballot Marking Device (BMD) voting systems made by ES&S, the nation's largest private voting system vendor. Bernstein went public last month on Twitter with some of the threats she began to face after she (a registered and active Democrat) found common ground with the state's Libertarian Party. She helped convince them to exercise their right, under state law, to seek an independent source code and security review of ES&S' unverifiable BMD voting and tabulation systems.

Bernstein offers several chilling details on the intimidation she has faced since the Libertarian Party announced their plans to seek an independent source code review, which will be overseen by the excellent University of South Carolina computer science and voting system expert Dr. Duncan Buell (who has also been a guest on this program). "Elections officials have been in the news a lot about being harassed and threatened," she says. "It seems though that the intimidation of election advocacy leaders happens way more than the public is aware of. I work with people all across the country and privately we discuss it among ourselves, but most won't publicly disclose that they've been hacked or intimidated before."

She also shares her well-researched concerns about the state's controversial new ES&S voting equipment --- which are also used in many other states --- and which experts had strongly advocated against certifying in the closely divided swing-state. "I'm a big proponent of hand-marked paper ballots," says Bernstein. "I think it's just the best record of voter intent. It's a very direct record." She explains how the ES&S BMD systems print out bar-coded paper ballots, supposedly representing voter's touchscreen selections. But those ballots cannot be verified by any voter as actually reflecting their intent. "North Carolina law says that a voter must be able to verify their ballot before casting it. With ES&S's barcode system, it doesn't actually allow the voter to verify their vote before casting it."

During our conversation, Bernstein also offers an endorsement of the state's Libertarian Party chairman who explained in his Party's December press release announcing the review, that "this is not about litigating the 2020 election." She claims that "one of the reasons why he's the perfect person to do this" is because "he has done forensic examinations before" as a former fraud investigator. "When I let him know that this particular ES&S system has never undergone a truly independent source code review, a full comprehensive one, he was shocked, as I think most of us are when we learned of these things."

There's a lot to discuss here, including whether both the state and ES&S will allow the state-mandated review, as we recommit to working to reclaim the real fight for Election Integrity around the nation.

Finally, when it comes to election fraud --- and, arguably, voter fraud --- nobody holds a candle to what Trump and the GOP tried to pull off in 2020. So it's nice to see that the January 6th Committee in the House on Friday, subpoenaed 14 Republicans from seven different states --- all of them won by Biden in 2020 --- who signed their names as duly-sworn "electors" for Trump, on documents fraudulently sent to Congress and the National Archives, in one of the most brazen (and, thankfully, failed) election fraud schemes in the history of this nation...

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Record U.S. corruption; Biden economy booming (don't tell the media!); Snowflake Youngkin's 'tip-line' pratfall; 'Maus' banned in TN before Holocaust Remembrance Day; Internet's dumbest man strikes again...
By Brad Friedman on 1/27/2022 7:17pm PT  

Today, The BradCast is more than just a grab bag of American corruption. It's also topped off with several heaping helpings of rising rightwing autocracy and fascism! Enjoy! [Audio link to full show is posted below this summary.]

Among the stories covered today...

  • A new report ranking corruption among 180 countries ranks the U.S. as the 27th least corrupt in the world. In 2021, we fell to our worst score ever --- tied with Chile --- in Transparency International's index. For some reason or another, that's a fall from our previous (less corrupt) high in 2015. Whatever could have happened between then and now to make us more corrupt? The group suggests new efforts already under way by the Biden Administration to tackle corporate corruption could "significantly enhance" our ranking in future surveys. But, for now, they chalk up the nations new record low to, among other things, "persistent attacks against free and fair elections, culminating in a violent assault on the US Capitol, and an increasingly opaque campaign finance system."
  • You may or may not have heard the news --- it disappeared off of AP's front page as quickly as it was posted there today --- but the U.S. economy under Joe Biden in 2021 was absolutely booming. New Commerce Department numbers released Thursday finds that U.S. gross domestic product (GDP) increased last year at the fastest pace since Ronald Reagan's Presidency. The economy expanded by 5.7% in 2021, the best calendar year growth since 1984. Based on 4th quarter numbers, however, GDP was growing at an even faster, 6.9% annualized pace. You sure wouldn't know it from corporate media coverage, however, focused as it is on things like inflation (due, in no small part, to the exploding consumer demand). All of this is akin to AP's recent ridiculous reporting on new jobs numbers, even amid decades-low unemployment numbers and rising wages. Their headline under Trump in February of 2018, for example: "U.S. Employers Added a Robust 200,000 Jobs in January". Compare that to their December 2021 headline under Biden: "U.S. Employers Added a Sluggish 210,000 Jobs in November." (Yes, you read those correctly.)
  • Corruption takes many forms and has many different effects on a nation, none of them good. Some of them, however, can be quite amusing, even when it comes from the clumsy rightwing spread of autocracy and facism, such as that playing out under the freshly sworn in Republican Governor in Virginia, Glenn Youngkin. He announced this week that he has created a tip-line for folks to report teachers who might teach anything objectionable. That might include, for example, anything that may have to do with systemic racism (in Virginia, of all places!) or that could be perceived as making (white) children uncomfortable (aware of) our nation's past (and present). But, "Whatever you do," one Virginia lawyer and former Democratic Congressional candidate hilariously cautioned this week in a viral Twitter thread, "don't make a mockery of this with fake tips" sent to the state's helpeducation@governor.virginia.gov email tip line! He even provided some examples of several fake racism tips that should absolutely not be sent to that address!
  • As amusing as that might be, the rising tide of Republican snowflakes seeking safe spaces is also taking darker turns. This week --- just before today's Holocaust Remembrance Day, as irony would have it --- the McMinn County, Tennessee School Board voted 10 to 0 to ban Art Spiegelman's Pulitzer Prize-winning graphic novel MAUS: A Survivor's Tale from the school's 8th grade curriculum. The remarkable (beautiful, touching, terrifying, horrifying and even hilarious at times) story of Spiegelman's relationship with his parents, both Holocaust victims, relating their stories and his mother's horrible suicide with Jews drawn as mice and Nazis as cats, should be read by everyone. It's unclear if the County School Board is aware of the irony of banning books about Nazis who famously banned books, but the entire affair has left the author Spiegelman baffled and concerned about the rise of "autocracy and fascism" in the U.S., akin to what his parents eventually escaped in Europe. But it serves as another reminder of how important it is --- as discussed on yesterday's BradCast with Run For Something's Amanda Litman --- that more pro-democracy, anti-Nazi candidates need to run for local office everywhere! Including school boards!
  • And just one more for you today on the corruption of the media --- or at least, the fake, if wildly popular, disinformation propaganda site called Gateway Pundit. We usually try to ignore them and the clownish stuff they post. But they are behind about 90% of the phony wingnut "fraud" claims used by Trump and his gullible MAGA dupes to try and steal the 2020 election. This week, the website's super genius proprietor, Jim Hoft, posted a 100% phony story claiming that the Wisconsin state Assembly voted "unanimously" on Tuesday night to advance a resolution to decertify the Badger State's 10 electoral votes for Joe Biden from 2020. That, because they "were certified under fraudulent purposes." And because MAGA dupes are dupes, the story went viral, natch. As it turns out, one single state legislator in WI tried to introduce that resolution, with zero co-sponsors, was rejected, and it received zero votes in the Assembly. In fact, it wasn't allowed up for a vote at all. But don't tell the dopey propagandist/yutz Hoft, who still has the story posted on his site --- along with years of other phony, discredited, false stories --- two days after publishing it, even after USA Today's fact check thoroughly and verifiably showed it to be completely fake news. Sigh...
  • Finally, Desi Doyen joins us for some actual and verifiable news in our latest Green News Report, with a new report on the costs of reaching net zero emissions; another finding air pollution to be much deadlier than previously known; the Biden Administration revoking controversial mining permits in Minnesota; and both McDonald's and KFC each offering a new, plant-based menu item which may, or may not, move you to want to eat it...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Tensions boil in Russia-Ukraine standoff; SCOTUS takes affirmative action cases...
By Brad Friedman on 1/24/2022 6:38pm PT  

On today's BradCast, we pick up, in no small part, where we left off on Friday's show regarding that chilling, newly unearthed, December 16, 2020 draft Executive Order [PDF] created for Donald Trump to allow him to declare a national security emergency, seize the nation's voting systems, and implement a military coup that would have left him in power after the 2020 election's actual winner, Joe Biden, was supposed to have been sworn in. We are joined today by the woman whose organization's federal lawsuit in Georgia was quoted extensively in that draft EO as a pretext for seizing the nation's voting systems. Of course, the MAGA Mob lied about the ruling they quoted from her lawsuit in the never-issued EO. [Audio link to full show is posted at end of this summary.]

But first, we cover some quick news headlines today...

  • Just before airtime, the Fulton County, Georgia Superior Court reportedly approved District Attorney Fani Willis' request for the creation of a Special Grand Jury to aid her ongoing investigation into the criminal conspiracy to steal the state's 2020 Presidential election by Trump and others in his cabal, potentially including former WH Chief of Staff Mark Meadows, Trump attorney Rudy Giuliani and Trump buddy Sen. Lindsey Graham among others.
  • Then, news on the quickly ratcheting tensions in Ukraine, where Russia continues to amass thousands of troops on their eastern border in preparation, according to NATO and the U.S., for an invasion of the former Soviet Union satellite country. Russia, on the other hand, says it has no intention of invading and is simply responding to provocations by NATO and the West. We detail the latest as tensions continue to grow by the hour --- along with new military hardware in the region --- on all sides.
  • Also on Monday, the GOP's stolen and packed U.S. Supreme Court announced plans to take up two cases next term on affirmative action in college admissions. One case challenges the use of race in Harvard's admissions policies, the other looks at similar policies at the public University of North Carolina. The Court's decision to hear these cases, despite multiple cases in recent years confirming the Constitutionality of such policies, signals the likelihood that the newly far-right 6 to 3 Court is looking to overturn long-standing precedent on race-based policies. Such a reversal of otherwise settled law would echo similarly radical moves in other recent rightwing hobby horse cases taken up by this Court regarding abortion, gun rights, voting rights, vaccine mandates, and environmental regulations.

Then we're joined by MARILYN MARKS, longtime election integrity, security and transparency advocate and Executive Director of the non-partisan Coalition for Good Governance. It was a ruling in the Coalition's long-standing lawsuit seeking to ban Georgia's new, unverifiable touchscreen voting systems made by Dominion Voting Systems that was quoted, at length, in the December 2020 draft Executive Order [PDF] that was to direct Trump's Secretary of Defense to immediately seize the nation's voting systems and institute a military coup to keep him in office.

The EO quotes a ruling in the Coalition's case made by U.S. District Court Judge Amy Totenberg just prior to the November 2020 election. In it, as we reported at the time, she recognized the massive vulnerabilities in Georgia's new Dominion touchscreen Ballot Marking Device (BMD) voting systems, but allowed them for first-time use in the 2020 election anyway. The previous year, as part of the very same lawsuit, Judge Totenberg finally banned the state's controversial, 20-year old, unverifiable, insecure touchscreen systems made by Diebold, finding the vulnerabilities made them unconstitutional for use in Georgia's elections. Rather than replace those old systems with verifiable hand-marked paper ballot systems, Georgia's Republican Sec. of State Brad Raffensperger forced every county in the state to switch to the new, unverifiable Dominion systems which share many of the same problems as those they replaced.

In the draft EO, after citing Totenberg's 2020 ruling at length, the drafters of the document (likely Sidney Powell and Michael Flynn, among others), falsely claim that "Every defect and hazard of which Judge Totenberg warned, happened in Georgia."

Marks, whose has joined us many times on this program over the years to discuss her legitimate case to ban those Dominion systems in Georgia (a case which continues), offers her reaction today to seeing a ruling from her case included in the EO drafted for Trump's military coup.

"I was ready for the whole world to know about our lawsuit --- those who don't listen to you --- but this is not the way I wanted to have it happen!," quips Marks. "Because, of course, it is a totally serious lawsuit and this [EO] is preposterous, silly and crazy. And chilling, as well!"

She says that she was "horrified" when she first saw the news come in via headlines. "It's just so shocking that this would have gotten on paper anywhere, that anybody could have these ideas to use the judge's very serious ruling, to take it totally out, twist the words [and] wrap it in a bunch of lies. It's really so sad and scary."

Marks notes as well that, while there are indeed very serious vulnerabilities in Georgia's new voting systems (and others like it in use around the country) making them "hackable", the evidence-free (and/or wholly inaccurate) claims made by the Trumpers in the EO about them having been manipulated "is just so false. It's unbelievable that someone could get away with putting that on paper because there's no evidence that any of those things happened. Yes, there were problems [in Georgia]. Yes, those problems need to be resolved. But certainly not what these people are claiming."

She also explains why, even if the Pentagon had seized the voting machines in Georgia as the document called for, they were not likely to find the "malware" they pretended was on those systems in November of 2020 because the systems had already been wiped for upcoming municipal elections and the January U.S. Senate runoffs by that time in December.

We go on to discuss how both this newly revealed EO and all of the phony, evidence-free claims that the 2020 election was stolen --- as part of Trump's actual efforts to steal the election --- has made the fight for election integrity all the more difficult for real advocates. In response, she argues that many Democrats are now even more afraid to take action on anything that has to do with concerns about voting systems. Some, she notes, are even working to make such systems less transparent in the bargain. "So what we are seeing is some pushback that is really unhealthy in terms of let's reduce transparency, let's reduce citizen oversight, thinking that somehow that will quiet the citizens talking about the problems. It's a dangerous reaction," warns Marks...

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Also: The Prospect's Harold Meyerson on how Biden and Dems can build back 'Build Back Better' before mid-terms; And: Shell's billion dollar Canadian 'carbon capture' facility EMITS more than it captures!...
By Brad Friedman on 1/21/2022 6:50pm PT  

Trump's never-issued draft Executive Order to seize the nation's voting machines in December of 2020 has now been released, and it contains a surprise or two that may sound familiar to BradCast listeners! Also today, some thoughts from our guest on how President Biden and Democrats may still be able to salvage the critical Build Back Better agenda recently blocked by Lord Manchin and Lady Sinema. [Audio link to full show is posted below this summary.]

First up, the National Archives is believed to have turned over most of the hundreds --- and perhaps thousands --- of documents subpoenaed by the House Select Committee investigating Trump's attempt to steal the 2020 election with his attack on the U.S. Capitol and other actions. The documents from the Trump White House were handed over to the Committee this week following the crushing, 8 to 1 defeat [PDF] issued to the disgraced former President by his own stolen and packed U.S. Supreme Court on Wednesday.

One of the many documents we've been looking forward to seeing was said to be a never-issued draft Executive Order on "Election Integrity", supposedly directing the Dept. of Defense to seize the nation's computerized voting and tabulation systems on the baseless premise that they had all been hacked or manipulated in some fashion, and to establish a Special Counsel to investigate and prosecute the criminals responsible.

That draft EO was obtained and published today by Politico's Betsy Woodruff Swan. The 3-page order [PDF], dated December 16, 2020, directs the Secretary of Defense, "effective immediately", to "seize, collect, retain and analyze all machines, equipment, electronically stored information, and material records required for retention under" the federal law related to the preservation of election materials.

Happily, the Order was never actually issued. But, as we detail today, it's still stunning on several levels. For one, it quotes at some length from a 2020 ruling [PDF] by U.S. District Court Judge Amy Totenberg in the long-standing federal lawsuit challenging Georgia's use of new, unverifiable computerized Ballot Marking Device (BMD) voting systems made by Dominion. That lawsuit was filed years ago by the non-profit Coalition for Good Governance.

If that all sounds familiar, it may be because we have covered that specific case on this program for many years now, as filed by the Coalition headed up by founder and longtime election security champion Marilyn Marks. She has joined us countless times on this program to discuss it, including after the complaint saw its biggest victory when Totenberg banned the state's 20-year old touchscreen voting systems made by Diebold, after she ruled them to be unverifiable, unsecure and, therefore, unconstitutional. Shamefully, Georgia's Sec. of State Brad Raffensperger subsequently replaced them with Dominion's equally unverifiable and vulnerable touchscreen systems, despite many warnings from voting system and cybersecurity experts. Totenberg's 2020 ruling, quoted in the draft Trump EO, allowed those new systems to be used for the first time that year anyway, despite the vulnerabilities, while issuing clear notice that she may well end up banning their use as well in the future.

The unidentified Trumpers who wrote the draft Executive Order titled "PRESIDENTIAL FINDINGS TO PRESERVE COLLECT AND ANALYZE NATIONAL SECURITY INFORMATION REGARDING THE 2020 GENERAL ELECTION", peppered the draft with lies about evidence of "probable cause" that Dominion's systems --- (as well as those made by about 8 other companies, several of which don't even deploy voting systems in the U.S., much less in the states Trump was challenging) --- were manipulated by "a massive cyber-attack by foreign interests". The Trumpers used the 2020 federal court ruling out of Georgia to further their evidence-free claims and even lied to say that "Every defect and hazard of which Judge Totenberg warned happened in Georgia."

If so, there is absolutely zero evidence to that end, according to one of the Coalition's experts on the case, Dr. Philip Stark of UC-Berkeley. He told me today via email that while "the vulnerabilities undeniably exist" in those Dominion voting systems, "there is (so far) no evidence that they were exploited in 2020 --- contrary to the claims in the draft EO."

In addition to misidentifying voting system vendors (and some of their actual correct names), the Order would have also directed the Sec. of Defense to compile an assessment of the matter in 60 days which, as Woodruff Swan observes, "could have been a gambit to keep Trump in power until at least mid-February of 2021."

The unissued Order is dated just two days before a much-reported, lengthy, reportedly "bonkers" meeting in the Oval Office with Trump, his disgraced former National Security Advisor Michael Flynn, former Overstock.com CEO Patrick Byrne (for some reason), and loony conspiracist attorney Sidney Powell, who reportedly hoped to be named as a Special Counsel to oversee this emergency "national security" matter after the systems were seized. The final directive in the draft EO calls for the appointment of "a Special Counsel to oversee this operation and institute all criminal and civil proceedings [and to be] provided all resources necessary to carry out her duties." [Emphasis added.]

All of this underscores at least two important things. 1) Just how close this country under Trump came to an actual military coup ordered by the President of the United States to undermine and steal a Presidential election. And 2) The warnings that we have issued for nearly two decades now about how computerized voting systems that are so opaque and impossible for the public to actually oversee when they create and/or tally votes in secret, that --- even when they work as designed --- still allow for disingenuous cretins and liars like Team Trump to claim that they did not. That, in and of itself, as we have long warned, poses a grave threat to democracy and, clearly, national security. This matter should finally make that point crystal clear.

Before that story broke this afternoon, we had planned for our lede story today to be about how (and if) Joe Biden and Democrats can retrench and get their transformative Build Back Better agenda back on course, after both it and critical voting rights and election protection legislation were all blocked by Senate Republicans and Democratic Senators Joe Manchin and Kyrsten Sinema.

We're joined today by HAROLD MEYERSON, longtime progressive columnist and editor at The American Prospect to discuss just that. He wrote about it earlier this week, before his suggestion for breaking up the Build Back Better act into small chunks (and hold votes to put everyone on record for the stuff that was being blocked) was echoed by President Biden during his press conference two days later.

As usual, it is an insightful and very lively conversation on all of that and more with the delightful Meyerson today.

Finally, we close with a story out of Canada on the billion dollar "carbon capture" facility built by Shell as a demonstration for how their new technology could remove dangerous emissions from the air and allow for the continued use of fossil fuels in a climate changed world. As it turns out, according to a new report this week, the facility actually emits more greenhouse gasses than it captures. Go figure!...

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Also: In vote of historic shame, Manchin and Sinema join Senate Republicans to undermine voting rights and American democracy...
By Brad Friedman on 1/20/2022 5:50pm PT  

Today on The BradCast: While this week will be seen by history as a shameful one for American democracy --- or, more specifically, for 50 Republican Senators and 2 Democratic ones --- it may also eventually become a celebrated week for all of the encouraging criminal accountability news that is now coming in on what seems like an hourly basis for our disgraced and failed former President. [Audio link to full show is posted below this summary.]

Among the many stories covered today...

  • After a year-long kabuki drama, played out only for the benefit of obstructionist Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), both have decided to include themselves in American history's hall of shame by siding with segregationists, anti-democracy activists and Republican authoritarians in the U.S. Senate to block much-needed protection for voting rights and American democracy. While claiming to support the critical, combined Freedom to Vote: John R. Lewis Act --- which would have helped to standardize voting rights for all, combat the GOP subversion of election results, ended dark money in campaigns, blocked partisan gerrymandering in all 50 states and restored what SCOTUS broke in the Voting Rights Act in 2013 --- the two both voted to ensure none of it could happen. They chose to embrace the Senate's undemocratic filibuster rule instead, just as opponents of civil and voting rights have done over decades of American history. We put a bow on the year-long saga today, share parts of Wednesday night's maddening debate, and join Sen. Raphael Warnock (D-GA) in his vow from the Senate floor to keep coming back "again and again and again" until the job of protecting and saving American democracy is won.
  • In far less grim news today, the very very bad week for the Trump Crime Family continues to worsen. After Wednesday's devastating loss at his own packed and stolen U.S. Supreme Court, documents from the Trump White House regarding January 6, 2021 have reportedly begun flowing from the National Archives to the bi-partisan U.S. House Select Committee investigating the 2021 attack on the U.S. Capitol and Donald Trump's attempt to steal the 2020 election. We review a few interesting points of note from the High Court's crushing 8 to 1 ruling [PDF] rejecting Trump's claim of Executive Privilege in his failed effort to block the release of thousands of documents to the Committee, including what could be some very incriminating video tape.
  • With hopes of hiding behind Executive Privilege all but dashed by SCOTUS, the ability of Trump's henchmen to avoid subpoenas for documents and testimony by the Jan 6 Committee is quickly fading as well. On Thursday, Ivanka Trump became the first family member to receive an invitation --- not yet a subpoena --- from the House Committee to answer a number of key questions about her role in January 6th, and her various reported contacts with her father that day and in the days prior. The letter from Committee Chair Bennie Thompson (D-MS) makes clear that the Committee already has a great deal of information. It will be tricky for Trump's daughter, who served as a White House advisor, to avoid speaking with them. It will be a crime if she lies to them.
  • But that's not all. After New York State Attorney General Letitia James detailed evidence of years of bank, insurance and tax fraud by the Trump family this week, on Thursday, Trump's bad week became still worse. Fulton County (Atlanta) District Attorney Fani Willis asked a state Superior Court Chief Judge today to impanel a special grand jury in her nearly year-long probe of the apparent criminal conspiracy by Trump and many others (including WH Chief of Staff Mark Meadows, Sen. Lindsey Graham, Rudy Giuliani and more) to harangue, harass and threaten state election officials into reversing results of the Peach State's 2020 Presidential election, won by Joe Biden, in favor of Trump. Willis has said she will decide in the first part of this year whether or not criminal indictments are warranted for "potential violations of Georgia law prohibiting the solicitation of election fraud, the making of false statements to state and local government bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.” Uh, oh.
  • Finally, Desi Doyen joins us for our latest Green News Report, covering the likelihood that Biden's Build Back Better bill, also blocked by Joe Manchin, will now have to be broken up into smaller chunks; the devastating volcano and tsunami disasters in Tonga; smashed heat records in the Southern Hemisphere; and Exxon's new ploy to pretend they give a damn about climate change...

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Guest: Brennan Center's Michael Li; Also: AZ County finds no 2020 voter fraud; TX counties rejecting absentee applications under new law; Giuliani, other Trump fraudsters subpoenaed by House Jan. 6 Committee...
By Brad Friedman on 1/18/2022 6:53pm PT  

On today's BradCast: The ongoing GOP effort to undermine American democracy by making it harder to vote and easier to cheat in elections continues amid the fallout from Trump's attempt to steal the 2020 election. While you might think Republicans would pay a price for joining him in that effort, its Democrats --- and voters in general and American democracy itself --- paying the price, even as the Big Lie continues to fall further apart with each passing day. [Audio link to full show follows this summary.]

As you know, Republicans have been using false claims of massive (and, apparently, evidence-free) "voter fraud" in the 2020 election as a pretext to adopt new voter suppression and election subversion laws in GOP controlled states. The fruits of those corrupt efforts are already paying off. In Texas, for example, County Clerks across the state are reporting that the state's new anti-voting law, S.B.1, is forcing them to reject hundreds of legitimate absent ballot applications in one of the most difficult states in the nation to vote by mail already.

New I.D. requirements for ballot applications have resulted in rejections of nearly half of the absentee applications in Travis County, home to the state's capital of Austin. Worse, the state's Secretary of State has yet to issue rules for how County Clerks may legally notify or help the rejected voters to cure their applications in advance of the state's March mid-term primaries. (The application deadline is Feb. 18.)

Many of the rejected applications are from voters that have been voting by mail for years. But the new state law now requires applicants to include either a drivers license number or state I.D. number or the last four digits of their Social Security number on the application. While some don't notice the new requirement and are rejected on that basis, others do include one of those numbers, but are still being rejected! Why? As Democrats had warned when trying to block the bill, the TX law now requires that whichever number a voter uses on their application must match the number on their voter registration form, many of them completed years ago. If the voter includes a drivers license number on their application, for example, but their registration includes a State I.D. number instead --- or no number at all (as is the case with millions of voter registrations in the Lone Star State) --- their applications must now be rejected. Mission accomplished?

Meanwhile, the GOP's Big "voter fraud" Lie continues to fall apart in Arizona, where Joe Biden has been confirmed many times over to have lawfully defeated Trump in 2020. On Friday, in the second largest county in the state, Pima (home to Tucson), the Pima County Attorney's Office determined that, of the 151 cases referred to them as possible cases of voter fraud after 2020, ZERO actually merited criminal charges. There remain a handful of possible fraud cases elsewhere in a the state (less than 50). But, of course, if all known cases of possible fraud in Arizona turned out to be actual fraud and all of those votes were somehow in favor of Biden, there still wouldn't be nearly enough fraudulent ballots to reverse his 10,000+ vote victory out of about 3.2 million ballots cast in the state. Nonetheless, in AZ as well, Republicans are using their lies about "voter fraud" to make it harder to vote and easier for them to cheat in elections.

But the biggest story on today's BradCast involves gerrymandering, perhaps the most critical reason our federal government and our democracy has become so seemingly irreparably broken. Democrats in the U.S. Senate this week have combined the combined Freedom to Vote Act (which, among many other critical election reforms, makes partisan gerrymandering unlawful in all 50 states) and the John Lewis Voting Rights Advancement Act (which restores the requirement for federal pre-clearance of new election laws in states with a history of racial discrimination in elections after SCOTUS gutted the landmark provision) into one single bill called the Freedom to Vote: John R. Lewis Act. All 50 Democrats in the majority claim to support the newly combined bill. Zero Republicans do. But unless two Democratic Senators (Sinema and Manchin) agree to modify the Senate filibuster rule to allow democracy-saving legislation to be adopted with a simple majority vote, none of it will become law and the GOP efforts to game elections will be largely free and clear through 2022.

For several years, experts have been warning that, following the 2020 Census, the new round of redistricting was going to be very bad for Democrats in GOP-controlled states. That, after the U.S. Supreme Court gutted the Voting Rights Act in 2013 and later declared that federal courts may have no say at all on the issue of partisan gerrymandering, But, with about half of the new maps now redrawn by states in advance of the 2022 mid-terms (with several being challenged in state courts), are they as bad as many pundits had foretold?

A number of redistricting experts of late have suggested that the new maps aren't nearly as bad for Dems as they might have been. But is that true? We're joined today by Brennan Center's Senior Counsel for its Democracy Program, MICHAEL LI, who serves as the non-partisan organization's redistricting expert.

Last week, in an op-ed for Washington Post, Li describes the notion that gerrymandering hasn't been too bad for Democrats this year as a "misleading narrative" for a host of reasons. Experts, he notes, had predicted a bunch of safe Democratic seats would be remapped into Republican districts. "They expected Democratic seats to fall," Li explains. "But instead, what Republicans are doing is shoring up the disproportionate advantages they already hold" following the extreme partisan gerrymanders from 2011.

"In Texas, under the old maps, Democrats have 36% of the seats. Under the new maps they have 37% of the seats, so very little change," he tells me by way of just one example. "But the competition is gone. So whereas under the old maps there were competitive districts, under the new maps, even if Democrats got 58% of the vote [across the state], they would still have the same 37% of the seats, which hardly seems fair. Even if Texas turned deep blue, Republicans would have almost a 2-to-1 advantage. That's the perniciousness of the state's gerrymander."

There are other examples, in North Carolina for instance, where the maps are currently being challenged in state courts. We also discuss how the Supreme Court's unwillingness to hear partisan gerrymandering cases has affected all of this and whether or not the Court will similarly begin to turn away racial gerrymander cases as well in the not too distant future.

Li goes on to explain why the Freedom to Vote: John R. Lewis Act --- if Republicans or Manchinema were to allow it to be passed into law --- "would be a game-changer" on this issue. It "would transform redistricting. There would be a ban against partisan gerrymandering in Congressional redistricting. It would be easy to calculate and figure out whether a map violates that and, if a map does, then it's blocked from use pretty automatically, perhaps even in time for 2022 if Congress were to pass it soon."

But, alas, unless there are some surprises in the Senate this week, the bill is unlikely to pass anytime soon. So, what's left? Should Democratic-controlled states, in order to save democracy itself before the 2024 elections, gerrymander their own maps as aggressively as Republicans have? As much as it pains me to do so, I have previously argued that they should. Does Li agree? Tune in to find out!

Finally, before we go, the mid-show breaking news that Rudy Giuliani and a number of others who were very close to the disgraced former President as he was attempting to steal the 2020 election have now been subpoenaed by the House Select Committee investigating the January 6th attack on the U.S. Capitol...

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Guest: Marcy Wheeler of Emptywheel; Also: WI judge bars all ballot drop boxes; OH Supremes nix GOP-gerrymandered state, U.S. House maps...
By Brad Friedman on 1/14/2022 6:45pm PT  

We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

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Also: A history lesson for Manchin; And Biden finally calls for Senate filibuster reform to pass voting rights and election protection legislation...
By Brad Friedman on 1/11/2022 6:47pm PT  

As it turns out, it wasn't an attack from highly skilled opposition mercenary warriors trained in the art of espionage, deception and surprise attacks that took down the Cyber Ninjas. It was their own incompetence, dishonesty and hopes of escaping huge court fines for failing to follow the rule of law that appears to have done them in. Or, perhaps they're just in hiding, ready to pounce again when they are least expected! [Audio link to full show is posted at bottom of this summary.]

First up on today's BradCast, however, before we get to the "death" of the Ninjas and their ongoing clown show, President Biden and Vice President Harris traveled to Atlanta on Tuesday to call for U.S. Senate filibuster reform in order to pass voting rights and election protection legislation with a simple majority. That, in hopes of countering voter suppression and election subversion measures being adopted by GOP controlled states across the nation.

All 50 Senators who caucus with the Democrats (plus Vice President Harris) are on record in support of the critical Freedom to Vote Act and John Lewis Voting Rights Advancement Act. But in the U.S. Senate, while that simple majority vote may be enough to cut taxes or allow drilling and mining on previously protected federal lands or seat Supreme Court Justices for life, it's currently not enough votes to protect American democracy. Not with the Republican Party now fully in opposition to both voting rights and democracy while Senate rules require a 60-vote super-majority to pass both pieces of legislation.

As Biden pointed out in his remarks today --- for the first time, offering a full-throated call to reform the Senate rules --- the united GOP opposition to voting rights is fairly new. Until recently, even Republicans voted in support of expanding and protecting voting rights at the federal level --- at least enough of them to overcome a Senate filibuster. But not anymore. At the same time, obstructionist Democrats Joe Manchin (WV) and Kyrsten Sinema (AZ) have refused to allow the majority to create a carve-out to the filibuster --- akin to hundreds of others in the Senate --- to adopt the legislation that both of them claim to support.

This week, Manchin even went so far as to describe the filibuster to reporters as a critical Senate tradition that has been in place "for 232 years." In fact, the filibuster as we now know it has been in place since 1975, as historian Max Kennerly explained on a Twitter thread in response to Manchin. "232 years ago, in 1790, a simple majority could end any debate," he notes. And Adam Jentleson, Harry Reid's former Chief of Staff who wrote a book on the filibuster, went so far as to alert Manchin to how much the Constitution's framers virulently opposed a super-majority requirement for anything at all, quoting both "father of the Constitution" James Madison and Alexander Hamilton from The Federalist Papers. (Which is why there is no such requirement in the Constitution.)

"Sadly, the United States Senate — designed to be the world's greatest deliberative body — has been rendered a shell of its former self," Biden, a former six-term Senator, declared in his impassioned remarks on Tuesday, describing the filibuster as having been "weaponized and abused."

Whether the Biden/Harris calls in Atlanta for reform will have any effect on the clueless Manchin and the similarly disinformed or dishonest Sinema remains to be seen. Senate Majority Leader Chuck Schumer continues to insist that "failure is not an option", vowing a series of votes on the matter between now and Monday's Martin Luther King Day holiday.

Meanwhile, the GOP fight against election integrity may have hit a few embarrassing snags after their infamously failed "post-election forensic audit" in Maricopa County (Phoenix), Arizona last year. As you already know, the state GOP Senate's taxpayer funded audit theater found no Chinese bamboo in the County's 2.1 million hand-marked paper ballots, but it did declare that Joe Biden defeated Donald Trump by even more votes than originally certified. And if you follow The BradCast, you also may know that real election audit experts discovered that even those numbers were apparently "made up out of whole cloth" by the Ninjas, whose actual count of the ballots (never mind the results on them) was off by tens of thousands.

The final report that the Ninjas and its CEO Doug Logan produced last year on behalf of the GOP State Senate, also included 77 claims of "possible" fraud in the County's reported tallies and other questions to raise alarms about the legitimacy of tens of thousands of "maybe" illegal votes.

As it turns out, however, according to a 93-page, point-by-point rebuttal [PDF] of each of those claims, released last week by the Republican-majority Maricopa County Board of Supervisors after months of investigation, 76 of the Ninjas' 77 claims were completely wrong.

For example, according to the Ninjas' final audit report, 5,295 voters "potentially voted in multiple counties" in Arizona. The county found, however, that, in reality, just 5 voters may have done so. (They've forwarded their findings to the state AG). The Arizona Republic's Jen Fifield offers a helpful, detailed summary of most of the key rebuttals from the County, explaining how the Ninjas got it so embarrassingly wrong on virtually every "misleading, inaccurate and false" score.

The County's response to the Ninjas' pathetic report was mostly lost, however, amid the news the next day that the Cyber Ninjas were claiming to be no more. A spokesperson announced that they had shut their doors and all employees, including founder and CEO Logan, had been let go, following a contempt ruling from an Arizona Superior Court Judge. He found that failure by the Ninjas to turn over thousands of pages of public records documenting their "audit", its financing, and their communications with officials about it in two separate lawsuits violated the law. The plaintiffs sought a $1,000/day penalty until the documents were turned over. The judge informed the Ninjas they would be fined $50,000/day instead! They then declared they no longer existed, like a ninja disappearing into the night! Except they are really shitty ninjas.

The judge has stated that their claims at insolvency in an attempt to shut down to avoid the court fines was not going to work, threatening to apply the $50,000 daily fine to individuals with the company, like "former" CEO Logan. As it turns out, Logan formed a second company last year named Akolytos, using the same business and mailing addresses as the Cyber Ninjas. But his hopes of escaping the court fines through that second company may not work either, as journalist Kim Zetter details in her latest, excellent Zero Day newsletter. SAD!

Finally, as the Northeast grapples with a brutal cold snap today, Desi Doyen joins us for our latest Green News Report, detailing the record warmth of 2021, and the disturbing increase in emissions causing our climate emergency over the past year...

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Omicron rising; Emissions rising; Calls for Trump accountability rising...
By Brad Friedman on 1/10/2022 6:33pm PT  

As usual, there is nothing but fantastic news on today's BradCast! (Okay, maybe that's not entirely true. But the caller segment was lively!) [Audio link to full show is at the end of this summary.]

Among the stories covered and/or referenced today...

  • Don't be fooled by those claims that Omicron may be "less severe" than previous variants of the coronavirus, or that it only causes "mild" symptoms in most people. As of Monday, according to Reuters, the U.S. broke its all-time COVID hospitalization record, as hospitals are once again forced to cancel elective procedures while Omicron surges. Cases, hospitalizations and, yes, deaths are all rising, with deaths now averaging about 1,700/day (up from 1,400/day just a few days ago --- and nearing the height of the Delta surge just weeks ago.) The vaccinated are still FAR less likely to be infected, hospitalized or killed.
  • A new study released Monday from Europe's Copernicus Climate Change Service finds the last seven years have been the hottest on record globally, with 2021 coming in as the fifth warmest year ever recorded.
  • And the U.S. isn't helping. We're going the wrong way. Another new study published on Monday, from the Rhodium Group, finds that American greenhouse gas emissions from energy and industry rose 6.2% in 2021. In order to meet our commitments to the Paris Climate Agreement (and President Biden's goal of lowering U.S. emissions 50% below 2005 levels by 2030, and reach net-zero by 2050 --- not to mention, to try and save humanity), we need to decrease emissions by at least 5% each year. That said, 2021 could have been worse. One reason for the increase in 2021 was the unprecedented 10% decrease in emissions fueling man-made climate change in 2020, during the pandemic lockdowns. We're still below 2019 levels, for what it's worth. But we need to do much better. And quickly.
  • The Build Back Better Act would help that! It would, among many other transformative things, make an unprecedented historic investment in speeding the transition in the U.S. from dangerous, dirty fossil fuels to clean, renewable energy. But with that bill stalled in the Senate for now, thanks almost entirely to obstructionist Sen. Joe Manchin (D-coal industry), Dems are pivoting back to voting rights and election protection legislation this week in advance of next week's Martin Luther King Day holiday. But, of course, to pass the critical Freedom to Vote Act and John Lewis Voting Rights Advancement Act, they will still need to reform the filibuster, since the Republican Party is now radically opposed to voting rights and democracy. And to reform the filibuster to protect democracy, Manchin and obstructionist Sen. Kyrsten Sinema (D-Kyrsten Sinema) will have to agree to play along. Good luck with that, Dems! (Seriously. Good luck!)
  • But whether Dems successfully reform elections or not, unless those who tried to steal the 2020 Presidential election in broad daylight are held criminally accountable, they will almost certainly try to do it again in the near future. And this time they'll be better prepared. Last week at The Guardian, Sidney Blumenthal offered a fascinating, detailed report on both the January 6th insurrection and the year-long attempted coup that got us there. The dunderheads and dupes that were hoaxed into storming the U.S. Capitol were, as Blumenthal reports, merely "the tip of the iceberg". The insurrection was, he explains, merely the end result of a year-long attempt to carry out a coup to steal the election, as organized by Koch Network-funded activist and legal groups like the American Legislative Exchange Council (ALEC), Public Interest Legal Foundation (PILF), and the secretive rightwing Council on National Policy (CNP). Those groups plotted hand-in-glove with state and federal public officials in Congress, at Trump's DoJ, at the Pentagon and, of course, at the White House itself. And yet, nobody other than the dupes and dunderheads have yet been charged by the Dept. of Justice for one of the greatest attempted crimes in U.S. history.

    During the holidays, our guest host Nicole Sandler interviewed longtime independent investigative journalist Marcy Wheeler of Emptywheel, who has been tracking the DoJ's probe and indictments of insurrectionists --- as well as the higher-ups who plotted the year-long coup attempt --- as close as anyone. Wheeler argued that those who have been critical of Attorney General Merrick Garland for not doing enough to date (including us!) haven't been paying close enough attention. She explained how the House Select Committee on the January 6 attack is working from the top-down and how DoJ (who, don't forget, raided Giuliani's home, office, computers and telephones soon after Biden took office and is still working through those documents) is working from the bottom-up. Wheeler details that both probes may almost be at the same place now, just a step or two away from Donald Trump himself.

    Moreover, during remarks last week at the DoJ to commemorate the first anniversary of the 1/6 attack and the subsequent largest investigation in the Department's history, Garland explained: "The Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under law --- whether they were present that day or were otherwise criminally responsible for the assault on our democracy. We will follow the facts wherever they lead."

    So, with all of that in mind, should we feel better about what Garland and the DoJ are now up to? We open the phones to listeners to get a sense of exactly that...

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Republicans remain shamefully disinformed one year later; Biden calls out predecessor's 'web of lies conceived and spread for profit and power'; American democracy remains in peril...
By Brad Friedman on 1/6/2022 6:41pm PT  

While we've been citing the New York Times Editorial Board's headline from New Years Day of late on The BradCast, declaring that "Every Day is Jan. 6 Now", today it quite literally was, as the nation marked the grim first anniversary of Donald Trump's final, deadly and failed attempt to steal the 2020 election. [Audio link to full show is posted below this summary.]

We'll let you tune in for details of our special coverage today, in which we discuss some difficult realities in the ongoing fight to save American democracy. Trump's attempted coup might have failed on January 6, but his evidence-free lies about the election have succeeded in duping nearly 80% of Republicans into believing that Joe Biden's victory was not legitimate. That, despite the lack of any evidence, more than one year later, that the election results were fraudulent in any state.

As noted on today's program, authoritarianism and fascism, it seems, have had far greater success over the centuries for a reason. They are much easier than democracy, which requires truth, facts, transparency, public oversight and public participation in its defense. But, if you are lied to, if you don't know what is actually going on in our country, in your government, if you don't know the facts, it is difficult to defend them or democracy itself.

But we will keep striving to do so, by bringing you independently verifiable facts every day for as long as we can --- in a way that doesn't require you to simply trust us --- in hopes of somehow, someday, someway, restoring a sense of a shared reality from which we can all take action.

Toward that end, both Vice President Kamala Harris and President Biden offered remarks today from inside the U.S. Capitol Rotunda, one year after it was attacked by a duped MAGA Mob ginned up by Donald Trump to believe that his lies about the election had any relation to reality. On that day, and those that followed, some his supporters, as well as several U.S. Capitol and D.C. law enforcement officers, paid the price with their lives, along with nearly 150 officers who were injured in the unprecedented assault.

We share both Harris' and Biden's words today, each of whom underscored yet again the necessity of federal legislation to shore up voting rights to counter the GOP's newly enacted schemes to subvert elections and overthrow democracy itself.

For his part, Biden forcefully called out the failed former President in blistering remarks in which he accused Trump and his supporters of holding a "dagger at the throat of democracy" in an "armed insurrection" one year ago.

"We must be absolutely clear about what is true and what is a lie," Biden urged. "The former President of the United States of America has created and spread a web of lies about the 2020 election. He’s done so because he values power over principle, because he sees his own interests as more important than his country’s interests and America’s interests, and because his bruised ego matters more to him than our democracy or our Constitution. He can’t accept he lost."

"Right now, in state after state, new laws are being written --- not to protect the vote, but to deny it; not only to suppress the vote, but to subvert it; not to strengthen or protect our democracy, but because the former president lost," he continued. "It's wrong. It’s undemocratic. And frankly, it's un-American."

"It's up to all of us --- to 'We the People' --- to stand for the rule of law, to preserve the flame of democracy, to keep the promise of America alive. That promise is at risk, targeted by the forces that value brute strength over the sanctity of democracy, fear over hope, personal gain over public good.

"Make no mistake about it: We’re living at an inflection point in history," Biden said. "As we stand here today --- one year since January 6th, 2021 --- the lies that drove the anger and madness we saw in this place, they have not abated. So, we have to be firm, resolute, and unyielding in our defense of the right to vote and to have that vote counted."

"We are in a battle for the soul of America," he charged, reiterating the argument with which he kicked off his 2020 campaign as he concluded his remarks. "I did not seek this fight brought to this Capitol one year ago today, but I will not shrink from it either. I will stand in this breach. I will defend this nation. And I will allow no one to place a dagger at the throat of our democracy."

He finished by offering a blessing for "those who stand watch over our democracy."

Finally today, at the end of somewhat dark program, some light. Just a bit. We close with a spoken word poem of some hope from Amanda Gorman, our National Youth Poet Laureate, called New Day's Lyric...

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Guest: Philly Inquirer's Will Bunch; Also: Garland vows accountability for 'all Jan. 6 perpetrators, at any level'; Coward Trump cancels anniversary presser; Hannity's insider testimony sought by House 1/6 Committee...
By Brad Friedman on 1/5/2022 6:24pm PT  

One year after the former President's attempt to steal the 2020 election by hurling the bodies of his supporters at the U.S. Capitol, we're more convinced than ever on The BradCast that, as the New York Times Editorial Board declared on New Years Day, "Every Day is Jan. 6 Now". [Audio link to full show is posted at end of this summary.]

We will soon be entering our 19th year at The BRAD BLOG of trying to warn about the ongoing and worsening threats facing American democracy. But the rising tide of authoritarianism in this nation is now more of a threat than at any time in modern decades. If American democracy falls, so does virtually every other pressing demand, like the need to save humanity from the ravages of climate change. So, yeah. It's kind of important, and we will continue to stay on this beat as long as necessary, as long as we can.

Toward that end today, the despicable, disgraced, twice-impeached, failed, loser of a former President, Donald Trump, who lied about voter and election fraud in order to try and steal a Presidential election, cancelled his planned press conference at Mar-a-Lago on the first anniversary of his pathetic, desperate and deadly attack on the U.S. Capitol. As it turns out, he's both a coward and didn't actually have anything to say that hasn't already been heard and/or debunked as bullshit.

His ridiculously (but not surprisingly) childish statement announcing he was calling off the presser came just hours after his pal, Sean Hannity of Fox 'News', was politely invited to answer questions from the U.S. House Select Committee investigating the Capitol assault and Trump's attempt to steal the election which lead up to it. The Committee makes clear in its letter [PDF] that they have already obtained many documents from others regarding Hannity's insider status and direct conversations with Trump in the days before, during and after the attack. While the Committee explained their efforts to go out of their way to avoid any First Amendment press freedom issues with Hannity, and even tried to appeal to his (pretend) patriotism, its unclear whether the Fox propagandist will cooperate.

Next, buttressing the persuasive argument made by Marcy Wheeler with Nicole Sandler on The BradCast last week, Attorney General Merrick Garland, facing pressure from the left to bring accountability to Trump and his cronies, addressed DoJ officials on Wednesday on the occasion of the first anniversary of last year's Capitol attack. After detailing the more than 700 arrests made to date, and at least 250 perpetrators who are still being sought for assaulting law enforcement officials that day, Garland promised the probe was far from complete and was following the facts of the case from the bottom up.

"The Justice Department remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law --- whether they were present that day or were otherwise criminally responsible for the assault on our democracy," the AG vowed, adding: "We will follow the facts wherever they lead."

He also highlighted how the U.S. Supreme Court has radically gutted the Voting Rights Act twice over the past decade, and called again for new federal legislation to give the DoJ tools they need to assure the right to vote and to combat state legislatures institutionalizing the ability to subvert election results on a partisan whim.

Finally, we're joined again today by WILL BUNCH, longtime national correspondent and columnist at Philadelphia Inquirer. Bunch was with us on January 6th last year for a wild ride of a broadcast that day as the Capitol was still under assault during the official confirmation of Joe Biden's Electoral College victory as we went to air. At the time, it was particularly unclear what exactly the MAGA Mob was doing and how they might be stopped.

Among the topics of our conversation one year later with Bunch (who just tested positive for COVID!): Lessons learned since Jan. 6 and the many questions still unknown; The many, still confusing reasons and explanations as to why it took so long for law enforcement to respond to the worse attack on the Capitol in two centuries (he suggests part of that was due to "a dog that didn't bark"); Whether or not there should have been more accountability brought by the Justice Department by now (he notes that the Watergate probe took much longer); And his thoughts on Garland's comments at the DoJ today...among much more!

"Honestly, it's taken a full year and it's taken really diligent, praise-worthy work from the January 6th Committee in the House to bring into focus some of what we saw happening that day, that we didn't fully understand in real time," Bunch observes. "What the goals were, who was behind what and why. We've learned so much in the last twelve months."

We've got a lot to discuss on today's program...

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Guest: UC-Berkeley's Philip B. Stark, post-election audit expert; Also: Another young GOP anti-vaxxer dies in SoCal; 2021 ends and 2022 begins with another round of deadly, climate change-fueled extreme weather...
By Brad Friedman on 1/4/2022 6:16pm PT  

On today's BradCast: Last September, Donald Trump demanded an "audit" of the 2020 Presidential election in Texas, where he was certified to have won by about 550,000 votes, the narrowest victory for a Republican nominee in the Lone Star State in decades. Hours after he demanded it, his lapdog, Republican Governor Greg Abbott, made it happen. Despite the state's top election administrator previously describing the 2020 election as "safe and secure", state taxpayers are now quietly paying for another review of results in the so-called "conservative" state. Four of its largest counties are being reviewed. Three of them went to Joe Biden in 2020. A report from the first phase of the so-called 'forensic audit' was released last week, when as few people as possible might notice: At the end of the day on Friday...New Years Eve. [Audio link to full show is posted below this summary.]

But before we get there today, a quick update on the quickly intensifying Omicron surge of the coronavirus, as more than 100,000 Americans were hospitalized as of Monday, the highest number since the late summer Delta surge. President Biden once again urged Americans to get their shots. In White House remarks he said the public should "be concerned about Omicron, but don't be alarmed," before adding, "but if you're unvaccinated, you have some reason to be alarmed."

It's unknown if the Republican anti-vaxxer community in Orange County, CA will be moved by the President's comments. Perhaps the death this week of their well known 46-year old Deputy District Attorney, Kelly Ernby, a longtime GOP anti-vaccine activist and failed political candidate, will get their attention. We share her tragic, if predictable, story today, just weeks after the prosecutor's last Southern California rally in December in favor of "freedom" in opposition to vaccine mandates.

Then we're joined by PHILIP B. STARK, longtime Professor of Statistics at UC-Berkeley and the inventor of the post-election Risk Limiting Audit (RLA) protocol, to discuss the very quietly released "Phase 1 Progress Report" [PDF] of what Texas is describing as a "Full Forensic Audit of November 2020 General Election". The phrase "forensic audit", as Stark notes, doesn't actually have any accepted definition or specific meaning. But, we also discuss much more about the newly found "forensic audit" fever among Republicans who have spent years blocking Democratic measures in Congress to institute legitimate post-election audits in all 50 states after every election.

You'll not be surprised to learn that the Lone Star State's review, at least so far, appears to have turned up pretty much nothing unusual at all. Their hand-count of ballots (not of results, apparently, but simply of the number of ballots) in a number of precincts in each of four different large counties (Dallas, Harris, Tarrant and Collin) appears to have largely confirmed the original certified totals in those precincts. We discuss the not-much-to-see-here details that add to the continuing pattern of Republicans finding no evidence at all that the 2020 election was stolen, as Trump continues to falsely complain to this day.

But there is a much larger picture to discuss. The implementation of secret, computerized tallying of ballots over the past two decades has made election results virtually impossible for the public to oversee. That has helped open the door to crackpot claims like those from the loser former President that our elections are littered with fraud and false tallies. Stark explains how the lack of legitimate post-election audits, safeguards, transparency and "evidence-based elections" has led the nation to this moment when American democracy itself is now under very serious threat.

"The end goal is to conduct elections in such a way that we have strong evidence that the reported winners actually won," Stark explains. "In order to do that, you need to start by running your election well. You will have the documents, processes, the security protocols, etc., in place that allow you to do a meaningful audit that can tie a bow around the election, and say, yes, whatever might have gone wrong with the election didn't change the reported outcome."

"The problem," he continues, "is if you go into an election that wasn't run especially well, and then afterwards try to do something based on the records that you do have. You're never going to be able to present affirmative records that the reported winners really did win. They won't give you evidence for or against the outcome being right."

And then, the conversation turns much darker.

"I don't want to be alarmist, but I think we have a very short period of time in which to make our election processes far more publicly transparent and visible, and have much more public participation," Stark warns. "If we haven't implemented evidence-based elections by the 2024 Presidential election we are very likely to see serious civil unrest in the aftermath. We have to make it a top priority to conduct our elections in a way that they produce real evidence of who won, not just 'trust me, I did it right,' or 'trust the vendor who sold me the [voting and tabulation] equipment' or 'trust the people who configured it for me,' or 'trust this or trust that,' but actually 'show me!' We really need to have 'show me,' not 'trust me' elections."

As much as we strive to avoid false "both sidesism" on this program --- and even though some Dems in Congress have tried for years to adopt federal legislation mandating real post-election audits, only to be stymied by Republicans every time --- this really is a bipartisan problem. "After the 2016 election, the Republicans didn't want to look. After the 2020 election, the Democrats don't want to look. If you like the answer, you don't want to look too hard. I think that's a terrible mistake. It allows uncertainty to be weaponized, which is what we've seen in the aftermath of the 2020 election," Stark cautions.

He continues: "The fact that a system is vulnerable does not mean that it was exploited. But we ought to build our systems or run our systems in a way that if a vulnerability was exploited, we can catch it and correct the outcome before it becomes final. And we know how to do that. It is a solved problem. It is not rocket science. It does involve a lot of shoe leather. And it involves not trusting computers on the whole. It requires public transparency."

But if that is not going to happen at the federal level (thanks in no small part to Democratic Senators Manchin and Sinema, who are joining Republicans to block passage of audit mandates in the Freedom to Vote Act), it can certainly happen at the state level, where very few, if any, states currently carry out audits that are robust and transparent enough to earn full voter confidence. "I hope that some state legislatures rise to the occasion and decide to do evidence-based elections in time for at least 2024, if not the midterms," Stark tells me.

Finally, Desi Doyen joins us for our first Green News Report of the new year, with deadly climate change-fueled extreme weather already wreaking havoc across both the nation and the world as 2022 begins...

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